City of Rolla, Missouri

Municipal Ordinances

Chapter 6 - Buildings

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Chapter Contents:

Article I - In General

Sec. 6-1. Street numbers required of property owners on dwelling or structure.

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.
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 colors 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.
Specific numbers: The numbers required to be displayed under the provisions of this Ordinance shall be those numbers that are determined by Public Works Department of the City of Rolla, Missouri. (Ord. 3259, 1)
Applicability: The provisions of this Ordinance shall be applicable to private and non dedicated streets situated within developments that require plat approval under the ordinance of the City of Rolla, Missouri.
Minimum distance: In any instance in which a house or other structure described in this Ordinance is situated a distance of 100 feet or more from the roadway, such street number shall be displayed in a like manner as provided herein on a sign located not more than 25 feet from said roadway.
Type of numerals: It is specifically required by the provisions of this Ordinance that Arabic numerals be displayed and that the displaying of script , Roman or other form of numerical connotation shall not satisfy the requirements of this Ordinance.
Penalties: A violation of the requirements of this Ordinance shall constitute an offense which shall be punishable by a fine not to exceed $50.00. Each day such dwelling or structure shall remain in violation of the requirements of this Ordinance shall subject the owner thereof to prosecution for a separate offense. (Ord. 2350, 7.)

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Sec. 6-2. Fire Limits.

Fire limits are established as follows: Beginning at intersection of Cedar and Fourth Street; thence down center of Fourth Street to intersection of Fourth and Main Streets; thence north middle of Main Street to intersection of Main Street and Twelfth Street; thence east down middle of Twelfth Street to intersection of Twelfth Street and Cedar Street; thence down middle of Cedar Street to point of beginning. (Ord. 932, 101.)

Sec. 6-3 to 6-7. Reserved

Article II - Board of Appeals

Sec. 6-8. Established

There is hereby established a board to be known as the Board of Appeals pursuant to the International Building Code. (Ord. 2596, 3; Ord. 2164, 1; Ord. 2927, 2; Ord. 3151, 2; Ord. 3764, 1)

Sec. 6-9. Composition; appointment; term of office

The Board of Appeals shall consist of five members appointed by the Mayor and shall serve a term of five years or until his successor has been appointed. (Ord. 2164, 2; Ord. 2227, 1; Ord. 2927, 2; Ord. 3764, 1)

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Sec. 6-10. Qualifications; duties; meetings

Such board members shall have the qualifications and shall conduct their duties and meetings pursuant to the International Building Code and shall be residents of the city of Rolla, except that non-residents currently serving on the Board shall be allowed to continue to serve in that capacity (Ord. 2596, 3; Ord. 2927, 2; Ord. 3151, 2; Ord. 3764, 1)

Secs. 6-11 to 6-15. Reserved

Article III - Building Regulations

Sec. 6-16. International Building Code/International Existing Building Code

There is hereby adopted by the City, for the purpose of establishing rules and regulations applicable to and governing all building and construction in the City, that certain code known as the International Building Code, 2018 Edition, and the Appendix Chapters A, B, I, and K, of which code not less than two copies have been and now are filed in the office of the City Clerk, and the same is hereby adopted and incorporated in the Code of the City of Rolla, Missouri, as if set out at length herein.
This Ordinance shall be in full force and effect from and after January 1, 2019. (Ord. 2277, §2; Ord. 2596, §2-3; Ord. 2927, §2; Ord. 3151, §2; Ord. 3549, §2; Ord. 4454, §2)

Sec. 6-17. Same - Amendments

101.1 Title is hereby amended by inserting the words "City of Rolla, Missouri".

105.2 Work exempt from permit. Change the following:
Building:
1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided that the floor area is not greater than 200 square feet.
7. Roof covering, siding, painting, papering, tiling, carpeting, cabinets, countertops, and similar finish work.

105.5 Expiration. Every permit issued shall be valid for one year after issuance unless work authorized by the permit is not commenced within 180 days after issuance, or if the authorized work is suspended or abandoned for a period of 180 days after the time the work is commenced. At that time the permit would become void and re-application would need to be made. A one-time, one-year extension of a valid permit may be obtained at a cost of one-half of the original permit fee.

109.2 Schedule of permit fees. Insert the following:

New Construction – IBC Permit Fee Schedule (Gross Area x Gross Area Modifier x Permit Fee Multiplier (0.0022) = Permit Fee. The permit fee multiplier shall be increased annually, until a minimum 50% recapture rate is maintained by the Community Development Department and Fire Department in costs related to building inspections and property maintenance. (Ord. 4526, §1)

Flat Rate Fee Schedule

Portable storage building over 200 sq. ft.	$50
Portable Carport	$50
Deck, Porch or Stairs	$50 (residential)	$100 (commercial)
Electric Service	$50 (residential)	$100 (commercial)
Mechanical, Electric, Plumbing Work	$50 (residential)	$100 (commercial)
Pool or Spa (residential)	$50 (above-ground)	$150 (in-ground)
Pool or Spa (commercial)		$300
Mobile Home		$100
Alterations less than 500 sq. ft.	$50 (residential)	$100 (commercial)
Alterations 501 - 1499 sq. ft.	$100 (residential)	$200 (commercial)
Alterations 1500 sq. ft. and larger	$150 (residential)	$300 (commercial)
Signs 50 sq. ft. and under		$75
Signs over 50 sq. ft.		$150
Communication Tower		$300
Demolition	$50 (residential) (plus $200 deposit)	$100 (commercial) (plus $500 deposit)
Excavation	$750
Sewer connection and/or tapping fees and excavation deposit will remain unchanged.

When construction has commenced without a permit, the permit fee shall be twice the original amount to cover the additional inspections and the time necessary to insure compliance with the code. When construction has begun under the authorization of a permit, but the permit holder has failed to obtain the required inspection, and the construction has passed the stage in which the inspection can be reasonably done, then an additional 25% of the original permit fee ($25 minimum) will be charged. A $200 deposit will be required on all residential permits and a $500 deposit will be required on all commercial construction permits with estimated construction costs greater than $2,500. This deposit shall be refunded after final inspection has been approved under a valid and current permit and the Public Works Department has approved all work and the condition of the right-of-way. Should the permit expire or final inspection not be obtained and approved within this timeframe, the deposit shall be forfeited.

114.4 Violation penalties. Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, construct, alter or repair a building or structure in violation of an approved plan or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a Misdemeanor, punishable by a fine of not more than $500.00, or by imprisonment not exceeding 90 days, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

115.3 Unlawful Continuance. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than $50.00 or more than $500.00.

903.2.8.1 Exceptions.

An automatic sprinkler system shall not be required in Group R as adopted by Missouri State Statute 67.281 "Any governing body of any political subdivision that adopts the 2009 International Residential Code for One- and Two-Family Dwellings or a subsequent edition of such code without mandated automatic fire sprinkler systems in Section R313 of such code shall retain the language in section R317 of the 2006 International Residential Code for two-family dwellings (R317.1) and townhouses (R317.2)."
An automatic sprinkler system shall not be required in Group R when the habitable space is less than 3,750 sq. ft. for a three unit multiple family home (Three-Plex), or less than 5,000 sq. ft. for a four unit multiple family home (Four-Plex), and no more than 1 story above grade. Each individual apartment, must be constructed with a 1 hour fire separation between individual units and all garage areas must be protected by a one hour fire separation

(Ord. 2596, §3; Ord. 2742, §2; Ord. 2803, §1; Ord. 2927, §2; Ord. 3284, §2; Ord. 3549, §2; Ord. 4454, §2; Ord. 4526, §1)

Sec. 6-18. Moving buildings - Permit required

Any person desiring to move any structure over, along or through the public streets or thoroughfares of the city shall obtain a permit from the city engineer to move such structure. (Ord. 1014, 2)

Sec. 6-19. Same - Special permit for certain buildings

If any structure sought to be moved under Sections 6-18 exceeds twenty feet in height and twenty-four feet in width, a special permit to move such structure shall be obtained from the city engineer and the city engineer shall designate the route to be used in the moving of the structure, and if, in the opinion of the city engineer, the structure cannot be safely moved to its new location without creating traffic hazards or damaging property of the city or others, then the city engineer shall refuse to issue such permit. (Ord. 1014, 3)

Sec. 6-20. Burglar, etc., alarm system between residences, etc., and police, etc., station - Authorized

Permission and authorization is granted to the owners of any business establishment, business property or residential property within the city to install and maintain an electrical burglar or fire alarm system with alarm signal at the police station or fire station of the city. (Ord. 1104, 1.)

Sec. 6-21. Same - Responsibility of owner for installation, damages, etc

The electrical alarm system permitted by Section 6-20 shall be installed and maintained by such person at his expense; and the city shall not, in any manner whatsoever, be responsible for the installation or maintenance of such alarm system, and the city shall not be liable to any person for any damages or injuries which may arise from the installation or maintenance of such alarm system. (Ord. 1104, 2)

Sec. 6-22. Same - Responsibility of city engineer for installation, etc

That portion of the equipment of the electrical alarm system, permitted by Section 6-20, which may be placed on or within any premises which are the property of the city shall be installed and maintained under the supervision, direction and approval of the city engineer. (Ord. 1104, 3)

Sec. 6-23. Same - Service charge

For the right of having the electrical signal located at the police station or fire station, there shall be paid a service charge to the city in the amount of ten dollars per month. Such service charge shall be payable in advance, and such service charge shall be paid for each installation, that is to say, a service charge for an installation at the police station, and a separate service charge for an installation at the fire station. (Ord. 1104, 4)

Sec. 6-24. Same - Same - Disconnection, etc. upon failure to pay

In the event the service charge required by Section 6-23 shall not be paid within a period of thirty days after such charge shall become due and payable, the city engineer is authorized and directed to disconnect and make inoperative the signal for such electrical alarm system. (Ord. 1104, 5)

Sec. 6-25. Unsafe buildings: Purpose; Definitions

Sections 6-25 through 6-34 shall be known as the "Unsafe Buildings Code". Sections 6-25 through 6-34 establish necessary procedures to (a) prosecute the owner, occupant, resident, or other person in possession, charge or control of improperly maintained or otherwise unsafe buildings within the City for failing to properly maintain or otherwise abate and/or remove such conditions, (b) provide procedures allowing the City to abate or remove unsafe conditions resulting from improperly maintained or kept buildings and structures as they are found to exist within the City, (c) allow the City to charge the costs of City implemented abatement or removal action to the owners of the property upon which the improperly maintained or otherwise unsafe buildings exist and to impose a lien against the property upon which the condition are abated or removed, and (d) provide for procedures for permanent removal of such unsafe conditions. This Code is an exercise of the City's general police power and shall be liberally construed. The following definitions shall apply to the terms used herein:

"Building" means any house, building, garage, structure or other erected improvement permanently affixed to property within the City regardless of whether used for residential or commercial purposes.
"City" shall mean the City of Rolla, Missouri.
"Code" as used herein shall mean the Unsafe Building Code.
"Administrator" as used herein shall mean the City's Building Codes Administrator or any qualified designee.
"Hearing Board" shall mean the City's then appointed and serving board of adjustment sitting under this Code, however, as an administrative hearing panel whose decisions shall be subject to review under the Missouri Administrative Procedure and Review Act, Chapter 536, RSMo.
"Owner" shall mean any person or entity then shown as the legal owner of the property hereby affected as reflected in the records of the Phelps County Recorder of Deeds. It shall not include any mortgagee or any beneficiary or trustee under a recorded deed of trust or any person with a leasehold interest in the Property under either a written or oral lease, whether recorded or unrecorded.
"Occupant" means any person or entity in possession of and occupying a building hereby affected for purpose, whether as an owner, resident, lessee or licensee under any lease, license or other permit.
"Unsafe building" as used in the Code shall mean any building hereby affected having those specific qualities or conditions discussed and described in Section 6-28 hereof.
"Unsafe building condition" shall be a building having any of the qualities or conditions described in Section 6-28 hereof.
"Person" shall mean both the owner and any occupant of the property hereby affected.
"Property" shall mean real estate situated within the City upon which an unsafe building is located.

(Ord. 4008, §1)

Sec. 6-26. Unsafe Buildings Prohibited; Constitute Nuisances.

No owner or occupant of any property within the City shall keep, maintain, cause or permit any of the conditions declared to constitute or create as unsafe building under this Code to exist upon such property. It shall be the duty of every owner and occupant of any building within the City to maintain the same so as not to permit the creation, maintenance or existence of an unsafe building condition as defined hereunder. Any building in the City determined to be an unsafe building is hereby declared a nuisance. (Ord. 4008, §1)

Sec. 6-27. Penalties and Enforcement; Remedies Cumulative.

Any person who/which violates any provision of this Code shall be subject to the following penalties, and the City may pursue any or all of the following remedies, which shall be deemed to be cumulative and not mutually exclusive.

Prosecution. The owner, occupant, resident, or other person in possession, charge or control of any condition defined hereunder as a nuisance who shall fail to comply with any notice or order to repair, vacate or demolish such building issued hereunder shall be deemed to have violated this Code and shall be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000.00), unless the owner of the property is not also a resident of the property, in which case such fine may not exceed two thousand dollars ($2,000.00), or by imprisonment not exceeding ninety (90) days; or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. The City through its City Prosecutor may prosecute an alleged violation of any provision or requirement of this Code as hereinafter provided. It shall be a separate offense for each day the nuisance is allowed or continues to exist.
Abatement or Removal. Upon determination that an unsafe building exists, the City may abate or remove the unsafe building condition and assess the costs thereof in accordance with the provisions of this Code.
Injunction. In order to eliminate, remove or prevent an unsafe building condition which is in violation of this Code, the City Counselor, or other attorney(s) employed by the City for such specific purpose, may obtain such civil redress as may be appropriate under the circumstances, including restraining orders and injunctive relief in a court of competent jurisdiction.

(Ord. 4008, §1)

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Sec. 6-28. Unsafe Building Conditions Described.

Any building upon any property within the City which has any of the following defects or conditions shall be deemed an "unsafe building" to the extent that the life, property, or safety of the public or occupants of the building are endangered, and shall be declared an unsafe building hereunder:

Those buildings which have exterior or interior walls or other vertical structural members that list, lean or buckle to such an extent that a plumb line passing through the center of gravity of any such wall or vertical structure members fall outside of the middle third (3rd) of its base.
Those buildings which, exclusive of the foundation, (i) show any evidence of damage or deterioration to the supporting member or members, or (ii) any evidence of damage or deterioration of the non-supporting enclosing or outside walls or coverings that prevent the building from being secured against unauthorized entrance.
Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged or to collapse and thereby posing a risk of injury to persons or damage to other property.
Whenever any portion thereof has wracked, cracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquake than is required in the case of similar new construction.
Those buildings, or any portion thereof, which because of (i) dilapidation, deterioration or decay, (ii) faulty construction, (iii) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building, or (iv) the deterioration, decay or inadequacy of its foundation is reasonably likely in the opinion of the Administrator to partially or completely collapse.
Those buildings, as determined by any official law enforcement agency, used for the illegal manufacture or storage of a controlled substance as defined by this Article.
Those buildings under construction, or a fire damaged building upon which no current building permit is held and no substantial work shall have been performed for the immediately preceding thirty (30) days, and in the opinion of the Administrator conditions or defects exist to the extent that the life, property or safety of the public or its occupants are endangered.
Those portions of any building which remains on a site after the demolition or destruction of the building unless the portion remaining constitutes the proper and secure storage of salvage materials to be removed within thirty (30) days of the original demolition or destruction.
Those buildings used or intended to be used for residential dwelling purposes which are, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, as reasonably determined by the Administrator, unsanitary, unfit for human habitation or in such a condition as is likely to cause sickness, disease or injury.
Those buildings which because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause are reasonably determined by the Administrator to be a fire hazard.
Those buildings where any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic.
Those buildings where the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic.
Those portions of a building or any member, appurtenance or ornamentation on the exterior thereof, which in the reasonable opinion of the Administrator are not of sufficient strength or stability, or are not so anchored, attached or fastened in place so as to be capable of resisting wind pressure of one half of that specified in the building code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the building code for such buildings.
Those buildings which are abandoned for a period in excess of six (6) months so as to constitute such building or portion thereof as an attractive nuisance or hazard to the public, in which the electrical, plumbing, mechanical, or other systems are totally or partially damaged, destroyed, removed or otherwise made inoperable, unsafe or unsanitary, or such conditions or defects exist to the extent that the life, property or safety of the public or its occupants are endangered.

(Ord. 4008, §1)

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Sec. 6-29. Enforcement Administration.

The following provisions set forth the procedures for notice, administrative hearings and enforcement of the Unsafe Buildings Code:

Complaints. The Administrator shall receive any complaint regarding an alleged unsafe building condition hereunder and, based upon such a complaint or said Administrator's own observations, inspect and make initial determinations of the existence of an unsafe building condition and issue a notice to abate or remove the unsafe building condition, and /or require that the building be vacated until the unsafe building condition has been remedied, all as hereafter provided.
Inspections; Right of Entry upon Property for Inspections. The Administrator shall be permitted to enter upon private property for the purpose of making such inspection if necessary to conduct said inspection but only upon the express written consent of the owner of said property or under the specific authority granted pursuant to a lawful warrant issued by a court of competent jurisdiction as provided herein.
Requirement of Abatement Notice. Notice of the existence of an unsafe building condition shall be required in order to require abatement of the condition described hereunder or for the prosecution of a violation or the finding of a violation of any provision of the Unsafe Buildings Code in the Municipal Court of the City of Rolla. Notice shall not be required, and shall not be a prerequisite, to an action for injunctive relief hereunder.
Standards for Abatement. The following standards shall determine whether a building shall be ordered to be repaired, vacated or demolished under the terms of this Code:
1. If the unsafe building can be reasonably repaired so that it does not constitute a unsafe building, as herein defined, it may be ordered repaired.
2. If the unsafe building is in such condition as to make it dangerous to the health, safety or general welfare of human occupants, but it is reasonably capable of being repaired so that it will not constitute a dangerous building, it shall be ordered to be vacated until repaired and ordered repaired.
3. If the unsafe building cannot be reasonably repaired so that it will not constitute an unsafe building as herein defined, it shall be ordered to be demolished.
When Abatement Notice Given; to Whom. When the Administrator has made an initial determination of the existence of an unsafe building condition as defined hereunder, he/she shall as soon as possible thereafter notify the owner, occupant, lessee, mortgagee and any other person or entity having a legal or equitable interest in the property as shown by the land records of the Phelps County Recorder of Deeds.
Contents of Abatement Notice. The abatement notice shall state: (1) the specific provision(s) of the Unsafe Buildings Code violated; (2) the address and the legal description of the property where the condition exists; (3) the name of the Administrator and the address and telephone number of his/her office; (4) the actions necessary to remove or abate the unsafe condition, the time within which abatement must occur or commence, which shall not be fewer than twenty (20) days from the date of service of the notice if notice is made personally or by certified mail, or not fewer than forty-five (45) days of first publication if notice is made by publication; (5) whether the property must be vacated during repairs or, if demolition is required, that the property must be immediately vacated; and (6) that the City may request a hearing before the Hearing Board requesting authority to abate or remove the unsafe building condition upon not less than twenty (20) days notice if corrective action to abate or remove the unsafe condition is not otherwise undertaken by the owner or occupant, or same other person on his/her/its behalf as required.
City Initiated Abatement; Hearing Required. Upon failure of the owner and/or occupant to abate or remove the unsafe building condition upon notice as aforesaid, the City may proceed to abate or remove the condition. However, no such abatement or removal action shall be commenced by the City until a hearing has been conducted before the Hearing Board pursuant to this Code. Upon any such failure of the owner and/or occupant of the property to undertake the corrective action as described in the notice to abate or remove given as aforesaid, the Administrator may request in writing to the City Clerk a hearing before the Hearing Board. Upon receipt of a request for hearing from the Administrator; the City Clerk shall request the Hearing Board to issue written notice of the date, time and place of the hearing, which shall be not less than twenty (20) days after service of such hearing notice if made by personal service or by certified mail, or not less that forty-five (45) days of first publication if service is made by publication.
Contents of Hearing Notice. The hearing notice shall state: (1) the specific provision(s) of the Unsafe Buildings Code allegedly violated; (2) the address and the legal description of the property where the condition exists; (3) the name of the Administrator and the address and telephone number of his/her office; (4) the date, time and place of the hearing to be held; (5) that the City is seeking an order authorizing it to cause said unsafe building condition to be abated or removed at the owner's expense; and (6) that the costs of abatement or removal of the unsafe building condition shall be assessed as a special tax bill, shall be deemed a personal debt against the property owner and, in addition, shall be a lien on the property until paid.
Service of Notice. Notice of the Administrator's request for abatement or removal of an unsafe building condition under this Code, and notice of any hearing requested by the Administrator before the Hearing Board, shall be served as follows:
1. Upon Who Served. Service shall be upon each and every owner, occupant, lessee, mortgagee and any other person or entity having a legal or equitable interest in the property as shown by the land records of the Phelps County Recorder of Deeds.
2. How Served; Posting; Personal Delivery or Certified Mail. Service of any notice required under this code in all cases shall be made by posting any notice required hereunder upon the affected property in a conspicuous place. Service of any required notice shall also be attempted by either personally delivering the written notice to the person to be served, or by delivering said notice by certified mail, return receipt requested, to the person to be served. If service is had by personal delivery, the same shall be attested to by the person making service, to include the name and signature of the person making service, the name of the person served, the date, time and location of service, and a description of the notice so served. If service is by certified mail, the City Clerk shall be responsible for keeping the signed return receipt and the same shall constitute proof of service by certified mail.
3. Service Cannot be had by Personal Delivery or Certified Mail. If service by personal delivery or by certified mail as described above is not possible, the person responsible for making service shall attest in writing to the lack of personal service or service by certified mail. Said writing shall include the name and signature of the person attempting service, the name of the person to have been served, a description of the reasonable attempts to obtain service by personal delivery or certified mail, including a description of the date and nature of the attempts at service. Said writing shall be retained by the City Clerk along with any other documents associated with the unsuccessful service attempts.
4. Service by Publication; When. If service of any notice required hereunder cannot be made as aforesaid, service shall be made by publication. The publication shall contain the full test of the hearing notice, as required by this Code, and shall be published at least once each week for four (4) consecutive weeks on the same day of the week in a newspaper of general circulation published in Phelps County, Missouri. The time, date, and place of the specified in the notice of hearing to be held, or for the commencement of abatement or removal work or for any other thing to be done, shall be at least forty-five (45) days from the date of the first publication of notice. The person causing the service of the notice by publication shall be responsible for obtaining from the publisher an affidavit of publication, which shall be retained by the City Clerk and which shall constitute proof of service by publication.
Conduct of Hearing. At the hearing before the Hearing Board, any party may be represented by counsel, and all parties shall have an opportunity to be heard and present such evidence as shall be relevant to a determination of whether or not an unsafe building condition exists under the terms of the Unsafe Buildings Code. An official court reporter shall make a written record of the hearing. All testimony shall be under oath, which may be administered by the City Clerk or by the court reporter making a written record of the hearing. The cost of the court reporter shall be paid by the City should the proceeding be eventually held against the City, and by the owner if it should not. In the latter case, the cost of such reporting shall be added to the cost of abatement or removal of the unsafe building condition as undertaken by the City, and shall be added to the costs of the abatement or removal in the event the City shall be required to do so, and payable as provided for such costs.
Findings of Hearing Board; Vote. Within twenty (20) days from the date of the hearing required hereunder, the Hearing Board shall upon the basis of competent and substantial evidence offered at the hearing make written findings of fact as to whether or not the property in question has upon it an unsafe building condition under the terms of the Unsafe Buildings Code. Specifically, if it is found that an unsafe building condition exists, the written findings shall state the condition or conditions which constitute the unsafe building. The concurring vote of three (3) members of the Hearing Board shall be necessary to find that an unsafe building condition exists. The Hearing Board may make such further orders as just and necessary to cause abatement or removal of the unsafe building condition found to exist. If the Hearing Board finds that an unsafe building condition does not exist, the proceeding shall be dismissed.
The City Finance Director shall establish procedures wherein twenty-five percent (25%) of the proceeds payable under any insurance policy resulting from a casualty loss to any building upon property within the City, where the loss exceeds fifty percent (50%) of the face value of the policy covering the building, is withheld. The insurer shall, upon the written request of the City, pay said twenty-five (25%) of the proceeds to the City which shall be deposited in an interest bearing account. The City shall release the proceeds and any interest which has accrued on such proceeds received hereunder to the insured or as the terms of the policy and endorsements thereto provide within thirty (30) days after receipt of such insurance moneys, unless the City has enforcement proceedings under the provisions of subparagraph (f) of this Section. If the City has hereunder proceeded with abatement or removal proceedings, all moneys in excess of that necessary to comply with the provisions this Code for City initiated abatement or removal of unsafe building conditions, less salvage value, shall be paid to the insured. If there are no proceeds of any insurance policy as set forth in this subparagraph, at the request of the taxpayer, the tax bill described herein may be paid in installments over a period of not more than ten years. This subparagraph shall apply to fire, explosion, or other casualty loss claims arising on all buildings. This subparagraph does not make the city a party to any insurance contract, and the insurer is not liable to any party for any amount in excess of the proceeds otherwise payable under its insurance policy. (Ord. 4008, §1)

Sec. 6-30. Abatement Administration upon Hearing.

The following provisions set forth the procedures for abatement or removal of violations of the Unsafe Buildings Code upon hearing held as aforesaid:

Abatement. If an unsafe building condition is found to exist upon the required hearing, the Administrator shall proceed to cause the condition which constitutes a violation hereunder to be abated or removed in compliance with any orders made by the Hearing Board; provided that if the estimated cost of the abatement or removal exceeds $1,000.00, the Administrator shall not proceed until he/she has obtained the consent of the City Council to incur the cost of abatement or removal. If presented to the City Council, it may direct the Administrator to pursue alternative relief, such as prosecution or injunctive relief, to cause abatement of the nuisance, any orders issued by the Hearing Board to the contrary notwithstanding. The City shall not enter upon the property to commence abatement activities except upon the express written consent of the owner of said property or under the specific authority granted pursuant to a lawful warrant issued by a court of competent jurisdiction as provided herein.
Emergency measures. In cases where it reasonably appears that there is an immediate danger to the health, safety or welfare of any person, the Administrator may take emergency measures to vacate, repair, board up or demolish an unsafe building, provided that written notice shall be given to the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in such building or structure as promptly as possible, even if only after the emergency measures are taken. The cost of any such emergency work shall be collected in the same manner as herein provided. Unless serious bodily injury or death is likely to occur without emergency action, the City shall not enter upon the property to commence emergency measures except upon the express written consent of the owner of said property or under the specific authority granted pursuant to a lawful warrant issued by a court of competent jurisdiction as provided herein.
Securing Buildings. In all cases where a building does not meet the standards for unsafe buildings as set forth in section 6-28, but which constitutes a nuisance to the general public because it is vacant and open to unauthorized entry, the Administrator may notify the owner to secure the building within twenty-four (24) hours. In the event the owner fails to secure the building within that time, the Administrator may take whatever measures are necessary to secure the building. The cost of such measures shall be recovered in the same manner as herein set forth.
Standards for Securing Buildings. The following are the standards to be met when a building is secured as provided in Section 6-30(c):
1. All doors and other openings other than windows shall be securely locked, boarded, barricaded or otherwise secured.
2. All windows shall be locked or otherwise secured by the installation of security screens or grills. No windows shall be secured by covering them with boards or planks of wood or similar material, except as may be provided herein.
3. In the event that a vacant building should pose a threat to the health, safety or welfare of the public, the Administrator shall order the building to be boarded up on all sides with the cost of such work to be the responsibility of the owner of the building. The building shall be secured by the application of one half-inch thick exterior grade plywood. Such plywood shall be painted with a neutral color to match the building.
4. In the event a building is damaged by fire, tornado or other such catastrophe, the owner of the damaged building may board the windows thereof for a period not to exceed six (6) weeks.
Assessment of Abatement Costs. If the abatement is performed by City employees, the cost of the abatement shall be calculated according to the schedule of costs promulgated by the Administrator and kept on file in the office of the City Clerk. This schedule is to be determined after an analysis by the Administrator and other officers and department heads of the City deemed necessary by the Administrator to determine an accurate estimation of the costs incurred by the City to abate conditions subject to the provisions hereof. If the abatement or removal is performed by independent contractors hired by the City, the costs charged for the abatement or removal will be the actual amount paid to the contractor for the abatement or removal performed. Any and all direct fees and costs, including, but not limited to, landfill fees, hearing costs, and publication fees shall be included in the cost hereof.
Tax Bills for Work; Manner of Payment. Whenever the City shall have caused abatement or removal work to be performed as provided hereunder, the Administrator shall certify the cost of the work to the City Clerk who shall cause the certified costs to be included in a special tax bill to be issued against the property from which the condition was removed or added to the annual real estate tax bill for said property, at the City Clerk's option. Said certified costs shall be collected by the County Collector or other officials designated by the City to collect real property taxes. If the certified costs are not paid, the tax bill shall be considered delinquent. The collection of the delinquent bill shall be governed by the laws governing delinquent and back taxes. The special tax bill from the date of its issuance shall be deemed a personal debt against the owner of the property, and in addition shall be a lien on property until paid. Any tax bill hereunder shall bear interest at a rate of nine percent (9%) per annum until paid.
Enforcement of Tax Bills. Tax bills issued under this Code shall be prima facie evidence of the validity of the bill, the doing of the work and the liability of the property and owner thereof for the charges stated in the bill and may be collected, if default should occur, by enforcement of the City's tax lien in accordance with State law, and/or by suit brought in a court of competent jurisdiction by the City Counselor or by an attorney contracted with for the purpose on behalf of the City. Judgment in any such suit shall be satisfied by any means authorized by statutes or rules of court of the State.
Warrant Application. Any warrant to enter upon property when required hereunder for the purpose of inspection of property, emergency measures, or for the purpose of initiating abatement activities shall be applied for by written affidavit of the Administrator to either the Municipal or Associate Division of the Circuit of Phelps County, Missouri. Such affidavit shall set forth (i) the legal description of the property for which the warrant is applied, (ii) the name and address of the owner of the property, (iii) specific facts constituting probable cause that an unsafe building as defined by this Code exists for which entry is required or that the existence of an unsafe building has been determined upon full and adequate hearing as herein required, and (iv) that entry upon the property is necessary to fully investigate the nature and extent of the unsafe conditions, or to take emergency measures, or to abate said unsafe conditions upon order of the Hearing Board where the owner of the property has failed to comply with such order. (Ord. 4008, §1)

Sec. 6-31. Appeals Under Administrative Review Act.

Any owner of property who is adversely affected by a decision of the Hearing Board may appeal from the order and findings made under the provisions of this Code. The appeal shall be to a Circuit Court of Phelps County, Missouri, as required under Chapter 536 of the Revised Statutes of Missouri. (Ord. 4008, §1)

Sec. 6-32. Duty of Public Officers Is To City.

No officer, agent or employee of the City shall be personally liable for any damage that may occur to any persons or property as a result of any act required of him or permitted to be taken by him under the terms of this code. It hereby further declared that no officer, agent or employee of the City owes any duty under the provisions of this Code to any citizen or other individual but that the duties prescribed herein and imposed upon officers, agents or employees of the City are duties to be performed for and on behalf of the government of said City. (Ord. 4008, §1)

Sec. 6-33. Storage; Redemption; Sale.

After the determination that an unsafe building condition exists upon due hearing as herein required, items having any apparent monetary value, beyond salvage value, removed during any City undertaken abatement or removal shall be transported to a storage area or lot at the expense of the owner or person in custody thereof. Such items shall then be stored for a period of at least thirty (30) days and the person entitled to possession thereof may redeem the items by payment to the City of the actual cost of removal, transportation and storage. If any item is unredeemed after the expiration of the thirty (30) day period, the Administrator, or his/her designee, may sell such items to the highest bidder or, if the items have no sale value, may otherwise dispose of them. Any money received from the disposal of any items shall be applied to the costs charged to the owner or person in charge thereof. (Ord. 4008, §1)

Sec. 6-34. Technical Codes.

Sec. 6-35. Home or Business Inspections.

A home or business inspection is an objective visual examination of the physical structure and systems of a home, from the roof to the foundation performed for the purpose of a real estate transaction or prospective real estate transactions.
The home or business inspection report will generally review the condition of the home's or businesses' heating system, central air conditioning system (temperature permitting), interior plumbing and electrical systems; the roof, attic, and visible insulation; walls, ceilings, floors, windows and doors; the foundation, basement, and visible structure.
Home or business inspections, which are made for the purpose of a real estate transaction or prospective real estate transactions will be done by the Building Official or appointed representative for a fee of $150.00.
Any home or business inspections requested because of specific safety, health or welfare concerns would be performed by the Building Official or appointed representative at no charge. (Ord. 3293, §1)

Sec. 6-36. Building permit fee development incentive: purpose.

The City of Rolla is committed to the promotion of high quality private and public development in all parts of the City and to an ongoing improvement in the quality of life for its citizens. As one means to achieve this purpose, the Rolla City Council may, in special instances, consider proposals to reduce or waive building permit fees. The purpose of this action being to encourage the creation of new private sector jobs, to increase property tax valuation, to promote the retention and expansion of existing industry and to assist in the attraction of new businesses to Rolla. Specifically, the employment of this incentive shall be limited to businesses classified under the North American Industry Classification System (NAICS) manual as Sector 31-33 Manufacturing; Section 51, Sub-sector 514, Information Services and Data Processing Services; and Section 54 Professional, Scientific, and Technical Services. Warehouse and distribution facilities will not be eligible for this incentive unless they are ancillary or accessory to an eligible business located in or near Rolla. (Ord. 3649, §1)

Sec. 6-36.1 Minimum requirements.

Within the context of the purpose stated above, the City Council may, on a case-by-case basis, give consideration to the waiver or reduction of building permit fees as a stimulus for economic development. It is the intent of the City Council that said consideration shall be provided in accordance with the criteria outlined in this document. Nothing herein shall obligate the Rolla City Council to provide this incentive to any applicant.

To be considered eligible for the waiver or reduction of building permit fees, a proposed project must meet the criteria outlined under (a) or (b), as follows:

The project involves a minimum increase in real property value of three hundred (300) percent for a new eligible business; twenty five (25) percent for an expansion of an existing eligible business; or an investment of at least three million in taxable assets; or
The project will result in the creation of at least ten (10) new jobs within a twenty-four (24) month period, directly attributed to the completion and occupancy of the proposed project. (Ord. 3649, §1)

Secs. 6-37 to 6-39. Reserved

Article IV - Mechanical Code

Sec. 6-40. International Mechanical Code - Adopted

There is hereby adopted by the City, for the purpose of establishing rules and regulations applicable to and governing all building and construction in the City, that certain code known as the International Mechanical Code, 2018 Edition, and the Appendix Chapter A, of which code not less than two copies have been and now are filed in the office of the City Clerk, and the same is hereby adopted and incorporated in the Code of the City of Rolla, Missouri, as if set out at length herein.
This Ordinance shall be in full force and effect from and after January 1, 2019. (Ord. 2276, §1; Ord. 2596, §2; Ord. 2729, §1; Ord. 2927, §2; Ord. 3151, §2; Ord. 3549, §2; Ord. 4454, §2)

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Sec. 6-41. Same - Amendments

101.1
Title is hereby amended by inserting the words "City of Rolla, Missouri".

106.4.3
Expiration. Every permit issued shall be valid for one year after issuance unless work authorized by the permit is not commenced within 180 days after it's issuance, or if the authorized work is suspended or abandoned for a period of 180 days after the time the work is commenced. At that time the permit would become void and re-application would need to be made. A one-time, one-year extension of a valid permit may be obtained at a cost of one half of the original permit fee.

106.5.2
Fee schedule. Refer to fee schedule provided in Section 108.7 of the International Building Code.

108.4
Violation penalties. Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, construct, alter or repair a building or structure in violation of an approved plan or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a Misdemeanor, punishable by a fine of not more than $500.00, or by imprisonment not exceeding 90 days, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

108.5
Unlawful Continuance. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe conditions, shall be liable to a fine of not less than $50.00 or more than $500.00.

(Ord. 2276, §§2 to 8; Ord. 2596, §2; Ord. 2729, §2; Ord. 2927, §2; Ord. 3151, §2; Ord. 3284, §4; Ord. 3549, §2, Ord. 4454, §2)

Sec. 6-42 to 6-46. Reserved

Article V - Plumbing Code

Sec. 6-47. International Plumbing Code - Adopted

There is hereby adopted by the City, for the purpose of establishing rules and regulations applicable to and governing all building and construction in the City, that certain code known as the International Plumbing Code, 2018 Edition, and the Appendix Chapter B, D, and E, of which code not less than two copies have been and now are filed in the office of the City Clerk, and the same is hereby adopted and incorporated in the Code of the City of Rolla, Missouri, as if set out at length herein.
This Ordinance shall be in full force and effect from and after January 1, 2019. (Ord. 2274, §1; Ord. 2596, §2-3; Ord. 2927, §2; Ord. 3151, §2; Ord. 3549, §2; Ord. 4454, §2)

Sec. 6-48. Same - Amendments

101.1
Title, is hereby amended by inserting the words "City of Rolla, Missouri".

106.5.3
Expiration. Every permit issued shall be valid for one year after issuance unless work authorized by the permit is not commenced within 180 days after it's issuance, or if the authorized work is suspended or abandoned for a period of 180 days after the time the work is commenced. At that time the permit would become void and re-application would need to be made. A one-time, one-year extension of a valid permit may be obtained at a cost of one half of the original permit fee.

106.6.2
Fee schedule. Refer to fee schedule provided in Section 108.7 of the International Building Code.

904.1
Roof extension. Insert the number 12 inches.

904.4
Prohibited use. Vent terminals shall not be used as a flag pole or to support flag poles, television aerials or similar items.

917.0
Air admittance valves. Air admittance valves shall only be allowed in remodel or modification of the existing plumbing system when the vent cannot connect into the existing vent system or terminate to the outside.

(Ord. 2730, §2; Ord. 2927, §2; Ord. 3151, §2; Ord. 3284, §6; Ord. 3549, §2; Ord. 4454, §2)

Sec. 6-49. Cross-connection control

I. CROSS-CONNECTION CONTROL - GENERAL POLICY.

Purpose: The purpose of this Ordinance is:
1. To protect the public potable water supply from contamination or pollution by containing within the consumer's internal distribution system or private water system contaminants or pollutants which could backflow through the service connection into the public potable water supply system.
2. To promote the elimination, containment, isolation or control of existing cross connections, actual or potential, between the public or consumer's potable water system and nonpotable water systems, plumbing fixtures, and industrial process systems.
3. To provide for the maintenance of a continuing program of cross connection control which will systematically and effectively prevent the contamination or pollution of all potable water systems.
Application: This Ordinance shall apply to all premises served by the public potable water system of the City of Rolla.
Policy: This Ordinance will be reasonably interpreted by the water supplier. It is the water supplier's intent to recognize the varying degrees of hazard and to apply the principle that the degree of protection shall be commensurate with the degree of hazard.

The water supplier shall be primarily responsible for protection of the public potable water distribution system from contamination or pollution due to backflow or contaminants or pollutants through the water service connection. The cooperation of all consumers is required to implement and maintain the program to control cross connections. The water supplier and consumer are jointly responsible for preventing contamination of the water system.

If, in the judgment of the water supplier or his authorized representative, cross connection protection is required through either piping modification or installation of an approved backflow prevention device, due notice shall be given to the consumer. The consumer shall immediately comply by providing the required protection at his own expense; and failure, refusal, or inability on the part of the consumer to provide such protection shall constitute grounds for discontinuing water service to the premises until such protection has been provided.

If, in the opinion of the water supplier or his authorized representative, a real and serious threat to public health is posed, the water supplier may discontinue service without notice.

II. DEFINITIONS

The following definitions shall apply in the interpretation and enforcement of this Ordinance:

Air gap separation - means the unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture, or other device and the overflow level rim of the receptacle, and shall be at least double the diameter of the supply pipe measured vertically.

Approved - means that a backflow prevention device or method has been accepted by the water supplier as defined by Missouri Department of Natural Resources as suitable for the proposed use.

Auxiliary water supply - means any water source or system, other than the public water supply, that may be available in the building or premises.

Backflow - means the flow other than the intended direction of flow, or any foreign liquids, gases, or substances into the distribution system of a public water supply.

Backflow prevention device - means any device, method or type of construction intended to prevent backflow into a potable water system.

Consumer - means protection of the public water supply by installing a cross connection control device or air gap separation on the main service line to a facility.

Consumer's water system - is any water system, supplied by or connected to a public water system, from the point where it taps into the main supply line to the user's facilities. A household plumbing system is considered a consumer's water system.

Containment - means protection of the public water supply by installing a cross connection control device or air gap separation on the main service line to a facility.

Contamination - means an impairment of the quality of the water by sewage, process fluids, or other wastes to a degree which could create an actual hazard to the public health through poisoning or through spread of disease by exposure.

Cross connection - is a physical connection or arrangement between two otherwise separate piping systems; one of which contains potable water, the other a nonpotable fluid, or water or unknown quality, where there could be flow from one system to the other, the direction depending on the pressure differential between the two. Cross connections may be considered as direct or indirect. A direct connection is where the potable water system is physically joined to a system containing unsafe water, sewage, or other waste that could contaminate the safe water system. An indirect cross connection is a condition where a source of contaminated water may be blown across, sucked, or diverted into the potable system.

Hazard, degree of - means an evaluation of the potential risk to public health and the adverse effect of the hazard upon the potable water system.

Hazard, health - Any condition, device or practice in the water supply system and its operation which could create or may create a danger to the health and well being of the water consumer.

Hazard, plumbing - a plumbing type cross connection in a consumer's potable water system that has not been properly protected by a vacuum breaker, air gap separation or backflow prevention device.

Hazard, pollutional - an actual or potential threat to the physical properties of the water system or to the potability of the public or the consumer's potable water system but which would constitute a nuisance or be aesthetically objectionable or could cause damage to the system or its appurtenances, but would not be dangerous to health.

Hazard, system - an actual or potential threat of severe damage to the physical properties of the public potable water system or the consumer's potable water system, or of a pollution or contamination which would have a protracted effect on the quality of the potable water in the system.

Industrial process system - means any system containing a fluid or solution, which may be chemically, biologically, or otherwise contaminated or polluted in a form or concentration such as would constitute a health, system, pollutional, or plumbing hazard if introduced into a potable water supply.

Interchangeable connection - is an arrangement or device that will allow alternate but not simultaneous use of two sources of water.

Isolation - means protection of a facility service line by installing a cross connection control device or air gap separation on an individual fixture, appurtenance, or system.

Pollution - means the presence of any foreign substance (organic, inorganic, or biological) in water which tends to degrade its quality so as to constitute a hazard or impair the usefulness of the water to a degree which does not create an actual hazard to the public health but which does adversely and unreasonably affect such waters for domestic use.

Public potable water system - means any publicly or privately owned water system supplying water to the general public which is satisfactory for drinking, culinary, and domestic purposes and meets the requirements of the Missouri Department of Natural Resources.

Reduced pressure principle backflow prevention device - is a device that contains a minimum of two independently acting check valves with an automatically operated pressure differential relief valve between the two check valves. During normal flow and at the cessation of normal flow, the pressure between these two checks is less than the supply pressure. In case of leakage of either check valve, the differential relief valve, by discharging to the atmosphere, maintains the pressure between the check valves at less than the supply pressure. The unit includes tightly closing shut-off valves at each end of the device, and each device is fitted with test cocks.

Service connection - means the terminal end of a service line from the public water system. If a meter is installed at the end of the service, then the service connection means the downstream end of the meter.

Water supplier - means Rolla Municipal Utilities.

III. CROSS-CONNECTIONS PROHIBITED.

No water service connection shall be installed or maintained to any premises where actual or potential cross connections to the public potable or consumer's water system may exist unless such actual or potential cross connections are abated or controlled to the satisfaction of the water supplier and as required by the laws and regulations of the Missouri Department of Natural Resources.
Connection shall be installed or maintained, whereby an auxiliary water supply may enter a public potable or consumer's water system unless such auxiliary water supply and the method of connection and use of such supply shall have been approved by the water supplier and the Missouri Department of Natural Resources.
No water service connection shall be installed or maintained to any premises in which the plumbing system, facilities, and fixtures have not been constructed and installed using acceptable plumbing practices considered by the water supplier as necessary for the protection of health and safety.

IV. SURVEY AND INVESTIGATIONS

The consumer's premises shall be open at all reasonable times to the water supplier, or his authorized representative, for the conduction of surveys and investigations of water use practices within the consumer's premises to determine whether there are actual or potential cross connections to the consumer's water system through which contaminants or pollutants could backflow into the public potable water systems.
On request by the water supplier or his authorized representative, the consumer shall furnish information on water use practices within his premises.
It shall be the responsibility of the water consumer to conduct periodic surveys of water use practices on his premises to determine whether there are actual or potential cross connections to his water system through which contaminants or pollutants could backflow into his or the public potable water system.

V. TYPE OF PROTECTION REQUIRED

The type of protection required by this Ordinance shall depend on the degree of hazard which exists, as follows:
1. An approved air gap separation shall be installed where the public potable water system may be contaminated with substances that could cause severe health hazard.
2. An approved air gap separation or an approved reduced pressure principle backflow prevention device shall be installed where the public potable water system may be contaminated with a substance that could cause a system or health hazard.
3. An approved air gap separation or an approved reduced pressure principle backflow prevention device or an approved double check valve assembly shall be installed where the public potable water system may be polluted with substances that could cause a pollutional hazard not dangerous to health.

VI. WHERE PROTECTION IS REQUIRED

An approved backflow prevention device shall be installed on each service line to a consumer's water system serving premises where, in the judgment of the water purveyor or the Missouri Department of Natural Resources, actual or potential hazards to the public potable water system exist. The type and degree of protection required shall be commensurate with the degree of hazard.
An approved air gap separation or reduced pressure principle backflow prevention device shall be installed at the service connection or within any premises where, in the judgment of the water supplier or the Missouri Department of Natural Resources, the nature and extent of activities on the premises, or the materials used in connection with the activities, or materials stored on the premises, would present an immediate and dangerous hazard to health should a cross-connection occur, even though such cross-connection may not exist at the time the backflow prevention device is required to be installed. This includes but is not limited to the following situations:
1. Premises having an auxiliary water supply, unless the quality of the auxiliary supply is acceptable to the water supplier and the Missouri Department of Natural Resources.
2. Premises having internal cross connections that are not correctable, or intricate plumbing arrangements which make it impractical to ascertain whether or not cross-connections exist.
3. Premises where entry is restricted so that inspection for cross connections cannot be made with sufficient frequency or at sufficiently short notice to assure the cross connections do not exist.
4. Premises having a repeated history of cross connections being established or reestablished.
5. Premises, which due to the nature of the enterprise therein, are subject to recurring modification or expansion.
6. Premises on which any substance is handled under pressure so as to permit entry into the public water supply, or where a cross connection could reasonably be expected to occur. This shall include the handling of process waters and cooling waters.
7. Premises where materials of a toxic or hazardous nature are handled such that if backsiphonage or back pressure should occur, a serious health hazard may result.
The following types of facilities fall into one or more of the categories of premi ses where an approved air gap separation or reduced pressure principle backflow prevention device is required by the water supplier and the Missouri Department of Natural Resources to protect the public water supply and must be installed at these facilities unless all hazardous or potentially hazardous conditions have been eliminated or corrected by other methods to the satisfaction of the water supplier and the Missouri Department of Natural Resources.
1. Aircraft and missile plants
2. Automotive plants
3. Auxiliary water systems
4. Beverage bottling plants
5. Canneries, packing houses, and reduction plants
6. Car washing facilities
7. Chemical manufacturing, processing, compounding or treatment plants
8. Cold storage plants, dairies
9. Film laboratories
10. Fire protection systems
11. Hazardous waste storage and disposal sites
12. Hospitals, mortuaries, clinics
13. Irrigation and sprinkler systems
14. Industries using toxic substances
15. Laundries and dye works
16. Metal manufacturing, cleaning, processing and fabricating plants
17. Nursing or convalescent homes and clinics
18. Oil and gas production, storage or transmission properties
19. Paper and paper products plants
20. Plating plants
21. Power plants
22. Printing and publishing facilities
23. Radioactive material processing plants or nuclear reactors
24. Research and analytical laboratories
25. Rubber plants, natural and synthetic
26. Stockyards
27. Sewage and storm drainage facilities - pumping stations
28. Water front facilities and industries
29. Water loading stations

Backflow prevention devices:

Any backflow prevention device required by this Ordinance shall be of a model or construction approved by the water supplier and the Missouri Department of Natural Resources.
1. Air gap separation to be approved shall be at least twice the diameter of the supply pipe, measured vertically above the top rim of the vessel, but in no case less than one inch.
2. A double check valve assembly or a reduced pressure principle backflow prevention device shall be approved by the water supplier and shall appear on the current "list of approved backflow prevention devices" established by the Missouri Department of Natural Resources.
Existing backflow prevention devices approved by the water supplier at the time of installation and properly maintained shall, except for inspection and maintenance requirements, be excluded from the requirements of this Ordinance so long as the water supplier is assured that they will satisfactorily protect the water system. Whenever the existing device is moved from its present location, or requires more than minimum maintenance, or when the water supplier finds that the maintenance constitutes a hazard to health, the unit shall be replaced by a backflow prevention device meeting the requirements of this Ordinance.

Installation:

Backflow prevention devices required by this Ordinance shall be installed at a location and in a manner approved by the water supplier and shall be installed at the expense of the water consumer.
Backflow prevention devices installed on the service line to the consumer's water system shall be located on the consumer's side of the water meter, as close to the meter as is reasonably practical, and prior to any other connection.
Backflow prevention devices shall be located so as to be readily accessible for maintenance and testing, protected from freezing and where no part of the device will be submerged or subject to flooding by any fluid.

Inspection and maintenance:

It shall be the duty of the consumer at any premises on which backflow prevention devices required by this Ordinance are installed to have inspection, tests, and overhauls made in accordance with the following schedule or more often where inspections indicate a need.
1. Air gap separations shall be inspected at the time of installation and at least every twelve months thereafter.
2. Double check valve assemblies shall be inspected and tested for tightness at the time of installation and at least every twelve months thereafter. They shall be dismantled, inspected internally, cleaned, and repaired whenever needed and at least every thirty months.
3. Reduced pressure principle backflow prevention devices shall be inspected and tested for tightness at the time of installation and at least every twelve months thereafter. They shall be dismantled, inspected internally, cleaned, and repaired whenever needed and at least every five years.
Inspections, tests, and overhauls of backflow prevention devices shall be made at the expense of the water consumer and shall be performed by a State of Missouri certified backflow prevention device tester.
Whenever backflow prevention devices required by this Ordinance are found to be defective, they shall be repaired or replaced at the expense of the consumer without delay.
The water consumer must maintain a complete record of each backflow prevention device from purchase to retirement. This shall include a comprehensive listing that includes a record of all tests, inspections, and repairs. Records of inspections, tests, repairs, and overhauls shall be made available to the water supplier upon request.
Backflow prevention devices shall not be bypassed, made inoperative, removed, or otherwise made ineffective without specific authorization by the water supplier.

Violations:

The water supplier shall deny or discontinue, after reasonable notice to the occupants thereof, the water service to any premises wherein any backflow prevention device required by this Ordinance is not installed, tested, and maintained in a manner acceptable to the water supplier or if it is found that the backflow prevention device has been removed or bypassed, or if an unprotected cross connection exists on the premises.
Water service to such premises shall not be restored until the consumer has corrected or eliminated such conditions or defects in conformance with this Ordinance to the satisfaction of the water supplier. (Ord. 2596, 2.)

VII. EFFECTIVE DATE

This Ordinance shall be in full force and effect from and after August 15, 1988. (Ord. 2596, 3; Ord. 2730, 1.)

Sec. 6-50. Sewer laterals

All sanitary sewer laterals installed within the City of Rolla, 4" in diameter or less, will be SDR-40, plastic pipe. (Ord. 2596, 2.)
This Ordinance shall be in full force and effect from and after August 15, 1988. (Ord. 2596, 3; Ord. 2730, 1.)

Secs. 6-51 to 6-54. Reserved

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Article VI - Residential Code

Sec. 6-55. International Residential Code - Adopted

There is hereby adopted by the City, for the purpose of establishing rules and regulations applicable to and governing all building and construction in the City, that certain code known as the International Residential Code/International Swimming Pool and Spa Code, 2018 Edition, and the Appendix Chapter A, B, C, E, G, H, J, N, P, Q and S, of which code not less than two copies have been and now are filed in the office of the City Clerk, and the same is hereby adopted and incorporated in the Code of the City of Rolla, Missouri, as if set out at length herein.
This Ordinance shall be in full force and effect from and after January 1, 2019.

(Ord. 3549, §2; Ord. 4454, §2)

Sec. 6-56. Same - Amendments

R 101.1 Title, is hereby amended by inserting the words "City of Rolla, Missouri".

R 105.2 Work exempt from permit. Change the following:

Building:
6. Roof covering, siding, painting, papering, tiling, carpeting, cabinets, countertops, and similar finish work.

R 105.5 Expiration. Every permit issued, shall be valid for one year after issuance unless work authorized by the permit is not commenced within 180 days after its issuance, or if the authorized work is suspended or abandoned for a period of 180 days after the time the work is commenced. At that time the permit would become void and re-application would need to be made. A one-time, one-year extension of a valid permit may be obtained at a cost of one half of the original permit fee.

R 108.2 Schedule of Permit Fees. Refer to fee schedule provided in Section 108.7 of the International Building Code.

R 113.4 Violation penalties. Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, construct, alter or repair a building or structure in violation of an approved plan or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a Misdemeanor, punishable by a fine of not more than $500.00, or by imprisonment not exceeding 90 days, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

R 114.2 Unlawful Continuance. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe conditions, shall be liable to a fine of not less than $50.00 or more than $500.00.

318.2 Chemical Termiticide Treatment. Chemical termiticide treatment shall include soil treatment or field-applied wood treatment. The concentration, rate of application and method of treatment of the chemical termiticide shall be in strict accordance with the termiticide label. When chemical protection against termites is used a certificate or proof of treatment from a licensed exterminator will be required.

R502.3.1 Sleeping Areas and Attic Joist. Delete.

R2433.1 Log lighters. Delete and replace with "Not allowed."

P2805.1 Water heater sizing chart. Insert chart from 1995 CABO.


Fuel Type (G/E/O = Gas/Electric/Oil)	G	E	O	G	E	O	G	E	O
Number of Bedrooms	1			2			3
Storage (gal)	20	20	30	30	30	30	30	40	30
Input (BTU/h or kw)	27k	2.5	70k	36k	3.5	70k	36k	4.5	70k
Draw (gph)	43	30	89	60	44	89	60	58	89
Recovery (gph)	23	10	59	30	14	59	30	18	59


Fuel Type (G/E/O = Gas/Electric/Oil)	G	E	O	G	E	O	G	E	O	G	E	O
Number of Bedrooms	2			3			4			5
Storage (gal)	30	40	30	40	50	30	40	50	30	50	66	30
Input (BTU/h or kw)	36k	4.5	70k	36k	5.5	70k	38k	5.5	70k	47k	5.5	70k
Draw (gph)	60	58	89	70	72	89	72	72	89	90	88	89
Recovery (gph)	30	18	59	30	22	59	32	22	59	40	22	59


Fuel Type (G/E/O = Gas/Electric/Oil)	G	E	O	G	E	O	G	E	O	G	E	O
Number of Bedrooms	3			4			5			6
Storage (gal)	40	50	30	50	66	30	50	66	30	50	80	40
Input (BTU/h or kw)	38k	5.5	70k	38k	5.5	70k	47k	5.5	70k	50k	5.5	70k
Draw (gph)	72	72	89	82	88	89	90	88	89	92	102	99
Recovery (gph)	32	22	59	32	22	59	40	22	59	42	22	59

For S1: 1 gallon = 3.785 L. 1 gallon per hour = 1.05 mL/s. 1 Btu/h = 0.2931 W. °F = 1.8°C. - 32

NOTE: Storage capacity input and the recovery requirements indicated in the table are typical and may vary with each individual manufacturer. Any combination of these requirements to produce the 1-hour draw stated will be satisfactory. Recovery is based on 100°F Water temperature use.

P3102.1 Required Vent Extension. Every building shall have a main vent a minimum of three (3) inches in diameter that is either a vent stack or stack vent. Such vent shall run undiminished in size and as directly as possible from the building drain through to the open air above the roof. All other vent extensions to the outside shall be not less than two (2) inches in diameter.

P3103.1 Roof extensions. All open vent pipes which extend through a roof shall be terminated at least twelve (12) inches above the upslope side of the penetration, except that where a roof is to be used for any purpose other than weather protection, the vent extension shall be run at least 7 feet above the roof.

P3114.3 Where permitted. Air admittance valves shall only be allowed in remodel or modification of the existing plumbing system when the vent cannot connect into the existing vent system or terminate to the outside.

E3902.16 Replace With. All branch circuits that supply 125-volt, single-phase, 15- and 20-ampere receptacle outlets installed in dwelling unit bedrooms shall be protected by an arc-fault circuit interrupter(s). This requirement shall become effective January 1 2019.

(Ord. 3549, §2; Ord. 4454, §2)

Secs. 6-57 to 6-60. Reserved

Article VII - VACANT RESIDENTIAL PROPERTY REGISTRATION

Sec. 6-61. Definitions.

As used in this chapter:

Abandoned residential structure means any building, including an accessory building, including buildings owned, operated, or subsidized by public or nonprofit agencies, which:
1. Has been unoccupied for a period of at least 180 consecutive days; and
2. Which also meets at least two of the following conditions:
  1. Not secured; or
  2. Is fire damaged to an extent which prohibits safe human occupancy; or
  3. Is the site of loitering or vagrancy; or
  4. Demonstrates a lack of property maintenance and upkeep as evidenced by one or more violations of the City Code; or
  5. Has been boarded up for at least 90 days; or
  6. Has taxes in arrears to the City for a period of time exceeding 365 days; or
  7. Has water and/or electricity that has been disconnected; or
  8. Is structurally unsound; or - Is a potential hazard or danger to persons.
Accessory building means a subordinate structure on the same premises as the main structure, the use of which would be naturally and normally incidental to that of the main structure, whether the main structure is an abandoned structure or not, such as, but not limited to, a garage, barn or storage shed.
Director means the Director of Community Development or his or her designee.
Owner means any person with a legal or equitable ownership interest in the structure.
Secured means a building which has all points of entry into the structure either:
1. Closed by use of windows and doors which are in proper working order, intact, without holes, broken elements, and are locked; or
2. Secured by sheeting approved for exterior conditions of a neutral color.

(Ord. 4624, §1)

Sec. 6-62. Registration required.

Owners of abandoned residential structures shall register such properties with the City and pay an administration fee. Registration shall occur upon the building meeting the requirements set forth in this article, and in no event more than 15 days after notice by the City that the property is required to be registered. The duty to register an abandoned structure shall not require prior notice to the owner by the City. Registration of an abandoned structure does not preclude the City from taking appropriate actions to secure the property or to issue orders to repair or abate dangerous, hazardous or unlawful conditions or from acting to eliminate an imminent hazard to public health and safety.

(Ord. 4624, §1)

Sec. 6-63. Registration information

For each abandoned residential structure each owner shall register with the City and provide the following information on an abandoned structure registration form available from the City:
1. The common name of the property, if any, and exact street address of each dwelling to be registered, including unit number and total number units in the dwelling;
2. The legal names of all owners of the property;
3. The complete mailing address of all owners;
4. Telephone numbers of each owner, including cell phone and mobile phone numbers;
5. Date of birth of all owners;
6. If the property is owned by a corporation, limited liability company, partnership, limited partnership, trust or real estate investment trust, the name, address and phone number of the any following shall be provided:
  1. For a corporation, a corporate officer and the chief operating officer;
  2. For a partnership, the managing partner;
  3. For a limited liability company, the managing or administrative member;
  4. For a limited partnership, a general partner;
  5. For a trust, a trustee; or
  6. For a real estate investment trust, a general partner or an officer.
7. The full name, address, telephone number, and email address of a local agent or representative authorized by the owner to handle the affairs of the property. The local agent or representative shall be an individual over the age of 18 years. For the purpose of this subsection, "local" shall mean a person who resides within Phelps County and may be one of the owners. If the local representative is not an owner, the owners shall provide proof that the local representative is authorized to act on the owner's behalf;
8. The reason for vacancy of the property;
9. The estimated length of time the property is expected to remain vacant; and
10. Any plans for restoration, reuse or removal with an accompanying timeline and work schedule
An owner shall notify the City and file an amended form within seven days of any change in the registration information required by this section.

(Ord. 4624, §1)

Sec. 6-64. Registration.

An owner of an abandoned structure, whether registered or not, shall pay an abandoned structure registration fee, the amounts of which shall be two hundred dollars ($200.00) for each six (6) months, prorated for the time during which such structure remains an abandoned structure.
The Director shall investigate any property that may be subject to registration. Based upon his findings, the Director may register property as a vacant residential structure subject to this article.
Within five business days of such registration, the Director shall notify the owners of the registered property by mail at their last known address according to the records of Phelps County. Such notice shall state:
1. A description of the property registered;
2. A description of the abandoned building criteria found on the property;
3. The fact that a semi-annual registration fee has been levied on the property; and
4. The semi-annual registration fee of two hundred dollars ($200.00)
Within 30 days of the date of notification, the property owner may complete any improvements to the property that may be necessary to remove the property from registration under this article and may request an inspection of the property and reconsideration of the levy of the registration fee. Upon receipt of a written request for reconsideration of the levy of the registration fee which sets out the reasons claimed by the property owner as to why the registration fee should be waived, the Director may waive levy of the registration fee following timely compliance.
Appeal of registration and/or reconsideration to Municipal Judge. Within 30 days of the date of such notification or within 30 days of the date of reconsideration by the Director, the property owner may appeal the decision to the Municipal Judge. The decision of the Municipal Judge shall constitute a final administrative decision pursuant to RSMo 536.

(Ord. 4624, §1)

Sec. 6-65. Registration fee.

Amount of fee. There is hereby established and assessed a semi-annual fee in the total amount of $200.00 imposed on all owners of property registered under this article.
Owner responsible. It shall be the joint and several responsibilities of each owner of property registered pursuant to this article to pay the semi-annual registration fee.
Accrual of fee. The registration fee shall begin to accrue on the beginning of the second calendar quarter after registration by the Director or reconsideration by the Director; however, in the event that an appeal is filed with Circuit Court, the registration fee shall begin to accrue on the beginning of the second calendar quarter after the final decision of the Circuit Judge or court of competent jurisdiction.
Billing procedures—Late penalties. The Finance Department shall cause to be mailed to the owner of property registered under this article, at his/her last known address, a bill for the semi-annual registration fee. The fee shall be due and payable within 30 days of mailing. In addition to any other penalties provided by law, if an owner fails to pay the fee assessed for such property within 30 days of the date of mailing, a late payment fee of $25.00 per month shall be assessed for each month during which the fee remains unpaid.
Failure to pay fee unlawful. It shall be unlawful for any owner of property registered pursuant to this article to fail to pay the registration fee imposed for such property. Any person found guilty of failing to pay any required fee shall be punished as provided in the City Code.
Collection of delinquent fees; lien on property and other effects of delinquent fees; foreclosure proceedings.
1. Action to recover. In addition to any other penalties provided by law, the City may initiate and pursue an action in a court of competent jurisdiction to recover any unpaid fees, interest and penalties from any person liable therefore and, in addition, may recover the cost of such action, including reasonable attorney fees.
2. Lien on property. Any unpaid or delinquent fees, interest and/or penalties, whether or not reduced to judgment, shall constitute a lien against the property for which the fee was originally assessed until the same shall be fully satisfied. The City Clerk is authorized to take all steps necessary to file and perfect such liens as may be required or directed by the Director from time to time.
3. Obtaining permits prohibited. In addition to any other penalties provided by law, if an owner fails to pay the fee assessed for such property, including any late payment fee subsequently imposed, within 60 days of the date of mailing of the initial bill, said owner shall not be permitted to apply for, obtain or renew any City license or permit of any kind until such delinquency has been satisfied.
4. Foreclosure. Any registration fees which are delinquent for a period of one year 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 the property only by presenting evidence that the violations of the applicable City Code cited by the Director has been cured and presenting payment of all registration fees and penalties.
5. Sale of property. Upon bona fide sale of the property to an unrelated party, the lien on such property for the registration fees shall be considered released and the delinquent registration fee forgiven.

(Ord. 4624, §1)

Sec. 6-66. Securing residential structures.

All abandoned residential structures must be secured upon qualifying as an abandoned structure, or upon notice that the building must be registered as an abandoned structure, or upon order of the Director of Community Development or his or her designee.

A City order to secure an abandoned property shall be complied with by the owner within 72 hours. If the securing has not been completed or does not comply with the requirements for securing the structure under this chapter, the City shall secure the structure and the City shall bill the owner of record for all costs incurred, including service fee and administrative costs. The amount so billed may be assessed as a lien against the property and shall also be a personal debt against the owner of the abandoned property.
If any structure previously ordered secured and then subsequently secured by the City shall thereafter become unsecured without the consent of the City, the City shall re-secure the structure. The costs of re-securing the structure shall be assessed against the owner as a lien against the property and shall also be a personal debt against the owner of the abandoned property.
Sheeting approved for exterior conditions of a neutral color shall be placed over all points of entry on an abandoned structure such that all exterior openings suitable for animal or human entry are secured.

(Ord. 4624, §1)

Sec. 6-67. Right of entry and inspection.

If the owner has failed to secure a property and it has been secured by the City, the City may enter or reenter the structure to conduct necessary inspections to ensure compliance with the requirements of this chapter and to determine if there are any emergency or hazardous conditions.

(Ord. 4624, §1)

Sec.6-68. Reuse and occupancy.

No abandoned structure shall be reoccupied until inspected and found to be in full compliance with all applicable City codes and a certificate of occupancy is issued by the City.

(Ord. 4624, §1)

Sec 6-69. Responsibility for violations.

All nuisance, housing, building and related code violations will be cited and noticed to the owner of record and shall become the owner's responsibility to bring in compliance. If the owner sells or otherwise disposes of the property to another party, the new owner shall not be entitled to any extension of time to correct or address such violations as existed at the time of sale, transfer or conveyance of the property.

(Ord. 4624, §1)

Sec. 6-70. Penalty.

A person who fails to comply with the requirements of this article is guilty of an ordinance violation and shall be subject to a fine of not more than $500.00 or up to 90 days in jail, or both, for each offense.
In addition to any other penalty provided, the City may enforce this article by a suit for an injunction.
Prior to charging any person with violating the registration requirement in Article VIII, the City Clerk shall notify the accused of the violation and give the accused ten days to register, if the accused shall register within the said ten days then this shall be a complete defense to the charge of failure to register.

(Ord. 4624, §1)

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Municipal Ordinances

Chapter 6 - Buildings

Chapter Contents:

Article I - In General

Article II - Board of Appeals

Article III - Building Regulations

Article IV - Mechanical Code

Article V - Plumbing Code

Article VI - Residential Code

Article VI - Vacant Residential Property Registration

Article I - In General

Sec. 6-1. Street numbers required of property owners on dwelling or structure.

Sec. 6-2. Fire Limits.

Sec. 6-3 to 6-7. Reserved

Article II - Board of Appeals

Sec. 6-8. Established

Sec. 6-9. Composition; appointment; term of office

Sec. 6-10. Qualifications; duties; meetings

Secs. 6-11 to 6-15. Reserved

Article III - Building Regulations

Sec. 6-17. Same - Amendments

Sec. 6-18. Moving buildings - Permit required

Sec. 6-19. Same - Special permit for certain buildings

Sec. 6-20. Burglar, etc., alarm system between residences, etc., and police, etc., station - Authorized

Sec. 6-21. Same - Responsibility of owner for installation, damages, etc

Sec. 6-22. Same - Responsibility of city engineer for installation, etc

Sec. 6-23. Same - Service charge

Sec. 6-24. Same - Same - Disconnection, etc. upon failure to pay

Sec. 6-25. Unsafe buildings: Purpose; Definitions

Sec. 6-26. Unsafe Buildings Prohibited; Constitute Nuisances.

Sec. 6-27. Penalties and Enforcement; Remedies Cumulative.

Sec. 6-28. Unsafe Building Conditions Described.

Sec. 6-29. Enforcement Administration.

Sec. 6-30. Abatement Administration upon Hearing.

Sec. 6-31. Appeals Under Administrative Review Act.

Sec. 6-32. Duty of Public Officers Is To City.

Sec. 6-33. Storage; Redemption; Sale.

Sec. 6-34. Technical Codes.

Sec. 6-35. Home or Business Inspections.

Sec. 6-36. Building permit fee development incentive: purpose.

Sec. 6-36.1 Minimum requirements.

Secs. 6-37 to 6-39. Reserved

Article IV - Mechanical Code

Sec. 6-40. International Mechanical Code - Adopted

Sec. 6-41. Same - Amendments

Sec. 6-42 to 6-46. Reserved

Article V - Plumbing Code

Sec. 6-47. International Plumbing Code - Adopted

Sec. 6-48. Same - Amendments

Sec. 6-49. Cross-connection control

I. CROSS-CONNECTION CONTROL - GENERAL POLICY.

II. DEFINITIONS

III. CROSS-CONNECTIONS PROHIBITED.

IV. SURVEY AND INVESTIGATIONS

V. TYPE OF PROTECTION REQUIRED

VI. WHERE PROTECTION IS REQUIRED

Backflow prevention devices:

Installation:

Inspection and maintenance:

Violations:

VII. EFFECTIVE DATE

Sec. 6-50. Sewer laterals

Secs. 6-51 to 6-54. Reserved

Article VI - Residential Code

Sec. 6-55. International Residential Code - Adopted

Sec. 6-56. Same - Amendments

Secs. 6-57 to 6-60. Reserved

Article VII - VACANT RESIDENTIAL PROPERTY REGISTRATION

Sec. 6-61. Definitions.

Sec. 6-62. Registration required.

Sec. 6-63. Registration information

Sec. 6-64. Registration.

Sec. 6-65. Registration fee.

Sec. 6-66. Securing residential structures.

Sec. 6-67. Right of entry and inspection.

Sec.6-68. Reuse and occupancy.