St. Louis City Ordinance 64771

St. Louis City Ordinance 64771

St. Louis City Ordinances have 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. There may be maps or illustrations (graphics) that are not available in this format. These are unofficial versions and should be used as unofficial copies.
Official printed copies of St. Louis City Ordinances may be obtained from the Register's Office at the St. Louis City Hall.

FLOOR SUBSTITUTE BOARD BILL NO. [99] 197

Table 112.3.1
BUILDING PERMIT FEES FOR STRUCTURES; BLASTING AND INSPECTIONS FEES

Item	Fee	Minimum Fee	Section	Remarks & Requirements
APPLICATION FEE; or Building Line Survey For permits with estimated cost up to $1,000 AND one and two family dwellings with an estimated cost of up to $2,500. Certificate of Flood Plain Status PERMIT FOR NEW CONSTRUCTION AND ADDITIONS	$ 24.00 $ 9.00 $ 9.00 $2.50/$1000 of estimated cost or fraction thereof	$ 8.00	112.2.1 3107.2.2 112.2.2	An administrative charge made for processing applications. An minimum $8.00 fee will be charged for all new construction and additions to one and two family dwellings with an estimated cost up to $2,500
MISCELLANEOUS STRUCTURES PERMIT - Structures such as towers, retaining walls, floating structures, parking lots, outdoor pay telephone, fences, etc.	$2.50/$1000 of estimated cost or fraction thereof	$ 8.00	112.2.3	For all structures, devices, appurtenances and equipment requiring permits & not otherwise provided for by this code.
PERMIT FOR ALTERATIONS & REPAIRS TO AN EXISTING BUILDING	$2.50/$1000 of estimated cost or fraction thereof	$ 8.00	112.2.4	An minimum $8.00 fee will be charged for all alteration and repair work to one and two family dwellings with an estimated cost up to $2,500
TANK PERMIT For any purpose	$2.50/$1000 of estimated cost or fraction thereof	$ 8.00	112.2.5	Additional permits are also required under the Fire Prevention Code.
TENT PERMIT For any purpose other than a carnival, circus or traveling exhibition PICNIC/CARNIVAL PERMIT Each Tent Each Amusement Booth	$ 6.00 $ 24.00$ 6.00	24.00	112.2.6 112.2.6	See Note a. See Note b.
CIRCUS OR TRAVELING EXHIBITION PERMIT For each tent with seats accessible to the public-per 1000 seats or fraction thereof	$ 12.00	$ 12.00	112.2.6	Circus or traveling exhibition shall be permitted to remain in one location not longer than 14 days.
For each tent without seats accessible to the public	$ 12.00
For each tent not accessible to the public.	$ 6.00
For each amusement booth	$ 6.00
For each structure other than a tent or amusement booth	$ 6.00			Temporary grandstands and stadiums shall remain in place not longer than 90 days.
MOVING OF BUILDING PERMIT Within City Limits	$.60/$100 of estimated cost or fraction thereof	$ 12.00	112.2.7	Estimated cost of moving building to new location plus cost of restoring previous site to a safe condition.
To outside City Limits	$.60/$100 of estimated cost or fraction thereof	$ 12.00		Estimated cost of moving building to city limits plus cost of restoring previous site to a safe condition.
From outside City Limits to within City Limits	$.60/$100 of estimated cost or fraction thereof	$ 12.00		Estimated cost of moving building from City Limits to a new site.
Foundation for building	$2.50/$1000 of estimated cost or fraction thereof	$ 8.00	112.2.7.1
EXPLOSIVES PERMIT Blasting permit for trenching	$ 4/250 lineal feet or fraction thereof	$ 60.00	112.2.8	For construction, excavation or other building operation.
Blasting for Demolition	$ 100.00	$100.00	112.2.8	Includes pre and post blast survey, per building/per blast.
DEMOLITION PERMITS- Structure volume Less than 10,000 cu. ft.	$ 5.00	$ 5.00	110.1.5	Based on volume of structure exclusive of basement or cellars.
10,000 cu. ft. and over	$12.00/10,000 cu.ft. or fraction thereof	$ 24.00		Demolition permits shall be issued for a period not to exceed thirty days.
DEMOLITION INSPECTION FEE Less than 10,000 cu. ft.	$ 12.00	$ 12.00	110.1.5	Per Site
10,000 cu. ft. or over	$ 24.00	$ 24.00	Per Site
Blasting for Demolition	$ 50.00	$ 50.00	112.2.8	Per Site
Applicant request	$ 24.00		104.7	Related to other occupancy and use permits requested by the applicant.
Emergency and Specialty Inspection	$ 24.00	Charge for inspection requested to be made beyond normal working hours - not to exceed $24.00 per requested inspection.
ADDENDUM PERMIT Amendment which involves additional dollars in project cost.	$2.50/$1000 of estimated increased cost or fraction thereof	$ 19.00	112.2.9
Amendment which involves decrease or no increase in project cost.	$ 19.00	$ 19.00
SPECIAL DEMOLITION FUND	$2.00/$1,000 of estimated cost or fraction thereof	112.2.10		Special fund approved by the voters.
LEAD REMEDIATION FUND	$2.00/$1,000 of estimated cost or fraction thereof		112.2.11	Special fund approved by Ordinance 64699.
VACANT BUILDING REGISTRATION FEE	$200.00 Semi-annually		112.2.12	Special fee established by Ordinance 64678.
DUPLICATE COPY OF BUILDING PERMIT, OCCUPANCY PERMIT OR CERTIFICATE OF INSPECTION	$ 5.00 per copy		112.2.13
COST FOR APPROVING ADDITIONAL SETS OF CONSTRUCTION DOCUMENTS	$1.00 per page		108.5
APPLICANT REQUEST FOR OCCUPANCY PERMIT Residential & 3,500 sq. ft. or less commercial Commercial over 3,500 sq. ft.	$40.00-Building 20.00-Electrical 20.00-Plumbing $80.00 total/ 1st unit$20.00/each additional unit in same structure $80.00-Building 40.00-Electrical 40.00-Plumbing	118.61 18.6.1	Special Inspection fees for occupancy permits. This fee is also applicable to partial or temporary occupancy permits.When units are inspected on the same site inspection.
WORKMEN’S HOIST INSPECTION - per unit	$ 5.00	$ 20.00	3004.5.6	$ 5.00/floor of rise, entire unit, or as unit is extended in height.

Note a. Tents smaller than 1,000 sq. ft. or for private family events on the same lot with the residence are exempt from permit. Tents shall be erected for 30 days maximum. Tent must be supported to withstand wind of 20 lbs. per sq.ft. minimum . Tent must stay ten feet from tent walls to buildings and to interior lot lines. Tents for 49 persons or less must have one exit. Tents for 50 to 499 persons must have two exits. Tents for 500 to 999 persons must have three exits. Emergency lighting shall be permitted to be required.

Note b. Picnic/carnival operated 2½ days or less by a not-for-profit organization, and operated on private ground owned by and adjacent to said organization’s facilities, requires no permit (except Electrical permits shall be required). If not on ground owned by or adjacent to said organization’s facilities, picnic or carnival shall require an Occupancy Permit with inspections by Building and Electrical Sections. See Occupancy Permit Fees above. Further, Zoning approval must be secured before issuance of said Occupancy Permit. Picnics/carnivals operated for any length of time by a for-profit organization on private property must secure an Occupancy Permit and approval from the Zoning Section. BPS permits are required for all picnics/carnivals on City-owned property or any public right-of-way in addition to the above requirements.

112.3.2 Sign fee schedule: Table 112.3.2 contains the basic building fees for signs governed by this code.

Table 112.3.2a SIGN PERMIT FEES

Item	Fee	Minimum fee	Section
GROUND SIGNS LESS THAN 50 FEET IN HEIGHT Up to 100 sq. ft	$ 12.00	$ 12.00	3102.7
Each additional 10 sq.ft. or fraction thereof	$ 2.50
GROUND SIGNS OVER 50 FEET IN HEIGHT Up to 100 sq.ft.	$ 30.00	$ 30.00	3102.7
Each additional 10 sq.ft. over 100 or fraction thereof.	$ 2.50
ROOF Up to 100 square feet	$ 30.00	$ 30.00	3102.8
Each additional 10 square feet or fraction thereof.	$ 2.50
WALL SIGNS Up to 60 sq. ft.	$ 10.00	$ 10.00	3102.9
Over 60 sq. ft. to 100 sq. ft.	$ 15.00
Each additional 10 sq. ft. over 100 or fraction thereof.	$ 2.50
PROJECTING Up to 60 sq. ft.	$ 12.00	$ 12.00	3102.10
Over 60 sq. ft. to 100 sq. ft.	$ 18.00
Over 100 sq. ft.	$ 2.50 each additional 10 sq.ft or fraction thereof
SPECIAL OR TEMPORARY DISPLAY SIGNS REQUIRING PERMITS Fees for a special sign shall be the same as the one above which it most closely resembles.	$ 30.00	3102.12

Note a. When a question arises as to what type of sign is being constructed or placed, it shall be designated as that type of sign it most closely resembles as determined by the code official. (See also Section 2900.0 and the Saint Louis Zoning Ordinance.)

112.4 Work started surcharge fees schedule: In case any work for which a permit is required by this code is substantially started or proceeded with prior to obtaining said permit, the total normal fees applicable shall be increased by the amount as listed in Table 112.4. The payment of said surcharge fee shall not relieve any persons from fully complying with the requirements of this code for performance or execution of the work, nor from other penalties prescribed by law.

Table 112.4
SCHEDULE FOR SURCHARGE FEES

Permit fee	Surcharge fee
$ 0 TO $ 50	$ 30.00
$ 51 TO $ 200	$ 90.00
$ 201 TO $ 500	$ 240.00
$ 501 TO $ 2,000	$ 360.00
$ 2,001 TO $ 10,000	$ 480.00
OVER $ 10,000	$ 600.00

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

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

SECTION 113.0 INSPECTION

113.1 Preliminary inspection: Before issuing a permit, the code official shall, if deemed necessary, examine or cause to be examined all buildings, structures and sites for which an application has been filed for a permit to construct, enlarge, alter, repair, remove, demolish or change the use thereof.

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

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

113.2 Routine inspections of work under permit: The code official shall conduct inspections from time to time during and upon completion of work for which the official has issued a permit.

113.2.1 Inspection sequence and approval: No work shall be done on any part of the building or structure beyond the point indicated in each successive inspection without first obtaining the approval of the code official or authorized representative. Approval shall be given only after an inspection has been requested and made of each successive step in the construction phase and all code requirements or corrections are completed, as indicated by each of the inspections required. There shall be a final inspection and approval of all buildings completed before occupancy, as described in Section 118.0 of this code. Failure to obtain a final inspection before occupancy will constitute a violation of the building code, subject to the penalties as set forth in Section Four. Reinforcing steel or structural framework of any part of a building or structure shall not be covered or concealed in any manner without first obtaining the approval of the code official. The code official, upon notification from a permit holder or agent, in accordance with the rules of procedure listed on the permit and posted in the office of the code official, shall make the following inspections, and shall either approve that section or portion of the construction as completed, or shall notify the permit holder or agent that they have failed to comply with the law.

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

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

3. Foundation inspection: A foundation inspection shall be made after the forms and reinforcing steel are set in place and before the concrete is poured. The owner is solely responsible for the correct location of the foundation on the site.

4. Framing or rough in inspection: A framing or rough in inspection shall be made after all framing, masonry walls, or fireplace vents and chimneys are completed, including the roof structure, fire stopping, draft stopping, wall bracing, sheathing, heating and cooling duct, or other appurtenances and accessories which shall be permitted to be concealed. No mechanical, electrical or plumbing systems which are to be concealed shall be covered before this inspection has been made and approved by the code official.

5. Lath and drywall inspection: The following wall and ceiling finish inspections shall be performed as specified:

A. A lath inspection shall be made after all lathing, interior and exterior, is in place and before any plaster is applied.

B. A drywall inspection shall be made after drywall sheets are in place and properly attached prior to taping and floating.

6. Final inspection: A final inspection shall be made at the completion of all work covered by permit, prior to use or occupancy.

7. Supplemental inspections: In addition to the required inspections herein specified, the code official shall make other supplemental inspections which in the code official's judgment are reasonably necessary due to unusual construction or circumstances. The code official shall have the authority to inspect any construction work to verify compliance with the building code and to properly enforce the rules promulgated by this code.

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

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

113.3 Other inspections: The code official shall make or cause to be made such inspections of existing buildings, structures, devices and uses as the code official deems practical and necessary with regards to the applicable provisions of this code. The owner shall provide for special inspections in accordance with Section 1705.0.

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

113.3.2 Plant inspection: Where required by the provisions of this code or by the approved rules, materials or assemblies shall be inspected at the point of manufacture or fabrication in accordance with Section 1703.3.3.

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

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

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

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

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

113.4 Final inspection: Upon completion of the building or structure, and before issuance of the occupancy permit as required in Section 118.0, a final inspection shall be made. All violations of the approved construction documents and permit shall be noted and the holder of the permit shall be notified of the discrepancies. The code official shall be permitted to issue a temporary or partial occupancy permit for a specific period of time. Failure to comply with the conditions shall cause revocation of the permit.

113.5 Periodic inspections: The code official shall, if deemed necessary, make or cause to be made such periodic inspections of buildings, structures, devices, appurtenances, and uses as are required by and in the intervals prescribed by Table 113.5. In order to provide a uniform workload throughout the year, the code official shall be permitted to alter the intervals between periodic inspections as required to meet staffing levels.

Exterior cantilevered balconies, stairways and fire escapes shall be inspected annually by the City of Saint Louis Building Division - Inspection Section and the Fire Safety Unit. If deficiencies are found, the owner shall be required to submit a report prepared by and bearing the seal, signature and date of a Missouri Registered Professional Engineer to the code official describing the condition and safety of the exterior cantilevered balconies, stairways, and fire escapes. This shall apply to all exterior cantilevered balconies, stairways, and fire escapes on all buildings regardless of stories or height.

TABLE 113.5 PERIODIC INSPECTION OF STRUCTURES, DEVICES AND USES

Item	Periodbetween inspections
Cornices, Entablatures, Belt Courses, Trim and Similar Decorative Features; Maintenance repair and safe condition thereof (for such items projecting from the face of buildings). See Note a.	3 years
Other annual permits, Certificates and clearances through Board of Public Service action such as Day Care Centers, Nursing Homes, Homes for the Ages, Hospitals. See Note b.	1 year
Exterior Cantilevered Balconies, Stairways and Fire Escapes	1 year
Passenger Elevators & Man Lifts	1 year
Freight Elevators	1 year
Residential (2 Passenger) Elevators	1 year
Miscellaneous, Hoisting & Elevating Equipment	1 year
Moving Stairways & Moving Sidewalks	1 year
Permanent Amusement Devices	1 year
Dumbwaiters	1 year
Material Lifts	1 year
Auto Lifts	1 year

Note a. Applies to all buildings over 5 stories or 60 feet in height. Owners to submit report bearing the Seal of a Registered Professional Engineer or Architect to the code official every three years describing the condition and safety of cornices, entablatures, belt courses, etc. The code official shall waive inspection if feature does not encroach over City of Saint Louis sidewalk, street or alley. Note b. Applies to all other inspections of buildings or uses not otherwise provided for in this code or any City ordinance, which are made annually per the Board of Public Service Permit, and which are assigned by BPS to the Building Division for permit verification, certification, re-certification or clearances.

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

113.6 Right of entry: The code official shall have the authority to enter at any reasonable hour any building, structure or premises in the City of Saint Louis for which a permit has been issued but has not received a certificate of occupancy in accordance with Section 118.0 to enforce the provisions of this code or any other code or ordinance of the City of Saint Louis. No person shall accompany a code official onto a premises in the performance of their duty unless otherwise invited onto said premises by the owner or the owner's representative.

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

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

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

113.8.1 Placards: Each authorized individual shall display one placard, approved by the code official, in either the front or rear window of private or city vehicles, to indicate that the individual is on official city business and is exempt from parking fees, citations, and parking tickets, in accordance with Section 113.8, during normal working hours. The Building Commissioner shall not issue such placards to any person not on the Division of Building and Inspection payroll. The Building Commissioner shall have the authority to request cancellation of parking tickets issued contrary to this ordinance.

SECTION 114.0 PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES

114.1 Responsibilities: The provisions of this section shall define the construction controls required for buildings involving professional architectural or engineering services, and delineate the responsibilities of such professional services during construction.

114.1.1 Design: All design for new construction, alteration, repair, expansion, addition or modification work involving the practice of professional architecture or engineering, as defined by the statutory requirements of the professional registration laws of the State of Missouri, shall be prepared by registered design professionals, certified by the Missouri Board for Architects, Professional Engineers and Land Surveyors. All construction documents required for a building permit application for such work shall be prepared by or under the direct supervision of a registered design professional and bear their seal, signature and date in accordance with the State's statutes and regulations governing the professional registration and certification of architects, professional engineers and land surveyors.

114.1.2 Review: The registered design professional, whose seal is on the approved construction documents, shall be responsible for review of shop drawings and samples, as required by the approved construction documents, and approval for conformance to the design concept and this code. This review process shall be permitted to be contracted by the owner to another registered design professional licensed by the State of Missouri, should the original design professional not desire to provide such services.

114.1.3 Application of seal, signature and date: All construction documents submitted with an application for a building permit shall be prepared by a registered design professional as required by Chapter 327 of the Revised Statutes of the State of Missouri. All construction documents shall bear an original embossed or wet ink seal, original ink signature and the date the documents were sealed by the registered design professional for each discipline on the first sheet of each discipline within each set of construction documents, or on the cover sheet of each set of construction documents. In addition, all other sheets of the construction documents, other than project specifications or calculations, shall bear the original embossed, wet ink or mechanically reproduced seal, signature and date of the registered design professional. Any addenda or modifications submitted for changes to the construction documents shall also bear the original embossed or wet ink seal, original ink signature and date the documents were sealed.

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

114.1.4 Reproduction of sealed documents: Construction documents sealed by a registered design professional, shall not be reproduced for anyone, other than the owner, without the expressed written permission of registered design professional who sealed said documents, or as ordered by a court of law.

114.2 Special professional services: When applications are filed for unusual designs or magnitude of construction which require construction document review or inspection services beyond the capacity of the code official's staff, or where code reference standards in Chapter 35 require special architect or engineer inspections, the code official shall be permitted to require the owner to retain a properly qualified registered design professional to perform the services necessary for code compliance in addition to that provided in Section 114.1.2. This project representative shall keep daily records and submit reports as required by the code official. Upon completion of the work, the registered design professional shall file a final report indicating whether or not all required inspections were performed and listing pertinent deviations from the building code requirements or from the approved construction documents and the source of authority for such deviations.

114.2.1 Building permit requirement: The necessity for special professional services shall be determined prior to issuance of the building permit, unless waived to a later date by the code official. Refusal by the applicant to provide such services as required by the code official shall result in the denial of the permit.

114.2.2 Fees and costs: All fees and costs related to the performance of special inspection services shall be borne by the owner.

114.2.3 Visits to site: When so directed by the code official, or when required by the special inspection provisions of this code, the registered design professional shall make visits to the site at intervals appropriate to the stage of the construction to observe the progress and the quality of the work; to observe construction components requiring controlled materials or construction, as specified in Chapter 35, Referenced Standards; and to determine if the work is proceeding in accordance with the construction documents approved for the building permit. The registered design professional shall periodically submit reports to the code official showing the results of such periodic visits.

SECTION 115.0 WORKMANSHIP

115.1 General: All work shall be conducted, installed and completed in a neat, workmanlike and acceptable manner so as to secure the results intended by this code.

SECTION 116.0 VIOLATIONS

116.1 Unlawful acts: It shall be unlawful for any person, firm or corporation to grade for, excavate for, erect, construct, alter, extend, repair, remove, demolish, use or occupy any building, structure or premises, or equipment regulated by this code, or cause same to be done, in conflict with, or in violation of the provisions of this code or any decision or order of the Board of Building Appeals.

116.2 Notice of violation: The code official shall serve a notice of violation or order on the owner, as shown in the records of the City of Saint Louis Assessor's Office, or person responsible for the grading, excavating, erection, construction, alteration, extension, repair, removal, demolition, use or occupancy of a building, structure or premises in violation of the provisions of this code, or in violation of a detail statement or construction documents approved thereunder, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. Such notice shall be permitted to be served by the United States mail. Posting of the premises shall also constitute notice. It shall be a violation of this code for any person to remove any such notice, lawfully posted pursuant to this code, unless otherwise ordered by the code official.

116.2.1 Investigation of records: Upon the receipt of a written request from the owner of the property, or the real estate agent for the property, or the attorney, architect or engineer representing the owner of the property, the permit section supervisor shall ask the various building division sections for copies of any existing violation letters concerning the property. If the request is not on the owner's letterhead, a notarized authorization from the owner must be submitted. The response letter written by the permit section supervisor shall list any known violations and must contain the following statement: "This letter does not certify that there are no actual existing violations of the ordinances for which the Division of Building and Inspection is responsible. To determine if there are any violations of any ordinances, an application for an occupancy permit must be filed in accordance with Section 118.5 of this code and the subsequent inspections completed. This letter does certify there are no existing letters of violation on record other than those attached herein. There will be a twenty-four dollar fee charged for this service. Five working days will be allowed to respond to this request.”

116.3 Prosecution of violation: If the notice of violation is not complied with promptly, the code official shall request the legal counsel of the City of Saint Louis to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation or to require the removal or termination of the unlawful use of the building, structure or premises in violation of the provisions of this code or of the order or direction made pursuant thereto.

116.4 Abatement of violation: The imposition of penalties as set forth in Section Four shall not preclude

the legal officer of the City of Saint Louis from instituting appropriate action to prevent unlawful construction or to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct business or use of a building or structure on or about any premises.

SECTION 117.0 STOP WORK ORDER

117.1 Notice to owner: Upon notice from the code official that work on any building, structure or premises is being prosecuted contrary to the provisions of this code or in an unsafe and dangerous manner, or without permit, such work shall be immediately stopped. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner's agent, or to the person doing the work; and shall state the reason(s) for which the work was stopped.

117.2 Unlawful continuance: Any person who shall continue any work in or about the building, structure or premises after having been served with a stop work order, except such work as they are directed to perform to remove a violation or unsafe condition, shall, upon conviction thereof, be subject to the penalties as set forth in Section Four. Each day that a violation continues shall constitute a separate and distinct offense.

SECTION 118.0 OCCUPANCY PERMIT

118.1 Occupancy permit requirements: No person shall occupy any building, structure or premises until an occupancy permit has been applied for and issued by the code official. Failure to have an occupancy permit approved and issued by the code official is a violation, and both the occupant and owner shall be subject to a penalty, as set forth in Section Four. Each day that a violation continues shall constitute a separate offense.

Exception: Use Group R-3 and single dwelling units of Use Group R-2 of four units or less and their accessory structures unless dictated by other ordinances or requirements.

118.1.1 New buildings: No building or structure hereafter erected shall be used or occupied in whole or in part until an occupancy permit has been issued by the code official. The code official shall issue an occupancy permit when all the work has been completed in accordance with the approved construction documents.

118.1.2 Buildings hereafter altered: No building, structure or premises hereafter enlarged, extended or altered to change from one use group to another, or to a different use within the same use group, in whole or in part; or a building, structure or premises hereafter altered for which an occupancy permit has not been heretofore issued, shall be occupied or used until the occupancy permit has been issued by the code official, certifying that the work has been completed in accordance with the provisions of the approved building permit. The code official shall issue an occupancy permit when all the work has been completed in accordance with the approved construction documents. Any use or occupancy which was not discontinued during the alteration shall be discontinued within thirty days after the completion of the alteration, unless the required occupancy permit is secured from the code official.

118.1.3 Existing buildings, no change in use: Upon written request from the owner or tenant of an existing building, structure or premises, the code official shall issue an occupancy permit, provided there are no violations of law or orders of the code official pending, and it is established after inspection and investigation of the available records that the alleged use of the building, structure or premises has heretofore legally existed, except for high hazard and assembly uses which will require a new inspection prior to the issuance of the occupancy permit. This code shall not require the removal, alteration or abandonment of, or prevent the continuance of, use and occupancy of a lawfully existing building, structure or premises, unless such use is deemed to endanger public safety and welfare. All existing buildings, structures or premises, where an occupancy permit has not heretofore been issued, shall be required to secure an occupancy permit indicating the current use and occupant.

118.1.4 Existing buildings, change in use: After a change of use has been made in a building or structure, the re-establishment of a prior use that would not have been legal in a new building of the same type of construction is prohibited, unless the building complies with all applicable provisions of this code. A change from one prohibited use, for which a permit has been granted, to another prohibited use, shall be deemed a violation of this code.

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

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

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

118.4 Contents of the occupancy permit: When a building, structure or premises is entitled thereto, the code official shall issue an occupancy permit within a reasonable period of time. The occupancy permit shall certify compliance with the provisions of this code and the purpose for which the building, structure or premises will be used. The occupancy permit shall specify the use group in accordance with the provisions of Chapter 3; the type of construction as defined in Chapter 6; and any special stipulations and conditions of the building permit. Any building, structure or premises for which an occupancy permit has been issued shall be permitted to be reinspected to confirm compliance with this code and the Zoning Ordinance.

118.5 By whom application is made: An application for an occupancy permit shall be made by the owner of record of the building, structure or premises. If an occupancy permit application is made by any person other than the owner of record, a notarized letter, or some other proof, must be presented granting permission from the owner of record to the applicant to apply for the occupancy permit for the stated use. The full names, addresses and telephone numbers of the owner, lessor and applicant shall be stated. If the building is owned by a corporation, said notarized permission letter, or other proof, shall be signed by an officer or registered agent of that corporation. If the applicant for the occupancy permit is a corporation, an officer, registered agent, or other responsible person of that corporation shall sign the application stating their position with said corporation.

118.6 Fee for occupancy permit: Fees for the issuance of an occupancy permit shall be as listed in Table 112.3.1.

There shall be no charge for the issuance of the original occupancy permit upon completion of construction in accordance with the building permit for new buildings or buildings hereafter altered with construction costs exceeding thirty thousand dollars.

118.6.1 Fee for temporary or partial occupancy permit: The fee for a temporary or partial occupancy permit shall be as listed in Table 112.3.1.

118.7 Posting of occupancy permit; responsibilities: It shall be the duty or responsibility of the operator of every business to display a copy of a legally issued occupancy permit pertaining to the actual business in effect on the premises. It shall be the duty of the Saint Louis Police Department to enforce the provisions of this section. When the code official is informed of or suspects any violation of this code, it shall be the duty of the holder of an occupancy permit to allow the code official to inspect the building, structure or premises, or any portion thereof. Violation of this section shall result in revocation of said occupancy permit, and shall be subject to penalties as set forth in Section Four.

118.8 Occupancy permit application abandonment: Occupancy permit applications shall be abandoned sixty days after initial application if, in the opinion of the code official, the occupancy permit has not been diligently pursued.

Exception: Those buildings acquired from Land Reutilization Authority, in which case said occupancy permit applications shall be abandoned one hundred eighty days after initial application was filed.

SECTION 119.0 CONDEMNATIONS

119.1 Notification: If, upon making an inspection and examination, the code official finds that a building, structure or premises has one or more of the defects described below, the code official shall notify in writing, as provided in Section 119.2, the owner(s) of said building, structure or premises, as recorded most recently in the City of Saint Louis Assessor's Office, the defects found in said building, structure or premises, and shall order them to proceed to properly demolish, repair, and secure or correct all conditions causing condemnation of said building, structure or premises within seven days. This document is to be known as a Notice of Condemnation. If the conditions have not been corrected by the date listed in the notice, the building, structure, premises, or portion thereof or appurtenance thereto will be condemned and shall be required to be vacated and secured. Possible defects shall be permitted to be one or more of the following:

1. The building or structure is in a condition which endangers either the lives or safety of persons, whether occupants or otherwise, or other property;

2. The condition of the building or structure by reason of the making of an excavation on the lot on which it is located, or any adjoining lot, endangers either the lives or safety of persons, whether occupants or otherwise, or other property;

3. The building, structure or premises is a fire hazard for any reason, including without limitation: obsolescence, dilapidation, deterioration, damage, lack of sufficient fire resisting qualities, poor sanitation, or faulty electrical wiring, gas connections or heating apparatus;

4. The building or structure lacks safe or adequate facilities for means of egress in case of fire or panic;

5. The building or structure has any one or more of the following conditions:

A. Improperly distributed loads upon the floors or roof;

B. Overloaded floors or roofs;

C. Insufficient strength to be reasonably safe for its actual or intended use;

6. Any portion of the building or structure has been so damaged by fire, earthquake, wind, flood, vandalism, malicious mischief, or any other cause, that the building or structure is no longer safe or suitable for its actual or intended use;

7. Any interior or exterior portion, member, appurtenance, ornamentation or any other component of the building or structure is likely to fall or collapse, or become detached or dislodged, and thereby injure persons or damage property;

8. Any portion of the building or structure has racked, warped, buckled or settled to such an extent that its walls or other structural portions have insufficient resistance to fire, earthquake, wind, flood or similar perils;

9. Part or all of the building or structure is in danger of collapsing for any reason;

10.The building or structure has exterior walls or other vertical structural members which list, lean or buckle;

11.The building, structure or premises, or any portion thereof is, for any reason, unsafe for its actual or intended use;

12.The building or structure has been so damaged by fire, earthquake, wind, flood, vandalism, malicious mischief, or any other cause, or has become so dilapidated, deteriorated or decayed as to come within any one or more of the following categories:

A. The building or structure will attract and result in harm to children;

B. The building or structure is, or is likely to become, a harbor for vagrants, criminals or immoral persons;

C. The building or structure enables persons to resort thereto for the purpose of committing unlawful or immoral acts;

13.The building, structure or premises has been constructed, exists, or is being maintained in violation of any provisions of this code, or of any law of the City of Saint Louis;

14.The building or structure does not have the strength, fire resisting qualities or weather resisting qualities required by this code for newly constructed buildings of like area, height and occupancy;

15.The building, structure, or premises is used or intended to be used for purposes that are likely to injure the health, safety or welfare of persons who occupy or could occupy said building or structure by reason of any one or more of the following conditions:

A. Inadequate maintenance, dilapidation, deterioration, decay or damage;

B. Faulty construction;

C. Inadequate light, ventilation or sanitation facilities;

D. The building, structure or premises is being used for any illegal purposes;

16.Any portion of the building or structure has been left remaining on a site after its demolition or destruction;

17.The building or structure is vacant for a period in excess of six months, and because of its condition, it is unsafe or unsanitary, or it endangers property or the health, morals, safety or welfare of persons;

18. A building or structure is subject to demolition is the building or structure is vacant and has been ordered secure or has been secured by order of the code official for a period in excess of twelve months and has been condemned for occupancy or has been used in the commission of a crime subsequent to being ordered secured or being secured.

19.The building or structure is only partly constructed and construction has stopped for a period in excess of six months, and because of its condition, affects the health, safety and welfare of the adjacent properties.

119.1.1 Evacuation order; failure to comply: Any person who refuses to leave, interferes with the evacuation of other occupants, or continues any operation after having been given an evacuation order by the code official, except such person(s) who is directed to perform work to remove a violation or unsafe condition, shall be deemed in violation of this section whereupon it shall be the duty of the Police Department to immediately remove such person from said building, structure or premises and prevent anyone from re-entering the building, structure or premises until such time that the Police Department shall have been notified by the Building Division that the same is in a safe condition. Any person who shall violate this section shall be guilty of a misdemeanor and subject to the penalties as set forth in Section Four.

119.1.2 Dangerous conditions: Whenever the code official shall find any building, structure or premises in such a condition that it presents a safety hazard, but not dangerous enough to warrant condemnation and demolition, and repair is relatively small in relation to the building as a whole, the code official shall post a sign on the premises which reads as follows:

WARNING

ALL PERSONS ARE WARNED TO
USE EXTREME CAUTION IN OR
AROUND THESE PREMISES

Additionally, a letter shall be posted indicating those conditions in violation of this code, and a copy of said letter shall be mailed to the owner(s) of said building, structure or premises.

119.2 Service of notice: The notice to the owner(s) of the building, structure or premises found by the code official to be in violation of this code, shall be directed to the owner(s) of such building, structure or premises, as recorded most recently in the City of Saint Louis Assessor's Office. The notice shall be served in one of the following ways:

1. Deliver direct to owner(s).

2. Posting a copy of said notice upon the building, structure or premises.

3. Mailing a copy of said notice by regular mail, postage prepaid, direct to owner(s)’ place of business or the address currently recorded in the Assessor's Office of the City of St. Louis.

4. Publication in a newspaper of general circulation in the City of Saint Louis.

119.2.1 Posting copy of notice: In case such building, structure or premises is in the occupancy of a tenant(s), in addition to the above notice, it shall be the duty of the code official to post a copy of such notice upon said building, structure or premises. It shall be a violation of this code for any person to remove any notice or copy thereof, lawfully posted pursuant to this code, unless otherwise ordered by the code official.

119.3 Failure to comply; authority to enter into contracts: If the owner(s) fail to comply with the order of the code official by the date indicated in the Notice of Condemnation, and in such a manner that can be approved by the code official, then such owner(s) shall have violated this code, and the code official shall be permitted to forthwith proceed to undertake and complete whatever work is necessary to eliminate the dangerous condition. The Building Commissioner shall have the authority to enter into contracts with no other review, signature or approval (except for insurance) from any other City agency. Such contracts shall be permitted to include, but not be limited to, demolition, environmental investigation, remedial work, professional or contractual services. Competitive bids shall not be required for emergency situations where there is a danger to life or property. The cost of such work performed by the code official, under the provisions of Sections 119.0 or 120.0 of this code, shall be paid for by the City of Saint Louis. The code official shall certify to the Comptroller the cost of such work, including the administrative costs incurred by the Division of Building and Inspection in performing said work, but in no event shall such administrative costs exceed ten percent of the contract price incurred by the Division of Building and Inspection in performing such work. The Comptroller, upon certification by the code official of the cost expended for said work, shall prepare bills for such work against the owner(s) of said building, structure or premises. In case said bills are not paid upon presentation, they shall be referred to the City Counselor, who shall proceed to collect same, by suit, or lien if necessary, and the amounts when collected shall be credited to a special revolving fund for the purposes herein designated.

119.3.1 Secured buildings: For a building or structure to be "secured" in those cases in which securing is specifically required by this code, a covering shall be placed over all doors, windows or other openings at the first floor level, and all doors and windows that are accessible from any porch, service stair or fire escape, and all basement or cellar windows. This cover shall consist of not less than three-eighths inch plywood or other such material approved by the code official attached to the framing of all such doors and windows by wood screws, or any other material approved by the code official, of a minimum length of one and one half inches, placed not more than twelve inches on center. Such plywood or other such material approved by the code official shall be painted with a minimum of two coats of exterior grade paint of a brick red or other color which is approved by the code official. It shall be the duty and responsibility of the code official to re-enter any premises or building or portion thereof that has previously been secured and boarded either by the City of Saint Louis or any other party, when, in the opinion of the code official, there is reason to believe that there happens to be new or additional violations of this code. The code official shall not be held responsible for any damage to the building, structure or premises caused by the act of securing.

119.3.2 Reentry of secured buildings: The occupancy of any building or structure which has been ordered secured or has been secured by order of the code official shall be prohibited until the owner of said building or structure obtains a certificate of inspection, or an occupancy permit from the code official. Work performed on any building or structure as a prerequisite to a certificate of inspection shall not be considered occupancy of said building or structure.

119.4 Building not to be rented or leased: No owner, or agent of the owner, of any building, structure or premises, after notice from the code official that such building, structure or premises is unsafe or dangerous, shall rent or lease the same or any part thereof, or collect any rent therefore, until such building, structure or premises has been placed in a safe and secure condition. Under Section 118.0 the code official shall be permitted to require an occupancy permit to be issued prior to occupancy or re-occupancy. Any person found guilty of violating the provisions of this section shall be subject to the penalties as set forth in Section Four regarding fine and imprisonment. Each day that a violation continues constitutes a separate and distinct offense.

119.5 Cost; method of payment; lien; penalty: The code official shall have the authority to require any violator of this code to correct, remove or abate any condition caused or permitted by them in violation of this code; and the code official shall be permitted to correct, remove or abate the same, upon their failure to comply with the requirements of this code, when the public interest so requires. For all emergency condemned buildings or structures, the code official shall have the authority to receive and publicly open bids and award the contract to the lowest qualified bidder meeting the specifications, without first sending said contract to the Comptroller. These contracts shall be signed by the Building Commissioner and countersigned by the Director of Public Safety, and shall have the full effect of a city contract. All costs attending such action in such cases shall be paid from the appropriate fund, as provided in Section 119.3 of this code, and then collected from the party offending as therein provided. A lien for such costs shall be placed against the property whereon such violation was permitted to exist. The cost shall also be certified to the Collector of Revenue, or other official collecting real estate taxes, who shall cause a special tax bill against the property to be prepared and collected in the same manner and procedures as other real estate tax bills. Said special tax bill shall be deemed a personal debt against the property owner(s) and shall also be a lien on the property until paid. These bills or liens shall not be forgiven except by the City Counselor, who shall, in writing, instruct the building official to forgive such bills or liens. Further, board-up and demolition bills shall be permitted to be waived when ownership of said property, for which the bill or lien was issued, is accepted by Land Reutilization Authority, Saint Louis Development Corporation or any other City agency. Any person, firm or corporation, who shall refuse or neglect to comply with the provisions of this section, or who shall violate any of the provisions thereof, shall be subject to the penalties as set forth in Section Four. In addition, any payments deemed to be in arrears shall be subject to interest charges at a rate set by the Comptroller.

119.5.1 Prohibited expenditures: The code official shall not expend any monies for demolition of buildings owned by Land Reutilization Authority, Operation Impact, Saint Louis Development Corporation, Port Authority or any other governmental agency, except in emergency situations where immediate action is required to preserve public health, safety and welfare.

119.6 Vacation of buildings; duties of police; penalty: Upon effecting condemnation of any building, structure or premises by the code official, it shall be unlawful for any person to enter or remain in or on such building, structure or premises until such time as the Police Department shall have been notified in writing by the code official that the same is in a safe condition. It shall be the duty of the Police to remove any person from such building, structure or premises so condemned and to prevent any person from entering same until such time as the Police Department shall have been notified in writing by the code official that such building, structure or premises is in compliance with this code. The provisions of this section shall not apply to licensed security guards or persons directly employed in securing the building, structure or premises, or otherwise abating the conditions causing the condemnation. Any violation of this section of the code shall be subject to the penalties as set forth in Section Four.

119.7 Removal of decayed or unsafe trees: Whenever it shall come to the knowledge of the Forestry Commissioner that any tree on private property is in such a decayed or dangerous condition as to endanger the lives of persons, or is likely to cause immediate damage to the property of others, the Forestry Commissioner shall cause said tree to be removed or cause such dangerous conditions to be remedied by the owner of the property whereon it is situated. The powers and duties of the Forestry Commissioner in respect to any such tree, the notice to the owner of the property whereon it is located, the cost of its removal or remedying the dangerous condition caused thereby, the lien of such cost, the method of its collection, the penalties to be incurred by the owner, and the procedure to be followed by the Forestry Commissioner shall, as nearly as practicable, be those prescribed by this section in respect to the code official's procedures for buildings and other structures which are in a dangerous condition. If the Forestry Commissioner cannot secure removal of the dangerous tree by Forestry Division forces, or by response of the owner to the Forestry Division notice, the Forestry Commissioner shall be permitted to request the assistance of the code official in condemning the tree and securing removal after emergency or public bid by private contractors, resulting in a City of Saint Louis contract to remove the tree. The condemnation, if appealed to the Board of Building Appeals, shall require the defense testimony of Forestry Division personnel knowledgeable about trees. The Building Division shall be permitted to make available for tree removal contracts on private property a sum not to exceed five percent of the first two hundred thousand dollars of general fund demolition monies appropriated in a fiscal year, in addition to not more than three percent of any appropriated amount over two hundred thousand dollars. The Forestry Division will prepare bid specifications, receive, process and award such contracts billable to the Building Division demolition account subject to the dollar limits above. This procedure is for dead or dangerous trees on private property only and is not for encroachments, trimming, pruning or other concerns.

119.8 Appeal: Any person aggrieved by the decision of the code official, pursuant to Sections 119.1 through 119.7 inclusive of this code, shall be permitted to appeal such decisions to the Board of Building Appeals within ten calendar days of the date on the Notice of Condemnation. The Condemnation Committee of the Board of Building Appeals, selected by the chairman, shall hear said appeal and render its decision affirming, modifying or reversing the decision of the code official, and to such end, shall possess all the powers on appeal granted the code official under Sections 119.1 through 119.7 inclusive of this code. Such decision shall be subject to the procedures and review provided by the Administrative Procedure and Review Act of the State of Missouri. Filing of an appeal of any portion of Sections 119.1 through 119.7 of this code does not stay any action provided in these sections. 119.9 Penalties: If the owner(s) fail to repair, demolish, or otherwise comply a building, structure or premises, as ordered by the Notice of Condemnation of the code official, pursuant to Section 119.2 of this code, either within the seven day period specified in Section 119.2, or within ten days after any appeal from said notice, as provided in Section 119.8 of this code, is finally adjudicated adversely to said owner(s), then said owner(s) shall be guilty of a violation of this section and shall, upon conviction thereof, be subject to penalties as set forth in Section Four. Each day that any violation continues shall constitute a separate and distinct offense.

119.10 Responsibility of ownership:

1. Disclosure: It shall be unlawful for any seller or grantor to convey, give or transfer property to any buyer or grantee without first disclosing in writing to the buyer or grantee the existence of all Notices of Condemnation or any other violations of this code. The grantor shall keep and make available for inspection by the code official such disclosure signed by the grantee for a period of one year from the conveyance, gift or transfer.

2. Liability to prosecution and conviction: Any person shall be permitted to be prosecuted and convicted for violation of Section 119.1.1, notwithstanding that said person has not been given the notice specified in Section 119.1, provided that the building, structure or premises in question had one or more of the defects described in Section 119.1 during the period that said person was responsible for said building, structure or premises as owner, corporate officer, partner or otherwise, and provided further that said prosecution is commenced during the one year period after said person ceased to be so responsible.

3. Liability to suit and judgment: Any person shall be permitted to be sued by and held liable to the City of Saint Louis, as provided in section 119.3, for funds expended by the City of Saint Louis, pursuant to said section, notwithstanding that said person has not been given the notice specified in section 119.1, provided that the building, structure or premises in question had one or more of the defects described in said section during the period that said person was responsible for said building, structure or premises as owner, corporate officer, partner or otherwise, and provided further that said suit is commenced during the one year period after said person ceased to be so responsible. Owner(s) are presumed by law to know the conditions of their property, whether or not such notice was given. Notices sent to the address of the owner(s) shown on the City of Saint Louis Assessors Office records on the date sent, shall constitute legal notice in accord with Section 119.2.

119.11 Dangerous, hazardous, unsanitary or unapproved plumbing, mechanical and electrical installations: The code official shall have the authority to seal out of service the items listed below, when, in the code official's opinion, any of these items are in an unsafe, hazardous or unsanitary condition, or if a Certificate of Inspection has not been issued by the code official, or if the installation was made without obtaining the necessary permit(s):

1. Plumbing equipment, fixtures, piping, devices and appurtenances covered by the Building and Plumbing Codes;

2. Mechanical equipment, devices and appurtenances covered by the Building and Mechanical Codes.

3. Electrical equipment, fixtures, devices, wiring and appurtenances covered by the Building and Electrical Codes;

119.11.1 Notice of sealing out of service: Before sealing any device out of service, the code official, except in cases of emergency, shall serve days written notice upon the building owner(s) or occupant(s) by United States mail, stating intention to seal the equipment out of service and the reasons therefore. Notice shall be permitted to alternately be served by posting upon, or immediately adjacent to, the device proposed to be sealed.

119.11.2 Unlawful to remove or tamper with seal: Any device sealed out of service by the code official shall be plainly marked with a sign or tag indicating such sealing, and any defacing or removal of the sign or tag, or any tampering with or removal of the seal without approval of the code official, or operation of the sealed unit, shall constitute a violation of this code and shall subject the violator to the penalties as set forth in Section Four.

119.12 Cancellation of condemnation: The code official shall have authority to cancel prior condemnations either for defects, or for occupancy. A condemnation shall be permitted to be rescinded by the code official only after, in the official's opinion, all necessary repairs are made to such building, structure or premises, or otherwise compliance is obtained with the code official's orders to make such building, structure or premises safe or occupiable and defects noted have been corrected.

119.12.1 Notice of cancellation of condemnations: Upon cancellation of a condemnation, a notice shall be directed to the owner(s) of the building, structure or premises stating that the condemnation has been canceled. The service of such notice shall be done in the same manner as provided for in Section 119.2.

119.13 Vacant building inspection: The code official shall cause to be inspected any property that potentially is subject to the registration fee as established in section 112.12. The inspecting officer shall report his findings and it shall be determined whether any such property shall be subject to the registration fee by the city. Within five business days of such determination, the code official shall notify by mail the owners of property on which the registration fee has been levied at the last known address according to the records of the office of the Assessor. The property owner shall have the right to appeal the decision of the code official to the municipal court within 30 days of such notification. Absent the existence of any valid appeal or request for reconsideration the registration fee shall begin to accrue on the beginning of the second calendar quarter after the decision of the code official.

119.13.1 Reconsideration: Should within thirty days of the code official making such notification, the property owner complete any improvements to the property that would be necessary to revoke the levy of the registration fee, they shall request a reinspection of the property and a reconsideration of the levy of the registration fee by the city. If the code official revoke the registration fee, no such assessment shall be made and the matter shall be considered closed. If the code official affirm the assessment of the registration fee, the property owner shall have the right to appeal the reconsideration decision to the municipal court within thirty days if such decision. Absent the existence of any valid appeal to the municipal court or other court of competent jurisdiction the registration fee shall begin to accrue on the beginning of the second calendar quarter after the reconsideration decision of the code official.

119.13.2 Payment and penalties: The code official shall establish procedures for the payment of the registration fee and penalties for delinquent payment of such fees. Any registration fees which are delinquent for a period of one year shall become a lien on the property and shall be subject to foreclosure proceedings in the same manner as delinquent real property taxes. The owner of the property against which the assessment was originally made shall be able to redeem only b presenting evidence that the violations cited by the code official have been cured and presenting payment of all registration fees and penalties. Upon bona fide sale of the property to an unrelated party said lien shall be considered released and the delinquent registration fee forgiven.

SECTION 120.0 EMERGENCY MEASURES

120.1 Procedure: When, in the opinion of the code official, a building, structure or premises poses an immediate or imminent danger to the public health, safety or welfare, as defined in Section 119.1, the code official shall order the immediate evacuation and securing of said building, structure or premises, and shall be permitted to order all utilities to be disconnected without sending a notice. Each principal entrance shall be posted with a notice which reads as follows:

DANGER
THIS PREMISES IS UNSAFE AND HAS BEEN
CONDEMNED
ALL PERSONS ARE WARNED TO
KEEP AWAY

Any person who refuses to leave, interferes with the evacuation of other occupants, occupies or continues any operation after the property has been posted pursuant to this section, except such person(s) who is directed to perform work to remove a violation or unsafe condition, shall be deemed in violation of this section, and it shall be the duty of the Police Department to immediately remove such person(s) from said building, structure or premises, and prevent anyone, unless approved by the code official, from re-entering the building, structure or premises until such time that the Police Department shall have been notified that the same is in a safe condition. The code official assumes no responsibility for persons entering upon said property, and said persons proceed at their own risk and assume all liability.

120.2 Temporary safeguards: When, in the opinion of the code official, there is actual and immediate danger of collapse or failure of a building or structure or any part thereof which would endanger life, the code official shall be permitted to cause the necessary work to be done to render such building or structure or part thereof temporarily safe, whether or not the legal procedure herein described has been instituted.

120.3 Closure: When necessary for public safety, the code official shall temporarily close sidewalks, streets, buildings, structures and places adjacent to such unsafe building, structure or premises, and prohibit the same from being used.

120.3.1 Catchment enclosures: If, in the opinion of the code official, it is determined that there exists an imminent structural hazard, catchment enclosures shall be erected protecting adjoining property and the public right-of -way. The cost for such catchment enclosures shall be the responsibility of the owner of record immediately adjacent to the catchment enclosure, and the recovery of said costs will be as described in Section 120.5 of this code.

120.4 Emergency repairs; remedies: For the purpose of this section, the code official shall be permitted to employ the necessary labor and materials to perform the required work as expeditiously as possible. Further, when it is found that potable water is running inside a vacant building or structure, and the owner or the owner's representative cannot be contacted, and where severe structural or other damage can thus occur to adjacent properties, the Building Commissioner or the Health Commissioner shall be permitted to order the Water Division to cease the problem flow by whatever means the Water Division finds necessary. The Water Division shall comply with any order issued pursuant to this section.

120.5 Cost of emergency repairs or demolition: Costs incurred in the performance of emergency work shall be paid from the Treasury of the City of Saint Louis on certification of the code official. The legal counsel of the City of Saint Louis shall institute appropriate action against the owner(s) of the premises where the unsafe building or structure is or was located for the recovery of such costs plus a ten percent administrative fee. If such cost is not collected, a lien shall be requested to be placed upon the property by the Comptroller. The costs shall also be certified by the Collector of Revenue or other official collecting real estate taxes who shall cause a special tax bill against the property to be prepared and collected in the same manner and procedures as other real estate tax bills. Said special tax bill shall be deemed a personal debt against the property owner(s) and shall also be a lien on the property until paid.

120.6 Emergency demolition or removal: If, in the opinion of the code official, a building, structure, tree or premises, in whole or in part, poses an immediate and imminent danger to the public health, safety or welfare, by virtue of its condition or conditions in violation of this code, the code official shall be permitted to cause the immediate removal of said building, structure or tree without the notice set forth elsewhere in this code. Further, the code official shall have the authority to award a sole source contract for demolition of said dangerous building, structure or tree.

120.7 Demolition of party walls; responsibility: When a building or structure on one side of a party wall is demolished, the demolition contractor is required to mortar in the floor and/or roof joist pockets, and is also responsible for installing missing portions of the party wall which were not originally built. The demolition contractor shall remove any attachments to the building or structure (plaster, mortar, steps, paneling, etc.). The adjacent wall shall have an approved roofing material applied to create a coping for the wall. The demolition contractor shall also be responsible for applying an exterior sprayed-on sand and tinted cement coating or tuckpointing; these are not the responsibility of the owner of the remaining building who relies on structural support from the party wall.

SECTION 121.0 BOARD OF BUILDING APPEALS

121.1 Creation, members and qualifications: There is hereby established a Board of Building Appeals consisting of seven members appointed by the Mayor, all of whom shall be residents of the City of Saint Louis; at least one of whom shall be a person engaged in the real estate business, one a registered professional engineer, one a registered architect, one a building contractor or subcontractor, one a person affiliated with the building and construction trades council, and two shall be citizens-at-large. There shall be four alternates who shall be permitted to be called when it is expected there will not be a quorum present. The alternates shall have all powers, protection and stipends as the regular board members in accordance with Civil Service provisions. The alternates shall be appointed by the Mayor for four year terms. One alternate shall be a professional engineer or architect registered in Missouri; the other alternates shall be citizens-at-large. Alternates shall not make up the majority of the Board at any hearing.

121.1.1 Term of office: New members shall possess the same qualifications as the persons in whose place they are appointed. This is an existing board and all current appointments shall not be affected by this ordinance. All subsequent appointments shall be for a term of four years and shall expire on an anniversary of the date of the original term, except appointments to fill vacancies which shall be for the unexpired term. Members whose appointment terms have expired shall be permitted to continue to serve until reappointed or replaced by a new appointee.

121.1.2 Procedures: The board shall elect one of its members as chairman who shall serve as such during the remainder of the calendar year, and until a successor is elected. The board shall from time to time adopt rules and regulations as shall be reasonably necessary governing its procedure, and to carry into effect the provisions of this code. These rules and regulations shall be available for review at the office of the Secretary to the Board during normal working hours. It shall be unlawful for any appellant or appellant's representative to contact any member of the board on any matter that is pending or scheduled to be heard by the board. If a board member is contacted by an appellant on a matter pending before the board, other than during a board hearing, that board member must abstain from hearing or voting on the matter, as all testimony must be heard "sworn on the record."

121.1.3 Compensation: The Board of Building Appeals' members shall be compensated for services rendered on a per meeting basis, as established by ordinance, and subject to budgeted funds availability.

121.2 Meetings, witnesses, minutes to be kept: Meetings of the board shall be held at the call of the chairman, and at such other times as the board by its rules shall be permitted to provide. The chairman, or in the chairman's absence, the acting chairman, shall administer oaths. The Board shall act by a majority vote, and a quorum shall consist of at least four members. The board shall keep minutes of its proceedings showing the vote of each member on each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations of witnesses and other official acts. Transcripts of hearings shall be permitted to be kept in the custody of the court reporter, and need not be transcribed unless requested. The party requesting the transcripts shall pay all costs of such transcripts required, including a file copy for the board, one for the Building Division, and one for the board's legal staff.

121.3 Types of appeals: Any person, firm or corporation aggrieved by a decision of the code official, Fire Marshal, or any other board, commission, or other officer exercising their powers under this code or any other code or ordinance assigned to the Division of Building and Inspection, shall be permitted to file an appeal when the appellant alleges:

1. That there is an error in an order, requirement, decision, or interpretation of the code official, Fire Marshal, or of any other board, commission, or other officer in the enforcement of this code;

2. That the mode, method or manner to be followed in the erection or alteration of any building or structure in any specific case before the board is equal to or superior to the mode, method or manner required by the provisions of this code;

3. That the material to be used in this specific case is equal to or superior to the materials required by the provisions of this code;

4. That any other board or commission exercising powers under this code, or any other code or ordinance assigned to the Division of Building and Inspection, wrongfully interpreted the provisions of the code, or refused to grant a license, certificate or permit under the provisions of such code;

5. That the provisions of Section 3406.1 of this code are applicable.

Exception: The Board of Building Appeals has no powers to hear and decide appeals on matters covered under the Americans With Disabilities Act, the Zoning Ordinance or the Cultural Resources Ordinance.

However, an application for occupancy, alteration or repair of an existing building or structure which involves a change of occupancy/ change of use group, whereupon accessibility requirements apply, the code official’s determination of change of occupancy/ use group shall be allowed to be appealed to the Board of Building Appeals.

121.4 Filing date: Unless otherwise specified in other sections of this code, appeals shall be filed within thirty calendar days after the decision of the code official, Fire Marshal, or any other board, commission or other officer exercising their powers under this code, or any other code or ordinance assigned to the Division of Building and Inspection, is rendered; however, no such appeal shall be taken from any order or ruling wherein responsibility lies with the Board of Adjustment, as established by the Zoning Ordinance, or with any other board, as established by the Revised Codes of the City of Saint Louis.

Exception: Condemnation appeals shall be filed within ten calendar days of the date on the Notice of Condemnation, as described in Section 119.8 of this code.

121.5 Manner and fee for filing appeals: Appeals shall be taken by filing with the Secretary to the Board a notice of appeal on such forms as prescribed by the Board of Building Appeals, specifying the grounds thereof, and the secretary shall immediately transmit to the board such notice and all papers constituting the record upon which the action appealed from is taken. The notice of appeal shall be accompanied by a fee, as listed in Table 121.5 of this code. In the event that more than one building, structure or premises, owned by the same person, firm or corporation, has been cited for exactly the same violation, and the owner has filed an appeal with the board disputing the same citation, the appellant shall be permitted to file one appeal covering all said buildings, structures or premises, and be charged one appeal fee. The decision rendered by the board shall apply to all buildings, structures or premises involved in the appeal.

TABLE 121.5 BOARD OF BUILDING APPEALS FEE

Item		Fee	Remarks and requirements
Board of Building Appeals Filing Fee	$130.00	For any appeal filed from July 1, 1999 through June 30, 2000	Upon the submission of an acceptable written statement certifying the applicant to be indigent, the filing fee shall be waived only upon approval from the City Counselor's Office.
	$140.00	For any appeal filed from July 1, 2000 through June 30, 2001
	$150.00	For any appeal filed after July 1, 2001

121.5.1 Waiver of appeal fees: In the event the Secretary to the Board receives a written claim of indigence and a request for a fee waiver, this request shall be referred to the City Counselor's Office for approval or denial, and that decision shall be final. A copy of that decision shall be kept on file.

121.5.2 Board hearings; notification: After an appeal has been filed, the Secretary to the Board shall place the appeal on a board hearing agenda, and the appellant shall be notified in writing by certified mail prescribing the time, date and location of the hearing not less than seven days prior to said hearing. Such hearing shall be held within a reasonable time after the filing of the notice of appeal, depending on the scheduling of other appeals.

121.6 Appeals to stay proceedings; exceptions: Appeals shall stay all proceedings in furtherance of the action appealed from, unless the code official or Fire Marshal whichever shall be the case, certifies to the Board of Building Appeals, after the notice of appeal has been filed, that by reason of the facts stated in the certificate, a stay would, in their opinion, cause imminent peril to life or property. In addition, appeals shall not stay all proceedings when there is: unlawful occupancy; a stop work order; or construction or demolition without a permit. In such case, proceedings shall not be stayed other than by restraining order, which shall be permitted to be granted by the Board of Building Appeals on application and on notice to the code official or Fire Marshal, or by a court of competent jurisdiction.

121.7 Jurisdiction of the board: The Board of Building Appeals is hereby empowered to hear and decide appeals in all matters described in Section 121.3

121.7.1 Board decisions; notification: The board shall enter its order and decision after hearing, affirming, modifying or reversing the order, requirement, interpretation, ruling or decision of the code official in whole or in part. The board shall be permitted to require conditions or restrictions as necessary to assure that the activity complies with the intent of this code, or as the board deems appropriate. If the appellant fails to appear at the prescribed time and location of the hearing, and it has been determined that notice of the hearing was received, the appeal shall be dismissed, and the original order, requirement, interpretation, ruling or decision of the code official shall be affirmed. A final decision, when used in this section, shall mean a decision rendered by the Board of Building Appeals. The board shall, upon rendering its final decision, notify the appellant of its order and final decision by mail. The appellant shall be deemed to have received the final decision three days after the final decision has been deposited in the United States mail with proper postage. The board shall forward its order and decision to the code official or Fire Marshal, or any other board, commission or officer exercising their powers under this code, in writing, and place a copy of the decision in its files. There shall be no rehearing or reopening of that file by the board, except where the board has required conditions or restrictions and it is to be determined whether the conditions or restrictions have been met. No information concerning any decision reached by the board shall be made public except to the appellant until that decision has been signed and the appellant has first been formally notified.

121.7.2 Generic decisions: In the event that the Building Commissioner finds that a specific decision of the Board of Building Appeals would be helpful in the continued administration of this code if it were made to be generically applicable, the Building Commissioner shall be permitted to petition the board in writing requesting that the decision of a specific case be made generically applicable, in part or in whole, without the need for individual appeals, and shall become a part of the policy of the Division of Building and Inspection. This request must be made within one hundred eighty calendar days of the rendering of the decision. The board shall only affirm or deny such petition.

121.7.3 Conditional decisions; method of rehearing: When the Board of Building Appeals enters a conditional decision modifying or reversing an order of the code official, and grants additional time to correct the violation(s), the board shall grant no more than ninety days. Additional time shall be permitted to be granted if, in the opinion of the code official, sufficient progress is being made to correct the violation(s). In the event insufficient progress is being made to correct the violation(s) in the allotted time, the case shall be referred back to the Board of Building Appeals to show cause why the conditions set by the board have not been met and why the code official's original order or decision should not be affirmed. In the event of such referral back to the board, notification to the appellant prescribing the time, date and location of said hearing shall be the same as that described in Section 121.5.2.

121.8 Appeals from decisions of the board: Any person(s) jointly or severally aggrieved by the decision of the Board of Building Appeals shall be entitled to a judicial review of the decision rendered by the Board of Building Appeals as provided in the Administrative Procedure and Review Act of the State of Missouri, being Sections 536.100 - 536.140 of the Revised Statutes of Missouri.

121.9 Hearing officer: The Board of Building Appeals shall have the right to appoint a hearing officer to hear and render a decision on any appeal filed with the Board of Building Appeals.

121.9.1 Qualification: The hearing officer shall be an attorney and on an approved list of attorneys who have administrative law experience. The Director of Public Safety shall compile and maintain said list.

121.9.2 Rights and duties: The hearing officer shall have such rights, responsibilities and duties as the Board of Building Appeals and the appellants shall have the same rights as an appellant appearing before the Board of Building Appeals, including the right to appeal pursuant to Missouri’s Administrative Procedure and Review Act.

SECTION 122.0 CERTIFICATION OF DEMOLITION CONTRACTORS

122.1 Certificate required: No person, partnership or corporation shall engage in the activity of demolishing or wrecking buildings or structures, as defined in Section 203.0 of this code, within the City of Saint Louis, unless such person, if an individual, a person who is a partner in a partnership, or an officer of any such corporation, shall first apply for and be issued a demolition certificate as a demolition contractor as defined in this section.

Exception: No demolition certificate shall be required for the City of Saint Louis when performing demolition or wrecking by force account using employees of the City of Saint Louis.

122.2 Demolition certificate: No person, partnership, corporation, or persons or corporations doing business under a fictitious name, whether such name be legally registered or not, or corporation doing business in or conducting demolition or wrecking activities, as defined in Section 203.0, shall conduct, or be employed in conjunction with demolition, as defined in Section 203.0, within the City of Saint Louis unless said person, a member of the partnership, or an officer of such corporation, or one of the persons or any officers of any corporation doing business under a fictitious name has received a current demolition certificate of the proper class as herein described, or said person is legally employed by a properly certified demolition contractor of the class herein described. The Demolition Contractors' Certification Board shall approve the issuance of a demolition certificate to any person, partnership or corporation which has undertaken to comply with the provisions of the Building Code of the City of Saint Louis, and any and all regulations thereunder, and who has proven ability, personnel and equipment to provide the public with safe, timely and competent service as a demolition contractor within the class of certification for which application has been made. With the determination of the person's fitness, the Demolition Contractors' Certification Board shall require an examination, either oral or written, and shall call for satisfactory experience in the field, in accordance with the standards herein contained. The Demolition Contractors' Certification Board shall be permitted to deny, revoke or suspend any demolition certificate upon a determination after notice and hearing that the demolition contractor:

1. Has violated any provision or any obligation imposed by this code or any and all regulations thereunder, or has violated any law in the course of their dealings as a demolition contractor; or,

2. Has made a material mis-statement in the application for the demolition certificate; or,

3. Has been guilty of fraudulent or dishonest practices, including but not limited to: arson, embezzlement, fraud, theft, failure to complete projects before permit expiration, caused damage to abutting property, failed to comply with provisions of this certification section; or,

4. Has demonstrated their incompetency or lack of ability to act as a demolition contractor. Such demolition revocation or suspension shall be permitted to be appealed to the Board of Building Appeals, as herein provided.

122.2.1 Class I certificate: A demolition certificate to be issued for one year to demolition contractors which indicates that the demolition contractor possesses the personnel, equipment and ability to perform any demolition activities within the City of Saint Louis in accordance with applicable provisions of this code and the laws of the City of Saint Louis for demolition of a building or structure or portions thereof.

122.2.2 Class II certificate: A demolition certificate to be issued for one year to demolition contractors which indicates that the demolition contractor possesses the personnel, equipment and ability to perform demolition activities within the City of Saint Louis in accordance with the applicable provisions of this code and the laws of the City of Saint Louis for demolition of a building or structure or portions thereof which do not exceed three stories or fifty feet in height, or five thousand square feet in area, or two hundred thousand cubic feet in volume.

122.2.3 Temporary certificate: A temporary certificate is a demolition certificate to be issued for either a Class I or Class II certificate, as described above, indicating compliance with the requirements for same and demolition activities, as described in Section 203.0 of this code, are to be performed. This certificate shall be issued for a period not to exceed six months.

122.2.4 Special certificate: A person, firm, partnership or corporation shall be permitted to be certified as a demolition contractor in the appropriate class with a special demolition certificate, if that person, firm, partnership or corporation provides proof of appropriate insurance on a per job basis.

122.3 Demolition contractors certification board: There is hereby established a City of Saint Louis Demolition Contractors' Certification Board which shall be composed of the Building Commissioner of the City of Saint Louis, or the Building Commissioner's authorized representative, and four additional members appointed by the Mayor as follows: either the President of the Board of Public Service or the Director of the Department of Streets or their authorized representative, a certified general contractor, a person engaged in the real estate business and a member of the public at large. Appointments of city employees as members of this board shall be during such time as the Building Commissioner and either the President of the Board of Public Service or the Director of the Department of Streets hold office. All members shall be appointed to a two year term. The term of the member-at-large shall expire on the year opposite the other members. Three members shall constitute a quorum for meetings of the Demolition Contractors' Certification Board, and a simple majority shall rule in decisions rendered by this board. The Building Commissioner shall appoint a Building Division member to serve as secretary to the board. The Demolition Contractors' Certification Board shall be compensated as prescribed by Civil Service provisions for such boards and committees.

122.3.1 Term of office: New members shall possess the same qualifications as the persons in whose place they are appointed. This is an existing board and all current appointments shall not be affected by this ordinance. All subsequent appointments shall be for a term of two years and shall expire on an anniversary of the date of the original term, except appointments to fill vacancies which shall be for the unexpired term. Members whose appointment terms have expired shall be permitted to continue to serve until reappointed or replaced by a new appointee.

122.3.2 Powers and duties of the board: The Demolition Contractors' Certification Board is to conduct itself in such a manner so as to insure, as much as possible, that demolition within the City of Saint Louis is performed safely in accordance with the laws of the City of Saint Louis governing demolition and demolition contracting, as hereinafter set forth:

1. Administration - The Demolition Contractors' Certification Board shall receive applications, administer tests, conduct interviews and hearings, and approve, deny, suspend or revoke demolition certificates, as herein described. The Demolition Contractors' Certification Board shall be permitted to also issue temporary certificates, as described in Section 122.2.3.

2. Tests - The Demolition Contractors' Certification Board shall prescribe the form and content of tests, as described herein, and the form or content of demolition certificates, as herein described.

3. Hearings - The Demolition Contractors' Certification Board shall hold hearings and call witnesses pursuant to certificate issuance or rules and regulations pending, and shall be permitted to call special hearings related to complaints by citizens concerning demolition procedures or rules and regulations.

A. The Demolition Contractors' Certification Board (hereinafter referred to as the Demolition Board) shall meet as often as is necessary to conduct its business. The Demolition Board will set and hold hearings for annual re-certification as required.

B. The Demolition Board shall meet up to twelve times each year for the purpose of testing or re-testing applicants for certification.

C. For any special session requested and called for by the elected chairman of the Demolition Board for any purpose set forth in the rules adopted and published by the Demolition Board.

D. For the purposes of suspending or revoking any demolition certificates previously issued when the code official finds that any holder of a demolition certificate has violated any of the provisions of this code or any rule or regulation adopted by the Demolition Board. The code official shall serve upon the holder of the demolition certificate a written notice signed by the code official of any findings stating the violation or violations which the code official has found the certificate holder to have committed, and stating that a hearing will be held before the Demolition Board in not less than five days nor more than fifteen days. Such written notice shall further state that the purpose of such hearing shall be the revocation or suspension of the named person's demolition certificate as a demolition contractor. Such notice shall state further that the holder of the demolition certificate has the right to appear personally at such hearing and to be represented by counsel of the holder's choice. The Secretary of the Demolition Board shall mail a written notice of the time, date and place of any such hearing to the holder of the demolition certificate at the last address furnished to the Demolition Board in the registration statement required to be filed by Section 122.3.4 paragraph 1-A.

4. Adoption of Rules - The Demolition Board shall be permitted to adopt rules and regulations consistent with the provisions of this ordinance and the laws of the City of Saint Louis related to demolition. Such rules and regulations shall be published in the City Journal for two consecutive issues prior to becoming effective.

122.3.3 Tests: In the performance of its powers and duties for the approval, denial, revocation or suspension of a demolition certificate, the Demolition Board shall be permitted to prescribe oral or written tests or both to establish the applicant's ability and knowledge of the laws and regulations of the City of Saint Louis. If tests are administered, equivalent testing shall be required of all demolition contractors within the same class of certificate.

122.3.4 Required conditions prior to issuance of demolition certificate:

1. Filing of registration statement - No Class I or Class II demolition certificate or any temporary certificate or special certificate, as specified herein, shall be issued to any person, partnership, officer of any corporation, or any person doing business under a fictitious name, whether such name be legally registered or not, or corporation doing business in or conducting wrecking activities as herein defined, unless there is first filed with the Demolition Board a certified statement, by any such person, if an individual; by all persons who constitute any partnership; by all persons, individuals and officers of any corporation doing business under a fictitious name, whether such name be legally registered or not, or corporation doing business in or conducting demolition or wrecking activities as herein defined; by the president and secretary of any corporation, setting forth the following:

A. All the names and current addresses of all such persons, who are individuals or partners of any partnership; all the names and current addresses of all persons doing business under a fictitious name, whether such name be legally registered or not; the legally registered name and address of any corporation doing business, together with the date when registered and the number assigned by the Secretary of the State; in or conducting demolition or wrecking activities, as described in Section 203.0, stating the date of registration with the registration number assigned by the Secretary of the State of Missouri, and the written verification by the Secretary of State that the corporation is currently in good standing and authorized to do business in the State of Missouri.

2. Filing proof of public liability insurance coverage and required endorsements: Prior to the issuance of any demolition certificate as a demolition contractor, there must be filed with the Demolition Board the following:

A. A public liability insurance policy, in the minimum amount of one hundred thousand dollars, limits payable for injury to and including the death of, for any one person; and in the minimum amount of three hundred thousand dollars, limits payable for any injuries including death to any two or more persons injured in any one accident; and in the minimum amount of fifty thousand dollars, limits payable to one or more persons for property damage at any time by reason of the carelessness or negligence of any person or persons holding any demolition certificate, or any corporation, any officer of which holds a demolition certificate, and all their agents and employees.

B. As a further condition prior to the issuance of any permit to demolish or wreck any building or structure within the City of Saint Louis, the Demolition Board shall be permitted to require that the minimum liability insurance coverage for bodily injuries, including death to one or more persons, and as to property damage, as set forth in paragraph 2-A above, be in a greater amount as to coverage, where the building or structure or portions thereof to be demolished or razed is in excess of three stories or fifty feet in height, or five thousand square feet in area, or two hundred thousand cubic feet in volume, to such minimum coverage as the Demolition Board determines is necessary to protect the public and persons and property adjoining said site and traveling nearby, in relation to the time when such demolition or wrecking operations are being conducted.

C. All such liability insurance policies required by this ordinance shall also contain the following endorsement: "The Insurer shall not cancel the coverage afforded by this policy unless the said insurer first delivers to the code official written notice of cancellation of such policy at least thirty days prior to such date of cancellation by either personally delivering such notice of cancellation and taking written acknowledgment of such receipt from the code official or authorized deputy or by mailing certified or registered mail and receiving a signed acknowledgment of registered mail and receiving a signed acknowledgment of such receipt from the code official or authorized deputy."

3. Approval - All such liability insurance policies required by this ordinance must be approved by the City Counselor as to form of such policies.

4. Demolition contracts - The City of Saint Louis Building Division demolition contracts are awarded to independent contractors who are not direct employees of, nor agents of, the City of Saint Louis. Any damage claims that should arise as a result of demolition must be made directly against the demolition contractor or the demolition contractor's insurance company. The City of Saint Louis shall be held harmless, and so noted on all demolition permits issued by the City of Saint Louis.

122.4 Demolition certificate fees: Certification fees and demolition contractors' certificate application fees shall be collected by the City of Saint Louis prior to issuance of a demolition certificate, as listed in Table 122.4. All fees required under Section 122.4 shall be collected by the Office of the Building Commissioner.

TABLE 122.4 DEMOLITION CERTIFICATE FEES

ITEM	FEE	DURATION	REMARKS AND REQUIREMENTS
Demolition Contractors Certification Board Certificate Applications	$ 30.00
Certification Fees: Class I Class II	200.00 90.00	1 year 1 year
Temporary Certificate Applications:	60.00
Certification fees: Class I Class II	120.00 30.00	6 months 6 months	Up to 6 months Up to 6 months
Special Certificate Applications:	60.00
Certification fees: Class I Class II	120.00 30.00		Per job basis Per job basis

122.5 Permits: The code official shall not issue permits to perform demolition or wrecking as herein defined to any person, partnership, or corporation, or persons doing business under a fictitious name unless said permit applicant holds a current and proper class of demolition certificate.

122.5.1 Suspension of certificate: Any person, including any officer of any corporation, holding any demolition certificate found performing demolition or wrecking, as herein defined, without proper permits, as prescribed by this code, shall be additionally subject to certificate suspension or revocation by the Demolition Board.

122.6 Standards of qualification and testing: For the purpose of demolition contractor certification described herein, the Demolition Board shall qualify and test in accordance with the following Standards of Acceptance:

1. Qualifications:

A. Class I certificates - Class I demolition contractor applicants, in addition to the requirements herein, must show documented proof of any one of the following: That said applicant has been:

a. Safely and legally doing business as a Class II demolition contractor for at least five years, and shows access to the proper equipment and personnel to perform Class I demolition activities; or

b. Safely and legally doing business in demolition contracting for at least three years, involving buildings of substantial size being in excess of heights, areas and volumes described for a Class II demolition certificate, as described in Section B, and shows access to the proper equipment and personnel to perform Class I demolition activities; or

c. In receipt of a Class I temporary certificate, and has safely and legally performed Class I demolition activities within the City of Saint Louis under said certificate.

B. Class II certificates - Class II demolition contractor applicants, in addition to the requirements herein, must show documented proof of any one of the following: That said applicant has been:

a. Safely and legally doing business in demolition contracting for at least three years and shows access to the equipment and personnel to properly perform Class II demolition activities; or

b. Legally employed by a qualified Class I or Class II demolition contractor, as herein described, for at least three years, and shows access to the equipment and personnel to properly perform Class II demolition activities; or

c. In receipt of a Class II temporary certificate, and has safely and legally performed Class II demolition activities within the City of Saint Louis under said certificate.

C. Temporary, either class: The Demolition Board, under prior test, shall be permitted to reduce the years of experience or years doing business as a demolition contractor for temporary class certificates, or accept demolition certificates or licensing from other cities or administrative review bodies for temporary class certificates, when such other license or certificate is predicated upon qualifications equivalent to the temporary class certificate applied for either of the above, subject to evidence of equipment and personnel, as defined in the certificate qualifications for Class I or II, as applicable to the temporary class so applied. The Demolition Board shall be permitted to issue, at its discretion, such temporary class certificates to recently established demolition companies or corporations which have filed the proper applications and submitted documentation of adequate personnel and equipment to perform said demolition activities.

2. Testing - All tests, as described in Section 122.3.2, shall be designed to establish the applicant's knowledge of safety and precaution as it relates to demolition activities, and shall involve questions directly oriented to laws and regulations of the Building Code of the City of Saint Louis pertinent to demolition activities and published demolition safety rules and regulations as described herein.

3. Violations - Any person who shall fail to comply with any of the requirements of Section 122.0 shall be guilty of a violation of this code, and shall upon conviction thereof be subject to the penalties as set forth in Section Four. Each day that any violation continues shall constitute a separate and distinct offense.

122.7 Appeals: Any person, partnership or corporation, or combination thereof, doing business under a fictitious name, aggrieved by any decision of the Demolition Board, shall be permitted to appeal said decision to the Board of Building Appeals in the manner described in Section 121.0.

SECTION 123.0 EXISTING STRUCTURES

123.1 Continuation of existing occupancy: The legal occupancy of any building, structure or premises existing on the date of adoption of this code, or for which it has been heretofore approved, shall be permitted to continue without change, except as is specifically covered in this code, the Property Maintenance or Fire Prevention Codes listed in Chapter 35, or as is deemed necessary by the code official for the general safety and welfare of the occupants and the public.

123.2 Change in occupancy: It shall be unlawful to make any change in the use or occupancy of any building, structure or premises or portions thereof which would subject it to any special provisions of this code without approval of the code official, and the code official's certification that such building, structure or premises meets the intent of the provisions of law governing building construction for the proposed new occupancy, and that such change does not result in any greater hazard to public safety or welfare.

123.3 Additions, alterations or repairs: Additions, alterations or repairs to any building or structure shall conform to that required of a new building or structure without requiring the existing building or structure to comply with all the requirements of this code. Additions, alterations or repairs shall not cause an existing building or structure to become unsafe or adversely affect the performance of the building or structure. Any building or structure plus new additions shall not exceed the height, number of stories and area specified for new buildings or structures. Alterations or repairs to an existing building or structure, which are structural or adversely affect any structural member or any part of the building or structure having a required fire resistance rating, shall be made with materials required for a new building or structure.

123.4 Substantial rehabilitation: Existing buildings or structures in which there is work involving substantial repairs, alterations, additions or change of use, shall be made to conform to this code by applying the requirements of Chapter 34, or the provisions of Chapters 2 through 33.

123.5 Subdividing of lots: No existing building shall be subdivided into two or more lots unless there is a fire wall along each such lot line, and each building on the subdivided lots has separate utilities served only through each respective lot.

SECTION 124.0 REPAIRS AND MAINTENANCE

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

124.2 Structural Damage Building Repair: Repairs to buildings that are determined by the code official to have sustained moderate or serious structural damage due to property maintenance neglect, improper alterations, fire, earthquake, wind, flood or other natural disasters, shall require a building permit with construction documents prepared, sealed and signed by a registered design professional who is licensed in the State of Missouri.

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

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

Modify Section 202.0 General definitions by the addition or changing of definitions to read as follows:

Custodian of records: The custodian of records shall be that person who directly supervises the particular section within the Division of Building and Inspection from which records are being requested.

Occupancy permit: The permit issued by the code official which certifies that the building or structure has been inspected and has complied with the applicable provisions of all City of Saint Louis ordinances, as enforced by the Division of Building and Inspection.

Owner: Any person, firm or corporation having a legal or equitable interest in the property, or their agent, operator or collector of rent, or any other person, firm or corporation exercising any care or control of the property; or any person, firm or corporation recorded in the official records of the state, county, or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executive administrator of the estate of such person, if ordered to take possession of real property by a court.

Parking lot: Any parcel of land used, in whole or in part, for the parking of vehicles for which a charge is or is not be made. Legal off-street parking for up to four-family dwellings shall not be considered a parking lot.

Telephone, outdoor pay: A telephone for hire located on private property, which is not located within a building used for additional purposes with controlled access by means of a door or doors that can be locked.

Add Section 203.0 to read as follows:

SECTION 203.0 DEFINITIONS FOR DEMOLITION PURPOSES ONLY

Backfill: Clean, uncontaminated soil, rock, sand, gravel, concrete, asphaltic concrete, cinder blocks and bricks.

Building: A structure enclosed within exterior walls, fire walls, or party walls, built, erected and framed of component parts, designed for the housing, shelter, or enclosure and support of individuals, animals or property of any kind, which is in excess of one and one half stories or fifteen feet in height or ten thousand cubic feet in volume or one thousand square feet in area without a basement.

Demolition clearing, grading or backfilling: A portion of demolition activity in which clearing, grading, or backfilling operations are conducted at the demolition site in conjunction with the demolition of the building or structure, as herein defined.

Demolition salvaging: A portion of demolition activity which is conducted at the demolition site in such a manner as to reuse the existing construction materials or fixtures from the building or structure, such as brick, lumber, fixtures, steel, ornamental iron or fencing; their removal or cleaning, palletizing, stacking, storing or loading onto vehicles for shipment.

Demolition wrecking: The removal of all or portions of buildings or structures to include: on site salvaging, on site loading, and on site backfilling, grading or clearing as herein defined; but does not include: the actual hauling of scrap, debris and miscellaneous materials away from the demolition site, or the removal of miscellaneous partitions, machinery, equipment, plaster, mortar, paint, fixtures, trim or finish, when performed in conjunction with building repairs or alteration work; nor does this definition include the complete relocation of buildings or structures from one site for reassembly at another site.

Demolition or wrecking contractor: Any person, firm, partnership or group of persons doing business under a fictitious name, whether such name be legally registered or not, or corporation doing business in or conducting demolition or wrecking activities as herein defined.

Demolition or wrecking contractor employee: Any person employed by a demolition contractor in conjunction with demolition activities, as herein defined.

Structure: An assembly of materials forming the construction for occupancy or use, including among others: buildings, stadiums, platforms, towers, water tanks, trestles, above grade piers, wharves, open sheds, shelters, signs, etc., which exceed fifteen feet in height or one thousand square feet in area or ten thousand cubic feet in volume; but not to include: tents, temporary reviewing stands, staging or statues less than thirty feet in height, fences, displays or signs less than thirty feet in height.

Change Section 301.2 to read as follows:

301.2 Application of other laws: The provisions of this chapter shall not be deemed to nullify any provisions of the Zoning Ordinance or any other statute of the City of Saint Louis pertaining to the location or occupancy of buildings, except as specifically required by the provisions of this code.

Table 302.1.1SPECIFIC OCCUPANCY AREAS

Room or aread	Seperationa/protection
All use groups: Paint shops in occupancies other than Use Group F employing hazardous materials in quantities less than those which cause classification as Use Group H	2 hours; or 1 hour and automatic fire suppression system
Waste and soiled linen collection rooms and chute termination rooms	1 hour and automatic fire suppression system
Waste and soiled linen chute access rooms	1 hour; or automatic fire suppression system with smoke partitions
Boiler and furnace rooms	1 hour; or automatic fire suppression system with smoke partitions
Incinerator rooms	2 hours and automatic fire suppression system
Use Groups A, B, E, I-1, R-1, R-2:^b,c Storage rooms more than 50 square feet in area but not more than 100 square feet in area	1 hour: or automatic fire suppression system with smoke partitions
Storage rooms more than 100 square feet in area	Automatic fire suppression system with smoke partitions
Physical plant maintenance shop and workshop	2 hours: or 1 hour and automatic fire suppression system
Use Group I-2, I-3: Boiler and furnace rooms	1 hour and automatic fire suppression system
Handicraft shops, kitchens, and employee locker rooms	1 hour; or automatic fire suppression system with smoke partitions
Laundries greater than 100 square feet in area	1 hour and automatic fire suppression system
Storage rooms more than 50 square feet in area but not more than 100 square feet in area	Automatic fire suppression system with smoke partitions
Storage rooms more than 100 square feet in area	1 hour and automatic fire suppression system
Physical plant maintenance shop and workshop	1 hour and automatic fire suppression system
Use Group I-2:Gift/retail shops and laboratories employing hazardous quantities less than those which cause classification as Use Group H	1 hour; or automatic fire suppression system with smoke partitions
Use Group I-3 padded cells	1 hour and automatic fire suppression system

Note a. For requirements for fire resistance rated separations and smoke partitions, see Section 302.1.1.1.

Note b. Basement storage rooms or common areas of Use Group R-2 shall have a fire suppression system or a hard wired smoke detection system connected to remote horns on the floors above. If the entire building is required to have an automatic fire suppression system, this option is not available.

Note c. Storage rooms more than fifty square feet but not more than one hundred square feet in area shall be permitted to substitute a hard wired automatic smoke detection system with smoke partitions for automatic sprinklers, unless the entire building is required to be sprinklered by other provisions of this code.

Note d. 1 square foot = 0.093 m²

Change Section 305.2 to read as follows:

305.2 Day care facilities: A day care facility which provides care for more than 10 persons more than 2½ years of age for less than 24 hours a day shall be classified as Use Group E. A day care facility with more than 4 and not more than 10 occupants shall be classified as residential care, Occupancy Condition

1. A day care facility with four or less occupants shall be classified as a residential use group.

Change Section 308.2 to read as follows:

308.2 Use Group I-1: This use group shall include buildings and structures which house more than 10 individuals who, because of age, mental disability or other reasons, must live in a supervised environment but who are physically capable of responding to an emergency situation without personal assistance. Where accommodating persons of the above description, the following types of facilities shall be classified as I-1 facilities: board and care facilities, half-way houses, group homes, social rehabilitation facilities, alcohol and drug centers and convalescent facilities. A facility such as the above with four or less occupants shall be classified as a residential use group. Such a facility with more than 4 and not more than 10 occupants shall be classified as residential care, Occupancy Condition 1.

Change Section 308.3.1 to read as follows:

308.3.1 Care facility: A care facility which accommodates, for any length of time, more than 10 occupants 2½ years of age or less or occupants who are not capable of responding to an emergency situation shall be classified as Use Group I-2. A facility such as the above with more than 4 and not more than 10 occupants shall be classified as residential care, Occupancy Condition 2.

Change definition in Section 310.2 to read as follows:

Residential care facility: A facility where more than four and not more than ten occupants receive personal care in a supervised environment. A residential care facility shall be classified as Occupancy Condition 1 or 2.

Occupancy Condition 1: This occupancy condition shall include occupants more than 2½ years of age who are capable of responding to an emergency situation. Occupancy Condition 2: This occupancy condition shall include occupants 2½ years of age or less or occupants of any age who are not capable of responding to an emergency situation.

Add Sections 310.5.1 and 310.5.2 to read as follows:

310.5.1 Care facilities: A care facility which accommodates four or less occupants of any age shall be classified as Use Group R-3.

310.5.2 Care facilities providing home day care licensed by the State of Missouri: Family Child Care Homes providing home day care for more than four unrelated children at any one time are exempt from this code if they meet the licensing capacities listed below, possess a valid State of Missouri license, are inspected by the Missouri Department of Health and the State of Missouri Fire Marshal's Office and meet all provisions of the Zoning Ordinance of the City of Saint Louis.

1. If there is one adult provider, the family child care home shall be allowed to be licensed for up to six children including a maximum of three children under age two, or for up to ten children including a maximum of two children under age two. If only four children are present, all the children shall be permitted to be under the age of two.

2. If the provider has an adult assistant present, the family child care home shall be allowed to be licensed for up to ten children including a maximum of four children under age two, or for up to eight children who shall be permitted to be all under age two.

3. A family child care home shall be allowed to be licensed at maximum capacity for a period of eighteen consecutive hours of the twenty-four hour day. For the remaining six hours of the twenty-four hour day, care shall be allowed to be provided for one-third the licensed capacity of the home.

If the applicant furnishes a copy of their State of Missouri Family Child Care Home License for ten children or less, they shall receive a Home Occupation Permit Waiver subject to approval by the Board of Public Service as a Conditional Use or the Board of Adjustment as a Variance to the Zoning Code. If an occupancy permit waiver is issued, the Building Division - Inspection Section will not inspect such State Licensed Family Child Care Home, unless a Building Code or Zoning Ordinance complaint is received. Zoning Ordinance complaints will be investigated by the Building Division; however, Building Code complaints will be forwarded to the State of Missouri, Department of Health, Bureau of Child Care Safety and Licensure. Should seven calendar days elapse without response from the State of Missouri, Department of Health, Bureau of Child Care Safety and Licensure, the Building Division is empowered to investigate the complaint.

Delete Section 310.6 as printed.

Delete Section 403.3.2 as printed.

Add Section 407.5.1 to read as follows:

407.5.1 Sloped floor: In lieu of the four inch difference between garage and adjacent interior spaces, the garage floor shall be permitted to start level with the interior spaces and slope a minimum of four inches toward the exterior garage door.

Change Sections 415.1 to read as follows:

415.1 Special industrial buildings: Chemical plants, packing plants, grain elevators, steel mills, shot towers, icehouses, refineries, flour mills and other special industrial structures shall be permitted to be constructed in accordance with the recognized practices and requirements of the specific industry. The building official shall be permitted to allow such variations from the requirements of this code which will secure reasonable and economic construction with all the necessary fire, life and property safeguards. In granting such variations, due regard shall be given to the construction and isolation of the structure as well as the fire hazard from and to surrounding property, as provided in the Zoning Ordinance, or as covered under other sections of this code.

Change Section 418.3.2 to read as follows:

418.3.2 Flammable and combustible liquids: The storage, handling, processing and transporting of flammable and combustible liquids shall be in accordance with the Mechanical Code and the Fire Prevention Code listed in Chapter 35. Where a Class I, II or IIIA flammable or combustible liquid is stored in tanks inside the building, the installation shall conform to Sections 418.3.2.1 through 418.3.2.10 and NFPA 30 listed in Chapter 35. The requirements shall only apply where tanks have an individual storage capacity that exceeds the exempt amounts specified in Tables 307.8(1) and 307.8(2). The fire area containing the tank(s) shall be classified as Use Group H-2.

The installation or removal of above-ground and under-ground storage tanks shall require a permit issued from the Fire Marshal’s Office, and shall be subject to their regulations. Above-ground storage tanks are also subject to the requirements of the Zoning Ordinance, and shall require a building permit for the construction of their structural support.

Add Section 421.1.1 to read as follows:

421.1.1 Enforcement: Private above ground swimming pools for Use Group R 3 occupancies shall be under the authority of the City of Saint Louis Health Department for permits and enforcement. All other pools shall be jointly under the authority of the Division of Building and Inspection and the Health Department for permit issuance, and under the Health Department for compliance thereafter.

Add Section 423.0 to read as follows:

SECTION 423.0 PARKING LOTS AND OTHER PAVED SURFACES

423.1 Building permit requirement: A building permit is required for the construction or resurfacing of any parking lot.

Exceptions:

1. Restriping an existing parking lot that otherwise complies with this ordinance providing the existing stripes are to be repainted. The addition or relocation of parking spaces or aisles requires a building permit.

2. Lots or paved areas serving Use Group R-3, detached single family.

3. Paved areas less than 3,000 square feet for Use Group R-3, multiple single family or Use Group R-2.

4. Pothole and rut repair.

423.2 Parking lot construction:

423.2.1 Surface: Parking lots shall be paved and surfaced with concrete, bituminous or other approved materials on an appropriately constructed base course.

423.2.2 Access lanes: Access lanes, aisles and parking spaces shall be provided in accordance with the Zoning Ordinance of the City of Saint Louis.

423.2.3 Curb cuts: Parking lots shall be arranged to afford ready means of entrance and exit, and separate permits shall be secured for curb cuts from the City of Saint Louis Street Department.

423.2.4 Protection of adjoining property: A curb at least four inches above the parking lot surface shall be provided around the perimeter of the parking lot, exclusive of driveway areas, to prevent the washing of debris and extraneous matter onto the adjoining property or public right-of-way. Parking lots shall be provided with concrete wheel stops at least six inches above the parking lot surface and placed to prevent the parked vehicle from extending over the adjacent property or public right-of-way. Wheel stops shall be so positioned such that both wheels of any car parked in the space shall contact the wheel stop. All such wheel stops shall be located inside the property line, adjacent to the public sidewalk(s), public right-of-way and adjacent properties.

423.2.5 Drainage: Up to three thousand square feet of parking and other paved areas shall be permitted to discharge via a driveway to each public or private street frontage, and an additional three thousand square feet shall be permitted to discharge into a public alley. Areas larger than this must have any excess area discharge into interceptor basins, as specified in the Plumbing Code.

423.2.6 Striping: The parking spaces shall be clearly striped and marked.

423.2.6.1 Accessible spaces: Spaces required to be accessible to persons with disabilities shall be properly designated both by the appropriate logo painted in the space and a sign in front of the space, in accordance with CABO A117.1, listed in Chapter 35, and in full compliance with Section 1105.0.

423.2.7 Parking lot offices: The construction of parking lot offices in excess of thirty-five square feet shall be in accordance with the Building Code.

423.2.8 Lighting: Parking lots of more than twenty five parking spaces intended for night time use shall have an illumination of not less than two tenths foot candle averaged over the parking surface. Such lights shall be so arranged as to direct the light away from adjoining dwellings. Such illumination shall be provided during the evening hours of operation of the premises that the lot serves.

Exception: If the parking lot has adequate light available from existing sources, the requirements for lighting shall be waived at the option of the code official. Lots serving residential dwelling units are not required to provide illumination.

423.2.9 Signs: Each operator of a parking lot charging by the hour or by the day shall display in a prominent location a sign clearly visible to motorists bearing:

1. The name of the operator.

2. The usual hours of operation.

3. The highest daily or hourly rate schedule, if applicable.

4. The highest night or special event rate schedule, if applicable.

5. The hours an attendant is normally on duty.

Where a single rate is charged or where a daily or hourly rate is charged, the highest rate in each category shall be posted in figures that shall not be less than four inches in height. If any nightly or special event rate exceeds the hourly or daytime rate, then this rate shall be posted, and the figures for each of these rates shall be of the same size as those used to post daily and hourly rates. All other parking rates shall be posted legibly in a prominent location.

Nothing in any ordinance regulating the location of signs shall prohibit the erection of a sign which is not internally illuminated, nor exceeds fifteen square feet in area, nor five feet in its longest dimension, to comply with the above requirement for identification of a parking lot. All such signs shall be erected and maintained in accordance with law.

Add Section 424.0 to read as follows:

SECTION 424.0 FENCES

424.1 Requirements: Fences shall be subject to the following requirements:

1. No fence exceeding forty-two inches in height shall be erected in front of the building line, as determined by the guidelines and requirements set forth in the Zoning Ordinance, when constructed for uses in residential zones. Front yard building lines for corner lots are also determined by the provisions set forth in the Zoning Ordinance.

2. All other fences in residential zones shall be permitted to be erected to a height not to exceed eight feet along side or rear interior property lines.

3. Along alley property lines in residential zones, fences fifty percent or less opaque shall be permitted to be erected to a height not to exceed ten feet.

4. No barbed wire fence or fence topped with barbed wire, razor ribbon or like material shall be erected for any Use Group in residential zones unless approved by the Board of Public Service. No strand of barbed wire, razor ribbon or like material on any fence shall be closer than seven feet to the ground.

5. Fences around swimming pools are subject to the requirements described in Section 421.10.

6. The property owner shall be responsible for locating property lines as they pertain to location and construction of fences.

7. Two fences of different heights and materials shall be permitted to abut each other on a property line, provided each is on its own property, and all height regulations are followed. There are no provisions as to which side the fence must face.

8. No electrically charged fences shall be erected in the City of Saint Louis.

9. No fence shall be erected, built or installed in a side or front yard where there is no sidewalk and where the side or front yard abuts a public street.

Change Section 601.2 to read as follows:

601.2 Application of other laws: The provisions of this chapter shall not be deemed to nullify any provisions of the Zoning Ordinance or any other statute of the City of Saint Louis pertaining to the location or type of construction of buildings, except as is specifically required by the provisions of this code.

Modify Table 705.2 to read as follows:

Table 705.2 EXTERIOR WALL FIRERESISTANCE RATINGS^b,e

	Use Group^a
Fire separation distance (feet)^g	H-2	F-1, H-3, M, S-1,U^d	A, B, E, F-2H-4, I, R-1, S-2	R-2^c,R-3^c U^c
0 to 3^f 3 to 5^f	4 4	3 3	2 2	1 0
Greater than 5 to 10 Greater than 10 to 15	3 2	2 1	1 0	0 0
Greater than 15 to 30 Greater than 30	1 0	0 0	0 0	0 0

Note a. For requirements for Use Group H-1, see Section 705.2.1.

Note b. Fire resistance ratings are expressed in hours.

Note c. Use Group R 2, R 3, private garages and sheds that are accessory structures to a single-family dwelling less than 3 feet to an interior property line shall have an exterior wall fireresistance rating of 1 hour.

Note d. Utility and miscellaneous occupancies in Table 312.2 but not including private garages and sheds that are accessory structures to a single-family dwelling.

Note e. For requirements for aerosol warehouses, see Section 705.2.2.

Note f. For requirements for fire walls for buildings with differing roof heights, see Section 707.6.4.

Note g. 1 foot = 304.8 mm.

Change Table 705.3 to read as follows:

Table 705.3 MAXIMUM PERCENT AREA OF EXTERIOR WALL OPENING^a

	Fire Separation Distance (feet)^e
Classification of opening	0 to less than 3^d	3 to less than 5	5 to less than 10	10 to less than 15^b,c	15 or greater
Unprotected	5%	25%	35%	60%	No Limit
Protected	15%	50%	75%	No Limit	No Limit

Note a. Values given are percentages of the area of the exterior wall. This table assumes that the openings are reasonably uniformly distributed. Where openings are not reasonably uniformly distributed, the portion of the wall utilized to calculate compliance with Table 705.3 shall be approved. Note b. The area of openings in an open parking structure with a fire separation distance of greater than 10 feet shall not be limited. Note c. For occupancies in Use Group H-2 or H-3, unprotected openings shall not be permitted for openings with a fire separation distance of 15 feet or less. Note d. For requirements for firewalls for buildings with differing roof heights, see Section 707.6.4 Note e. 1 foot = 304.8 mm.

Change Section 901.3 to read as follows:

901.3 Nonrequired systems: Any fire protection system or portion thereof not required by this code shall be permitted to be furnished and installed for partial or complete protection provided that such installed system shall meet all applicable requirements of this code. A building permit shall be required for fire suppression systems not required by this code. A building permit shall not be required for fire detection systems not required by this code.

Exceptions:

1. All High Hazard Use Groups.

2. When stipulated in a decision of the Board of Building Appeals.

3. When ordered by the Building Commissioner or Fire Marshal.

4. When the building owner requests approval and an acceptance test by the Fire Marshal's Office.

Add Exception 3. to Section 904.1 to read as follows:

3. An automatic fire suppression system shall not be required in non-combustible elevator equipment rooms, provided these rooms are equipped throughout with an automatic fire/heat detection system in accordance with Section 919.0. When installed, the automatic fire suppression system shall comply with Section 3006.2.3.

Change Section 904.9 to read as follows:

904.9 Use Group R 2: An automatic fire suppression system shall be provided throughout all buildings with an occupancy in Use Group R 2 in accordance with Section 906.2.1 or 906.2.2.

Exceptions:

1. Buildings which do not exceed three stories, including basements which are not considered as a story above grade, and with a maximum of twelve dwelling units per fire area.

2. Buildings which do not exceed four stories, including basements which are not considered as a story above grade, and which do not exceed three stories without basements, with a maximum of one dwelling unit per story, and each dwelling unit has access to at least two independent means of egress.

Delete Sections 906.9 through 906.9.6 as printed.

Change Section 907.2.1 to read as follows:

907.2.1 Within a fire area: A limited area sprinkler system shall be permitted within a building provided that twenty sprinklers or less are required based on the spacing limitations of NFPA 13 listed in Chapter 35.

Add Section 907.3.1 to read as follows:

907.3.1 Backflow: A backflow preventer is not required on limited area sprinkler systems using approved copper or plastic sprinkler piping.

Change Section 921.2(1) to read as follows:

1. In all occupancies in Use Group A 1, A 2, A 3, B, E, I 2, M, R 1 or H, and all R-2 occupancies of twelve units or more. These shall be in locations approved by the Fire Marshal.

Add Section 1008.4 to read as follows:

1008.4 Posted occupant load: Every room or space constituting a place of assembly shall have the approved occupant load of the room or space posted in a conspicuous place. The approved occupant load sign shall be installed and maintained in a legible manner by the owner or the owner's authorized agent. The sign shall be durable and shall indicate the number of occupants permitted for each room or space used. Assembly rooms or spaces which have multiple use capability shall be posted for all such uses.

Change Section 1010.4 by the addition of Exception 4 to read as follows:

4. Bars, grilles or security screens on emergency windows in all new buildings shall be permitted on the first story and basement provided that the dwelling is equipped with an approved hard-wired smoke detection system, as required in Section 919.0.

Change Section 1011.4 by the addition of Exception 3 to read as follows:

3. In all uses other than Use Groups R 1, R 2 and I 1, a fireresistance rating is not required for exit access corridors serving thirty or fewer occupants.

Change Section 1014.1 to read as follows:

1014.1 General: All stairways shall comply with the provisions of this section. Section 1014.11 shall be applicable only to interior stairways. Section 1014.12 shall be applicable only to exterior stairways.

Exception: Where there are proposed alterations to buildings of Use Group R-3, which do not constitute a change in use or occupancy or within dwelling units of Use Group R-2 the requirements of Sections 1014.3, 1014.6 and 1014.7 shall not apply.

Change Section 1014.3 to read as follows:

1014.3 Stairway width: The width of all stairways shall not be less than 44 inches (1118 mm).

Exceptions:

1. Stairways serving buildings of single-exitt construction where permitted by Section 1010.3 shall not be less than 36 inches (914 mm) in width.

2. Spiral stairways as provided for in Section 1014.6.4.

3. Stairways serving a single residential dwelling unit shall not be less than 36 inches (914 mm) in width.

4. Stairways serving buildings having a total occupant load of 50 or less shall not be less than 36 inches (914 mm) in width.

5. Where a stairway lift is installed on stairways serving occupancies in Use Group R-3 or within dwelling units in occupancies in Use Group R-2, a clear passage width not less than 20 inches (508 mm) shall be provided.

Change Sections 1014.3.1 and 1014.3.2 to read as follows:

1014.3.1 Restrictions: Stairways shall not reduce in width in the direction of egress travel. Projections into a required stairway width are prohibited.

Exceptions:

1. At and below handrail height where, at each handrail, projections into the required width of a stairway shall not exceed 4½ inches (114 mm).

2. Above the minimum headroom height required in Section 1014.4, projections into the required width shall not be limited.

1014.3.2 Landing width: The least dimension of landings and platforms in stairways shall not be less than the required width of the stairway, except that the landing dimension in the direction of egress travel is not required to exceed 4 feet (1219 mm) where the travel from one stair flight to the next stair flight is a straight run.

Change Section 1014.5 to read as follows:

1014.5 Vertical rise: A stairway shall not have a height of vertical rise of more than 12 feet (3658 mm) between landings and intermediate platforms.

Change Section 1014.6.6 to read as follows:

1014.6.6 Alternating tread stairways: Alternating tread stairways of noncombustible construction are permitted as a means of egress in buildings from a mezzanine area not more than two hundred fifty square feet (23 m²) in area and serving not more than five occupants; and in penal facilities, from a guard tower, observation station or control room not more than two hundred fifty square feet (23 m²) in area.

Change Section 1014.7 to read as follows:

1014.7 Stairway guards and handrails: Stairways shall have continuous handrails on both sides. Guards shall be provided where required by Section 1005.5 Intermediate handrails are required so that all portions of the required width of stairs are within forty-four inches (1118 mm) of a handrail. On monumental stairs, handrails shall be located along the most direct path of egress travel. Handrails shall be provided for alternating tread stairways in accordance with Section 1014.6.6.1. Only one handrail is required on stairways having a width of less than forty-four inches (1118 mm). Guards shall be constructed in accordance with Section 1021.0. Handrails shall be constructed in accordance with Section 1022.0.

Exceptions:

1. Stairways with fewer than three risers are not required to have handrails where serving a single dwelling unit or where such stairways are not an exit access corridor or aisle, exit or exit discharge.

2. Aisle stairs provided with a center handrail or serving seating on one side shall be equipped with a minimum of one handrail.

3. Stairways within a dwelling unit shall be equipped with a minimum of one handrail.

4. Spiral stairways shall be equipped with a minimum of one handrail.

5. Exterior stairs of five risers or less from grade shall not be required to have a handrail.

Change Exception 1 of Section 1017.4.1 to read as follows:

1. Single dwelling units of R 2 or R 3 Use Groups.

Delete Sections and 1022.2.5.

Change Sections 1027.1 and 1027.1.1 to read as follows:

1027.1 By stairway or ladder: In buildings more than three stories in height above grade, except those with a roof slope greater than four units vertical in 12 units horizontal (4:12), access to the roof shall be provided by means of a stairway or a ladder and trap door. The ladder shall not be on the exterior of the building. Where the roof is used as a roof garden or for other habitable purposes, sufficient stairways shall extend to the roof to provide the necessary exit facilities from the roof as required for such occupancy. Roof trap doors shall be constructed to comply with Section 1510.2.

1027.1.1 Optional stairway or ladder: In buildings not required to have a stairway or ladder to the roof, such devices, if provided, shall conform to the provisions of this section. This shall include such access to equipment platforms. Ladders, placed on the exterior of the building shall be of metal, and, if extending 20 feet (6096 mm) in height, shall have a protective cage or other safety device. The siderails of exterior ladders shall be carried over the coping or parapet to serve as handrails. Other design details of such exterior ladders are subject to approval.

Add Section 1103.3 to read as follows:

1103.3 Technically infeasible: Instances where total accessibility in a renovated or altered building is not technically feasible shall be determined by the Commissioner on the Disabled. If the Commissioner determines that accessibility can be achieved on only one level of a multi-floor renovated or altered building, then a letter of agreement to the registered design professional, shall be drafted and signed by the Commissioner on the Disabled, outlining the accessibility requirements for the floor to be made accessible. Permits for the renovated or altered building shall be only issued contingent upon compliance with the letter of agreement

Delete Sections 1213.0 and 1214.0 as printed.

Change Chapter 13 to read as follows:

CHAPTER 13

ENERGY CONSERVATION

SECTION 1301.0 GENERAL

1301.1 Scope: Buildings shall be designed and constructed in accordance with the Energy requirements listed in Table 1301.1.

It is not the intent of the program to endorse one insulation material over another, nor to prescribe design and/or construction methods whether implied and/or expressed in the context of these standards

Table 1301.1 Energy Requirements

Energy Conservation Area	Program Standard
1. Insulation 1 .1 Ceiling over conditioned space 1. 2. Side walls surrounding conditioned space a. Frame (batt insulation) b. Masonry 1. 3. Separate Vapor Barrier (exterior walls) 1. 4 Sill seal 1. 5 Concrete slab, perimeter insulation 1 ½”^a 1. 6 Side walls of unvented heated crawl space 1. 7 Underside of floor over vented crawl space 1 .8 Interior walls separating unconditioned space from conditioned space, i.e. garage 1. 9 Ceiling of unconditioned space, separating conditioned space 1.10 All heating and air conditioning ducts through unconditioned space 1.11 Band joist insulation 1.12 Floors over unheated basement^b 1.13 Ducts coursing through unheated basement^b	R-25 R-13 or equivalent R-7 Required Required R-7.5 R-11 R-19 R-13R-19 1" duct wrap R-13 R-13 1" duct wrap
2. Windows and Doors 2. 1 Double glazing a. Insulated glass b. Storm windows 2.2 Doors a. metal insulated b. hollow core wood with storm door c. Solid wood	Either one qualifies Either a, b or c required
3. Sealants and Weather stripping 3.1 Weather stripping 3.2 Caulking: windows and doors	All exterior windows and doors
4. Heating and Air Conditioning Equipment & Systems 4.1 Heating equipment efficiency: gas, oil, electric 4.2 Cooling equipment efficiency^c 4 3 Temperature control^d	A.G.A Certified or A.N.S.I specification Z-21.47 A.R.I certified COP of 2.5 at 47o F. or 1.5 at 17o F. Oil institute certified or A.N.S.I. specification Z-91.1 ARI Thermostats required
5. Domestic Hot Water and Water Flow Conservation 5.1 Water saving toilets 5.2 Shower heads 5.3 Water saving spigot aerators	3.5 gallons per flush 3.0 gallons per minute Required

Note a. Slab on ground floors must have insulation extending downward from the top of the slab for twenty-four inches, or insulation must extend downward to the bottom of the slab then horizontally beneath the slab for a minimum total distance of twenty-four inches.

Note b. No heating element in basement - temperature maintained below 50o F.

Note c. Cooling equipment must have a minimum EER of 6.1. Lines with cold refrigerant gas must be insulated.

Note d. Heating thermostats must have a maximum setting of 75oF. Cooling thermostats must have a minimum setting of 70F. Auto or manual shutoff must be provided.

Add Exception 3 to Section 1407.4 to read as follows:

3. Balconies and similar appendages on buildings of Use Groups R 2 and R 3 of Types 3, 4 and 5 construction, three stories or less above grade, shall be permitted to be of Type 5 construction, and shall not be required to have a fire resistance rating.

Change Section 1512.1 and add Section 1512.1.1 to read as follows:

1512.1 Residential, 4 family or less: A permit is required for reroofing buildings or structures of Use Group R-3 and Use Group R-2, four dwelling units or less, which fall within any one of the following categories:

1. Where more than twenty-five percent of the roof sheathing is being replaced. The fastening method must be outlined in detail.;

2. Anytime a supporting joist, rafter, girder, truss member, or any other structural support is being replaced, strengthened, scabbed or altered by cutting, or is fire damaged. Depending on the building size, occupancy, etc., drawings, calculations and specifications shall be permitted to be required, each bearing the original seal and signature of a registered design professional in accordance with Section 114.1.3;

3. Where there is a change in roofing material which results in an increase in the loads imposed on the roof structure, or which results in an increase in the flammability of the roof structure. Sealed construction documents shall be permitted to be required.;

4. Buildings in designated city historic districts when the roofing is visible from the street;

5. Buildings located within three hundred feet of a city park or within three hundred feet of a city historic district where the roofing is visible from the park or historic district;

6. Roofing on a landmark building which is listed on a National Register;

7. Roofing on a local ordinance listed landmark building or on property facing a landmark when the roofing is visible from said landmark;

8. Buildings located within a city park or on city-owned property.

1512.1.1 All others: For buildings or structures of all other Use Groups and Use Group R-2 greater than four family, the repair of existing roofs and roof coverings shall comply with the provisions of Chapter 34, but no more than twenty-five percent of the roof covering of any building or structure shall be removed and replaced within any twelve month period unless the entire roof covering is made to conform to the requirements for new roofing.

Add Section 1608.3.1 to read as follows:

1608.3.1 City of Saint Louis criteria: For purposes of this code the ground snow load (Pg) shall be twenty pounds per square foot (psf).

Add Section 1609.3.1 to read as follows:

1609.3.1 City of Saint Louis criteria: For purposes of this code the basic wind speed (V) shall be seventy miles per hour.

Add Section 1610.1.3.1 to read as follows:

1610.1.3.1 City of Saint Louis criteria: For purposes of this code the effective peak velocity related acceleration (Av) shall be 0.125 and the effective peak acceleration (Aa) shall be 0.125.

Add Section 1610.1.9 to read as follows:

1610.1.9 Seismic review board: There is hereby established a Seismic Review Board which shall meet on call of the Building Commissioner as Chairman, and shall consist of said Commissioner and two other registered design professionals (an architect and an engineer) in the Division of Building and Inspection, who shall be appointed by the Building Commissioner. They shall be knowledgeable in seismic design. One of the members shall act as secretary. The purpose of the Seismic Review Board is to review questions from the Plan Exam Section concerning seismic design issues as they pertain to structural alterations to buildings, and questions concerning changes of use or occupancy. This Board will not design, but will answer questions raised by the Plan Exam staff. Decisions rendered by the Seismic Review Board can be appealed to the Board of Building Appeals, as provided in Section 121.3.

Change Section 1703.3.3 to read as follows:

1703.3.3 Test and inspection records: All required test and inspection records shall be accessible to the code official or quality assurance agency at all times during the fabrication of the unit or sub-assembly and the erection of the building; such records as the code official designates shall be filed in the office of the code official.

Add Section 1703.3.4 to read as follows:

1703.3.4 Inspection reports: All inspection reports shall be in writing and shall be certified by the licensed authority, or responsible officer of the service, or the individual when expert inspection services are accepted. An identifying label or stamp permanently fixed to the product indicating that factory inspection has been made shall be accepted in lieu of the aforesaid inspection report in writing if the intent or meaning of such identifying label or stamp is properly substantiated.

Add Section 1804.1.2 to read as follows:

1804.1.2 Sanitary landfills: No grading, excavation or construction of buildings or structures shall be permitted on or above land used or formerly used as a sanitary landfill, or above decaying deposits of organic materials, unless approved by the code official. The code official shall require a comprehensive report on the underlying soils, prepared by a registered professional engineer. This report shall take proper note of possible formation and release of combustible, explosive or toxic vapors or gasses emanating from the underlying deposits, and shall contain positive construction recommendations for elimination of such hazards.

Add Section 1806.1.1 to read as follows:

1806.1.1 City of Saint Louis criteria: For purposes of this code the frost depth shall be thirty inches below grade.

Delete Chapter 27 in its entirety. Refer to the City of Saint Louis Electrical Code.

Change Section 2807.2.1 to read as follows:

2807.2.1 Pipe: Pipe shall be noncombustible or insulated if combustible. All insulation shall meet the requirements of Section 2807.2.2. Plastic fire sprinkler piping in wet pipe systems shall be permitted where the piping has a peak optical density not greater than 0.50, an average optical density not greater than 0.15 and a flame spread not greater than 5.0 feet (1524 mm) when tested in accordance with UL 1887 listed in Chapter 35. Piping shall bear the label of an approved agency.

Delete Chapter 29 in its entirety. Refer to the City of Saint Louis Plumbing Code.

Add Section 3003.2.1 to read as follows:

3003.2.1 Permit fees: Fees for permits to install, construct, relocate or alter items controlled by this chapter shall be in accordance with fee schedules as provided in the Mechanical Code as adopted by the City of Saint Louis.

Change Section 3003.3 to read as follows:

3003.3 Identification of equipment: All elevators, moving stairways and autolifts subject to inspection shall be identified by a serial number provided by the code official. The number shall be imprinted on a metal tag which shall be affixed to the machinery. After such devices have been so designated, the serial number shall not be changed, except where approved by the code official, and all correspondence in regard to such device shall refer to said number.

Change Section 3004.3.1 to read as follows:

3004.3.1 Periodic tests: Periodic tests shall be made by an agency approved by the code official. The agency shall tag the equipment with the type of tests conducted and the date of the tests.

Change Section 3004.4.1 to read as follows:

3004.4.1 Periodic inspection intervals: Periodic inspections of elevators, escalators, dumbwaiters and moving walks shall be made at intervals not exceeding one year in accordance with Table 113.5. Miscellaneous hoisting and elevating equipment shall be inspected at such intervals as are deemed necessary by the code official to insure safe operations.

Delete Section 3004.5.5 as printed.

Add Section 3004.5.6 to read as follows:

3004.5.6 Workmen’s hoists: All equipment and machinery of workmen’s hoists shall be inspected and tested to ensure safety of operation and shall include tests of the brake, terminal and emergency stopping devices and belt tension. Acceptance tests shall also include a load capacity test as specified in ASME A90.1 listed in Chapter 35. Fees for such inspections shall be as listed in Table 112.3.1.

Add Section 3004.6 to read as follows:

3004.6 Inspections by other agencies accepted Elevator inspectors certified by the State of Missouri shall be permitted to perform inspections on elevators and like equipment covered by this chapter. Such special inspectors shall provide to the Mechanical Inspection Section of the City of Saint Louis a copy of their State of Missouri Certification prior to the City accepting their inspections. Such inspectors shall receive no salary from, nor shall any of their expenses be paid by the City of Saint Louis. Each special inspector shall submit a written report of each inspection of such mechanical equipment, within thirty days from the date of inspection and in accordance with Section 3004.3.2 on forms approved for such purpose to the code official.

Delete entire Section 3005.0 as printed. Add new Section 3005.0 to read as follows:

SECTION 3005.0 CERTIFICATE OF ELEVATOR INSPECTION

3005.1 General: The operation of all equipment governed by the provisions of this chapter and hereafter installed, relocated or altered shall be unlawful by persons other than the installer thereof until such equipment has been inspected and tested as herein required and a certificate of elevator inspection or a temporary certificate of elevator inspection has been issued for said equipment by the code official.

3005.2 Certificate of elevator inspection: The code official shall issue a certificate of elevator inspection for each unit of equipment which has satisfactorily met all of the inspections and tests required by this chapter. The certificate shall specify the owner of the property, location of the property, city serial number, type of service, floor traveled if applicable, capacity and expiration date. The certificate shall be valid for one year and shall be renewed following the annual inspection if the unit is found to still be in compliance.

3005.3 Temporary certificate of elevator inspection: The code official is authorized to issue a temporary certificate of elevator inspection for any equipment covered by this chapter, which is hereafter installed, relocated or altered, to permit limited use when it has been determined that all safety requirements have been met but finish work remains to be completed. Such certificates shall bear the dates of issue, renewal and expiration, and shall designate the class of service allowed.

3005.3.1 Tests and minimum safeguards required: A temporary certificate shall not be issued for an elevator until such elevator has satisfactorily passed tests for rated load, car and counterweight safety, and terminal stopping devices. Permanent or temporary guards and enclosures shall be installed on the car, around the hoistway and at the landing entrances. Equipment other than elevators shall be tested and protectives shall be provided as deemed necessary by the code official to insure safe operation for the limited service specified.

3005.3.2 Special conditions: Automatic and continuous pressure operation elevators shall not be placed in temporary operation from the landing pushbuttons unless the door-locking device and interlocks required by ASME A17.1 listed in Chapter 35 are installed and operative. Where the car is operable only from the inside, landing entrance guards shall be provided with locks that are releasable from the hoistway side only.

3005.3.3 Time limitation: Temporary certificates of elevator inspection shall be issued for periods of not more than thirty days. The code official is authorized to renew the limited certificates of operation for additional periods of not more than thirty days each.

3005.4 Posting certificates of elevator inspection: The owner or leasee operating any freight or passenger elevator shall post the last issued certificate of elevator inspection in a conspicuous location within each elevator car. As an alternative, the certificate of elevator inspection shall be permitted to be filed within the premises and a placard displayed in the car showing the location of the file, the expiration date and the capacity of the elevator.

Change Section 3012.4 to read as follows:

3012.4 Accidents reported and recorded: The owner of the building shall immediately notify the code official of every accident involving personal injury or damage to apparatus on, about or in conjunction with any equipment covered by this chapter. Following such an accident, it shall be unlawful to use such device until after a full and complete report on the causes of such accident is made from the building owner or owner’s agent to the code official and approval of the equipment for continued use is granted. If the code official desires to examine the cause of the accident, the building owner shall afford the code official every facility for investigating such accident.

Change Section 3102.4.1 to read as follows:

3102.4.1 New signs: A new sign shall not hereafter be placed, erected, constructed, altered or maintained except as provided herein, and until a permit has been issued by the code official. All signs controlled and regulated by the Zoning Ordinance of the City of Saint Louis, or this code, shall require building permits.

Exception: Ground-mounted political or campaign signs, thirty-two square feet or less in area, erected on any private property no earlier than sixty days prior to the primary, and removed within thirty days after the general election. Violation of this exception will result in a seven day citation letter directed to the owner(s) of the property.

Add Sections 3102.4.4.1 through 3102.4.4.4 to read as follows:

3102.4.4.1 Additional application information: All additional application information as required to evaluate the sign's conformance with the Zoning Ordinance of the City of Saint Louis shall be provided.

3102.4.4.2 Permit required: No person shall erect, construct, or maintain any sign described in this chapter until a permit for said sign has been issued by the code official. An application for said permit shall be filed with the code official accompanied by construction documents and specifications showing dimensions, materials and details of the proposed sign. Until all the provisions of this chapter relating to such sign have been complied with and the prescribed fee for such permit has been paid to the code official, a permit shall not be issued.

3102.4.4.3 Permit fees: Permit fees for all signs shall be charged at the rate listed in Table 112.3.2.

3102.4.4.4 In street or sidewalk area: Portable signs shall not be located on public streets or sidewalk areas. Enforcement of this shall be by the Street Department.

Change Section 3102.5.1 to read as follows:

3102.5.1 Removal: The code official is authorized to order the removal of any sign that is not maintained in accordance with the provisions of this code. The removal of any sign, including billboards, shall not require a demolition permit, but shall require a building permit to alter the sign by removal, and shall not be subject to review by the Cultural Resource Office.

Add Sections 3107.2.2 and 3107.2.3 to read as follows:

3107.2.2 Certificate of flood plain status: A Special Inspection of records to indicate whether a property is located within the flood plain area as designated by the Official Flood Plain Maps provided by FEMA (Federal Emergency Management Agency) to the City of St. Louis. This letter does not imply that the referenced property will or will not be free from flooding or damage. A property not in a Special Flood Hazard Area could be damaged by a flood greater than that predicted on the FIRM or from a local drainage problem not shown on the map. This letter does not create liability on the part of the City, or any officer or employee thereof, for any damage that results from reliance on this determination. The fee for this letter shall be as listed in Table 112.3.1.

3107.2.3 Freeboard: Freeboard is a factor of safety usually expressed in feet above a flood level for purposes of flood plain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, clogged bridge openings, and the hydrological effect of urbanization on the watershed. For purposes of this code, freeboard shall be at least one foot above the base flood elevation.

Change Section 3109.3.1 to read as follows:

3109.3.1 Permits: The approval of the code official shall be secured for all dish antenna structures more than two feet (610 mm) in diameter which are roof or ground mounted or attached to any building or structure. A permit is not required for any dish antennae not more than two feet (610 mm) in diameter erected and maintained on the roof of any building or structure, or erected on the ground not in front of the building line. All construction documents submitted for application for dish antenna structures erected on the roof of or attached to any building or structure shall bear the seal of a registered engineer, licensed to practice in the State of Missouri, and shall be accompanied by structural calculations meeting the provision of Section 3109.3.2, also sealed by said engineer.

Add Sections 3111.0 and 3112.0 to read as follows:

SECTION 3111.0 HOUSE NUMBERING

3111.1 General: Owners of buildings or structures located within the City of Saint Louis shall display proper house numbers on their respective premises in accordance with this code and the provisions of Chapter 20.16 of the Revised Code of the City of Saint Louis.

3111.2 Location of numbers: Street numbers shall be placed on the street front. If there is an alley, numbers shall also be placed on the alley elevation of the premises on which the house, building or structure is located.

3111.3 Materials and size: House numbers shall be metal, wood, plastic, decals, or any other approved materials; or they shall be permitted to be carved into the architectural features of the building or structure. They shall be at least three inches in height, and the color of said numbers shall be in contrast to their immediate background, and shall be placed so as to be in full view from the opposite side of the street or alley.

SECTION 3112.O OUTDOOR PAY TELEPHONES

3112.1 New outdoor pay telephones: A new outdoor pay telephone shall not hereafter be placed, erected, constructed, altered or maintained except as provided herein, and until a permit has been issued by the code official.

Exception: Portable outdoor pay telephones, erected on any private property no earlier than five days prior to a temporary special outdoor event, and removed no later than five days after the event.

3112.2 Permit required: No person shall erect, construct, maintain or collect any revenue from any new outdoor pay telephone until a permit for said outdoor pay telephone has been issued by the code official. An application for said permit shall be filed with the code official accompanied by construction documents and specifications showing the location, dimensions, materials and details of the proposed outdoor pay telephone. Until all the provisions relating to such outdoor pay telephone have been complied with and the prescribed fee for such permit has been paid to the code official, a permit shall not be issued.

3112.3 Additional application information: All additional application information as required to evaluate the new outdoor pay telephone’s conformance with the Zoning Ordinance of the City of Saint Louis shall be provided.

3112.4 Permit fees: The permit fee for each outdoor pay telephone shall be at the rate listed in Table 112.3.1 for Miscellaneous Structures.

3112.5 Removal: The code official is authorized to order the removal of any outdoor pay telephone that is not maintained or reported in accordance with Section 3112.6.

3112.6 Notification: The code official shall be notified of the location of all existing outdoor pay telephones within the City of Saint Louis by all vendors doing said business. Failure to provide this information shall be a code violation and, in addition to the removal of the telephone by the code official under Section 3112.5, the vendor shall be subject to a penalty as set forth in Section Four. Each day that a violation continues shall constitute a separate offense.

Change Section 3202.2 to read as follows:

3202.2 Below grade: Any part of a building or structure hereafter erected below grade that is necessary for structural support of the building or structure shall not project beyond the lot lines, except that the footings of street or alley walls, or their supports located at least eight feet (2438 mm) below grade, shall not project more than twelve inches (305 mm) beyond the lot line. Footings of buildings or structures shall be permitted to project up to six inches (153 mm) into streets or alleys regardless of depth.

Change Section 3203.1 to read as follows:

3203.1 General: The following are ordinary encroachments for which the issuance of the construction permit is the function of the code official and the right of encroachment is conveyed by the issuance of the building permit.

Add Sections 3203.13 through 3203.14 to read as follows:

3203.13 Signs: Projecting signs, including irons and other fixtures, shall not extend more than five feet into the public right of way.

3203.13.1 Signs projecting into streets: Projections shall not be nearer than two feet to a curb and not less than ten feet above the curb or public sidewalk.

3203.13.2 Signs projecting into alleys: Projections shall not be less than sixteen feet above an alley.

3203.14 Special encroachments: All other encroachments shall be considered special encroachments where the legal sanction is conveyed by the Board of Public Service. These encroachments shall be so constructed as to be readily removable without endangering the safety of the building. Inspections shall be as set forth in Table 113.5.

Add Section 3205.1.2 to read as follows:

3205.1.2 Small awning exception: A permit shall not be required for the erection, repair, or replacement of fixed awnings less than forty square feet in projected area or retractable awnings less than one hundred and fifty square feet in area, unless they project over public property. No such awning, however, shall be installed so as to project over property not owned by the premises on which such awning is installed.

Add Section 3310.6 to read as follows:

3310.6 Hazardous excavations: Should there be an unfenced excavation or hole or open basement that endangers the sidewalk, alley or street right-of-way, the Street Department is authorized to, without prior notice, fill or abate such hazard. Should such excavation, hole or open basement not endanger the public right-of-way, but in fact endanger an adjacent building footing, or cause an embankment problem, or constitute a public safety hazard anywhere on the site, or have accumulated over eighteen inches of standing water for more than seven days, which, in the opinion of the Health Department, upon certification, constitutes a vector-control problem, the Building Commissioner shall be permitted to emergency-hire a contractor to fill, or partially fill, that excavation, hole or open basement to mitigate the danger. All costs attending such action shall be paid by the owner of said property or premises whereon the violation was permitted to exist; said costs to be collected as described in Section 119.5.

Add Section 3316.0 to read as follows:

SECTION 3316.0 EMERGENCY GUARD BARRICADES

3316.1 General: When the code official orders emergency barricades due to an unsafe building, structure or premises condition, said costs plus a ten percent administrative cost shall be certified to the Comptroller of the City of Saint Louis. The Comptroller is authorized to place a tax lien against the property in the amount of said bill.

Add Sections 3406.2 and 3406.3 to read as follows:

3406.2 Preservation Board permit requirements: When the ordinances of the Cultural Resources Office of the Planning and Urban Design Agency (CRO) require a permit for items for which this code does not require a permit, applications shall be permitted to be taken by the Building Division and processed solely to the Cultural Resources Office. Both the Building Commissioner and the Cultural Resources Office Director are authorized to place stop work orders, as described in Section 117.0. Any appeals or court actions resulting from such citations, applications or permits shall have technical and aesthetic testimony from the Preservation Board and the staff of the Cultural Resources Office.

3406.3 Cultural Resources Office denial: Unless overruled by the Building Commissioner as a result of an emergency situation, or the Planning and Urban Design Commission, a denial from the Preservation Board shall be the final denial; no further notice from the code official shall be required to any person.

Change Section 3407.1 to read as follows:

3407.1 Compliance: Buildings or structures moved into or within the City of Saint Louis shall comply with the provisions of this code for new structures or shall comply with Section 3408.0, provided that the sitting and fire separation distance comply with the requirements for new structures. They shall not be used or occupied in whole or in part until an occupancy permit has been issued by the code official.

Change Section 3408.2 to read as follows:

3408.2 Applicability: Structures existing prior to the enactment of this code, 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 3403.0 through 3407.0. The provisions in Sections 3408.2.1 through 3408.2.5 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 or to historic buildings, as provided for in Section 3406.0. Certain small buildings shall be permitted to be dealt with in accordance with Sections 3408.2.4.1 through 3408.2.4.6.

Add Sections 3408.2.4.1 through 3408.2.4.6 to read as follows:

3408.2.4.1 Optional evaluation for small buildings: This optional evaluation shall be permitted to be used for buildings classified as Use Group A, B, E, F, M, R or S, which are under three thousand square feet in area per floor and three stories or less in height.

3408.2.4.2 Alterations exceeding fifty percent: If alterations or repairs within any period of twelve months cost in excess of fifty percent of the physical value of the structure, this code's requirements for new structures shall apply.

3408.2.4.3 Damages exceeding fifty percent: If the structure is damaged by fire or other cause to an extent in excess of fifty percent of the physical value of the structure before the damage was incurred, this code's requirements for new structures shall apply.

3408.2.4.4 Alterations or repairs under fifty percent: If the cost of alterations or repairs is between twenty-five and fifty percent of the physical value of the structure, the code official shall determine to what degree the portions so altered or repaired shall be made to conform to the requirements for new structures.

3408.2.4.5 Alterations or repairs under twenty-five percent: If the cost of alterations or repairs is twenty-five percent or less of the physical value of the structure, the code official shall permit the restoration of the structure to its condition prior to the damage or deterioration with the same kind of materials as those of which the structure was constructed, provided that such construction does not endanger the general safety and public welfare, and meets the provisions of Section 1512.0 with respect to reroofing.

3408.2.4.6 Physical value: In applying the provisions of this section, the physical value of the structure shall be determined by the design professional, and shall be based on current replacement costs and shall be subject to review and approval by the code official.

Modify Chapter 35 by adding the following:

PHCC National Association of Plumbing-Heating-Cooling Contractor

P.O. Box 6808

Falls Church, VA 22046

Standard reference number	Title	Referenced in code Section number
NSPC-87	National Standard Plumbing Code..........	201.3, 408.4, 418.3.4, 602.4.3, 907.6.2, 1102.1, 1108.2, 1108.2.1, 1212.7, 1510.7.2, 1813.5.3, 3107.9, 3401.3

Section Four.

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, extend, repair, remove, demolish, use or occupy any building, structure or premises or equipment regulated by this code in violation of an approved construction document or directive of the code official or the Board of Building Appeals, or of a permit or certificate issued under the provisions of this code, and shall, upon conviction thereof, be punished by a fine of not more than five hundred dollars, or by imprisonment not exceeding ninety days, or both such fine and imprisonment. Each day that a violation continues shall constitute a separate and distinct offense.

Section Five.

That nothing in this Ordinance or in the Building Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section Two of this Ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance.

Section Six.

This being an ordinance necessary for the immediate preservation of the public safety, it is hereby declared to be an emergency measure and shall become effective immediately upon its approval by the Mayor.

Section Seven.

It is the intent of the Board of Aldermen that Sections Two, Three and Four of this ordinance be codified in the Revised Code of the City of Saint Louis.

**Legislative History**
1ST READING	REF TO COMM	COMMITTEE	COMM SUB	COMM AMEND
10/08/99	10/08/99	PS
2ND READING	FLOOR AMEND	FLOOR SUB	PERFECTN	PASSAGE
10/15/99			10/22/99	10/29/99
ORDINANCE	VETOED		VETO OVR