Chapter 40 – Building Permits and Code Enforcement

(ORD # 04-10)

 

Chapter 40–Building Permits and Code Enforcement

 

40.010.  Policy.  This Chapter adopts building codes for the City of Holden.  All provisions of the applicable codes shall be as set forth herein and all provisions of the adopted codes are incorporated into this Chapter as though fully set forth.

 

Sections 40.020-40.025.   International Building Code

 

An ordinance of the City of Holden, Missouri adopting the 2009 edition of the International Building Code, regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use and the demolition of such structures in the City of Holden, Missouri; providing for the issuance of permits and collection of fees  herefore; repealing Sections 40.020.- 40.025. of the City of Holden, Missouri Code of Ordinances and all other ordinances and parts of the ordinances in conflict therewith.

 

The City Council of the City of Holden, Missouri does ordain as follows:

 

Section 1. That a certain document, three (3) copies of which are on file in the office of the City Clerk of City of Holden, Missouri, being marked and designated as the International Building Code, 2009 edition, including Appendix Chapters E, F, G, H, I, and J, as published by the International Code Council, be and is hereby adopted as the Building Code of the City of Holden, in the State of Missouri for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use and the demolition of such structures as herein provided; providing for the issuance of permits and collection of fees  herefore; and each and all of the regulations, provisions, penalties, conditions and terms of said Building Code on file in the office of the City of Holden, Missouri are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in Section 2 of this ordinance.

 

Section 2. The following sections are hereby revised:

Section 101.1. Insert: City of Holden, Missouri 

Section 101.2. Add the following: Exception: Structures used exclusively for agricultural purposes on unplatted tracts of five (5) acres or more shall be exempt from this code.

Section 108.2.1 added to read as follows;  Fee Schedule.

  • Building Permit Fee. A building permit fee shall be paid by each permit

applicant.  For new construction, this fee covers all trades (building, electric, plumbing, mechanical, etc.), only this one fee for the whole structure.  The Building permit fee shall be calculated as set by resolution of the Council of the City of Holden from time to time.

 

  • Minimum Permit Fees.

 

  • Unusually Complex Construction. Where the proposed construction is of such a complexity that the cost to the City of obtaining the services of outside engineers, architects, or consultants to review construction plans or perform construction inspections exceeds 50% of the building permit fee, the City may charge the builder/developer/owner the additional costs required due to the complexity of the construction.  The amount of the charge shall be no greater than the actual charges of the outside professional, which exceed 50% of the building permit fee.
  • Mobile home permit fees. Minimum fee for placement of a mobile home on a designated lot or in a Mobile Home Park shall be thirty-five dollars ($35.00).  This will include inspections of electric service, plumbing attachments, tie downs, and skirting.
  • Minimum Permit Fee. The minimum fee for any permit, including demolition, electric, plumbing, mechanical, or any other permit shall be twenty-five dollars ($25.00)

 

Section 7. Penalties shall be Charged.  A Penalty will be charged when:

  • Construction is Begun before a Building Permit has Been Obtained. Where Construction is begun before a building permit has been obtained, a penalty equal to twice the permit fee, which would otherwise be applicable, shall be charged.
  • Stop Work Order. When a stop work order has been issued, the builder will be charged a penalty for each inspection required as a result of the stop work order.  This charge shall apply to each inspection required until the circumstances giving rise to the stop work order have been corrected.  The amount of the penalty charged shall be equal to the actual cost to the City of the inspections required, pursuant to a schedule of hourly rates established by the City Annually.

Section 108.6 amended to read as follows:

Fee Refunds:  The code official shall authorize the refunding of fees as follows:

  • The full amount of any fee paid hereunder that was erroneously paid or collected.

 

  • Not more than ninety percent (90%) of the permit fee paid when no work has been done under a permit issued in accordance with this code, and the application has been withdrawn or canceled before any plan review effort has been expended.

 

  • The code official shall not authorize the refunding of any fee paid except upon written application filed by the original applicant, or their agent, not later than 180 days after the date of fee payment.

 

Section 110.4 delete in its entirety, and add new Section 110.4 as follows:

Temporary occupancy.  Upon the request of the holder of a permit, the code official shall issue a temporary certificate of use and occupancy for a building or structure, or part thereof, before the entire work covered by the permit shall have been completed, provided that the holder of the permit has requested and received prior approval from the Fire and Public Works Departments of the City of Holden on a form provided by the City to the permit holder, and the Building Official determines that all such portion or portions can be occupied safely prior to full completion of the building, structure or project without endangering life or public welfare.  Such temporary certificate of use and occupancy shall be issued with a stated expiration date. Renewals of temporary certificate of use and occupancy shall not be allowed.  The fee for issuance of a temporary certificate of use and occupancy shall be fifty percent (50%) of the original building permit fee, which shall be refunded if the work is completed prior to expiration of temporary certificate of use and occupancy.

Section 113.4 delete in its entirety, and add new Section 113.4 as follows:

Violation Penalties.  Violation of any provision of this code as adopted shall constitute an offense punishable under Chapter 13 of the Code of Ordinances of the City of Holden.

Section 114.3 delete in its entirety, and add new Section 114.3 as follows:

Unlawful continuance.  Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be guilty of an offense.  Each day that a violation continues after due notice has been served shall be deemed a separate offense.

Section 1612.3. Insert: City of Holden, Missouri

Section 1612.3. Insert: 1976

Section 3412.2. Insert: 1997

Section G102.2, Insert, “Date this Ordinance is adopted”.

Section G103.3, Add new last sentence to item 2. Determination of design flood elevations. All new or substantially improved structures in a flood hazard area shall be elevated to one (1) foot above the design flood elevation.

Section G501.1 Elevation.  Add wording so that the last 2 lines read, “manufactured home is elevated to one (1) foot above the design flood elevation”.

Section H101.1.1. delete in its entirety, and add new Section H101.1.1. as follows: Precedence.  Where differences occur between this code and the Holden Code of Ordinances, the Holden Code of Ordinances shall apply.

 

Section 3. That Sections 40.020. – 40.025. of the City of Holden, Missouri Code of Ordinances and all other ordinances or parts of ordinances in conflict herewith are hereby repealed.

 

Section 4. That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.

 

Section 5. That nothing in this ordinance 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 Section 3 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance.

 

Section 6. That the City Clerk is hereby ordered and directed to cause this ordinance to be published.

 

Section 7. That this ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect 60 days from and after the date of its final passage and adoption.

 

 Sections 40.030-40.035.   International Plumbing Code

 

An ordinance of the City of Holden, Missouri adopting the 2009 edition of the International Plumbing Code, regulating and governing the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of plumbing systems in the City of Holden, Missouri; providing for the issuance of permits and collection of fees therefor; repealing Sections 40.030-40.035 of the City of Holden, Missouri Code of Ordinances and all other ordinances and parts of the ordinances in conflict therewith.

 

The City Council of the City of Holden, Missouri does ordain as follows:

 

Section 1. That a certain document, three (3) copies of which are on file in the office of the City Clerk of City of Holden, Missouri, being marked and designated as the International Plumbing Code, 2009 edition, including Appendix Chapters B, C, D, E, F, and G, as published by the International Code Council, be and is hereby adopted as the Plumbing Code of the City of Holden, in the State of Missouri regulating and governing the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of plumbing systems 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 Plumbing Code on file in the office of the City of Holden, Missouri are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in Section 2 of this ordinance.

 

Section 2. The following sections are hereby revised:

Section 101.1. Insert: City of Holden, Missouri

Sections 103.1, 103.2, and 103.3 delete in their entirety. Refer to Section 103 of the International Building Code.

Section 104.8. delete in its entirety,  Refer to Section 104 in the International Building Code.

Section 106.6.2. Insert: “The fees referred to in this section shall be as indicated in Section

108.2.1 of the International Building Code”

Section 106.6.3. Insert: for first insert “90″, and for second insert “90″

Section 108.4 delete in its entirety, and add new Section 108.4 as follows:

Violation Penalties.  Violators of any provision of this Code as adopted shall constitute an offense punishable under Chapter 13 of the Code of Ordinances of the City of Holden.

Section 108.5 delete in its entirety, and add new Section 108.5 as follows:

Unlawful Continuance.  Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be guilty of an offense.  Each day that a violation continues after due notice has been served shall be deemed a separate offense.

Section 109 delete in its entirety.

Section 305.6.1. Insert: for first insert “24″, and for second insert “24″

Section 403.2, add new Exception #4.  Separate facilities shall not be required when the following conditions are met:

  • The structure is an existing structure or tenant space which is being remodeled or renovated; and
  • The total occupant load of the structure or tenant space, including both employees and customers, is seventy-five (75) or fewer; and
  • Food or beverage is served for consumption within the structure or tenant space; and
  • If liquor will be sold, the owner or tenant has a liquor license; and
  • The single restroom facility is handicapped accessible; and
  • Fewer than two (2) restroom facilities existed before the remodeling or renovation; or it is necessary to convert more than one (1) restroom facility to a single restroom facility in order to have one (1) restroom facility which is handicapped accessible. Section 904.1. Insert: “12”

 

Section 3. That Sections 40.030-40.035 of the City of Holden, Missouri Code of Ordinances and all other ordinances or parts of ordinances in conflict herewith are hereby repealed.

 

Section 4. That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.

 

Section 5. That nothing in this ordinance or in the Plumbing 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 Section 3 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance.

 

Section 6. That the City Clerk is hereby ordered and directed to cause this ordinance to be published.

 

Section 7. That this ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect 60 days from and after the date of its final passage and adoption.

 

Sections 40.040-40.045.   International Mechanical Code

 

An ordinance of the City of Holden, Missouri adopting the 2009 edition of the International Mechanical Code, regulating and governing the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of mechanical systems in the City of Holden, Missouri; providing for the issuance of permits and collection of fees therefor; repealing Sections 40.040. – 40.045. of the City of Holden, Missouri Code of Ordinances and all other ordinances and parts of the ordinances in conflict therewith.

 

The City Council of the City of Holden, Missouri does ordain as follows:

 

Section 1.That a certain document, three (3) copies of which are on file in the office of the City Clerk of City of Holden, Missouri, being marked and designated as the International Mechanical Code, 2009 edition, including Appendix Chapter A, as published by the International Code Council, be and is hereby adopted as the Mechanical Code of the City of Holden, in the State of Missouri regulating and governing the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of plumbing systems 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 Mechanical Code on file in the office of the City of Holden, Missouri are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in Section 2 of this ordinance.

 

Section 2. The following sections are hereby revised:

Section 101.1. Insert: City of Holden, Missouri

Sections 103.1, 103.2, and 103.3 delete in their entirety.  Refer to Section 103 of International Building Code.

Section 106.5.2. Insert: “The fees referred to in this section shall be as indicated in Section

108.2.1 of the International Building Code”

Section 106.5.3. Insert: or first insert “90″, and for second insert “90″

Section 108.4 delete in its entirety, and add new Section 108.4 as follows:

Violation Penalties.  Violators of any provision of this Code as adopted shall constitute an offense under Chapter 13 of the Code of Ordinance of the City of Holden.

Section 108.5 delete in its entirety, and add new Section 108.5 as follows:

Unlawful Continuance.  Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be guilty of an offense.  Each day that a violation continues after due notice has been served shall be deemed a separate offense.

Section 109 delete in its entirety.

 

Section 3. That Sections 40.040. – 40.045. of the City of Holden, Missouri Code of Ordinances and all other ordinances or parts of ordinances in conflict herewith are hereby repealed.

 

Section 4. That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.

 

Section 5. That nothing in this ordinance or in the Mechanical 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 Section 2 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance.

 

Section 6. That the City Clerk is hereby ordered and directed to cause this ordinance to be published.

 

Section 7. That this ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect 60 days from and after the date of its final passage and adoption.

 

Sections 40.050-40.055.   International Fuel Gas Code

 

An ordinance of the City of Holden, Missouri adopting the 2009 edition of the International Fuel

Gas Code, regulating and governing fuel gas systems and gas-fired appliances in the City of

Holden, Missouri; providing for the issuance of permits and collection of fees therefor; repealing Sections 40.050. – 40.055. of the City of Holden, Missouri Code of Ordinances and all other ordinances and parts of the ordinances in conflict therewith.

 

The City Council of the City of Holden, Missouri does ordain as follows:

 

Section 1. That a certain document, three (3) copies of which are on file in the office of the City

Clerk of City of Holden, Missouri , being marked and designated as the International Fuel Gas

Code, 2009 edition, including Appendix Chapters A, B, C, and D, as published by the International

Code Council, be and is hereby adopted as the Fuel Gas Code of the City of Holden, in the 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 of Holden, Missouri are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in Section 2 of this ordinance.

 

Section 2. The following sections are hereby revised:

Section 101.1. Insert: City of Holden, Missouri

Sections 103.1, 103.2 and 103.3 delete in their entirety.  Refer to Section 103 of the International Building Code.

Section 104.8.  delete in its entirety.  Refer to Section 104, International Building Code. Section 106.6.1 amend to read, “Work commencing before permit issuance.  Any person who commences work on an installation before obtaining the necessary permits shall be subject to penalties of 100 percent of the usual permit fee in addition to the required permit fees.

Section 106.6.2. Insert: “The fees referred to in this section shall be as indicated in Section

108.2.1 of the International Building Code”

Section 106.6.3. Insert: Insert: or first insert “90″, and for second insert “90″  Section 108.4 delete in its entirety, and add new Section 108.4 as follows:

Violation Penalties. Violators of any provision of this Code as adopted shall constitute an offense under Chapter 13 of the Code of Ordinances of the City of Holden.

Section 108.5 delete in its entirety, and add new Section 108.5 as follows:

Unlawful Continuance.  Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be guilty of an offense.  Each day that a violation continues after due notice has been served shall be deemed a separate offense.

Section 109 delete in its entirety.

 

Section 3. That Sections 40.050-40.055 of the City of Holden, Missouri Code of Ordinances and all other ordinances or parts of ordinances in conflict herewith are hereby repealed.

 

Section 4. That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.

 

Section 5. That nothing in this ordinance or in the Fuel Gas 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 existing prior the adoption of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance.

 

Section 6. That the City Clerk is hereby ordered and directed to cause this ordinance to be published.

 

Section 7. That this ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect 60 days from and after the date of its final passage and adoption.

 

Sections 40.060-40.065.   International Fire Code

 

An ordinance of the City of Holden, Missouri adopting the 2009 edition of the International Fire Code, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises in the City of Holden, Missouri; providing for the issuance of permits and collection of fees therefor; repealing Sections 40.060.- 40.065. of the City of Holden, Missouri Code of Ordinances and all other ordinances and parts of the ordinances in conflict therewith.

 

The City Council of the City of Holden, Missouri does ordain as follows:

 

Section 1. That a certain document, three (3) copies of which are on file in the office of the City Clerk of City of Holden, Missouri, being marked and designated as the International Fire Code, 2009 edition, including Appendix Chapters B, C, D, E, F, G, H, H, I, and J, as published by the International Code Council, be and is hereby adopted as the Fire Code of the City of Holden, in the State of Missouri regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises 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 Fire Code on file in the office of the City of Holden, Missouri are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in Section 2 of this ordinance.

 

Section 2. That the following sections are hereby revised:

Section 101.1. Insert: City of Holden, Missouri

Section 102.7.  delete in its entirety Add new Section 102.7, as follows:

Subjects not regulated by this code.  Where no applicable standards or requirements are set forth in this code, or are contained within other laws, codes, regulations, ordinances or bylaws adopted by the City of Holden, compliance with the intent of this code shall be determined by the code official for the necessary protection of the health, safety and welfare of the residents of the City of Holden.  Nothing contained herein shall be deemed to adopt any standard promulgated by any association or board that has contributed to drafting of this code, unless such standard has been specifically set forth herein.  No standard of the National Fire Protection Association is adopted by the City of Holden by implication.

Section 103.1  amend General.  The first sentence shall read, the department of fire prevention is established within the jurisdiction under the direction of the Fire Chief, or his designee.

Sections 103.2 and 103.3. delete in their entirety.

Section 105.1.4  Add new section.  Fee Schedule.  The fees for permits referred to in

Section 105.1.2 item 1, Operational Permits, shall be as prescribed by Resolution of the Board of Aldermen from time to time. (Fees will be for selected items in Sections 105.6.1 thru 105.6.46.)  The fees for Permits referred to in Section 105.1.2 item 2, Construction Permits shall be as indicated in Section 108.2.1 of the International Building Code.

Section 108  delete in its entirety, Board of Appeals.

Section 109.3 delete in its entirety, and add new section as follows:

Violation Penalties.  Violation of any provision of this Code as adopted shall constitute an offense under Chapter 13 of the Code of Ordinances of the City of Holden.

 

Section 110.1.1  Add new last sentence to Unsafe conditions, which states, “If there is any conflict between this Fire Code and the Holden Code of Ordinances, the Holden Code of Ordinances  shall apply”.

Section 111.4.  Delete “liable to a fine of not less than [AMOUNT] dollars or more than

[AMOUNT] dollars.” and insert “of an offense.”

Section 307.2.2  Add new items number 1 and number 2 to Prohibited open burning as follows:

  1. Rubbish/waste consisting of combustible materials including, but not limited to, paper, cartons, rags and like substances is prohibited. Burning of materials that produce heavy, dark acrid smoke such as plastics, foam, Styrofoam and similar petroleum based materials is prohibited.
  2. Open burning of hazardous and toxic waste is prohibited.

Section 307.3. delete in its entirety, Exception # 2

Section 505.1.1.  add new section.  Address number size shall be increased by a minimum of two (2) inches for each fifty (50) feet the building is set back from the street, highway or road.

Section 505.1.2.  add new section.  If the building is not visible from the street, highway or road, the address shall be posted at the intersection of the driveway and the main road by separate signage.  If separate signage is used, numbers shall be installed so there is not less than three (3) feet nor more than five (5) feet from ground level to the numbers. Section 505.1.3. add new section.    If the property has a rear access drive or road, the address shall be posted on the rear of the building or at the roadway.

Section 506. delete in its entirety. Key boxes.

Section 907.2.10.4, Add two new sentences at the end which states, “Batteries in battery operated smoke detectors shall be replaced at least once every twelve (12) months.

Replacements shall be dated, in a permanent fashion, when installed.

Section 907.15.1. add new section.  Fire Alarms that are not monitored by a central station shall have each pull station, exterior horn/strobe and water motor gong signed as follows:

“Local Alarm Only, Call 9-1-1”.

Section 3301.1.3, Add new last sentence, Exception 4.  “These activities shall not take place within 200 feet of combustibles, such as gasoline storage tanks or service station fuel dispensing pumps”.

Section 3404.2.9.6.1 (geographic limits in which the storage of Class I and Class II liquids in above-ground tanks outside of buildings is prohibited): Delete

Section 3406.2.4.4 (geographic limits in which the storage of Class I and Class II liquids in above-ground tanks is prohibited): Delete

Section 3506.2 (geographic limits in which the storage of flammable cryogenic fluids in stationary containers is prohibited): Delete

Section 3801.2 delete in its entirety Permits.  Add new Section 3801.2 Permit Required.  A permit shall be obtained from the Fire Chief for each installation of Liquefied Petroleum gas utilizing storage containers in excess of one hundred twenty (120) gallons individual water capacity; when installations of storage quantities exceed one thousand (1,000)

gallons, the installer shall submit plans, and a copy of the State approved plans, if applicable, to the Fire Chief; if compliance with the requirements of this Code is shown by submitted plans, a permit may be issued.  Installations with an aggregate water capacity in excess of two thousand (2,000) gallons will not be allowed, unless approved by the Fire Chief, the Planning and Zoning Commission and with final approval of the Board of Aldermen.

Section 3804.2 (geographic limits in which the storage of liquefied petroleum gas is restricted for the protection of heavily populated or congested areas): Delete

Chapter 45 REFERENCED STANDARDS (replace standard).   Page 350 of the 2000 International Fire Code, Standard reference number EC-2000, “ICC Electrical Code – Administrative Provisions”, is to be replaced with, “NFPA 70, 2002 National Electric Code”.

 

Section 3. That Sections 40.060.- 40.065. of the City of Holden, Missouri Code of Ordinances and all other ordinances or parts of ordinances in conflict herewith are hereby repealed.

 

Section 4.That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.

 

Section 5. That nothing in this ordinance or in the Fire 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 Section 3 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance.

 

Section 6. That the City Clerk is hereby ordered and directed to cause this ordinance to be published.

 

Section 7. That this ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect 60 days from and after the date of its final passage and adoption.

 

Sections 40.070-40.075.   International Energy Conservation Code

 

An ordinance of the City of Holden, Missouri adopting the 2009 edition of the International Energy Conservation Code, regulating and governing energy efficient building envelopes and installation of energy efficient mechanical, lighting and power systems in the City of Holden, Missouri; providing for the issuance of permits and collection of fees therefor; repealing Sections 40.070. – 40.075. of the City of Holden, Missouri Code of Ordinances and all other ordinances and parts of the ordinances in conflict therewith.

 

The City Council of the City of Holden, Missouri does ordain as follows:

 

Section 1.  That a certain document, three (3) copies of which are on file in the office of the City

Clerk of City of Holden, Missouri, being marked and designated as the International Energy Conservation Code, 2009 edition, as published by the International Code Council, be and is hereby adopted as the Energy Conservation Code of the City of Holden, in the State of Missouri for regulating and governing energy efficient building envelopes and installation of energy efficient mechanical, lighting and power systems 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 Energy Conservation Code on file in the office of the City of Holden, Missouri are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in Section 2 of this ordinance.

 

Section 2.  The following sections are hereby revised:

Section 101.1. Insert: City of Holden, Missouri.

Section 104.3:  Add new section.  Fee Schedule.  The Fees for this Code shall be as indicated in Section 108.2.1 of the International Building Code.

Section 106.1  Delete in its entirety, General.

Section 106.2  Add new section.  Liability.  Refer to Section 104.8 of the International Building Code.

Section 106.3  Add new section.  Penalties.  Violation Penalties.  Violation of any provision of this Code as adopted shall constitute an offense under Chapter 13 of the Code of Ordinances of the City of Holden.

Section 106.4  Add new section.  Unlawful Continuance.  Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be guilty of an offense.  Each day that a violation continues after due notice has been served shall be deemed a separate offense.

Table 302.1  Insert under “Value” the following values:

Winter, Design Dry-bulb                    6

Summer, Design Dry-bulb                  96

Summer, Design Wet-bulb                77

Degree days heating                           5000

Degree days cooling                           1200

Climate zone                                       11 B

 

Section 3. That Sections 40.070. – 40.075. of the City of Holden, Missouri Code of Ordinances and all other ordinances or parts of ordinances in conflict herewith are hereby repealed.

 

Section 4.  That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.

 

Section 5.  That nothing in this ordinance or in the Energy Conservation 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 in existence prior to the adoption of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance.

 

 

Section 6.  That the City Clerk is hereby ordered and directed to cause this ordinance to be published.

 

Section 7.  That this ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect 60 days from and after the date of its final passage and adoption.

 

Sections 40.080-40.085.   International Residential Code

 

An ordinance of the City of Holden, Missouri adopting the 2009 edition of the International Residential Code, regulating and governing the construction, alteration, movement, enlargement, replacement, repair, equipment, location, removal and demolition of detached one-and two-family dwellings and multiple single-family dwellings (townhouses) not more than threes stories in height with separate means of egress in the City of Holden, Missouri; providing for the issuance of permits and collection of fees therefore; repealing Sections 40.080. – 40.085. of the City of Holden, Missouri Code of Ordinances and all other ordinances and parts of the ordinances in conflict therewith.

 

The City Council of the City of Holden, Missouri does ordain as follows:

 

Section 1. That a certain document, three (3) copies of which are on file in the office of the City clerk of City of Holden, Missouri, being marked and designated as the International Residential Code, 2009 edition, including Appendix Chapters A, B, C, D, E, F, G, H, I, J, K, M, N, O, P, and

Q, as published by the International Code Council, be and is hereby adopted as the Residential Code of the City of Holden, in the State of Missouri for regulating and governing the construction, alteration, movement, enlargement, replacement, repair, equipment, location, removal and demolition of detached one-and two-family dwellings and multiple single-family dwellings (townhouses) not more than threes stories in height with separate means of egress as herein provided; providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions and terms of said Residential Code on file in the office of the City of Holden, Missouri are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in Section 2 of this ordinance.

 

Section 1. (ORD #03-11) The Code of Ordinances of the City of Holden is hereby amended with the addition of the following provisions as Chapter 40.

 

Sub-Chapter 40.080. Key Lock Box System.

  1. All structures hereinafter shall be equipped with a key lock box at or near the main entrance or such other location required by the fire chief:
    • commercial or industrial structures protected by an automatic alarm system or automatic suppression system, or such structures that are secured in a manner that                       restricts access during an emergency;
    • multi-family residential structures that have restricted access through locked doors and have a common corridor for access to the living units;                  3)  governmental structures and nursing care facilities.
  2. All newly constructed structures or extensively remodeled structures subject to this section shall have the key lock box installed and operational prior to the issuance of a occupancy
  3. The fire chief shall designate the type of key lock box system to be implemented within the city and shall have the authority to require all structures to use the designated system.
  4. The owner or operator of a structure required to have a key lock box shall, at all times, keep a key in the lock box that will allow for access to the structure.
  5. The fire chief shall be authorized to implement rules and regulations for the use of the lock box system.
  6. Any person who owns or operates a newly constructed structure or extensively remodeled structure subject to this section shall be subject to the penalties set forth in Section 1 of this             code for any violation of this code for any violation of this section, provided that the             minimum fine for a conviction for a violation of this section shall be $100.00

 

Section 2. The following sections are hereby revised:

Section R101.1. Insert: City of Holden, Missouri

Section R103.  Delete in its entirety. Department of Building Safety.  Refer to Section 103 of the International Building Code.

Section R105.2 Work exempt from permit.  Under Electrical: Add new last sentence, “A permit shall not be required for normal repair or replacement of any part which does not alter the electrical systems original approval or make it unsafe”.

Section R105.3.2. Delete in its entirety and add the following:

Expiration.  Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within one hundred eighty (180) days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of one hundred eighty (180) days after the time work is commenced.  The building official is authorized to grant, in writing, one or more extensions of any building permit, but in no event shall any permit be valid for more than one year after its issuance.  Any extension sought hereunder shall be requested in writing and shall demonstrate justifiable cause.

Section R108.2.1; Add a new section. Fee Schedule.  The fees referred to in Section R108.2 shall be as indicated in Section 108.2.1 of the International Building Code.

Section R108.5:  amend to read, “Refunds shall be as indicated in Section 108.6 of the International Building Code.

Section R110.4 Delete in its entirety.  Refer to Section 110.4 of the International Building Code for Temporary Occupancy.

Section R112. Delete in its entirety.

Section R113.4 Delete in its entirety.  Add new Section R113.4.  PENALTIES.  Violation of any provision of this Code as adopted shall constitute an offense under Chapter 13 of the Code of Ordinances of the City of Holden.

 

Table R301.2 (1) Insert:

 

Table R301.2 (1)

CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA TABLE INSET:

 

 GROUND

SNOW

LOAD

WIND SPEED

d

(mph)

SEISMIC

DESIGN CATEGORY

f

Soil Site Class SUBJECT TO DAMAGE FROM
Weathering  a Frost line depth  b

 

Termite  c
20 psf 90 A D Severe 36 Moderate To Heavy

 

 

TABLE INSET:

 

  WINTER

DESIGN

TEMP  e

ICE BARRIER

UNDERLAYMENT

REQUIRED  h

FLOOD

HAZARDS  g

AIR

FREEZING

INDEX  i

MEAN

ANNUAL

TEMP  j

6° F No FEMA FIRM, 1976 1000° F-days 53° F

 

Section P2503.5.2 Delete item #2.

Section P2503.7.2.  Add new last sentence, “All testing of backflow preventers shall be by State Certified Back Flow Tester”, as required by Missouri State Law.

Section E3306.2 Add new last sentence to Conductor material, which reads:

Where an owner is doing work on owner’s personal residence, all wiring from the point of   utility connection into the structure shall be of copper conductors.

 

Section E3501.6.2  Add new last sentence to Service disconnect location, which reads, “Not more than ten (10) feet of unbreakered or unfused service entrance cable shall be used inside a building without an over current protected main disconnect.”

 

 

Table E3503.1, Delete Aluminum and Copper-clad Aluminum conductors from AWG sizes 2/0 and smaller.  Delete Aluminum Grounding Electrode conductors from table E3503.1, AWG sizes 2 and smaller.

 

Section E3505.5, Section E3702.3.2, and Section E3703.3, Add new last sentence to Protection of service cables against damage, which reads, “All unbreakered or unfused service entrance conductors shall be protected by a minimum of appropriate sized Schedule 40 PVC nonmetallic conduit, from the meter enclosure to the first main disconnect enclosure, with male adapter, lock nut, and bushing to protect wire and insulation.

 

Section AE304.1;  Add new last sentence to Permit Fees.  All fees shall be figured as indicated in Section 108.2.1 of the International Building Code.

Section 3. That Sections 40.080. – 40.085. of the City of Holden, Missouri Code of Ordinances and all other ordinances or parts of ordinances in conflict herewith are hereby repealed.

 

Section 4. That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.

 

Section 5 That nothing in this ordinance or in the Residential 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 affecting building codes in existence prior to this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance.

 

Section 6. That the City Clerk is hereby ordered and directed to cause this ordinance to be published.

 

Section 7. That this ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect 60 days from and after the date of its final passage and adoption.

 

Sections 40.090-40.095.   

ADOPTION OF THE NFPA 70, 2008 NATIONAL ELECTRICAL CODE 

An ordinance of the City of Holden, Missouri adopting the NFPA 70, 2008 edition of the National Electrical Code, regulating and governing the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of electrical systems in the City of Holden, Missouri; providing for the issuance of permits and collection of fees therefore; repealing Sections 40.090-40.095 of the City of Holden, Missouri Code of Ordinances and all other ordinances and parts of the ordinances in conflict therewith.

 

The City Council of the City of Holden, Missouri does ordain as follows:

Section 1. That a certain document, three (3) copies of which are on file in the office of the City Clerk of City of Holden, Missouri, being marked and designated as the National Electrical Code (2008), promulgated as a standard of the National Fire Protection Association, be and is hereby adopted as the Electrical Code of the City of Holden, in the State of Missouri for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of electrical systems 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 Electrical Code on file in the office of the City of Holden, Missouri are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance.

Section 2. The following sections are hereby revised:

Section 80.2, Delete Chief Electrical Inspector, and Electrical Inspector.  Refer to Section 103.1 of the International Building Code.

Section 80.13(2), delete the words “as established by the Board.” Section 80.13 (13), delete last two words and insert, “24 hours.” Section 80.15 Delete in its entirety.

Section 80.19(C)(1) Delete in its entirety, and insert new Section 80.19(C)(1), Work exempt

from permit.  “The following work shall be exempt from the requirements for a permit.  Repairs and maintenance of existing approved installations of electric wiring, equipment and systems that are not in violation of the Electric Code in effect at the time of the Original Installation”.  However, addition to, alteration of, or relocation of any electric wiring, electrical equipment, or electrical wiring systems shall require minimum plans and a permit.  Exemption from the permit requirements of this code shall not be deemed to grant authorization for work to be done in violation of the provisions of this code or other laws or ordinances of this jurisdiction.

Section 80.19(E) Delete in its entirety, and Enact a new Section 80.19(E):  Fee Schedule.  The fees referred to in Section 404.1 shall be as indicated in Section 108.2.1 of the International Building Code.

 

Section 80.19(F)(3), in last sentence delete the blank space and word “days” and insert, “24 hours”.

Section 80.23(B) Delete in its entirety, Penalties.  Enact new Section 80.23(B) Violation Penalties. Violation of any provision of this Code as adopted shall constitute an offense under Chapter 13 of the Code of Ordinances of the City of Holden.

Section 80.25(B) amend the last sentence to read, “The Building Official, or his authorized representative, shall determine what needs are permitted under this provision”.

Section 80.25(C)  Insert the number (2) two in blank space.

Section 80.25(E)  amend the last sentence to read, “—fifteen (15) business days or a longer period as may be specified by the ‘Building Official’, the ‘Building Official’ shall have the authority to cause the disconnection of that portion of the installation that is not in conformity.”

Section 80.27 Delete in its entirety, Inspector’s Qualifications  Section 80.29  Insert the word “City” in the blank space.

Sections 80.31, 80.33, and 80.35 Delete in their entirety.

Section 210.12  Delete in its entirety, Arc-Fault Circuit-Interrupter Protection.

Section 230-32, Add new last sentence in that reads, “All unbreakered or unfused service entrance conductors shall be protected by a minimum of appropriate sized Schedule 40 PVC nonmetallic conduit, from the meter enclosure to the first main disconnect enclosure, with male adapter, lock nut, and bushing to protect wire and insulation.  Not more than ten (10) feet of unbreakered or unfused service entrance cable shall be used inside a building without an over current protected main disconnect.”

 

Section 3. That Sections 40.090-40.095 of the City of Holden, Missouri Code of Ordinances and all other ordinances or parts of ordinances in conflict herewith are hereby repealed.

Section 4 That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.

Section 5. That nothing in this ordinance or in the Electrical 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 Section 2 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance.

Section 6. That the City Clerk is hereby ordered and directed to cause this ordinance to be published.

Section 7. That this ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect 60 days from and after the date of its final passage and adoption.

 

ORDINANCE FOR ADOPTION OF THE 2009 INTERNATIONAL EXISTING BUILDING

CODE

 

An ordinance of the City of Holden, Missouri adopting the 2009 edition of the International Existing Building Code, regulating and governing the repair, alteration, change of occupancy, addition and relocation of existing buildings, including historic buildings, in the City of Holden, Missouri; providing for the issuance of permits and collection of fees therefore.

 

The City Council of the City of Holden, Missouri does ordain as follows:

 

Section 1. That a certain document, three (3) copies of which are on file in the office of the City

Clerk of City of Holden, Missouri, being marked and designated as the International Existing

Building Code, 2009 edition, including Appendix Chapters A and B, as published by the

International Code Council, be and is hereby adopted as the Existing Building Code of the City of Holden, in the State of Missouri for regulating and governing the repair, alteration, change of occupancy, addition and relocation of existing buildings, including historic buildings, 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 Existing Building Code on file in the office of the City of Holden, Missouri are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in Section 2 of this ordinance.

 

Section 2. The following sections are hereby revised:  Section 101.1 Insert: City of Holden, Missouri

Section 1301.2 Insert: [DATE IN ONE LOCATION]

 

Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.

 

Section 4. That nothing in this ordinance or in the Existing 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 in existence prior to the adoption of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance.

 

Section 5. That the City Clerk is hereby ordered and directed to cause this ordinance to be published.

 

Section 6. That this ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect 60 days from and after the date of its final passage and adoption.

 

ORDINANCE FOR ADOPTION OF THE 2009 INTERNATIONAL PROPERTY MAINTENANCE CODE

 

An ordinance of the City of Holden, Missouri adopting the 2009 edition of the International Property Maintenance Code, regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures in the City of Holden, Missouri; providing for the issuance of permits and collection of fees therefore; amending portions of Chapters 41 and 67 of the City of Holden, Missouri Code of Ordinances pertaining to property maintenance issues.

 

The City Council of the City of Holden, Missouri does ordain as follows:

 

Section 1. That a certain document, three (3) copies of which are on file in the office of the City Clerk of City of Holden, Missouri, being marked and designated as the International Property Maintenance Code, 2009 edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the City of Holden, in the State of Missouri for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the City of Holden, Missouri are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in Section 2 of this ordinance.

 

Section 2. The following sections are hereby revised:

Section 101.1. Insert: City of Holden, Missouri

Section 103. Delete in its entirety. Department of Property Maintenance Inspection.  Refer to Section 103 of the International Building Code.

Section 112.4. Delete in its entirety. Refer to Section 114 of the International Building Code.

Section 302.4. Insert: “12”

Section 304.14. Insert: [DATES IN TWO LOCATIONS]

Section 602.3. Insert: [DATES IN TWO LOCATIONS]

Section 602.4. Insert: [DATES IN TWO LOCATIONS]

 

Section 3. That portions of Chapters 41 and 67of the City of Holden, Missouri Code of Ordinances be amended to include the provisions of this ordinance pertaining to property maintenance.

 

Section 4. That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.

 

Section 5. That nothing in this ordinance or in the Property Maintenance 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 amended as cited in Section 3 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance.

 

Section 6. That the City Clerk is hereby ordered and directed to cause this ordinance to be published.

 

Section 7. That this ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect 60 days from and after the date of its final passage and adoption.