City of Higginsville, MO Article XIII Existing Building Code

Section 510.480 Adoption Of International Existing Building Code.

[Ord. No. 2726, 5-7-2018; Ord. No. 2950, 8-15-2022]

A certain document, one (1) copy of which is on file in the office of the City Clerk of the City of Higginsville, being marked and designated as the International Existing Building Code, 2021 Edition, including Appendix Chapter C1, as published by the International Code Council, Inc., be and is hereby adopted as the Existing Building Code of the City of Higginsville in the State of Missouri; for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said International Existing Building Code, 2021 Edition, are hereby referred to, adopted and made a part hereof as if fully set out in this Article, with the additions, insertions, deletions and changes, if any, prescribed in Section 510.500 of this Article.

Section 510.490 Inconsistent Ordinances Repealed.

[Ord. No. 2726, 5-7-2018; Ord. No. 2950, 8-15-2022]

Any and all ordinances or parts of ordinances of the City of Higginsville in conflict with this Article are hereby repealed.

Section 510.500 Additions, Insertions And Changes.

[Ord. No. 2726, 5-7-2018; Ord. No. 2950, 8-15-2022]

A. The International Existing Building Code, adopted by Section 500.480, is hereby amended by substituting the following Sections or portions of Sections for those Sections or portions of Sections with corresponding numbers of the International Existing Building Code, 2021 Edition, 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. Insert: "The City of Higginsville."

2. Delete Section 103 in its entirety. Refer to Section 103 of the International Building Code, 2021 Edition.

3. Delete Section 105.1.1 in its entirety.

4. Delete Section 105.1.2 in its entirety.

5. Section 105.2. Work Exempt From Permit.

A)	Electrical: Repairs and maintenance: Delete the statement entirely. Replace with the following statement: Any normal repair, or replacement, that does not alter its approval, add to the system, or make it unsafe.
B)	Mechanical: Item 5. Delete in its entirety. Replace with the following statement. Any normal repair, or replacement of parts, that does not alter its approval, add to the system, or make it unsafe.

6. Delete Section 110.3 in its entirety, and add new Section 110.3 as follows:

Section 110.3 Temporary Occupancy. Upon the request of the holder of a permit, the Code Official shall issue a temporary certificate of use and occupancy for a building or structure, or part thereof, before the entire work covered by the permit shall have been completed, provided that the holder of the permit has requested and received prior approval from the Utility Department of the City of Higginsville and the Building Official on a form provided by the City to the permit holder, and the Building Official determines that all such portion or portions can be occupied safely prior to full completion of the building, structure or project without endangering life or public welfare. Such temporary certificate of use and occupancy shall be issued with a stated expiration date. The holder shall provide the City with a Pledge Agreement in an amount sufficient to complete the work. If the work is not completed by the stated expiration date, the Pledge Agreement will be exercised and work completed. Renewals of temporary certificate of use and occupancy shall not be allowed. The fee for issuance of a temporary certificate of use and occupancy shall be fifty percent (50%) of the original building permit fee, which shall be refunded if the work is completed prior to expiration of temporary certificate of use and occupancy.

7. Delete Section 112 in its entirety. Refer to Appendix B of the International Building Code, 2021 Edition.

8. Delete Section 113.4 in its entirety, and add new Section 113.4 as follows:

Section 113.4: Violation Penalties. Persons who shall be found guilty of violating a provision of this code or failing to comply with any of the requirements thereof or who erect, install, alter or repair any structure in violation of the approved construction documents or directive of the Code Official, or of a permit or certificate issued under the provisions of this code, shall be punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment not exceeding ninety (90) days, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

9. Delete Section 114.4 in its entirety, and add new Section 114.4 as follows:

Section 114.4: Unlawful Continuance. Any person who shall continue any work 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 condition, shall be liable to a fine of not less than fifty dollars ($50.00), nor more than five hundred dollars ($500.00), or by imprisonment not exceeding ninety (90) days, or by both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

10. Section 1401.2. Insert: "January 1, 1954."

11. Amend Section 115, Unsafe Structures and Equipment, to read as follows: Unsafe conditions. Unsafe structures are to be addressed according to Higginsville City Code Chapter 505. Existing equipment that is or hereafter becomes unsafe, insanitary, or deficient or constitutes a fire hazard, or is otherwise dangerous to human life or the public welfare, or that involves inadequate maintenance, shall be deemed an unsafe condition. A vacant structure that is not secured from unauthorized entry shall be deemed unsafe.

Section 115.4 Method Of Service. Amend 2.) to read: A copy is sent by first class or certified mail, return receipt requested to the last known address of the property owner or the property owner's agent.