[Ord. No. 2017-1243 § 1, 8-21-2017[1]]
The Council adopts the 2015 Edition of the International Building
Code, including Appendixes C, E, F, G, H, I and J (as amended), one
(1) copy of which has been on file with the Town Clerk for a period
of ninety (90) days prior to the adoption of this Article, by reference
as if fully set forth in its entirety. At least one (1) copy of the
2015 Edition of the International Building Code shall remain on file
in the office of the Town Clerk and shall be kept available for public
use, inspection, and examination.
[1]
Editor Note: Section 6 of this ordinance provided an effective
date of 1-1-2018.
[Ord. No. 2017-1243 § 2, 8-21-2017]
A.
The code adopted by this Article is hereby amended by substituting
the following sections in lieu of those sections with corresponding
numbers in the code, or, where there is no corresponding section in
the code, the following sections shall be enacted as additions to
the code:
1.
Section 101.1 is amended to read as follows:
101.1 Title. These regulations shall be known as
the "Building Code of Carrollton, Missouri," hereinafter referred
to as "this code."
3.
103.0 CODES DEPARTMENT.
a.
Section 103.1 is amended to read as follows:
103.1 Code Officer. The administration and enforcement
of this code shall be the duty of the code officer, who shall be referred
to as the building official in this code. The building official is
hereby authorized to take such action as may be reasonably necessary
to enforce the provisions of this code. Such persons may be appointed
and authorized as assistants or representatives of the code officer
as may be necessary to carry out the provisions of this code.
b.
Section 103.2 is amended to read as follows:
103.2 Deputies. In accordance with the prescribed
procedures of this jurisdiction the Town Council shall have the authority
to appoint deputy code officials, other related technical officers,
inspectors and other employees.
c.
Section 103.4 is amended to read as follows:
103.4 Restriction of employees. An employee connected
with the Codes Department shall not be engaged in or directly or indirectly
connected with the furnishing of labor, materials or appliances for
the construction, alteration or maintenance of a building, or the
preparation of plans or of specifications therefor, unless such employee
is the owner of the building; nor shall such employee engage in any
work which conflicts with such employee's official duties or
with the interest of the Department.
4.
Section 104.7 is amended to read as follows:
104.7 Department records. An official record shall
be kept of all business and activities of the department specified
in the provisions of this code, and all such records to the extent
required by law shall be open to public inspection at all appropriate
times and according to reasonable rules to maintain the integrity
and security of such records.
5.
Section 104.8 is amended to read as follows:
104.8 Liability. Any officer or employee charged
with the enforcement of this code, while acting on behalf of the Town,
shall not thereby render such individual liable personally, and is
hereby relieved from all personal liability for any damage accruing
to persons or property as a result of any act performed in the discharge
of official duties. Any suit instituted against any officer or employee
because of an act performed by that officer or employee in the lawful
discharge of duties and under the provisions of this code shall be
defended by the legal representative of the jurisdiction until the
final termination of the proceedings. The officer or employee shall
not be liable for costs in any action, suit or proceeding that is
instituted pursuant to the provisions of this code; and any officer
or employee acting within the scope of employment and in good faith
and without malice, shall be free from liability for acts performed
under any of its provisions or by reason of any act or omission in
the performance of official duties in connection therewith. Nothing
contained herein shall be deemed a waiver of the immunities and protection
afforded to the Town or officers and employees pursuant to State and
Federal law.
6.
104.2.1 is deleted.
7.
Section 107.1 is amended as follows:
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107.1 General. Add the following sentence after exception paragraph:
The application for the permit shall be accompanied by not less than
two (2) sets of construction documents drawn to scale, with sufficient
clarity and detail dimensions to show the nature and character of
the work to be performed, including general construction, special
inspections, construction observation programs, structural, mechanical
and electrical work and calculations. For construction costing in
excess of five hundred thousand dollars ($500,000.00), each sheet
of each set of plans, each set of specifications, calculations and
other data shall be legally sealed by a registered design professional
as required by the State of Missouri statutes. Where special conditions
exist, the building official is authorized to require additional documents,
information or calculations that are to be prepared by a registered
design professional licensed in the State of Missouri. Legally sealed
may include a wet seal with original signatures or other approved
methods.
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Buildings or structures exempt from these requirements are:
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a.
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One-family dwellings.
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b.
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Two-family dwellings.
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c.
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Commercial or industrial buildings not more than one thousand
two hundred (1,200) square feet and which provide for the employment,
sleeping, assembly, housing or feeding of less than ten (10) persons.
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d.
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Any structure containing less than twenty thousand (20,000)
cubic feet, except as provided in Subsection b or c above.
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e.
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A building or structure used exclusively for farm purposes.
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8.
Section 107.2 is amended as follows:
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107.2.5 Site plan. There shall also be filed a
site plan showing to scale the size and location of all the new construction
and all existing structures on the site, distances from lot lines,
the established street grades and the proposed finished grades; and
it shall be drawn in accordance with an accurate boundary line survey
and certifying as to date survey was made. In the case of demolition,
the site plan shall show all construction to be demolished and the
location and size of all existing structures and construction that
are to remain on the site or plot.
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Delete 107.2.5.1 in its entirety.
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107.2.5.2 Private sewage disposal system. The site
plan shall indicate the location of a private sewage disposal system
where a public sewer is not available. All technical data and soil
data required by the State of Missouri Regulation 19 CSR 20-3.060,
Minimum Construction Standards for On-Site Sewage Disposal Systems,
shall be submitted with the site plan.
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107.2.5.3 Location of utility easements to be shown on
building permit applications. All applications for building
permits shall clearly show the location of all utility easements and
all structures, lines or pipes used by the utility and located within
such utility easements. No building permit shall be issued with respect
to a structure to be located on, over, under or within a utility easement
unless and until such time as the Board of Public Works or the Town
Council:
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A.
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Shall determine that the structure as proposed contains adequate
protection to insure:
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1.
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Full ingress and egress to all portions of the easement insuring
full and safe maintenance, construction and reconstruction of all
utility structures located or which could be located within the easement;
and
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2.
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Full use of the easement for utility purposes without danger
to public property and to the health, safety and welfare of the citizens
of the Town.
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B.
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Shall receive adequate assurances in the form of a bond or a
waiver of claim and indemnity agreement on a form approved by the
Town counselor sufficient to protect the Town and its citizens from
loss.
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Provided, however, that in lieu of the requirements of Subsections A and B above, an applicant shall have the option of relocating any and all utility improvements and utility easements at the applicant's own expense and upon the written approval of the owner of the improvements and utility easements.
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9.
Section 108.4 is amended to read as follows:
108.4 Termination of approval. The building official
is hereby authorized to terminate such permit for a temporary structure
and to order the demolition of any such construction at the official's
discretion, or as directed by a decision of the Board of Adjustment.
10.
Section 109.1 is amended to read as follows:
109.1 General. A permit to begin work for new construction,
alteration, removal, demolition or other building operation shall
not be issued until the fees prescribed in this Section shall have
been paid to the Code Official or other authorized agency of the jurisdiction,
nor shall an amendment to a permit necessitating an additional fee
be approved until the additional fee shall have been paid.
11.
Section 109.2 is amended to read as follows:
109.2 Schedule of permit fees. A fee for each plan
examination, building permit and inspection shall be paid in accordance
with the schedule of fees adopted by the Town Council.
12.
Section 109.4 is amended to read as follows:
109.4 Work commencing before permit issuance. Where
work for which a permit is required by this code is started prior
to obtaining the permit, the fees specified above shall be doubled.
If any person, firm or corporation commits a second offense by starting
work without a permit, the person shall pay three (3) times the customary
fee in order to obtain the necessary permit. Any offense shall subject
the offender to prosecution under Section 114 of this code.
If any person, firm or corporation fails to obtain the necessary
permit(s) within five (5) days after being notified in writing to
do so by the building official, the person shall pay in addition to
the fee as provided above, the sum of five dollars ($5.00) for each
day in excess of the five (5) days that pass before the person obtains
the necessary permit. The payment of any or several of the above-stated
fees shall not relieve any person from fully complying with the requirements
of this code in the execution of the work nor from any penalties prescribed
herein.
13.
Section 109.5 is amended to read as follows:
109.5 Related fees. The payment of the fee for
the construction, alteration, removal, or demolition and for all work
done in connection with or concurrently with the work contemplated
by a building permit, shall not relieve the applicant or holder of
the permit from the payment of other fees that are prescribed by law
or ordinance for water taps, sewer connections, electrical permits,
erection of signs and display structures, marquees or other appurtenant
structures, or fees for inspections, certificates of use and occupancy
or other privileges or requirements, both within and without the jurisdiction
of the Code Officer.
14.
Section 109.6 is amended to read as follows:
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109.6 Refunds. The building official shall authorize
the refunding of fees as follows:
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1.
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The full amount of any fee paid hereunder which was erroneously
paid or collected.
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2.
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Not more than seventy-five percent (75%) of the permit fee paid
when no work has been done under a permit issued in accordance with
this code.
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The building official shall not authorize the refunding of any
fee paid, except upon written application filed by the original permittee
not later than one hundred eighty (180) days after the date of fee
payment permit expiration.
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15.
Section 111.3 is amended to read as follows:
111.3 Temporary Occupancy. A bond must be provided
to receive a temporary certificate of occupancy. The building official
will establish a bond amount based on the work remaining for completion
of the structure and the site. The building owner, contractor, or
design professional in responsible charge shall provide information,
including a completion date for all building and site work remaining
for completion. The building official has the authority to approve
or deny any request for a temporary certificate of occupancy. The
building official has the authority to set the final amount of the
bond, or the option to waive the bond upon receiving written request
and documentation for file from the building owner, contractor, or
design professional in responsible charge.
16.
SECTION 113 APPEALS.
a.
Original Sections 113.1 through 113.3 are deleted and new Sections
113.1 through 113.3 are added as follows:
113.1 General. The Town's Board of Adjustment
will hear and decide appeals of orders, decisions or determinations
by the building official relative to the application and interpretation
of this code. An application for appeal must be requested and filed
in writing by the applicant within ninety (90) days following the
date of the order, decision, or determination appealed. A fee of fifty
dollars ($50.00) must accompany the appeal.
113.1.1 Notice of meeting. The Board shall meet
upon notice of the chairman within ten (10) days of filing of an appeal
or at stated periodic meetings if warranted by the volume of work.
113.1.2 Public hearing. All hearings and meetings
of the Board shall be public. All hearings considering an appeal of
a ruling of the building official shall be on the record and be recorded
by audio recording or by a person qualified as a court reporter. At
the appeal hearing, the appellant, and appellant's representative,
the official of the jurisdiction and any other person whose interests
may be affected by the matter on appeal, shall be given an opportunity
to be heard. All testimony on matters on appeal shall be given under
oath.
113.1.3 Adjourned meeting. Either the appellant,
the building official or their representative may request a postponement
of the hearing.
113.1.4 Action of the Board. The Board shall affirm,
modify or reverse the decision of the building official by a concurring
vote of the majority of its members. Every action of the Board shall
be by motion or resolution, and the Board's decision shall be
evidenced by copies which shall be furnished to the appellant and
to the building official.
113.1.5 Exemption of members. A member of the Board
shall not vote on any question in which that member is engaged as
contractor, material dealer, or in the preparation of plans or specifications,
or in which the board member has any personal interest.
113.1.6 Determining vote. Failure to secure a majority
of the votes shall be deemed a confirmation of the decision of the
building official.
113.1.7 Enforcement of decision. The building official
shall take immediate action in accordance with the decision of the
Board.
113.2 Limitations on Authority. An application
for appeal shall be based on a claim that the true intent of this
code or the rules legally adopted thereunder have been incorrectly
interpreted, the provisions of this code do not fully apply or an
equally good or better form of construction is proposed. The Board
shall not have authority to waive requirements under this code.
113.3 Court review. Any person aggrieved by a decision
of the Board of Adjustment may appeal to the circuit court as provided
by Chapter 536 of the Revised Statutes of Missouri.
17.
Section 114.4 is amended to read as follows:
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114.4 Violation penalties.
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(1)
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Any person who shall violate a provision of this code or shall
fail to comply with any of the requirements thereof or who shall erect,
construct, alter, demolish or repair a building or structure in violation
of an approved plan or directive of the building official, or of a
permit or certificate issued under the provisions of this code shall
be guilty of an ordinance violation and be punished as set forth in
this adopting ordinance. Each day that a violation continues shall
be deemed a separate offense. The Town is not required to prove criminal
intent as a part of its case. It is enough to prove that the defendant
either did the act which was prohibited or failed to do an act which
the defendant was legally required to do.
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(2)
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Any person who demolishes a structure without first obtaining
a permit to demolish the structure shall be punished by a fine of
one dollar ($1.00) per gross above-ground square footage of the structure
in addition to the penalties described in Section 114.4(1). The Town
is not required to prove criminal intent as a part of its case. It
is enough to prove that the defendant either did the act which was
prohibited or failed to do an act which the defendant was legally
required to do.
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18.
Section 115.3 is amended to read as follows:
115.3 Unlawful continuance. Any person who shall
continue any work in or about the structure after having been served
with a stop-work order, except such work as that person is directed
to perform to remove a violation or unsafe conditions, shall be liable
to a fine of not less than one hundred dollars ($100.00) or more than
five hundred dollars ($500.00).
19.
Section 305.2 is amended to read as follows:
305.2.3 Ten (10) or fewer children in a dwelling unit. A facility such as the above within a dwelling unit and having ten
(10) or fewer unrelated children receiving such day care shall be
classified as a Group R-3 occupancy or shall comply with the International
Residential Code.
20.
Section 308.6 is amended to read as follows:
308.6.4 Ten (10) or fewer persons receiving care in a
dwelling unit. A facility such as the above within a dwelling
unit and having ten (10) or fewer unrelated persons receiving custodial
care shall be classified as a Group R-3 occupancy or shall comply
with the International Residential Code.
21.
Section 903.2 is amended to read as follows:
903.2.1.2 Group A-2: Item 2. The fire area has
an occupant load of two hundred (200) or more; or
22.
Section 1013.2 is amended to read as follows:
1013.2 Floor-level exit signs. Where required,
illuminated exit signs in A1, A2 over five thousand (5,000) square
feet or greater than two hundred (200) occupants, and R-1 use groups
shall be placed above exit doors and to the side of exit doors eighteen
(18) inches from the floor. The floor level exit signs shall be protected
by a guard to prevent physical damage. This amendment shall not be
retroactive in nature, and shall not apply to structures occupied
prior to September 1, 2017.
23.
Section 1301.1 is amended to read as follows:
1301.1.1 Criteria. Building shall be designed and
constructed in accordance with the 2015 International Energy Conservation
Code (IECC), as amended.
24.
Section 1604.1 is amended as follows:
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1604.1 General. Add the following to this paragraph:
The following standard structural design criteria are established:
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1.
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Roof Live Load, Minimum Unreduced = 20 psf.
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2.
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Snow Load (Ground Snow Load) Pg = 20 psf.
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3.
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Seismic Loading;
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a.
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Site class D, default site class per 1613.3.2.
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b.
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Mapped Spectral response accelerations.
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(1)
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Ss = 0.167 or per USGS data.
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(2)
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S1 = 0.093 or per USGS data.
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25.
Section 1803.2 is amended as follows:
1803.2 Investigations required. Add the following
sentence to the end of the first paragraph: A geotechnical investigation
is not required for one-story buildings two thousand five hundred
(2,500) square feet or less in risk categories 1 and 2.
26.
Section 1807.2 is amended as follows:
1807.2.2 Design lateral and soil loads. Add the
following sentence to the end of the paragraph: The geotechnical engineer
must state either way if a global analysis is required.
27.
Section 1809.5 is amended as follows:
1809.5 Frost protection. Add to 1. (Frost depth
is thirty (30) inches.)
28.
Section 3109.4 is amended as follows:
a.
In 3109.4 Residential swimming pools, delete exception.
b.
3109.4.1 Outdoor private swimming pool. An outdoor
private swimming pool, including an in-ground, aboveground or on-ground
pool, hot tub or spa shall be provided with a barrier which shall
comply with the following:
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1.
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The top of the barrier shall be at least seventy-two (72) inches
(1,836 mm) above finished ground level measured on the side of the
barrier which faces away from the swimming pool. The maximum vertical
clearance between finished ground level and the barrier shall be two
(2) inches (51 mm) measured on the side of the barrier which faces
away from the swimming pool. Where the top of the pool structure is
above finished ground level, such as an aboveground pool, the barrier
shall be at finished ground level, such as the pool structure, or
shall be mounted on top of the pool structure. Where the barrier is
mounted on the pool structure, the opening between the top surface
of the pool structure, the opening between the top surface of the
pool frame and the bottom to the barrier shall not allow passage of
a four-inch (102 mm) diameter sphere.
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Exception: For use groups R-3 and R-4 the top of
the barrier shall be at least forty-eight (48) inches (1,219 mm) above
finished ground level measured on the side of the barrier which faces
away from the swimming pool, provided the swimming pool is equipped
with a safety cover which complies with ASTMF 1346.91 (2003).
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29.
Section 3201.3 is amended as follows:
3201.3 Other laws. Add the following additional
sentence to this paragraph: All encroachments by balconies into the
public rights-of-way shall conform to the requirements of this Chapter
and the requirements of any other applicable ordinances.
30.
Delete 3202.2.1 Steps.
31.
Delete 3202.3.3 Encroachments fifteen (15) feet or more above
grade.
32.
Section 3303.4 is amended to read as follows:
3303.4 Vacant lot. Where a structure has been demolished
or removed, the vacant lot shall be filled, leveled and graded to
provide proper drainage with no ponding of water. The lot shall be
left in a natural buildable condition without hazards and mowable.
There shall be sufficient vegetative cover to prevent erosion. The
complete structure shall be removed, and all accessory structures
are to be removed at the time of demolition of the primary structure.
Paved auto driveways, parking areas, and on-grade building slabs may
remain, provided they are in acceptable condition.
33.
Section 3303.6 is amended to read as follows:
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3303.6 Utility connections. Before a structure
can be demolished or removed, the owner or agent shall notify all
utilities having service connections within the structure such as
water, electric, gas, sewer, and other connections. A permit to demolish
or remove shall not be issued until:
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(1)
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A release is obtained from the utilities, stating that their
respective service connections and appurtenant equipment, such as
meters and regulators, have been removed or sealed and plugged in
a safe manner; and
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(2)
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A bond or other security deposited with the Town in the amount
of two thousand dollars ($2,000.00), guaranteeing that the building
and debris are removed from the lot within ninety (90) days, the lot
graded to comply with Section 3304 and required inspections are completed;
and
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(3)
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During demolition, sewer laterals connecting the building to
the Town sewer system are to be cut and capped in an approved manner
at or near the property line. The cap must be inspected prior to backfill
of the excavation.
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[Ord. No. 2017-1243 § 3, 8-21-2017]
A.
The punishment of a violation of this Article shall be as follows:
1.
The maximum fine combined with the amount of court costs that
can be imposed for the violation of any ordinance violation shall
be two hundred dollars ($200.00) for the first violation, two hundred
seventy-five dollars ($275.00) for the second violation, three hundred
fifty dollars ($350.00) for the third violation, and four hundred
fifty dollars ($450.00) for the fourth and any subsequent municipal
ordinance violation.
3.
A person convicted of an ordinance violation shall not be placed
in confinement for failure to pay a fine unless such non-payment violates
the terms of the person's probation or unless the due process
procedures mandated by Missouri Supreme Court Rule 37.65 or its successor
rule are strictly followed by the court.
4.
Court costs that apply shall be assessed against such person
unless the court finds that the defendant is indigent based on standards
set forth in determining such by the presiding judge of the circuit.
Such standards shall reflect model rules and requirements to be developed
by the Missouri Supreme Court.
[Ord. No. 2017-1243 § 4, 8-21-2017]
The portions of this Article shall be severable. In the event
that any portion of this Article is found by a court of competent
jurisdiction to be invalid, the remaining portions of this Article
are valid, unless the court finds the valid portions of this Article
are so essential and inseparably connected with and dependent upon
the void portion that it cannot be presumed that the Town Council
would have enacted the valid portions without the invalid one, or
unless the court finds that the valid portions standing alone are
incomplete and are incapable of being executed in accordance with
the legislative intent.
