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[CC 1999 §§7-16 — 7-17; Ord. No. 2007-57 §§1 — 2, 6-25-2007Ord. No. 2017-35 §§ 1 – 2, 4-24-2017]
A. 
The Council adopts the 2015 Edition of the International Building Code, including Appendices C, E, F, G, H, I and J (as amended), one (1) copy of which has been on file with the City Clerk for a period of ninety (90) days prior to the adoption of this Section, 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 City Clerk and shall be kept available for public use, inspection, and examination.
B. 
The code adopted by this Section hereby amends by substitution 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:
101.1 Title. These regulations shall be known as the Building Code of the City of Chillicothe, Missouri, hereinafter referred to as “this code.”
101.2 Scope. Add the following exception: Where the adopted building code references means and methods of construction, that part shall be stricken.
101.2.2: Appendices C, E, F, G, H, I and J are hereby adopted as published.
103.0 CODES DEPARTMENT
Section 103 is deleted in its entirety and replaced with a new Section 103 as follows:
103 — Enforcement.
103.1 Creation of Enforcement Agency. The term “Department of Building Safety” shall mean the City of Chillicothe Zoning and Codes Department. The term “Code Official” shall mean the duly appointed Zoning Administrator for the City of Chillicothe, Missouri.
103.2 Deputies. In accordance with the prescribed procedures of this jurisdiction the City Council shall have the authority to appoint Deputy Code Officials, other related technical officers, inspectors and other employees.
103.3 Restriction of employees. An employee connected with the Zoning and 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 therefore, unless such employee is an 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.
104.7 Department records. The City Clerk or as otherwise provided by ordinance, will keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records.
104.8 Liability. Any officer or employee charged with the enforcement of this code, while acting on behalf of the City, shall not thereby render such individual personally liable, 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 City or officers and employees pursuant to State and Federal law.
107.1 General. Add the following sentence after exception paragraph: The application for the permit shall be accompanied by not less than three (3) sets of construction documents, and if practical an electronic copy, 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.
Buildings or structures exempt from these requirements are:
a.
One-family dwellings.
b.
Two-family dwellings.
c.
Commercial or industrial buildings not more than twelve hundred (1,200) square feet and which provide for the employment, sleeping, assembly, housing or feeding of less than ten (10) persons.
d.
Any structure containing less than twenty thousand (20,000) cubic feet, except as provided in b. or c. above.
e.
A building or structure used exclusively for farm purposes.
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.
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.
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 City Council.
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.
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.
109.6 Refunds. The Building Official shall authorize the refunding of fees as follows:
1.
The full amount of any fee paid hereunder which was erroneously paid or collected.
2.
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.
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.
SECTION 113 APPEALS
Section 113 Board of Appeals is repealed in its entirety and replaced with a new Section 113 as follows:
113.1 Appeal. Any affected person shall be afforded an appeal from the decision of the Code Official by the procedure set forth in Section 215.060 of the Code of City Ordinances.
114.4 Violation penalties.
(1)
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 a misdemeanor, punishable by fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), or by imprisonment not exceeding six (6) months, or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate offense.
(2)
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 City 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.
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) nor more than five hundred dollars ($500.00).
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.
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.
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 prior to November 1, 2016.
1301.1.1 Criteria. Building shall be designed and constructed in accordance with the 2015 International Energy Conservation Code (IECC), as amended.
1604.1 General. Add the following to this paragraph: The following standard structural design criteria are established:
1.
Roof Live Load, Minimum Unreduced = 20 psf.
2.
Snow Load (Ground Snow Load) Pg = 20 psf.
3.
Seismic Loading;
a.
Site class D, default site class per 1613.3.2.
b.
Mapped Spectral response accelerations.
(1)
Ss = 0.167 or per USGS data
(2)
S1 = 0.093 or per USGS data
1803.2 Investigations required. Add the following sentence to the end of the first paragraph: A geotechnical investigation is not required for one (1) story buildings twenty-five hundred (2,500) square feet or less in risk categories 1 and 2.
1809.5 Frost protection. Add to 1. (Frost depth is thirty (30) inches.)
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.
3202.3.3 Encroachments fifteen (15) feet or more above grade. Delete.
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. Paved auto driveways, parking areas, and on grade building slabs may remain provided they are in acceptable condition.
3303.6 Utility connections. During demolition, sewer laterals connecting the building to the City 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.
[CC 1999 §7-21; Ord. No. 98-14911-19-1998Ord. No. 2011-68 §§1(A),2(A), 7-25-2011Ord. No. 2017-51 §§ 1 – 2, 5-30-2017]
A. 
The Council adopts the 2015 Edition of the International Property Maintenance Code, including Appendix A, by reference as if fully set forth in its entirety, one (1) copy of which has been on file with the City Clerk for a period of ninety (90) days prior to the adoption of this Section. At least one (1) copy of the 2015 Edition of the International Property Maintenance Code shall remain on file in the office of the City Clerk and shall be kept available for public use, inspection, and examination.
B. 
The code adopted by this Section is hereby amended by substitution 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:
101.1 Title. These regulations shall be known as the Property Maintenance Code of the City of Chillicothe, Missouri, hereinafter referred to as “this code.”
101.5 Appendix A is hereby adopted as published.
102.3 Other codes. References to the International Zoning Code are deleted from this code.
102.7 Referenced standards. The standards referenced in this code, listed in Chapter 8 and Appendix A shall be considered part of the requirements of this code to the prescribed extent of each such reference. (Other codes shall not apply except individual regulations of such other codes that are specifically incorporated by reference into this code). Where differences occur between provisions of this code and referenced standards, the provisions of this code shall apply.
Section 103 CODES DEPARTMENT
103.1 General. The zoning and codes enforcement officer duly appointed by the City Council shall be in charge of administering this code and shall be called (for purposes of this code) the Code Official.
103.2 Deputies. In accordance with the prescribed procedures of this jurisdiction the City Council shall have the authority to appoint Deputy Code Officials, other related technical officers, inspectors and other employees.
103.3 Liability. The Code Official, officer or employee charged with the enforcement of this code, while acting for the jurisdiction, shall not thereby be rendered personally liable, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act required or permitted 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 the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The Code Official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code; and any officer of the department of property maintenance inspection, acting 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.
103.4 Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be set by the City Council by separate ordinance.
103.4 Restriction of employees. An employee connected with, the enforcement of this code 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 construction documents thereof, unless that person is an owner of the building; nor shall such employee engage in any work that conflicts with official duties or with interests of the department.
104.3.1 Search warrant.
(a)
If a complaint in writing is filed by the Code Official with the judge of the municipal division of the Livingston County Circuit Court stating that there is probable cause to believe that a certain structure or premises, more particularly described therein, is or may be in violation of this code and is within the territorial jurisdiction of the City, and if such complaint is verified by oath or affirmation stating evidentiary facts from which such judge determines the existence of probable cause, then such judge shall issue a search warrant directed to the Code Official commanding the Code Official to search the structure or premises therein described. Such search warrant may be executed and returned within ten (10) days after the date of its issuance. The Code Official shall make a return promptly after concluding the search, and such return shall contain an itemization of all violations of this code discovered pursuant to such search. The refusal to admit the Code Official to a structure or premises when the Code Official is in lawful possession of a search warrant commanding the Code Official to enter therein is hereby declared to be a violation of this code.
106.2 Notice of Violation, is amended by adding after the words “Code Official” the words “or City police.”
106.4 Penalty for noncompliance or delay.
Any violation of this code is punishable by a fine, combined with court costs, for violations committed within a twelve-month period beginning with the first violation: two hundred dollars ($200.00) for the first violation, two hundred seventy-five ($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 violations.
Every day that a violation continues after the expiration of the reasonable period of time for the completion of the work specified by the code officer shall be deemed a separate offense; and provided that every day that a violation continues in violation of an order under Sections 107.7 or 107.10 shall be deemed a separate offense. The City 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.
Section 107 DEMOLITION OR REPAIR OF STRUCTURES CONSTITUTING A PUBLIC NUISANCE
107.1 Structures constituting a public nuisance. All structures which have any of the following defects are public nuisances:
(1)
Those structures whose interior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base.
(2)
Those structures which, exclusive of the foundation, show thirty-three percent (33%) or more of damage or deterioration of the supporting member or members, or fifty percent (50%) of damage or deterioration of the nonsupporting enclosing or outside walls or covering.
(3)
Those structures which have improperly distributed loads upon the floors or roofs or in which the same are overloaded, or which have insufficient strength to be reasonably safe for the purpose used.
(4)
Those structures which have been damaged by fire, wind or other causes so as to be dangerous to life, safety, health or welfare of the occupants or the residents of the City.
(5)
Those structures which are so dilapidated or decayed that they are a danger to the life, safety, health or welfare of the occupants or the residents of the City.
(6)
Those structures having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes or other means of communication.
(7)
Those structures which have parts which are so attached that they may fall and injure members of the public or property.
(8)
Those structures which exist in violation of any provision of the Building Codes of Chillicothe, Missouri, or other ordinances of this City and which are a danger to the life, safety, health or welfare of the occupants or residents of the City.
(9)
Those structures which, if occupied, would constitute a hazard to the safety, health, or welfare of the occupants because they lack maintenance, are in disrepair, are unsanitary, vermin infested or rodent infested, lack sanitary facilities or equipment or otherwise fail to comply with the minimum provisions of this code.
(10)
Those structures which have unsafe equipment including any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in disrepair or conditions that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure.
107.2 Notice of violation.
(a)
Whenever the Code Official determines a structure to be a public nuisance, a notice shall be given to the owner, occupant, mortgagee, agent and all other persons having an interest in the structure or premises as shown by the land records of the County Recorder of Deeds and if the property is not owner occupied, to any occupant of the property, who shall be parties to the action. Such notice shall be in writing and shall:
(1)
Include a description of the property sufficient for identification;
(2)
Specify the violations of this code constituting a public nuisance;
(3)
Specify if the property or any part of it is to be totally or partially vacated and, if so, the date;
(4)
Specify if the property is to be repaired, reconditioned, remodeled, demolished, placed in a sanitary condition, or made to conform to the occupancy requirement of this code;
(5)
State a time for the commencement of such work and a reasonable period of time for the completion of such work.
(b)
The notice of violation shall be served either by personal service, by certified mail return receipt requested, or by first class mail to both the occupant of the property at the property address and the owner at the last known address of the owner, if not the same. If service cannot be obtained by any of these methods of service, then service may be had by publication in a newspaper of general circulation in the City and posting on the property. Notice to the owner shall to the last known address of the owner.
(c)
The notice shall comply in all respects with applicable State law. Unless a condition presents an immediate, specifically identified risk to the public health or safety, the notice shall provide a reasonable time, not less than ten (10) days, in which to abate or commence removal of each condition identified in the notice.
107.3 Standards. The following standards should be followed by the Code Official and the Deputy Code Official in ordering repair, reconditioning, remodeling, total or partial vacation, demolition, or cleaning of structures constituting a public nuisance.
(1)
If the structure can be reasonably repaired, reconditioned or remodeled so that it will no longer exist in violation of this code, it shall be ordered repaired, reconditioned or remodeled.
(2)
If the structure is in such a condition as to make it dangerous to the health, safety or general welfare of its occupants or any other person, it shall be ordered repaired, reconditioned, remodeled or demolished.
(3)
In any case where the structure is fifty percent (50%) damaged, decayed or deteriorated from its original value or structure, it shall be vacated, repaired, reconditioned or remodeled and in all cases where the structure is not or cannot be repaired, reconditioned or remodeled so that it will no longer exist in violation of the requirements of this code, it shall be demolished.
(4)
If the structure is a hazard to the safety, health or welfare of its occupants or of any person because it lacks sanitary facilities and equipment or is otherwise unsanitary because of an accumulation of garbage or trash or because of infestation, it shall either be placed in a clean and sanitary condition or demolished.
(5)
Any structure determined to be unfit for human occupancy shall be totally or partially vacated within a reasonable period of time to be determined by the Code Official or Deputy Code Official. No structure or its affected part, ordered vacated shall again be used or leased for human occupancy by any occupant or owner until written approval is secured from the Code Official.
107.4 Failure to comply with notice of violation. Upon failure of the parties to the action to commence the work specified within the time specified by the notice of violation issued by the Code Official or Deputy Code Official under Section 107.2 or upon failure to proceed continuously with the work without unnecessary delay in order to complete the work within the specified period of time, the City Administrator will call and have a full adequate hearing upon the matter.
107.5 Notice of hearing.
(a)
Whenever the City Administrator calls a hearing under Section 107.4, the City Administrator shall give or cause to be given at least twenty-one (21) days, or such longer period required by State law, written notice of the hearing to the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in the structure or premises as shown by the land records of the County Recorder of Deeds. Such notice shall:
(1)
Include a description of the property sufficient for identification;
(2)
State the time, date and place of the hearing;
(3)
State who shall preside at the hearing;
(4)
State the notice is being given pursuant to this Section.
(b)
The notice of hearing shall be served either by personal service, by certified mail return receipt requested, or by first class mail. If service cannot be obtained by either of these methods of service, then service may be had by publication in a newspaper of general circulation in the City and posting on the property.
107.6 Hearing procedure. The City Administrator shall preside over the hearing and shall cause the hearing to be suitably recorded and preserved. Any party may have a copy of all or any part of the record upon payment of a reasonable charge for reproduction. All parties must make oral entry of appearance for the benefit of the record. Oral evidence shall be taken only on oath or affirmation. Any party may be represented by counsel. All parties shall be given a full and adequate opportunity to be heard. Hearings need not be conducted according to the technical rules relating to evidence and witnesses.
107.7 Order of City Administrator. After a hearing under Section 107.6, if the evidence supports a finding that the structure is a nuisance and detrimental to the health, safety or welfare of the residents of the City, the City Administrator shall make written and specific findings of fact based upon competent and substantial evidence, which show the structure to be a nuisance and detriment to the health, safety or welfare of the residents of the City, and the City Administrator shall order the structure to be repaired, reconditioned, remodeled, totally or partially vacated, demolished or placed in a sanitary condition. If the evidence does not support a finding that the structure is a nuisance or detrimental to the health, safety or welfare of the residents of the City, no order shall be issued. Upon reaching a decision, the City Administrator shall give written notice of the decision by delivering or mailing to each party, or the party’s attorney of record, a copy of the City Administrator’s findings of fact and order, if any. If notice of the City Administrator’s decision cannot be made by either of these two (2) modes of service, then service may be had by posting a copy of the City Administrator’s findings of fact and order, if any, upon the affected property.
107.8 Appeals. An aggrieved party may appeal to the circuit court pursuant to the procedures established in Chapter 536, Revised Statutes of Missouri.
107.9 Special tax bills. If the work or act ordered by the City Administrator under Section 107.7 is not done within thirty (30) days of the order, and if no appeals of the order is made within thirty (30) days of the order, the Code Official shall certify such fact to the City Administrator. The City Administrator shall consider such certified facts and may order the work done either by City employees or bidding the work through independent contractors. No person shall enter private property to perform such work unless the property owner or occupant has consented to the entry or unless the municipal division judge has issued a warrant for the entry. The actual cost of the performance including administrative costs shall be submitted to the owner of the property. If the charges are not paid within thirty (30) days of mailing or other delivery to the owner, the Code Official shall certify the actual cost of performance, including administrative costs and cost of proof of notices to the City Clerk, who shall cause a special tax bill to be added to the annual real estate tax bill against the property to be prepared and collected. The tax bill from date of issuance shall be a personal debt against the property owner and shall also be a lien on the property until paid. Tax bills issued pursuant to this Section shall bear interest from the date of issuance at the same rate for delinquent real estate taxes.
107.10 Emergency power. Notwithstanding any other Section of this code, in any case where, in the opinion of the Code Official or Deputy Code Official, it reasonably appears there is an immediate danger to the health, safety or welfare of any person, the Code Official or Deputy Code Official may take or order emergency action to vacate and repair or demolish any structure. The actual cost of performance shall be collected as provided by Section 107.9.
107.11 Judicial actions authorized. In case any order under Sections 107.7 or 107.10 is not immediately complied with, the Code Official or Deputy Code Official may request the City Attorney or counselor to institute an appropriate judicial action to compel compliance with this code.
107.12 Placarding. Any structure determined by the Code Official or Deputy Code Official to be a public nuisance may be posted with a placard by the Code Official or Deputy Code Official. The placard shall include the following information in the form prescribed by the Code Official: Name of City; name and address of the Code Official; Section of this code violated; if required to be vacated, an order that the structure, or its affected part, must remain vacated until the violation is corrected and the order to vacate is withdrawn by the Code Official or Deputy Code Official; date the placard is posted; and a statement of the penalty for defacing or removing the placard.
107.13 Removal of placard. No person shall deface or remove any placard posted by the Code Official or Deputy Code Official pursuant to Section 107.12 except by written authority from the Code Official.
107.14 Prohibited occupancy. No person shall occupy a placarded premises in violation of an order that it be vacated and no owner or person responsible for the premises shall allow anyone to occupy such a placarded premises.
107.15 Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of the such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the Code Official or Deputy Code Official and shall furnish to the Code Official or Deputy Code Official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.
109.2.1 Time limit. If an order is issued to board-up the openings of a structure out of compliance with this code, the structure shall be brought into compliance and the structure shall not remain boarded-up longer than ninety (90) days from the date of the notice.
109.6 Hearing is amended by deleting the last sentence and inserting the following sentence: “Any affected person shall be afforded a hearing as described in Section 215.060 of the Code of City Ordinances.”
111 MEANS OF APPEAL: Delete 111.1 to 111.8 and replace with:
Section 111.1 Application for appeal. Any person directly affected by a decision of the Code Official or a notice or order issued under this code shall have the right to appeal within thirty (30) days to the City Administrator. Every effort will be made by the City Administrator, to give the matter a proper airing utilizing appropriate inspection staff. An 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 the requirements of this code are adequately satisfied by other means.
112.4 Failure to comply. 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 two hundred dollars ($200.00). Each day shall be a separate violation.
201.3 Terms Defined in Other Codes, is amended by deleting the words “International Zoning Code.”
202.0 GENERAL DEFINITIONS: Add the following definitions:
Building regulations supervisor. The Code Official, Deputy Code Official, or the Code Official’s designee.
Structure. That which is built or constructed or a portion thereof. This definition shall include manufactured housing.
302.4 Weeds. Insert “seven (7) inches.”
Sections 302.4.1 and 302.4.2 are added as follows:
Section 302.4.1 Landscaping: Lawn areas and landscaping shall be properly maintained by the owner. Plants and grass that have deteriorated or died shall be replaced and additional planting shall be provided if required by the Code Official. Screening or additional planting around refuse containers may also be required to assure the desirable residential character of the premises. The premises and exterior property shall be maintained free from grass and weeds in excess of seven (7) inches.
Section 302.4.2 Tree Maintenance and Removal: The maintenance, upon private property, of dead or dying trees or tree limbs or branches which, by reason of their location, size or state of deterioration, constitute a danger to the public health, safety or welfare, or the maintenance upon private property of trees which are infected with Dutch Elm or other contagious disease or blight, dangerous to persons, animals, other trees or plant life, is declared to be a nuisance and must be removed. Tree stumps shall be removed to grade level and completely ground to blend into the surrounding yard.
302.7 Accessory structures. All accessory structures, including detached garages, fences, walls, and retaining walls shall be maintained structurally sound and in good repair.
302.8 Motor and non-motorized vehicles. Except as provided for in other regulations, no inoperative or unlicensed motor vehicle shall be parked, kept or stored on any premises. No licensed or unlicensed utility trailers, boat trailers with or without a boat, motorized or pull type camping trailers or any similar type vehicles shall be parked, kept or stored on an unapproved surface on any premises, and no vehicle stated above shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth.
Exception: A vehicle of any type is permitted to undergo major overhaul, including bodywork, provided that such work is performed inside a garage, structure or similarly enclosed area designed and approved for such purposes.
Exception: Lawn and yard vehicles motorized or non-motorized, utility trailers or similar type vehicles four (4) feet wide and eight (8) feet long or smaller and not licensed for street operation.
303.2.1 Enclosures. Private swimming pools, hot tubs and spas, capable of holding eighteen (18) inches of water shall be completely surrounded by a fence or barrier at least forty eight (48) inches (1,219 mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latching. The self-latching device release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when release from an open position of six (6) inches (152 mm) from the gatepost. No existing pool enclosures shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier.
Exception: Spas or hot tubs with a safety cover that complies with ASTM F 1346 shall be exempt from the provisions of this Section.
303.3 Drain cover. All swimming pools shall have an anti-vortex drain cover.
Exception: Use groups R-3 and R-4
304.3 Street numbers. Each structure to which a street number has been assigned shall have such number displayed in a position easily observed and readable from the public right-of-way. All numbers shall be in Arabic numerals at least four (4) inches high with one-half (1/2) inch stroke and of contrasting color.
Exception: Existing two (2) inch high with one-half (1/2) inch stroke in Arabic numerals that are being maintained and are in good condition may remain until replaced.
304.5 Foundation walls. All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents. All cracks that permit the entry of water, insects, or rodents or jeopardize the support of the structure shall be repaired. Small cracks that do not exhibit these problems and are three-eighths (3/8) of an inch or less shall not be required to be repaired.
304.14 Insect screens. During the period from April 1 to October 15, every door, window and other outside opening utilized or required for ventilation purposes serving any structure containing habitable rooms, food preparation areas, food service areas, or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of no less than sixteen (16) mesh per inch and every swinging door shall have a self-closing device in good working condition.
Exception #1: Screen doors shall not be required for out-swinging doors or other types of openings which make screening impractical, provided other approved means, such as air curtains or insect repellent fans are employed.
Exception #2: Screening is not required for air-conditioned spaces.
Exception #3: Screen doors are not required where there is at least one (1) screened window in the room where the exterior door is located.
304.18.1.1 Exception: Doors between dwelling units and fully enclosed attached garages are not required to have dead bolt locks. (All other swinging egress doors from structure are required to have dead bolts.)
306.1 General. Every exterior and interior flight of stairs having four (4) or more risers shall have a handrail on one (1) side of the stair and every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface which is more than thirty (30) inches (762 mm) above the floor or grade below shall have guards. Handrails shall not be less than thirty four (34) inches high or more than thirty (38) inches high measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall not be less than thirty six (36) inches high above the floor of the landing, balcony, porch, deck, or ramp or other walking surface.
Exception: Guards shall not be required where exempted by the adopted Building Code.
307.1.1 Guard standards. Guards may be constructed of slats in a horizontal, vertical or any other pattern and shall not allow passage of a six-inch diameter sphere through any opening.
308.2.1 Exception: In one- and two-family residences, the owner or tenant shall provide a leak proof, covered, rubbish container.
308.3.1 Exception: In one- and two-family residences, the owner or tenant shall provide a leak proof, covered, garbage container if there is no food waste grinder.
309.4 Multiple occupancies. The owner of a structure containing two (2) or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for extermination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant shall be responsible for extermination.
403.2 Exception: Structures and premises in existence as of adoption of this code may have a mechanical ventilation system that exhausts air into the attic space provided the attic space has adequate ventilation.
404.3.1 Exception: Structures and premises in existence as of adoption of this code shall have a minimum ceiling height of six (6) feet, six (6) inches for laundry areas, bathrooms, toilet room and corridors serving only these areas.
602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one (1) or more dwelling units, rooming units, dormitory or guest rooms on terms, either express or implied, to furnish heat to the occupants thereof shall supply sufficient heat during the period from September 1 to June 1 to maintain the room temperatures specified in Section 602.2 during the hours between 6:30 A.M. and 10:30 P.M. of each day and not less than sixty degrees Fahrenheit (60° F.) (sixteen degrees Celsius (16° C.) during other hours.
602.4 Nonresidential structures. Insert dates as follows; September 1 to June 1.
702.4.1 Emergency escape. Every sleeping room located in a basement in occupancies of Use Group 1-1 or R shall have at least one (1) openable window or exterior door approved for emergency egress or rescue; or shall have access to not less than two (2) approved independent exits. Existing windows in a sleeping room shall not be eliminated.
Exceptions:
1.
Buildings equipped throughout with an automatic fire suppression system.
2.
Structures in existence as of the adoption of this code and comply with the following:
a.
Smoke detectors shall be installed in all shafts and corridors, on the ceiling or wall outside or within the vicinity of each separate bedroom and on each additional story of the dwelling, including the basements, but not including crawl spaces and uninhabitable attics.
b.
Smoke detectors described in paragraph a. of this exception shall receive their primary power from the building wiring and when primary power is interrupted, shall receive power from a battery. Wiring shall be permanent and without a disconnecting switch other than those required for over-current protection.
c.
All smoke detectors shall be interconnected such that the actuation of one (1) alarm will actuate all the alarms throughout the structure. This exception 2 shall not apply to structures that are renovated, remodeled or altered in excess of fifty percent (50%) of the current value of the structure.
702.5 Number of exits. In nonresidential buildings, every occupied story more than six (6) stories above grade shall be provided with not less than two (2) independent exits. In residential buildings, every story exceeding two (2) stories above grade shall be provided with not less than two (2) independent exits.
Exceptions: Where any structure is in existence as of the adoption of this code and complies with one (1) of the following:
1.
Buildings equipped throughout with an automatic fire suppression system.
2.
Structures that have previously received a certificate of compliance or a certificate of occupancy have been maintained accordingly and comply with the following:
a.
Smoke detectors shall be installed in all shafts and corridors, on the ceiling or wall outside or within the vicinity of each separate bedroom and on each additional story of the dwelling, including the basements, but not including crawl spaces and uninhabitable attics.
b.
Smoke detectors shall receive their primary power from the building wiring and when primary power is interrupted, shall receive power from a battery. Wiring shall be permanent and without a disconnecting switch other than those required for over-current protection.
c.
All smoke detectors shall be interconnected such that the actuation of one (1) alarm will actuate all the alarms throughout the structure. This exception 2 shall not apply to structures that are renovated, remodeled or altered in excess of fifty percent (50%) of the current value of the structure.
702.6 Number of exits in manufactured housing. Every dwelling unit shall have not less than two (2) doors, or not less than one (1) door and one (1) unobstructed emergency exit. One (1) exit shall be located near the front of the dwelling unit and one (1) door shall be located near the rear of the dwelling unit. An emergency exit may be substituted for the rear door when the length of the dwelling unit does not permit or is not sufficient for the use of the two (2) doors. Each door or exit shall be supplied with a properly installed lock.
702.7 Corridor enclosure. All corridors serving an occupant load greater than thirty (30) and the openings therein shall provide an effective barrier to resist the movement of smoke. All transoms, louver, doors, and other openings shall be closed or shall be self closing.
Exceptions: Where any structure is in existence as of the adoption of this code and complies with following:
1.
Buildings equipped throughout with an automatic fire suppression system.
2.
Structures that have previously received a certificate of compliance or a certificate of occupancy has been maintained accordingly and comply with the following:
a.
Smoke detectors shall be installed in all shafts and corridors; on the ceiling or wall outside or within the vicinity of each separate bedroom and on each additional story of the dwelling, including the basements, but not including crawl spaces and uninhabitable attics.
b.
Smoke detectors shall receive their primary power from the building wiring and when primary power is interrupted, shall receive power from a battery. Wiring shall be permanent and without a disconnecting switch other than those required for over-current protection.
c.
All smoke detectors shall be interconnected such that the actuation of one (1) alarm will actuate all the alarms throughout the structure. This exception 2 shall not apply to structures that are renovated, remodeled or altered in excess of fifty percent (50%) of the current value of the structure.
[CC 1999 §7-31; Ord. No. 2007-70 §§1 — 2, 8-27-2007Ord. No. 2011-73 §§1 — 3, 8-8-2011Ord. No. 2017-36 §§ 1 – 3, 4-24-2017]
A. 
The Council adopts the 2015 Edition of the International Code for Residential One- and Two-Family Dwellings, including Appendices E, F, H, J, K, M, and U, (as amended) one (1) copy of which has been on file with the City Clerk for a period of ninety (90) days prior to the adoption of this Section, by reference as if fully set forth in its entirety. At least one (1) copy of the 2015 Edition of the International Residential Code for One- and Two-Family Dwellings shall remain on file in the office of the City Clerk and shall be kept available for public use, inspection, and examination.
B. 
The code adopted by this Section hereby amends by substitution 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:
R101.1 Title. These provisions shall be known as the Residential Code for One- and Two-Family Dwellings of the City of Chillicothe, and shall be cited as such and will be referred to herein as “this code.”
R102.5.1 Appendices E, F, H, J, K, M, and U are hereby adopted as published.
R103 is deleted in its entirety and replaced with a new Section R103 as follows:
Section R103 — Enforcement.
R103.1 Enforcement Agency. The Zoning Administrator is responsible for enforcement of this code. The Zoning Administrator is referred to as the “Building Official” in this code.
R103.2 Appointment. The Building Official is appointed by the City Council.
R103.3 Deputies. The City Council may appoint such assistant code enforcement officers, inspectors, plan examiners, and other employees as they deem proper.
Section R104.7 Department Records is amended to read:
R104.7 Department Records. The City Clerk, as otherwise provided by ordinance, will keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records.
R104.10.1 Flood Hazard Areas. Delete in its entirety.
R105.1 Add to paragraph: Vacant lot areas left from demolition shall be filled, leveled and graded to prevent ponding. 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.
Section R105.2 Building: 2 is deleted.
Section R105.5 Building: 5 is deleted.
R106.2 Site plan or plat plan. Add paragraph: More than two (2) single-family dwellings, multiple duplexes, and/or City homes on one (1) lot shall require commercial civil/site documents per IBC 107.2.5 (including Chillicothe amendments), sealed by a professional engineer licensed in the State of Missouri.
R112.1 General. Any aggrieved person shall have the right to appeal a decision of the Code Official to the Board of Adjustment. Applications for appeal shall be filed in accordance with the procedures set out in Section 113 of the Building Code of Chillicothe, Missouri.
R112.3 Qualifications. Delete in its entirety.
R113.4 Violation penalties. Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof, shall be guilty of an ordinance violation and upon conviction thereof, shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each day that a violation continues shall be deemed a separate offense. The City 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.
R114.2. Unlawful Continuance. Add: The penalty shall be a fine of not more than five hundred dollars ($500.00) or by imprisonment not exceeding six (6) months, or both fine and imprisonment.
R202 Definitions. Attic, Habitable. Add: 4. The occupiable space is provided with an egress door in accordance with Section R311.2 or by a ramp in accordance with Section R311.8 or a stairway in accordance with Section R311.7.
R202 Definitions. Structure. Add following exception:
Exception: For existing decks being replaced, the same size will not be considered a structure for code purposes.
Table R301.2 (1) is amended to read as follows: Ground Snow Load is twenty (20) pounds per square foot; Wind Speed is ninety (90) mph; Seismic Design Category is 0-A; Weather is Severe; Frost Line Depth is thirty-six (36) inches; Termite is moderate to heavy; Decay is slight to moderate; Winter Design Temperature zero degrees Fahrenheit (0° F.); and Flood Hazards A-C.
R302.5.1 Delete “equipped with a self-closing device.”
R302.6 Dwelling/garage fire separation. Replace one-half (1/2) inch gypsum board with five-eighth (5/8) inch gypsum board in referenced Table R302.6 Dwelling/garage fire separation. Add last sentence to paragraph of R302.6: The garage shall be completely separated from the residence and its attic area by means of five-eighth (5/8) inch gypsum board or equivalent applied to the garage side.
R303.4 Mechanical ventilation. The dwelling unit shall be provided with whole-house mechanical ventilation in accordance with Section M1507.3. Alternatively, an insulated duct from the outside connected to the return air or HVAC unit ahead of the filter with balancing damper may be provided. The duct size shall be based on the conditioned area the HVAC unit serves. The duct shall be four (4) inches in diameter for areas fifteen hundred (1,500) square feet or less, six (6) inches in diameter for areas over fifteen hundred (1,500) square feet and less than or equal to twenty-four hundred (2,400) square feet, and eight (8) inches in diameter for areas over twenty-four hundred (2,400) square feet.
R303.6 Add Exception: Bathroom exhaust fans may be exhausted into a soffit vent if composed of approved materials as determined by the Building Official.
Figure 307.1 Water closet: All water closets shall be spaced at least fifteen (15) inches from the centerline of the fixture to any wall or plumbing fixture, except the centerline of the water closet may be spaced twelve (12) inches if located next to a bathtub/shower.
R311.7.5.1 Risers. Add Exception: Closed risers are not required on exterior stairs where the riser is less than one (1) inch above grade.
R312.1.1 Where Required: Add: Grassed or landscaped areas a minimum of three (3) feet wide behind a retaining wall shall not be deemed a walking surface. Delete, “at any point within thirty six (36) inches horizontally to the edge of the open side.”
R312.2 Window fall protection. Deleted in its entirety.
R313.1 Townhouse automatic fire sprinkler systems. Delete in its entirety.
R313.2 One- and two-family dwelling automatic fire sprinkler systems. Delete in its entirety.
R313.3 Automatic fire sprinkler systems. A builder of a single-family dwelling or residences or multi-unit dwellings of four (4) or fewer units shall offer to any purchaser, on or before the time of entering into the purchase contract, the option at the purchaser’s cost to install or equip an automatic fire sprinkler system in the dwelling, residence or unit. Notwithstanding any other provision of law to the contrary, no purchaser of such a single-family dwelling, residence, or multi-unit dwelling shall be denied the right to choose or decline to install an automatic fire sprinkler system in such dwelling or residence being purchased by any code, ordinance, rule, regulation, order or resolution by any County or other political subdivision. Pursuant to Section 67.281, RSMo., the mandatory option for purchasers to have the right to choose and the requirement that the builders offer to purchasers the option to purchase an automatic fire sprinkler system in connection with the purchase of any single-family dwelling, residence, or multi-unit dwelling of four (4) or fewer units is hereby incorporated into the code.
R314.4 Add to exception: In alterations smoke alarms shall not be required to be interconnected if the dwelling is no more than two (2) stories.
R314.6 Add Exception 3.: Smoke alarms in alterations shall be permitted to be battery operated if the dwelling is no more than two (2) stories.
R322 Flood Resistant Construction. Section 29-22 of the Code of Ordinances applies. Delete section in its entirety.
R401.1 Application. Add Exception: Foundation repairs for one- and two-family dwellings shall not require geotechnical evaluation or structural calculations.
Figure R403.1(1) Concrete and Masonry foundation details. A slab on ground with turned down footings shall have the following: a #4 reinforcement bar spaced a minimum of twenty-four (24) inches on centers to provide connection of footing to slab. The vertical rods shall extend to within four (4) inches of the bottom of the footing and be turned to provide a horizontal leg that extends a minimum of twelve (12) inches into the slab.
N1103.5.2 (R403.5.2) Demand recirculation systems. Delete.
M1411.8 Locking access port caps. Delete.
M1501.1 Outdoor discharge. List first exception as number 1. and add exception number 2. as follows:
2.
Bathroom fan air may be exhausted into a soffit vent if composed of approved materials as determined by the Building Official.
M1507.2 Recirculation of air. Add exception: Bathroom fan air may be exhausted into a soffit vent if composed of approved materials as determined by the Building Official.
G2414.5.2 Copper tubing. Replace second paragraph with: Copper pipe and copper tubing shall not be allowed for fuel gas piping systems.
P2603.5.1 Sewer depth. Is amended to read: Building sewers, including the portion of the building drain beyond the exterior wall, shall be a minimum of thirty (30) inches below finished grade at the point of septic tank connection. Building sewers shall be a minimum of thirty (30) inches below grade. Add: The Building Official may approve a lesser depth of the building drain portion if there are extraordinary circumstances (e.g., bedrock).
P2605.1 Piping Support. Footnote B to be used for water distribution piping only.
P3008.1 Sewage backflow. Delete last sentence.
ISPSC Section 305 Outdoor swimming pool. An outdoor swimming pool, including an in-ground, above-ground pool, hot tub or spa shall be surrounded by a barrier which shall comply with the following:
1.
The top of the barrier shall be at least sixty (60) inches 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 grade, such as an above ground pool, the barrier may be at ground level, such as the pool structure, or mounted on top of the pool structure. Where the barrier is mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be four (4) inches (102 mm).
Exception: The top of the barrier shall be at least forty-eight (48) inches (1,219 mm) above ground level measured on the side of the barrier which faces away from the swimming pool provided the swimming pool is equipped with a rigid safety cover complying with ASTM F 1346.
2. through 10.
Same as stated in International Residential Code.
C. 
Violations. The punishment of a violation of this Section 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.
2. 
Ordinance violations as defined below shall not be punishable by imprisonment, unless the violation:
a. 
Endangered the health or welfare of others, or
b. 
Involved eluding or giving false information to a Law Enforcement Officer.
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.
5. 
No court costs shall be assessed if the defendant is found to be indigent under Subsection (C)(4) or the case is dismissed.
[CC 1999 §7-38; Ord. No. 2007-58 §§1 — 2, 6-25-2007Ord. No. 2011-71 §§1 — 3, 8-8-2011Ord. No. 2017-38 §§ 1 – 3, 4-24-2017]
A. 
The Council adopts the 2015 Edition of the International Plumbing Code, including Appendices A and B, (as amended) one (1) copy of which has been on file with the City Clerk for a period of ninety (90) days prior to the adoption of this Section, by reference as if fully set forth in its entirety. At least one (1) copy of the 2015 Edition of the International Plumbing Code shall remain on file in the office of the City Clerk and shall be available for public use, inspection, and examination.
B. 
The code adopted by this Section hereby amends by substitution 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:
101.1 Title. These regulations shall be known as the Plumbing Code of the City of Chillicothe, Missouri, hereinafter referred to as “this code.”
101.5 License Required.
(a)
No individual shall engage in the business of plumbing in the City of Chillicothe unless licensed as a plumber by the City.
(b)
No individual, firm, partnership or corporation shall engage in the business of installing, repairing or altering plumbing unless the plumbing work performed in the course of such business is under the general supervision of a licensed plumber, and under the direct supervision of a licensed plumber employed on such installation or alteration to assure proper and accurate work as prescribed by this code.
(c)
All work authorized by a plumbing permit shall be done under the direct supervision of a licensed plumber.
Section 103 — Administration
103.1 General. The Zoning and Codes Department will administer this code. The Zoning Administrator for the City will be in charge and will be called the “Code Official” in this code.
103.2 Appointment. The City Council will appoint the Code Official and such assistants as they deem proper.
103.3 Liability. The Code Official, officer or employee charged with the enforcement of this code, while acting for the jurisdiction, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of any act required or permitted 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 Code Official or any subordinate shall not be liable for costs in any action, suit or proceeding that is instituted in pursuance of the provisions of this code, and any officer or employee, acting 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.
103.5 Restriction of employees. Any officer or employee charged with the enforcement of this code 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 therefore, unless such employee is an 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.
104.7 Records. The City Clerk shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records as long as the building or structure to which such records relate remains in existence unless otherwise provided for by other regulations.
106.4 By whom application is made. Application for a permit shall be made by a licensed plumber, except as provided herein. Plumbing permits may be issued to the general contractor, on behalf of the plumber, for new one- and two-family dwellings and building alteration or building additions for one- and two-family dwellings to install all or part of any plumbing system. All plumbing work must be performed by a plumber licensed by the City of Chillicothe, another municipality or County within the State of Missouri or as allowed by ordinance.
Any permit required by this code may be issued to any person to do any work regulated by this code in a single-family dwelling used exclusively for living purposes, including the usual accessory buildings and quarters in connection with such buildings, provided the person is a bona fide owner of the dwelling, will occupy the dwelling, and will personally purchase all material and perform all labor authorized by the permit.
The applicant shall meet all qualifications established by rules promulgated with this code or by ordinance, resolution, or statute. The full names and addresses of the owner, lessee, applicant and of the responsible officers, if the owner or lessee is a corporate body, shall be stated in the application.
Exception: Plumbers holding a maintenance plumbers certificate who are regular employees of the firm or corporation for which the work is to be performed, may obtain a permit to do plumbing work on the premises of the firm or corporation provided the work is not associated with work requiring a building permit.
106.6.2 Fee schedule. For the purpose of this code, any fixture, accessory, appliance or equipment of any nature requiring a permanent or rigid connection to any sewer or water line, will be classified as a fixture and the permit will be assessed as such. The plumbing permit fees shall be as set by ordinance.
106.6.3 Fee refunds. The Code Official shall authorize the refunding of fees as follows:
1.
The full amount of any fee paid hereunder which was erroneously paid or collected.
2.
Delete in its entirety.
3.
Delete in its entirety.
The Code 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.
In Section 108.4 “[specify offense]” shall be changed to read “city ordinance violation.”
In Section 108.4 “[Amount]” shall be changed to read “five hundred dollars ($500.00.).”
In Section 108.4 “[Number of Dates]” shall be changed to read “six (6) months.” So that Section 108.4 then reads:
108.4 Violation Penalties. 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, install, alter or repair plumbing work 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 guilty of a City ordinance violation, punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment not exceeding six (6) months, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
108.5 Stop work orders. Upon notice from the Code Official, work on any plumbing system that is being done contrary to the provisions of this code or in a dangerous or unsafe, manner, shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner’s agent, or to the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the Code Official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any plumbing 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) nor more than five hundred dollars ($500.00).
109.1 Application for appeal. Any aggrieved person shall have the right to petition the Board of Adjustment regarding a decision of the Code Official to refuse to grant a modification of the provisions of this code covering the manner of construction or materials to be used in the erection, alteration or repair of a plumbing system. Application for appeal shall be filed in accordance with the procedures set out in Section 113 of the International Building Code as amended and adopted by the City of Chillicothe, Missouri.
109.2 through 109.7. Delete.
305.4.1 Sewer Depth. Building sewers, including the portion of the building drain beyond the exterior wall, shall be a minimum of thirty (30) inches below finished grade. The Building Official may approve a lesser depth of the building drain portion if there are extraordinary circumstances (e.g., bedrock).
Table 308.5 Hanger Spacing. Footnote B shall be used for water distribution piping only.
410.2 Add exception: In business, mercantile, and storage occupancies where drinking fountains are required, the following exceptions are permitted to substitute for one hundred percent (100%) of the required drinking fountains if the required number is not greater than three (3):
1.
A water cooler or bottled water dispenser;
2.
Individual bottles of water;
3.
A break room sink, bar sink, or kitchen sink provided all sinks have an approved standard faucet per IPC 424.1.
606.1 Location of full-open valves. Full-open valves shall be installed in the following locations:
1.
On the building water service pipe from the public water supply near the curb.
2.
On the water distribution supply pipe at the entrance into the structure.
3.
On the discharge side of every water meter.
Exception: Water meters not located inside a building.
4.
On the base of every water riser pipe in occupancies other than multiple-family residential occupancies which are two (2) stories or less in height and in one- and two-family residential occupancies.
5.
On the top of every water down-feed pipe in occupancies other than one- and two-family residential occupancies.
6.
On the entrance to every water supply pipe to a dwelling unit, except where supplying a single fixture equipped with individual stops.
7.
On the water supply pipe to a gravity or pressurized water tank.
8.
On the water supply pipe to every water heater.
701.2 Sewer required. Every building in which plumbing fixtures are installed and every premises having drainage piping shall be connected to a public sewer, where available, or where a public sewer is not available, a private sewage disposal system shall be provided conforming to Chapter 29 of the Code of Ordinances and the Building Code of Chillicothe, Missouri.
701.2.1 Public system available. A public sewer system shall be considered available to a building when any portion of the property is located within two hundred twenty-five (225) feet of the public sewer.
903.1 Roof extension. Insert twelve (12) inches (304.8 mm) for termination height above roof.
C. 
Violations. The punishment of a violation of this Section 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.
2. 
Ordinance violations as defined below shall not be punishable by imprisonment, unless the violation:
a. 
Endangered the health or welfare of others, or
b. 
Involved eluding or giving false information to a Law Enforcement Officer.
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.
5. 
No court costs shall be assessed if the defendant is found to be indigent under Subsection (C)(4) or the case is dismissed.
[CC 1999 §7-39; Ord. No. 98-15611-30-1998]
All fees and charges payable herein shall be set and adjusted, if necessary, by the Chillicothe Municipal Utilities Board of Public Works. All such fees and charges shall be subject to inspection and filed for record with the Chillicothe Municipal Utilities.
[CC 1999 §§7-56 — 7-57; Ord. No. 2007-65 §§1, 3, 6, 7-30-2007]
A. 
Adoption Of International Mechanical Code. A certain document, one (1) copy of which is on file in the office of the City Clerk and zoning office of the City of Chillicothe, Missouri, being marked and designated as “The International Mechanical Code, 2006 Edition” as published by the International Code Council, be and is hereby adopted as the Mechanical Code of the City of Chillicothe, Missouri, for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of mechanical systems as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said International Mechanical Code 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 (B) of this Section.
B. 
Additions, Insertions And Changes. That the following Sections are hereby revised as follows:
Section 101.1 Insert: “City of Chillicothe, Missouri”
Section 106.5.2 Insert: As set forth in Appendix B.
Section 106.5.3 Insert: “50% in 106.5.3.1. and .2.”
Section 108.4 Insert: “an ordinance violation” (classification of violation), “$500.00” (Amount of fine), “90 days” (period of incarceration).
Section 108.5 Insert: “Not less than $50.00 nor more than $500.00”.
C. 
Any person, firm or corporation violating this Section herein imposed shall be subject to a fine of not less than five hundred dollars ($500.00) or by imprisonment for not more than six (6) months, or by both such fine and imprisonment, together with the cost.
[CC 1999 §7-66; Ord. No. 2007-79 §§1, 5, 10-29-2007Ord. No. 2012-83 §1, 11-26-2012Ord. No. 2017-37 § 1, 4-24-2017]
The City Council adopts the 2014 Edition of the National Electrical Code, including Annex H (Article 80), (as amended) one (1) copy of which has been on file with the City Clerk for a period of ninety (90) days prior to the adoption of this Section, by reference as if fully set forth in its entirety. At least one (1) copy of the 2014 Edition of the National Electrical Code shall remain on file in the office of the City Clerk and shall be keep available for public use, inspection, and examination.
[Ord. No. 2012-83 §1, 11-26-2012Ord. No. 2017-37 § 2, 4-24-2017]
A. 
The code adopted by this Section hereby amends by substitution 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. 
Amendments to Article 80 (Annex H).
Article 80.2 Electric Inspector. An individual authorized to perform electrical inspections for the City.
Article 80.13(13) — insert “10.”
Article 80.15(A) — (F) delete
Article 80.15(G) — Revise as follows:
(G)
Appeal. The applicant for an electrical permit, the holder of an electrical permit, or the owner or agent of a building or structure wherein electrical work is to be installed may appeal a decision of the authority having jurisdiction refusing to grant modification of the provisions of the Electrical Code covering the manner of installation, or materials to be used in the installation, to the Board of Adjustment. Application for appeal shall be filed in accordance with the procedures set out in Section 113 of the Building Code of Chillicothe, Missouri.
Article 80.19(F)(3) — insert “10.”
Article 80.23(B)(3) — replace with:
80.23(B)(3) Penalties. Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof shall upon conviction thereof be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each day that a violation continues shall be deemed a separate offense. The City 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.
Article 80.25(C) insert “10.”
Article 80.27 — delete and replace with:
Article 80.27 Licensing.
Article 80.27.1 Certificate of competency. It shall be unlawful for any person to engage in the installation, alteration or repair of electrical wiring, equipment, apparatus or fixtures for light, heat or power purposes; installation or additions to sound, audio visual or communication equipment in or on any building, structure, or premises within the corporate limits of the City of Chillicothe, Missouri, unless issued a certificate of competency by the City or by a municipality or County in the State of Missouri.
Exception No. 1. This shall not be construed to cover cases where the connected electrical load is not increased or where no new electrical wiring is required.
Exception No. 2. All electrical permits may be issued to the general contractor on behalf of the master electrical contractor for new one- and two-family dwellings and building alteration or building additions for one- and two-family dwellings. All electrical work must be performed by an electrician licensed by the City of Chillicothe, or as allowed by ordinance.
Exception No. 3. Electricians holding a certificate who are regular employees of the firm or corporation for which the work is to be performed, may obtain a permit to do electrical work on the premises of the firm or corporation provided the work is not associated with work requiring a building permit.
Exception No. 4. A permit may be issued to any person to do work in a single family dwelling used exclusively for living purposes, including the usual accessory buildings and quarters in connection with such building, provided that the person is a bona fide owner of the dwelling, will occupy the dwelling for a period of not less than one (1) year, will personally purchase all materials and perform all labor authorized by the permit, and that the applicant shall file an affidavit certifying that these conditions will be met before the issuance of the permit.
Work performed under any permit shall be subject to all applicable regulatory provisions of this code.
Article 80.27.2 Type of examination required. The type of examination required will be determined by the board of electrical examiners and will be selected from the standard examination list as prepared and published by Thomson Prometric, 1260 Energy Lane, St. Paul, MN 55108, or the ICC National Standardized Examinations Program, www.iccsafe.org/contractor(1-877-STD-Exam), or any State issued and approved exam.
Article 80.27.3 Reciprocity. The City will honor licenses issued from other jurisdictional areas provided the certification of having satisfactorily completed the Thomson Prometric or ICC examination applicable for the type of license requested.
Article 80.27.4 Insurance requirements. It shall be unlawful for any person holding a certificate to engage in work authorized by such certificate in the corporate limits of the City without first having filed with the City a certificate of comprehensive liability insurance with a minimum of one hundred thousand dollars ($100,000.00) per claim bodily injury, one hundred thousand dollars ($100,000.00) per claim property damage with three hundred thousand dollars ($300,000.00) aggregate per occurrence. Such insurance shall insure the proper construction, erection, and maintenance of the electrical work in accordance with the provisions of this code and shall insure the City from any and all claims or demands for damages by reason of any negligence of the electrical contractor or contractor’s agents, or by reason of defects in the construction, or damages resulting from any part thereof. The City requires a thirty (30) day cancellation notice from the insurance company.
Article 80.27.5 Work allowed under license. No person who has obtained an Electrical Contractor’s Certificate shall allow his/her name to be used by another person for the purpose of obtaining permits, or for doing business or work under such license. Every person licensed shall notify the board of the address of licensee’s place of business, if any, and the name under which such business is carried on, and shall give immediate notice to the board of any change in either.
Article 80.27.6 License fees. Electrical contractors shall pay annual business license fees to the City in an amount to be determined under the provisions of the ordinances of the City.
Article 80.29 – insert “City.” And add
Liability. Any officer or employee charged with the enforcement of this code, while acting on behalf of the City, 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 City or officers and employees pursuant to State and Federal law.
2. 
Amendments To NEC.
Article 100
Kitchens — Add “A fixed or portable single microwave does not constitute a permanent cooking facility.”
Article 110.2 Add “The local electrical inspector shall enforce all rules and specifications in this Article as necessary to determine conformity of electrical materials, devices, or appliances with approved methods of construction in order to protect life and property. The label of a nationally recognized electrical testing laboratory, inspection agency, or other organization concerned with product evaluation that maintains periodic inspection during production of equipment or materials, whose label indicates compliance with nationally recognized standards or tests to determine suitable usage in a specified manner, is prima facie evidence that the electrical materials, devices, or appliances are conforming and listed for installation under the provisions of this Article.
Only those materials, devices, or appliances which are approved for the purpose intended may be installed to use electricity for light, heat, or power. This includes all materials used to install the materials, devices, or appliances. The manufacturer’s name, trademark, or other identification symbol must be placed on or provided with the materials, devices, or appliances, together with rated voltage, current, wattage, or other applicable ratings necessary to determine the purpose and use for which they are intended in accordance with Article 670. It is not the local electrical inspector’s responsibility to enforce nationally recognized testing laboratory listings on equipment.”
Article 110.3 Add “The local electrical inspector may grant special approval of materials, devices, or appliances if no standard has been prepared or adopted to which they should conform. Special approval applies only to the particular sample approved and not to the line as manufactured, stored, sold, installed, or attached and may be granted only for those materials, devices, or appliances which, in the opinion of the local electrical inspector, are safe for the use intended. The details of decisions made by the electrical inspector shall be recorded and entered into the files of the electrical inspection division. Any decisions made by the local electrical inspector may be reviewed for consideration by the Board of Appeals. The City does not assume any liability for damage or injury to persons or property because of the use of those materials, devices, or appliances.”
Article 210.52(J) — Sump pit. In one- and two-family dwellings, a receptacle outlet shall be installed within three (3) feet of the sump pit on an individual circuit.
Article 210.8 Ground-Fault Circuit-Interrupter Protection for Personnel. (A) Dwelling Units. All 125-volt, single-phase, 15- and 20-ampere receptacles installed in the locations specified in 210.8(A)(1) through (10) shall have ground-fault circuit-interrupter protection for personnel.
Exception No. 1 to (2) Garages and accessory buildings. Receptacles in locations that are not readily accessible. (e.g., on the ceiling of a garage).
Exception No. 2 to (2) Garages and (5) Unfinished basements. A single receptacle or a duplex receptacle for two (2) appliances located within dedicated space for each appliance that, in normal use, is not easily moved from one (1) place to another and that is cord-and-plug connected in accordance with 400.7(A)(6), (A)(7), or (A)(8).
Add the following Exception to (3) Outdoors. GFCI receptacles located in exterior soffits and used for seasonal decorative lighting are not required to be readily accessible.
Exception to (7) Sinks. Where the receptacles are installed within 1.8 m (six (6) feet) of the outside edge of the sink.
(a)
Receptacles installed for specific appliances such as clothes washers, refrigerators, garbage disposals, dishwashers, and microwave ovens shall not be required to be GFCI protected where located within six (6) feet of laundry, utility, kitchen or wet bar sink in a dwelling.
(b)
A duplex receptacle may be used for a single appliance provided the duplex receptacle is located behind the appliance which, in normal use, is not easily moved and the receptacle is not readily accessible for the use of power tools. This receptacle must be marked “not GFCI protected.” Receptacles installed under the exceptions to 210.8(A)(2 and 3) shall not be considered as meeting the requirements of 210.52(G).
Article 210.52 Dwelling unit receptacle outlets (C) Countertops (5) Receptacle outlet location. Exception to (5): Delete the second sentence to the first paragraph that reads: “Receptacles mounted below a countertop in accordance with this exception shall not be located where the countertop extends more than one hundred fifty (150) mm (six (6) inches) beyond its support base.” The rest of the section remains as stated. This deletion is to allow the placement of the receptacle no more than twelve (12) inches below the countertop, and anywhere the countertop extends beyond its support base.
Article 210.52 Dwelling Unit Receptacle Outlets. (E) Outdoor Outlets. (3) Balconies, Decks, and Porches. Add the following: A receptacle is not required at an existing structure.
Article 210.52(G)(1) Receptacles in Garages. Delete first sentence, as follows: “In each attached garage, and in each detached garage with electric power, the branch circuit supplying receptacles shall not supply outlets outside the garage.” Retain second sentence: “At least one (1) duplex receptacle shall be installed for each car space.”
Article 210.63 Heating, Air-Conditioning, and Refrigeration Equipment Outlet. Existing exception to be shown as Exception No. 1 and add:
Exception No. 2: Rooftop and exterior equipment on one- and two-family dwellings.
Article 210.64 Electrical service areas. In other than one- and two-family dwellings, a 120-volt, 15- or 20-amp receptacles shall be required within fifty (50) feet of the electrical service equipment. Add second sentence, as follows: “The receptacle shall be readily accessible and located within sight of the service equipment.”
Article 220.14. Branch Circuit Load Calculations. (J) Dwelling Occupancies: Delete “one-family, two-family” and add the following requirements for one- and two-family dwellings:
(1)
In one- and two-family dwellings, a 15-amp rated general purpose circuit shall be limited to a maximum of eight (8) receptacle outlets or openings, or eight (8) lighting outlets or openings, or any combination of receptacle outlets and lighting outlets totaling not more than eight (8).
(2)
In one- and two-family dwellings, a 20-amp rated general purpose circuit shall be limited to a maximum of ten (10) receptacle outlets or openings, or ten (10) lighting outlets or openings, or any combination of receptacle outlets and lighting outlets totaling not more than ten (10).
(3)
In one- and two-family dwellings, the small appliance circuits serving the kitchen countertop and similar areas, shall be limited to not more than two (2) receptacle outlets or openings for the first two (2) such circuits; the third and succeeding small appliance circuits shall be limited to not more than three (3) receptacle outlets or openings per circuit.
(4)
In one- and two-family dwellings, the microwave receptacle outlet shall be a dedicated 20-amp rated circuit, and shall share with no other outlets.
Article 230.46 — revise to read “230.46 Spliced Conductors. Service entrance conductors shall be permitted to be spliced or tapped by clamped or bolted connections. Splices shall be made in enclosures or, if directly buried, with a listed ground splice kit. Splices of conductors shall be made in accordance with 110.14, 300.5(E), 300.13, and Article 300.15.
Where service entrance conductors are tapped to supply two (2) to six (6) disconnection means grouped at a common location, taps shall be made with fixed lugs only.”
Article 230.50 Protection Against Physical Damage. (B)(1) Service Entrance Cables. (3) Schedule 40 rigid nonmetallic conduit or equivalent.
Article 334.30 insert word “nonconductive insulated” before word “staples.”
Article 547.5 Wiring Methods. (F) Separate Equipment Grounding Conductor. Add new last sentence: “Aluminium equipment grounding conductor shall not be permitted underground in agricultural buildings or areas.”
Article 600.1 Add
Permanently installed electric signs, outline lighting, and field-assembled skeletal neon systems shall be listed and labeled by a nationally recognized testing laboratory. Branch circuit wiring and primary electrical connection of the above shall be completed by a licensed electrical contractor. The electrical contractor shall be responsible for obtaining the electrical permit, scheduling an inspection, and the installations shall not be energized prior to approval by the electrical inspector.
[1]
Editor’s Note — Ord. no. 2012-83 §1, adopted November 26, 2012, repealed section 500.065 “fees” and enacted new provisions set out above. Former section 500.065 derived from CC 1999 §7-67 and ord. no. 98-156, 11-30-1998.
[Ord. No. 2012-83 §1, 11-26-2012Ord. No. 2017-37 § 3, 4-24-2017]
A. 
The punishment of a violation of Sections 500.060 through 500.065, 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.
2. 
Ordinance violations as defined below shall not be punishable by imprisonment, unless the violation:
a. 
Endangered the health or welfare of others, or
b. 
Involved eluding or giving false information to a Law Enforcement Officer.
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.
5. 
No court costs shall be assessed if the defendant is found to be indigent under Subsection (A)(4) or the case is dismissed.
[CC 1999 §§7-81 — 7-82; Ord. No. 2010-46 §§1 — 2, 5-10-2010Ord. No. 2011-64 §1, 6-27-2011Ord. No. 2017-39 §§ 1 – 3, 4-24-2017]
A. 
The Council adopts the 2015 Edition of the International Fire Code, including Appendices A through G, and I, (as amended) one (1) copy of which has been on file with the City Clerk for a period of ninety (90) days prior to the adoption of this Section, by reference as if fully set forth in its entirety. At least one (1) copy of the 2015 Edition of the International Fire Code shall remain on file in the office of the City Clerk and shall be kept available for public use, inspection, and examination.
B. 
The code adopted by this Section hereby amends by substitution 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:
101.1 Title. These regulations shall be known as the Fire Code of the City of Chillicothe, Missouri, and hereinafter referred to as “this code.”
101.2.2 Appendices A through G and I are hereby adopted with Appendices B and C adopted as amended.
Section 103.0 Fire Prevention:
103.1 Director. The administration and enforcement of this Section shall be the duty of the Zoning Administrator and the Fire Chief, who are designated as the Code Officials for purposes of this code. The Code Officials are 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 Zoning Administrator and the Fire Chief as may be necessary to carry out the provisions of this code.
103.2 Appointment. The Fire Code Official(s) shall be appointed by the City Council.
103.4 Liability. Any officer or employee charged with the enforcement of this code, while acting on behalf of the City, shall not thereby render such individual personally liable, 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 City or officers and employees pursuant to State and Federal law.
105.7 Required construction permits. The Building Code Official is authorized to issue construction permits for work as set forth in Sections 105.7.1 through 105.7.18.
108.1 Application for appeal. Any aggrieved person shall have the right to appeal a decision of the Code Official to the Board of Adjustment. An application for appeal shall be filled in accordance with the procedures set out in Section 113 of the 2015 Edition of the International Building Code as amended by Section 500.010 of the Code of Ordinances. The application shall be filed on a form obtained from the Code Official.
108.2 Limitation on authority: Delete.
108.3 Qualifications: Delete.
109.4 Violation penalties. Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof, shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each day that a violation continues shall be deemed a separate offense. The City 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.
Section 307.1.1 Prohibit open burning that is offensive or objectionable because of smoke or odor emissions or when atmospheric conditions or local circumstances make such fires hazardous. Burning will be limited to organic products such as yard waste, leaves and tree limbs two (2) inches diameter and smaller. Burning hours are limited to daylight hours between dawn and dusk.
Section 307.5 Attendance. Open burning, bonfires or recreational fires shall be constantly attended by a person at least fifteen (15) years of age until the fire is extinguished. A minimum of one (1) portable fire extinguisher complying with Section 906 with a minimum 4-1 rating or approved on-site fire extinguishing equipment such as dirt, sand, water barrel, garden hose or water truck shall be available for immediate utilization.
308.1.4 Open-flame cooking devices. Charcoal burner and other open flame cooking devices shall not be operated on combustible balconies or within ten (10) feet of combustible construction.
Exceptions:
1.
One- and two-family dwellings.
2.
Apartment buildings and condominiums, where buildings, balconies and decks are protected by an automatic sprinkler system.
3.
LP-gas cooking devices having an LP-gas container with water capacity not greater than 2.5 pounds [nominal 1 pound LP-gas capacity]
507.3 Fire flow. Fire hydrants in areas zoned as single-family or duplex shall be spaced no greater than every five hundred (500) feet and shall be capable of flowing a minimum of eight hundred (800) gallons of water per minute for a minimum of four (4) hours. In all other areas, fire hydrants shall be spaced no greater than every three hundred (300) feet and shall be capable of flowing a minimum of one thousand five hundred (1,500) gallons of water per minute for a minimum of four (4) hours; as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the Code Official.
507.5.1 Delete
912.4.1 (Add the words) Locking fire department connection caps. Fire department connections (FDC) shall be a four (4) inch Storz™ connection and shall utilize a Knox™ locking FDC cap.
1013.2 Floor level exit signs in groups A1, A2 over five thousand (5,000) square feet or greater than two hundred (200) occupants, and R-1. Illuminated exit signs in A1, A2 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 prior to January 1, 2007.
1013.6.2 Exit sign illumination.
(Add the words): Internally illuminated exit signs shall not use incandescent light bulbs relying upon a filament for the source of illumination. This amendment shall be applicable under the following conditions:
In all new and remodeled construction where illuminated exit signs are required or provided; and when exit signs are replaced or deemed inoperable by the jurisdiction having authority; and where an exit sign is installed in new locations in existing buildings, upon order of the City Fire Chief.
This amendment shall not be retroactive in nature, and shall not apply to structures constructed prior to January 1, 2003.
1103.4.2 Three (3) to five (5) stories. (Add Exception 5.):
5.
Where any structure has previously received a certificate of compliance or a certificate of occupancy, has been maintained accordingly and complies with the following:
a.
Smoke detectors shall be installed in all shafts and corridors, if such exist.
b.
Shaft and corridor smoke detectors shall receive their primary power from the building wiring and when primary power is interrupted, shall receive power from a battery. Wiring shall be permanent and without a disconnecting switch other than those required for over-current protection.
c.
All smoke detectors in shafts and corridors, if such exist, shall be interconnected such that the actuation of one (1) alarm will actuate all alarms in the shafts and corridors.
d.
Existing windows in a sleeping room shall not be eliminated.
1104.16.5 Materials and strength. (Add Exception):
Exception: If the existing fire escape stairway does not serve an assembly occupancy and is less than or equal to thirty (30) inches wide then it shall support a live load of forty (40) pounds per square foot and a concentrated load of three hundred (300) pounds as for catwalks in IBC Table 1607.1.
3103.2 Approval required. Tents and membrane structures having an area in excess of four hundred (400) square feet (37 m2) shall not be erected, operated or maintained for any purpose without first obtaining an inspection from the Fire Code Official.
Exceptions to permit and inspection:
1.
Tents used exclusively for recreational camping purposes.
Exceptions to inspections (permit required):
1.
Tents which comply with all of the following:
1.1.
Individual tents having a maximum size of one thousand (1,000) square feet (92.9 m2) and erected for less than three (3) days.
1.2.
The aggregate area of multiple tents placed side by side without a fire break clearance of twelve (12) feet (3,658 mm), not exceeding one thousand (1,000) square feet (92.9 m2) total and erected for less than three (3) days.
3103.8.2 Location. Tents or membrane structures shall not be located within twenty (20) feet (6,096 mm) of buildings, other tents or membrane structures, or internal combustion engines for generators. For the purpose of determining required distances, support ropes and guy wires shall be considered as part of the temporary membrane structure or tent.
3103.8.6 Fire break. An unobstructed fire break passageway or fire road not less than twelve (12) feet (3,658 mm) wide and free from guy ropes or other obstructions shall be maintained on all sides of all tents and membrane structures where separation is required per Section 3103.8.2 unless otherwise approved by the Fire Code Official.
3103.12.7 Means of egress illumination. (Add exception):
Exception: Tents used during daylight hours and open on all sides are not required to provide means of egress illumination unless required by the Fire Code Official.
Chapter 50 — Hazardous Materials — General Provisions.
Section 5006. Cost Recovery for Hazardous Substances Releases.
5006.1 The Fire Department, through the Chief, or his/her designee, is authorized on behalf of the City, to assess and seek reimbursement for all costs incurred by the Fire Department and the City in response to a hazardous substance release for which it provides services, within the scope of Section 260.546, RSMo.
5006.2 The Chief, or his/her designee, shall follow the process set out in Section 260.546, RSMo., in seeking such reimbursement, and shall provide the statement of costs and other documentation as required by said Statute. The City Attorney shall assist and represent the City and the Chief, or his/her designee, in all proceedings in connection with seeking such reimbursement.
5006.3 The Chief shall also establish a schedule of costs and hourly rates for its responses to such hazardous substance releases based on actual costs and compensation rates of the personnel involved, which shall be kept on file with the City Clerk and the Fire Department. This schedule may be updated periodically, but not more frequently than once every twelve (12) months, with each revised schedule to be kept on file with the City Clerk and the Fire Department.
5006.4 The City Administrator is also authorized, at his/her discretion, to apply for reimbursement for such costs incurred from the hazardous waste fund created in Section 260.391, RSMo., as described in Section 260.546.4, RSMo.
5006.5 The Chief or City Administrator is also authorized to seek reimbursement to recover personnel and equipment costs from responsible parties and/or other political subdivisions for responses to hazardous substance releases either within or outside of the Chillicothe City limits. The schedule for such costs shall be set out in the schedule of costs referenced in Subsection 2706.3.
5006.6 This Section shall not be deemed to limit in any way the potential legal options, recourses, and remedies available to the City to seek recovery of its costs and damages from any persons or entities who may be legally responsible for such costs or damages, or who may have a duty to insure or indemnify any such responsible persons or entities.
B105.1 One- and two-family dwellings. The minimum fire flow requirements for one-and two-family dwellings having a fire area which does not exceed three thousand six hundred (3,600) square feet (344 m2) shall be eight hundred (800) gallons per minute (3785L/min) for a minimum of four (4) hours.
B105.2 Buildings other than one- and two-family dwellings. The minimum fire flow and flow duration for buildings other than one- and two-family dwelling units shall be one thousand five hundred (1,500) gallons per minute for a minimum of four (4) hours. The Code Official may use table 8105.1 to determine fire flows under special circumstances.
C103.1 Fire hydrant spacing. Fire hydrants shall have a maximum spacing of five hundred (500) feet in all R-1 (Single-family) and R-2 (Duplex) developments and three hundred (300) feet in all other zoning districts. Fire hydrant spacing for buildings that are required by the 2015 Edition of the International Building Code to have a fire flow greater than or equal to six thousand (6,000) gallons per minute shall be regulated by Table C102.1
C103.1.2 Fire hydrant spacing. A fire hydrant capable of flowing a minimum of one thousand five hundred (1,500) gallons per minute for a minimum of four (4) hours shall be placed within one hundred (100) feet of any fire department connection (FDC). This hydrant shall be placed so that it does not impede access to the building or area by responding fire department equipment.
C. 
Violations. The punishment of a violation of this Section 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.
2. 
Ordinance violations as defined below shall not be punishable by imprisonment, unless the violation:
a. 
Endangered the health or welfare of others, or
b. 
Involved eluding or giving false information to a Law Enforcement Officer.
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.
5. 
No court costs shall be assessed if the defendant is found to be indigent under Subsection (C)(4) or the case is dismissed.
[Ord. No. 2007-64 §§1 — 4, 6, 7-30-2007]
A. 
Adoption Of International Fuel Gas Code. A certain document, one (1) copy of which is on file in the office of the City Clerk and zoning office of the City of Chillicothe, Missouri, being marked and designated as “The International Fuel Gas Code, 2006 Edition” as published by the International Code Council, be and is hereby adopted as the Fuel Gas Code of the City of Chillicothe, State of Missouri for regulating and governing fuel gas systems and gas-fired appliances as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Fuel Gas Code on file in the office of the City Clerk 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 Subsections (B) and (C) of this Section.
B. 
The following Sections are hereby revised:
Section 101.1 Insert: City of Chillicothe
Section 106.5.3 Insert: 50%.
Section 108.4 Insert: Ordinance Violation: $500.00 — 90 days
Section 108.5 Insert: $50.00 — $500.00
C. 
Additions, Insertions and Changes. The following Sections are hereby revised as follows:
Section 101.1 Insert: City of Chillicothe, Missouri
Section 106.5.2 Insert: As set forth in Appendix B.
Section 106.5.3 Insert: 50% in 106.5.3.1 and .2.
Section 108.4. Insert: “an ordinance violation” (classification of violation), “$500.00” (Amount of fine), “90 days” (period of incarceration).
Section 108.5. Insert: Not less than $50.00 nor more than $500.00.
D. 
Any person, firm or corporation violating this Section herein imposed shall be subject to a fine of not less than five hundred dollars ($500.00) or by imprisonment for not more than six (6) months, or by both such fine and imprisonment, together with the cost.
E. 
Nothing in this Section or in the Building Code hereby adopted shall be construed to affect any suit or proceeding impending in 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.
[Ord. No. 2011-68 §§1(B),2(B), 7-25-2011]
A. 
A certain document, one (1) copy of which is on file in the office of the City Clerk of the City of Chillicothe, Missouri, being marked and designated as the 2006 International Existing Building Code, as published by the International Code Council, as amended in this Section, be and is hereby adopted as the Existing Building Code of the City of Chillicothe, Missouri, for regulating and governing the repair, alteration, change of occupancy, addition and relocation of existing buildings, including historic buildings, in the City of Chillicothe, Missouri; providing for the issuance of permits and collections of fees therefore and each and all of the regulations, provisions, penalties, conditions and terms of said Existing Building Code on file in the office of the Clerk of the City of Chillicothe, Missouri are hereby referred to, adopted, and made a part hereof, as if fully set out in this Section, with additions, insertions, deletions and changes, if any, prescribed in Subsection (B) of this Section.
B. 
The following Sections of the 2006 International Existing Building Code are hereby revised as follows:
1. 
Section 101.1 Title is amended by inserting “City Of Chillicothe, Missouri” for “[name of jurisdiction]”.
2. 
Section 103 is replaced in its entirety as follows:
103.1 Creation of Enforcement Agency. The term “Department of Building Safety” shall mean the City of Chillicothe Zoning and Code Department. The term “code official” shall mean the duly appointed zoning officer for the City of Chillicothe, Missouri.
103.2 Deputies. In accordance with the prescribed procedures of this jurisdiction the City Council shall have the authority to appoint deputy code officials, other related technical officers, inspectors and other employees.”
3. 
Section 108.2 Schedule of Permit Fees is amended by substituting words “City Council” for “applicable governing authority.”
4. 
Section 108.6 is replaced in its entirety as follows:
108.6 Refunds. No portion of any fee shall be returned to a permit holder in the event of suspension, discontinuance, or abandonment of work.”
5. 
Section 112 is replaced in its entirety as follows:
112.1 Appeal. Any affected person shall be afforded an appeal from the decision of the code official by the procedure set forth in Section 215.060 of the Code of City Ordinances.”
[Ord. No.2011-68 §§1(C),2(C), 7-25-11]
A. 
A certain document, one (1) copy of which is on filel in the office of the City Clerk of the City of Chillicothe, Missouri, being marked and designated as the 2006 International Energy Conservation Code, as published by the International Code Council, as amended in this Section, be and is hereby adopted as the Energy Conservation Code of the City of Chillicothe, Missouri, for regulating and governing energy efficient building envelopes and installation of energy efficient mechanical, lighting and power systems in the City of Chillicothe, Missouri; providing for the issuance of permits and collections of fees therefore and each and all of the regulations, provisions, penalties, conditions and terms of said Energy Conservation Code on file in the office of the Clerk of the City of Chillicothe, Missouri are hereby referred to, adopted, and made a part hereof, as if fully set out in this Section, with additions, insertions, deletions and changes, if any, prescribed in Subsection (B) of this Section.
B. 
The following Sections of the 2006 International Energy Conservation Code are hereby revised as follows:
1. 
Section 101.1 Title is amended by inserting “City of Chillicothe, Missouri” for “[name of jurisdiction]”.
2. 
A new section of 105.5 is created as follows:
105.5 Fee Schedule. A fee for each plan examination, building permit, and inspection shall be paid to the City Treasurer at the rate established by the written resolution or ordinance of the City Council.”
3. 
A new section of 108 is created as follows:
“Section 108 — Penalties and Appeals
108.1 Penalties. Violations shall be punished as provided in the Ordinance adopting this Code as amended from time to time.”
108.2 Appeals. Any affected person shall be afforded an appeal from the decision of the code official by the procedure set forth in Section 215.060 of the Code of City Ordinances.”
Any person who shall violate any provision of any of the building codes adopted in this Article or shall fail to comply with any of the requirements thereof or who shall erect, construct, alter or repair a building or structure in violation of an approved plan of or directive of the Code Official, or of a permit or certificate issued under the provision of any of these codes, shall be guilty of an ordinance violation, punishable by a fine of not less than one hundred dollars ($100.00) nor 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.
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