Chapter 5: Buildings

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CONTENTS

ARTICLE I.  BUILDING CODE

§ 5-1.          Title.

§ 5-2.          Definitions.

§ 5-3.          Building code established.

§ 5-4.          Office of building inspector created.

§ 5-5.          Construction standards.

§ 5-6.          Final inspection.

§ 5-7.          Right of entry.

§ 5-8.          Stop work orders.

§ 5-9.          Penalties.

§ 5-10.        Building permit required.

§ 5-11.        Building permit application.

§ 5-12.        Application forms.

§ 5-13.        Permit fees.

§ 5-14.        Records.

§ 5-15.        Expiration of permit

§ 5-16.        Street numbers required of property owners on dwelling or structure.

§§ 5-17 to 5-20.  Reserved.

ARTICLE II.  ELECTRICAL STANDARDS

 (Repealed by Ord. 610)

§§ 5-21 to 5-34.   Reserved.

ARTICLE III.  DEMOLITION OF SUBSTANDARD BUILDINGS

§ 5-35.        Definitions.

§ 5-36.        Standards for repair.  Vacation or demolition.

§ 5-37.        Nuisance; dangerous buildings.

§ 5-38.        Building inspectors.

§ 5-39.        Duties.

§ 5-40.        Building commissioner.

§ 5-41.        Duties.

§ 5-42.        Appeals.

§ 5-43.        Emergency cases.

§ 5-44.        Owner absent from the city.

§ 5-45.        Liability for wrongful action.

§ 5-46.        Penalties.

§§ 5-47 to 5-50.  Reserved.

ARTICLE IV.  MECHANICAL CODE

§ 5-51.        Adoption of Mechanical Code.

§ 5-52.        Inconsistent ordinances repealed.

§ 5-53.        Addition, insertions and changes.

§ 5-54.        Saving clause.

§ 5-55.        Date of effect.

§§ 5-56 to 5-60.  Reserved.

ARTICLE V.  SMOKE DETECTORS REQUIRED

IN CERTAIN BUILDINGS AND DWELLINGS

§ 5-61.        Definitions

§ 5-62.        Installation and maintenance of smoke detectors required.

§ 5-63.        Type of detector.

§ 5-64.        Enforcement and inspection.

§ 5-65.        Penalties..

§§ 5-66 to 5-70.  Reserved.

Chapter 5

BUILDINGS

ARTICLE I

BUILDING CODE

Sec. 5-1.  Title.

        This Ordinance shall be known as, and may be cited as the "Building Code and Permit Ordinance" of the City of St. James, Missouri.  (Ord. 374, §1.)

Sec. 5-2.  Definitions.

        When used in this Ordinance, the following words are defined as follows:

        (a)   Building inspector- The city building inspector.

        (b)   City- The City of St. James.

        (c)   City council- The chief legislative body of the city. 

        (d)   Mayor- The chief executive officer of the city.

        (e)   Official flood hazard map- The map of the special flood hazard areas within the city as indicated on the Flood Hazard Boundary Maps prepared by the U.S. Department of Housing and Urban Development - Federal Insurance Administration, and supplementary flood profiles, flood insurance rate studies, and similar material pertaining to this map.  A copy of this information is on file at the city hall.  (Ord. 374, §§2(a) - 2(d).)

Sec. 5-3.  Building Code established.

        There is hereby established a Building Code for the City of St. James prescribing standards of building construction for the health and safety of residents of the city.  (Ord. 374, §3.)

Sec. 5-4.  Office of building inspector created.

        There is hereby created the position of the City building inspector, to be appointed by the mayor with the approval of the city council at a salary to be established by the council at the time of his appointment.  (Ord. 374, §4.)

Sec. 5-5.  Construction standards.

        (a)   Footing and foundation- Foundation inspection shall be made after trenches are excavated and formed.  Footing for frame building shall be eight inches by eighteen inches (8 X 18) if subsoil is suitable, and reinforced with four (4) and one-half (1/2) inch rerod.  Foundation walls shall be eight (8) inches in width and reinforced.  The building inspector may require additional foundation to conform with subsoil conditions.  Fill material shall be placed within foundation wall, three (3) inches above the outside grade level, or provide three (3) inch drains to carry surface water from inside foundation wall.  Except in the case of temporary structures or secondary buildings not over one story in height, and exceeding four hundred (400) square feet in area, all exterior walls and interior bearing walls shall be supported on solid masonry or concrete footings built on natural solid ground footings, shall be designed to support safely the loads imposed and shall extend below the frost line.  In no case shall the allowable bearing capacity of the soil in pounds per square foot on which the building is to be placed show a greater bearing than that approved by the building inspector at his foundation inspection.  Every building hereafter erected or structurally altered shall be located on a lot as herein deferred, and in no case shall there be more than one main building on one lot, unless otherwise provided in this Ordinance.

        (b)   Framing- Wall studs shall be sixteen (16) inches on center.  Joists shall be doubled under all parallel walls.  Floor joists shall be spaced sixteen (16) inches on center or according to span or according to width of material.  Frame inspection is to be made after the roof, all framing, fire blocking and bracing is in place and all pipes, chimneys and vents are complete.

        (c)   Sewer- All sewer service lines shall be of cast iron, clay or schedule forty (40) plastic four (4) inch material from the building to the public sewer, and shall slope one-fourth (1/4) inch to one (1) foot.

        (d)   Water pipes- Copper pipe shall be regular or extra strong class.  All soldered joints shall be clean and properly fluxed.  These shall be grade K. copper from the main line to the meter, no galvanized pipe underground, no combined building sewer drains and building storm drains.  The sanitary and storm draining system of a building shall be entirely separate except where a combined sewer is available.

        (e)   Water fixtures and pipe size  - The minimum standards for water fixtures and pipe sizes shall be as follows:

                Automatic dishwashers                              one-half (1/2) inch

                Automatic washing machines                    one-half (1/2) inch

                Laundry tubs                                                one-half (1/2) inch

                Hot water heaters                                         one-half (1/2) inch

                Lavatories                                                     three-eights (3/8) inch

                Bath tubs                                                       one-half (1/2) inch

                Sinks                                                              one-half (1/2) inch

        All water systems shall contain a water supply riser and each water supply riser and fixture branch shall terminate with air chambers.  All air chambers shall be placed in a vertical position.  The recommendations of the National Plumbing Code shall be considered good engineering practice.

        (f)    Water- The water line from meter to building shall have a stop and waste valve.  All hot water heaters shall have a valve on the cold water line and pop-off valve and all gas water heaters shall be vented through the roof and inspected and approved by the building inspector.  There shall be no cross connection between the city water supply and any other piping system containing a liquid or gas, regardless of the number of valves in the connection between the two systems.  The term cross connection applies to any piping arrangement which would permit any liquid or gas other than the city water to flow or be pumped or siphoned into the system.

        (g)   Sanitary sewer- Any excavation on the sewer line of any building shall be only by permit obtained from the building inspector and shall be inspected and approved by the building inspector.  All sewer taps on the main sewer line shall be cemented with a ninety (90) lb. bag of pre-mix concrete inspected by the building inspector.  All new trunk lines shall be not less than eight (8) inch clay, cast, or approved plastic pipe.   Grade of new trunk be laid not less than four (4) inches to the hundred feet and any such line over four-hundred (400) feet in length shall have plans and they shall be inspected and approved by the city engineer.  All manholes shall be precast.  Precast blocks shall be plastered at seams, and shall be plastered inside and outside, shall have concrete bottoms, two (2) foot opening at top, concrete tiller inside of manholes sloped three (3) inches from side to pipe, and inside diameter of manhole shall be forty-two (42) inches at the bottom.  Standard type cast iron manhole frames and covers shall be cemented to the manhole and standard cast iron manhole steps shall be five-eights (5/8) inches to three-fourth (3/4) inches thick, and an approximate weight of eleven (11) pounds, and all steps in a manhole shall be at the bottom of the manhole and cemented inside and outside. 

        (h)   Electric- All electrical work shall comply with the National Electrical Code, and the recommendations of that Code shall be considered good engineering practice.  (Ord. 374, §§5(a) - 5(h).)

Sec. 5-6.  Final inspection.

        Final inspection is to be made after the building is completed and ready for occupancy.   (Ord. 374, §6.)

Sec. 5-7.  Right of entry.

        The building inspector shall enforce the provisions of this Code, and he or his duly authorized representative may enter any building, structure or premises to perform any duty imposed upon him by this Code.  (Ord. 374, §7.)

Sec. 5-8.  Stop work orders.

        Upon notice from the building inspector, work on any building or structure that is being done contrary to the provisions of this Code, shall immediately cease.  Such notice shall be in writing and shall be given to the owner of the property or to his agent or to the person doing the work and shall state the conditions under which work may be resumed.  (Ord. 374, §8.)

Sec. 5-9.  Penalties.

        If any person commences any work on a building or structure before obtaining the necessary permit from the building inspector or other officer as may be designated by the city, the permit fee shall be doubled.  (Ord. 374, §9.)

Sec. 5-10.  Building permit required.

        It shall be unlawful to commence or to proceed with the erection, construction, reconstruction, conversion, alteration, enlargement, extension, raising or moving of any building or structures, to include but not limited to fences, signs, outdoor bulletin boards, billboards, outdoor advertising structures, advertising signs, backstops for tennis courts, and pergolas, or of any portion thereof, without first having applied in writing to the City Engineer for a building permit to do so and a building permit has been granted therefore. (Ord. 277, §14; Ord. 894)

Sec. 5-11.  Building permit application.

        Every application for a building permit shall be in writing and delivered to the city engineer and shall be accompanied by a detailed set of plans, in duplicate, showing the size of the proposed building or structure, its location on the lot, the basic materials of which it is to be constructed and the details and type of construction to be used.  On the issuance of a permit, one set of said plans shall be retained by the city engineer as a permanent record and one set shall be returned to the applicant.  In cases of any building or structure to be located outside the fire districts, the city engineer may, at his own discretion, permit the substitution of a written statement covering the essential information required in place of said plans.  (Ord. 277, § 14.)

Sec. 5-12.  Application forms.

        Blank forms shall be provided by the city engineer for the use of those applying for permits as provided for in this ordinance.  Any permits issued by the city engineer shall be on standard forms for such purpose and furnished by the city.  (Ord. 277, §14.)

Sec. 5-13.  Permit fees.

        The fees to be charged for building permits from and after the passage of this Ordinance shall be as follows:

For work costing

Construction Cost (Residential)         Cal by        Multiplier (Res)        Multiplier (Com)        Total Cost
        0 - $2500                                        Flat Fee                                                                                $ 15.00
        $2501 - $10,000                             Flat Fee                                                                               $ 25.00
        $10,001 - $50,000                         Flat Fee                                                                               $ 50.00
        $50,001 - $100,000                       Flat Fee                                                                               $ 75.00
        $100,001 and up                           Act Cost x .00075 (.075%)
        Res - 1 Family                               Act Cost x .00075 (.075%)
        Res - 2 Family                                 Act Cost x .00075 (.075%)
Construction Cost (Commercial)
        0 - $2500                                        Flat Fee                                                                                $ 25.00
        $2501 - $10,000                             Flat Fee                                                                               $ 50.00
        $10,001 - $50,000                         Flat Fee                                                                               $ 75.00
        $50,001 - $100,000                       Flat Fee                                                                               $100.00
        $100,001 and up to $500k             Act Cost x                                 .001 (.1%)                         (*1)
       $500k and up to $1m                       Act Cost x                                 .001 (.1%)                         (*2)
       $1m and up to $5m                          Act Cost x                                 .0015 (.15%)                     (*3)
       $5m and up                                       Act Cost x                                 .002 (.2%)                         (*4)
      Res-Multi Family (3-4 plex etc.)                                                                                                     See above
      Condo/Townhouse                                                                                                                        See above
      Commercial Bldg/Hotel/Motel/Business                                                                                           See above
      Factory/Industry/Manuf.                                                                                                                 See above
(*1) Non-refundable $100 Review Fee credited to Building Permit Fee.
(*2) Nonrefundable $250 Review Fee credited to Building Permit Fee.
(*3) Nonrefundable $1000 Review Fee credited to Building Permit Fee.
(*4) Nonrefundable $2000 Review Fee credited to Building Permit Fee.

Miscellaneous
        Small Sign (less than 30sq/ft)            Flat Fee                                                                               $ 25.00
        Large Sign (more than 30sq/ft)          Flat Fee                                                                              $ 50.00

        Fence (Residential)                             Flat Fee                                                                               $ 15.00
        Fence (Commercial)                            Flat Fee                                                                               $ 25.00

        Demolition of Building                         Flat Fee                                                                               $ 25.00

(Ord. 374, §10.; Ord. 905)

Sec. 5-14.  Records.

        (a)   The building inspector shall keep a permanent accounting of all permit fees and other monies collected, and shall show the name of all persons upon whose account the same was paid, the date and amount thereof.  All monies received shall be deposited in the City General Fund Building Permit Account by the end of each month.  (Ord. 374, §11; Ord. 905)

        (b)   A careful record of all such applications, plans, and permits shall be kept in the office of the city engineer.  (Ord. 277, §14.)

Sec. 5-15.  Expiration of permit.

        Any building permit, under which no construction work has been commenced within six months after the date of issue of said permit or under which the proposed construction has not been completed  within two years of the date of issue shall expire by limitation; and no work or operation shall take place under such permit after such expiration.  Upon payment of ten cents (10¢) per month for each one thousand dollars ($1,000.00) of the construction cost on which the original permit was issued, but not less than one dollar ($1.00) per month in any case, a building permit may be once extended for a period not exceeding six months by the city engineer.  (Ord. 277, §14.)

Sec. 5-16.  Street numbers required of property owners on dwelling or structure.

        (a)   Dwellings: The owner of each single family, multi-family or other dwelling at which people reside shall display, in a conspicuous place on that portion of such dwelling which faces a public street the street number of such dwelling in Arabic numerals at least four inches in height and in colors that contrast with the color of the dwelling upon which such numbers are placed. Such numbers shall be displayed regardless of whether the dwelling is vacant or occupied by tenants.

        (b)   Business or commercial buildings: The owner of each business or commercial building, including warehouses, factories, service stations, motels, hotels, shops, shopping centers, garages, office buildings, and all other properties in which commercial or business enterprises are doing business and all government and scholastic buildings, dorms, residences, classroom buildings and structures appurtenant thereto, and all church buildings and structures, shall display, in a conspicuous place on that portion of such structure that faces a public street, the street number of said structure in Arabic numerals at least six inches in height and in color that contrast with the color of the structure upon which such numbers are displayed. Such numbers shall be displayed regardless of whether such structures are vacant or occupied by tenants.

        (c)   Specific numbers: The numbers to be displayed under the provisions of this Section shall be those numbers that are determined by the Director of Planning and Development.

        (d)   Applicability: The provision of this Section shall be applicable to private and non-dedicated streets situated within developments that require plat approval under the ordinance of the City of St. James, Missouri.  (Ord. 706)

Secs. 5-17 to 5-20.  Reserved.

ARTICLE II

ELECTRICAL STANDARDS

 (Repealed by Ord. 610)

Secs. 5-21 to 5-34.  Reserved.

ARTICLE III

DEMOLITION OF

SUBSTANDARD BUILDINGS

Sec. 5-35.  Definitions.

        (a)   Dangerous buildings - All buildings or structures which have any or all of the following defects shall be deemed "dangerous buildings":

                (1)   Those whose interior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base.

                (2)   Those which, exclusive of the foundation, show thirty-three (33) percent or more, of damage or deterioration of the supporting member or members, or fifty (50) percent of damage or deterioration of the non-supporting enclosing or outside walls or covering.

                (3)   Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded, or which have insufficient strength to be reasonably safe for the purpose used.

                (4)   Those which have been damaged by fire, wind or other causes so as to have become dangerous to life, safety, or the general health and welfare of the occupants or the people of this city.

                (5)   Those which have become or are so dilapidated, decayed, unsafe, unsanitary or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation, or are likely to cause sickness or disease, so as to work injury to the health, safety, or general welfare of those living therein.

                (6)   Those having light, air and sanitation facilities which are inadequate to protect the health, safety, or general welfare of human beings who live or may live therein.

                (7)   Those having inadequate facilities for egress in case  of fire or panic or those having insufficient stairways, elevators, fire escapes, or other means of communication.

                (8)   Those which have parts thereof which are so attached that they may fall and injure property or members of the public.

                (9)   Those which because of their condition are unsafe, unsanitary, or dangerous to the health, safety, or general welfare of the people of this city.  (1977 Code)

Sec. 5-36.  Standards for repair, vacation or demolition.

        The following standards shall be followed in ordering repair, vacation, or demolition.

        1.     If the "dangerous building" can reasonably be repaired so that it will no longer exist in violation of the terms of this chapter it shall be ordered repaired.

        2.     If the "dangerous building" is in such condition as to make it dangerous to the health, safety, or general welfare of its occupants it shall be ordered to be vacated and repaired.

        3.     In any case where a "dangerous building" is 50 percent damaged or decayed, or deteriorated from its original value or structure, it shall be demolished, and in all cases where a building cannot be repaired so that it will no longer exist in violation of the terms of this chapter it shall be demolished.  In all cases where a "dangerous building" is a fire hazard existing or erected in violation of any provision of this Code or other ordinance of the city or statute of the state it shall be repaired or demolished.  (1977 Code)

Sec. 5-37.  Nuisance; dangerous buildings.

        All dangerous buildings within the terms of Section 5-35 of this Code are hereby declared to be public nuisances, and shall be repaired, vacated, or demolished as hereinbefore and hereinafter provided.  (1977 Code)

Sec. 5-38.  Building inspectors.

        All city police officers, and all other city employees so designated by the mayor shall be "building inspectors" within the meaning of this chapter.  (1977 Code)

Sec. 5-39.  Duties.

        Same, duties. The building inspectors shall:  

        1.     Inspect or cause to be inspected semiannually, all public buildings, schools, halls, churches, theaters, hotels, tenements, commercial, manufacturing, or loft buildings, and all dwellings, for the purpose of determining whether any conditions exist which render such places to be a "dangerous building" within the terms of section 5-35 of this chapter.

        2.     Inspect any building, wall or structure about which complaints are filed by any person to the effect that a building, wall or structure is or may be existing in violation of this chapter.

        3.     Inspect any building, wall or structure reported as probably existing in violation of the terms of this Chapter.

        4.     Notify in writing, either by personal service or by certified mail, return receipt requested; or if service cannot be had by either of these modes of service, then by publication in a newspaper qualified to publish legal notices, for two successive weeks, the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in said building as shown by the land records of the recorder of deeds of the county,  of any building found by him to be a "dangerous building" within the standards set forth in section 5-35 of this Code, that:

                (a)   The owner must vacate, vacate and repair, or vacate and demolish said building in accordance with the terms of the notice of this chapter;

                (b)   The occupant or lessee must vacate said building or may have it repaired in accordance with the notice and remain in possession;

                (c)   The mortgagee, agent or other person having an interest in said building as shown by the land records of the  recorder of deeds of the county may at his own risk repair, vacate or demolish said building or have such work or act done:

        Provided, that any person notified under this subsection (4) to repair, vacate, or demolish any building shall be given such reasonable time, not exceeding 30 days, as may be necessary to do, or have done, the work or act required by the notice provided for herein.

        5.     Set forth in the notice provided for in subsection (4) hereof, a description of the building, or structure deemed unsafe, a statement of the particulars which make the building or structure a "dangerous building" and an order requiring the same to be put in such condition as to comply with the terms of this Ordinance within such length of time, not exceeding 30 days, as is reasonable.

        6.     Report in writing to the mayor any noncompliance with the notice provided for in subsection (4) and (5) hereof.

        7.     Appear at all hearings conducted under this Chapter.

        8.     Place a notice on all "dangerous buildings" reading as follows:

"This building has been found to be a dangerous building by the building inspector.  This notice is to remain on this building until it is repaired, vacated, or demolished in accordance with the notice which has been given the owner, occupant, lessee, mortgagee, or agent of this building and all other persons having an interest in said building as shown by the land records of the recorder of deeds of the county.  It is unlawful to remove this notice until such notice is complied with."  (1977 Code)

Sec. 5-40.  Building commissioner.

        The mayor shall act as building commissioner under this Chapter.  (1977 Code)

Sec. 5-41.  Duties.

        The mayor (building commissioner) shall:

        1.     Upon receipt of a report of a building inspector as provided for in Section 5-39, give written notice to the owner, occupant, mortgagee, lessee, agent, and all other persons having an interest in said building as shown by the land records of the recorder of deeds of the county to appear before him on the date specified in the notice to show cause why the building or structure reported to be a "dangerous building" should not be repaired, vacated, or demolished in accordance with the statement of particulars set forth in the building inspectors notice provided for herein in Section 5-39.  (1977 Code)

        2.     Hold a hearing and hear such testimony as the building inspector or the owner, occupant, mortgagee, lessee, or any other person having an interest in said building as shown by the land records of the county shall offer relative to the "dangerous building."

        3.     Make written findings of fact from the testimony offered pursuant to subsection (2) as to whether or not the building in question is a "dangerous building" within the terms of Section 5-35.

        4.     Issue an order based upon findings of fact made pursuant to subsection (3) commanding the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said building as shown by the land records of the county, to repair, vacate, or demolish any building  found to be a "dangerous building" within the terms of this Ordinance and provided that any person so notified shall have the privilege of either vacating or repairing said dangerous building; or any person not the owner of said dangerous building but having an interest in said building as shown by the land records of the county may demolish said dangerous building at his own risk to prevent the acquiring of a lien against the land upon which said "dangerous building" stands by the city, as provided in subsection (5) hereof.

        5.     If the owner, occupant, mortgagee, or lessee fails to comply with the order provided for in subsection (4) hereof, within 30 days, the city council then shall cause such building or structure to be repaired, vacated, or demolished as the facts may warrant, under the standards hereinbefore provided for in section 5-36, and shall with the assistance of the city attorney cause the costs of such repair, vacation, or demolition to be charged against the land on which the building existed as a municipal lien or cause such costs to be added to the tax duplicate as an assessment, or to be levied as a special tax against the land upon which the building stands or did stand, or to be recovered in a suit at law against the owner; Provided, that in cases where such procedure is desirable and any delay thereby caused will not be dangerous to the health, safety, or general welfare of the people of this city, the council shall notify the city attorney to take legal action to force the owner to make all necessary repairs or demolish the building.

        6.     Report to the city attorney the names of all persons not  complying with the order provided for in Section 5-41(4) hereof.

        7.     At the request of the taxpayer, the special tax bill provided for by Section 5-41(5) may be paid in installments over a period of not more than ten (10) years; said assessment shall bear interest at the rate of eight (8) percent per annum until paid.

Sec. 5-42.  Appeals.

        Any owner, occupant, lessee, mortgagee, agent or any other person having an interest in a "dangerous building" as shown by the land records of the recorder of deeds of the county may, within 30 days from the receipt of the order of the mayor (building commissioner) provided for by section 5-41(4) of this Code, appeal such decision to the circuit court of the county wherein the land is located, pursuant to the procedure established in Chapter 512 of the Revised Statutes of Missouri.  (1977 Code)

Sec. 5-43.  Emergency cases.

        In cases where it reasonably appears that there is immediate danger to the life or safety of any person unless a dangerous building as defined in Section 5-35 is immediately repaired, vacated, or demolished, the building inspector shall report such facts to the city council of the city and the city council of the city shall cause the immediate repair, vacation, or demolition of such dangerous building.  The costs of such emergency repair, vacation or demolition of such building shall be collected in the same manner as provided in Section 5-39(5).  (1977 Code)

Sec. 5-44.  Owner absent from the city.

        In cases, except emergency cases, where the owner, occupant, lessee, or mortgagee is absent from the city all notices or orders provided for herein shall be sent by registered mail to the owner, occupant, mortgagee, lessee and all other persons having an interest in said building as shown by the land records of the recorder of deeds of the county to the last known address of each, and a copy of such notice shall be posted in a conspicuous place on the "dangerous building" to which it relates.  Such mailing and posting shall be deemed adequate service.  (1977 Code)

Sec. 5-45.  Liability for wrongful action.

        In the event any building or structure is wrongfully demolished by this city, or is demolished without adhering to the procedures provided in this Chapter, the city shall be liable for damages as determined by a court of law in a suit brought by the party so damaged.  (1977 Code)

Sec. 5-46.  Penalties.

        If the person or persons notified as provided in Sections 5-35 through 5-50 shall fail, neglect or refuse to comply with the same within the time specified in such notice, the violator shall be punished by a fine or imprisonment, or by both fine and imprisonment. Such fine may not exceed one thousand dollars, unless the owner of the property is not also a resident of the property, then such fine may not exceed two thousand dollars. 67.410(4) RSMO (Ord. 767)

Secs. 5-47 to 5-50.  Reserved.

ARTICLE IV

MECHANICAL CODE

Sec. 5-51.  Adoption of Mechanical Code.

        That a certain document being marked and designated as "The BOCA National Mechanical Code, Seventh Edition, 1990," as published by Building Officials and Code Administrators International, Inc., be and is hereby adopted as the Mechanical Code of the City of St. James, Missouri for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of the said BOCA National Mechanical Code are hereby referred to, adopted and made a part hereof, as if fully set out in this Ordinance, with the additions, insertions, deletions and changes, if any, prescribed in Section 5-53 of this Ordinance.  (Ord. 532, §1)

Sec. 5-52.  Inconsistent ordinances repealed.

        That other ordinances or parts of ordinances in conflict herewith are hereby repealed.  (Ord. 532, §2)

Sec. 5-53.  Addition, insertions and changes.

        That the following sections are hereby revised as follows:

Section M-100.1 (Page 1, second line).  Insert: City of St. James Municipal Utilities.

Section M-114.2 (Page 7, third line).  Insert: No Charge.

Section M-114.3 (Page 7, third line).  Insert: No Charge.

Section M-117.4 (Page 9, fifth, sixth and seventh lines.  Insert: Offense, Misdemeanor, Dollar Amount $100.00, Time 60 days.

Section M-118.2 (Page 9, fourth and fifth lines).  Insert: Not less $25.00 or more than $100.00.  (Ord. 532, §3)

Sec. 5-54.  Saving Clause.

        That nothing in this Ordinance or in the Mechanical 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 5-52 of this Ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this Ordinance.  (Ord. 532, §4)

Sec. 5-55.  Date of effect.

        Be it therefore resolved that the ordinance be approved, authorizing the mayor of the City of St. James, Mo. to sign it on this 1st day of March 1993.  (Ord. 532, §5)

Secs. 5-56 to 5-60.  Reserved.

ARTICLE V

SMOKE DETECTORS REQUIRED

IN CERTAIN BUILDINGS AND DWELLINGS

Sec. 5-61.  Definitions.

        For the purpose of this Article, the following terms, phrases, words and derivations shall have the meaning given herein.  The word shall is mandatory and the word may is permissive.  Words not defined shall be given their common and ordinary meaning.

        Apartment building - for the purpose of this Article shall mean a building that contains two or more dwelling units.

        Rental dwelling unit - means a structure, building, area, room or combination of rooms occupied by persons for sleeping or living.

        Motels and hotels - for the purpose of this Article shall mean buildings which provide overnight living accommodations for the public and which are licensed by the city as motels and hotels.

        Owner - means any person, firm, partnership, corporation who alone or jointly or severally with other persons, firms, partnerships has legal title to any premises.  The term does not include a lessee, sublessee or other person who merely has the right to occupy or possess a premises.

        Renovated - means new construction to an existing rental dwelling unit that involves the addition of new living space or the rebuilding or reconstruction of existing living space. 

        Smoke detector - means a device which detects visible or invisible particles of combustion and shall be either ionization or photoelectric type.  (Ord. 541)

Sec. 5-62.  Installation and maintenance of smoke detectors required.

        (a)   The owner of each dwelling unit in the city which is constructed or is renovated after the passage of this Article shall install smoke detectors prior to the occupancy of said newly constructed dwelling unit or prior to the completion or renovation to an existing dwelling unit.

        (b)   The owner of any apartment building, hotel or motel in the city in existence at the time of the passage of this Article or used as such or constructed after the time of the passage of this Article shall install smoke detectors in each apartment, or rental unit that has sleeping facilities, and each motel or hotel room prior to allowing any person to rent, lease or occupy said apartment, rental unit, motel or hotel room.

        (c)   It shall be the responsibility of the occupant of each rental dwelling to report any malfunction of any smoke detector to responsible person(s).  (Ord. 541)

Sec. 5-63.  Type of detector.

        Smoke detectors shall bear the label of a nationally recognized standards testing laboratory that indicates that the smoke detectors have been tested and listed under the requirement of United Laboratories, Inc., Standard UL217 2nd Edition or National Fire Protection Association Standard 72E and 74.  (Ord. 541)

Sec. 5-64.  Enforcement and inspection.

        (a)   The building code inspector or other city official charged with the issuance of construction or building permits for the buildings and structures to which this Article applies shall require that all plans for new construction or renovation of existing structures to which this Article applies contain an indication that calls for the installation of smoke detectors as required by the provisions of this Article and shall not approve or issue such permit in the absence thereof.

        (b)   The director of public works or his designee shall have jurisdiction to inspect residential rental dwelling units, apartments, motels and hotels for the installation of any smoke detector required to be installed under this Article or any other ordinance.  Such inspection may be held between the hours of 9:00 a.m. and 5:00 p.m. Monday through Friday.  (Ord. 541)

Sec. 5-65.  Penalties.

        Any owner found to be in violation of the provisions of this Article shall be subject to prosecution in the municipal court and upon conviction such owner shall be subject to a punishment of a fine not to exceed fifty dollars.  For the purpose of such prosecution, each day that a violation exists shall constitute a separate offense punishable as set for herein.  (Ord. 541)

Secs. 5-66 to 5-70.  Reserved.