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HomeMy Public PortalAboutORD16241BILL NO. 2022-022 SPONSORED BY Councilmember Fitzwater /102/ ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CITY CODE, CHAPTER 8, ARTICLE II, SECTION 8-18, SECTION 8-19, SECTION 8-21, SECTION 8-22, SECTION 8-23, SECTION 8-24, SECTION 8-25, AND SECTION 8-26 BY REPLACING THE ADOPTION OF THE 2015 INTERNATIONAL BUILDING CODE, 2015 INTERNATIONAL RESIDENTIAL CODE, 2015 INTERNATIONAL EXISTING BUILDING CODE, AND 2015 INTERNATIONAL SWIMMING POOL AND SPA CODE AND THEIR AMENDMENTS BY ADOPTION OF THE 2018 INTERNATIONAL BUILDING CODE, 2018 INTERNATIONAL RESIDENTIAL CODE, 2018 EXISTING BUILDING CODE, AND 2018 INTERNATIONAL SWIMMING POOL AND SPA CODE AND AMENDMENTS. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The City Code, Chapter 8 (Buildings and Building Regulations), Section 8-18 (Adoption of the 2015 International Building Code), is hereby deleted and the following is added in lieu thereof: Sec. 8-18. Adoption of the 2018 International Building Code. The 2018 International Building Code, published 1� the International Code Council Inc., is hereby adopted and incorporated herein reference as the Building Code of the City of Jefferson, Missouri with the additions, insertions, deletions and changes contained within this chapter. (Code 1977, § 8-1; Ord. No. 10397, § 6, 4-1-85; Code 1983, § 7-18; Ord. No. 11201, § 4-17-89; Ord. No. 11578, § 4, 5-20-91; Ord. No. 12757, § 4, 6-1-98; Ord. 13577, I, 7-21-2003; Ord. 14105, § 1, 10-16-2006; Ord. 14483, § 1, 3-2-2009; Ord. No. 14973, § 1, 5-21-2012; Ord. No. 15706, § 1, 8-21-2017) Section 2. The City Code, Chapter 8 (Buildings and Building Regulations), Section 8-19 (Amendments to the 2015 International Building Code), is hereby deleted and the following is added in lieu thereof: Sec. 8-19. Amendments to the 2018 International Building Code. The following additions, insertions, deletions and changes are made to the 2018 International Building Code otherwise referred to herein as the Building Code of the City of Jefferson: Section 101.1 Title. Insert the words "City of Jefferson" as name of jurisdiction. Section 103 Department of Building Safety. Delete Section in its entirety and replace with the following: Section 103.1 Creation of enforcement agency. The department of building safety known as the Department of Planning and Protective Services is hereby continued and the executive official in charge thereof shall be known as the Director of Planning and Protective Services. Wherever the Editor's note: Deleted language shown thus. Added language shown thus. Editor’s note: Deleted language shown thus. Added language shown thus. words Building Official appear in this Code, it shall be held to mean the Director of Planning and Protective Services or his or her designee. Section 103.2 Appointment. The Director of Planning and Protective Services shall be appointed and removed as provided by the City Code. Section 103.3 Deputies. The Director of Planning and Protective Services shall recommend to the City Administrator the employment of building inspectors, plan examiners and other employees in sufficient numbers to assure enforcement of the Building Code. Section 105.2 Work exempt from permit. Delete Building item 2. Fences not over 7 feet (2134 mm) high. Section 106 Floor and roof design loads. Delete this section in its entirety. Section 107 Submittal documents. Insert the following at the end of the section: As a normal practice, the Building Official has waived the detailed administrative reporting requirements of Section 1704. The designer of record shall submit the following as part of the submittal documents (Section 107): 1. Summary of contracted construction administration services for the designer and sub-consultants of record 2. A summary description of Special Inspections ordered 3. Name of all testing agencies The testing agency(s) shall submit a summary report to the Building Official at the end of the project listing all special inspections performed with a list of all failed tests and their respective corrective action(s) for the permit file. Section 109 Fees: Add the following to this section: Section 109.7 Fee Schedule. The fees for building construction permits shall be set in Appendix Y of the Code of the City of Jefferson. Section 109.8 Fee for penalty for failure to obtain a building permit. Where work for which a permit is required by this Code is started prior to obtaining said permit, the fees specified in Appendix Y of the Code of the City of Jefferson shall be doubled. Should any person, firm or corporation commit a second offense by starting work without permit after so doing on a previous occasion, he shall pay three times the customary fee in order to obtain the necessary permit. Any offense shall subject the offender to prosecution under section 114.4. In the event any person firm or corporation fails to obtain the necessary permit(s) within 5 days after being notified in writing to do so by the Code official, he shall pay in addition to the usual fee or increased penalty as provided above the sum of $25.00 for each day in excess of the aforesaid 5 days that transpire prior to his or her obtaining the necessary permit. The payment of any or several of the above stated penalty fees shall not relieve any person, firm or corporation from fully complying with the requirements of this code in the execution of the work nor from any other penalties prescribed herein, or in the City Code. Section 113 Board of Appeals. Delete Section in its entirety and replace with the following: Section 113.1 Judicial review. Any owner, agent or other person shall have the right to seek judicial review of a decision of the Building Official refusing to grant a modification to the provisions of this Code covering the manner of construction or materials to be used in the erection, alteration or repair of a building or structure. The petition for judicial review shall be to the circuit court of Cole County as established in Article 536 of the Revised Statutes of Missouri. Section 114.4 Violation Penalties: Delete Section in its entirety and replace with the following: 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 or repair a building or structure in violation Editor’s note: Deleted language shown thus. Added language shown thus. 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 punished by a fine as set forth in Section 1-13 of the City Code. Each day that a violation continues shall be deemed a separate offense. Section 305.2.3 Five or few children in a dwelling unit. Replace "five" with "ten" in the title and text of this section. Section 308.5.4 Five or fewer persons receiving care in a dwelling unit. Replace "five" with "ten" in the title and text of this section. Section 423 Storm Shelters. Modify this section as follows: Section 423.1 General.: Modify the first sentence to read: “This section applies to the new construction of storm shelters constructed as separate detached buildings or constructed as rooms or spaces within buildings for the purpose of providing protection from storms that produce high winds, such as tornadoes and hurricanes, during the storm. Section 423.2 Construction.: Insert after the first sentence: “The City of Jefferson design wind speed under ICC 500 Section 304.2 shall be 200 miles per hour.” Section 423.4 Group E occupancies.: Replace “occupant load of 50” with “occupant load of 100”. Section 1612.3 Establishment of flood hazard areas. Replace “[INSERT NAME OF JURISDICTION]” with “City of Jefferson City” and replace “[INSERT DATE OF ISSUANCE]” with “November 2, 2012”. Section 1809.5 Frost protection. Add to item 1 the following sentence: The frost line of the City of Jefferson is twenty-four (24) inches. Section 3001.2 Emergency elevator communication systems for the deaf, hard of hearing and speech impaired. Delete this section in its entirety. Section 3113.1 General. Add the following exception: This section shall not apply to one-story detached relocatable buildings less than 400 square feet in floor area being used as offices or storage for permitted work on a permanent building or structure on the same parcel. (Ord. No. 10221, § 1, 6-4-84; Ord. No. 11201, § 3, 4-17-89; Ord. No. 11578, § 3, 5-20-91; Ord. No. 11704, § 2, 2-3- 92; Ord. No. 12757, § 3, 6-1-98; Ord. 13577, § 2, 7-21-2003; Ord. 14483, § 2, 3-2-2009; Ord. No. 15706, § 2, 8-21- 2017) Section 3. The City Code, Chapter 8 (Buildings and Building Regulations), Section 8 -21 (Adoption of the 2015 International Residential Code), is hereby deleted and the following is added in lieu thereof: Sec. 8-21 Adoption of the 2018 International Residential Code The 2018 International Residential Code, for One and Two Family Dwellings, published by the International Code Council, including Appendix J, is hereby adopted and incorporated herein by reference as the Residential Code of the City of Jefferson, Missouri with the additions, insertions, deletions and changes contained within this chapter. (Ord. No. 15706, § 3, 8-21-2017) Section 4. The City Code, Chapter 8 (Buildings and Building Regulations), Section 8 -22 Editor’s note: Deleted language shown thus. Added language shown thus. (Amendments to the 2015 International Residential Code), is hereby deleted and the following is added in lieu thereof: Sec. 8-22 Amendments to the 2018 International Residential Code. The following additions, insertions, deletions and changes are made to the 2018 International Residential Code, for One- and Two-Family Dwellings otherwise referred to herein as the Residential Code of the City of Jefferson: Section R101.1 Title. Insert the words "City of Jefferson" as name of jurisdiction. Section R101.2 Scope. Within Exception 2, remove the words “five or fewer” and replace with “four or five”. Section R103 Department of Building Safety. Delete Section in its entirety and replace with the following: Section R103.1 General. The department of building safety known as the Department of Planning and Protective Services is hereby continued and the executive official in charge thereof shall be known as the Director of Planning and Protective Services. Wherever the words Building Official appear in this Code, it shall be held to mean the Director of Planning and Protective Services or his or her designee. Section R103.2 Appointment. The Director of Planning and Protective Services shall be appointed and removed as provided by the City Code. Section R103.3 Deputies. The Director of Planning and Protective Services shall recommend to the City Administrator the employment of building inspectors, plans examiners and other employees in sufficient numbers to assure enforcement of the Residential Code. Section R105.2 Work exempt from permits. Delete Building Item 2 and replace with: 2. Non-structural building envelope repair work for existing structures. Section R108 Fees. Add the following to this section: Section R108.7 Fee Schedule. The fees for building construction permits shall be set in Appendix Y of the Code of the City of Jefferson. Section R108.8 Fee for penalty for failure to obtain a building permit. Where work for which a permit is required by this Code is started prior to obtaining said permit, the fees specified in Appendix Y of the Code of the City of Jefferson shall be doubled. Should any person, firm or corporation commit a second offense by starting work without permit after so doing on a previous occasion, he shall pay three times the customary fee in order to obtain the necessary permit. Any offense shall subject the offender to prosecution under section R113.4. In the event any person firm or corporation fails to obtain the necessary permit(s) within 5 days after being notified in writing to do so by the Code official, he shall pay in addition to the usual fee or increased penalty as provided above the sum of $25.00 for each day in excess of the aforesaid 5 days that transpire prior to his or her obtaining the necessary permit. The payment of any or several of the above stated penalty fees shall not relieve any person, firm or corporation from fully complying with the requirements of this code in the execution of the work nor from any other penalties prescribed herein, or in the City Code. Section R112 Board of Appeals. Delete this section in its entirety and replace with: Section R112.1 General. Any owner, agent or other person shall have the right to seek judicial review of a decision of the code official refusing to grant a modification to the provisions of this Code covering the manner of construction or materials to be used in the erection, alteration or repair of Editor’s note: Deleted language shown thus. Added language shown thus. work covered by this code. The petition for judicial review shall be to the circuit court of Cole County as established in Article 536 of the Revised Statutes of Missouri. Section R113.4 Violation Penalties. Delete Section in its entirety and replace with the following: 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 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 punished by a fine as set forth in Section 1-13 of the City Code. Each day that a violation continues shall be deemed a separate offense. Section R114.2 Unlawful continuance. Delete section in its entirety and replace with the following: 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 for penalties specified in Section R113.4. Table R301.2(1) Climatic and Geographic Design Criteria. Use the following values for the table: Ground Snow Load – 20 PSF Wind Design Speed – 115 MPH Wind Design Topographic Effects – NO Wind Design Special Wind Region – NO Wind Design Windborne Debris Zone – NO Seismic Design Category – B Subject to Damage from Weathering – SEVERE Subject to Damage from Frost Line Depth – 24 INCHES Subject to Damage from Termite – MODERATE TO HEAVY Winter Design Temp - 4°F Ice Barrier Underlayment Required – YES Flood Hazards – Ordinance passed: March 19, 1980; flood maps dated November 2, 2012 Air Freezing Index – 903 Mean Annual Temp – 55°F Section R302.5.1 Opening protection. Delete “equipped with a self-closing or automatic-closing device” from the end of the section. Section R302.11 Fireblocking. Delete item 4. Section R302.13 Fire protection of floors. Add the following exceptions: 5. Open-web wood truss floor joists with draft stopping per 1,000 square feet. 6. Closed-web wood joists with one (1) hour fire treating. Section R307.1 Space required. Add the following: 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 unit. Section R309.5 Fire sprinklers. Delete this section in its entirety. Editor’s note: Deleted language shown thus. Added language shown thus. Section R311.7.3 Vertical rise. Delete this section in its entirety. Section R311.7.5.1 Risers. Add exception: 3. Closed risers are not required on exterior stairs where the riser is less than ten (10) feet above grade. Section R312.2 Window fall protection. Delete this section in its entirety. Section R313 Automatic fire sprinkler systems. Delete this section in its entirety and insert the following: R313.1 General. A builder of a single family dwelling or residences or multi-unit dwellings of four 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. Pursuant to RSMo. §67.281, the purchasers 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 or fewer units is hereby incorporated. Section R314.4 Interconnection. Replace the beginning of the Exception paragraph first sentence (Interconnection of smoke alarms in existing areas shall not be required…) with: Exception: "Interconnection of smoke alarms in existing areas may use wireless technology or shall not be required…" Section R403.1.3.3 Slabs-on-ground with turned-down footings. Delete seismic categories from the first sentence. Section R404.4 Retaining walls. Add the following to the end of the section: Exception: Cast-in-place walls retaining up to 96 inches of unbalanced fill, or up to 48 inches in height that resist lateral loads in addition to soil, shall not require engineering. Section R602.3.1 Stud size, height and spacing. Add the following sentence to the end of Exception 2: Alternatively, 2 x 6 No. 2 grade studs supporting a roof and floor load with not more than ten (10) feet of tributary length shall have a maximum stud height of fourteen (14) feet. Chapter 11 Energy Efficiency. Delete the chapter in its entirety and insert in its place Chapter 11 of the 2009 edition of the International Residential Code. Section AJ102.4.4 Window control devices. Delete the section in its entirety. (Code 1977, § 8-10; Ord. No. 9536, §§ 2, 3, 10 -20-80; Ord. 13577, § 2, 7-21-2003; Ord. 14272, § 5, 10-15-2007; Ord. 14437, § 1, 11-17-2008; Ord. 14483, § 2, 3-2-2009; Ord. No. 15706, § 4, 8-21-2017) Section 5. The City Code, Chapter 8 (Buildings and Building Regulations), Section 8 -23 (Adoption of the 2015 International Existing Building Code), is hereby deleted and the following is added in lieu thereof: Sec. 8-23. Adoption of the 2018 International Existing Building Code. The 2018 International Existing Building Code, published by the International Code Council, Inc., is hereby adopted and incorporated herein by reference as the Existing Building Code of the City of Jefferson, Missouri with the additions, insertions, deletions and changes contained within this chapter. Editor’s note: Deleted language shown thus. Added language shown thus. (Ord. No. 15707, § 1, 8-21-2017) Section 6. The City Code, Chapter 8 (Buildings and Building Regulations), Section 8 -24 (Amendments), is hereby deleted and the following is added in lieu thereof: Sec. 8-24. Amendments to the 2018 International Existing Building Code. The following additions, insertions, deletions and changes are made to the 2018 International Building Code, otherwise referred to herein as the Existing Building Code of the City of Jefferson: Section 101.1 Title. Insert the words "City of Jefferson" as name of jurisdiction. Section 103 Department of Building Safety. Delete Section in its entirety and replace with the following: Section 103.1 Creation of enforcement agency. The department of building safety known as the Department of Planning and Protective Services is hereby continued and the executive official in charge thereof shall be known as the Director of Planning and Protective Services. Wherever the words Building Official appear in this Code, it shall be held to mean the Director of Planning and Protective Services or his or her designee. Section 103.2 Appointment. The Director of Planning and Protective Services shall be appointed and removed as provided by the City Code. Section 103.3 Deputies. The Director of Planning and Protective Services shall recommend to the City Administrator the employment of building inspectors, plan examiners and other employees in sufficient numbers to assure enforcement of the Building Code. Section 105.2 Work exempt from permit. Add the following under the Building portion: 7. Non-structural building envelope repair work for existing structures covered under the International Residential Code for One- and Two-family Dwellings. Section 108 Fees: Add the following to this section: Section 108.7 Fee Schedule. The fees for building construction permits shall be set in Appendix Y of the Code of the City of Jefferson. Section 112 Board of Appeals. Delete Section in its entirety and replace with the following: Section 113.1 Judicial review. Any owner, agent or other person shall have the right to seek judicial review of a decision of the Building Official refusing to grant a modification to the provisions of this Code covering the manner of construction or materials to be used in the erection, alteration or repair of a building or structure. The petition for judicial review shall be to the circuit court of Cole County as established in Article 536 of the Revised Statutes of Missouri. Section 113.4 Violation Penalties: Delete Section in its entirety and replace with the following: 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 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 punished by a fine as set forth in Section 1-13 of the City Code. Each day that a violation continues shall be deemed a separate offense. Section 116.6 Hearing. Delete section in its entirety. Section 702.4 Window opening control devices on replacement windows. Delete the text “and one- and two- family dwellings and townhouses regulated by the International Residential Code” from the first sentence. Section 1002.1 Compliance with the building code. Editor’s note: Deleted language shown thus. Added language shown thus. Replace “the building shall comply with all of the applicable requirements” with “the affected portion of the building shall comply with all of the applicable requirements”. Section 1301.2 Applicability. In the first sentence, replace “Structures existing prior to [DATE TO BE INSERTED BY THE JURISDICTION], in which there is work” with “Existing structures in which there is work”. (Ord. No. 15707, § 1, 8-21-2017) Section 7. The City Code, Chapter 8 (Buildings and Building Regulations), Section 8 -25 (Adoption of the 2015 International Swimming Pool and Spa Code), is hereby deleted and the following is added in lieu thereof: Sec. 8-25. Adoption of the 2018 International Swimming Pool and Spa Code. The 2018 International Swimming Pool and Spa Code, published by the International Code Council, Inc., is hereby adopted and incorporated herein by reference as the Swimming Pool and Spa Code of the City of Jefferson, Missouri with the additions, insertions, deletions and changes contained within this chapter. (Ord. No. 15708, § 1, 8-21-2017) Section 8. The City Code, Chapter 8 (Buildings and Building Regulations), Section 8 -26 (Amendments), is hereby deleted and the following is added in lieu thereof: Sec. 8-26. Amendments to the 2018 International Swimming Pool and Spa Code. The following additions, insertions, deletions and changes are made to the 2018 International Swimming Pool and Spa Code, otherwise referred to herein as the Swimming Pool and Spa Code of the City of Jefferson: Section 101.1 Title. Insert the words "City of Jefferson" as the name of jurisdiction. Section 103 Department of Building Safety. Delete Section in its entirety and replace with the following: Section 103.1 General. The department of building safety known as the Department of Planning and Protective Services is hereby continued and the executive official in charge thereof shall be known as the Director of Planning and Protective Services. Wherever the words code official appear in this Code, it shall be held to mean the Director of Planning and Protective Services or his or her designee. Section 103.2 Appointment. The Director of Planning and Protective Services shall be appointed and removed as provided by the City Code. Section 103.3 Deputies. The Director of Planning and Protective Services shall recommend to the City Administrator the employment of building inspectors, plans examiners and other employees in sufficient numbers to assure enforcement of the Residential Code. Section 105.6.2 Fee schedule. Delete this section and replace with the following: The fees for construction permits shall be set in Appendix Y of the Code of the City of Jefferson. Section 105.6.3 Fee refunds. Delete this section in its entirety. Section 107.4 Violation penalties. Delete this section and replace with the following: Any person who shall violate a provision of this Code or shall fail to comply with any of the requirements thereof or who repairs or alters or changes the occupancy of a building or structure in violation of the approved construction documents or directive of the code official or of a permit or certificate issued under the provisions of this code, shall be punished a a fine as set forth in Section 1-13 of the City Code. Each day that a violation continues shall be deemed a separate offense. Section 107.5 Stop work orders. In the last sentence, replace "shall be liable to a fine of not less than IAMOUNTI dollars or more than JAMOUNTI dollars." with "shall be liable for penalties as specified in Section 107.4." Section 108 Means of Appeal. Delete this section and replace with the following: Section 108.1 Judicial review. Any owner, agent or other person shall have the right to seek judicial review of a decision of the code official refusing to grant a modification to the provisions of this code covering the manner of construction or materials to be used in the erection alteration or repair of work covered la this code. The petition for judicial review shall be to the circuit court of Cole County as established in Article 536 of the Revised Statutes of Missouri. (Ord. No. 15708, § 2, 8-21-2017) Section 9. This Ordinance shall be in full force and effect from 60 calendar days after the date of its passage and approval. Presiding Officer ATTEST: --(1/1/144/Pi41410611Y2 City C erk APPROVED AS TO FORM: City Attorney Editor's note: Deleted language shown thus. Added language shown thus.