Establishes the "Missouri Building Codes Act"

SECOND REGULAR SESSION
HOUSE BILL NO. 3466
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE HRUZA.
7471H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal section 67.280, RSMo, and to enact in lieu thereof two new sections relating to
building codes.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 67.280, RSMo, is repealed and two new sections enacted in lieu
2 thereof, to be known as sections 8.363 and 67.280, to read as follows:
8.363 . 1. A new facility constructed for the state of Missouri on or after August
2 28, 2026, shall be constructed in compliance with standards established under the
3 Missouri building codes established in section 67.280.
4 2. A state agency that requ ires building inspections shall comply with the same
5 standards of inspection as r equir ed for construction under section 67.280.
67.280. 1. This section and section 8.363 shall be known and may be cited as the
2 "Missouri Building Codes Act".
3 2. As used in this section, the following terms mean:
4 (1) "Agricultural building", any structure used solely for agricultural purposes
5 in which the use is exclusively in connection with the pr oduction, harvesting, storage,
6 drying, or raising of agricultural commodities, including, but not limited to, the raising
7 of livestock;
8 (2) "Authority having jurisdiction", any county , fir e pr otection district,
9 municipality , or other entity with the authority and r esponsibility for developing,
10 implementing, maintaining, and overseeing building codes;
11 (3) "Code", any published compilation of rules prepared by various technical trade
12 associations, federal agencies, this state or any agency thereof, but shall be limited to:
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.
13 regulations concerning the construction of buildings and continued occupancy thereof;
14 mechanical, plumbing, and electrical construction; and fire prevention;
15 [ (2) "Community", any county , fire protection district or municipality;
16 (3) ] (4) "County", any county in the state;
17 [ (4) ] (5) "Fire protection district", any fire protection district in the state , as defined
18 in chapter 321 ;
19 [ (5) ] (6) "Municipality", any incorporated city , town , or village.
20 [ 2. ] 3. (1) Ther e is her eby established the "Missouri Building Codes". Such
21 codes shall include, but not be limited to, all codes established by state rule or regul ation
22 governing the following subjects:
23 (a) Building;
24 (b) Electrical;
25 (c) Fir e;
26 (d) Mechanical;
27 (e) Existing building;
28 (f) Fuel and gas;
29 (g) Plumbing; and
30 (h) Residential.
31 (2) Such codes shall include model codes published by the following entities:
32 (a) The International Association of Plumbing and Mechanical Officials
33 (IAPMO);
34 (b) The International Code Council (ICC); and
35 (c) The National Fir e Pr otection Association (NFP A).
36 (3) The Missouri building codes commission shall begin implementation of the
37 codes established under the provi sions of this section by August 28, 2028.
38 4. (1) Any [ community , if the community otherwise has the power under the law to
39 adopt such an ordinance, ] authority having jurisdiction may adopt or repeal an ordinance
40 [ which ] that incorporates by reference the provisions of any code or portions of any code, or
41 any amendment thereof, properly identified as to date and source, without setting forth the
42 provisions of such code in full. Upon adoption of such ordinance, all authorities having
43 jurisdiction may adopt and enforce the Missouri building codes listed in this section by
44 r efer ence. Each fir e protect ion district that issues construction permits and that adopts
45 and enfor ces the Missouri building codes shall follow applicable fir e code r equir ements
46 established by law .
47 (2) At least one copy of such code, portion , or amendment [ which ] that is
48 incorporated or adopted by reference[ , ] shall be filed in the of fice of the clerk of the
49 [ community ] authority having jurisdiction and there kept available for public use,
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50 inspection, and examination. The filing requirements herein prescribed shall not be deemed
51 to be complied with unless the required copies of such codes, portion, or amendment or public
52 record are filed with the clerk of such [ community ] authority having jurisdiction for a
53 period of ninety days prior to the adoption of the ordinance [ which ] that incorporates such
54 code, portion, or amendment by reference.
55 [ 3. ] (3) Any ordinance adopting a code, portion, or amendment by reference shall
56 state the penalty for violating such code, portion, or amendment, or any provisions thereof
57 separately , and no part of any such penalty shall be incorporated by reference.
58 (4) A copy of any code, portion, or amendment adopted under the pro visions of
59 this subsection that is incorporated by refe rence shall be pr ovided to the department of
60 commer ce and insurance and Missouri building codes commission by the clerk of such
61 authority having jurisdiction.
62 (5) Such authority having jurisdiction shall publish such code, portion, or
63 amendment incorporated by ref erence on the public website of the authority having
64 jurisdiction as requi red by the Missouri building codes commission.
65 5. (1) Each authority having jurisdiction that has adopted a building code prior
66 to August 28, 2026, shall adopt the Missouri building codes established in this section.
67 An authority having jurisdiction that has adopted the Missouri building codes prior to
68 August 28, 2026, shall follow the Missouri building codes as requ ired by rule. An
69 authority having jurisdiction may adopt local amendments to the Missouri building
70 codes in accordance with this subsection.
71 (2) Each pr oposed local amendment shall be accompanied by a statement of why
72 the amendment is important to that community .
73 (3) No local amendment shall be adopted or enfor ced until the commission
74 appr oves the amendment.
75 (4) In determining whether to appr ove or rej ect a pr oposed local amendment,
76 the commission shall consider safety , health, local conditions, consistency with the
77 Missouri building codes, and housing affordability .
78 (5) A pro posed local amendment, including, but not limited to, adoption of other
79 codes not covered by the curren t Missouri building codes, shall be the same code year as
80 the curr ent Missouri building codes and shall be updated or amended as described in
81 this subsection.
82 (6) The commission may take up to sixty days following recei pt of a pro posed
83 local amendment to determine whether to appr ove or r eject. If a determination has not
84 been made by the commission after sixty days, the amendment shall be consider ed
85 appr oved.
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86 (7) An authority having jurisdiction may appeal the rej ection of a pr oposed local
87 amendment by submitting a letter of appeal to the commission within thirty days of
88 r eceiving the determination, wher eby the committee has sixty days following r eceipt of
89 the appeal to make a final determination of appr oval or r ejection.
90 6. An authority having jurisdiction that is located within a county of the third or
91 fourth classification and that has not adopted a building code prior to August 28, 2026,
92 may adopt a building code under subsection 4 of this section by order or ordinance. No
93 such order or ordinance shall become effective unless the governing body of such
94 authority having jurisdiction submits to the qualified voters of the authority having
95 jurisdiction affected by such pro posed building code on any day available for elections
96 for the authority having jurisdiction a pr oposal to authorize such authority having
97 jurisdiction to adopt a building code.
98 (1) The question submitted shall be in substantially the following form:
99 "Shall ______ (insert name of authority having jurisdiction) have the
100 authority to cr eate, adopt, and impose a building code?".
101 (2) If a majority of the votes cast on the question by the qualified voters voting
102 ther eon ar e in favor of the question, such order or ordinance adopting a building code
103 shall become effective on the first day of the second calendar quarter following the
104 calendar quarter in which the election was held. If a majority of the votes cast on the
105 question by the qualified voters voting ther eon ar e opposed to the question, such order
106 or ordinance adopting a building code shall not become effective unless and until the
107 question is r esubmitted to the qualified voters under this subsection and such question is
108 appr oved by a majority of the qualified voters voting on the question.
109 7. (1) Ther e is hereby crea ted in the department of commer ce and insurance the
110 "Missouri Building Codes Commission". Appointments to the commission shall
111 r epresent the geographic diversity of the state. The Missouri building codes commission
112 shall consist of the state fir e marshal, nine members appointed by the governor with the
113 advice and consent of the senate, and the state codes manager appointed under this
114 subsection. Members appointed by the governor shall be as follows:
115 (a) One Missouri licensed arch itect appointed fr om panels nominated by
116 associations repr esenting ar chitects;
117 (b) One Missouri licensed pr ofessional engineer appointed fro m panels
11 8 nominated by associations repr esenting pr ofessional engineers;
119 (c) One building official appointed fr om panels nominated by associations
120 r epresent ing building officials;
121 (d) One fire marshal appointed from panels nominated by associations
122 r epresent ing fir e marshals;
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123 (e) One home builder specializing in res idential construction, appointed fr om
124 panels nominated by associations repr esenting home builders;
125 (f) One general contractor specializing in commer cial construction, appointed
126 fr om panels nominated by associations repr esenting general contractors;
127 (g) One electrical contractor or electrician with ten years of experience in the
128 industry , appointed fro m panels nominated by associations or unions rep res enting
129 electrical contractors or electricians;
130 (h) One mechanical contractor , pipefitter , or mechanic with ten years of
131 experience in the industry , appointed fro m panels nominated by associations or unions
132 r epresent ing mechanical contractors, pipefitters, or mechanics; and
133 (i) One plumbing contractor or plumber with ten years of experience in the
134 industry , appointed fro m panels nominated by associations or unions rep res enting
135 plumbing contractors or plumbers.
136 (2) Of the initial members appointed by the governor , five shall serve an initial
137 term of thr ee years and five shall serve an initial term of six years. Members shall have
138 a twelve-year term limit. A member appointed after the expiration of the initial term
139 shall serve a six-year term. A vacancy shall be filled in the same manner in which the
140 member vacating the office was initially appointed. Members shall not rec eive
141 compensation for services r ender ed but may be r eimbursed for actual and necessary
142 expenses in an amount equal to the per diem of a member of the general assembly . The
143 Missouri building codes commission shall elect a chair and other officers necessary for
144 its membership at each first annual meeting and shall meet at least two times per year
145 within the state. The commission shall make decisions by a two-thirds consensus. The
146 staff of the department of commerc e and insurance shall pr ovide necessary clerical,
147 r esear ch, fiscal, and legal services to the Missouri building codes commission as the
148 commission may req uest.
149 (3) The Missouri building codes commission shall have an advisory committee
150 on res idential building codes, with re sponsibility for developing and present ing to the
151 commission a res idential building code for the commission's consideration of adoption
152 to the Missouri building codes, with membership serving at the pleasur e of the Missouri
153 building codes commission and to be appointed by the Missouri building codes
154 commission as follows:
155 (a) Three members with experience in res idential home building, no two of
156 which shall live in the same county;
157 (b) One licensed arc hitect who designs houses;
158 (c) Three building code officials or fir e marshals, no two of which shall live in the
159 same county;
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160 (d) One person with expertise in energy efficient construction defined as having
161 the home energy rater , home energy pr ofessional energy auditor or similar certification,
162 or has ten years of experience working in the building industry consulting on energy
163 efficiency .
164 (4) The Missouri building codes commission shall have an advisory committee
165 on plumbing, mechanical, fuel, and gas codes, with r esponsibility for drafting or
166 determining plumbing, mechanical, fuel, and gas codes, with membership serving at the
167 pleasur e of the Missouri building codes commission and to be appointed by the Missouri
168 building codes commission as follows:
169 (a) One plumber with ten years of experience in the industry;
170 (b) One plumbing contractor;
171 (c) One mechanical tradesman with specialty in pipefitting, sheet metal work, or
172 heating ventilation and cooling with ten years of experience in the industry;
173 (d) One mechanical contractor;
174 (e) One profes sional engineer specializing in mechanical work;
175 (f) One pr ofessional engineer specializing in plumbing, sanitary , or sewer;
176 (g) One licensed arch itect;
177 (h) T wo building code officials;
178 (i) One fir e marshal; and
179 (j) One member -at-large r epresent ing the owners and users of commerci al
180 buildings.
181 (5) The Missouri building codes commission may appoint additional advisory
182 committees as it deems necessary , with membership to serve at the pleasure of the
183 commission.
184 (6) The Missouri building codes commission shall have the following powers and
185 duties:
186 (a) T o maintain record s of regist ered inspectors, including, but not limited to,
187 certifications completed;
188 (b) T o pr ovide information r elated to pro moting and coordinating inspector
189 training;
190 (c) T o hir e any staff necessary for implementation of this section, including a
191 state codes manager , who shall:
192 a. Serve as an ex officio member of the Missouri building codes commission; and
193 b. Be an individual:
194 (i) Licensed under chapter 327 and practicing in this state as an archi tect or a
195 pr ofessional engineer with at least ten years of experience in the individual's trade; or
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196 (ii) Certified as a building official or master code profes sional with at least five
197 years of supervisory experience as a jurisdictional code official;
198 (d) T o maintain the Missouri building codes in conjunction with the state fir e
199 marshal and the state codes manager; and
200 (e) T o pr ovide technical assistance to any authority having jurisdiction that has
201 adopted the Missouri building codes in interpr eting the Missouri building codes and
202 r esolving any conflict res ulting fro m any enforcem ent action under this section.
203 8. (1) The Missouri building codes commission shall establish fees to be charged
204 for the issuance and renewa l of any construction permits, occupancy permits, or
205 r eoccupancy permits issued by any agency or political subdivision of this state.
206 (2) In addition to the fees established under subdivision (1) of this subsection, the
207 Missouri building codes commission shall charge fees for issuance and r enewal of
208 permits, as described in this subsection, by any agency or political subdivision of the
209 state authorizing work governed by codes within the purview of the commission, not to
210 exceed seven dollars adjusted annually by the commission based on the rate of inflation
211 according to the Consumer Price Index for All Urban Consumers for the United States
212 as repo rted by the Burea u of Labor Statistics, or its successor index.
213 (3) The fees specified in this subsection shall be collected by the agency or
214 political subdivision issuing the applicable permits, and the fees charged under
215 subdivision (2) of this subsection shall be r emitted to the state tre asury at least monthly
216 to be deposited in the Missouri building codes fund.
217 (4) Nothing in this section shall pro hibit the Missouri building codes commission
218 fr om offering incentives for pro mpt payment or rem ittance of the fees specified in this
219 subsection.
220 9. (1) Ther e is hereb y cr eated in the state tr easury the "Missouri Building Codes
221 Fund", which shall consist of fees collected under this section, appr opriations by the
222 general assembly , and grants. The state fir e marshal shall administer the fund. The
223 state tr easur er shall be custodian of the fund. In accordance with sections 30.170 and
224 30.180, the state tr easur er may appr ove disbursements. The fund shall be a dedicated
225 fund and, upon appr opriation, moneys in this fund shall be used solely as pr ovided in
226 this section.
227 (2) Notwithstanding the pro visions of section 33.080 to the contrary , any moneys
228 r emaining in the fund at the end of the biennium shall not r evert to the credit of the
229 general reven ue fund.
230 (3) The state tre asurer shall invest moneys in the fund in the same manner as
231 other funds ar e invested. Any interes t and moneys earned on such investments shall be
232 cr edited to the fund.
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233 10. The Missouri building codes commission may apply for and receive grants
234 consistent with the purposes of this section. All such funds and grants shall be used or
235 expended in accordance with the pro visions of this section and may be used or expended
236 for the pr eservation, impr ovement, and expansion of, and intergovernmental
2 3 7 agr eements between jurisdictions rel ated to, impr oved accessibility to jurisdictions to
238 help fund training progr ams for building inspectors thr ough associations that prov ide
239 such training, pur chasing code books for political subdivisions, the operation of the
240 office of the state code manager within the department of commer ce and insurance, and
241 operation of the Missouri building codes commission.
242 1 1. Except for the state fir e code, the Missouri building codes shall be
243 administer ed by the state codes manager with the advice and consent of the department
244 of commer ce and insurance. The state codes manager shall rev iew , maintain, and, in
245 conjunction with the Missouri building codes commission, amend the Missouri building
246 codes. The state codes manager shall r eview the codes every other thr ee-year cycle but
247 no less than every six years and within eighteen months fr om the date of publication of
248 any subsequent edition of the international codes. The state fir e code shall be review ed,
249 maintained, and amended by the state fir e marshal. The Missouri building codes
250 commission shall hold public hearings in accordance with chapter 610 as part of the
251 pr ocess of adopting or amending codes. Authorities having jurisdiction that have
252 adopted the Missouri building codes shall have an additional twelve months to adopt
253 any amendments to the Missouri building codes as pr ovided by the Missouri building
254 codes commission. If, in the determination of the Missouri building codes commission, a
255 technical update is req uired , the commission may make necessary r evisions outside of
256 the normal appr oved cycle.
257 12. The state codes manager and state fir e marshal shall not be r esponsible for
258 enfor cing the state building codes in an authority having jurisdiction. Each authority
259 having jurisdiction shall pro vide enforcem ent in the manner listed in each building code
260 or may prov ide enfor cement in one of the following methods:
261 (1) Inspection services pr ovided by employees of the authority having
26 2 jurisdiction;
263 (2) Intergovernmental agr eements between authorities having jurisdiction; or
264 (3) Inspectors who are regi stered with the Missouri building codes commission.
265 13. (1) No agricultural building shall be subject to any Missouri building codes
266 adopted under this section.
267 (2) Any person owning, res iding and working at, or employed at any agricultural
268 building used solely for agricultural purposes shall be exempt fr om the pr ovisions
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269 adopted under this section as such pr ovisions pertain to any impr ovements, additions,
270 or alterations of the agricultural building.
271 (3) The exemption pr ovided in subdivision (2) of this subsection shall not apply
272 to impr ovements, additions, or alterations that repurpos e the agricultural building for
273 nonagricultural purposes.
274 14. Resolution of a conflict res ulting fr om an enforcem ent action under this
275 section shall be the res ponsibility of the authority having jurisdiction that adopts the
276 Missouri building codes.
277 15. Notwithstanding any other provi sion of law to the contrary , this section shall
278 apply in the case of a conflict between this section and any other pr ovision of state law .
279 16. The Missouri building codes commission, the state codes manager , and the
280 state fir e marshal may pr omulgate all necessary rules and r egulations for the
281 administration of this section. Any rule or portion of a rule, as that term is defined
282 in section 536.010, that is creat ed under the authority delegated in this section shall
283 become effective only if it complies with and is subject to all of the provi sions of chapter
284 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable
285 and if any of the powers vested with the general assembly pursuant to chapter 536 to
286 r eview , to delay the effective date, or to disappr ove and annul a rule are subsequently
287 held unconstitutional, then the grant of rulemaking authority and any rule pr oposed or
288 adopted after the effective date of this act shall be invalid and void.
✔
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