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SECOND REGULAR SESSION
SENATE COMMITTEE SUBSTITUTE FOR
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 2384
103RD GENERAL ASSEMBLY
5770S.05C KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 67.280 and 71.948, RSMo, and to enact in lieu thereof three new sections
relating to applications for property developments.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 67.280 and 71.948, RSMo, are repealed 1
and three new sections enacted in lieu thereof, to be known as 2
sections 67.280, 67.486, and 71.948, to read as follows:3
67.280. 1. As used in this section, the following 1
terms mean: 2
(1) "Code", any published compilation of rules 3
prepared by various technical trade associations, federal 4
agencies, this state or any agency thereof, but shall be 5
limited to: regulations concerning the construction of 6
buildings and continued occupancy thereof; mechanical, 7
plumbing, and electrical construction; and fire prevention; 8
(2) "Community", any county, fire protection district 9
or municipality; 10
(3) "County", any county in the state; 11
(4) "Fire protection district", any fire protection 12
district in the state; 13
(5) "Municipality", any incorporated city, town or 14
village. 15
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2. Any community, if the community otherwise has the 16
power under the law to adopt such an ordinance, may adopt or 17
repeal an ordinance which incorporates by reference the 18
provisions of any code or portions of any code, or any 19
amendment thereof, properly identified as to date and 20
source, without setting forth the provisions of such code in 21
full. At least one copy of such code, portion or amendment 22
which is incorporated or adopted by reference, shall be 23
filed in the office of the clerk of the community and there 24
kept available for public use, inspection, and examination. 25
The filing requirements herein prescribed shall not be 26
deemed to be complied with unless the required copies of 27
such codes, portion, or amendment or public record are filed 28
with the clerk of such community for a period of ninety days 29
prior to the adoption of the ordinance which incorporates 30
such code, portion, or amendment by reference. 31
3. Any ordinance adopting a code, portion, or 32
amendment by reference shall state the penalty for violating 33
such code, portion, or amendment, or any provisions thereof 34
separately, and no part of any such penalty shall be 35
incorporated by reference. 36
4. (1) Notwithstanding any other provision of law to 37
the contrary, no county or municipality shall enact, adopt, 38
or maintain any ordinance, resolution, regulation, code, or 39
policy that mandates an owner, builder, or developer to 40
comply with energy efficiency or other energy related 41
standards or requirements that exceed those permitted under 42
this section in the construction, maintenance, repair, or 43
renovation of detached one- or two-family dwellings, and 44
multiple single-family dwellings, and Group R-2, R-3, and R- 45
4 buildings three stories or less in height above grade 46
including, but not limited to: 47
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(a) Energy efficiency standards or features exceeding 48
those in paragraphs (b) and (c) below; 49
(b) Standards or features exceeding energy standards 50
or features defined in the 2012 International Residential 51
Code (IRC); or 52
(c) Standards or features exceeding energy standards 53
or features established in the 2012 International Energy 54
Conservation Code (IECC). 55
(2) An ordinance, resolution, regulation, code, or 56
policy enacted, adopted, or maintained in violation of this 57
subsection shall be null and void. 58
67.486. 1. As used in this section, the following 1
terms mean: 2
(1) "Political subdivision", a local public body 3
created under the Constitution of Missouri or by the general 4
assembly that exercises governmental functions for purposes 5
of a request made under this section; 6
(2) "Request", an application for a permit, license, 7
variance, or any other kind of prior approval from a 8
political subdivision for an action related to the 9
construction of a new residential, commercial, or industrial 10
building or the repair or renovation of any such existing 11
building. 12
2. (1) If an applicant submits a request to a 13
political subdivision, the political subdivision shall 14
approve or deny the applicant's request within thirty 15
calendar days. 16
(2) If no response is received by an applicant within 17
thirty calendar days, the request shall be deemed approved 18
and the applicant is authorized to proceed with the 19
construction as provided in the request. 20
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(3) If the request is approved, the political 21
subdivision shall not impose on the applicant additional 22
requirements related to the request. 23
(4) (a) If the political subdivision denies the 24
request, the political subdivision shall state in writing to 25
the applicant the reasons for the denial. 26
(b) The written denial shall include, but not be 27
limited to, the following: 28
a. If the request relates to work that is stamped by a 29
certified design professional and such request is denied on 30
the basis of the political subdivision's rejection of such 31
work, a detailed description of why the work of the design 32
professional who stamped such work is so inferior or so 33
insufficient that the political subdivision cannot approve 34
the request; and 35
b. If the request is denied on the basis of a 36
violation of a code provision governing any part of the 37
development or improvement that is the subject of the 38
request, a citation to the code provision the political 39
subdivision determines has been violated. 40
(5) The time limit in this subsection begins upon the 41
political subdivision's receipt of the applicant's request. 42
3. (1) A political subdivision may deny an 43
applicant's request under subsection 2 of this section as 44
incomplete. 45
(2) The request is incomplete if the political 46
subdivision determines the request fails to contain all 47
information required by law, or by rule, ordinance, or 48
policy of the political subdivision adopted prior to the 49
submission of the request. 50
(3) If the political subdivision denies a request as 51
incomplete, the political subdivision shall state in writing 52
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to the applicant the reasons for the denial of the request 53
as incomplete. 54
(4) If an applicant resubmits a request after 55
receiving a written denial as required under this section, 56
the political subdivision shall not issue a subsequent 57
denial that includes additional unrelated reasons for denial 58
that were unspecified and not included in the denial of the 59
initial request. 60
(5) The time limit in subsection 2 of this section 61
shall reset only if, within twenty calendar days of receipt 62
of the applicant's request, the political subdivision sends 63
written notice to the applicant of the denial of the request 64
as incomplete. 65
71.948. 1. If a municipality's general ordinances are 1
not available online for inspection without cost by the 2
public, at least three copies of the published book shall be 3
kept on file in the office of the municipal clerk and kept 4
available for inspection by the public at all reasonable 5
business hours. 6
2. If a municipality's general ordinances are 7
available online for inspection without cost by the public, 8
at least one copy of the published book shall be kept on 9
file in the office of the municipal clerk and kept available 10
for inspection by the public at all reasonable business 11
hours. 12
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