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SECOND REGULAR SESSION
HOUSE BILL NO. 1796
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE MURPHY .
5300H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 67.280, 436.345, 442.404, 534.602, 534.604, and 569.200, RSMo, and to
enact in lieu thereof seven new sections relating to property rights, with penalty
provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 67.280, 436.345, 442.404, 534.602, 534.604, and 569.200,
2 RSMo, are repealed and seven new sections enacted in lieu thereof, to be known as sections
3 67.280, 67.488, 436.345, 442.404, 534.602, 534.604, and 569.200, to read as follows:
67.280. 1. As used in this section, the following terms mean:
2 (1) "Code", any published compilation of rules prepared by various technical trade
3 associations, federal agencies, this state or any agency thereof, but shall be limited to:
4 regulations concerning the construction of buildings and continued occupancy thereof;
5 mechanical, plumbing, and electrical construction; and fire prevention;
6 (2) "Community", any county , fire protection district or municipality;
7 (3) "County", any county in the state;
8 (4) "Fire protection district", any fire protection district in the state;
9 (5) "Municipality", any incorporated city , town or village.
10 2. Any community , if the community otherwise has the power under the law to adopt
11 such an ordinance, may adopt or repeal an ordinance which incorporates by reference the
12 provisions of any code or portions of any code, or any amendment thereof, properly identified
13 as to date and source, without setting forth the provisions of such code in full. At least one
14 copy of such code, portion or amendment which is incorporated or adopted by reference, shall
15 be filed in the of fice of the clerk of the community and there kept available for public use,
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
16 inspection, and examination. The filing requirements herein prescribed shall not be deemed
17 to be complied with unless the required copies of such codes, portion, or amendment or public
18 record are filed with the clerk of such community for a period of ninety days prior to the
19 adoption of the ordinance which incorporates such code, portion, or amendment by reference.
20 3. Any ordinance adopting a code, portion, or amendment by reference shall state the
21 penalty for violating such code, portion, or amendment, or any provisions thereof separately ,
22 and no part of any such penalty shall be incorporated by reference.
23 4. (1) Notwithstanding any other pr ovision of law to the contrary , no county or
24 municipality shall enact, adopt, or maintain any ordinance, res olution, regu lation, code,
25 or policy that mandates an owner , builder , or developer to implement gree n or otherwise
26 excessive building design and construction practices that thr eaten affordability in the
27 construction, maintenance, re pair , or reno vation of one- or two-family dwellings,
28 condominiums, or multiunit townhouses including, but not limited to:
29 (a) Sustainable building standards or features;
30 (b) High-performance standards or featur es;
31 (c) Energy efficiency standards or featur es;
32 (d) Enviro nmentally res ponsive standards or featur es;
33 (e) Standards or featur es exceeding standards or featur es defined in the 2009
34 International Residential Code (IRC); or
35 (f) Standards established in the 2009 International Energy Conservation Code
36 (IECC).
37 (2) An ordinance, res olution, r egulation, code, or policy enacted, adopted, or
38 maintained in violation of this subsection shall be null and void.
67.488. 1. This section shall be known and may be cited as the "Building Permit
2 Reform Act".
3 2. For purposes of this section, the term "exempt homeowner" means a res ident,
4 noncorporate owner of a detached, single-family res idence.
5 3. (1) No political subdivision shall r equir e an exempt homeowner to obtain any
6 license, certification, or pr ofessional reg istration or submit to any examination or testing
7 as a condition of applying for or using a building or construction permit, pr ovided all
8 work is performed by the owner or other curren t res ident.
9 (2) If an exempt homeowner transfers ownership of the pr operty within one year
10 of completing any work performed under the pr ovisions of this subsection, the r elevant
11 political subdivision is permitted to assess a one-time administrative fee in an amount
12 not to exceed five thousand dollars. The homeowner shall be informed of this potential
13 administrative fee at the time of permit application.
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14 (3) Nothing in this subsection shall be construed to proh ibit the enforcem ent of
15 any applicable building codes or r elevant inspections as otherwise r equired by
16 ordinance or law .
17 (4) Nothing in this subsection shall be construed to pro hibit an owner fr om
18 hiring a contractor otherwise authorized by law to perform work on behalf of the owner .
19 (5) The pr ovisions of this subsection shall not apply to:
20 (a) Any structur e being rent ed, leased, subleased, or otherwise occupied outside
21 of the owner's principal res idence;
22 (b) Any gas appliance installation or r epair or any work that req uires the
23 installation or modification of any device or delivery system that utilizes a combustible
24 fuel source; or
25 (c) The act of making a direc t connection to publicly pro vided water or sewer
26 service, or the modification to such existing connections at the point of service.
27 4. No political subdivision shall r equir e any permit, license, variance, or other
28 type of prior appr oval for an exempt homeowner to perform any of the following
29 activities, prov ided all work is performed by the owner or other curr ent res ident:
30 (1) Replacing an existing electric appliance with a substantially similar one,
31 pr ovided no major additions or modifications to existing building wiring ar e performed;
32 (2) Replacing an existing sink, faucet, or dishwasher , provi ded no major
33 modifications to existing building plumbing are performed;
34 (3) Repairing, rep lacing, or installing gypsum board, plaster , or any other
35 nonstructural interior wall covering or cladding; and
36 (4) Repairing, repl acing, or installing carpet, tile, vinyl, or other floor coverings.
37 5. Any political subdivision that fails to perform an inspection under a permit
38 within ten business days of a re quest made by an exempt homeowner shall r efund fifty
39 per cent of any charges assessed for the permit. If the inspection is not performed within
40 twenty business days fro m the initial req uest, the political subdivision shall waive the
41 inspection req uirements and allow the exempt homeowner to procee d as if the exempt
42 homeowner had passed the inspection.
43 6. No exempt homeowner shall be charged a fee to extend or r enew an expiring
44 building or construction permit, pr ovided the permit is not allowed to expir e prior to
45 r enewal. No limit shall be placed on the number of extensions or ren ewals of permits
46 issued to exempt homeowners unless the work being performed is visible fr om
47 neighboring prop erties or adjacent street s. Nothing in this subsection shall be construed
48 to pro hibit a political subdivision fr om req uiring job sites with uncompleted work to be
49 maintained in a state that does not pose an imminent thr eat to public health or safety .
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50 7. No exempt homeowner shall be assessed a fine or fee for work done without a
51 permit in an amount gr eater than double the charge that would have been assessed if the
52 permit had been issued at the time the unpermitted work was discover ed.
53 8. No exempt homeowner shall be req uired to destro y , rem ove, or substantially
54 alter any structur e or part of a structur e upon which work was pre viously done without
55 permits unless the political subdivision having jurisdiction can demonstrate thr ough
56 photographic or similar objective evidence that the work performed did not meet
57 applicable building codes or safety standards in place at the time the work was
58 performed.
59 9. (1) No political subdivision shall issue a stop-work order , citation, penalty , or
60 r equir ement for rem ediation for any ordinance or building code violation discover ed
61 during an inspection if the violation found is outside the scope of work that was
62 r equested to be inspected.
63 (2) Nothing in this subsection shall be interpret ed to pr ohibit the pr oduction of a
64 r eport detailing such violations found, pr ovided the rep ort is provi ded dir ectly to the
65 homeowner for informational purposes only and is not reta ined or otherwise utilized or
66 distributed by the political subdivision or its agents.
67 10. Any exempt homeowner who applies for any building or construction permit
68 and subsequently fails an inspection performed pursuant to such permit shall be
69 informed in writing as to the reas ons the inspection was deemed a failure and the actions
70 r equir ed to be taken to pass a follow-up inspection.
71 1 1. No exempt homeowner shall be assessed a charge to r einspect previ ously
72 inspected work for an amount that exceeds the cost of the initial permit or inspection
73 unless a period of over ninety days has elapsed since the original inspection.
74 12. If the state or any of its political subdivisions enacts a statute, ordinance, or
75 administrative rule that incorporates by ref eren ce any third-party standard or code
76 otherwise subject to copyright pr otection, the state or political subdivision res ponsible
77 for the statute, ordinance, or administrative rule shall provi de, upon r equest and fre e of
78 charge in a digital or physical format, the third-party standard or code incorporated by
79 r efer ence. Access to a physical format in a temporary or time-limited manner is
80 sufficient to meet the req uirements of this subsection, pr ovided that a physical copy may
81 r emain in the possession of the req uester until the completion of any curr ently permitted
82 work. The state or political subdivision shall pay all costs associated with pro viding the
83 third-party standard or code, except that the state or political subdivision may
84 alternatively declar e by executive or administrative act that the pr ovisions of the
85 standard or code incorporated by r eference shall be rep ealed and not enforc ed until
86 such re peal is achieved.
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87 13. Notwithstanding any other pro vision of law to the contrary , no agent of a
88 political subdivision shall have the authority to enter into a private res idence for the
89 purpose of performing a safety inspection or investigation into municipal or code
90 violations without first securing permission fr om the pr operty owner or the owner's
91 designee or a warrant fr om a court of competent jurisdiction.
92 14. Nothing in this section shall be construed to r equir e any political subdivision
93 to enact any building codes or standards wher e none curre ntly exist.
436.345. 1. Notwithstanding any other provision of law to the contrary , no political
2 subdivision shall require a property owner to have a home inspection conducted of a
3 residential property prior to the sale of the property .
4 2. This [ provision ] section shall not apply to any inspection requirement of new
5 construction or occupancy permits.
442.404. 1. As used in this section, the following terms shall mean:
2 (1) "Homeowners' association", a nonprofit corporation or unincorporated association
3 of homeowners created under a declaration to own and operate portions of a planned
4 community or other residential subdivision that has the power under the declaration to assess
5 association members to pay the costs and expenses incurred in the performance of the
6 association's obligations under the declaration or tenants-in-common with respect to the
7 ownership of common ground or amenities of a planned community or other residential
8 subdivision. This term shall not include a condominium unit owners' association as defined
9 and provided for in subdivision (3) of section 448.1-103 or a residential cooperative;
10 (2) "Political signs", any fixed, ground-mounted display in support of or in opposition
11 to a person seeking elected of fice or a ballot measure excluding any materials that may be
12 attached;
13 (3) "Solar panel or solar collector", a device used to collect and convert solar ener gy
14 into electricity or thermal ener gy[ , ] including , but not limited to , photovoltaic cells or panels,
15 or solar thermal systems.
16 2. (1) No deed restrictions, covenants, or similar binding agreements running with
17 the land shall prohibit or have the ef fect of prohibiting the display of political signs.
18 (2) A homeowners' association has the authority to adopt reasonable rules, subject to
19 any applicable statutes or ordinances, regarding the time, size, place, number , and manner of
20 display of political signs.
21 (3) (a) A homeowners' association may remove a political sign without liability if
22 such sign :
23 a. Is placed within the common ground[ , ] ;
24 b. Threatens the public health or safety[ , ] ;
25 c. V iolates an applicable statute or ordinance[ , ] ;
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26 d. Is accompanied by sound or music[ , ] ; or
27 e. If any other materials are attached to the political sign.
28 (b) Subject to [ the foregoing ] paragraph (a) of this subdivision , a homeowners'
29 association shall not remove a political sign from the property of a homeowner or impose any
30 fine or penalty upon the homeowner unless it has given such homeowner three days after
31 providing written notice to the homeowner , which notice shall specifically identify the rule
32 and the nature of the violation.
33 3. (1) No deed restrictions, covenants, or similar binding agreements running with
34 the land shall limit or prohibit, or have the ef fect of limiting or prohibiting, the installation of
35 solar panels or solar collectors on the rooftop of any property or structure.
36 (2) A homeowners' association may adopt reasonable rules, subject to any applicable
37 statutes or ordinances, regarding the placement of solar panels or solar collectors to the extent
38 that those rules do not :
39 (a) Prevent the installation of the device[ , ] ;
40 (b) Impair the functioning of the device[ , ] ;
41 (c) Restrict the use of the device[ , ] ; or
42 (d) Adversely af fect the cost or ef ficiency of the device.
43 (3) The provisions of this subsection shall apply only with regard to rooftops that are
44 owned, controlled, and maintained by the owner of the individual property or structure.
45 4. (1) No deed restrictions, covenants, or similar binding agreements running with
46 the land shall prohibit or have the ef fect of prohibiting the display of sale signs on the
47 property of a homeowner or property owner including, but not limited to, any yard on the
48 property , or nearby street corners.
49 (2) A homeowners' association has the authority to adopt reasonable rules, subject to
50 any applicable statutes or ordinances, regarding the time, size, place, number , and manner of
51 display of sale signs.
52 (3) (a) A homeowners' association may remove a sale sign without liability if such
53 sign :
54 a. Is placed within the common ground[ , ] ;
55 b. Threatens the public health or safety[ , ] ;
56 c. V iolates an applicable statute or ordinance[ , ] ;
57 d. Is accompanied by sound or music[ , ] ; or
58 e. If any other materials are attached to the sale sign.
59 (b) Subject to [ the foregoing ] paragraph (a) of this subdivision , a homeowners'
60 association shall not remove a sale sign from the property of a homeowner or property owner
61 or impose any fine or penalty upon the homeowner or property owner unless it has given such
62 homeowner or property owner three business days after the homeowner or property owner
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63 receives written notice from the homeowners' association, which notice shall specifically
64 identify the rule and the nature of the alleged violation.
65 5. (1) No deed restrictions, covenants, or similar binding agreements running with
66 the land shall prohibit or have the ef fect of prohibiting ownership or pasturing of up to six
67 chickens on a lot that is two-tenths of an acre or lar ger , including prohibitions against a single
68 chicken coop designed to accommodate up to six chickens.
69 (2) A homeowners' association may adopt reasonable rules, subject to applicable
70 statutes or ordinances, regarding ownership or pasturing of chickens, including a prohibition
71 or restriction on ownership or pasturing of roosters.
534.602. 1. For purposes of this section, the following terms mean:
2 (1) "Petitioner", the property owner , or an authorized agent of a property owner , of
3 property containing a residential dwelling who has filed a verified petition under the
4 provisions of this section;
5 (2) "Respondent", the person or persons unlawfully occupying property containing a
6 residential dwelling, against whom a verified petition has been filed;
7 (3) "Unlawful occupant" or "unlawful occupants", any person or persons who detain,
8 occupy , or trespass on property containing a residential dwelling without the permission of
9 the property owner , who otherwise have no legal right to occupy the property under state law ,
10 and who are not af forded any protections provided to a tenant under state law .
11 2. Notwithstanding any provision of this chapter to the contrary , a property owner or
12 [ his or her ] such owner's authorized agent may seek relief for the removal of a person or
13 persons unlawfully occupying property containing a residential dwelling under this section by
14 filing a verified petition in the county or city not within a county where the property is
15 located.
16 3. Except as provided in subsection 6 of this section, clerks of the court under the
17 supervision of a circuit clerk shall explain to the property owner or [ his or her ] such owner's
18 authorized agent not represented by counsel the procedures for filing all forms and pleadings
19 necessary for the presentation of [ his or her ] such owner's petition to the court. Notice of the
20 fact that clerks will provide such assistance shall be conspicuously posted in the clerks'
21 of fices. The location of the of fice where a petition can be filed shall be conspicuously posted
22 in the court building. The performance of duties prescribed in this section shall not constitute
23 the practice of law as defined in section 484.010. All duties of the clerk prescribed in this
24 section shall be performed without cost to the litigants. The supreme court may promulgate
25 rules as necessary to govern conduct of court clerks under this section and shall provide forms
26 for petitions and written instructions on filling out all forms and pleadings necessary for the
27 presentation of the petition to the court.
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28 4. Filing fees and court costs under this section shall be the same as filing fees and
29 court costs required when filing a claim in associate circuit court.
30 5. (1) Upon the filing of a verified petition under this section, and for good cause
31 shown in the verified petition, the court shall immediately issue an ex parte order to remove
32 the respondent. The assertion of suf ficient evidence that the person or persons are unlawfully
33 occupying property containing a residential dwelling shall constitute good cause for purposes
34 of this section. The verified petition shall set forth the following:
35 (a) The petitioner is the property owner or authorized agent of the property owner;
36 (b) The property that is being occupied includes a residential dwelling;
37 (c) An unlawful occupant or unlawful occupants have entered and remain or continue
38 to reside on the property owner's property;
39 (d) The real property was not open to members of the public at the time the unlawful
40 occupant or unlawful occupants entered;
41 (e) The unlawful occupant or unlawful occupants are occupying the property without
42 the permission of the property owner and are not guests of the property owner nor otherwise
43 authorized to make use of the property;
44 (f) The property owner has directed the unlawful occupant or unlawful occupants to
45 leave the property and the unlawful occupant or unlawful occupants have failed or refused to
46 vacate the premises;
47 (g) The property has not been leased to any person for three consecutive months, and
48 the unlawful occupant or unlawful occupants are not current or former tenants of the property
49 pursuant to any agreement with the property owner;
50 (h) The unlawful occupant or unlawful occupants are not immediate family members
51 of the property owner; and
52 (i) There is no pending litigation related to the real property between the property
53 owner and any known unlawful occupant or unlawful occupants.
54 (2) An ex parte order to have the unlawful occupant or unlawful occupants removed
55 from property containing a residential dwelling entered by the court shall take ef fect when
56 entered and shall remain in effect until there is valid service of process and a hearing is held
57 on the motion. Such hearing shall be held within forty-eight hours of filing the verified
58 petition unless good cause is shown for a delay . The court shall deny the ex parte order and
59 dismiss the petition if the petitioner is not authorized to seek relief or does not show good
60 cause.
61 (3) Failure to serve an ex parte order on the respondent shall not af fect the validity or
62 enforceability of such order .
63 6. Any ex parte order granted under this section shall be to protect the petitioner from
64 trespass by an unlawful occupant or unlawful occupants and may include such terms as the
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65 court reasonably deems necessary to ensure the petitioner's safety including, but not limited
66 to:
67 (1) Restraining the respondent from committing or threatening to commit any act of
68 violence, molestation, stalking, assault, or disturbing the peace of the petitioner or the
69 petitioner's property , including violence against a pet;
70 (2) Restraining the respondent from entering the petitioner's premises or dwelling unit
71 or coming within a certain proximity of the petitioner's premises or dwelling unit; and
72 (3) Restraining the respondent from communicating with the petitioner in any manner
73 or through any medium.
74 7. When the court has, after a hearing on the petition, issued an order for relief to
75 permanently exclude an unlawful occupant or unlawful occupants from the petitioner's
76 property , [ it ] the court may additionally:
77 (1) Permanently restrain the respondent from committing or threatening to commit
78 any act of violence, molestation, stalking, assault, or disturbing the peace of the petitioner or
79 the petitioner's property , including violence against a pet;
80 (2) Permanently restrain the respondent from entering the petitioner's premises or
81 dwelling unit or coming within a certain proximity of the petitioner's premises or dwelling
82 unit;
83 (3) Permanently restrain the respondent from communicating with the petitioner in
84 any manner or through any medium;
85 (4) Permanently expel the respondent from occupying the petitioner's premises or
86 dwelling unit;
87 (5) Permanently expel the respondent's personal property from the petitioner's
88 premises or dwelling unit;
89 (6) Order the respondent to pay all costs of repair to the petitioner's premises or
90 dwelling unit relating to damages caused by the respondent;
91 (7) Order the respondent to pay all costs associated with service of any ex parte order
92 authorized against the respondent; or
93 (8) Order the respondent to pay court costs.
94 8. A verified petition seeking an ex parte order under this section shall contain
95 allegations relating to those orders and shall pray for the orders desired.
96 9. Once the court grants an order under this section, the sherif f of the county or city
97 not within a county in which the property is located shall enforce such order by removing the
98 respondent from the property .
99 10. If appropriate, the sherif f may arrest any person found in the dwelling for
100 trespass, outstanding warrants, or any other legal cause.
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101 1 1. The sheriff is entitled to the same fee for the service of the ex parte order granted
102 under this section as if the sheriff were serving a writ of possession under section 57.280.
103 After the sherif f serves the order , the property owner or authorized agent may request that the
104 sherif f stand by to keep the peace while the property owner or agent of the property owner
105 changes the locks and removes the personal property of the unlawful occupants from the
106 premises to or near the property line. When such a request is made, the sheriff may char ge a
107 reasonable hourly rate, and the person requesting the sherif f to stand by and keep the peace is
108 responsible for paying the reasonable hourly rate set by the sheriff. The sheriff shall not be
109 liable to the unlawful occupant or occupants or to any other party for the loss, destruction, or
110 damage of property . The property owner or [ his or her ] such owner's authorized agent shall
111 not be liable to an unlawful occupant or any other party for the loss, destruction, or damage to
112 the personal property unless the removal was wrongful.
113 12. A person may bring a civil cause of action if the person was removed from the
114 property under this section without just cause. Such person may seek restored possession to
115 the real property , actual damages to personal property when personal property was removed,
116 statutory damages in the amount of one thousand dollars, and reimbursement of court costs.
117 Any damages authorized under this subsection shall be of fset by any damages to the real
118 property inflicted by the person who was removed from the real property without just cause.
119 Such damages to real property shall be proven by the property owner . A wards of actual
120 damages shall not exceed the value of the damaged personal property .
121 13. The provisions of this section do not limit the rights of a property owner or limit
122 the authority of a law enforcement of ficer to arrest an unlawful occupant for trespassing,
123 vandalism, theft, or other crimes.
124 14. All proceedings under this section are in addition to any other available civil or
125 criminal remedies, unless otherwise specifically provided in this section.
126 15. (1) The court shall retain jurisdiction over the ex parte order or full order of
127 protection issued under this section for its entire duration. The court may schedule
128 compliance review hearings to monitor the respondent's compliance with the order .
129 (2) The terms of the ex parte order or full order of protection issued under this section
130 are enforceable by all remedies available at law for the enforcement of a judgment, and the
131 court may punish a respondent who willfully violates the ex parte order to the same extent as
132 provided by law for contempt of the court in any other suit or proceeding cognizable by the
133 court.
534.604. 1. When a law enforcement of ficer has probable cause to believe that a
2 party , against whom an ex parte order under section 534.602 has been entered and who has
3 notice of such order entered, has committed an act in violation of such order , the law
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4 enforcement of ficer shall arrest the offendi ng party-respondent regardless of whether the
5 violation occurred in the presence of the arresting law enforcement of ficer .
6 2. In an arrest in which a law enforcement of ficer acted in good faith reliance on this
7 section, the arresting and assisting law enforcement of ficers and their employing entities and
8 superiors shall be immune from liability in any civil action alleging false arrest, false
9 imprisonment, or malicious prosecution.
10 3. (1) A violation of the terms and conditions of an ex parte order under section
11 534.602 shall be a class A misdemeanor .
12 (2) For the purposes of this subsection, in addition to the notice provided by actual
13 service of the order , a party is deemed to have notice of an ex parte order under section
14 534.602 if:
15 [ (1) ] (a) The law enforcement of ficer responding to a call of a violation of an ex parte
16 order under section 534.602 presented a copy of the ex parte order to the respondent; or
17 [ (2) ] (b) Notice is given by actual communication to the respondent in a manner
18 reasonably likely to advise the respondent.
19 4. Nothing in this section shall be interpreted as creating a civil cause of action for
20 damages to enforce the provisions set forth in this section.
569.200. 1. A person commits the of fense of criminal mischief if [ he or she ] such
2 person unlawfully detains, occupies, or trespasses upon a residential dwelling.
3 2. The of fense of criminal mischief is a class A misdemeanor .
✔
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