The code adopted by this article is hereby amended by substituting the following sections in lieu of those sections with corresponding numbers in the code, or, where there is no corresponding section in the code, the following sections shall be enacted as additions to the code:

 

101.1 Title:  These regulations shall be known as the Building Code of Columbia, Missouri, hereinafter referred to as "this code."

101.2.2: Appendices C, F, I, and J are hereby adopted as amended.

Appendix J section J106.1 Maximum slope; is hereby amended to read as:  The slope of cut and fill surfaces shall be no steeper than is safe for the intended use, and shall be no steeper than 3 horizontal to 1 vertical (33 percent) unless the applicant furnishes a geotechnical   report justifying a steeper slope.

Exceptions:  Number 1 is deleted in its entirety and exception number 2 will now be listed as exception number 1.

Appendix J section J107.6 Maximum slope; is hereby amended to read as:  The slope of fill surfaces shall be no steeper than is safe for the intended use.  Fill slopes steeper than 3 horizontal to 1 vertical (33 percent) shall be justified by a geotechnical report or engineering data.

101.4 Referenced codes:  Add the following additional sentence to this paragraph: All references to the International Existing Building Code are deleted.

103.0 Division of Building and Site Development

103.1 Director:  The administration and enforcement of this code shall be the duty of the director of public works, who is hereby authorized to take such action as may be reasonably necessary to enforce the provisions of this code.  Such persons may be appointed and authorized as assistants or representatives of the director as may be necessary to carry out the provisions of this code.

103.2 Appointment: Delete

103.4  Restriction of employees:  An employee connected with the Division of Building and Site Development shall not be engaged in or directly or indirectly connected with the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building, or the preparation of plans or of specifications therefore, unless he is the owner of the building; nor shall such employee engage in any work which conflicts with his official duties or with the interest of the department.

104.7 Department records:  An official record shall be kept of all business and activities of the division specified in the provisions of this code, and all such records shall be open to public inspection at all appropriate times and according to reasonable rules to maintain the integrity and security of such records.

104.8 Liability:  The code official, officer or employee charged with the enforcement of this code, while acting for the jurisdiction, shall not thereby render himself liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of any act required or permitted in the discharge of official duties.  Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings.  The code official or any subordinate shall not be liable for costs in any action, suit or proceeding that is instituted in pursuance of the provisions of this code; and any officer of the Division of Building and Site Development   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.

107.1 General: Add the following paragraph and list after exception paragraph:   The application for the permit shall be accompanied by not less than two (2) sets of construction documents drawn to scale, with sufficient clarity and detail dimensions to show the nature and character of the work to be performed including general construction, special inspections, construction observation programs, structural, mechanical and electrical work and calculations.  Each sheet of each set of plans, each set of specifications, calculations and other data shall be legally   sealed by a registered design professional as required by the State of Missouri statutes.  Where special conditions exist, the code official is authorized to require additional documents, information or calculations that are to be prepared by a registered design professional licensed in   the State of Missouri.  Legally sealed may include a “wet seal” with original signatures or other approved methods.

Buildings or structures exempt from these requirements are:

a.    One-family dwellings.

b.    Two-family dwellings.

c.    Commercial or industrial buildings not more than twelve hundred (1,200) square feet and which provide for the employment, sleeping, assembly, housing or feeding of less than ten (10) persons.

d.    Any structure containing less than twenty thousand (20,000) cubic feet, except as provided in b. or c. above.

e.    A building or structure used exclusively for farm purposes.

107.2.5 Site plan:  There shall also be filed a site plan showing to scale the size and location of all the new construction and all existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades; and it shall be drawn in accordance with an accurate boundary line survey and certifying as to date survey was made.  In the case of demolition, the site plan shall show all construction to be demolished and the location and size of all existing structures and construction that are to remain on the site or plot.

Exemption:  One- and two-family dwellings are not required to show proposed finished grades.

107.2.5.1 Delete in its entirety

107.2.5.2   Private sewage disposal system:  The site plan shall indicate the location of a private sewage disposal system where a public sewer is not available.  All technical data and soil data required by the State of Missouri Regulation 19 CSR 20-3.060, Minimum Construction Standards for On-Site Sewage Disposal Systems, shall be submitted with the site plan.

107.2.5.3 Location of utility easements to be shown on building permit applications:  All applications for building permits shall clearly show the location of all utility easements and all structures, lines or pipes used by the utility and located within such utility easements.  No building permit shall be issued with respect to a structure to be located on, over, under or within a utility easement unless and until such time as the city council:

A.    Shall determine by ordinance that the structure as proposed contains adequate protection to insure:

1.    Full ingress and egress to all portions of the easement insuring full and safe maintenance, construction and reconstruction of all utility structures located or which could be located within the easement; and

2.    Full use of the easement for utility purposes without danger to public property and to the health, safety and welfare of the citizens of the city.

B.    Shall receive adequate assurances in the form of a bond or a waiver of claim and indemnity agreement on a form approved by the city counselor sufficient to protect the city and its citizens from loss.

Provided, however, that in lieu of the requirements of subparagraphs A and B above, an applicant shall have the option of relocating any and all utility improvements and utility easements at applicant’s own expense and upon the written approval of the owner of the improvements and utility easements.

108.4 Termination of approval: The code official is hereby authorized to terminate such permit for a temporary structure and to order the demolition of any such construction at the official’s discretion, or as directed by a decision of the building construction codes commission.

109.1 General:  A permit to begin work for new construction, alteration, removal, demolition or other building operation shall not be issued until the fees prescribed in this section shall have been paid to the Division of   Building and Site Development or other authorized agency of the jurisdiction, nor shall an amendment to a permit necessitating an additional fee be approved until the additional fee shall have been paid.

109.2 Schedule of permit fees: A fee for each plan examination, building permit and inspection shall be paid in accordance with the following schedule:

New construction (one- and two-family only):

0 to 3,000 square feet        -    $0.0513 per square foot with minimum $21.60

3,000 to 10,000 square feet        -    $153.90 plus $0.0432 per square foot for area over 3,000 square feet

Over 10,000 square feet        -    $456.30 plus $0.0351 per square foot for area over 10,000 square feet

For unfinished basements        -    $0.027 per square foot

New construction (except one- and two-family dwellings) and all remodeling, alterations and repairs:

Permit fees for new construction (except for one- and two-family dwellings) shall be based upon the value of the construction as determined by the Division of Building and Site Development using the BOCA (Building Officials and Code Administrators International, Inc.) Building Valuation Data Report as published in the BOCA magazine November/December 1991 issue. Remodeling, alterations and repair valuations shall be computed using fifty (50) percent of the value for new construction.

The values determined in accordance with the above is for determining the building permit fee and is not intended to determine actual construction costs.

$0.00 to $50,000.00                                -    $3.78 per thousand (minimum fee $21.60)

$50,000.01 to $100,000.00    -    $189.00 plus $2.16 per thousand over $50,000.00

$100,000.01 to $150,000.00    -    $297 plus $1.62 per thousand over $100,000.00

Over $150,000.00    -    $378.00 plus $1.08 per thousand over $150,000.00

All construction

Footing & Foundation Only     -    The permit fee to do only footing and foundation for a building or structure shall be $54.00.      This fee is in addition to the normal building permit fee and is not refundable or credited to     the normal building permit fee.

Plan Review Fee    -    Fifty (50) percent of building permit fee. This fee is imposed whenever plans are required.

Reinspection:                                      -    $35.00 for each failed inspection

Exemption:  Residential storage structure under 120 square feet shall be exempt from permit fees.

109.2.1 Moving of buildings:  The fee for a building permit for the removal of a building or structure from one lot to another or to a new location on the same lot shall be fifty (50) percent of the fee for new buildings with a minimum fee of $45.00.  There shall also be an inspection fee of $25.00 prior to moving the building or structure.

109.2.2 Demolition:  The fee for a permit for the demolition of a building or structure shall be: residential – fifty dollars ($50.00), commercial – one hundred dollars ($100.00).

109.2.3 Signs:  The fee for signs, billboards and other display structures for which permits are required under the provisions of the Sign Regulations shall be $45.00 for not more than fifty (50) square feet.  For each sign over fifty (50) square feet - $45.00 plus $0.15 for each square foot over fifty (50).

109.4 Work commencing before permit issuance:  Where work for which a permit is required by this code is started prior to obtaining the permit, the fees specified above shall be doubled.  If any person, firm or corporation commits a second offense by starting work without a permit, the person shall pay three times the customary fee in order to obtain the necessary permit.  Any offense shall subject the offender to prosecution under Section 114 of this code.

If any person, firm or corporation fails to obtain the necessary permit(s) within five (5) days after being notified in writing to do so by the code official, the person shall pay in addition to the fee as provided above, the sum of five dollars ($5.00) for each day in excess of the five (5) days that pass before the person obtains the necessary permit.  The payment of any or several of the above-stated fees shall not relieve any person from fully complying with the requirements of this code in the execution of the work nor from any penalties prescribed herein.

109.5  Related fees:  The payment of the fee for the construction, alteration, removal, or demolition and for all work done in connection with or concurrently with the work contemplated by a building permit, shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law or ordinance for water taps, sewer connections, electrical permits, erection of signs and display structures, marquees or other appurtenant structures, or fees for inspections, certificates of use and occupancy or other privileges or requirements, both within and without the jurisdiction of the Division of Building and Site Development.

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

1.    The full amount of any fee paid hereunder which was erroneously paid or collected.

2.    Not more than seventy five (75) percent of the permit fee paid when no work has been done under a permit issued in accordance with this code.

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

111.3 Temporary Occupancy: A bond must be provided to receive a Temporary Certificate of Occupancy.  The building official will establish a bond amount based on the work remaining for completion of the structure and the site.  The building owner, contractor, or design professional in responsible charge shall provide information, including a completion date for all building and site work remaining for completion.  The building official has the authority to approve or deny any request for a Temporary Certificate of Occupancy.  The building official has the authority to set the final amount of the bond, or the option to waive the bond upon receiving written request and documentation for file from the building owner, contractor, or design professional in responsible charge.      

113 BUILDING CONSTRUCTION CODES COMMISSION

113.1 Creation of the commission:  There is hereby created a building construction codes commission consisting of ten (10) members and ten (10) alternates.

113.1.1   Membership of the commission:  The commission shall consist of ten (10) members appointed by the city council. The first three (3) members appointed shall serve for three (3) years, the second three (3) members appointed shall serve for two (2) years and the final four (4) members shall serve for one year.  Thereafter, each new member shall be appointed for three (3) years or until a successor has been appointed.  Appointments to fill vacancies shall be for unexpired terms only.

113.1.2   Qualifications of commission members:  The commission shall be composed of individuals with the following qualifications:

1.    Professional engineer (experience in electrical/mechanical)

2.    Professional engineer (experience in structural/civil)

3.    Master plumber

4.    Licensed electrician or electrical contractor

5.    Major contractor or superintendent

6.    Minor contractor or home builder

7.    Person experienced in fire prevention

8.    Registered architect

9.    Layperson

10.    Residential rental property owner

113.1.3 Alternates:  Whenever possible, the city council shall appoint an alternate commissioner of equal qualifications for each regular commissioner appointed.  The alternate shall serve a term contemporaneous to the term of the regular commissioner of equal qualifications.

113.1.4   Commission chair:  The board shall select one of its members to serve as chair and the code official shall designate a clerk from the department to serve as secretary to the board, who shall keep a detailed record of all proceedings on file in the Division of Building and Site Development.

113.1.5 Meetings:  Upon the request of any commissioner or whenever there is any business to transact before the commission, the commission shall meet once each month.

113.1.6 Absence of commissioners:  During the absence of a commissioner, the designated alternate shall sit on the commission. While sitting on the commission, the alternate shall have the full power and authority of the regular commissioner. The chair of the commission is authorized to excuse any member from attendance at a commission meeting; provided that the member requested to be excused before the meeting. Any member who is absent, without being excused, from twenty-five (25) percent of the regular commission meetings held in a calendar year shall automatically forfeit the office. Any member who is absent, without being excused, from three (3) consecutive regular meetings shall automatically forfeit the office. It shall be the duty of the chair to promptly notify the city council of the vacancy. The city council, upon such notice, shall appoint a new commissioner with equal qualifications to fill the remainder of the original term.

113.2  Application for appeals:  The owner of a building or structure or any person directly affected by a decision of the code official or fire marshal may appeal to the building construction codes commission from a decision of the official refusing to grant a modification, variance or waiver to the provisions of the Building, Electrical, Plumbing, Mechanical, Fire Prevention, One and Two Family Dwelling or Property Maintenance codes covering the manner of construction or materials to be used in the construction, erection, alteration, or repair of a building or structure.  Application for appeal may be made when it is claimed that the true intent of the code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of the code do not fully apply, an equally good or better form of construction can be used, or undue hardship is created by strict compliance with the letter of the code but has no significant effect on the health, safety and welfare of the public or any individual.  A fee of one hundred twenty dollars ($120.00) must be submitted with the application.  The fee shall be refunded to the applicant if the applicant appears at the commission meeting at which the appeal is scheduled to be heard.

113.2.1 Notice of meeting:  The commission shall meet upon notice of the chairman within ten (10) days of filing of an appeal or at stated periodic meetings if warranted by the volume of work.

113.2.2 Public hearing:  All hearings and meetings of the commission shall be public.  All hearings considering an appeal of a ruling of the code official or fire marshal shall be on the record and be recorded by a person qualified as a court reporter.  At the appeal hearing, the appellant, and appellant's representative, the official of the jurisdiction and any other person whose interests may be affected by the matter on appeal, shall be given an opportunity to be heard.  All testimony on matters on appeal shall be given under oath.

113.2.3 Adjourned meeting:  When seven (7) qualified commissioners are not present to consider a specific appeal, either the appellant, the building official or their representative may request a postponement of the hearing.

113.2.4 Action of the commission:  The commission shall affirm, modify or reverse the decision of the building official or fire marshal by a concurring vote of six (6) members.  Every action of the commission shall be by motion or resolution and the commission's decision shall be evidenced by certified copies which shall be furnished to the appellant and to the code official.

113.2.5 Exemption of members:  A member of the commission shall not vote on any question in which that member is engaged as contractor, material dealer, or in the preparation of plans or specifications, or in which the board member has any personal interest.

113.2.6 Determining vote:  Failure to secure six (6) concurring votes shall be deemed a confirmation of the decision of the code official except that the appellant shall be entitled to further hearing before a full commission if there were not ten qualified members present when the vote was taken.

113.2.7 Enforcement of decision:  The code official shall take immediate action in accordance with the decision of the board.

113.3 Court review:  Any person aggrieved by a decision of the commission may appeal to the circuit court as provided by Chapter 536 of the Revised Statutes of Missouri.

113.4 Code revisions:  The commission shall, at the request of the city council, review the Building and other codes periodically for updating and recommending changes.

114.4 Violation penalties:  

    (1)    Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, construct, alter, demolish or repair a building or structure in violation of an approved plan or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a misdemeanor, punishable by fine of not more than five hundred ($500.00), or by imprisonment not exceeding one (1) year or both such fine and imprisonment.  Each day that a violation continues shall be deemed a separate offense.

    (2)    Any person who demolishes a structure without first obtaining a permit to demolish the structure shall be punished by a fine of one dollar ($1.00) per gross above-ground square footage of the structure in addition to the penalties described in section 114.4(1).

    (3)    Any person who demolishes an historic resource, as defined in section 3303.7 without first obtaining a permit to demolish the structure shall be punished by a fine of two dollars ($2.00) per gross above-ground square footage of the structure in addition to the penalties described in section 114.4(1).

115.3 Unlawful continuance:  Any person who shall continue any work in or about the structure after having been served with a stop-work order, except such work as that person is directed to perform to remove a violation or unsafe conditions, shall be liable to a fine of not less than one hundred dollars ($100.00) or more than one thousand dollars ($1,000.00).

903.2.1.2 Group A-2:  Item 2. The fire area has an occupant load of 200 or more; or

903.2.7 Group M: Delete item 4 in its entirety

915.1 Emergency responder radio coverage shall be provided in all new high rise buildings, and other buildings specifically required by the authority having jurisdiction based on known substantiated problems associated with radio coverage, in accordance with Section 510 of the International Fire Code.

1301.1.2:  Use group R-2, R-3 and R-4 shall comply with this section or the requirements of International Energy Conservation Code.  All buildings of Use Group R-2, R-3 and R-4 shall be insulated in accordance with the following:

Ceiling or roof -- R-38

Exterior wall -- R-15.5 for the assembly

Floor above unheated area or crawl space and ducts in ventilated attic or crawl space -- R-19

Walls separating one and two family dwellings from garage areas, walls facing ventilated attic spaces and finished exterior basement walls -- R-13

Ducts in unheated area not exposed to outside ventilation -- R-4

Joints in the building conditioned envelope that are sources of air leakage, such as around window and door frames, between wall cavities and window or door frames, between wall assemblies or their sill plates and foundations, between utility service penetrations through the building envelope, shall be properly sealed with compatible and durable caulking, gasketing, weather-stripping or other materials in an approved manner. All exterior walls shall have a vapor retarder, capable of reducing vapor transmission to less than 1 perm, installed on the inside or the warm surface side of the insulated wall or ceiling.  Only those ceilings that are attached directly to the underside of the roof rafters, such as flat roofs or cathedral ceilings, are required to install the vapor retarder. All windows shall have a maximum Thermal Transmittance (U) value of 0.55.

1604.1 General:  Add the following to this paragraph:  The following standard structural design criteria are established:

    1.    Roof Live Load, Minimum Unreduced = 20 psf.

    2.    Snow Load (Ground Snow Load) Pg = 20 psf.

    3.    Wind Loading (Basic wind speed (3 second gust) V = 90 mph.

    4.    Seismic Loading;

        a.    Site class D, default site class per 1613.5.2.

        b.    Mapped Spectral response accelerations.

            (1)    Ss = 0.213

            (2)    S1 = 0.093

1801.2 Design basis:  Add the following to this paragraph:  The following standard design criteria are established:

    1.    Foundation Frost Depth, Minimum = 30” (refer to 1809.5.1).

    2.    Presumptive net allowable foundation bearing pressure = 1500 psf (refer to 1803.1 and 1806.2).  Note that section 1803.5.11 and section 1803.5.12 requires a geotechnical investigation if the structure has a seismic design category C, D, E or F.

1808.6.2 Slab-on–ground foundations:  Add:  Exception:  Slab-on-ground systems that have performed adequately in soil conditions similar to those encountered at the building site are permitted subject to the approval of the building official.

1811 Retaining Walls

1811.1 In addition to other requirements as stated in this code; the following provisions shall apply to retaining walls.

1811.2.1  Retaining Wall – Plan review and construction inspection process.  Integral to the building foundation.

The building code defines a retaining wall as a wall not laterally supported at the top that resists lateral soil load and other imposed loads.  Retaining walls that are integral to the building foundation must be approved by Building and Site Development prior to the issuance of a building permit.

1811.2.2 Retaining Wall – Less than four (4) feet in height measured from the bottom of the footing to the top of the wall.

Detailed plans and calculations are not required.  However, site plans, at a minimum, should indicate top and bottom of wall elevations, existing and proposed contours, drainage features, buildings, and property lines, public easements, parking facilities, and streets.  Furthermore, the City retains the right to require additional design information regarding tiered retaining walls if there is concern that the upper wall may impose a surcharge condition on the lower wall.  These items will be required prior to the issuance of a building permit.

1811.2.3 Retaining Wall – Greater than four (4) feet in height.

Detailed plans and calculations are required to be submitted to Public Works Engineering. However, only the items mentioned above must be submitted prior to the issuance of a building permit.  The following additional items must be submitted prior to the beginning of wall construction:  

1.    A typical section showing wall and footing dimensions, backfill slopes, steel / geotextile reinforcement details, weep hole locations, and subsurface drainage systems.

2.    Engineering calculations for the design of the wall, noting all assumptions such as concrete and steel reinforcement strengths, soil parameters, surcharges, bearing pressures, safety factors for bearing capacity, overturning, sliding, external and internal stability, and deep - seated shear failure.

3.    Construction plans should specify the type of backfill to be used and any soil testing requirements if not granular.  A geotechnical investigation and report is recommended but not required.

1811.2.4:  Failure to submit the above information prior to the beginning of wall construction may result in the issuance of a stop work order by the Public Works Department until which time the retaining wall design is reviewed and approved.

1811.2.5:  First time submittals for plan review can take up to two (2) weeks for review. Additional submittals have a turn around time of one (1) week.  The contractor should plan submittals accordingly to avoid unnecessary delays in construction.

1811.2.6:  All plans, profiles, cross-sections, and calculations must be prepared and sealed by a registered professional engineer licensed in the State of Missouri.  The professional engineer is responsible for all aspects of the retaining wall design. The use of standard drawings from reputable manufacture is allowable and even encouraged, but the professional engineer who seals the drawings and computations is responsible for the retaining wall design.  In the absence of sufficient geotechnical information, the engineer shall be responsible for any design assumptions. Approval of the necessary plans and calculations will not transfer or share responsibility of the retaining wall design to the City of Columbia.

1811.3 Following construction the engineer must submit a “certificate of conformance” indicating that the backfill and foundation material used met the requirements of the original design.  This certificate must be signed and sealed by a registered professional engineer licensed in the State of Missouri and, at a minimum, indicate the wall was inspected at the following specific milestones:

1811.3.1    For Concrete Walls

1.    Footings prior to pouring with reinforcement in place

2.    Walls prior to pouring with reinforcement in place

3.    At the beginning of the backfill operation

4.    Following completion of the wall

1811.3.2    For Modular Walls

1.    Footings or bearing pad

2.    During backfill operation and for the first layer of soil reinforcement

3.    Following completion of the wall

1811.3.3 The City retains the right to request additional special inspections for items such as: vicinity to public streets or permanent residences, excessive wall heights, or potential for groundwater or surface runoff problems.

1811.4 Additional Information.  Retaining walls shall be designed to ensure stability against overturning, sliding, excessive foundation pressure, and water uplift.  Retaining walls shall be designed for a safety factory of 1.5 (Note: If the backfill or underlying soil is clay or clayey silt, the safety factor should be increased to 2.0) against lateral sliding and overturning and a bearing capacity of 3.0.

Retaining walls with grade differenced in excess of thirty (30) inches are required to have a fence or guardrail protecting the public from injury.  The fence or guardrail must be a minimum of thirty-six (36) inches in height in residential applications and forty-two (42) inches in commercial applications.  The vertical balusters and bottom rail must be situated so that a four (4) inch sphere cannot pass between any portions of the fence.  Horizontal balusters will not be permitted.

1811.5 The property owner (or the property owner’s representative) must ensure that the retaining wall is properly designed and constructed.  The property owner is responsible for maintenance and repairs of all retaining walls on the property.  Developers are not allowed to construct retaining walls of any size within the public right-of-way or in areas that will be dedicated for public right-of-way without prior review and approval by the Public Works Department.

1811.6 All retaining walls must be installed, inspected, and issued a certificate of conformance prior to a certificate of occupancy being issued or approved by the building official.  The building official retains the option to waive this requirement under special circumstance.

3109.4  Residential swimming pools:  Delete exception.

3109.4.1   Outdoor Private Swimming Pool:  An outdoor private swimming pool, including an in-ground, aboveground or on-ground pool, hot tub or spa shall be provided with a barrier which shall comply with the following:

    1.    The top of the barrier shall be at least seventy-two (72) inches (1836 mm) above finished ground level measured on the side of the barrier which faces away from the swimming pool.  The maximum vertical clearance between finished ground level and the barrier shall be two (2) inches (51 mm) measured on the side of the barrier which faces away from the swimming pool.  Where the top of the pool structure is above finished ground level, such as an aboveground pool, the barrier shall be at     finished ground level, such as the pool structure, or shall be mounted on top of the pool structure.  Where the barrier is mounted on the pool structure, the opening between the top surface of the pool structure, the opening between the top surface of the pool frame and the bottom to the barrier shall not allow passage of a four-inch (102 mm) diameter sphere.

    Exception:  For use groups R-3 and R-4 the top of the barrier shall be at least forty-    eight (48) inches (1219 mm) above finished ground level measured on the side of     the barrier which faces away from the swimming pool provided the swimming pool      is equipped with a safety cover which complies with ASTMF 1346.91 (2003).

3201.3 Other laws:  Add the following additional sentence to this paragraph:  All encroachments by balconies into the public rights-of-way shall conform to the requirements of this chapter and the requirements of section 24-2(c) and section 29-26(c) of the code of ordinances.

3202.2.1 Steps: Delete

3202.3.3 Encroachments 15 feet or more above grade: Delete

3202.5 The regulations for awnings set forth in this code shall be modified for awnings on buildings within the boundaries of the Columbia Special Business District as follows:

(1)      The following materials are prohibited:

Wood

                Vinyl coated, high sheen cotton

                Translucent vinyl

Opaque or semi-opaque awnings with back-lighted translucent graphics are permitted provided the graphics meet all sign requirements.

(2)    Any valance on an awning shall not exceed a height of twelve (12) inches.

    (3)    Upper floor awnings should fit the height, width and shape of each window. Such awnings shall not be placed noticeably higher than the top of the window opening and trim.  The bottom of the valance shall not extend lower than the midpoint of the window.  Dome-type and curved awnings are only allowed on windows that have arched or curved openings.  Upper floor awnings shall not span multiple windows unless the distance between glazed openings is less than eighteen (18) inches.

    (4)    Stanchions or columns that support awnings, marquees and signs are prohibited.

    (5)    The lower edge of awnings on the ground floor shall be a minimum of eight (8) feet above the sidewalk and a maximum of ten (10) feet above the sidewalk.

    (6)    Awnings shall not extend into or occupy more than two-thirds of the width of the sidewalk measured from the building and shall not extend more than seven (7) feet from the building.

    (7)    Awnings in the Central Business District that were lawful conforming awnings on February 19, 2007 but that do not conform with the provisions of section 6-17 shall be allowed to remain in place indefinitely as lawful nonconforming uses.

    (8)    Awnings shall be properly maintained.

3303.4 Vacant lot:  Where a structure has been demolished or removed, the vacant lot shall be filled, leveled and graded to provide proper drainage with no ponding of water.  Commercial lots: Paved auto driveways and parking areas may remain provided they are in acceptable condition. Building excavations may be filled with clean fill or crushed stone. Parking on these areas is not permitted.  Residential lots:  Existing excavations are to be filled and graded to a mowable condition with all building materials, trash and debris removed.  Adequate fill is to be placed for potential settling.  The complete structure shall be removed which includes all slabs and foundations eighteen (18) inches below the pre-demolition finished grade, leaving the lot in a natural buildable condition without  hazards, without ponding, and mowable.  All accessory buildings are to be removed at the time of demolition of the primary structure.  All lots without sufficient vegetative cover to prevent erosion from the site shall have erosion control measures installed at the final inspection.

3303.6 Utility connections:  Before a structure can be demolished or removed, the owner or agent shall notify all utilities having service connections within the structure such as water, electric, gas, sewer, and other connections.  A permit to demolish or remove shall not be issued until:

(1)    A release is obtained from the utilities, stating that their respective service connections and appurtenant equipment, such as meters and regulators, have been removed or sealed and plugged in a safe manner; and

(2)    A bond or other security deposited with the City in the amount of two thousand dollars ($2,000.00), guaranteeing that the building and debris are removed from the lot within ninety (90) days, the lot graded to comply with Section 3304 and required inspections are completed.

(3)    Sewer laterals connecting the building to the City sewer system are to be cut and capped in an approved manner at or near the property line.  The cap must be inspected prior to backfill of the excavation.

3303.7 Historic Preservation Commission review of demolition permits.  An application for any permit that authorizes the demolition of an historic resource shall include notice of the application addressed to the Historic Preservation Commission.  The notice shall be on a form provided by the building official.  The building official shall promptly forward the notice to the Historic Preservation Commission in care of the Planning and Development Department.  The building official shall not issue the permit authorizing the demolition until ten (10) working days after the notice has been sent to the Planning and Development Department or until the Historic Preservation Commission notifies the building official that the Commission has no objection to the immediate demolition of the structure.  The building official shall post notice of the proposed demolition in a conspicuous place facing each street abutting the property on which the structure to be demolished is located.  The sign face shall be at least five square feet.

The following definitions apply to this section:  

“Demolition” means removal of more than twenty-five percent (25%) of the exterior wall or walls facing a public street or removal of fifty percent (50%) of all exterior walls.

“Historic resource” means any structure that

    (1)    Is fifty (50) years old or older; or

    (2)    Is located in an historic resources survey area; or

    (3)    Is within an actual or proposed National Register of Historic Places district; or

    (4)    Has been recognized or nominated by the Historic Preservation Commission as a “most notable property.”

Exceptions: The following shall not be subject to the provisions of this subsection:

    (1)    A building or structure that has been determined to be a public nuisance and dangerous to the health, safety, or general welfare under the Property Maintenance Code of Columbia, Missouri.

    (2)    A building or structure that the City, before December 1, 2008, has authorized to be demolished.

    (3)    Interior demolition.

    (4)    An accessory building or structure that is not contemporary with an historic resource.

    (5)    A building or structure for which the State Historic Preservation Office, Department of Natural Resources, has completed a Section 106 review and returned a finding of no historic significance.

    (6)    A building or structure that is subject to the certificate of appropriateness provisions of Sec. 29-21.4 of the Code of Ordinances, Columbia MO.

3401.5 Alternative compliance.  Delete in its entirety.

3410.2 Permit to move:  A permit to move a building or structure shall not be issued until a bond or other security is posted with the city in the amount of five thousand dollars ($5,000.00), guaranteeing that the building or structure will be made to comply with Section 3410.1 within 180 days from date of issuance of permit.

3410.3 Permit required to use public streets or right-of-way:  No building or structure of any nature or description shall be moved over any street of the City of Columbia, Missouri, by any means whatsoever without first obtaining permission from the city manager.  Upon receipt of an application for a permit, the city manager shall refer the same to the director of public works, who shall cause an inspection to be made to determine whether or not  the building or structure is a public nuisance, as described in the Property Maintenance Code of Columbia, Missouri.  Upon completion of the inspection, the director shall provide written findings to the city manager.  At the same time the application for a permit is referred to the director of public works, the city manager shall direct the director of water and light to make an inspection of the route over which the building or structure is proposed to be moved, to determine whether or not any facilities of the water and light department could constitute an obstacle to such removal.  Upon completion of the inspection, the director of water and light shall provide written findings to the city manager. After giving consideration to the reports, and to any other matter involved in such removal which might concern the safety or welfare of the public, or public or private property, the city manager may grant or deny the application for permit.

3410.4   Not to stand on street longer than six hours:  No buildings or structures shall be allowed to stand in the streets of the city in one block for a longer period than six (6) hours, except for the period between sunset and sunrise, when such buildings or structures shall have flares set about them on every side.

3410.5   Not to injure or take up pavement:  No pavement shall be taken up or removed to assist in any way the moving of any building or structure, nor shall pegs, stakes, or poles be driven into paved streets for such purposes.

3410.6   Bond required:  Before any permit shall be issued by the city manager, the applicant shall furnish a good and sufficient bond with a corporate surety company as surety to be approved by the city manager, in a sum to be fixed by the city manager at not less than double the estimated damages, conditioned that the applicant will promptly and fully pay the owner for any public or private property injured or destroyed by applicant in the process of moving such building, and that applicant will reimburse the city for costs and expenses incurred by the city in removing water and light department facility obstacles from the route and restoring the same.

3412.2   Applicability:  Structures existing prior to January 1, 2002, in which there is work involving additions, alterations or changes of occupancy, shall be made to conform to the requirements of this section or the provisions of Sections 3402 through 3407.

The provisions in Sections 3412.2.1 through 3412.2.5 shall apply to existing occupancies that will continue to be, or are proposed to be, in Use Groups A, B, E, F, M, R, S and U.  These provisions shall not apply to buildings with occupancies in Use Group H or I.

3412.3.1 Hazards: Where the code official determines that a structure is a public nuisance, as provided for in the Property Maintenance Code of Columbia, Missouri, such nuisance shall be abated in accordance with the Property Maintenance Code of Columbia, Missouri.

(Ord. No. 14115 § 1, 7-5-94; Ord. No. 14248 § 1, 10-10-94; Ord. No. 14977, § 1, 9-16-96; Ord. No. 15399, § 1, 10-20-97; Ord. No. 15629, § 1, 6-1-98; Ord. No. 16594, § 1, 9-18-00; Ord. No. 17500, § 1, 11-4-02; Ord. No. 17658, § 1, 4-21-03; Ord. No. 18940, § 1, 3-6-06; Ord. No. 19351, § 1, 1-2-07; Ord. No. 19432, § 1, 3-5-07; Ord. No. 19486, § 1, 4-2-07; Ord. No. 19675, § 1, 9-17-07; Ord. No. 19698, § 1, 10-15-07; Ord. No. 20124, § 1, 12-1-08; Ord. No. 20284, § 1, 6-1-09; Ord. No. 20696, § 1, 8-2-10; Ord. No. 20906, § 1, 3-21-11)