building code regulations article i.°°adoption of codes

Supp. #2, 12/06

TITLE V. BUILDING AND CONSTRUCTION

CHAPTER 500: BUILDING CODE REGULATIONS

ARTICLE I. ADOPTION OF CODES

Editor's NoteOrd. no. 833 ch. onech. eleven, adopted September 13, 2005, repealed sections 500.010 "adoption of international building code 2000", 500.020 "adoption of international plumbing code", 500.030 "adoption of international residential code 2000 for one and twofamily homes", 500.040 "international mechanical code 2000", 500.050 "adoption of international fire code 2000", 500.060 "adoption of national electrical code 1999" and 500.070 "penalty" and enacted the provisions set out herein. Former sections 500.010500.060 derived from CC 1984 §§3.0103.060, 9.010; ord. no. 753 §§210, 1801.

SECTION 500.010: INTERNATIONAL BUILDING CODE A. A certain document, three (3) copies of which are on file in the office of the City Clerk of the City of

New Haven, being marked and designated as the International Building Code, 2003 Edition, as published by the International Code Council (see Exhibit A), be and is hereby adopted as the Building Code of the City of New Haven (including all amendments as set forth in Subsection (C) below) in the State of Missouri for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use and the demolition of such structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Building Code on file in the office of the City Clerk of the City of New Haven are hereby referred to, adopted and made a part hereof, as if fully set out in this Section, with the additions, insertions, deletions and changes prescribed in Subsection (B) of this Section.

B. The following Sections are hereby revised and amended:

101.1 Insert: "City of New Haven" for "Name of Jurisdiction".

1612.3 Insert: "City of New Haven" for "Name of Jurisdiction".

1612.3 Insert: "February 18, 1981" for "Date of Issuance".

3410.092 Insert: "August 20, 1973" for "Date to be Inserted by Jurisdiction".

C. The following amendments to the International Building Code, 2003 Edition, developed by and recommended by the Franklin County Chapter of the Missouri Association of Code Officials, are hereby adopted and made part of the Building Code of the City of New Haven, Missouri:

101.2 Scope. Delete exception #2.

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105.5 Expiration. Every permit issued shall become invalid within 365 days from the date of issuance. The building official is authorized to grant, in writing, one or more extensions of time,

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§ 500.010 New Haven City Code § 500.010

for a period not more than 90 days each. The extension shall be requested in writing and justifiable cause demonstrated.

302.1.1 Incidental use areas.

TABLE 302.1.1 INCIDENTAL USE AREAS

ROOM OR AREA SEPARATION a

Furnace room where any piece of equipment is over 400,000 BTU per hour input

1 hour or provide automatic fire extinguishing system

Boilers over 15 PSI and 10 horsepower 1 hour or provide automatic fire extinguishing system Refrigerant machinery rooms 1 hour or provide automatic fire extinguishing system Automotive parking garages in other than Group $3 2 hours Incinerator rooms 2 hours and automatic sprinkling system Paint shops not classfied as a Group H, located in occupancies other than Group F

2 hours; or 1 hour and provide automatic fire extinguishing system

Laboratories and vocational shops, not classified as Group H, located in Group E and I2 occupancies

1 hour or provide automatic fire extinguishing system

Laundry rooms over 100 square feet 1 hour Storage rooms over 100 square feet 1 hour Group *3 padded cells 1 hour Waste and linen collection room over 100 square feet 1 hour Stationary leadacid battery systems having a liquid capacity of more than 100 gallons used for facility standby power, emergency power or uninterrupted power supplies.

1 hour fire barriers and floorceiling assemblies in Group B, F, H, M, S and U occupancies. 2 hour firebarriers and floorceiling assemblies in Group A, E, I and R occupancies.

Where an automatic fireextinguishing system is provided, it need only be provided in the incidental use room or area.

303.1.1 NonAccessory Assembly Use. Delete this section.

310.3 Required dwelling unit and guestroom separation. Reinsert: Walls and floors separating dwelling units in the same building, or guestrooms in Group R1 hotel occupancies, shall be fire partitions or horizontal assemblies as required by Section 708 and 710.

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§ 500.010 Building Code Regulations § 500.010

403.1 Applicability. The provisions of this section shall apply to buildings having occupied floors located more than 35 feet above the lowest level of fire department vehicle access.

406.1.4 Separation. Separation shall comply with the following:

1. The private garage shall be separated from the dwelling unit and its attic area by means of a minimum 5/8inch gypsum board applied to the garage side.

407.6 Automatic Fire Detection. Delete both exceptions #1 and #2.

708.1 General.

6. Walls in covered mall buildings.

7. Walls in multiple tenant space buildings.

717.2.2 Concealed wall spaces.

Horizontally and vertically at intervals not to exceed 10 feet.

903.2 Where required.

Exception: Spaces or areas in telecommunications buildings used exclusively for telecommunications equipment, associated electrical power distribution equipment, batteries and standby engines, provided those spaces or areas are equipped throughout with an automatic fire alarm system and are separated from the remainder of the building by fire barriers consisting of not less than 1 hour fireresistance rated walls and 2hour fireresistancerated floor/ceiling assemblies.

903.2.1.2 Group A2

2. The fire area has an occupant load 100 or more; or

907.2.6.1 Group I2. Exceptions: Delete both #1 and #2.

907.2.10.1.4 Additions, alterations or repairs to Group R. Where an addition, alteration or repair to an individual dwelling unit or guestroom in Group R requires a permit, smoke alarms shall be installed within that individual dwelling unit or guestroom in accordance with this section. Where one or more sleeping rooms are added or created in an existing Group R, smoke alarms shall be installed in accordance with this section.

Exception: Repairs to the exterior surfaces of occupancies in Group R are exempt from the requirements of this section.

1007.1 Accessible means of egress required. Delete all exceptions (#1, 2 and 3).

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1011.1 Where required. Delete exceptions #1 and #2.

TABLE 1016.1 CORRIDOR FIRERESISTANCE RATING

Required Fire Resistance Rating (hours) Occupancy Occupant Load Served by

Corridor Without sprinkler system With sprinkler system c

H1, H2, H3 All Not permitted 1 H4, H5 Greater than 30 No permitted 1

A, B, E, F, M, S, U Greater than 30 1 0 R Greater than 30 1 1

I2 a , I4 All Not permitted 0 I1, I3 All Not permitted 1 b

a.For requirements for occupancies in Group I1, see Section 407.3. b.For a reduction in the fireresistance rating for occupancies in Group I3, see Section 408.7. c.Buildings equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 or 903.3.1.2 where allowed.

1025.1 General. Delete exceptions #4 and #7.

1805.2.1 Frost Protection. Except where erected on solid rock or otherwise protected from frost, foundation wall, piers and other permanent supports of all buildings and structures shall extend below the frost line of the locality, and spread footings of adequate size shall be provided where necessary to properly distribute the load within the allowable loadbearing value of the soil. Alternatively, such structures shall be supported on piles where solid earth or rock is not available. Footings shall not bear on frozen soils unless such frozen condition is of a permanent character.

1805.4.2.3 Plain concrete footings. Delete this section

1805.4.5 Timber footings. Delete this section

1805.4.6 Wood foundations. Delete this section

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Table 1805.4.2 Delete. Add new Table 1805.4.2.

TABLE 1805.4.2 Footings supporting walls of lightframe construction a,b,c,d

Number of floors supported by the foundation e

Thickness of Foundation Wall Unit

Width of Footing (inches)

Thickness of Footing (inches)

Depth of footing below undisturbed ground surface (inches)

Concrete Mason 1 8 8 20 8 12 2 8 8 20 8 18 3 10 10 20 8 24

a.Where frost conditions are found, footing and foundations shall be as required in Section 1805.2.1. b.The ground under the floor is permitted to be excavated to the elevation of the top of the footing. c.Interior studbearing walls are permitted to be supported by isolated footings. The footing width and length shall be twice the width shown in this

table and footings shall be spaced not more than 6 feet on center. d.See Section 1910 for additional requirements for footings of structures assigned to Seismic Design Categories C, D, E and F. e.Foundations are permitted to support a roof in addition to the stipulated number of floors. Foundations supporting roofs only shall be as required

for supporting one floor.

1905.12 Cold weather requirements. #4. No concrete shall be poured or installed when the temperature is below twenty five (25) degrees Fahrenheit.

1905.13 Hot weather requirements. During hot weather, proper attention shall be given to ingredients, production methods, handling, placing, protection and curing to prevent excessive concrete temperatures or water evaporation that could impair the required strength or serviceability of the member or structure. No concrete shall be poured or installed when the temperature is above one hundred five (105) degrees Fahrenheit. (Ord. No. 833 Ch. One §§12, Exh. I §1, 91305)

SECTION 500.020: INTERNATIONAL RESIDENTIAL CODE

A. A certain document, three (3) copies of which are on file in the office of the City Clerk of the City of New Haven, Missouri, being marked and designated as the International Residential Code, 2003 Edition, including Appendix Chapters A, B, C, D, E, F , G, H , I, J , K and L as published by the International Code Council (see Exhibit B), be and is hereby adopted as the Residential Code of the City of New Haven (including all amendments as set forth in Subsection (C) below) in the State of Missouri for regulating and governing the construction, alteration, movement, enlargement, replacement, repair, equipment, location, removal and demolition of detached one and twofamily dwellings and multiple singlefamily dwellings (townhouses) not more than three (3) stories in height with separate means of egress as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Residential Code on file in the office of the City Clerk are hereby referred to, adopted and made a part hereof, as if fully set out in this Section, with the additions, insertions, deletions and changes, if any, prescribed in Subsection (B) of this Section.

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B. The following Sections are hereby revised:

Section R101.1 Insert: "City of New Haven" for "Name of Jurisdiction".

C. The following amendments to the International Residential Building Code, 2003 Edition, developed by and recommended by the Franklin County Chapter of the Missouri Association of Code Officials, be adopted and made part of the Building Code of the City of New Haven, Missouri:

R106.2 Site Plan. The construction documents submitted with the application for permit shall be accompanied by a site plan, drawn to some scale, showing the size and location of new construction and existing structures on the site and distances from lot lines. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot.

R105.5 Expiration. Every permit issued shall become invalid within 365 days from the date of issuance. The building official is authorized to grant, in writing, one or more extensions of time, for a period not more than 90 days each. The extension shall be requested in writing and justifiable cause demonstrated.

R106.2.1 Boundary Survey (a new section). All lots to be developed shall have a boundary survey performed by a licensed Professional Land Surveyor prior to requesting a site location inspection. A copy of the survey shall be submitted to the building department at the time the request for inspection is made. The owner/contractor shall be present at the site location inspection and shall indicate the location of all corners necessary for the building official to determine the proper setbacks.

Exceptions: When the improvement is an addition that would remain sufficiently within the required setbacks to the extent that there would be no doubt that the improvement was within the setbacks.

When in the case that the size of the tract is sufficiently large compared to the structure that the improvements would be more than a distance of 3 times the required setback on all sides.

R302.1 Exterior walls. Delete exception for detached garages.

R310.1 Emergency Escape and Rescue Openings. Basements and every sleeping room shall have at least one openable emergency escape and rescue opening. Where basements contain one or more sleeping rooms, emergency egress and rescue openings shall be required in each sleeping room, but shall not be required in adjoining areas of the basement. Where emergency escape and rescue openings are provided, they shall have a sill height of not more than 44 inches (1,118 mm) above the floor. Where a door opening having a threshold below the adjacent ground elevation serves as an emergency escape and rescue opening and is provided with a bulkhead enclosure, the bulkhead enclosure shall comply with Section 310.3. The net clear opening dimensions required by this section shall be obtained by the normal operation of the operation of the emergency escape and rescue opening from the inside. Emergency escape and rescue openings with a finished sill height below the adjacent ground elevation shall be provided with a window well in accordance with Section R310.2.

R311.5.6 Handrails. Handrails shall be provided on at least one side of each continuous run of treads or flight with three or more risers.

R312.2 Guards opening limitations. Delete exception #2.

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R402.1 Wood Foundations. Remove this section and any reference to wood foundations throughout the IRC. Additional sections would include R403.2, R404.2.3, R405.2.

R403.1.4.1 Frost Protection. Exceptions: Freestanding accessory structures with an area of 200 square feet or less and an eave height of 10 feet or less shall not be required to be protected.

R404.1.2 Concrete foundation walls. Concrete foundation walls shall be constructed as set forth in Tables R404.1.1(1), R404.1.1(2), R404.1.1(3) and R404.1.1(4), and shall also comply with the provisions of this section and the applicable provisions of Section R402.2. In Seismic Design Categories D1 and D2, concrete foundation walls shall comply with Section R404.1.4. All concrete forms shall be presprayed with form oil before being set.

R408.3 Under Floor Space Access. Access shall be provided to all under floor spaces. Access openings through the floor shall be a minimum of 18 inches by 24 inches. Openings through a perimeter wall shall be 18 inches by 24 inches. When any portion of the through wall access is below grade, an areaway of not less than 18 inches by 24 inches shall be provided. The bottom of the areaway shall be below the threshold of the access opening. Through wall access openings shall not be located under a door to the residence. See M1305.1.4 for access requirements where mechanical equipment is located under floors.

R502.3.1(1) Table, Floor Joist Spans for Common Lumber Species. Delete this table, and any reference to Table R502.3.1(1) shall be changed to reference Table R502.3.1(2).

R503.2.1.1(1) Table, Allowable Spans and Loads for Wood Structural Panels for Roof and Sub floor Sheathing and Combination Sub floor Underlayment. Change the 3/8" in Minimum Nominal Panel Thickness column to 7/16".

R703.4 Table, WeatherResistant Siding Attachment and Minimum Thickness. Change sheathing paper required for Vinyl Siding to Yes.

R807.2 Warning Sign. Warning signs attached to the trusses on each side of the opening at least 36" above the bottom cord and within 18" of the edge of the opening. The signs shall be constructed of metal or other approved durable materials suitable for the location and be a minimum of 40 square inches in area with 3/4" minimum high letters on a contrasting background that reads: "WARNINGTRUSSES NOT DESIGNED FOR ATTIC STORAGE".

M1502.1 General. Delete exception.

M2006.5 Pool Heaters. Pool heaters shall be located or protected to guard against accidental contact of hot surfaces by persons.

M2101.10 Tests. Hydronic piping shall be tested hydrostatically at a pressure of not less than 100 pounds per square inch (psi) for a duration of not less than 30 minutes.

G2427.6.8.1 Category I Appliances. Remove the word Exceptions from this section.

G2427.10.2.2 Vent connectors located in unconditioned areas. Delete the exception from this section.

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P2604.5 Inspection. Excavations required for the installation of a building drainage system shall be open trench work and shall be kept open until the piping has been inspected, tested and approved.

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P2603.6.1 Insert: Building sewers shall be a minimum of 36 inches below grade.

P2801.4 Prohibited Locations. Delete exception #2.

P2804.1 Water Heater Sizing Chart

Fuel Gas Elect Oil Gas Elect Oil Gas Elect Oil Gas Elect Oil

Number of bedrooms 1 2 3

1 to 1½

baths

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

Number of bedrooms 2 3 4 5

2 to 2½

baths

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


3 to 3½

baths

Storage (gal) 40 50 30 50 66 30 50 66 30 50 80 40


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 SI: 1 gallon = 3.785 L, 1 gallon per hour = 1.05 mL/s, 1 BTU/h = 0.2931 W, EF. = 1.8EC. + 32.

NOTE: Storage capacity, input and the recovery requirements indicated in the table are typical and may vary with each individual manufacturer. Any combinations of these requirements to

produce the 1hour draw stated will be satisfactory. Recovery is based on 100EF. Water temperature rise.

P2904.4.1 Table P2904.4.1 Water Service Pipe. Delete the following materials from the table. ABS, Asbestos cement pipe, CPVC, Crosslinked PEXALPEX, Crosslinked PEX, PB plastic, PEALPE, PE pipe, PE tubing and PVC pipe.

P2904.5 Table P2904.5 Water Distribution Pipe. Delete the following materials from the table. CPVC, PEX, PEXALPEX, PB and PEALPE.

P2904.6 Table P2904.6 Pipe Fittings. Delete the following materials from the table. ABS, CPVC, PEX, PE, PVC and Steel.

P2904.5.1 Under concrete slabs. Inaccessible water distribution piping under slabs shall be copper water tube minimum Type K, brass and ductile iron pressure pipeall to be installed with approved fittings and bends. The minimum pressure rating for tubing installed under slabs shall be 100 psi at 180 degrees F.

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P3002.1 Table P3002.1 Drain, Waste and Vent Piping and Fitting Materials. Delete the following materials from the table. Seamless red brass pipe, ABSDWV pipe and fittings, ABSDWV sch. 40 pipe with cellular core, Coextruded PVC plastic pipe with cellular core, Coextended composite ABSDWV pipe and fittings, Coextruded composite ABSDWV sch. 40 IPS pipe solvent cement fittings, Coextruded composite PVCDWV sch. 40 IPS solvent cement fittings, Coextruded composite PVCDWV IPS pipeDR PS 140 or PS200 solvent cement fittings.

P3002.2 Table P3002.2 Building Sewer Piping. Delete the following materials from the table. Compression joints for vitrified clay pipe and fittings, Vitrified clay pipe and fittings, Bitumen zed fiber drain and sewer pipe, ABSDWV pipe and fittings, ABS sewer pipe and fittings, PSM/PVC sewer pipe and fittings, ABS sch. 40 DWV pipe with cellular core, Coextruded PVC sch. 40, PS 50 or PS 100 plastic pipe with cellular core, Solvent cement for ABSDWV pipe and fittings, Co extruded composite ABSDWV sch. 40 IPS pipe solvent cement fittings, Coextruded composite PVCDWV sch. 40 IPS pipe solvent cement fittings, Coextruded composite ABS sewer and drain pipe DRPS in PS35, PS50, PS100, PS140, PS200, solvent cement, and Coextruded composite PVC sewer and drain pipe DRPS in PS35, PS50, PS100, PS140, PS200 solvent cement fittings.

P3102.1 Stack required. Every building shall have a main vent a minimum of three (3) inches in diameter that is either a vent stack or a 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 vents to be no less than two (2) inches in diameter.

P3102.3 Vent terminations. Every vent stack or stack vent shall terminate to the open air.

P3103.1 Roof Extension. All open vent pipes, which extend through a roof, shall be terminated at least twelve (12) inches above the roof or twelve (12) inches above the anticipated snow accumulation, except that where a roof is to be for any purpose other than weather protection, the vent extensions shall be run at least seven (7) feet above the roof.

P3103.4 Prohibited use. Vent terminals shall not be used as a flag pole or to support flag poles, TV aerials, or similar items.

P3114.3 Where permitted. Individual vents, branch vents, circuit vents shall be permitted to terminate with a connection to an air admittance valve.

P3114.4 Location. Air admittance valves shall only be allowed in remodeling or modification of the plumbing system where the vent cannot be tied into the existing venting system or terminate to the outside. Individual and branch air admittance valves shall be located a minimum of four (4) inches above the horizontal branch drain being vented.

E3306.2 Conductor material. Conductors used to conduct current shall be of copper.

E3306.3 Minimum size of conductors. The minimum size of conductors for feeders and branch circuits shall be No. 14 copper. The minimum size of service conductors shall be specified in Chapter 35. The minimum size of class 2 remote control, signaling and powerlimited circuits conductors shall be as specified in Chapter 42.

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E3501.6.2 Service Disconnect Location. The service disconnecting means shall be installed at a readily accessible location outside the building. Each occupant shall have access to the disconnect serving the dwelling unit in which they reside.

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E3505.5 Protection of service cables against damage. Aboveground service entrance cables shall be protected by one or more of the following: rigid metal conduit, intermediate metal conduit, rigid nonmetallic conduit suitable for the location, electrical metallic tubing or other approved means.

E3603.2 Kitchen and dining area receptacles. The kitchen countertop receptacles shall be served by a minimum of two 20ampererated branch circuits, either or both of which shall also be permitted to supply other receptacle outlets in the kitchen, pantry, breakfast and dining area. Receptacle outlets for refrigeration appliances shall be on separate branch circuits.

E3702.2.3 Holes (new section) A maximum of one cable per hole.

E3702.4 In Unfinished Basements. Where the cable is run at angles with joists in unfinished basements, cable assemblies containing two or more conductors of sizes 6 AWG and larger and assemblies containing three or more conductors of sizes 8 AWG and larger shall not require additional protection where attached directly to the bottom of the joists. Smaller cables shall be run through bored holes in the joists.

E3801.11 HVAC Outlet. A 125volt, singlephase, 15 or 20 ampererated convenience receptacle outlet shall be installed for the servicing of heating, airconditioning and refrigeration equipment. The receptacle shall be accessible and shall be located on the same level and within 25 feet of heating, air conditioning and refrigeration equipment. The receptacle outlet shall not be connected to the load side of the HVAC equipment disconnecting means and shall be protected in accordance with Section E3802.4.

E3802.11 Bedroom receptacles. All branch circuits that supply 125volt, single phase, 15 and 20 ampere receptacles installed in dwelling unit bedrooms shall be protected by an arcfault circuit interrupter listed to provide protection.

E3902.10 Bathtub, shower and garden tub space. A receptacle shall not be installed within a bathtub, shower and garden tub space.

E3903.10 Bathtub and shower areas. Cordconnected luminaries, hanging luminaries, track lighting, pendants, and ceilingsuspended paddle fans shall not have any parts located within a zone measured 3 feet horizontally and 8 feet vertically from the top of a bathtub rim or shower stall threshold. This zone is all encompassing and includes the zone directly over the tub or shower. All luminaries installed within this zone shall be GFI protected.

AE101.1 General. These provisions shall be applicable only to a manufactured home used as a single dwelling unit and shall apply to the following. (Ord. No. 833 Ch. Two §§12, Exh. I §2, 91305)

SECTION 500.030: PROPERTY MAINTENANCE CODE

A. A certain document, three (3) copies of which are on file in the office of the City Clerk of the City of New Haven, being marked and designated as the International Property Maintenance Code, 2003 Edition, as published by the International Code Council (see Exhibit C), be and is hereby adopted as the Property Maintenance Code of the City of New Haven (including all amendments as set forth in Exhibit I) in the State of Missouri for regulating and governing the conditions and maintenance of all

534.6

property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human

534.7


occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the City Clerk are hereby referred to, adopted and made a part hereof, as if fully set out in this Section, with the additions, insertions, deletions and changes, if any, prescribed in Subsection (B) of this Section.

B. The following Sections are hereby revised and amended:

Section 101.1. Insert: "City of New Haven" for "Name of Jurisdiction".

Section 304.14. Insert: "March 1 to October 31" for "Dates to be Inserted by Jurisdiction". (Ord. No. 833 Ch. Three §§12, 91305)

SECTION 500.040: PLUMBING CODE

A. A certain document, three (3) copies of which are on file in the office of the City Clerk of the City of New Haven, being marked and designated as the International Plumbing Code, 2003 Edition, including Appendix Chapters A, B, C, D, E and F as published by the International Code Council (see Exhibit D), be and is hereby adopted as the Plumbing Code of the City of New Haven (including all amendments as set forth in Subsection (C) below) in the State of Missouri regulating and governing the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of plumbing systems as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Plumbing Code on file in the office of the City Clerk are hereby referred to, adopted and made a part hereof, as if fully set out in this Section, with the additions, insertions, deletions and changes, if any, prescribed in Subsection (B) of this Section.

B. The following Sections are hereby revised:

101.1. Insert: "City of New Haven" for "Name of Jurisdiction".

305.6.1. Insert: Building sewers shall be a minimum of 36 inches below grade.

C. The following amendments to the International Plumbing Code, 2003 Edition, developed by and recommended by the Franklin County Chapter of the Missouri Association of Code Officials, be adopted and made part of the Building Code of the City of New Haven, Missouri:

101.2 Scope. Delete exception #2.

305.6.1. Insert: Building sewers shall be a minimum of 36 inches below grade.

312.1 Required Test. The permit holder shall make the applicable tests prescribed in Sections 312.2 through 312.9 to determine compliance with the provisions of this code. The permit holder shall give reasonable advance notice to the code official when the plumbing work is ready for tests. The equipment, material, power and labor necessary for the inspection and test shall be furnished by the permit holder and the permit holder shall be responsible for determining that the work will withstand

534.7

the test pressure prescribed in the following tests. All plumbing system piping shall be tested with either water or by air. After the plumbing fixtures have been set and traps filled with water, the

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entire drainage system shall be submitted to final tests. The code official shall require the removal of any cleanouts if necessary to ascertain whether the pressure has reached all parts of the system.

417.3 Shower waste outlet. Waste outlets serving showers shall be at least 2 inches in diameter and, for other than waste outlets in bathtubs, shall have a removable strainer not less than 3 inches in diameter with strainer openings not less than 0.25 inch in minimum dimension. Where each shower space is not provided with an individual waste outlet, the waste outlet shall be located and the floor pitched so that waste from one shower does not flow over the floor area serving another shower. Waste outlets shall be fastened to the waste pipe in an approved manner.

502.5 Prohibited location (new section). Gasfired water heaters shall not be installed in a sleeping room, bathroom, or a closet accessed through a sleeping room or bathroom.

Exception: Direct vent water heater.

506.1 Water Heater Sizing Chart

Fuel Gas Elect Oil Gas Elect Oil Gas Elect Oil Gas Elect Oil

Number of bedrooms 1 2 3

1 to 1½

baths

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


2 to 2½

baths

Storage (gal) 30 40 30 40 50 30 40 50 30 50 66 30


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


3 to 3½

baths

Storage (gal) 40 50 30 50 66 30 50 66 30 50 80 40


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 SI: 1 gallon = 3.785 L, 1 gallon per hour = 1.05 mL/s, 1 BTU/h = 0.2931 W, EF. = 1.8EC. + 32.

NOTE: Storage capacity, input and the recovery requirements indicated in the table are typical and may vary with each individual manufacturer. Any combinations of these requirements to

produce the 1hour draw stated will be satisfactory. Recovery is based on 100EF.

Water temperature rise.

603.2 Separation of water service and building sewer. Delete exception #2.

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701.2 Sewer required. Every building in which plumbing fixtures are installed and all premises having drainage piping shall be connected to a public sewer.

Table 702.1 AboveGround Drainage and Vent Pipe. Delete the following materials from the table. Seamless red brass pipe, ABSDWV pipe and fittings, ABSDWV sch. 40 pipe with cellular core, Co extruded PVC plastic pipe with cellular core, Coextended composite ABSDWV pipe and fittings, Coextruded composite ABSDWV sch. 40 IPS pipe solvent cement fittings, Coextruded composite PVCDWV sch. 40 IPS solvent cement fittings, Coextruded composite PVCDWV IPS pipeDR PS140 or PS200 solvent cement fittings.

706.3 Installation of Fittings.

Exception: Backtoback water closet connections to double sanitary tees shall be permitted where the horizontal developed length between the outlet of the water closet and the connection to the double sanitary tee pattern is 30 inches or greater.

708.6 Prohibited installation. Cleanout openings shall not be utilized for the installation of new fixtures or floor drains, except where approved and where another cleanout of equal access and capacity is provided.

904.1 Roof Extension. All open vent pipes that extend through a roof shall be terminated at least 12 inches above the roof, except that where a roof is to be used for any purpose other than weather protection, the vent extensions shall be run at least 7 feet above the roof.

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

917.1 General. Vent systems utilizing air admittance valves shall comply with this section. Individual and branchtype air admittance valves shall conform to ASSE 1051. Air admittance valves shall only be allowed in remodeling or modification of the plumbing system where the vent cannot be tied into the existing venting system or terminate to the outside. (Ord. No. 833 Ch. Four §§12, Exh. I §3, 91305)

SECTION 500.050: FIRE CODE

A. A certain document, three (3) copies of which are on file in the office of the City Clerk of the City of New Haven, being marked and designated as the International Fire Code, 2003 Edition, including Appendix Chapters A, B, C, D, E and F as published by the International Code Council (see Exhibit E), be and is hereby adopted as the Fire Code of the City of New Haven (including all amendments as set forth in Subsection (C) below) in the State of Missouri regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Fire Code on file in the office of the City Clerk are hereby referred to, adopted and made a part hereof, as if fully set out in this Section, with the additions, insertions, deletions and changes, if any, prescribed in Subsection (B) of this Section.

534.10


B. That the following sections are hereby revised:

Section 101.1 Insert: "City of New Haven" for "Name of Jurisdiction"

Section 109.3. Insert: "Misdemeanor" for "Specify Offense"; "$500" for "amount" and "30 days" for "number of days".

Section 111.4. Insert: Fines shall be not less than $100, not more than $500.

C. The following amendments to the International Fire Code, 2003 Edition, developed by and recommended by the Franklin County Chapter of the Missouri Association of Code Officials, be adopted and made part of the Building Code of the City of New Haven, Missouri:

Section 111.4. Insert: Fines shall be not less than $100, not more than $500.

Section 903.2.1.2 Group A2

2. The fire area has an occupant load of 100 or more.

Section 903.2.6 Group M and Group B

Section 903.2.10.3 Buildings more than 35 feet in height. An automatic sprinkler system shall be installed throughout buildings with a floor level having an occupant load of 30 or more that is located 35 feet or more above the lowest level of fire department vehicle access.

Section 903.3.1.2 NFPA 13R Sprinkler systems. Where allowed in buildings of Group R, up to and including four stories in height, automatic sprinkler systems shall be installed throughout buildings including all combustible attic spaces in accordance with NFPA 13R.

Section 903.4 Sprinkler system monitoring and alarms. Delete exception #7.

Section 903.3.8 Inspector's test outlet (new section). An inspector's test outlet, equivalent to the flow from a single sprinkler of the smallest orifice size installed in the system, shall be installed on each floor where a water low alarm device is required in Section 903.4.2.

Section 903.4.2 Alarms. Approved audible devices shall be connected to every automatic sprinkler system. Such sprinkler waterflow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. A water alarm device shall be provided at the point of connection to the riser on each floor of all multifloored buildings. Alarm devices shall be provided on the exterior of the building in an approved location. Where a fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system.

Section 907.2.6.1 Group I2. Delete both exceptions #1 and #2.

Section 907.2.6.2.3 Smoke detectors. Delete exceptions #2 and #3.

Section 907.2.8.1 Manual fire alarm systems. Delete exceptions #1 and #2.

534.10

Section 907.2.12 High rise buildings. In buildings that have floors located more than 35 feet above the lowest level of fire department vehicle access that are occupied for human occupancy, a separate

534.11


zone by floor shall be provided for all of the following types of alarminitiating devices where provided:

Section 1007.1 Accessible means of egress required. Delete all exceptions. (#1, 2 and 3)

Section 1011.1 Where required. Delete exceptions #1 and #2.

TABLE 1016.1 CORRIDOR FIRERESISTANCE RATING

Required FireResistance Rating (hours) Occupancy Occupant Load Served by

Corridor Without Sprinkler System With Sprinkler System c

H1, H2, H3 All Not permitted 1 H4, H5 Grater than 30 Not permitted 1

A, B, E, F, M, S, U Greater than 30 1 0 R Greater than 10 1 1

I2 a , I4 All Not permitted 0 I1, I3 All Not permitted 1 b

a. For requirements for occupancies in Group 11, see Section 407.3. b. For a reduction in the fireresistance rating for occupancies in Group I3, see Section 408.7. c. Buildings equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 or 903.3.1.2 where allowed.

Section 1025.1 Emergency Escape and Rescue, General. Delete exceptions #4 and #7. (Ord. No. 833 Ch. Five §§12, Exh. I §4, 91305)

SECTION 500.060: MECHANICAL CODE

A. A certain document, three (3) copies of which are on file in the office of the City Clerk of the City of New Haven, being marked and designated as the International Mechanical Code, 2003 Edition, including Appendix Chapters as published by the International Code Council (see Exhibit F), be and is hereby adopted as the Mechanical Code of the City of New Haven (including all amendments as set forth in Subsection (C) below) in the State of Missouri regulating and governing the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of mechanical systems as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Mechanical Code on file in the office of the City Clerk are hereby referred to, adopted and made a part hereof, as if fully set out in this Section, with the additions, insertions, deletions and changes, if any, prescribed in Subsection (B) of this Section.

B. The following sections are hereby revised and amended:


534.12



Section 108.5. Insert: Fines shall be not less than $100, nor more than $500.

C. The following amendments to the International Mechanical Code, 2003 Edition, developed by and recommended by the Franklin County Chapter of the Missouri Association of Code Officials, be adopted and made part of the Building Code of the City of New Haven, Missouri:


508.1 Makeup air. Makeup air shall be supplied during the operation of commercial kitchen exhaust systems that are provided for commercial cooking appliances. The amount of makeup air supplied shall be approximately equal to the amount of exhaust air. The makeup air shall not reduce the effectiveness of the exhaust system. Makeup air shall be provided by gravity or mechanical means or both. For mechanical makeup air systems, the exhaust and makeup systems shall electrically interlocked to insure that makeup air is provided whenever the exhaust system is in operation. The makeup air system shall automatically shutoff at the time of discharge of the fire extinguishing system. Makeup air intake opening locations shall comply with Section 401.5 and 401.5.1. (Ord. No. 833 Ch. Six §§12, Exh. I §5, 91305)

SECTION 500.070: FUEL GAS CODE

A. A certain document, three (3) copies of which are on file in the office of the City Clerk of the City of New Haven, Missouri, being marked and designated as the International Fuel Gas Code, 2003 Edition, including Appendix Chapters A, B, C and D as published by the International Code Council (see Exhibit G), be and is hereby adopted as the Fuel Gas Code of the City of New Haven (including all amendments as set forth in Subsection (C) below) in the State of Missouri for regulating and governing fuel gas systems and gasfired appliances as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Fuel Gas Code on file in the office of the City Clerk are hereby referred to, adopted and made a part hereof, as if fully set out in this Section, with the additions, insertions, deletions and changes, if any, prescribed in Subsection (B) of this Section.

B. The following sections are hereby revised:




C. The following amendments to the International Fuel Gas Code, 2003 Edition, developed by and recommended by the Franklin County Chapter of the Missouri Association of Code Officials, be adopted and made part of the Building Code of the City of New Haven, Missouri:

534.12

Section 101.2 Scope. Delete exception #2. (Ord. No. 833 Ch. Seven §§12, Exh. I §6, 91305)

534.13


SECTION 500.080: NATIONAL ELECTRICAL CODE

A. A certain document, three (3) copies of which are on file in the office of the City Clerk of New Haven, Missouri, being marked and designated as the National Electrical Code, 2002 Edition (see Exhibit H), is hereby referred to, adopted and made a part hereof and incorporated herein by reference, as fully as if set out in this Section, with the deletions, additions, insertions and changes, if any, prescribed in the applicable Subsections of this Section, and that the said National Electrical Code, 2002 Edition, is hereby a part of the Building Code of the City of New Haven, Missouri (including all amendments as set forth in Subsection (B) below). The appendices thereto and tables therein and copyrighted by the National Fire Protection Association are adopted as part of the Building Code of the City of New Haven, Missouri.

B. The following amendments to the National Electrical Code, 2002 Edition, developed by and recommended by the Franklin County Chapter of the Missouri Association of Code Officials, be adopted and made part of the Building Code of the City of New Haven, Missouri:

Article 80 Administration and Enforcement. Delete this section and refer to the ICCEC 2003 for Administration and Enforcement.

Article 230.70(A)(1) Readily Accessible Location. The service disconnecting means shall be installed at a readily accessible location outside the building.

Article 334.10 Uses Permitted. Type NM, Type NMC and Type NMS shall be permitted in Use Groups R2, R3 and R4 in buildings not exceeding three floors above grade. (Delete 1, 2, 3 and 4 of this section.) (Ord. No. 833 Ch. Eight §1, Exh. I §7, 91305)

SECTION 500.090: PENALTY

Any person violating any provision of this Chapter or any of the codes adopted in this Chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not exceeding five hundred dollars ($500.00) or be imprisoned in the City or County Jail for a period not exceeding ninety (90) days, or both such fine and imprisonment. Each day such violation is committed or permitted to continue shall constitute a separate offense. (Ord. No. 833 Ch. Ten §1, 91305)

SECTION 500.100: SEVERABILITY

A. If any Section, Subsection, sentence, clause or phrase of this Chapter is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Chapter. The Board of Aldermen hereby declares that it would have passed this Chapter and each Section, Subsection, clause or phrase thereof, irrespective of the fact that any one (1) or more Sections, Subsections, sentences, clauses and phrases be declared unconstitutional.

B. Nothing in this Chapter or in the Building Codes hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of actions acquired or existing under any act or ordinance hereby repealed by this Chapter nor

534.13

shall any just or legal right or remedy of any character be lost, impaired or affected by this Chapter. (Ord. No. 833 Ch. Eleven §§12, 91305)

534.14

CHAPTER 505: BUILDINGS

Cross ReferencesAs to electricity, §500.060; fire prevention and protection, §500.050; plumbing, §500.020.

ARTICLE I. PERMITS

SECTION 505.010: PERMITS REQUIRED FOR CONSTRUCTION, ALTERATIONS EXCEPTION

A. Except as hereinafter exempted in this Section, no wall, structure, building or part thereof shall be built, enlarged or altered within the City until a plan of the proposed work, together with a statement of the materials to be used, shall have been submitted in writing in duplicate to the Building Inspector who shall, in accordance with the provisions of this Article, issue a permit for the proposed construction. The permit required by this Section shall be made in duplicate and in such a form as may be adopted by a resolution of the Board of Aldermen and one (1) copy thereof shall be kept on file in the office of the City Clerk.

B. Ordinary repairs and minor alterations not involving any change in major structural parts such as walls, beams, girders, chimneys and flues or involving a cost of not more than twentyfive hundred dollars ($2,500.00) or minor changes or repairs in electrical wiring or equipment shall not require the issuance of a permit.

C. Application. To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished for that purpose. Every such application shall:

C.1. Identity and describe the work to be covered by the permit for which application is made;

C.2. Describe the land on which the proposed work is to be done by lot, block, tract and house and street address or similar description that will readily identify and definitely locate the proposed building or work;

C.3. State the estimated date of commencement of construction and the estimated completion date which latter date shall be the expiration date of the permit;

C.4. Indicate the use or occupancy for which the proposed work is intended;

C.5. Be accompanied by plans and specifications as required in Subsection (D) of this Section;

C.6. State the valuation of the proposed work;

C.7. Be signed by the permittee or his/her authorized agent who may be required to submit evidence to indicate such authority;

C.8. Give such other information as reasonably may be required by the Building Inspector.

D. Information On Plans And Specifications. Plans and specifications shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that it will conform to the provisions of this Chapter and all relevant laws ordinances, rules and regulations. The first (1st) sheet of each set of plans shall give


the house and street address of the work and the name and address of the owner and person who prepared them. Plans shall include a plot plan showing the location of the proposed building and of every existing building on the property. In lieu of detailed specifications, the Building Inspector may approve references on the plans to a specific Section or part of this Chapter or other ordinances or laws. (CC 1984 §§6.230, 6.370; Ord. No. 402 §5, 6975; Ord. No. 775 §1, 9902)

SECTION 505.020: OCCUPANCY PERMIT REQUIRED FOR COMMERCIAL OR INDUSTRIAL BUSINESS

A. The Board of Aldermen upon finding that when certain buildings presently being used for one (1) business change users or business use, the purpose of the new use may be valid under zoning restrictions, however, the new use may violate code, electrical, plumbing and other codes which were not necessary under the old use. The building must be brought up to code standards prior to the new use.

B. Prior to each new usage of a commercial or industrial building or site, an inspection be made to determine if the building meets code requirements for the usage.

B.1. Each owner or occupier of a commercial or industrial site, prior to occupancy or change of commercial or industrial use, shall apply for and obtain an occupancy permit.

B.2. A permit form prepared by the Building Inspector, setting forth the type of use, amount and type of utilities to be used, the quantity of utilities to be needed, the number of personnel to be on site and expected number of public to be on site.

B.3. The Building Inspector shall review each of the permits and if necessary inspect the premises to ascertain if the building is to code concerning the usage.

B.4. Codes referred to shall be the following: International Building Code, International Plumbing Code, International Mechanical Code, International Fire Code, National Electrical Code, International Residential Code.

B.5. Permit may be incorporated into the application for business licenses, however, a separate permit form is necessary for those commercial or industrial establishments that are not required to obtain a license from the City.

B.6. Fees paid with the application of the permit as follows:

B.6.a. Permit included with the application for business license $15.00

B.6.b. Permit applications other than (a) above $15.00

B.6.c. Permits requiring inspection premises $30.00

7. No occupancy or business license will be issued until the occupancy permit has been approved (CC 1984 §6.260; Ord. No. 754 §§18, 1801)

§ 505.030 Buildings § 505.070

ARTICLE II. BUILDING INSPECTOR

SECTION 505.030: OFFICE CREATED

The office of Building Inspector is hereby created and the executive official in charge shall be known as the Building Inspector. (CC 1984 §6.330; Ord. No. 402 §1, 6975)

SECTION 505.040: APPOINTMENTVACANCY

The Building Inspector shall be appointed by resolution of the Board of Aldermen and his/her appointment shall continue during good behavior and satisfactory service. During temporary absence, nonappointment or disability of the Building Inspector, the Governing Body of the City shall act as the Building Inspector. (CC 1984 §6.340; Ord. No. 402 §2, 6975)

SECTION 505.050: AUTHORITY

The Building Inspector is authorized and directed to enforce all the provisions of this Chapter and all other ordinances of the City of New Haven now in force or hereafter adopted relating to zoning, subdivision regulations or Building Codes. (CC 1984 §6.350; Ord. No. 402 §3, 6975)

SECTION 505.060: REPORTS AND ACCOUNTING RECEIPTS

The Building Inspector shall submit a report to the Board of Aldermen not less than once a year covering the work of his/her office during the preceding year. The Building Inspector shall keep a permanent accurate record of all fees and other monies collected and received, the names of the persons upon whose account the same were paid, the date and amount thereof, together with the location of the building or premises to which they relate. (CC 1984 §6.360; Ord. No. 402 §4, 6975)

SECTION 505.070: REVIEW OF APPLICATIONS BY BUILDING INSPECTOR

A. The Building Inspector, when reviewing applications for building permits including the plans and specifications for the proposed construction, will renew all building permit applications to determine if the proposed construction is consistent with the need to minimize flood damage.

B. The Building Inspector shall review all building permit applications to determine if the site of the proposed construction is reasonably safe from flooding and to make recommendations for construction in all locations which have flood hazards.

C. The Building Inspector in reviewing all applications for construction in flood hazard locations within the City shall require that any such proposed construction must:

C.1. Be designed and anchored to prevent the flotation, collapse or lateral movement of the structure or portions of the structure due to flooding.

C.2. Use of construction methods and practices that will minimize flood damage.


C.3. Use of construction materials and utility equipment that are resistant to flood damage.

C.4. Provide adequate drainage in order to reduce exposure to flood hazards.

C.5. Locate public utilities and facilities on the site in such a manner as to be elevated and constructed to minimize or eliminate flood damage, such utilities and facilities including sewer, gas, electrical and water systems. (CC 1984 §6.380; Ord. No. 402 §§68, 6975)

SECTION 505.080: REVIEW OF APPLICATIONS BY GOVERNING BODY

The Governing Body of the City in reviewing all subdivision applications shall make findings of fact and determine if:

.1. All such proposed developments are consistent with the need to minimize flood damage.

.2. Adequate drainage is provided so as not to increase the exposure to flood hazards of adjacent lands.

.3. Adequate drainage is provided so as to reduce exposure to flood hazards.

.4. All public utilities and facilities are located, elevated and constructed so as to minimize or eliminate flood damage, these utilities and facilities to include sewer, gas, electrical and water systems. (CC 1984 §6.390; Ord. No. 402 §9, 6975)

SECTION 505.090: ISSUANCE OF PERMITEXPIRATIONSUSPENSION AND REVOCATION

A. Issuance. The application, plans and specifications filed by an applicant for a permit shall be checked by the Building Inspector. Such plans may be reviewed by other departments of the City to check compliance with the laws and ordinances under their jurisdiction. If the Building Inspector is satisfied that the work described in an application for permit and the plans filed therewith conform to the requirements of this Chapter and other pertinent laws and ordinances and that the fee specified herein has been paid, he/she shall issue a permit therefor to the applicant. The permit shall specify the date on which construction must have been commenced and an expiration date.

B. Retention Of Plans. One (1) set of approved plans, specifications and computations shall be retained by the Building Inspector for a period of not less than ninety (90) days from date of completion of work covered therein.

C. Expiration. Every permit issued by the Building Inspector prior to August 13, 1979, shall expire one (1) year from that date if no construction has commenced. Any permit issued prior to August 13, 1979, upon which construction has commenced will expire unless the work is substantially complete within two (2) years from that date. Before such work can be recommenced, a new permit shall be first obtained and no fee therefor shall be required for a new permit for such work, provided that no changes have been made or will be made in the original plans and specifications for such work and, provided further, that such suspension or abandonment has exceeded one (1) year.

D. Suspension Or Revocation. The Building Inspector may, in writing, suspend or revoke a permit issued under provisions of this Chapter whenever the permit is issued in error or on the basis of

§ 505.090 Buildings § 505.110

incorrect information supplied or in violation of any ordinance or regulation or any of the provisions of this Chapter. (CC 1984 §6.400; Ord. No. 402 §11, 6975)

SECTION 505.100: GAS INSTALLATIONS INSPECTIONS

A. Prior to placing into service any new gas installation line in a new or remodeled structure, the installer or owner must have the same inspected and tested by the City prior to use.

B. The installer or owner shall pay a fee to the City of fifty dollars ($50.00) for the inspector and test or if reinspection and retesting is necessary on the same structure, an additional fee of thirty dollars ($30.00) is to be paid. Fees are to be paid prior to inspection and testing.

C. The agent making the inspection and test shall, after test, certify to owner that the inspection and test was made, when made and results of tests, including discrepancies. Agent shall further record the same information in the appropriate records of the City of New Haven, Missouri.

D. If any installer or owner or both fails to have the gas installation tested prior to use, said installer or owner shall upon conviction be guilty of a misdemeanor and subject to a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00). (Ord. No. 759 §§14, 7901)

ARTICLE III. ADDRESSES DISPLAYED

SECTION 505.110: NUMBERING OF BUILDINGS AND HOUSES

A. All houses and buildings fronting on public streets in the City of New Haven shall be numbered and shall be numbered in accordance with the master plan of numbering submitted by the Planning and Zoning Commission and approved by the Board of Aldermen, which master plan of numbering shall be filed in the office of the City Clerk.

B. Address numbers shall be a minimum of four (4) inches in height and shall be located either near a building's main entrance, above the garage door or on a surface that is easily visible from the street of address. Additional displays of assigned numbers may be displayed at the property owner's discretion. Assigned numbers shall be displayed with Arabic numerals in a color that contrasts with the color of the subject house or building. Address displays in script are prohibited. Houses or buildings that are set back more than one hundred (100) feet from a street's curb shall be required to display address numbers within fifty (50) feet of the street curb on a surface that is easily visible from the street of address.

C. Any contractor or builder in charge of the greater part of the work of erecting any house or building in the City of New Haven shall report the location thereof to the Building Commissioner and procure a certificate of the number to be placed thereon and shall cause said number to be placed on said house or building; or may deliver said certificate to the owner who shall cause said number to be placed thereon in cases where said owner is a resident of the City of New Haven.

D. The responsibility for the displaying of the assigned number for each existing house and building in the City, as of the effective date of this Section, shall rest with the property owner, trustee, lessee, agent or occupant of each house or building.


E. Any person who shall fail to comply with any of the provisions of this Section or who shall number or attempt to number any house or building other than in conformity with this Section or who shall fail to change his/her number, if wrong, within sixty (60) days of the effective date of this Section and thereafter within thirty (30) days after being notified in writing to do so by the Chief of Police shall be deemed guilty of a misdemeanor and subjected to a fine of not less than ten dollars ($10.00) and not more than five hundred dollars ($500.00). (Ord. No. 856, 41106)

CHAPTER 507: DANGEROUS BUILDINGS

SECTION 507.010: PURPOSE AND SCOPE

It is the purpose of this Chapter to provide a just, equitable and practicable method for the repairing, vacation or demolition of buildings or structures that may endanger the life, limb, health, property, safety or welfare of the occupants of such buildings or the general public, and this Chapter shall apply to all dangerous buildings, as herein defined, that now are in existence or that may hereafter exist in the City of New Haven, Missouri.

SECTION 507.020: DANGEROUS BUILDINGS DEFINED

All buildings or structures that are detrimental to the health, safety or welfare of the residents of the City and that have any or all of the following defects shall be deemed "dangerous buildings":

1. Those with 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 falls outside the middle third of its base.

2. Those that, exclusive of the foundation, show thirtythree percent (33%) or more damage or deterioration of the supporting member or members or fifty percent (50%) damage or deterioration of the nonsupporting enclosing or outside walls or covering.

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

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

5. Those that are so dilapidated, decayed, unsafe, unsanitary or that so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation, or are likely to cause sickness or disease, so as to work injury to the health, safety or welfare of those occupying such building.

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

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

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

9. Those that because of their condition are unsafe, unsanitary or dangerous to the health, safety or general welfare of the people of this City.


SECTION 507.030: DANGEROUS BUILDINGS DECLARED NUISANCE

All dangerous buildings or structures, as defined by Section 507.020 of this Chapter, are hereby declared to be public nuisances and shall be repaired, vacated or demolished as provided herein.

SECTION 507.040: STANDARDS FOR REPAIR, VACATION OR DEMOLITION

The following standards shall be followed in substance by the Building Inspector and the Building Commissioner in ordering repair, vacation or demolition of any dangerous building.

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

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

3. In all cases where a building cannot be repaired so that it no longer will exist in violation of the terms of this Chapter, it shall be demolished.

4. In all cases where a dangerous building is a fire hazard existing or erected in violation of the terms of this Chapter or any ordinance of this City or Statute of the State of Missouri, it shall be repaired or demolished.

SECTION 507.050: BUILDING INSPECTOR

The Building Inspector shall be the Building Inspector(s) within the meaning of this Chapter.

SECTION 507.060: DUTIES OF BUILDING INSPECTORPROCEDURE AND NOTICE

The Building Inspector(s) shall have the duty under this Chapter to:

1. Inspect or cause to be inspected, as often as may be necessary, all residential, institutional, assembly, commercial, industrial, garage, special or miscellaneous occupancy buildings for the purpose of determining whether any conditions exist that render such place to be a dangerous building when he/she has reasonable grounds to believe that any such building is dangerous.

2. Inspect any building, wall or structure about which complaints are filed by any person to the effect that a building, wall or structure is or may be existing in violation of this Chapter, and the Building Inspector determines that there are reasonable grounds to believe that such building is dangerous.

3. Inspect any building, wall or structure reported by the Fire or Police Departments of this City as probably existing in violation of this Chapter.

4. Notify the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in the building or structure, as shown by the land records of the Recorder of Deeds of Franklin County, of any building or structure found by him/her to be a dangerous building or structure within the standards set forth in Section 507.020. Such notice shall be in writing and shall be

§ 507.060 Dangerous Buildings § 507.060

given either by personal service or by certified mail, return receipt requested, or if service cannot be had by either of these modes of service, then service may be had by publication in a newspaper qualified to publish legal notices for two (2) consecutive weeks.

The notice required shall state that:

a. The owner must vacate, vacate and repair, or vacate and demolish said building and clean up the lot or property on which the building is located in accordance with the terms of the notice and this Chapter.

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

c. The mortgagee, agent or other persons having an interest in said building as shown by the land records of the Recorder of Deeds of Franklin County may, at his/her own risk, repair, vacate or demolish the building and clean up the property or have such work done;

provided, that any person notified under this Subsection to repair, vacate or demolish any building or clean up the property shall be given such reasonable time not exceeding thirty (30) days to commence the required work.

5. The notice provided for in this Section shall state a description of the building or structure deemed dangerous, a statement of the particulars that make the building or structure a dangerous building, a statement indicating that as a dangerous building said building or structure constitutes a nuisance, and an order requiring the designated work to be commenced within the time provided for in the above Subsection.

6. Report in writing to the City Building Commissioner the noncompliance with any notice to vacate, repair, demolish, clean up the property or upon the failure to proceed continuously with the work without unnecessary delay.

7. Appear at all hearings conducted by the Building Commissioner and testify as to the condition of dangerous buildings.

8. Immediately report to the Building Commissioner concerning any building found by him/her to be inherently dangerous and that he/she determined to be a nuisance per se. The Building Commissioner may direct that such building be marked or posted with a written notice reading substantially as follows:

"This building has been found to be a dangerous building by the Building Inspector. This notice is to remain on this building and/or property until it is repaired, vacated or demolished and the property is cleaned up in accordance with the notice that has been given the owner, occupant, lessee, mortgagee or agent of this building and all other persons having an interest in said building as shown by the land records of the Recorder of Deeds of Franklin County. It is unlawful to remove this notice until such notice is complied with."

Provided however, that the order by the Building Commissioner and the posting of said notice shall not be construed to deprive all persons entitled thereto by this Chapter to the notice and hearing prescribed herein.


SECTION 507.070: BUILDING COMMISSIONER

The Mayor shall act as Building Commissioner under this Chapter.

SECTION 507.080: DUTIES OF THE BUILDING COMMISSIONER

The Building Commissioner shall have the powers and duties pursuant to this Chapter to:

E.1. Supervise all inspections required by this Chapter and cause the Building Inspector to make inspections and perform all the duties required of him/her by this Chapter. Upon receiving a complaint or report from any source that a dangerous building exists in the City, the Building Commissioner shall cause an inspection to be made forthwith. If the Building Commissioner deems it necessary to the performance of his/her duties and responsibilities imposed herein, the Building Commissioner may request an inspection and report be made by any other City department or retain services of an expert whenever the Building Commissioner deems such service necessary.

E.2. Upon receipt of a report from the Building Inspector indicating failure by the owner, lessee, occupant, mortgagee, agent or other persons(s) having an interest in said building to commence work of reconditioning or demolition within the time specified by this Chapter or upon failure to proceed continuously with work without unnecessary delay, hold a hearing giving the affected parties full and adequate hearing on the matter.

E.3. Give written notice of said hearing, either by personal service or by certified mail, return receipt requested, or if service cannot be had by either of those modes of service, then by publication in a newspaper qualified to publish legal notices, at least ten (10) days in advance of the hearing date, to the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said building as shown by the land records of the Recorder of Deeds of Franklin County who may appear before the Building Commissioner on the date specified in the notice to show cause why the building or structure reported to be a dangerous building should not be repaired, vacated or demolished in accordance with the statement of particulars set forth in the Building Inspector's notice as provided herein. Any party may be represented by counsel and all parties shall have an opportunity to be heard.

E.4. Make written findings of fact from the evidence offered at said hearing as to whether or not the building in question is a dangerous building within the terms of Section 507.020 of this Chapter.

E.5. If the evidence supports a finding based upon competent and substantial evidence that the building or structure is a dangerous building and a nuisance and detrimental to the health, safety or welfare of the residents of the City, the Building Commissioner shall issue an order based upon its findings of fact commanding the owner, occupant, mortgagee, lessee, agent or other persons(s) having an interest in said building as shown by the land records of the Recorder of Deeds of Franklin County to repair, vacate or demolish any building found to be a dangerous building and to clean up the property, provided that any person so notified shall have the privilege of either repairing or vacating and repairing said building, if such repair will comply with the ordinances of this City, or may vacate and demolish said dangerous building at his/her own risk to prevent the acquiring by the City of the lien against the land where the dangerous building stands. If the

evidence does not support a finding that a building or structure is a dangerous building or a nuisance or detrimental to the health, safety or welfare of the residents of the City, no order shall be issued.

§ 507.080 Dangerous Buildings § 507.090

E.6. If the owner, occupant, mortgagee or lessee fails to comply with the order within thirty (30) days, the Building Commissioner shall cause such building or structure to be repaired, vacated or demolished and the property cleaned up as the facts may warrant. If the Building Commissioner or other designated officer or officers issues an order whereby the building or structure is demolished, secured or repaired, or the property is cleaned up, the cost of performance shall be certified to the City Clerk or officer in charge of finance who shall cause a special tax bill or assessment therefor against the property to be prepared and collected by the City Collector or other official collecting taxes, unless the building or structure is demolished, secured or repaired by a contractor pursuant to an order issued by the City and such contractor files a mechanic's lien against the property where the dangerous building is located. The contractor may enforce this lien as provided in Sections 429.010 to 429.360, RSMo. Except as provided in Section 507.090, at the request of the taxpayer the tax bill may be paid in installments over a period of not more than ten (10) years. The tax bill from the date of its issuance shall be deemed a personal debt against the property owner and shall also be a lien on the property until paid. Said tax bill or assessment shall bear interest at a rate of eight percent (8%) per annum until paid.

SECTION 507.090: INSURANCE PROCEEDSHOW HANDLED

F. If there are proceeds of any insurance policy based upon a covered claim payment made for damage or loss to a building or other structure caused by or arising out of any fire, explosion or other casualty loss, the following procedure is established for the payment of up to twentyfive percent (25%) of the insurance proceeds as set forth in this Subsection. This Subsection shall apply only to a covered claim payment that is in excess of fifty percent (50%) of the face value of the policy covering a building or other structure:

F.1. The insurer shall withhold from the covered claim payment up to twentyfive percent (25%) of the covered claim payment and shall pay such monies to the City to deposit into an interest bearing account. Any named mortgagee on the insurance policy shall maintain priority over any obligation under this Chapter.

F.2. The City shall release the proceeds and any interest that has accrued on such proceeds received under subdivision (1) of this Subsection to the insured or as the terms of the policy and endorsements thereto provide within thirty (30) days after receipt of such insurance monies, unless the City has instituted legal proceedings under the provisions of Subsection (6) of Section 507.080. If the City has proceeded under the provisions of Subsection (6) of Section 507.080, all monies in excess of that necessary to comply with the provisions of Subsection (6) of Section 507.080 for the removal, securing, repair and clean up of the building or structure and the lot on which it is located, less salvage value, shall be paid to the insured.

G. If there are no proceeds of any insurance policy as set forth in Subsection (A) of this Section, at the request of the taxpayer the tax bill may be paid in installments over a period of not more than ten (10) years. The tax bill from the date of its issuance shall be a lien on the property and a personal debt against the property owner(s) until paid.

H. This Section shall apply to fire, explosion or other casualty loss claims arising on all buildings and structures.

I. This Section 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.


J. The Building Commissioner may certify that in lieu of payment of all or part of the covered claim payment under Subsection (A) that it has obtained satisfactory proof that the insured has removed or will remove the debris and repair, rebuild or otherwise make the premises safe and secure. In this event, the Building Commissioner shall issue a certificate within thirty (30) days after receipt of proof to permit covered claim payment to the insured without the deduction pursuant to Subsection (A) of this Section. It shall be the obligation of the insured or other person making the claim to provide the insurance company with the written certificate provided for in this Subsection.

SECTION 507.100: APPEAL

Any owner, occupant, lessee, mortgagee, agent or any other person(s) having an interest in a dangerous building as shown by the land records of the Recorder of Deeds of Franklin County may appeal such decision to the Circuit Court of Franklin County, as provided for in Sections 536.100 to 536.140, RSMo., if a proper record as defined in Section 536.130, RSMo., is maintained of the hearing provided for in Section 507.080 hereof. Otherwise, the appeal shall be made pursuant to the procedures provided for in Section 536.150, RSMo.

SECTION 507.110: EMERGENCIES

In cases where it reasonably appears that there is immediate danger to the health, life, safety or welfare of any person unless a dangerous building, as defined herein, is immediately repaired, vacated or demolished and the property is cleaned up, the Building Inspector shall report such facts to the Building Commissioner and the Building Commissioner may cause the immediate repair, vacation or demolition of such dangerous building. The costs of such emergency repair, vacation or demolition of such dangerous building shall be collected in the same manner as provided in Sections 507.080 and 507.090.

SECTION 507.120: VIOLATIONSDISREGARDING NOTICES OR ORDERS

The owner, occupant or lessee in possession of any dangerous building who shall fail to comply with the order to repair, vacate or demolish said building given by the Building Commissioner or who shall fail to proceed continuously without unnecessary delay; and any person removing any notices provided for in this Chapter; and any person violating any other provisions of this Chapter shall be guilty of an ordinance violation and upon conviction thereof shall be fined not more than five hundred dollars ($500.00). Each day that a person fails to comply with an order of the Building Commissioner may be deemed a separate offense.

CHAPTER 510: STREETS AND SIDEWALKS

ARTICLE I. IN GENERAL

SECTION 510.010: SERVICE CONNECTIONS TO EXISTING UTILITY LINESPERMIT AND BOND REQUIREDSPECIFICATIONS

A. It shall be the duty of each and every contractor or builder, painter, plumber, decorator, electrician, selfemployed, commercial or residential to locate or cause to be located all City utility lines either above or below ground prior to excavating or digging. Such contractor or builder, painter, plumber, decorator, electrician, selfemployed, commercial or residential may make application to the City to locate lines, then the City shall cause such lines to be located for said contractor or builder, painter, plumber, decorator, electrician, selfemployed, commercial or residential within ten (10) days.

B. A written permit must first be obtained from the City prior to any excavation or digging in the City streets and alleys, said permit must set forth the location of the excavation or digging and the purpose and said permit shall be prominently displayed at the site. No excavation or digging shall be permitted or undertaken until the site or location thereof shall have been approved by the City of New Haven. Said permit shall be issued upon payment of a two hundred dollar ($200.00) fee.

C. Any contractor or builder, painter, plumber, decorator, electrician, selfemployed, commercial or residential excavating or digging in the streets and alleys of the City of New Haven must perform in accordance with the following specifications:

C.1. At the time of backfilling, all lumber, rubbish and bracing shall be removed from the trench or excavation area. Granular fill of one (1) inch clean limestone shall be placed in the trench or excavation. The top six (6) inches shall be filled with one (1) inch minus limestone. The trench or excavation should be compacted by means of jetting or tamping thoroughly. The surface shall be restored to as near as original condition existing prior to excavation. The surface surrounding the excavation must be smoothly sawed. A minimum of two (2) inches of commercial grade hot mix asphalt smooth and thoroughly compacted using a minimum of a one (1) ton paving roller.

C.2. Upon completion of finished excavation, a preliminary approval must be made by the Public Works Director. It must be made thirty (30) days from the issuance of the permit. Ninety (90) days after the preliminary approval, a final approval must be make by the Public Works Director before the contractor be authorized the ninety percent (90%) refund of deposit. If work has not been completed satisfactorily and labor and materials are required to complete the excavation satisfactorily, the amount will be deducted from the deposit.

D. Every contractor or builder, painter, plumber, decorator, electrician, self employed, commercial or residential shall indemnify and hold harmless the City for all damages caused by said person, his/her agents servants or employees to the property of the City of New Haven.

E. Repairs to or replacement of all utility lines because of damages caused by the contractor or builder, painter, plumber, decorator, electrician, selfemployed, commercial or residential belonging to the City

of New Haven or its authorized agent shall be made by such contractor, builder, painter, plumber, decorator, electrician.


F. Each contractor or builder, painter, plumber, decorator, electrician, selfemployed, commercial or residential shall pay for all repairs or replacements of lines by the City at cost.

G. The Board of Aldermen may give written waiver of any of the provisions provided herein from time to time as circumstances dictate.

H. Each contractor or builder, painter, plumber, decorator, electrician, selfemployed, commercial or residential must provide a one thousand dollar ($1,000.00) corporate bond to guarantee payment to the City and performance under this Section.

I. Each contractor or builder, painter, plumber, decorator, electrician, selfemployed, commercial or residential must show proof of bond in compliance to this Section to the Board of Aldermen prior to issuance of any license under this Chapter.

J. This Section shall be for the purpose of ordinary service connection to existing utility lines. All other excavations shall be by special permit. (CC 1984 §20.040; Ord. No. 607 §1, 91492)

ARTICLE II. ADMINISTRATIONPUBLIC WORKS DIRECTOR

SECTION 510.020: AUTHORITY AND DUTIES GENERALLY

The Public Works Director shall have such authority and perform such duties as are prescribed by this Code or other ordinances of the City or as may be prescribed from time to time by the Mayor or the Board of Aldermen. (CC 1984 §20.230)

ARTICLE III. STREETS, CURBS, GUTTERS AND SIDEWALKS

SECTION 510.030: NECESSITY TO CONSTRUCT CURB AND GUTTER

It is necessary to construct curb and guttering along the streets in the City in order to prevent deterioration of the streets of the City and to properly control the flow of surface waters on said streets to prevent erosion. (CC 1984 §20.390; Ord. No. 554, 121288)

SECTION 510.040: STATEMENT OF POLICY

A. It shall to the responsibility of each owner of real property within the City of New Haven to construct, maintain, repair and replace the public sidewalks, curbs and gutters adjacent to such property in good repair and a safe condition and in accordance with the requirements of this Article.

B. It shall be unlawful to construct, maintain, repair, remove or replace any sidewalk, curb or gutter within the City except in strict conformity to the requirements of this Article. (CC 1984 §20.400; Ord. No. 553 §1(1.010), 111488)

§ 510.050 Streets And Sidewalks § 510.080

SECTION 510.050: SUPERVISION

All maintenance and repair of public streets, alleys, sidewalks, curbs and gutters and other public ways shall be under the supervision of the Public Works Director. Such official shall be charged with the enforcement of all ordinance provisions relating to such public places (except traffic ordinances) and is hereby authorized to enforce this Article by appropriate proceedings. (CC 1984 §20.410; Ord. No. 553 §1(1.020), 111488)

SECTION 510.060: DISTRICTS ESTABLISHED

The Board of Aldermen may, when deemed necessary or expedient, divide the City or any portion thereof into sidewalk districts and award contracts for the construction of all sidewalks, curbs or gutters which may be ordered built by the Board within each district for the next ensuing year. Such contracts shall be let after observing the same preliminaries and upon the same terms and conditions as hereinafter provided for other sidewalk contracts. (CC 1984 §20.420; Ord. No. 553 §1(1.030), 11 1488)

SECTION 510.070: SHADE TREES AND AWNING POSTS

No shade trees shall be planted by an adjoining lot owner on the curb side of the sidewalk. Any property owner who plants a tree shall bear the cost of removal of such tree. (CC 1984 §20.430; Ord. No. 553 §1(1.040), 111488)

SECTION 510.080: INSPECTION

A. The City may cause sidewalks, curbs and gutters, as well as other Cityowned rightsofway within the City, to be periodically inspected by such person as may be designated from time to time by the Public Works Director. A written report of the results shall be submitted to the City for their consideration.

B. A sidewalk and/or curb and gutter shall be deemed "hazardous" and in need of repair and/or replacement under the following conditions:

B.1. A one (1) inch or greater rise between sidewalk and/or curbing sections, either across the whole section or on the ends between sections.

B.2. A one (1) inch or greater depression in the sidewalk and/or curbing, which can be a section that is crushed.

B.3. Sections that have been raised or depressed greater than one (1) inch against the established grade of the street, back of curb or sidewalk, which most times have been caused by expansion, contraction or settling of the concrete.

B.4. Missing sections of sidewalks and/or curbing, greater than two (2) inches wide and two (2) inches in length, with a depth of one (1) inch or greater.

B.5. Spoiled sections of sidewalk and/or curbing, which provide a very irregular texture or which has created deep ruts or spoil areas that are onehalf (½) inch or greater. (CC 1984 §20.440; Ord. No. 553 §1(1.050), 111488; Ord. No. 879 §1, 121106)


SECTION 510.090: DEFECTS

It shall be the duty of every City Officer and employee becoming cognizant of any defect in any street, alley or sidewalk or any obstruction thereof to report the same to the Public Works Director as soon as possible. (CC 1984 §20.450; Ord. No. 553 §1(1.060), 111488)

SECTION 510.100: OBSTRUCTIONS, ENCROACHMENTS AND OPENINGS

It shall be unlawful to cause, create, construct or maintain any obstruction of any street, alley, sidewalk or other public way, including any building or structure which encroaches upon any sidewalk, public street or other public property and also including any opening or stairway in any sidewalk or other public area, without a permit therefor from the City, except as may be permitted specifically by ordinance. (CC 1984 §20.460; Ord. No. 553 §1(1.070), 111488)

SECTION 510.110: DIMENSIONS OF STREETS AND SIDEWALKS

The public streets in the City, when not otherwise specifically provided for, are hereby dedicated to the uses as follows:

.1. A strip of five (5) feet in width on each curb side of every street is reserved for use as a sidewalk.

.2. A strip of two and onehalf (2.5) feet in width within that five (5) foot side section on the curb side of the sidewalk is reserved for guttering and storm sewers.

.3. The remaining portion of the street is reserved for vehicular traffic. (CC 1984 §20.480; Ord. No. 553 §1(1.090), 111488)

SECTION 510.120: INJURY TO NEW PAVEMENTS

It shall be unlawful to walk upon or drive any vehicle or animal upon or injure any newly laid street or sidewalk pavement while the same is guarded by a warning sign or barricade or knowingly to injure any soft or newly laid pavement. (CC 1984 §20.490; Ord. No. 553 §1(1.100), 111488)

ARTICLE IV. CONSTRUCTION AND REPAIR OF SIDEWALKS, CURBS AND GUTTERS

SECTION 510.130: SPECIFICATIONS

All sidewalks, curbs and gutters constructed within the City shall conform to the following specifications:

.1. Cement. All cement used in a concrete sidewalk shall be of a good grade of standard Portland cement which will pass the standard test specified by the American Society for Testing Materials or the standard test required by the State Highway Department. Any cement failing to meet either of these tests shall be removed from the work and not used in any part thereof.


.2. Concrete. The concrete mixture shall be a minimum of six (6) sack mix meeting Class B requirements per Missouri State Highway Department standard specifications.

.3. Subgrade. The area in which a sidewalk is to be constructed shall be excavated or filled so that the subgrade shall be a true plane which is paralleled with, eight (8) inches below or as approved by the Public Works Director or his/her designee and in true conformity with the established sidewalk grade as fixed by such official.

.4. Foundation. The sidewalk foundation shall consist of a level bed of clean tailings, crushed rock or river or bank gravel deposited on the subgrade.

.5. Finish course. The sidewalk shall consist of a layer of Class B concrete, four (4) inches thick after being floated and neatly trawled to a true plane and finished, conforming to the grade established by the City Engineer.

.6. Dimensions. Sidewalks shall be a minimum four (4) foot width or as specified in plans and specifications as approved by the Board of Aldermen. The concrete shall be laid in sections approximately five (5) feet long and, excepting enclosures, embracing twenty (20) square feet.

.7. Artificial joints. Each section shall be separated from the adjoining section made with a groover or sawcut for the width of a section at right angles with the linear dimensions of the walk. Such joints shall have a clear width of not less than oneeighth ( 1 / 8 ) of an inch and be placed at intervals of not more than five (5) feet. A joint having a minimum opening of onehalf (½) inch in width shall be provided and made in the manner above described.

.8. Driveways. Where driveways are necessary across a sidewalk area, the driveway shall be built in all respects in the manner above described for sidewalks, except that the thickness of the concrete shall be six (6) inches and shall be finished with a longitudinal groove or corrugation providing a good traffic surface.

.9. Protection and curing. After the construction of the sidewalk as specified above, the work shall be protected from damage by vehicles, pedestrians, animals or other cause that might damage the surface of the concrete; and the sidewalk shall be kept thoroughly wet and protected from the sun during hot weather. The barricades or railings provided to keep traffic from the sidewalk shall not be removed without the permission of the Public Works Director.

.10. Nonconcrete sidewalks. Sidewalks may be constructed of materials other than concrete only if a permit therefor has been issued in advance by the Public Works Director as provided in Section 510.140. Such permit may be issued only after the filing of a written application therefor by the property owner demonstrating that the materials and construction technique proposed will result in a finished sidewalk having a stable, uniformly level and nonslippery surface which otherwise conforms to the specification provided herein for concrete sidewalks. Such permit, when issued, shall be conditional upon the proposed sidewalk being constructed in strict conformity to the application, subject to modifications required by the Public Works Director.

.11. Slope. All sidewalks shall be laid to conform to a slope of onequarter (¼) of an inch to the foot rising from the curb line back to the property line, except where there is a difference in the location of curb and property line or where the intersecting grades make it necessary to combine

or change the same; in which case these points shall be set by the Public Works Director or his/her designee and worked to by the contractor according to the instructions of such official.


.12. Wheelchair ramps. Wheelchair ramps shall be constructed at all street intersections and crosswalks to conform to requirements of law including, but not limited to, Section 71.365, RSMo.

.13. Retaining walls. If retaining walls are built on the property line, the outer edge of the sidewalk may extend to the retaining walls, but the curb edge of the sidewalk shall be on a line with adjoining sidewalks.

.14. Sidewalk openings. Any lawfully maintained opening in a sidewalk shall be flush with the sidewalk and guarded by a suitable strong cover or grate for the protection of the public to the approval of the Public Works Director. Any such grate shall rest on a concrete lip at least four (4) inches wide.

.15. Curbs and gutters. All curbs and gutters constructed within the City shall be constructed with forms as approved by the Public Works Director or his designee. Curbs and gutters shall be constructed of Class B concrete and shall conform to all other relevant specifications as provided in this Section.

.16. All curb and gutter shall be twelve (12) inches in height and thirty (30) inches in width of a roll back design, except where high back curb already exists, then high back may be constructed which shall be twelve (12) inches in height and must be thirty (30) inches in width. Complete dimensions and specifications can be found in the engineered curb and gutter plan detail, on file in the City offices (Exhibit A to Ord. No. 879) and incorporated herein by reference. (CC 1984 §20.510; Ord. No. 553 §2(2.020), 111488; Ord. No. 767 §1, 10801; Ord. No. 879 §§47, 121106)

SECTION 510.140: PERMITS REQUIRED BEFORE CONSTRUCTION

It shall, be unlawful to construct or repair any pavement on any public street, alley, sidewalk, curb, gutter or other public way without having first secured a permit therefor. Applications for such permits shall be filed with the City Clerk and shall state the location of the intended project, describe the particulars of the materials to be used and their placement, and identify the person or firm who is to do the actual construction work. No permit shall be issued unless the proposed work will conform to the ordinances of the City. The Public Works Director shall promptly review all such applications and determine if the proposed work conforms to the requirements of the ordinances of the City. If the work does so conform, the Public Works Director shall issue a permit. If the permit is denied, the Public Works Director shall give the applicant a concise written statement of the reasons for the denial. Any applicant may appeal the decision of the Public Works Director to the Board of Aldermen. (CC 1984 §20.520; Ord. No. 553 §2(2.030), 111488)

SECTION 510.150: INSPECTION REQUIRED AFTER COMPLETION

The Public Works Director or his/her designee shall inspect all newly constructed sidewalks, curbs or gutters upon completion of the work. Should such official determine the construction not to conform to this Article in any way or to have been damaged by rain, frost or any other cause, the work shall be removed and reconstructed as directed by such official. Acceptance or rejection by such official shall

be final, subject to review by the Board of Aldermen upon appeal by the owner or contractor. (CC 1984 §20.530; Ord. No. 553 §2(2.040), 111488)


SECTION 510.160: BARRICADES REQUIRED DURING CONSTRUCTION

A. Any person laying or repairing any pavement on a street, sidewalk, curb, gutter or other public place or making an excavation in the same shall maintain suitable barricades to prevent injury of any person or vehicle by reason of the work. Any such barricade shall be protected by a light at nighttime.

B. It shall be unlawful to disturb or interfere with any barricade or lights lawfully placed to protect or mark any new pavement or excavation or opening in any public street, alley, sidewalk, curb or gutter. (CC 1984 §20.540; Ord. No. 553 §2(2.050), 111488)

SECTION 510.170: REMOVAL OF RUBBISH

The contractor or owner shall, before any curb and gutter work may be accepted by the City, remove from the job site all rocks, broken stone, litter or trash of any like and leave the street and work in good condition and ready for use. (CC 1984 §20.550; Ord. No. 553 §2(2.060), 111488)

ARTICLE V. CONSTRUCTION COSTS AND OWNERS' RESPONSIBILITIES

SECTION 510.180: PROPERTY OWNER'S RESPONSIBILITY

A. Every owner of any lot or tract of land in the City which fronts or abuts upon any street, avenue or other public highway upon which there is no sidewalk, curb or gutter may be directed by the City to construct a sidewalk, curb or gutter along or adjacent to such property as provided in this Chapter.

B. All sidewalks, curbs and gutters shall be constructed, reconstructed or repaired at the expense of the owner of the lot or tract fronting or abutting thereon by the levy of a special assessment against such lot in proportion to the front foot thereof including the extension of curbs and sidewalks to the curb lines each way on corner lots and in conformity with all applicable ordinances.

C. It shall be the duty of the owner of property which fronts or abuts any sidewalks in the City to keep such sidewalk in good repair at all times. If any such owner fails to do so, the sidewalk, curb or gutter may be repaired by the City as hereinafter provided and the cost of the repairs shall be assessed as a special tax against such abutting property also as hereinafter provided. (CC 1984 §§20.500, 20.560; Ord. No. 553 §§2(2.010), 3(3.010), 111488)

SECTION 510.190: PROCEDURE

When, after review of the inspection report provided for in Section 510.080 hereof and in the judgment of the City, the construction or reconstruction of any sidewalk, curb or gutter shall be deemed necessary or upon the petition of any ten (10) citizens of the City, the Board may by ordinance order and provide for the construction or reconstruction of the sidewalk, curb or gutter in accordance with the requirements of this Chapter. (CC 1984 §20.570; Ord. No. 553 §3(3.020), 111488)


SECTION 510.200: PROCEDURE IN CONDEMNATION

A. After review of the inspection report or from other information that any sidewalk, curb or gutter may be in a dangerous or defective condition or which is not located upon the established grade and line for sidewalks or which does not conform to the specifications and requirements for sidewalks as provided by ordinance, the Public Works Director shall notify the adjoining and abutting property owner of such condition as provided in 510.250.

B. Said notice shall be dated, set forth the particular violation or violations, set forth a time of removal of the defect or violation of the notice shall further notify the property owner that he/she shall have the right to protest the finding by filing protest in writing fifteen (15) days after date of service or last date of publication with the City Clerk. (CC 1984 §20.580; Ord. No. 553 §3(3.025), 111488)

SECTION 510.210: PROTEST

A. When written protest is timely received by the City, the Board of Aldermen shall order a hearing to be held within thirty (30) days of receiving the protest to receive evidence on the alleged violation. The fronting or abutting property owner may present evidence at said hearing. The Board of Aldermen shall give written notice of hearing to protester at least ten (10) days prior to meeting.

B. The Public Works Director shall first present any evidence he/she might have substantiating the condition of the sidewalk, curb or gutter which makes it subject to condemnation and then the property owner may present any evidence or witnesses to the Board of Aldermen to refute the evidence or finding of Public Works Director.

C. The Board of Aldermen shall make a finding within fortyfive (45) days of the hearing and so notify the property owner concerned in writing of its finding and intentions. (CC 1984 §20.590; Ord. No. 553 §3(3.030), 111488; Ord. No. 879 §§23, 121106)

SECTION 510.220: CONDEMNATION OF SIDEWALKS, CURBS OR GUTTERS

The Board of Aldermen may by ordinance condemn any sidewalk, curb or gutter which it finds to be in a dangerous or defective condition or which is not located upon the established grade and line for sidewalks or which does not conform to the specifications and requirements for sidewalks as provided by ordinance and may provide for the removal of any sidewalk, curb or gutter so condemned. Provided however, that the cost of condemnation and removal of sidewalks shall be paid by the City. (CC 1984 §20.600; Ord. No. 553 §3(3.040), 111488)

SECTION 510.230: RECONSTRUCTION OF CONDEMNED WALKS

When any sidewalk, curb or gutter in the City has been so condemned by ordinance, it shall be the duty of the owner of the lot or tract fronting or abutting thereon to construct or reconstruct the sidewalk, curb or gutter according to the requirements of this Chapter in the same manner as required

in the original construction of sidewalks, curbs or gutters. (CC 1984 §20.610; Ord. No. 553 §3(3.050), 111488)

554.1


SECTION 510.240: ORDER TO CONSTRUCT

If any property owner fails, neglects or refuses to construct or reconstruct any sidewalk, curb or gutter in compliance with the provisions of this Chapter, the Board shall make an order of record requiring and directing the property owner to construct or reconstruct the sidewalk, curb or gutter stating in the order the kind of materials to be used, the width of the sidewalk, the legal description of the property along or abutting on which the sidewalk, curb or gutter is to be constructed or reconstructed, the name of the owner thereof, and the time within which such order must be complied with fully, which time shall not be less than thirty (30) days from the date on which the order is served. (CC 1984 §20.620; Ord. No. 553 §3(3.060), 111488)

SECTION 510.250: NOTICE TO PROPERTY OWNER

The Public Works Director shall immediately serve a certified copy of the order upon the property owner. If any such property owner is not a resident of the City and has no known agent or representative residing in the City upon whom notice may be served, then the Board shall mail a copy of the order to the last known address of the property owner and shall cause the order to be published in some newspaper published in the City for two (2) consecutive weeks. (CC 1984 §20.630; Ord. No. 553 §3(3.070), 111488)

555


SECTION 510.260: PENALTY FOR NONCOMPLIANCE WITH ORDER

Any property owner upon whom has been served an order of the Board to repair, construct or reconstruct any sidewalk, curb or gutter, who shall fail to comply with the order within the allowed time shall be deemed guilty of an ordinance violation and on conviction thereof shall be punished in accordance with Section 100.220 of this Code. (CC 1984 §20.640; Ord. No. 553 §3(3.080), 1114 88)

SECTION 510.270: CONTRACTS FOR CONSTRUCTION OF SIDEWALK

Upon the passage and approval of an ordinance for the construction or reconstruction by contract of any sidewalk, curb or gutter in the City, it shall be the duty of the Public Works Director immediately to prepare and file in the office of the City Clerk an estimate of the cost, per cubic yard or square yard as the case may be, of the improvement, including all necessary grading and filling, removal of any obstruction, construction of necessary approaches and materials to be used. The estimate shall show each lot or tract fronting or abutting upon the sidewalk to be improved and the estimated cost for each lot or tract. No contract shall be let in which the bid exceeds such estimate. (CC 1984 §20.650; Ord. No. 553 §3(3.090), 111488)

SECTION 510.280: ADVERTISEMENT FOR BIDS

No contract shall be let for the construction or reconstruction of any sidewalk, curb or gutter as provided by this Article, until an advertisement for bids for the doing of the work shall have been published in at least one (1) issue of a weekly newspaper published in the City. The date of the opening of the bids shall be set at least ten (10) days after the date of the first (1st) publication of said advertisement for bids. (CC 1984 §20.660; Ord. No. 553 §3(3.100), 111488)

SECTION 510.290: CONTRACT LET OR CITY MAY DO WORK

All such bids shall be opened on the specified date in the presence of the Board of Aldermen. The Board shall let the contract for the work by ordinance to the lowest and best responsible bidder. If no bids are received or if bids received are rejected, the Board may readvertise for bids or may by ordinance order the Public Works Director to proceed to construct or reconstruct the sidewalk, curb or gutter according to the specifications adopted therefor, keeping an accurate account of the cost of the separate items therefor. In no event shall the cost of the work done by the Public Works Director exceed the estimate. (CC 1984 §20.670; Ord. No. 553 §3(3.110), 111488)

SECTION 510.300: SPECIAL ASSESSMENTPROCEDURE

When any sidewalk, curb or gutter has been constructed or reconstructed by the Public Works Director as herein provided, the Board shall pay all costs of the work out of any funds available for that purpose. Upon the completion of the work and its acceptance by the City, whether the same shall have been done by contract or by the City the Board shall by ordinance levy the cost thereof as a

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special assessment against each lot or tract fronting or abutting on the sidewalk or other improvement in the manner hereinafter provided.

.1. The special assessment shall be levied by ordinance which shall state the number and title of the ordinance authorizing the doing of the work, the description of each lot or tract assessed,

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the name of the owner thereof, the number of front feet therein abutting on the improvement, the separate items of cost of said improvement and the total amount thereof.

.2. The ordinance shall further provide for the making out of special tax bills by the City Clerk payable to the contractor doing the work or to the public works contractor for and to the use of the City of New Haven if the work has been done by the City or if the procedure allowed in Section 510.330 hereof has been elected by the Board of Aldermen. All special tax bills shall be collected in the same manner as other tax bills and as otherwise provided in this Chapter.

.3. A separate tax bill shall be issued against each lot or tract of ground against which an assessment has been made. Each bill shall state the name of the owner of the lot or tract, a description of said lot or tract, the number of front feet abutting on the improvement, the number of the improvement ordinance under which the work was done, the number assessment ordinance under which the tax bill is issued and the different items of the improvement and the total cost thereof.

.4. All tax bills issued as herein provided shall be due sixty (60) days after their issue and shall bear interest from maturity at a rate not to exceed the rate on ten (10) year United States Treasury notes, as established at the most recent auction, as fixed in the assessment ordinance.

.5. All special tax bills shall be certified by the Public Works Director or other person making the computation of the cost for the City and shall be signed by the Mayor and attested by the City Clerk under the Seal of the City of New Haven.

.6. All special tax bills shall, before delivery, be recorded by the City Clerk in a book kept for that purpose. It shall be the duty of the Clerk to release the tax bills on the margin of the record upon their presentation by the holder or the assignee thereof and duly marked "paid" or when it is shown by other satisfactory evidence that such tax bills have been paid in full. (CC 1984 §20.680; Ord. No. 553 §3(3.120), 111488)

SECTION 510.310: SPECIAL TAX BILL A LIEN ON PROPERTY

A. The special tax bills issued against any property, except that owned by the United States of America, the State of Missouri or any State institution, County, township or City, shall be and constitute a first (1st) and prior lien thereon, subject only to the lien of general State, County and City taxes, which lien shall continue for a period of three (3) years from and after the maturity of the tax bills and until the final determination of any legal proceedings to collect the same.

B. Any real estate owned by the State of Missouri or by any State institution, County, township or City abutting on the improvement shall be liable for the cost of such improvement the same as other property and an assessment shall be made thereon and tax bill issued in the same manner as against other property, but said tax bill so issued shall constitute a valid claim, but not a lien, against such State, State institution, County, township or City and shall bear interest at a rate not exceeding eight percent (8%) per annum from thirty (30) days after issue until paid. (CC 1984 §20.690; Ord. No. 553 §3(3.120), 111488)

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SECTION 510.320: CONTRACTOR PAID IN SPECIAL TAX BILLS

When the advertisement for bids and the contract so provides, any person who accepts a contract with the City for work under this Chapter shall be paid in special tax bills made in conformity to this Chapter and the laws of the State of Missouri. (CC 1984 §20.700; Ord. No. 553 §3(3.130), 1114 88)

SECTION 510.330: SPECIAL TAX ASSESSMENT NOTESPROCEDURE

As an alternative to the procedure provided in foregoing Sections of this Chapter, the Board of Aldermen may, when deemed to be in the best interest of the City, arrange for the financing of the cost of sidewalk, curb or gutter expenses as provided for in Chapter 88, RSMo.

SECTION 510.340: PENALTIES

Violation of any provision of this Chapter, for which no specific penalty is provided, shall be as set forth in Section 100.220 of this Code. (CC 1984 §20.720; Ord. No. 553 §5, 111488)

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CHAPTER 515: STORMWATER MANAGEMENT STANDARDS

SECTION 515.010: INTENT AND PURPOSE

This Chapter provides minimum standards, controls and criteria for stormwater management. The principal design consideration in this Chapter is to minimize the harmful physical and economic effects of erosion, sedimentation and flooding from stormwater runoff. This is to be accomplished thorough the requirement of special measures to mitigate erosion both during and after construction, the detention and control discharge of the differential runoff from the development, and welldesigned stormwater conveyance system. (Ord. No. 722 §1(26.010), 101199)

SECTION 515.020: DEFINITIONS

For the purpose of this Chapter, the following terms shall be deemed to have the meaning indicated below.

DESIGN STORM EVENT: A storm of a specific duration expected to occur with a frequency of once every ten (10) years.

DETENTION FACILITY: A surface water runoff storage facility that is normally dry but is designed to hold (detain) surface water temporarily during and immediately after a runoff event.

DIFFERENTIAL RUNOFF: The difference in peak flow rate of water anticipated to shed from a parcel of land between the existing and improved surface condition for each rainfall event.

FREEBOARD: The difference in elevation between the top of the detention basin dam and the design surface water elevation.

MAJOR STORM EVENT: A storm of a specific duration expected to occur with a frequency of once every one hundred (100) years.

RATIONAL METHOD: An empirical formula for calculating peak rates of runoff resulting from rainfall.

RETENTION FACILITY: A surface water runoff storage facility always contains/retains a substantial volume of water to serve recreational, aesthetic, water supply or other functions. Surface water is temporarily stored above the normal stage during and immediately after runoff events.

STORMWATER MANAGEMENT PLAN: The drawings, computation, data, proposed contours, reports, etc., that identify how stormwater runoff is to be handled.

STORMWATER MANAGEMENT SYSTEM: All means, natural or manmade, used for conducting stormwater runoff to, through or from a drainage area to the point of outlet.

STORMWATER RUNOFF: Water that results from precipitation which is not absorbed by soil, evaporation into the atmosphere or entrapped by ground surface depressions and vegetation.

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TIME OF CONCENTRATION: An estimate of the time of surface water flow from the hydraulically most remote part of the drainage area to the point in question.

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TRIBUTARY AREA: All of the area that contributes stormwater runoff to a given point. (Ord. No. 722 §1(26.020), 101199)

SECTION 515.030: SEDIMENT AND EROSION CONTROL STANDARDS

A. General. Sediment and erosion control will be accomplished by applying conservation practices that will reduce the potential for damage from these hazards. Control practices use trapping, filtering or diversion techniques to protect adjacent properties from land disturbance activities.

B. MPDES Stormwater Permits. Effective January 1, 1992, construction sites where the area to be disturbed is five (5) acres or more must apply for a stormwater discharge permit from the Missouri Department of Natural Resources.

Permit requirements are set forth in 10 CSR 206.200 of the Missouri Clean Water Act.

C. When Controls Are Required. Standard vegetative and structural practices, as specified below, that filter, divert or promote the settlement of sediment particles from storm runoff shall be provided in the following situations:

C.1. To prevent sedimentladen runoff from leaving disturbed areas.

C.2. To isolate disturbed areas from erosive surface runoff associated with significant undisturbed areas.

C.3. To protect stormwater drainage conveyance systems at operable inlets.

D. Types Of Controls. Acceptable sediment and erosion controls shall be either vegetative or structural as described below:

D.1. Vegetative practices.

D.1.a. Top soiling. Stockpiling of topsoil to enhance final site stabilization with vegetation shall be done in such a manner that natural drainage is not obstructed and no offsite sediment damage results.

D.1.b. Seeding. Of the rate and type to produce dense vegetation.

D.1.c. Sodding.

D.1.d. Mulching. Is the application of grass, hay, wood chips, wood fiber, straw, gravel or other suitable material to the soil surface. Seeded and planted areas where slopes are steeper than 2:1 shall be stabilized with mulch.

D.2. Structural practices.

D.2.a. Construction entrance. Is a rock stabilization pad located at a point of vehicular ingress and egress on a construction site.

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D.2.b. Straw bale barrier. Shall be placed on downslope areas to intercept sediment or to reduce flow velocity. Straw bale barriers shall not be constructed in streams or swells where there is the possibility of washout.

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§ 515.030 Stormwater Management Standards § 515.040

D.2.c. Silt fence. Sediment shall be removed when it reaches onethird ( 1 / 3 ) to onehalf (½) the height of the fence.

D.2.d. Storm drain inlet protection. May consist of filter fabric, sand bags, excavated gravel, straw bale, block and gravel and any of the combination of the above.

D.2.e. Diversion swale or dike. These may be used to intercept runoff and direct to a sediment control device around a disturbed area or to an area where it can be safely released.

D.2.f. Sediment trap. Is a small storage or detention area used to detain construction runoff long enough to allow the largersized sediment particles to settle out before the runoff is released to downstream areas.

D.2.g. Temporary sediment basin. Performs the same function as a sediment trap, although it has a greater volume and is located below disturbed areas generally greater than five (5) acres. They shall be sized to provide a minimum volume of three thousand six hundred (3,600) cubic feet per disturbed acre draining to the facility.

D.2.h. Temporary slope drain. May be plastic sheets, metal or flexible pipe, stone, gutter, fiber mats, concrete or asphalt ditches or half round pipe to carry runoff from one (1) elevation without erosion of the slope.

D.2.i. Check dam. May be constructed of logs or stone across a swale or drainage ditch to reduce the water's velocity and to trap small amounts of sediment.

D.2.j. Level spreader. Is an excavated depression to convert a concentrated flow to a sheet flow, allowing water to be released at less levels.

D.2.k. Erosion fabrics.

E. Construction Plans. A contoured development map must clearly indicate the pattern of surface water runoff, both upstream and downstream of the development. The type of sediment and erosion control to be utilized shall be clearly indicated. The City Engineer and/or Director of Public Works shall have authority to require proper controls as specified herein. (Ord. No. 722 §1(26.030), 101199)

SECTION 515.040: DESIGN CRITERIA

A. Purpose. A development's stormwater drainage system shall be designed to:

A.1. Protect natural waterways.

A.2. Convey upstream and onsite stormwater runoff to a natural watercourse or to a storm drainage facility.

A.3. Provide protection from the design storm event and address the major storm so as to prevent major property damage and loss of life.

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B. Rainfall Frequency. All facilities shall be designed to carry a 10year storm of a duration which produces the maximum peak flow rate of stormwater runoff without inundation or surcharging. All

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hydraulic structures shall be designed to allow for a 100year storm to pass through the subdivision without destroying or damaging property or inundating dwellings. Design information which substantiates both conditions shall be provided.

Refer to Figure "A", which is on file in City Hall, for rainfall curves for 2, 5, 10, 20 and 100year frequencies.

C. Calculation Of Runoff.

C.1. The method of calculating and routing stormwater runoff shall be a generally accepted stormwater practice. The drainage area shall consider all on and offsite lands contributing to the proposed development's drainage system. Capacity for such facilities shall be based on the maximum potential water shed development permitted by the zoning ordinance.

C.2. The Rational Method for calculating stormwater runoff may be used for development up to two hundred (200) acres. The Rational Method may be modified per MSD standards for developments greater than two hundred (200) acres. Other common rainfall runoff calculation methods that may be utilized include Graphical Peak Discharge, Tabular and the Synthetic Unit Hydrograph.

C.3. The minimum percentage of imperviousness to be used in design shall be based on the zoning district as shown in the following table:

DISTRICT MINIMUM % IMPERVIOUS General Agriculture 45 "R1" SingleFamily 45 "Rlb" SingleFamily 50 "R2" TwoFamily 60 "R3" MultiFamily 70

"C1" General Commercial 85 "C2" Planned Shopping 90

"C3" Central Business District 90 "I1" Light Industrial 90 "I2" Heavy Industrial 90 Parking, Streets, Roofs 100

A.1. Special uses, such as schools, churches, etc., shall have the differential runoff computed and approved by the City Engineer (or Director of Public Works).

A.2. Special circumstances may dictate that the developed impervious area may differ from that shown in the above table. An example may be singlefamily lots of larger than ten thousand (10,000) square feet. Calculations prepared by a registered professional engineer may be submitted to the City Engineer (or Director of Public Works) for his/her evaluation to determine

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if a minimum impervious area which differs from that shown in the above table may be utilized. Likewise, the City Engineer (or Director of Public Works) may determine that the percent of impervious area for a particular development differs from that shown in the above table.

See Figure "B", which is on file in City Hall, for the runoff factor to be utilized for various impervious conditions and rainfall durations.

B. Open Channels. Open channels consist of swales, ditches or depressions, both natural and manmade, that convey water. Channels shall be protected from scour and erosion by providing a channel lining adequate to sustain the velocity of the 10year design storm. If velocities in channels exceed five (5) feet per second during ten 10year design storms, then erosion control other than vegetation shall be provided in channel construction. Channels shall have hydraulic capacity to carry the 10year design storm runoff within the channel bed and banks. Outofbank flow may be permitted on land slopes parallel to the channel where it can be shown that no erosion damage or serious property damage will result. Channels function as part of the major drainage system and shall be evaluated for the 100year design storm to determine the impacts of runoff on adjacent property. The channel's hydraulic capacity shall be increased where adjustments to channel geometry provide significant protection to adjacent properties during 100year event.

C. Closed Conduit Storm Sewers.

C.1. Pipe sizes for closed conduit flow shall be based on the 10year design storm runoff and minimum allowable velocities. The system shall provide for the cleaning of sediment and other deposits by maintaining a minimum velocity of two (2) fps during the 10year storm.

C.2. Manning's Equation is the most common method of estimating the capacity and flow resistance in conduits, although the Kutter, HazenWilliams and Darcy Weisbach formulas are also acceptable.

C.3. Closed conduit storm sewer systems shall convey the 10year design to a point of discharge by gravity or pressure flow. In pressure flow conditions, the hydraulic grade line shall be calculated to reflect losses in pipes and structures and shall not rise to an elevation greater than the sewer structure tops during design storm.

C.4. Generally, gravity flow occurs where the capacity of pipe run exceeds the design flow and the outfall point does not control discharge. Storm sewer systems may be designed for pressure flow when the hydraulic grade line is above the crown of the pipe. The decision to design a pressure flow system may be based on aesthetics, the need to submerge outfalls, economics, limitations associated with the reduced pipe sizes or grade constraints in outfalling the system.

D. Inlets. Calculations shall be submitted to demonstrate the capacity of all inlets, such calculations must consider the crossslope of the pavement, depth of water at the curb face, size of opening and the longitudinal grade of street. Street inlets and inlets in parking areas shall reduce the spread and depth of flow to acceptable levels during the 10year design storm. The acceptable level of flow for a minor access or local access street would maintain an eight (8) foot travel lane with a maximum one (1) inch depth. One (1) clear ten (10) foot travel lane must be maintained for a collector street. Two (2) clear ten (10) foot travel lanes mist be maintained for a major street. Any area inundated by water ponding at an inlet during the 10year storm event shall be located within an easement or rightofway. The effects of the 100year storm event shall also be analyzed to insure no property damage or dangerous

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conditions grades may be designed to permit a portion of flow to bypass the structure, however, calculations for the downstream structure must consider the bypass.

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D.1. Plans and calculations. A drainage map shall be developed from a base reproduction of the site plan or grading plan. The existing and proposed contours shall be shown, normally at two (2) foot intervals, for the subject property, extending offsite one hundred (100) feet or less, as determined by the department for proper design of the proposed improvements. Contour intervals other than the above shall be used as determined by the site topography. Only USGS datum shall be used.

D.2. The location of existing and proposed property lines, street, sinkholes, railroads, areas within the tract subject to inundation by stormwater and other significant natural features, such as wooded areas and rock formations etc., shall be included on the map. All existing and proposed stormwater facilities, such as inlets, manholes, pipes, culverts, bridges, channels, etc., and all existing and proposed improvements required for proper design review, such as pavement, buildings, etc., shall be included on the map.

D.3. The runoff details shall be required showing individual flows for each existing and proposed structure and cumulative flows in pipes and gutters, including "Q" and area. The map shall show all bodies of water, such as ponds or lakes (including surface area and elevation), and all waterways (including their names or the names of creeks or rivers they flow into).

D.4. Lots shall be laid out so as to provide positive drainage away from all buildings. Individual lot drainage shall be shown and coordinated with the drainage pattern for the area and designed so that runoff from one (1) lot will not adversely affect an adjoining lot. All necessary grading to direct stormwater runoff shall be located within a drainage easement.

D.5. All computations, plans and specifications related to the implementation of this Chapter must be prepared and sealed by a professional engineer registered in the State of Missouri. (Ord. No. 722 §1(26.040), 101199)

SECTION 515.050: DETENTION AND DETENTION FACILITIES

A. Maintenance. Each owner of the property being developed has the responsibility and duty to properly operate and maintain any stormwater management system which has not been accepted for maintenance by the City. The responsibility of maintenance of the system in subdivision projects shall remain with the developer until such time as the stormwater management system escrow for such development has been released. Upon release of escrow, the maintenance responsibility shall be vested in the trustees of the subdivision by virtue of a trust indenture. The indenture of trust shall clearly indicate resident responsibility for maintenance. The responsibility for maintenance in single lot development shall remain with the general contractor and owner until final inspection of the development is approved and an occupancy permit is issued. After occupancy, the maintenance of the management systems shall be vested in the owner of the project. All such privately owned and maintained systems shall be subject to periodic inspection by the City Engineer (Director of Public Works or his/her representative).

B. Storage Capacity.

B.1. The rates (predeveloped and postdeveloped) of runoff shall be determined for the 10, 20 and 100year rainfall frequencies. The minimum storm duration shall be twenty (20) minutes.

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B.2. Stormwater shall be detained on site or adjacent property under agreement and metered out at the rate of an undeveloped site for the above frequencies and minimum duration to prevent possible flooding and erosion downstream. Design criteria to establish this differential runoff

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rate shall be as provided in Section 515.040 "Design Criteria". Note that stormwater pipes shall be sized to carry the total developed tributary upstream water shed. No reduction in pipe size shall be permitted because of detention.

B.3. Detention basin volume will be based on routing each postdeveloped runoff hydrograph through the detention facility while satisfying the appropriate allowable release rate. The routing computation shall be based on an application of the continuity principle. The discharge rate shall be based on the maximum head conditions in the detention facility.

C. When Required. The City retains the right to require detention storage in all cases in which the proposed development will generate excess runoff that adversely affects the carrying capacity of the receiving watercourse and/or adversely affects adjoining property owners. Therefore, every development shall have stormwater detention, except as specified herein.

C.1. Offsite facility two (2) or more developments. If two (2) or more developments, including that of the applicant, have provided for a common system.

C.2. Offsite facility by City. If an offsite stormwater management system has been either constructed or programmed or identified for construction by the City and the applicant has agreed to contribute to or participate in the construction thereof.

C.3. It is determined that no immediate adverse effects will result to adjacent property and a contribution is made to the Stormwater Management Improvement Fund as described in Section 515.050(E).

C.3.a. If immediate onsite or offsite detention is not required as specified in the above paragraph, the applicant must contribute to the Stormwater Management Improvement Fund. The contribution shall be an amount equal to two hundred dollars ($200.00) for every cubic foot per second of differential runoff generated during the 100year design storm event.

C.3.b. Other management techniques. Management techniques other than detention facilities may be utilized by the development provided the techniques proposed meet the intent of this Chapter and provide a benefit to the watershed that equals or exceeds the benefit that a detention facility would provide.

D. General Design Features.

D.1. Dry bottom basins. May be constructed to temporarily detain the stormwater runoff so that the rate at which it is released is the same as before development. The following features shall be incorporated into the design of any detention basin:

Freeboard. Detention storage areas shall have adequate capacity to contain the storage volume of tributary stormwater runoff with at least two (2) feet of freeboard above the water surface.

Outlet control works. Outlet works shall be designed to limit peak outflow rates from detention storage areas to or below peak rates that would have occurred prior to the proposed development.

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Outlet works shall not include any mechanical components or devices and shall function without requiring attendance or control during operation unless specifically approved by the City Engineer (or Director of Public Works).

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Emergency overflow/spillway. Emergency structure shall be provided to permit the safe passage of runoff generated in excess of the design storm event. Antivortex measures shall be provided.

Maximum depth. The maximum planned depth of stormwaters stored shall not normally exceed five (5) feet.

Side slopes. The maximum side slopes for grassed basins shall not normally exceed one (1) foot vertical for three (3) feet horizontal.

Limits of ponding. In no case shall the limits of maximum ponding be closer than thirty (30) feet horizontally from any basin and less than two (2) feet vertically below the lowest sill elevation.

Interior drainage. The basin bottom should be designed to drain expeditiously. Flows through the detention basin should be handled by paved ditch from inflow structure to outflow structure to minimize erosion.

Multipurpose basins. If the detention basin is to have other uses, the design of the basin bottom should include underdrains to expedite drying of the bottom between runoff events.

Aesthetics. Designs should result in aesthetically pleasing configurations which will enhance public acceptability.

D.2. Wet bottom basins. Wet bottom basins may also be used to temporarily detain the differential runoff from the development. In addition to the general design features enumerated above for dry bottom basins, the following features should also be incorporated into the design of any wet bottom basin:

Normal pool depth. In order to minimize weed growth, the normal pool depth should be four (4) feet minimum.

Depth of fish. If fish are to be kept in the pond, at least onequarter (¼) of the permanent pool should have a minimum depth of ten (10) feet.

Facilities for emptying. In order to ease cleaning of the pond or shore line maintenance, the pond design should include provisions for emptying the pond.

Low flow bypass. The design of any pond may include a low flow bypass channel or pipeline to divert runoff that can be accommodated by downstream drainageways.

Side slopes below normal pool. The side slopes below the normal pool elevation may exceed the maximum side slope permitted above normal pool (3:1 slope). The design shall, however, include provisions for a safety ledge having a depth of water not greater than three (3) feet immediately adjacent to the shoreline.

Forbay. In order to minimize siltation of the ponding, a forbay should be included in the design.

D.3. Rooftop storage. Detention storage may be met in total or in part by detention on roofs. Details of such design, which shall be included in the building permit applications, shall include

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the depth and volume of storage details of outlet devices and downdrains, elevations of overflow provisions. Direct connection of roof drains to sanitary sewers is prohibited.

D.4. Parking lot storage. Paved parking lots may be designed to provide temporary detention storage of stormwater on all or a portion of their surfaces. Outlets will be designed so as to slowly empty the stored waters and depth of storage must be limited so as to prevent damage to parked vehicles.

D.5. Other detention methods. All or a portion of the detention storage may also be provided in underground or surface detention facilities to include basins, tanks or swales, etc. Emergency overflow conditions shall be considered in all methods.

E. Stormwater Management Improvement Fund. A Stormwater Management Improvements Fund shall be and is hereby created. Said fund shall be reserved for funding improvements to stormwater systems owned and maintained by the City and for no other purposes unless authorized in the ordinance. All contributions made by parties developing within the City in accordance with Subsection (C)(3) of the ordinance shall be deposited to said fund. Said fund shall be deposited in an interestbearing account.

F. Plans And Calculations. Topographic map outlining the limits of the contributing watershed and site plan of suitable scale and two (2) foot contour interval showing the land to be developed and such adjoining land whose topography may affect the layout or drainage patterns for the site.

F.1. The location of streams and other floodwater runoff channels, calculations supporting the method and capacity needed for the safe and temporary storage of increased runoff resulting from the proposed development, if temporary storage is needed.

F.2. Basic information regarding the receiving watercourse into which the proposed stormwater will discharge. This information should include a general cross section and existing downstream culverts, bridges and other waterway openings.

F.3. A layout of the proposed stormwater management system including the location and size of all drainage structures, storm sewer, channels, channel sections, detention basins and analysis regarding the effect said improvements will have upon the receiving channel and its high water elevation.

F.4. All computations, plans and specifications related to the implementation of this Chapter must be prepared and sealed by a professional engineer registered in the State of Missouri. (Ord. No. 722 §1(26.050), 101199)

SECTION 515.060: MATERIAL AND CONSTRUCTION STANDARDS

A. Storm pipes shall be protected from excessive bearing pressures by placing them outside the fortyfive degree (45°) influence zone of building structures unless an engineering calculation shows the pipe material or soil condition to be adequate for the subjected load.

B. Pipes on twenty percent (20%) slopes or greater shall be anchored securely with concrete anchors or equal to prevent the pipe from creeping downhill.

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C. Pipes constructed on fill shall be stable and protected against settlement by compacting fill material to ninetyfive percent (95%) of the modified proctor maximum dry density.

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D. Pipes thirtysix (36) inches or larger may be placed on a curve alignment utilizing alignment radii established by pipe manufacturer.

E. The receiving surface where pipes discharge shall be protected from erosion by evaluating the discharge velocity for the 10year design storm. The use of energydissipating devices may be necessary to reduce the velocity to acceptable levels for the receiving surface. Grouted revetment used shall be a minimum length of ten (10) times the diameter of the discharge pipe.

F. A manhole, inlet or junction box shall be located at changes in pipe size, grade, alignment or material.

G. The angle between influent and effluent pipes shall be not less than ninety degrees (90°) and the drop between inverts shall be not less than onetenth (0.1) foot.

H. Manhole and inlet castings located in travelways shall be capable of withstanding traffic loads and shall be constructed flush with the finished surface.

I. All materials and appurtenances for stormwater management systems shall conform to current standards in the American Society for Testing and Material (ASTM)

J. Manholes shall be precast or castinplace concrete, brick, concrete block with concrete or brick risers and approved manhole covers.

K. A new drainage channel or pipe shall intersect an existing drainage channel at a maximum angle of sixty degrees (60°).

L. All trenches under roadway pavement shall be backfilled with MHTD Type I aggregate in six (6) inch layers and compacted to ninetyfive percent (95%) of the modified proctor maximum dry density.

M. All piping shall be bedded per the manufacturer's requirement.

N. Grated inlets will not be allowed without special approval by the City Engineer (or Director of Public Works).

O. All materials used in the construction of storm sewers shall be subject to inspection and approval of the City Engineer (or Director of Public Works).

P. Acceptable pipe material shall be reinforced concrete pipe, corrugated metal pipe and corrugated polyethylene pipe. Reinforced concrete pipe shall conform to the requirements of the Specifications for Reinforced Concrete Culvert, Storm Drain and Sewer Pipe, ASTM C76. Strength class or classes shall be as required per designed specifications of the latest editions of the Concrete Pipe Handbook as published by the American Pipe Association.

Q. Corrugated metal pipe shall conform to the requirements of AASHTO M36 "Standard Specification for Zinc Coated (Galvanized) Pipe" or the "Standard Specifications for AASHTO M196 Corrugated Aluminum Pipe". Structural design requirements shall be per the latest edition of the Handbook of Steel Drainage and Highway Construction Products as published by the American Iron and Steel Institute.

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R. The City Engineer (or Director of Public Works) may consider for approval a written request to use other types of pipe. Corrugated polyethylene pipe shall conform to the requirements of AASHTO

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M294 "Standard Specifications for Corrugated Polyethylene Pipe". All polyethylene pipe should be installed according to ASTM D2321 "Standard Practice for Underground Installation of Thermoplastic Pipe for Sewers and Other Gravity Flow Applications".

S. All construction details pertaining to stormwater drainage shall be in accordance with the Metropolitan St. Louis Sewer District requirements unless otherwise noted herein. (Ord. No. 722 §1(26.060), 111099)

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