St. Louis City Revised Code Chapter 25.20

Chapter 25.20
EXISTING BUILDING CODE

Sections:

25.20.010 Adoption.
25.20.020 Chapter 1--Deleted and replaced.
25.20.030 Section 202--Amended.
25.20.040 Chapter 3--Amended.
25.20.050 Section 406.1--Amended.
25.20.060 Section 408.1--Amended.
25.20.070 Sections 408.2 through 408.3--Added.
25.20.080 Section 409--Amended.
25.20.090 Section 410--Amended.
25.20.100 Section 503.3--Amended.
25.20.110 Section 501.1--Amended.
25.20.120 Sections 505.2 and 505.2--Added.
25.20.130 Section 506.1--Amended.
25.20.140 Sections 506.3 through 506.6--Added.
25.20.150 Sections 508 through 510--Added.
25.20.160 Section 603.4.2--Added.
25.20.170 Section 606.1--Amended.
25.20.180 Sections 608.1 through 608.3--Amended.
25.20.190 Section 608.3.4--Amended.
25.20.200 Section 609.4--Added.
25.20.210 Section 610.1--Amended.
25.20.220 Section 702.1.2--Amended.
25.20.230 Sections 704.1.1 through 704.2.1--Amended.
25.20.240 Section 706.1--Amended.
25.20.250 Sections 708 through 710--Added.
25.20.260 Section 807.1.1--Added.
25.20.270 Sections 808.1 through 808.4--Amended.
25.20.280 Section 809--Amended.
25.20.290 Section 810--Amended.
25.20.300 Section 812.5--Amended.
25.20.310 Section 906.1--Amended.
25.20.320 Sections 907 through 909--Added.
25.20.330 Section 1005.15--Amended.
25.20.340 Section 1201.2--Amended.
25.20.350 Section 1202--Added.
25.20.360 Section 1301.5--Amended.
25.20.370 Penalty for violation.

* Prior ordinance history: Ord. 65927.

25.20.010 Adoption.

The International Existing Building Code, 2003, first printing, as published by the International Code Council, Inc., three copies of which are on file in the Office of the Register of the City of Saint Louis, being marked and designated as the International Existing Building Code, 2003 as published by the International Code Council, Inc., be and is hereby adopted as "The Existing Building Code of the City of Saint Louis, in the State of Missouri," pursuant to the ordinance codified in this chapter and in conformity with Section 71.943 RSMo for the control of building and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said International Existing Building Code, 2003 are hereby referred to, adopted and made a part hereto, as if fully set out in this chapter with the additions, insertions, deletions and changes prescribed in this chapter. (Ord. 66788 § 2, 2005.)

25.20.020 Chapter 1--Deleted and replaced.

Delete entire Chapter 1 and replace with the following:

CHAPTER 1
ADMINISTRATION

SECTION 101
GENERAL

101.1 Title. These regulations shall be known as the Existing Building Code of the City of Saint Louis hereinafter referred to as A this code.@

101.2 Scope. The provisions of this code shall control matters concerning the repair, alteration, change of occupancy, addition, and relocation of existing buildings. A building or portion of a building which has not been previously occupied or used for its intended purpose shall comply with the provisions of the International Building Code, Uniform Plumbing Code, International Mechanical Code, National Electrical Code and Zoning Ordinances as amended for new construction.

This code does not replace nor repeal any existing codes except as herein mentioned. This code applies to existing buildings only, and if in conflict with any other ordinance, the most restrictive shall apply.

101.3 Intent. The purpose of this code is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment and to provide a reasonable level of safety to fire fighters and emergency responders during emergency operations.

101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.6 and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference.

101.4.1 Electrical. The provisions of the City of Saint Louis Electrical Code shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto.

101.4.2 Gas. The provisions of the City of Saint Louis Fuel Gas Code shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories.

101.4.3 Mechanical. The provisions of the City of Saint Louis Mechanical Code shall apply to the installation, alteration, repair, and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators, and other energy-related systems.

101.4.4 Plumbing. The provisions of the City of Saint Louis Plumbing Code shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system.

101.4.5 Property maintenance. The provisions of the International Property Maintenance Code shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety, hazards; responsibility of owners, operators and occupants; and occupancy of existing premises and structures.

101.4.5.1 Work on individual components or portions. Where determination is made by the code official that a component or a portion of a building or structure is in need of repair, strengthening or replacement by provisions of this code, only that specific component or portion shall be required to be repaired, strengthened or replaced unless specifically required by other provisions of this code or the code official.

101.4.5.2 Design values for existing materials and construction. The incorporation of existing materials, construction and detailing into the structural system shall be permitted when approved by the code official. Minimum quality levels and maximum strength values shall comply with this code.

101.4.6 Fire prevention. The provisions of the International Fire Code shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property of public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression and alarm systems or fire hazards in the structure or on the premises from occupancy or operation.

101.5 Safeguards during construction. All construction work covered in this code, including any related demolition, shall comply with the requirements of Chapter 13.

101.6 Appendices. The code official is authorized to require rehabilitation and retrofit of buildings, structures, or individual structural members in accordance with the appendices of this code if such appendices have been individually adopted. When any of such appendices is specifically referenced in the code, it shall become a part of this code without any special adoption by the local jurisdiction.

101.7 Correction of violations of other codes. Repairs or alterations mandated by any property, housing or fire safety maintenance code or mandated by any licensing rule or ordinance, adopted pursuant to law, shall conform only to the requirements of that code, rule, or ordinance and shall not be required to conform to this code unless the code requiring such repair or alteration so provides.

SECTION 102
APPLICABILITY

102.1 General. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.

102.2 Other laws. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law.

102.3 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code.

102.4 Referenced codes and standards. The codes and standards referenced in Chapter 14 of 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 codes and standards, the provisions of this code shall apply. Reference standards shall be permitted to be updated by rule making authority of the code official.

102.4.1 Standards and guidelines for structural evaluation. The code official shall allow structural evaluation, condition assessment and rehabilitation of buildings, structures or individual structural members based on this code= s appendix chapters, referenced standards, guidelines or other approved standards and procedures.

102.4.2 Compliance with other codes, standards and guides. Compliance with the structural provisions of the 2003 International Building Code shall be deemed exceeding or equivalent to compliance with the structural provisions of this code.

102.5 Partial invalidity. In the event any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions.

102.6 Existing structures. The legal occupancy of any structure existing on the date of the adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the International Property Maintenance Code or the International Fire Code, or as deemed necessary by the code official for the general safety and welfare of the occupants and the public.

No building or structure shall be constructed, extended, repaired, removed, altered or occupied in violation of these provisions, except for repairs as defined in Section 105.2.2, and except further that the raising, lowering or moving of a building or structure as a unit necessitated by a change in legal grade or widening of a street shall be permitted, provided the building or structure is not otherwise altered or its occupancy changed. Political subdivisions of the State of Missouri, including but not limited to, the Board of Education, Metropolitan Sewer District, the Saint Louis Housing Authority, Saint Louis Police Department, Metro, Planned Industrial Expansion, Land Clearance Redevelopment Authority, Land Reutilization Authority, Saint Louis Development Corporation and the Regional Convention and Sports Complex Authority are covered under the provisions of this code for all property within the city limits.

Exceptions:

1. Structures owned and occupied by the United States of America or the State of Missouri.

2. City of Saint Louis owned property located outside of the City Limits.

3. Existing building occupancies that are licensed by the State of Missouri as family child care homes providing home day care, as specified in Section 310.3 of the International Building Code.

4. Structures located within cemetery boundaries which are less than one thousand square feet in area and less than twenty feet in height, measured from grade to the highest point.

5. Laying or relaying of railroad trackage sidings and their appurtenant signals, culverts and structures.

102.7 Matters not provided for. Any requirements that are essential for the structural, fire or sanitary safety of an existing building or structure, or for the safety of the occupants thereof, which are not specifically provided for by this code, shall be determined by the Code Official.

The code official shall be permitted to delegate to the Department of the President, Board of Public Service, responsibility for code compliance inspections on projects within the City Limits let by the Board of Public Service or let as an Emergency Agreement. If such delegation is made, that office shall certify in writing to the code official at the completion of the project that they did inspect and believe the project to comply with the code.

102.7.1 Additions, alterations or repairs. Additions, alterations or repairs to any structure shall conform to that required for a new structure without requiring the existing structure to comply with all of the requirements of this code, unless otherwise stated. Additions, alterations or repairs shall not cause an existing structure to become unsafe or adversely affect the performance of the building.

102.8 Other regulations. When the provisions specified herein for public safety, health and welfare are in conflict with other regulations, the most rigid requirements of either the Building Code or other regulations shall apply whenever they conflict. However, the code official shall not be the enforcement officer for such other ordinances or regulations unless specified in said ordinances or regulations.

102.9 Buildings, structures or premises partly within city limits. When a building, structure or premises is constructed partly within the City and partly within County Limits, the Building Commissioner shall be authorized to enter into agreements with the adjoining code jurisdictions to avoid duplications of inspections, fees and permits.

SECTION 103
DIVISION OF BUILDING AND INSPECTION

103.1 Creation of enforcement agency. There is hereby created the Division of Building and Inspection. The Division shall consist of the following sections to include, but not be limited to: Administration Section, Building Inspection Section, Central File Section, Court Section. Electrical Inspection Section, Mechanical Inspection Section, Permit Section, Plan Exam Section, Plumbing Inspection Section and Zoning Section.

103.2 Building commissioner. The head of the Division of Building and Inspection shall be known as the Building Commissioner, in accordance with Section 15, Article 13 of the Charter of the City of Saint Louis.

103.2.1 Appointment; qualifications. The Building Commissioner, also herein referred to as the code official, shall be a Missouri licensed professional architect or engineer, and shall be appointed by the Director of Public Safety, and shall possess the necessary qualifications established by the Department of Personnel of the City of Saint Louis.

103.3 Organization. The code official shall appoint such numbers of architects, engineers, technical assistants, inspectors and other employees such as clerks, typists and cashiers, as shall be necessary for the administration of the codes governed by this ordinance, and as authorized by the code official in conformance with Civil Service qualifications and regulations. The code official shall be permitted to delegate appropriate subordinates to act in the exercise of the duties of this code, and they also shall be designated as code officials. The code official is authorized to designate employees as needed who shall exercise all the powers of the code official during the temporary absence or disability of the code official.

103.4 Restriction of employees. An official or employee connected with the Division of Building and Inspection, except one whose only connection is that of a member of the Board of Appeals, established under the provisions of Section 112, shall not be engaged in or directly or indirectly connected with the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building, or the preparation of construction documents thereof, unless that person is the owner of the building, or a first degree relative of the owner of the building; nor shall such officer or employee engage in any work which conflicts with official duties or with the interests of the Division of Building and Inspection.

Further, no Building Division employee shall be employed by or serve as an employee of any other division within the city service unless a formal request is made by the Building Commissioner to and approved by the appointing authority of that division.

103.5 Relief from personal responsibility. The code official or employee charged with the enforcement of this code, while acting for the jurisdiction, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of any act required or permitted in the discharge of official duties. Any suit instituted against any employee because of an act performed by that person in the lawful discharge of duties and under the provisions of this code shall be defended by the City of Saint Louis City Counselor= s Office until the final termination of the proceedings. The code official or any subordinates shall not be liable for costs or judgement in any action, suit or proceeding that is instituted in pursuance of the provisions of this code; and any employee of the Division of Building and Inspection, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith.

The above protection shall also extend to former employees for work performed during their period of employment with the City of Saint Louis.

103.6 Official records. An official record shall be kept of all business and activities of the department specified in the provisions of this code, and all such records shall be open to public inspection at all appropriate times.

A reasonable charge shall be established for making copies of documents. If staff time is required to assemble requested data, an estimate shall be made of personnel charges, including fringe benefits, and a signed agreement made prior to undertaking such projects. The Division of Building and Inspection is not obligated to assemble data into formats that it does not use or need in the ordinary prosecution of its work.

Further, whenever any person, firm or corporation requests a comprehensive historical investigation of the Division of Building and Inspection records relating to building or occupancy permits, an application fee of twenty-five dollars shall be charged, as specified in Section 108.2.1, in addition to all other fees as provided in other sections of this code.

SECTION 104
DUTIES AND POWERS OF CODE OFFICIAL

104.1 General. The code official is hereby authorized and directed to enforce the provisions of this code. The code official shall have the authority to render interpretations of this code and adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code.

104.1.1 Rule making authority. The code official shall have authority as necessary in the interest of public health, safety and general welfare, to adopt and promulgate rules and regulations 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 rules shall not have the effect of waiving structural or fire performance requirements specifically provided for in this code or violating accepted engineering practice involving public safety.

104.1.2 Accepted engineering practice. In the absence of provisions not specifically contained in this code or approved rules, the regulations, specifications and standards listed in Chapter 35, Referenced Standards, shall be deemed to represent accepted engineering practice in respect to the material, equipment, system or method of construction therein specified.

104.2 Applications and permits. The code official shall receive applications, review construction documents, issue or deny permits for the erection, alteration, demolition, moving or occupancy of buildings, structures or premises, inspect the premises for which such permits have been issued, and enforce compliance with the provisions of this code.

104.2.1 Preliminary meeting. When requested by the permit applicant, the code official shall meet with the permit applicant to discuss plans for the proposed work or change of occupancy prior to the application for a permit in order to establish the specific applicability of the provisions of this code.

Exception: Repairs, and level 1 alterations.

104.2.1.1 Building evaluation. The code official is authorized to require an existing building to be investigated and evaluated by a licensed design professional to determine the existence of any potential nonconformance with the provisions of this code.

104.3 Notices and orders. The code official shall issue all necessary notices or orders to insure compliance with this code.

104.4 Inspections. The code official shall make all of the required inspections, or the code official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and certified by a responsible officer of such approved agency or by the responsible individual. The code official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. The owner shall provide such special inspections as are required by the code official.

104.5 Identification. The code official shall carry proper identification when inspecting buildings, structures or premises in the performance of duties under this code.

104.6 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where the code official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of this code which makes the structure or premises unsafe, dangerous or hazardous, the code official is authorized to enter the structure or premises at reasonable times to inspect or perform the duties imposed by this code, provided that if such structure be occupied that credentials be presented to the occupant and entry requested. If such structure or premises be unoccupied, the code official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the code official shall recourse to the remedies provided by law to secure entry.

104.6.1 Disasters. In the event of a disaster such as windstorm, tornado, flood, fire earthquake, bomb blast or explosion, the code official is hereby authorized to enter and inspect structures within the affected area, subject to constitutional restrictions on unreasonable searches and seizures. When, in the opinion of the code official, there is imminent danger to an unsafe condition, the code official shall take emergency measures in accordance with this code. If the code official determines, after inspection, that a structure is unfit, the code official shall declare it a public nuisance, cause a report to be prepared and notify the affected parties in accordance with this code.

104.6.1.1 Post-disaster inspections. The code official is authorized to deputize Missouri Structural Assessment and Visual Evaluation (SAVE) Volunteer Inspectors certified by the Missouri State Emergency Management Agency (SEMA) to conduct emergency post-disaster safety evaluations of buildings.

104.7 Liability. The code official, member of the Board of Appeals or employee charged with the enforcement of this code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered liable personally, and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the City of Saint Louis City Counselor= s Office until the final termination of the proceedings. The code official or any subordinates shall not be liable for costs or judgement in any action, suit or proceeding that is instituted in pursuance of the provisions of this code; and any employee of the Division of Building and Inspection, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith.

The above protection shall also extend to former employees for work performed during their period of employment with the City of Saint Louis.

104.8 Approved materials and equipment. Materials, equipment and devices approved by the code official shall be constructed and installed in accordance with such approval.

104.8.1 Used materials and equipment. The use of used materials which meet the requirements of this code for new materials is permitted. Used equipment and devices shall not be reused unless they have been reconditioned, tested and placed in good and proper working condition and approved by the code official.

104.9 Modifications. Wherever there are practical difficulties involved in carrying out provisions of this code, the code official shall have the authority to grant modifications for individual cases, upon application of the owner or owner= s representative, provided the code official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the Department of Public Safety.

104.9.1 Areas prone to flooding. The code official shall not grant modifications related to areas prone to flooding without the granting of a variance to such provisions by the Board of Building Appeals.

104.10 Alternative materials, design and methods of construction and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided any such alternative has been approved. An alternative material, design or method of construction shall be approved where 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.

104.10.1 Research reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources.

104.10.2 Tests. Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the code official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the code official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the code official for the period required for the retention of public records.

104.10.3 Research and investigations. The code official shall require that sufficient technical data be submitted to substantiate the proposed use of any material or assembly, and if it is determined that the evidence submitted is satisfactory proof of performance for the use intended, the code official shall approve its use subject to the requirements of this code. The costs of all tests, reports and investigations required under these provisions shall be paid by the applicant or owner.

SECTION 105
PERMITS

105.1 Required. Any owner who intends to perform site grading, excavate, construct, enlarge, alter, make non-ordinary repairs to, move or demolish a building, or structure; or change the occupancy of a building, structure or premises from one use group to another; or to change to a prohibited use; or to cause any such work to be done, or to use explosives for blasting in connection with demolition, excavation, construction or other building operation, shall first make application to the code official and obtain the required permit.

Exception: No permit shall be issued to repair any building or structure condemned in accordance with Section 118 or Section 119 of the International Building Code if such building or structure is included in an executed contract for demolition between the City of Saint Louis and a demolition contractor.

105.1.1 Preservation Board permit requirements. When the ordinances of the Cultural Resources Office of the Planning and Urban Design Agency (CRO) require a permit for items for which this code does not require a permit, applications shall be permitted to be taken by the Building Division and processed solely to the Cultural Resources Office. Both the Building Commissioner and the Cultural Resources Office Director are authorized to place stop work orders. Any appeals or court actions resulting from such citations, applications or permits shall have technical and aesthetic testimony from the Preservation Board and the staff of the Cultural Resources Office.

105.1.2 Cultural Resources Office denial. Unless overruled by the Building Commissioner as a result of an emergency situation, or the Planning and Urban Design Commission, a denial from the Preservation Board shall be the final denial; no further notice from the code official shall be required to any person.

105.2 Work exempt from permit. The following types of construction work, for all Groups covered by this code, unless otherwise noted, shall be considered as ordinary repairs or minor work for which a building permit is not required.

Exceptions:

1. A Flood Plain Development Permit is still required to be obtained if the site is located in the flood plain areas defined by FEMA.

2. Ordinary repairs or minor work to residential buildings and structures up to four units, which fall under the purview of the Cultural Resource Office requiring a "Cultural Resource Office Only" permits.

01. Tuckpointing, exterior and interior painting, floor sanding and refinishing, floor tile or carpeting, replacement of flooring with like material, application of wall paper and other wall covering material, moveable cases, counters and partitions, and cabinet installation, counter tops and similar finish work;

02. Plaster patching and/or gypsum board replacement not exceeding twenty-five percent (25%) of the total wall or ceiling area of a room or space provided the fire rating and moisture resistance is maintained and no modifications are made;

03. Repair or replacement of existing gutters and above grade portions of downspouts;

04. Application of pre-finished aluminum, steel, vinyl or other like materials on soffits, fascia boards, rake boards and overhangs;

05. Replacement or repair of existing windows and frames, whenever no modification is made to the opening; installation of storm windows and doors, whenever no modification is made to the opening; glazing and glass replacement;

06. Replacement or repair of exterior and/or interior doors and/or frames, provided the fire rating, when applicable, is maintained, and no modification is made to the opening;

07. Sidewalks and driveways within property lines;

08. Exterior ramps, stairs, and/or steps, which are on grade and not more than 12 inches above grade, not attached to the structure, and within property lines;

09. Paved areas for single family residential use on the same lot as the primary structure, without roofs, covers or enclosures;

10. Concrete patio slabs or wooden patios/decks which rest directly on the ground or a rock base, provided that they are not covered by a roof or canopy, not supported by any type of permanent foundation and a maximum of 12 inches above finished grade;

11. Miscellaneous site work, landscaping, gardens, shrubbery and planting boxes, excavation or fill that does not create a permanent change in property elevation of more than 6 inches along property lines, block drainage or create erosion or damage to adjacent properties;

12. Fixed or retractable awnings installed on one and two family residential buildings which do not project over property lines, and not over 40 square feet in projected area;

13. Wall paneling of any type when applied directly to existing residential room wall surfaces;

14. Ceiling tile of any type, other than foam plastic, when applied directly to existing ceiling surfaces, except when within assembly rooms with more than 300 occupants, institutional rooms or spaces, mercantile spaces exceeding 3,000 square feet. Replacement of damaged lay-in acoustical ceiling panels of like materials up to twenty-five percent (25%) of the ceiling area in a room or space and a maximum of 500 square feet;

15. Installation of battery-operated smoke detectors within existing single family homes or apartments;

16. Small detached accessory buildings, such as utility/storage/tool sheds, cabanas, play houses, etc., 50 square feet in area or less and less than 12 feet in height, provided such accessory buildings maintain the setbacks required by the Zoning Ordinance. This does not include accessory buildings having unique uses such as barbeque and/or smoke houses, storage of fuel or other hazardous material having fuel fired equipment, and other uses that present an increased fire hazard or nuisance to adjoining property. A permit is required for all buildings housing these types of uses exceeding 50 square feet in area;

17. Residential accessory structures such as arbors, garden trellises and other minor structures, provided such structures maintain the setbacks required by the Zoning Ordinance;

18. Above-ground swimming pools, hot tubs and spas placed on a slab. Also, in-ground swimming pools with less than 24" water depth with a surface area of less than 250 square feet. All pools, hot tubs and spas shall maintain the setbacks required by the Zoning Ordinance. All pools require a permit from the City Health Department;

19. Roof covering replacement with like material; Replacement of 25% or less of the roof sheathing with like material;

20. New aluminum, steel, fiber cement, hardboard, and vinyl exterior siding with no change to existing openings;

21. Replacement of existing fencing, same height, material and location, except when enclosing swimming pools, hot tubs or spas;

22. Retaining walls 18" or less in height;

23. Non-dish radio or television antennae 12 feet or less in height, mounted on the ground, not in the front yard area, attached to, or on the roof of a building. Dish antennas 2 feet in diameter or less installed on grade or on the roof, provided such antennae maintain the setbacks required by the Zoning Ordinance, and comply with Section 3108.6.1;

24. All repairs, including smoke or fire damage, termite, wind repairs, etc., to a building when the code official determines the work is of a minor cosmetic nature and there is no damage or change to any part of the building structure. A field inspection is required to determine the nature of the repair;

25. Resealing and/or restriping of an existing paved parking lot, provided the restriping done matches the existing configuration and the number of spaces remain the same;

26. Tents smaller than 1000 square feet, or those used for private family events on the same lot as the owner’s residence.

27. Small statues on private property, erected on grade, not attached to or part of a building or structure.

28. Normal backyard playground equipment including basketball goals and standards;

29. Foundations and floor slab repair such as patching/filling of crack of up to 1/4 inch in walls and 3/8 inch in slabs, waterproofing, etc., including underpinning, provided the building is otherwise structurally sound and plumb;

30. Relining, repairing, patching and/or shotcreting existing swimming pool walls or floors, provided required minimum water depths under diving boards, if present, are maintained.

31. Ordinary and/or minor repairs to exterior cantilevered balconies, stairways and fire escapes such as patching or replacing small areas of treads, risers and platform surfaces, repairing and/or replacing small areas of handrail and guardrail panels, etc. as long as it does not effect the structural components of the exterior cantilevered balcony, stairway or fire escape.

105.2.1 Emergency repairs. Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the code official.

105.2.2 Repairs. Application or notice to the code official is not required for ordinary repairs to structures, replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any standpipe, fire suppression or detection system, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.

105.2.3 Public service agencies. A permit shall not be required for the installation, alteration or repair of generation, transmission, distribution, metering or other related equipment that is under the ownership and control of public service agencies by established right.

105.2.4 Structural damage building repair. Repairs to buildings that are determined by the code official to have sustained moderate or serious structural damage due to property maintenance neglect, improper alterations, fire, earthquake, wind, flood or other natural disasters, shall require a building permit with construction documents prepared, sealed, signed and dated by a Missouri licensed design professional.

105.2.4.1 Condemned for occupancy or condemned for demolition building repair. Repairs to buildings that are determined by the code official to be condemned for occupancy or condemned for demolition shall require a building permit with construction documents prepared, sealed, signed and dated by a Missouri licensed design professional.

105.2.5 Maintenance. All buildings, structures or premises, and all parts thereof, both existing and new, shall be maintained in a safe and sanitary condition. All service equipment, means of egress, devices and safeguards which are required by this code in a building, structure or premises, or which were required by a previous statute in a building or structure, when erected, altered or repaired, shall be maintained in good working order.

105.2.6 Owner responsibility. The owner(s) or the owner’s agent shall be responsible for the safe and sanitary maintenance of the building, structure or premises and its means of egress facilities at all times.

105.3 By whom application is made. Application for a permit shall be made by the owner or lessee of the building or structure, or agent of either, or by the Missouri licensed design professional employed in connection with the proposed work. The full names, addresses and telephone number of the owner, lessee, and applicant shall be stated in the application. Every application should have a local contact person listed. Demolition and occupancy permit applications, when applied for by anyone other than the owner of record, shall be accompanied by a notarized letter of authorization or other documentation from the owner of record granting permission to apply.

105.3.1 Application for permit. To obtain a permit, the applicant shall first file an application on a form furnished by the Department of Public Safety, Division of Building and Inspection for that purpose. Such application shall:

1. Identify and describe the work to be covered by the permit for which the application is made.

2. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work.

3. Indicate the use and occupancy for which the proposed work is intended.

4. Be accompanied by construction documents and other information as required by Section 106.

5. State the valuation of the proposed work.

6. Be signed by the applicant, or the applicant= s authorized agent.

7. Give such other data and information as required by the code official.

105.3.2 Action on application. The code official shall examine or cause to be examined applications for permits and amendments thereto. If the application or the construction documents do not conform to the requirements of all pertinent laws, the code official shall reject such application in writing, stating the reasons therefore. If the code official is satisfied that the proposed work conforms to the requirements of this code and all City of Saint Louis laws and ordinances applicable thereto, the code official shall issue a permit. The code official shall rely upon other City agencies to review for compliance with their ordinance requirements.

105.3.2.1 Substantially improved or substantially damaged existing buildings in areas prone to flooding. For applications for reconstruction, rehabilitation, addition, or other improvement of existing buildings or structures located in an area prone to flooding, the code official shall examine or cause to be examined the construction documents and shall prepare a finding with regard to the value of the proposed work. For buildings that have sustained damage of any origin, the value of the proposed work shall include the cost to repair the building or structure to its predamage condition. If the code official finds that the value of the proposed work equals or exceeds 50 percent of the market value of the building or structure before the damage has occurred or the improvement is started, the finding shall be provided to the board of appeals for a determination of substantial improvement or substantial damage. Applications determined by the board of appeals to constitute substantial improvement or substantial damage shall meet the requirements of this code.

105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned six months after date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the code official is authorized to grant one or more extensions of time for additional periods not exceeding ninety days each if the code official deems that there is reasonable cause and if a written request is received from the applicant for the extension prior to the expiration date.

105.3.4 Action on application for permit to use explosives. When it is deemed proper, safe and advisable, the code official shall, upon receipt of application, issue permits for the use of explosives for blasting in connection with demolition, excavation, construction or other building operations. Without such permit, the use of explosives for the above-mentioned purposes is hereby prohibited. Additional permits shall be required under the Fire Prevention Code.

105.4 Validity of permit. The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the City of Saint Louis. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the code official from requiring the correction of errors in the construction documents and other data. The code official is also authorized to prevent occupancy or use of a structure where in violation of this code or any other ordinance of the City of Saint Louis.

105.5 Expiration. Permits shall be issued for a period of six months unless noted otherwise. Permits shall be permitted to be extended for additional six month periods if work is progressing and a written request from the owner for the extension is received by the code official prior to the expiration of each permit. Any permit issued shall become invalid if the authorized work is not commenced within six months after issuance of the permit, or if the authorized work is suspended or abandoned for a period of six months after the time of commencing the work; except that the code official shall be permitted to grant one or more extensions of time for additional periods not exceeding six months each if the code official deems that there is reasonable cause, and if a written request is received from the owner for the extension prior to the expiration date. No permit shall be extended if, after six months from issuance of said permit, no work has begun and the Board of Aldermen has passed an ordinance that would make all or part of the work thereon illegal or unlawful.

Exception: Permits for demolition of buildings or structures or repair of buildings or structures condemned in accordance with either Section 118 or Section 119 of the International Building Code, and other work specifically identified by the code official, when in the best interests of the public, shall become invalid after thirty days unless otherwise approved. The code official shall be permitted to grant one or more extensions of time for additional periods not exceeding thirty days each after receiving a written request from the owner explaining the reasons for failing to commence or for suspending work.

105.6 Suspension or revocation. The code official is authorized to suspend or revoke a permit issued under the provisions of this code whenever the permit is issued in error or on the basis of incorrect, inaccurate, or incomplete information, or in violation of any ordinance or regulation or any of the provisions of this code.

105.6.1 Revocation of permits. The code official shall be permitted to revoke a permit or approval issued under the provisions of this code in case of any false statement or misrepresentation of fact in the application or on the construction documents on which the permit or approval was based. The code official shall be permitted to revoke or suspend a permit upon discovery of substantial non-compliance with this code or any applicable city ordinance. Permits shall be revoked for non-payment of fees.

105.6.2 Revocation of permits for repeat offenders. The code official shall revoke any permit or certificate associated with a building, structure or premises when an owner(s) is convicted by a court of competent jurisdiction twice within a twelve month period of being in violation of the same code provision on the same building, structure or premises.

105.7 Placement of permit. A true copy of the building permit shall be kept on the site of operations, open to inspection during the entire time of prosecution of the work and until the completion of the same.

105.8 Responsibility. It shall be the duty of every person who performs work for the installation or repair of building, structure, electrical, gas, mechanical or plumbing systems, for which this code is applicable, to comply with this code.

105.9 Notice of start. At least twenty-four hours notice of start of work under a building permit shall be given to the code official.

105.10 Compliance with permit. All work shall conform to the approved application and the approved construction documents for which the permit has been issued and any approved amendments to the approved application or the approved construction documents.

SECTION 106
CONSTRUCTION DOCUMENTS

106.1 Construction documents. The application for the permit shall be accompanied by at least five complete sets of construction drawings, two sets of project specifications, two sets of structural calculations, two sets of the geotechnical (soils) report and one set of site or building photographs, with sufficient clarity and detailed dimensions to show the nature and character of the work to be performed. The minimum size of any sheet shall be 8 1/2" x 11" and the maximum size of any sheet shall be 36" x 48". When quality of materials is essential for conformity to this code, specific information shall be given to establish such quality and this code shall not be cited, or the term "legal" or its equivalent be used as a substitute for specific information. Construction documents containing the words "not for construction", "preliminary", "review set", or their equivalent, shall not be accepted for application. Construction documents marked with contractors "take-off" notations shall not be accepted for application.

All construction documents submitted with an application for a building permit shall be prepared by a Missouri licensed design professional as required by Chapter 327 of the Revised Statutes of the State of Missouri. All construction documents shall bear an original embossed or wet ink seal, original ink signature and the date the documents were sealed by the Missouri licensed design professional for each discipline on the first sheet of each discipline within each set of construction documents, or on the cover sheet of each set of construction documents.

In addition, all other sheets of the construction documents, other than project specifications or calculations, shall bear the original embossed, wet ink, electronic or mechanically reproduced seal, signature and date of the Missouri licensed design professional. Any addenda or modifications submitted for changes to the construction documents shall also bear the original embossed or wet ink seal, original ink signature and date the documents were sealed.

All project specifications, calculations, reports or other documents not considered to be construction drawings shall bear an original wet ink or embossed seal, original ink signature and the date the documents were signed by the Missouri licensed design professional for each discipline on the title or index sheet.

106.1.1 Information on construction documents. Construction documents shall be drawn and dimensioned upon suitable material. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the code official.

106.1.1.1 Fire protection and alarm construction drawings. Construction drawings for the fire protection and alarm system(s) shall be submitted to show conformance with this code and the construction documents and shall be approved prior to the start of system installation. Shop drawings shall contain all information as required by the referenced installation standards in Chapter 9 of the International Building Code.

106.1.1.2 Manufacturer= s installation instructions. Manufacturer= s installation instructions, as required by this code, shall be available on the job site at the time of inspection.

106.1.2 Means of egress. The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress in compliance with the provisions of this code. In other than occupancies in Groups R-2, R-3, as applicable in Section 101.2, and I-1, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces.

106.1.3 Information for construction in areas prone to flooding. For buildings and structures in flood hazard areas as established by Table R301.2(1), construction documents shall include:

1. Delineation of flood hazard areas, floodway boundaries, and flood zones, and the design flood elevation, as appropriate;

2. The elevation of the proposed lowest floor, including basement; in areas of shallow flooding (AO zones), the height of the proposed lowest floor, including basement, above the highest adjacent grade;

3. The elevation of the bottom of the lowest horizontal structural member in coastal high hazard areas (V zone); and

4. If design flood elevations are not included on the community= s Flood Insurance Rate Map (FIRM), the code official and the applicant shall obtain and reasonably utilize any design flood elevation and floodway data available from other sources.

106.1.4 Exterior wall envelope. Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with this code. The construction documents shall provide details of the exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves, or parapets, means of drainage, water-resistive membrane, and details around openings.

The construction drawings shall include manufacturing installation instructions that provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall system which was tested, where applicable, as well as the test procedure used.

106.2 Site plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades, and, as applicable, flood hazard areas, floodways, and design flood elevations; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The code official is authorized to waive or modify the requirements for a site plan when the application for permit is for alteration or repair or when otherwise warranted.

106.2.1 Change in site plan. A lot shall not be changed, increased or diminished in area from that shown on the official site plan, until a revised site plan is resubmitted showing such changes accompanied by proof that the documents have been filed in the Recorder of Deeds Office and approved under the Zoning Code of the City of Saint Louis; except that such revised site plan will not be required if the change is caused by reason of an official street or alley opening, street widening or other public improvement.

106.3 Examination of documents. The code official shall examine or cause to be examined the construction documents for code compliance.

106.3.1 Approval of construction documents. The code official shall stamp three sets of construction documents "APPROVED", and at least one set of such approved construction documents shall be retained by the code official and one set shall be kept at the building site, open to the inspection of the code official or an authorized representative at all reasonable times. If additional "APPROVED" sets are required by the applicant, a charge shall be made as listed in Table 108.3.1.

106.3.2 Previous approvals. This code shall not require changes in the construction documents, construction or designated occupancy of a building or structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been actively prosecuted in good faith within 180 days after the effective date of this ordinance and has not been abandoned. When the codes adopted by the City of Saint Louis change from one edition to another, the work shall be permitted to be completed under the codes in effect when the permit for said work was originally issued.

106.3.2.1 Code transition. Unless requirements imposed by Federal law or State statute have changed, permits applied for within six months of the effective date of this ordinance shall be permitted to be reviewed and approved under the former building code if there is written evidence of a preliminary plan exam review of the project under the former code. The cover sheet of the construction documents shall show under which code the project was designed.

106.3.3 Phased approval. The code official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of this code. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder= s own risk with the building operation and without assurance that a permit for the entire structure will be granted.

106.3.4 Design professional in responsible charge.

106.3.4.1 General. When it is determined that documents be prepared by a Missouri licensed design professional, the code official shall be authorized to require the owner to engage and designate on the building permit application a Missouri licensed design professional who shall act as the Missouri licensed design professional in responsible charge. If the circumstances require, the owner shall designate a substitute Missouri licensed design professional in responsible charge who shall perform the duties required of the original Missouri licensed design professional in responsible charge. The code official shall be notified in writing by the owner if the Missouri licensed design professional in responsible charge is changed or is unable to continue to perform the duties.

The Missouri licensed design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building.

Where structural observation is required by Section 1709 of the International Building Code, the inspection program shall name the individual or firms who are to perform structural observation and describe the stages of construction at which structural observation is to occur. See also duties specified in Section 1704 of the International Building Code.

106.3.4.2 Deferred submittals. For the purposes of this section, deferred submittals are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the code official within a specified period.

Deferral of any submittal items shall have the prior approval of the code official. The Missouri licensed design professional in responsible charge shall list the deferred submittals on the construction documents for review by the code official.

Submittal documents for deferred submittal items shall be submitted to the Missouri licensed design professional in responsible charge who shall review them and forward them to the code official with a notation indicating that the deferred submittal documents have been reviewed and that they have been found to be in general conformance with the design of the building. The deferred submittal items shall not be installed until their design and submittal documents have been approved by the code official.

106.3.4.3 Engineering details. The code official shall require to be filed adequate details of structural, plumbing, mechanical and electrical work, including computations, loadings and structural analysis, and other essential technical data. All construction documents shall bear an original embossed or wet ink seal, original ink signature and the date the documents were sealed by the Missouri licensed design professional responsible for the design as required by State Statute. Properly sealed, signed and dated calculations shall be permitted to be accepted by the code official as complying with the conditions of this code without the need to verify the calculations or their engineering analysis.

106.4 Amended construction documents. Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents.

SECTION 107
TEMPORARY AND SEASONAL STRUCTURES AND USES

107.1 General. The code official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The code official is authorized to grant extensions for demonstrated cause.

107.2 Conformance. Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation and sanitary requirements of this code as necessary to insure the public health, safety and general welfare.

107.3 Temporary power. The code official is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion has been issued. The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or power in the City of Saint Louis Electrical Code.

107.4 Termination of approval. The code official is hereby authorized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be discontinued.

SECTION 108
FEES

108.1 General. No permit, certificate or inspection report, as required by the provisions of this code, shall be released or issued until the fees listed in this section have been paid to the City of Saint Louis, as collected by the code official or designated representative; nor shall an amendment to a permit be released until the additional fees have been paid. In collecting said fees, the code official is authorized to accept personal checks as payment; however, non-payment by said checking account shall be considered as a violation of this code and is cause for suspension or revocation of permits, certificates or reports issued or released for such personal check payment. If a permit is suspended or revoked for non-payment of a fee, or for insufficient funds, an additional twenty-five dollars shall be collected to cover administrative costs.

108.1.1 Fees other than herein prescribed. The payment of fees listed in this section shall not relieve the applicant or holder of any permit or any certificate of occupancy from the payment of other fees which shall be prescribed by law or ordinance for water taps, sewer connections, plumbing permits, mechanical permits, electrical permits, sprinkler permits, fire alarm permits, erection of signs and display structures, or fees for inspections or other privileges or requirements, both within and without the jurisdiction of the Division of Building and Inspection.

108.1.2 City of Saint Louis, Department of the President, Board of Public Service projects. Building permit fees shall be waived for contractors working in facilities located within the city limits, owned and occupied by the City of Saint Louis. Only projects which are paid for by the Department of the President, Board of Public Service out of general revenue funds and bid and contract let by the Department of the President, Board of Public Service, and inspected by the Department of the President, Board of Public Service shall be exempt from the payment of fees. This shall not relieve the applicant from applying for and obtaining a building permit. These five requirements shall apply to building permits only. These requirements shall not apply to Demolition, Plumbing, Mechanical, Electrical and Fire Protection Systems permits. Demolition permits, Plumbing permits, Mechanical permits, Electrical permits and Fire Protection Systems permits shall be applied for and paid for by the appropriate contractor.

108.2 Schedule of permit fees. Fees for permits for construction shall be as established as follows:

108.2.1 Application fee. An application fee is an administrative charge made for processing permit applications or preparing a Certificate of Flood Plain Status or conducting a Building Line Survey, and shall be the fee as listed in Table 108.3.1.

108.2.2 Repairs, level I, II or III alterations and additions. The building permit fee for repairs, alterations and additions will be based on the total estimated cost of construction, and shall be charged at the rate listed in Table 108.3.1 for repairs, alterations and additions. For the purpose of determining a fee, total construction costs shall include all costs for normal site preparation including grading, excavation and backfill, structural work, interior and exterior finishes, plumbing work, mechanical work, electrical work, overhead and profit, engineering and architectural fees. The following shall be permitted to be excluded from total construction costs: the cost to install sprinkler, standpipe and fire alarm systems; or signs.

108.2.3 Miscellaneous structures and site work. The fee for a permit for, including but not limited to, the construction of towers, retaining walls, floating structures, parking lots, fences, awnings, etc. shall be based on the total estimated cost of the construction at the rate listed in Table 108.3.1.

108.2.4 Moving of buildings. The fee for a permit to move a building or structure from one lot to another, or to a new location on the same lot, shall be as listed in Table 108.3.1. In the event that a building or structure is to be moved from a point within the City of Saint Louis to a point outside the city, the fee for the moving permit shall be based on the total estimated cost of restoration of the original site to a safe and satisfactory condition plus that portion of the moving cost which covers the journey to the city limits. In the event that a building or structure is to be moved from the outside of the City of Saint Louis to a point inside the city limits, the fee for the moving permit shall be based on the total estimated cost of the portion of the journey from the city limits to the site of re-erection.

108.2.4.1 New foundations. Before any building or structure is moved to a new foundation, it shall be required, in addition to a moving permit, that a building permit be obtained for the construction of said new foundation; the fee for the permit for said foundation shall be as listed in accordance with Table 108.3.1. In addition, all additional electrical, mechanical and plumbing permits shall be obtained.

108.2.5 Explosives. The fee for a permit for the use of explosives for blasting in connection with demolition, excavation, construction or other building operations, shall be as listed in Table 108.3.1. When a blasting operation consists of a series of blasts at intervals of distance, such as blasting a trench for the installation of utilities, and the extent of the blasting operations exceeds two hundred and fifty feet in length, the fee for a permit shall be charged for the first two hundred and fifty feet of the operation with an additional fee for each additional two hundred and fifty feet or any part thereof. The fee for a permit for the use of explosives shall cover the issuance of the permit and shall also cover pre-blasting survey inspection and post-blasting survey inspection of all property within two hundred fifty feet of the blasting operation. In addition, a separate permit shall be required under the Fire Prevention Code for the transportation, storage or use of explosives.

108.2.6 Amending permits. After a permit has been issued and an amendment is applied for, the fee shall be as follows:

1. For each and every amendment which involves additional work not originally applied for to complete the entire project, the fee shall be the appropriate fee for the additional work contemplated as usually calculated, the fee for the special demolition fund, lead remediation fund plus the application fee. These fees shall be as listed in Table 108.3.1.

2. For each and every amendment not involving additional work, a minimum fee as listed in Table 108.3.1 shall apply even though the project dollar value or building volume should remain the same or decrease. To this shall be added the application fee.

108.2.7 Special demolition fund. There shall be an additional fee charged on all building permits based on the total estimated cost of construction, and shall be charged at the rate listed in Table 108.3.1 for the special demolition fund.

108.2.8 Lead remediation fund. There shall be an additional fee charged on all building permits based on the total estimated cost of construction, and shall be charged at the rate listed in Table 108.3.1 for the special lead remediation fund.

108.2.9 Vacant building registration fee. A semiannual registration fee of two hundred dollars shall be charged to the owner of any parcel of residential property improved by a residential structure, or commercial property improved by a structure containing multiple dwelling units, which is vacant and has been vacant for at least six months, and which is violation of this code. This fee is listed in Table 108.3.1.

108.2.10 Fee for duplicate copy. Any person requesting a copy of an building permit, occupancy permit or certificate of inspection issued under this code, or the holder of any permit for similar purpose issued by the code official under any previous code or ordinance, can obtain a duplicate or re-issued copy of said permit for a fee of one dollar per copy. This fee is listed in Table 108.3.1.

108.2.11 Fee for occupancy permit. Fees for the issuance of an occupancy permit shall be as listed in Table 108.3.1. There shall be no charge for the issuance of the original occupancy permit upon completion of construction in accordance with the building permit for buildings hereafter altered with construction costs exceeding thirty thousand dollars.

108.2.11.1 Fee for temporary or partial occupancy permit. The fee for a temporary or partial occupancy permit shall be as listed in Table 108.3.1.

108.2.12 Fee for changing the name on an occupancy permit. Any person requesting a re-issuance of an occupancy permit issued under this code or under any previous code or ordinance due to a change of name, can obtain a re-issued copy of said permit for a fee of five dollars per copy. This fee is listed in Table 108.3.1.

108.2.13 Fee for approving additional sets of construction documents. Any person requesting additional sets of approved construction documents issued under this code or under any previous code or ordinance shall be charged a fee of one dollar per page. This fee is listed in Table 108.3.1.

108.2.14 Lead inspection request. Any person requesting a lead inspection of any building shall be charged the fee as listed in Table 108.3.1.

108.3 Fee tables. The code official shall cause to be collected all fees as listed in Table 108.3.1 and elsewhere in this code.

108.3.1 Fee schedule. Table 108.3.1 contains fees for permits for repairs and alterations, additions, permits for miscellaneous structures, moving of building permits, permits for blasting for demolition purposes, permits for blasting for construction purposes, addendums to permit, the special demolition fund, lead remediation fund, special inspections and occupancy permits.

108.3.2 Building permit valuations. The applicant for a building permit shall provide a total estimated cost of construction for the project at the time of application. For the purpose of determining fees, total construction costs shall include all costs for normal site preparation including grading, excavation and backfill, structural work, interior and exterior finishes, plumbing work, mechanical work and electrical work. The following shall be permitted to be excluded from total construction costs: the cost to install sprinkler, standpipe and fire alarm systems or signs.

If, in the opinion of the code official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed construction estimates for the project to meet the approval of the code official. The code official shall be permitted to require the submittal of signed and notarized construction contracts when the total estimated cost of construction is questioned. Final building permit valuation shall be set by the code official.

Final costs shall be determined by the code official, if necessary, by multiplying the total floor area of the project in square feet by an appropriate square foot cost rate, or by using the current ICC Building Valuation Data Report for New Construction, Additions, Alterations, Repairs or Rehabilitation.

Table 108.3.1

BUILDING PERMIT FEES FOR STRUCTURES;
BLASTING AND INSPECTIONS FEES

108.4 Work started surcharge fees schedule. In case any work for which a building permit is required by this code is substantially started or proceeded with prior to obtaining said permit, the total normal fees applicable shall be increased by the amount as listed in Table 108.4. The payment of said surcharge fee shall not relieve any persons from fully complying with the requirements of this code for performance or execution of the work, nor from other penalties prescribed by law.

Table 108.4
SCHEDULE FOR SURCHARGE BUILDING PERMIT FEES

108.5 Related fees. The payment of fees for the construction, alteration, removal or demolition for work done in connection with or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law.

108.6 Fees non-refundable. The fee for a permit based upon an estimated cost that is higher than later claimed by the applicant shall not be a basis for refund. When construction does not occur, or only partially occurs, fees collected are not refundable.

108.7 Fees waived for disaster related permits. In the event of a tornado, earthquake, flood, or any other disaster of such magnitude to activate the City Emergency Management Agency, the Building Commissioner is authorized to waive all permit fees normally collected by the Division of Building and Inspection for repairs, reconstruction, demolition, plumbing, mechanical or electrical work, or any other similar permits required by this Division to correct the damage caused by the heretofore mentioned disaster. These permit fees shall be permitted to be waived for a period not to exceed six months, or as otherwise determined by the Building Commissioner.

108.8 Compliance with permit. All work shall conform to the approved application and the approved construction documents for which the permit has been issued and any approved addendum to the approved application or the approved construction documents.

SECTION 109
INSPECTIONS

109.1 General. Construction or work for which a permit is required shall be subject to inspection by the code official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the City of Saint Louis. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the code official not the City of Saint Louis shall be liable for expenses entailed in the removal or replacement of any material required to allow inspection.

109.2 Preliminary inspection. Before issuing a permit, the code official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed.

109.2.1 Notice to begin work. It shall be the responsibility of the holder of a permit to notify the code official when work is ready for the various inspections required by the terms of the permit or the approved rules. Such notice shall be given within a reasonable time before the inspection is desired, but in no event shall the notice be less than the working day before. Notice given on a Friday or on a day prior to a legal holiday shall not constitute notice for inspection on a Saturday, Sunday or holiday, unless arrangements have been made under approved rules for overtime inspection on such days. Before giving such notice the holder of the permit shall first test the work and satisfy themselves that it conforms to the approved construction documents and the requirements of this code.

109.3 Required inspections. The code official, upon notification, shall make the inspections set forth in Sections 109.3.1 through 109.3.11. No work shall be done on any part of the building or structure beyond the point indicated in each successive inspection without first obtaining the approval of the code official or authorized representative. Approval shall be given only after an inspection has been requested and made of each successive step in the construction phase and all code requirements or corrections are completed, as indicated by each of the inspections required. There shall be a final inspection and approval of all buildings completed before occupancy, as described in Section 110 of this code. Failure to obtain a final inspection before occupancy will constitute a violation of the building code, subject to the penalties as set forth in Section Four. Reinforcing steel or structural framework of any part of a building or structure shall not be covered or concealed in any manner without first obtaining the approval of the code official. The code official, upon notification from a permit holder or agent, in accordance with the rules of procedure listed on the permit and posted in the office of the code official, shall make the following inspections, and shall either approve that section or portion of the construction as completed, or shall notify the permit holder or agent that they have failed to comply with the law.

109.3.1 Footing or foundation inspection. Footing and foundation inspections shall be made after excavation for footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection. Materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with ASTMC 94, the concrete need not be on the job. The owner is solely responsible for the correct location of the foundation on the site.

109.3.1.1 Soil inspection. A soil inspection is to be made after excavation for the building or structure is complete and trenches for footings, column pads, spread footings, or other types of footings are ready for concrete. No concrete is to be poured prior to this inspection.

109.3.1.2 Pier inspection. Where special foundations are required such as drilled and poured-in-place concrete piers, driven piles of all types, caissons, and other extraordinary types, the code official shall make at least one inspection and more if the size of the job warrants it.

109.3.2 Concrete slab or under-floor inspection. Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor.

109.3.3 Lowest floor elevation. In flood hazard areas, upon placement of the lowest floor, including basement, and prior to further vertical construction, the elevation certificate required in Section 1612.5 shall be submitted to the code official.

109.3.4 Frame inspection. Framing inspections shall be made after the roof deck or sheathing, all framing, fire blocking and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough electrical, plumbing, heating wires, pipes and ducts are approved.

109.3.5 Lath or gypsum board inspection. Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, is in place, but before any plaster is applied or before gypsum board joints and fasteners are taped and finished.

Exception: Gypsum board that is not part of a fire resistive assembly or a shear assembly.

109.3.5.1 Covering work. It shall be a violation of this code to cover prior to inspection any work required to be inspected under the provisions of a permit, the approved rules, or this code, regardless of any penalties for such violation. The code official shall be permitted to require the holder of the permit to uncover any such work for inspection, and the cost of uncovering such work and of replacing the cover after the work has been satisfactorily inspected, shall be borne by the holder of the permit.

109.3.6 Fire-resistant penetrations. Protection of joints and penetrations in fire-resistance-rated assemblies shall not be concealed from view until inspected and approved.

109.3.7 Energy efficiency inspections. Inspections shall be made to determine compliance with Chapter 13 and shall include, but not be limited to, inspections for: envelope insulation R and U value, fenestration U value, duct system R value, and HVAC and water heating equipment efficiency.

109.3.8 Other inspections. In addition to the inspections specified above, the code official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws that are enforced by the Department of Public Safety, Division of Building and Inspection.

109.3.8.1 Approved inspection agencies. The code official shall accept reports of approved inspection agencies provided such agencies satisfy the requirements as to qualifications and reliability.

109.3.8.2 Plant inspection. Where required by the provisions of this code or by the approved rules, materials or assemblies shall be inspected at the point of manufacture or fabrication.

109.3.8.3 Evaluation and follow-up services. Prior to the approval of a closed prefabricated assembly and issuance of a building permit, the code official shall require the submittal of an evaluation report of each prefabricated assembly, indicating the complete details of the assembly, including a description of the assembly and its components, the basis upon which the assembly is being evaluated, test results and similar information, and other data as necessary for the code official to determine conformance with this code. Acceptable reports shall be permitted to come from: The State of Missouri Public Service Commission or ICC Evaluation Services.

109.3.8.3.1 Evaluation service. The code official shall designate the evaluation service of an approved agency as the evaluation agency, and review such agency’s evaluation report for adequacy and conformance to this code.

109.3.8.3.2 Follow-up inspection. Except where all assemblies and subassemblies, service equipment and accessories are readily accessible for complete inspection at the site without disassembly or dismantling, the code official shall conduct the frequency of in-plant inspections as necessary to reasonably assure conformance to the approved evaluation report, or shall designate an approved independent inspection agency to conduct such inspections. The inspection agency shall furnish the code official with the follow-up inspection manual and a written report of inspections upon request, and the product shall have an identifying label permanently affixed to the product indicating that factory inspections have been performed.

109.3.8.3.3 Test and inspection records. All required tests and inspection records shall be accessible to the code official or quality assurance agency at all times during the fabrication of the unit or subassembly and the erection of the building; or such records as the code official designates shall be filed with the code official.

109.3.8.3.4 Inspection reports. All inspection reports shall be in writing and shall be certified by the licensed authority, or responsible officer of the service, or the individual when expert inspection services are accepted. An identifying label or stamp permanently fixed to the product indicating that factory inspection has been made shall be accepted in lieu of the aforesaid inspection report in writing if the intent or meaning of such identifying label or stamp is properly substantiated.

109.3.9 Special Inspections. For special inspections, see Section 1704 of the International Building Code.

109.3.10 Final inspection. The final inspection shall be made after all work required by the building permit is completed.

Upon completion of the building or structure, and before issuance of the occupancy permit as required in Section 110, a final inspection shall be made. All violations of the approved construction documents and permit shall be noted and the holder of the permit shall be notified of the discrepancies. The code official shall be permitted to issue a temporary or partial occupancy permit for a specific period of time. Failure to comply with the conditions shall cause revocation of the permit.

109.3.11 Blast survey inspections. When a permit is issued for the use of explosives, the code official shall cause to be conducted two survey inspections of all buildings within two hundred fifty feet of the blasting, and a third inspection to be made after the blasting. These inspections shall indicate any settlement, cracks or other deterioration; additional or supplemental detailed survey work shall be permitted to be required by the code official. Such inspections or survey work, as required by the code official, must be conducted by a private individual or individuals technically competent to do such work and acceptable to the code official. Such private surveys shall be conducted at the expense of the permit applicant. The additional or supplemental survey work shall be permitted to be accepted by the code official in lieu of the pre-blast or post-blast survey if the survey(s) has included all areas within two hundred fifty feet of the blasting site and contains the details required herein.

109.4 Inspection agencies. The code official is authorized to accept reports of approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability.

109.5 Inspection requests. It shall be the duty of the holder of the building permit or their duly authorized agent to notify the code official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspection of such work for any inspections that are required by this code.

109.5.1 Action on notice. Upon receipt of notice that work is ready for inspection, the code official shall inspect, or cause to be inspected, the work as soon as reasonably practicable. However, failure of the code official to make a prompt inspection shall not be deemed justification for covering work without inspection when such work is required under the terms of the permit to be inspected before being covered.

109.6 Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the code official. The code official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or shall notify the permit holder or an agent of the permit holder wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the code official.

109.7 Periodic inspections. The code official shall, if deemed necessary, make or cause to be made such periodic inspections of buildings, structures, devices, appurtenances, and uses as are required by and in the intervals prescribed by Table 109.7. In order to provide a uniform workload throughout the year, the code official shall be permitted to alter the intervals between periodic inspections as required to meet staffing levels.

Exterior cantilevered balconies, stairways and fire escapes shall be inspected every three years by a Missouri licensed design professional. The owner shall submit a report bearing the seal, signature and date of a Missouri licensed professional engineer or architect to the code official describing the condition and safety of the exterior cantilevered balconies, stairways, and fire escapes. This shall apply to all exterior cantilevered balconies, stairways, and fire escapes on all buildings regardless of stories or height.

TABLE 109.7
PERIODIC INSPECTION OF STRUCTURES, DEVICES AND USES

Note a. Applies to all buildings over 5 stories or 60 feet in height. Owners to submit report bearing the Seal of a Missouri licensed Professional Engineer or Architect to the code official every three years describing the condition and safety of cornices, entablatures, belt courses, etc. The code official shall waive inspection if feature does not encroach over City of Saint Louis sidewalk, street or alley.

Note b. Owners shall submit a report bearing the seal, signature and date of a Missouri licensed professional engineer or architect to the code official every three years describing the condition and safety of exterior cantilevered balconies, stairways and fire escapes.

109.7.1 Professional inspection. The code official shall require owners to supply inspection reports by Missouri licensed design professionals for any building, structure, appurtenance, or device when, in the code official’s opinion, it is necessary to insure proper public safety, health and welfare.

109.8 Right of entry. The code official shall have the authority to enter at any reasonable hour any building, structure or premises in the City of Saint Louis for which a permit has been issued but has not received a certificate of occupancy in accordance with Section 110 to enforce the provisions of this code or any other code or ordinance of the City of Saint Louis. No person shall accompany a code official onto a premises in the performance of their duty unless otherwise invited onto said premises by the owner or the owner’s representative.

For all other structures or premises, when the code official has reasonable cause to believe that a code violation exists, the code official is authorized to enter the building, structure or premises at reasonable times to inspect subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused or not obtained, the code official is authorized to pursue recourse as provided by law.

109.9 Jurisdictional cooperation. The assistance and cooperation of the Police, Fire, Streets, Parks and Health Departments, and all other city officials, shall be available as required in the performance of the duties of the code official.

109.10 Parking. Division of Building and Inspection employees, when on official duty, shall be allowed to park, without payment of fees, at any parking meter or contrary to posted NO PARKING ZONES. In no event will parking be allowed in front of fire plugs, mail boxes, bus stops, wheelchair ramps, nor within disabled parking spaces unless vehicle displays a permanent Missouri placard or license plate for the disabled.

109.10.1 Placards. Each authorized individual shall display one placard, approved by the code official, in either the front or rear window of private or city vehicles, to indicate that the individual is on official city business and is exempt from parking fees, citations, and parking tickets, in accordance with Section 109.10, during normal working hours. The Building Commissioner shall not issue such placards to any person not on the Division of Building and Inspection payroll. The Building Commissioner shall have the authority to request cancellation of parking tickets issued contrary to this ordinance.

SECTION 110
CERTIFICATE OF OCCUPANCY

110.1 Use and occupancy. No building, structure or premises shall be used or occupied, and no change in the existing occupancy classification of a building, structure, premise or portion thereof shall be made until the code official has issued an occupancy permit therefore as provided herein. Issuance of an occupancy permit shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Failure to have an occupancy permit approved and issued by the code official is a violation, and both the occupant and owner shall be subject to a penalty, as set forth in Section Four. Each day that a violation continues shall constitute a separate offense.

110.1.1 Posting notice. It shall be the duty of the code official to post a notice on any building, structure or portion thereof when it is found that an occupancy permit is required before any occupancy shall be permitted to occur. This notice shall remain in plain sight and removal of same shall constitute a separate offense and shall be subject to a penalty as set forth in Section Four.

110.2 Temporary or partial occupancy permits. Upon the request of an owner or an owner’s representative, a temporary or partial occupancy permit shall be permitted to be issued for a building, structure or premises, provided that no conditions exist which endanger life, public safety or welfare. Temporary or partial occupancy permits shall be permitted to be subject to conditions.

110.3 Certificate of substantial completion. Upon the request of the design professional of record, the code official shall be permitted to issue a Certificate of Substantial Completion for a building, structure or premises before the entire work covered by the building permit has been completed, provided there are no conditions existing which would endanger public safety, health or welfare. Certificates of Substantial Completion shall be permitted to be subject to conditions. The owner can occupy or utilize the work or designated portion thereof for the use for which it is intended provided a partial occupancy permit has been applied for and issued by the code official.

110.4 Contents of the occupancy permit. When a building, structure or premises is entitled thereto, the code official shall issue an occupancy permit within a reasonable period of time. The occupancy permit shall certify compliance with the provisions of this code and the purpose for which the building, structure or premises will be u