[Ord. No. 3085, 4-21-2014]
A.
The International Building Code, 2021 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.
[Ord. No. 3234, 4-19-2021]
B.
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.
C.
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.
E.
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.
F.
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or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Subsection (B) of this Section; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this Section.
G.
Violations And Penalties.
1.
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.
2.
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.
[Ord. No. 3248, 11-15-2021]
A.
The
International Residential Code, 2021 Edition, including all applicable
indices, be and is hereby adopted as the Residential Code of the City
of Malden, Missouri.
B.
All
citations in the Malden City Code to earlier editions of the International
Residential Code are hereby amended to refer to the International
Residential Code, 2021 Edition, as published by the International
Code Council.
C.
The
Code adopted herein is fully adopted and incorporated by reference
as if fully set forth in the Malden City Code and shall be on file
(whether in printed or electronic format) in the Office of the City
Clerk of the City of Malden.
[R.O. 1993 § 500.020; CC 1969 § 5-5]
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; Ord. No. 3234, 4-19-2021]
[R.O. 1993 § 500.040; CC 1969 § 5-7]
A.
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.
B.
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]
A.
The following described areas shall constitute the Fire Limits of
the City:
1.
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.
2.
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.
[1]
Cross Reference: As to burning provisions within fire zone,
see § 205.190 of this Code.
[R.O. 1993 § 500.070; CC 1969 § 5-2]
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
[1]
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]
A.
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.
B.
Application And Issuance.
[Ord. No. 3201, 6-17-2019]
2.
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.
C.
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]
G.
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]
H.
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]
I.
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]
J.
Violation. Violations of this Chapter shall be treated as follows:
1.
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.
2.
Any person or corporation who:
a.
Permits the occupancy of any building, residence, unit, part
thereof, or addition thereto, for any purpose without a valid certificate
of occupancy;
b.
Allows a building, residence, unit, part thereof, or addition
thereto to be occupied following expiration of a certificate of occupancy;
or
c.
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. 3270, 1-23-2023]
|
City of Malden Building Permit Fee Schedule
| |||
|---|---|---|---|
|
New Commercial Construction: (includes: plumbing,
electrical, structural)
|
Fee: $0.0060 per cubic foot (square feet x height = cubic feet)
Maximum: $200.00
| ||
|
New Residential Construction: (includes: plumbing,
electrical, structural)
|
Fee: $0.08 per square feet
Maximum: $50.00
| ||
|
New Industrial Construction: (includes: plumbing,
electrical, structural)
|
Fee: $0.0060 per cubic foot (square feet x height = cubic feet)
Maximum: $400.00
| ||
|
Structural Permit
| |||
|
Value: 0 – $200.00
|
Fee: $25.00
| ||
|
Value: Over $200.00
|
Add $2.00 per $1,000.00
| ||
|
Electrical Permit
| |||
|
Value: 0 – $1,000.00
|
Fee: $25.00
| ||
|
Value: Over $1,000.00
|
Add $2.00 per $1,000.00
| ||
|
Plumbing Permit
| |||
|
Value: 0 – $1,000.00
|
Fee: $25.00
| ||
|
Value: Over $1,000.00
|
Add $2.00 per $1,000.00
| ||
|
Roofing Permit
| |||
|
Value: 0 – $1,000.00
|
Fee: $25.00
| ||
|
Value: Over $1,000.00
|
Add $2.00 per $1,000.00
| ||
|
Fencing Permit
| |||
|
Value: 0 – $1,000.00
|
Fee: $25.00
| ||
|
Value: Over $1,000.00
|
Add $2.00 per $1,000.00
| ||
|
Accessory Buildings
(Accessory permits to include electrical service for lighting
only)
| |||
|
Garage
|
Fee: $25.00
| ||
|
Carport
|
Fee: $25.00
| ||
|
Storage Building
|
Fee: $25.00
| ||
|
Gas line inspection
|
Fee: $25.00
| ||
|
Demolition
|
Fee: $25.00
| ||
|
Notwithstanding the schedule set forth above, between November 1 and December 31 of any calendar year, any landowner, or agent thereof, may elect to purchase an annual building permit authorizing any activity requiring permitting under Section 400.280 of this Code, other than that classified as "new construction," during the following calendar year for the address, tract or parcel for which it is issued. Any such permit shall identify the address, tract or parcel for which it is issued and shall not be transferable to any other address, tract or parcel. For any such permit, the following fee schedule shall apply:
|
|
1. Residential: $25.00
|
|
2. Commercial: $100.00
|
|
3. Industrial: $200.00
|
[Ord. No. 3274, 4-17-2023]
A.
Notwithstanding
any other provision of law, any permit for reconstruction, renovation,
remodel, rehabilitation or demolition shall be issued upon application
and without fee to the owner or occupant of any building or structure
in any area of the City declared by the Mayor or City Council to have
sustained an emergency event for a period of thirty (30) days following
such declaration.
B.
For
purposes of this Section, the term "emergency event" shall mean the
occurrence of a natural or manmade disaster, including fire, wind,
water or seismic activity, within this City which causes substantial
damages to three (3) or more buildings and/or structures and is not
attributable to the fault or negligence of the owner or occupant thereof.
C.
Any
declaration of an emergency event shall specify the area(s) of the
City affected by such emergency.
[Ord. No. 3257, 5-16-2022]
Notwithstanding any other provision of law, any permit listed
above, including but not limited to building and occupancy permits,
shall be issued upon application and without fee to any political
subdivision or other municipal corporation for the construction, remodeling
or occupancy of any structure within the limits of the City of Malden
owned or occupied by the political subdivision or municipal corporation.
[Ord. No. 3186, 10-15-2018; Ord. No. 3214, 3-16-2020]
A.
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.
B.
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.
C.
Each character displayed shall be plainly legible and visible from
the street or road fronting the property.
