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BULLET St. Louis City Revised Code Chapter 25.56 Housing Conservation Districts

St. Louis City Revised Code (annotated) has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

Official printed copies of St. Louis City Revised Code may be obtained from the Register's Office at the St. Louis City Hall.



Chapter 25.56
Housing Conservation Districts

Sections:

25.56.010 City Housing Conservation Program.
25.56.020 Definitions.
25.56.030 Code Official to enforce chapter.
25.56.040 Certificate of Inspection requirements.
25.56.050 Certificate of Inspection--Issuance.
25.56.060 Certificate of Inspection--Issuance--Exceptions.
25.56.070 Certificate of Inspection--Fees.
25.56.080 Reinspection of premises for which valid Certificate of Inspection exists.
25.56.090 Condemnation for occupancy.
25.56.100 Change of utility user--Notification.
25.56.110 Previously Established Housing Conservation Districts.
25.56.120 Administration--Appeals.
25.56.130 False statements prohibited--Occupancy load.
25.56.140 Penalties for violation.
25.56.150 Implementation.

Prior ordinance history:

Ords. 59829, 60455, 60520, 61365, 61540, 62887, 64677 and 65712.

25.56.010 City Housing Conservation Program.

All areas within the legal boundaries of the City of St. Louis, except for the areas excluded under Section Seventeen of the ordinance codified in this chapter, are hereby placed under the City Housing Conservation Program to be administrated and regulated by the provisions and requirements herein and implemented pursuant to Section Seventeen of the ordinance codified in this chapter.
(Ord. 67914 2, 2008.)

25.56.020 Definitions.

A. "Code Official" as used in this chapter means the Building Commissioner or a duly authorized representative.

B. "Condemnation for Occupancy" means an order issued by the Code Official, prohibiting any person from occupying the dwelling unit specified in such order until it has been revoked, and further preventing anyone from being present on such premises except for the purpose of cleaning up and/or making repairs to the premises.

C. "Dwelling unit" means single-family homes and any single unit in a multi-family dwelling which provides complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

D. "Owner" means any person, agent, operator, firm, corporation or any other legal entity having a legal or equitable interest in the property; or recorded in the official records of the City of St. Louis as holding title to the property; or otherwise having control of the property, including the collector of rent or the guardian of the estate of any such person, the executor, personal representative, administrator of the estate of such person, or bankruptcy trustee.
(Ord. 67914 3, 2008.)

25.56.030 Code Official to enforce chapter.

The Code Official shall implement the requirements of this chapter.
(Ord. 67914 4, 2008.)

25.56.040 Certificate of Inspection requirements.

A. It shall be unlawful for any person, firm, partnership, corporation, or any other legal entity to occupy or permit the occupancy for any purpose or collect the rent of any occupied dwelling unit when a complete change of occupancy has occurred without first securing a Certificate of Inspection for said dwelling unit.

B. It shall be unlawful for any person, partnership, firm, corporation or other legal entity to take possession as a result of conveyance as it is reflected in the Office of the Recorder of Deeds, of an occupied residential unit(s) without first securing a Certificate of Inspection for said unit(s).

C. Upon determining that a dwelling unit has undergone a complete change of occupancy or a sale of the property as reflected in the Recorder of Deeds Office without first obtaining a Certificate of Inspection, the Code Official shall serve notice on the owner of such dwelling unit, by either first class mail or personal service that a Certificate of Inspection must be obtained within thirty (30) calendar days of notification or unit will be condemned for occupancy and must be vacated.

D. It is the responsibility of the owner or grantee to secure a Certificate of Inspection. It shall be the responsibility of the owner or the owner's agent and/or the tenant to provide access to all applicable areas subject to inspections as provided in this chapter.

E. It shall be unlawful for the owner or owner's agent to require a prospective occupant to apply or pay for any fee contained herein for a Certificate of Inspection.

F. If there is a change in occupancy or ownership of a dwelling unit(s) within twelve (12) months of the date of issuance of a Certificate of Inspection for that unit(s), a new Certificate of Inspection shall not be required.
(Ord. 67914 5, 2008.)

25.56.050 Certificate of Inspection--Issuance.

A. If the unit is available for inspection by the City, the City shall inspect the unit within (7) working days from date of application for Certificate of Inspection unless owner approves a longer time. Failure of City to make inspection within said seven days does not waive requirements of Certificate of Inspection.

B. The Certificate of Inspection will be issued for the proposed or actual dwelling unit and premises that comply with the exterior provisions of the International Property Maintenance Code, the Zoning Ordinance of the City of St. Louis, and the requirements of Exhibit "A" of this chapter, which is attached to Ordinance 67914 and made a part hereof.

C. The Certificate of Inspection may be issued for the proposed or actual dwelling unit(s) and premise(s) that comply with the Zoning Code of the City of St. Louis and the requirements of Exhibit A and are in substantial but not complete compliance with the exterior provisions of the International Property Maintenance Code as determined by the Code Official, but said building must meet total compliance within thirty (30) calendar days after the date of issuance. When total compliance is not practical or feasible within the specified time period, extensions to the aforementioned compliance period may be granted at the discretion of the Code Official.

D. No Certificate of Inspection can be issued when the dwelling unit(s), building or the premise(s) is in such condition as to warrant condemnation or when there are found to be conditions existing that may imminently and adversely affect the health, safety and welfare of the actual or proposed occupants.

E. When long-term rehabilitation work is in progress with required building permits being issued, a portion of that building may be occupied if that portion meets the requirements of Exhibit "A" and the exterior portion of the building is in compliance with the International Property Maintenance Code. That portion of the building that meets the requirements will be inspected and a Certificate of Inspection with an occupancy load will be issued for that area only. Additional areas will be required to be inspected after rehabilitation work is completed and before those areas become occupied. A new application must be filed for these additional areas.
(Ord. 67914 6, 2008.)

EXHIBIT A

(Interior Only)

1. SANITATION

General unsanitary conditions shall not be allowed within Public Areas, Dwelling Unit or Basement. Trash, debris, rodent and insect infestation shall be eliminated.

2. WALLS & CEILINGS

Plaster or tile shall not be missing, loose or broken.

Required fire resistance assemblies shall be maintained.

Wall coverings shall not be loose, water damaged or in bad repair.

3. ENTRY DOORS

Lock on entry door(s) shall be in good working order. Door(s) shall latch properly for privacy. If entry door is a fire door, it shall have an operable self closer. Common area entrance/exit door(s) where a door frame exists shall not be equipped with double key or clasp type locking mechanism.

4. STRUCTURAL

Floors/joists shall not be missing, rotten, fire damaged, spalled, rusted or broken. Floor covering shall not be torn or broken. There shall be no unsafe structural conditions.

5. SAFETY

Sufficient exits shall be provided. Stair(s) shall not be missing, rotten, fire damaged, spalled, rusted or broken. Handrail(s) or guardrail(s) shall not be missing, rotten or broken. Operable entrance/exit doors shall be provided and maintained. Excessive storage of any material shall not be permitted. Operable smoke detectors shall be provided as required by Ordinance.

6. PLUMBING FIXTURES

No fixtures shall be missing, inoperable or defective. No pipe or fixture shall be leaking or improperly connected. Hot water heater shall be required. Hot water heater shall be operable, and properly vented. Hot water heater shall have a temperature/pressure relief valve.

7. ELECTRICAL EQUIPMENT

Cover plates shall not be missing or broken. Switches or outlets shall be operable, and of sufficient number.

Fuses/Circuit breakers shall be properly sized. Lighting fixtures shall not be defective. Excessive, defective or hazardous extension cords shall not be allowed. Loose, hanging, frayed, bare wires or open splices shall not be permitted. Defective or hazardous electrical services shall be prohibited.

8. MECHANICAL EQUIPMENT

Heating unit shall be operable. Furnace shall be properly vented. Space heaters shall be properly vented (when applicable).

9. SPACE REQUIREMENTS

Occupancy load shall be limited by the most stringent of:

a. Minimum habitable gross floor area of 150 square feet for first occupant, plus 100 square feet for each additional occupant; or

b. Sleeping room area of a minimum of 70 square feet for first occupant, 50 square feet for each additional occupant; and the master bedroom will be limited to a maximum of two (2) occupants.

The master bedroom will be construed as the largest bedroom within said unit. After an occupancy load has been established and unit is legally occupied, said unit will still be considered to be legally occupied if an infant under the age of thirty (30) months is found to be added to the legally occupied unit.

c. Minimum occupancy area requirements for living room and dining room as reflected in the applicable Sections of the 2003 International Property Maintenance Code of the City of St. Louis.

MINIMUM OCCUPANCY IN SQUARE FEET

SPACE

1-2 OCCUPANTS

3-5 OCCUPANTS

6 OR MORE

LIVING ROOM

NO REQUIREMENTS

120

150

DINING ROOM

NO REQUIREMENTS

80

100

d. Basement occupancies shall not be permitted unless they meet the following requirements:

1. Floors and walls are weather tight so as to prevent entry of moisture.

2. Minimum ceiling heights are in accordance with applicable sections of this ordinance.

3. Means of egress and emergency escape requirements as reflected in the applicable sections of the current building code of the City of St. Louis.

e. MINIMUM CEILING HEIGHT: Habitable spaces shall have a clear ceiling height over the minimum area required by this code at not less than 7 feet (2134 mm) except that in attics or top half stories the ceiling height shall be not less than 7 feet (2134 mm) over not less than one third of the minimum area required by this code when used for sleeping, study or similar activity. In calculating the floor area of such rooms, only those portions of the floor area of the room having a clear ceiling height of 5 feet (1524 mm) or more shall be included. Exception: Hallways, corridors, bathrooms, toilet rooms, and habitable basements used as recreation rooms shall have a ceiling height of not less than seven feet (2134 mm) to the lowest projection from the ceiling.

f. Every bedroom shall be equipped with an operable window which complies with the current building codes of the City of St. Louis.

g. Toilet rooms and bathrooms shall be arranged and designed to provide privacy.

h. Every room used as a bedroom shall have access to at least one water closet without passing through another room used as a bedroom.

i. The required dining room shall be located on the same level as the required kitchen.

j. Kitchens, nonhabitable spaces, and public spaces shall not be used for sleeping purposes.

25.56.060 Certificate of Inspection--Issuance--Exceptions.

A. The provisions of this chapter pertaining to the issuance of a Certificate of Inspection shall not apply to changes in building ownership nor to tenancy changes in individual dwelling units in lawfully licensed residential and/or nonresidential buildings, nor to lawful occupancies existing at the time of the effective date of the ordinance codified in this chapter.

B. The provisions of this chapter shall not apply to a change of ownership of any occupied residential and/or nonresidential building which the buyer either thirty (30) calendar days prior to purchase or within seven (7) calendar days after purchase delivers a notarized statement to the Code Official that the buyer will cause said building to be demolished within six (6) months after purchase. Failure to provide the notarized statement to the Code Official within this time period will require the owner to comply with the provisions of this chapter. The provisions of this chapter shall not apply to a change of ownership of one- or two-family dwellings as a result of inheritance or a transfer of title to a first degree relative.
(Ord. 67914 7, 2008.)

25.56.070 Certificate of Inspection--Fees.

A. Fees for a Certificate of Inspection prior to occupancy when the application for inspection is:

1. General inspection of exterior of building and all common areas and premises plus one dwelling unit is $70.00. Each additional dwelling unit included in the General Inspection, if inspection is performed within the same building and on a common date is $25.00 per each additional dwelling unit.

2. As noted above, general inspection of exterior of building and all common areas and premises plus one dwelling unit is $70.00. An owner may apply for Certificates of Inspection for several dwelling units located in different buildings. The fee for each additional dwelling, up to three (3) units regardless of location will be $25.00 per unit above and beyond the initial fee of $70.00 provided, however, that to qualify for this reduced fee, the owner must apply for all of the Certificates of Inspection at the same time, all of the dwelling units must be available for inspection on a common date and all of the buildings in which the dwelling units are located must have the same owner according to the records in the office of the Recorder of Deeds.

B. The fee for a Certificate of Inspection per unit which is unlawfully occupied shall be as follows:

1. $110.00 per unit.

C. Major rehabilitation of dwelling units pursuant to interior floor plans for each level, and site plans approved by the Building Division as well as newly constructed units having been certified as completed in accordance with the codes and ordinances of the City of St. Louis will be issued original Certificates of Inspection as described herein at no charge after construction completion and Building Code compliance certification.
(Ord. 67914 8, 2008.)

25.56.080 Reinspection of premises for which valid Certificate of Inspection exists.

A. After the issuance of the Certificate of Inspection for a dwelling unit, or multiple dwelling units in the same building, the Code Official may require reinspection, pursuant to the provisions of this section. The Code Official may require reinspection where he has reasonable cause to believe that the dwelling unit(s) to be reinspected, and/or the building in which the unit or units are located, no longer comply with the standards for issuance of a Certificate of Inspection. Reasonable cause to conduct a reinspection shall include, but not be limited to: (1) damage to the building in which the dwelling unit to be reinspected was impacted by wind, fire, earthquake, an Act of God, or by man-made causes that jeopardize the health and safety of the occupants; (2) a complaint made by a resident of the dwelling unit to be reinspected; or (3) a documented complaint of the existence of conditions not in compliance with standards for issuance of a Certificate of Inspection from someone other than the resident, including, but not limited to, police officers and inspectors employed by the Division of Building and Inspection or other City agencies. No reasonable cause shall be necessary to conduct a reinspection where an occupant of the dwelling unit to be reinspected voluntarily permits the reinspection to be conducted.

B. If unit(s) and/or common areas are not accessible for reinspection, a request for reinspection shall be made in writing to the owner, owner's agent, and/or tenant designating the date and time on which the reinspection shall be made, giving at least seven (7) days' notice of the date on which the reinspection is to occur.

C. If the Code Official determines, pursuant to subsection A of this section, that a dwelling unit(s) should be reinspected, the owner, owner's agent and/or tenant shall be responsible for providing access to the unit(s) and common areas for which a Certificate of Inspection has previously been issued. If entry for reinspection of a dwelling unit(s) is denied by the owner, owner's agent, and/or tenant, the Code Official may revoke the Certificate of Inspection for said dwelling unit(s), condemn the unit(s) for occupancy, and require vacation of the unit(s).

D. Should the Code Official determine upon reinspection that a dwelling unit no longer complies with the standards for issuance of a Certificate of Inspection, the Code Official shall give the owner notice of the deficiencies found by the inspection. This notice shall specify that such deficiencies must be corrected within thirty (30) calendar days of the date of notice. It shall further state that if the deficiencies are not corrected within thirty (30) calendar days of the date of the notice that the Code Official may revoke the Certificate of Inspection for such unit, condemn it for occupancy, and order the unit vacated. The Code Official shall have authority to grant extensions for completion of work necessary to eliminate deficiencies observed during a reinspection where it is not feasible or possible to complete such work within thirty (30) calendar days of the date on which the notice was issued. Notwithstanding the foregoing, if the Code Official determines that a dwelling unit, or the building in which such unit is located, is condemnable pursuant to the provisions of this chapter or any other ordinances, the Code Official shall have authority to condemn such unit or building pursuant to the provisions of this code, without regard to the time limits specified above.
(Ord. 67914 9, 2008.)

25.56.090 Condemnation for occupancy.

A. Condemnation for Failure to Obtain Certificate of Inspection Prior to Occupancy.

1. The Code Official may condemn for occupancy any building or portion thereof when a Certificate of Inspection has not been obtained thirty (30) calendar days after notification by the Code Official.

2. The building or portion thereof shall remain vacated until such time that the Code Official has issued a Certificate of Inspection.

3. The condemnation will be lifted after a Certificate of Inspection has been issued for the building or any portion thereof that was previously condemned.

B. Condemnation for Conditions.

1. When the Code Official shall find any building or portion thereof to be in an extreme unsanitary or unsafe condition or any condition that constitutes an immediate and serious fire hazard and thus endangers the lives of any persons whether owners or occupants the Code Official shall condemn for occupancy under the provisions of the City Condemnation Ordinances.

2. Such notice shall clearly state the conditions causing the unsafe conditions thereof and shall command the immediate vacation of the building or portions thereof.

3. The building shall be placarded and the building or portion thereof shall remain vacated until a Certificate of Inspection has been issued for the condemned portion(s) by the Code Official.

C. It shall be the duty of the Police Department to cause removal of any person from such building or portion thereof, so condemned, and to prevent any person from entering same.

D. Every dwelling unit or premises condemned for occupancy due to the condition of such dwelling unit or premises must be issued a valid Certificate of Inspection prior to reoccupancy.

E. Notwithstanding any provision of this chapter to the contrary, no Certificate of Inspection shall be reissued for a dwelling unit or premises which has been condemned for occupancy by the Building Commissioner unless such dwelling unit or premises are in substantial compliance with the exterior provisions of the International Property Maintenance Code and in full compliance with the interior provisions of the International Property Maintenance Code and Exhibit A.
(Ord. 67914 10, 2008.)

25.56.100 Change of utility user--Notification.

A. Upon change of user of residential electric or gas service, Ameren U.E. company and/or Laclede Gas Company shall notify the Code Official of the City of St. Louis in writing within seven (7) business days of said change, indicating the names of electric or gas user(s) per service and address and apartment number in whose name said service is connected and billed.

B. It shall be unlawful for the owner of a dwelling unit not to inform any prospective purchaser or grantee of the requirement to obtain Certificates of Inspection before occupancy as provided in this chapter.
(Ord. 67914 11, 2008.)

25.56.110 Previously Established Housing Conservation Districts.

All Housing Conservation Districts which have been established pursuant to the provisions of earlier ordinances and which are in existence on the effective date of the ordinance codified in this chapter shall remain in existence until the effective date of the ordinance codified in this chapter. On July 1, 2008, these previously existing Housing Conservation Districts shall thereafter be governed by and subject to the provisions of this ordinance, or chapter, with regard to all future inspections, issuances and revocations of Certificates of Inspection, condemnations for occupancy, fees, penalties and other procedures and requirements. All actions taken prior to the effective date of the ordinance codified in this chapter, pursuant to the provisions of previous ordinances pertaining to Housing Conservation Districts, including but not limited to, inspections, issuances or revocations of Certificates of Inspections, condemnations for occupancy, impositions and collections of fees and penalties, shall remain valid and in full force and effect unless and until they are specifically rescinded or superseded by actions taken pursuant to this chapter.
(Ord. 67914 12, 2008.)

25.56.120 Administration--Appeals.

A. The Code Official may adopt and promulgate such rules, policies and procedures as are necessary for the administration of this chapter. This chapter runs solely to the benefit of the City of St. Louis and not to any owner, lessee, tenant or occupant. The City makes no warranties as a result of these inspections and certificates, and the City and its employees and officials are not liable for errors or omissions in performing the duties enumerated in this chapter.

B. Any person aggrieved by the decision of the Code Official relative to this chapter may file an appeal with the Board of Building Appeals in the same manner and time period as provided in the Building Code of the City of St. Louis.
(Ord. 67914 13, 2008.)

25.56.130 False statements prohibited--Occupancy load.

It shall be unlawful for any applicant for a Certificate of Inspection to make a false statement in the application. It shall be the responsibility of the owner to inform the prospective occupants of the maximum occupancy load and post a copy of the Certificate of Inspection within the unit. Notwithstanding the provisions of any other ordinance it shall be unlawful to occupy or to allow occupancy of a dwelling unit beyond that number legally allowed in accordance with this chapter. It shall be the responsibility of the owner or grantor of any property to inform any prospective lessee or prospective grantee of a building that said building is subject to the requirements of this chapter, of the posted occupancy load of all the units within that building and of any outstanding violations of this chapter.
(Ord. 67914 14, 2008.)

25.56.140 Penalties for violation.

Any person, firm or corporation, who shall violate any provision of this chapter shall upon conviction thereof, be subject to a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500.00) or imprisonment for a term not to exceed ninety (90) days, or both. Every day that a violation exists shall be deemed a separate offense.
(Ord. 67914 15, 2008.)

25.56.150 Implementation.

The provisions of this chapter shall take effect on July 1, 2008, for all areas within a previously established Housing Conservation District. The Code Official shall set forth an implementation schedule for the areas of the City not currently within a Housing Conservation District. The implementation schedule and any amendments made to such schedule shall be kept on file with the Code Official in the Building Department. Furthermore, notice of the implementation of the City Housing Conservation Program shall be provided to the impacted areas by publication in the City Journal and the City website four weeks prior to the implementation date for that area. The notice shall set forth the legal boundaries of the area to be included in the program as well as the implementation date. All areas of the City shall be included in the City Housing Conservation Program no later than July 1, 2009, except for the areas described below. The areas described below shall only be included in the City Housing Conservation Program through amending the ordinance codified in this chapter.

A. Areas excluded from City Housing Conservation Program:

Tract I: An area of Ward 4 comprised of two City Blocks describing by beginning at the intersection of N. Euclid Ave. and Leduc St. and proceeding along the centerlines in a generally clockwise direction east along Leduc St to Marcus Ave., south to Cote Brilliante Ave., west to N. Euclid Ave., to the point of the beginning, being comprised of an area also known as City Blocks 3780, and 4488.

Tract II: An area comprising most of Ward 5 described by beginning at the intersection of the Mississippi River and the centerline of the eastward prolongation of Mullanphy Street and proceeding in a generally clockwise direction along the centerlines west to N. 7th St., south to Interstate 70, south to Cole St., west to N. Tucker Blvd., south to Dr. Martin Luther King Drive, west to Glasgow Ave., north to Gamble St., east to Leffingwell Ave., north to Madison St., west to Glasgow Ave., north to N. Market St., west to Grand Blvd., south to Dr. Martin Luther King Drive, west to N. Vandeventer Ave., north to Maffitt Ave., east to Prairie Ave., north to St. Louis Ave., east to Glasgow Ave., northeast to Greer Ave., east to Elliott Ave., north to Hebert St., east to Parnell St., north to Natural Bridge Ave., east to Palm St., east to Destrehan St., northeast to Branch St., southeast to the Mississippi River and south along the Mississippi River to the point of beginning.

Tract III: An area of Ward 6 beginning at the intersection of the centerlines of Compton Ave. and Chouteau Ave. and proceeding along the centerlines in a generally clockwise direction north along Compton Ave., to Olive St., east to Leffingwell Ave., north to Delmar Blvd., west to T.E. Huntley Ave., north to Franklin Ave., east to Leffingwell Ave., north to Dr. Martin Luther King Drive, east to Jefferson Avenue, south to Highway 40/I-64, east to 18th St, south to Randolph St., east to 14th St., south to Park Ave., west to S. 18th St., south to Lafayette Ave., west to Waverly Pl., south to Interstate 44, west to Jefferson Ave., north to Chouteau Ave., then west along Chouteau Ave. to the point of beginning.

Tract IV: An area of Ward 18 beginning at the intersection of the centerlines of Vandeventer Ave. and Lindell Blvd., and proceeding along the centerlines in a generally clockwise direction west to Newstead Ave., north to McPherson Ave., east to N. Boyle Ave., north to Olive St., northwest to Washington Pl., west to Kingshighway Blvd., north to Delmar Blvd., west to Union Blvd., north to Cates Ave., east to Clarendon Ave., north to Raymond Ave., east to Academy Ave., north to Page Blvd., west to Academy Ave., north to Dr. Martin Luther King Drive, west to Academy Ave., north to Cote Brilliante Ave., east to N. Euclid Ave., south to Cote Brilliante Ave., east to Marcus Ave., south to Evans Ave., east to Newstead Ave., south to Finney Ave., east to Vandeventer Ave., south to the point of beginning.

Tract V: An area of Ward 19 beginning at the intersection of the centerlines of Laclede Ave. and Vandeventer Ave., and proceeding along the centerlines in a generally clockwise direction north to Finney Ave., west to N. Newstead Ave., north to Evans Ave., east to N. Vandeventer Ave., north to Dr. Martin Luther King Drive, east to Grand Blvd., north to N. Market St., east to Glasgow Ave., south to Madison St., east to Leffingwell Ave., south to Gamble St., west to Glasgow Ave., south to Dr. Martin Luther King Drive, southeast to Leffingwell Ave., south to Franklin St., west to T.E. Huntley Ave., south to Delmar Blvd., east to Leffingwell Ave., south to Olive St., west to Compton Ave., south to Highway 40/I-64 west to Grand Ave, north on Grand Ave to Laclede Ave, then west on Laclede Ave. to the point of beginning.
(Ord. No. 67993, 2, 6-24-2008.)

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