Prior to the adoption of Ord. 19351 on 01/02/2007, Section 6-17 read as follows.

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".

101.2.1 Appendices: Provisions in the appendices shall not apply unless specifically adopted.

101.2.2 Appendices F, I, and J are hereby adopted

Section 103.0 Division of Protective Inspection

103.1 Director: The administration and enforcement of this ordinance 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 official or employee connected with the division of protective inspection, except one whose only connection is that of a member of the building construction codes commission established under the provisions of Section 112.0 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 officer or employee engage in any work which conflicts with his official duties or with the interest of the department.

104.5 Delete

104.6 Delete

104.7 Official 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 Relief from personal responsibility: 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 protective inspection division 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.

105.2: Delete

106.1 Construction documents: 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 sealed by a registered design professional as required by the State of Missouri statutes. Where special conditions exists, the code official is authorized to require additional documents, information or calculations that are to be prepared by a registered design professional with the State of Missouri

Buildings or structures exempt from these requirements are:

a. one-family dwellings

b. two-family dwellings

c. commercial or industrial buildings not more than 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

106.2 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.

106.2.1 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.

106.2.2 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 his own expense and upon the written approval of the owner of the improvements and utility easements.

107.4 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 his discretion, or as directed by a decision of the building construction codes commission.

108.1 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 protective inspection 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.

108.2 Fee schedule: 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 protective inspection division 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.

Elevator Inspection Fee: - $50.00

Reinspection: - $15.00

Exemption: Residential storage structure under 100 square feet shall be exempt from permit fees.

108.2.1 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.

108.2.2 Demolition: The fee for a permit for the demolition of a building or structure shall be: residential - $25.00, commercial - $50.00.

108.2.3 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 $0.10 for each square foot over fifty (50).

108.4 Fee for failure to obtain permit: 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 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 113 of this code.

If any person 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 passes 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.

108.5 Special 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 of inspections, certificates of use and occupancy or other privileges or requirements, both within and without the jurisdiction of the division of protective inspection.

108.6 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 isssued 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.

Section 112 BUILDING CONSTRUCTION CODES COMMISSION

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

112.1.1 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.

112.1.2 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

112.1.3 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.

112.1.4 Commission chairman: The board shall select one of its members to serve as chairman 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 protective inspection division.

112.1.5 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.

112.1.6 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 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 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.

112.2 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.

112.2.1 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.

112.2.2 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.

112.2.3 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.

112.2.4 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.

112.2.5 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.

112.2.6 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.

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

112.3 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.

112.4 Code revisions: The commission shall, at the request of the city council, review the Building, Electrical, Plumbing, Mechanical, Property Maintenance, Fire Prevention and One and Two Family Dwelling Codes periodically for updating and recommending changes.

113.4 Violation penalties: Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, construct, alter or repair a building or structure in violation of an approved plan or directive of the 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 dollars ($500.00), or by imprisonment not exceeding one year or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate offense.

114.3 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).

1103.1.2: 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 shall have a value of R-19 for the assembly; finished exterior basement walls shall have insulating batts, blankets, fills or similar types of materials with a value of R-13. 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, weatherstripping or other materials in an approved manner. All exterior walls shall have a vapor barrier, 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 barrier. All windows shall have a maximum Thermal Transmittance (U) value of 0.55.

Exception #1: Ducts in unheated areas and not exposed to outside ventilation, such as a garage, shall have an insulation value of R-4.

Exception #2. Ducts in heated areas

3109.4 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 frame and the bottom of 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 as specified in Section 421.10.1, item 9.3.

3109.4.1.10 All swimming pools, except use groups R-3 and R-4, shall have an anti-vortex drain cover installed.

3202.2.1 Steps: Delete

3202.3.3: 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.

3303.6 Service 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 is deposited with the city in the amount of $2,000 (two thousand dollars), guaranteeing that the building and debris are removed from the lot within 90 days and the lot graded to comply with Section 3304.

3407.2 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), guaranteeing that the building or structure will be made to comply with Section 3407.1 within 180 days from date of issuance of permit.

3407.3 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 "dangerous building", as defined in the Property Maintenance Code of Columbia, Missouri. Upon completion of his inspection, the Director shall report his findings in writing 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 his inspection, the director of water and light shall report his findings in writing 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, in his discretion, grant or deny the application for permit.

3407.4 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.

3407.5 Not to injure or take up pavement: No pavement nor any part thereof 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.

3407.6 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 him in the process of moving such building, and that he 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.

3409.2 Applicability: Structures existing prior to January 1, 2003, 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 3402.0 through 3406.0.

The provisions in Sections 3409.2.1 through 3409.2.5 shall apply to existing occupancies that will continue to be, or are proposed to be, in Use Groups A, B, E, F, M, R and S. These provisions shall not apply to buildings with occupancies in Use Group H or I.

3409.3.1 Hazards: Where the code official determines that a dangerous building or structure exists, as provided for in the Property Maintenance Code of Columbia, Missouri, such dangerous condition 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. 19432, § 1, 3-5-07)