On the agenda: Webster Groves meeting — Flock Camera (Oct 20)
⚠ Agenda Watch Webster Groves, Missouri · Tuesday, October 20, 2026 — in 3 days
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The published agenda for this October 20 meeting contains: "Flock Camera". This is the public record BEFORE the vote — read the document, then show up. Public comment is where cancellations start.
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“Raise Hand” option, during the Regular Meeting, via email or U.S. mail. Written
comments will not be read aloud at the meetings. All speakers will be allowed three
minutes. Instructions on listening through phone or computer to the meetings are
available at www.webstergrovesmo.gov/568/Virtual-Meeting-Instructions.
CITY OF WEBSTER GROVES
COUNCIL WORK SESSION AGENDA
DATE: TUESDAY – OCTOBER 20, 2026
6:30 P.M.
LOCATION-CITY HALL
#4 E. LOCKWOOD AVENUE
IN-PERSON
AND VIRTUALLY
1. BOARD/COMMISSION INTERVIEWS
2. REVIEW REGULAR AGENDA
3. MAYOR/COUNCIL/CITY MANAGER ISSUES/MEETING UPDATES
4. TOPICS
•
•
City Manager Residency Resolution Discussion
Planning Update
5. APPOINTMENTS TO BOARDS/COMMISSIONS
6. EXECUTIVE (CLOSED SESSION)
RE: 1. ATTORNEY-CLIENT PRIVILEGED COMMUNICATIONS
[MO. STATUTE 610.021 (1)]
2. REAL ESTATE [MO. STATUTE 610.021 (2)]
3. PERSONNEL [MO. STATUTE 610.021 (3)]
4. NEGOTIATED CONTRACT [MO. STATUTE 610.021 (12)]
7. ADJOURNMENT
CITY OF WEBSTER GROVES
CITY COUNCIL MEETING
DATE: TUESDAY – OCTOBER 20, 2026
7:30 P.M.
LOCATION-CITY HALL-#4 E. LOCKWOOD
IN-PERSON AND VIRTUALLY
Please note, residents can share comments in-person, virtually via Zoom, using the “Raise
Hand” option, via email or U.S. mail. Written comments will not be read aloud at the meetings.
All speakers will be allowed three minutes. Instructions on listening through phone/computer
to meetings available at www.webstergrovesmo.gov/virtualmeetings.
Welcome to the regular meeting of the City Council. We welcome questions, ideas and
comments from persons in attendance. Members of the audience may, however, comment only
when recognized by the Mayor or Mayor ProTem if the Mayor is absent. We ask that comments
be limited to three minutes in order to complete the agenda within a reasonable
time. Comments concerning items not on the agenda should be made during the Remarks
from the Community and Visitors section of the agenda, near the beginning of the meeting.
I.
ROLL CALL
II.
PUBLIC HEARING
1. REZONING – 306 W. Lockwood Avenue: An Application by T.J. Redman on behalf of
WGRE Holdings, LLC for a change of zoning from “D” Commercial to a “PC” Planned
Commercial District, on an approximately 26,501 square feet tract of land, located at
306 W. Lockwood Avenue
•
Bill #9320 – First & Second Reading – An Ordinance Changing the Zoning from “D”
Commercial to “PC” Planned Commercial District and Approving a Preliminary
Development Plan at 306 W. Lockwood Avenue, on an Approximately 0.65 Acre Tract
of Land and Matters Related Thereto
III.
REMARKS FROM THE COMMUNITY AND VISITORS
IV.
NEW BUSINESS - MAYOR, COUNCILMEMBERS, CITY ATTORNEY, CITY
MANAGER
•
V.
Appointment of Provisional Judge Felica Ezell-Gillespie
UNFINISHED BUSINESS
1. Bill #9319 – Third Reading – An Ordinance Levying the Cost of Abating
Certain Nuisances (Cut/Trim, Remove Trash and Debris, Remove Trees, Dump
Fees, Board Up, etc.) as Special Tax Bills Against the Properties Hereinafter
Described and Constituting Levies as Liens on the Respective Properties
VI.
NEW BUSINESS
1. Flock Cameras – Informational Update
2. Bill #9321 – First & Second Reading – An Ordinance Amending Part III, (Public
Safety) and Part IV (Public Health) of the Revised Code of Ordinances of the City of
Webster Groves, Missouri, and Providing for the Adoption of the 2021 International
Code Council’s (ICC) Family of I-Codes and the 2020 National Electrical Code (NEC);
Adopting all Appendices and Standards That are Referenced or a Part of these
Technical Codes as Applicable to the City of Webster Groves, Missouri; and Providing
Specific Interim Adoption and Amendment of the 2027 IFC Lithium-Ion Battery
Provisions
3. Bill #9322 – First & Second Reading – An Ordinance Amending Chapter 30
(“Housing”) of the Code of Ordinances of the City of Webster Groves by Repealing
Article IV and Enacting a New Article IV Entitled “Universal Occupancy Permits and
Rental Property Registration Program” to Standardize Life Safety Procedures and
Preserve the City’s Housing Stock
4. Bill #9323 – First & Second Reading – An Ordinance Amending the Code of
Ordinances of the City of Webster Groves, MO, by Repealing Article V of Chapter 30
in Its Entirety, Concerning Dangerous Buildings, and Enacting in Lieu Thereof a New
Article V Within Chapter 30, Titled “Dangerous Buildings and Structure Code”
5. Bill #9324 – First & Second Reading – An Ordinance Amending Chapter 31, Article
II of the Code of Ordinances of the City of Webster Groves Regarding the Abatement
of Weeds, Vegetation, Brush, Debris, Rubbish, and Trash
6. Bill #9325 – First & Second Reading – An Ordinance of the City of Webster Groves,
Missouri, Amending the Municipal Code to Remove Specific Monetary Fee Amounts
Associated with the Department of Planning & Development and the Department of
Public Works; Providing for the Establishment of such fees by Resolution of the City
Council; Preserving all Underlying Permit, Application, Review, Inspection, Approval,
and Other Regulatory Requirements; and Providing an Effective Date
7. Bill #9326 – First & Second Reading – An Ordinance Amending Part I, Section 1.060
of the Code of Ordinances of the City of Webster Groves, Missouri, Entitled “General
Penalties, Limits, Continuing Violations, and Exceptions,” to Clarify the Penalties for
Violations of the Code and to Conform Them to Sections 479.350 through 479.372
RSMO
VII.
APPROVAL OF CONSENT AGENDA
1. Approval of Minutes - October 6, 2026
2. Resolution #2026-104 - Authorizing the City Manager to Purchase a Replacement
Compact Utility Loader for the Parks Department
3. Resolution #2026-105 - Authorizing the City Manager to Purchase CivicRec
Software Annual Licenses
4. Resolution #2026-106 – Authorizing the City Manager to Enter into a Contract for
Yearly Hosting of the Tyler Content Manager
5. Resolution #2026-107 – Authorizing the City Manager to Make the Annual Payment
to Axon Enterprise Inc., for Police In-Car Vehicle Cameras/Maintenance for the
Police Department
VIII.
APPOINTMENTS TO BOARDS AND COMMISSIONS
IX.
EXECUTIVE (CLOSED SESSION)
RE: 1. ATTORNEY-CLIENT PRIVILEGED COMMUNICATIONS
[MO. STATUTE 610.021 (1)]
2. REAL ESTATE [MO. STATUTE 610.021 (2)]
3. PERSONNEL [MO. STATUTE 610.021 (3)]
4. NEGOTIATED CONTRACT [MO. STATUTE 610.021 (12)]
X.
ADJOURNMENT
Individuals who require an accommodation (sign language, interpreter, listening
devices, etc.) to participate in the meeting should contact the City Clerk at 314-963-5318
(fax number 314-963-7561) or Relay Missouri at 1-800-735-2966 (TDD) at least two
working days prior to the meeting.
NEXT REGULAR MEETING DATE: TUESDAY, NOVEMBER 3, 2026
BILL # 9320
ORDINANCE # 9320
AN ORDINANCE CHANGING THE ZONING FROM “D” COMMERCIAL DISTRICT
TO “PC” PLANNED COMMERCIAL DISTRICT AND APPROVING A PRELIMINARY
DEVELOPMENT PLAN AT 306 W. LOCKWOOD AVENUE, ON AN
APPROXIMATELY 0.65 ACRE TRACT OF LAND AND MATTERS RELATED
THERETO
WHEREAS, T.J. Redmond on behalf of WGRE Holdings, LLC (the “Applicants”) have
applied for change in the zoning of a property located 306 W. Lockwood Avenue from a “D”
Commercial District to “PC” Planned Commercial District (the “Application”); and
WHEREAS, the Planned Commercial District is intended to provide for modern shopping
and office centers of integrated design while allowing for certain designated mixed uses within the
district; and
WHEREAS, Chapter 53 of the Code of Webster Groves, particularly Section 53.282
allows for uses to be requested from the “C” and “D” Commercial District regulations for the
establishment of a “PC” Planned Commercial District; and
WHEREAS, the Application was referred to the City Plan Commission, which, after
studying the Application and the recommendation of the Director of Planning and Development,
and holding a public hearing on October 5, 2026, has recommended approval of the requested
change of zoning from “D” Commercial District to “PC” Planned Commercial District and the
Preliminary Development Plan subject to certain conditions; and
WHEREAS, the City Council gave due notice and held a public hearing on the Application
at City Hall on October 20, 2026 at 7:30 p.m., where the Council heard and considered comments
and suggestions by those present; and
WHEREAS, the City Council wishes to restrict future development in a manner consistent
with the restrictions imposed by the Preliminary Development Plan, as amended herein, and by
restricting the permitted and conditional uses on the Property so as to make the proposed uses as
compatible with the surrounding retail, office, and residential uses as possible; and
WHEREAS, the permitted and conditional uses in the “C” or “D” Commercial Districts
may be permitted or further restricted in “PC” Districts pursuant to Section 53.282 of the Zoning
Code; and
WHEREAS, the City Council has determined that all procedures were complied with for
granting a rezoning and approving the Preliminary Development Plan and that the requested “PC”
Planned Commercial District will provide for mixed use, modern shopping and office centers of
integrated design and is compatible with the surrounding area, and, therefore, finds it in the best
interest of the City to approve such rezoning and Preliminary Development Plan;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
WEBSTER GROVES:
1
Section 1.
The Zoning District regulations and the City’s official District Map
affecting the property at 306 W. Lockwood Avenue are hereby amended by rezoning the property
from “D” Commercial District to “PC” Planned Commercial District allowing those uses set forth
below, and by approving the Preliminary Development Plan submitted by the Applicant and
attached hereto as Exhibit A, as amended herein to reflect the following terms and conditions:
1.
All provisions of the Code of Webster Groves shall apply except as expressly
modified in this Ordinance No.________.
2.
The permitted uses for the “PC” Planned Commercial District shall be limited as
follows:
a.
Multiple Family Dwelling for up to twenty-one (21) dwelling units
b.
Accessory parking
c.
Animal Grooming
d.
Appliance Repair
e.
Art Gallery
f.
Art Studio
g.
Bakery, retail
h.
Bicycle sales and repair shop
i.
Coffee Shop, no drive-thru
j.
Commercial Service Facility
k.
Drug Store and Pharmacy, no drive-thru
l.
Office for the conduct of any lawful business or professional pursuit
m. Painting and decorating shop
n.
Personal Services
o.
Restaurant, no drive-thru
p.
Retail Sales establishment, no drive-thru
3.
A minimum of five thousand (5,000) square feet shall be provided for permitted
commercial uses.
4.
The total site coverage, by structures, in the “PC” planned commercial district shall
not exceed 85% of the lot.
5.
Every use shall be so operated in compliance with the Performance Standards of
the “D” commercial district.
6.
The height of all structures shall not exceed four (4) stories and fifty-six feet and
six inches (56’-6”) with exceptions for architectural elements to be approved by the
Architectural Review Board. Architectural Review Board approval shall be no
higher than sixty-seven (67’) feet.
7.
There shall be a fifteen (15) feet side yard setback along the south property line.
8.
There shall be a zero (0) feet front yard setback along W. Lockwood Avenue and
Jefferson Road.
2
9.
There shall be a nine (9) feet rear yard setback along the west property line, of
which a stairwell may encroach all the way to the property line with a notarized
maintenance agreement from the owners of 330 W. Lockwood Avenue.
10.
A total minimum of sixty-five (65) off-street parking spaces shall be required.
Below grade level shall have a minimum of forty-two (42) dedicated residential
spaces. Ground level shall have a minimum of twenty-three (23) spaces dedicated
to commercial patrons, staff, and residential guests.
11.
A minimum of four (4) bicycle parking spaces should be established, in accordance
with the city’s bicycle parking facility design standards.
12.
Signage: All signage shall follow Chapter 54 Sign Code. Any requested sign
package shall follow Section 54.103.
13.
Lighting, Retaining Walls, & Mechanical Systems:
a.
A lighting plan shall be reviewed with the Final Development Plan approval
and meet all lighting requirements in the Building Code.
b.
Retaining walls necessary to elevate a neighboring property above finished
grade shall be reviewed with the Final Development Plan approval.
c.
Mechanical systems shall be screened from street view or ground level on
all four (4) sides of the property and reviewed with the Final Development
Plan.
14.
Opportunities for recycling shall be provided in the development.
15.
Any restrictive gates or similar devices, either temporary or permanent, shall
always be accessible by the Fire Department. Any padlock must utilize a Knox key
(Knox lock). Any restrictive gates or similar devices shall only be permitted after
the review and approval of the Fire Chief.
16.
Additional fire hydrants, sprinklers, standpipes, Knox boxes and Knox locks shall
be installed throughout the site, at the direction of the Fire Chief.
17.
The Fire Department shall have full access to the building during all phases of
construction.
18.
Any driveways or entrances/exits and canopies shall be able to accommodate the
Webster Groves Fire Department ambulance and other emergency vehicles.
19.
All curb cuts and driveway approaches shall be to City standards and meet ADA
requirements.
20.
Landscaping shall be provided and maintained with a Final Landscaping Plan in
accordance with city standards.
3
21.
The Landscape Plan shall provide and maintain a visual planting buffer along the
south property line.
22.
A traffic study shall be provided and reviewed with the Final Development Plan.
Section 2.
This Ordinance shall not be printed in the Code of Webster Groves.
Section 3.
This Ordinance shall become effective immediately upon passage and
approval.
Passed and approved this _____ day of _______________ 2026.
_____________________________
Mayor
ATTEST:
____________________________
City Clerk
4
BILL #9319
ORDINANCE #9319
AN ORDINANCE LEVYING THE COST OF ABATING CERTAIN
NUISANCES (CUT/TRIM, REMOVE TRASH AND DEBRIS, REMOVE
TREES, DUMP FEES, BOARD UP, ETC.)
AS SPECIAL TAX BILLS AGAINST THE PROPERTIES HEREINAFTER
DESCRIBED AND CONSTITUTING LEVIES AS LIENS ON THE
RESPECTIVE PROPERTIES
WHEREAS, the City Manager, in compliance with Chapter 31 (the Comprehensive
Nuisance Ordinance) and/or Chapter 30 (Existing Structures Code) of the Code of the City of
Webster Groves, did properly cause the abatement of certain violations and nuisances by removing
the growth of grass/weeds, dead trees, debris, and other dangerous conditions, by and through
contracts with:
GS Landscaping & Lawn Care LLC
5339 Chapelford Lane
St. Louis, MO 63119
Lawn Groomers, Inc.
1909 Gravois Road
High Ridge, MO 63049
Woodard Cleaning & Restoration
9490 Watson Rd.
St. Louis, MO 63126
on the premises described herein; and
WHEREAS, Chapters 30 and 31 of the Code of Webster Groves require the City Council
to assess against each lot concerned a special assessment equivalent to the expense incurred in
removing such nuisances for the benefit of each lot concerned and the safety and general welfare
of the community; and
WHEREAS, after due notice to each individual property owner, the City Manager has
certified such expense to the City Council, showing the lot and block numbers and dates on which
the removal and/or abatement of the violations and/or nuisances occurred and the names and
addresses of each respective owner, if known.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
WEBSTER GROVES AS FOLLOWS:
Section 1: There is hereby assessed against each of the following described lots a special
assessment in the amount shown opposite each lot, which is the sum equivalent to the expense
1
incurred by the City of Webster Groves in removing and abating each of the violations and
nuisances, and the City Clerk is directed to issue a special tax bill in the amount of the expenses
for each respective lot benefitted.
Section 2: The aforesaid special tax bills shall be due and payable thirty (30) days after
their issuance by the City Clerk, shall bear interest at the rate of eight percent (8%) per annum
from and after thirty (30) days after issuance, and shall be a lien against each respective lot against
which they are issued until paid.
Section 3: The City Manager is hereby authorized to enforce the collection of each lien
and charge recording and releasing fees, as provided by law, and the City may also forward all
necessary information and documents to the Collector of Revenue of St. Louis County, Missouri,
so as to have each special tax bill added to the real property tax rolls as provided by law.
Section 4: This ordinance shall not be printed in the Code of Webster Groves.
Section 5: This ordinance shall be in full force and effect from and after its passage and
approval as provided by law.
Passed and approved this ____ day of _____________, 2026.
____________________________________
MAYOR
ATTEST:
___________________________________
CITY CLERK
2
EXHIBIT A
INTERNATIONAL BUILDING CODE
MODIFICATIONS, ADDITIONS, INSERTIONS AND CHANGES TO THE
2021 INTERNATIONAL BUILDING CODE
ADOPTED BY THE WEBSTER GROVES CITY COUNCIL
Section 101.4 Referenced Codes is amended by the addition of Subsection 101.4.8 to read as
follows:
101.4.8 Electrical. The provisions of NFPA 70, 2020 National Electrical Code shall apply
to matters governing electrical systems.
Section 105.2 Work Exempt From Permit, Building is amended by its deletion and
replacement as follows:
Building:
1. One-story detached accessory structures used as tool and storage sheds, playhouses and
similar uses, provided the floor area is not greater than 120 square feet and the height
does not exceed 10 feet.
2. [Reserved]
3. [Reserved]
4. Retaining walls that are not over three (3) feet (914.4 mm) in height measured from the
bottom of the footing to the top of the wall, unless supporting a surcharge or
impounding Class I, II or IIIA liquids.
5. Water tanks supported directly on grade if the capacity is not greater than one thousand
(1,000) gallons (1,892 L) and the ratio of height to diameter or width is not greater than
2:1 when not located in a flood hazard area.
6. Flat work including but not limited to sidewalks, patios, parking lots, or driveways that
are less than four hundred (400) square feet in area, and not in the City right-of-way.
Exception. Any flat work or moving of soil that is a) within four (4) feet of a property
line; or b) that would permanently divert one drainage area to another drainage area; or
c) that would deposit mud or harmful silt or create erosion or damage adjoining
properties; or d) that would block or affect an existing swale or drainage path in a
manner to cause damming and ponding shall require a permit.
7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work that
does not involve the removing of wall board such as gypsum board.
8. Temporary motion picture, television and theater stage sets and scenery.
9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than
24 inches (610 mm) deep, are not greater than 5,000 gallons (18 925 L) and are installed
entirely above ground.
10. Shade cloth structures constructed for nursery or agricultural purposes, not including
service systems.
11. Swings and other playground equipment accessory to detached one- and two-family
dwellings that are less than two hundred (200) square feet in area and less than twelve
(12) feet high.
12. In non-Historic Districts, window awnings in Group R-3 and U occupancies, supported
by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior
wall and do not require additional support.
13. Non-fixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9
inches (1753 mm) in height.
Section 105.2 Work Exempt From Permit, Plumbing is amended by the addition of Item “3”
as follows:
3. Replacement of toilets and sinks; provided that if any concealed trap, drainpipe, water,
soil, waste or vent pipe becomes defective and it becomes necessary to remove and
replace the same with new material, such work shall be considered as new work and a
permit shall be obtained and inspection made as provided in this code.
Section 105.3 Application for Permit is amended by the addition of Items “8” as follows:
8. Be accompanied by a Boundary Survey unless waived or modified by the Building
Commissioner.
Section 105.5 Expiration is amended by its deletion and replacement as follows:
105.5 Expiration.
Every permit issued shall become invalid unless the work authorized by such permit is
commenced within one hundred eighty (180) days after its issuance, or if the work
authorized by such permit is suspended or abandoned for a period of one hundred eighty
(180) days after the work is commenced. For purposes of determining suspension or
abandonment, the applicable period shall be measured from the date of permit issuance or
the date of the last approved inspection, whichever is later.
The Building Commissioner is authorized to grant, in writing, extensions of time for
periods of not more than ninety (90) days each. The extension shall be requested in writing
and justifiable cause demonstrated. No more than two (2) extensions shall be granted under
this section after which re-application shall be required.
Commercial Building Permits shall expire eighteen (18) months from the date of issuance.
The Building Commissioner is authorized to grant, in writing, one or more extensions of
time, for periods not more than ninety (90) days each. The extension shall be requested in
writing and justifiable cause demonstrated. No more than two (2) extensions shall be
granted under this section after which re-application shall be required.
Section 105 Permits is amended by the addition of Subsection 105.8 to read as follows:
105.8 Outstanding Obligations and Violations.
The Building Commissioner shall not issue a permit to any applicant, as defined under
107.3, who has outstanding taxes, fees, bills, debts, utility charges, liens, judgements or
other monetary obligations owed to the City of Webster Groves that are delinquent or
otherwise unresolved.
The Building Commissioner is further authorized to withhold permit issuance where the
applicant or subject property has unresolved code violations, stop work orders, pending
enforcement actions, pending litigation, or unresolved judgments before a court or tribunal
of competent jurisdiction arising from violations of the City Code, prior permit activity,
nuisance abatement, unsafe conditions, or enforcement of municipal regulations, until such
matters are resolved to the satisfaction of the City Manager or the City Manager’s designee.
Section 107.1 General is amended by the addition of Subsection 107.1.1 and 107.1.2 as
follows:
107.1.1 Professionally Prepared Plan.
Construction documents shall be prepared, signed, sealed, and dated by a registered design
professional where required by the laws of the State of Missouri, including, but not limited
to, Chapter 327, RSMo. Where Missouri law does not require preparation by a registered
design professional, the Building Commissioner may require construction documents
prepared by a registered design professional when necessary to establish compliance with
this code or to demonstrate that the proposed work is structurally sound and otherwise
conforms to applicable laws and regulations.
Exceptions:
1. Where not otherwise required by Missouri law, the Building Commissioner may
waive the requirement for construction documents prepared by a registered design
professional for commercial or industrial projects affecting less than 1,000 square
feet.
2. The Building Commissioner may waive the requirement for filing construction
documents or issuing a permit when the work involved is of a minor nature, as
authorized by this code.
107.1.2 Application of Seals.
When construction documents are submitted, the application of seals and signatures on
those documents shall be required as follows:
1. All construction documents submitted with an application for a building permit shall
bear an original embossed or wet ink seal and original signature on the front sheet of
each discipline within each set of construction documents; or
2. The registered design professional for each discipline shall place his original seal and
signature upon the cover sheet of each set of construction documents.
All other sheets of the construction documents, other than specifications or
calculations, shall bear the original embossed, wet ink or mechanically reproduced seal
of the registered design professional. Any addenda or modifications submitted for
changes to the construction documents shall also bear an original seal and signature by
the registered design professional. Such changes shall be clearly indicated.
3. When submitting plans electronically, a unique, verifiable digital signature under the
sole control of the Architect or Engineer recognized by a certificate authority that is
cryptographically secured must be utilized by the registered design professional.
Section 107.2.6 Site Plan is amended by its deletion and replacement as follows:
107.2.6 Boundary Survey.
The construction documents submitted with the application for permit shall be
accompanied by a boundary survey drawn to a standard engineer’s or architect’s scale
showing the size and location of proposed construction and existing structures on the site,
distances from lot lines, easements, the established street grades and the proposed finished
grades, and such other information as may be required by the Building Commissioner to
determine compliance with this code and other applicable laws and ordinances, and, as
applicable, flood hazard areas, floodways, and design flood elevations; and it shall be
drawn in accordance with an accurate boundary line survey.
In the case of demolition, the boundary survey plan shall show construction to be
demolished and the location and size of existing structures and construction that are to
remain on the site or plot.
The Building Commissioner is further authorized to waive or modify the requirements of
this section where the application for permit is for alteration or repair, or where otherwise
warranted.
Section 109.4 Work Commencing Before Permit Issuance is amended by deletion and
replacement, as follows:
109.4 Work Commencing Before Permit Issuance.
Any person who commences work for which a permit is required by this Code before
obtaining such permit shall be subject to an Investigation Fee as set forth in Section 109.4.1,
in addition to all required permit fees. Payment of such fees shall not relieve any person
from full compliance with all requirements of this Code, nor from any other penalties
prescribed herein.
109.4.1 Investigation Fee for Work Commenced Without a Permit.
Whenever work for which a permit is required by this Code has been commenced without
first obtaining said permit, a special investigation shall be conducted before any permit
may be issued for such work. An investigation fee shall be assessed and collected in
addition to the permit fee, and shall be due whether or not a permit is subsequently issued.
The investigation fee shall not exceed the amount of the permit fee that would otherwise
be required by this Code.
Section 109.6 Refunds is amended by its deletion.
Section 110.3 Required Inspections is amended by the addition of Section 110.3.13 et seq.
110.3.13 Electrical Inspections and Testing.
The Building Commissioner, upon notification, shall make the following required
sequential electrical inspections:
110.3.13.1 Evaluation and Follow-Up Service.
Prior to the approval of a prefabricated construction assembly having concealed electrical
work, the Building Commissioner shall require an approved evaluation report indicating
complete details of the electrical system.
110.3.13.2 Underground Inspections.
Underground inspection shall be made after trenches or ditches are excavated and bedded,
piping and conductors are installed, and before backfill is put in place.
Section 113 Board of Appeals is amended by deletion in its entirety and replacement as
follows:
Section 113 Means of Appeal/Board of Appeals.
113.1 General
In order to hear and decide appeals of orders, decisions or determinations made by the
Building Commissioner or any employee, agent, or designee authorized to administer or
enforce this code or any technical code adopted by the City of Webster Groves, including
but not limited to the International Fire Code, International Mechanical Code, International
Plumbing Code, and all other ICC codes and appendices as locally adopted, there shall be
and is hereby created a Board of Appeals. The Building Commissioner shall be an ex
officio member of said Board but shall not have a vote on any matter before the Board. The
Board of Appeals shall be appointed by the governing body and shall hold office at its
pleasure.
The board shall adopt rules of procedure for conducting its business, and shall render
decisions and findings in writing to the appellant with a duplicate copy to the Building
Commissioner.
113.2 Qualifications.
The board of appeals shall consist of members who are qualified by experience and training
to pass judgement on matters pertaining to building construction and are not employees of
the jurisdiction. If no Board of Appeals has been appointed, the Board of Appeals shall be
the duly appointed members of the Board of Adjustment as referenced in the Code of
Webster Groves as provided for in Section 53.300 et seq. of the Code of Webster Groves.
113.3 Meetings.
Meetings of the Board shall be held at the call of the Chairman and at such other times as
the Board may determine. Such Chairman, or in his absence the acting chairman, may
administer oaths and compel the attendance of witnesses. All meetings of the Board shall
be open to the public. The Board shall keep minutes of its proceedings, showing the vote
of each member upon each question, or if absent or failing to vote, indicating such fact,
and shall keep records of its examinations and other official actions, all of which shall be
immediately filed in the office of the Board and shall be a public record. All testimony,
objections thereto and rulings thereon shall be taken down by a reporter employed by the
board for the purpose.
113.4 Limitations on Authority.
An application for appeal shall be based on a claim that the true intent of this code or the
rules legally adopted thereunder have been incorrectly interpreted, the provisions of this
code do not fully apply, or an equally good or better form of construction is proposed. The
board shall not have authority to waive requirements of this code. The board may solicit
expert testimony to provide assistance in rendering a decision.
113.5 Appeals.
Appeals to the Board on any matter over which the Board is herein specifically granted
jurisdiction may be taken by any person aggrieved, or by any officer, department, board or
bureau of the City of Webster Groves affected by any decision of the Building
Commissioner. Such appeal shall be taken within thirty (30) days of such decision, by filing
with Building Commissioner and with the Board a notice of appeal specifying the grounds
thereof, and by paying a filing fee to the Building Commissioner at the time the notice is
filed in accordance with the fee schedule as established by City Council.
The Building Commissioner shall forthwith pay over said fee to the Director of Finance to
the credit of the General Revenue Fund of the City of Webster Groves, provided that,
should the Board of Adjustment find the decision of the Building Commissioner to have
been the result of an error in any order, requirement, decision or determination by him,
then and in such event the fee hereinabove provided shall be promptly refunded to the
applicant. The Building Commissioner shall forthwith transmit to the Board all papers
constituting the record upon which the action appealed is taken.
113.6 Stay Pending Appeal.
An appeal stays all proceedings in furtherance of the action appealed from, unless the
Building Commissioner certifies to the Board after the notice of appeal shall have been
filed with him that by reason of facts stated in the certificate a stay would, in his opinion,
cause immediate peril to life or property. In such cases, proceedings shall not be stayed
otherwise than by a restraining order which may be granted by the Board, or by a court of
record, on application or notice to the Building Commissioner and on due cause shown.
113.7 Time and Notice Requirements for Appeal.
The Board shall fix a reasonable time for the hearing of an appeal, give public notice
thereof, as well as due notice to the applicant, and decide the same within a reasonable
time. Public notice shall consist of one (1) publication at least five (5) days in advance of
the hearing, in a paper having a general circulation in the City and conspicuously posted
upon the property involved informing of the appeal and the time and place of the hearing.
At the hearing, any party may appear in person, or by agent, or by attorney.
113.8 Permissible Actions of Board.
In exercising the above-mentioned powers, the Board may, in conformity with the
provisions of this Code, reverse or affirm, wholly or partly, or may modify the order,
requirement, decision or determination appealed from and may make such order,
requirement, decision or determination as ought to be made, and to that end shall have all
the powers of the officer from whom the appeal is taken.
113.9 Findings of Fact.
Every change granted or denied by the Board shall be accompanied by a written finding of
fact specifying the reason for granting or denying the appeal.
113.10 Administration.
The Building Commissioner shall take immediate action in accordance with the decision
of the board.
113.11 Necessary Majority Required.
The concurring vote of four (4) members of the Board shall be necessary to reverse any
order, requirement, decision or determination of the Building Commissioner; or to decide
in favor of the applicant on any matter upon which it is required to pass under this Code.
113.12 Appeals of Board Decisions.
Any person or persons jointly or severally aggrieved by any decision of the Board of
Adjustment, or any officer, department, board or bureau of the City, may present to the
Circuit Court of St. Louis County, Missouri, a petition, duly verified, setting forth that such
decision is illegal, in whole or in part, and specifying the grounds of illegality. Such petition
shall be presented to the court within thirty (30) days after the filing of the decision in the
office of the Board.
113.13 Writ of Certiorari.
Upon the presentation of such petition the court may allow a writ of certiorari directed to
the Board to review such decision of the Board and shall prescribe therein the time within
which a return thereto must be made and served upon the appellant's attorney, which shall
not be less than ten (10) days and may be extended by the court. The allowance of the writ
shall not stay proceedings upon the decision appealed from, but the court may, on
application, on notice to the Board and on due cause shown, grant a restraining order.
113.14 Return of Certified or Sworn Copies.
The Board shall not be required to return the original papers acted upon by it, but it shall
be sufficient to return certified or sworn copies thereof or of such portions thereof as may
be called for by such writ. The return shall concisely set forth such other facts as may be
pertinent and material to show the grounds of the decision appealed from and shall be
verified.
113.15 Circuit Court May Take Additional Evidence.
If, upon the hearing, it shall appear to the court that testimony is necessary for the proper
disposition of the matter, it may take additional evidence or appoint a referee to take such
evidence as it may direct and report the same to the court with his findings of fact and
conclusions of law, which shall constitute a part of the proceedings upon which the
determination of the court shall be made.
113.16 Permitted Actions by Circuit Court.
The court may reverse or affirm, wholly or partly, or may modify the decision brought up
for review.
113.17 Costs.
Costs shall not be allowed against the Board unless it shall appear to the court that it acted
with gross negligence or in bad faith, or with malice in making the decision appealed from.
Section 202 Definitions is amended by the addition of the following terms and their
meanings:
CITY MANAGER. The City Manager of the City of Webster Groves or his/her designee.
FIRE CODE OFFICIAL. The Fire Chief as set forth in Section 3.410 and 3.420 Article
VI of the Municipal Code or his/her designee.
PUBLIC SERVICE AGENCY. An entity, whether publicly or privately owned, engaged
in supplying the general public with a commodity or service, including but not limited to
electricity, gas, water, transportation, telecommunications, or similar utility services.
Privately owned public utilities typically operate within a designated service area under an
exclusive franchise granted by the state legislature, public service commission, or other
authorized regulatory body, and are subject to regulation by the franchising authority. Such
utilities may be required to file rate schedules with the applicable regulatory body, and any
proposed rates or rate changes may not take effect without prior approval of that body.
TEMPORARY. A period not exceeding thirty (30) calendar days, unless a different period
is expressly specified elsewhere in this Code.
Section 502.1 Address Identification is amended by its deletion and replacement as follows:
502.1 Address Identification.
New and existing buildings shall have approved address numbers, building numbers, or
approved building identification placed in a position that is plainly legible and visible from
the street or road fronting the property. These numbers shall contrast with their background.
Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a
minimum of 6 inches (152 mm) high with a minimum stroke width of 0.75 inches (19 mm).
Where the building or structure or the building address is not visible from the public street
or road, or where the primary entrance is served by a private drive or access lane, address
identification shall also be provided on a freestanding sign or monument located near the
driveway entrance or access point from the street.
Such signage shall be clearly visible and maintained free of obstructions including
landscaping, fences, or parked vehicles.
501.2.1 Address Identification - Remote Exits.
Address identification shall be provided at all remote exit doors in all occupancies, in
addition to the primary address identification required by Section 502.1.
Exception: Detached structures constructed in accordance with the International
Residential Code.
Section 708.1 General is amended by the addition of Subsection 708.1.1 as follows:
708.1.1 Tenant Separation Walls.
Walls Separating tenant spaces in any commercial building shall be fire partitions with a
fire resistance rating of no less than one (1) hour. The walls shall be continuous from the
floor to the underside of the floor, roof slab or deck and shall be securely attached thereto.
These walls shall be continuous through all concealed spaces such as the space above a
suspended ceiling. The wall shall be draft stopped and sealed at all penetrations, joints and
rated openings.
Exception: Where it can be demonstrated through design professional analysis that
separation is not required by the 2021 International Building Code, 2021 International
Existing Building Code or 2021 International Fire Code.
Section 1008.3.3 Rooms and Spaces is amended by the addition of Items “6”, “7”, and “8” as
follows:
6. Mechanical rooms and rooms containing roof access ladders
7. Commercial kitchens
8. Room or areas of Occupancy Group H and in any room or area that utilizes hazardous
materials or hazardous processes
Section 1008.3 Emergency Power for Illumination is amended by the addition of Subsection
1008.3.6 as follows:
1008.3.6 Circuit Identification.
All circuits that supply power to means of egress illumination required by this Section shall
be clearly and permanently identified at each overcurrent protection device in every
electrical panel from which such circuits originate. Such identification shall indicate that
the circuit serves emergency egress illumination and shall be legible, durable, and
maintained for the life of the installation.
Section 1013.3 Illumination is amended by its deletion and replacement as follows:
1013.3 Illumination.
Exit signs shall be electrically powered and internally illuminated or as approved by the
Fire Code Official. All replacement and new exit signs shall be illuminated with Light
Emitting Diode (LED) technology or as approved by the Fire Code Official.
Section 1612.3 Establishment of flood hazard areas is amended by its deletion and
replacement as follows:
1612.3 Establishment of Flood Hazard Areas.
Flood hazard areas shall be those established by Chapter 80 (Flood Damage Prevention) of
the Code of Webster Groves.
Section 1809.5 Frost Protection is amended by its deletion and replacement as follows:
1809.5 Frost Protection.
Except where otherwise protected from frost, foundations and other permanent supports of
buildings and structures shall be protected from frost by one or more of the following
methods:
1. The minimum depth of a pier, footing and/or foundation shall be thirty (30) inches
(762 mm) below finish grade.
2. Constructing in accordance with ASCE 32.
3. Erecting on solid rock.
Exception: Free-standing buildings meeting all of the following conditions shall not be
required to be protected:
1. Area of one hundred twenty (120) square feet or less
2. Eave height of ten (10) feet or less
Section 2701.1 Scope is amended by the addition of Section 2701.1.1as follows:
2701.1.1 Underground Electrical Trench Backfill Protection.
Underground electrical raceways and conductors shall be inspected after installation and
before placement of backfill. Where excavated material contains sharp rock, broken
concrete, frozen material, heavy rubble, or other debris capable of damaging raceways,
cables, or conductors, such material shall not be used as the immediate backfill. Approved
bedding and initial backfill consisting of clean sand, selected smooth earth, or other
approved material shall be placed around the raceway or conductors in accordance with
NFPA 70 Section 300.5(F) before placement of the remaining backfill.
Section 2701 General is amended by the addition of Section 2701.2 Underground Service
Requirements as follows:
Section 2701.2 Mandatory Underground Utility Installations.
All new electrical, telephone, cable television, and related telecommunication utility
service lines running from the public utility distribution system to any newly erected
building or structure regulated by this code shall be installed completely underground.
Exceptions: Installations where the applicant provides comprehensive engineering
documentation proving to the satisfaction of the Building Commissioner that sub-surface
rock, high water tables, or conflicting underground infrastructure makes sub-grade
installation physically impracticable.
Section 3107.1 is amended by its deletion and replacement as follows:
Section 3107.1 General.
Signs shall be designed, constructed and maintained in accordance with the
provisions of Chapter 54 of the Code of Webster Groves.
Section 3303.6 Utility Connections is amended by its deletion and replacement as follows:
3303.6 Utility Connections.
Service utility connections shall be discontinued and capped at their respective
connection to the service provider unless otherwise approved by the Building
Commissioner.
EXHIBIT B
INTERNATIONAL RESIDENTIAL CODE
MODIFICATIONS, ADDITIONS, INSERTIONS AND CHANGES TO THE
2021 INTERNATIONAL RESIDENTIAL CODE
ADOPTED BY THE WEBSTER GROVES CITY COUNCIL
Section R104.11 Alternative Materials, Design and Methods of Construction and Equipment
is amended by the addition of the Subsection R104.11.1 as follows:
R104.11.1 Non-Traditional Structures Adapted for Residential Use.
These provisions apply to non-traditional structures including but not limited to; cargo
shipping containers, water towers, airplane bodies, straw homes, homes made of recycled
materials, and similar structures that are adapted and/or constructed to be used for
residential purposes.
Unless a variance is granted by the Board of Adjustment as provided for in Chapter 53
(Zoning Code), no non-traditional structure shall be constructed, placed or otherwise
converted and used for residential purposes.
Section R105.2 Work Exempt From Permit, Building is amended by its deletion and
replacement as follows:
Building
1. Other than storm shelters, one-story detached accessory structures, provided that the
floor area does not exceed 120 square feet (11.15 m2).
2. Retaining walls that are not over 3 feet (914 mm) in height measured from the bottom
of the footing to the top of the wall, unless supporting a surcharge.
3. Water tanks supported directly on grade if the capacity is not greater than five hundred
(500) gallons (1,892 L) and the ratio of height to diameter or width is not greater than
2:1.
4. Flat work including but not limited to sidewalks, patios, parking lots, or driveways that
are less than four hundred (400) square feet in area, and not in the City right-of-way.
Exception. Any flat work or moving of soil that is a) within four (4) feet of a property
line; or b) that would permanently divert one drainage area to another drainage area; or
c) that would deposit mud or harmful silt or create erosion or damage adjoining
properties; or d) that would block or affect an existing swale or drainage path in a
manner to cause damming and ponding shall require a permit.
5. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work that
does not involve the removing of wall board such as drywall.
6. Prefabricated swimming pools that are less than 24 inches (610 mm) deep.
7. Swings and other playground equipment accessory to detached one- and two-family
dwellings that are less than two hundred (200) square feet in area and less than twelve
(12) feet high.
8. In non-Historic Districts, window awnings supported by an exterior wall that do not
project more than 24 inches (610 mm) from the exterior wall and do not require
additional support.
9. Non-fixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9
inches (1753 mm) in height.
10. Roof recovering or the replacement of less than 25% of the sheathing or framing on
any individual roof section.
11. Siding in on-historic districts where sheathing does not need to be replaced.
12. Exterior Door replacement in existing openings of non-historic districts.
Section R105.3 Application for Permit is amended by the addition of provisions “8” and “9”
as follows:
8. Identify whether the work will be done personally by the owner/occupant of the
detached single-family dwelling or the work will be done by a registered contractor.
9. Be accompanied by a Boundary Survey unless waived by the Building Commissioner.
Section R105.5 Expiration is amended by its deletion and replacement as follows:
R105.5 Expiration.
Every permit issued shall become invalid unless the work authorized by such permit is
commenced within one hundred eighty (180) days after its issuance, or if the work
authorized by such permit is suspended or abandoned for a period of one hundred eighty
(180) days after the work is commenced. For purposes of determining suspension or
abandonment, the applicable period shall be measured from the date of permit issuance or
the date of the last approved inspection, whichever is later.
The Building Commissioner is authorized to grant, in writing, extensions of time for
periods of not more than ninety (90) days each. The extension shall be requested in writing
and justifiable cause demonstrated. No more than two (2) extensions shall be granted under
this section.
R105.5.1 Maximum Permit Duration.
Notwithstanding any other provision of this code:
1. Permits for interior work shall expire one (1) year from the date of issuance.
2. Permits for exterior work shall expire nine (9) months from the date of issuance.
3. The Building Commissioner is authorized to grant, in writing, up to two (2)
extensions of time for periods not more than ninety (90) days each. The extension
shall be requested in writing and justifiable cause demonstrated.
Section R105 Permits is amended by the addition of Subsection R105.10 to read as follows:
R105.10 Outstanding Obligations and Violations.
The Building Commissioner shall not issue a permit to any applicant, as defined under
105.3, who has outstanding taxes, fees, bills, debts, utility charges, liens, judgements or
other monetary obligations owed to the City of Webster Groves that are delinquent or
otherwise unresolved.
The Building Commissioner is further authorized to withhold permit issuance where the
applicant or subject property has unresolved code violations, stop work orders, pending
enforcement actions, pending litigation, or unresolved judgments before a court or tribunal
of competent jurisdiction arising from violations of the City Code, prior permit activity,
nuisance abatement, unsafe conditions, or enforcement of municipal regulations, until such
matters are resolved to the satisfaction of the City Manager or the City Manager’s designee.
Section R106.1 Submittal Documents is amended by its deletion and replacement as follows:
Section R106.1 Submittal Documents.
Submittal documents consisting of construction documents, and other data shall be
submitted in two or more sets, or in a digital format where allowed by the Building
Commissioner, with each application for a permit. The construction documents shall be
prepared by a registered design professional. Where special conditions exist, the Building
Commissioner is authorized to require additional construction documents to be prepared
by a registered design professional.
Exception:
1. Miscellaneous structures related to single family residential properties including,
but not limited to, sheds, decks with no roof or cover, and fences.
2. The Building Commissioner is authorized to waive the submission of construction
documents and other data not required to be prepared by a registered design
professional if it is found that the nature of the work applied for is such that
reviewing of construction documents is not necessary to obtain compliance with
this code.
Section R106.2 Site Plan or Plot Plan is amended by its deletion and replacement as follows:
R106.2 Boundary Survey.
The construction documents submitted with the application for permit shall be
accompanied by a boundary survey drawn to a standard engineer’s or architect’s scale
showing the size and location of proposed construction and existing structures on the site,
distances from lot lines, easements, and such other information as may be required by the
Building Commissioner to determine compliance with this code and other applicable laws
and ordinances.
In the case of demolition, the site plan or boundary survey shall show the construction to
be demolished and the location and size of existing structures and construction that are to
remain on the site or lot.
The Building Commissioner is further authorized to waive or modify the requirements of
this section where the application is for alteration or repair, or where otherwise warranted.
Section R106.3.1 Approval of Construction Documents is amended by its deletion and
replacement as follows:
R106.3.1 Approval of Construction Documents.
When the Building Commissioner issues a permit, the construction documents shall be
stamped as Approved and be accompanied by the signature of the Building Commissioner
or his authorized agent. The owners’ approved set of construction document(s) shall be
kept on the building site, along with any plan review response letters/comments and all
field inspection reports issued by the Building Commissioner, and open to inspection of
the Building Commissioner or his authorized representative at all times.
Section R106.3 Examination of Documents is amended by the addition of Subsection
R106.3.4 as follows:
R106.3.4 Application of Seal.
One (1) set of plans, computations and/or specifications required for a building permit
application shall bear an original embossed or inked seal, original signature and date of
signature of the registered engineer or architect on each page of said plans. All other sets
of plans, computations and/or specifications may have reproduced seal, signature and date.
Exception: When submitting plans electronically, a unique, verifiable digital signature
under the sole control of the Architect or Engineer, recognized by a certificate authority
that is cryptographically secured shall be utilized by the registered design professional.
Section R108.3 Building Permit Valuation is amended by its deletion and replacement as
follows:
R108.3 Building Permit Valuation.
Residential Permit Fees shall be based on the total estimated cost of construction as
determined by contract, or other means as approved by the Building Commissioner.
Section 108.5 Refunds is amended by its deletion.
Section R108.6 Work Commencing Before Permit Issuance is amended by deletion and
replacement, as follows:
R108.6 Work Commencing Before Permit Issuance.
Any person who commences work for which a permit is required by this Code before
obtaining such permit shall be subject to an Investigation Fee as set forth in Section 108.6.1,
in addition to all required permit fees. Payment of such fees shall not relieve any person
from full compliance with all requirements of this Code, nor from any other penalties
prescribed herein.
R108.6.1 Investigation Fee for Work Commenced Without a Permit.
Whenever work for which a permit is required by this Code has been commenced without
first obtaining said permit, a special investigation shall be conducted before any permit
may be issued for such work. An investigation fee shall be assessed and collected in
addition to the permit fee, and shall be due whether or not a permit is subsequently issued.
The investigation fee shall not exceed the amount of the permit fee that would otherwise
be required by this Code.
Section R109.1.3 Floodplain Inspections is amended by its deletion and replacement as
follows:
R109.1.3 Floodplain and Flood Hazard Inspections.
For construction in flood hazard areas as established by Table R301.2(1), currently adopted
Flood Insurance Rate Maps (FIRM), or other areas determined by the Building
Commissioner or Floodplain Administrator to be subject to periodic inundation, localized
flooding, stormwater overflow, or drainage hazards based on available technical data,
historical records, or observed conditions, upon placement of the lowest floor, including
basement, and prior to further vertical construction, the Building Commissioner shall
require submission of documentation, prepared and sealed by a registered design
professional, certifying the elevation of the lowest floor in accordance with Section R322
and applicable local floodplain management regulations.
Section R109.1.5 Other Inspections is amended by its deletion and replacement as follows:
R109.1.5 Other Inspections.
In addition to inspections in Sections R109.1.1 through R109.1.4 and those identified under
this Section; the Building Commissioner shall have the authority to make or require any
other inspections to ascertain compliance with this code and other laws enforced by the
Building Commissioner or waive inspections as reasoned practical.
R109.1.5.2 Wall Bracing Inspection Prior to Installation of Exterior Cladding.
Inspections shall be made to determine compliance with wall bracing provisions of Chapter
6.
R109.1.5.3 Energy Efficiency Inspections.
Inspections shall be made to determine compliance with Chapter 11 and shall include, but
not be limited to, inspections for: envelope insulation R- and U-values in accordance with
Table N1102.1.2 (R402.1.2), fenestration U-value in accordance with Table N1102.1.2
(R402.1.2), duct system R-value, and HVAC and water-heating equipment efficiency.
R109.1.5.4 Lath, Tile Backer Boards, Gypsum Board and Gypsum Panel Product
Inspection.
Lath, tile backer board, gypsum board and gypsum panel product inspections shall be made
after lathing, gypsum board and gypsum panel products, interior and exterior, are in place,
but before any plastering is applied or gypsum board and gypsum panel product joints and
fasteners are taped and finished.
Section R202 Definitions is amended by the addition of a definition for "ROOF REPAIR,"
as follows:
ROOF REPAIR. Reconstruction or renewal of any part of an existing roof for the
purposes of its maintenance. Where the scope of work involves the replacement on any
separated roof section of more than one bundle of shingles (or the equivalent amount of
any other roof covering material), and/or 25% of sheathing, and/or the replacement, in
whole or in part, of any structural roof components, such work shall be classified as a roof
replacement rather than a repair.
Table R301.2(2), Climatic and Geographic Design Criteria is amended by inserting the
following local design criteria into the designated blank spaces within the tabular body, with
all other text, footnotes, and figures remaining unchanged:
•
GROUND SNOW LOADo = 20
•
WIND DESIGN
o Speedd (mph) = 115 MPH
o Windborne debris zonem = No
o Topographic effectsk = No
o Special wind regionl = No
•
SEISMIC DESIGN CATEGORYf = C
•
SUBJECT TO DAMAGE FROM
o Weatheringa = Severe
o Frost line depthb = 30”
o Termitec = Mod-Heavy
•
ICE BARRIER UNDERLAYMENT REQUIREDh = Yes
•
FLOOD HAZARDSg = 12/31/1974
•
AIR FREEZING INDEXi = 1,500 Days
•
MEAN ANNUAL TEMPj = 54° F
Section R301.2.4 is amended by adding the following sentences to the end of the first
paragraph:
Buildings and structures shall also comply with Chapter 53 (Zoning) and Chapter 80
(Flood Damage Prevention) of the Code of Webster Groves. Buildings and structures
located in more than one flood hazard area shall comply with the most restrictive
applicable requirements. Buildings and structures located wholly or partially within an
identified floodway shall also comply with ASCE 24.
Section R302.5 Dwelling-Garage Opening and Penetration Protection is amended by the
addition of the Subsection R302.5.4 as follows:
R302.5.4 Man Doors for Garages.
All attached and detached garages shall be provided with an approved side swing type
egress door.
Exception: Detached accessory structures exempt from permit under Section R105.2.
Section R306 Sanitation is amended by the addition of Subsection R306.5 as follows:
R306.5 Hose Bibb.
Every dwelling shall be provided with two outside frost-proof hose bibbs. Hose bibbs shall
be installed so that the one is at or near the front of the building and the other is at or near
the rear of the building. Hose bibbs shall be protected from backflow in accordance with
the International Plumbing Code.
Section R309.1 Floor Surface is amended by the addition of Subsection R309.1.1 as follows:
R309.1.1 Sill Height.
The sills of all door openings between private garages and adjacent interior spaces shall be
raised not less than four (4) inches (102 mm) above the garage floor.
Section R309.3 Flood Hazard Areas is amended by its deletion and replacement as follows:
R309.3 Flood Hazard Areas.
For buildings located in flood hazard areas garage floors shall be:
1. Elevated to or above the design flood elevation as determined in accordance with
Section R322 of this Code, Chapter 53 Zoning and Chapter 80 Flood Damage
Prevention of the Code of Webster Groves; or
2. Located below the design flood elevation provided that the floors are at or above
grade on not less than one side, are used solely for parking, building access or
storage, meet the requirements of Section R322 of this Code, Chapter 53 Zoning
and Chapter 80 Flood Damage Prevention of the Code of Webster Groves and are
otherwise constructed in accordance with this code.
Section R309 Garage and Carports is amended by the addition of Subsection R309.6 as
follows:
R309.6 Membrane Structures Used as Garages, Carports and Similar Structures.
Membrane structures, as defined in the International Building Code, are not permitted to
be used as a permanent garage, carport or similar structures. Membrane structures may be
permitted for temporary uses when authorized by the Building Commissioner. Temporary
uses include, but are not limited to, private events on private property, portable storage
units, and similar activities or devices.
Section R311.7.5.1 Risers is amended by the addition of the Provision “3” as follows:
3. Alterations and additions to stairs in existing dwellings may increase the riser
height to no more than 8 ¼ inches provided there are other stairs within the dwelling
that exceed 7 ¾ inches. The greatest riser height within any flight of stairs shall not
exceed the smallest by more than 3/8 inch.
Section 314.6 Power Source is amended by the addition of Section 314.6.1 as follows:
R314.6.1 Smoke Alarm Primary Power Source Routing.
Hardwired smoke alarms required within dwelling units shall not be connected as the sole,
isolated load on a dedicated branch circuit. Primary power to required smoke alarms shall
be supplied from a shared branch circuit that also serves general lighting loads or lighting
outlets located within frequently used, habitable spaces of the same dwelling unit.
Section R322.1 is amended by adding the following paragraph at the end:
Buildings and structures shall also comply with Chapter 53 (Zoning) and Chapter 80 (Flood
Damage Prevention) of the Code of Webster Groves. Buildings and structures located in
more than one flood hazard area shall comply with the most restrictive applicable
requirements. Buildings and structures located wholly or partially within identified
floodways shall comply with ASCE 24.
Section R327 Swimming Pools, Spas and Hot Tubs is amended by renaming the Section to
be entitled “Swimming Pools, Spas, Hot Tubs, and Other Bodies of Water”, and with the
addition of the Subsection R327.2 as follows:
R327.2 Other Bodies of Water.
Every person owning land on which there is situated a permanent body of water including
but not limited to ornamental ponds, fish ponds, reflecting pools, water gardens, fountains,
which contains eighteen (18) inches or more in depth at any point and/or with a surface
area more than two hundred fifty (250) square feet, shall erect and maintain thereon an
adequate enclosure either surrounding the property or water feature area, sufficient to make
such body of water inaccessible to small children. Such enclosure shall comply with the
swimming pool enclosure requirements of the Code of Webster Groves. A natural barrier,
hedge, cover, or other protective device approved by the Building Commissioner may be
used so long as the degree of protection afforded by the substitute devices or structures is
not less than the protection afforded by the swimming pool enclosure requirements.
Section R401.1 Application is amended by the addition of Subsection R401.1.1 to read as
follows:
Section R401.1.1 Manufactured and Mobile Homes.
The installation of any foundation system in support of a manufactured home or mobile
home as defined in Appendix AE Section AE103 is prohibited. This prohibition applies to
new installations and to any manufactured or mobile home already situated within the city,
regardless of when it was established. See Appendix AE as locally amended for all
applicable requirements.
Section R401.4 Soil Tests is amended by its deletion and replacement as follows:
R401.4 Soil Tests.
An evaluation to classify the type of soil and the presence or absence of ground water is
required. The evaluation report shall be based on either a subsurface soil investigation or
satisfactory data from adjacent areas together with an inspection of the excavation prior to
pouring concrete. This test shall be done by an approved agency using an approved method.
Exception: Soil evaluations are not required for decks or minor constructions projects as
determined by the Building Commissioner.
Section R403.1.3 Footing and Stem Wall Reinforcing in Seismic Design Categories D0, D1
and D2 is amended by the addition of Subsection R403.1.3.7 as follows:
R403.1.3.7 Footing Reinforcement.
All footings shall contain a minimum of two (2) continuous horizontal # 4 reinforcement
bars.
Section R403.1.4.1 Frost Protection is amended by its deletion and replacement as follows:
R403.1.4.1 Frost Protection.
Foundation walls, piers and other permanent supports of buildings, fences and other
structures shall be protected from frost by extending below the frost line specified in Table
R301.2.(1).
Exceptions:
1. Accessory structures that are less than one hundred twenty (120) square feet, except
open sided structures over one hundred (100) square feet which will require frost
protected piers.
2. Fences four (4) feet in height or more shall require footing excavations to be at least
twenty-four (24) inches in depth. Footings shall not bear on frozen soil unless the
frozen condition is permanent.
Section R703.1 General is amended by the addition of Subsections R703.1.3 and R703.1.3.1
as follows:
R703.1.3 Uniformity In Exterior Wall Coverings.
Where the replacement of exterior wall covering is necessary due to damage, deterioration,
or repair, and the existing material is no longer available or cannot be matched in
appearance, color, texture, and profile, the replacement material shall be applied uniformly
across the entire façade to ensure consistency in color, texture, and profile to maintain
visual continuity.
R703.1.3.1 Administrative Exception.
The Building Commissioner (or their designee) shall have the authority to grant exceptions
to the requirements of Section R703.1.3 on a case-by-case basis when warranted by specific
conditions or circumstances, provided the overall aesthetic integrity of the building is
preserved. Requests for exceptions shall be made in writing, including the rationale for
exception, and, if approved, maintained as part of the building record.
Section R908.1 General is amended by the addition of the Subsections R908.1.1.1 and
R908.1.1.2 as follows:
R908.1.1 Full Roof Replacement.
If any part of the roof requires replacement, the entire roof shall be replaced.
R908.1.1.1 Exception For Separated Roof Sections.
In cases where the roof is divided by a clear, permanent separation, such as a parapet wall
or other structural division between roof sections, the replacement of the roof shall be
limited to the affected section(s). The replacement section(s) must match the existing roof
in material, color, and construction, but the remainder of the roof that is not damaged is not
required to be replaced.
R908.1.1.2 Administrative Exception.
The Building Commissioner (or their designee) may approve exceptions to the full roof
and section replacement requirements of Sections R908.1.1 and R908.1.2 on a case-bycase basis where the overall aesthetic integrity and structural integrity of the building are
maintained. Requests for exceptions shall be made in writing, including the rationale for
exception, and, if approved, maintained as part of the building record.
Tables N1102.1.2 (R402.1.2) and N1102.1.3 (R402.1.3) are deleted and replaced as follows:
Table N1102.1.2 (R402.1.2) Insulation and Fenestration Requirements by Component
– See Table R402.1.2 of the International Energy Conservation Code (IECC), as locally
amended.
Table N1102.1.3 (R402.1.3) Equivalent U-Factors and Total UA alternatives – See
Table R402.1.3 of the International Energy Conservation Code (IECC), as locally
amended.
Section P2602 General is amended by the addition of Subsection P2602.1.1 as follows:
Section P2602.1.1 Newly Constructed Residences.
On newly constructed residences the existing sanitary sewer lateral shall not be reused but
shall be replaced with a minimum of a six (6) inch lateral. The sanitary sewer lateral shall
be attached to the main by means of a wye or other MSD approved connection. The existing
wye or other approved MSD connection shall not be required to be replaced if it can be
demonstrated that it is not defective, not undersized, not code compliant, or otherwise
inadequate.
Exception:
1. The sewer lateral may be reduced but not less than the diameter of the sanitary
sewer main.
2. Sewer laterals that are not held together with mechanical joints may be reused
provided they are liquid tight and in good repair.
3. The Director of Public Works and the Building Commissioner may jointlyauthorize any portion of the sewer lateral that is located off of the premises or within
the right-of-way to be lined.
Section P2603.5.1 Sewer Depth is amended by its deletion and replacement as follows:
P2603.5.1 Sewer Depth.
Building sewers that connect to private sewage disposal systems shall be not less than thirty
(30) inches plus the sewer diameter below finished grade at the point of septic tank
connection. Building sewers shall be not less than thirty (30) inches plus the sewer diameter
below grade.
P2903.4 Thermal Expansion Control is amended by the addition of Subsection P2903.4.3 et
seq. as follows:
P2903.4.3 Expansion Tank Installation.
Any system with a new or a replacement water heating apparatus shall be provided with an
approved, listed and adequately sized thermal expansion device (expansion tank), installed
within ten (10) feet of, and on the cold water supply to the water heater, between the water
heater shut-off valve and the water heater, at least eighteen (18) inches away from the cold
water inlet fitting on the water heater. The tank may be installed in a vertical up, vertical
down, or horizontal position in accordance with the manufacturer's recommendation. If the
expansion tank is installed horizontally, it must be adequately supported. No support shall
be provided from the water heater.
P2903.4.3.1 Static Building Pressure Label.
The measured static building pressure, and the pressure at which the expansion tank has
been set shall be written in ink on a permanent durable type of label (equal to an Avery
#AVE6578 2" x 2- " Label) attached to the ! expansion tank in a visible location.
P2903.4.3.2 Shut Off Valves.
Shut-off valves for water heaters shall be installed in view of, within 10 feet of, within easy
reach from the ground, and shall be readily accessible No shutoff shall be installed on the
branch to the expansion tank.
P2903.4.3.3 Expansion Tank Location.
The expansion tank shall be installed in such a manner that the removal or replacement of
the water heater is not impaired.
Exceptions:
1. Engineered systems that provide equivalent protection may be approved by the
Building Commissioner.
2. Listed non-storage instantaneous heaters having an inside diameter of not more than
three (3") inches (76 mm).
3. Water heaters, 30 gallons or less, installed under counter or in confined spaces in
multi-family units, where space does not permit the installation of an expansion
tank, adequately sized mechanical water hammer arrestors may be used to provide
for thermal expansion with the approval of the Building Commissioner.
Section P3114.1 General is amended by the addition of the Subsections P3114.1.1, P3114.1.2,
and P3114.1.3 as follows:
P3114.1.1 New Construction.
Air admittance valves shall not be permitted in the construction of new detached one- and
two-family dwellings and townhouses.
P3114.1.2 Existing Buildings and Alterations.
Air admittance valves may be permitted in existing buildings undergoing repair, alteration,
or addition where installation of a conventional vent extending to the open air would
require excessive demolition, structural alteration, removal of existing finishes, or similar
disproportionate construction impacts or costs, as determined by the Building
Commissioner.
Approval shall be limited to circumstances where the Building Commissioner finds that:
1. Installation of a conventional vent system is impracticable;
2. The proposed air admittance valve complies with the listing and installation
requirements of this code and the manufacturer’s installation instructions;
3. Adequate venting of the drainage system will be maintained; and
4. The valve will remain accessible for inspection, maintenance, and replacement.
P3114.1.3 Prohibited Installations.
Air admittance valves shall not be permitted to serve as the sole vent for any building drain
or building sewer and shall not be installed in locations prohibited by this code or the
manufacturer’s installation instructions.
Section E3401 General is amended by the addition of Section E3401.5 as follows:
Section E3401.5 Mandatory Underground Utility Installations.
All new electrical, telephone, cable television, and related telecommunication utility
service lines running from the public utility distribution system to any newly erected
building or structure regulated by this code shall be installed completely underground.
Exceptions:
1. New construction projects resulting in a total of two (2) or fewer one-family
dwellings or townhouses on a single lot or within a contiguous development,
provided the property is located on a street already primarily served by an existing
overhead utility distribution system.
2. Installations where the applicant provides comprehensive engineering
documentation proving to the satisfaction of the Building Commissioner that subsurface rock, high water tables, or conflicting underground infrastructure makes
sub-grade installation physically impracticable.
Section E3601.2 Number of Services is amended by its deletion and replacement as follows:
E3601.2 Number of Services.
One- and two-family dwellings shall be supplied by only one service. All metered
utility services for any accessory building shall be provided from the primary
structure and shall not be separately metered.
E3803 Underground Installation Requirements is amended by the addition of Section
E3803.5.1 as follows:
3808.5 Underground Electrical Installations.
E3808.5.1 Underground Electrical Trench Backfill Protection.
Underground electrical raceways and conductors shall be inspected after installation and
before placement of backfill. Where excavated material contains sharp rock, broken
concrete, frozen material, heavy rubble, or other debris capable of damaging raceways,
cables, or conductors, such material shall not be used as the immediate backfill. Approved
bedding and initial backfill consisting of clean sand, selected smooth earth, or other
approved material shall be placed around the raceway or conductors in accordance with
NFPA 70 Section 300.5(F) before placement of the remaining backfill.
Section AE101 Scope is amended by the addition of the Subsections AE101.3 and AE101.4
as follows:
Section AE101.3 Prohibition on New Placement.
The placement, installation, or use of a manufactured home or mobile home as a dwelling
unit within the City of Webster Groves is prohibited. No building permit, zoning certificate,
or other approval shall be issued for:
1. The installation of any manufactured home or mobile home on any site within the
city, whether on a permanent foundation or otherwise; or
2. The installation or construction of a permanent foundation, pier system, slab, or
other foundation system, whether in whole or in part, beneath or in support of any
manufactured home or mobile home, including those lawfully established and preexisting prior to the effective date of this amendment.
Section AE101.4 Pre-Existing Units: Maintenance and Modification.
Any manufactured home or mobile home lawfully established within the City of Webster
Groves prior to December 19, 2019, shall be considered a nonconforming structure and
shall be subject to the following:
1. Maintenance and Repair. Ordinary maintenance and repair necessary to preserve
the existing structure in a safe and habitable condition is permitted, provided no
permit issued under this section shall authorize any work that increases the degree
of nonconformity.
2. Foundation Installation Prohibited. Notwithstanding any other provision of this
code, the installation, construction, or improvement of any permanent foundation,
permanent pier system, permanent slab, or any other permanent support system
beneath or in connection with any manufactured or mobile home is expressly
prohibited. This prohibition applies regardless of whether the unit was lawfully
established prior to the effective date of this amendment and regardless of the
nonconforming status of the unit. No permit shall be issued for any such work.
3. Alterations and Additions. No addition, expansion, or structural alteration that
enlarges the footprint or increases the floor area of a pre-existing manufactured, or
mobile home shall be permitted.
4. Change of Occupancy. A change of occupancy or use of a pre-existing
manufactured, or mobile home shall not be permitted if such change would extend
or expand the nonconforming use.
5. Destruction or Abandonment. A pre-existing manufactured or mobile home that is
destroyed or damaged to the extent of more than fifty percent (50%) of its
replacement value, or that is abandoned for a period exceeding 30-day calendar
days (exclusive of any period of vacancy resulting from the owner's or occupant's
illness, hospitalization, medical treatment, travel, or military deployment), shall not
be replaced, reconstructed, or re-established on the same site.
EXHIBIT C
INTERNATIONAL MECHANICAL CODE
MODIFICATIONS, ADDITIONS, INSERTIONS AND CHANGES TO THE
2021 INTERNATIONAL MECHANICAL CODE
ADOPTED BY THE WEBSTER GROVES CITY COUNCIL
Section 109.6 Refunds is amended by its deletion.
EXHIBIT D
INTERNATIONAL PLUMBING CODE
MODIFICATIONS, ADDITIONS, INSERTIONS AND CHANGES TO THE
2021 INTERNATIONAL PLUMBING CODE
ADOPTED BY THE WEBSTER GROVES CITY COUNCIL
Section 109.5 Refunds is amended by its deletion.
Section 305.4 is amended by replacing "12 inches" with "30 inches."
Section 603.1 is amended by replacing "3/4 inch" with "1 inch."
Section 603 Water Service is amended by the addition of Subsection 603.3 as follows:
Section 603.3 Minimum Size of Water Service for Increases to Single-Family
Residences.
When improvements are made to existing single-family residences where the
improvements result in three (3) or more bathroom groups, the water service shall be a
minimum of 1 inch.
Exception: When it can be demonstrated by calculation or other approved means that the
requirements of Section 604.3 will be met.
Section 605.4 Water Distribution Pipe is amended by the addition of Subsection 605.4.1 as
follows:
Section 605.4.1 Electrical Continuity When Water Distribution System Used as
Grounding or Bonding Purposes.
When the water distribution system is being used for electrical grounding or bonding
purposes and non-metallic water distribution pipe is used to replace metallic water
distribution pipe, electrical continuity shall be maintained in accordance with Chapter 21,
Article II, Section 21.0030 of the Code of Webster Groves.
Section 608.1 General is amended by the addition of Subsections 608.1.1 through 608.1.5 as
follows:
Section 608.1.1 Testing of Backflow Prevention Devices.
Backflow prevention devices installed in accordance with this code shall be tested and
certified as to proper operation at the time of installation and each year thereafter by
persons who are properly licensed or certified and registered.
Section 608.1.2 Water Customer to Maintain Backflow Prevention Devices.
The water customer shall maintain all backflow prevention devices in proper working
condition.
Section 608.1.3 Method of Testing and Maintenance of Backflow Prevention Devices.
The installation testing and maintenance of backflow prevention devices shall be
performed in accordance with this Code. In addition, regulations, requirements, standards
and procedures established by the Missouri Department of Natural Resources, Public
Drinking Water Program, become a requirement of this Code.
Section 608.1.4 Testing of Backflow Prevention Devices.
The installation, initial test, and annual test of backflow prevention devices shall be
performed in accordance with this code and the standards and procedures established by
the Missouri Department of Natural Resources, Public Drinking Water Program by persons
who are properly licensed by St Louis County to perform such work and persons properly
registered with the City of Webster Groves.
Section 608.1.5 Record Keeping.
The results of such tests may be required to be submitted to the Building Commissioner,
within thirty (30) days after making such test, on a form which is acceptable to the Building
Commissioner, and shall be completed and signed by the tester. A copy may also be
required to be provided, within thirty (30) days, to the owner, and water customer if
different than the owner and the water supplier and St. Louis County.
Section 701.2 is amended by adding the following sentence after the first sentence:
"A public sewer shall be deemed available when located within 150 feet of any part of
the property."
Section 701 General is amended by the addition of a Subsection 701.8 as follows:
Section 701.8 Interconnection.
Sanitary sewer systems and storm water sewer systems shall not be combined unless
otherwise approved.
Section 703.4 Existing Building Sewers and Drains is amended by the addition of Subsection
703.4.1 as follows:
Section 703.4.1 - Newly Constructed Residences.
On newly constructed residences the existing sanitary sewer lateral shall not be reused but
shall be replaced with a minimum of a six (6) inch lateral. The sanitary sewer lateral shall
be attached to the main by means of a wye or other MSD approved connection. The existing
wye or other approved MSD connection shall not be required to be replaced if it can be
demonstrated that it is code compliant and not defective, undersized, or otherwise
inadequate.
Exception:
1. The sewer lateral may be reduced but not less than the diameter of the sanitary
sewer main.
2. Sewer laterals that are not held together with mechanical joints may be reused
provided they are liquid tight and in good repair.
3. The Director of Public Works and the Building Commissioner may jointlyauthorize any portion of the sewer lateral that is located off of the premises or within
the right-of-way to be lined.
Section 703.6 Combined Sanitary and Storm Public Sewer is amended by its deletion and
replacement as follows:
Section 703.6 Combined Sanitary and Storm Public Sewer.
Combined sanitary and storm public sewer systems are not permitted. Where the public
sewer is a combined system for both sanitary and storm water, the sanitary sewer shall be
connected independently to the public sewer. The storm sewer shall be disconnected from
the combined system and connected and/or discharged to an approved storm water system.
Section 716.1 General is amended by the addition of Subsection 716.1.1 as follows:
Section 716.1.1 Building Sanitary Sewers.
When Sanitary and Storm Sewers are installed on public or private property and are not
under the jurisdiction of the Metropolitan St. Louis Sewer District (MSD), those building
sewers shall be installed according to The Metropolitan St. Louis Sewer District Rules and
Regulations and Engineering.
Section 903.1.1 Roof Extension Unprotected, insert the following:
“12 inches”
Section 905.5 is amended by adding the following exception:
"Exception: Loop vents shall not be permitted for fixtures transporting solids."
Section 918.8 is amended by adding the following sentence at the end of the paragraph and
adding sections 918.8.1 through 918.8.3 as follows:
“Air admittance valves shall not be installed in non-neutralizing sump vents. Air
admittance valves shall be further prohibited in accordance with the construction types,
building conditions, and locations specified in Sections 918.8.1 through 918.8.3, and the
International Residential Code, as adopted, including Sections P3114.1.1 through
P3114.1.3.
918.8.1 New Construction. Air admittance valves shall not be permitted in the
construction of all new buildings and structures governed by this code.
918.8.2 Existing Buildings and Alterations. Air admittance valves may be permitted in
existing buildings undergoing repair, alteration, or addition where installation of a
conventional vent extending to the open air would require excessive demolition, structural
alteration, removal of existing finishes, or similar disproportionate construction impacts or
costs, as determined by the Building Commissioner. Approval shall be limited to
circumstances where the Building Commissioner finds that:
1. Installation of a conventional vent system is impracticable;
2. The proposed air admittance valve complies with the listing and installation
requirements of this code and the manufacturer’s installation instructions;
3. Adequate venting of the drainage system will be maintained; and
4. The valve will remain accessible for inspection, maintenance, and replacement.
918.8.3 Prohibited Installations. Air admittance valves shall not be permitted to serve as
the sole vent for any building drain or building sewer and shall not be installed in locations
prohibited by this code or the manufacturer’s installation instructions.
Section 1101.2 Disposal is amended by its deletion and replacement as follows:
Section 1101.2 Disposal.
All roofs, paved areas, yards, courts and courtyards shall drain into a separate storm sewer
system, or to an approved place of disposal. For one- and two-family dwellings, and where
approved, storm water is permitted to discharge onto flat areas, such as streets or lawns,
provided that the storm water flows away from the building. Storm water shall be directed
away from adjoining public and private properties.
Section 1101.2.1 Storm Water Collection Points.
Storm water collection points, including but not limited to window wells and areaways,
shall have a drain, a cover or similar installation that diverts storm water from the collection
area. The drain shall discharge to daylight or to an approved storm water disposal system.
Chapter 11 Storm Drainage is amended by the addition of Subsection 1114 et seq.
Section 1114 Storm Water Control.
1114.1 Storm Water Control.
In addition to the following, storm water shall be controlled as provided for in Chapter 82
(Storm Water) of the Code of Webster Groves.
1114.2 Point of Discharge.
Downspouts, subsoil drains and similar methods of storm water control shall have a point
of discharge at least the (10) feet from any front, side or rear property line. A natural outlet
or drainage system shall be considered.
Exception: When it is impractical to locate the discharge point at least ten (10) feet from
the property line, the Building Commissioner shall be permitted to waive the requirement
provided that the storm water shall flow away from the building and away from adjoining
property and does not create a nuisance.
1114.3 Gutters and Downspouts.
Gutters and downspouts shall be used to convey storm water from roofs and similar areas.
The Building Commissioner may approve alternated installations that comply with the
intent of this provision.
Exception: Buildings or structures less than 200 square feet where it can be demonstrated
that the storm water will flow away from buildings and adjoining properties. Storm water
control methods shall not create a nuisance.
1114.4 Pretreatment Required
Where roof leaders, gutters, or downspouts discharge to an infiltration, detention, retention,
or other stormwater management system intended to provide water quality treatment or
groundwater recharge, an approved pretreatment device shall be installed upstream of the
stormwater management system where necessary to intercept sediment, organic debris, and
other solids that could impair the performance of the stormwater management system.
Exception: Pretreatment shall not be required where the design professional demonstrates
that the receiving stormwater management system incorporates equivalent pretreatment
measures or where otherwise approved by the Building Commissioner.
Section 1301.8 is amended by replacing the required burial depth with "30 inches below
grade."
Section 1301.9.2 Location is amended by the addition of Item “4” as follows:
Section 1301.9.2 Location.
4. The location of the storage tank shall comply with the Accessory Structures
requirements of Code of Webster Groves.
Section 1301.9.6 Access is amended by its deletion and replacement as follows:
Section 1301.9.6 Access.
Not less than one access opening shall be provided to allow inspection and cleaning of the
tank interior. Access openings shall have an approved locking device or other approved
method of securing access. Below-grade storage tanks, located outside of the building, shall
be provided with a manhole either not less than 24 inches (610 mm) square or with an
inside diameter not less than 24 inches (610 mm). Manholes shall extend not less than 4
inches (102 mm) above ground or shall be designed to prevent water infiltration. Finished
grade shall be sloped away from the manhole to divert surface water. Manhole covers shall
be secured to prevent unauthorized access. Service ports in manhole covers shall be not
less than 8 inches (203 mm) in diameter and shall be not less than 4 inches (102 mm) above
the finished grade level. The service port shall be secured to prevent unauthorized access.
EXHIBIT E
INTERNATIONAL FUEL AND GAS CODE
MODIFICATIONS, ADDITIONS, INSERTIONS AND CHANGES TO THE
2021 INTERNATIONAL FUEL AND GAS CODE
ADOPTED BY THE WEBSTER GROVES CITY COUNCIL
Section 109.6 Refunds is amended by its deletion.
EXHIBIT F
INTERNATIONAL FIRE CODE
MODIFICATIONS, ADDITIONS, INSERTIONS AND CHANGES TO THE
2021 INTERNATIONAL FIRE CODE
ADOPTED BY THE WEBSTER GROVES CITY COUNCIL
Section 102.6 Referenced codes and standards is amended by its deletion and replacement
as follows:
102.6 Referenced codes and standards.
The codes and standards referenced in this code shall be considered part of the
requirements of this code to the prescribed extent of each such reference (index: 0.1.86).
Where differences occur between provisions of this code and referenced codes or
standards, the provisions of this code shall apply (index: 0.1.86).
Exception: Where enforcement of a code provision would violate the conditions of the
listing of the equipment or appliance, the conditions of the listing and manufacturer's
instructions shall apply (index: 0.1.86).
Section 105 Permits is amended, for purposes of this section only, by the deletion and
replacement of all references to the term ‘Fire Code Official’ with ‘Webster Groves
Department of Planning and Development’.
Section 105.5 Required Operational Permits is amended by the addition of the following
permit categories:
105.5.5 Battery exchange.
An operational permit is required for facilities providing battery exchange programs or
equipment provided for the exchange of lithium-ion batteries.
105.5.28 Lithium-ion and lithium metal battery storage. An operational permit is
required for accumulation of more than 15 cubic feet of lithium-ion or lithium metal
batteries, other than batteries listed in the exceptions to Section 4303.1.
105.5.29 Lithium-ion and lithium metal battery research, testing, manufacturing, or
recycling. An operational permit is required for occupancies conducting research, testing,
manufacturing, or recycling of lithium-ion or lithium metal batteries as regulated by
Chapter 43.
Section 107.6 Refunds is amended by its deletion.
Section 113.4 Failure to comply is amended by its deletion and replacement as follows:
113.4 Failure to Comply.
Any person who shall continue any work after having been served with a stop work order,
except such work as that person is directed to perform to remove a violation or unsafe
condition, shall be guilty of an ordinance violation, punishable by a fine of not more than
one thousand dollars ($1000.00) or by imprisonment not exceeding ninety (90) days, or
both such fine and imprisonment. Each day that a violation continues after due notice has
been served shall be deemed a separate offense.
Section 202 General Definitions is amended by deleting the existing definitions under the
heading “BATTERY TYPES” and replacing them with the following:
BATTERY. A class of devices which contain materials that convert chemical energy into
electrical energy which then can be used as a power source. There are several technologies
that utilize a variety of materials and chemistries for the purpose of storing this
electrochemical energy for use when required.
Flow battery. A type of storage battery that includes chemical components dissolved in
two different liquids. Ion exchange, which provides the flow of electrical current, occurs
through the membrane while both liquids circulate in their respective spaces. (Includes
vanadium redox, zinc-bromine, polysulfide-bromide, and other flowing electrolyte-type
technologies).
Lead-acid battery. An aqueous storage battery that is comprised of lead electrodes (lead
dioxide is the active material for the positive anode and metallic lead is the active material
for the negative cathode), immersed in a solution of water and sulfuric acid electrolyte.
Common major classification distinctions (i.e., types) include vented lead-acid (VLA) and
valve-regulated lead-acid (VRLA). The VRLA is further subdivided into two types
representing the method in which the electrolyte is immobilized: either gelled (gel cell) or
absorbed in finely woven porous fiberglass mat (AGM) separators inside the battery
between the electrodes.
Lithium-ion battery. A storage battery with lithium ions serving as the charge carriers of
the battery. The electrolyte is a polymer mixture of carbonates with an inorganic flammable
organic salt and can be in a liquid or a gelled polymer form. Lithiated metal or mixed metal
oxides (e.g. cobalt [LCO], manganese [LMO], nickel-manganese-cobalt [NMC or NCM],
nickel-cobalt-aluminum [NCA] or iron phosphate [LFP]) typically make up the cathode
and forms of carbon or graphite (or lithium titanate oxide [LTO]) typically form the anode.
Lithium-sulfur rechargeable battery. A storage battery that is similar to the lithium-ion
battery except that it has a lithium metal anode in the place of the traditional carbon or
graphite anode. A lithium-sulfur battery is a secondary (rechargeable) battery that has
lithium metal at the anode, sulfur at the cathode, and the electrolyte is nonaqueous.
Nickel-cadmium (Ni-Cd) battery. An alkaline storage battery in which the positive active
material is nickel oxide, the negative electrode contains cadmium and the electrolyte is a
solution of water and potassium hydroxide.
Nickel-metal hydride (Ni-MH). An alkaline storage battery in which the positive active
material is nickel oxide, the negative electrode is an intermetallic compound and the
electrolyte is usually potassium hydroxide solution in water.
Electrochemical double layer capacitors (EDLCs). Devices, also referred to as
supercapacitors, that store energy using either ion adsorption (electrochemical double layer
capacitors) or fast surface redox reactions (pseudo-capacitors).
Hybrid supercapacitor Battery (Lithium-ion capacitor (LIC)). The lithium-ion
capacitor (LIC or LiC) is a hybrid type of capacitor classified as a type of supercapacitor.
It combines lithium-ion technology and electric double layer capacitor (EDLC)
construction.
Iron-air aqueous battery. The battery includes iron and air electrodes. Each of the cells
are filled with water-based, non-flammable alkaline electrolyte. The battery does not
present the risk of thermal runaway.
Lithium metal polymer battery. A storage battery that is similar to the lithium-ion battery
except that it has a lithium metal anode in the place of the traditional carbon or graphite
anode.
Nickel Iron (Ni-Fe). The battery has nickel (III) oxide-hydroxide positive plates and iron
negative plates, with an electrolyte of potassium hydroxide.
Nickel-hydrogen (NiH₂). The cells are a hybrid technology, combining elements from
both batteries and fuel cells. The battery differs from a nickel-metal hydride (NiMH)
battery by the use of hydrogen in gaseous form.
Nickel-Zinc (Ni-Zn). A battery that is chemically similar to the nickel-metal hydride
battery. The Ni-Zn battery uses an alkaline electrolyte (potassium hydroxide, KOH) and
zinc acts as the negative electrode while nickel hydroxide is the positive electrode.
Sodium nickel chloride (NaNiCl). A battery that is a member of the “high temperature”
family. Its cell contains sodium and nickel chloride electrodes, isolated by a beta-alumina
electrolyte.
Zinc-air aqueous battery. A battery that contains a zinc electrode and porous air electrode
separated by a membrane and an aqueous alkaline electrolyte.
Zinc bromide. A battery in which the cathode is made using zinc instead of lithium. The
electrolyte is water-based and does not pose a fire risk.
Zinc manganese dioxide (Zn-MnO₂). A battery that features a Zinc (Zn) anode and a
dioxide (MnO₂) cathode with a strongly basic electrolyte.
Section 202 General Definitions is further amended by adding the following definitions and
revising the definition of “FUEL-POWERED INDUSTRIAL TRUCK” to read as follows:
BATTERY-POWERED MICROMOBILITY DEVICES. Products or equipment that
include motorized bicycles, motorized scooters and other personal mobility devices
intended for one or more riders powered by a lithium-ion or lithium metal battery. The term
does not include automobiles and trucks built to DOT requirements.
BATTERY-POWERED APPLIANCE. A device or apparatus with an electric motor
powered by a battery.
BATTERY-POWERED INDUSTRIAL EQUIPMENT. A motorized hand truck, floor
scrubber or buffer or similar device with an electric motor intended to be personally driven
or guided, powered by a battery.
BATTERY-POWERED INDUSTRIAL TRUCK. A forklift, tractor, platform lift truck
or similar apparatus with an electric motor powered by a battery.
BATTERY-POWERED AUTOMATED MOBILE PLATFORMS (AMPs). A device
with an electric motor powered by a battery that provides an automated function involving
lifting, carrying, product picking, towing, and similar operations.
BATTERY-POWERED ROBOTIC EQUIPMENT. A machine or device with an
electric motor powered by a battery capable of automatically carrying out a complex series
of actions using computer programming.
FUEL-POWERED INDUSTRIAL EQUIPMENT. A motorized hand truck, floor
scrubber or buffer or similar device with an internal combustion engine intended to be
personally driven or guided, powered by a hydrogen fuel cell, flammable or combustible
liquid or flammable gas.
FUEL-POWERED INDUSTRIAL TRUCK. A forklift, tractor, platform lift truck or
similar apparatus powered by a hydrogen fuel cell, flammable or combustible liquid or
flammable gas. Powered industrial trucks do not include farm vehicles or automotive
vehicles for highway use.
PORTABLE POWER PACK. A moveable device that contains an integral or removable
battery, or batteries, that when charged are intended to provide temporary power to various
outputs of the device. This includes hand portable or wheeled devices. Portable power
packs are not intended to include devices regulated as mobile or portable Energy Storage
Systems (ESS).
Section 307.1.1 Prohibited open burning is amended by its deletion and replacement as
follows:
307.1.1 Prohibited Open Burning.
Open burning that is offensive or objectionable because of smoke or odor emissions or
when atmospheric conditions or local circumstances make such fire hazardous shall be
prohibited.
Exception: Prescribed burning for the purpose of reducing the impact of wildland fire when
authorized by the Fire Code Official.
Section 307.1 General is amended by the addition of the following new Subsection(s):
307.1.2 Yard Waste.
Open burning of leaves, residential brush, vegetation, or other yard waste is prohibited.
307.1.3 Trash or Refuse.
Open burning of residential or commercial trash or refuse is prohibited
307.1.4 Construction Material and Salvage Debris.
Open burning of construction and demolition materials, roofing materials, trash, rubbish,
or debris is prohibited. The open burning of rubber, plastics, petroleum-based products,
or insulated electrical wire for the purpose of salvaging or recovering raw metals is
strictly prohibited.
Section 307.2 Permit required is amended by its deletion and replacement as follows:
307.2 Permit Required.
A permit shall be obtained from the Fire Code Official, or his/her designee, prior to
kindling a fire for recognized silvicultural or range or wildlife management practices,
prevention or control of disease or pests, or a bonfire. Application for such approval shall
be presented only by and permits issued to the owner of the land upon which the fire is to
be kindled.
Section 307.3 Extinguishment authority is amended by its deletion and replacement as
follows:
307.3 Extinguishment Authority.
Where open burning creates or adds to a hazardous or objectionable situation, or a required
permit for open burning has not been obtained, the Fire Code Official, or his/her designee,
is authorized to order the extinguishment of the open burning operation.
Section 309 Powered Industrial Trucks and Equipment is amended by its deletion and
replacement as follows:
Section 309 Fuel-Powered Industrial Trucks and Equipment.
309.1 General. Fuel-powered industrial trucks and fuel-powered industrial equipment,
including but not limited to floor scrubbers and floor buffers, shall be operated and
maintained in accordance with Sections 309.2 through 309.7.
309.2 Use in hazardous (classified) locations. Powered industrial trucks used in areas
designated as hazardous (classified) locations in accordance with NFPA 70 shall be listed
and labeled for use in the environment intended in accordance with NFPA 505.
309.2.1 Fuel-powered industrial equipment. Fuel-powered industrial equipment shall
be listed for their intended use and shall be operated in accordance with their listing and
the manufacturer’s instructions.
309.3 Refueling. The refueling of fuel-powered industrial trucks and equipment shall be
conducted in accordance with Sections 309.3.1 through 309.3.3.
309.3.1 Fuel-dispensing equipment. Fuel-dispensing equipment shall be listed and
labeled or otherwise approved by the fire code official for the specific fuel type utilized.
309.3.2 Fuel-dispensing operations. Refueling operations shall be conducted outdoors
or in approved, dedicated indoor refueling areas engineered in accordance with Chapter
23. Refueling shall not be conducted in areas open to the public. Spills shall be
immediately contained and cleaned in an approved manner.
309.3.3 Indoor refueling fire extinguishers. Indoor refueling zones and fuel storage
areas shall be provided with a fire extinguisher complying with Section 906 and having a
minimum 4-A:20-B:C rating located within 20 feet (6096 mm) of the fueling apparatus.
309.4 Hydrogen-fueled industrial trucks. Fuel-powered industrial trucks utilizing
hydrogen as a fuel shall be operated and maintained in accordance with applicable
requirements in Chapter 23 of this code, the International Mechanical Code, and NFPA 2.
309.5 Autonomous fuel-powered industrial trucks. Autonomous fuel-powered
industrial trucks shall immediately return to an approved predetermined location upon
activation of the manual fire alarm system or automatic fire detection system and shall
remain stationary until manually reactivated following the reset of the fire alarm system.
309.6 Refueling. Powered industrial trucks using liquid fuel, LP-gas or hydrogen shall be
refueled outside of buildings or in areas specifically approved for that purpose. Fixed
fuel-dispensing equipment and associated fueling operations shall be in accordance with
Chapter 23. Other fuel-dispensing equipment and operations, including cylinder
exchange for LP-gas-fueled vehicles, shall be in accordance with Chapter 57 for
flammable and combustible liquids or Chapter 61 for LP-gas.
309.7 Repairs. Repairs to fuel systems, electrical systems and repairs utilizing open
flame or welding shall be done in approved locations outside of buildings or in areas
specifically approved for that purpose.
Section 503.1 Where required is amended by its deletion and replacement as follows:
503.1 Where Required.
Fire apparatus access roads shall be provided and maintained in accordance with Sections
503.1.1 through 503.1.3 and Appendix D.
Exception: The Fire Code Official may modify these requirements due to unique
conditions that comply with the intent of these provisions.
Section 505.1 Address Identification is amended by its deletion and replacement as follows:
505.1 Address Identification.
New and existing buildings shall have approved address numbers, building numbers, or
approved building identification placed in a position that is plainly legible and visible from
the street or road fronting the property. These numbers shall contrast with their background.
Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a
minimum of 6 inches (152 mm) high with a minimum stroke width of 0.75 inches (19 mm).
Where the building or structure or the building address is not visible from the public street
or road, or where the primary entrance is served by a private drive or access lane, address
identification shall also be provided on a freestanding sign or monument located near the
driveway entrance or access point from the street.
Such signage shall be clearly visible and maintained free of obstructions including
landscaping, fences, or parked vehicles.
Section 507.4 Water supply test is amended by the addition of the following new
Subsection(s):
507.4.1 Water Flow Tests.
Water flow tests for fire sprinkler systems shall be conducted between the hours of 8:00
A.M. and 4:30 P.M., Monday through Friday.
507.4.2 Water flow Safety Factor.
A safety factor shall be applied to all flow tests for fire sprinkler systems. A parallel curve
shall be drawn to the actual flow test curve that has been reduced by 10 percent of the static
pressure. A sprinkler system design shall not exceed the 10 percent curve.
Section 507 Fire Protection Water Supplies is amended by the addition of the following new
Subsection:
507.6 Color Coding of Public Fire Hydrants.
All public fire hydrant barrels are to be painted yellow. All fire hydrant bonnets are to be
painted as follows:
COLOR
WATER MAIN SIZE
Green:
Twelve (12) inch and larger
Orange:
Eight (8) and ten (10) inch
Red:
Six (6) inch and smaller
Section 901.6.1 Standards is amended by the addition of the following new Subsection(s):
901.6.1.1Standpipe Testing.
Building owners/managers must maintain and test standpipe systems as per NFPA 25
requirements. For manual (dry or wet) standpipe system not having an automatic water
supply capable of flowing water through the standpipe, the tester shall connect hose from
a fire hydrant or portable pumping system (as approved by the Fire Code Official) to each
FDC, and flow water through the standpipe system to the roof outlet to verify that each
inlet connection functions properly. Confirm that there are no open hose valves prior to
introducing water into a dry standpipe. There is no required pressure criteria at the outlet.
Verify that check valves function properly and that there are no closed control valves on
the system.
901.6.1.2 Compliance Tagging.
Upon completion of the standpipe testing, the testing contractor shall affix an approved
color-coded tag directly to the main control valve or the fire department connection (FDC)
to indicate system status as follows:
1. Green Tag: The system has passed all testing requirements and has no deficiencies.
2. Yellow Tag: The system has non-critical deficiencies that do not impair operation,
requiring correction within 30 days.
3. Red Tag: The system is impaired, non-functional, or has a critical deficiency that
poses an immediate life-safety hazard.
Section 901.6.3 Records is amended by the addition of the following new Subsection(s):
901.6.3.2 Records Copies to Fire Code Official.
Within sixty (60) days of the completion of the required system inspections, tests and
maintenance a copy of the report shall be forwarded to the official fire code.
Section 907.5 Occupant Notification is amended by the addition of the following new
Subsection:
907.5.3 Notification at Fire Department Connection.
An approved exterior audible and visual fire alarm notification appliance shall be installed
above all fire department connections. This device shall activate upon a water flow fire
alarm signal only. This device shall be visible from the closest fire apparatus access road
and installed at an approved location.
Chapter 12 Energy Systems is amended by its deletion and replacement as follows:
Chapter 12 Energy Systems.
All provisions, requirements, and regulations for energy systems shall be in accordance
with Chapter 12 of the 2024 edition of the International Fire Code.
Chapter 12 Energy Systems is amended by the addition of the following new Subsection:
1201.1.1 Cross-Edition References.
Where any provision, calculation, threshold, or requirement of Chapter 12 of the 2024
International Fire Code references, invokes, or relies upon a definition found in Chapter 2,
or a referenced standard found in Chapter 80, the corresponding definition or standard from
the 2024 edition of the International Fire Code shall apply specifically to those energy
systems.
The International Fire Code is amended by adding Chapter 43 and Section 1209 by reference
as follows:
Chapter 43 Batteries.
The provisions designated as Chapter 43 Batteries in Part 2 of the publication titled
“Lithium-Ion Battery Safety in the Built Environment: Early Release of the Chapter 43
Battery Provisions of the Forthcoming 2027 International Fire Code,” First Printing, 2026,
published by the International Code Council (ICC), are incorporated by reference and shall
have the same force and effect as if set forth in full herein.
Section 1209 Portable Power Packs.
Section 1209 Portable Power Packs, as contained in Part 2 of the same ICC publication, is
incorporated by reference and shall have the same force and effect as if set forth in full
herein.
Only the Chapter 43 and Section 1209 code provisions contained in Part 2 of the identified
ICC publication are incorporated by reference. The guidance material contained in Part 1
is not adopted as part of the City’s code.
Section 5608.1 General is amended by the addition of the following new Subsection:
5608.1.1 Permit and Bond for Fireworks Display.
The Fire Code Official may, upon written application, permit a public display of fireworks
at any time including but not limited to the fourth of July. Such permit may not be issued
unless the Fire Code Official is satisfied that the proposed display will be supervised by
responsible persons and will be of such character and so located that it will not constitute
a hazard to property or endanger the life or limb of any person. The Fire Code Official
may, at its discretion, as a condition of granting any such permit, provide such rules and
regulations as to the character and quantity of fireworks, and manner of using them, as well
as insurance, location and supervision of the proposed display, as in the opinion of the Fire
Code Official will best insure safety to both persons and property. The permit holder shall
furnish a bond or certificate of insurance in an amount deemed adequate by the Fire Code
Official for the payment of all potential damages to a person or persons or to property by
reason of the permitted display, and arising from any acts of the permit holder, the agent,
employees or subcontractors. The bond or certificate of insurance shall name the City of
Webster Groves as additionally insured.
Section 5704.2.9.6.1 Locations where above-ground tanks are prohibited is amended by its
deletion and replacement with the following:
5704.2.9.6.1 Locations Where Above-Ground Tanks are Prohibited.
Storage of Class I and II liquids in above-ground tanks outside of buildings is prohibited
unless otherwise specifically approved by the Building Commissioner.
Section 6104.1 General is amended by its deletion and replacement with the following:
6104.1 General.
The storage and handling of LP-gas and the installation and maintenance of related
equipment shall comply with NFPA 58 and be subject to the approval of the official fire
code.
Section 6104.2 Maximum Capacity within Established Limits is amended by its deletion.
Chapter 80 Referenced Standards is amended by adding the following referenced
standards, each in its current edition:
UL 1487 Standard for Evaluation of Lithium-ion Battery Manufacturing Facilities
UL 2272 Standard for Electrical Systems for Personal E-Mobility Devices
UL 2595 General Requirements for Battery-Powered Appliances
UL 2743 Standard for Portable Power Packs
UL 2849 Standard for Electrical Systems for E-Bikes
UL 3100 Standard for Automated Mobile Platforms (AMPs)
UL 3300 Standard for Service, Communication, Information, Education, and
Entertainment Robots
UL 4900 Standard for Lithium-Ion Battery Recycling Facilities
UL 9540A Test Method for Evaluating Thermal Runaway Fire Propagation in Battery
Energy Storage Systems
C101 General of Appendix C, Fire Hydrant Location And Distribution, is amended by the
addition of the following new Subsection:
C101.2 Definitions.
Structure. For the purposes of this Appendix, a structure shall not include minor
residential structures including but not limited to fences (both residential and nonresidential), arbors, sheds, toys (swing sets, playhouses, etc.), or cell towers.
Adjoining ground. For the purposes of this Appendix, adjoining ground shall mean any
surface within 3 feet of the fire hydrant.
C103.1 Hydrant Spacing is amended by the addition of the following new Subsection(s):
C103.1.1 Single-Family and Two-Family Residential Properties.
1. No fire hydrant shall be distant more than 600 feet from another fire hydrant.
2. No structure shall be erected where any point along the perimeter of such
structure is more than 500 feet from an existing fire hydrant.
3. In measuring the distances set forth in 1 and 2 above, such distances shall be
measured only over all weather streets, roads, driveways or paved all weather
parking areas.
C103.1.2 Commercial and Industrial Properties.
1. A fire hydrant shall be provided every 300 feet, and no fire hydrant shall be
distance more than 300 feet from the nearest fire hydrant.
2. No point along the perimeter of any structure shall be more than 300 feet distant
from a fire hydrant.
3. Notwithstanding the provisions 1 and 2 above, each structure shall have not less
than 3 fire hydrants located within 1,000 feet of such structure. Any fire hydrants
installed within such 1,000 feet of the building or structure shall:
a. Have one of such fire hydrants within 300 feet of the building or structure.
b. One additional fire hydrant within 500 feet of the building or structure.
Section C104 Consideration of Existing Fire Hydrants is amended by the addition of the
following new Subsection(s):
C104.2 Minimum Size of Water Mains Serving Fire Hydrants.
All water mains serving fire hydrants shall be installed in accordance with the following
minimum standards.
1. Single family and two-family structures shall have water mains not less than 8
inches in diameter, except that if such main is connected to the water system in
more than 1 location, such main may be reduced to not less than 6 inches.
2. All other structures within the scope of this ordinance shall be served by water
mains having fire hydrants thereon, which water mains shall not be less than 8
inches in diameter. Larger mains shall be provided as required by the fire
department.
3. Notwithstanding the provisions of 1 and 2 above, single leads to the fire hydrants
may be served with a water main of not less than 6 inches in diameter so long as
such lead main is not greater than 300 feet in length.
4. The minimum fire flow from a single fire hydrant in any Use Group shall be
1,500 gallons per minute at 20 psi residual pressure.
Exception: On existing public and private water mains, sufficient water supply for
hydrants shall be provided such that hydrants are capable of flowing a minimum
of 500 gallons per minute with 20 psi residual pressure for 15 minutes. Additional
water supply may be required by the fire department.
5. The minimum fire flow from multiple fire hydrants in any Use Group shall be
1,500 gallons per minute at 20 psi residual pressure as measured at the most
hydraulically remote fire hydrant.
Exception: On existing public and private water mains, sufficient water supply for
hydrants shall be provided such that hydrants are capable of flowing a minimum
of 500 gallons per minute with 20 psi residual pressure for 15 minutes. Additional
water supply may be required by the fire department.
Section C105 Consideration of Existing Fire Hydrants is amended by the addition of the
following new Subsection(s):
C105.2 Hydrant Location.
Fire hydrants shall be placed in accordance with the following specifications:
1. For average conditions, hydrants should be placed 50 feet from the building
protected. When it is impractical to place them at this distance, they may be put
nearer, provided they are set in locations where the chance of injury by falling
walls is minimal, and from which fire department personnel are not likely to be
driven away by smoke or heat.
2. All fire hydrants should be located on or adjacent (within 20 feet) to all weather
streets, roads, driveways, or parking areas. In parking or traffic areas, fire
hydrants should be located on islands or otherwise protected from the traffic and
available to the fire apparatus at all times.
3. In setting hydrants due regard should be given to final grade plane. The fire
department connection shall be located not less than 18 inches nor more than 48
inches above the level of the adjoining ground, sidewalk, or grade surface.
4. There shall be a hydrant within 150 feet of the fire department connection of
buildings with sprinkler systems. The Fire Marshall shall be permitted to require a
distance closer than 150 feet.
C105.3 Water Hydrant Supply Control Valve.
Each fire hydrant shall be provided with a control valve on the hydrant connection such
that the hydrant can be removed from service without shutting off water supply to other
fire hydrants. Control valves not required on hydrants of a looped water main less than 8
inches in diameter and such water main has a control valve every 1200 feet or less.
C105.4 Fire Hydrant Standards.
All fire hydrants installed within the jurisdiction of the Webster Groves Fire Department
from and after the effective date of this ordinance shall each have not less than (2) 2 ½
inch outlets and (1) 4 ½ inch outlet and shall be of breakaway design, frost free with
chain, left hand open design and have National Standard threads.
Appendix C, Fire Hydrant Location And Distribution, is amended by the addition of the
following new Subsection:
C106 Fire Hydrant Obstruction.
It shall be unlawful for any person, persons, firm, partnership or corporation to damage,
deface, obstruct, obscure from view or restrict access to any fire hydrant whether the
same is located on a public way, public or private lands. No parking within 10 feet of a
hydrant. Maintain clear area of 3 feet from hydrants.
C108 Tampering with Fire Hydrant.
It shall be unlawful for any person to use or operate a fire hydrant for any purpose other
than the suppression of a fire. This provision shall not apply to employees of the City of
Webster Groves or Missouri American Water employees. All other persons shall obtain a
permit to draw water from a fire hydrant. (water meter, back flow preventer).
EXHIBIT G
INTERNATIONAL ENERGY CONSERVATION CODE
MODIFICATIONS, ADDITIONS, INSERTIONS AND CHANGES TO THE
2021 INTERNATIONAL ENERGY CONSERVATION CODE
ADOPTED BY THE WEBSTER GROVES CITY COUNCIL
Section C102.1.2 Conflict, Precedence, and Cross-Reference Interpretation.
Wherever the 2021 International Building Code (IBC) or 2021 International Residential Code
(IRC) references, invokes, or relies upon any provisions, tables, calculations, definitions, or code
sections found in Chapter 13 of the IBC, Chapter 11 of the IRC, or the 2021 International Energy
Conservation Code (IECC), the corresponding provisions, tables, and criteria of the 2015 edition
of the International Energy Conservation Code (IECC), as set forth in Exhibits G-1, G-2, G-3, and
G-4 herein, shall take absolute precedence and apply.
Any numerical or alphanumeric section references to energy compliance throughout the 2021 base
codes shall be automatically mapped to the equivalent provisions of the 2015 IECC framework. In
the event of an operational or structural conflict between the text of the 2021 base codes and the
2015 tables appended here, the 2015 tables and their historical application protocols shall govern.
Section C104.5 Refunds is amended by its deletion.
Section C402.1.3 Insulation component R-value-based method of the IECC Commercial
Provisions (IECC-CE) is amended by its deletion and replacement with the following:
C402.1.3 Insulation component R-value-based method. Opaque thermal envelope
assemblies shall comply with the R-value requirements specified in Table C402.1.3 of the
2015 International Energy Conservation Code, as set forth in Exhibit G-1 attached
hereto and incorporated herein by reference. This amendment restores the 2015 R-value
minimums for all occupancy groups and eliminates the 2021 efficiency increases for roofs,
walls, and floors.
Section C402.1.4 Assembly U-factor, C-factor or F-factor-based method of the IECC
Commercial Provisions (IECC-CE) is amended by its deletion and replacement with the
following:
C402.1.4 Assembly U-factor, C-factor or F-factor-based method. Opaque thermal
envelope assemblies shall comply with the U-, C-, and F-factor requirements specified
in Table C402.1.4 of the 2015 International Energy Conservation Code, as set forth in
Exhibit G-2 attached hereto and incorporated herein by reference. This amendment restores
the 2015 assembly performance maximums, replacing the more restrictive 2021 U-factor
limits.
Section R102.1.2 Conflict, Precedence, and Cross-Reference Interpretation.
Wherever the 2021 International Building Code (IBC) or 2021 International Residential Code
(IRC) references, invokes, or relies upon any provisions, tables, calculations, definitions, or code
sections found in Chapter 13 of the IBC, Chapter 11 of the IRC, or the 2021 International Energy
Conservation Code (IECC), the corresponding provisions, tables, and criteria of the 2015 edition
of the International Energy Conservation Code (IECC), as set forth in Exhibits G-1, G-2, G-3, and
G-4 herein, shall take absolute precedence and apply.
Any numerical or alphanumeric section references to energy compliance throughout the 2021 base
codes shall be automatically mapped to the equivalent provisions of the 2015 IECC framework. In
the event of an operational or structural conflict between the text of the 2021 base codes and the
2015 tables appended here, the 2015 tables and their historical application protocols shall govern.
Section R402.1.2 Insulation and fenestration criteria of the IECC Residential Provisions
(IECC-RE) is amended by its deletion and replacement with the following:
R402.1.2 Insulation and fenestration criteria. The building thermal envelope shall meet
the U-factor and fenestration requirements specified in Table R402.1.4 of the 2015
International Energy Conservation Code, as set forth in Exhibit G-3 attached hereto and
incorporated herein by reference. This amendment restores 2015 maximum assembly Ufactors, effectively replacing the more stringent 2021 requirements found in Table
R402.1.2.
Section R402.1.3 R-value alternative of the IECC Residential Provisions (IECC-RE) is
amended by its deletion and replacement with the following:
R402.1.3 R-value alternative. Insulation R-values shall be not less than those specified
in Table R402.1.2 of the 2015 International Energy Conservation Code, as set forth in
Exhibit G-4 attached hereto and incorporated herein by reference. This amendment
replaces the 2021 Table R402.1.3 and removes 2021 mandates for increased ceiling
insulation (e.g., R-60) and continuous insulation requirements for wood-framed walls in
Climate Zones 4 and 5.
EXHIBIT G-1
COMMERCIAL R-VALUE TABLE
(To be attached to Section C402.1.3 of the IECC-CE)
Contains Table C402.1.3: Opaque Thermal Envelope Insulation Component Minimum
Requirements, R-value Method (2015 IECC).
[THIS SPACE INTENTIONALLY LEFT BLANK]
EXHIBIT G-2
COMMERCIAL U-FACTOR TABLE
(To be attached to Section C402.1.4 of the IECC-CE)
Contains Table C402.1.4: Opaque Thermal Envelope Assembly Maximum Requirements,
U-factor, C-factor, or F-factor Method (2015 IECC).
EXHIBIT G-3
RESIDENTIAL U-FACTOR TABLE
(To be attached to Section R402.1.2 of the IECC-RE)
Contains Table R402.1.4: Equivalent U-factors (2015 IECC).
[THIS SPACE INTENTIONALLY LEFT BLANK]
EXHIBIT G-4
RESIDENTIAL R-VALUE TABLE
(To be attached to Section R402.1.3 of the IECC-RE)
Contains Table R402.1.2: Insulation and Fenestration Requirements by Component (2015
IECC).
EXHIBIT H
INTERNATIONAL EXISTING BUILDING CODE
MODIFICATIONS, ADDITIONS, INSERTIONS AND CHANGES TO THE
2021 INTERNATIONAL EXISTING BUILDING CODE
ADOPTED BY THE WEBSTER GROVES CITY COUNCIL
Section 104.2.1 Determination Of Substantially Improved Or Substantially Damaged
Existing Buildings And Structures In Flood Hazard Areas. is amended by its deletion and
replacement as follows:
104.2.1 Determination of Substantially Improved or Substantially Damaged Existing
Buildings and Structures in Flood Hazard Areas.
For applications for reconstruction, rehabilitation, repair, alteration, addition, or other
improvement of existing buildings or structures located in flood hazard areas, the Building
Commissioner shall determine if the proposed work constitutes substantial improvement
or repair of substantial damage. Where the Building Commissioner determines that the
proposed work constitutes substantial improvement or repair of substantial damage, and
where required by this code, the Building Commissioner shall require the building to meet
the requirements of Chapter 80 of the Code of Webster Groves.
For purposes of this determination, market value of the structure shall be established as the
value of the structure, exclusive of land, immediately prior to the damage event or
commencement of the improvement. Market value shall be determined using the following
hierarchy of evidence: (1) an independent appraisal prepared in accordance with Uniform
Standards of Professional Appraisal Practice (USPAP) by a Missouri licensed appraiser;
(2) the improvement value shown on the St. Louis County Department of Revenue
assessment roll for the most recent tax year preceding the event; or (3) other reliable
valuation data acceptable to the Building Commissioner where the foregoing is
unavailable. The Building Commissioner shall apply this methodology uniformly in all
determinations under this section.
Section 105.2 Work Exempt From Permit is amended by its deletion and replacement as
follows:
Section 105.2 Work Exempt from Permit.
Work exempt from permit under this code shall be the same as work exempt from permit
under Section R105.2 of the International Residential Code for structures within the scope
of that code and Section 105.2 of the International Building Code for all other structures,
as adopted and amended by the City.
Section105.2.2 Repairs is amended by its deletion and replacement as follows:
Section105.2.2 Repairs.
Application or notice to the Building Commissioner is not required for ordinary repairs to
structures, replacement of lamps or the connection of approved portable electrical
equipment to approved permanently installed receptacles.
Such repairs shall not include the cutting away of any wall, partition or portion thereof, the
removal or cutting of any structural beam or load-bearing support, or the removal or change
of any required means of egress, or rearrangement of parts of a structure affecting the egress
requirements or replacement of windows; nor shall ordinary repairs include addition to,
alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage,
drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other
work affecting public health or general safety.
Section 105.3 Application for Permit is amended by its deletion and replacement as follows:
Section 105.3 Application for Permit.
Applications for permits under this code shall comply with the requirements of Section
R105.3 of the International Residential Code for structures within the scope of that code
and Section 105.3 of the International Building Code for all other structures, as adopted
and amended by the City. The application shall identify the applicable classification of
work under this code, including but not limited to repairs, alterations, additions,
relocations, changes of occupancy, or other work regulated by this code, where such
classification is necessary for the determination of code compliance.
Section 105.5 Expiration is amended by its deletion and replacement as follows:
Section 105.5 Expiration.
Permits issued under this code shall be subject to the expiration, extension, suspension,
revocation, and renewal provisions of Section R105.5 of the International Residential Code
for structures within the scope of that code and Section 105.5 of the International Building
Code for all other structures, as adopted and amended by the City.
Section 105 Permits is amended by the addition of Subsection 105.8 to read as follows:
105.8 Outstanding Obligations and Violations.
Permits issued under this code shall be subject to the requirements of Section R105.8 of
the International Residential Code for structures within the scope of that code and Section
105.8 of the International Building Code for all other structures, as adopted and amended
by the City.
Section 106.2.6 Site Plan amended by its deletion and replacement as follows:
Section 106.2.6 Boundary Survey.
Submittals under this code shall comply with the requirements for site plan or boundary
survey set forth in Section R106.2 of the International Residential Code for structures
within the scope of that code and Section 106.2 of the International Building Code for all
other structures, as adopted and amended by the City, including any requirement for a
boundary survey and associated information as specified therein.
Section 108.4 Work Commencing Before Permit Issuance amended by its deletion and
replacement as follows:
Section 108.4 Work Commencing Before Permit Issuance.
Any work commenced under this code prior to issuance of a required permit shall be
subject to the requirements of Section R108.6 of the International Residential Code for
structures within the scope of that code and Section 108.6 of the International Building
Code for all other structures, as adopted and amended by the City, including any
investigation fee and related procedures for work commenced without a permit.
Section 108.6 Refunds is amended by its deletion.
Section 110.1 Change of Occupancy is amended by its deletion and replacement as follows:
A structure shall not be used or occupied in whole or in part, and a change of occupancy of a
structure or portion thereof shall not be made until the Building Commissioner has issued a
certificate of occupancy therefor as provided herein and as required by Chapter 30 Housing of the
Webster Groves Code of Ordinances. Issuance of a certificate of occupancy shall not be construed
as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction.
Certificates presuming to give authority to violate or cancel the provisions of this code or other
ordinances of the jurisdiction shall not be valid.
Exception: Certificates of occupancy are not required for work exempt from permits in
accordance with Section 105.2.
Section 202, Definitions, add the following:
MARKET VALUE. The value of the structure, exclusive of land value, as of immediately
prior to the damage event or commencement of the improvement (See 104.2.1).
Amend Section 302 General to add Section 302.7 to read as follows
302.7 Underground Electrical Trench Backfill Protection.
In addition to the provisions of Section 302.2 and NFPA 70 Section 300.5(F), underground
electrical raceways and conductors shall be inspected after installation and before
placement of backfill. Where excavated material contains sharp rock, broken concrete,
frozen material, heavy rubble, or other debris capable of damaging raceways, cables, or
conductors, such material shall not be used as the immediate backfill. Approved bedding
and initial backfill consisting of clean sand, selected smooth earth, or other approved
material shall be placed around the raceway or conductors in accordance with NFPA 70
Section 300.5(F) before placement of the remaining backfill.
Amend Section 307 Smoke Alarms to add Section 307.2 to read as follows
307.2 Smoke Alarm Primary Power Source Routing.
Hardwired smoke alarms required within dwelling units undergoing repairs, alterations,
additions, or relocations shall not be connected as the sole, isolated load on a dedicated
branch circuit. Primary power shall be supplied from a shared branch circuit serving
general lighting loads or lighting outlets within frequently used habitable spaces of the
same dwelling unit.
EXHIBIT I
INTERNATIONAL PROPERTY MAINTENANCE CODE
MODIFICATIONS, ADDITIONS, INSERTIONS AND CHANGES TO THE
2021 INTERNATIONAL PROPERTY MAINTENANCE CODE
ADOPTED BY THE WEBSTER GROVES CITY COUNCIL
Section 104.2 Refunds is amended by its deletion.
Section 109 Violations is amended by the addition of the following:
109.6 Coordination with Housing Code Regulations.
The administrative and field enforcement mechanisms of this technical code shall function
in direct coordination with the municipal requirements set forth under Chapter 30, Article
IV of the Code of Webster Groves.
109.4.1 Unlawful Entry, Transfer, and Occupancy.
In strict compliance with Sec. 30.620, it shall be an immediate violation of this code for
any owner, agent, buyer, tenant, or occupant, both jointly and severally, to occupy, or
permit the occupancy of any structure, or to cause the movement of furniture, equipment,
personal property, or commercial inventory into a premise, prior to the formal issuance of
a valid Permit to Occupy by the Building Commissioner.
109.4.2 Outstanding Notices Run with the Land.
Pursuant to Sec. 30.620, all outstanding Notices of Violation or Compliance Orders issued
under this technical code shall run with the land. Any subsequent purchaser, transferee, or
lessee takes title or physical possession subject to such outstanding notices and shall be
legally bound by them as of the exact date of transfer without requiring secondary or
redundant service of notice by the City.
109.4.3 Administrative Denials for Non-Registration and Agent Violations.
In accordance with Sec. 30.670, the Building Commissioner shall deny the scheduling of
any safety inspection and withhold the processing or issuance of any Permit to Occupy
under this code for any Residential Rental Property found to be in violation of the Annual
Landlord Registration requirements detailed in Sec. 30.650. This administrative bar
includes the explicit failure of an out-of-boundary property owner to register a qualified
local agent who maintains a physical residence or operational place of business within the
City of St. Louis, St. Louis County, or any Missouri county immediately contiguous thereto
(specifically limited to the counties of St. Charles, Jefferson, and Franklin), as strictly
mandated by Sec. 30.650(H).
109.4.4 Right of Entry and Emergency Orders.
The joint inspection authorities, administrative search warrant protocols, and immediate
safety mitigation powers executed under this code shall conform to the procedural due
process and emergency protections established under Sec. 30.690(A) and Sec. 30.690(B)
of the City Code.
109.4.5 Electrical System Hazard Conditions – Knob-and-Tube and Aluminum
Branch-Circuit Wiring.
A. Life-Safety Hazard Classification.
1. Knob-and-Tube Wiring: The mere presence of operational knob-and-tube wiring
shall not automatically constitute a life-safety deficiency. It shall be classified as a
life-safety hazard only if a visual inspection reveals apparent physical degradation,
fraying, brittle insulation, bare conductors, improper splicing, or unsafe alterations
(such as overfusing or bridging).
2. Aluminum Branch-Circuit Conductors: Active aluminum branch-circuit wiring
supplying 15- or 20-ampere, 120-volt circuits shall be classified as a life-safety
hazard if a visual evaluation reveals overt signs of overheating, arcing, loose
terminations, or improper splicing mechanisms at readily accessible connections.
3. Enforcement Effect: Conditions meeting the hazard criteria under subclauses (1) or
(2) shall be treated as life-safety deficiencies for the purposes of Chapter 30 changeof-occupancy enforcement and shall disqualify a structure from receiving a
Conditional Permit to Occupy under Sec. 30.640(A), unless the affected wiring has
been permanently de-energized, abandoned in place in accordance with NFPA 70
Section 394.10(C), or corrected in accordance with NFPA 70 prior to permit
issuance.
B. Mandatory Disclosures by Age.
1. Knob-and-Tube: The owner, seller, lessor, or authorized agent applying for an
occupancy permit for any structure constructed prior to 1960 shall disclose, to the
best of their knowledge, the presence of knob-and-tube wiring on the application
forms provided by the City.
2. Aluminum Wiring: The owner, seller, lessor, or authorized agent applying for an
occupancy permit for any structure constructed or structurally modified between
1965 and 1978 shall disclose, to the best of their knowledge, the presence of solid
aluminum branch-circuit conductors on the application forms provided by the City.
C. Strict Non-Invasive Inspection Scope. Every pre-occupancy safety inspection
conducted under this Article shall be entirely non-invasive. The visual evaluation of
electrical wiring under IPMC Sections 604.3.3 and 604.3.4 is strictly limited to
components that are visible and accessible without removal of device or panel covers,
wall or ceiling finishes, floor boards, insulation, or other fixed building infrastructure.
Nothing in this code authorizes or requires code officials to open electrical panels,
remove outlet/switch faceplates, or conduct any invasive testing of the electrical
system. This subsection does not limit the technical scope of inspection applicable to
work performed under an active building or electrical permit, which remains governed
by NFPA 70.
D. Liability Limitation and Disclaimers. The issuance of a Permit to Occupy,
Conditional Permit to Occupy, or Certificate of Compliance under Chapter 30 does not
constitute a representation, warranty, or engineering certification by the City that the
electrical system is safe, operational, or entirely free of defects under IPMC Sections
604.3.3 or 604.3.4, or that the structure fully complies with NFPA 70, where such
conditions are hidden, latent, or concealed outside the non-invasive inspection scope
described in Subsection C. This code does not impose a municipal duty to discover
concealed electrical defects, and no liability shall arise against the City, the Building
Commissioner, or any code official for a failure to identify conditions not reasonably
observable during a standard visual walk-through inspection.
Section 109.5 Abatement of violation is amended by the addition of Subsection 109.5.1 as
follows:
109.5.1 City abatement; recovery of costs. When the City elects to correct or abate a
violation of this Code through work performed by or on behalf of the City, the correction
or abatement, billing for the costs thereof, and recovery of unpaid costs shall be conducted
in accordance with the applicable provisions of Chapter 31 of the Code of Ordinances
governing nuisance abatement, including, as applicable, the assessment of costs and
issuance of a special tax bill against the property. The City's exercise of this authority shall
be in addition to, and shall not preclude any other remedy available under this Code or the
Code of Ordinances.
Section 113.1 General is amended by the addition of Subsections 113.1.1 through 113.1.6 as
follows:
113.1.1 Demolition Permit Required.
No person shall commence, cause, authorize, or permit the demolition of any structure,
building, foundation, or portion thereof without first obtaining a demolition permit from
the Director of Planning and Development or the Director's authorized designee.
113.1.2 Site Restoration Following Demolition.
Upon completion of demolition activities, the property owner shall restore the site in
accordance with this Section and any conditions of permit approval. All structures,
foundations, footings, slabs, debris, and appurtenances shall be removed from the property
unless specifically authorized in writing by the Building Commissioner.
All utility services, tanks, vaults, and other underground improvements shall be removed
and not abandoned in place unless otherwise approved in writing by the Building
Commissioner or another authority having jurisdiction.
113.1.3 Backfill Requirements.
All excavations, basements, cellars, foundation voids, and other depressions resulting from
demolition activities shall be backfilled and compacted to prevent settlement and to restore
the site to a safe and stable condition.
Backfill material shall be free of construction debris, refuse, asphalt, brick fragments,
concrete rubble, frozen materials, organic matter, vegetation, roots, and other deleterious
materials.
Concrete masonry units, stone, or similar inert materials may be utilized as backfill
provided that:
1) No individual piece exceeds six (6) inches in its greatest dimension; and
2) Such material is not placed within the upper twenty-four (24) inches of the finished
grade.
The upper twenty-four (24) inches of backfill shall consist of clean soil suitable for the
establishment and maintenance of vegetation.
113.1.4 Finish Grade Stabilization.
The finished grade shall:
1) Be stabilized with turf grass or other approved vegetative cover capable of routine
maintenance using conventional mowing equipment;
2) Prevent erosion, excessive settlement, and unsafe conditions;
3) Be graded to prevent the collection of standing water, except within an approved
stormwater management facility;
4) Be graded so as not to concentrate or redirect stormwater runoff onto adjacent
public or private property in a manner that creates flooding, erosion, nuisance
conditions, or property damage; and
5) Comply with all applicable provisions of the City's stormwater, grading, and land
disturbance regulations.
Until permanent vegetation is established, erosion and sediment control measures shall be
installed and maintained in accordance with the City's Land Disturbance Code.
Exception: Approved stormwater detention, retention, or other stormwater
management facilities constructed in accordance with an approved plan.
113.1.5 Utility Disconnection and Removal.
Unless otherwise approved in writing by the Building Commissioner and the applicable
utility provider, all utility services shall be permanently disconnected and capped at the
main. All portions of utility infrastructure located on private property and under the
responsibility of the property owner shall be removed.
Prior to the commencement of full and complete removal of the structure, structural
demolition, or any building collapsing activities, the electrical utility purveyor shall
physically remove all service-drop or service-lateral conductors from the building in
accordance with Section 230.85(D) of the electrical code. Written verification of line
removal from the utility purveyor, or an on-site physical verification by the building
department, shall be required prior to the authorization of structural demolition activities.
113.1.6 Temporary Abandonment of Utilities.
Where a property owner or developer elects to temporarily abandon an existing water
service, sewer lateral, or both for future reuse, a utility restoration deposit of four thousand
dollars ($4,000.00) shall be provided to the City prior to issuance of the demolition permit.
The deposit amount shall be required regardless of whether one utility or both utilities are
temporarily abandoned.
No water service, sewer lateral, or other utility service temporarily abandoned pursuant to
this Section shall remain abandoned for more than six (6) months following completion of
demolition activities. Prior to expiration of the six-month period, the utility service shall
either:
1) Be reactivated pursuant to all applicable City and utility requirements; or
2) Be permanently removed in accordance with this Section;
Failure to comply within the required time period shall result in forfeiture of the deposit to
the City. Forfeiture of the deposit shall not relieve the property owner or developer of the
obligation to remove, reconnect, or otherwise bring the utility into compliance.
Exception: The Building Commissioner shall be permitted to waive or reduce the
deposit requirement upon a written determination that the proposed redevelopment
will commence within six (6) months and that the public health, safety, and welfare
are adequately protected.
Chapter 1 Scope and Administration is amended by the addition of Section 114 et seq. as
follows:
114 Authority to disconnect.
The Building Commissioner shall have the authority to authorize disconnection of utility
service to any building, structure, or system regulated by this code, regardless of whether
the structure is occupied, vacant, or undergoing alteration.
114.1 Grounds for Disconnection.
The Building Commissioner is empowered to order immediate disconnection of utilities
under any of the following conditions:
1) In case of emergency where necessary to eliminate an immediate hazard to life or
property.
2) Where a utility connection or power generation source has been made without the
required permits and approvals.
3) Where any electrical wiring, equipment, infrastructure, or alternative power
generation array is found to be installed, altered, or maintained in violation of
NFPA 70 (National Electrical Code) as locally adopted, thereby presenting an
unmitigated risk of fire, shock, or hazardous utility backfeeding.
114.2 Notice.
The Building Commissioner shall provide notice of the utility disconnection to the serving
utility, the owner, and the occupants of the premises. In cases of immediate life-safety
emergencies, such notice may be given as soon as practical after the disconnection has
occurred.
Section 302.2 Grading and Drainage is amended by its deletion and replacement as follows:
302.2 Grading and Drainage.
All premises shall be graded and maintained to prevent erosion, ponding, stagnant water,
and the accumulation of water that may adversely affect structures or adjoining public or
private property. Surface drainage shall be maintained to direct stormwater away from
building foundations and prevent moisture intrusion, foundation damage, soil instability,
or other unsafe conditions.
Downspouts, scuppers, splash blocks, drains, or other roof drainage devices shall discharge
in a manner that:
1) Directs water away from the building foundation and prevents moisture intrusion,
foundation deterioration, settlement, or structural damage;
2) Prevents soil erosion, excessive soil saturation, ponding, and other drainage-related
conditions;
3) Does not concentrate or discharge stormwater onto adjoining public or private
property in a manner that causes or contributes to flooding, erosion, property
damage, nuisance conditions, or unsafe conditions; and
4) Does not discharge directly onto a public sidewalk, street, alley, or other public way
except where specifically authorized by the City.
Roof runoff and other stormwater shall be managed through gutters, downspouts, drains,
grading, or other approved drainage systems designed and maintained to prevent erosion,
concentrated flows, flooding, or adverse impacts to adjoining property or public
infrastructure.
Drainage systems and discharge points shall not direct or concentrate stormwater onto
adjoining public or private property in a manner that causes or contributes to flooding,
erosion, property damage, nuisance conditions, or unsafe conditions.
Roof runoff may be directed to an approved stormwater management facility, rain garden,
infiltration area, retention basin, detention basin, cistern, natural drainageway, or other
approved stormwater management practice.
Drainage devices shall discharge at a location that does not adversely affect adjacent
property and, where practicable, shall terminate not less than ten (10) feet from a property
line. The Building Commissioner may approve alternative drainage arrangements where
site conditions, lot dimensions, topography, existing development patterns, or other
physical constraints make compliance impracticable, provided the alternative adequately
protects structures and neighboring properties.
302.2.1 Drainage Obstructions and Diversions.
No person shall cause or permit any obstruction, alteration, or modification to any
drainageway, stormwater conveyance area, detention facility, retention facility, drainage
easement, or engineered swale that impedes the intended flow of stormwater, causes or
contributes to ponding, flooding, erosion, or standing water, or redirects stormwater onto
adjoining public or private property in a manner that causes or contributes to damage,
nuisance conditions, or unsafe conditions.
Fences or other permitted improvements may be located within such areas provided they
are designed, installed, and maintained so as not to materially restrict the flow or function
of the drainage system.
Section 302.3 Sidewalks, Driveways, and Yards is amended by its deletion and replacement
as follows:
302.3 Sidewalks, Driveways, Yards, and Exterior Premises.
All private sidewalks, walkways, stairs, driveways, parking spaces, patios, and similar
surfaces shall be maintained in a safe condition and good repair, free from defects,
deterioration, settlement, displacement, or other conditions that create a tripping hazard or
otherwise endanger public safety. Vertical differentials of one (1) inch or greater shall be
repaired or otherwise corrected.
All required parking, driveway, and vehicular use areas shall be durably paved and
maintained in accordance with the Code of the City of Webster Groves. All areas not
occupied by structures, pavement, approved parking areas, walkways, or other authorized
improvements shall be maintained with lawn, ground cover, landscaping, or other approved
vegetation so as to prevent erosion, overgrowth, and nuisance conditions.
Trees, shrubs, hedges, and other vegetation shall be maintained so as not to obstruct
pedestrian or vehicular travel, interfere with traffic-control devices, obstruct required sight
distance, or create unsafe conditions. Dead, diseased, dying, hazardous, or fallen trees,
limbs, shrubs, and other vegetation that create a safety hazard or nuisance condition shall
be removed, and any resulting tree stump shall be removed or ground below grade. Trees
removed pursuant to this Section shall be replaced with a healthy tree of a species suitable
for the site unless otherwise approved by the Building Commissioner due to site
constraints, utility conflicts, disease concerns, or other practical considerations.
No person shall store or permit the accumulation of junk, rubbish, refuse, scrap materials,
discarded or inoperable equipment, or similar materials in any exterior area in a manner
that creates a nuisance, harborage for pests, fire hazard, or safety hazard.
302.3.1 Right-of-Way Maintenance.
To the extent required by the Code of the City of Webster Groves, the owner and occupant
of property shall be responsible for the maintenance and repair of designated improvements
located within the public right-of-way adjacent to the property. Such improvements may
include sidewalks, driveway approaches, tree lawns, and vegetation or obstructions
associated therewith. The maintenance responsibilities established by this Section shall not
be construed to transfer ownership of public right-of-way improvements from the City to
any private person.
Section 302.4 Weeds is amended by its deletion and replacement as follows:
302.4 Weeds.
Premises and exterior property shall be maintained free of weeds and other prohibited
vegetation in accordance with Section 31.110 et seq. of the Code of the City of Webster
Groves.
Section 302 Exterior Property Areas is amended by the addition of Sections 302.10 and
302.11, as follows:
302.10 Continuation and Maintenance of Required Site Improvements.
Site improvements required by this Code, the zoning ordinance, a permit, approved plan,
or other approval issued by the City of Webster Groves or its authorized boards and
commissions, including but not limited to driveways, parking areas, drainage facilities,
retaining walls, screening, fences, and lighting installations, shall be maintained in good
repair and safe condition, as determined by the Building Commissioner. Such
improvements shall continue to perform the function for which they were required or
approved. Where the purpose of an improvement is unclear, the Building Commissioner
shall determine its function based on available permits, approved plans, design
characteristics, location, and context. In making such determinations, the Building
Commissioner may reference applicable industry standards, manufacturer specifications,
and available plans and specifications.
Where a site improvement was required to comply with specific performance standards of
this Code or other applicable regulations, such improvement shall continue to be
maintained and operated in compliance with those standards. Required site improvements
shall not be removed, altered, allowed to deteriorate, or otherwise modified or used in a
manner that renders the improvement ineffective in performing the purpose for which it
was required, as determined by the Building Commissioner.
302.11 Outdoor Storage.
It shall be unlawful for any person, firm, or corporation to store, keep, pile, or otherwise
maintain upon any premises within the City of Webster Groves any wood, stone, metal, or
other materials, except leaves and other yard waste awaiting collection, unless such
materials are stored so as to provide a minimum of twelve (12) inches of clear space
between the materials and the surface of the ground beneath them. This section shall be
enforced by the Code Enforcement Officer or such other officer as designated by the City
Manager.
Section 303.1 Swimming Pools, Spas and Hot Tubs is amended by its deletion and
replacement as follows:
303.1 Swimming Pools, Spas and Hot Tubs
Swimming pools, spas and hot tubs shall meet the requirements of the International
Swimming Pool and Spa Code as adopted by the City of Webster Groves.
Section 304.2 Protective Treatment is amended by its deletion and replacement as follows:
Section 304.2 Protective Treatment
Exterior surfaces, including but not limited to, doors, door and window frames, cornices,
porches, trim, balconies, decks and fences, shall be maintained in good condition and free
from organic growth such as but not limited to mold, mildew, or algae. Exterior wood
surfaces, other than decay-resistant woods, shall be protected from the elements and decay
by painting or other protective covering or treatment. Peeling, flaking and chipped paint
shall be eliminated and surfaces repainted. Siding and masonry joints, as well as those
between the building envelope and the perimeter of windows, doors and skylights, shall be
maintained weather resistant and water tight. Metal surfaces subject to rust or corrosion
shall be coated to inhibit such rust and corrosion, and surfaces with rust or corrosion shall
be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be
removed from exterior surfaces. Surfaces designed for stabilization by oxidation are
exempt from this requirement.
Section 304.6 Exterior Walls is amended by its deletion and replacement as follows:
Section 304.6 Exterior Walls
Exterior walls shall be free from holes, breaks, and loose or rotting materials; shall be free
from organic growth such as but not limited to mold, mildew, or algae; and maintained
weatherproof and properly surface coated where required to prevent deterioration.
Section 304.7 Roofs and Drainage is amended by its deletion and replacement as follows:
304.7 Roofs and Drainage
Roofs, flashing, roof penetrations, gutters, downspouts, roof drains, scuppers, and other
roof drainage components shall be maintained in good repair and capable of performing
their intended function. Roofs and related components shall be maintained in a weathertight condition and free from defects that allow water intrusion into the structure.
Roof coverings shall be securely attached and maintained to prevent deterioration, leakage,
or conditions that threaten the health, safety, or welfare of occupants or cause damage to
building components.
Roof drainage systems shall be maintained free from obstructions, leaks, or defects that
prevent proper collection and conveyance of roof runoff.
Section 304.14 Insect Screens, insert the following:
From January 1st to December 31st.
Section 504 Plumbing Systems and Fixtures is amended by the addition of Subsections 504.4
et seq. as follows:
504.4 Fixture Shut-off Valves.
Every plumbing fixture supply pipe shall be equipped with an individual, functional shutoff valve on both the hot- and cold-water supply lines, located at or immediately adjacent
to the fixture.
Where an existing plumbing fixture is found to lack required individual shut-off valves,
approved shut-off valves shall be installed. The absence of accessible, functional shut-off
valves shall constitute a plumbing maintenance deficiency requiring correction.
504.4.1 Accessibility. All shut-off valves required by this section shall be fully accessible.
Valves shall not be permanently concealed behind wall coverings, cabinetry, or structural
elements without an approved, unobstructed access panel.
Where existing shut-off valves are inaccessible, obstructed, or otherwise not readily
operable, the condition shall be corrected by providing approved access or relocating the
valve as necessary.
504.4.2 Operation and Maintenance. Required shut-off valves shall be maintained in
good repair and capable of fully controlling the water supply to the fixture. Valves that are
missing, seized, corroded, leaking, damaged, or incapable of completely stopping the water
supply shall be repaired or replaced.
Exception: Individual shut-off valves are not required for bathtubs and showers where a
main or manifold shut-off valve can isolate the individual dwelling unit’s water supply
without interrupting service to other units in the structure.
Section 507 Storm Drainage Subparagraph 507.1 General is amended to add a second
paragraph as follows:
Such drainage shall not violate:
1. The requirements of Chapter 20 Buildings and Building Regulations (e.g., the
adopted Building Codes, as amended); or
2. The requirements of the City Code of Ordinances, including, but not limited to
applicable chapters regarding General Nuisances, Floodplain Management,
Stormwater and Erosion Management, or Water, Sewers, and Sewage Disposal.
Section 602.3 Heat Supply, insert the following:
From September 15th to May 15th.
Section 602.4 Occupiable Work Spaces, insert the following:
From September 15th to May 15th.
Section 603 Mechanical Equipment is amended by the addition of Subsections 603.7 et seq.
as follows:
603.7 Appliance Gas Shut-off Valves.
Each gas-fired appliance shall be provided with an individual, manual, and approved gas
shut-off valve located entirely outside of the appliance housing. Gas appliances subject to
this requirement include, but are not limited to stoves, ranges, ovens, clothes dryers, central
furnaces, space heaters, water heaters, and gas fireplaces.
Where an existing gas-fired appliance is found to lack a required individual shut-off valve,
an approved shut-off valve shall be installed. The absence of an accessible, functional shutoff valve shall constitute a gas service deficiency requiring correction.
603.7.1 Proximity and Location.
The shut-off valve shall be located in the same room as the appliance and installed within
6 feet (1829 mm) of the appliance, upstream of the final union, flexible connector, or quickdisconnect device.
Where an existing shut-off valve is not located in a manner that permits safe and ready
operation, the condition shall be corrected.
603.7.2 Accessibility and Maintenance. Gas shut-off valves shall be maintained in an
accessible and operable condition. Valves shall not be located in concealed spaces,
structural cavities, or other locations where operation cannot be readily performed.
Where an existing gas shut-off valve is inaccessible, obstructed, missing, damaged, or
incapable of safe operation, the owner shall correct the condition by repair, replacement,
relocation, or installation of an approved valve.
Exception 1 (Movable Appliances): Shut-off valves serving movable appliances, such as
cooking ranges and clothes dryers, shall be deemed compliant and accessible where
installed directly behind the appliance, provided the appliance can be moved without
straining or damaging the flexible gas connector.
Exception 2 (Decorative Fireplaces & Vented Room Heaters): Shut-off valves for vented
decorative appliances and gas fireplace inserts shall be permitted to be installed in a remote
area (such as an adjacent wall or floor box) where such valves are provided with ready
access, are permanently identified, and serve no other appliance.
Section 604.2 Service is amended by its deletion and replacement as follows:
604.2 Service.
The size and usage of appliances and equipment shall serve as a basis for determining the
need for additional facilities in accordance with this code. Dwelling units shall be served
by a three-wire, 120/240-volt, single-phase electrical service having a rating of not less
than 60 amps.
Exception: Homeowner Safe Harbor. Existing owner-occupied, single-family dwellings
with an existing, functional 60-amp electrical service shall be permitted to remain in use,
provided the Building Commissioner determines the system does not constitute an active
hazard under Section 604.3. This exception shall automatically terminate, and the electrical
service must be evaluated or upgraded to meet current minimum housing code
requirements, upon the conversion of the structure into a rental property or upon a change
of ownership.
Section 604.3 Electrical System Hazards is amended by its deletion and replacement as
follows:
604.3 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
receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or
for similar reasons, the Building Commissioner shall require the defects to be corrected to
eliminate the hazard.
Section 604.3 is amended by adding Subsection 603.3.3 et seq. as follows:
604.3.3 Legacy and Non-Standard Electrical Wiring
Conditions identified under Sections 604.3.3.1 and 604.3.3.2 of this code shall be
coordinated with Sec. 30.625 of the Code of Webster Groves for purposes of Permit to
Occupy eligibility, conditional permit issuance, and life-safety classification
604.3.3.1 Knob-and-tube wiring.
Knob-and-tube wiring shall be deemed a hazard subject to correction under this section
where any of the following conditions exist:
(1) Conductor insulation is cracked, brittle, deteriorated, or missing;
(2) The conductors are located within a wall, ceiling, floor, or attic cavity containing
loose-fill, rolled, batt, or foamed-in-place insulation;
(3) The wiring has been spliced, extended, or re-fed in a manner not permitted by
NFPA 70 as adopted and amended by the City; or (4) There is evidence of
overfusing, overloading, or unauthorized repair.
Correction shall be made in accordance with NFPA 70 as adopted and amended by
the City.
604.3.3.2 Aluminum branch-circuit wiring.
Aluminum branch-circuit wiring shall be deemed a hazard subject to correction under this
section where devices, splices, or terminations show evidence of overheating,
discoloration, or looseness, or are not listed and installed in a manner suited for aluminum
conductors. Correction shall be made in accordance with NFPA 70 as adopted and
amended by the City.
Section 605.1 Installation is amended by its deletion and replacement as follows:
605.1 Installation.
All electrical equipment, wiring and appliances shall be properly installed and maintained
in a safe and approved manner.
Section 605.2 Receptacles is amended by its deletion and replacement as follows:
605.2 Receptacles.
Every habitable space in a dwelling unit shall contain at least two (2) properly installed and
functioning receptacle outlets located in a manner that provides reasonable access for the
intended use of the space. All receptacle outlets shall be maintained in good repair, securely
fastened, properly grounded, and free from defects, damage, or conditions that create a
shock or fire hazard. Missing, broken, loose, inoperative, improperly installed, or damaged
receptacles shall be repaired or replaced.
Each bathroom, laundry area, garage, unfinished basement, exterior area, and all
receptacles serving countertop surfaces or located within six (6) feet of a sink, including
receptacles located within sink cabinets, shall be protected by a ground fault circuit
interrupter (GFCI). Extension cords shall not be used as a permanent substitute for required
receptacle outlets. All receptacle outlets shall have the appropriate faceplate cover for the
location.
Section 605.3 Lighting Fixtures is amended by its deletion and replacement as follows:
605.3 Lighting Fixtures.
Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler
room and furnace room shall be provided with at least one electric lighting fixture.
Section 605 Electrical Equipment is amended by the addition of Subsection 605.5 as follows:
605.5 Light Fixtures and Bulbs.
Light fixtures and bulbs in all buildings and structures shall be maintained in good repair,
properly installed, and capable of providing adequate illumination for the area served.
Exposed light bulbs in any interior or exterior area shall be protected by a suitable globe,
guard, shield, or other approved means where the bulb is subject to accidental contact,
breakage, or damage. Missing, damaged, or defective fixtures, bulbs, or protective
coverings shall be repaired or replaced.
EXHIBIT J
INTERNATIONAL SWIMMING POOL AND SPA CODE
MODIFICATIONS, ADDITIONS, INSERTIONS AND CHANGES TO THE
2021 INTERNATIONAL SWIMMING POOL AND SPA CODE
ADOPTED BY THE WEBSTER GROVES CITY COUNCIL
Section 108.6 Refunds is amended by its deletion.
Section 301: General is amended by the addition of the following new Subsections:
301.2 Location.
All swimming pools and spas shall comply with the accessory structure setback
requirements of the Zoning Code of the City of Webster Groves.
301.2.1 Lot Coverage.
Swimming pools and spas shall not be counted as accessory structures when calculating
total square footage or lot coverage of accessory structures.
EXHIBIT K
NFPA 70 NATIONAL ELECTRIC CODE
MODIFICATIONS, ADDITIONS, INSERTIONS AND CHANGES TO THE
2020 NFPA 70 NATIONAL ELECTRIC CODE
ADOPTED BY THE WEBSTER GROVES CITY COUNCIL
Section 110.14 Electrical Connections is amended by adding the following subsections:
(C) Repair and Alteration of Aluminum Branch-Circuit Conductors.
Where solid aluminum conductors serving 15- or 20-ampere, 120-volt branch circuits are
encountered in connection with any permitted electrical work, the following shall apply:
(1) Connections, splices, and terminations made or disturbed during the work shall be
made using either (a) devices listed and marked "CO/ALR" for direct connection
to aluminum conductors, or (b) connectors listed and identified by a nationally
recognized testing laboratory for the joining of aluminum and copper.
(2) Reconnecting such conductors directly to devices or splicing connectors not listed
for aluminum use, including devices lacking a CO/ALR marking, is prohibited.
(3) The requirements of this section shall be limited to the specific connections, splices,
and terminations modified during the permitted work. Remediation of an entire
branch circuit shall not be required, unless the Building Commissioner identifies
an existing hazardous condition.
(4) Aluminum branch-circuit conductors are permitted to remain abandoned in place
only when the Building Commissioner determines that physical removal is
impractical. All abandoned conductors must be permanently de-energized and
disconnected at their source. New circuits shall be installed independently, using
copper conductors or aluminum conductors terminated in accordance with
paragraph (1) of this subsection, to serve the affected outlets, fixtures, or
equipment; no electrical or physical connection shall be made between the
abandoned aluminum conductors and the new wiring.
Section 110.22 Identification of Disconnecting Means is amended by the addition of
Subsection 110.22(D) to read as follows:
110.22(D) Emergency Egress Power Sources.
Where branch circuits supply power to means of egress illumination or emergency exit
signs required by Section 1008.3.6 or Section 1013.3 of the International Building
Code, such circuits shall be clearly, legibly, and permanently identified at the overcurrent
protection device in the electrical panel from which they originate. The identification
label shall feature a distinct color-coding or marking format approved by the Fire Code
Official.
Section 230.2 Number of Services is amended by deleting the exception structures and
replacing with Subsection 230.2(A)(3) to read as follows:
230.2(A)(3) Residential Accessory Structures.
In accordance with Section E3601.2 of the International Residential Code, one- and
two-family dwellings shall be supplied by only one service lateral or drop per dwelling
unit. All utility services, subpanels, and feeders for any detached residential accessory
building (including garages, sheds, or workshops) shall be derived directly from the
distribution panelboard of the primary residential structure and shall not be separately
metered by the utility provider.
Section 230.85 Emergency Disconnects is amended by adding Subsection 230.85(D) to read
as follows:
230.85(D) Structural Demolition Coordination.
The exterior emergency disconnect required by this section shall be fully accessible to the
Fire Code Official and Building Commissioner.
For any structure undergoing full or partial demolition as regulated under Section 113.1.1
of the International Property Maintenance Code, the exterior service disconnecting means
shall be permanently locked out and tagged by a registered contractor.
Prior to the commencement of full and complete removal of the structure, structural
demolition, or any building collapsing activities, the electrical utility purveyor shall
physically remove all service-drop or service-lateral conductors from the building. Such
physical disconnect and line removal shall be verified and approved by the building
department before demolition operations proceed.
Section 230.70 General et seq. is amended by its deletion and replacement as follows:
230.70 General.
Means shall be provided to disconnect all conductors in a building or other structure from
the service entrance conductors.
(A) Location. The service disconnecting means shall be installed in accordance with
230.70(A)(1), (A)(2), (A)(3) and (A)4.
(1) Readily Accessible Location. The service disconnecting means shall be
installed at a readily accessible location either outside of a building or
structure or inside nearest the point of entrance of the service conductors.
(2) Bathrooms. Service disconnecting means shall not be installed in
bathrooms.
(3) Remote Control. Where a remote control device(s) is used to actuate the
service disconnecting means, the service disconnecting means shall be
located in accordance with 230.70(A)(1).
(4) Disconnect at Meter Base. Unless otherwise approved by the Building
Commissioner, the service disconnecting means shall be installed at the
meter when the service entrance conductor located between the meter and
the panel box exceeds ten (10) feet.
(B) Marking. Each service disconnect shall be permanently marked to identify it as a
service disconnect.
(C) Suitable for Use. Each service disconnecting means shall be suitable for the
prevailing conditions. Service equipment installed in hazardous (classified)
locations shall comply with the requirements of Articles 500 through 517.
Section 250.50 Grounding Electrode System is amended by adding Subsection 250.50(D) to
read as follows:
250.50(D) Preservation of Electrical Continuity.
In accordance with Section 605.4.1 of the International Plumbing Code, where an
existing metallic water piping system or water distribution lateral is utilized as a grounding
electrode or part of a structural bonding system, and any portion thereof is cut away,
repaired, or replaced with a non-metallic material (such as PEX or PVC), electrical
continuity shall be structurally restored. A continuous, uninterrupted copper bonding
jumper sized according to Table 250.66 shall be installed across the non-metallic section
to maintain an effective ground-fault current path.
Section 300.5 Underground Installations is amended by adding Subsection 300.5(L) to read
as follows:
300.5(L) Subterranean Utility Separation, Crossings, and Support.
A. Parallel Horizontal Separation. All underground electrical service laterals,
feeders, or branch circuits shall maintain a minimum horizontal separation of five
(5) feet from any building sanitary sewer lateral, water service line, or fuel gas
piping system.
Exception: Electrical conduit may share a single, multi-tiered joint trench or be
benched above a plumbing or fuel gas line provided a minimum horizontal
separation of twelve (12) inches of undisturbed or mechanically compacted earth is
maintained, and the electrical system is installed at a higher elevation than the
adjacent utility. Under no circumstances shall electrical conduit be benched directly
over or run parallel directly beneath a fuel gas line.
B. Perpendicular Crossings. Where underground electrical conduits cross building
sewers, water service lines, or fuel gas piping perpendicularly, a minimum vertical
clearance of twelve (12) inches shall be maintained. Electrical conduit shall cross
above building sewers and fuel gas lines. At all perpendicular crossing points,
backfill shall be mechanically tamped in three (3) inch loose lifts to provide an
unyielding bedding foundation, or a structural concrete bridge or sleeve shall be
installed to prevent load-transfer.
C. Structural Support and Excavation Integrity. Electrical conduits running
adjacent to, crossing, or spanning excavations resulting from demolition, utility
replacement, or foundation work shall be structurally supported or shored. Such
support must independently suspend the conduit and prevent shear stress, sagging,
or joint displacement during the backfilling and compaction operations required by
Section 113.1.3 of the International Property Maintenance Code, Section 306 of the
International Plumbing Code, and Section P2604 of the International Residential
Code.
Section. 394.10 Uses Permitted is amended by adding the following subsection:
(D) Abandonment in Place.
Knob-and-tube wiring located within walls, ceilings, attics, or other concealed spaces
is permitted to remain abandoned in place only when the Building Commissioner
determines that the physical removal of the wiring is impractical without causing undue
structural damage. In all cases, abandoned wiring must be permanently de-energized
and disconnected at its source. New circuits using a wiring method recognized in
Chapter 3 of the NEC shall be installed independently to serve the affected outlets,
fixtures, or equipment; no electrical or physical connection shall be made between the
abandoned knob-and-tube conductors and the new wiring.
Section 394.12 Uses Not Permitted is amended by adding the following subsections:
(6) Re-feeding, Splicing for Reinstallation, or Mixed-Method Repair.
Knob-and-tube wiring shall not be repaired, spliced, extended, or reconnected using knoband-tube material, nonmetallic-sheathed cable, or any other wiring method in combination
with knob-and-tube conductors. There is no method, fitting, or connector listed for splicing
a wiring method recognized elsewhere in Chapter 3 to existing knob-and-tube conductors,
and no such combination shall be approved.
(7) Partial Circuit Removal.
Where any portion of a knob-and-tube circuit is removed, found damaged, or determined
defective, the entirety of the affected circuit shall be abandoned in accordance with
394.12(8) and ran-new in its entirety using a wiring method recognized in Chapter 3 of this
Code. A circuit shall not be partially re-fed while leaving the remainder on knob-and-tube
conductors sharing the same circuit.
(8) Reinstallation.
Knob-and-tube conductors that have been removed shall not be spliced back together and
reinstalled for continued use.
EXHIBIT L
CHAPTER 21 CONSTRUCTION ACTIVITY AND CONTRACTOR REGULATIONS
ARTICLE I GENERAL PROVISIONS
Section 21.100 Definitions
As used in this Chapter, the following terms shall have the meanings ascribed to them below:
CITY. The City of Webster Groves, Missouri.
CITY MANAGER. The City Manager of the City of Webster Groves or his/her designee.
CODE OF WEBSTER GROVES. The Revised Code of Ordinances of the City of Webster
Groves, Missouri as adopted by Ordinance of the City Council of the City of Webster Groves,
Missouri and any amendments thereto.
CONTRACTOR. Any person, firm, partnership, corporation, limited liability company, or other
legal entity that, for compensation or other consideration, undertakes, offers to undertake, purports
to have the capacity to undertake, or submits a bid to construct, alter, repair, add to, demolish,
move, improve, install, or maintain any building, structure, system, or site improvement regulated
by this Code. The term "Contractor" includes, but is not limited to, General Contractors and
Subcontractors.
CONTRACTOR, GENERAL (GC). A Contractor that enters into a contract directly with an
owner, lessee, tenant, or authorized agent for the performance of construction work and that
assumes primary responsibility for the coordination, supervision, and completion of all or a portion
of a construction project, whether such work is performed by the General Contractor's own
employees or by Subcontractors.
CONSTRUCTION ACTIVITY. Any activity related to the improvement, alteration,
maintenance, or demolition of a property that creates exterior noise within 500 feet of any
residential dwelling located inside the corporate limits of the City of Webster Groves. This
includes, but is not limited to the mobilization or staging of heavy equipment (as defined in this
Section); the starting or operation of generators; the delivery or moving of materials (as defined in
this Section); grading, clearing, and excavation; and the erection or dismantling of a structure
whether in whole or in part. Specifically excluded from this definition are interior activities such
as drywall finishing, painting, tile laying, carpet installation, or the use of small hand tools,
provided they occur entirely within a fully enclosed structure with all exterior windows and doors
closed.
CONSTRUCTION VEHICLE. Any motorized vehicle designed, used, or maintained primarily
for the transportation of construction materials, debris, or tools, or utilized in the execution of
construction, demolition, or excavation activities; this term includes, but is not limited to, dump
trucks, concrete mixers, flatbed trucks, and any medium-duty or heavy-duty commercial motor
truck when utilized for construction purposes, and may include equipment, heavy equipment, and
any trailer, container, or portable storage unit (as defined in this Section) when utilized in
conjunction with such activities.
DATE OF ISSUE. The earlier chronological occurrence of either the official date of issuance of
the Building Permit by the City, or the date upon which all prescribed deposit fees are fully paid
to and receipted by the City.
DEVELOPER. Any person or entity responsible for development, subdivision, grading,
infrastructure installation, land disturbance, or related site improvement activity.
DIRECTOR. Unless otherwise specified, the Director of Planning and Development of the City
of Webster Groves or his or her designee.
DUMPSTER. Any container, roll-off unit, or receptacle designed and used for the temporary
storage and collection of waste, materials, or spoilage before disposal.
EQUIPMENT. Any vehicle, machinery, tool, device, or enclosure utilized or intended for use in
construction, maintenance, or demolition projects. This includes, but is not limited to heavy
equipment, backhoes, skid steers (e.g., Bobcats), and hoists; concrete forms, mixers, and
scaffolding; generators and compressors; and any Trailer, Container, or Portable Storage Unit (as
defined in this Section).
INFORMATIONAL NOTE. Supplementary text provided solely for guidance, clarification, or
illustrative examples. An Informational Note is strictly informational, explanatory, and not legally
enforceable. It does not create, modify, or impose any independent legal mandates, obligations, or
restrictions beyond those expressly stated in the binding sections of the code.
GREATER ST. LOUIS METROPOLITAN AREA OF MISSOURI. Franklin County,
Jefferson County, Lincoln County, St. Charles County, St. Louis City, St. Louis County, and
Warren County.
HEARING OFFICER. The City Manager of the City of Webster Groves, Missouri or his/her
designee.
HEAVY EQUIPMENT. Any motorized vehicle, specialized machinery, or mechanized device
used in construction, demolition, or earth-moving operations. This includes, but is not limited to
dump trucks and large commercial haulers; graders, bulldozers, dozers, and scrapers; excavators,
backhoes, loaders, trenchers; and towable or stationary industrial machinery, such as air
compressors, pneumatic hammers, or generators.
HOLIDAYS. New Year's Day, Martin Luther King Jr. Day, Memorial Day, Juneteenth,
Independence Day, Labor Day, Veterans Day, Thanksgiving Day, and Christmas Day.
IMPROVEMENT VALUE. The total cost of all labor, materials, contractor overhead, and profit
associated with the scope of work covered by the building permit. Improvement Value shall
include all finish work and permanently installed or affixed building components, including work
that does not independently require a permit, such as painting, installed flooring, and built-in
cabinetry. For purposes of this definition, if work specifically limited to electrical, plumbing,
mechanical, fire protection, or land disturbance is performed under a separate permit, that work
may be subtracted from the Improvement Value. Work performed by the property owner or other
non-compensated party shall be valued at the fair market cost to contract the same work to a
licensed contractor in the local market. Work shall not be excluded from Improvement Value for
the purpose of reducing completion deposit obligations or circumventing code thresholds.
INFORMATIONAL NOTE: Where work on the same structure is performed under
multiple permits sharing a common design intent, common ownership or contractor
direction, overlapping or sequential construction schedules, or a single financing event, the
Building Commissioner may determine that such work constitutes a unified improvement
project and aggregate the Improvement Value of each associated permit for purposes of
calculating completion deposit obligations. The aggregation of Improvement Values shall
not operate to include work otherwise excluded from Improvement Value under this
chapter. Work permitted more than twelve (12) months apart shall be presumed to
constitute separate improvement projects unless evidence of common design, financing, or
contractual relationship indicates otherwise.
HOMEOWNER. An individual who holds legal title to and occupies a dwelling as his or her
principal residence. The term "Homeowner" shall not, by itself, authorize any person to perform
work requiring contractor registration, licensing, or permitting, except as expressly provided
elsewhere in this Article.
MATERIALS. Any substance, component, or assembly used, or intended for use, in the
construction, alteration, repair, demolition, or maintenance of any structure, building, or
infrastructure. This term includes, but is not limited to structural lumber (e.g., studs, joists, trusses,
beams); drywall, sheetrock, and plasterboard; masonry (e.g., brick, concrete blocks, stone, cement,
aggregate); roofing shingles and siding; insulation, piping, electrical wiring, and HVAC ductwork;
windows and doors; and any other raw or manufactured goods commonly utilized in construction
operations.
PUBLIC PROPERTY. Any land, structure, or infrastructure owned, leased, or controlled by a
government entity. This includes, but is not limited to streets, highways, sidewalks, tree lawns,
parks, and public rights-of-way, as well as any dedicated utility or drainage easements.
RELATED ENTITY. Shall have the same meaning established in Section 21.330.130 of this
Chapter.
SITE. Any plot, lot, parcel of land, or right-of-way where construction activity is occurring, or
where equipment, heavy equipment, dumpsters, trailers, materials, or spoilage are staged,
operated, or stored.
SPOILAGE. Any earth, soil, or organic matter displaced or accumulated during excavation,
grading, clearing, or construction. This includes, but is not limited to mud, dirt, topsoil, silt, rock,
gravel, sand, and dredged materials.
SUBCONTRACTOR. A Contractor that enters into a contract with a General Contractor or
another Contractor to perform a specific portion of construction work, including but not limited to
electrical, plumbing, mechanical, fire protection, concrete, masonry, framing, roofing, excavation,
paving, finishing, or other specialty trades regulated by this Code.
SURETY COMPANY. An insurance company qualified and acting under the provisions of
Chapter 379 RSMo., which has met the requirements of Section 379.020.
TRAILER, CONTAINER, OR PORTABLE STORAGE UNIT. Any unpowered vehicle,
structure, or container designed, used, or intended for hauling, staging, storing cargo, or
accommodating personnel for temporary office, field, or decontamination operations, which is not
permanently affixed to a permanent foundation. This definition includes, but is not limited to open
or enclosed wheeled trailers; shipping and intermodal containers (e.g., Conex boxes); portable,
relocatable storage units (e.g., PODS); and mobile offices, construction field trailers, or personnel
decontamination units. The presence or absence of wheels, axles, or a chassis does not exempt any
unit from this definition.
WASTE. This includes, but is not limited to construction and demolition debris (e.g., scrap
lumber, drywall, roofing); garbage, rubbish, and household refuse; uncontained litter; and yard
waste (e.g., grass clippings, leaves, branches).
WORKMANLIKE MANNER. The quality of work that would be done by a worker of average
skill and intelligence.
INFORMATIONAL NOTE: Aquila, LLC v. City of Bangor, 640 F. Supp. 2d 92 (D.
Me.2009)
ARTICLE II CONTRACTOR REGISTRATION & HOMEOWNER AS CONTRACTOR
Section 21.200 Title.
This Article shall be known as the "Contractor Registration & Homeowner as Contractor Article."
Section 21.210 Authorization.
Pursuant to Chapter 21 et seq. of The Revised Code of Ordinances of the City of Webster Groves,
Missouri, (the Code) a Certificate of Registration (Business License) is required to engage in work
requiring a permit in the City of Webster Groves, Missouri (the City) unless specifically exempted.
Section 21.220 Intent.
The purpose of this code is to establish the minimum standards to ensure that persons and entities
desiring to perform work in the city possess the skills necessary to perform work requiring a permit
in a workmanlike manner. This code is also intended to prohibit those persons who fail to possess
the skills or who choose to have a willful disregard for code compliant construction practices.
Section 21.230 [Reserved]
Section 21.240 Transient Employers.
Pursuant to Chapter 285 of the Revised Statutes of the State of Missouri (RSMo) et seq., any
transient employer, as defined in RSMo Sections 143.191, 287.030, and 288.032, who performs
any work that requires a building permit shall provide proof that the employer has been issued a
tax clearance and has filed a financial assurance instrument as required by RSMo Section 285.230
as a condition of obtaining a permit. If the transient employer is performing any work (labor or
services) that requires a license, such employer shall also be licensed as required herein.
Section 21.250 General Provisions.
Section 21.250.010 City of Webster Groves Contractors' Certificate of Registration
Required.
No contractor engaged in work requiring a permit shall conduct business within the City until such
contractor, including, in the case of a corporation, the named representative of that corporation,
shall have obtained a Certificate of Registration (Business License) from the City to perform such
work. Each individual so registered to perform work requiring a license from St. Louis City,
Missouri; St. Louis County, Missouri shall first be licensed by one of those licensing entities.
Exception. Electrical licenses issued by the State of Missouri are acceptable licenses.
INFORMATIONAL NOTE: RSMo 324.900 through 324.945 specifically RSMo
324.925. POLITICAL SUBDIVISIONS TO RECOGNIZE STATEWIDE LICENSURE PERMISSIBLE ACTS BY POLITICAL SUBDIVISIONS - 1. Political subdivisions shall
not be prohibited from establishing their own local electrical contractor's license, but shall
recognize a statewide license in lieu of a local license for the purposes of performing
contracting work or obtaining permits to perform work within such political subdivision.
No political subdivision shall require the holder of a statewide license to obtain a local
business or occupation license that requires passing of any examination or any special
requirements to assess proficiency or mastery of the electrical trades. The holder of a
statewide license shall be deemed eligible to perform electrical contracting work and to
obtain permits to perform said work from any political subdivision within the state of
Missouri.
Under no condition shall a person obtain a permit for an activity that requires a license for which
that contractor is not licensed by St Louis City, St Louis County or in the case of electrical licenses,
the State of Missouri. Only the type of work allowed by those licenses may be performed under
that registration in the City of Webster Groves.
A registered contractor who is required to provide a license issued by St Louis City or St Louis
County shall not perform work other than that authorized by the license.
INFORMATIONAL NOTE: Example: A plumber who is only authorized to install water
heaters may not install backflow prevention devices.
Exception: The foregoing licensing/registration provision does not apply to any person who
performs work for a salary or wages as an employee of a duly registered contractor, nor to any
person who is personally performing work with respect to property owned and occupied by such
person pursuant to the Code of Webster Groves.
Section 21.250.020 Use of Registration by Another Person.
No registered contractor shall allow her/his name to be used by another person either for the
purpose of obtaining permits, or for doing business or work under the Certificate of Registration.
Every registered contractor shall notify the Department of Planning and Development (the
Department) of the address of her/his place of business and the name under which such business
is carried on, and shall give immediate notice to the Department of any changes in either.
Section 21.250.030 Registered Contractor for More than One (1) Business.
No person shall be the registered contractor for more than one business.
Exception: A licensed electrical, mechanical and/or plumbing contractor may be the building
contractor on projects when approved by the Building Commissioner provided the improvement
is of an ancillary nature.
INFORMATIONAL NOTE: Example: A plumber who replaces a plumbing stack behind
a wall can replace the drywall at the hole that was cut to cause the replacement.
Section 21.250.040 Certificate of Registration.
A Certificate of Registration issued under this ordinance is assigned to the individual named in
said registration. No registration or the rights, duties and privileges attendant thereto, shall be
assigned or transferred to another person, company, partnership or other entity.
Section 21.250.050 Application for Certificate of Registration.
Application for such Certificate of Registration shall be on a form prescribed by the Building
Commissioner and shall require the following information:
1. Office address and phone number of the applicant
2. Payment of a fee of the required registration fee as established by City Council.
Exception: A construction business headquartered within the City which has been issued a
business license is credited up to the amount of the required registration fee based upon the
amount of the business license fee paid.
3. Identification of a Responsible Managing Individual.
a. Each applicant shall designate one natural person who shall serve as the
Responsible Managing Individual for the registration. To qualify as a Responsible
Managing Individual, the person must be actively engaged in the daily managerial
or operational control of the applicant's business and must hold one of the following
positions within the applicant’s legal structure:
1. For Sole Proprietorships: The individual owner.
2. For General or Limited Partnerships: A General Partner.
3. For Limited Liability Companies (LLCs): A Manager or a Managing
Member.
4. For Corporations (including Professional and Non-Profit): A corporate
officer.
5. For all other legal entities or associations: A person exercising primary
executive or operational control over the entity's affairs.
b. The Responsible Managing Individual shall be authorized to act on behalf of the
applicant and shall be responsible for receiving notices, orders, citations, stop-work
orders, and other official communications issued pursuant to this Code. The
designation of a third-party nominee, independent contractor, or non-managerial
employee is prohibited.
c. The application shall include the name, residence address, telephone number, and
email address of the Responsible Managing Individual.
d. The applicant shall provide a copy of a valid government-issued photo
identification for the Responsible Managing Individual.
4. Evidence of technical competency, as applicable to the contractor classification:
a. Tier 1 Specialized Trade Contractors. Contractors performing electrical,
mechanical, plumbing, fire suppression, or similar specialty trade work shall
provide evidence of a valid and active trade license issued by St. Louis County
Public Works, City of St. Louis Building Division, or an issuing authority
possessing a formal reciprocity agreement with either jurisdiction.
Exception: Electrical contractors exercising permit privileges pursuant to a
statewide electrical contractor license shall provide evidence of compliance with
applicable requirements of Missouri law.
b. Tier 2 General Contractors and Structural Builders. Contractors performing
general building construction, structural work, framing, additions, alterations,
renovations, or similar building work shall provide one of the following:
1. Evidence of an active commercial or residential contractor registration in
good standing with St. Louis County Public Works or City of St. Louis
Building Division; or
2. Documentation satisfactory to the Building Commissioner demonstrating
technical competency, which may be established by one or more of the
following:
i.
Successful completion of an examination approved by the Building
Commissioner;
ii.
A current, valid certification issued by the International Code
Council (ICC) in a general building contractor classification,
including but not limited to the F11 (Commercial Building
Contractor), F12 (National Standard Building Contractor), G11, or
G12 designations;
iii.
A passing score on the NASCLA Accredited Examination for
Commercial General Building Contractors, as verified through the
NASCLA National Examination Database (NED);
iv.
A bachelor's degree or higher in civil engineering, structural
engineering, architecture, or construction science or management
from an accredited college or university; or
v.
A currently valid contractor license or certificate of competency in
good standing issued by another Missouri municipality or county, or
by any state that requires passage of a written trade examination as
a condition of licensure, provided the Building Commissioner
determines such examination to be substantially equivalent.
vi.
Documented construction experience, training, certifications, or
other qualifications demonstrating technical competency
substantially equivalent to the qualifications listed herein, as
determined by the Building Commissioner.
5. Such other information as the Building Commissioner may reasonably require to determine
compliance with this Chapter, including documentation regarding contractor
qualifications, ownership, responsible parties, insurance coverage, prior disciplinary
actions, or other information relevant to the contractor's ability to perform work safely and
in compliance with applicable codes and ordinances.
6. Receipt of an original Certificate of Insurance issued to the City certifying that the
applicant maintains:
i.
Workers' Compensation coverage as required by Missouri law, or
an affidavit that such coverage is not required;
ii.
Commercial General Liability Insurance in an amount not less than
One Million Dollars ($1,000,000.00) per occurrence;
iii.
Products and Completed Operations coverage: An aggregate limit
of not less than Two Million Dollars ($2,000,000.00); and
iv.
Such other information as the Building Commissioner may
reasonably require to determine compliance with this Chapter.
7. The Building Commissioner may require a contractor to provide a code compliance bond
or other financial security as a condition of registration, permit issuance, or continued
authorization to perform work when the contractor has demonstrated a history of code
violations, failure to correct deficiencies, unsafe work practices, abandonment of projects,
or other circumstances indicating that additional security is reasonably necessary to protect
the public health, safety, and welfare. Any such bond shall be executed by a surety
authorized to transact business in Missouri and shall be in an amount determined by the
Building Commissioner based upon the circumstances requiring the additional security.
Section 21.250.060 Certificate of Registration to be Issued, When.
A Certificate of Registration allowing the registered contractor to perform contracting work in the
City of Webster Groves, Missouri shall be issued by the Building Commissioner upon verification
that the fee and all information required by Section 21.250.050 has been submitted, and that the
applicant has not committed any act defined herein as a prohibited act.
Section 21.250.070 Term of the Certificate of Registration.
The Certificate of Registration shall be valid for a term of one (1) year from the date of issuance,
except that the Certificate of Registration shall be deemed as revoked at the expiration date of any
of the required insurance coverage.
No work shall continue unless the required insurance coverage that has lapsed is renewed. A stop
work order may be issued and all work shall stop if the insurance coverage has lapsed until such
time that the insurance is renewed and a copy is provided.
Section 21.250.080 Workers' Compensation.
Workers’ Compensation shall be provided as required pursuant to Chapter 287 et seq. of the
Missouri Revised Statutes.
Section 21.250.090 Subcontractors.
Subcontractors are responsible to the general contractor. Subcontractors, including electricians,
fire protection installers, plumbers, and mechanical technicians who are required to be licensed to
perform their duties shall obtain separate permits. In the case where a homeowner acts as a general
contractor and employs subcontractors, those subcontractors shall be registered as provided for in
section 21.250.010.
Section 21.250.100 Permit Accountability.
a. Permits shall be issued only to registered contractors responsible for supervising and
controlling the work authorized by the permit.
b. No registered contractor or Responsible Managing Individual shall obtain a permit for the
purpose of allowing an unregistered, unbonded, uninsured, or otherwise unqualified person
or entity to perform work requiring registration under this Chapter.
c. A Tier 2 General Contractor applying for a building permit shall identify all known
subcontractors whose work requires contractor registration under this Chapter.
d. No trade permit shall be issued, and no subcontractor work shall commence until the
subcontractor's registration, insurance, bond, and workers' compensation compliance have
been verified by the Building Commissioner.
e. Violation of this Section shall constitute grounds for suspension, revocation, or denial of
registration and may subject the registrant and the Responsible Managing Individual to any
enforcement action authorized by this Code.
f. Where work requires a trade license issued by St. Louis County Public Works or City of
St. Louis Building Division, evidence of an active commercial or residential contractor
registration in good standing with St. Louis County Public Works or City of St. Louis
Building Division; or the State of Missouri, or another recognized licensing authority under
this Article, the permit for such work shall be obtained only by a contractor holding the
applicable license. A Tier 2 General Contractor shall not obtain a permit for work requiring
a specialty trade license on behalf of, or in substitution for, a licensed subcontractor.
Section 21.250.110 Code Compliance Bond or Financial Security - Claims and Forfeiture.
a. When a Code Compliance Bond or other financial security is required pursuant to Section
21.250.050, such security shall serve as assurance of the contractor's compliance with
applicable provisions of this Chapter, including compliance with applicable technical
codes adopted by the City, correction of code violations, completion of required corrective
work, and satisfaction of costs incurred by the City resulting from the contractor's failure
to comply with applicable requirements.
b. Upon a determination by the Building Commissioner that a contractor subject to a Code
Compliance Bond or other financial security has committed a prohibited act under Section
21.280.020, failed to correct a code violation within the time prescribed by a correction
notice or stop-work order, abandoned permitted work, or otherwise failed to satisfy
obligations imposed by this Chapter, the Building Commissioner may make a claim against
such bond or security in an amount reasonably necessary to address the violation, complete
corrective work, reimburse the City for authorized costs, or otherwise protect the public
health, safety, and welfare.
c. A property owner who believes that a contractor subject to a Code Compliance Bond or
other financial security has caused damage, abandoned a project, failed to perform
permitted work in a workmanlike manner, or otherwise violated this Chapter may submit
written notice to the Building Commissioner describing the alleged violation and
supporting information. The Building Commissioner may investigate the matter and, when
appropriate, notify the contractor and surety and allow the contractor a reasonable
opportunity to correct the alleged violation before pursuing a claim against the bond or
other security.
d. The existence of a Code Compliance Bond or other financial security shall not create a
private right of action against the City, the Building Commissioner, or any City official,
nor shall the City be obligated to pursue a claim on behalf of a property owner. Nothing in
this Section shall limit any independent rights or remedies available to a property owner
under applicable law.
e. The Building Commissioner shall maintain a record of all claims made against contractor
bonds or other financial security required under this Chapter. Such claims, along with other
documented enforcement history, may be considered in determining whether additional
security, suspension, revocation, or other conditions are appropriate for any future
registration or reinstatement application by the contractor.
Section 21.260 Homeowners as Contractors.
Section 21.260.010 Homeowners as Building, Electrical, Mechanical and/or Plumbing
Contractors.
A permit may be issued for an addition, repair, modification, or reconstruction of an existing
building, electrical, mechanical, and/or plumbing installation on the premises of a detached singlefamily dwelling, including accessory structures, to the owner or member of his/her immediate
family residing with him/her under the following conditions:
1. The dwelling shall be designed and used solely for living purposes.
2. The dwelling shall be occupied by, or vacant and intended for immediate occupancy by,
the owner and his/her immediate family only as verified by occupancy permit or affidavit.
Homeowners who are not residing in the residential dwelling and who allow another person
or persons to occupy the dwelling, whether or not compensation is provided to the owner,
are prohibited from pulling permits under this section. This prohibition applies regardless
of the nature of the occupancy arrangement, including but not limited to formal lease or
rental agreements, informal arrangements, and gratuitous occupancy where no monetary
consideration is exchanged.
3. The permittee shall personally perform all work.
Exception: The homeowner may act as a general contractor and employ subcontractors for
portions of the work. Should those portions require a permit if independently installed, the
subcontractor shall be registered, and the work shall require a separate permit.
INFORMATIONAL NOTE: Permits are required to install drywall, etc. Permits
are not required for carpeting, painting, etc.
4. Prior to the issuance of a permit under this section, the Building Commissioner shall require
an affidavit or other reasonable proof that the request for a permit complies with the
foregoing provisions and that the homeowner has the applicant has the necessary
knowledge and ability to perform the proposed work. This does not authorize a waiver or
modification of any provision of the code and references relating to the materials, design,
installation, or practice of building, electrical, fire protection, mechanical, plumbing work,
or to the preparation and approval of construction documents, or to required fees for
permits or inspections.
5. A homeowner acting as a contractor or general contractor is limited to obtaining permits
for improvements to an area not exceeding one story and four hundred (400) square feet.
Exception. Basement renovations.
INFORMATIONAL NOTE: For these purposes use the definitions in the Zoning
Code to determine one story.
6. A homeowner permit shall not be issued to install other than one hundred twenty (120) volt
branch circuits or the replacement of existing receptacles or lights.
7. A homeowner permit shall not be issued for work involving knob and tube wiring.
INFORMATIONAL NOTE: The intent of this provision is to prohibit the
homeowner from adding fixtures to knob and tube circuitry or partially abandoning
knob and tube wiring.
8. A homeowner permit shall not be issued for work involving aluminum branch circuits.
INFORMATIONAL NOTE: The intent of this provision is to prohibit the
homeowner from adding fixtures to aluminum circuitry.
9. A homeowner permit shall not be issued for work to install a backflow prevention device.
10. A homeowner permit shall not be issued to install or repair a water service.
11. A homeowner permit shall not be issued to install or repair a sewer lateral.
12. A homeowner permit shall not be issued to install or repair a water heater.
13. A homeowner permit shall not be issued to install a photovoltaic (solar) system.
14. A homeowner permit shall not be issued to install a new or repair an electrical service.
15. A homeowner permit is limited to plumbing repair, installation or replacement as follows:
a. Replacement of existing fixtures not to exceed One (1) bathroom consisting of no
more than one (1) water closet, two (2) lavatories, One (1) tub and One (1) shower
or One (1) kitchen consisting of no more than two (2) sinks.
b. Miscellaneous fixtures totaling no more than eight (8) drainage fixture units
(DFU's)
16. A homeowner permit shall not be issued to install or modify a residential fire suppression
system.
17. A homeowner permit shall not be issued to install or modify a furnace or air conditioning
system.
18. A homeowner permit shall not be issued for any paved surfaces closer than four (4) feet to
the property line.
19. Should the dwelling be marketed for sale, sold, leased or rented within one (1) year of
approval of the final inspection (not conditional), the owner shall obtain an inspection and
written certification from a contractor who is registered in the City of Webster Groves. The
certification should be a notarized letter or similarly approved instrument from such
contractor, stating that the permitted work was inspected and found to be installed in a safe
and workmanlike condition. Each discipline shall be inspected and certified by a contractor
registered and licensed to perform such work.
20. Should the homeowner not complete the project within one (1) year from the date of
issuance of the permit, the homeowner shall employ a registered contractor to complete the
work. The Building Commissioner may allow for one (1) extension not to exceed ninety
(90) days for cause.
Section 21.270 Revocation of Homeowner Permit.
Section 21.270.010 Cause for Revocation.
A homeowner permit may be revoked for cause including violating the provisions of the Code of
Webster Groves.
Section 21.270.020 Mandatory Registered Contractor
A registered contractor shall be employed if the homeowner permit is revoked. A transfer permit
shall be required unless the permit is expired.
Section 21.270.030 Appeal Rights.
A homeowner may appeal the decision as provided for in the Code of Webster Groves.
Section 21.280 Revocation and Reinstatement of Registration.
Section 21.280.010 Basis for Revocation.
Upon a finding of the Building Commissioner that any registered contractor or homeowner has
committed any act defined herein as a prohibited act, the Building Commissioner may issue a
notice of revocation. Such notice shall indicate that unless a hearing is sought as provided below,
the Certificate of Registration of such registered contractor shall be revoked within thirty (30) days
of the date of such notice.
Should the registered contractor fail to carry or renew insurance or fail to register or renew
registration, a stop work order may be issued. The registered contractor shall be given a reasonable
time within which to update their insurance or registration before a citation to appear in Municipal
Court is issued for failure to register as a contractor as provided for in the Code of Webster Groves.
Should a designated Responsible Managing Individual resign, be terminated, become
incapacitated, die, or otherwise cease to meet the qualifying criteria established in Section
21.250.050, the registered contractor shall notify the Department of Planning and Development in
writing within five (5) business days of the vacancy. The registered contractor shall designate a
qualified successor Responsible Managing Individual within fifteen (15) calendar days of the
original vacancy by submitting an amended application. Failure to timely report the vacancy or
failure to designate a qualified successor within fifteen (15) calendar days shall result in the
automatic suspension of the Certificate of Registration and the immediate issuance of a stop-work
order for all active projects. The suspension shall remain in effect until a qualified successor is
approved by the Building Commissioner.
Exception. A contractor is not in violation of being registered if the contractor does not have an
open permit.
In determining whether grounds exist for the denial, suspension, revocation, or non-renewal of a
Certificate of Registration, the Building Commissioner may consider the contractor's history of
compliance with this Code and any technical code adopted by the City, including documented code
violations, permit violations, stop-work orders, correction notices, inspection records, disciplinary
actions imposed by other licensing authorities, and any other evidence reasonably related to the
contractor's qualifications, competency, reliability, fitness, honesty, or ability to perform work in
a safe and workmanlike manner.
Upon a finding of the Building Commissioner that any homeowner has committed any act defined
herein as a prohibited act, the Building Commissioner may issue a stop work order and may require
that the homeowner employ a registered contractor to complete the project. Such notice shall
indicate that unless a hearing is sought within thirty (30) days as provided below, the ability of the
homeowner to act as a contractor shall be revoked.
Permits issued to a registered contractor prior to the outcome of the hearing may continue, provided
the Building Commissioner has reasonable grounds to allow the work to continue. No new permits
shall be issued unless the registration is reinstated.
Section 21.280.020 Prohibited Acts.
The following acts are hereby determined to be "prohibited acts" as that term is used herein:
1. Abandonment or willful failure to perform, without justification, any improvement contract
or project engaged in or undertaken by a contractor, or willful deviation from or disregard
of plans or specifications in any material respect without the consent of the owner and
approval of the appropriate regulating agency
2. Making any substantial misrepresentation in the solicitation or procurement of an
improvement contract, or making any false promise of a character likely to influence,
persuade, or induce
3. Committing any fraud in the execution of or in the material alteration of any contract,
mortgage, promissory note, or other document incident to an improvement transaction
4. Preparing or accepting any mortgage, promissory note, or other evidence of indebtedness
upon the obligations of an improvement transaction with knowledge that it recites a greater
monetary obligation than the agreed consideration for the improvement work
5. Violation of any provision the Code of Webster Groves or failure to abate violations of the
Code of Webster Groves.
6. Failure to notify the Building Commissioner of any change or control in ownership,
management, or business name or location
7. Conducting a business in any name other than that which is duly registered
8. Willful failure to comply with any order, demand, rule, regulation, or requirement made
by the Building Commissioner pursuant to the provisions of Ordinances of the City
9. Promise or offer to pay, credit, or allow to a buyer any compensation or reward for the
procurement of an improvement contract with others
10. Failure to carry or renew insurance as required in this Ordinance
11. Failure to pay any sum owed to the City as described in Section 21.460(e) or Section
21.330.170(c), where such sum is owed by the registrant, the registrant's Responsible
Managing Individual, or any Related Entity as defined in Section 21.330.130, within thirty
(30) days after such sum becomes due and payable as provided in Section 21.330.170(c)
or Section 21.460(e), as applicable.
12. Failure to register as a contractor or renew contractor registration as required in this
Ordinance
13. Engaging in fraud, misrepresentation, bribery, or attempted bribery in the securing of a
Certificate of Registration
14. Falsely certifying an installation as provided for in section 21.260.010(16)
15. Failure to perform work in a workmanlike manner.
16. Falsely representing owner-occupancy status or conducting work under this section
without residing in the dwelling.
17. Knowingly providing false, fraudulent, or materially misleading information regarding the
identity, legal position, residence, or authority of a designated Responsible Managing
Individual.
18. Allowing a Certificate of Registration to remain active during a period where the position
of the designated Responsible Managing Individual is vacant or unqualified, exceeding the
transition periods allowed by this Code.
19. Attempting to designate an unauthorized third-party nominee, independent contractor, or
non-managerial employee to serve as a Responsible Managing Individual.
20. Making any false, misleading, incomplete, deceptive, or fraudulent statement,
representation, certification, or omission of material fact to the City regarding contractor
registration, licensure, insurance, bonding, qualifications, experience, ownership,
Responsible Managing Individual status, permit applications, inspections, code
compliance, or any matter regulated by this Article.
21. Misrepresenting, falsifying, altering, forging, or otherwise inaccurately portraying the
status, classification, scope, validity, expiration, suspension, revocation, restriction, or
good standing of any contractor license, certificate, registration, insurance policy, bond,
workers' compensation coverage, or other credential required by this Article.
22. Suspension, revocation, expiration, restriction, probation, disciplinary action, or other loss
of good standing affecting any contractor license, trade license, certificate, registration, or
credential relied upon to obtain or maintain registration under this Article, where such
condition materially affects the contractor's qualifications to perform work authorized by
this Code.
23. Demonstrating a pattern of code violations, permit violations, stop-work orders, correction
notices, unsafe work practices, failure to obtain required permits, failure to obtain required
inspections, or other conduct evidencing a lack of technical competency, reliability,
qualifications, fitness, or willingness to perform work in a safe and workmanlike manner.
24. Refusal, repeated failure, or demonstrated inability to comply with the provisions of this
Code, any technical code adopted by the City, or any lawful order issued pursuant thereto,
where such conduct evidences a lack of qualifications, competency, fitness, or reliability
necessary to maintain a Certificate of Registration.
Section 21.280.030 Reinstatement of Registration.
In order to be reinstated, the applicant for reinstatement shall provide the following:
1. Complete contractor registration application and provide all information required under
Section 21.250.050.
2. Documentation demonstrating resolution of all outstanding civil judgments, liens,
administrative fines, correction notices, stop-work orders, and other liabilities arising from
contracting activities, including those associated with any current or former business entity
under which the applicant has operated, whether within the United States or elsewhere.
3. A written statement by the applicant describing the circumstances that led to revocation,
the corrective actions taken, and the basis upon which reinstatement is sought.
4. A letter of recommendation from at least one contractor currently registered in good
standing with the City, or from a licensed design professional, attesting to the applicant's
technical competency, reliability, and fitness to perform work in a safe and workmanlike
manner.
5. Evidence satisfactory to the Building Commissioner that the conditions giving rise to
revocation have been remedied and are not likely to recur, which may include
documentation of corrective training, remediated work, resolved complaints, or other
relevant evidence of rehabilitation.
6. Provide one-time fee to the City of one thousand dollars ($1,000.00) for expenses related
to the revocation and reinstatement of the registration.
Section 21.280.040 Consequences of Revocation.
Until the registration is reinstated, the registered contractor is prohibited from performing any
work in the City except for work on a detached single-family dwelling that the registered contractor
owns and occupies.
INFORMATIONAL NOTE: If the registered contractor owns rental property, the
registered contractor is prohibited from working on that property.
Section 21.280.050 Individual Liability of the Responsible Managing Individual.
a. The designated Responsible Managing Individual and the registered contractor shall be
held jointly and severally liable for ensuring all construction and specialty work performed
under City permits complies fully with this Code, and for any administrative fines, civil
penalties, or correction costs issued pursuant to a violation of this Chapter.
b. Nothing in this Article shall be construed to shield a Responsible Managing Individual
from personal administrative, civil, or criminal enforcement actions, citations, or municipal
court penalties for code violations or willful disregard of code-compliant construction
practices occurring under their direct supervision, management, or control.
c. Where the individual who obtains a permit differs from the designated Responsible
Managing Individual, both the permittee and the Responsible Managing Individual shall
be jointly and severally liable for ensuring that all work performed under that permit
complies fully with this Code. The issuance of a permit to an individual other than the
Responsible Managing Individual shall not operate to reduce or transfer the Responsible
Managing Individual's liability under this Section.
Section 21.290 Appeal of the Building Commissioner’s Determination of Contractor or
Worker Qualifications.
Section 21.290.010 Grounds for Appeal.
A registered contractor may appeal the Building Commissioner’s determination that a contractor
or their workers are not qualified solely on the grounds that the Building Commissioner’s action
was arbitrary and capricious and was conducted maliciously and in bad faith.
Section 21.290.020 Request for Hearing.
The affected contractor shall be granted a hearing before the Hearing Officer after submission of
a written request for appeal, any documentary information to be considered, and the established
appeal fees. The affected party shall be given at least fifteen (15) days’ written notice of the
hearing.
Section 21.290.030 Conduct of Hearing.
The Hearing Officer shall not be bound by the formal rules of evidence and shall conduct the
hearing in a fair and impartial manner, giving the parties full opportunity for presentation of
evidence, cross-examination of witnesses, and argument.
Section 21.290.040 Findings and Order.
If the Hearing Officer finds that the Building Commissioner’s determination was not arbitrary and
capricious and was not conducted maliciously or in bad faith, the Hearing Officer shall issue an
endorsement validating the Building Commissioner’s determination. If the Hearing Officer finds
that the evidence does not support such a finding, the Hearing Officer shall direct the Building
Commissioner, where the contractor’s Certificate of Registration has been suspended or revoked,
to reinstate the same and to resume the building permit review process as prescribed in the adopted
technical codes. The finding of the Hearing Officer in no way invalidates or alters any requirement
of the adopted technical codes, as determined by the Building Commissioner.
Section 21.290.050 Cumulative Enforcement; Additional Penalties.
Any enforcement action taken by the City pursuant to the provisions of this Chapter shall be in
addition to any other penalties prescribed in the Code of Webster Groves.
Section 21.290.060 Judicial Review.
Any party aggrieved by an order of the Hearing Officer under this Section may appeal said order
to the Circuit Court as provided under Chapter 536, RSMo.
ARTICLE III CONSTRUCTION SITE STANDARDS
Section 21.300 Control and Maintenance of Construction Site.
Unless explicitly exempted, the regulations set forth in this chapter apply to all construction,
grading, and alteration activities within the city. The requirements herein govern all construction
sites, regardless of whether a permit or other prior approval is required for the work. All sites shall
be maintained in a safe, orderly, and compliant condition throughout the duration of construction
activity.
Section 21.310 Construction Times.
a. No person, firm, or corporation shall, without the written permission of the Building
Commissioner or his/her designee, engage in any Construction Activity or any facet
thereof within the City of Webster Groves except during the following hours:
i.
Monday through Friday: 7:00 a.m. to 8:00 p.m., local time;
ii.
Saturday: 7:00 a.m. to 7:00 p.m., local time; and
iii.
Sunday: 9:00 a.m. to 7:00 p.m., local time.
b. Construction Activity is prohibited on Holidays as defined in Section 21.100.
c. Extensions to the Construction Activity time limits may be approved upon written
request filed in the office of the Building Commissioner by an applicant directly
involved in the use of Heavy Equipment. Requests must be submitted by 12:00 noon
on the working day prior to the requested extension. The Building Commissioner may,
at his/her discretion, authorize an extension for good cause shown, subject to the
following limitations:
i.
Extensions on Monday through Friday may not authorize activity earlier than
7:00 a.m. or later than 10:00 p.m.; and
ii.
No extensions are permitted on Saturdays or Sundays, except that off-hours and
weekend extensions may be approved on a case-by-case basis in response to
critical emergencies, as determined by the Building Commissioner or designee.
Exception: Activities conducted by governmental authorities, public utilities, or
their duly authorized contractors when such activities are in response to
emergencies or are otherwise in the interest of public health and safety.
Section 21.320 Construction Noise.
It shall be unlawful for any person to operate any equipment on any construction site if the
operation of that device emits noise, measured at the lot line of the construction site, in excess of
the following OSHA Daily Permissible Noise Level Exposure limits:
Hours per Day
Sound Level
8
90 dB
6
92 dB
4
95 dB
3
97 dB
2
100 dB
1.5
102 dB
1
105 dB
0.5
110 dB
0.25 or less
115 dB
a. No activity as measured along a residential property line may generate noise greater
than 70 dB without written authorization from the Building Commissioner.
b. Construction and maintenance activities during those times that construction activities
are permitted are not to exceed the noise level exposures as outlined in this Section.
Exception: Activities during times of an emergency nature.
Section 21.330 Construction Site Requirements.
To ensure public safety and minimize community impacts, all applicable work sites must maintain
the following operational standards continuously throughout the duration of the project, from
initial site preparation to final completion.
Section 21.330.010 Dust Control.
Property owners, operators, or contractors shall provide control for on-site dust or any other
airborne materials arising from operations including, but not limited to, construction, drilling, earth
moving, excavating, or demolition, such that materials remain on the job site.
Section 21.330.020 Construction/Demolition Debris - Dumpster(s) Required.
a. All sites upon which construction or demolition activities occur shall have, entirely on-site,
a dumpster(s) of sufficient capacity to contain the construction debris generated by the
construction activity on said site. Only waste material related to the site shall be deposited
in the dumpsters.
i.
When it is not practical to place dumpsters on-site, a permit shall be obtained from
the Director of Public Works prior to the placement of the dumpster on any public
property or public right-of-way; and
ii.
When such authorization is granted, the Director of Public Works may require
approved warning devices to be installed to alert oncoming traffic.
b. The site shall be maintained free of all waste.
i.
All waste generated by construction or demolition activities shall be deposited into
the required dumpsters by the end of each workday and shall not be allowed to
accumulate upon the site.
ii.
Yard waste shall not be commingled with construction debris or other waste.
c. All dumpsters located on the site, or when authorized to be located upon public property,
shall be equipped with a cover or similar means to ensure that content remains contained.
d. Every dumpster that has been filled, or whose contents generate noxious odors or other
nuisances, shall be removed from the construction site and replaced with an empty
dumpster as needed until construction debris is no longer generated on the site.
e. Burning of Waste Expressly Prohibited. Construction, yard, or any other waste shall not be
burned on site in lieu of removal.
f. Failure to maintain site free of waste. If the contractor fails to maintain the site free of waste
to the satisfaction of the City, the City may declare the site to be a public nuisance. Failure
to maintain a site free of waste shall constitute a public nuisance pursuant to Section 31.010
of the Code of Webster Groves. The Contractor shall be subject to penalties under the
provisions of the Code of Webster Groves, and the City may also pursue abatement of the
nuisance in accordance with Chapter 31 Nuisances of the Code of Webster Groves.
Section 21.330.030 Public Infrastructure Protection and Site Stabilization.
a. Removal of Spillage and Track-out. When construction practices or site operations result
in the deposition, spillage, or vehicle tracking of soil, sediment, mud, or other debris onto
any public or private road, sidewalk, or public property, such material shall be removed
before the end of each working day. Removal shall be performed using mechanical vacuum
sweepers, regenerative air sweepers, or manual scraping and shoveling. The washing,
hosing, or flushing of sediment into any stormwater conveyance, curb, gutter, or storm
drain inlet is strictly prohibited. Dry sweeping or broom cleaning that creates airborne dust
is prohibited. For the purposes of this section, a street or sidewalk is not considered clean
until all accumulated sediment and debris have been physically removed from the
pavement surface.
b. Joint and several liability for tracking. The property owner and the contractor shall be held
jointly and severally liable for any spillage, tracking of sediment, or mud deposited onto
public or private roads, sidewalks, or public property. Enforcement actions, citations, and
abatement costs may be issued to or recovered from the contractor, the property owner, or
both.
c. Failure to clean street/sidewalk. If the contractor or property owner fails to clean the street
and/or sidewalk to the satisfaction of the City, the City may declare the site a public
nuisance. Failure to clean a street or sidewalk shall constitute a public nuisance pursuant
to Section 31.010 of the Code of Webster Groves. Violators shall be subject to penalties
under the provisions of this Code, and the City may also pursue abatement of the nuisance
in accordance with Chapter 31 Nuisances of the Code of Webster Groves.
d. Use of public property. The use of public property for the storage of equipment, materials
and spoilage is prohibited.
Exception. Uses approved by the Director of Public Works.
e. Maintain streets and sidewalks free of obstructions. All streets and sidewalks located on
sites and on public property shall be maintained free from obstructions.
Exception. Uses approved by the Director of Public Works.
f. Damage to streets and sidewalks. Should damage occur to utilities and/or public property
including but not limited to streets, curbs, gutters, tree lawns, sidewalks and utilities
(overhead and underground), damage shall be repaired or replaced immediately subject to
review, permitting, and approval by the Department of Public Works.
Exception. Damage that has not created an imminent danger or caused the absence of
essential services may be delayed. However, all damage shall be repaired or replaced prior
to the completion of the project.
g. Repairs to meet city specifications. All repairs to and replacements of utilities and work on
public property shall be completed in accordance with accepted engineering practices and
the standards and specifications of the City of Webster Groves.
h. Failure to repair damage. Failure to repair damage shall constitute a public nuisance
pursuant to section 31.010 of the Code of Webster Groves. Failure to repair damage to a
street or sidewalk shall constitute a public nuisance pursuant to Section 31.010 of the Code
of Webster Groves. The City may also pursue abatement of the nuisance in accordance
with Chapter 31 Nuisances of the Code of Webster Groves.
i. Stabilized construction site entrance/exits. Stabilized construction site entrances and exits
shall be required as provided for in Chapter 81 Land Disturbance Code. Each commercial
construction site or subdivision construction site entrance shall have its driveway or
roadway (as delineated on the building permit application site plan) rocked with 1- to 3inch clean stone, reclaimed stone, or recycled concrete equivalent to a minimum depth of
six (6) inches atop geotextile fabric.
Exception. This requirement may be waived if a permanent paved driveway or entry road
is in place and is utilized by all construction equipment and delivery vehicles.
j. Maintenance of rock drives. Rock drives or roadways must be constructed and
continuously maintained to prevent the tracking of sediment offsite. The Building
Commissioner or his/her designee may require rock replacement and/or additional soil
stabilization at his/her discretion.
k. Construction deliveries. All deliveries of building materials of all kinds shall be made
utilizing the designated, stabilized rock road or driveway, without exception.
l. Best management practices. All erosion control measures shall meet the design criteria,
standards and specifications for Land Disturbance as provided for in Chapter 81 Land
Disturbance Code.
m. Onsite spoilage and materials storage. Spoilage and materials shall be stabilized as
provided for in Chapter 81 Land Disturbance Code.
Section 21.330.040 Sanitary Facilities.
a. On-site facilities required. Each construction site shall provide functional sanitary
facilities, including both toilet and hand-washing stations, located on-site and within three
hundred (300) feet of the active work area for the use of all personnel.
b. Location of portable toilets. Portable sanitary facilities must be located entirely within the
private boundaries of the construction site and are strictly prohibited on public property.
Placement of these facilities shall comply with the following minimum setback and
orientation standards:
i.
Curb setback: Minimum of fifteen (15) feet from all curb lines.
ii.
Property line setback: Minimum of ten (10) feet from all side property lines.
iii.
Aesthetics: Positioned to minimize adverse visual impacts from public rights-ofway and neighboring properties.
iv.
Orientation: Unit doors shall face inward toward the construction site and shall not
face any street or adjacent property line.
c. Servicing. Waste from sanitary facilities shall be discharged directly into an approved
sanitary sewer system. If a portable, non-sewered unit is utilized, it must consist of an
enclosed, chemically treated tank. All portable units shall be pumped and serviced on a
regular schedule to maintain sanitary conditions and proper functionality.
d. Securing, Anchoring, and Locking After Hours. All portable toilets, temporary privies, and
mobile sanitation units placed on any active or inactive permit site must comply with the
following standards:
i.
After-Hours Lockage: All units must be securely padlocked, combination-locked,
or otherwise restricted from unauthorized public entry during non-working hours,
holidays, weekends, or any period when no active, permitted construction or
demolition activity is taking place on the site.
ii.
Structural Anchoring: To prevent tipping, displacement, or inversion caused by
high winds, severe weather, or intentional vandalism, every unit must be
structurally anchored to level ground or a fixed, stable structure. Acceptable
anchoring methods include:
1) Mechanical ground stakes or rebar anchors driven to a minimum depth of
12 inches; or
2) Heavy-duty ratcheting tie-down straps secured to a permanent structure or
weighted ballast; or
3) Integrated ballast weights weighing a minimum of 100 total pounds secured
directly to the base or frame of the unit.
iii.
Maintenance and Liability: The permit holder, property owner, and prime general
contractor shall be held jointly and severally liable for maintaining these securing
mechanisms in working order. Failure to secure a unit constitutes a code violation
subject to a stop-work order or fine as prescribed in Section 21.330.170 Violations
and Penalties.
Section 21.330.050 Unsafe Conditions & Equipment/Attractive Nuisance.
Sites shall be maintained so that they do not create an attractive nuisance. Any structure, temporary
construction, operation, equipment, materials, or lands found to be defective or unsafe, and posing
a risk to the public and property, shall be immediately secured and corrected, or removed from the
site.
Section 21.330.060 Safety Measures and Protection of Excavations.
a. Excavation Protection. Construction fences, high-durability barriers, or secure covers shall
be required for the protection of the public at all times.
1. Fall Protection (30 inches or deeper): When an on-site excavation is thirty (30) inches
deep or greater and left unattended, the contractor shall immediately secure the
perimeter with an adequate cover or a continuous, rigid physical barrier to prevent
accidental falls.
2. Fencing Requirements (4 feet or deeper): When an on-site excavation is four (4) feet
deep or greater, the contractor shall install and maintain a continuous construction fence
that is not less than four (4) feet high around the entire perimeter before leaving the site
unattended. This requirement applies immediately upon excavation and does not
depend on the duration the excavation remains open.
b. Public Property and Proximity Protection. When an excavation of any depth is made on
public property, or within ten (10) feet of a public right-of-way or pedestrian walkway, the
excavation shall be protected at all times by a continuous construction fence not less than
four (4) feet high, or by a load-bearing, securely anchored cover capable of supporting
anticipated pedestrian traffic.
c. Maintenance of Protection. All fences, barriers, covers, and warning devices shall be
maintained in good, functional condition during the entire period of construction, utility
work, or demolition. The contractor shall inspect these protections daily and immediately
repair any deficiencies.
d. Excavations in Public Right-of-Way Left Open Overnight. When it is necessary to leave
an excavation in a public right-of-way open overnight and unattended, the contractor shall
provide the following protections in addition to the requirements in sections (a) and (b)
above:
1. Highly visible barricades equipped with steady-burn or flashing warning lights shall be
placed on all exposed sides of the excavation.
2. Warning lights and reflective signage must be positioned to provide clear, early
visibility to oncoming vehicular traffic and pedestrians from a safe stopping distance.
Section 21.330.070 Storage of Construction Materials, Vehicles, Equipment and Trailers.
a. General. All construction materials, vehicles, equipment, and trailers shall be stored on site
to the extent practical. The use of public property or the public right-of-way for storage of
any kind is prohibited except as specifically provided herein or as directed or approved by
the City.
b. Construction Materials. Construction materials shall be stored, maintained, and secured so
as to prevent safety risk or danger.
c. Construction Vehicles and Equipment. Each site shall provide sufficient area on site for all
construction vehicles, heavy equipment, and equipment (all as defined in this Chapter).
Construction vehicles and equipment shall not be stored on site unless they are being used
or intended for immediate use and are needed for the project. Construction vehicles and
equipment shall not be staged more than forty-eight (48) hours before their intended use
and must be removed within forty-eight (48) hours of the end of their intended use.
d. Trailers. Trailers used for the storage of construction or demolition tools, supplies, or
materials in connection with activities upon a single-family residential site shall not exceed
one thousand (1,000) cubic feet of enclosed space or one hundred fifty (150) square feet if
open. Where the only practical location for a trailer is on public property, the trailer shall
be located immediately in front of and adjacent to the site and only during times when the
contractor utilizing the trailer is actively engaged in construction or demolition activities
on the site.
Section 21.330.080 ADA Access During Construction.
No person shall conduct any construction or repair work that interferes with or encroaches upon
the public right-of-way unless that person establishes and maintains an accessible path of travel
during construction for use by persons including those with disabilities, and maintains adequate
approved signage directing users to that path, as approved by the Building Commissioner.
Section 21.330.090 Installation and Security of Temporary Units.
Any Trailer, Container, Portable Storage Unit, or Temporary Site Structure utilized on private
property overnight as a temporary office, field office, decontamination unit, or storage facility
shall be properly installed in accordance with accepted construction practices and manufacturer
recommendations, subject to review, permitting, and approval by the Department of Planning and
Development. Installation shall include adequate means of securing the structure against
movement, tipping, or displacement, such as tie-downs, piers, anchors, or skirting, as approved by
the Building Commissioner to ensure life safety and to avoid creating a blighting influence on the
neighborhood.
Section 21.330.100 Responsibility.
It shall be the responsibility of the Contractor, as defined herein, the permit holder, and any
individual or entity acting under their direction to ensure compliance with all provisions of this
Chapter.
Nothing in this Section shall be construed to relieve any person engaged in construction or
demolition operations from complying with other applicable provisions of law, nor is it intended
to alter or diminish any obligation otherwise imposed by law on any party, including the owner,
construction manager, general contractor, subcontractors, material suppliers, registered design
professionals, or any other party, to engage in sound design and engineering, safe construction and
demolition practices, debris removal, and to act in a reasonable and responsible manner to maintain
a safe site.
Section 21.330.110 Compliance Certification Requirement.
a. As a condition of permit issuance, renewal, inspection, occupancy approval, release of
deposits, continuation of work, or final approval, the Building Commissioner may require
sworn compliance certifications from permit holders, contractors, developers, owners,
registered design professionals, or other responsible parties.
b. Compliance certifications may include, but are not limited to:
i.
Verification of compliance with approved plans;
ii.
Verification of erosion control compliance;
iii.
Verification of tree protection compliance;
iv.
Verification of site stabilization;
v.
Verification of code compliance;
vi.
Verification that work has not been abandoned; and
vii.
Verification that no unsafe or nuisance conditions exist.
c. Failure to provide required certifications shall constitute grounds for withholding permits,
inspections, approvals, occupancy, releases, or continuation of work.
Section 21.330.120 Fraud, Misrepresentation and Concealment.
a. Any materially false statement, omission, concealment, forged certification, fraudulent
representation, or intentional misrepresentation made in connection with any permit,
inspection, affidavit, escrow, surety, compliance certification, or City approval shall
constitute grounds for immediate issuance of a Stop Work Order.
b. Fraud or misrepresentation shall additionally constitute grounds for permit suspension,
revocation, forfeiture of deposits, withholding of approvals, denial of permits, or referral
for prosecution.
Section 21.330.130 Related Entity Enforcement.
a. For purposes of enforcement under this Chapter, related entity shall include any individual,
corporation, partnership, limited liability company, trust, association, or other legal entity
sharing common ownership, management, operational control, financial interest, officers,
principals, contractors, or development interests.
b. The Building Commissioner may consider evidence including Secretary of State records,
permit records, ownership interests, operational control, contractor relationships,
management relationships, financial interests, or other competent evidence in determining
related entity status.
Section 21.330.140 Stop Work Orders.
a. The Building Commissioner is authorized to issue Stop Work Orders whenever work is
being performed contrary to this Chapter, contrary to approved plans, contrary to permit
conditions, or in a manner constituting fraud, concealment, nuisance, abandonment, unsafe
conditions, or threats to public health, safety, or welfare.
b. Stop Work Orders may suspend all work except work necessary to correct violations or
secure the site.
c. No work shall resume until authorized by the Building Commissioner.
Section 21.330.150 Abatement of Nuisances.
a. Abatement of Nuisance Notification. Any site determined by the Building Commissioner
or his/her representative to be a public nuisance shall be posted with a written notice
describing the nature of the nuisance, the Code section, and a prescribed deadline as
deemed appropriate and necessary by the Building Commissioner when the stated
nuisance shall be abated.
b. City Abatement. In the event a duly noticed nuisance is not abated prior to the prescribed
deadline, the City may abate same, and the cost thereof shall be levied as a special tax in
the manner provided for in Chapter 31 Nuisances of the Code of Webster Groves.
Section 21.330.160 Restoration of Abandoned Sites.
In the event a construction or demolition site is abandoned, the City may restore the site to a
reasonable condition by causing the lot to be graded and vegetated to a mowable condition. For
purposes of this Section, mowable condition means maintained by conventional mowing
equipment and does not include brush hogging or similar land clearing methods. Should such
action be necessary, the cost thereof may be levied as a lien against the property as provided in
Section 21.330.170.
Section 21.330.170 Violations and Penalties.
a. General Violations and Penalties. Any person who violates a provision of this Chapter,
fails to comply with any of its requirements, or who erects, constructs, alters, or repairs a
building or structure in violation of an approved plan, directive of the Building
Commissioner, or a permit or certificate issued under this Chapter, shall be guilty of an
ordinance violation, punishable by a fine of not more than one thousand dollars ($1,000.00)
or by imprisonment not exceeding ninety (90) days, or both. Each day that a violation
continues after due notice has been served shall be deemed a separate offense.
b. Work Commencing Before Permit Issuance. Any person who commences work on a
building, structure, electrical, gas, mechanical, plumbing, or fire protection system before
obtaining the necessary permits shall be subject to, in addition to any court-imposed fines
or costs, a permit fee equal to double the total regularly calculated permit fee, including
inspections.
c. Uncorrected Violations — Removal by City; Special Tax Bill. After the expiration of ten
(10) days from the date of notice of violation, if the violations are not removed, the Building
Commissioner shall cause the violation to be removed, keeping an accurate record of the
expense of all labor and material. The Building Commissioner shall report such expense to
the City Council, certifying to its correctness and identifying each lot by lot and block
numbers or other legal description, the date(s) on which removal occurred, and the name
and address of the owner, lessee, occupant, or other person exercising control of the lot.
Upon receipt of such report, the City Council shall assess against each lot a special
assessment equivalent to the expense incurred, plus administrative costs of forty dollars
($40.00), and shall direct the City Clerk to issue a special tax bill therefor. Such tax bill
shall be due and payable thirty (30) days after its date, shall bear interest at eight percent
(8%) per annum after thirty (30) days, and shall constitute a lien against the lot until paid.
d. Emergency Procedures. Whenever it becomes necessary to abate a nuisance immediately
to protect the public health, safety, or welfare, the City Manager may abate the nuisance
without prior notice, using any suitable means or assistance. The City Manager shall certify
the cost of abatement to the Council, which may by ordinance levy the cost as a special tax
against the property on which the nuisance was located. Such tax shall be collected as other
City taxes and shall constitute a first lien on the property until paid.
ARTICLE IV FINANCIAL GUARANTEES AND DEPOSITS: GENERAL PROVISIONS
Section 21.400 Title.
This Article shall be known as the "Financial Guarantees and Deposits Article."
Section 21.410 Intent and Purpose.
It is the intent of this Article and the Articles that follow to ensure that construction and
development projects within the City of Webster Groves are completed in a timely and
workmanlike manner, and to grant the City the authority to require, hold, and draw upon deposits
and other financial guarantees to cure violations caused by construction activity. Such violations
include, but are not limited to, project abandonment, failure to remove or repair unsafe conditions,
and completion of work in a non-workmanlike manner.
The provisions of this Article establish the shared framework, including definitions, deposit forms,
surety qualifications, compliance conditions, and cross-references, that governs all financial
guarantee and deposit obligations under this Chapter. Articles V and VI establish the specific
requirements applicable to development improvement guarantees and building completion
deposits, respectively. In the event of a conflict between a provision of this Article and a specific
provision of Article V or Article VI, the specific provision shall control.
INFORMATIONAL NOTE: Unsafe conditions include but are not limited to failure to
reestablish or install erosion control measures; failure to secure buildings against
unauthorized entry; excessive accumulation of trash and debris; failure to maintain or
install required tree protection; and the presence of standing water. Completion deposits
are intended primarily to ensure exterior completion of projects so that construction sites
do not give the appearance of abandonment or create blighting influences on the
surrounding community.
Section 21.420 Applicability.
a. Cumulative Application. The provisions of this Article and Articles V and VI apply
cumulatively. Compliance with one provision shall not relieve any party of the obligation to
comply with any other provision of this Code or applicable regulations.
b. Related Code Requirements. Compliance with subdivision, site development, grading, erosion
control, tree preservation, infrastructure, and public improvement requirements under the
following chapters of this Code shall be a condition of permit issuance, permit continuation,
inspections, occupancy approval, release of deposits, and final approval under this Chapter:
i.
Chapter 10, Article 4 — Tree Preservation Deposit requirements;
ii.
Chapter 20 — Buildings and Building Regulations;
iii.
Chapter 31 — Nuisances;
iv.
Chapter 50 — Subdivision Regulations
v.
Chapter 53 — Zoning Code
vi.
Chapter 57 — Tree Preservation and Landscape Requirements; and
vii.
Chapter 81, Land Disturbance Code.
c. Director's Authority to Select Guarantee Mechanism. The Director shall determine whether a
given project is subject to the Development Improvement Guarantee provisions of Article V, the
Building Completion Deposit provisions of Article VI, or both, based upon the nature, scale, and
circumstances of the project. The Director's determination shall be made in writing and shall be
provided to the applicant at or before the time of permit issuance.
d. Existing Agreements. Nothing in this Article shall be construed to modify, diminish, or release
any obligation under any deposit agreement, escrow, bond, letter of credit, or other surety executed
prior to the effective date of this Ordinance. All such prior obligations shall remain in full force
and effect and shall be enforceable under the terms under which they were issued, unless expressly
modified in writing by the Director.
Section 21.430 [Reserved]
Section 21.440 Permitted Forms of Deposit.
Unless a specific provision of Article V or Article VI expressly restricts the form of deposit, all
deposits required under this Chapter shall be made in conjunction with a deposit agreement
approved by the Director and City Attorney, and may be in any of the following forms:
a. Cash. Cash deposited with the City's Director of Finance shall be held in an interest-bearing
account dedicated for that purpose. All interest accruing on cash deposits shall accrue to
the City to offset the administrative and other costs of maintaining the deposits.
b. Letter of Credit. An irrevocable letter of credit drawn on a financial institution in the
Greater St. Louis Metropolitan Area of Missouri, and not Illinois, that is acceptable to and,
in a form, approved by the City Attorney and the Director. The following conditions apply
to all letters of credit submitted under this Chapter:
i.
The letter of credit may not be drawn on any financial institution with whom the
developer or a related entity has any ownership interest or joint financial connection
that creates any actual or potential lack of independence between the institution and
the developer;
ii.
The letter of credit shall provide that the issuing institution will pay on demand to
the City such amounts as the City may require to fulfill the obligations secured
thereby, and may be reduced from time to time upon the written authorization of
the Director;
iii.
The letter of credit shall be irrevocable for a minimum of two (2) years and shall
state that any balance remaining at expiration, if not renewed, shall automatically
be deposited in cash with the Director of Finance, unless a new letter of credit is
issued and accepted by the City or the City issues a written release of the secured
obligation;
iv.
The developer shall pay a non-refundable administrative fee of two hundred dollars
($200.00) upon submission of a letter of credit, and one hundred dollars ($100.00)
for any amendment or extension thereto; and
v.
Expiration of a letter of credit without renewal, replacement, or written release by
the City shall constitute an automatic act of default under the applicable deposit
agreement.
c. Negotiable Instruments. Certificates of Deposit, Treasury Bills, or other readily negotiable
instruments of a type approved by the Director, endorsed to the City, with a cash value not
less than the amount specified by the Director as the required deposit.
d. Performance Bond. A performance bond issued by a Surety Company with the City named
as the beneficiary, in a form approved by the City Attorney. Performance bonds are subject
to the surety disqualification provisions of Section 21.450.
Section 21.450 Surety Disqualification.
a. The City shall not accept any bond, letter of credit, or other financial instrument issued or
proposed by any surety or affiliate of a surety that has, within the preceding ten (10) years, refused
to pay upon formal demand all or part of a claim by the City on any bond or other obligation. Any
individual, corporation, or property owner aggrieved by this provision may appeal to the City
Council to request that the City accept such an instrument. In considering the appeal, the City
Council may weigh whether the prior refusal resulted in litigation, mediation, or arbitration;
whether the City's claim was wholly or partially upheld; whether the matter was settled; and any
other hardship evidence presented by the appellant.
b. In no instance shall any financial instrument be accepted from a surety or affiliate that is
currently in litigation, mediation, or arbitration with the City.
c. The City shall not accept the posting of any bond issued or proposed by any surety or affiliate
that has been involved in any litigation pertaining to a failure to pay a City claim within the past
ten (10) years as of the effective date of this Section.
Section 21.460 Compliance Certification as Condition of Deposit Release.
No deposit held under this Chapter shall be released, reduced, or refunded unless and until the
Director has determined that all of the following conditions are satisfied:
a. All work covered by the applicable permit or deposit agreement has been completed in
accordance with approved plans and City standards;
b. All required inspections have been completed and approved;
c. All compliance certifications required under Section 21.330.110 have been received and
accepted by the Director;
d. No outstanding violations, Stop Work Orders, nuisance declarations, or unresolved
enforcement actions are pending against the site, the permit holder, the contractor, the
developer, or any related entity with respect to the subject project; and
e. All fees, costs, assessments, and other sums due to the City in connection with the project
have been paid in full.
The Director may withhold release of any deposit pending resolution of any condition listed above,
regardless of whether construction activity has otherwise ceased. Partial releases may be
authorized by the Director in accordance with the specific provisions of Article V or Article VI,
provided all conditions applicable to the portion being released are satisfied.
Section 21.470 Tree Preservation Deposit.
In addition to any completion deposit or development improvement guarantee(s) required under
Articles V or VI of this Chapter, all projects subject to the requirements of Chapter 10, Article IV,
Webster Groves Public Tree and Landscape Requirements, and/or Chapter 57, Webster Groves
Tree Preservation and Landscape Requirements, of the Code of Webster Groves shall provide a
Tree Preservation Deposit. Satisfaction of Tree Preservation Deposit obligations is a condition of
permit continuation, inspections, occupancy approval, release of any other deposit held under this
Chapter, and final project approval. Failure to maintain the required Tree Preservation Deposit
shall constitute grounds for the issuance of a Stop Work Order under Section 21.330.140.
Section 21.480 Fraud and Misrepresentation in Connection with Deposits.
Any materially false statement, omission, concealment, forged instrument, fraudulent
representation, or intentional misrepresentation made in connection with any deposit agreement,
escrow submission, letter of credit, performance bond, compliance certification, or other financial
instrument required under this Chapter shall constitute grounds for:
a. Immediate issuance of a Stop Work Order under Section 21.330.140;
b. Forfeiture of all deposits held by the City in connection with the subject project;
c. Suspension or revocation of any permit issued in connection with the project;
d. Denial of future permit applications by the responsible party or any related entity; and
e. Referral to the City Attorney for civil or criminal prosecution.
ARTICLE V DEVELOPMENT IMPROVEMENT GUARANTEES
Section 21.500 Title.
This Article shall be known as the "Development Improvement Guarantees Article."
Section 21.510 Scope and Purpose.
This Article establishes the requirements by which a developer shall guarantee the construction,
completion, installation, and maintenance of required improvements as a condition of development
approval. These requirements are intended to protect the public interest by ensuring that all
improvements shown on approved improvement plans are completed in accordance with City
standards and within the time periods established herein.
The provisions of this Article apply to all developments subject to a deposit agreement with the
City. The shared provisions of Article IV, including definitions, permitted deposit forms, surety
disqualification, compliance certification conditions, and tree preservation deposit requirements,
apply to all obligations under this Article. The Director may determine, in writing, that the
Alternate Completion Deposit provisions of Article VI are more appropriate for a given project
based on its nature and scale, in which case Article VI shall govern in lieu of or in addition to this
Article as specified by the Director.
Section 21.520 Completion Guarantee by Developer.
After improvement plans have been substantially completed and all inspection and review fees
paid, but before the building permit is issued, the developer shall guarantee the completion of
required improvements by one of the following means:
a. Complete the improvements in accordance with the approved improvement plans under the
observation and inspection of the appropriate inspection agency; or
b. Provide a deposit or surety in a form permitted under Section 21.440 of this Chapter,
sufficient to guarantee the construction, completion, and installation of the improvements
shown on the approved improvement plans within the improvement completion period
approved by the Director, which shall not exceed two (2) years. The bond, escrow
agreement, or other required surety shall be prepared and executed on forms furnished by
the Director and shall be submitted to the City Council for approval or disapproval after
review and approval by the Director and the City Attorney.
c. MSD Reduction. For developments approved after the effective date of this Ordinance, any
guarantee or deposit required by the City for sanitary and storm sewers within the
jurisdiction of the Metropolitan St. Louis Sewer District (MSD) may be reduced
proportionally by the amount of any guarantee or escrow collected and held by MSD,
provided MSD confirms in writing that its requirement for assurance of completion is
satisfied. This provision shall not affect the intent or enforcement of any existing guarantee,
escrow, renewal, extension, or replacement thereof.
d. Pre-Plat Installation Requirement. The Director may require any specific improvement to
be installed prior to approval of the development plat where failure to install such
improvement before further development could result in damage to the site or surrounding
properties.
INFORMATIONAL NOTE: This requirement applies to, but is not limited to,
development within a floodplain or as regulated by the land disturbance provisions
of Chapter 81 Land Disturbance Code.
Section 21.530 Amount of Deposit.
The amount of the deposit required under this Article shall be calculated as follows:
a. Construction Deposit. In addition to the separate maintenance deposit, the construction
deposit shall be in the amount of one hundred ten percent (110%) of the Director's estimate
of the cost of construction, completion, and installation of the required improvements. The
Director shall adopt, to the extent practical, schedules reflecting current cost estimates of
typically required improvements.
b. Maintenance Deposit. The maintenance deposit shall be in the amount of ten percent (10%)
of the Director's estimate of the cost of construction, completion, and installation of all
required improvements. The maintenance deposit shall be established by cash sum or by
submission of a separate letter of credit in accordance with Section 21.440.
c. Credit for Installed Improvements. Where certain improvements are installed and approved
by the City prior to approval of the record plat, the gross amount of the construction deposit
shall be reduced by the Director's estimated cost of such pre-installed improvements.
d. Other Sureties. The deposit required for any and all other required sureties shall be as set
forth in the applicable Section of this Article.
Section 21.540 Deposit Agreement — Releases.
The deposit agreement shall be entered into with the City and shall require the developer to fulfill
all obligations imposed by this Article and include such other terms as the City Attorney may
require. The agreement shall authorize the Director to release cash or reduce the obligation secured
under the letter of credit, subject to the compliance certification conditions of Section 21.460, and
as follows:
a. General Releases. The Director shall release cash or reduce the letter of credit obligation
only after construction, completion, and installation of some phase of the improvements on
the approved improvement plans, receipt of requisite written notification from the
appropriate inspecting public authority, and approval by the Director; and only in the
amounts permitted herein.
b. Extension of Completion Period. If, at the end of the improvement completion period, all
improvements have not been completed, the developer may request, and the Director may
grant an extension of up to one (1) year if such extension is deemed necessary after review
by the Director. Any extension shall require that all guarantees be extended and approved
by the City Attorney. The Director may condition any extension upon completion of
specified items; execution of a new agreement; recalculation of deposit amounts;
satisfaction of new code requirements; or other reasonable conditions necessary to ensure
the extended agreement fully complies with the terms of this Article.
c. Construction Deposit Releases. After inspection of any specific improvements, the
Director may at his or her discretion release no more than ninety-five percent (95%) of the
original sum deposited for the construction of those specific improvements. Irrespective of
any discretionary prior releases, the remaining amount held for any category of
improvements for the entire development shall be released within thirty (30) days of
completion of all improvements in that category, minus a retention of five percent (5%),
which shall be released only upon completion of all improvements for the entire
development. All improvements in a category shall be deemed complete only when:
i.
Each and every component and line item within the category for the entire
development has been constructed and completed as required;
ii.
The developer has notified the Director in writing of the completion of all
components, provided all necessary or requested documentation, and requested an
inspection;
iii.
The developer is not in default or in breach of any obligation to the City under this
Article;
iv.
The inspection has been completed and the results approved in writing by the
Director; and
v.
The developer has paid all sums due to the City related to the project.
d. Continuing Obligations After Release. The developer shall continue to be responsible for
defects, deficiencies, and damage to streets and other required improvements throughout
the development process. No inspection approval or release of funds as to any component
or category shall constitute City approval of the improvement or otherwise release the
developer from its completion obligations until the final development release on all
improvements and maintenance has been issued. Inspection and approval of required
improvements shall not constitute acceptance of any improvement by the City as a public
improvement for which the City bears maintenance responsibility.
INFORMATIONAL NOTE: Required approvals may include those from MSD,
Ameren, Spire, Director of Public Works, Parks Superintendent, and other
applicable entities.
e. Deficient Improvements. No approval of required improvements shall be granted for
improvements that fail to meet the specifications established herein or otherwise adopted
by the Director or City Council.
f. Final Construction Deposit Release. Upon final inspection and approval of all required
improvements, the remaining construction deposit shall be released, provided that no funds
shall be released until the development is complete as determined by the Director.
Completion occurs when all documentation and certifications have been filed in complete
and acceptable form, all specific items have been inspected, all identified deficiencies have
been corrected, and the work has been approved by the City.
Section 21.550 Maintenance Guarantee.
a. Scope and Duration. Upon commencement of installation of the required improvements,
the developer shall be responsible for maintenance of those improvements, including, but
not limited to, undeveloped lots, streets, sidewalks, trees, common areas, erosion and
siltation control, and storm and drainage facilities, until twelve (12) months after
completion of the development and acceptance and/or approval of all required
improvements by the City, subject to the deposit agreement. Maintenance shall include
repair or replacement of all defects, deficiencies, and damage; abatement of nuisances;
removal of mud and debris; erosion control; grass cutting; removal of construction
materials not designated for use on the lot; and snow removal. All repairs and replacements
shall comply with City and/or St. Louis County, Missouri specifications and standards.
Any maintenance on improvements accepted by the City for public dedication shall be
completed under the supervision of and with the prior written approval of the Director. The
maintenance obligation for required improvements to existing public roads or other
existing public infrastructure already maintained by a public governmental entity shall
terminate upon the date such improvements have been inspected, the applicable deposit
released, and the improvements accepted by the City or appropriate agency for dedication.
The developer's snow removal obligations shall terminate on the date a street is accepted
by the City for public maintenance.
b. Maintenance Deposit — Amount and Use.
i.
The maintenance deposit shall be retained by the City to guarantee maintenance of
required improvements and shall be subject to the immediate order of the Director
to defray or reimburse any cost to the City of maintenance or repair that the
developer fails or refuses to perform. Except in emergency circumstances or where
action is otherwise required before written notice can be provided, the Director shall
provide the developer with a written demand and a reasonable opportunity to
perform the required maintenance before having such work performed by the City
or its agents. Where the maintenance deposit is determined to be insufficient, or
where the deposit has been drawn upon by the City for maintenance, the Director
shall have authority to require the developer to replace or replenish the deposit in
any form permitted under Section 21.440.
ii.
Portions of the maintenance deposit attributable to improvements accepted by any
third-party governmental entity or utility that is legally responsible for maintenance
of those improvements may be released upon such acceptance. The Director may
approve further releases if, after inspection, it is determined that the total
maintenance amount retained is clearly in excess of the amount necessary for
completion of the remaining maintenance obligation, after all reasonable
contingencies are considered.
iii.
Final Maintenance Deposit Release. Upon expiration of the maintenance
obligations established herein, the Director shall cause a final inspection to be made
of the required improvements. Funds shall be released if no defects or deficiencies
are found and all other obligations, including payment of all sums due, are
confirmed satisfied. This release shall in no way be construed to indemnify or
release any person from civil liability that may exist for defects or damages caused
by any construction, improvement, or development for which a deposit has been
released.
Section 21.560 Acceptance and Final Approval.
Before the developer's obligation to the City is terminated, all required improvements shall be
constructed under the observation and inspection of the inspecting agency and accepted for
maintenance or given final approval by the City. No obligation of the developer under this Article
shall be deemed discharged until the Director has issued a written final release confirming that all
improvements have been completed, inspected, accepted, and all sums paid.
ARTICLE VI BUILDING COMPLETION DEPOSITS
Section 21.600 Title.
This Article shall be known as the "Building Completion Deposits Article."
Section 21.610 Scope and Purpose.
This Article establishes the building completion deposit requirements applicable to individual
building permits. The Director may utilize the provisions of this Article in part, in total, or in lieu
of Article V based upon the nature and scale of the project. The shared provisions of Article IV,
including definitions, permitted deposit forms, surety disqualification, compliance certification
conditions, and tree preservation deposit requirements, apply to all obligations under this Article.
INFORMATIONAL NOTE: This Article is intended primarily for single-family
residential projects exclusive of large subdivisions, and for select small non-residential
projects. For large subdivision and multi-phased development projects, the Development
Improvement Guarantee provisions of Article V will typically govern.
Section 21.620 Building Permit — Completion Deposit at Issuance.
When a building permit is issued, a Completion Deposit in the amount of five hundred dollars
($500.00) plus one-half percent (0.5%) of the Improvement Value exceeding twenty thousand
dollars ($20,000.00) shall be due at the time of permit issuance. This amount is in addition to the
non-refundable building permit, plan review, and inspection fees. Completion Deposits are
refundable to the extent that actual funds have been deposited with the City, subject to the
conditions of this Article.
INFORMATIONAL NOTE: Completion Deposits are intended to encourage timely
project completion so that construction sites do not give the appearance of being in a
prolonged state of construction or abandonment.
Exceptions: No Completion Deposit is required for:
a. Construction activity exclusively interior to an existing fully enclosed structure;
b. Electrical, mechanical, plumbing, and fire protection permits; and
c. Projects with an Improvement Value of twenty thousand dollars ($20,000.00) or
less.
Section 21.630 Project Completion Deadlines.
All work covered by a Building Permit shall be completed within the following time periods
measured from the Date of Issue:
a. Single-family residential projects: nine (9) months for all exterior work.
b. All other projects: eighteen (18) months.
Should the project not be completed within the applicable time period, the Building Permit shall
be deemed expired. Upon expiration, the Completion Deposit shall be forfeited and placed in the
general fund of the City. Not more than two (2) extensions may be granted by the Building
Commissioner for cause, each not to exceed thirty (30) days, and not exceeding ninety (90) days
in the aggregate.
INFORMATIONAL NOTE: Should the permit expire, a three (3) month extension may
be granted solely for the purpose of completing the exterior of the structure and lot,
including but not limited to the building exterior, retaining walls, driveways, grading, and
vegetation. If the exterior is completed within that extension period, the permit may be
closed and the deposit refunded, and a new permit issued to complete any remaining
interior work. Should the exterior not be completed within the three-month extension, the
one-half percent (0.5%) completion deposit shall be forfeited, and a ten percent (10%)
completion deposit shall be required upon renewal of the building permit. Note also that
the Building Code provides that every permit issued shall become invalid unless the work
authorized is commenced within one hundred eighty (180) days after issuance, or if work
is suspended or abandoned for a period of one hundred eighty (180) days after
commencement. The Building Commissioner is authorized to grant one or more extensions
of time, not more than ninety (90) days each, upon written request and demonstrated
justifiable cause. The suspension or abandonment clock starts on the day of permit issuance
or the day of the last approved inspection. Permit transfers do not reset the expiration date.
Section 21.640 Deposit Refund.
Completion Deposits shall be refunded upon certification by the Director that the applicant has
completed the work to the satisfaction of the City prior to expiration of the Building Permit or any
granted extension, and upon satisfaction of all conditions set forth in Section 21.460. Inspection
and approval of the exterior of the project shall serve as evidence that the project may be closed
and a new permit issued to complete interior work, or that the project is fully complete. Deposits
shall be refunded to the person who paid the deposit.
Should a refund of the deposit be requested prior to final inspection and approval for any reason,
the deposit shall not be refunded until a replacement deposit of equal amount has been received by
the City. Such replacement does not extend the project completion deadline established under this
Article.
INFORMATIONAL NOTE: This requirement ensures that if the original depositing
contractor is replaced by a different contractor or by the homeowner, the completion
deposit remains available to the City as required.
Section 21.650 Renewal of Permit.
When a building permit has expired, all work, except that which the Building Commissioner
specifically authorizes as necessary to protect the safety and welfare of the community, shall cease
and may not resume until the Building Permit is renewed and reissued. A refundable Completion
Deposit in the amount of five hundred dollars ($500.00) or ten percent (10%) of the Improvement
Value, whichever is greater, up to a maximum Completion Deposit of fifty thousand dollars
($50,000.00), shall be due at the time of permit renewal, in addition to all non-refundable permit
renewal and inspection fees.
INFORMATIONAL NOTE: This escalated deposit upon renewal reflects the increased
risk of non-completion associated with a project that has already exceeded its original
completion deadline.
Exception: Any homeowner who was issued a Building Permit and acted as the contractor for
construction work at his or her owner-occupied residence, as provided in this Code, may employ
a registered contractor to renew the expired Building Permit. If a registered contractor renews the
permit, the renewed permit shall be subject to the standard initial Completion Deposit provisions
of Section 21.620, not the renewal deposit provisions of this Section. The homeowner's original
completion deposit shall be forfeited upon such renewal.
Section 21.660 Deposits — Refund or Waiver.
Deposits under this Article may be modified, refunded, or waived for cause by the Director. Any
such modification, refund, or waiver shall be documented in writing and placed in the project file.
ARTICLE VII ENFORCEMENT, DEFAULTS, AND SUSPENSIONS
Section 21.700 Title
This Article shall be known as the "Enforcement, Defaults, and Suspensions Article."
Section 21.710 Failure to Complete Improvements.
The obligation of the developer to construct, complete, install, and maintain the improvements
indicated on the approved improvement plans shall not cease until the developer is finally released
by the Building Commissioner. Deposit agreements and obligations under this Article are not
assignable by the developer.
If, after the initial improvement completion period, or after a later period as extended pursuant to
this Article, the required improvements are not constructed, completed, installed, accepted, and
maintained as required, or if the developer violates any provision of the deposit agreement, the
Director may notify the developer to show cause within not less than ten (10) days why the
developer should not be declared in default. Unless good cause is shown, no building or other
permit shall be issued to the developer during any period in which the developer is in violation of
the deposit agreement or any provision of this Code relating to the development.
If the developer fails to cure any default or present compelling reason why no default should be
declared, the Director shall declare the developer in default and may take any one or more of the
following actions:
a. Require the developer to submit an additional cash sum sufficient to guarantee completion
or maintenance of the required improvements, recalculated to account for any inflated or
increased costs of construction, maintenance, or redesign;
b. Deem the balance under the deposit agreement not theretofore released as forfeited to the
City, to be placed in an appropriate trust and agency account subject to the order of the
Director for purposes of letting contracts to bring about completion or maintenance of the
improvements or other appropriate purposes in the interest of public safety, health, and
welfare; or
c. Require the developer or surety to pay to the City the balance of the deposit not previously
released.
The failure of a developer to complete improvement obligations within the time provided by the
agreement (or any extension granted by the City), including the payment of funds to the City due
to such failure, or the expiration of a letter of credit, shall be deemed an automatic act of default
entitling the City to all remedies provided in this Article without further or prior notice. It shall be
the sole responsibility of the developer to timely request any extension. No right to an extension
shall exist or be assumed.
Section 21.720 Stop Work Orders and Suspension of Construction Rights.
In addition to or alternatively to the remedies set forth in Section 21.740, the Building
Commissioner may:
a. Suspend the right to continue construction by issuance of a Stop Work Order (SWO).
Issuance of an SWO shall result in suspension of all construction activity on the site until
the cause is resolved to the City's satisfaction. The SWO shall also suspend the right of the
permittee, applicant, owner, contractor, developer, or any related entity to build or
construct any structure or public improvement on any portion of the site. The Building
Commissioner, upon issuance of an SWO, is authorized to suspend the issuance of building
permits and occupancy permits and to suspend all inspections and plan reviews related to
any work on the site. SWOs shall specifically state the provisions of this Chapter being
violated. Any person who continues any work after an SWO has been posted, except work
related to remediation of the violation, shall be subject to penalties specified in this
Chapter.
The Building Commissioner shall give the developer ten (10) days' written notice of an
order under this subsection, with copies to all known sureties with outstanding obligations,
and shall record an affidavit of such notice with the Recorder of Deeds of St. Louis County,
Missouri. If, within the ten (10) day period, the Building Commissioner is not convinced
by compelling evidence that completion of the improvements is adequately assured, the
Building Commissioner shall order construction suspended on the undeveloped portion of
the development. The order shall be served upon the developer, with a copy to the issuer
or holder of the surety, and a copy recorded with the Recorder of Deeds. Public notice of
said order shall be conspicuously and prominently posted by the Building Commissioner
at the development site, containing at minimum the following language, which may be
supplemented at the Building Commissioner's discretion:
THIS DEVELOPMENT HAS BEEN DECLARED IN DEFAULT BY THE CITY
OF WEBSTER GROVES DIRECTOR OF PLANNING AND DEVELOPMENT.
NO DEVELOPMENT, CONSTRUCTION, BUILDING, OR DEMOLITION IN
ANY MANNER SHALL TAKE PLACE WITHIN THE LIMITS OF THIS
DEVELOPMENT UNTIL SUCH TIME AS THE CITY OF WEBSTER
GROVES’ BUILDING COMMISSIONER REMOVES THIS PROHIBITION.
ANY DEVELOPMENT, CONSTRUCTION, BUILDING, OR DEMOLITION IN
ANY MANNER WHILE THIS PROHIBITION IS IN EFFECT IS ILLEGAL
AND SHALL BE ENFORCED PURSUANT TO SECTION 21.330.170 OF THE
CODE OF WEBSTER GROVES.
The suspension shall be rescinded in whole or in part only when the Building
Commissioner is satisfied that completion of the improvements is adequately assured in all
or an appropriate part of the development and a guarantee of maintenance is provided.
b. Suspend the rights of the developer, or any related entity, to construct structures in any
development platted after the effective date of such suspension throughout the City. The
Building Commissioner shall give the developer ten (10) days' written notice, with a copy
to known sureties, and shall record an affidavit of notice with the Recorder of Deeds. If,
within the ten (10) day period, the Building Commissioner is not convinced that completion
of the improvements is adequately assured, the Building Commissioner shall order
construction suspended. The order shall be served upon the developer, with a copy to the
surety as appropriate, and recorded with the Recorder of Deeds. The suspension shall be
rescinded only when the Building Commissioner is satisfied that completion and
maintenance of the improvements is adequately assured.
Section 21.730 Suspension of Development Rights.
From and after the effective date of this Section, if a developer or any related entity has a
development improvement guarantee that is in default, as determined by the Director, including
any escrow, fees, or bond under any prior version of this Chapter, the following shall apply:
a. The Director shall be authorized, but not limited, to pursue the remedies set forth in Section
21.740, without limitation; and
b. The rights of the developer, or any related entity, to receive development approval, which
approval shall include, but is not limited to, approval of any plat or deposit agreement for
new or further development in the City, shall be suspended. The suspension shall be
rescinded only when the Director is satisfied that completion and maintenance of the
improvements is adequately assured.
Section 21.740 Financial Remedies and Legal Action.
The remedies set forth in this Article are available to the City in addition to, and not in lieu of, any
other remedies provided herein, and may be pursued concurrently or independently.
If any party or related entity fails to comply with any obligation of this Article, the Director may
recommend that the City Attorney take appropriate legal action and may also withhold any
building or occupancy permits to that developer or related entities until compliance is cured.
The City shall also have the right to partially or wholly remedy a developer's deficiencies or
breached obligations by set-off of any funds or assets otherwise held by the City to the maximum
extent permitted by law. Such set-off shall occur upon written notice by the Director to the
developer after the developer has failed to timely cure the deficiencies.
It shall be deemed a provision of every deposit agreement authorized under this Article that the
developer shall pay the City's costs, including reasonable attorney's fees, of enforcing such
agreement in the event that the developer is judicially determined to have violated any provision
herein or in such agreement.
ARTICLE VIII APPEALS AND ADMINISTRATIVE PROVISIONS
Section 21.800 Title
This Article shall be known as the "Appeals and Administrative Provisions Article."
Section 21.810 Appeals — Development Improvement Guarantees.
If the developer believes that a release or certificate of completion has been improperly denied
under Article IV, V, or VI of this Chapter, an appeal shall be filed with the City's Board of
Adjustment, as appropriate, and no such denial shall be deemed final until such appeal procedure
has been exhausted.
The developer may appeal any other decision taken pursuant to Articles IV, V, or VI by filing an
appeal under the City's administrative review procedure.
Section 21.820 Appeals — Alternate Completion Deposits.
Any person directly affected by the provisions of Article VI may appeal to the Director, provided
that a written letter of appeal is filed not more than twenty (20) days after the expiration date. The
appeal shall be based on an extraordinary or exceptional situation, condition, or hardship that is
not self-imposed. The Director's decision on appeal shall be issued in writing and placed in the
project file.
Section 21.830 Related Entities — Development Guarantees.
For purposes of Articles IV, V, and VI of this Chapter, a developer is a "related entity" of another
person:
a. If either has a principal or controlling interest in the other; or
b. If any person, firm, corporation, association, partnership, or other entity with a controlling
interest in one has a principal or controlling interest in the other. The identification of
related entities shall be supported by documentation from the Secretary of State's Office,
Jefferson City, Missouri.
Section 21.840 Severability.
If any section, subsection, sentence, clause, or phrase of this Chapter is for any reason held to be
invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this Chapter. The City Council hereby declares that it would
have adopted this Chapter and each section, subsection, sentence, clause, and phrase thereof
irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases
may be declared invalid or unconstitutional.
Section 21.850 Cross-Reference to Other Code Provisions.
The following provisions of the Code of Webster Groves are directly applicable to and should be
read in conjunction with this Chapter:
a.
b.
c.
d.
e.
f.
g.
Chapter 10, Article 4 Tree Preservation Deposit requirements;
Chapter 20 Buildings and Building Regulations;
Chapter 31 Nuisances;
Chapter 50 Subdivision Regulations
Chapter 53 Zoning Code
Chapter 57 Tree Preservation and Landscape Requirements; and
Chapter 81 Land Disturbance Code.
BILL #9322
ORDINANCE #9322
AN ORDINANCE AMENDING CHAPTER 30 ("HOUSING") OF THE CODE OF
ORDINANCES OF THE CITY OF WEBSTER GROVES BY REPEALING ARTICLE IV
AND ENACTING A NEW ARTICLE IV ENTITLED "UNIVERSAL OCCUPANCY
PERMITS AND RENTAL PROPERTY REGISTRATION PROGRAM" TO
STANDARDIZE LIFE SAFETY PROCEDURES AND PRESERVE THE CITY’S
HOUSING STOCK
WHEREAS, the City Council of the City of Webster Groves finds that the preservation,
maintenance, and structural safety of both residential and non-residential building stock are critical
components to preventing urban blight and protecting the public health, safety, and general welfare
of all citizens; and
WHEREAS, the historical housing code framework contained periodic three-year rolling
inspection schedules that exempted multi-family housing units from individual change-ofoccupancy inspections, creating systemic enforcement gaps that compromised tenant life-safety
metrics; and
WHEREAS, to ensure equal protection under the law and guarantee a uniform standard of
baseline structural safety for all residents, the City desires to institute a universal requirement
mandating physical safety and property maintenance inspections at every change of occupancy or
tenancy across all residential structures without distinction; and
WHEREAS, the operation of residential rental properties constitutes a business activity
that directly impacts neighborhood stability, requiring an updated, efficient, and centralized system
of annual registration to track ownership accountability, identify corporate entity principals, and
designate accessible local agents for emergency notifications and service of process; and
WHEREAS, it is the intent of the City Council to streamline municipal administration,
strip away redundant regulatory verbiage, and perfectly synchronize our local general ordinances
with the field enforcement mechanisms provided within our adopted technical codes;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
WEBSTER GROVES, MISSOURI, AS FOLLOWS:
Section 1: Chapter 30, Article IV of the Code of Webster Groves, Missouri, entitled "Occupancy
Inspection Ordinance," is hereby repealed in its entirety and a new Chapter 30, Article
IV, entitled "Universal Occupancy Permits and Rental Property Registration Program,"
is enacted to read as follows:
“Sec. 30.600. Intent, Purpose, and Scope.
A. Intent. It is the intent of this Article to establish a unified administrative mechanism
to ensure that the city's building stock is monitored for health and safety, while
providing an updated tracking system specifically targeting the accountability of
residential rental property operations.
B. Purpose. The purpose of this Article is to preserve and enhance the structural
integrity and aesthetic value of all residential and non-residential property in the
City of Webster Groves, prevent urban blight, and protect the life safety, health,
and general welfare of all citizens.
Page 1 of 16
C. Scope.
1. The Occupancy Permit and Inspection requirements of this Article shall apply
universally to all structures, building use groups, and occupancy classifications
within the corporate limits of the City, including but not limited to all
residential, commercial, industrial, mercantile, business, educational,
institutional, and assembly occupancies (including houses of worship). No
structure shall be exempt from basic life-safety compliance.
INFORMATIONAL NOTE: This means every single building in the
city must have an occupancy permit and pass occupancy inspections.
This includes homes, apartments, retail stores, offices, factories,
schools, warehouses, and places where groups gather, such as churches,
temples, and event halls.
2. The Landlord Registration requirements of this Article shall apply strictly and
exclusively to residential rental structures, including single-family, two-family,
and multi-family rental structures.
INFORMATIONAL NOTE: Only landlords who rent out residential
properties (such as houses, duplexes, condominiums, or apartments) are
required to register. Non-residential properties, owner-occupied homes,
and community spaces do not need to register under this specific
landlord program.
Sec. 30.610. Definitions.
For the purposes of this Article, the following terms, phrases, and words shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Aluminum Branch-Circuit Conductors. Solid aluminum conductors serving 15or 20-ampere, 120-volt branch circuits, as addressed in NFPA 70, Section
110.14(D), as adopted and amended by the City.
Building Commissioner. The Building Commissioner of the City of Webster
Groves, Missouri, as established under Section 3.220 of the City Code, or their
designated authorized code enforcement officers or inspectors.
Certificate of Compliance. An administrative document issued by the Building
Commissioner confirming a pre-occupancy safety and property maintenance
inspection was completed and no visible violations were found. This certificate
applies strictly to the non-invasive scope of inspection, does not constitute a
warranty against latent defects, does not authorize physical occupancy, and must
be exchanged for a Permit to Occupy.
City. The City of Webster Groves, Missouri.
Code of Webster Groves. The Revised Code of Ordinances of the City of Webster
Groves, Missouri, and any subsequent amendments thereto.
Conditional Occupancy Permit. A temporary authorization issued by the
Building Commissioner allowing occupancy of a structure that does not fully
comply with all applicable code requirements, subject to the regulatory conditions
and enforcement criteria established in Sec. 30.640.
Page 2 of 16
Director. The Director of the Department of Planning and Development of the City
of Webster Groves, Missouri, or their designated authorized representative.
Dwelling, Single-Family, Single-Family Attached, Two-Family, and MultiFamily. These terms shall carry the identical structural and usage definitions
established within Chapter 53 ("Zoning") of the Code of Webster Groves, Missouri
(hereinafter referred to as the "Zoning Ordinance"), and are incorporated herein by
reference as if fully set forth.
Fire Code Official. The Fire Chief of the City of Webster Groves, Missouri, or
their designated authorized representative, including the Fire Marshal, as
established under Article VI of the City Code.
Hearing Officer. The City Manager of the City of Webster Groves, Missouri, or
their designated authorized representative appointed to oversee administrative
appeals and show-cause hearings.
Informational Note. Supplementary text provided solely for guidance,
clarification, or illustrative examples. An Informational Note is strictly
informational, explanatory, and not legally enforceable. It does not create, modify,
or impose any independent legal mandates, obligations, or restrictions beyond those
expressly stated in the binding sections of the code.
Knob-and-Tube Wiring. Has the meaning given that term in NFPA 70, Article
394, as adopted and amended by the City.
Operator, Landlord, or Owner. Any person, partnership, limited liability
company (LLC), trust, corporation, estate, or other legal business organization who,
singularly or jointly with others, holds legal or equitable title to manages, dictates
operational control of, rents, leases, or continues to rent or lease any residential real
property, or offers any residential real property for rent or lease.
Pre-Occupancy Occupancy Inspection. A non-invasive, visual baseline
assessment by the Building Commissioner or Fire Code Official to verify clear
compliance with life-safety, zoning, and property maintenance codes. It is strictly
limited to readily accessible areas and visible conditions. It does not require
opening walls, removing finishes, or displacing utility covers. It shall not constitute
an engineering evaluation, a comprehensive home inspection, or a municipal
warranty against latent or hidden defects.
Residential Rental Property. Any single-family, two-family, or multi-family
dwelling structure, or any individual dwelling unit therein, that is occupied by
someone other than the record legal owner, regardless of whether or not a formal
lease agreement exists or financial compensation is exchanged.
PART A: UNIVERSAL
PROPERTIES)
CHANGE-OF-OCCUPANCY
PERMITS
(ALL
Sec. 30.620. Permit Requirements and Pre-Occupancy Inspections.
A. Occupancy Permit Required; Joint and Several Liability. It shall be unlawful
for any person, owner, agent, buyer, tenant, or occupant, both jointly and severally,
to occupy, use, manage, or permit the occupancy or use of any premises for any
purpose, including the movement of furniture, equipment, inventory, or other
Page 3 of 16
personal property into the premises, until a Permit to Occupy has been issued by
the Building Commissioner.
B. Owner Duty to Initiate. The absolute duty to apply for, schedule, and secure a preoccupancy occupancy inspection, and to remit all associated municipal fees, rests
strictly upon the current owner, seller, lessor, or authorized corporate agent of the
property. The application for inspection must be executed and submitted to the
Building Commissioner prior to any change of ownership, tenancy, or business
identity. The failure of an owner, seller, or lessor to initiate this inspection prior to
a transfer of interest constitutes a distinct violation of this Code, subject to
municipal penalties. Shifting compliance responsibilities to a buyer under Sec.
30.630 does not retroactively cure or dismiss the seller's initial violation under this
Subsection.
C. Condition of Issuance. The Permit to Occupy shall not be issued until the Building
Commissioner verifies that the premises, including all real property, structures, and
uses thereon, comply with the provisions of the City's adopted technical codes,
Zoning Ordinance, and this Code of Ordinances. For two-family, multi-family,
multi-tenant, or multi-use structures, this inspection shall comprehensively include
the individual unit, all shared interior common areas (including hallways,
basements, laundry rooms, and utility closets), and the entire exterior premises of
the property.
D. Inspection, Repairs, and Certificate of Compliance. Where a pre-occupancy
inspection identifies no deficiencies or when deficiencies are identified and the
responsible party completes the necessary repairs, requests a re-inspection, and
upon verification that the premises comply with the applicable codes, the Building
Commissioner shall issue a Certificate of Compliance. The validity of a Certificate
of Compliance, and the process for exchanging it for a Permit to Occupy, are
governed by Sec. 30.620(E).
E. Proactive Landlord Inspections. Any owner or operator of a residential rental
property may proactively apply and schedule a pre-occupancy safety and property
maintenance inspection for a vacant unit prior to securing an active tenant or
executing a formal lease agreement. If the unit complies with all applicable codes,
the Building Commissioner shall issue a Certificate of Compliance. This certificate
shall stand as administrative proof that the unit is approved for tenancy, subject to
the expiration limits in Subsection F. A formal Permit to Occupy shall not be
generated, and physical occupancy remains prohibited, until the landlord submits
the required tenant identification information to the Building Commissioner to
complete the sequence.
F. Certificate Longevity. An inspection compliance certificate generated pursuant to
this Article for any use group shall remain valid for a maximum duration of ninety
(90) days from the inspection date. If physical occupancy by a tenant, business, or
owner does not occur within this timeframe, a new inspection and permit sequence
shall be required.
G. Business License Serving as Permit. For the purposes of changes in commercial
occupancy, the formal issuance of a City business license may serve as the official
Permit to Occupy when an inspection is required strictly by the Property
Maintenance Code, and no active structural building permit or new Certificate of
Page 4 of 16
Occupancy is triggered under the Building Code listed in Chapter 20 of the City
Code. Exception: A home occupation requiring a business license shall not bypass
standard residential change of tenancy permit processes.
Sec. 30.630. Real Estate Sales, Closings, Escrows, and Disclosures.
A. Private Agreements Do Not Bind the City. The existence of an "As-Is" provision,
waiver, or disclosure in any private contract for sale or transfer of title between a
buyer and seller shall strictly govern the private liabilities between those parties
alone. An "As-Is" agreement shall not alter, waive, or diminish the absolute duties,
inspection requirements, occupancy prohibitions, or penalties established under this
Section, which remain fully enforceable against all responsible parties regardless
of any private contractual agreements.
B. Mandatory Disclosures and Transaction Requirements.
1. Notice to Seller. Upon execution of a listing agreement, or upon formal listing
of the property for sale, whichever occurs first, the seller's real estate agent, if
any, shall provide the seller written notice of the seller's obligations under this
Section. Upon receipt, the seller is deemed to have actual notice of the
requirements of this Section and bears direct responsibility for compliance,
independent of the agent's own liability under this Subsection. Failure to
provide the required notice is a violation subject to Sec. 1.060. - Penalty,
continuing violation.
2. Notice to Buyer. Upon the making of an offer or the execution of a contract to
purchase, whichever occurs first, the seller, or the seller's agent if represented,
shall give the buyer and the buyer's agent, if any, written notice of the
requirements of this Section, including the occupancy prohibition in Sec.
30.620(A) and, if applicable, the escrow and post-closing completion
requirements in Subsection D. Untimely or omitted notice under this Subsection
does not affect the validity of the offer, contract, closing, or transfer of title,
does not by itself give rise to a right of rescission, and does not create, expand,
or eliminate any private right of action otherwise available under separate law.
Failure to give the required notice is a violation subject to Sec. 1.060. - Penalty,
continuing violation.
C. Unrepresented Parties. In any real estate transaction where a party is not
represented by a licensed real estate broker or salesperson:
1. Unrepresented Sellers: Shall bear the sole, direct legal obligation to provide
written disclosure of the mandatory occupancy inspection and occupancy
permit requirement to the prospective Buyer prior to closing.
2. Unrepresented Buyers: Must ensure compliance with the occupancy
prohibition, and shall be deemed to have notice of this ordinance upon the
making of an offer or the execution of a contract to purchase, whichever occurs
first.
D. Pre-Closing Completion; Escrow if Incomplete.
A required inspection shall be completed before closing unless, with the prior
approval of the Building Commissioner, the seller or buyer establishes a cash
compliance escrow with the closing agent in an amount of not less than two
Page 5 of 16
thousand five hundred dollars ($2,500.00), or such greater amount as the Building
Commissioner may reasonably require based upon the nature, extent, or anticipated
cost of correcting known or reasonably apparent violations of this Article. The
escrow shall secure completion of the required inspection and compliance with this
Section, but shall not constitute completion of the inspection, waive or satisfy any
requirement of this Article, or serve as an alternative compliance pathway. No
bond, letter of credit, or other form of financial security shall satisfy this
requirement.
Establishment of the cash compliance escrow shall permit the closing to proceed
without delaying the transaction and shall not relieve any responsible party of the
obligation to obtain the required inspection. Nothing in this Section shall prohibit
or invalidate a sale, conveyance, or transfer of title solely because the required
inspection has not been completed, nor shall any such transfer relieve any person
of liability for a violation of this Article.
The cash compliance escrow shall not authorize physical occupancy or use of the
premises, which remains prohibited until a Permit to Occupy is issued. Upon
closing, the buyer and seller shall remain jointly and severally responsible for
scheduling and completing the required City inspection within fourteen (14)
calendar days after title transfer. The person in possession or control of the premises
shall provide the City with reasonable access necessary to conduct the inspection.
Upon timely completion of the inspection, the closing agent shall release the
escrowed funds to the party that established the escrow. If the required inspection
is not completed within fourteen (14) calendar days after title transfer because
reasonable access to the premises was not provided, the escrow shall be forfeited
to the City. Upon written direction from the Building Commissioner, the closing
agent shall remit the escrowed funds to the City for deposit into the City treasury.
Such forfeiture shall be without prejudice to any other remedy or enforcement
action authorized by this Article or applicable law, and the City may issue
applicable municipal citations to any responsible party.
E. Occupancy Prohibited During Transaction. The transfer of ownership,
execution of a lease agreement, or establishment of an escrow agreement under
Subsection D does not alter, delay, or void the prohibition against occupancy. No
structure with outstanding property maintenance or life safety violations shall be
occupied by any party until a permanent or Conditional Permit to Occupy is issued
by the Building Commissioner.
F. Violations Run with the Land. All official Notices of Violation and Compliance
Orders issued by the Building Commissioner shall run with the land. Any
subsequent purchaser, transferee, or lessee takes title or possession subject to such
outstanding notices and shall be legally bound by them as of the exact date of
transfer without requiring secondary service of notice by the City.
Sec. 30.640. Conditional Permits and Demolition Waivers.
A. Conditional Permits to Occupy. The Building Commissioner may, at their sole
administrative discretion, issue a Conditional Permit to Occupy under
circumstances where a responsible party has executed a legal affidavit stating that
they will correct non-life-safety deficiencies within a specified timeframe not to
Page 6 of 16
exceed thirty (30) calendar days, subject to extension provisions below, provided
that:
1. Non-Life-Safety Deficiencies: All identified violations are determined by the
Building Commissioner to be non-life-safety deficiencies;
2. Execution of Affidavit: The responsible party executes an affidavit or other form
approved by the City agreeing to correct the deficiencies within a specified
period;
3. No Imminent Threat: The Building Commissioner determines that occupancy
will not create an imminent threat to public health, safety, or welfare; and
4. Automatic Revocation: Failure to correct the deficiencies within the prescribed
period shall result in the automatic revocation of the permit, requiring the
structure to be vacated immediately, and authorizing any other enforcement
action or municipal citation provided under this Code.
5. Electrical Hazard Disqualification. A Conditional Permit to Occupy shall not
be issued if a pre-occupancy occupancy inspection identifies uncorrected knoband-tube or aluminum branch-circuit wiring conditions classified as hazardous
or life-safety deficiencies under the City's adopted International Property
Maintenance Code amendments.
The Building Commissioner shall grant extensions of up to an additional sixty (60)
days upon the submission of a signed contract with a licensed contractor proving
that remediation work is actively being pursued.
B. Demolition Exemption.
1. Full Demolition Exemption: The occupancy inspection and permit
requirements of this Part do not apply to a transfer of title where the buyer or
transferee executes a written affidavit, in a form approved by the Building
Commissioner, stating that all structures on the land will be entirely and
completely demolished within ninety (90) days of the transfer, subject strictly
to the limitations set forth in paragraphs (2) and (3) of this Subsection.
2. Historical Screening and Partial Demolition Exclusions: The exemption
outlined in paragraph (1) shall be denied, and standard inspection, registration,
and permit requirements under Sec. 30.620 and Sec. 30.630 shall apply
immediately, if:
a. The structure is designated as a historic landmark, is located within a
historic district, or is otherwise subject to the jurisdiction of the Historic
Preservation Commission (HPC) as determined by the Director of
Planning and Development. Such properties must successfully complete
the standard HPC review process and pay all associated HPC fees prior
to any demolition activity.
b. The transferee intends to retain any portion of the existing structure,
including but not limited to facades, single walls, structural framing, or
foundations.
3. Extensions: The Building Commissioner may, upon written application
showing good cause, grant a single ninety-day extension of the demolition
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timeline. If the building has not been completely demolished by the expiration
of the initial ninety (90) day period or any approved extension, the exemption
is voided automatically. Upon voiding, all inspection, registration, permit, and
penalty provisions of this Part apply immediately to the property, and physical
occupancy or use remains prohibited pursuant to Sec. 30.620(A).
C. Inspection and Review Fees. Fees required for initial inspections, compliance
reviews, and subsequent re-inspections shall be assessed and collected in strict
accordance with the consolidated schedule of fees established by the City Council.
1. Standard Assessment: Fees required for initial inspections, compliance reviews,
and subsequent re-inspections under this Part shall be assessed and collected in
strict accordance with the consolidated schedule of fees established by the City
Council.
2. HPC Fees: Any fees required for Historic Preservation Commission review,
structural asset mapping, or historical certificates of appropriateness shall be
assessed independently pursuant to the City’s established HPC fee structures
and shall be borne entirely by the transferee.
PART B: RESIDENTIAL RENTAL & LANDLORD REGULATION
Sec. 30.650. Annual Rental Property Registration and Criteria.
A. Annual Requirement. Every owner, corporate officer, or designated entity holding
legal or equitable title to a residential dwelling unit that is leased, rented, or
otherwise occupied by individuals other than the record owner shall register the
unit with the City of Webster Groves annually.
B. Filing Deadline. A completed residential rental registration application upon forms
provided by the City must be executed and returned to the Building Commissioner
on or before November 1 of each calendar year.
C. Ownership Transfer. Upon the closing of an arms-length transaction, title
transfer, or any change in ownership entity of a residential rental property, the new
owner must file a registration update with the City within fifteen (15) days.
1. Verification of Ownership Following Transfer. A registration submitted
pursuant to Subsection C shall include documentation reasonably sufficient to
establish the applicant's ownership interest in the residential rental property.
Acceptable documentation may include a recorded deed, closing statement, title
insurance commitment or policy, recorded trust instrument, articles of
organization or similar organizational documents, purchase agreement, or such
other documentation as the Building Commissioner determines reasonably
demonstrates ownership or legal authority to register the property. The Building
Commissioner may rely upon such documentation pending update of the
official real property records maintained by St. Louis County.
D. Late-Year Initial Registrations. Any person or entity executing a first-time
residential rental registration or registering a new ownership transfer between
August 1 and October 31 of any calendar year shall be permitted to register for the
next succeeding annual period. As an administrative convenience, payment of the
designated annual fee for the upcoming period shall immediately validate the
registration for the remaining portion of the current calendar year. No separate or
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prorated fee shall be assessed for the remaining portion of the year in which the
property was acquired.
E. Transition to New Schedule (Implementation Year Grace Period). To facilitate
the transition from the prior registration schedule (January 1 through February 14)
to the new annual deadline established in Subsection B, currently registered entities
shall be granted a one-time administrative grace period during the initial
implementation calendar year.
1. One-Time Deadline Extension: For the first calendar year in which this
amendment takes effect, currently registered owners who would otherwise be
required to renew by November 1 shall be permitted to submit their completed
registration applications and annual fees up to, but no later than, February 14 of
the immediately following calendar year without incurring late fees, penalties,
or enforcement actions.
2. Subsequent Years: Following the expiration of this one-time grace period, the
November 1 filing deadline established in Subsection B shall be strictly
enforced for all subsequent annual registration and renewal periods.
3. Sunset Provision: This Subsection E shall automatically expire and be removed
from this Code on December 31 of the year following initial implementation,
as its administrative purpose will have been fulfilled.
F. Individual Owner Criteria. If the property is owned by an individual, the
registration application must explicitly disclose the owner's legal name, physical
business or residential address (strictly prohibiting P.O. Boxes), active contact data
(phone and email), and the owner's legal date of birth. To verify the required date
of birth and legal identity, the applicant must attach a legible copy of a valid,
government-issued photographic identification card (such as a driver's license or
passport) to the application.
G. Corporate, LLC, and Trust Criteria. If title to the residential rental property is
held by a corporation, limited liability company (LLC), partnership, or trust, the
registration application must explicitly disclose the true names, physical business
addresses (strictly prohibiting P.O. Boxes), and direct telephone numbers of all
principal officers, managing members, general partners, trustees, or any
beneficiaries holding a beneficial interest in the property. Additionally, the
application must explicitly include the legal date of birth and an attached copy of a
valid, government-issued photographic identification card for at least one natural
person who serves as a principal, officer, managing member, general partner, or
designated trustee holding operational authority over the entity.
H. Local Agent Designation. Owners of residential rental property who do not reside
within, or whose principal place of business is located outside of, the St. Louis
region shall designate a local agent authorized to accept service of notice and
process under the provisions of this Code. The designated local agent must maintain
a physical residence or operational place of business within the City of St. Louis,
St. Louis County, or any Missouri county immediately contiguous thereto
(specifically limited to the counties of St. Charles, Jefferson, and Franklin). It shall
be the owner's strict responsibility to register said agent's name, physical address,
and active contact information in writing with the Building Commissioner.
Page 9 of 16
I. Responsibilities of Local Agent. The designated property manager or local agent
shall be responsible for operating the residential rental property in compliance with
all codes and ordinances of the City, and for providing prompt physical access to
the premises for required occupancy inspections. All official notices, compliance
orders, and municipal court summonses may be lawfully served upon the
designated local agent, and any notice or summons so served shall be deemed to
have been fully and legally served upon the property owner of record.
J. Immediate Denial for Incomplete Information. Failure to disclose any required
true names, physical addresses, dates of birth, corporate officer information,
trustees, beneficiaries, or local agent designations as required by this Section, or
failure to provide the required copies of valid government-issued photographic
identification, shall result in an immediate administrative denial of the annual
registration application by the Building Commissioner.
K. Occupancy Roster. Each annual registration application shall include a current
occupancy roster identifying each residential rental unit, the full name of each adult
tenant occupying that unit, the total number of persons residing in each unit, and
the date on which the current tenancy commenced. The owner shall certify that the
information is true and correct to the best of the owner's knowledge.
Sec. 30.660. Rental Tenancy Changes and Occupied Property Rules.
A. Tenancy Changes. For any change in tenancy of a residential rental property not
involving a transfer of title, the owner is solely responsible for applying for and
completing the pre-occupancy inspection and securing a Permit to Occupy. This
obligation shall not be shifted to, assumed by, or imposed upon the tenant by lease
provision or other private agreement. No new tenant shall take occupancy, in whole
or in part, until the Permit to Occupy has been issued. No exception to the
occupancy prohibition in Sec. 30.620(A) shall apply to a change in tenancy under
this Subsection.
B. Holdover Tenants During Change of Ownership. A change of ownership of a
residential rental property remains subject to the full inspection requirement of Sec.
30.630(D) notwithstanding the continued occupancy of an existing tenant. Where
such inspection identifies deficiencies in a unit lawfully occupied by an existing
tenant:
1. Non-Life-Safety Deficiencies. The tenant shall not be required to vacate on
account of a non-life-safety deficiency. The owner shall execute an affidavit
under Sec. 30.640(A) agreeing to correct the deficiency within a period not to
exceed thirty (30) calendar days, subject to the same extension available under
Sec. 30.630(D), or shall establish an escrow or other financial assurance
acceptable to the Building Commissioner in lieu of immediate correction.
2. Life-Safety Deficiencies. A life-safety deficiency shall be corrected within a
period established by the Building Commissioner. The unit shall be vacated
under Sec. 30.690(B)(5) only if the Building Commissioner determines that
continued occupancy poses an imminent threat to public health, safety, or
welfare.
C. Scope of Inspection for Occupied Rental Units. Except as required upon a change
of tenancy under Subsection A or a change of ownership under Sec. 30.630(D), a
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residential rental unit under an existing, continuing tenancy shall not be subject to
periodic or routine inspection under this Article. Inspection of such a unit shall
occur only:
1. upon a complaint filed by a tenant, resident, or other affected party that
identifies a specific condition and a reasonable basis to believe the condition
originates from, or is common to, another unit or the structure generally; or
2. upon referral from another department or agency of the City.
Sec. 30.670. Registration Enforcement Link.
A. Registration Compliance Required. The City shall deny the scheduling of an
occupancy inspection, refuse the processing of an occupancy permit, or suspend an
active permit for any residential property found to be in violation of the Annual
Landlord Registration requirement or delinquent in any municipal fees associated
therewith.
PART C: SPECIAL PROGRAMS
Sec. 30.680. Vacant Non-Residential Structure Inspection Program.
A. Inspection Requirement. Upon identifying a vacant non-residential structure
within the City, the Building Commissioner or the Fire Code Official shall cause a
comprehensive exterior and interior occupancy inspection to be made to determine
compliance with the City's property maintenance and fire protection codes. If no
life safety, fire code, or structural deficiencies are noted, or once noted deficiencies
are abated to the satisfaction of both departments, the Building Commissioner shall
issue a Vacant Building Safety Certificate, which shall remain valid for a duration
of two (2) years from the date of issuance unless revoked for good cause or
superseded by a permanent Permit to Occupy.
B. Debt Delinquency Prohibitions. The Building Commissioner shall withhold the
processing or issuance of a Vacant Building Safety Certificate to any applicant or
property owner who is delinquent in any tax, fee, bill, debt, fine, monetary
obligation, or lien owed to the City of Webster Groves, until such outstanding debt
is paid to the satisfaction of the City.
C. Inspection Waiver Exemptions. An owner who receives a Notice of a Vacant
Non-Residential Structure determination may apply to the Building Commissioner
for a temporary inspection waiver. The written waiver request must be filed within
thirty (30) days of the city's notification and accompanied by verifiable
documentation justifying one of the following exemptions:
1. Active Marketing: The building is actively being marketed for sale or lease.
This waiver is capped at a maximum of six (6) months. The Building
Commissioner may grant up to two (2) extensions for good cause, not to
exceed three (3) months each.
2. Recent Transaction: The building is under new ownership resulting from a
recent arms-length real estate transaction. This waiver is capped at a
maximum of six (6) months. The Building Commissioner may grant up to
two (2) extensions for good cause, not to exceed three (3) months each.
Page 11 of 16
3. Pending Municipal Review: Municipal approval, including rezoning,
variances, Architectural Review Board (ARB) review, or Historic
Preservation Commission (HPC) review, is actively being pursued to allow
for the use and occupancy of the structure. This waiver remains valid while
the administrative action is pending, subject to the standard timelines
allowed by City Code.
4. Casualty Damage: The structure has suffered documented damage from fire
or extreme weather conditions within ninety (90) days prior to the waiver
request.
5. Licensed Accessory Storage: The structure is being lawfully utilized as a
permitted principal use within its zoning district for the storage or
warehousing of inventory associated with a business currently holding an
active Webster Groves business license, provided the City has been
permitted to inspect the premises for health and safety compliance within
the preceding twelve (12) months.
D. Ongoing Exterior Monitoring. The Building Commissioner retains the authority
to conduct exterior and public right-of-way inspections of any vacant nonresidential structure at any time to verify that conditions do not create public
nuisances or give the appearance of visible property distress. Documented exterior
violations must be corrected by the owner within a reasonable timeframe
established by the Building Commissioner, and no inspection fee shall be assessed
for these routine external monitoring reviews.
E. Fees. Fees required for vacant non-residential inspections, compliance reviews, and
subsequent re-inspections shall be assessed and collected in strict accordance with
the schedule of fees established by the City Council.
F. Alternative Notice and Service Pathways. If an owner is determined by the
Building Commissioner to be deceased, an absentee without a designated local
agent, or continuously unresponsive to standard certified mail for a period
exceeding thirty (30) days, official notices, compliance orders, or inspection
demands may be lawfully served via the following alternative pathways:
1. Physical Posting: Affixing a weather-proof copy of the official Notice of
Violation or Inspection Demand in a conspicuous location on the exterior of the
primary structure.
2. Public Publication: Publishing the notice once a week for four (4) consecutive
weeks in a newspaper of general circulation within St. Louis County.
3. Constructive Service: Serving the notice directly upon the St. Louis County
Public Administrator (in cases of unprobated estates) or the last known taxpayer
of record listed within the St. Louis County Assessor’s database.
G. Summary Exterior Nuisance Abatement. If a vacant structure whose owner is
unresponsive under Subsection F exhibits visible property distress, unsecured
openings (broken windows/doors), or structural code violations that pose an
immediate risk to adjacent properties, the Building Commissioner may authorize
city forces or private contractors to board, secure, or repair the exterior envelope to
eliminate the public nuisance.
Page 12 of 16
H. Establishment of Special Tax Bill and Lien. All actual administrative costs
associated with alternative notification processing, vacant building inspection fees,
and any exterior emergency stabilization repairs executed under Subsection G shall
be compiled by the Director. These costs shall be charged directly against the real
estate upon which the structure is located and shall be issued as a Special Tax Bill
by the City Clerk pursuant to RSMo Section 67.451. This bill shall constitute a
priority lien against the property, accruing interest at the maximum legal rate, and
shall be collected by the St. Louis County Collector concurrent with annual real
estate taxes. Unpaid administrative vacancy registration fees shall be subject to the
statutory collection rules and limits established under RSMo Section 67.399.
PART D: ADMINISTRATION, APPEALS & ENFORCEMENT
Sec. 30.690. Enforcement Protocols, Appeals, and Penalties.
A. Right of Entry and Inspection Protocols.
1. Authority: The Building Commissioner or the Fire Code Official are authorized
and directed to conduct inspections to determine the safety and maintenance
conditions of all residential, commercial, and industrial buildings and premises
within the City to safeguard public health, structural integrity, and life safety.
2. Pre-Occupancy Consent and Warrants: For all inspections required prior to
the issuance of a Permit to Occupy, the Building Commissioner or Fire Code
Official shall carry out such inspections during reasonable business or daylight
hours with the consent of the owner or authorized agent holding legal
possession of the property. The landlord, owner, or designated local agent shall
provide the Building Commissioner or Fire Code Official with prompt physical
access to all shared common areas and exterior grounds concurrent with the
scheduled inspection of any individual tenant space. If the owner or agent
refuses or fails to grant operational consent to enter the structure or tenant space
for a required pre-occupancy inspection, the Building Commissioner or Fire
Code Official is authorized to seek an administrative search warrant through the
Municipal Court to compel entry.
B. Administrative Appeals, Emergency Orders, and Stays.
1. Right to an Administrative Hearing: Any person aggrieved by, or affected by,
any official notice, violation order, registration denial, or permit suspension
issued in connection with the enforcement of this Article may demand and shall
be granted an administrative hearing before the Hearing Officer.
2. Filing Timeline and Fees: The petitioner must file a written request for a
hearing in the office of the Hearing Officer within ten (10) days after the date
the disputed notice or order was originally served. Exception: If the subject
property is actively under a fully executed real estate purchase contract, the
filing window shall be automatically extended to thirty (30) days from the date
of service upon written notification and submission of the contract to the
Building Commissioner. The written request must set forth a brief statement of
the grounds for the appeal and be accompanied by the designated filing fee
established within the consolidated schedule of fees.
3. Hearing Procedure and Timelines: Upon receipt of a valid petition, the
Hearing Officer shall set a time and place for the hearing, providing the
Page 13 of 16
petitioner with written notice thereof. The hearing shall commence not later
than ten (10) days after the day on which the petition was filed. The Hearing
Officer or the petitioner may invoke a one-time automatic continuance of up to
twenty (20) additional days upon written request, and the Hearing Officer may
grant reasonable continuances beyond the initial period upon a showing of good
cause by the petitioner.
4. Decisions and Final Orders: Following the conclusion of the hearing, the
Hearing Officer shall sustain, modify, or withdraw the notice or order
depending upon whether the provisions of this Article have been met. If the
Hearing Officer sustains or modifies the notice, it shall immediately be deemed
a final Administrative Order. If a written petition for a hearing is not filed in the
office of the Hearing Officer within ten (10) days of the initial service of a
notice, or within the thirty (30) day extended period provided for properties
under contract in subsection (B)(2), that notice shall automatically convert into
a final, non-appealable Administrative Order, and any associated permit or
registration suspension shall immediately become a full revocation.
5. Emergency Orders: Whenever the Hearing Officer or the Building
Commissioner finds that a physical property or life safety emergency exists
requiring immediate action to protect public health or safety, an immediate
Emergency Order may be issued requiring necessary abatement action to be
taken instantly without prior notice or hearing. Any person to whom an
Emergency Order is directed shall comply therewith immediately, but shall,
upon written request, be afforded an administrative hearing before the Hearing
Officer as soon as practically possible.
6. Record of Proceedings: The full proceedings of any hearing held pursuant to
this section, including the explicit findings of fact and final decisions of the
Hearing Officer, shall be summarized, reduced to writing, and entered as a
matter of public record in the office of the Director.
7. Judicial Appeal: Any person aggrieved by a final decision or Administrative
Order of the Hearing Officer shall have the right to appeal that decision to a
court of competent jurisdiction within St. Louis County, Missouri, pursuant to
the provisions of Chapter 536 of the Revised Statutes of Missouri (RSMo),
provided that such judicial petition is filed within thirty (30) days of the date of
the Hearing Officer's written decision.
8. Appeals Stay Enforcement; Emergency Exception: During such time as an
aggrieved party is diligently prosecuting a lawful administrative appeal before
the Hearing Officer or a timely judicial review before the Circuit Court, the
order or notice appealed from shall be stayed, and no municipal field citations
or fines shall accumulate for the specific disputed item. For properties operating
under the contract extension in subsection (B)(2), this stay of enforcement and
the tolling of daily penalties shall begin immediately upon the City’s receipt of
the written notification and real estate purchase contract. Upon the final
conclusion of the appellate or judicial procedure, if the decision is adverse to
the aggrieved party, they shall be granted a reasonable period of time
established by the Building Commissioner to bring the property into
compliance before enforcement penalties resume.
Page 14 of 16
Exception: This stay of enforcement shall be automatically voided, and shall
not apply, to any portion of an order or notice addressing an imminent lifesafety or structural emergency. If the Building Commissioner or Fire Code
Official determines that a condition poses an immediate, catastrophic threat to
public health or safety, the City retains full, unrestricted authority to execute an
immediate Emergency Order under Sec. 30.690(B)(5) to abate, secure, or
vacate the premises, notwithstanding the pendency of any active administrative
or judicial appeal.
C. Penalties and Continuous Violations.
1. Fraudulent Application: It shall be unlawful for any person, firm, or entity to
knowingly or willfully make any false statement, misrepresentation, or
concealment of material fact in an application for a Permit to Occupy or
Landlord Registration, including but not limited to the names, ages,
relationships, or total number of individuals intending to occupy the subject
premises.
2. Violations: Any person, firm, LLC, or corporation violating any provision of
this Article across any use group shall, upon conviction in the Municipal Court,
be subject to penalties, fines, or terms of probation as codified in the general
penalty provisions of the City Code.
3. Separate Offense: Each calendar day that an unregistered residential rental unit
remains occupied, or each day a tenant or business entity is permitted to occupy
a premise of any use group without a validly executed Permit to Occupy, shall
constitute a separate, distinct, and continuous offense.”
Section 2: Saving Clause. That nothing in this Ordinance shall be construed to affect any suit or
proceeding pending in any court, or any right acquired, or liability incurred, or any
cause or causes of action acquired or existing under any act or ordinance hereby
repealed, nor shall any just or legal right or remedy of any character be lost, impaired
or affected by this ordinance.
Section 3: Severability. If any part of this Ordinance is found to be unconstitutional, invalid or
unenforceable by a court of competent jurisdiction, such invalidity shall not affect the
validity or effectiveness of the remaining provisions of this Ordinance or any part
thereof and said Ordinance shall be read as if said invalid provision was struck
therefrom and the context thereof changed accordingly with the remainder of the
Ordinance to be and remain in full force and effect.
Section 4: Conflicting Ordinances Repealed. All ordinances, resolutions or orders, or parts
thereof, which conflict with the provisions of this Ordinance, are, to the extent of such
conflict, hereby repealed.
Section 5: This Ordinance shall be printed in the Code of Webster Groves.
Section 6: Effective Date and Administrative Transition. This Ordinance shall be in full force
and effect from and after its passage and approval. The City Manager, or the City
Manager's designated representative, is authorized to adopt and implement an
administrative transition policy as reasonably necessary to provide for the orderly
implementation of this Ordinance, including the processing of existing unexpired
permits, active applications, and residential rental properties transitioning from prior
inspection and registration requirements.
Page 15 of 16
PASSED AND APPROVED ON THIS _______ DAY OF ________________________, 2026.
_______________________________
Mayor
ATTEST:
_______________________________
City Clerk
Page 16 of 16
CONDITIONAL OCCUPANCY PERMIT AFFIDAVIT
CITY OF WEBSTER GROVES, MISSOURI
DEPARTMENT OF PLANNING AND DEVELOPMENT | BUILDING DIVISION
PROPERTY ADDRESS: __________________________________________________
PERMIT/CASE NUMBER: ______________________________________________
PART I: RESPONSIBLE PARTY IDENTIFICATION
I, ____________________________________, being first duly sworn upon my oath, depose and
state that I am the record [ ] Owner, [ ] Purchaser, [ ] Lessor, or [ ] Authorized Corporate Agent of
the property listed above.
Mailing Address: ________________________________________________________
Phone Number: ____________________ Email: _______________________________
If Corporate Entity (LLC/Inc/Trust), Principal Individual Name:
_______________________________________________________________________
PART II: COVENANT AND AFFIDAVIT OF REPAIR
Pursuant to Sec. 30.640(A) of the Code of Webster Groves, I hereby acknowledge that a preoccupancy inspection conducted on _________________, 20____ revealed outstanding property
maintenance violations that do not threaten life safety or physical welfare. I explicitly accept the
legal duty to correct all deficiencies listed on the attached official Notice of Violation within thirty
(30) days from the execution date of this affidavit.
□ I affirm to the best of my knowledge, the electrical system within this structure [ ] contains
knob-and-tube wiring, [ ] contains aluminum wiring, or [ ] is free of both wiring types, as
defined in Sec. 30.610. Definitions of the City of Webster Groves Code of Ordinances.
□ I affirm that any knob-and-tube wiring or aluminum branch-circuit conditions identified under
IPMC Sections 604.3.3/604.3.4 have been de-energized, abandoned in place, or corrected as
required by Section 109.4.5 of the City's adopted International Property Maintenance Code
amendments, as a precondition to execution of this affidavit.
FINAL COMPLIANCE DEADLINE: _________________, 20____
PART III: ACKNOWLEDGMENT OF VACATE REQUIREMENT
I clearly understand that if I fail to complete all required corrections and secure a final inspection
approval from the Building Commissioner on or before the Final Compliance Deadline, this
Conditional Permit is automatically revoked. I explicitly agree to cause the structure to be
vacated immediately upon expiration of the thirty (30) day timeline. I understand that allowing
continued occupancy after that date constitutes an ongoing ordinance violation subject to daily
court citations and penalties under Sec. 30.690(C).
_______________________________________
Signature of Responsible Party
_______________
Date
Subscribed and sworn to before me this _____ day of _____________, 20____.
____________________________________________ (Notary Public)
My Commission Expires: __________
90-DAY DEMOLITION EXEMPTION AFFIDAVIT
CITY OF WEBSTER GROVES, MISSOURI
DEPARTMENT OF PLANNING AND DEVELOPMENT | BUILDING DIVISION
PROPERTY ADDRESS: __________________________________________________
PARCEL ID NUMBER: __________________________________________________
PART I: TRANSFEREE IDENTIFICATION
I, __________________________________, state that I am the legal Transferee / Purchaser of the
real property referenced above, having taken title via a deed recorded on ____________, 20___.
Mailing Address: __________________________________________________
Phone Number: ____________________ Email: _______________________________
PART II: AFFIDAVIT OF DEMOLITION INTENT
Pursuant to Sec. 30.640(B) of the Code of Webster Groves, I hereby request a temporary
exemption from standard change-of-ownership inspection and occupancy permit requirements. I
solemnly swear and affirm that the structures positioned on this real property will be
completely demolished within ninety (90) days from the date of title transfer.
DEMOLITION DEADLINE (90 Days from Transfer): _________________, 20___
PART III: ADMINISTRATIVE COMPLIANCE AGREEMENT
I acknowledge and agree to the following statutory conditions:
Strict Vacancy: The structure must remain entirely vacant and secure against unauthorized
entry. No person or property may occupy or use the structure during this window.
Permit Requirement: I must apply for and secure a formal City Demolition Permit and
comply with all Chapter 20 safety rules.
Automatic Expiration: If the structure is not entirely demolished by the Demolition Deadline,
and no formal extension has been granted in writing by the Building Commissioner under Sec.
30.640(B), this exemption is voided instantly. The property will immediately become subject
to all standard inspections, landlord registrations, and retroactive daily code violation penalties.
_______________________________________
Signature of Transferee / Purchaser
_______________
Date
Subscribed and sworn to before me this _____ day of _____________, 20____.
____________________________________________ (Notary Public)
My Commission Expires: __________
BILL #9323
ORDINANCE #9323
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF
WEBSTER GROVES, MISSOURI, BY REPEALING ARTICLE V OF CHAPTER 30 IN ITS
ENTIRETY, CONCERNING DANGEROUS BUILDINGS, AND ENACTING IN LIEU
THEREOF A NEW ARTICLE V WITHIN CHAPTER 30, TITLED "DANGEROUS
BUILDINGS AND STRUCTURES CODE"
WHEREAS, the City of Webster Groves is a constitutional charter city, organized and existing
under its Home Rule Charter adopted pursuant to Article VI, Section 19(a) of the Missouri
Constitution, and possesses broad legislative, municipal, and independent police powers to enact
ordinances promoting the health, safety, peace, comfort, and general welfare of its residents; and
WHEREAS, while Sections 67.400 through 67.450 of the Revised Statutes of Missouri
(RSMo) provide a statutory framework for evaluating public nuisances, a constitutional charter city
may exercise its independent home rule authority to establish specialized local administrative
procedures, timeline benchmarks, and protective overlays that complement and exceed statutory
minimums; and
WHEREAS, the City Council finds that the traditional framing of local nuisance orders
utilizing combined or compound options (such as ordering a property to be "repaired, vacated, or
demolished" simultaneously) has historically led to administrative ambiguities, and desires to isolate
each administrative remedy into an independent, distinct track; and
WHEREAS, the prolonged suspension or abandonment of active construction work or
permitted demolition operations creates immediate, independent property safety hazards, attractive
nuisances, and neighborhood blight that the City is natively empowered to suppress under its police
powers; and
WHEREAS, the City of Webster Groves contains an irreplaceable collection of architectural
heritage, designated historic districts, and municipal landmarks which require explicit procedural
protections within the dangerous buildings enforcement pipeline to prevent automated or accidental
demolition.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WEBSTER
GROVES, MISSOURI, AS FOLLOWS:
SECTION 1. Article V of Chapter 30 of the Code of Ordinances of the City of Webster Groves,
Missouri, containing Sections 30.710 through 30.850, and any other sub-sections or
provisions regarding dangerous buildings previously enacted under said Article, are
hereby repealed in their entirety.
SECTION 2. Pursuant to the home rule authority granted by the Charter of the City of Webster Groves
and the constitutional laws of the State of Missouri, a new Article V, titled "Dangerous
Buildings and Structures Code," is hereby enacted within Chapter 30 ("Housing") of the
Code of Ordinances of the City of Webster Groves, Missouri, to be codified as Sections
30.710 through 30.820, to read as follows:
“ARTICLE V: DANGEROUS BUILDINGS AND STRUCTURES CODE
SECTION 30.710: AUTHORITY AND PURPOSE
Pursuant to the Home Rule Charter of the City of Webster Groves, and pursuant to the
authority granted under Sections 67.400 through 67.450, RSMo., the City establishes
this Article to provide a just, equitable, and predictable system for addressing structures
that threaten public health, safety, or welfare, and to establish procedures consistent
with applicable state law. This Article applies to all structures now in existence or that
may hereafter exist within the City. A determination that a structure exhibits one or
more conditions described in Section 30.730 constitutes grounds for enforcement under
this Article, but the issuance of a final Compliance Order shall require the findings and
procedures prescribed by this Article and applicable state law.
SECTION 30.720: DUTIES AND AUTHORITY
COMMISSIONER AND ENFORCEMENT OFFICERS
OF
BUILDING
To ensure administrative due process and prevent conflicts of interest, enforcement and
hearing duties are separated as follows:
A. Definitions. As used within this Article, the following terms shall have the
meanings ascribed below:
ENFORCEMENT OFFICER shall mean and include any Building Inspector,
Code Enforcement Officer, or other city official expressly designated by the
Building Commissioner to enforce the provisions of this Code.
CURTILAGE shall mean the enclosed or otherwise clearly demarcated land
immediately surrounding and associated with a structure, to which the
constitutional protections against unreasonable search and seizure extend,
including but not limited to fenced side and rear yards, enclosed porches, and
attached garages, but excluding front walkways and entryways used to access
the principal door of a structure.
PHYSICAL VALUE shall mean the current value of the structure, exclusive
of land value, as determined by (i) the most recent valuation of record with the
County Assessor, or (ii) if the property owner or Building Commissioner
disputes that valuation, a written appraisal prepared by a Missouri statelicensed or state-certified real estate appraiser, at the expense of the party
requesting the alternate valuation.
REPAIR COST shall mean the reasonable cost to restore the structure to a
safe and code-compliant condition, as certified by a licensed structural
engineer, architect, or contractor.
B. The Enforcement Officer shall:
1. Inspect any building, wall, or structure about which complaints are
filed.
2. Inspect any building, wall, or structure which the Enforcement Officer
observes from the public right-of-way, or from any other location open
to public view, that reasonably appears to manifest any of the structural
defects or hazardous conditions set forth in Section 30.730.
3. Document structural defects and issue initial Notices of Nuisance.
4. Appear and testify as a witness. The individual acting as the
investigating Enforcement Officer holds no authority to issue final
demolition or compliance orders.
C. The Building Commissioner shall:
1. Supervise the city’s inspection framework and the administration of
this Article.
2. Preside as the independent administrative hearing officer over formal
public hearings.
3. Issue final administrative determinations, Findings of Fact, and
compliance orders. The individual serving as the Building
Commissioner shall not act as the field inspector or witness for the
same property under review.
4. Conflict Exemption and Alternate Hearing Officer: In extraordinary
circumstances, or where staffing constraints or field complexities
require the Building Commissioner to actively serve as the
investigating Enforcement Officer or appear as a witness for a specific
parcel, the Building Commissioner shall be disqualified from presiding
over the public hearing for that case. In all such instances, the Director
of Planning and Development (or their express administrative
designee) shall automatically assume the duties of the independent
hearing officer, preside over the public hearing, and execute the final
Findings of Fact and Compliance.
D. Limitations on Right of Entry and Constitutional Protections. The
Enforcement Officer is authorized to enter upon properties and into structures
within the City at reasonable times to perform required inspections, subject to
the following constitutional limitations:
1. Public and Unprotected Areas: The Enforcement Officer may access
any property areas that are open to the general public, or any primary
front walkways and entryways leading directly to the principal door of
a structure for the purpose of contacting the occupant. Observations
made from these lawful vantage points, or from the public right-ofway, may be documented and relied upon as the factual basis for
inspection or enforcement action under this Article
2. Consent Requirements: Prior to entering any constitutionally
protected private curtilage (including enclosed side or rear yards) or the
interior of any secured structure, the Enforcement Officer shall present
credentials to the owner, occupant, or person in custody of the property
and request permission for entry. If consent is granted, the inspection
may proceed.
3. Administrative Search Warrants: If entry is refused, or if the
property is entirely secured and the owner or interested parties cannot
be located after due diligence, the Enforcement Officer shall not force
entry. Instead, the Enforcement Officer may seek an administrative
search warrant or other judicial authorization from a court of competent
jurisdiction. The application shall be supported by an affidavit detailing
the citizen complaints, police reports, or right-of-way plain view
observations that constitute the factual basis for the requested warrant,
consistent with the conditions described in Section 30.730.
4. Emergency Collapse Exception: The mandate to secure consent or an
administrative search warrant prior to accessing private curtilage or
structural interiors may be bypassed only upon a Joint Emergency
Certification issued under Section 30.720(E).
E. Joint Emergency Certification. Wherever this Article authorizes an exception
to standard procedural requirements upon a 'Joint Emergency Certification,'
such certification shall consist of a written determination, jointly executed by
the Enforcement Officer and the Fire Chief (or their respective designees),
finding that a structure reasonably appears to present an immediate danger to
the health, safety, or welfare of any person, consistent with Section 67.440,
RSMo. Any action taken pursuant to a Joint Emergency Certification shall be
strictly limited to the minimum extent necessary to abate the immediate danger,
and the certification, along with a written record of the factual basis therefor,
shall be filed with the Building Commissioner within seventy-two (72) hours
of execution.
SECTION 30.730: DANGEROUS BUILDINGS AND STRUCTURES DEFINED
Any building, shed, fence, or other man-made structure that exhibits any of the
following characteristics shall be deemed a "Dangerous Structure" and a public
nuisance:
A. Structural Lean: Interior walls or vertical structural members that list, lean,
or buckle to such an extent that a plumb line passing through the center of
gravity falls outside the middle third of its base.
B. Physical Damage: Structures that, exclusive of the foundation, show damage
or deterioration, as reasonably determined by visual inspection or an accepted
structural assessment methodology, affecting fifty percent (50%) or more of
the structural members, or over fifty percent (50%) deterioration of nonsupporting enclosing or outside walls.
C. Overloading: Structural elements that contain improperly distributed loads
upon floors or roofs, or that possess insufficient strength to be reasonably safe
for the intended use.
D. Casualty Detriment: Structures damaged by fire, wind, flood, or other causes
so as to become dangerous to life, safety, or general welfare.
E. Blight and Exposure: Uninhabited structures left persistently open at any
door, window, wall, or roof, or those containing accumulations of trash,
garbage, or materials providing a harboring place for vermin.
F. Attractive Nuisances: Properties containing open or un-fenced cisterns, wells,
shafts, basements, or deep excavations.
G. Abandoned Operations:
1. Construction Stall: Structures under active construction upon which
operations have been suspended or abandoned for a period of ninety
(90) consecutive days.
2. Demolition Stall: Structures in the process of demolition upon which
operations have been suspended or abandoned for a period of fourteen
(14) consecutive days.
H. Habitability Failure: Those structures that are so dilapidated, decayed,
unsafe, or unsanitary, or that so utterly fail to provide the facilities, utilities,
and space configurations essential to secure safety and decent living as defined
by the currently adopted International Property Maintenance Code of the City,
that they are rendered unfit for human habitation, or are reasonably likely to
cause or aid in the spread of sickness or disease, so as to work injury to the
health, safety, or welfare of those occupying or neighboring such buildings.
SECTION 30.740: STANDARDS TO DETERMINE ORDER FOR REPAIR,
VACATION, OR DEMOLITION
The Building Commissioner shall follow the substance of these distinct standards when
issuing a compliance order under Section 30.760. The remedies below are independent
administrative actions and shall not be combined into a single compound mandate. An
Order to Vacate is an interim or accompanying safety measure and does not, by itself,
constitute the final disposition of a proceeding under this Article; the final disposition
of a proceeding shall be an Order to Repair or an Order to Demolish, consistent with
Section 67.410, RSMo. The Building Commissioner may issue these orders
concurrently, sequentially, or conditionally as the specific safety hazards of the
property dictate, provided that each remedy is clearly and independently articulated
within the final compliance order:
A. Order to Repair: If a dangerous structure can reasonably be repaired or
maintained so that it will no longer exist in violation of this Article, the
Building Commissioner shall issue an Order to Repair.
B. Order to Vacate: If a dangerous structure is in such condition as to pose a
substantial threat to the health, safety, or welfare of its occupants, the Building
Commissioner shall issue an Order to Vacate pending the complete abatement
of the nuisance. An Order to Vacate under this Subsection shall be issued as
part of a Compliance Order under Section 30.760. Where the danger is such
that occupancy must cease before a public hearing can be held, vacation shall
be accomplished solely through a Joint Emergency Certification under Section
30.720(E).
C. Order to Demolish: If a dangerous structure cannot reasonably be repaired,
the Building Commissioner may issue an Order to Demolish, subject to the
historic protections set forth in Section 220.610. If the Repair Cost exceeds
fifty percent (50%) of the Physical Value of the structure (exclusive of land
value), the Building Commissioner may presume that demolition is warranted,
subject to the evidence presented at the hearing and the historic protections set
forth in Section 220.610. For purposes of this Subsection, the Building
Commissioner may make an initial administrative determination of Repair Cost
using a recognized cost-estimating methodology (such as a standard
construction cost-estimating manual or the City's adopted building valuation
data), which determination shall be a rebuttable presumption subject to
Subsection D below.
D. Repair Cost Determination; Right to Contest.
1. Initial Determination: The Building Commissioner's initial
administrative Repair Cost determination under Subsection C shall be
provided to the property owner in writing, along with the methodology
and itemized basis for the estimate, and shall be served concurrently
with the notice required under Section 30.750. The fifteen (15) day
period to contest the determination under Subsection 2 below shall run
concurrently with, and not in addition to, the thirty (30) day compliance
window established in Section 30.750.C.
2. Owner's Right to Contest: Within fifteen (15) days of receiving the
initial determination, the property owner may submit a certified written
estimate prepared by a licensed structural engineer, architect, or
contractor. A timely, adequately supported certified estimate shall
supersede the Building Commissioner's initial determination for
purposes of the fifty percent (50%) calculation under Subsection C.
3. City Verification: If the Building Commissioner disputes the owner's
certified estimate as unsupported or unreasonable, the Building
Commissioner may order a further structural engineering evaluation
under the procedure set forth in Subsection E below.
4. No Estimate Submitted: If the owner does not submit a certified
estimate within the fifteen (15) day window, the Building
Commissioner's initial determination shall stand as the operative
Repair Cost.
E. Authority to Mandate Engineering Evaluation: Prior to issuing a final
determination or order for demolition under this Section, the Building
Commissioner may require a comprehensive structural engineering evaluation
of the property when reasonably necessary to determine whether the structure
can safely be repaired or whether demolition is warranted.
1. Owner Responsibility: Upon written directive from the Building
Commissioner, the property owner shall, at their sole expense, retain a
professional structural engineer licensed in the State of Missouri to
evaluate the structure and submit a certified structural report to the City
within a timeframe specified by the Commissioner, not to exceed thirty
(30) days.
2. City Execution and Fee Recovery: Should the property owner fail,
neglect, or refuse to provide said certified engineering report within the
allotted timeframe, the Building Commissioner is authorized to engage
the services of an independent licensed structural engineer to perform
the evaluation on behalf of the City. All costs, fees, and administrative
expenses incurred by the City for such engineering services shall be the
responsibility of the property owner.
3. Tax Bill Assessment: If unpaid by the owner, such engineering fees
shall be certified to the City Clerk and added to, and collected via, the
special tax bill and personal debt recovery processes established in
Section 30.790 of this Code.
SECTION 30.750: NOTICE OF NUISANCE AND REQUIRED CORRECTIVE
ACTION
A. Upon a finding of a nuisance by the Enforcement Officer, written notice shall
be served to the owner, occupant, lessee, mortgagee, agent, and all other
persons holding an interest in the structure as shown by the land records of the
County Recorder of Deeds.
B. Service shall be executed via personal delivery or certified mail. If service
cannot be completed after due diligence verified by affidavit, notice may be
served by publishing the text in a qualified newspaper once a week for two
consecutive weeks.
C. The notice shall (1) identify the structure and its location; (2) describe the
factual conditions supporting the Enforcement Officer's determination; (3)
state that the structure has been determined to constitute a nuisance or
dangerous structure under this Article, subject to final adjudication by the
Building Commissioner; (4) identify the Enforcement Officer's proposed
remedy (which may include repair, vacation, or demolition) pending final
determination; (5) state that this notice does not itself prohibit occupancy, and
that occupancy may be prohibited only by a Joint Emergency Certification
under Section 30.720(E) or by a Compliance Order under Section 30.760; (6)
establish a firm deadline not to exceed thirty (30) days for the owner to
commence corrective work; and (7) explain that failure to commence or
diligently proceed with the required work may result in a public hearing and
final Compliance Order under Section 30.760, and that, following the hearing,
the Building Commissioner will determine whether the structure directly
endangers the health, safety, or welfare of others, which determination may
subject the owner to enhanced penalties under Section 1.060 of this Code.
D. Notice-Stage Placard. Concurrent with service of the notice required under
this Section, the Enforcement Officer shall affix a placard to the structure in a
conspicuous place at or near an entrance, stating substantially:
“NOTICE OF CODE ENFORCEMENT PROCEEDING
This property is the subject of a City code enforcement proceeding under
Article V of Chapter 220 of the City Code.
City of Webster Groves
Property Address: ______________________________________
Case No.: __________________
Date Posted: __________________
For information, contact: ____________________________________”
This placard shall serve solely to provide public notice of the pending
proceeding and shall not, by itself, restrict occupancy or use of the structure.
1. Prohibition on Removal: It shall be unlawful for any person other than
the Enforcement Officer or Building Commissioner to remove, deface,
or alter a placard posted under this Subsection prior to final resolution
of the proceeding.
2. Automatic Update or Removal: The notice-stage placard shall be
superseded by a Compliance-Order Placard under Section 30.760.F
upon issuance of a final Compliance Order, or removed by the
Enforcement Officer if the matter is resolved or the pre-scheduled
hearing is vacated under Section 30.760.D.
SECTION 30.760: PUBLIC HEARINGS AND COMPLIANCE ORDERS
A. If the property owner fails to commence work within the specified timeline, or
fails to proceed continuously without unnecessary delay, the Building
Commissioner shall call a public hearing, providing affected parties with at
least fifteen (15) days' written notice. The notice shall state that, following the
hearing, the Building Commissioner will determine whether the structure
directly endangers the health, safety, or welfare of others, which determination
may subject the owner to enhanced penalties under Section 1.060 of this Code.
B. All parties hold the right to be represented by counsel, present evidence, and
cross-examine witnesses.
C. Following the hearing, if the evidence supports a finding that the structure is a
public nuisance, the Building Commissioner shall issue formal written
Findings of Fact, based upon competent and substantial evidence in the record,
and a definitive Compliance Order to repair or demolish the structure,
consistent with Section 67.410(4), RSMo. The Findings of Fact shall (1)
identify each condition described in Section 30.730 that the evidence
establishes, and (2) state whether the structure directly endangers the health,
safety, or welfare of others for purposes of Section 1.060(C)(3)(b).
D. Combined Notice Authorized. To expedite enforcement and prevent
administrative delays, the City is authorized to combine the initial thirty (30)
day Notice of Nuisance described in Section 30.750 and the fifteen (15) day
Notice of Public Hearing described in this Section into a single, combined
components document. Such combined notice shall explicitly state that a public
hearing is pre-scheduled to take place on a date certain, which date must be no
less than thirty-five (35) days following the initial service of the notice. If the
owner or interested parties commence the required work within the initial thirty
(30) day compliance window and proceed without unnecessary delay, the prescheduled public hearing shall be automatically vacated.
E. Limited Administrative Extensions for Extenuating Circumstances and
Good Faith.
Notwithstanding the mandatory timelines set forth in this Article, the Building
Commissioner may grant a limited, written extension of a compliance deadline
or a continuance of a pre-scheduled public hearing, subject to the following
provisions:
1. Application Requirements: The property owner or interested party
must submit a written application for an extension to the Building
Commissioner prior to the expiration of the active compliance window.
The application must identify the specific, documentable extenuating
circumstances causing the delay.
2. Criteria for Approval: The Building Commissioner may grant an
extension only upon finding that the applicant has demonstrated
continuous, verifiable progress and good faith efforts to achieve
compliance. Verifiable actions shall include, but are not limited to the
submittal of complete building or historic preservation permit
applications, the execution of binding contractor agreements, the
procurement of required historically accurate structural materials, or
the completion of engineered site stabilization.
3. Exclusions: An extension shall not be granted for self-created delays,
general or unspecified financial hardships, or actions that appear
intended solely to delay administrative enforcement.
4. Interim Safety Mandate: As a mandatory condition for the issuance
of any extension, the property shall be secured and any immediate
hazards shall be stabilized, barricaded, fenced, or otherwise controlled
as directed by the Enforcement Officer, at the owner's sole expense.
5. Duration and Maximum Cap: No single administrative extension
shall exceed sixty (60) days in duration. The Building Commissioner
shall not grant more than two (2) consecutive extensions for any single
enforcement proceeding without express authorization by the City
Council via resolution.
F. Compliance-Order Placard. Upon issuance of a final Compliance Order
under this Section, the Enforcement Officer shall affix a single placard
reflecting all remedies currently in effect, in substantially the following form:
"DANGEROUS STRUCTURE - FINAL COMPLIANCE ORDER
City of Webster Groves. Case No.: ______. Order Date: ______.
☐ REPAIR ORDERED - Complete by ______
☐ VACATE ORDERED - Occupancy prohibited
☐ DEMOLITION ORDERED - Complete by ______
See the City's Compliance Order for the specific requirements
applicable to this property."
The Enforcement Officer shall mark all boxes corresponding to remedies
currently in effect and update the placard promptly if the Building
Commissioner modifies the Compliance Order. This placard supersedes the
Notice-Stage Placard under Section 30.750.D.
1. Prohibition on Removal: It shall be unlawful for any person other than the
Enforcement Officer or Building Commissioner to remove, deface, alter,
or cover a placard posted under this Subsection, except as necessary to
complete authorized repair or demolition work.
G. Emergency Placarding. Where action is taken under a Joint Emergency
Certification issued pursuant to Section 30.720(E), the Enforcement Officer
shall immediately post a placard in substantially the following form:
“DANGEROUS STRUCTURE - EMERGENCY ACTION
City of Webster Groves
Date of Emergency Action: __________________
Legal Basis: Section 30.720(E) and Section 67.440, RSMo
Nature of Restriction: [ ] Emergency Vacate [ ] Emergency Securing [ ]
Emergency Repair [ ] Emergency Demolition
Occupancy: [ ] Prohibited [ ] Not Prohibited”
This placard shall remain posted until superseded by a Notice-Stage or
Compliance-Order Placard, or until the emergency condition is resolved.
SECTION 30.770: JUDICIAL REVIEW
Any owner, occupant, lessee, mortgagee, agent, or other person having an interest in
the building or structure who is aggrieved by a final determination of the Building
Commissioner under this Article shall have the right to judicial review as provided by
Section 67.430, RSMo., and Chapter 536, RSMo. The City shall maintain the
administrative record required for such review.
SECTION 30.780: MINIMUM STANDARDS FOR SITE RESTORATION
Once a demolition is executed, all structural debris and demolished improvements
required to be removed by the approved demolition permit shall be removed from the
property. The owner must cause the land to be graded to promote proper stormwater
drainage and revegetated to prevent soil erosion, in compliance with the city's erosion
control regulations. Sound foundations may be temporarily exempted from immediate
demolition for up to six (6) months only if securely fenced against public access and
tied to an active, approved building permit for a replacement structure.
SECTION 30.790: COLLECTION OF REMEDIATION COSTS
If an owner fails to comply with a final order, the City may cause the repair,
stabilization, or demolition to be performed by city contractors. The total cost of the
work shall be certified to the City Clerk, who shall cause a special tax bill against the
real property to be prepared. This tax bill shall constitute a lien on the property from
the date of issuance and a personal debt of the property owner, consistent with Section
67.410(5), RSMo., and may be collected via civil action in a court of competent
jurisdiction. Recoverable costs under this Section shall include, without limitation,
demolition or repair costs, inspection costs, engineering evaluation costs incurred
under Section 30.740.E, and reasonable administrative expenses directly attributable
to abatement of the structure.
SECTION 30.800: INSURANCE PROCEEDS AND ESCROW
For casualty insurance claims where the covered claim payment is in excess of fifty
percent (50%) of the face value of the policy, the insurer shall withhold up to twentyfive percent (25%) of the covered claim payment and deposit it into an interest-bearing
escrow account managed by the City. The City shall release the proceeds and any
accrued interest to the insured, or as the terms of the policy provide, within thirty (30)
days of receipt, unless the City has instituted cost-recovery proceedings under Section
30.790, in which case only the amount necessary to complete removal, securing, repair,
and cleanup, less salvage value, shall be retained, and the remainder shall be paid to
the insured. Named mortgagees shall maintain statutory priority over insurance
proceeds ahead of municipal claims.
SECTION 30.810:
STRUCTURES
HISTORICALLY
PROTECTED
BUILDINGS
AND
To protect the historic character of the community, the standard valuation and
demolition rules established in Section 30.740 are modified as follows:
A. Mandatory HPC Review: No structure designated as a local historic
landmark, located within a designated local historic district, or listed on the
National Register of Historic Places may be issued a demolition order by the
Building Commissioner without first obtaining a Certificate of
Appropriateness (COA) from the Historic Preservation Commission (HPC) as
required under Chapter 52 of the Webster Groves Municipal Code.
B. Economic Threshold Exemption: For designated historic structures, crossing
the fifty percent (50%) repair-cost-to-value threshold set forth in Section
30.740 shall not trigger an automatic or mandatory demolition order.
Furthermore, the Building Commissioner’s structural valuation findings shall
not be construed as an automatic or definitive finding of Economic Hardship
under Chapter 52; the property owner maintains the independent burden of
proof to establish such hardship before the HPC.
C. Preservation Delay Integration: Where the Historic Preservation
Commission invokes its authority under Chapter 52 to delay or postpone a
demolition for a period of up to one hundred eighty (180) days to explore
preservation alternatives or secure a conservation-minded buyer, such delay
shall automatically suspend any active demolition tracks under this Article.
During the pendency of any such preservation delay, the property owner shall
remain strictly liable for the safety of the structure and must execute an interim
Property Stabilization Order as set forth in Subsection D of this Section.
D. Property Stabilization Orders: If the Building Commissioner finds that an
endangered historic structure requires structural intervention, but a COA for
demolition is denied or actively delayed by the HPC under Chapter 52, the
Building Commissioner shall issue a formal Property Stabilization Order. The
owner shall be legally required to structurally stabilize the framing, weatherproof the envelope, and secure all doors, windows, and open excavations
against public access or structural collapse.
E. Preservation Variances: Where strict compliance with the City's adopted
building codes would prevent the safe rehabilitation of a historic structure
without compromising its historic designation, the Building Commissioner
may authorize or recommend such modifications or alternative compliance
methods as are permitted under the City's adopted building codes and
applicable law. Where the underlying building code reserves variance authority
to a separate board or official, the Building Commissioner shall refer the
request to that body rather than act independently.
F. Emergency Exception: The mandatory HPC review process may be bypassed
only upon a Joint Emergency Certification issued under Section 30.720(E), and
strictly in accordance with the Public Safety Exclusion established in Section
52.320 of the Webster Groves Municipal Code. Any emergency administrative
action or demolition executed under this Subsection shall be strictly limited to
the minimum extent necessary to abate the immediate public safety hazard.
SECTION 30.820: PENALTIES
A. Offense. Any person who maintains, occupies, or permits a structure declared
dangerous to remain in a hazardous condition after being served with a
compliance order under this Article commits a violation of this Article.
B. Penalty. Violations of this Article are subject to the penalties provided in
Section 1.060 of this Code.
C. Continuing Violations. Each day a person knowingly permits a violation of a
compliance order or occupancy prohibition to continue constitutes a separate
violation.
D. Non-Resident Owners. An owner who does not reside, and does not maintain
a registered office or place of business, in St. Louis County shall designate a
local property manager or registered agent to receive notices, orders, and
summonses issued under this Article. Failure to designate an agent within thirty
(30) days after the date the City mails a registration notice is a violation of this
Article. Notice and service are governed by the notice provisions of this Article
and § 67.410, RSMo.
E. Placards. No person shall remove, deface, alter, or cover a placard posted
under Section 30.750(D) or 30.760(F), except as authorized to complete repair
or demolition work. A violation of this subsection is subject to the penalties
provided in Section 1.060. Occupancy in violation of a placard prohibition is
BILL #9324
ORDINANCE #9324
AN ORDINANCE AMENDING CHAPTER 31, ARTICLE II, OF THE CODE OF
ORDINANCES OF THE CITY OF WEBSTER GROVES REGARDING THE
ABATEMENT OF WEEDS, VEGETATION, BRUSH, DEBRIS, RUBBISH, AND TRASH
WHEREAS, the City of Webster Groves is a constitutional charter city and, pursuant to
Article VI, Section 19(a) of the Missouri Constitution, possesses all powers that the General
Assembly has authority to confer upon any city, subject to the Constitution, applicable state law,
and the Charter of the City of Webster Groves; and
WHEREAS, Section 67.398, RSMo, expressly authorizes cities to enact ordinances
providing for the abatement of conditions including overgrown vegetation, Noxious Weeds, Brush,
debris, rubbish, trash, and other conditions constituting a public nuisance; and Section 71.780,
RSMo, recognizes the authority of cities organized under general statutes or special charters to
suppress nuisances injurious to the health and welfare of their inhabitants; and
WHEREAS, Missouri courts have recognized that a constitutional charter city may
establish its own procedures for the abatement of Weeds and trash and may exercise the authority
conferred by Section 67.398, RSMo. See City of Jefferson v. Buescher, 524 S.W.3d 132 (Mo. App.
W.D. 2017); and
WHEREAS, the City Council finds that recurring overgrown vegetation, Weeds, Brush,
debris, rubbish, trash, and similar conditions may adversely affect public health, safety, welfare,
property values, neighborhood appearance, and the proper maintenance of private property; and
WHEREAS, the City Council further finds that a clear abatement procedure should
provide property owners and occupants with notice and an opportunity to correct violations while
allowing the City to address documented recurring violations during the same Growing Season
without unnecessary duplication of notice;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WEBSTER GROVES, MISSOURI, AS FOLLOWS:
SECTION 1. Section 31.110 of the Code of Ordinances of the City of Webster Groves, Missouri,
is amended by its deletion and replacement as follows:
“Sec. 31.110. Definitions.
For the purpose of this chapter, the following terms, phrases, words, and their derivations
shall have the meanings given herein. Where terms are not defined by this section, such
terms shall have ordinarily accepted meanings such as the context implies. The definitions
follow in alphabetical order:
Brush shall mean woody shrubs, saplings, vines, thickets, or similar woody growth that is
unmanaged, overgrown, dead, fallen, or otherwise constitutes a public nuisance under this
chapter.
Growing Season shall mean the period beginning April 1 and ending November 30 of each
calendar year.
Invasive Plant shall mean any plant species included on the Missouri Invasive Plant
Council's Missouri Invasive Plant Assessment, as adopted by the Missouri Department of
Conservation as the Missouri Invasive Plant list, as that assessment or list may be amended
or updated from time to time.
Lot as used in this chapter shall include any lot or parcel of land within the city limits of
Webster Groves.
Native Plant shall mean any plant species identified as native to Missouri by the Missouri
Department of Conservation or through its Grow Native program, as such identification or
list may be amended or updated from time to time.
Noxious Weed shall mean species designated as a Noxious Weed by the Missouri
Department of Agriculture pursuant to applicable state law, as such designation or list may
be amended or updated from time to time.
Nuisance Plant shall mean a toxic species known to cause death or severe allergic reactions
among a segment of the human population such as Poison Hemlock, Poison Ivy, and
Ragweed.
Stormwater shall mean rainfall runoff, snow melt runoff and surface runoff and drainage.
Stormwater Management Facility shall mean a structure and constructed feature designed
for the collection, conveyance, storage, treatment and disposal of Stormwater runoff into
and through the Stormwater system. Stormwater management facilities include vegetative
or structural measures, or both, to control the increased volume, rate, and quality of
Stormwater runoff caused by manmade changes to land.
Turf Grass shall mean a type of vegetation ground cover, managed by Weed removal and
mowing to maintain a uniform height.
Turf Weed shall mean broadleaf Weeds, annual and perennial grasses that invade or disrupt
the uniformity of Turf Grass lawns.
Weeds shall mean all grasses, annual plants and vegetation other than trees or shrubs;
provided, however, this term shall not include cultivated flowers and gardens.”
SECTION 2. Section 31.120 of the Code of Ordinances of the City of Webster Groves, Missouri,
is amended by its deletion and replacement as follows:
“Sec. 31.120. Weeds; Cutting and Removal; Height.
A. The owner, lessee, occupant, and any other person exercising authority or control over
a Lot shall be jointly and severally responsible for compliance with this Article. Each
such person shall maintain the Lot in accordance with the requirements of this Article
and shall cut, control, remove, or otherwise abate Weeds, rank growth, overgrown
vegetation, Brush, debris, rubbish, trash, and other conditions constituting a public
nuisance under this Article.
B. Weeds and other rank growth shall be cut to the side and rear Lot lines and to the curb
or pavement line of the immediately adjacent road or roads, and cut vegetation and
other material shall be removed from the Lot or otherwise managed in a lawful manner
that does not create or contribute to a public nuisance.
C. Failure to mow or cut Turf Grass or Turf Weeds to maintain a maximum height of not
more than ten inches, or failure to control or remove listed Nuisance Plants, Invasive
Plants, and Noxious Weeds in such a manner that constitutes a hurt, injury,
inconvenience, or danger to the health, safety, or welfare of the public or residents and
occupants of the immediate vicinity, shall constitute a violation of this Article.
D. Managed stands of native plants, ornamental grasses, or shrubs, and cultivated
agricultural crops, vegetable gardens, or flower gardens exceeding ten inches in height
are permitted, provided they are maintained free of Turf Weeds and grasses, Nuisance
Plants, Invasive Plants, and Noxious Weeds, are kept at least four feet from a property
line, do not impair sight distance, and do not constitute a hurt, injury, inconvenience,
or danger to the health, safety, or welfare of the public or residents and occupants of
the immediate vicinity.
E. Vegetation, Brush, or other plant material that obstructs or materially interferes with
the safe use of a sidewalk, street, alley, intersection, sight distance, or other public way
shall be promptly trimmed, cut, or removed to eliminate the obstruction or hazard.
F. Any Stormwater management facility located on any Lot or land shall be declared a
public nuisance for failure to maintain the private Stormwater management facility if
it has conditions impairing its proper operation, including, but not limited to, excessive
sediment, extensive ponding of water, rubbish and trash, Noxious Weeds or Invasive
Plants or Nuisance Plants exceeding ten inches in height, or any material which is
unhealthy or impacts the proper operation of the private Stormwater management
facility.
G. Native plants, Turf Grass, ornamental grasses, or shrubs, including plants that are part
of an approved, designed private Stormwater facility or MSD-approved guidance
document, do not constitute a public nuisance solely by reason of their presence or
height.
H. Nothing in this Article shall limit the City's authority under Article I of this Chapter or
any other provision of the Code to declare or abate a public nuisance.
SECTION 3. Section 31.130 of the Code of Ordinances of the City of Webster Groves, Missouri,
is amended by its deletion and replacement as follows:
“Sec. 31.130. Notice of Violation.
A. The Building Commissioner or his or her duly authorized representative shall inspect
all Lots as often as necessary to ensure proper observance of this chapter.
B. Upon finding that any Lot has upon it any Weeds, other rank growth, Brush, debris,
rubbish, trash, or other condition constituting a violation or public nuisance under this
Article, the city manager or his or her duly authorized representative shall give the
owner, lessee, occupant, or other person having control or exercising authority over the
Lot a notice in writing to correct the identified condition.
C. The notice shall:
1. Specifically describe each condition constituting the violation or public
nuisance;
2. State the action necessary to correct or abate each identified condition;
3. Provide a reasonable period of not less than ten days from the date of notice
within which the condition must be corrected or abatement commenced and
thereafter pursued without unnecessary delay, unless the condition presents an
immediate risk to the public health or safety;
4. State that if the City undertakes abatement, the costs of abatement may be
assessed against the property and recovered as provided by law and this Code;
and
5. If the condition is of a type that may reasonably recur during the same Growing
Season, expressly state that the notice constitutes the City's notice for the
Growing Season and that a subsequent violation or recurrence of the same or
substantially similar condition on the same Lot during the same Growing
Season may be abated by the City without additional notice, subject to Section
31.140.
D. The notice shall be deposited in the United States Mail directed to the last known
address of the addressee by first-class mail. The City may also post a placard upon the
Lot containing, in appropriate language, a notice to correct or abate the identified
condition. The City may use personal service or any other method of service authorized
by law.
E. The City may provide additional notice when the city manager or his or her duly
authorized representative determines that additional notice is appropriate.”
SECTION 4. Section 31.140 of the Code of Ordinances of the City of Webster Groves, Missouri,
is amended by its deletion and replacement as follows:
“Sec. 31.140. Violation Not Corrected; Removal by City; Recurring Violations; Special
Tax Bill.
Sec. 31.140. Violation not corrected; removal by city; special tax bill.
A. After the expiration of ten days after date of the notice of violation, if the violation is not
corrected, or abatement has not been commenced and thereafter pursued without
unnecessary delay, a code enforcement officer shall have the violation removed or abated
therefrom, keeping an accurate record of the expense of all labor and material used in such
removal or abatement as to each lot.
B. The abatement may include:
1. Weeds, turf weeds, rank growth, and overgrown vegetation;
2. Brush and woody growth;
3. Vegetative debris;
4. Rubbish, trash, litter, junk, and discarded materials;
5. Fallen or hazardous trees, limbs, shrubs, or other vegetation; and
6. Any other condition specifically identified in the notice of violation.
C. A subsequent violation occurring on the same lot during the same growing season may be
corrected or abated without additional notice if:
1. The original notice expressly advised that a subsequent violation of the same or
substantially similar type during the same growing season may be corrected or
abated without additional notice;
2. The subsequent violation is documented, including the address or other identifying
information for the property, the date of the inspection, the code enforcement
officer or authorized representative making the inspection, the condition observed,
and the basis for determining that the condition is subject to correction or abatement
without additional notice; and
3. Photographs or other appropriate evidence are maintained when reasonably
available to document the subsequent violation.
The authority to correct or abate a subsequent violation without additional notice may be
exercised for each subsequent violation occurring on the same lot during the same growing
season, provided the requirements of this subsection are satisfied. The City may, in its
discretion, provide additional notice before undertaking correction or abatement.
D. The code official shall issue a bill to the property owner or owners for the expense of the
correction or abatement, plus the applicable administrative fee established by the City's
adopted fee schedule.
E. If such bill remains unpaid for thirty (30) days, the code official shall report such expense
to the City Council, certifying to the correctness thereof, showing the lot by lot and block
numbers or other legal description, and the date or dates on which the violation was
corrected or abated, and the name and address of the owner, lessee, occupant or other
person exercising control of the lot.
F. Upon receipt by the City Council of that report, the City Council shall assess against each
lot concerned a special assessment or tax equivalent to the expense incurred in correcting
or abating the violation thereon, including administrative costs, and shall direct the City
Clerk to issue a special tax bill therefor against the property.
G. Such special tax bill shall be due and payable thirty (30) days after its date, shall bear
interest at the rate of eight percent (8%) per annum from and after thirty (30) days after its
date, and shall be a lien against the lot against which it is issued until paid.
H. The City's abatement of a violation or public nuisance shall not, by itself, relieve any person
responsible for the property from responsibility for the violation or prevent the City from
pursuing any other remedy authorized by this Code or applicable law.
I. Nothing in this Section shall limit the City's authority under Article I of this Chapter or any
other provision of the Code to abate a nuisance when immediate action is necessary to
protect the public health, safety, or welfare.”
SECTION 5. Exhibit A to Chapter 31, Article II, of the Code of Ordinances of the City of Webster
Groves, Missouri, entitled “Noxious Weeds, Invasive Plants, and Native Plants,” is hereby deleted
in its entirety.
SECTION 6. Section 31.150, “Penalty for violation,” of the Code of Ordinances of the City of
Webster Groves, Missouri, is hereby deleted in its entirety.
SECTION 7. Article I of Chapter 31 remains in full force and effect. The provisions of this
Ordinance supplement, and do not limit, the City's general authority to declare and abate public
nuisances under Article I of Chapter 31 or any other applicable provision of the Code.
SECTION 8. This Ordinance shall be construed consistently with Article VI, Section 19(a) of the
Missouri Constitution and Sections 67.398 and 71.780, RSMo, and shall be interpreted to provide
the City with the full measure of nuisance-abatement authority available under the Constitution,
applicable state law, and the Charter of the City of Webster Groves.
SECTION 9. Saving Clause. That nothing in this Ordinance shall be construed to affect any suit
or proceeding pending in any court, or any right acquired, or liability incurred, or any cause or
causes of action acquired or existing under any act or ordinance hereby repealed, nor shall any just
or legal right or remedy of any character be lost, impaired or affected by this ordinance.
SECTION 10. Severability. If any part of this Ordinance is found to be unconstitutional, invalid
or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity
or effectiveness of the remaining provisions of this Ordinance or any part thereof and said
Ordinance shall be read as if said invalid provision was struck therefrom and the context thereof
changed accordingly with the remainder of the Ordinance to be and remain in full force and effect.
SECTION 11. Conflicting Ordinances Repealed. All ordinances, resolutions or orders, or parts
thereof, which conflict with the provisions of this Ordinance, are, to the extent of such conflict,
hereby repealed.
SECTION 12. This Ordinance shall be printed in the Code of Webster Groves.
SECTION 13. Effective Date. This Ordinance shall be in full force and effect from and after its
passage and approval.
PASSED AND APPROVED ON THIS _______ DAY OF ________________________, 2026.
ATTEST:
_______________________________
City Clerk
_______________________________
Mayor
charged under subsection A and shall not also be charged under this
subsection.”
SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a court of
competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance.
SECTION 4. This Ordinance shall be printed in the Code of Webster Groves.
SECTION 5. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its
passage and approval by the City Council as provided by the City Charter.
PASSED AND APPROVED ON THIS _______ DAY OF ________________________, 2026.
ATTEST:
_______________________________
City Clerk
_______________________________
Mayor
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