BILL NO. 2018-112 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF NIXA, MISSOURI, REPEALING CHAPTER 103-BUILDINGS AND BUILDING REGULATIONS, ARTICLE I - IN GENERAL, SECTIONS 103-1 THROUGH 103-4, ARTICLE II-HOUSING OCCUPANCY CODE INSPECTIONS AND CERTIFICATES, SECTIONS 103-27 THROUGH SECTION 103-43 AND ENACTING NEW SECTIONS 103-1 THROUGH 103-4 AND SECTIONS 103-27 THROUGH 103-43, OF THE ORDINANCES OF THE CITY OF NIXA, MISSOURI WHEREAS, ARTICLE II, Section 2.1 of the Home Rule Charter of the City of Nixa, Missouri provides the City of Nixa all powers of the General Assembly of the State of Missouri has authority to confer upon any City, provided such powers are consistent with the Constitution of the state of Missouri and are not limited or denied by the City of Nixa s Charter or by statute; and WHEREAS, the Council of the City of Nixa believes it is it the best interest of the public and wishes to repeal Chapter 103, Article I, Sections 103-1 through 103-4 and Article II-Sections 103-27 through 103-43 and enact, in lieu thereof, new Sections 103-1 through 103-4 and new Sections 103-27 through 103-43 in order to update the City of Nixa s building codes to ensure structures and buildings are constructed and maintained at a high standard; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NIXA, MISSOURI, AS FOLLOWS: Section I. Sections 103-1 through 103-4 and Sections 103-27 through 103-43 of the City Code are hereby amended by deleting said sections in their entirety and enacting, in lieu thereof, new sections which shall read as follows: Sec. 103-1. - Codes adopted. a) The ICC International Building Code, 2018 edition, as published by the International Code Council, Inc. is the building code of the city for the control of buildings and structures as herein provided, and each and all of the regulations, provisions, penalties, conditions and terms of said ICC International Building Code, are hereby referred to, adopted and made a part hereof as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in Section 103-2 b) The ICC International Residential Code for One- and Two-Family Dwellings 2018 edition, as published by the International Code Council, Inc., including Appendices A, B, C, D, G, H, I, J, K, N, P, and Q, is the one- and two-family dwelling code for the city regulating the fabrication, erection, construction, enlargement, alteration, repair, location and use of detached one- and two- family dwellings, their appurtenances and accessory structures in the jurisdiction of the city; and providing for the issuance of permits therefore providing
penalties for the violation hereof, and repealing all ordinances and parts of this chapter in conflict therewith. c) The ICC International Plumbing Code 2018 edition, as published by the International Code Council, Inc., including Appendix E, is the plumbing code of the city for the control of buildings and structures as herein provided, and each and all of the regulations, provisions, penalties, conditions and terms of said ICC International Plumbing Code are hereby referred to, adopted and made a part hereof as if fully set out in this chapter, and with the additions insertions, deletions and changes, if any, prescribed in Section 103-2. d) The ICC International Mechanical Code 2018 edition, as published by the International Code Council, Inc., including Appendix A, is the mechanical code of the city for the control of buildings and structures as herein provided, and each and all of the regulations, provisions, penalties, conditions and terms of said ICC International Mechanical Code are hereby referred to, adopted and made a part hereof as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in Section 103-2. e) ICC International Property Maintenance Code 2018 edition, as published by the International Code Council, Inc. is the property maintenance code of the city for the control of buildings and structures as herein provided, and each and all of the regulations, provisions, penalties, conditions and terms of said ICC International Property Maintenance Code are hereby referred to, adopted and made a part hereof as if fully set out in this chapter, with the additions, insertion, deletions and changes, if any, prescribed in Section 103-2. f) The ICC International Fire Prevention Code 2018 edition, as published by the International Code Council, Inc. is the fire prevention code of the city for the control of buildings and structures as herein provided, and each and all of the regulations, provisions, penalties, conditions and terms of said ICC International Fire Prevention Code are hereby referred to, adopted and made a part hereof as if fully set out in this chapter, with the additions, insertions, deletions and changes if any, prescribed in Section 103-2. g) The 2017 Edition of the National Electrical Code/(NFPA-70-2011), as published by the National Fire Protection Association, is the electrical code of the city, for the control of buildings and structures as herein provided, and each and all of the regulations, provisions, penalties, conditions, and terms of said NFPA National Electrical Code are hereby referred to, adopted and made a part hereof as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in Section 103-2. h) The ICC International Energy Conservation Code 2018 edition, as published by the International Code Council, Inc. is the energy conservation code of the city, for the control of buildings and structures as herein provided, and each and all of regulations, provisions, penalties, conditions and terms of said ICC International Energy Conservation Code are hereby referred to, adopted and made a part hereof as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in Section 103-2.
i) The ICC International Fuel/Gas Code 2018 edition, as published by the International Code Council, Inc., including Appendices A, B, C, and D, is the fuel/gas code of the city, for the control of buildings and structures as herein provided, and each and all of the regulations, provisions, penalties, conditions, and terms of said ICC International Fuel/Gas Code are hereby referred to, adopted and made a part hereof as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in Section 103-2. (Prior Code, 5-1; Ord. No. 1469, 1-2007; Ord. No. 1773, 1-22-2013; Ord. No. 1828, 10-20- 2014) State Law reference Adoption by reference, RSMo 67.280. Sec. 103-2. - Amendments. I) International Building Code. a. The International Building Code adopted in Section 103-1 is hereby amended by substituting the following Sections or portions of Sections for those Sections or portions of Sections with corresponding numbers of the International Building Code/2018 or where there is no corresponding Section in the code the following Sections shall be enacted as additions, changes or alteration to that code: 1. Section 101.1 Insert: The City of Nixa 2. Delete Section 1608.2 in its entirety and add in its place a new Section 1608.2 to read as follows: 1608.2 Ground Snow Load; The ground snow load for the City of Nixa, Missouri shall be a minimum of 20 pounds per square foot. 3. Section 1612.3 Insert: City of Nixa 4. Delete Chapter 34 in its entirety. II) International Residential Code. a. International Residential Code/2018, including Appendices A, B, C, D, G, H, I, J, K, N, P, Q as adopted by Section 103-1 is hereby amended by substituting the following Sections or portions of Sections for those Sections or portions of Sections with corresponding numbers of the International Residential Code/2018 or where there is no corresponding Section in the code, the following Sections shall be enacted as additions, changes or alterations to that code: 1. Section R101.1 Insert; The City of Nixa 2. Delete in its entirety Section R112
3. Section R113.4 Add a sentence to the end of the paragraph to read as follows; The penalties are set forth in Section 1-9 of the Code of Ordinances of the City of Nixa. 4. Insert the following values in Table R301.2(1): Ground snow load 20 Wind speed 115 Seismic design category C Damage from weathering Severe Frost line depth 18 inches Damage from decay Moderate/Heavy Winter design temperature 9 Flood hazard Sec 107-6 5. Storage areas accessible from the exterior of the residence shall meet the requirements for dwelling/garage opening/penetration protection. R302.5 in the 2018 IRC 6. Delete Section R302.13 Fire Protection of floors, in its entirety. 7. Amend Section R313 Automatic Fire Sprinkler Systems by deleting sub-section R313 in its entirety and enacting a new sub-section which said new sub-section shall read as follows: R313 Automatic Fire Sprinkler Systems. A builder of five or more connected units shall comply with the design and installation requirements of the 2012 International Residential Code suppressant separation as provided in Section R317 of the 2006 IRC or Section P2904 of the 2012 IRC at the builder s or purchaser s cost and option. 8. Repeal Section R315, Carbon monoxide alarms, subsection R315.3, as follows, Where required in existing dwellings, in its entirety, and provide a new subsection R315.3 as follows: R315.3 alterations and addition. When alterations or additions requiring a permit occur, or when one or more sleeping rooms are added or created in existing dwellings, the individual dwelling unit shall be equipped with carbon monoxide alarms as required for new dwellings. Exceptions: 1. Work involving the exterior surfaces of dwellings such as the replacement of roofing or siding, or the addition or replacement of windows or doors, or the addition of a porch or deck, are exempt from the requirements of this section. 2. Installation, alteration or repairs of plumbing or mechanical systems are exempt from the requirements of this section.
9. Repeal Section R403, Footings, subsection R4031.3.1 in its entirety, and provide a new subsection R403.1.3.1, as follows: R403.1.3.1 Footings with stem walls. Footings shall be provided with a minimum of two No. 4 bars equally placed approximately eight inches apart horizontally and between two and four inches above the bottom of the footing. If the footing is wider than 24 inches, a third No. 4 bar shall be added and all three shall be equally spaced across the width of the footing, beginning at least two inches from each outer edge. Stem walls shall be provided with a minimum of two horizontal No. 4 bars, to be located approximately three (3) inches from the exterior surface of the wall and spaced approximately eighteen (18) inches apart vertically with the top and bottom bars within six (6) inches of the top and bottom of the stem wall. If the stem wall is taller than three feet, additional bars shall be added such that the spacing between the horizontal bars is not greater than eighteen (18) inches. Vertical No. 4 bars shall be used to adequately support the horizontal reinforcement. 10. Repeal Section R504, Decks subsection 507.3.1 and 507.3.2 and provide new subsection 507.3.1 and 507.3.2 as follows: Exterior footings shall be placed not less than 12 inches below the undisturbed ground surface. 18 below finished grade. 18 square or 18 round diameter Post size shall be 6x6 and a maximum height shall be 14 0. Exception: landings and decks less than 30 in height can use 4x4 post. 11. Repeal Section 802.11 Roof Tie-Down subsection Section 802.11.1 in its entirety and provide a new subsection R802.11.1 as follows: 802.11.1 Uplift resistance, by adding the following; All rafters and trusses spaced not more than 24 inches on center shall be attached to their supporting wall assemblies by mechanical fasteners. 12. Chapter 11 Energy Efficiency Delete: 1. N1102.4.1.2 Testing 2.N1103.3.3.3 Duct Testing 3.N1103.3.5 Building Cavities 4.N1105 Simulated Performance Alternative 5.N1106 Energy Rating Index; Compliance Alternative
6.Table N1102.1.2 The Insulation Requirement for floors shall not be required. 13. Delete Section P2503.5.2 item 2 in its entirety. 14. Delete Section P2503.6 15. Residential Service Upgrades, 1. All structures used for residential purposes, requiring a service upgrade or modification, shall mandate the following electrical system improvements: a) GFI receptacles in the kitchen(s) and bathroom(s) shall be installed if outlets are in existence at the time of the service upgrade. b) Approved hard-wired, dual powered, interconnected smoke detectors shall be installed and located as per the adopted building code. c) The kitchen shall be provided with a minimum of two (2) d) All apparent hazards shall be corrected. 2. If a fire occurs, or other similar incident that damages any part of the electrical system within a residential structure, in addition to all damaged systems being repaired, it is mandated that all apparent hazards within the structure be corrected. Hard-wired, dual-powered, interconnected smoke detectors shall be installed and located as per the adopted building codes. If the service portion of the electrical system is damaged or upgraded as a result of a fire or other incident, it shall require that all items listed in paragraph E (1) of this section shall be provided. 3. A total partial upgrade of the electrical system may be required, if in the opinion of the Code Official, or his designee, the condition of the existing electrical system constitutes a potential threat to the safety and welfare of current or future occupants. 16. Amend Section E3902, Ground-fault and arc-fault circuit-interrupter protection, subsection E3902.2, Garage and accessory building receptacles, as follows: 1.E3902.2 Garage and accessory building receptacles. All 125-bolt, single phase, 15-or20- ampere receptacles installed in garages and grade-level portions of unfinished accessory buildings used for storage or work areas shall have ground fault circuit-interrupter protection for personnel. Exception: The receptacle adjacent to and used solely for the purpose of providing power for the garage door opener does not have be GFCI protected. a) Amend Section E3902, Ground-fault and arc fault circuit-interrupter protection, as follows:
i. E3902.12 Arc-fault circuit-interrupter protection. All branch circuits that supply 120+-volt, single-phase, 15- and 20-ampere outlets be protected by a combinationtype arc-fault circuit interrupter installed to provide protection of the branch circuit. b) Repeal Section E4002, Receptacles, subsection E4002.14, Tamperresistant receptacles, in its entirety. III) International Mechanical Code a) The International Mechanical Code/2018, including Appendix A, as published by the International Code Council, adopted by section 103-1 is hereby amended by substituting the following sections or portions of Sections for those Sections or portions of Sections with corresponding numbers of the International Mechanical Code/2018, or where there is no corresponding Section in the code, the following Sections shall be enacted as additions, changes or alterations to the code: 1. Section 101.1 Insert: City of Nixa 2. Delete Section 109 in its entirety. IV) International Plumbing Code a) The International Plumbing Code/2018, including Appendix E, adopted by section 103-1 is hereby amended by substituting the following sections or portions of Sections for those Sections or portions of Sections with corresponding numbers of the International Plumbing Code/2018, or where there is no corresponding Section in the code, the following Sections shall be enacted as additions, changes or alterations to the code: 1. Section 101.1 Insert: City of Nixa 2. Delete Section 109 in its entirety. 3. Section 305.4.1 Insert: 24, 24 4. Delete Exception; 2. Of Subsection 403.2, separate facilities, in its entirety, and add the following: 2. Separate facilities shall not be required in structures or tenant spaces with a total occupant load, including both employees and customers, of 49 or less and which do not serve food or beverages to be consumed within the structure or tenant space. In addition, add the following: 4. Separate facilities shall not be required in structures or tenant spaces that serve food or beverages to be consumed with the structure or tenant space with a total occupant load, including both employees and customers of 15 or less.
5. In Section 410.3 Substitution, add the following: Exception: In all use groups except Use Group A, where the occupant load is less than 49, a two-or five-gallon water dispenser or water cooler may be substituted for the required drinking fountain. 6. Amend Section 715, Backwater Valves, Subsection 715.1, Sewage Backflow, by adding the following sentences to the end of that paragraph: All newly constructed one-and two-family dwellings shall have a backwater valve installed to prevent the possibility of sewage backup into the residence. Backwater valves shall be installed with access. 7. Section 903.1 Insert: 12 V) International Property Maintenance Code a) The International Property Maintenance Code/2018, as published by the International Code Council, adopted by section 103-1 is hereby amended by substituting the following sections or portions of Sections for those Sections or portions of Sections with corresponding numbers of the International Property Maintenance Code/2018, or where there is no corresponding Section in the code, the following Sections shall be enacted as additions, changes or alterations to the code: 1. Section 101.1 Insert: The City of Nixa VI) National Fire Protection (NFPA) 70 and the National Electric Code (NEC). a) National Fire Protection (NFPA 70 and National Electric Code (NEC)/2017 as adopted by Section 103-1 shall have no amendments, alterations or changes. VII) International Energy Conservation Code a) The International Energy Conservation Code/2018, as published by the International Code Council, as adopted by section 103-1 is hereby amended by substituting the following sections or portions of Sections for those Sections or portions of Sections with corresponding numbers of the International Energy Code/2018, or where there is no corresponding Section in the code, the following Sections shall be enacted as additions, changes or alterations to the code: 1. Section 101.1 Insert: The City of Nixa 2. Delete Section C109. VIII) International Fuel Gas Code i. The International Fuel Gas Code/2018, including Appendices A, B, C, and D, as published by the International Code Council, as adopted by Section 103-1 is hereby amended by
substituting the following Sections or portions of Sections for those Sections or portions of Sections with corresponding numbers of the International Fuel Gas Code/2018 or where there is no corresponding Section in the code, the following Sections shall be enacted as additions, changes or alterations to the code: 1. Section 101.1 Insert: City of Nixa 2. Delete Section 109 in its entirety. IX) International Fire Code a) The International Fire Code/2018, including Appendices B, C, D, E, F, and G, as published by the International Code Council, as adopted by Section 103-1 is hereby amended by substituting the following Sections or portions of Sections for those Sections or portions of Sections with corresponding numbers of the International Fire Code/2018, or where there is no corresponding Section in the code, the following Sections shall be enacted as additions, changes or alterations to the code: 1. Section 101.1 Insert: City of Nixa. 2. Delete in its entirety Section 108 Board of Appeals. X) Existing Buildings Code a) The International Existing Building Code/2018, including Appendices A and B, as published by the International Code Council, adopted by Section 103-1 is hereby amended by substituting the following Sections or portions of Sections for those Sections or portions of Sections with corresponding numbers of the International Existing Building Code/2018, or where there is no corresponding Section in the code, the following Sections shall be enacted as additions, changes or alterations to the code: 1. Section 101.1 Insert: City of Nixa. Sec. 103-3. - Inspection and enforcement. a) The City Building Department, responsible for inspections, shall have the authority to make inspections and enforce the ICC International Codes and the National Electrical Code as adopted for the city. b) Any appeals, variances, or interpretations must be in accordance with article III of chapter 101 of this Code. (Prior Code, 5-3; Ord. No. 1443, 8-2006) Sec. 103-4. - Finished floor elevation verification policy.
a) To ensure proper placement of a structure, all lots with a minimum finished floor elevations identified on the recorded final plat shall require the submittal of a finished floor elevation certificate upon completion of the basement finished floor and/or garage finished floor and prior to framing of the structure. b) A surveyor registered in the state shall conduct the elevation certification. Results of the survey shall be submitted, stamped and sealed to the development department, verifying compliance with the finished floor elevation for the lot on the city's certification form. (Prior Code, 5-4; Ord. No. 1543, 7-2008) Secs. 103-5 103-26. - Reserved. ARTICLE II. - HOUSING OCCUPANCY CODE INSPECTIONS AND CERTIFICATES Sec. 103-27. - Purpose. The general purpose of this article is to protect the public health, safety, comfort, morals and the general welfare of the people of the city. These general objectives include, among others, the following specific purposes: 1) To protect the character and stability of residential areas within the city. 2) To provide minimum standards for cooking, heating and sanitary equipment necessary to the health and safety of occupants of buildings. 3) To provide facilities for light and ventilation, necessary to health and safety. 4) To prevent additions or alterations to existing dwellings that would be injurious to the life, health, safety or general welfare of the occupants of such dwellings or neighboring properties. 5) To prevent the overcrowding of dwellings by providing minimum space standards per occupant of each dwelling unit. 6) To provide minimum standards for the maintenance of existing residential buildings and to prohibit the spread of slums and blight. 7) To preserve the taxable value of land and buildings throughout the city. (Prior Code, 5-11) Sec. 103-28. - Conflicting provisions. a) This article establishes minimum standards for dwelling units and accessory buildings and does not replace or modify standards otherwise established for the construction,
replacement or repair of buildings except such as are in conflict with the provisions of this article. b) Any inconsistency or conflict between the provisions of this article or any existing ordinance shall not repeal such provision or ordinance; but the provisions of this article shall be cumulative thereto. (Prior Code, 5-12) Sec. 103-29. - Conformance to International Property Maintenance Code required. Every building or its premises used in whole or in part as a home or residence or as an accessory structure thereof, of a single-family or person, and every building used in whole or in part as a home or residence of two or more persons or families, living in separate apartments, shall conform to the requirements of the International Property Maintenance Code, as adopted and amended by the city, irrespective of the class to which such buildings may otherwise belong, and irrespective of when such buildings may have been constructed, altered or repaired. (Prior Code, 5-13) Sec. 103-30. - Inspection authorized; access. The city administrator or his designate is authorized and directed to make inspections to determine whether dwellings, dwelling units, rooming units, accessory structures and premises located within the city conform to the requirements of this article. For the purpose of making such inspections, the city administrator or his designate is authorized to enter, examine and survey at all reasonable times all dwellings, dwelling units, rooming units, accessory structures and premises. The owner or occupant of every dwelling unit, rooming unit, accessory structure and its premises shall give the city administrator or his designate free access thereto at all reasonable times for the purpose of such inspection, examination and survey. (Prior Code, 5-14) Sec. 103-31. - Occupancy permit required; fees. a) It shall be unlawful for any person to occupy or for any owner or agent thereof to permit the occupation of any building, or addition thereto, or part thereof, for any purpose until a certificate of occupancy has been issued by the city administrator or his designate. Every owner, agent or manager of any building, or addition thereto, shall inform the city administrator or his designate whenever any portion of such building or any dwelling unit therein becomes vacant and request an inspection thereof under the provisions of this article. The certificate of occupancy so issued shall state that the occupancy complies with all the provisions of this article. This section shall not apply to any occupancy in existence on March 1, 1994, until vacancy in rental unit occurs. If a rental unit is occupied before a "certificate of occupancy" is issued, an inspection fee
in the amount established by ordinance will be required. If a landlord allows more than one violation, a summons to appear in municipal court will be issued. b) The occupancy permit will be issued for each dwelling unit or building or portion thereof, occupied. It shall be unlawful for any person to knowingly make any false statement in his application for an occupancy permit as to the names, ages, relationship or number of occupants who will occupy the premises. (Prior Code, 5-15; Ord. No. 963, 8-1996) Sec. 103-32. - Inspections and certificates of compliance. If the inspected premises meet city standards, a certificate of compliance shall be issued. The certificate of occupancy shall be valid as long as the unit is occupied by current tenant. The tenant must bring the certificate of occupancy to sign up for utilities. Two copies of the occupancy and the inspection list are left at the site by the inspector. Utilities will not be transferred into tenant's name unless the certificate of occupancy accompanies the request. (Prior Code, 5-16; Ord. No. 963, 8-1996) Sec. 103-33. - Inspection fees. a) A fee in the amount established by ordinance shall be paid to the city and shall accompany each request for inspection of a single-family dwelling. For the purpose of this section, a dwelling unit occupied as a condominium shall be considered a singlefamily dwelling. b) Except as otherwise provided, a fee in the amount established by ordinance for each inspection shall be paid to the city and shall accompany each request for inspection of a dwelling unit in a multifamily dwelling. A penalty fee in the amount established by ordinance will be charged for each rescheduled inspection if an appointment is scheduled and the inspector is unable to get into the unit as scheduled by the applicant. This fee will be charged even if it is the second or third inspection of the year, which doesn't require the payment. (See section 103-31(a) for fee if property is occupied before the certificate of occupancy is issued.) (Prior Code, 5-17; Ord. No. 963, 8-1996) Sec. 103-34. - Procedures for apartment complexes with more than 30 units. a) To facilitate the scheduling and conduct of inspections in compliance with this article, multiple-family complexes with more than 30 rental units under single administrative control may arrange for individual inspections without having to pay for them at the time they are scheduled. These complexes may be billed monthly for inspections conducted during the preceding 30-day period (month). Inspections remaining unpaid for 60 days following the billing will be determined to be delinquent and will be subject to a 1½ percent per month late fee for each month or fraction thereof that the
billing remains unpaid. Complexes which are delinquent in their payments for three consecutive billing periods may, at the discretion of the city administrator or his designate, lose the privilege of monthly billing. b) To aid new residents and to facilitate compliance with this article, multiple-family complexes with more than 100 rental units may collect the occupancy permit fees on behalf of their new tenants. Such fees will be paid to the city no less often than once per month. (Prior Code, 5-18; Ord. No. 963, 8-1996) Sec. 103-35. - Notice of violation. Whenever the city administrator or his designate determines that there are reasonable grounds to believe that there has been a violation of any provision of this article, he shall give notice of such alleged violation to the person responsible therefor which shall: 1) Be in writing. 2) Contain a statement of the reason why it is being issued. 3) Allow a reasonable time for the performance of any act it requires (30 days' maximum). 4) Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this article. 5) Be served upon the owner or his agent, or the occupant, as the case may require. Such notice shall be deemed to be properly served upon such owner or agent, or on any such occupant, if a copy thereof is: a) Served upon him personally; b) Sent by certified mail to his last known address; or c) Posted in a conspicuous place in or about the dwelling affected by the notice. (Prior Code, 5-19) Sec. 103-36. - Designation of dwellings unfit for habitation.
The following may be designated as dwellings or dwelling units unfit for human habitation: 1) One which is so damaged, decayed, dilapidated, unsanitary, unsafe or vermin infested that it creates a serious hazard to the health or safety of the occupants or the public; 2) One which lacks illumination, ventilation or sanitation facilities adequate to protect the health or safety of the occupants or of the public; 3) One which, because of its general condition or location, is unsanitary or otherwise dangerous to the health or safety of the occupants or of the public; or 4) One which does not substantially conform to this article. (Prior Code, 5-20) Sec. 103-37. - Placarding. Any dwelling or dwelling unit which shall be found to have any of the defects set out in this article shall be declared unfit for human habitation and shall be so designated and placarded by the city administrator or his designate when the person responsible has failed to correct the condition set forth in a notice issued. (Prior Code, 5-21) Sec. 103-38. - Removal of placards. No person shall deface or remove the placard from any dwelling or dwelling unit which has been condemned as unfit for human habitation and placarded as such, except as may be provided. (Prior Code, 5-22) Sec. 103-39. - Right of appeal. Any person affected by any notice or order relating to the condemning and placarding of a dwelling or dwelling unit as unfit for human habitation may request and shall be granted a hearing on the matter before the board of adjustment under the procedure set forth in article III of chapter 101 of this Code. (Prior Code, 5-23) Sec. 103-40. - Vacation of building. a) Any dwelling or dwelling unit condemned as unfit for human habitation, and so designated and placarded by the city administrator or his designate, shall be vacated within a reasonable time as ordered by the city administrator or his designate.
b) No dwelling or dwelling unit which has been condemned and placarded as unfit for human habitation shall again be used for human habitation until written approval is secured from, and such placard is removed by the city administrator or his designate. The city administrator or his designate shall remove such placard whenever the defects upon which the condemnation and placarding action were based have been eliminated. (Prior Code, 5-24) Sec. 103-41. - Vacated structures to be made secure. If a structure or part thereof is vacant or unfit for human habitation, occupancy, or use and is not in danger of structural collapse, the city administrator or his designate may post a placard of condemnation on the premises and may order the structure closed up with plywood so as to prevent that structure from becoming a public nuisance. Upon failure of the owner to close up the condemned structure within the time specified in the order, the city administrator or his designate shall cause those premises to be closed up with plywood through any available public agency or by contract or arrangement by private persons, and the cost thereof shall be charged against the real estate upon which the condemned structure is located and shall thereafter become a lien upon that real estate. In addition, any structure, which is ordered to be closed up, shall have at least one No-Trespassing sign posted in a prominent place on each of its outside walls. All closing up with plywood shall be done in accordance with regulations for such work kept on file in the office of the city administrator or his designate. (Prior Code, 5-25) Sec. 103-42. - Remedy of defects. a) The owner of any building shall have 30 days from the issuance of the notice to remedy the condition therein specified; provided, however, that the city administrator or his designate may, at his discretion, extend the time for compliance with any such notice; and provided further, that no owner shall be held responsible for any condition that is not specifically described in such notice. b) The failure of any owner to comply with any order of the city administrator or his designate contained in the notice prescribed by section 103-35 within the time specified shall make such owner subject to the penalties provided for such offense. (Prior Code, 5-26) Sec. 103-43. - Transfer of ownership. a) It shall be unlawful for the owner of any dwelling or dwelling unit upon whom a notice of violation or compliance order has been served to sell, transfer, mortgage, lease or otherwise dispose of the dwelling to another until the provisions of the notice of violation or compliance order have been complied with, or until such owner shall first furnish to the grantee, lessee or mortgagee a true copy of any notice of violation or compliance order issued by the city administrator or his designate. A transferee, lessee, or mortgagee who has received actual or constructive notice of the existence of a
notice of violation or compliance order shall be bound by such notice as of the date of the transfer without further service or notice upon him. b) The owner to whom a dwelling or dwelling unit has been transferred may consent to make repairs which have been required by a notice of violation from the city administrator or his designate, by signing an agreement with the city agreeing to make the repairs required by the violation notice on or before a date as determined by the city administrator or his designate. Upon receipt of such agreement, the city administrator or his designate may issue an occupancy permit to be held by the city until such time as the repairs are completed by the new owner of the dwelling or dwelling unit. The form of this agreement shall contain the following: 1) Identity of the owner. 2) Description and location of the dwelling or dwelling unit. 3) List of all required repairs. 4) The date upon which repairs will be completed. 5) Executed and notarized signatures by both the new owner and the building commissioner. (Prior Code, 5-27) Secs. 103-44 103-74. - Reserved. Section II. All ordinances or portions of ordinances in conflict with this ordinance are hereby repealed. Section III. This ordinance shall be in full force and take effect January 1, 2019. READ TWO (2) TIMES AND PASSED BY THE CITY COUNCIL FOR THE CITY OF NIXA, MISSOURI THIS 22 nd DAY OF OCTOBER 2018. PRESIDING OFFICER ATTEST: CITY CLERK
APPROVED THIS DAY OF NOVEMBER 2018. ATTEST: CITY CLERK MAYOR APPROVED AS TO FORM CITY ATTORNEY
Memorandum To: Mayor City Council From: Travis Cossey Re: Building Code Adoption Date: November 13, 2018 Last month staff introduced the proposed adoption of the 2018 International Building Code (IBC) along with the 2017 National Electric Code (NEC). Building codes are introduced by the two national code administrations every three years, the City of Nixa along with surrounding jurisdictions typically adopt every other code amendment, providing for an update to the building codes every six years. The City of Nixa is currently operating under the 2012 IBC and 2011 NEC. Adopting the new edition of codes will ensure that construction in Nixa is kept at a high standard while having codes in place that accommodate new materials and practices utilized by the building trades industry. Over the course of the past year city staff as facilitated a code review with surrounding jurisdictions. This was done to ensure that surrounding communities and counties provided a package of codes that could be adopted providing a unified set of codes for southwest Missouri. Nixa, working the communities of Ozark, Battlefield, Republic and Christian County have provided a package of codes for your consideration that provides for the needed update while ensuring consistency throughout the area. Staff is recommending approval of the proposed code adoption with an effective date of January 1, 2019 to provide notification time for area builders and contractors. Neighbors committed to an exceptional quality of life www.nixa.com