[Ord. No. 3085, 4-21-2014]
The International Building Code, 2012 Edition, including Appendix Chapter A through Chapter J as published by the International Code Council, be and is hereby adopted as the Building Code of the City of Malden, Missouri.
Regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use and the demolition of such structures as herein provided; providing for the issuance of permits and collection of fees.
One (1) copy of the Building Code is on file in the office of the City Clerk. Each and all of the regulations, provisions, penalties, conditions and terms of said Building Code on file in the office of the City Clerk of the City of Malden are hereby referred to, adopted, and made a part hereof, as if fully set out in this Section, with the additions, insertions, deletions and changes, if any, prescribed in Subsection (D) of this Section.
That if any section, subsection, sentence, clause or phrase of this Section is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Section. The City Council hereby declares that it would have passed this Section, and each section, subsection, clause and phrases thereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.
That nothing in this Section or in the Building Code hereby adopted shall be construed to affect any suit or proceeding impending on any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Subsection (B) of this Section; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this Section.
Violations And Penalties.
For any violation of the Code adopted hereby, the violator, upon conviction, shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment in the City or County Jail not exceeding three (3) months, or by both such fine and imprisonment. Every day any violation shall continue shall constitute a separate offense.
Whenever any act is prohibited by the code adopted hereby, by an amendment thereof, or by any rule or regulation adopted thereunder, such prohibition shall extend to and include the causing, securing, aiding, or abetting of another person to do said act. Whenever any act is prohibited by the Code adopted hereby, an attempt to do the act is likewise prohibited.
[R.O. 1993 § 500.020; CC 1969 § 5-5]
- CORPORATION COUNSEL
- As used in the Building Code, it shall be construed to mean the City Attorney.
- As used in the Building Code, it shall be construed to mean this City.
[R.O. 1993 § 500.030; CC 1969 § 5-6]
Until such time as the provisions of Section 107 of the Building Code, relating to appeals, may be implemented by the Mayor and City Council and a Board of Appeal has been duly constituted and is functioning, the City Council or any committee designated by the City Council to act as a Board of Appeal shall have the powers and perform the duties of the Board of Appeal as provided in Section 107 of the Building Code.
[R.O. 1993 § 500.035; Ord. No. 2587, 7-24-1995]
The Board of Adjustment is hereby granted the power to authorize a variance from the "BOCA Basic Building Code — 1993" if the following criteria is met:
[R.O. 1993 § 500.040; CC 1969 § 5-7]
The Building Official shall prepare, and may from time to time amend, a schedule of fees to be charged for permits, inspections and certificates required by the Building Code. When such schedule and amendments thereto have been approved by the Mayor and adopted by resolution of the City Council, entered of record in the journal of the Council, no building permit shall be issued until the fee prescribed therefor in such schedule has been paid. A copy of such approved and adopted schedule, with amendments thereto, if any, shall be maintained on file in the office of the Building Official.
No permit required by the Building Code shall be issued until the fee prescribed therefor has been paid; nor shall an amendment to a permit be approved until the additional fee, if any, due to an increase in the estimated cost of the building or structure has been paid.
[R.O. 1993 § 500.050; Ord. No. 1945 § 12, 5-18-1964; CC 1969 § 5-8]
Permit for the construction or repair of any building shall be granted only on evidence that the applicant has complied with all applicable provisions of the Building Code.
[R.O. 1993 § 500.060; Ord. No. 1799 § 101, 3-30-1954; Ord. No. 1934 § 1, 6-24-1963; CC 1969 § 5-1]
The following described areas shall constitute the Fire Limits of the City:
Beginning at the southeast corner of North Marion Street and West Howard Street; thence south along the east side of Marion Street to the north side of West Laclede Street; thence east to east side of the alley between South Beckwith Street and South Marion Street; thence south along the east side of said alley to the north right of way line of the St. Louis and Southwestern R.R.; thence east across the railroad to the north side of Cypress Street to the alley between South Decatur Street and South Madison Street; thence north along said alley between South Decatur Street and South Madison Street; thence north along said alley to the south right-of-way line of the St. Louis and Southwestern R.R.; thence northeasterly along said right of way to the west line of Line Street (extended); thence north along the west line of Line Street to the south line of Howard Street; thence west along the south line of Howard Street to the point of beginning.
Beginning at the southerly termination of Harper Driver at Rickenbacker Avenue and following the westerly and northerly side of said Harper Driver to the easterly end of a row of warehouses, namely at building numbered 980, which was originally designated as the "cold storage" building; thence north to a railroad track; thence west to Wright Street; thence north to an apron or parking ramp and following said ramp or apron strip westerly and southerly to the end of Rickenbacker Avenue; thence to the point of beginning; this area being commonly known as the Malden Airbase or Malden Industrial Park.
Cross Reference: As to burning provisions within fire zone, see § 205.190 of this Code.
[R.O. 1993 § 500.070; CC 1969 § 5-2]
The Building Official shall receive applications for permits required by the Building Code, and issue such permits and furnish the prescribed certificates. He/she shall examine premises for which permits have been issued and shall make necessary inspections to see that the provisions of law are complied with and that construction is prosecuted safely. He/she shall enforce all provisions of the Building Code. He/she shall, when requested by proper authority, or when the public interest so requires, make investigations in connection with matters referred to in the Building Code and render written reports thereon. To enforce compliance with law, to remove illegal or unsafe conditions, to secure the necessary safeguards during construction, or to require adequate exit facilities in buildings and structures, he/she shall issue such notices or orders as may be necessary.
Inspections required under the provisions of the Building Code shall be made by the Building Official or his/her duly appointed assistant. The Building Official may accept reports of inspectors of recognized inspection services, after investigation of their qualifications and reliability. No certificate called for by any provision of the Building Code shall be issued on such reports unless they are in writing and certified to by a responsible officer of such service.
The Building Official shall keep comprehensive records of applications, of permits issued, of certificates issued, of inspections made, of reports rendered and of notices or orders issued. He/she shall retain on file copies of required plans and all documents relating to building work so long as any part of the building or structure to which they relate may be in existence.
All such records shall be open to public inspection for good and sufficient reasons during regular office hours, but shall not be removed from the office of the Building Official without his/her written consent.
The Building Official shall make written reports to his/her immediate superior once each month, or oftener if requested, including statements of permits and certificates issued, and orders promulgated.
Cross References: As to provisions relating to Building Official generally, see §§ 115.450 – 115.500 of this Code; as to authority of Building Official to enter and inspect private premises, see § 115.480; as to when Building Official acts as administrative authority to administer and enforce chapter on plumbing, see § 520.050.
[R.O. 1993 § 500.080; CC 1969 § 5-3]
The Building Official or any employee charged with enforcement of the Building Code, when acting in good faith and without malice for the City in the discharge of his/her duties, shall not thereby render himself/herself liable personally and he/she is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or by reason of any act or omission in the discharge of his/her duties. Any suit brought against the Building Official or employee, because of such act or omission performed by him/her in the enforcement of any provisions of the Building Code, shall be defended by the City until final termination of the proceedings.
All construction in the City shall comply with the requirements of Sections 319.200 through 319.207, RSMo., and any amendments thereto, relating to earthquakes and seismic construction requirements.
[R.O. 1993 § 500.100; CC 1969 § 14-21.1; Ord. No. 2163 §§ 1 – 2, 5-22-1978; Ord. No. 2452 § 1, 6-12-1989; Ord. No. 3127, 7-8-2016; Ord. No. 3176, 6-18-2018]
Required. No person, firm, or corporation shall occupy or permit the occupancy of any building, residence, unit, part thereof, or addition thereto, for any and no building, residence, unit, part thereof, or addition thereto shall be eligible for municipal utility connection in the absence of an unexpired certificate of occupancy.
Application And Issuance.
[Ord. No. 3201, 6-17-2019]
No certificate of occupancy shall issue absent a visual inspection to ensure the occupancy complies with all the provisions of the Malden City Code and verification that the building or structure is not subject to delinquent ad valorem taxes or assessments. The Building Official may designate an officer, employee or department of the City of Malden to conduct such inspection.
Failure Of A Property To Comply With Code. Failure of a property to comply with the Malden City Code at the time of inspection shall result in a denial of a certificate of occupancy. The Building Official shall notify the landlord or owner of the failure and the reasons therefore in writing. The landlord or owner may request a subsequent inspection upon remediation of the violation; however, no certificate shall issue until a subsequent inspection finds no violations exist.
[Ord. No. 3201, 6-17-2019]
Renewal Of Certificate. An expired certificate of occupancy may be renewed upon application by the landlord or owner of property. Upon expiration of a certificate of occupancy without renewal, the Building Official shall ensure that the property is unoccupied.
[Ord. No. 3201, 6-17-2019]
Fees And Costs. No fee shall be charged for an initial inspection; however, the applicant shall be responsible for the cost of any testing reasonably deemed necessary by the Building Official to ensure compliance with the provisions of this Code, including, but not limited to, mold, carbon monoxide, and/or radon. Subsequent inspections shall incur a fee of fifty dollars ($50.00) per inspection in addition to testing costs.
[Ord. No. 3201, 6-17-2019]
Reinspection. The Building Official may cause the reinspection of any building or structure upon a reasonable belief the building or structure no longer complies with the provisions of this Code. No fee shall be charged for this inspection; however, the owner shall be responsible for the cost of any testing reasonably deemed necessary to ensure compliance with the provisions of this Code. The failure of a building, residence, unit, part thereof, or addition thereto to comply with this Code upon reinspection shall result in revocation of the certificate of occupancy and subject the building, residence, unit, part thereof, or addition thereto to disconnection of municipal utility service.
[Ord. No. 3201, 6-17-2019]
Violation. Violations of this Chapter shall be treated as follows:
Any person who knowingly makes any false statement in his/her application for an occupancy permit as to the names, ages, relationship, or number of occupants who will occupy the premises shall be guilty of an ordinance violation.
Any person or corporation who:
Permits the occupancy of any building, residence, unit, part thereof, or addition thereto, for any purpose without a valid certificate of occupancy;
Allows a building, residence, unit, part thereof, or addition thereto to be occupied following expiration of a certificate of occupancy; or
Knowingly occupies an owner-occupied residential property without a valid certificate of occupancy shall be guilty of a separate ordinance violation for each day the violation continues.
[R.O. 1993 § 500.110; Ord. No. 2700, 11-8-1999; Ord. No. 2808, 11-10-2003]
[Ord. No. 3186, 10-15-2018; Ord. No. 3214, 3-16-2020]
There shall be displayed upon all buildings bearing an assigned street address number the street address number and letter, if applicable, assigned to that building.
Each number shall be displayed in Arabic numerals in contrast to its background and each character shall be no less than three (3) inches high with a stroke width of no less than one-half (1/2) inch.
Each character displayed shall be plainly legible and visible from the street or road fronting the property.