city code, indep... · 2020. 3. 27. · adoption of international plumbing code .....4-53 4.04.002....

City Code, Indep., MO CHAPTER 4 BUILDING, PLUMBING AND ELECTRICAL INSTALLATIONS ARTICLE 1. PROPERTY MAINTENANCE CODE

SECTION PAGE

4.01.001. Title, Scope, Intent and Applicability .................................................................. 4-1 4.01.002. Definitions ........................................................................................................... 4-2 4.01.003. Maintenance Required ......................................................................................... 4-7 4.04.004. Approved Materials and Equipment .................................................................... 4-7 4.01.005. Duties and Powers of Code Official .................................................................... 4-8 4.01.006. Violations ............................................................................................................. 4-9 4.01.007. Notices and Orders ..............................................................................................4-10 4.01.008. Dangerous Buildings ...........................................................................................4-13 4.01.009. Unsafe to Occupy ............................................................................................... 4-18a 4.01.010. Recovery of Costs ................................................................................................4-19 4.01.011. Structures and Exterior Property Areas ...............................................................4-19 4.01.012. Exterior Structures ...............................................................................................4-24 4.01.013. Interior Structures ................................................................................................4-26 4.01.014. Light, Ventilation and Occupancy Limitations ....................................................4-27 4.01.015. Occupancy Limitations ........................................................................................4-29 4.01.016. Required Plumbing Facilities ..............................................................................4-30 4.01.017. Water Supply Systems .........................................................................................4-31 4.01.018. Drainage Systems ................................................................................................4-32 4.01.019. Heating Facilities .................................................................................................4-32 4.01.020. Mechanical Equipment ........................................................................................4-32 4.01.021. Electrical Facilities ..............................................................................................4-32 4.01.022. Electrical Equipment ...........................................................................................4-33 4.01.023. Elevators, Escalators and Dumbwaiters ...............................................................4-33 4.01.024. Fire Hazard Defined ............................................................................................4-33 4.01.025. Means of Egress ...................................................................................................4-33 4.01.026. Accumulations and Storage .................................................................................4-35 4.01.027. Fire Resistance Ratings ........................................................................................4-35 4.01.028. Fire Protections Systems......................................................................................4-35 4.01.029. Smoke and Heat Detection ..................................................................................4-36 4.01.030. Flammable Gas Meters and Appliances ..............................................................4-36 4.01.031. Solid Fuel .............................................................................................................4-37 4.01.032. Validity ................................................................................................................4-37 4.01.033 - 4.01.999 RESERVED ........................................................................................4-37

ARTICLE 2. CONTRACTOR LICENSING REQUIREMENTS

4.02.001. Intent ....................................................................................................................4-39 4.02.002. Contractor Defined ..............................................................................................4-39 4.02.003. Definitions………...…………………………………………………………….4-39 4.02.004. Exclusions ............................................................................................................4-39 4.02.005. Contractor Responsible For All Work .................................................................4-40 4.02.006. Contractor Insurance ............................................................................................4-40 4.02.007. Hearings ...............................................................................................................4-41 4.02.008. Rules and Regulations .........................................................................................4-41

Revised 10/23/2018 4-i

City Code, Indep., MO

CHAPTER 4: BUILDING, PLUMBING AND ELECTRICAL INSTALLATIONS

ARTICLE 2. GENERAL CONTRACTOR REQUIREMENTS (continued)

SECTION PAGE 4.02.009. Licenses Authorized ............................................................................................ 4-41 4.02.010. Application Form and Fee ................................................................................... 4-41 4.02.011. Renewal of License ............................................................................................. 4-41 4.02.012. Inactive License ................................................................................................... 4-42 4.02.013. Delinquent License .............................................................................................. 4-42 4.02.014. Examinations, License Approval and Issuance ................................................... 4-42 4.02.015. Firms/Designated Representatives ...................................................................... 4-43 4.02.016. Business License ................................................................................................. 4-43 4.02.017. Administrative Appeals ....................................................................................... 4-44 4.02.018. Contractor Discipline ........................................................................................... 4-44 4.02.019. Board Action .......................................................................................................4-44a 4.02.020. Safe Harbor Provision .........................................................................................4-44a 4.02.021 – 4.02.999 RESERVED........................................................................................4-44a

ARTICLE 3. FAIR HOUSING CODE

4.03.001. Statement of Policy .............................................................................................. 4-45 4.03.002. Definitions ........................................................................................................... 4-45 4.03.003. Discriminatory Practices Prohibited .................................................................... 4-46 4.03.004. Handicap Discrimination ..................................................................................... 4-48 4.03.005. Exemptions .......................................................................................................... 4-49 4.02.006. Enforcement ........................................................................................................ 4-50 4.03.007. Penalty ................................................................................................................. 4-51 4.03.008. Injunction ............................................................................................................. 4-51 4.03.009. Suspensions or Revocation of License ................................................................ 4-51 4.03.010 - 4.03.999 RESERVED ........................................................................................ 4-51

ARTICLE 4. PLUMBING CODE

4.04.001. Adoption of International Plumbing Code .......................................................... 4-53 4.04.002. Additions, Insertions, Deletions, and Changes .................................................... 4-53 4.04.003. Enforcement of the Plumbing Code .................................................................... 4-54 4.04.004. Building Official - Duties .................................................................................... 4-54 4.04.005. Plumbing Permit Not Transferable ...................................................................... 4-54 4.04.006. Persons To Whom A Plumbing Permit May Be Issued ...................................... 4-55 4.04.007. Schedule of Fees .................................................................................................. 4-55 4.04.008. Emergency Plumbing Repair ............................................................................... 4-56 4.04.009. Expiration of Plumbing Permit ............................................................................ 4-56 4.04.010. Dangerous or Insanitary Plumbing System ......................................................... 4-56 4.04.011. Notification by Plumbing Permit Holder ............................................................. 4-56 4.04.012. Vehicle Identification .......................................................................................... 4-57 4.04.013. Unit Heater and Heating Unit Installation ........................................................... 4-57 4.04.014. Unlawful Sanitary Sewer Connections ................................................................ 4-57 4.04.015. Unlawful Water System Connections .................................................................. 4-57 4.04.016. Right of Appeal - Procedure ................................................................................ 4-58 4.04.017. Appeal Fee ........................................................................................................... 4-58 4.04.018. Penalty ................................................................................................................. 4-58 4.04.019- 4.04.999 RESERVED ......................................................................................... 4-58

Revised 12/3/2018 4-ii

City Code, Indep., MO CHAPTER 4 BUILDING, PLUMBING AND ELECTRICAL INSTALLATIONS

SECTION PAGE

ARTICLE 5. BUILDING CODE

4.05.001. Adoption of International Building Code. ...........................................................4-61 4.05.002. Additions, Insertions, Deletions, and Changes ....................................................4-61 4.05.003. Schedule of Fees ..................................................................................................4-68 4.05.004. - 4.05.999 RESERVED .......................................................................................4-68

ARTICLE 6. MECHANICAL CODE

4.06.001. Adoption of International Mechanical Code .......................................................4-77 4.06.002. Enforcement of the Mechanical Code ................................................................. 4-77 4.06.003. Building Official - Duties ....................................................................................4-77 4.06.004. Permit Not Transferable ......................................................................................4-77 4.06.005. Persons to Whom a Permit May be Issued ..........................................................4-77 4.06.006. Schedule of Fees .................................................................................................4-78 4.06.007. Expiration of Heating and Cooling Permit ..........................................................4-78 4.06.008. Emergency Repair Work ..................................................................................... 4-78 4.06.009. Dangerous Heating, Ventilating, Cooling or Refrigeration ................................ 4-79 4.06.010. Vehicle Identification ..........................................................................................4-79 4.06.011. Humidifier Installation ........................................................................................4-79 4.06.012. Piping Installation ...............................................................................................4-79 4.06.013. Contractor Responsibility....................................................................................4-79 4.06.014. Sealing Off Electric Current and Fuel Supply ....................................................4-79 4.06.015. Individual Branch Circuit Installation .................................................................4-80 4.06.016. Right of Appeal - Procedure ...............................................................................4-80 4.06.017. Appeal Fee ..........................................................................................................4-80 4.06.018. Additions, Insertions, Deletions, and Changes ...................................................4-80 4.06.019 - 4.06.999 RESERVED ........................................................................................4-80

ARTICLE 7. ELECTRICAL CODE

4.07.001. Adoption of National Electrical Code .................................................................4-87 4.07.002. Enforcement of the Electrical Code .....................................................................4-87 4.07.003. Building Official - Duties ....................................................................................4-87 4.07.004. Electrical Permit Required ...................................................................................4-87 4.07.005. Electrical Permit Not Transferable ......................................................................4-87 4.07.006. Electrical Work Not Requiring a Permit ..............................................................4-87 4.07.007. Persons to Whom an Electrical Permit May be Issued ........................................4-88 4.07.008. Electrical Permit Application. .............................................................................4-88 4.07.009. Schedule of Fees ..................................................................................................4-89 4.07.010. Emergency Electrical Repair ...............................................................................4-89 4.07.000. Expiration of Electrical Permit ............................................................................4-89 4.07.012. Notification by Electrical Permit Holder .............................................................4-90 4.07.013. Temporary Electrical Permit ................................................................................4-90 4.07.014. Inspection of Concealed Electrical Equipment ....................................................4-90 4.07.015. Electrical Connection to Installed Electrical Equipment .....................................4-90 4.07.016. Standards for the Installation of Electrical Equipment ........................................4-91 4.07.017. Acceptable Electrical Equipment ........................................................................4-91

Revised 12/3/18 4-iii


CHAPTER 4 BUILDING, PLUMBING AND ELECTRICAL INSTALLATIONS

SECTION PAGE ARTICLE 7. ELECTRICAL CODE (continued)

4.07.018. Identification of Switches and Meters ................................................................. 4-91 4.07.019. Inspection of Electrical Installations and Equipment .......................................... 4-91 4.07.020. Electrical Inspector - Duties ................................................................................ 4-91 4.07.021. Unlawful Acts ...................................................................................................... 4-91 4.07.022. Stop Order ........................................................................................................... 4-91 4.07.023. Supply of Electric Current to Condemned Equipment ........................................ 4-92 4.07.024. Vehicle Identification .......................................................................................... 4-92 4.07.025. Additional Requirements ..................................................................................... 4-92 4.07.026 Right of Appeal - Procedure ................................................................................. 4-92 4.07.027. Appeal Fee ........................................................................................................... 4-93 4.07.028. Penalty ................................................................................................................. 4-93 4.07.029. Low Voltage Permit............................................................................................. 4-93 4.07.030. Additions, Insertions, Deletions, and Changes .................................................... 4-94 4.07.031 - 4.07.999 RESERVED ........................................................................................ 4-94

ARTICLE 8. SIGN CODE

4.08.001. Sign Code, Adopted ............................................................................................. 4-99 4.08.002 - 4.08.999 RESERVED ........................................................................................ 4-99

ARTICLE 9. SWIMMING POOL CODE

4.09.001. Adoption of Swimming Pool Code ................................................................... 4-103 4.09.002. Definitions ......................................................................................................... 4-103 4.09.003. General .............................................................................................................. 4-103 4.09.004. Plans and Permits .............................................................................................. 4-103 4.09.005. Design and Construction ................................................................................... 4-103 4.09.006. Water Supply, Treatment and Drainage Systems .............................................. 4-104 4.09.007. Appurtenant Structures and Accessories ........................................................... 4-105 4.09.008. Safety Precautions ............................................................................................. 4-105 4.09.009. Swimming Pool Construction Fee ..................................................................... 4-106 4.09.010 - 4.09.999 RESERVED ...................................................................................... 4-106

ARTICLE 10. BOARD OF BUILDING AND ENGINEERING APPEALS

4.10.001. Created ................................................................................................................ 4-107 4.10.002. Appointment of Members ................................................................................... 4-107 4.10.003. Chairman - Rules - Meetings ............................................................................. .4-107 4.10.004. Quorum ............................................................................................................... 4-107 4.10.005. Powers and Duties .............................................................................................. 4-107 4.10.006. Procedure for Appeal .......................................................................................... 4-107 4.10.007. Board Decisions .................................................................................................. 4-108 4.10.008. Board Decision Appeals ..................................................................................... 4-108 4.10.009 - 4.10.999. RESERVED ...................................................................................... 4-108

Revised 12/3/2018 4-iv


CHAPTER 4 BUILDING, PLUMBING, AND ELECTRICAL INSTALLATIONS

SECTION PAGE

ARTICLE 11. LANDLORD AND TENANT CODE 4.11.001. Acts of Landlord Prohibited .............................................................................. 4-109 4.11.002. Acts of Tenant Prohibited ................................................................................. 4-109 4.11.003. Deficient Property ............................................................................................. 4-109 4.11.004. Remedy and Penalty Not Exclusive ................................................................. 4-110 4.11.005. Authority to Issue Citations ............................................................................. 4-110 4.11.006. Penalty ............................................................................................................... 4-110 4.11.007 - 4.11.999 RESERVED ...................................................................................... 4-110

ARTICLE 12. EXISTING BUILDINGS CODE

4.12.001. Adoption of International Existing Building Code ........................................... 4-121 4.12.002 – 4.12.999 RESERVED ..................................................................................... 4-121

ARTICLE 13. RESIDENTIAL CODE

4.13.001. Adoption of International Residential Code ...................................................... 4-125 4.13.002. Additions, Insertions, Deletions, and Changes ................................................. 4-125 4.13.003. Schedule of Fees ............................................................................................... 4-128 4.13.004 – 4.13.999 RESERVED ..................................................................................... 4-128

ARTICLE 14. FUEL GAS CODE

4.14.001. Adoption of International Fuel Gas Code .........................................................4-129 4.14.002. Additions, Insertions, Deletions, and Changes .................................................4-129 4.14.003 – 4.14.999 RESERVED .....................................................................................4-129

ARTICLE 15. RENTAL READY PROGRM

4.15.001. Statement of Purpose ........................................................................................4-130 4.15.002 Definitions ..........................................................................................................4-130 4.15.003. Applicability ......................................................................................................4-132 4.15.004 Business License Required ................................................................................4-132 4.15.005. Business License Application Requirements ....................................................4-133 4.15.006 Rental Dwelling Unit Inspection Required ........................................................4-133 4.15.007 Rental Dwelling Inspection Program .................................................................4-133 4.15.008. Rental Unit Registration to Issue ......................................................................4-134 4.15.009 Duties of Licensee ..............................................................................................4-134 4.15.010. Fees and Charges ..............................................................................................4-134 4.15.011. Suspension, Revocation, or Denial of Business License; Right of Appeal .......4-134 4.15.012. Penalty ...............................................................................................................4-134

Revised 12/3/18 4-v

City Code, Indep., MO CHAPTER 4

PROPERTY MAINTENANCE CODE

ARTICLE 1. TITLE, SCOPE, INTENT AND APPLICABILITY.

SEC. 4.01.001. TITLE, SCOPE, INTENT AND APPLICABILITY. A. This Article shall be known as the Property Maintenance Code of the City of Independence, Missouri, hereinafter referred to as "this Code." B. This Code is to protect the public health, safety and welfare in all existing structures, residential and nonresidential, and on all existing premises by establishing minimum requirements and standards for premises, structures, equipment, and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; fixing the responsibility of owners, operators and occupants; regulating the occupancy of existing structures and premises, and providing for administration, enforcement and penalties. C. This Code shall be construed to secure its expressed intent, which is to insure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises. Buildings in existence at the time of the adoption of this Code need not be structurally altered if they were legal under the Building, Electric, Fire, Plumbing and Mechanical Codes at the time of the adoption of this Code, provided such continued use is not dangerous to life. D. The standards referenced in this Code shall be considered part of the requirements of this Code to the prescribed extent of each such reference. Where differences occur between provisions of this Code and referenced standards, the provisions of the referenced standard shall apply. E. The provisions in this Code shall not be construed to abolish or impair existing remedies of the City of Independence or its officers or agencies relating to the removal or demolition of any structure which is dangerous, unsafe and unsanitary. F. All repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this Code shall be executed and installed in a workmanlike manner. G. Any repairs, additions or alterations to a structure, or changes to the purpose for which a building, or part thereof, is used or intended to be used, shall be done in accordance with the procedures and provisions of the duly adopted building, plumbing, electrical, mechanical, and fire codes.

1. Buildings or structures moved into or within Independence shall comply with the requirements in the Building Code for new buildings and structures.

H. Where any building or portion thereof is used or intended to be used as a combination dwelling unit and hotel, the provisions of this Code shall apply to the separate portions as if they were separate buildings. 12/15/95 (13196) 4 – 1

§4.01.002 City Code, Indep., MO SEC. 4.01.002. DEFINITIONS. A. Unless otherwise expressly stated, the following terms shall, for the purposes of this Code, have the meanings shown in this Article. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural the singular. Where terms are not defined in this Code and are defined in the building, plumbing, mechanical, electrical or fire codes, such terms shall have the meanings ascribed to them as in those codes. Where terms are not defined, through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies. B. Whenever the words "dwelling unit," "dwelling," "premises," "building," "rooming house," "rooming unit," "story," or "structure" are stated in this code, they shall be construed as though they were followed by the words "or any part thereof." ACTIVE AGRICULTURAL USE means the tilling of the soil, the raising of crops, horticulture, apiculture, livestock farming, the raising of small animals and poultry, dairying and animal husbandry. APPROVED means to be approved by the Code Official. BASEMENT or CELLAR means that portion of a structure which is partly or completely below grade. BATHROOM means a room containing plumbing fixtures including a bathtub or shower. BUILDING means an enclosed structure anchored to a permanent foundation and having exterior or party walls and a roof, designed for the shelter of persons, animals, or property. When divided by other than common or contiguous walls, each portion or section of such building shall be regarded as a separate building. BUILDING CODE means the Building Code as officially adopted by the City Council and carried as Article 5 of this chapter and is for the regulation of construction, alteration, addition, repair, removal, demolition, location, occupancy and maintenance of buildings and structures. BUILDING OFFICIAL mean the official who is charged with the administration and enforcement of the City's Building Code. CERTIFIED LABORATORY means any laboratory certified by a state certification agency or board to sample, test, examine, and measure concentrations of hazardous and toxic chemicals. CITY CODE means the Code of the City of Independence, Missouri. CODE OFFICIAL, or PROPERTY MAINTENANCE CODE OFFICIAL means the official who is charged with the administration and enforcement of this Property Maintenance Code, or any duly authorized representative. COLLECTION means the removal and transportation of refuse from its place of storage. COMMERCIAL PREMISES means business properties including apartment buildings with three or more units. CONDEMN means to adjudge unfit for occupancy. 9/28/07 (16798) 4 - 2

City Code, Indep., MO §4.01.002 CONSTRUCTION DOCUMENTS means all the written, graphic and pictorial documents prepared or assembled for describing the design, location and physical characteristics of the elements of the project necessary for obtaining a building permit. The construction drawings shall be drawn to an appropriate scale. DORMITORY means a space in a building where group sleeping accommodations are provided in one room, or in a series of closely associated rooms, for persons not members of the same family group. DWELLING UNIT means a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. EGRESS means a continuous and unobstructed means of exit to a public way and shall include intervening aisles, doors, doorways, corridors, exterior exit balconies, ramps, stairways, smokeproof enclosures, horizontal exits, exits passageways, exit courts, and yards. ELECTRICAL CODE means the Electrical Code officially adopted by the City Council and carried as Article 7 of this chapter and is for the regulation of installation, alteration, addition, repair, removal, demolition, location, and maintenance of electrical service in buildings and structures. EXIT WIDTH means a clear and unobstructed area provided for egress. EXTERIOR PROPERTY means the open space on the premises and on adjoining property under the control of owners or operators of such premises. EXTERMINATION means the control and elimination of insects, rodents, or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating or trapping; or by any other recognized and legal pest elimination method. FAMILY means one or more persons who are related by blood or marriage, living together and occupying a single housekeeping unit with single kitchen facilities, or a group of not more than five persons (excluding servants) living together by joint agreement and occupying a single housekeeping unit with single kitchen facilities on a non-profit, cost sharing basis. FIRE CODE means the Fire Code as officially adopted by the City Council and carried as Article 1 of Chapter 9 of the City Code and is for the detection and suppression of fire, or the ascertaining and correction of conditions which tend to cause fire or contribute to is spread. GARBAGE means the putrescible animal and vegetable wastes resulting from the preparation, cooking, serving and consumption of food. HABITABLE SPACE means space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces. No room shall be considered a habitable room which contains less than seventy (70) square feet of floor area. HARBOR means any condition which provides shelter, food or protection and favors multiplication and continued existence. 12/15/95 (13196)

4 – 3

§4.01.002 City Code, Indep., MO HAZARDOUS or UNSANITARY PREMISES means those premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials and similar materials or conditions which constitute fire, health, or safety hazards. HOTEL means any building containing six or more guest rooms, intended or designed to be occupied, or which are rented or hired out to be occupied, for sleeping purposes by guests. ILLEGAL DRUG MANUFACTURING OR STORAGE SITE means any premises where evidence of illegal manufacture or storage of a controlled substance, as defined by SEC. 12.02.001 of the City Code, is found. INFESTATION means the presence, within or contiguous to, a structure or premises of insects, rats, vermin or other pests. INSECTS means roaches, fleas, termites, lice, flies, ants, mosquitoes, bees, hornets, wasps and their larvae. KITCHEN means any room used for the preparation of foods. LET or LET FOR OCCUPANCY means to permit possession or occupancy of any dwelling by a person who is or is not the legal owner of a record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land. LITTER means garbage, refuse, rubbish and all other waste materials which have been thrown, deposited, scattered or otherwise not contained in a manner provided for in this Code. MECHANICAL CODE means the Mechanical Code as officially adopted by the City Council and carried as Article 6 of this chapter and is for the regulation of installation, alteration, addition, repair, removal, demolition, location, and maintenance of mechanical systems including but not limited to heating, air conditioning, and ventilation. MOTOR VEHICLE means any self-propelled vehicle, including but limited to cars, trucks, motorcycles and recreational vehicles. MULTI-FAMILY DWELLING means a building or portion thereof arranged, intended, or designed for occupancy by three or more families, including apartment houses, garden apartment buildings, and apartment hotels. NEWEL POSTS/SAFETY TERMINAL means the outermost projection of a stair step. NOXIOUS GASES, FUMES and ODORS mean any airborne substance, whether visible or invisible and whether particulate or not, which causes nausea, vomiting, dizziness, headaches, eye or skin irritation or other physical injury to any person. NOXIOUS PLANTS means poison ivy, poison oak, and poison sumac, at any height or state of maturity.

6/20/00 (14517) (6/02/03 editorial correction) 4 – 4

City Code, Indep., MO §4.01.002 OCCUPANT means any person living or sleeping in a building; or having possession of a space within a building. ONE-FAMILY DWELLING means a detached building arranged, intended or designed for occupancy by one family. OPENABLE AREA means that part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors. OWNER means any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court. OWNER'S REPRESENTATIVE means any person who has charge, care or control of a structure or premises which is let or offered for occupancy. PERSON means an individual, corporation, partnership or any other group acting as a unit. PLUMBING means the practice, materials and fixtures utilized in the installation, maintenance, extension and alteration of all piping, fixtures, appliances and appurtenances within the scope of the plumbing code. PLUMBING CODE means the Plumbing Code officially adopted by the City Council and carried as Article 4 of this chapter and is for the regulation of installation, alteration, addition, repair, removal, demolition, location, and maintenance of plumbing systems. PLUMBING FIXTURE means a receptacle or device which is either permanently or temporarily connected to the water distribution system of the premises, and demands a supply of water therefrom; or discharges waste water, liquid-borne waste materials, or sewage either directly or indirectly to the drainage system of the premises; or which requires both a water supply connection and a discharge to the drainage system of the premises. PREMISES means lot, plot or parcel of land including any structures thereon. PUBLIC WAY means any street, alley, or similar parcel of land essentially unobstructed from the ground to the sky which is deeded, dedicated, or otherwise permanently appropriated to the public for public use and having a clear width of not less than ten feet (10'). RAT HARBORAGE means any condition which provides shelter, food or protection for rats, thus favoring their multiplication and continued existence in, under, or outside a structure of any kind. RAT STOPPAGE means forms of rat-proofing to prevent the ingress of rats into buildings from the exterior or from one building to another. It consists essentially of the closing of all openings in the exterior walls, ground or first floors, basements, roofs and foundations that may be reached by rats from the ground by climbing or burrowing, with material or equipment impervious to rat gnawing. 9/28/07 (16798) 4 – 5

§4.01.002 City Code, Indep., MO REFUSE means waste materials in a solid or semi-solid state consisting of garbage, rubbish or a combination thereof. RODENTS means rats and mice. ROOMING HOUSE means a building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one-family dwelling or a two-family dwelling. ROOMING UNIT means any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes. RUBBISH means nonputrescible solid wastes consisting of combustible and/or noncombustible wastes, such as, but not limited to, ashes, cinders, sawdust, shavings, brush, paper, leather, mineral matter, excelsior, rags, cartons, boxes, leaves, wood, glass, and may include stones and rocks, and items not in good repair, rotten, infested or otherwise a matter of public health, safety and welfare, such as wearing apparel, bedding, crockery, appliances, machinery and machinery parts, tires, furniture and similar materials. SEWAGE means any liquid waste containing human, animal or vegetable matter in suspension or solution, and may include liquids containing chemicals in solution. SLEEPING ROOM means a room whose principal use is for sleeping purposes only. STAIR RUN means the distance measured horizontally between the vertical planes of the furthermost projection of adjacent treads. STAGNANT WATER means water which is still, not flowing and running, or contains organic matter that is undergoing anaerobic decomposition. STORE means to keep, permit or allow to remain upon a premises for a period of longer than seven (7) days. STRUCTURE means that which is built or constructed or a portion thereof. THICKETS means dense growths of wild shrubbery having stems or trunks less than one (1) inch in diameter, and briar patches. TOILET ROOM means a room containing a water closet or urinal but not a bathtub or shower. TRASH means refuse. TWO-FAMILY DWELLING means a building or portion thereof, arranged, intended, or designed for occupancy. UNENCLOSED AREA means an area visible from adjacent public or private property that is not completely enclosed with a locked building or locked fenced area. VENTILATION means the natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space. 9/28/07 (16798) 4 – 6

City Code, Indep., MO §4.01.002 WEATHERING means deterioration, decay or damage caused by exposure to the elements. WEEDS means all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. WORKMANLIKE means executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged, and without marring adjacent work. YARD means an open space on the same lot with a structure. YARD WASTE means leaves, grass clippings, yard and garden vegetation and Christmas trees. The term does not include stumps, roots or shrubs with intact root balls. SEC. 4.01.003. MAINTENANCE REQUIRED. All equipment, systems, devices and safeguards required by this Code or a previous statute or code for the structure or premises when erected or altered shall be maintained in good working order The requirements of this Code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. SEC. 4.01.004. APPROVED MATERIALS AND EQUIPMENT. A. All materials, equipment and devices approved by the Code Official shall be constructed and installed in accordance with such approval. B. Where there are practical difficulties involved in carrying out structural or mechanical provisions of this Code, the Code Official shall have the right to vary or modify such provisions upon application of the owner or the owner's representative, provided that the spirit and intent of the law is observed and that the public health, safety and welfare is assured. 1. The application for modification and the final decision of the Code Official shall be in writing and shall be officially recorded in the permanent records of the department. C. Materials, equipment and devices shall not be reused unless such elements have been reconditioned, tested and placed in good and proper working condition and approved. D. The provisions of this Code are not intended to prevent the installation of any material or method of construction not specifically prescribed by this Code, provided that any such alternative has been approved. An alternative material or method of construction shall be approved when the Code Official finds that the proposed design is satisfactory and complies with the intent of the provisions of this Code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this Code in quality, strength, effectiveness, fire resistance, durability and safety. E. Sufficient technical data shall be submitted to substantiate the proposed installation of any material or assembly. If it is determined that the evidence submitted is satisfactory proof of performance for the proposed installation, the Code Official shall approve such alternative subject to the requirements of this Code. The cost of all tests, reports and investigations required under these provisions shall be paid by the applicant. F. Any person effected by a decision of the Code Official under Section 4.01.004(B) or Section 4.01.004(D) issued under this Code shall have the right to appeal to the Board of Building and Engineering Appeals as established in Article 10 of Chapter 4 of the City Code. 9/28/07 (16798) 4 – 7

§4.01.005 City Code, Indep., MO SEC. 4.01.005. DUTIES AND POWERS OF CODE OFFICIAL. A. The Code Official shall enforce all of the provisions of this Code, except as provided herein The Building Official shall enforce Section 4.01.008 of this Article, in cooperation with the Code Official. B. The Code Official, shall issue all necessary notices or orders to ensure compliance with this Code, including the issuance of complaints, stop orders and the service of citations. C. The Code Official is authorized to enter upon those areas of exterior property generally visible to the public. Buildings and other exterior areas not generally visible to the public, may be entered with permission of the owner, occupant or person having control of the exterior property or structure. If entry is refused or not obtained, the Code Official may pursue recourse as provided by law.

D. Every occupant of a structure or premises shall give the owner or the owners representative, access to any part of such structure or its premises at reasonable times for the purpose of making such inspection, maintenance, repairs or alterations as are necessary to comply with the provisions of this Code. E. The Code Official shall carry proper identification when inspecting structures or premises in the performance of duties under this Code. F. Inspection of premises, the issuance of notices and orders and enforcement thereof shall be the responsibility of the Code Official. Whenever inspections are necessary by any other department, the Code Official shall make reasonable effort to arrange for the coordination of such inspections so as to minimize the number of visits by inspectors, and to confer with the other departments for the purpose of eliminating conflicting orders before any are issued. A department shall not, however, delay the issuance of any emergency orders. In all matters relating to the enforcement of this Code, all departments of the City are required to coordinate with, and assist, the Code Official. G. The Code Official is authorized as necessary in the interest of public health, safety and general welfare, to adopt and promulgate administrative policies and procedures to interpret and implement the provisions of this Code to secure the intent thereof and to designate requirements applicable because of local climatic or other conditions. Such policies and procedures shall not have the effect of waiving structural or fire performance requirements specifically provided for in this Code or of violating accepted engineering practice involving public safety. Such policies and procedures shall be subject to review and approval by the Board of Building and Engineering Appeals; upon approval, such rules shall be filed with the City Clerk. H. The Code Official shall appoint such number of officers, technical assistants, inspectors and other City Code enforcement employees as shall be necessary for the administration of this Code and as authorized by the City Manager. The Code Official may designate an employee as deputy who is authorized to exercise all the duties and responsibilities of the Code Official during the temporary absence or disability of the Code Official. Throughout this Code, any reference to the Code Official shall include the Code Official, the Code Official's deputy, or any other City Code enforcement person appointed by the Code Official for the purpose of inspections and the administration of this Code. I. The Code Official is authorized to assess a Forty-Five Dollar ($45.00) reinspection fee when required to make a third or subsequent inspection to gain correction of a violation of this Article. 12/31/99 (14381) 4 – 8

City Code, Indep., MO §4.01.006 SEC. 4.01.006. VIOLATIONS. A. The owner of the premises shall maintain the structures and exterior property in compliance with the requirements of this Code. A person shall not occupy as owner-occupant or permit another person to occupy premises which do not comply with the requirements of this Code.

1. Unless otherwise provided, every owner shall be responsible for complying with the requirements of this Article even though a similar responsibility is also imposed on the occupant of the dwelling unit. Whenever a building contains more than one (1) dwelling unit the owner shall be responsible for:

a. Extermination of insect or rodent infestation that extends beyond a single occupied dwelling unit. Whenever rodent infestation in a dwelling unit is caused by the failure of the owner to maintain such dwelling in a rodent proof condition, extermination thereof shall be the sole responsibility of the owner.

b. The installation, maintenance and proper operation of the electrical, plumbing, heating, cooling and ventilation systems within the building.

2. In multi-family dwellings the owner shall be responsible for supplying facilities or containers sufficient and adequate for the sanitary and safe storage and disposal of refuse.

3. Unless otherwise provided, every adult occupant of a dwelling unit shall be responsible for complying with the requirements of this Article, even though a similar responsibility is also imposed upon the owner. However, only the adult occupant of a dwelling unit shall have the responsibility for:

a. Keeping the dwelling unit clean, sanitary and in a safe condition.

b. Storing and disposing of all refuse and other organic wastes in the required manner.

c. Furnishing and maintaining approved devices, equipment or facilities necessary to keep the dwelling unit safe and sanitary.

d. Extermination of insects and rodents on the premises.

e. Maintaining the dwelling unit in a condition so as not to breed insects and rodents or produce dangerous or noxious gases or odors.

B. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, remove, demolish, maintain, fail to maintain, provide, fail to provide, occupy, let to another or occupy or permit another person to occupy any structure or equipment regulated by this code, or cause same to be done, contrary to or in conflict with or in violation of any of the provisions of this Code, or to fail to obey a lawful order of the Code Official, or to remove or deface a placard or notice posted under the provisions of this Code. 10/10/00 (14627) 4 – 9

§4.01.006 City Code, Indep., MO

1. No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the City or with any person who owns or holds any estate or interest in any premises which as been ordered abated, repaired, vacated or demolished under the provisions of this Code, or with any person to whom such premises has been lawfully sold pursuant to the provisions of this Code, whenever such officer, employee, contractor or authorized representative of this City, person having an interest or estate in such property or premises, or purchaser is engaged in the work of abating any violation, repairing, vacating and repairing, or demolishing any such structure pursuant to the provisions of this Code, or in performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this Code.

C. Any person who shall violate a provision of this Article shall, upon conviction thereof, be subject to a fine of not less than One Hundred Fifty Dollars ($150.00) for the first conviction, a fine of not less than Three Hundred Dollars ($300.00) for the second conviction, and a fine of not less than Five Hundred Dollars ($500.00) for the third and subsequent convictions. In addition to, or in-lieu-of, such fines, such person may be required to complete a training course at a cost of Fifty Dollars ($50.00) per person per assigned training course regarding property maintenance, and may be required to provide community service. Each day that a violation continues after due notice has been served shall be deemed a separate offense and a separate citation may be filed for said offense. D. In case of any unlawful acts the Code Official shall institute an appropriate action or proceeding at law. Also, the Code Official shall ask the City Counselor to proceed at law or in equity against the person responsible for the violation for the purpose of ordering that person:

1. To restrain, correct or remove the violation or refrain from any further execution of work;

2. To restrain or correct the erection, installation, maintenance, repair or alteration of such structure; 3. To require the removal of work in violation;

4. To prevent the occupancy of the structure that is not in compliance with the provisions of this Code; or

5. To pay all costs incurred in the enforcement of this Code against the property, including administrative costs and costs of remedying the violation.

SEC. 4.01.007. NOTICES AND ORDERS. A. Whenever the Code Official determines that there has been a violation of this Code, when applicable, notice shall be given to the owner, the occupant and the person or persons responsible therefore in the manner prescribed in this section. Orders, notices and hearing requirements for dangerous buildings shall comply with Section 4.01.008. B. Such notice prescribed in the preceding paragraph shall:

1. Be in writing;

2. Include a description of the real estate sufficient for identification;

3. Include a statement of the reason or reasons why the notice is being issued; and

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City Code, Indep., MO §4.01.007

4. Include a notice of an administrative hearing to be held after ten days’ notice thereof. The notice shall also include a correction order that states the violation must be corrected no later than five days after the hearing, excepting hearing orders with a modified correction date. Furthermore, the notice shall state that if weeds or trash are not removed by the correction date, the City may remove or cause to be removed the nuisance and charge the owner for the abatement costs thereof, pursuant to Section 4.01.010. Failure to attend the administrative hearing shall constitute a waiver of all rights to an administrative hearing and determination of the matter.

a. If the Code Official determines that the nuisance to be abated involves a significant property interest, a search warrant will be acquired for removal of such property. The search warrant will be served in accordance with legal procedure. b. In determining whether a significant property interest is involved, the Code Official shall consider the following:

(1) Weeds, weed cuttings, cut and/or fallen trees and shrubs, and overgrown vegetation and noxious weeds in excess of 12" are not normally a protected property interest.

(2) Nuisance vehicles may be considered a protected property interest.

(3) Household items, such as furniture, appliances, etc., in which there appears to be a continuing use and enjoyment, are normally a protected property interest.

(4) Rubbish, trash, debris, rocks, dead animals, etc., are not protected interests.

C. Such notice shall be deemed to be properly served if a copy thereof is (a) delivered to the owner, owner's representative and occupant personally; or (b) sent by first class mail addressed to the owner, owner's representative and occupant at the last known address; or (c) by posting such notice in a conspicuous place in or about the premises effected by such notice. D. If weeds are allowed to grow, or if refuse is allowed to accumulate, on the same property in violation of this Code more than once during the same growing season in the case of weeds, or more than once during a calendar year in the case of refuse, the required notice shall be:

1. For the second violation, the notice shall be sent in the manner prescribed in paragraph C above and state that if the weeds or refuse are not removed within seven (7) days of issuance of said notice, the City may remove or cause to be removed the nuisance and charge the owner for the abatement costs thereof, pursuant to Section 4.01.010 (No hearing shall be required.). 2. For the third and subsequent violations, no additional notice shall be made and the City may remove or cause to be removed the nuisance and charge the owner for the abatement costs thereof, pursuant to Section 4.01.010 (No hearing or notice shall be required.).

E. It shall be unlawful for the owner of any premises who has received a correction order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of to another until the provisions of the correction 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 correction order or notice of violation issued by the Code Official and shall furnish to the Code Official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such 9/28/07 (16798) 4 – 11

§4.01.007 City Code, Indep., MO correction order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such correction order or notice of violation. F. The owner of any premises, any representative thereof, and the occupant of such premises is hereby charged with the duty of observing all of the requirements and provisions of this Code; and any or all of said persons and any person or persons causing or contributing to causing or bringing about any violation may be charged with the violation hereof, and shall be equally liable.

1. It shall be the duty of the owner or occupant of the premises, or any authorized representative, or the person causing or maintaining such violation, to immediately abate the same after an order by the Code Official or Building Official in accordance with the terms prescribed in said order; and any failure to do so shall constitute a violation of this Code and subject such persons to the penalties herein prescribed.

2. Extension of Time to Perform Work. Upon receipt of an application from the person required to conform to the order and an agreement by such person for compliance with the order if allowed additional time, the Code Official may grant an extension of time, not to exceed an additional 180 days, within which to complete said abatement, repair, rehabilitation or demolition, if the Code Official determines that such an extension of time will not create or perpetuate a situation that is imminently dangerous to life or property. The Code Official's authority to extend time is limited to the abatement of the violation on the premises, the physical repair, rehabilitation or demolition of the structure and will not in any way effect or extend the time to appeal the previous notice and order.

3. When there is an immediate danger to the health, life, safety or welfare of any person because of a dangerous condition which exists in violation of this Code, the Code Official shall have the power to order the abatement or correction of such dangerous condition without notice or hearing. No appeal shall lie from an emergency order to the Board of Building and Engineering Appeals. The cost of emergency abatement or correction shall be recovered or provided in Section 4.01.010.

G. Specific procedures for repairs must be followed:

1. The structure shall be repaired within the time specified by the Code Official or it shall be temporarily closed in accordance with this Code. No person shall occupy, remain in, or enter any building which has been so posted or allow or permit such entry or occupancy by any other person until conditions necessitating the posting have been remedied, except that entry may be made to repair, demolish or remove such structure or to remove personal property.

2. Upon repair of any structure which has been posted by the Property Maintenance Code Official or the Building Official, an inspection shall be requested of and made by the Building Official or authorized representative. If such structure is determined to be fit for human occupancy, a certificate of occupancy so stating shall be issued.

3. All structures which are temporarily closed shall be closed and kept closed in accordance with these standards until the structure complies with the Building Code and Property Maintenance Code, or is demolished:

a. A permit shall be obtained from the Building Official before commencement of work.

b. All exterior openings are to be closed and the property owner or the owners representative shall be responsible for maintaining secure windows, doors, and other openings.

c. Materials missing or broken shall be replaced by similar construction or may be replaced by solid wood construction of exterior grade plywood at least one-half-inch thick.

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City Code, Indep., MO §4.01.007 d. Materials approved by the Building Official may be used which provide equivalent protection to the building from those attempting to gain entrance.

e. Any material used to close openings in exterior walls of open buildings shall be neatly installed in a manner substantially in accordance with recognized levels of workmanship for the building construction industry.

f. All plywood shall be painted with two (2) coats of exterior paint in a neutral color that blends inconspicuously with the exterior colors of the building.

g. The building or structure shall be baited for rodents and insects.

h. The roof shall be made watertight.

i. All loose and hanging exterior parts shall be removed.

j. All rubbish and garbage from the interior and exterior of the premises shall be removed.

4. In the event a building, temporarily closed as the result of an order of vacation by the Code Official or the Building Official, remains closed in excess of one hundred fifty (150) days, a dangerous building case may be initiated against the structure to determine whether the structure should be demolished.

5. Any person effected by a decision of the Code Official under Section 4.01.007(F) issued under this Code shall have the right to appeal to the Board of Building and Engineering Appeals as established in Article 10 of Chapter 4 of the City Code.

H. Repair or abatement by City: The Code Official may, in addition to any other remedy provided by this Code, cause a structure to be repaired or a violation abated to the extent necessary to correct the conditions which render the structure or premises substandard. The cost of such repair or abatement shall be recovered as provided in Section 4.01.010.

1. Whenever any repair or abatement work is to be done pursuant to this Code, the Code Official shall request that the work be accomplished by City personnel or by private contract under direction of the Code Official. Plans and specifications therefore may be prepared by the Code Official or by an architectural or engineering firm that has been awarded a contract for such purpose.

SEC. 4.01.008. DANGEROUS BUILDINGS. A. All buildings or structures which have any of the following defects shall be deemed "dangerous buildings" provided that such conditions or defects exist to the extent that the life, property, or safety of the public, or its occupants, are endangered: 1. Those whose exterior or 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 of any such wall or vertical structure members fall outside of the middle third (3rd) of its base. 2. Those 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 non-supporting enclosing or outside walls or covering. 7/29/05 (16097) 4 – 13

City Code, Indep., MO §4.01.008 3. Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one-half (1-1/2) times the working stress or stresses allowed in the Building Code for new buildings of similar structure, purpose or location. 4. Whenever any building or structure which whether or not erected in accordance with all applicable laws and ordinances, has in any non-supporting part, member or portion less than fifty percent (50%), or in any supporting part, member or portion less than sixty-six percent (66%), of the: a. Strength b. Fire-resisting qualities or characteristics, or c. Weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height, and occupancy in the same locations. 5. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged or to collapse and thereby injure persons or damage property. 6. Whenever any portion thereof has wracked, cracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquake than is required in the case of similar new construction. 7. Those, or any portion thereof, which because of: a. Dilapidation, deterioration or decay; b. Faulty construction; c. The removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; d. The deterioration, decay or inadequacy of its foundation is likely to partially or completely collapse. 8. Those, as determined by any official law enforcement agency, that has been used for the illegal manufacture or storage of a controlled substance as defined by this Article.

9. Those under construction, or a fire damaged structure upon which no current building permit is held and no substantial work shall have been performed for the immediately preceding thirty (30) days, and such conditions or defects exist to the extent that the life, property or safety of the public or its occupants are endangered. 10. Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure. 11. Those which are used or intended to be used for dwelling purposes, because inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the Building Inspector to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness, disease or injury. 12. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the Fire Inspector to be a fire hazard. 13. Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic. 7/29/05 (16097) 4 – 14

City Code, Indep., MO §4.01.008 14. Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic. 15. Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting wind pressure of one half of that specified in the building code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the building code for such buildings. 16. Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of this City, as specified in the building code or housing code, or of any law or ordinance of this State or City relating to the condition, location or structure of buildings. 17. Those buildings which are abandoned for a period in excess of 6 months so as to constitute such building or portion thereof as an attractive nuisance or hazard to the public, in which the electrical, plumbing, mechanical, or other systems are totally or partially damaged, destroyed, removed, or otherwise made inoperable, unsafe or unsanitary, or such conditions or defects exist to the extent that the life, property or safety of the public or its occupants are endangered. B. The owner, occupant, lessees, mortgagee, agent, tenant, or any person having an interest in a building or structure, as shown by the land records of the Jackson County Director of Property Records, will be considered as party within this section. C. Every building or structure deemed a "dangerous building" by the Building Inspector or Building Official is hereby declared to be a public nuisance detrimental to the health, safety, and welfare of the residents of the City of Independence, Missouri. D. The following standards shall be followed by the Building Inspectors and the Building Official in ordering vacating, repair, or demolition: 1. If the "dangerous building" is in such condition as to make it dangerous to the health, safety or general welfare of the public or the occupants, it shall be ordered to be vacated. 2. If the "dangerous building" can reasonably be repaired so that it will no longer exist in violation of the terms of this Article, it shall be ordered to be repaired. 3. In any case where a "dangerous building" is damaged, decayed or deteriorated to a degree that it is not economically feasible to rehabilitate such building, the building shall be ordered to be demolished. E. The building or property maintenance inspectors shall: 1. Inspect any building, wall or structure about which complaints are filed by any person to the effect that a building, wall or structure is or may be existing in violation of this Code.

2. Report, either directly or through the Property Maintenance Code Official, to the Building Official all buildings deemed to be emergency cases.

3. Except in emergency cases, notify in writing all parties of any building found to be a "dangerous building" that: 7/29/05 (16097) 4 – 15


a. The owner must repair, vacate, vacate and repair, or vacate and demolish said building; b. The occupant must vacate said building or may have it repaired and remain in possession; c. The mortgagee, agent or other parties may at their own risk vacate, repair or demolish or have such work or act done. Such notice shall be served either by personal service or by certified mail, return receipt requested.

If service cannot be had by the methods set forth above, a notice shall be inserted in a newspaper then doing the City printing, notifying the parties of the dangerous building.

In cases where any of the parties are absent from the City, all notices or orders provided herein shall

be sent by certified mail, return receipt requested, to the last known address of each, and a copy of such notice shall be posted in a conspicuous place on the "dangerous building" to which it relates. Such mailing and posting shall be deemed adequate service.

Any person notified under this subsection to repair, vacate and repair, or vacate and demolish any

building shall be given not more than ten days to commence the work, unless in the judgment of the Building Official it is determined to be necessary to extend such time to do or have done the work as required by the notice. Said Building Official shall notify in writing the date to which such extension is made.

4. Report to the Building Official any noncompliance with the notice. 5. Appear and testify at all hearings conducted by the Building Official.

F. The Building Official shall retain all power and discretion as enumerated in the Building Code. Except in cases of emergency, the Building Official or an authorized representative shall:

1. Upon receiving a complaint or report from any source that a dangerous building exists in this City, cause an inspection to be made forthwith. 2. Upon receipt of a report from an inspector, give at least 21 days written notice to all parties to appear before him/her on the date specified in the notice to show cause why the building or structure reported to be a “dangerous building” should not be repaired, vacated and repaired, or vacated and demolished. Structures ordered to be repaired shall be rendered fully code compliant with the currently adopted building, plumbing, fuel gas, electrical and mechanical codes. For non-residential buildings, the exterior of the building shall be repaired utilizing compatible materials, colors, and architectural features of the existing structure as outlined in City Code Section 14-506 “Nonresidential Design Standards”. A “Dangerous Building Permit” must be obtained by the business owner for any aesthetic work performed on the building that does not require a standard building permit with a general contractor, which is reviewed for compliance with the above-mentioned “Nonresidential Design Standards.” 3. Any structure deemed a “dangerous building” and proposed for repairs requiring a permit shall have a report prepared by an engineer as part of the repair application. An engineer, duly licensed to work within the State of Missouri, and further qualified as disciplined in the field of structural engineering, shall be deemed qualified to prepare such report. 6/19/17 (18758) 4 – 16

City Code, Indep., MO §4.01.008 4. Hold a hearing or hear such testimony as the building inspector or parties shall offer relative to the “dangerous building”. 5. Make written findings of fact from the testimony offered as to whether or not the building in question is a “dangerous building”. 6. Issue an order based upon findings of fact commanding the parties to repair, vacate and repair, or vacate and demolish any building found to be a “dangerous building” and provided that any person so notified shall have the privilege of either repairing or vacating and repairing such building, if such repair will comply with the ordinances of this City or the owner or any other party may vacate and demolish said “dangerous building” at his/her own risk to prevent the acquiring by the City of a lien against the land where the “dangerous building” stand. 7. If parties fail to comply with the order, or extension thereof, within the time specified, the Building Official shall cause such building or structure to be repaired, vacated and repaired, or vacated and demolished as the facts may warrant. The Building Official shall certify the charge for such repair or demolition to the Director of Finance as a special assessment by a special tax bill against the real property effected, except when such certification is deemed to be not in the best interest of the City. The charge for abatement of the public nuisance shall include the actual cost of repair or demolition and the actual cost of administering the provisions hereof. The tax bill from the date of its issuance shall be deemed a personal debt against the property owner and shall also be a lien upon said property until paid. At the request of the taxpayer, the tax bill may be paid in installments over a period of not more than ten (10) years. 8. Report to the City Counselor the names of all parties not complying with the orders issued by the Building Official.

G. The City Counselor shall:

1. Prosecute all persons for failing to comply with the terms of the notices and the orders provided for herein.

2. Assist the Building Official in regard to "dangerous buildings".

3. Bring suit to collect all municipal liens, assessments, or costs incurred by the Building Official in causing "dangerous buildings" to be vacated, repaired, or demolished.

4. Take such other legal action as is necessary to carry out the terms and provisions of this Code.

H. The owner of any "dangerous building" who shall fail to comply with any notice or order to

vacate, repair, or demolish said building shall upon conviction thereof be punishable as set forth in this Article.

1. The party in possession, who fails to comply with any notice to vacate, and any other party having a legal duty who fails to repair said building in accordance with any notice given shall upon conviction thereof be punishable as set forth in this Code.

2. Any person removing the notice provided for herein shall upon conviction thereof be punishable as set forth in this Code.

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§4.01.008 City Code, Indep., MO I. Except in emergency cases, any party aggrieved by any notice, finding or order may request a

hearing before the Board of Building and Engineering Appeals. Any interested party aggrieved by the determination of the Board of Building and Engineering Appeals may appeal to the Circuit Court as established in Chapter 536 of the Revised Statutes of Missouri.

J. Damage or loss to a building or other structure caused by or arising out of any fire, explosion or

other casualty loss for which there is a covered claim payment by an insurer which is in excess of fifty percent (50%) of the face value of the insurance policy covering said building or other structure shall be deemed a personal debt against the property owner if an order is issued by the Building Official, or an authorized representative, and a special tax bill or assessment is issued against the property. Twenty percent (20 %) of the proceeds of any insurance policy based upon a covered claim payment shall be paid to the City according to the following procedure:

1. The insurer shall withhold from the covered claim payment twenty percent (20%) of the covered claim payment, and shall pay such moneys to the City to deposit into an interest-bearing account. Any named mortgagee on the insurance policy shall maintain priority over any obligation under this section.

2. The City shall release the proceeds and any interest which has accrued on such proceeds received under paragraph (1) of this subsection to the insured or as the terms of the policy and endorsements thereto provide within thirty (30) days after receipt of such insurance moneys, unless the City has instituted proceedings under the provisions of Section 4.01.008, paragraph F(6) herein. If the City has proceeded under the provisions of said paragraph F, all moneys in excess of that necessary to comply with said paragraph for the removal or repair of the building or structure, less salvage value, shall be paid to the insured.

3. The Building Official shall authorize the release of sixty percent (60%) of the proceeds and any interest that has accrued on that sixty percent (60%) of the proceeds upon application of the property owner and a determination that fifty percent (50%) of the damage or loss has been removed or repaired, and shall release the remaining forty percent (40%) upon final completion and acceptance by the City, minus any administrative fees.

4. If there are no proceeds of any insurance policy as set forth in this section, at the request of the taxpayer, the tax bill may be paid in installments over a period of not more than ten (10) years. The tax bill from date of its issuance shall be a lien on the property until paid.

5. This subsection does not make the City a party to any insurance contract, and the insurer is not liable to any party for any amount in excess of the proceeds otherwise payable under its insurance policy.

6. In lieu of payment of all or part of the covered claim payment under this subsection herein the insured may provide satisfactory proof that the insured has or will remove debris and repair, rebuild or otherwise make the premises safe and secure. Upon satisfactory proof thereof, the Director of Finance shall issue a certificate within thirty (30) days after receipt of proof to permit covered claim payment to the insured without deduction pursuant to this subsection. It shall be the obligation of the insured or other person making claim to provide the insurance company with the written certificate provided for in this subsection.

K. For the purpose of this Code, an emergency is hereby defined as any case where it reasonably

appears that there is immediate danger to the health, life, safety, or welfare of any person because of a dangerous condition that exists in violation of this Code.

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1. In any emergency case, the Building Official shall have power to take emergency measures to abate or to correct such dangerous condition. The emergency power herein granted shall include power to cause the summary correction of any emergency condition which exists in violation of this Code, including, but not limited to, demolition of dangerous buildings as defined by this Code.

2. No appeal shall lie from an emergency order to the Board of Building and Engineering Appeals, and such order shall not be reviewed or stayed otherwise than by the Jackson County Circuit Court and as provided in Chapter 536 of the Revised Statutes of Missouri.

3. The costs of emergency abatement shall be recovered as provided in this Code for the recovery of costs of demolition of dangerous buildings

SEC. 4.01.009. UNSAFE TO OCCUPY. A. All buildings or structures which possess any or a combination of the following conditions or defects to an extent which present an immediate danger to the health, life, safety, and welfare of persons shall be deemed "UNSAFE TO OCCUPY":

1. Unclean or unsanitary;

2. Any exterior opening that is not equipped with a window, door or basement hatchway cover as appropriate, which is tight and maintained in sound condition and good repair to exclude wind and prevent the entrance of rodents, insects, rain and surface drainage water into the dwelling or building.

3. Accumulations of wastepaper, hay, grass, straw, weeds, litter, or combustible or flammable waste material, rubbish, or garbage stored or allowed to accumulate in structures or encroaching upon any exit passageway. Unsafe storage of combustible, flammable, explosive or other hazardous materials, such as paints, volatile oils and cleaning fluids.

4. Lack of a safe, continuous and unobstructed means of egress from the interior of a structure to a public way. This includes any obstruction to or of fire escapes, ladders which may be used as escapes, stairways, aisles, exits, doors, windows, passageways or halls, likely in the event of fire to interfere with the operations of the fire department or of the safety and ready egress of occupants.

5. Electrical equipment, wiring and appliances improperly installed or not maintained in a safe and approved manner.

6. Insect and/or rodent infestation.

7. Any combination of violations of this Article which present an immediate danger to the health, life, safety, and welfare of persons.

8. Any other condition exists which presents an immediate danger to the health, life, safety, and welfare of persons.

B. When a building or structure is deemed to be “Unsafe to Occupy, ” the Code Official shall order it

to be immediately vacated.

C. Notice that a building or structure has been deemed “Unsafe to Occupy”shall immediately be posted in a conspicuous place in or about the building or structure and delivered personally to any owner, owner’s representative or occupant present.

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§4.01.009 City Code, Indep., MO D. Subsequent to the posting and delivery of notice, the Code Official shall give notice and hold an

administrative hearing in accordance with the procedures set forth in Section 4.01.007. The requirement of ten days (10) notice of that hearing may be waived by agreement of all of the owners.

E. No person shall:

1. Fail to comply with an order to vacate a building or structure deemed “Unsafe to Occupy;” 2. Remove the posted notice that a building or structure is “Unsafe to Occupy;”

3. Enter on the real property of a building or structure deemed “Unsafe to Occupy” except between the hours of 8 a.m. to 8 p.m. and for the purposes of removing belongings, facilitating repairs or performing abatement action;

4. Permit any child under age seventeen (17) to enter on the real property of a building or structure deemed “Unsafe to Occupy” for any reason; 5. Fail to comply with an administrative order to repair or abate the conditions that resulted in the building or structure being deemed “Unsafe to Occupy.”

7/29/05 (16096) 4 – 18 b

§4.01.010 City Code, Indep., MO SEC. 4.01.010. RECOVERY OF COSTS. A. The Code Official shall keep an itemized account of the expenses incurred in the abatement of any violation, repair or demolition of any building done pursuant to the provisions of this Code. Upon the completion of the work of the abatement, repair or demolition, said Code Official shall prepare, file, and certify with the Finance Director a report specifying the work done, the itemized and total cost of the work, a description of the real property upon which the work was performed, and the names and addresses of the persons entitled to notice pursuant to this Code. B. Thereafter, the Finance Director shall cause a bill to be issued to the property owner seeking payment of the abatement, repair or demolition costs. If, after 30 days, the bill is not paid in full, then the Finance Director shall cause the certified costs to be included in a special tax bill for the property as hereafter provided. C. The property owner may file a written protest on the grounds that a mistake or error was made in the abatement, repair or demolition cost bill. Such written protest must be filed with the Code Official within 30 days of the date that the Finance Director issued the abatement cost bill and shall contain a description of the effected property. The Code Official shall set a date and time to hear the protest. If the Code Official finds that a mistake or error has been made, the Code Official may make such revision, correction or modification in the bill as is necessary to remedy the mistake or error. The decision of the Code Official on the protest and the final bill amount shall be final. The property owner shall have 30 days from the date of the decision of the Code Official to pay the bill. If, after 30 days, the bill is not paid in full, then the Finance Director shall cause the certified costs to be included in a special tax bill for the property as hereafter provided. D. A special tax bill shall be an assessment which is a lien against the lot or parcel of land assessed. The lien shall be subordinate to all existing special assessment liens previously imposed upon the same property and shall be paramount to all other liens except for State, County and Municipal taxes, with which it shall be on a parity. The lien shall continue until the assessment and all interest due and payable are paid. E. Copies of the assessment shall be given to the Jackson County Tax Collection Division, which shall add the amount of the assessment to the next regular tax bill levied against the parcel for Municipal purposes. F. The amount of the assessment shall be collected at the same time and in the same manner as ordinary property taxes are collected; and shall be subject to the same penalties and procedure and sale in case of delinquency as provided for ordinary property taxes. All laws applicable to the levy, collection and enforcement of property taxes shall be applicable to this assessment. G. All money recovered by payment of the charge or assessment or from the sale of the property at foreclosure sale shall be paid to the Finance Director who shall credit the same to the appropriate fund. SEC. 4.01.011. STRUCTURES AND EXTERIOR PROPERTY AREAS. A. All structures and exterior property and premises shall be maintained in a clean, safe and sanitary condition.

1. It shall be unlawful for any person to store, for longer than seven days, any vehicle parts, machinery, implements, tires or tools; boxes, barrels, bottles, cans, drums, bricks, blocks or stones;

10/16/98 (14007) 4 – 19


lumber or building materials; cut brush, tree branches, limbs, or timber; furniture not designed for outdoor use, stoves, refrigerators or freezers or similar items; unless such items are stored within an enclosed building.

All items not stored within a building shall be maintained in good repair and shall not permit or allow infestation by insects or rodents. Wood which is cut in lengths and sizes suitable for use as firewood may be stored in an enclosed building or outside, if evenly stacked, twelve inches (12") off the ground or on a concrete pad, provided that no infestation by insects or rodents occurs and such wood is not located in a required front or side yard. Materials stored for purposes of construction on the premises may be stored for the length of time during which a valid building permit exists, so long as said materials are evenly stacked and no infestation by insects or rodents occurs.

2. Operable farm implements on a premises that is zoned for agricultural use shall be exempt from the prohibition on open storage contained in this section.

3. Industrial and commercial outdoor storage will be in accordance with the zoning code.

4. Nothing in this section shall be applied so as to prohibit the dumping of legal fill materials which is otherwise in compliance with the Code of the City of Independence, Missouri.

5. It shall be unlawful for any person to leave or permit to remain on any exterior property or within any unoccupied or abandoned structure under control of such person, or to leave in any dump, refuse center, or other place accessible to children, any abandoned, unattended, or discarded ice box, refrigerator, or other locking device which has an air-tight door or lid, snap-lock or other locking device which may not be released from the inside, without first removing said door or lid, snaplock, or other locking device from said ice box, refrigerator, or container.

B. All premises and exterior property shall be maintained free from:

1. Noxious plants, noxious weeds and thickets. 2. Weeds and other growths of vegetation which exceed twelve inches (12”) in height, except healthy trees, shrubs, or plants grown in a tended and cultivated garden. 3. Nothing in this section shall be applied so as to prohibit: a. The use of aquatic habitats, wildlife refuges, wetlands, authorized green belts for educational purposes, demonstration areas and flora treatment projects. b. Active agricultural use of property that otherwise complies with applicable City Code and zoning provisions. However, a minimum cleared space or buffer of no less than twenty-five feet (25’) from the property line shall be maintained along all property lines, except those property lines where the adjoining property is an active agricultural use. c. Lots in excess of one acre or undeveloped lots not used for active agricultural use, or portions thereof, which are more than one hundred fifty feet (150’) distance from any developed residential or commercial lot.

9/28/07 (16798) 4 – 20

City Code, Indep., MO §4.01.011 d. Wooded areas of land densely covered with trees, shrubs and vegetation where the land, trees, shrubs and vegetation are and continue to remain uncultivated. 4. Nothing in this section shall be applied so as to prohibit the maintenance of a compost pile on residential property, which compost pile contains only items such as leaves, clippings of grass and other lawn and garden vegetation, ashes and wood chips, which items are not garbage or of such a nature as to spread or harbor disease, emit noxious gases, fumes or odors, or attract rodents, insects or other animals.

C. All premises, exterior property and structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation.

1. Whenever conditions inside or under any building or structure provide such extensive rodent-harborage that the Code Official deems it necessary to eliminate such harborage, he/she may require the owner and/or occupant to correct such rodent harborage as may be necessary in order to facilitate the eradication of rodents in a reasonable time and thereby to reduce the cost of such eradication.

D. Except as provided for in other regulations, no unlicensed motor vehicle or any motor vehicle in a state of major disassembly, disrepair, or in the process of being stripped or dismantled shall be parked, kept or stored in an unenclosed area for a period of greater than 7 days on any premises.

Exception: A vehicle of any type is permitted to undergo repair, including body work, provided that such work is performed inside a fully enclosed structure.

Exception: Motor vehicles may be stored upon the premises of a business when necessary to the duly licensed operation of such business, when storage is in conformance with other applicable provisions of the City Code.

Exception: Any motor vehicle may be parked, kept or stored on the premises for a period of greater than 7 days provided that a permit has been obtained from the Code Enforcement Supervisor allowing the parking, keeping or storage of the vehicle. A permit may be issued for a period of up to one year when the following conditions are met:

a. The motor vehicle is a vehicle the parking of which is otherwise allowed in a residential area under the Code of the City of Independence; and

b. The vehicle is being restored or repaired and it is unfeasible to complete the restoration in seven (7) days; or, the owner of the motor vehicle is away from the City of Independence on duty with any branch of the Armed Forces of the United States; or illness or other extraordinary circumstances of the owner of the motor vehicle prevent the owner from completing repairs on, or the licensing of, said motor vehicle within seven (7) days; and

c. The motor vehicle has all major parts, such as chassis, windows, wheels, and tires; it is closed to the weather; and it is parked in a driveway or an area that is paved (asphalt or cement) or graveled.

Any permit granted by the Code Enforcement Supervisor shall be for only such period as is reasonably necessary to complete the necessary repair, restoration and licensing.

E. No person shall keep, permit or allow any opened, uncovered, or unprotected well or cistern; any well or cistern which contains human or animal wastes, or in which insects are bred, hatched or raised; or any well or cistern which harbors rodents. Any well or cistern containing water which a chemical or 9/28/07 (16798) 4 – 21

§4.01.011 City Code, Indep., MO bacteriological analysis discloses to be unsafe for human consumption shall not be used as a source of drinking water. F. It shall be unlawful for any person to keep, permit, allow or maintain upon any property owned, managed or occupied by him/her any goods, merchandise, clothing, furniture or other property containing the infectious agent of a communicable disease, where such communicable disease may be spread by contact with such property and adequate precautions have not been taken to prevent the spread of such communicable disease. G. All exterior property and premises shall be free from any accumulation of rubbish or garbage and the interior of every structure shall be free from accumulation of garbage.

1. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers. It shall be prohibited for any person to deposit their refuse in containers not owned and/or rented by themselves or on premises other than their own, unless such premises are legally designated disposal areas.

a. The owner of every multi-family dwelling shall supply approved covered containers for rubbish, and the owner of the multi-family dwelling shall be responsible for the removal of rubbish. b. All outside storage containers shall be made of material designed for refuse, except that yard waste may be stored in paper or plastic containers that are closed and intact.

c. All outdoor storage containers shall be of sufficient capacity and in sufficient number to accommodate and securely keep all refuse that may accumulate between collections. Residents of the premises where such containers are provided shall deposit any and all refuse accumulated on such premises in such containers and in no other place, and shall place no more refuse therein than will be retained while such container is being handled in a reasonable manner. All containers shall be kept reasonably clean and free of any substance which would attract or breed flies, mosquitoes or any other insects. Containers shall not be stored in Front Yard or Side Yard, as defined in Chapter 14, that is abutting a street, except where terrain in other portions of the property prohibit container storage, and except on trash pickup day, as set out in Subsection I or as allowed by other sections of the City Code.

d. Highly inflammable or explosive materials shall not be placed in containers for regular collection.

e. Nothing in this paragraph shall be construed to prohibit the use of bulk containers (dumpsters) for commercial premises.

f. Outdoor storage of refuse at single-family dwellings shall be in approved residential containers as regulated above. Outdoor residential containers must be leakproof and equipped with tight fitting lids. Indoor containers moved outdoors for pickup purposes may be disposable plastic bags of at least 1 mil thickness, or a fiberglass, metal, rubber or plastic container with tight fitting lids. g. Roll-off trash containers between 10 to 40 cubic yards in size may be temporarily placed on residential property. Placement in the public right-of-way or on a public street requires a permit from the Public Works Department. Containers may be placed for a maximum of fifteen (15) days or, if needed for construction purposes, for the duration of an active City building permit. The container may only be used to temporarily store debris or refuse removed from the premises on which the roll-off container unit is sited. The container must be kept reasonably clean and sanitary, must be free from noxious odors, and must prohibit refuse from escaping.

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City Code, Indep., MO §4.01.011 H. Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage containers.

1. The operator of every business producing garbage shall provide, and at all times cause to be utilized, leakproof approved containers provided with close-fitting covers for the storage of such materials until removed from the premises for disposal.

9/28/07 (16798) 4 – 22a

City Code, Indep., MO §4.01.011 I. Refuse containers shall not be placed at a curb earlier than sixteen (16) hours prior to the time of scheduled collection. Refuse containers shall be removed from such curb no later than the same day as collection. J. Nothing herein contained shall prohibit any person from collecting or disposing of recyclable materials, provided such activity is conducted in a sanitary and sightly manner that does not result in the infestation of insects, rodents or vermin and is in compliance with this Code. K. Before any person can be charged in a court of competent jurisdiction with maintaining a violation of this section, the condition must have been determined by the Code Official to be a violation under this Code, and the person maintaining the violation has failed to abate the violation as ordered by the Code Official. L. All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair.

1. All fences and retaining walls on the premises shall be structurally sound and constructed of customary or normal fencing materials and maintained in a neat and safe manner. Wood materials, except self preservative wood products including but not limited to Cedar, Redwood and CCA treated wood, shall be protected against decay by use of paint or other preservative. They shall not encroach upon the public right of way. Fence materials which are split (other than a split rail fence), decayed, broken or loose shall be replaced. Fence supports shall be erect, and shall be replaced if they lean or buckle to such an extent that a plumb line passing through the center of gravity of the support falls outside of the outer third of its base. Fencing materials shall be firmly attached to fence supports.

M. All premises shall be graded and maintained to prevent the accumulation of stagnant water thereon, or within any structure located thereon. Water retention areas and reservoirs must be approved by the City Engineer.

1. It shall be unlawful for any person to place, deposit or permit to be placed or deposited any solid materials of any kind or nature, into, along or across any stream, ditch, culvert, drainage pipe, watercourse or other drainage system so as to impede the flow of water, or any other material that would have the same effect.

2. No person shall cause, permit or allow any stagnant water to be upon premises owned, managed or occupied by him or her.

N. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be constructed and kept in a proper state of repair, and maintained free from weeds and hazardous conditions. Stairs shall comply with the requirements of Sections 4.01.012(K) and Section 4.01.025(H). O. This subsection prohibits those conditions which interfere with the public's health, safety, peace, comfort or convenience. It is not the intent of this subsection to prohibit those conditions which effect one individual, or a few individuals, as opposed to the public in general.

1. lt shall be unlawful for any person to use, or to allow to be used, any premises owned, managed or occupied by him/her; (a) in any manner constituting a public nuisance as defined by common law or inequity jurisprudence; (b) in any manner constituting an attractive nuisance to children; (c) or in an unreasonable, unusual or unnatural manner so that it substantially impairs the ability of other persons to peacefully enjoy their property.

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2. The ability of persons to peacefully enjoy their property is substantially impaired if a normal person would regard the invasion as definitely offensive, seriously annoying or intolerable, such that there results actual physical pain, inability to sleep, eat or breathe, or property damage.

3. In addition to all other factors, the following shall be considered in any determination as to whether a person's use of his/her property constitutes a nuisance: (a) location of the use; (b) character of the neighborhood; (c) nature of the use; (d) reasonableness of the use; (e) time(s) at which the use occurs; (f) social value or utility of the use: (g) the nature, extent, and frequency of the injury; (h) the effect upon enjoyment of life, health and property of those effected; and (i) the ability of either party to avoid the harm.

4. In addition to those conditions which satisfy the tests set out above for a nuisance, any use of a person's property which produces any of the following conditions shall be deemed a nuisance:

a. Water pollution, as set out in Article 6 of Chapter 7 of the City Code.

b. Excessive noise, as set out in Article 10 of Chapter 7 of the City Code.

5. A single isolated occurrence or act, which if regularly repeated would constitute a nuisance, is not a nuisance until it is repeated.

SEC. 4.01.012. EXTERIOR STRUCTURES. A. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare, and every building shall be weather protected so as to provide shelter for the occupants against the elements. B. Each structure to which a street number has been assigned shall have such number displayed in a position easily observed and readable from the opposite side of the public right-of-way. All numbers shall be in arabic numerals at least three inches (3") high. C. All structural members shall be plumb, maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads.

1. Buildings or structures may be of any types of construction permitted by the Building Code. Roofs, floors, walls, foundations and all other structural components of buildings shall be capable of resisting any an all forces and loads to which they may be subjected. All structural elements shall be proportioned and joined in accordance with the stress limitations and design criteria as specified in the appropriate sections of the Building Code. Buildings of every permitted type of construction shall comply with the applicable requirements of the Building Code.

D. All foundation walls and chimneys 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. The foundation elements shall adequately support the building at all points. E. All exterior walls, including screened off areas, doors and windows, shall be plumb, free from holes, breaks, loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. If the exterior material is not naturally decay resistant, then proper 10/16/98 (14007) 4 – 24

City Code, Indep., MO §4.01.012 surface coating shall mean either treatment with chemicals to prevent decay, painting, or similar surface treatment. If a surface coating has been applied above the foundation on any exterior material other than fired clay brick, including all other exterior material that is naturally decay resistant, then such surface coating shall be maintained as a complete surface coating without peeling, flaking, chipping, or wear that exposes the underlying exterior material, or the surface coating shall be completely removed. All wood shall be protected against termite damage and decay as provided in the Building Code. F. The roof including soffit, facia and flashing shall be sound, tight in a level plane, with straight lines, free from sags and spongy spots, and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof water shall not be discharged in a manner that creates damage to other property. Downspouts and gutters, if provided, shall be firmly attached to the building, free of debris, and free of leakage. G. All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition. H. All canopies, marquees, signs, metal awnings, stairways, fire escapes, standpipes, exhaust ducts and similar overhang extensions shall be maintained in good repair and be properly anchored so as to be kept in a safe and sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment. Projection of cornices, eaves, sills, chimneys, canopies, balconies and other ordinary building projections shall conform to the requirements of the zoning ordinance of the City Code. I. Pipes, ducts, conductors, fans or blowers shall not discharge noxious gases, fumes and odors, steam, vapor, hot air, grease, smoke, or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another dwelling unit. J. All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment. K. Every porch and interior and exterior stairs shall be so constructed as to be safe to use and capable of supporting the loads to which they are subjected. They shall be firmly fastened, maintained in sound condition and good repair. Treads, risers, handrails and balusters that are broken, warped or loose shall be repaired or replaced. L. Every exterior opening shall be fitted with a window, door or basement hatchway cover, as appropriate, which shall be tight and maintained in sound condition and good repair to exclude wind and prevent the entrance of rodents, insects, rain and surface drainage water into the dwelling or building.

1. All glazing materials shall be maintained free from cracks and holes.

2. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware.

3. Every doorway which gives access from a habitable room or dwelling unit into a common passageway, hall, stairway or the exterior shall be fitted with a door equipped with hardware capable of ensuring security and privacy to the occupants of such habitable room or dwelling unit.

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4. All windows shall be fully supplied with glass window panes or an approved substitute without open cracks or holes and held within a framework which is free from rotting, splitting or crumbling.

5. When present, awnings are to be kept free from holes and tears and securely anchored.

M. 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 are 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 not less than 18 mesh per inch and every swinging door shall have a self-closing device in good working condition.

Exception: 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.

N. All exterior doors and hardware shall be maintained in good condition. Locks at all entrances to dwelling units, rooming units and hotel unit shall tightly secure the door.

1. Every exterior door when closed shall fit well within its frame so as to exclude wind and rain as completely as possible from entering the dwelling or structure and shall be free from holes, rotting, buckling, and splitting. Every door hinge and door latch shall be structurally sound, free from rusting and crumbling, and firmly attached to the appropriate structure. Every door available as an exit shall be capable of being easily opened from the inside, and inside access to such doors shall not be blocked.

SEC. 4.01.013. INTERIOR STRUCTURES A. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Every occupant shall keep that part of the structure which such occupant occupies or controls in a clean and sanitary condition. Every owner of a structure containing a rooming house, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property.

1. The supporting structural members of every structure shall be maintained structurally sound, showing no evidence of rotting, breaking, splitting or buckling and be capable of supporting the imposed loads.

2. All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling paint, cracked or loose plaster, decayed wood, and other defective surface conditions shall be corrected.

3. Interior and exterior painted surfaces of dwellings and child and day care facilities, including fences and outbuildings, which contain lead in excess of the Federal guidelines as stated in the Federal Register: 24 CFR Part 38 and 40 CFR Part 745 shall be removed or covered in an approved manner. Any surface to be covered shall first be marked with warnings as to the lead content of such surface.

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City Code, Indep., MO §4.01.014 SEC. 4.01.014. LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS. A. In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the Building Code shall be permitted. Every sleeping room below the fourth story shall have at least one operable window or door approved for emergency escape or rescue which shall open directly onto a public street, public alley, yard or exit court. The units shall be operable from the inside to provide a full clear opening without the use of separate tools. All escape or rescue windows shall have a minimum net clear openable area of 5.7 square feet. The minimum net clear openable height dimension shall be twenty-four inches (24"). The minimum net clear openable width dimension shall be twenty inches (20"). When windows are provided as a means of escape or rescue they shall have a finished sill height not more than forty-four inches (44") above the floor. Bars, grilles, grates or similar devices may be installed on an emergency escape or rescue window or door, provided:

1. Such devices are equipped with approved release mechanism which are openable from the inside without the use of a key or special knowledge or effort.

2. All habitable rooms shall be provided with natural light by means of exterior glazed openings with an area not less than one-tenth (1/10) of the floor area of such rooms with a minimum of ten (10) square feet.

3. All bathrooms, toilet rooms, laundry rooms and similar rooms shall be provided with natural or mechanical ventilation by means of openable exterior openings with an area not less than one-twentieth of the floor area of such rooms with a minimum of one and one-half (1½) square feet.

4. Required exterior openings for natural light and ventilation shall open directly onto a street or public alley or a yard or court located on the same lot as the building; provided, however, that required windows may open into a roofed porch where the porch: (a) Abuts a street, yard, or court; and (b) Has a ceiling height of not less than seven feet (7'); and (c) Has the longer side at least sixty-five percent (65%) open and unobstructed.

B. Every common hall and stairway, other than in one- and two-family dwellings, shall be lighted at all times with at least a 60-watt standard incandescent light bulb or equivalent for each 200 square feet of floor area, provided that the spacing between lights shall not be greater than 30 feet. Every exterior stairway, other than in one and two family dwellings shall be illuminated with a minimum of 1 footcandle at floors, landings and treads. C. All other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of sanitary conditions, and the safe occupancy of the space and utilization of the appliances, equipment and fixtures. D. Yards and courts will have the following required window openings. 12/15/95 (13196) 4 – 27


1. Every yard shall be not less than three feet (3') in width for one-story and two-story buildings. For buildings more than 2 stories in height the minimum width of the yard shall be increased as the rate of one foot (1') for each additional story. Where yards completely surround the building, the required width may be reduced by one foot (1'). For buildings exceeding 14 stories in height, the required width of yard shall be computed on the basis of 14 stories.

2. Every court shall be not less than three feet (3') in width. Courts having windows opening on opposite sides shall be not less than six feet (6') in width. Courts bounded on three or more sides by the walls of the building shall be not less than ten feet (10') in length unless bounded on one end by a public way or yard. For buildings more than 2 stories in height the court shall be increased one foot (1') in width and two feet (2') in length for each additional story. For buildings exceeding 14 stories in height, the required dimensions shall be computed on the basis of 14 stories.

3. Adequate access shall be provided to the bottom of all courts for cleaning purposes. Every court more than 2 stories in height shall be provided with a horizontal air intake at the bottom not less than ten square feet in area and leading to the exterior of the building unless abutting a yard or public way. The construction of the air intake shall be as required for the court walls of the building, but in no case shall be less than one-hour fire resistive.

E. All habitable rooms within a dwelling unit shall be provided with natural ventilation by means of operable exterior openings with an area of not less than one-twentieth (1/20) of the floor area of such rooms with a minimum of five (5) square feet, subject to the provisions of the four prior subsections. F. Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces as required by the prior subsection, except that a window shall not be required in spaces equipped with a mechanical ventilation system. Such system shall be capable of providing two (2) air changes per hour in all habitable rooms and in public corridors. One-fifth (1/5) of the air supply shall be taken from the outside. In bathrooms containing a bathtub or shower or combination thereof, laundry rooms, and similar rooms, a mechanical ventilation system connected directly to the outside capable of providing five (5) air changes per hour shall be provided. The point of discharge of exhaust air shall be at least five feet (5') from any mechanical ventilating intake. Bathrooms which contain only a water closet or lavatory or combination thereof, and similar rooms may be ventilated with an approved mechanical recirculating fan or similar device designed to remove odors from the air. G. All cooking and heating equipment, components and accessories in every heating, cooking and water-heating device shall be maintained free from leaks and obstructions and kept functioning properly so as to be free from fire, health and accident hazards. All installations and repairs shall be made in an approved manner. Portable cooking equipment employing a flame is prohibited. Unless approved through the certificate of occupancy, cooking shall not be permitted in any rooming unit or dormitory unit, and a cooking facility or appliance shall not be permitted to be present in a rooming unit or dormitory unit. H. Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local exhaust ventilation system shall be provided to remove the contaminating agent at the source. Air shall be exhausted to the exterior and not be recirculated to any space. I. Clothes dryer venting systems shall be independent of all other systems and shall be vented in accordance with the manufacturer's instructions. 12/15/95 (13196) 4 – 28

City Code, Indep., MO §4.01.015 SEC. 4.01.015. OCCUPANCY LIMITATIONS. A. Dwelling units, hotel units, rooming units and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces. B. Sleeping rooms shall not constitute the only means of access to other sleeping rooms or other habitable spaces. Exception: Dwelling units that contain one bedroom. C. Every bedroom shall have access to at least one water closet and one lavatory without passing through another bedroom. D. Dwelling units shall not be occupied by more occupants than permitted by the minimum occupancy area requirements.

1. Every dwelling unit shall have at least one (1) room which shall have not less than one hundred twenty (120) square feet of floor area. Other habitable rooms, except kitchens, shall have an area of not less than seventy (70) square feet. Where more than two (2) persons occupy a room used for sleeping purposes, the required floor area shall be increased at the rate of fifty (50) square feet for each occupant in excess of two (2). 2. Every dwelling unit shall be provided with a kitchen. Every kitchen shall be provided with a kitchen sink. Wooden sinks or sinks of similarly absorbent material shall not be permitted.

3. Kitchens, nonhabitable spaces and interior public areas shall not be occupied for sleeping purposes.

4. Nothing in this section shall prohibit the use of an efficiency living unit within an apartment house meeting the following requirements:

a. The unit shall have a living room of not less than 220 square feet of floor area. An additional 100 square feet of floor area shall be provided for each occupant of such unit in excess of two.

b. The unit shall be provided with a separate closet.

c. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than thirty inches (30") in front. Light and ventilation conforming to this Code shall be provided.

d. The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower.

E. Habitable spaces shall have a ceiling height of not less than seven feet six inches (7'6") except as otherwise permitted in this section and as provided for in the Building Code. Kitchens, halls, bathrooms and toilet rooms may have a ceiling height of not less than seven feet (7') measured to the lowest projection from the ceiling. Where exposed beam ceiling members are spaced at forty-eight inches (48") or more on center, ceiling height shall be measured to the bottom of the deck supported by these members, provided that the bottom of the members is not less than seven feet (7') above the floor. 12/15/95 (13196) 4 – 29


1. If any room in a building has a sloping ceiling, the prescribed ceiling height for the room is required in only one-half (1/2) the area thereof. No portion of the room measuring less than five feet (5') from the finished floor or the finished ceiling shall be included in any computation of the minimum area thereof.

2. If any room has a furred ceiling, the prescribed ceiling height is required in two-thirds (2/3) the area thereof, but in no case shall the height of the furred ceiling be less than seven feet (7').

3. Basement rooms in one- and two-family dwellings occupied exclusively for laundry, study or recreation purposes, shall have a ceiling height of not less than six feet eight inches (6'8") with not less than six feet four (6'4") inches of clear height under beams, girders, ducts and similar obstructions.

F. A habitable room, other than a kitchen, shall not be less than seven feet (7') in any plan dimension. Kitchens shall have a clear passageway of not less than three feet (3') between counterfronts and appliances or counterfronts and walls.

1. Except when a different requirement is set out in other Code sections, every common hall and stairway shall be a minimum of three feet (3') in width.

G. All spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage. SEC. 4.01.016. REQUIRED PLUMBING FACILITIES. A. Every dwelling unit shall contain within its walls at least one room, separate from the habitable rooms which affords privacy and is equipped with a water closet and a lavatory. Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink which shall be maintained in a sanitary, safe working condition. The lavatory shall be placed in the same room as the water closet or located in close proximity to the door leading directly into the room in which such water closet is located.

1. A bathroom or water closet compartment which is accessory to a dwelling unit shall not open directly into nor shall be used in conjunction with a place of business.

B. At least one water closet, lavatory and bathtub or shower shall be supplied for each four rooming units. Access to such water closet may not be through another rooming unit. C. A minimum of one water closet, one lavatory and one drinking facility shall be available to employees.

1. Drinking facilities shall be a drinking fountain, water cooler, bottled water cooler, or disposable cups next to a sink or water dispenser. Drinking facilities shall not be located in toilet rooms or bathrooms.

D. Toilet rooms and bathrooms shall provide privacy and shall not constitute the only passageway to a hall or other space, or to the exterior. Every water closet, bathtub or shower shall be installed in a room which will afford privacy to the occupant. 12/15/95 (13196) 4 – 30

City Code, Indep., MO §4.01.016 E. Toilet rooms and bathrooms serving hotel units, rooming units or dormitory units, shall have access by traversing not more than one flight of stairs and shall have access from a common hall or passageway. F. Toilet facilities shall have access from within the employees' regular working area. The required toilet facilities shall be located not more than one story above or below the employee's regular working area and the path of travel to such facilities shall not exceed a distance of five hundred (500'). Employee facilities shall either be separate facilities or public customer facilities.

1. Facilities that are required for employees in storage structures or kiosks, and which are located in adjacent structures under the same ownership, lease or control, shall not exceed a travel distance of five hundred (500') from the employees' regular working area to the facilities.

G. A room in which a water closet is located shall be separated from food preparation or storage rooms by a tight-fitting door. H. Every water closet, bathroom and kitchen floor surface shall be constructed and maintained so as to be substantially impervious to water so as to permit such floor to be easily kept in a cleanable and sanitary condition. I. All plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures are designed. All plumbing fixtures shall be maintained in a safe, sanitary and functional condition. SEC. 4.01.017. WATER SUPPLY SYSTEM. A. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water. B. The water supply shall be maintained free from contamination, and all water inlets for plumbing fixtures shall be located above the flood level rim of the fixture. Shampoo basin faucets, janitor sink faucets, and other hose bibs or faucets to which hoses are attached and left in place, shall be protected by an approved atmospheric-type vacuum breaker or an approved permanently attached hose connection vacuum breaker. C. The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely, and free from defects and leaks. D. Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature of not less than 110 degrees F. (43 degrees C.). A gas-burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room. An approved combination temperature and pressure relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters. 12/15/95 (13196) 4 – 31

§4.01.018 City Code, Indep., MO SEC. 4.01.018. DRAINAGE SYSTEMS. A. All plumbing fixtures shall be properly connected to either a public sanitary sewer system or to an approved private sewage disposal system. All plumbing fixtures shall be of an approved glazed earthen-ware type or a similarly nonabsorbent material. B. Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions, leaks and defects. C. Storm drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall not be discharged in a manner that creates a public nuisance and shall not be connected to the sanitary sewer. SEC. 4.01.019. HEATING FACILITIES. A. Heating facilities shall be provided in structures as required by this section. B. Every dwelling shall be provided with heating facilities capable of maintaining a room temperature of 70 degrees F. in all habitable rooms, bathrooms and toilet rooms. Such facilities shall be installed and maintained consistent with applicable Building, Electrical and Mechanical Codes, and Fire Codes. C. The required room temperatures shall be measured at a point three feet (3') above the floor and three feet (3') from the exterior walls. SEC. 4.01.020. MECHANICAL EQUIPMENT. A. All mechanical equipment, fireplaces and solid fuel-burning appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function. B. All fuel-burning equipment and appliances shall be connected to an approved chimney or vent.

Exception: Fuel-burning equipment and appliances which are labeled for unvented operation. C. All required clearances to combustible materials shall be maintained. D. All safety controls for fuel-burning equipment shall be maintained in effective operation. E. A supply of air for complete combustion of the fuel and for ventilation of the space shall be provided for the fuel-burning equipment. F. Devices purporting to reduce fuel consumption by attachment to a fuel-burning appliance, to the fuel supply line thereto, or to the vent outlet or vent piping therefrom, shall not be installed unless labeled for such purpose and the installation is specifically approved. SEC. 4.01.021. ELECTRICAL FACILITIES. A. The electrical system of every occupied building shall be in compliance with the requirements of this section and Section 4.01.024. 12/15/95 (13196) 4 – 32

City Code, Indep., MO §4.01.021 B. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the Electrical Code. Every dwelling shall be served by a main service that is not less than 60 amperes, three wires. C. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the Code Official shall require the defects to be corrected to eliminate the hazard. SEC. 4.01.022. ELECTRICAL EQUIPMENT. A. All electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner. B. Every public hall, interior stairway, water closet compartment, bathroom, laundry room and furnace room shall contain at least one electric lighting fixture. C. Extension cords shall be maintained in good condition at all times, shall be properly grounded, shall not exceed their ampacity rating, and shall not be used in place of permanent wiring. D. Except as allowed by the Electrical Code, a clear and unobstructed means of access with a minimum width of thirty inches (30") and a minimum height of seventy-eight inches (78") shall be maintained from the operating face of any switchboard or panelboard to an aisle or corridor. SEC. 4.01.023. ELEVATORS, ESCALATORS AND DUMBWAITERS. A. Elevators, dumbwaiters and escalators shall be maintained to sustain safely all imposed loads, to operate properly, and to be free from physical and fire hazards. B. In buildings equipped with passenger elevators, at least one elevator shall be maintained in operation at all times when the building is occupied.

Exception: Buildings equipped with only one elevator shall be permitted to have the elevator temporarily out of service for testing or servicing.

C. All elevators shall conform to the requirements of Rule 211.3 of ASME A17.1, Fire Code and Building Code, and the Standards of the National Fire Protection Association. SEC. 4.01.024. FIRE HAZARD DEFINED. Any thing or act which increases or could cause an increase of the hazard or menace of fire to a greater degree than that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing, or extinguishing fire or any thing or act which could obstruct, delay, hinder or interfere with the operations of the fire department or the egress of occupants in the event of a fire SEC. 4.01.025. MEANS OF EGRESS. A. A safe, continuous and unobstructed means of egress shall be provided from the interior of a structure to a public way. There shall be no obstruction to or of fire escapes, ladders which may be used as escapes, stairways, aisles, exits, doors, windows, passageways or halls, likely in the event of fire to interfere with the operations of the fire department or of the safety and ready egress of occupants. 12/15/95 (13196) 4 – 33


1. Every building or portion thereof shall be provided with exits, exitways and appurtenances as required by the Building Code and the Fire Code.

B.. The capacity of the exits serving a floor shall be sufficient for the occupant load thereof as determined by the Building Code and the Fire Code. C. Every building or portion thereof shall be provided with at least one exit, and not less than 2 exits when required by the Fire or Building Codes. Every occupied story above the second story, and every story below grade, shall be provided with a minimum of two exits, except for any other provisions permitted in the Fire Code and Building Code. D. Exits shall not lead through other units, toilet rooms, bathrooms, kitchens, store rooms, closets or hazardous areas. E. As required by the Fire Code and Building Code, all means of egress shall be indicated with an approved "Exit" sign. All required "Exit" signs shall be illuminated at all times that the building is occupied. F. At no time shall corridors be less than thirty-six inches (36") in width and when the occupant load exceeds 10, the exits shall not be less than forty-four inches (44") in width. All corridors shall have a clear height of not less than seven feet (7'). All corridors shall be constructed following the provisions of the Fire Code and Building Code. G. Arrangement of chairs or tables and chairs shall provide for ready access by aisle access ways and aisles to each egress door. The minimum clear width shall not be less than thirty-six inches (36") where tables, counters, furnishings, merchandise or other similar obstructions are placed on one side only and forty-four inches (44") where such obstructions are placed on both sides. The clear width shall not be obstructed by chairs, tables, or other objects. Aisles shall lead to an exit door and shall not exceed one hundred fifty feet (150') or two hundred feet (200') in buildings equipped with an automatic sprinkler system. H. Stairways shall have handrails on each side, with intermediate handrails when the width exceeds eighty-eight inches (88"). Handrails shall not be placed closer than thirty-four inches (34") or farther than thirty-eight inches (38") above the nosing of treads, shall extend six inches (6") above the top step and shall terminate in newel posts or safety terminals. Stair risers shall not be less than four inches (4") nor greater than seven inches (7") and the stair run shall not be less than eleven inches (11"). Guardrails shall be provided as required by Section 1711 of the Uniform Building Code, except for any other provision permitted by the Fire Code and Building Code. I. A sign shall be provided at each floor landing in all stairways extending more than 3 stories, designating the floor level above or below the floor of discharge. Elevator call stations shall be marked with approved signs in accordance with the requirements for new buildings in the Fire Code and Building Code. J. All egress doors shall be readily openable from the inside without the use of a key or special knowledge or effort. Panic hardware shall be provided when required by the Fire Code and Building Code. 12/15/95 (13196) 4 – 34


Exceptions: Only as provided by the Fire Code and Building Code, with the approval of the Fire Chief, and subject to revocation for due cause.

K. Sleeping rooms in basements or in any story located below the fourth floor shall have at least one openable window or door approved for emergency egress or rescue, or shall have access to not less than two approved independent exits. Emergency escape windows shall meet the requirements of the Fire Code and Building Code. SEC. 4.01.026. ACCUMULATIONS AND STORAGE. A. Accumulations of wastepaper, hay, grass, straw, weeds, litter, or combustible or flammable waste material, rubbish, or garbage shall not be stored or allowed to accumulate in structures or upon any exit passage way. Accumulations within stairways, passageways, doors, windows, fire escapes or other means of egress shall be immediately removed upon order of any Code Official. B. Combustible, flammable, explosive or other hazardous materials, such as paints, volatile oils and cleaning fluids, or combustible rubbish, such as wastepaper, boxes and rags, shall not be accumulated or stored unless such storage complies with the applicable requirements of the Fire Code and Building Code. All storage shall be no less than two feet (2') from any ceiling and eighteen inches (18") from any sprinkler head. SEC. 4.01.027. FIRE RESISTANCE RATINGS. A. All required fire-resistive construction, including occupancy separations, area separation walls, exterior walls due to location on property, fire-resistive requirements based on type of construction, draft-stop partitions and roof coverings shall be maintained as specified in the Fire Code and Building Code and shall be properly repaired, restored or replaced when damaged, altered, breached, penetrated, removed or improperly installed. B. All required fire assemblies, including fire doors, fire windows and fire dampers, along with all required hardware, anchorage, frames and sills, shall be maintained as specified in the Fire Code and Building Code. These assemblies shall bear an approved label or other identification showing the rating thereof and shall be properly repaired, restored, or replaced when damaged, altered, breached, penetrated, removed, or improperly installed. Fire doors shall not be held open by door stops, wedges, or other unapproved devices. SEC. 4.01.028. FIRE PROTECTION SYSTEMS. A. All smoke detection, fire detection, and fire alarm systems, shall be properly maintained in accordance with the applicable standards of the National Fire Protection Association or other recognized National standards. B. Fire protection systems shall be in proper operating condition at all times, and shall be immediately returned to service following activation.

1. Control valves shall be in the fully open position, and shall be locked in such position if subject to tampering.

2. Sprinklers shall be clean and free of corrosion, paint and damage. Stock shall be at least eighteen inches (18") below sprinkler deflectors.

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3. Sprinkler piping shall be properly supported and shall not support any other loads. C. All portable fire extinguishers shall be visible, provided with ready access thereto, and maintained in an efficient and safe operating condition. Extinguishers shall be of an approved type and size, and shall be inspected as required by the Fire Code. D. Fire protective signaling systems shall be in proper operating condition at all times.

1. The "power on" indicator shall be lit. Alarm or trouble indicators shall only light when the system is activated or a problem is detected.

2. All manual fire alarm pull stations shall be operational and unobstructed.

3. All automatic fire detectors shall be operational and free from any obstructions that prevent proper operation, including smoke entry. Automatic fire detectors shall be maintained following the recommended guidelines of the manufacturer.

4. A smoke detector shall be installed on each level of all dwelling units (any occupancy where persons sleep), including basements, as required by the Fire Code and Building Code.

5. All detectors shall be installed in accordance with the manufacturers recommendations and as provided by the Fire Code. When activated, smoke detectors shall provide an alarm suitable to warn all occupants within the dwelling unit.

6. The power source for smoke detectors shall be an AC primary power source or a monitorized battery primary power source. AC units may also provide a battery back-up supply.

7. Anyone tampering or interfering with the effectiveness of a smoke detector shall be in violation of this Code.

SEC. 4.01.029. SMOKE AND HEAT DETECTION. Approved smoke or heat detectors shall be installed in return air ducts or plenums in recirculating air systems with a capacity of more than 2,000 cfm, in accordance with the Mechanical, Fire, and Building Codes Actuation of the detectors shall stop the fan automatically and shall be of the manual-reset type. Automatic shutdown is not required where the system is part of an approved smoke control system. SEC. 4.01.030. FLAMMABLE GAS METERS AND APPLIANCES. A. Meters, regulators, and piping exposed to vehicular damage, shall be protected in an approved manner. B. Heat producing appliances shall be installed and maintained in accordance with their manufacturers listings and the Fire Code, Building Code, and Mechanical Code. Proper clearances shall be maintained from combustibles, regardless if the appliance is in service or not. C. Portable equipment shall only be used following their manufacturers recommendations. 12/15/95 (13196) 4 – 36

City Code, Indep., MO §4.01.030 D. All gas appliances shall be provided with a shut-off valve which will stop the flow of gas to the appliance. Such valve shall be located outside of the appliance, and within three feet (3') of the appliance. E. All combustible materials shall be stored away from heat producing appliances and equipment. F. Vent piping shall be properly connected and in place at all times. G. All over pressurization or safety devices shall be maintained operational at all times. SEC. 4.01.031. SOLID FUEL. A. Chimneys shall be maintained clear at all times, and shall be cleaned as necessary. B. Fireplaces, wood stoves, heatilators, fire boxes, chimney, dampers, catalytic converters, etc. shall be periodically inspected for damage or malfunction (cracks, bricks missing, etc.) which could cause a fire. SEC. 4.01.032. VALIDITY. A. If any section, subsection, paragraph, sentence, clause or phrase of this Code shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this Code which shall continue in full force and effect, and to this end the provisions of this Code are hereby declared to be severable. B. This Code shall not affect violations of any other ordinance, Code or regulation existing prior to the effective date hereof, and any such violation shall be governed and shall continue to be punishable to the full extent of the law under the provisions of those ordinances, codes or regulations in effect at the time the violation was committed. SEC. 4.01.033 - 4.01.999 RESERVED. 12/15/95 (13196)) 4 - 37 [Next page is 4-39]


ARTICLE 2. CONTRACTOR LICENSING REQUIREMENTS SEC. 4.02.001. INTENT. The purpose of this Article is to protect the public welfare by assuring that those undertaking the construction, alteration, repair, or demolition of structures are qualified to perform such services. It is further the intent that owner-occupants of single-family residential structures be permitted, without first obtaining a contractor’s license, to perform minor work on such homeowner’s residence. SEC. 4.02.002. CONTRACTOR DEFINED. A “contractor” shall mean any person or firm that undertakes with or for another to construct, alter, repair, or demolish any structure or any portion thereof including every plumbing contractor, electrical contractor, mechanical heating, ventilation, and air-conditioning (HVAC) contractor, and general contractor, building contractor, and residential contractor. A “Firm”, for the purposes of this Article, means any sole proprietorship, partnership, association, limited liability company or corporation. SEC. 4.02.003. DEFINITIONS. In this Article, unless the context requires otherwise:

APPRENTICE means an individual person who labors at the trade of installing, altering, repairing, removing, replacing or maintaining any HVAC, pipefitting, plumbing, electrical system or equipment under the direct supervision of a master or journeyman craftsman.

CLASS A – GENERAL CONTRACTOR means any person or firm that constructs, alters or repairs any

structure for which a permit is required. CLASS B – BUILDING CONTRACTOR means any person or firm that constructs, alters or repairs all

structures not exceeding three stories in height. CLASS C –RESIDENTIAL CONTRACTOR means any person or firm that constructs, alters or repairs

and single-family, duplex or townhouse structure and buildings accessory thereto. CLASS D – MECHANICAL, ELECTRICAL AND PLUMBING CONTRACTOR means any person

or firm that performs mechanical (HVAC) services, plumbing services, or electrical contractor services. JOURNEYMAN means an individual person who labors at the trade of installing, altering, repairing,

removing, replacing or maintaining any HVAC, pipefitting, plumbing, electrical system or equipment under the direct supervision of a master craftsman.

MASTER means an individual person licensed under the provisions of this Article who is responsible

for any HVAC, pipefitting, plumbing or electrical installation for which a permit has been issued under the provisions of this Code.

SEC. 4.02.004. EXCLUSIONS. It is the intent of this Article that the contractor who obtains a building permit shall be responsible, within the scope of such permit, for the completion of the construction, alteration, repair, or demolition in accordance with all applicable building, fire, electrical, plumbing and HVAC codes (“Codes”). However, the following persons are not “contractors” within the meaning of this Article:

1. An employee or agent working for and under the supervision of a contractor licensed under this Article for any type of construction being undertaken; and

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2. A homeowner who personally occupies and undertakes the construction, alteration, repair, or maintenance of such homeowner’s single-family residence or any accessory structure thereto. Notwithstanding the foregoing, for purposes of this section, any homeowner who undertakes the construction of a new residence for his personal occupancy more than one (1) time in any five (5) year period shall be deemed to be a “contractor” under this Article.

SEC. 4.02.005. CONTRACTOR RESPONSIBLE FOR ALL WORK. Upon issuance of a building permit to a contractor, such contractor shall be responsible for all work undertaken pursuant to such building permit, including work done by the contractor’s employees, agents, and subcontractors. Said work shall be performed in accordance with all applicable codes as adopted and amended from time to time. SEC. 4.02.006. CONTRACTOR INSURANCE. Every contractor, except a contractor who has an “inactive license”, shall keep in force a policy of general liability insurance, including completed operations coverage during the term of the building permit or actual construction, whichever date is later. Such insurance policy shall be written with an insurance company licensed to do business in the State of Missouri. All contractors shall maintain general liability coverage in an amount not less than Five Hundred Thousand and NO/100 Dollars ($500,000.00). In addition, every such contractor shall procure and maintain workers compensation insurance as required by law. A contractor, at the time of licensing under this Article, shall provide the Independence Community Development Department with a certificate of insurance or other satisfactory evidence of the insurance coverage required by this section. 10/23/18 (18912) 4 - 40

City Code, Indep., MO §4.02.009 SEC. 4.02.007. HEARINGS. All contested matters pertaining to the approval, issuance, suspension, revocation, renewal, and reinstatement of licenses, including examinations, shall be heard by the Board of Building and Engineering Appeals. The Board shall meet only upon the call of the Board Chairman or the Building Official at a time and place designated. SEC. 4.02.008. RULES AND REGULATIONS. The Board of Building and Engineering Appeals may adopt rules, regulations, and procedures consistent with the provisions of this Article. SEC. 4.02.009. LICENSES AUTHORIZED. There shall be four (4) separate classes of licenses authorized for contractors as provided in this Article:

Class A – General Contractor. A General Contractor License shall entitle the holder thereof to construct, remodel, demolish or repair any structure. Said contractor shall not engage in any mechanical (HVAC), plumbing, or electrical services unless also properly licensed as a Class D Contractor.

Class B – Building Contractor. A Building Contractor license shall entitle the holder thereof to construct, remodel, demolish or repair all structures not exceeding three (3) stories in height. A Class B license shall also entitle the license holder to perform nonstructural remodeling, tenant finish, and repairs of all structures. Said contractor shall not engage in any mechanical (HVAC), plumbing, or electrical services unless also properly licensed as a Class D Contractor. Class C – Residential Contractor. A Residential Contractor license shall entitle the holder thereof to construct, remodel, demolish or repair any single-family, duplex, or townhouse structure and buildings accessory thereto. Said contractor shall not engage in any mechanical (HVAC), plumbing, or electrical services unless also properly licensed as a Class D Contractor. Class D – Mechanical, electrical and plumbing contractors. A Class D license shall entitle the holder thereof to perform mechanical (HVAC) services, plumbing services, or electrical contractor services. Said contractors shall be specifically licensed for each trade in which they desire to perform work and shall not engage in any work entitled by Class A, Class B, or Class C contracting services unless also properly licensed to perform said work.

SEC. 4.02.010. APPLICATION FORM AND FEE. The Independence Community Development Department shall receive and process contractor license applications. A fee for each contractor license shall be paid prior to issuance of said license, in accordance with the City’s Schedule of Fees. All application and license fees shall be paid without proration. No contractor license may be transferred or reassigned. SEC. 4.02.011. RENEWAL OF LICENSE. A. Every contractor license shall be issued on a one (1) year basis to expire on December 31st of the year of expiration as noted on the license. A contractor shall be entitled to renew such contractor’s license upon satisfaction of the requirements of this Article.

1. Any contractor whose license is suspended for any Code-related violation must provide satisfactory evidence to the Board of Building and Engineering Appeals that the violation has been corrected in accordance with the applicable Code. Failure to provide such evidence may result in the revocation of the contractor’s license.

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§4.02.011 City Code, Indep., MO 2. When a contractor’s license is revoked, a new license shall not be granted until the contractor has

first passed an examination as required by this Article and has provided the Board of Building and Engineering Appeals with satisfactory evidence that a new license should be issued. If the contractor’s license is revoked as the result of a Code-related violation, such contractor may not be re-licensed unless the Board of Building and Engineering Appeals determines that the violation has been corrected.

B. A license renewal application may be submitted to the City beginning on December first through and including the last day of April of the following year without becoming delinquent. Thereafter, a contractor’s license shall be delinquent. License renewal applications shall be made by the Independence Community Development Department no later than December 1st of the renewal year to every licensed contractor. The failure to receive an application shall not excuse untimely license renewal. C. Any contractor whose license is suspended for any Code-related violation must provide satisfactory evidence to the Board of Building and Engineering Appeals that the violation has been corrected in accordance with the applicable Code. Failure to provide such evidence may result in the revocation of the contractor’s license. D. When a contractor’s license is revoked, a new license shall not be granted until the contractor has first passed an examination as required by this Article and has provided the Board of Building and Engineering Appeals with satisfactory evidence that a new license should be issued. If the contractor’s license is revoked as the result of a Code-related violation, such contractor may not be re-licensed unless the Board of Building and Engineering Appeals determines that the violation has been corrected. SEC. 4.02.012. INACTIVE LICENSE. During the annual renewal period, a licensed contractor who has completed the annual requirement for continuing education may, upon the payment of the fee, set forth in the City’s Schedule of Fees, have the contractor’s license declared inactive. No building permit shall be issued to a contractor with an inactive license. The holder of an inactive license may annually renew the inactive license upon the completion of all requirements and the payment of the annual renewal fee. The holder of an inactive license may obtain an active contractor license at any time upon the payment of the required license fee. SEC. 4.02.013. DELINQUENT LICENSE. Any license that has not been renewed prior to and including the last day of April of the year of its expiration shall be declared delinquent. A late fee equal to and in addition to the regular contractor license fee shall be accessed the contractor applicant upon renewal. Any license not renewed within one (1) year of its expiration shall be considered a new license and shall be subject to the contractor licensing requirements of this Article. SEC. 4.02.014. EXAMINATIONS, LICENSE APPROVAL, AND ISSUANCE. A. Every Class A, B and C Contractor applicant shall be licensed by satisfying one or more of the following provisions:

1. Obtain or possess a certificate of competency with a seventy-five (75%) percent passing score from Prometric, ICC Contractor Examination Services or other nationally recognized testing institutions; or

2. Hold a Bachelor’s degree in engineering, architecture, or construction science from an accredited college or university.

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City Code, Indep., MO §4.02.014 B. Every Class D Contractor applicant shall be licensed by satisfying one or more of the following provisions:

1. Show 3 years of documented proof as an apprentice or Journeyman. 2. Show documentation of 3 years of related work activity as an apprentice or Journeyman. 3. Obtain or possess a certificate of competency with a seventy-five (75%) percent passing score

from Prometric, ICC Contractor Examination Services or other nationally recognized testing institutions.

C. The Building Official is hereby authorized to administer examinations to determine the qualifications of applicants and shall utilize the Prometric, International Code Council (ICC) examination service or other nationally recognized testing institution. D. The Building Official shall expeditiously process all license applications. The Building Official shall adopt reciprocity rules and regulations to allow persons and firms from other cities or states to obtain a contractor’s license based upon such person’s or firm’s Prometric, ICC Contractor Examination Service in such other city or state or other nationally recognized testing institution. Reciprocity will be given to Johnson County, Kansas, license holders. The Building Official shall provide for the recognition of codes-related education provided by governmental entities, trade associations, contractor education providers and others for courses and instruction directly related to those codes adopted by the City of Independence, Missouri. E. The contractor-applicant shall disclose, at the time of application, any current or previous contractor license held in Missouri or any other state and any disciplinary actions taken against such contractor-applicant. If the contractor-applicant is employed by or a principal of a firm, the application shall disclose whether the firm or the firm’s employees or principals have had any contractor-related disciplinary action taken against them in Missouri or any other state. No license shall be issued to any contractor-applicant who has had a license suspended or revoked for disciplinary reasons, or who has surrendered a license during any disciplinary proceeding or investigation, within the immediately preceding five (5) years. Any contractor-applicant denied a license under the provisions of this section may appeal such denial to the Board of Building and Engineering Appeals. F. The City of Independence will sponsor an individual for their testing by Prometric, ICC Contractor Examination Services or other nationally recognized testing institutions in return for their payment of a fee to the City in accordance with the City’s Schedule of Fees. Persons requesting the City of Independence sponsor a journeyman or master certification examination must submit a completed examination form and documentation of three (3) years of related experience. SEC. 4.02.015. FIRMS/DESIGNATED REPRESENTATIVES.

Under this Chapter, a firm may obtain, in the firm’s name, a contractor’s license provided that such firm has at least one full-time employee who is designated by the firm as its representative and such designated representative satisfies one of the requirements of this Article. A designated representative must spend a minimum of five hundred (500) hours a year carrying out the work of the firm. Whenever a building permit is issued in the name of a firm, the firm shall be subject to these regulations and the jurisdiction of the Board of Building and Engineering Appeals. A contractor’s license is not transferable from one person or firm to another person or firm. SEC. 4.02.016. BUSINESS LICENSE. It shall be unlawful for any person to engage in the business of a contractor without first obtaining a business license as required under the provisions of Section 5.01.022 and Section 5.01.026 of this Code. 10/23/18 (18912) 4 - 43

§4.02.017 City Code, Indep., MO SEC. 4.02.017. ADMINISTRATIVE APPEALS

A. Any contractor-applicant directly affected by the decision of the Building Official in regard to contractor licensing and after receiving a notice or order issued under this Article, shall have the right to appeal to the Board of Building and Engineering Appeals, provided that a written appeal is filed within ten (10) days after the day the decision, notice or order was served. If a person fails to appeal a decision within ten (10) days as set forth in this section, the decision shall be final and no appeal shall be heard. A written appeal shall be based on a claim that the applicable code provisions have been incorrectly interpreted or applied, or that the decision was based on erroneous facts. The following information must be contained in a written appeal made by any person entitled to appeal:

a. A statement of the specific order or action protested together with any material facts claimed to support the contentions of the appellant;

b. A statement of the relief sought and the reasons why it is claimed the protested order or action should be reversed, modified, or otherwise set aside; and

c. The signatures of all parties named as appellants and their official mailing addresses.

B. Upon receipt of any appeal filed pursuant to this section, the Building Official shall provide notice to the person of the date, time and place of hearing, where the person will have full opportunity to present evidence and testimony in support of the person’s appeal. The hearing shall be conducted as a contested case under the provisions of Chapter 536 RSMo and the Board of Building and Engineering Appeals shall issue a final decision within ten (10) days of the hearing date. The decision shall include written findings of fact and conclusions of law. The decision of the board shall be final for purposes of appeal, pursuant to Chapter 536 RSMo. SEC. 4.02.018. CONTRACTOR DISCIPLINE. The Board of Building and Engineering Appeals shall have the authority to admonish, reprimand, and otherwise discipline any contractor subject to the requirements of this Article, including the suspension or revocation of the contractor’s license issued under the provisions of this Chapter. Before a contractor is disciplined, a hearing shall be held following not less than ten (10) days notice to the effected contractor. The Board of Building and Engineering Appeals may suspend or revoke a contractor’s license if the Board concludes, following a hearing, that the contractor’s action or inaction is:

1. A serious or repeated violation of the provisions of this Article, any applicable Code, or the failure to comply within a reasonable time to any lawful written order of the Building Official;

2. A knowing and intentional misrepresentation of a material fact made in connection with obtaining a contractor’s license or a permit; 3. A fraudulent or deceitful use of a contractor’s license to obtain a permit;

4. A failure to obtain a permit or to obtain a required inspection of an on-going project as required by any applicable Code;

5. A failure to exercise regular, routine control and supervision over an on-going project for which the contractor has obtained a permit;

6. A failure to timely obtain a final inspection or a certificate of occupancy for a completed structure, prior to occupancy, as required by the applicable building code; 7. A failure to hire a licensed electrical, plumbing, or HVAC contractor to perform any electrical, plumbing, or HVAC work on the job site for which the contractor obtained a permit; or inspection fee.

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City Code, Indep., MO §4.02.019 SEC. 4.02.019. BOARD ACTION. When a ruling by the Board of Building and Engineering Appeals that a contractor has violated one or more of the provisions of this Article, the Board of Building and Engineering Appeals may admonish, reprimand, or take other appropriate disciplinary action against such contractor including, but not limited to:

1. Suspension of the contractor’s license for a fixed period not to exceed ninety (90) days.

2. Suspension of the contractor’s license for a fixed period exceeding ninety (90) days, provided however, the contractor shall have the right to have the suspension and the terms thereof reconsidered by the Board at the expiration of the first ninety (90) days and every ninety (90) days thereafter to determine if just cause exists to modify or terminate the suspension. Such reconsideration may, at the Board’s option, include a hearing.

3. Revocation of the contractor’s license for a period not less than twelve (12) months from the date of revocation. A contractor’s license shall be revoked if the contractor has been suspended five (5) times during any thirty-six (36) month period. 4. Any decision of the Board of Building and Engineering Appeals shall be made in writing and mailed to the contractor. A contractor may appeal any decision of the Board of Building and Engineering Appeals to the Independence City Council by filing a notice of appeal with the Board of Building and Engineering Appeals within thirty (30) days following the third day after the Board of Building and Engineering Appeals’s written decision was mailed to the contractor as evidenced by a certificate of mailing which shall be included within the decision. When an appeal is filed, the secretary of the Board of Building and Engineering Appeals shall forward the appeal to the Independence City Council together with the Board of Building and Engineering Appeals record. Appeals to the Independence City Council shall be de novo and no action shall be taken by the Contractor Review Board during a pending appeal.

SEC. 4.02.020. SAFE HARBOR PROVISION. A contractor shall not be found in violation of this Article, nor disciplined by the Board of Building and Engineering Appeals, for a violation of an applicable building safety code provision if the contractor performs the work in accordance with and reliance upon duly certified plans and specifications prepared or approved by an architect or engineer licensed in Missouri without knowledge by the contractor that such plans and specifications, or pertinent parts thereof, are in violation of applicable Codes. SEC. 4.02.021 - 4.02.999 RESERVED. 10/23/18 (18912) 4 – 44a [Next page is 4-45]


ARTICLE 3. FAIR HOUSING CODE

SEC. 4.03.001. STATEMENT OF POLICY. The City Council of the City of Independence, Missouri hereby declares it to be the public policy of the

City to eliminate discrimination and safeguard the right of any person to sell, purchase, lease, rent, or obtain real property without regard to race, color, religion, sex, handicap, familial status or national origin This Article shall be deemed an exercise of the police powers of the City of Independence, for the protection of the public welfare, prosperity, health and peace of the people of the City.

SEC. 4.03.002. DEFINITIONS. For the purpose of this Article certain terms, and words are hereby defined as follows:

BUSINESS means any vocation, occupation, profession, enterprise, establishment or other activity which is conducted for private profit or benefit, either directly or indirectly, on any premises in the City of Independence, and any similar business which is not-for-profit, not otherwise exempted under this Article.

CHAIRMAN means the Chairman of the Independence Commission on Human Relations.

COMMERCIAL UNIT means a building or portion thereof arranged, intended, or designed for occupancy by a single business.

COMMISSION means the Independence Commission on Human Relations.

CONCILIATION means the attempted resolution of issues raised by a complaint, or by the investigation of a complaint, through informal negotiations involving the person making the complaint, the person against whom the complaint was made, and the Human Relations Commission.

CONCILIATION AGREEMENT means a written agreement setting forth the resolution of the issues in conciliation.

DWELLING means any building, structure or portion thereof located within the territorial limits of Independence which is occupied as, or designed or intended for occupancy, as residence by one or more families, and any vacant land which is offered for sale or lease for the construction thereon of any such building, structure or portion thereof.

DWELLING UNIT means a building or portion thereof, arranged, intended, or designed for occupancy by one family.

FAMILIAL STATUS means one or more individuals under eighteen years of age being domiciled with:

1. a parent or another person having legal custody of such individual or individuals; or

2. the designee of such parent or other person having such custody, with the written permission of such parent or other person.

The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or in the process of securing legal custody of any individual who has not attained the age of eighteen years.

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§4.03.002 City Code, Indep., MO FAMILY shall include a single individual.

HANDICAP means, with respect to a person:

1. a physical or mental impairment which substantially limits one or more of such person's major life activities, or

2. a record of having such an impairment, or

3. being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance, as defined by Section 102 of the United States Controlled Substances Act (21U.S.C. 802).

PERSON means any individual, corporation, partnership, association, labor organization, legal representative, mutual company, stock company, trust, unincorporated association, trustee in bankruptcy, guardian, conservator, or receivers and fiduciaries.

SEC. 4.03.003. DISCRIMINATORY PRACTICES PROHIBITED.

It shall be a discriminatory practice and unlawful:

A. For any person, having the right, responsibility, or authority to sell, rent, lease, assign or sub-lease any dwelling unit, commercial unit or real property or any part or portion thereof or interest therein, to refuse to sell, rent, lease, assign, or sub-lease any dwelling unit, commercial unit, real property or part or portion thereof or interest therein, to any person because of the race, color, religion, sex, handicap, familial status or national origin of said person.

B. For any person, having the right, responsibility or authority to sell, rent, lease, assign or sub-lease any dwelling unit, commercial unit or real property or any part or portion thereof or interest therein, to impose upon any person because of the race, color, religion, sex, handicap, familial status or national origin of such person unusual, extraordinarily onerous terms, conditions or privileges in the sale, rental, leasing, assignment or sub-leasing of any dwelling unit, commercial unit or real property or any part or portion thereof or interest therein, or to require a higher sale price or rental or otherwise impose terms more burdensome upon any person because of race, color, religion, sex, handicap, familial status or national origin and which would not be required of other persons.

C. For any person, engaged in lending money, guaranteeing loans, accepting mortgages or otherwise making available funds for the purchase, acquisition, construction, rehabilitation, repair, or maintenance of any dwelling unit, commercial unit or real property or any part or portion thereof or interest therein, to discriminate because of race, color, religion, sex, handicap, familial status or national origin of any person applying for loans or guarantees or mortgages in lending money, guaranteeing loans, accepting mortgages or otherwise making available funds for the purchase, acquisition, construction, rehabilitation, repair or maintenance of any dwelling unit, commercial unit or real property or any part or portion thereof or interest therein, or to place unusual, extraordinarily onerous rates of interest, terms or conditions on the lending of said money, the guaranteeing of said loans, acceptance of said mortgages or the availability of such funds.

D. For any person to discriminate in furnishing any facilities or services to any dwelling unit, commercial unit, real property or any part or portion thereof or interest therein, because of the race, color, religion, sex, handicap, familial status or national origin of any person making application for such facilities or services.

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E. For any person in the real estate business, whether acting as a dealer, a broker or in any other capacity, to discriminate in the selling, renting, leasing, assigning or sub-leasing of any dwelling unit, commercial unit, real property or any part or portion thereof or interest therein, against any person because of race, color, religion, sex, handicap, familial status or national origin of such person and further, to indicate in any way that any dwelling unit, commercial unit, real property or any part or portion thereof or interest therein, is not available for inspection, sale, rental, lease, assignment or sub-lease, or otherwise to deny or withhold any dwelling, unit, commercial unit, real property or any part or portion thereof or interest therein, from any person because of race, color, religion, sex, handicap, familial status, or national origin of such person.

F. For any person to include in any agreement relating to the sale, rental, lease, assignment or sub-lease of any dwelling unit, commercial unit, or real property or any part or portion thereof or interest therein, as a condition of said transaction, that the purchaser, renter, tenant, occupant or assignee does agree not to sell, rent, lease, assign or sublease the said dwelling unit, commercial unit, or real property or any part or portion thereof or interest therein, to any person because of race, color, religion, sex, handicap, familial status or national origin of such person.

G. For any person to engage in any form of threats or reprisal, or to engage in, or hire, or conspire with others to commit acts or activities of any nature, the purpose of which is to harass, degrade, embarrass, or to cause physical harm or economic loss to any person because such person complies with the provisions of this Article or has opposed any practice forbidden under this act, or has filed a complaint, testified or assisted in any proceeding under this Article.

H. For any person to aid, abet, incite, compel, coerce, cooperate or participate in the doing of any act declared to be a discriminatory practice under the provisions of this Article or to obstruct or prevent compliance with the provisions of this Article, or to attempt directly or indirectly to commit any act declared by this Article to be a discriminatory practice.

I. For any person to induce or attempt to induce the sale or listing for sale of any dwelling unit, commercial unit or real property or any part or portion thereof or interest therein, by representing that a change has occurred or will or may occur with respect to the racial, religious or ethnic composition of the block, neighborhood or area in which the property is located, or to induce or attempt to induce such sale by representing that the presence or anticipated presence of persons of any particular race, color, religion, sex, handicap, familial status, or national origin in the area will or may result in:

1. the lowering of property values;

2. a change in the racial, religious or ethnic composition of the block, neighborhood or area in which the property is located;

3. an increase in criminal or antisocial behavior in the area;

4. a decline in the quality of the schools serving the area.

J. For any person having the right, responsibility or authority to sell, rent, lease, assign or sub-lease any dwelling unit, commercial unit or real property or any part or portion thereof or interest therein, to directly or indirectly advertise, or in any other manner indicate or publicize, that the purchase, rental, lease, sub-lease or assignment, listing, showing or the lending of funds in connection with any dwelling unit, commercial unit, real property or any part or portion thereof or interest herein, by persons of any particular race, color, religion, sex, handicap, familial status, or national origin is unwelcome, objectionable, not acceptable, or not solicited.

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K. For any person to deny any person access to or membership or participation in any multiple-listing service, real estate brokers' organization or other service, organization, or facility relating to the business of selling or renting dwellings, or to discriminate against that person in the terms or conditions of such access, membership, or participation on account of race, color, religion, sex, handicap, familial status or national origin.

SEC. 4.03.004. HANDICAP DISCRIMINATION. In addition to those acts prohibited in 4.03.003, above, for the purposes of discrimination on the basis of

handicap, the following shall be considered discriminatory practices:

A To discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicap of:

1. that buyer or renter,

2. a person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or

3. any person associated with that buyer or renter.

B. To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a handicap of:

1. that person, or

2. a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available, or

3. any person associated with that person.

C. For purposes of this section, discrimination includes:

1. a refusal to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises;

2. a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling, or

3. in connection with the design and construction of covered multifamily dwellings for first occupancy after the date that is 30 months after the date of enactment of the Federal Fair Housing Amendments Act of 1988, a failure to design and construct those dwellings in such a manner that:

a. the public use and common use portions of such dwellings are readily accessible to and usable by handicapped persons;

b. all the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by handicapped persons in wheelchairs; and

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c. all premises within such dwellings contain the following features of adaptive design:

(1) an accessible route into and through the dwelling

(2) light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;

(3) reinforcements in bathroom walls to allow later installation of grab bars; and

(4) usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space.

D. Compliance with the appropriate requirements of the American National Standard for buildings and facilities providing accessibility and usability for physically handicapped people (commonly cited as 'ANSI A117 .1') suffices to satisfy the requirements of paragraph C(3)(c), above.

SEC. 4.03.005. EXEMPTIONS. The provisions of this Article shall not apply to the following:

A. Any bona fide religious institutions with respect to any qualifications it may impose based upon religion when such qualifications are related to a bona fide religious purpose.

B. A rental or leasing of a dwelling unit in a building which contains housing accommodations for not more than two (2) families living independently of each other if the owner or members of the owner's family reside in such dwelling unit.

C. A rental or leasing to less than five (5) persons living in a dwelling unit by the owner if the owner or members of the owner's family reside therein.

D. Any single-family house sold by an owner, who has been using the house as the owner's residence, provided that:

1. The house is marketed and sold without the use in any manner of the sales or rental services or facilities of any real estate broker, agent, or salesman, or of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesman, or person; and

2. The house is marketed and sold without the publication, posting or mailing of any advertisement or written notice which violates Section 4.03.003 of this Article;

but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title. For the purposes of this paragraph a person shall be deemed to be in the business of selling or renting dwellings if: (a) that person has, within the preceding twelve months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein, or (b) that person has, within the preceding twelve months, participated as agent, other than in the sale of a personal residence, in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein, or (c) that person is the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families.

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§4.03.005 City Code, Indep. MO

E. Any application for purchase, rental or lease of real property which is made for the purpose of obtaining facts or evidence of a discriminatory practice, and not for a bona fide purchase, rental or lease of real property; provided, however, this exemption shall not apply to any person employed by the City or the State whose duty it is to assist in the prosecution of violations of civil rights relating to open housing.

SEC. 4.03.006. ENFORCEMENT. A The authority and responsibility for administering this Article shall be in the Independence

Commission on Human Relations. The Commission shall administer this Article in a manner affirmatively to further the policies of this Article and to prevent or eliminate discriminatory housing practices. The Commission shall cooperate with and render technical assistance to federal, state, local and other public or private agencies, organizations, and institutions which are formulating or carrying on programs to prevent or eliminate discriminatory housing practices.

B. Any person claiming to have been subjected to any discriminatory practice as defined by this Article may file a complaint by appearing before the Human Relations Commission of the City of Independence and furnishing such information as the Human Relations Commission may require. Any complaint fiIed pursuant to this section must be fiIed with the Human Relations Commission within sixty (60) days of the date of the alleged incident. Every complaint of a violation of this Article shall be referred to the Human Relations Commission.

C. The Human Relations Commission shall forthwith notify the person against whom the complaint is made. The identity of the person filing the complaint shall be made known to the person against whom the complaint is made at that time.

D. The Commission shall promptly set a date for hearing of the matters alleged in a complaint and subsequent occurring related matters; such hearings shall occur not more than thirty (30) days after the date on which the complaint is filed, but only after giving at least five (5) days prior written notice to the person or persons who allegedly committed or are about to commit the alleged unfair housing practice.

E. For the purpose of such hearing the Commission shall have the power, at the request of the person aggrieved or the person or persons who allegedly committed or are about to commit the alleged unfair housing practice, or upon its own motion to issue process and to compel the attendance of any person or witness, together with books, papers, and other documents; such process shall be executed by the Chief of Police and shall be enforced as in all cases of City ordinance violations; such hearing shall be conducted in a fair and impartial manner according to rules adopted by the Commission; the proof of the matters contained within the complaint may be presented by a member of the City Counselor's office at the hearing, upon request of the Commission; the person aggrieved and the person or persons who allegedly committed or are about to commit the alleged unfair housing practice may appear with legal counsel and shall have the right to present proof and cross examine witnesses in all matters relating to the complaint and subsequent related occurrences.

F. If the Human Relations Commission, after its hearing, finds that there is no merit to the complaint, the same shall be dismissed. If the Human Relations Commission finds that there is merit to the complaint, in their opinion, then and in that event, the Human Relations Commission will endeavor to eliminate the alleged discriminatory practice by conference and conciliation.

G. The Commission, as it appears to the best interest of discovery of the truth of the complaint and in effectuating conciliation, may at its discretion conduct the conciliation discussions in private or public.

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H. The Commission, upon either the request of the person aggrieved or the person or persons who allegedly committed or are about to commit the alleged unfair housing practice, and upon the posting of reasonable security for the costs thereof, or upon its own motion, may secure the attendance of a proceedings reporter at the hearing for the purpose of recording the proceedings at the hearing.

I. If the Human Relations Commission is unable to eliminate the alleged discriminatory practice by a conference and conciliation, then the Human Relations Commission shall forward said complaint to the City Prosecutor for handling. The final determination of whether or not to prosecute the complaint shall be left to the City Prosecutor. SEC. 4.03.007. PENALTY.

Any person convicted of a violation of this Article shall be punished by a fine or not more than Five Hundred Dollars ($500.00) or by confinement in the City jail for not more than 1 year, or by both such - fine and imprisonment.

SEC. 4.03.008. INJUNCTION. If a person is convicted in municipal court or other court having legal jurisdiction of an offense under

this Article, or if a person fails to abide by the terms of a conciliation agreement, the City Counselor may seek to have the alleged discriminatory practices abated by an action for an injunction in the Circuit Court of Jackson County.

SEC. 4.03.009. SUSPENSIONS OR REVOCATION OF LICENSE. Upon conviction of any violation of the provisions of Section 4.03.003 or 4.03.004, in addition to the

penalties provided in Section 4.03.007, the license of such person to do business in this City shall be suspended for thirty (30) days, and upon a second conviction the license shall be suspended for one year and upon a third conviction of any violation of said Sections, the license of such person to do business in the City shall be revoked.

SEC. 4.03.010 - 4.03.999 RESERVED.

1/1/96 (13196) 4 - 51 [Next Page is 4 - 53]


ARTICLE 4. PLUMBING CODE

SEC. 4.04.001. ADOPTION OF THE INTERNATIONAL PLUMBING CODE. The International Plumbing Code, 2018 Edition, as published by the International Code Council, is

hereby adopted as the Plumbing Code of the City of Independence, Missouri for the control of plumbing installation or construction as herein provided, except such portions as are hereinafter deleted, modified or amended by this Article of the City Code. SEC. 4.04.002. ADDITIONS, INSERTIONS, DELETIONS, AND CHANGES. The following numbered subsections and provisions of the approved edition of the Plumbing Code, adopted by Section 4.04.001, are hereby amended as follows: Section 305.4.1 Amend to read as follows: Section 305.4.1 Sewer depth. Building sewers that connect to private sewage disposal systems shall be installed not less than 12 inches (304.8 mm) below finished grade at the point of septic tank connection. Building sewers shall be installed not less than 12 inches (304.8 mm) below grade. Section 312.10 Amend to read as follows: Section 312.10 Inspection and testing of backflow prevention assemblies. Inspection and testing of backflow prevention assemblies shall be in accordance with the rules and regulations of the Independence, Missouri Water Department’s Water Service Line and Backflow Standards. Section 312.10.1 Inspections. Delete Section 312.10.2 Testing. Delete Section 714 Backwater Valves. Delete Section 903.1 Amend to read as follows: Section 903.1 Roof extension. Open vent pipes that extend through a roof shall be terminated not less than 12 inches (304.8 mm) above the roof. Where a roof is to be used for assembly or as a promenade, observation deck, sunbathing deck or similar purposes, open vent pipes shall terminate not less than 7 feet (2134 mm) above the roof. Section 918.1 Amend to read as follows: Section 918.1 General. Air admittance valve are only allowed when approved by the Building Official. Section 918.2 Installation. Delete Section 918.3 Where permitted. Delete Section 918.3.1 Horizontal branches. Delete Section 918.3.2 Stack. Delete 12/3/18 (18972) 4 – 53

§4.04.002 City Code, Indep., MO Section 918.4 Location. Delete Section 918.5 Access and ventilation. Delete Section 918.6 Size. Delete Section 918.7 Vent required. Delete Section 918.8 Prohibited installations. Delete Section 1113.1.3 Amend to read as follows: Section 1113.1.3 Electrical. Electrical service outlets, where required, shall meet the requirements of NFPA 70. Battery back-up power supplies for sump ejector pumps receiving storm water drainage are required. Appendix A. Amend to read as follows: Appendix A. Plumbing Permit Fee Schedule is located in the City’s Schedule of Fees. SEC. 4.04.003. ENFORCEMENT OF THE PLUMBING CODE.

The Plumbing Code shall be enforced by the Building Official. The Building Official may designate as plumbing inspectors such members of the Building Inspection Division as may be necessary to enforce the provisions of the Plumbing Code. SEC. 4.04.004. BUILDING OFFICIAL - DUTIES.

The Building Official shall administer the provisions of the approved edition of the International Plumbing Code as amended, and perform the following duties:

1. Issue all plumbing permits. 2. Require the submission of plans and specifications necessary to indicate clearly the character and extent of work for which a plumbing permit is requested. 3. Keep a permanent, accurate record of all licenses and permits issued and fees collected. 4. Inspect all plumbing and drainage work for which a permit has been issued. 5. Reject all plumbing and drainage work or materials used in such work that does not comply with the provisions of the International Plumbing Code. 6. Order changes in workmanship or materials in order to achieve compliance with the provisions of the International Plumbing Code. 7. Investigate all dangerous or unsanitary plumbing systems. 8. Maintain a register of all persons lawfully entitled to engage in the business of a plumbing contractor or to labor at the trade of plumbing. 9. Maintain a file of all matters relevant to the administration of the Plumbing Code. 10. Deposit all license and permit fees as required by the Director of Finance.

SEC. 4.04.005. PLUMBING PERMIT NOT TRANSFERABLE.

A permit issued under the provisions of this Article is not transferable from one person to another person or from one location to another location. 12/3/18 (18972) 4 – 54

§4.04.006 City Code, Indep., MO SEC. 4.04.006. PERSONS TO WHOM A PLUMBING PERMIT MAY BE ISSUED.

A plumbing permit shall be issued only to a master plumber licensed under the provisions of this Article or to any person personally performing plumbing work in a single family dwelling, including accessory buildings, that is detached and intended, or designed for occupancy by one (1) family and is owned and occupied by such person.

Exceptions:

A. A mobile home contractor licensed in the City of Independence, Missouri, may obtain the required plumbing permits necessary for the plumbing hookups to existing piping that was in service prior to such mobile home replacement.

B. The Building Official may issue a special permit subject to the following conditions:

1. That a special permit shall be issued for only a single period of ninety consecutive days, except that such special permit shall continue in force until the project for which such special permit was issued is completed in accordance with other provisions of the Code. 2. Any person obtaining a special permit under the provisions of this section shall not be eligible for another such special permit until a period of five (5) years has elapsed from the date of issuance of a previous special permit.

3. This special permit shall be limited to an owner who shall become the occupant for at least two (2 ) years after the issuance of the Certificate of Occupancy of a single family residential dwelling, which is either moved onto the owner's premises from another location, or is to be constructed by the owner. Any person applying for a permit shall, at the time application is made, sign an affidavit stating that they are the owner of the property and will become the occupant of the residence for at least two (2) years after issuance of the Certificate of Occupancy.

C. A fire sprinkler contractor with personnel who have a current Missouri Department of Natural

Resources Public Drinking Water Program Certificate to install and test backflow prevention assemblies, may obtain a permit to install/test such devices in the City of Independence, Missouri.

SEC. 4.04.007. SCHEDULE OF FEES.

A. Fees, as set forth in the City’s Schedule of Fees, shall be paid upon the issuance of a permit to any person for the installing, altering, replacing or repairing any plumbing installation.

B. The minimum fee for any permit issued under the provisions of this section shall be set forth in the

City’s Schedule of Fees. C. Any person who shall commence any plumbing work for which a plumbing permit required without

first obtaining such permit shall be required to pay a permit fee that is equal to and in addition to the original permit fee as set forth in the City’s Schedule of Fees for such plumbing work, except that emergency plumbing repair is exempt from this requirement.

D. The supplementary fee to cover any additional value not included in the original permit shall be the

difference between the fee paid for the original permit and the fee which would have been required had the original Permit included the entire value.

E. Permit fees provide for the customary inspections only. Where additional inspections are made

necessary by incomplete or faulty work or because of incorrect address given or because the building is locked, no fee shall be charged for the first re-inspection; however, a fee, as set forth in the City’s Schedule of Fees, shall be charged for the second re-inspection and shall double for each additional re-inspection thereafter. All such re-inspection fees shall be paid by the permittee before another inspection can be requested. 12/3/18 (18972) 4 – 55

§4.04.008 City Code, Indep., MO SEC. 4.04.008. EMERGENCY PLUMBING REPAIR.

A. Emergency plumbing repair work may be performed without first obtaining a plumbing permit as required by Section 106.1 of the approved edition of the International Plumbing Code when such work is urgently necessary and it is impractical to obtain a plumbing permit prior to the commencement of the emergency repair work.

B. Any person who performs emergency plumbing repair work without first obtaining a plumbing

permit shall obtain a plumbing permit within seventy-two (72) hours from the date that such emergency repair work is completed. Any person who fails to obtain a plumbing permit within the time stipulated herein shall pay a permit fee that is double the fee specified for such plumbing repair work. SEC. 4.04.009. EXPIRATION OF PLUMBING PERMIT.

A. Every plumbing permit issued by the Building Official under the provisions of this Article shall expire and become null and void if the work authorized by such permit is not commenced within one hundred eighty (180) days from the date of issue of such permit, or if such work is commenced and subsequently suspended or abandoned for a period exceeding one hundred eighty days (180). 1/1/2013 (18016) 4 – 54 City Code, Indep. MO §4.04.009

B. A permit issued under the provisions of this Article that has expired may be renewed upon payment of one-half the appropriate fee required by Section 106.5.3 of the International Plumbing Code provided that no changes have been made in the original plans and specifications for such work and further provided that any suspension or abandonment of work authorized by such permit has not exceeded one (1) year. SEC. 4.04.010. DANGEROUS OR INSANITARY PLUMBING SYSTEM.

A. It shall be unlawful for any person to maintain any plumbing system in a dangerous or insanitary condition.

B. Whenever the Building Official determines that any person is maintaining a plumbing system in a dangerous or insanitary condition, the Building Official shall order such person to discontinue the use of or to repair, alter, remove or demolish such plumbing system.

C. Whenever the Building Official determines that any gas piping or gas appliance is being maintained in a dangerous condition, the Building Official may order any person supplying gas to such gas piping or gas appliance to discontinue supplying gas thereto until such gas piping or gas appliance is repaired or replaced.

D. Any order issued by the Building Official under the provisions of this section shall be in writing, addressed to the person responsible for the premises in which such dangerous or insanitary condition exists and shall specify a date or time for compliance with such order. SEC. 4.04.011. NOTIFICATION BY PLUMBING PERMIT HOLDER.

A. Any person receiving a permit under the provisions of this Article shall notify the Building Official that the plumbing work for which such permit was issued is ready for inspection. Such notification shall be given at least twenty-four (24) hours before the work is to be inspected.

B. Any person making such notification shall insure that the work authorized by the permit shall comply with the standards and meet the prescribed tests of the approved edition of the International Plumbing Code. 12/3/18 (18972) 4 – 56

§4.04.012 City Code, Indep., MO SEC. 4.04.012. VEHICLE IDENTIFICATION.

Any vehicle used by a licensed plumbing contractor in the conduct of business shall carry the firm name, address and telephone number in letters at least two inches (2") high on both sides of such vehicle.

SEC. 4.04.013. UNIT HEATER AND HEATING UNIT INSTALLATION.

Any plumbing contractor who is licensed under the provisions of this Article is hereby authorized to install any unit heater or heating unit not requiring the installation of duct work provided that such unit heater or heating unit is gas fired and further provided that the plumbing contractor has first obtained a permit for such installation. SEC. 4.04.014. UNLAWFUL SANITARY SEWER CONNECTIONS.

It shall be unlawful for any person to permit storm, surface or ground water to drain into any sanitary sewer system, or to make a connection that would permit effluent from any cesspool, septic tank or any sewage tank to drain into any such sanitary sewer system. SEC. 4.04.015. UNLAWFUL WATER SYSTEM CONNECTIONS.

A. It shall be unlawful for any person to install or maintain any potable water supply piping which fails to comply with Section 604 of the International Plumbing Code or the standards set out in Title 1, Division 60, Chapter 11 of the Missouri Code of State Regulations (10 CSR 60-11.010, et seq.) Whenever there is a conflict between the International Code and 10 CSR 60-11.010, et seq. of the Missouri Code of State Regulations, regarding potable water supply piping, the more stringent requirement shall apply.

B. The Director of the Water Department or his/her authorized representative shall have authority to inspect any premises when the Director has reasonable grounds to believe that any potable water supply piping fails to comply with Section 604 of the International Plumbing Code or 10 CSR 60-11.010, et seq. of the Missouri Code of State Regulations. If the Director or his/her authorized representative is denied access to the premises for such inspection, a warrant shall be first obtained, pursuant to Section 1.22.010 of this Code.

C. Whenever the Director of the Water Department determines that any person is maintaining potable water supply piping in violation of the requirements of this section, he/she shall immediately order such person to discontinue the use of or to repair, alter, remove or demolish such potable water supply piping.

D. Whenever the Director of the Water Department determines that any potable water supply piping is being maintained in violation of the requirements of this section, he/she may discontinue water service to the potable water supply system until such potable water supply piping is repaired or replaced.

E. Any order issued by the Director of the Water Department under the provisions of this section shall be in writing, addressed to the person maintaining the potable water supply piping in violation of this section, and shall specify a date or time for compliance with such order.

F. The Right of Appeal set out in Section 4.04.016, below, shall not apply to Unlawful Water System connections or to any action taken by the Director of the Water Department or his/her authorized representative under this Section 4.04.015. Any person seeking relief from the provisions of this rule shall obtain a letter of exemption from the Department of Natural Resources as provided by Title 10, Division 60, Chapter 11, Section 1OCSR 60-11-010, (3) (F) of the Code of State Regulations. 12/3/18 (18972) 4 – 57

§4.04.016 City Code, Indep., MO SEC. 4.04.016. RIGHT OF APPEAL - PROCEDURE.

A. Whenever any person is aggrieved by a decision of the Building Official in the interpretation of the approved edition of the International Plumbing Code, or when such person claims that the action of the Building Official is not in accordance with the provisions of such Code or when the Building Official disapproves the proposed use of alternate materials or methods by such person in plumbing installation, such person shall have the right to appeal to the Board of Building and Engineering Appeals as constituted in Article 10 of Chapter 4 of the Independence City Code.

B. Any person aggrieved by the decision of the Building Official in regard to the revocation of a license as provided in this Article shall have the right of appeal to the City Council. Such appeal shall be taken by filing with the City Clerk for transmittal to the City Council within fourteen (14) days after notice of the decision by the Building Official has been mailed to such person's last known address a written statement setting forth the grounds for the appeal. The City Council shall set the time and place for the hearing on such appeal. A notice of such hearing shall be given in the same manner as provided in Section 4.04.015 (B) of this Article. SEC. 4.04.017. APPEAL FEE.

A fee of One Hundred Dollars ($100.00) shall accompany any appeal filed under the provisions of Section 4.04.016 of this Article. SEC. 4.04.018. PENALTY.

Any person violating any of the provisions of this Article shall upon conviction thereof be punished by a fine of not less than Twenty-five Dollars ($25.00) nor more than One Hundred Dollars ($100.00) for each violation. Such punishment in the case of a licensed plumber shall be in addition to the revocation of a plumber’s license as provided for in Section 4.02.018 of this Article. Each and every day upon which such violation continues shall be deemed a separate offense. SEC. 4.04.019 - 4.04.999 RESERVED. 12/3/18 (18972) 4 – 58 [Next page is 4-61]


ARTICLE 5. BUILDING CODE SEC. 4.05.001. ADOPTION OF INTERNATIONAL BUILDING CODE.

The International Building Code, 2018 Edition, as published by the International Code Council, and the 2010 ADA Standards for Access Design, as published by the Department of Justice, be and hereby is adopted as the Building Code of the City of Independence, for the control of buildings and structures as herein provided, except such portions as are hereinafter deleted, modified or amended by this Article of the City Code. SEC. 4.05.002. ADDITIONS, INSERTIONS, DELETIONS, AND CHANGES.

The following numbered subsections and provisions of the approved edition of the Building Code, adopted by Section 4.05.001, are hereby amended to read as follows:

Sec. 101.1 Amend to read as follows: Sec. 101.1 Title. This Article shall be known as the `Building Code' of the City of Independence, Missouri, may be cited as such, and will be referred to hereinafter as `this Code'. Where the term `Department' is used in this Code, this shall mean the Building Inspection Division of the Community Development Department. Where the term `Administrative Authority' or `Building Official' is used in this Code, this shall mean the Building Official or his or her authorized representative. Where the term `City' is used in the Code, this shall mean the City of Independence, Missouri. There is hereby established in the City the `Building Inspection Division' in the Community Development Department which shall be administered by the Building Inspection Supervisor. EXCEPTIONS: 1. In case of real emergency as set forth in Section 301 of this Code. 2. In case the work is being done at a one-family dwelling by the person who owns and occupies such dwelling and the permit is applied for before the end of the work day following notification. C. Supplementary Permit Fees. The fee for a supplementary permit to cover any additional value not included in the original permit shall be the difference between the fee paid for the original permit and the fee which would have been required had the original permit included the entire value. D. Permit Fee Refunds. Where no portion of the work covered by a permit issued by the Building Official has been commenced, the permit holder may request in writing that the permit be canceled. The permittee shall then be entitled to a refund of ninety percent (90%) of the permit fee actually paid, except that a full refund will be made when the permit was issued in error by the City. In all cases, except as noted above, a minimum fee of Twenty-Five Dollars ($25.00) shall be retained. E. Permit Without Fees. The Government of the United States of America, the State of Missouri and its political subdivisions, the City of Independence, and all agencies and departments thereof, shall be exempt from the payment of fees for work performed on buildings, structures or utilities owned wholly by such agencies or departments and devoted exclusively to governmental use. All not-for-profit agencies engaged in the business of rehabilitating single family residential properties, or construction of single family residential structures, for the sole and exclusive benefit of low and moderate income individuals shall be exempt from payment of building permit fees for work performed on single family residential buildings and structures. 12/3/2018 (18967) 4 - 61 City Code, Indep., MO §4.05.002

F. Plan-Checking Fees. When the total valuation of a proposed building exceeds One Hundred Thousand Dollars ($100,000) and a plan is required to be submitted, a plan checking fee shall be paid to the Building Official at the time of submitting plans and specifications for checking. Such plan-checking fee shall be one-half of the building permit fee and shall be a credit toward the total fee when the building permit is issued. Plan-checking fees shall be non-refundable. G. Expiration of Plan Check. Applications for which no permit is issued within one hundred eighty (180) days following the date of application shall expire by limitation and plans submitted for checking may thereafter be returned to the applicant or destroyed by the Building Official. The Building Official may extend the time for action by the applicant for a period not exceeding one hundred eighty (180) days upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan-check fee. Section 110.1.1 Amend to read as follows: Sec. 110.1.1 Penalties. A. No builder, owner, or agent for the builder or owner shall allow any person or persons to occupy any newly constructed dwelling or building, any rental unit or apartment, or any alteration, reconstruction or conversion thereof which will allow occupancy of the altered, reconstructed or converted space prior to final inspection and the grant of a Certificate of Occupancy by the Building Official, which inspection shall be requested at least twenty-four (24) hours prior to time of final inspection. Any violation of this subsection shall cause a fine of Two Hundred Fifty Dollars ($250.00) for each and every day that such violation continues to be assessed against and incurred by the offending party. This fine shall be assessed against the builder or owner of the violating premises. B. Should the same builder, owner, or agent for the builder or owner be found guilty in a second instance, following the first violation of this section, of the offense described above in a twelve (12) month period, at the same or at a different building or premises, a fine of Five Hundred Dollars ($500.00) for each and every day that such a violation continues shall be assessed against and incurred by the offending party. This fine shall be assessed against the builder or owner of the violating premises. C. A builder, owner, or agent for the builder or owner may be prohibited from obtaining a building permit within the City of Independence for a period of one year from the date of the second violation at the discretion of the Building Official. Said builder or owner may appeal the Building Official's decision to the Board of Building and Engineering Appeals. D. No additional or new building permits shall be issued in the City of Independence to a builder, owner, or agent for the builder or owner who has violated any part of this subsection until such builder, owner, or agent for the builder or owner has obtained the required Certificate of Occupancy. Upon obtaining the required certificate, the building or owner shall again be eligible for further building permits. A One Hundred Dollar ($100.00) re-inspection fee shall be charged to the builder, owner, or agent for the builder or owner of a structure which violates this subsection of the City Code if re-inspection is necessary prior to issuance of a Certificate of Occupancy. 12/3/2018 (18967) 4 - 62 City Code, Indep., MO §4.05.002

Section 110.1.2 Amend to read as follows: Section 110.1.2 Facilities for Workmen. A. Suitable approved toilet facilities shall be provided and maintained in sanitary condition for the use of workers during the construction or demolition of buildings. B. Temporary Construction Site Office. A minimum 8' x 10' temporary construction site office, or storage building shall be placed on the job site without a building permit as an element incidental to construction for which a valid permit or permit application is made. All such buildings must be removed within 24 hours after construction is completed or if a permit application has expired or not approved according to codes herein. Section 114.1 Amend to read as follows: Section 114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish, occupy or allow occupancy of any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code. Section 114.2 Amend to read as follows: Section 114.2 Notice of violation. The building official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition, occupancy or allowing occupancy of a building or structure in violation of the provisions of this code, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. Section 1008.3.3 Amend to read as follows: Section 1008.3.3 Rooms and spaces. In the event of power supply failure, an emergency electrical system shall automatically illuminate all of the following areas: 1. Electrical equipment rooms. 2. Fire command centers. 3. Fire pump rooms. 4. Generator rooms. 5. Public restrooms with an area greater than 300 square feet (27.87 m2) 6. Restrooms in A occupancies with a greater than 50 occupant load. Section 1013.2 Amend to read as follows: Section 1013.2 Low-level exit signs in Group R-1. Where exit signs are required in Group R-1 occupancies by Section 1013.1, additional low-level exit signs shall be provided in all areas serving guest rooms in Group R-1 occupancies and shall comply with Section 1013.5. The bottom of the sign shall be not less than 10 inches (254 mm) nor more than 18 inches (455 mm) above the floor level. The sign shall be flush mounted to the door or wall. Where mounted on the wall, the edge of the sign shall be within 4 inches (102 mm) of the door frame on the latch side. Guards are required at the top of retaining walls over 30 inches high when a walking or driving surface is within 10 feet of the high side of the retaining wall. 12/3/2018 (18967) 4 - 63 City Code, Indep., MO §4.05.002

Chapter 13. Energy Efficiency. Delete Table 1505.1 Minimum Roof Covering Classification for Types of Construction. Delete Footnotes A and C. Section 1511.1 Amend to read as follows: Section 1511.1 General. Materials and methods of application used for recovering or replacing an existing roof covering shall comply with the requirements of Chapter 15. EXCEPTIONS: 1. Roof replacement or roof recover of existing lowslope roof coverings shall not be required to meet the minimum design slope requirement of one-quarter unit vertical in 12 units horizontal (2-percent slope) in Section 1507 for roofs that provide positive roof drainage. 2. Recovering or replacing an existing roof covering shall not be required to meet the requirement for secondary (emergency overflow) drains or scuppers in Section 1503.4 for roofs that provide for positive roof drainage. For the purposes of this exception, existing secondary drainage or scupper systems required in accordance with this code shall not be removed unless they are replaced by secondary drains or scuppers designed and installed in accordance with Section 1503.4. 3. Roof repairs of less than 10% of the total roof area. Section 2901.1. Amend to read as follows: 2901.1 Scope. The provisions of this chapter and the Plumbing Code shall govern the erection, installation, alteration, repairs, relocation, replacement, addition to, use or maintenance of plumbing equipment and systems. Plumbing systems and equipment shall be constructed, installed and maintained in accordance with the Plumbing Code.

Chapter 30. Elevators and Conveying Systems. Delete Chapter 32. Encroachments into Public Right-of-Way. Delete Section 3303. Amend to read as follows:

“Section 3303 MOVING AND DEMOLITION.

A. General. The work of demolition or moving any building shall not commence until the structures required for protection of persons and property are in place.

The Building Official may require the permittee to submit plans and the complete schedule for demolition or moving work. Where such are required, no work shall be done until such plans and/or schedule is approved by the Building Official.

1. Scope. In addition to the other requirements of this Article and the general ordinances, this chapter shall govern the demolition and moving of buildings, structures, and utilities.

a. Any device or equipment such as scaffolds, ladders, derricks, hoists, or similar devices or equipment, used in connection with demolition or moving shall be constructed, installed, maintained and operated in accordance with the regulations governing the construction, installation, maintenance, and operation of such device.

12/3/2018 (18967) 4 - 64 §4.05.002 City Code, Indep., MO

2. Loads. Structures, or parts of structures, or any floor or temporary support, or scaffold, sidewalk barricade, or bridge, or any device or equipment shall not be loaded in excess of the safe carrying capacity.

3. Warning Signs. Every demolition job shall be provided with danger signs, which shall be conspicuously posted around the property.

4. Lights. Between sunset and sunrise adequate lights shall be provided to properly protect persons and property from hazards of pits, excavations, fences, barriers, equipment, building materials, or rubbish in, upon, or near a sidewalk or street. All walkways shall be provided with lights as follows:

a. Amber lights, with a capacity of at least one hundred (100) watts, on the street side of the walkway at both ends and near the center.

b. Other lighting consisting of sixty (60) watt lights spaced every ten feet (10') along the walkway.

5. Dust. All material to be removed shall be wet sufficiently to lay the dust incidental to its removal.

6. Rubbish and Waste. All adjacent streets, alleys, and other public ways and places shall be kept free and clear of all rubbish, refuse, and loose material resulting from the moving, demolition, or demolition removal operations.

B. INDEMNITY. Every person, firm, or corporation to whom permission has been granted under the

terms of this Article and the general ordinances to utilize public property for the demolition work or the moving of any building, structure, or utility, shall at all times assume full responsibility for such demolition or moving. Such permission shall be further conditioned that any persons, firm, or corporation shall, as a consideration for the use of public property, at all times release, hold harmless and indemnify the City and all of their agents and employees from any and all responsibility, liability, loss, or damage resulting to any persons or property or caused by or incidental to the demolition or moving work. C. INSURANCE. Any person, firm, or corporation, demolishing or moving any building, structure, or utility, shall deposit with the Building Official a certificate of insurance approved by the Director of Finance and the City Counselor, showing that the City is a named insured on the insurance policy. The certificate of insurance shall evidence that the liability insurance policy covers the policy holder and the City as a named insured. Such insurance shall be valid at all times during demolition or moving operations. Said liability insurance coverage shall be in an amount of at least One Hundred Thousand Dollars ($100,000.00) for injuries, including accidental death to any one person, and subject to the same limit for each person; in an amount of at least Three Hundred Thousand Dollars ($300,000.00) on account of any one accident; and property damage insurance in an amount of at least One Hundred Thousand Dollars ($100,000.00).

EXCEPTION: Insurance may not be required by the owner of record to demolish a residential building.

D. DAMAGE TO PUBLIC PROPERTY. As a condition of obtaining a permit to wreck, remove, or

move any building, structure, or utility, the permittee assumes liability for any damage to public property occasioned by such moving, demolition, or removal operations. 12/3/2018 (18967) 4 - 65 City Code, Indep., MO §4.05.002

E. LICENSE REQUIRED

1. General. Every person, firm or corporation shall obtain a license as required in Article 2 of Chapter 4 of the City Code before engaging in the business of contracting for demolition of buildings. Such license shall be renewed annually.

EXCEPTION: The owner of record may demolish any one-story residential building. Such work must be done by the owner, or by a member of the owner's family or an employee.

2. Supervision Required. A licensed organization shall, at all times, have in its full-time employment a designated supervisor; said supervisor shall be either an owner, officer, or an employee of the organization. In any case, the supervisor shall be responsible for directing the work performed by the organization.

3. Wrecking Contractor License. A Wrecking Contractor License is required for those who contract with other persons or organizations to demolish any building, structure, or portion thereof without limitation of size of such building or structure.

F. DISCONNECTING SERVICE LINES.

1. Electric Service. The power to all electric service lines shall be shut off and all such lines cut or disconnected outside the property line before demolition or moving work is commenced. Prior to the cutting of such lines, the property owner or an authorized agent shall notify and obtain the approval of the franchised electric service company.

2. Other Service. All gas, water, steam, storm and sanitary sewers, or other service lines shall be shut off and capped outside the building line or curb before demolition or moving work is commenced. In each case, the property owner or an authorized agent shall obtain the approval of the utility service company or department involved. 3. Temporary Service. If it is necessary to maintain any power, water, or other lines during demolition or moving, such lines shall be temporarily relocated or protected to the satisfaction of the Department and utility company and in accordance with applicable ordinances.

G. DEMOLITION WORK.

1. Permit Required. The work of demolishing any building or structure shall not commence until a permit has been issued by the Building Official in accordance with the provisions set forth in other portions of this Article.

2. Application for Permit. All applications for permits to wreck, demolish, or raze a building or structure shall be made to the Building Official and every such application shall state:

a. The location of the building or structure to be wrecked. b. The type of equipment to be used to wreck said building. c. The length, width, height, and principal materials of construction of the building. d. The length of time required to complete the proposed work. e. The name and address of the owner of the building. f. Proof of permission from the owner to do the proposed work.

12/3/2018 (18967) 4 - 66


3. Conditions of Permit. If the applicant complies with the provisions of this Code, the Building Official shall issue a permit for the proposed work. The permit holder shall notify the Department at least twenty-four (24) hours before starting the work.

4. Expiration of Permit. Permits for demolition work shall be subject to expiration in accordance with the provisions of Sections pertaining to expiration of a permit in the adopted Building Code.

H. METHODS OF DEMOLITION.

1. General. Except for the cutting of holes in floors for chutes and holes through which to drop materials, preparation of storage space, and other necessary preparatory work, demolition of exterior walls and floor construction shall begin at the top of the structure and proceed downward and each story of exterior wall and floor construction shall be removed and dropped into the storage space before commencing the removal of walls and floors in the story next below. This requirement shall not prohibit the demolition of a structure in sections if positive means are taken to prevent injury to persons or damage to property. The use of other methods are permitted when approved by the Building Official. 2. Protection of Openings. All floor openings and shafts not used for material chutes shall be floored over or enclosed with guardrails and toe boards.

I. REMOVAL OF MATERIALS.

1. Through Chutes. Materials shall not be dropped by gravity to any point lying outside the exterior walls of the building, except through enclosed wooden or metal chutes.

EXCEPTION: Where the distance from the property line or sidewalk is equal to or greater than the height of the demolition work, materials may be dropped by gravity to the ground, provided dust control is maintained in accordance with the provisions of other portions of this chapter.

2. Through Floor Openings. If debris is dropped through holes in the floor without the use of chutes, the total area of the hole cut in any intermediate floor (one which lies between the floor that is being demolished and the storage floor) shall not exceed twenty-five percent (25%) of such floor area. 3. Control of Dust. All dust caused by materials dropped through chutes, floor openings, or by other methods of removal, shall be controlled as required by the Building Official.

J. STAIRS AND LADDERS. All stairs and ladders shall be maintained in a safe condition and at least

one stairway shall be accessible as each floor is demolished.

K. CONDITION OF SITE. Upon completion of the removal of the building, structure, or utility, by either demolition or moving, the ground shall be left in a clean, smooth condition. Holes in the ground, basements or cellars, shall be filled with inorganic material; provided, however, the top one foot (1') of fill shall be clean earth. The filling of such excavation may not be required when a building permit has been issued for a new building on the site and the construction thereof is to start within sixty (60) days after the completion of demolition or moving operations. The holder of the building permit shall provide such excavation with a temporary barricade protecting the excavation on all sides, as specified for safety by the Building Official. The temporary barricade may remain in position for a time not exceeding five (5) days, after which a solid barricade shall be provided or the excavation filled. 12/3/2018 (18967) 4 - 67 City Code, Indep., MO §4.05.002

L. MOVING WORK.

1. Permit Required. No building or fixed structure shall be moved on or across a street or alley without a permit issued by the Building Official in accordance with the provisions set forth in other portions of this chapter. No building or major portion thereof shall be raised, shored, or held up without a permit from the Building Official.

2. Other Approvals Required. Prior to the issuance of a permit for moving a building, the applicant shall obtain written approval from the proper authority for the partial or complete removal of any shade tree or for the temporary moving of any lamp post, public utility installations, or other public property, and shall submit a moving route plan approved by the Director of Transportation.

3. License Required. Permits shall be issued only to a house mover or shorer holding a valid license issued by the License Division. 4. Excavations on Public Property. Where the permittee will be making excavations in or on public property, he/she shall comply with the applicable provisions as required in the City Code, including but not limited to, Chapters 17 and 20.

5. Inspection Required. A permit for moving a building or fixed structure shall be issued only if the proposed location within the City will not seriously increase the fire hazard to surrounding buildings. No building shall be moved into or within the City unless it has been inspected and approved by the Building Official for conformance with the minimum requirements of this chapter. 6. Application for Permit. Applications for permits to move, raise, or shore a building or structure shall be made to the Building Official and every such application shall state:

a. The present location of the building to be moved. b. The proposed location of the building. c. The type of equipment to be used for the proposed work. d. The length, width, and height of the building. e. The principal materials of construction of the building. f. The length of time required to do the proposed work. g. The name and address of the owner of the proposed location of the building. h. The name and address of the owner of the building. i. Proof of permission from the owner or owners to do the proposed work.

7. Conditions of Permit. If the applicant complies with the provisions of this Code, the Building Official shall issue a permit for the proposed work. The permit holder shall notify the Department at least twenty-four (24) hours before starting the work. 8. Foundation Required. A building for which a permit for moving, raising, or shoring has been issued shall be placed with full approved bearing on a permanent foundation prior to expiration of the permit. 9. Expiration of Permit. Permits for moving work shall be subject to expiration in accordance with the provisions of Sections pertaining to expiration of a permit in the adopted Building Code.” Chapter 33. Section 3304. Delete

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Sec. K102.4 Amend to read as follows: Section K102.4 Additions, alterations and repairs. “Installation of alternative energy producing facilities and the associated components thereof shall be undertaken by qualified personnel as that is defined within NFPA 70E Article 110.6.”

SEC. 4.05.003 SCHEDULE OF FEES.

A. Fees, as set forth in the City’s Schedule of Fees, shall be paid upon the issuance of a permit to any person for the installing, removing, altering or repairing electrical systems and equipment.

B. The minimum fee for any permit issued under the provisions of this section shall be set forth in the City’s Schedule of Fees.

C. Any person who shall commence any Commercial building work for which a permit is required without first obtaining such permit shall be required to pay a permit fee that is equal to and in addition to the original permit fee as set forth in the City’s Schedule of fees, except that emergency Commercial building work is exempt from this requirement.


difference between the fee paid for the original permit and the fee which would have been required had the original permit included the entire value.

E. Permit fees provide for the customary inspections only. Where additional inspections are made necessary by incomplete or faulty work or because of incorrect address given or because the building is locked, no fee shall be charged for the first re-inspection; however, a fee as set forth in the City’s Schedule of Fees, shall be charged for the second re-inspection and shall double for each additional re-inspection thereafter. All such re-inspection fees shall be paid by the permittee before another inspection can be requested.

SEC. 4.05.004 - 4.05.999 RESERVED. 12/3/2018 (18967) 4 - 68 [Next page is 4 - 77] City Code, Indep., MO

ARTICLE 6. MECHANICAL CODE

SEC. 4.06.001. ADOPTION OF INTERNATIONAL MECHANICAL CODE.

The International Mechanical Code, 2018 Edition, published by the International Code Council, is hereby adopted as the Mechanical Code of the City of Independence, Missouri, for the control of heating, pipe fitting, ventilating, cooling and refrigeration installation or construction as herein provided, except such portions as are hereinafter deleted, modified or amended by this Article of the City Code. SEC. 4.06.002. ENFORCEMENT OF THE MECHANICAL CODE.

The Mechanical Code shall be enforced by the Building Official The Building Official may designate as inspectors such members of the Building Inspection Division as may be necessary to enforce the provisions of the Mechanical Code. SEC. 4.06.003. BUILDING OFFICIAL - DUTIES.

The Building Official shall administer the provisions of the approved edition of the International Mechanical Code and shall perform the following duties:

1. Issue all permits required under the provisions of Section 112.1 of the approved edition of the International Mechanical Code.

2. Keep a permanent, accurate record of all license and permits issued and fees collected.

3. Inspect all work for which a permit has been issued.

4. Reject all work or materials used in such work that does not comply with the provisions of the approved edition of the International Mechanical Code.

5. Order changes in workmanship or materials in order to achieve compliance with the provisions of the approved edition of the International Mechanical Code.

6. Maintain a register of all persons lawfully entitled to engage in the business of a contractor or to labor at the trade of installing, altering, replacing or repairing heating, ventilating, cooling and refrigeration equipment.

7. Maintain a file of all matters relevant to the administration of this Code.

8. Deposit all license and permit fees as required by the Director of Finance.

SEC. 4.06.004. PERMIT NOT TRANSFERABLE.

A permit issued under the provisions of Section 112.1 of the approved edition of the International Mechanical Code is not transferable from one (1) person to another person or from one (1) location to another location.

SEC. 4.06.005. PERSONS TO WHOM A PERMIT MAY BE ISSUED. A permit shall be issued only to a Master Heating/Cooling Contractor licensed under the provisions of

this Article, or to any person personally performing heating, ventilating, cooling or refrigeration work in a single family dwelling, including accessory buildings, that is detached and intended, or designed for occupancy by one family and is owned and occupied by such person.

Exceptions: The Building Official may issue a special permit subject to the following conditions:

12/3/18 (18971) 4 - 77 §4.06.006 City Code, Indep., MO

1. That a special permit shall be issued for only a single period of ninety consecutive days, except that

such special permit shall continue in force until the project for which such special permit was issued is completed in accordance with other provisions of the Code.

2. Any person obtaining a special permit under the provisions of this section shall not be eligible for

another such special permit until a period of five (5) years has elapsed from the date of issuance of a previous special permit.

3. This special permit shall be limited to an owner who shall become the occupant for at least two (2)

years after the issuance of the Certificate of Occupancy of a single family residential dwelling, which is either moved onto the owner's premises from another location, or is to be constructed by the owner. Any person applying for a permit shall, at the time application is made, sign an affidavit stating that they are the owner of the property and will become the occupant of the residence for at least two years after issuance of the Certificate of Occupancy.

SEC. 4.06.006. SCHEDULE OF FEES. A. Fees, as set forth in the City’s Schedule of Fees, shall be paid upon the issuance of a permit to any

person for the installing, altering, replacing or repairing any heating, ventilating, cooling or refrigeration equipment.


City’s Schedule of Fees. C. Any person who shall commence any mechanical work for which a permit is required without first

obtaining such permit shall be required to pay a permit fee that is equal to and in addition to the original permit fee as set forth in the City’s Schedule of Fees.


difference between the fee paid for the original permit and the fee which would have been required had the original permit included the entire value.


necessary by incomplete or faulty work or because of incorrect address given or because the building is locked, no fee shall be charged for the first re-inspection; however, a fee, as set forth in the City’s Schedule of Fees, shall be charged for the second re-inspection and shall double for each additional re-inspection thereafter. All such re-inspection fees shall be paid by the permittee before another inspection can be requested.

SEC. 4.06.007. EXPIRATION OF HEATING AND COOLING PERMIT. A. Every heating and cooling permit issued by the Building Official under the provisions of this Article

shall expire and become null and void if the work authorized by such permit is not commenced within one hundred eighty (180) days from the date of issuance of such permit.

B. A permit issued under the provisions of this Article that has expired may be renewed upon payment

of one-half the appropriate fee required by Section 4.06.020 of this Article provided that no changes have been made in the original plans and specifications for such work and further provided that any suspension or abandonment of work authorized by such permit has not exceeded one year. SEC. 4.06.008. EMERGENCY REPAIR WORK.

A. Emergency repair work may be performed without first obtaining a permit as required by of the approved edition of the International Mechanical Code when such work is urgently necessary and it is impractical to obtain a permit prior to the commencement of the emergency repair work.

01/01/2013 (18015) 4 - 78 City Code, Indep., MO §4.06.009

B. Any person who performs emergency repair work without first obtaining a permit shall obtain a

permit within seventy-two (72) hours from the date that such emergency repair work is completed. Any person who fails to obtain a permit within the time stipulated herein shall pay a permit fee that is double the fee specified for such repair work. SEC. 4.06.009. DANGEROUS HEATING, VENTILATING, COOLING OR REFRIGERATION.

A. It shall be unlawful for any person to maintain any heating, ventilating, cooling or refrigeration system in a dangerous condition.

B. Whenever the Building Official determines that any person is maintaining a heating, ventilating, cooling or refrigeration system in a dangerous condition, he/she shall order such person to discontinue the use of or to repair, alter, remove or demolish such system.

C. Any order issued by the Building Official under the provisions of this section shall be in writing, addressed to the person responsible for the premises in which such dangerous condition exists and shall specify a date or time for compliance with such order. SEC. 4.06.010. VEHICLE IDENTIFICATION.

Any vehicle used by a licensed contractor in the conduct of that business shall carry the firm name, address and telephone number in letters at least two inches (2") high on both sides of such vehicle. SEC. 4.06.011. HUMIDIFIER INSTALLATION.

Any contractor licensed under the provisions of this Article is hereby authorized to install any humidifier that is part of a warm air heating system to an existing potable water supply system within a building. SEC. 4.06.012. PIPING INSTALLATION.

Any permit issued under the provisions of this Article shall authorize the installation of gas piping as regulated in the adopted Fuel Gas Code, from the nearest required cut-off valve to the burner of any warm air heating system. SEC. 4.06.013. CONTRACTOR RESPONSIBILITY.

A It shall be unlawful for any person that has received a permit under the provisions of the approved edition of the International Mechanical Code to sublet or sub-contract any work for which such permit was issued to any person that is not licensed for such work under the provisions of this Article. SEC. 4.06.014. SEALING OFF ELECTRIC CURRENT AND FUEL SUPPLY.

A. The Building Official shall seal off the electric current and fuel supply of any heating, ventilating, cooling or refrigeration system when such system has been installed by any person who has not obtained a permit for such installation under the provisions of the approved edition of the International Mechanical Code, or when such installation does not conform with the provisions of such Code.

B. It shall be unlawful for any person to break any such seal authorized by the Building Official under

the provisions of Paragraph "A" of this section.

C. The Building Official shall order the removal of any such seal when a permit for such installation has been obtained or when such installation conforms with the provisions of the approved edition of the International Mechanical Code.

D. When any such installation is determined to be in violation of the provisions of the approved edition of the International Mechanical Code; the Building Official shall notify the person making such installation in writing of the violations found and shall specify the time allowed to bring such installation into conformance with the provisions of such Code. 01/01/2013 (18015) 4 – 79 §4.06.015 City Code, Indep., MO

SEC. 4.06.015. INDIVIDUAL BRANCH CIRCUIT INSTALLATION.

A. The primary electrical circuit for any heating, ventilating, cooling or refrigeration installation shall be installed by a licensed electrical contractor in conformance with the provisions of the National Electrical Code, current edition.

B. Exceptions:

1. Any Journeyman or Master Heating/Cooling Contractor as defined in this Article shall be permitted to install an individual branch circuit to serve any air conditioning unit with a rating of 60,000 BTU's or less in a single family home only.

2. This exception shall be limited to residential installations only.

SEC. 4.06.016. RIGHT OF APPEAL - PROCEDURE.

A. Whenever any person is aggrieved by a decision of the Building Official in the interpretation of the approved edition of the International Mechanical Code, or when such person claims that the action of the Building Official is not in accordance with the provisions of such Code or when the Building Official disapproves the proposed use of alternate materials or methods by such person in heating, ventilating, cooling, or refrigeration installation, such person shall have the right to appeal to the Board of Building and Engineering Appeals as constituted in Article 10 of Chapter 4 of the Independence City Code. SEC. 4.06.017. APPEAL FEE.

A fee of Twenty-Five Dollars ($25.00) shall accompany any appeal filed under the provisions of Section 4.06.016 of this Article.

SEC. 4.06.018. ADDITIONS, INSERTIONS, DELETIONS, AND CHANGES.

The following numbered subsections and provisions of the approved edition of the Mechanical Code,

adopted by Section 4.06.001, are hereby amended as follows: Section 401.2 Amend to read as follows: Section 401.2 Ventilation required. Every occupied space shall be ventilated by natural means in

accordance with Section 402 or by mechanical means in accordance with Section 403. Ambulatory care facilities and Group I-2 occupancies shall be ventilated by mechanical means in accordance with Section 407.” SEC. 4.06.019 - 4.06.999 RESERVED. 12/3/18 (18971) 4 - 80 [Next page is 4-87]


ARTICLE 7. ELECTRICAL CODE

SEC. 4.07.001. NATIONAL ELECTRICAL CODE ADOPTED. The National Electrical Code, 2017 Edition, as published by the National Fire Protection Association

and approved by the American National Standards Institute is hereby adopted as the Electrical Code of the City of Independence, Missouri, for the control of electrical installation and construction as herein provided except such portions as are hereinafter deleted, modified or amended by this Article of the City Code. SEC. 4.07.002. ENFORCEMENT OF THE ELECTRICAL CODE.

The Electrical Code shall be enforced by the Building Official for all electrical work, and only the

electrical work, for which an electrical permit is required as stipulated elsewhere herein The Building Official may designate as electrical inspectors such members of the Building Inspection Division as may be necessary to enforce the provisions of the Electrical Code. SEC. 4.07.003. BUILDING OFFICIAL - DUTIES.

The Building Official shall administer the provisions of the approved edition of the National Electrical

Code, and shall perform the following duties:

1. Issue all permits required under the provisions of this Article. 2. Keep a permanent, accurate record of all licenses and permits issued and fees collected. 3. Inspect all work for which a permit has been issued. 4. Reject all work or materials used in such work that does not comply with the provisions of the National Electrical Code. 5. Order changes in workmanship or materials in order to achieve compliance with the provisions of the National Electrical Code. 6. Maintain a register of all persons lawfully entitled to engage in the business of an electrical contractor or to install, alter, replace, repair or maintain electrical systems or equipment. 7. Maintain a file of all matters relevant to the administration of this Code. 8. Deposit all license and permit fees as required by the Director of Finance.

SEC. 4.07.004. ELECTRICAL PERMIT REQUIRED.

A. Except as specifically provided elsewhere in this Article, it shall be unlawful for any person to install, remove, alter or repair any electrical system on any premises without first obtaining a permit therefor from the Building Official.

B. A separate permit shall be obtained for each such premises where electrical work is to be done. SEC. 4.07.005. ELECTRICAL PERMIT NOT TRANSFERABLE.

A permit issued under the provisions of this Article is not transferable from one person to another person or from one location to another location. SEC.4.07.006. ELECTRICAL WORK NOT REQUIRING A PERMIT.

A permit shall not be required for the following electrical work:

1. Repair work, replacement of lamps or connection of portable electrical equipment to suitable permanently installed receptacles. 2. The installation, alteration or repair of electrical equipment for the operation of signals or the transmission of signals to equipment by low voltage wiring.

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3. The installation, alteration or repair of an electrical system by or for an electric utility for the generating, control, transformation, transmission, distribution or metering of electricity in accordance with applicable franchise agreements; Rules and Regulations; and, Electric Service Policies, Standards and Requirements; and Schedule of Rates.

a. The above electrical system shall include all electric equipment, raceway and conductors which are installed, operated and maintained by and for an electric utility, and under the exclusive control of an electric utility:

4. Any work involved in the manufacturing, testing, servicing, altering or repairing of electrical equipment or apparatus. This does not include any permanent wiring which is not required for testing purposes.

SEC. 4.07.007. PERSONS TO WHOM AN ELECTRICAL PERMIT MAY BE ISSUED.

An electrical permit shall be issued only to a master electrician licensed under the provisions of this Article or to an electrical contractor who employs a licensed Master electrician as a full time employee. The Master electrician who holds the license for said company shall do so for only the one contractor he or she is employed by on a full time basis. An electrical permit may be issued to any person personally performing electrical work in an existing single family dwelling, to include accessory buildings not intended for occupancy that are detached. The single family dwelling must be located on a single addressed property and be owned and occupied by such person.

Exceptions: 1. A Mobile Home Contractor licensed in the City of Independence, Missouri, may obtain the required electrical permits necessary for the electrical hookups to existing electrical service that was in service prior to such mobile home replacement.

2. The Building Official may issue a special permit subject to the following conditions:

a. That a special permit shall be issued for only a single period of ninety (90) consecutive days, except that such special permit shall continue in force until the project for which such special permit was issued is completed in accordance with other provisions of the Code.

b. Any person obtaining a special permit under the provisions of this section shall not be eligible for another such special Permit until a period of five (5) years has elapsed from the date of issuance of a previous special permit.

c. This special permit shall be limited to an owner who shall become the occupant for at least two (2) years after the issuance of the Certificate of Occupancy of a single family residential dwelling, which is either moved onto the owner's premises from another location, or is to be constructed by the owner. Any person applying for a permit shall, at the time application is made, sign an affidavit stating that they are the owner of the property and will become the occupant of the residence for at least two (2) years after issuance of the Certificate of Occupancy.

SEC. 4.07.008. ELECTRICAL PERMIT APPLICATION.

The application for a permit to install, remove, alter or repair any electrical system shall be made to the

Building Official on forms provided and shall include the following information:

1. Name, address and telephone number of the applicant.

2. Name, address and telephone number of the owner of the property where electrical work is to be done.

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3. Occupancy and use of the property. 4. Description of electrical work to be done. 5. Plans and specifications and other information deemed necessary to insure compliance with the provisions of the Electrical Code.

SEC. 4.07.009. SCHEDULE OF FEES.


B. The minimum fee for any permit issued under the provisions of this section shall be set forth in the City’s Schedule of Fees.

C. Any person who shall commence any electrical work for which a permit is required without first obtaining such permit shall be required to pay a permit fee that is equal to and in addition to the original permit fee as set forth in the City’s Schedule of Fees for such electrical work, except that emergency electrical repair is exempt from this requirement.

D. The supplementary fee to cover any additional value not included in the original permit shall be the difference between the fee paid for the original permit and the fee which would have been required had the original Permit included the entire value.

E. Permit fees provide for the customary inspections only. Where additional inspections are made necessary by incomplete or faulty work or because of incorrect address given or because the building is locked, no fee shall be charged for the first re-inspection; however, a fee as set forth in the City’s Schedule of Fees, shall be charged for the second re-inspection and shall double for each additional re-inspection thereafter. All such re-inspection fees shall be paid by the permittee before another inspection can be requested. SEC. 4.07.010. EMERGENCY ELECTRICAL REPAIR.

A. Emergency electrical repair work may be performed without first obtaining a permit as required by Section 4.07.015 of this Article when such work is urgently necessary and it is impractical to obtain an electrical permit prior to the commencement of the emergency repair work.

B. Any person who performs emergency electrical repair work without first obtaining a permit shall obtain an electrical permit within seventy-two (72) hours from the date that such emergency repair work is completed. Any person who fails to obtain an electrical permit within the time stipulated herein shall pay a permit fee that is double the fee specified for such repair work. SEC. 4.07.011. EXPIRATION OF ELECTRICAL PERMIT.

A. Every electrical permit issued by the Building Official under the provisions of this Article shall expire and become null and void if the work authorized by such permit is not commenced within one hundred eighty (180) days from the date of issuance of such permit.

B. A permit issued under the provisions of this Article that has expired may be renewed upon payment of one-half the appropriate fee required by Section 4.07.020 of this Article provided that no changes have been made in the original plans and specifications for such work and further provided that any suspension or abandonment of work authorized by such permit has not exceeded one year. 01/01/2013 (18018) 4 – 89

§4.07.012 City Code, Indep., MO SEC. 4.07.012. NOTIFICATION BY ELECTRICAL PERMIT HOLDER.

A. Any person receiving a permit under the provisions of this Article shall notify the Building Official that the electrical work for which such permit was issued is ready for inspection. Such notification shall be given at least one (1) working day before the work is to be inspected.

B. Any person making such notification shall insure that the electrical work authorized by the permit shall comply with the standards and meet the prescribed tests of the approved edition of the National Electrical Code. If such work is approved by the Building Official, an electrical inspection notice of approval shall be issued to the permittee and the electric utility supplying electrical power to the installation shall be notified of such approval by the Building Official.

C. All electrical installations, both rough-in and finished, shall bear a label or tag identifying the contractor doing the work, and an electrical inspection notice of approval. SEC. 4.07.013. TEMPORARY ELECTRICAL PERMIT.

A temporary electrical permit may be issued authorizing the connection and use of a temporary installation, and such permit shall expire on the date stated thereon.

Where any electrical equipment is to be concealed from view by the construction of a building, the person making the installation shall notify the Building Inspection Division Such equipment shall not be concealed until it has been inspected and approved, or until twenty-four (24) hours, exclusive of Sunday and holidays, have elapsed from the time of such notification. Where concealment of equipment proceeds continuously, the person installing the electrical equipment shall give due notice and inspections shall be made periodically during the progress of the work. If inspection indicates the work is not in conformity with this Article, the Building Official shall at once give notice in writing to the person making the installation, stating the defects that are to be corrected before approval is given. SEC. 4.07.014. INSPECTION OF CONCEALED ELECTRICAL EQUIPMENT.

A. The Building Official shall seal off the electric current and fuel supply of any heating. ventilating, cooling or refrigeration system when such system has been installed by any person who has not obtained a permit for such installation under the provisions of Section 106 of the approved edition of the International Mechanical Code, or when such installation does not conform with the provisions of such Code.

B. It shall be unlawful for any person to break any such seal authorized by the Building Official under the provisions of Paragraph "A" of this section.

C. The Building Official shall order the removal of any such seal when a permit for such installation has been obtained or when such installation conforms with the provisions of the approved edition of the Uniform Mechanical Code. SEC. 4.07.015. ELECTRICAL CONNECTION TO INSTALLED ELECTRICAL EQUIPMENT.

It shall be unlawful for any person to make connection to a supply of electricity or to supply electricity to any electrical equipment for which an installation permit is required, or which has been condemned, without authorization from the Building Official. 01/01/2013 (18018) 4 - 90

City Code, Indep., MO §4.07.016 SEC. 4.07.016. STANDARDS FOR THE INSTALLATION OF ELECTRICAL EQUIPMENT.

A. Unless otherwise provided in this Code or specifically approved by the Building Official, all installations of electrical equipment provided for by this Article, shall be equal in all respects to the standards prescribed in the approved edition of the National Electrical Code.

B. When any such installation is determined to be in violation of the provisions of the approved edition of the National Electrical Code, the Building Official shall notify the person making such installation in writing of the violations found and shall specify the time allowed to bring such installation into conformance with the provisions of such Code. SEC. 4.07.017. ACCEPTABLE ELECTRICAL EQUIPMENT.

Unless otherwise provided in this Code or specifically approved by the Building Official, all electrical equipment installed under the provisions of this Code shall conform to the safety standards of the Underwriters' Laboratories, Incorporated or to other such standards approved by the American National Standards Institute. SEC. 4.07.018. IDENTIFICATION OF SWITCHES AND METERS.

All new installations of service switches and meter locations shall be provided with simple identification tags or marks that indicate their service function. When major repairs are made to old installations, similar identification shall be provided. SEC. 4.07.019. INSPECTION OF ELECTRICAL INSTALLATIONS AND EQUIPMENT.

The Building Official or any electrical inspectors authorized to enter any structure or premises within the corporate limits of the City at all reasonable hours for the purpose of inspecting electrical installations, appliances or other electrical equipment It shall be unlawful for any person to resist or otherwise interfere with any such inspection. SEC. 4.07.020. ELECTRICAL INSPECTOR - DUTIES.

It shall be the duty of any electrical inspector to inspect any existing electrical wiring or equipment for hazardous conditions. SEC. 4.07.021. UNLAWFUL ACTS.

A. It shall be unlawful for any person to tamper with, alter or do anything to the permanent electrical wiring of any building or any electrical devices that are a part of the electrical wiring system of such building that would imperil the safety of such system, or create a dangerous condition or violate the provisions of this Code.

B. It shall be unlawful for any person to maintain any electrical system in a dangerous condition. SEC. 4.07.022. STOP ORDER.

A. Whenever any work is being done contrary to the provisions of this Code, the Building Official shall notify in writing the person engaged in the doing or causing such work to be done, of violations found, specifying a period of time allowed to bring work into Code conformance.

Any person aggrieved by the decision of the Building Official in the interpretation or enforcement of the above Section has a right to appeal as specified in Section 4.07.037. 01/-1/2013 (18018) 4 - 91


B. Whenever the Building Official learns or ascertains that any electrical conductors or equipment as defined in this Code, have become hazardous to life, health, or property, he/she is authorized to direct the Electric Utility Director in writing to seal off electric current to equipment as defined in this Code; before doing so he/she shall order in writing, that such conductors or equipment be restored to a condition of safety, be dismantled or removed from its present location. The written notice shall fix a time limit for compliance with such Order, and the Building Official also has the authority to extend the time for compliance.

C. Where electric current has been sealed off, it shall be unlawful for any unauthorized person to break such seal. Upon corrections being made to meet requirements set forth in this Code, the Building Official, in writing, shall direct the Electric Utility Director to remove said seal. SEC. 4.07.023. SUPPLY OF ELECTRIC CURRENT TO CONDEMNED EQUIPMENT.

An electrical inspector shall tag or seal all condemned electrical equipment and it shall be unlawful for any person to furnish or connect electric current to any electrical wire, installation, fixture, appliance or other equipment that has been condemned or disconnected or rendered inoperative by the Building Official, or to use such electrical wire, installation, fixture, appliance or equipment as a part of any electric system until the same has been repaired and the repairs approved in writing by the Building Official. SEC. 4.07.024. VEHICLE IDENTIFICATION.

Any vehicle used by a licensed electrical contractor in the conduct of his/her business shall carry the firm name, address and telephone number in letters at least two inches high on both sides of such vehicle. SEC. 4.07.025. ADDITIONAL REQUIREMENTS.

A. Any single family dwelling with an electrical service great than 400 amps shall have a submitted drawing showing the electrical service and all related items for review before the electrical permit is issued.

B. One and two family dwellings shall have their respective electrical service entrance conductors

routed in a manner where it does not pass through another unit or dwelling. C. Any single family dwelling located on a single addressed lot shall have only one electrical service

and electrical meter. No additional utility meters or service connections shall be permitted for any non-conforming residential structure in any zoning district.

SEC. 4.07.026. RIGHT OF APPEAL - PROCEDURE.

A. Whenever any person is aggrieved by a decision of the Building Official in the interpretation of the approved edition of the National Electrical Code, or when such person claims that the action of the Building Official is not in accordance with the provisions of such Code or when the Building Official disapproves the proposed use of alternate materials or methods by such person in any electrical installation, such person shall have the right to appeal to the Board of Building and Engineering Appeals as constituted in Article 10 of Chapter 4 of the Independence City Code. 01/01/2013 (18018) 4 – 92


B. Any person aggrieved by the decision of the Building Official in regard to the revocation of a license as provided in this Article shall have the right of appeal to the City Council. Such appeal shall be taken by filing with the City Clerk for transmittal to the City Council within fourteen days after notice of the decision by the Building Official has been mailed to such person's last known address a written statement setting forth the grounds for the appeal. The City Council shall set the time and place for the hearing on such appeal. A notice of such hearing shall be given in the same manner as provided in Section 4.07.012 (B) of this Article. SEC. 4.07.027. APPEAL FEE.

A fee of One Hundred Dollars ($100.00) shall accompany any appeal filed under the provisions of

Section 4.07.036 of this Article. SEC. 4.07.028. PENALTY.

Any person violating any of the provisions of this Article shall upon conviction thereof be punished by a fine of not less than Twenty-five Dollars ($25.00) nor more than One Hundred Dollars ($100.00) for each violation Such punishment in the case of a licensed electrician shall be in addition to the revocation of an electricians license as provided for in Section 4.07.012 of this Article. Each and every day upon which such violation continues shall be deemed a separate offense. SEC. 4.07.029. LOW VOLTAGE PERMIT. The following numbered sections and provisions of the approved edition of the Electrical Code, adopted by Section 4.07.001, are hereby amended to read as follows:

A. Applicability A permit shall be required for the installation of low voltage wiring as outlined in this Chapter.

B. Residential Application 1. A permit shall only be required for the installation of hard-wired security system. All

other low voltage wiring do not require a permit for installation. 2. The installer shall have the proper licensing and insurance as required by Chapter 5 of the

City Code. C. Commercial Application

1. A permit shall be required for the installation of low-voltage wiring defined as: Wiring systems therewith, listed in the 2017 National Electric Code - Articles 411, 725, 750, and 760.

2. A low-voltage electrical permit authorizes the licensee to install, maintain, or repair only low-voltage wiring and directly related wiring. Wiring is directly related if it:

i. originates at the load-side terminals of a disconnecting means or junction box that:

1. has been installed, complete with line-side connections, by others for the specific purpose of supplying the low-voltage wiring system involved; and

2. is permanently and legibly marked to identify the low-voltage wiring system supplied; and

ii. is not installed in a location listed as hazardous under the 2017 National Electrical Code-Articles 501-503.

3. The installer shall have the proper licensing and insurance as required by Chapter 4 Article 2 and Chapter 5 of the City Code.

10/23/18 (18920) 4 – 93

City Code, Indep., MO §4.07.029 4. Exemption of certain low voltage wiring systems -

i. The installation, maintenance or repair of certain low-voltage wiring systems may be performed by those not licensed as a contractor by the City of Independence if all of the following conditions are met: (1) the system is not required to be permitted by the International Building Code; (2) no part of the system is installed in an area considered as hazardous under the 2017 National Electrical Code; (3) the system is limited or protected by a circuit breaker, fuse or other current limiting device; and (4) a failure in the system would not, in the opinion of the authority having jurisdiction, create a shock or fire hazard to persons or property.

5. The Building Official or a designated deputy inspector shall research the requirements of the 2017 National Electrical Code, and/or make field investigations of low-voltage wiring systems in question, and issue rulings on whether a low-voltage system meets the above criteria. Any decision from the Building Official shall be binding in the determination of a permit being required.

SEC. 4.07.030. ADDITIONS, INSERTIONS, DELETIONS, AND CHANGES. The following subsections and provisions of the approved edition of the National Electric Code,

adopted by Section 4.07.001, are hereby amended to read as follows: MODIFICATION TO ARTICLE 210.12. ARC-FAULT CIRCUIT INTERRUPTER

PROTECTION. All 120 volt, single-phase 15 and 20 ampere branch circuits supply outlets or devices installed in

dwelling unit bedrooms only shall be protected by any of the means described in 210.12 (A)(1) through (6).

Any new circuits installed in an existing house, all bedroom circuits shall have an arc-fault circuit

interrupter. MODIFICATION TO ARTICLE 230.46 AND 230.82. SPLICED CONDUCTORS. No splices will be allowed in the service entrance cable that supplies power from the meter can to

the breaker panel. All supply side connections out of the breaker panel shall be protected by breaker. MODIFICATION TO ARTICLE 230.70. SERVICE EQUIPMENT DISCONNECTING

MEANS. The service disconnecting means shall be located no more than 10 feet between the point of

entrance of service conductors to a readily accessible location for the installation of a service disconnecting means as specified by 230.70 (A). Service entrance conductors that extend more than 10 feet from the meter can, or more than 10 feet from the point of entrance of service conductors shall have an outside disconnect.

SEC. 4.07.031 - 4.07.999 RESERVED. 11/19/18 (18961) 4 - 94 [Next page is 4 - 99]


ARTICLE 8. SIGN CODE SEC. 4.08.001. SIGN CODE, ADOPTED.

All signs shall be regulated under and conform to Section 14-504 of the Unified Development Ordinance except such portions as are hereinafter deleted, modified, or amended by this Article of the City Code. SEC. 4.08.002. - 4.08.999 RESERVED. 1/1/2013(18023) 4 – 99 [Next Page is 4-103]


ARTICLE 9. SWIMMING POOL CODE SEC. 4.09.001 ADOPTION OF SWIMMING POOL CODE.

Article 5 and Article 13 of this chapter are hereby adopted as the Swimming Pool Code of the City of Independence, Missouri, for the control of swimming pool installation or construction as herein provided, except such portions as are hereinafter deleted, modified or amended by this Chapter. SEC.4.09.002. DEFINITIONS:

Definitions applicable in this article are set forth in Section 11.13.001 of Chapter 11 of the City Code. SEC. 4.09.003. GENERAL.

Pools used for swimming or bathing shall conform with the requirements of this Article.

EXCEPTION: Pools designed for a maximum water depth of twelve inches (12”) and having a surface area less than two hundred and fifty (250) square feet shall be exempt from the requirements, except when such pools are permanently equipped with a water recirculating system or involve structural materials.

Pools used for swimming or bathing and equipment or accessories which are constructed, installed and

maintained in accordance with the requirements of the Building Code shall be deemed to conform to the requirements of the Code. SEC. 4.09.004. PLANS AND PERMITS.

A. No swimming pool or appurtenances thereto shall be constructed, installed, enlarged or altered until a permit has been obtained from the building official.

B. Plans shall accurately show dimensions and construction of the pool and all appurtenances, properly establishing distances of lot lines, buildings, walks and fences. Details of water supply system, drainage and disposal systems, and all appurtenances pertaining to the swimming pool shall be shown. Detailed plans of structures, elevations, and sections through the pool showing depth shall be included.

C. All swimming pools covered under this section shall meet the setback standards of City Code Section 14-400-06. SEC. 4.09.005. DESIGN AND CONSTRUCTION.

A. The pool construction shall be engineered to withstand the expected forces to which it will be subjected.

B. To a depth up to five feet (5') from the top, the wall shall not be more than two feet (2') horizontal in five feet (5')vertical.

C. The slope of the floor on the shallow side of transition point shall not exceed one foot (1') vertical to seven feet (7') horizontal. The transition point between shallow and deep water shall not be more than five feet (5') deep. 01/01/2013 (18024) 4 – 103


D. All private swimming pools shall be provided with a recirculating device.

E. There shall be one (1) or more means of egress from the pool. Treads of steps or ladders shall have non-slip surfaces and hand rails on both sides.

EXCEPTION: Handrails may be omitted when there are not more than four (4) steps or when they extend the full width of the side or end of the pool.

F. Public or commercial pools shall conform to the requirements of Chapter 11, Article 13.

SEC. 4.09.006. WATER SUPPLY, TREATMENT AND DRAINAGE SYSTEMS. A. All private swimming pools shall be provided with a potable water supply, free of cross connections

with the pool or its equipment.

B. Private swimming pools shall be designed and installed so that a complete change over of pool water will occur at least once every eight (8) hours. Water shall not be filtered at a rate in excess of three (3) gallons per minute per square foot of surface area.

C. Private swimming pool water shall be continuously disinfected. The disinfecting materials and methods shall not be dangerous to public health, create objectionable physiological effects, or impart toxic properties to the water. All disinfecting materials and methods shall be used only with the approval of the department.

1. When chlorine is the disinfectant, a free chlorine residual of at least 0.4 mg/1 for a pH of 7.2 to 7.5 shall be maintained throughout the pool. For higher pH values, higher free chlorine residuals of at least 0.2 mg/1 for each 0.2 pH unit increase shall be maintained.

2. Another disinfecting material or method may be used when it has been demonstrated to provide a satisfactory residual which is easily measured and is as effective under conditions of use as the chlorine concentrations required herein.

D. The private swimming pool water pH shall be maintained at a level between 7.2 and 8.2.

E. The alkalinity of private swimming pool water should be maintained at a level between 70 and 150

mg/l as calcium carbonate.

F. The swimming pool and equipment shall be equipped to be completely emptied of water and the discharged water shall be disposed of in the manner hereinafter prescribed so that it will not create a nuisance to adjoining property.

1. A public sewer or storm drain of adequate capacity should be used for the drainage or backwashing of pool water. When draining the pool of more than normal backwashing volumes (such as a season end drain down), the pool water should be allowed to sit until the chlorine levels are virtually untraceable.

12/3/18 (18966) 4 – 104


2. Public or commercial pools shall conform to the requirements of Chapter 11, Article 13. SEC. 4.09.007. APPURTENANT STRUCTURES AND ACCESSORIES.

A. All appurtenant structures, installations, and equipment, such as showers, dressing rooms, equipment houses or other buildings or structures, including plumbing, heating and air conditioning, among others appurtenant to a swimming pool, shall comply with all applicable requirements of the Building Code and Zoning Regulations.

B. All swimming pool accessories shall be designed, constructed, and installed so as to not be a safety hazard. Installations or structures for diving purposes shall be properly anchored to insure stability, and properly designed and located for maximum safety. SEC. 4.09.008. SAFETY PRECAUTIONS.

A. Overhead electrical conductors shall be located as required in the adopted edition of the National Electrical Code.

B. Pumps, filters, and other mechanical and electrical equipment for swimming pools shall be enclosed in such a manner as to be accessible only to authorized persons and not to bathers. Construction and drainage shall be such as to avoid accumulation of water in or near enclosures housing electrical equipment.

C. Every outdoor pool covered under this Article shall be enclosed by a fence or wall not less than six feet (6’) in height. The fence or wall shall meet all applicable codes and be built in such a manner that there are no holes or gaps larger than four inches (4”). Fences shall not have a gap exceeding four inches (4”). A dwelling or accessory building may be used as part of the enclosure. Horizontal fencing which provides hand or foot holds for climbing shall not be permitted.

D. All gates or doors opening through such enclosure shall be equipped with a self closing, self latching latch on the pool side of the gate or door. Said device shall be located at least fifty-four inches (54”) above grade level for keeping the gate or door securely closed at all times. If the dwelling is used as a form of guard, a self-closing device and a latch higher than fifty four inches (54’’) should be mounted to the inside of the door. As an alternate, the door may be equipped with an audible alarm (70dB or higher) that sounds when the door is opened. The door must also self-close and self-latch.

E. All reasonable precautions shall be taken to protect the users and bathers of the pool, from injury or accident. Convenient means of entering and exiting the pool shall be provided.

F. All commercial and public pools must provide safety appliances such as life rings, rescue poles, or ropes and first aid equipment, including first aid kits. These items must be easily accessible.

G. On all commercial or public pools, depth markers shall be plainly marked on the side of the pool and on the deck or walk surrounding the pool at minimum and maximum depths, and at the break point between the shallow and deep portion of the pool. Said marking should be spaced at not more the twenty-five feet (25') intervals. Depth markers shall be a minimum of four inches (4") in height and be of a color contrasting with the background so they are easily readable.

H. A life line shall be provided at the breakpoint that divides the deep from the shallow portions of the pool, on the shallow side of the breakpoint on all Class A and Class B pools. Life lines shall be a minimum of one inch (1") in diameter, with colored floats not more than five feet (5') apart. The rope attachment shall be recessed and shall be made of corrosive resistant material. There shall be no projection which will constitute a hazard. 12/3/18 (18966) 4 – 105

§4.09.009 City Code, Indep., MO SEC. 4.09.009. SWIMMING POOL CONSTRUCTION FEE.

The permit fee for swimming pool construction shall be as set forth in the City’s Schedule of Fees. SEC. 4.09.010 - 4.09.999 RESERVED. 01/01/2013 (18024) 4 – 106


ARTICLE 10. BOARD OF BUILDING AND ENGINEERING APPEALS SEC. 4.10.001. CREATED.

There is established and hereby created a Board of Building and Engineering Appeals. SEC. 4.10.002. APPOINTMENT OF MEMBERS.

The Board of Building and Engineering Appeals shall consist of five members who shall be appointed by the Mayor, with the approval of the City Council. In addition, there shall be two (2) alternate members appointed in the same way who shall serve in the absence or disqualification of regular members. The first Board appointed shall serve one for one year, one for two years, one for three years, one for four years, and one for five years. Thereafter, members shall be appointed for terms of five years each. Alternate members shall serve for terms of three years, except that one of the initial terms shall expire on July 18, 1986 and the other on July 18, 1987. Any vacancy shall be filled for the period of the unexpired term through appointment by the Mayor, with the approval of the Council. SEC. 4.10.003. CHAIRMAN - RULES - MEETINGS.

The Board shall elect its own chairman and vice chairman, who shall serve for one year. The Board shall adopt rules and regulations to govern its proceedings. Meetings of the Board shall be held at the call of the chairman or a majority of its members and at such other times as the Board may determine. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings showing the vote of each member upon every question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be filed in the office of the Board and shall be a public record. There shall be a transcript made of all testimony and objections thereto, and the Board shall cause minutes to be kept of its ruling thereon. SEC. 4.10.004. QUORUM.

The Board of Building and Engineering Appeals shall be authorized to transact business upon the appointment of three (3) members; no less than three (3) members shall constitute a quorum to do business. SEC. 4.10.005. POWERS AND DUTIES.

The Board shall have the following powers:

1. to determine questions of fact as to the acceptability and adequacy of alternate materials, equipment, design, and types of construction;

2. to review the decisions of the Building Official, the Code Official, the Director of Public Works or the Fire Chief in the interpretation of the International Building Code, International Plumbing Code, International Mechanical Code, National Electrical Code, Chapter 17 of the City Code, Public Works Manual, and International Fire Code or any other related City standard of the City of Independence;

3. to grant exceptions to the codes above-listed when strict performance would create an undue hardship and when such exceptions would assure that substantial justice would be done in conformance with the spirit and intent of the Code provision being appealed.

SEC. 4.10.006. PROCEDURE FOR APPEAL.

Appeals to the Board may be taken by any person aggrieved by a decision of the Building Official, Code Official, Director of Public Works or Fire Chief in relation to materials, equipment, design, and types of construction required in their interpretation of the codes and standards listed in Section 4.10.005. Such appeal shall be taken within thirty days of the aggrieved action taken by the Building Official, Director of Public Works or Fire Chief by filing with the officer from whom the appeal is taken a written 01/01/2013 (18019) 4 – 107

§4.10.007 City Code, Indep., MO request for an appeal specifying the grounds thereon, together with a filing fee as set forth in the City’s Schedule of Fees. The officer from whom the appeal is taken shall immediately transmit to the Board all the papers constituting the record upon which the action appealed from was taken. An appeal shall stay all proceedings and furtherance of the actions appealed from unless the officer from whom the appeal is taken certifies to the Board after the notice of appeal is filed with him that a stay would in his opinion cause immediate peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order that may be granted by the Board or by a court of competent jurisdiction with notice to the officer from whom the appeal is taken and on due cause shown. The Board shall fix a time and place for the hearing on the particular points raised by the appeal within thirty days following receipt of same and decide same within a reasonable period. A notice of the hearing shall be mailed to the appellant's last known address at least five days prior to the date set for the hearing. At the hearing, any party may appear in person or by agent or by attorney. SEC. 4.10.007. BOARD DECISIONS.

Upon any decision of the Board, a copy of the Board's decision shall be sent to the Building Official, Director of Public Works or Fire Chief, who shall subsequently take such action as is deemed appropriate by the Board. In no case shall the Board provide a general change in the Code, and in no case shall the Board decide an appeal from an action of the City Council. A concurring vote of three members of the Board shall be necessary to effect a decision. SEC. 4.10.008. BOARD DECISION APPEALS. Any person aggrieved by a decision of the Board of Building and Engineering Appeals may appeal to the Jackson County Circuit Court as established in Chapter 536 of the Revised Statutes of Missouri, provided a written application for appeal is filed within five City business days after the day the decision is served. An application for 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. SEC. 4.10.009 - 4.10.999 RESERVED. 01/01/2013 (18019) 4 – 108

City Code, Indep., MO ARTICLE 11. LANDLORD AND TENANT CODE SEC. 4.11.001. ACTS OF LANDLORD PROHIBITED.

A. It shall be unlawful for any landlord to lease or otherwise permit or allow the occupation of any dwelling unit which does not comply with the requirements of Sections 4.01.011 through 4.01.031 of the Independence City Code.

B. It shall be unlawful for any landlord to remove or exclude a tenant or a tenant's personal property from the premises without judicial process and court order.

C. It shall be unlawful for any landlord to willfully diminish services to a tenant by interrupting or causing the interruption of essential services, including, but not limited to electric, gas, water, sewer, to the tenant or to the premises with the intent thereby to evict a tenant or cause a tenant to vacate said premises without judicial process and court order.

D. It shall be unlawful for any landlord to lease or otherwise permit or allow the occupation of any dwelling unit without providing the lessee or tenant a copy of the Independence Landlord/Tenant Guide, and obtaining the lessee or tenant’s signature as proof of receipt. Any landlord who fails to show such proof of receipt to the Code Official, when requested to do so when the landlord’s property is the subject of a code enforcement action by the Code Official, shall be subject to a One Hundred Dollar ($100.00) fine in Municipal Court. SEC. 4.11.002. ACTS OF TENANT PROHIBITED.

A. It shall be unlawful for any person, in a written application to become a tenant, to willfully misrepresent material information to the landlord with the intent to deceive the landlord and thereby acquire possession of a dwelling unit.

B. It shall be unlawful for any tenant to willfully break, destroy, deface or injure premises, or any part thereof, leased from a landlord.

C. lt shall be unlawful for any tenant to willfully refuse to permit or allow the landlord to enter and inspect the leased premises for the purpose of making repairs, upon reasonable notice, or without advance notice if an emergency condition exists, absent a written lease which provides otherwise.

D. It shall be unlawful for a tenant to willfully or wantonly destroy, deface, damage, impair or remove any part of the structure or dwelling unit or the facilities, equipment, or appurtenances thereof, or to fail to take reasonable steps to prevent any other person on the premises from doing so; or to take additional occupants, sublease, rent or turn over said premises to any persons without the landlord's knowledge and consent. SEC. 4.11.003. DEFICIENT PROPERTY.

A. A dwelling unit may be designated as a deficient property by the Code Official when a landlord fails to correct violations identified in a formal enforcement action.

B. A dwelling unit shall be designated as a deficient property when the dwelling unit is the subject of three, separate, formal enforcement actions by the Code Official within a single year.

C. For the purposes of this Article, formal enforcement action shall mean the steps taken by the Code Official or the official’s duly authorized designee, to cause property to be maintained in accordance with the requirements of this Article, initiation of which requires written notification from the Code Official to the landlord. Such notification shall identify each violation and include a date certain for correction of each violation. 12/31/99 (14381) 4 - 109


D. At the time of the determination, the Code Official shall furnish notice of such determination to the landlord and the dwelling unit’s tenant(s). A deficient property shall be subject to periodic interior and exterior inspections by the Code Official for a three-year (3) period, that the property has been determined deficient. A deficient property may not be occupied by a new tenant until the unit has been inspected by the Code Official and determined to be in compliance with the City Code. SEC. 4.11.004. REMEDY AND PENALTY NOT EXCLUSIVE.

All remedies and penalties provided in this Article shall be in addition to all other provisions of this Code, and not in lieu or exclusive thereof; provided, however, that no action may be taken against any person in violation of that person's rights as guaranteed by the Fifth Amendment to the United States Constitution. SEC. 4.11.005. AUTHORITY TO ISSUE CITATIONS.

Either the Director of Health, or the Code Official, or his or her authorized representative, is authorized to issue complaints and serve citations on persons charged with a violation of this Article. SEC. 4.11.006. PENALTY.

Any person, firm or corporation who shall violate a provision of this Article shall, upon conviction thereof, be subject to a fine of not less than One Hundred Fifty Dollars ($150.00) for the first conviction, a fine of not less than Three Hundred Dollars ($300.00) for the second conviction, and a fine of not less than Five Hundred Dollars ($500.00) for the third and subsequent convictions or to imprisonment not exceeding a period of six (6) months, or both such fine and imprisonment. In addition to or in-lieu-of such fines, such person may be required to complete a training course regarding property maintenance, and may be required to provide community service. SEC. 4.11.007 - 4.11.999 RESERVED. 7/18/03 (15471) 4 - 110 [Next page is 4-121]


ARTICLE 12. EXISTING BUILDING CODE

SEC. 4.12.001. ADOPTION OF INTERNATIONAL EXISTING BUILDING CODE. The International Existing Building Code, 2018 Edition, as published by the International Code Council, and the 2010 ADA Standards for Access Design, as published by the Department of Justice, be and is hereby adopted as the Existing Building Code of the City of Independence, Missouri, for the repair, alteration, change of occupancy, additions and relocation of existing buildings, including historic buildings, as herein provided except such portions as are hereinafter deleted, modified or amended by this Article of the City Code. SEC. 4.12.002 – 4.12.999 RESERVED. 12/3/18 (18968) 4 - 121 [Next page is 4-125]


ARTICLE 13. RESIDENTIAL CODE

SEC. 4.13.001. ADOPTION OF INTERNATIONAL RESIDENTIAL CODE. The International Residential Code, 2018 Edition, as published by the International Code Council, be and hereby is adopted as the Residential Code of the City of Independence for the construction, alteration, movement, enlargement, replacement, repair, equipment, location, removal and demolition of detached one or two family dwellings and multiple single family dwellings as herein provided, except such portions as are hereinafter deleted, modified or amended by this Article of the City Code. SEC. 4.13.002. ADDITIONS, INSERTIONS, DELETIONS, AND CHANGES. The following numbered subsections and provisions of the approved edition of the International Residential Code, adopted by Section 4.13.001, are hereby amended to read as follows: Sec. R105.2 Amend to read as follows: Sec. R105.2 Work exempt from permit. Building: 1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet. 2. Fences not over 6 feet (1828.8 mm) high. 10. Delete. Sec. R108.2 Amend to read as follows: Sec. R108.2 Schedule of permit fees. All fees shall be paid prior to the issuance of any permit, in accordance with the City’s Schedule of Fees. Table R301.2(1) Amended to include the following data: Table R301.2(1) Climatic and Geographic Design Criteria Ground Snow Load: 20 pounds per square foot Wind Speed: 115 miles per hour. Topographic effects: No Special wind region: No Windborne debris zone: No Seismic Design Category: A Weathering: Severe Frost line depth: 36 inches Termite: Moderate to Heavy Winter design temperature: 6 degrees Fahrenheit Ice Barrier Underlayment: Yes, installed as required by section 905.1.2 Air Freezing Index: 927 Mean Annual Temperature: 55.5 degrees F Table R301.2(1) Manual J Design Criteria. Delete. Sec. R302.5.1 Amend to read as follows: 12/3/18 (18973) 4 - 125

§4.13.002 City Code, Indep., MO Sec. R302.5.1 Opening protection. Openings from a private garage directly into a room used for sleeping purposes shall not be permitted. Other openings between the garage and residence shall be equipped with solid wood doors not less than 13/8 inches (35 mm) in thickness, solid or honeycombcore steel doors not less than 13/8 inches (35 mm) thick, or 20-minute fire-rated doors, equipped with a self-closing device. EXCEPTION: Attic access openings. Sec. R303.4 Mechanical ventilation. Delete. Sec. R313 Automatic Fire Sprinkler Systems. Delete. Sec. R602.6.1 Amend to read as follows: Sec. R602.6.1 Drilling and notching of top plate. When piping or ductwork in or partly in an exterior wall or interior load-bearing wall, necessitating cutting, drilling, or notching of the top plate by more than 50 percent of its width, a galvanized metal tie not less than 0.054 inch thick (1.37 mm) (16 ga) and 1 ½ inches (38mm) wide shall be fastened across and to the plate at each side of the opening with not less than four 10d (0.148 inch diameter) having a minimum length of 1 ½ inches (38 mm) at each side or equivalent. The metal tie must extend a minimum of 6 inches past the opening. Sec. R905.2.1 Amend to read as follows: Sec. R905.2.1 Sheathing requirements. Asphalt shingles shall be fastened to solidly sheathed decks. Solidly sheathed decks can be of plywood or oriented strand board meeting the thickness and fastening listed in this code for roof decking, or lumber sheathing as listed in table 803.1, provided 5/8" material is ship lapped or tongue and grooved. All decking material must also meet the roof covering manufacturer's specifications. Chapter 11 Energy Efficiency. Delete, except as listed herein: [Table] N1101.10, [Table] N1101.12.3 (1), [Table] N1101.12.3 (2), [Table] N1101.12.3 (3) [Table] N1102.1.1 [Table] N1102.1.1. Amend Wood Frame Wall R-Value in Climate Zone 4 except Marine (Row 4 Column 6) to read: “13”. Sec. N1102.2.1. Amend to read as follows: Sec. N1102.2.1 (R402.2.1) Ceilings with attic spaces. When Section N1102.1.1 would require R-38 in the ceiling, R-30 shall be deemed to satisfy the requirement for R-38 wherever the full height of uncompressed R-30 insulation extends over the wall top plate at the eaves. Similarly R-38 shall be deemed to satisfy the requirement for R-49 wherever the full height of uncompressed R-38 insulation extends over the wall top plate at the eaves. Sec. N1102.2.2. Amend to read as follows: Sec. N1102.2.2 (R402.2.2) Ceilings without attic spaces. When Section N1102.1.1 would require insulation levels above R-30 and the design of the roof/ceiling assemblies does not allow sufficient space for the required insulation, the minimum required insulation for such roof/ceiling assemblies shall be R-30. 12/3/18 (18973) 4 - 126

§4.13.002 City Code, Indep., MO Sec. N1102.2.3. Amend to read as follows: Sec. N1102.2.3 (R402.2.3) Eave baffle. For air permeable insulations in vented attics, a baffle shall be installed adjacent to soffit and eave vents. Baffles shall maintain an opening equal to or greater than the size of the vent. The baffle shall extend over the top of the attic insulation. The baffle shall be permitted to be any solid material. Sec. N1102.2.7 Amend to read as follows: Sec. N1102.2.7 (R402.2.7) Floors. Floor insulation shall be installed to maintain permanent contact with the underside of the subfloor decking. Sec. N1102.2.8 Amend to read as follows: Sec. N1102.2.8 (R402.2.8) Basement walls. Walls associated with conditioned basements shall be insulated from the top of the basement wall down to 10 feet below grade or to the basement floor, whichever is less. Walls associated with unconditioned basement shall meet this requirement unless the floor overhead is insulated in accordance with Table N1102.1.1. Sec. G2414.5.3 Amend to read as follows: Sec. G2414.5.3 Copper or copper-alloy tubing. Copper tubing shall comply with standard Type K or L of ASTM B 88 or ASTM B 280. Copper and brass tubing shall not be utilized to distribute natural gas nor shall it be utilized to distribute any other fuel gas within a building or structure. Sec. G2417.4.1 Amend to read as follows: Sec. G2417.4.1 Test pressure. The test pressure to be used shall not be less than ten (10) PSI, irrespective of design pressure. For welded piping the test pressure shall not be less than sixty (60) PSI. Sec. P2503.5.1 Amend to read as follows: Sec. P2503.5.1 Rough plumbing. DWV systems shall be inspected on completion of the rough piping installation by visual inspection of the drainage system in its entirety or in sections after rough-in piping has been installed. Sec. P2603.5 Amend to read as follows: Sec. P2603.5 Water, soil or waste pipe shall not be installed outside of a building, in exterior walls, in attics or crawl spaces, or in any other place subjected to freezing temperatures, unless adequately provision is made to protect it from freezing by insulation, heat, or both. Water service pipe shall be installed at not less than 42 inches (1066.8 mm) below grade. Sec. P2603.5.1 Amend to read as follows: Sec. P2603.5.1 Building sewers shall be a minimum of 12 inches (304.8 mm) below grade. Sec. P2902.5.3 Amend to read as follows: Sec. P2902.5.3 Lawn irrigation systems. The potable water supply to lawn irrigation systems shall be protected against backflow by a device approved by the City of Independence Water Engineering Division, and the details provided in Section 13 of the City of Independence Water Department's guide "Water Service Line and Backflow Prevention Standards”. 12/3/18 (18973) 4 - 127

§4.13.002 City Code, Indep., MO Sec. P2904 Dwelling Unit Fire Sprinkler Systems. Delete. Sec. P3008 Backwater Valves. Delete. Sec. E3601.2 Amend to read as follows: Sec. E35601.2 Number of services. One- and two–family dwellings shall be supplied by only one service. No additional utility meters or service connections shall be permitted for any non-conforming residential structure in any zoning district. Sec. E3601.6.2 Amend to read as follows: Sec. E3601.6.2 Service disconnect location. The service disconnecting means shall be installed at a readily accessible location either outside of a building or inside nearest the point of entrance of the service conductors. When service conductors are more than 10 feet in length from the point of entry to the service panel, a separate means of disconnect shall be installed at the service cable entrance to the building or structure. Service disconnecting means shall not be installed in bathrooms. Each occupant shall have access to the disconnect serving the dwelling unit in which they reside.” SEC 4.13.003 SCHEDULE OF FEES.



City’s Schedule of Fees.

C. Any person who shall commence any residential construction work for which a permit is required without first obtaining such permit shall be required to pay a permit fee that is equal to and in addition to the original permit fee as set forth in the City’s Schedule of Fees for such residential construction work, except that emergency repair work for structural integrity is exempt from this requirement.

D. The supplementary fee to cover any additional value not included in the original permit shall be

the difference between the fee paid for the original permit and the fee which would have been required had the original Permit included the entire value.


necessary by incomplete or faulty work or because of incorrect address given or because the building is locked, no fee shall be charged for the first re-inspection; however, a fee as set forth in the City’s Schedule of Fees, shall be charged for the second re-inspection and shall double for each additional re-inspection thereafter. All such re-inspection fees shall be paid by the permittee before another inspection can be requested.

SEC. 4.13.004 – SEC. 4.13.999 RESERVED. 12/3/18 (18973) 4 – 128


ARTICLE 14. FUEL GAS CODE

SEC. 4.14.001. ADOPTING OF INTERNATIONAL FUEL GAS CODE. The International Fuel Gas Code, 2018 Edition, as published by the International Code Council, is

hereby adopted as the Fuel Gas Code of the City of Independence, Missouri, for the fuel gas installations and construction in new, existing buildings, change of occupancy, additions and relocation of existing buildings, including historic buildings, as herein provided, except such portions as are hereinafter deleted, modified or amended by this Article of the City Code.

SEC. 4.14.002. ADDITIONS, INSERTIONS, DELETIONS, AND CHANGES.

The following numbered subsections and provisions of the approved edition of the International Fuel Gas Code, adopted by Section 4.14.001, are hereby amended to read as follows:

Sec. 403.4.3 Copper and copper alloy. Delete Sec. 403.4.4 Aluminum. Delete Sec. 403.5.1 Steel tubing. Delete Sec. 403.5.3 Copper and copper alloy tubing. Delete Sec. 403.5.4 Aluminum tubing. Delete”

SEC. 4.14.003-4.14.999 RESERVED. 12/3/18 (18970) 4 – 129


ARTICLE 15. RENTAL READY PROGRAM

SEC. 4.15.001. STATEMENT OF PURPOSE The purpose of this Article is to protect the public health, safety and general welfare of the residents of Independence in rental dwellings. The further intent of this Article is to:

1. Promote safe living conditions and a well-maintained community; 2. Protect the character and stability of residential areas; 3. Correct and prevent housing conditions that adversely affect or are likely to adversely affect the

safety, health and welfare of residents of rental properties; 4. Preserve the value of land and buildings throughout the City; and 5. Ensure minimum standards for the interior of residential buildings.

SEC 4.15.002. DEFINITIONS APPLICANT means a duly authorized officer or person of a business applying for an occupation license, either new or renewal. BUSINESS means all kinds of vocations, occupations, professions, enterprises, establishments and all other kinds of activities and matters together with all devices, machines, vehicles and appurtenances used therein, any of which are conducted for private profit or benefit, either directly or indirectly, on any premises in this City, or anywhere else within its jurisdiction, unless specified as a non-business through State or City Charter exemption. CITY means the City of Independence, Missouri. CITY CODE means the Code of the City of Independence, Missouri. DWELLING means a building or structure that contains one or more Dwelling Units or Rooming Units intended or designed to be used or occupied for living purposes. DWELLING UNIT means a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. INFESTATION means the presence, within or contiguous to, a structure or premises of insects, rats, vermin or other pests. LANDLORD means any person firm or corporation who rents, lets or let for occupancy dwelling units owned by such person, firm or corporation. LET or LET FOR OCCUPANCY means to permit possession or occupancy of any dwelling by a person who is or is not the legal owner of a record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land. LICENSE YEAR is the twelve month period beginning the first day of the month in which a license is issued for or renewed. 2/6/17 (18637) 4 – 130

City Code, Indep., MO §4.15.002 MANAGER means any person who, alone or jointly or severally with others, shows Rental Dwellings to prospective Occupants and/or enters lease agreements on the Owner’s behalf, and/or receives Rent from Occupants, and/or is responsible for, or arranging for, maintenance of a Rental Dwelling. OCCUPANT/TENANT means any individual living or sleeping in a Rental Dwelling, or having possession of a space within a Rental Dwelling. OWNER means any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court. OWNER'S REPRESENTATIVE means any person who has charge, care or control of a structure or premises which is let or offered for occupancy. PERSON means any individual, firm, corporation, association, partnership, cooperative or governmental agency. PREMISES means a lot, plot or parcel of land including any structures thereon. QUALIFIED RENTAL HOUSING INSPECTOR means a private inspector who is registered with the City as a qualified rental ready inspector and currently maintains and possesses at least one of the following credentials: A. International Code Council (ICC): Building or Property Mtc. Inspector; B. American Home Inspection Training (AHIT); C. American Society of Home Inspectors (ASHI); D. National Association of Home Inspectors (NAHI); E. American Association of Code Enforcement (AACE): Property Mtc and Housing Inspector; F. National Society of Home Inspectors (NSHI); G. National Association of Housing and Redevelopment Officials (NAHRO); Specialist of

Inspections; H. International Association of Certified Home Inspectors (InterNACHI); I. Missouri Licensed Real Estate Professional; J. City of Independence Licensed Contractor. RENT means payments of cash or other forms of consideration made periodically by an Occupant to an Owner, Owner’s Representative or Manager in return for the use of a Rental Dwelling. RENTAL DWELLING means a dwelling, or a portion of a Dwelling, designed for or used for human habitation and offered for Rent or Let for Occupancy. RENTAL DWELLING UNIT means a dwelling unit that is or may be available for rent or let for occupancy, or is occupied or rented by a tenant or subtenant in exchange for any form of consideration. SEWAGE means any liquid waste containing human, animal or vegetable matter in suspension or solution, and may include liquids containing chemicals in solution. 2/6/17 (18637) 4 – 131

City Code, Indep., MO §4.15.002 TRANSITIONAL HOUSING is temporary housing usually incorporated with case management for individuals living in Emergency Shelter at least 60 days to help move them to self-sufficiency and obtain permanent housing. SEC. 4.15.003. APPLICABILITY

A. The provisions of this Article shall apply to all rental dwelling units as defined by this Article. One (1) Business License shall be issued for each rental dwelling building under common ownership and shall be deemed to cover all units therein under common ownership. In the event any Rental Dwelling building has different ownership for different units therein, each owner shall be required to obtain a separate Business License. (For example, if each Dwelling Unit of a duplex is owned by separate owners and offered for rent or let for occupancy, each owner must obtain a separate business license.)

B. The provisions of this Article shall not apply to the following rental dwelling units: 1. Housing units that are unavailable for rent; 2. Housing units in hotels, motels, inns, bed and breakfasts, or in similar

accommodations that provide lodging for transient guests; 3. Housing units in any state licensed hospital, hospice, community-care facility,

intermediate-care facility, or nursing home; 4. Housing units in any convent, monastery, or other facility occupied exclusively by

members of a religious order or congregation; 5. Emergency or temporary-shelter or transitional housing accommodations; 6. Housing units owned, operated, or managed by a major educational or medical

institution or by a third party for the institution; and 7. Housing units inspected yearly pursuant to the Uniform Physical Conditions

Standards (UPCS) as established by the Department of Housing and Urban Development (HUD).

SEC. 4.15.004. BUSINESS LICENSE REQUIRED A. No person shall allow to be occupied, offer for rent, rent to another for occupancy or let for

occupancy any rental dwelling unless the owner has first obtained a valid business license issued in accordance with Chapter 5 of the City Code.

B. All those who hold a valid business license at the time this ordinance becomes effective shall be deemed to hold a valid business license within the meaning of this Article.

C. A business license shall be valid as prescribed in Chapter 5 of the City Code. 2/6/17 (18637) 4 – 132

City Code, Indep., MO §4.15.004 SEC 4.15.005. BUSINESS LICENSE APPLICATION REQUIREMENTS The owner of each rental dwelling shall make a business license application to the City on a form furnished by the City for said purpose. The application shall include the following information: A. Owner’s information to include full name, residence address, telephone number and email

address. B. The owner has placed on file with the City the name(s), business address(es), telephone

number(s) and email addresses of the Property Manager (if different than the Owner) who is responsible for day to day maintenance and management of the registered premises owned in whole or part by the applicant. (Note: A post office box will not be accepted for any address required in this subsection.)

C. A list of all rental dwelling units owned by the owner, identified by a means unique to each unit, that are or may be available for rent at any time.

D. The total number of rental dwellings on the premise and owned by the owner in the City of Independence.

E. A valid rental unit inspection form shall be submitted to the City in the form and manner prescribed by the City for all rental units.

F. Business license fees as required in Chapter 5 of the City Code are paid.

SEC. 4.15.006. RENTAL DWELLING UNIT INSPECTION REQUIRED A. A valid rental unit inspection form shall be submitted to the City in the form and manner

prescribed by the City for all rental units. B. The qualified rental housing inspector hired by the property owner shall make an inspection of

the dwelling or dwelling units for which a satisfactorily completed and executed application for a Rental Ready certificate is filed. In accordance with Section 4.11.002 of the Independence City Code, the landlord shall give reasonable notice before entering and allowing inspection of the leased premises.

C. Any rental dwelling unit that has been inspected for any reason may submit that inspection report provided the inspection is no older than twelve (12) months.

D. During the initial implementation, the rental dwelling unit inspection shall be valid for up two (2) years from the date the City issues the business license for the rental dwelling units(s). After the initial implementation, the rental dwelling unit inspection shall be valid for two (2) years from the date the City issues the business license for the rental dwelling unit(s).

SEC. 4.15.007. RENTAL DWELLING INSPECTION PROGRAM A. Prior to the issuance of a business license for a rental dwelling or any renewal thereof, the

qualified rental housing inspector shall provide to the City a passed rental unit inspection form of the premises to determine compliance with this Article. The rental unit inspection form shall include: 1. No exposed electrical wires, as specified in Seciton 4.01.02.A of the City Code; 2. All smoke detectors are to be in proper working order, as specified in Section 4.01.028.D

of the City Code; 3. All handrails shall be secure and function, as specified in Section 4.01.025.H. of the City

Code; 4. Property address street number shall be visible as required in Section 4.01.012.B of the

City Code; 5. All units shall have working sanitary drainage system as required in Section 4.01.018.A

and B. of the City Code. 6. At least one carbon monoxide detector be installed in all multi-family units and new or

remodeled homes, as specified by the International Fire Code and International Building Code;

7. A safe, continuous, and unobstructed means of egress shall be provide from the interior of a structure to a public way; as specified in Section 4.01.025 of the City Code;

5/15/17 (18749) 4 – 133


8. Ground fault circuit-interceptors are required to be placed within six feet of any water

source; including but not limited to bathrooms, garages, crawl space, unfinished basements, and kitchens, as specified in Section 4.01.022 A of the City Code; and

9. All furnaces, water heaters, and corresponding accessories shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function as specified in Section 4.01.020 and 4.01.030 of the City Code.

B. Inspection of rental dwelling units for a Rental Ready Certificate shall be accomplished as

follows: 1. All rental dwelling units shall be inspected by a Qualified Rental Housing Inspector

every two (2) years. 2. Any premise with more than four units on a single property which share common walls

and/or common floors/ceilings shall have 10% of the total number of rental units on the property inspected.

SEC. 4.15.008. RENTAL UNIT REGISTRATION TO ISSUE When the owner has properly completed the business license application for all rental unit(s), completed all requirements as provided herein and complied with all applicable codes, then the Rental Ready Certificate shall be issued.

Sec. 4.15.009. DUTIES OF LICENSEE Every owner of a rental dwelling shall notify the City of any change of information contained in the last Business License application filed with the City within thirty (30) days after the changed information.

SEC. 4.15.010. FEES AND CHARGES A business license application must be accompanied by the business license fees as required in Chapter 5 of the City Code.

SEC. 4.15.011. SUSPENSION, REVOCATION OR DENIAL OF BUSINESS LICENSE; RIGHT OF APPEAL A. The City may revoke, suspend, deny or deny renewal of any business license issued under this

Article where any of the following applies: 1. False statements on any application or information or report required by this Article to be

given by the applicant, registrant, or permit holder. 2. Failure to pay any application, penalty, re-inspection, or reinstatement fee required by

this Article. 3. Failure to correct deficiencies within the time frame specified in a Notice of violation

issued pursuant to this Chapter. 4. Failure to provide proof of Rental Unit inspection as required by this Article.

B. No business license may be denied, suspended, revoked or the renewal thereof denied unless notice and an opportunity to be heard is given the holder of the business license in accordance with the notice provisions set forth in Chapter 5 of the City Code, as applicable.

SEC. 4.15.012. PENALTY A. Any person violating the provisions of this Article shall, upon conviction thereof, be subject to a fine up to $450. In additional thereto, the city may institute injunction, mandamus or other appropriate forms of remedy or relief. Provided, that it shall be a defense to a prosecution under this article that a person charged requested and used reasonable efforts to obtain access to a dwelling unit or rooming unit under lease to another and was refused access by the lessee or person in possession of such unit. 6/19/17 (18766) 4 – 134

city code, indep... · 2020. 3. 27. · adoption of international plumbing code .....4-53 4.04.002....

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