HomeMy WebLinkAboutOrd.1637.11-07-1994BILL NO. 94-285 ORDINANCE NO. /03
AN ORDINANCE ENACTING A NEW ARTICLE VIII OF
CHAPTER 7 OF THE CITY CODE, ADOPTING A
PROPERTY MAINTENANCE CODE FOR THE CITY OF CAPE
GIRARDEAU, MISSOURI
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
ARTICLE 1. Chapter 7 of the Code of Ordinances of the City of
Cape Girardeau, Missouri, is hereby amended by the enactment of a
new Article VIII, entitled "Property Maintenance Code", in words
and figures, to read as follows, to -wit:
ARTICLE VIII
PROPERTY MAWTENANCE CODE
SEC. 7-301. ADM NISTRATION AND ENFORCEMENT; GENERAL.
(a) Title: These regulations shall be known as the Property
Maintenance Code of City of Cape Girardeau hereinafter referred to as
this code.
(b) Scope: This code is to protect the public health, safety and
welfare in all existing structures, residential and nonresidential,
and on all existing premises by establishing minimum requirements.and
standards for premises, structures, buildings, equipment, and
facilities for light, ventilation, space, heating, sanitation,
protection from the elements, life safety, safety from fire and other
hazards, and for safe and sanitary maintenance; fixing the
responsibility of owners, operators, and occupants; regulating the
occupancy and use of existing structures and premises and providing
for administration, enforcement and penalties.
(c) Intent: This code shall be construed liberally and justly to
insure public health, safety and welfare insofar as they are affected
by the continued use and maintenance of structures and premises.
(d) Referenced standards: The standards referenced in this code
and listed in Appendix A shall be considered part of this code to the
prescribed extent that each such reference shall be used for procedural
purposes only. Where differences occur between provisions of this code
and referenced standards, the provisions of this code shall apply.
Also, individuals affected by this Code shall not be required to
purchase reference manuals listed in Appendix A.
(e) Existing remedies: The provisions in this code shall not be
construed to abolish or impair existing remedies of the jurisdiction or
its officers or agencies relating to the removal or demolition of any
buildings which are dangerous, unsafe, and unsanitary.
(f) Workmanship: All repairs, maintenance work, alterations or
installations which are caused directly or indirectly by the
enforcement of this code shall be executed and installed in a
workmanlike manner.
SEC. 7-302. APPLICATION OF CODES AND REGULATIONS.
(a) Application of other codes: Any repairs or alterations to a
structure, or changes of use therein, shall be done in accordance with
the procedures and provisions of the building, plumbing and mechanical
or fire NFPA 70 codes listed in Appendix A.
(b) Other regulations: The provisions in this code shall not be
construed to prevent the enforcement of other ordinances or regulations
which prescribe standards other than those provided herein. Where
differences occur between provisions of this Code and other ordinances
and regulations which prescribe standards, the provisions of this Code
shall apply.
(c) Enforcement: Enforcement action of this code will commence
upon a signed, written complaint on a prescribed form developed by the
Board of Appeals (see Appendix) and shall be made available to any
person, firm or entity to whom a complaint is directed.
(d) Directly affected: A person is ("directly affected") if (a)
complainant is a current tenant of any rental real estate, or (b) the
_complainant__is__an_invitee or patr_on__of_-any commercial_estab 1ishment,__or_
(c) the complainant resides within a 200 foot radius of any property
which may fall within this code.
(e) Complaints: Any complaint filed under this code shall
include the name and address of the complainant and a brief description
of how the complainant is an affected person under the code. All
complaints, including complainant's name and address, shall be made
available by certified mail to any person, firm or entity to whom a
complaint is directed. Further, this information shall be made
available five (5) working days before an inspection is scheduled by
the Code Official.
SEC. 7-303. APPROVAL.
(a) Approved materials and equipment: All materials, equipment
and devices approved for use by the code official shall be constructed
and installed in accordance with such approval.
(b) Modifications: Where there are practical difficulties
involved in carrying out structural or mechanical provisions of this
code, the Board of Appeals shall be permitted to vary or modify such
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provision upon application of the owner or the owners
representative, provided that the spirit and intent of the law shall be
observed and public welfare and safety assured.
(c) Records: The application for modification and the final
decision of the code official shall be in writing and shall be
officially recorded in the permanent records of the department.
(d) Alternative materials and equipment: The provisions of this
code are not intended to prevent the use of any material or method of
construction not specifically prescribed by this code, provided any
such alternative has been approved. An alternative material or method
of construction shall be approved when the code official finds that the
proposed design is satisfactory and complies with the intent of the
provisions of this code, and that the material, method or work offered
is, for the purpose intended, at least the equivalent of that
prescribed in this code in quality, strength, effectiveness,
fireresistance, durability and safety.
(e) Research and investigations: The code official shall require
that sufficient technical data be submitted to substantiate the
proposed use of any material or assembly, and if it is determined that
the evidence submitted is satisfactory proof of performance for the use
intended, the code official shall approve the use of such material or
assembly subject to the requirements of this code. The cost of all
tests, reports and investigations required under these provisions shall
be paid by the applicant.
SEC. 7-304. DUTIES AND POWERS OF CODE OFFICIAL.
(a) General: The code official shall enforce all the provisions
of this code.
(b) Notices and orders: The code official shall issue all
necessary notices and orders to abate illegal or unsafe conditions to
insure compliance with the requirements of this code for the safety,
health, and general welfare of the public.
(c) Inspections: In order to safeguard the safety, health and
welfare of the public, the code official is authorized to enter any
structure or premises at any reasonable time for the purpose of making
inspections and performing duties under this code, only if the code
official is given authority by the occupant or owner to enter the
structure, or after obtaining a valid search warrant through a court of
competent jurisdiction.
(d) Access by owner or operator:
or premises shall give the owner or
employee, access to any part of such
reasonable times for the purpose
maintenance, repairs, or alterations
the provisions of this code.
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Every occupant of a structure
operator thereof, or agent or
structure or its premises at
of making such inspection,
as are necessary to comply with
(e) Credentials: The code official and authorized
representatives shall carry proper credentials of their respective
office for the purpose of inspecting any and all buildings and
premises in the performance of duties under this code.
(f) Coordination of enforcement: Inspection of premises, the
issuance of notices and orders and enforcement thereof shall be the
responsibility of the code official so charged by the jurisdiction.
Whenever inspections are necessary by any other department, the code
official shall make reasonable effort to arrange for the coordination
of such inspections so as to minimize the number of visits by
inspectors, and to confer with the other departments for the purpose of
eliminating conflicting orders before any are issued. A department
shall not, however, delay the issuance of any emergency orders.
(g) Rule-making authority: The code official with approval of
the City Council shall have powers to adopt and promulgate rules and
regulations to interpret and implement the provisions of this code to
secure the intent thereof and to designate requirements applicable
because of local climatic or other conditions; but such rules shall not
have the effect of waiving working stresses or fire protection
requirements specifically provided in this code or violating an
accepted engineering practice involving public safety.
(h) Relief from personal liability: Any code official, officer
or employee who acts in good faith in the discharge of duties of
enforcement of this code is relieved of all personal liability for any
damage accruing to persons or property as a result of such acts or
alleged failure to act. Further, the code official shall not be held
liable for any costs in any action, suit or proceeding that is
instituted by the code official in the enforcement of this code. In
any of --these actions, the official or -employee shall -be defended- or -
represented by the jurisdiction's attorney-at-law until the final
termination of the proceedings.
(i) official records: An official record shall be kept of all
business and activities of the department specified in the provisions
of this code, and all such records shall be open to public inspection
at all appropriate times and under reasonable regulations to maintain
the integrity and security of such records.
SEC. 7-305. TRANSFER OF OWNERSHIP.
(a) Transfer of ownership: It shall be unlawful for the owner
of any dwelling unit or structure who has received a compliance order
or upon whom a notice of violation has been served to sell, transfer,
mortgage, lease or otherwise dispose of to another until the provisions
of the compliance order or notice of violation have been complied with,
or until such owner shall first furnish the grantee, transferee,
mortgagee or lessee a true copy of any compliance order or notice of
violation issued by the code official and shall furnish to the code
official a signed and notarized statement from the grantee, transferee,
mortgagee or lessee, acknowledging the receipt of such compliance order
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or notice of violation and fully accepting the responsibility without
condition for making the corrections or repairs required by such
compliance order or notice of violation.
SEC. 7-306. VIOLATIONS.
(a) Unlawful acts: It shall be unlawful for any person, firm or
corporation to erect, construct, alter, extend, repair, remove,
demolish, maintain, fail to maintain, provide, fail to provide, use or
occupy, let to another for use or occupy or permit another person to
use or occupy any structure or equipment regulated by this code, or
cause same to be done, contrary to or in conflict with or in violation
of any of the provisions of this code, or to fail to obey a lawful
order of the code official, or to remove or deface a placard or notice
posted under the provisions of this code.
(b) Penalty: Any person, firm or corporation, who shall violate
any provision of this code shall, upon conviction thereof, be subject
to a fine of not less than $25.00 nor more than $500.00 or imprisonment
for a term not 'to exceed 90 days, or both, at the discretion of the
court. Each day that a violation continues after due notice has been
served, in accordance with the terms and provisions hereof, shall be
deemed a separate offense. A person filing a false complaint shall,
upon conviction thereof, be subject to a fine of not less than $25.00
nor more than $500.00, or imprisonment for a term not to exceed 90 days
or both, at the discretion of the court.
(c) Prosecution: In case of any unlawful acts the code official
shall institute an appropriate action or proceeding at law to exact the
_penalty_ provided_ in3ection 7-3.0.6_(b). Also,___the_code_official__shall_
ask the jurisdiction's legal representative to proceed at law or in
equity against the person responsible for the violation .for the
purpose of ordering that person:
1. To restrain, correct or remove the violation or refrain from
any further execution of work;
2. To restrain or correct the erection, installation,
maintenance, repair or alteration of such structure;
3. To require the removal of work in violation, or;
4. To prevent the occupation or use of the structure which is
not in compliance with the provisions of this code.
SEC. 7-307. RIGHT TO APPEAL.
(a) Petition: Any person affected by any notice which has been
issued in connection with the enforcement of any provision of this
code, or of any rule or regulation adopted pursuant thereto, shall have
the right to request and shall be granted a hearing on the matter
before the board; provided that such person shall file, in the office
of the board, a written petition requesting such hearing and containing
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a statement of the grounds therefore within 20 days after the day the
notice was served.
(b) Appeals board: In order to protect existing structures in
the jurisdiction by vigorous enforcement of the provisions of this
code, appeals pertaining to the Minimum Property Code shall be taken to
the Board of Appeals already created pursuant to other provisions of
Chapter 7 of this Code of Ordinances; provided, however, the adoption
of this Minimum Property Code shall add one (1) additional member to
the Board for a total of six (6). This new position on the Board shall
meet all the qualifications for office as the other board members and,
in addition, shall be a rental property owner.
1. vote: The board shall hear all appeals relative to the
enforcement of this code, and by a concurring vote of the
majority of its members shall reverse or affirm wholly or
partly, or modify, the decision appealed from, and shall make
such order or determination as in the opinion of the board
ought to be made. Failure to secure such concurring votes
shall be deemed a confirmation of the decision of the code
official.
2. Financial interest: A member of the board shall not
participate in any hearings or vote on any appeal in which
that member has a direct or indirect financial interest, or
is engaged as a contractor, or is engaged in the preparation
of plans and specifications, or in which that member has any
personal interest.
(c) Records: The secretary of the board shall keep a record of
each meeting so that the record shows clearly the basis for each
decision made by the board.---- --
SEC. 7-308. DEFIN TIONS, GENERAL.
(a) Scope: Unless otherwise expressly stated, the following
terms shall, for the purpose of this code, have the meanings indicated
in this article.
(b) Interchangeability: Words used in the present tense include
the future; words in the masculine gender include the feminine and
neuter; the singular number includes the plural and the plural the
singular.
(c) Terms defined in other codes: Where terms are not defined in
this article and are defined in the building, plumbing or, mechanical
or fire NFPA 70 codes listed in Appendix A, they shall have the same
meanings ascribed to them as in those codes.
(d) Terms not defined: Where terms are not defined, through the
methods authorized by this section, they shall have their ordinarily
accepted meanings such as the context implies.
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(e) Parts: Whenever the words t1 dwelling unit," "dwelling,"
"premises," "building," 10 rooming house," 11 rooming unit," "story," or
11 structure" are used in this code, they shall be construed as though
they were followed by the words, "or any part thereof."
SEC. 7-309. APPLIED MEANING OF WORDS AND TERMS.
Approved: Approved by the code official.
Basement: That portion of a building which is partly or
completely below grade.
Bathroom: A room containing plumbing fixtures including a bathtub
or shower.
Building code: The building code officially adopted by the
legislative body of this jurisdiction, or other such codes officially
designated by the legislative body of the jurisdiction for the
regulation of construction, alteration, addition, repair, removal,
demolition, use, location, occupancy and maintenance of buildings and
structures.
Code official: The official who is charged with the
administration and enforcement of this code, or any duly authorized
representative.
Condemn: To adjudge unfit for use or occupancy.
Dwellings:
Rooming house: A building arranged or used for lodging, with or
without meals, for compensation and not occupied as a one -family
dwelling or a two-family dwelling.
Multiple family dwelling: A building containing more than two
dwelling units and not classified as a one- or two-family dwelling.
Rooming unit: Any room or group of rooms forming a single
habitable unit used or intended to be used for sleeping and/or living,
but not for cooking purposes.
Dormitory: A space in a building where group sleeping
accommodations are provided in one room, or in a series of closely
associated rooms, for persons not members of the same family group.
Hotel: Any building containing six or more guest rooms, intended
or designed to be used, or which are used, rented or hired out to be
occupied, or which are occupied for sleeping purposes by guests.
One -family dwelling: A building containing one dwelling unit with
not more than five lodgers or boarders.
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Two-family dwelling: A building containing two dwelling units
with not more than five lodgers or boarders per family.
Dwelling unit: A single unit providing complete, independent
living facilities for one or more persons, including permanent
provisions for living, sleeping, eating, cooking and sanitation.
Exterior property: The open space on the premises and on
adjoining property under the control of owners or operators of such
premises.
Extermination: The control and elimination of insects, rats or
other pests by eliminating their harborage places; by removing or
making inaccessible materials that serve as their food; by poison
spraying, fumigating, trapping or by any other approved pest
elimination methods.
Family: An individual or married couple and the children thereof
with not more than two other persons related directly to the individual
or married couple by blood or marriage; or a group of not more than
five unrelated persons, living together as a single housekeeping unit
in a dwelling unit.
Garbage: The animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food.
Habitable spacer Space in a structure for living, sleeping,
eating, or cooking. Bathrooms, toilet compartments, closets, halls,
storage or utility spaces, and similar areas are not considered
habitable spaces.
Infestation -The presence; within -or -contiguous --to, a structure
or premises of insects, rats, vermin or other pests.
Let for occupancy or let: To permit possession or occupancy of a
dwelling, dwelling unit, rooming unit, building or structure by a
person who shall be legal owner or not be the legal owner of record
thereof, pursuant to a written or unwritten lease, agreement or
license, or pursuant to a recorded or unrecorded agreement of contract
for the sale of land.
Occupant: Any person living or sleeping in a building; or having
possession of a space within a building.
Openable area: That part of a window or door which is available
for unobstructed ventilation and which opens directly to the outdoors.
Operator: Any person who has charge, care or control of a
structure or premises which is let or offered for occupancy.
Owner: Any person, agent, operator, firm, or corporation having
a legal or equitable interest in the property; or recorded in the
official records of the state, county or municipality as holding title
to the property; or otherwise having control of the property, including
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the guardian of the estate of any such person, and the executor or
administrator of the estate of such person if ordered to take
possession of real property by a court.
Person: An individual, corporation, partnership or any other
group acting as a unit.
Plumbing: The practice, materials, and fixtures used in the
installation, maintenance, extension and alteration of all piping,
fixtures, appliances, and appurtenances within the scope of the
plumbing code listed in Appendix A.
Plumbing fixture: A receptacle or device which is either
permanently or temporarily connected to the water distribution system
of the premises, and demands a supply of water therefrom; or discharges
used water, liquid -borne waste materials, or sewage either directly or
indirectly to the drainage system of the premises; or which requires
both a water supply connection and a discharge to the drainage system
of the premises.
Premises: A lot, plot or parcel of land including the buildings
or structures thereon.
Public nuisance: Includes the following:
1. The physical condition, or use of any premises regarded as a
public nuisance at common law; or
2. Any physical condition, use or occupancy of any premises or
its appurtenances considered an attractive nuisance to
children, including but not limited to, abandoned wells,
shafts, basements,-- excavations---- and unsafe feces or
strut ures; or- - n --- --- - - --
3. Any premises which has unsanitary sewerage or plumbing
facilities; or
4. Any premises designated as unsafe for human habitation or
use; or
5. Any premises which is manifestly capable of being a fire
hazard, or are manifestly unsafe or unsecure as to endanger
life, limb or property; or
6. Any premises from which the plumbing, heating and/or
facilities required by this code have been removed, or from
which utilities have been disconnected, destroyed, removed or
rendered ineffective, or the required precautions against
trespassers have not been provided; or
7. Any premises which is unsanitary, or which is littered with
rubbish or garbage, or which has a uncontrolled growth of
weeds; or
8. Any structure or building that is in a state of dilapidation,
deterioration or decay; faulty construction; overcrowded;
open, vacant or abandoned; damaged by fire to the extent so
as not to provide shelter, in danger of collapse or failure
and dangerous to anyone on or near the premises.
9.
Rubbish: Combustible and noncombustible waste materials, except
garbage, and the term, shall include the residue from the burning of
wood, coal, coke, and other combustible materials, paper, rags,
cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard
trimmings, tin cans, metals, mineral matter, glass, crockery and dust
and other similar materials.
Structure: That which is built or constructed, including without
limitation because of enumeration, buildings for any occupancy or use
whatsoever, fences, signs, billboards, fire escapes, chute escapes,
railings, water tanks, towers, open grade steps, sidewalks or
stairways, tents or anything erected and framed of component parts
which is fastened, anchored or rests on a permanent foundation or on
the ground.
Toilet room: A room containing a water closet or urinal but not
a bathtub or shower.
Ventilation: The natural or mechanical process of supplying
conditioned or unconditioned air to, or removing such air from, any
space.
Workmanlike: Executed in a skilled manner; e.g., generally plumb,
level, square, in line, undamaged, and without marring adjacent work.
Yard: An open space on the same lot with a building.
SEC. 7-310. GENERAL REQUIREMENTS.
_(_a) Scope The provisions_ of _ this article shall__ govern_ the
minimum conditions and standards for maintenance of structures and
exterior property.
(b) Responsibility: The owner of the premises, or the tenant
where a written lease so indicates, shall maintain the structures and
exterior property in compliance with these requirements. A person
shall not occupy as owner -occupant or permit another person to occupy
or use premises which do not comply with the requirements of this
article.
(c) Vacant structures and land: All vacant structures and
premises thereof or vacant land shall be maintained in a clean, safe,
secure, and sanitary condition as provided herein so as not to cause a
blighting problem or adversely affect the public health or safety.
SEC. 7-311. EXTERIOR PROPERTY AREAS.
(a) Sanitation: All exterior property and premises shall be
maintained clean, safe, sanitary and free from any accumulation of
rubbish or garbage.
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(b) Grading and drainage: All premises shall be graded and
maintained to prevent the accumulation of stagnant water thereon, or
within any structure located thereon.
Exception: Water retention areas and/or reservoirs approved by
the City of Cape Girardeau.
(c) Sidewalks and driveways: All sidewalks, walkways, driveways,
parking spaces and similar areas shall be kept in a proper state of
repair, and maintained free of hazardous conditions. Stairs shall
comply with the requirements of Section 7-312(j).
(d) Rat harborage: All structures and exterior property shall be
kept free from rat infestation. Where rats are found, they shall be
promptly exterminated by approved processes which will not be injurious
to human health. After extermination, proper precautions shall be
taken to prevent reinfestation.
(e) Exhaust vents: Pipes, ducts, conductors, fans, or blowers
shall not discharge gases, steam, vapor, hot air, grease, smoke, odors
or other gaseous or particulate wastes directly upon abutting or
adjacent public or private property or that of another tenant.
(f) Accessory structures: All accessory structures, including
detached garages, fences and walls, shall be maintained structurally
sound and in good repair.
(g) Motor vehicles: Except as provided in other regulations, not
more than one currently unregistered and/or uninspected motor vehicle
shall be parked, kept or stored on any property and no vehicle shall at
any time be in a state of major disassembly, disrepair, or in the
process of -being stripped -or dismantled, unless there is-a_valid title
showingownership of such vehicle by the occupants.
Exception: A vehicle of any type is permitted to undergo major
overhaul, including body work, provided such work is performed
inside a structure.
SEC. 7-312. EXTERIOR STRUCTURE.
(a) General: The exterior of a structure shall be maintained in
good repair, structurally sound and sanitary so as not to pose a threat
to the public health, safety or welfare.
(b) Street numbers: Each building to which a street number has
been assigned shall have such number displayed in a position easily
observed and readable from the public right-of-way. All numbers shall
be in arabic numerals at least 4 inches (102 mm) high and 1/2 -inch
(13 mm) stroke for residential structures and 6 inches (154 mm) high
for commercial structures.
11.
(c) Structural members: All structural members shall be
maintained free of deterioration, and capable of safely bearing the
imposed dead and live loads.
(d) Foundation walls: All foundation walls shall be maintained
free from open cracks and breaks and shall be kept in such condition so
as to prevent the entry of rats.
(e) Exterior walls: All exterior walls shall be free of holes,
breaks, loose or rotting materials; and maintained weatherproof and
properly surface -coated where required to prevent deterioration.
(f) Roofs and drainage: The roof and flashing shall be sound,
tight, and not have defects which might admit rain. Roof drainage
shall be adequate to prevent dampness or deterioration in the walls or
interior portion of the building. Roof water shall not be discharged
in a manner that creates a public nuisance.
(g) Decorative features: All cornices, belt courses, corbels,
terra cotta trim, wall facings and similar decorative features shall be
maintained in good repair with proper anchorage and in safe condition.
(h) overhang extensions: All canopies, marquees, signs, metal
awnings, stairways, fire escapes, standpipes, exhaust ducts and similar
overhang extensions shall be maintained in good repair and be properly
anchored so as to be kept in a safe and sound condition. When
required, all exposed surfaces of metal or wood shall be protected from
the elements and against decay or rust by periodic application of
weather -coating materials, such as paint or similar surface treatment.
(i) Chimneys and towers: All chimneys, cooling towers, smoke
stacks, and similar appurtenances shall -be main tained--structural-ly- --
safe, sound, and in good repair. All exposed surfaces of metal or wood
shall be protected from the elements and against decay or rust by
periodic application or weather -coating materials, such as paint or
similar surface treatment.
(j) Handrails and guardrails: Every flight of stairs which is
more than four risers high shall have a handrail on at least one side
of the stair, and every open portion of a stair, landing or balcony
which is more than 30 inches (762 mm) above the floor or grade below
shall have guardrails. Handrails shall not be less than 30 inches (762
mm) nor more than 42 inches (1067 mm) high, measured vertically above
the nosing of the treads. Guardrails shall not be less than 30 inches
(762 mm) high above the floor of the landing or balcony. Every
handrail and guardrail shall be firmly fastened and capable of bearing
normally imposed loads and shall be maintained in good condition.
(k) Window and door frames: Every window, door and frame shall
be kept in sound condition, good repair and weather -tight.
1. Glazing: All glazing materials shall be maintained free of
cracks and holes.
12.
2. openable windows: Every window, other than a fixed window,
shall be easily openable and capable of being held in
position.
(1) Insect screens: During the period from May 1 to October 1
every door, window and other outside opening used or required for
ventilation purposes serving any building containing habitable rooms,
food preparation areas, food service areas, or any areas where products
used in food for human consumption are processed, manufactured,
packaged or stored, shall be supplied with approved tightly fitting
screens of not less than 16 mesh per inch. If a building is not
designed to have screen doors or screens on windows as herein stated,
then said building shall not be required to have screens in place. If
a building is designed to have screen doors or screens on windows, then
said building shall fall under the requirements of this code.
(m) Doors: All exterior doors and hardware shall be maintained
in good condition. Locks at all entrances to dwelling units, rooming
units and guest rooms shall tightly secure the door.
(n) Basement hatchways: Every basement hatchway shall be
maintained to prevent the entrance of rats.
SEC. 7-313. INTERIOR STRUCTURE.
(a) General: The interior of a structure and equipment therein
shall be maintained in good repair, structurally sound and in a
sanitary condition.
(b) Structural members: The supporting structural members of
every building shall be maintained structurally sound, and capable of
carrying the imposed loads.
(c) Interior surfaces: All interior surfaces, including windows
and doors, shall be maintained in good, clean and sanitary condition.
Peeling paint, cracked or loose plaster, decayed wood, and other
defective surface conditions shall be corrected.
(d) Lead-based paint: Interior and exterior painted surfaces of
dwellings, child and day care facilities, including fences and
outbuildings, that have surfaces deteriorating, chipping or flaking,
and contain in excess of 0.06 percent lead by weight shall be removed
or covered in an approved manner. Any surface to be covered shall
first be marked with warnings as to the lead content of such surface.
(e) Accumulation of rubbish or garbage: The interior of every
structure shall be free from any accumulation of rubbish, or garbage.
(f) Insect and rat harborage: All structures shall be kept free
from insect and rat infestation. All structures in which insects or
rats are found shall be promptly exterminated by approved processes
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that will not be injurious to human health. After extermination,
proper precautions shall be taken to prevent reinfestation.
(g) Stairs and railings: All interior stairs and railings shall
be maintained in sound condition and good repair.
(h) Handrails and guardrails: Every flight of stairs which is
more than four risers high shall have a handrail on at least one side
of the stair, and every open portion of a stair, landing or balcony
which is more than 30 inches (762 mm) above the flood or grade below
shall have guardrails. Handrails shall not be less than 30 inches (762
mm) nor more than 42 inches (1067 mm) high, measured vertically above
the nosing of the tread or above the floor of the landing or balcony.
Guardrails shall be not less than 30 inches (762 mm) high above the
floor of the landing or balcony. Every handrail and guardrail shall be
firmly fastened and capable of bearing normally imposed loads and shall
be maintained in good condition.
SEC. 7-314. LIGHT, VENTILATION AND OCCUPANCY LEVIITATIONS;
GENERAL.
(a) Scope: The provisions of this article shall govern the
minimum conditions and standards for the light, ventilation and space
for the occupancy of a structure.
(b) Responsibility: The owner of the structure, or the tenant
where a written lease so indicates, shall provide and maintain light,
ventilation and space conditions in compliance with these requirements.
A person shall not occupy as owner -occupant, or permit another person
- --to--occupy-or--use-any-premises-that-do-not--comply-with-the-requirements--- --
of this article.
(c) Alternative devices: In lieu of the means for natural light
and ventilation herein prescribed, artificial light or mechanical
ventilation shall be permitted when complying with the building code
listed in Appendix A.
SEC• 7-315. LIGHT•
(a) Habitable spaces: Every habitable space shall have at least
one window of approved size facing directly to the outdoors or to a
court. The minimum total window area, measured between stops, for
every habitable space shall be 4 percent of the floor area of such
room, except in kitchens when artificial light is provided in
accordance with the provisions of the building code listed in Appendix
A. Wherever walls or other portions of a structure face a window of
any room and such obstructions are located less than 3 feet (914 mm)
from the window and extend to a level above that of the ceiling of the
room, such window shall not be deemed to face directly to the outdoors
nor to a court and shall not be included as contributing to the
required minimum total window area for the room.
14.
(b) Common halls and stairways: Every common hall and stairway,
other than in one- and two-family dwellings, shall be lighted at all
times with at least a 60 watt standard incandescent light bulb or
equivalent for each 200 square feet (18.60 mZ) of floor area, provided
that the spacing between lights shall not be greater than 30 feet (9144
mm). Every exterior stairway shall be illuminated with a minimum of
one foot candle (10.76 lux) at floors, landing and treads.
(c) Other spaces: All other spaces shall be provided with
natural or artificial light sufficient to permit the maintenance of
sanitary conditions, and the safe use of the space and the appliances,
equipment and fixtures.
SEC. 7-316. VENTILATION.
(a) Habitable spaces: Every habitable space shall have at least
one openable window. The total openable area of the window in every
room shall be equal to at least 45 percent of the minimum glazed area
required in Section 7-315(a).
(b) Bathrooms and toilet rooms: Every bathroom and toilet room
shall comply with the ventilation requirements for habitable spaces as
required by Section 7-315(a), except that a window shall not be
required in spaces equipped with a mechanical ventilation system that
complies with the following:
1. Air exhausted by a mechanical ventilation system from a
bathroom within a dwelling unit shall be exhausted to the
exterior and shall not be recirculated to any space,
--including-the -space___from which --such- air --is- withdrawn -.-
2. Air exhausted by a mechanical ventilation system from all
other bathrooms or toilet rooms shall be exhausted to the
exterior without recirculation to any space or not more than
85 percent of the exhaust air shall be recirculated where the
system is provided effective absorption and filtering
equipment complying with the mechanical code listed in
Appendix A.
(c) Cooking facilities: Unless approved through the certificate
of occupancy, cooking shall not be permitted in any rooming unit or
dormitory unit, and a cooking facility or appliance shall not be
permitted to be present in a rooming unit or dormitory unit.
(d) Process ventilation: Where injurious, toxic, irritating or
noxious fumes, gases, dust, or mists are generated, a local exhaust
ventilation system shall be provided to remove the contaminating agent
at the source. Air shall be exhausted to the exterior and not be
recirculated to any space.
(e) Clothes dryer exhaust: Clothes dryer venting systems shall
be independent of all other systems and shall be vented in accordance
with the manufacturer's recommendations.
15.
SEC. 7-317. OCCUPANCY LEMATIONS.
(a) Privacy: Dwelling units, hotel units, rooming units and
dormitory units shall be arranged to provide privacy and be separate
from other adjoining spaces.
(b) Access from sleeping rooms: Sleeping rooms shall not be used
as the only means of access to other sleeping rooms or habitable
spaces.
Exception: Dwelling units that contain fewer than two bedrooms.
(c) Area for sleeping purposes: Every room occupied for sleeping
purposes by one occupant shall contain at least 70 square feet (6.51 m2)
of floor area, and every room occupied for sleeping purposes by more
than one person shall contain at least 50 square feet (4.65 m2) of floor
area for each occupant thereof.
(d) overcrowding: Dwelling units shall not be occupied by more
occupants than permitted by the minimum occupancy area requirements as
per City of Cape Girardeau Zoning Ordinance.
(e) Prohibited use: Kitchens, nonhabitable spaces and interior
public areas shall not be used for sleeping purposes.
(f) Minimum room widths: A habitable room, other than a kitchen,
shall not be less than 7 feet (2133 mm) in any plan dimension.
Kitchens shall have a clear passageway of not less than 3 feet (914 mm)
between counterfronts and appliances or counterfronts and walls.
_ (g) ood_preparation_: All spaces. to_ be used for food_ preparation
__
shall contain suitable space and equipment to store, prepare and serve
foods in a sanitary manner. There shall be adequate facilities and
services for the sanitary disposal of food wastes and refuse, including
facilities for temporary storage.
SEC. 7-315. PLUMBING FACILITIES AND FIXTURE REQUIREMENTS;
GENERAL.
(a) Scope: The provisions of this article shall govern the
minimum plumbing facilities and plumbing fixtures to be provided.
(b) Responsibility: The owner of the structure, or the tenant
where a lease so indicates, shall provide and maintain such plumbing
facilities and plumbing fixtures in compliance with these requirements.
A person shall not occupy as owner -occupant or permit another person to
occupy or use any structure or portion thereof or premises which does
not comply with the requirements of this article.
16.
SEC. 7-319. REQUIREDFACILITIES.
IES.
(a) Dwelling units: Every dwelling unit shall contain its own
bathtub or shower, lavatory, water closet and kitchen sink which shall
be maintained in a sanitary, safe working condition. The lavatory
shall be placed in the same room as the water closet or located in
close proximity to the door leading directly into the room in which
such water closet is located.
(b) Rooming houses: At least one water closet, lavatory and
bathtub or shower shall be supplied for each four rooming units.
(c) Hotels: Where private water closets, lavatories, and baths
are not provided, one water closet, one lavatory and one bathtub or
shower accessible from a public hallway shall be provided for each ten
occupants.
(d) Employees facilities: Employees shall have a minimum of one
water closet, one lavatory and one drinking facility available for use.
1. Drinking facilities: Drinking facilities shall be a drinking
fountain, water cooler, bottled water cooler, or disposable
cups next to a sink or water dispenser.. Drinking facilities
shall not be located in toilet rooms or bathrooms.
SEC. 7-320. TOILET ROOMS.
(a) Privacy: Toilet rooms and bathrooms shall provide privacy
and shall not be used as the only passageway to a hall or other space,
-
-or- the --exterior-�i--
--- - ---- ---- --- - - --- -- --- -- - -- - -- --- -
(b) Location: Toilet rooms and bathrooms serving hotel units,
rooming units, or dormitory units, shall be accessible by traversing
not more than one flight of stairs and be accessible from a common hall
or passageway.
(c) Location of employee toilet facilities: Toilet facilities
shall be accessible within the employees' regular working area. The
path of travel to the facilities shall not exceed a travel distance of
500 feet (152 m) or traverse more than one flight of stairs. Employee
facilities shall either be separate facilities or public customer
facilities.
Exception: Facilities required for employees in storage buildings
or kiosks located in adjacent buildings under the same ownership,
lease, or control, shall be a maximum distance of travel of 500 feet
(152 m) from the employees' regular working area to the facilities.
17.
SEC. 7-321. PLUMBING FIXTURES.
(a) General: All plumbing fixtures shall be properly installed
and maintained in working order and shall be kept free from
obstructions, leaks and defects and capable of performing the function
for which such plumbing fixtures are designed. All plumbing fixtures
shall be maintained in a safe, sanitary and usable condition.
(b) Fixture clearances: Plumbing fixtures shall have adequate
clearances for use and cleaning.
SEC. 7-322. WATER SYSTEM.
(a) General: Every sink, lavatory, bathtub or shower, drinking
fountain, water closet or other plumbing fixture shall be properly
connected to either a public water system or to a private water system.
All kitchen sinks, lavatories, laundry facilities, bathtubs and showers
shall be supplied with hot or tempered and cold running water.
(b) Contamination: The water supply shall be maintained free
from contamination and all water inlets for plumbing fixtures shall be
located above the flood level rim of the fixture. Shampoo basin
faucets, janitor sink faucets, and other hose bibs or faucets to which
hoses are attached and left in place, shall be protected by an approved
atmospheric type vacuum breaker or an approved permanently attached
hose connection vacuum breaker.
(c) Supply: The water supply system shall be installed and
maintained to provide a supply of water to plumbing fixtures, devices,
-- --
----and- appurtenances- in-- suff-ic-ient volume -and--at- -pressures-- adequate- -to----- --
enable the fixtures to function properly, safely, and free of defects
and leaks.
(d) Water heating facilities: Water heating facilities shall be
properly installed, maintained, and capable of providing an adequate
amount of water to be drawn at every required sink, lavatory, bathtub,
shower and laundry facility at a temperature of not less than 110
degrees F. (43 degrees C.). A gas -burning water heater shall not be
located in any bathroom, bedroom or other occupied room normally kept
closed, unless adequate combustion air is provided. An approved
combination temperature and pressure relief valve and relief valve
discharge pipe shall be properly installed and maintained on water
heaters.
SEC. 7-323. SANITARY DRAINAGE SYSTEM.
(a) General: All plumbing fixtures shall be properly connected
to either a public sewer system or to an private sewage disposal
system.
18.
(b) Maintenance: Every plumbing stack, vent, waste and sewer
line shall function properly and be kept free from obstructions, leaks
and defects.
SEC. 7-324. STORM DRAINAGE.
(a) General: Drainage of roofs and paved areas, yards and
courts, and other open areas on the premises shall not be discharged in
a manner that creates a public nuisance.
SEC. 7-325. MECHANICAL AND ELECTRICAL REQUIREMENTS;
GENERAL.
(a) Scope: The provisions of this article shall govern the
minimum mechanical and electrical facilities and equipment to be
provided.
(b) Responsibility: The owner of the structure, or the tenant
where a lease so indicates, shall provide and maintain mechanical and
electrical facilities and equipment in compliance with these
requirements. A person shall not occupy as owner -occupant or permit
another person to occupy, or use any premises which does not comply with
the requirements of this article.
SEC. 7-326. HEATING FACILITIES.
__ ____(_a) -Resident ial_buiIdingss _-Every__ dwelling_ shall -be provided with
heating facilities capable of maintaining a room temperature of 65
degrees F. (18 degrees C.) at a level of 3 feet (914 mm) above the
floor and a distance of 3 feet (914 mm) from the exterior walls in all
habitable rooms, bathrooms and toilet rooms based on the outside design
temperature required for the locality by the mechanical code listed in
Appendix A.
Every owner and operator of any building who rents, leases or
lets one or more dwelling unit, rooming unit, dormitory or guest room
on terms, and agrees to furnish heat to the occupants thereof shall
supply sufficient heat during the period from October 1 to May 15 to
maintain a room temperature of not less than 65 degrees F. (18 degrees
C.) in all habitable rooms, bathrooms and toilet rooms during the hours
between 6:30 a.m. and 10:30 p.m. of each day and not less than 60
degrees F. (16 degrees C.) during other hours. The temperature shall
be measured at a point 3 feet (914 mm) above the floor and 3 feet (914
mm) from the exterior walls. When the outdoor temperature is below the
outdoor design temperature required for the locality by the mechanical
code listed in Appendix A, the owner or operator shall not be required
to maintain the minimum room temperatures, provided the heating system
is operating at full capacity, with supply valves and dampers in full
open position.
19.
(b) Nonresidential structures: Every enclosed occupied work
space shall be supplied with sufficient heat during the period from
October 1 to May 15 to maintain a temperature of not less than 65
degrees F. (18 degrees C.) during all working hours. The temperature
shall be measured at a point 3 feet (914 mm) above the floor and 3 feet
(914 mm) from the exterior walls.
Exceptions
1. Processing, storage and operation areas that require cooling
or special temperature conditions.
2. Areas in which persons are primarily engaged in vigorous
physical activities.
(c) Cooking and heating equipment: All cooking and heating
equipment, components, and accessories in every heating, cooking, and
water heating device shall be properly installed and maintained free
from leaks and obstructions.
(d) Mechanical equipment: All mechanical equipment shall be
properly installed and maintained in safe working. condition, and
capable of performing the intended function.
1. Flue: All fuel -burning equipment and appliances shall be
connected to an approved chimney or vent.
Exception: Fuel -burning equipment and appliances that are
labeled for unvented operation.
2. Clearances: All required clearance to combustible materials
shall be maintained.
3-. --Safety - controls: - - All - safety - controls _ for fuel-burning-
equipment
uel=burningequipment shall be maintained in effective operation.
4. Combustion air: A supply of air for complete combustion of
the fuel and for ventilation of the space shall be provided
for the fuel -burning equipment.
5. Energy conservation devices: Devices purporting to reduce
fuel consumption by attachment to a fuel appliance, to the
fuel supply line thereto, or the vent outlet or vent piping
therefrom shall not be used unless labeled for such use and
the installation is specifically approved.
(e) Fireplaces: Fireplaces and solid fuel -burning appliances
shall be properly installed and maintained in a safe working condition.
SEI,. 7-327. / . ELECTRICAL FACILITIES.
IES.
(a) Facilities required: Every building used for human occupancy
shall be provided with an electrical system in compliance with the
requirements of sections 7-327(a)(1) through 7-317(b).
20.
1. Receptacles: Every habitable space in a dwelling shall
contain at least two separate and remote receptacle outlets.
Every laundry area shall contain at least one grounded type
receptacle. Every bathroom shall contain at least one
receptacle.
2. Lighting fixtures: Every public hall, interior stairway,
water closet compartment, bathroom, laundry room and furnace
room shall contain at least one electric lighting fixture.
3. service: The size and usage of appliances and equipment
shall be used as a basis for determining the need for
additional facilities in accordance with NFiPA 70 listed in
Appendix A. Every dwelling shall be served by a main service
which is not less than 60 ampere, three wire.
(b) Installation: All electrical equipment, wiring and
appliances shall be properly installed and maintained in a safe and
approved manner.
(c) Electrical system hazards: Where it is found that the
electrical system in a structure constitutes a hazard to the occupants
or the structure by reason of inadequate service, improper fusing,
insufficient outlets, improper wiring or installation, deterioration or
damage, or for similar reasons, the code official shall require the
defects to be corrected to eliminate the hazard.
SEC. 7-328. ELEVATORS, ESCALATORS AND DUMBWAITERS.
__-(a)_ General _ Elevators,___ dumbwaiters,and _escalators _shall _ be______
maintained to safely sustain imposed loads, to operate properly, and to
be free of physical and fire hazards.
(b) Elevators: In buildings equipped with passenger elevators,
at least one elevator shall be maintained in operation at all times
when the building is occupied.
Exception: Buildings equipped with only one elevator shall be
permitted to have the elevator temporarily out of service for testing
or servicing.
SEC. 7-329. FIRE SAFETY REQUIREMENTS; GENERAL.
(a) Scope: The provisions of this article shall govern the
minimum conditions and standards for fire safety relating the
structures and exterior premises, including fire safety facilities and
equipment to be provided.
(b) Responsibility: The owner of the premises, or the tenant
where a written lease so indicates, shall provide and maintain such
21.
fire safety facilities and equipment in compliance with these
requirements and the fire prevention code listed in Appendix A. A
person shall not occupy as owner -occupant or permit another person to
occupy or use any premises that do not comply with the requirements of
this article.
SEC. 7-330. MEANS OF EGRESS.
(a) General: A safe, continuous and unobstructed means of egress
shall be provided from the interior of a structure to a public way.
(b) Looked doors: All doors in the required means of egress
shall be readily openable from the inner side without the use of keys,
except as provided in the building code listed in Appendix A. Exits
from dwelling units, rooming units, guest rooms, and dormitory units
shall not lead through other such units, or through toilet rooms or
bathrooms.
(c) Exit signs: All means of egress shall be indicated with
approved exit signs where required by the building code listed in
Appendix A. All exit signs shall be maintained visible and all
illuminated exit signs shall be illuminated at all times that the
building is occupied.
(d) Number of exits: In nonresidential buildings, every story
used for human occupancy more than six stories above grade shall be
provided not less than two independent exits. In residential buildings
every story exceeding two stories above grade shall be provided not
less than two independent exits. In stories where more than one exit
is -required, all occupantsshall have _access toat_ _least two _exits.
_
Every story used for human occupancy totally below grade greater than
2,000 square feet shall be provided not less than two independent
exits.
Exceptions: A single exit is acceptable under any one of the
following conditions:
1. Where the building is equipped throughout with an automatic
fire suppression system and an automatic fire alarm system
with smoke detectors located in all corridors, lobbies and
common areas, or;
2. Where the building is provided with an automatic fire alarm
system and the exit is a smokeproof enclosure or pressurized
stairway, or;
3. Where an existing fire escape conforming to the building code
listed in Appendix A is provided in addition to the single
exit.
4. In stories that require only one exit in accordance with the
requirements of the building code listed in Appendix A.
5. In buildings of Use Group R-3.
22.
(e) Exit capacity: The capacity of the exits serving a floor
shall be sufficient for the occupant load thereof as determined by the
building code listed in Appendix A.
(f) Corridor enclosure: All corridors serving an occupant load
of greater than 30 and openings therein shall provide an effective
smoke barrier. All transoms, louvers, doors and other openings shall
be closed or shall be self-closing.
Exception: Corridors which are in compliance with the building
code listed in Appendix A.
(g) Dead-end travel distance: All corridors which serve more
than one exit shall provide direct connection to such exits. The
length of a dead-end corridor shall not exceed 35 feet (10668 mm) where
the building is not equipped throughout with an automatic fire
suppression system. The dead-end travel distance limitation shall be
increased to 70 feet (21336 mm) where the building is equipped
throughout with an automatic fire suppression system.
(h) Emergency escape: Every sleeping room located in a basement
shall have at least one openable window or exterior door approved for
emergency egress or rescue; or shall have access to not less than two
approved independent exits.
Exception: Buildings equipped throughout with a complete
automatic fire suppression system.
(i) Aisles: In all mercantile occupancies, aisleways shall have
a minimum unobstructed clearance of 44 inches (1118 mm) where serving
an occupant load of greater than 50, and 36 inches (914 mm) where
-serving--an-occupant load- of- not greater than -50-.-
(j) Information signs: A sign shall be provided at each floor
landing in all interior stairways more than three stories above grade,
designating the floor level above the floor of discharge. All elevator
lobby call stations on all floor levels in buildings more than 75 feet
(22860 mm) above the lowest level of fire department access shall be
marked with approved signs reading as follows: 11Use Stairways in Case
of Fire -- Do Not Use Elevators."
SEC. 7-331. ACCUMULATI®NS AND STORAGE.
(a) Accumulations: Rubbish, garbage or other materials shall not
be stored or allowed to accumulate in stairways, passageways, doors,
windows, fire escapes, or other means of egress.
(b) Hazardous material: Combustibles, flammable, explosive or
other hazardous material, such as paints, volatile oils and cleaning
fluids, or combustible rubbish, such as waste paper, boxes and rags,
shall not be accumulated or stored unless such storage complies with
the applicable requirements of the building code and the fire
prevention code listed in Appendix A.
23.
SEC. 7-332. FIRERESISTANCE RATINGS.
(a) General: The fireresistance rating of floors, walls,
ceilings, and other elements and components shall be maintained.
(b) Maintenance: All required fireresistance rated doors or
smoke barriers shall be maintained in good working order, including all
hardware necessary for the proper operation thereof. The use of door
stops, wedges and other unapproved hold -open devices is prohibited.
SEC. 7-333. FIRE PROTECTION SYSTEMS.
(a) General: All systems, devices and equipment to detect a
fire, actuate an alarm, or suppress or control a fire or any
combination thereof shall be maintained in proper operating condition
at all times.
(b) Fire suppression system: Fire suppression systems shall be
maintained in good condition and free from mechanical injury.
Sprinkler heads shall by maintained clean, free of corrosion, paint,
and damage.
(c) Standpipe systems: Hose connections shall be identified and
accessible. The hose shall be in proper position, ready for operation,
dry, and free of deterioration.
(d) Fire extinguishers: All portable fire extinguishers shall be
visible, accessible, and shall be maintained in an efficient and safe
- - -operating-condition-:---- - -
(e) Smoke detectors: All residential occupancies shall be
provided with a minimum of one approved single -station smoke detector
in the sleeping area, guest room or suite of a hotel, motel, lodging
house, boarding house or dwelling unit. The detectors shall be located
in accordance with the building code listed in Appendix A. When
actuated, the smoke detector shall provide an alarm suitable to warn
the occupants within the individual room or unit.
1. Tampering: Anyone tampering or interfering with the
effectiveness of a smoke detector shall be in violation of
this code.
SEC. 7-334. RESPONSIBILITIES OF PERSONS; GENERAL.
(a) Scope: The provisions of this article shall govern the
responsibilities of persons for the maintenance of structures,
equipment, and exterior property.
24.
SEC. 7-335. SANITARY CONDITION.
(a) Cleanliness: Every occupant of a structure shall keep that
part of the structure and exterior property which such occupant
occupies, controls, or uses in a clean and sanitary condition. Every
owner of a structure containing a rooming house, a hotel, a dormitory,
two or more dwelling units, or two or more nonresidential occupancies
shall maintain, in a clean and sanitary condition, the shared or public
areas of the structure and exterior property.
(b) Disposal of rubbish: Every occupant of a structure shall
dispose of all rubbish in a clean and sanitary manner by placing such
rubbish in approved containers, and in accordance with Chapter 22 of
the Code of Ordinances of the City of Cape Girardeau.
(c) Disposal of garbage: Every occupant of a structure shall
dispose of garbage in a clean and sanitary manner by placing such
garbage in an approved garbage disposal facility or approved garbage
containers, and in accordance with Chapter 22 of the Code of Ordinances
of the City of Cape Girardeau.
SEC. 7-336. EXTERMINATION.
(a) owner: The owner of any structure shall be responsible for
extermination within the structure prior to renting or leasing the
structure, if there is observable infestation.
(b) occupant: The occupant of any structure shall be responsible
for the continued ratproof condition of the structure, and if the
- - - occupant---fai-l-s -to-- maintain ---the r-atproof---- condition,- --the— cost --of-
extermination shall be the responsibility of the occupant.
(c) single occupancy: The occupant of a structure containing a
single dwelling unit or of a single nonresidential structure shall be
responsible for the extermination of any insects, rats, or other pests
on the premises.
(d) Multiple occupancy: The owner of a structure containing two
or more dwelling units, a multiple occupancy, a rooming house, or
nonresidential structure shall be responsible for the extermination of
any insects, rats or other pests in the public or shared areas of the
structure and exterior property. When infestation is caused by failure
of an occupant to prevent such infestation in the area occupied, the
occupants shall be responsible for extermination.
SEC. 7-337. HAZARD ABATEMENT IN EXISTING BUILDINGS; GENERAL.
(a) scope: The provisions of this article are intended to
provide a reasonable degree of. safety to persons occupying existing
buildings that do not conform to the minimum requirements of the
25.
building code listed in Appendix A by requiring alterations to such
existing buildings as provided for in this article.
(b) Application of other codes: All alterations to an existing
building which are caused directly or indirectly by the enforcement of
this code shall be done in accordance with the applicable procedures
and provisions of the building code, plumbing code, mechanical code and
NFiPA 70 listed in Appendix A.
(c) Continued maintenance: All service equipment, means of
egress devices and safeguards which are required by this article or
which were required by a previous statute or another code in a building
or structure when erected, altered or repaired shall be maintained in
good working order. The requirements of this article are not intended
to provide the basis for removal or abrogation of fire protection and
safety systems and devices in existing buildings. These requirements
are intended to require existing buildings that do not comply with
these provisions to be altered to provide a minimum level of safety as
required herein.
(d) Alternative methods and systems: . The provisions of this
article are not intended to exclude the acceptance and approval of
alternative methods and systems where such alterative methods and
systems provide equivalent safety to the occupants of the existing
buildings.
(e) Responsibility: The owner of the existing building or
structure shall provide and maintain such facilities, equipment and
systems in compliance with these requirements and the fire prevention
code listed in Appendix A.
SEC. 7-338. ELEVATOR RECALL.
(a) Required: All elevators having a travel distance of 25 feet
(7620 mm) or more above or below the primary level of elevator access
for emergency firefighting or rescue for emergency firefighting or
rescue personnel shall conform to the requirements of Rule 211.3 of
ASME A17.1 listed in Appendix A.
SEC. 7-339. MECHANICAL EQUIPMENT CONTROL.
(a) smoke and heat detection: Each recirculating air or exhaust
system serving more than one floor in buildings that exceed six stories
in height shall be equipped with approved smoke and heat detection
devices in accordance with the mechanical code listed in Appendix A.
The devices shall stop the fan(s) automatically and shall be of the
manual reset type. Automatic fan shutdown is not required when the
system is part of an approved smoke removal or control system.
26.
ARTICLE 2. 'If any section, subsection, sentence, clause, phrase
or portion of this ordinance is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct and .independent provision and such
holding shall not affect the validity of the remaining portions hereof.
ARTICLE 3. This code shall not affect violations of any other
ordinance, code or regulation existing prior to the effective date
hereof, and any such violation shall be governed and shall continue to
be enforced to the full extent of the law under the provisions of those
ordinances, codes or regulations in effect at the time the violation
was committed.
ARTICLE 4. It is the intention of the governing body and it is
hereby ordained by the provisions of this ordinance shall become and be
made a part of the Code of Ordinances of the City of Cape Girardeau,
Missouri, and the sections of this Code may be renumbered to accomplish
such intention.
ARTICLE 5. This ordinance shall'be in full force and effect ten
days after its passage and approval.
PASSED AND APPROVED THIS
A' , , 19
27.
APPENDIX A
REFERENCED STANDARDS
The following is a list of the standards referenced in this code, the effective date of the standard, the
promulgating agency of the standard and the section(s) of this code that refer to the standard.
AS M E American Society of Mechanical Engineers
345 East 47th Street
New York, New York 10017
Standard Referenced
reference Title in code
number Section number
A17.7 -- 87 Safety Code for Elevators and Escalators ............... PM -901.
BOCA Building Officials and Code Administrators
4051 West Flossmoor Road
Country Club Hills, Illinois 60478-5795
Standard Referenced
reference Title in code
number Section number
NBC -- 90 ROCA National Building Code ..................... PM -
102. 1
PM -200.3, PM -400.3, PM -401.1, PM -701.2, PM701.3,
- --- - - - - ---- -- - -- --- - -PM=701-.41 PM -701.5-1- PM=701�6-, PM -702.21 -PM -704.5, - - - -
PM -900.1, PM -900.2
NMC -- 90 BOCA National Mechanical Code .................... PM -102.1
PM -200.3, PM -402.2, PM -601.1, PM -900.2, PM -902.1
NPC -- 90 BOCA National Plumbing Code ..................... PM -102.1
PM -200.3, PM -201.0, PM -900.2
NFPC--90 BOCA National Fire Prevention Code PM -700.2
PM -702.21 PM -900.5
N FI PA National Fire Protection Association
Batterymarch Park
Quincy, Massachusetts 02269
Standard Referenced
reference Title in code
number Section number
70-90 National Electric Code .... .................... PM -602.1.3
PM -900.2
28.