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EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1431
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR HENDERSON.
5985S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 67.280, RSMo, and to enact in lieu thereof three 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Section A. Section 67.280, RSMo, is repealed and three 1
new sections enacted in lieu thereof, to be known as sections 2
8.363, 67.280, and 67.283, to read as follows:3
8.363. 1. A new facility constructed for the state of 1
Missouri on or after August 28, 2026, shall be constructed 2
in compliance with standards established under the Missouri 3
building codes established in section 67.280. 4
2. A state agency that requires building inspections 5
shall comply with the same standards of inspection as 6
required for construction under section 67.280. 7
67.280. 1. This section, section 67.283, and section 1
8.363 shall be known and may be cited as the "Missouri 2
Building Codes Act". 3
2. As used in this section, the following terms mean: 4
(1) "Agricultural building", any structure used solely 5
for agricultural purposes in which the use is exclusively in 6
connection with the production, harvesting, storage, drying, 7
or raising of agricultural commodities, including, but not 8
limited to, the raising of livestock; 9
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(2) "Authority having jurisdiction", any county, fire 10
protection district, municipality, or other entity with the 11
authority and responsibility for developing, implementing, 12
maintaining, and overseeing codes; 13
(3) "Code", any published compilation of rules 14
prepared by various technical trade associations, federal 15
agencies, this state or any agency thereof, but shall be 16
limited to: regulations concerning the construction of 17
buildings and continued occupancy thereof; mechanical, 18
plumbing, and electrical construction; and fire prevention; 19
[(2) "Community", any county, fire protection district 20
or municipality; 21
(3)] (4) "County", any county in the state; 22
[(4)] (5) "Fire protection district", any fire 23
protection district in the state, as defined in chapter 321; 24
[(5)] (6) "Municipality", any incorporated city, town, 25
or village. 26
[2.] 3. (1) There is hereby established the "Missouri 27
Building Codes". Such codes shall include, but not be 28
limited to, all codes established by state rule or 29
regulation governing the following subjects: 30
(a) Building; 31
(b) Electrical; 32
(c) Energy; 33
(d) Fire; 34
(e) Mechanical; 35
(f) Existing building; 36
(g) Fuel and gas; 37
(h) Plumbing; and 38
(i) Residential. 39
(2) Such codes shall include model codes published by 40
the following entities: 41
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(a) The International Association of Plumbing and 42
Mechanical Officials (IAPMO); 43
(b) The International Code Council (ICC); and 44
(c) The National Fire Protection Association (NFPA). 45
(3) The Missouri building codes commission shall begin 46
implementation of the codes established under the provisions 47
of this section by August 28, 2028. 48
4. (1) Any [community, if the community otherwise has 49
the power under the law to adopt such an ordinance,] 50
authority having jurisdiction may adopt or repeal an 51
ordinance [which] that incorporates by reference the 52
provisions of any code or portions of any code, or any 53
amendment thereof, properly identified as to date and 54
source, without setting forth the provisions of such code in 55
full. Upon adoption of such ordinance, all authorities 56
having jurisdiction may adopt and enforce the Missouri 57
building codes listed in this section by reference. Each 58
fire protection district that issues construction permits 59
and that adopts and enforces the Missouri building codes 60
shall follow applicable fire code requirements established 61
by law. 62
(2) At least one copy of such code, portion, or 63
amendment [which] that is incorporated or adopted by 64
reference[,] shall be filed in the office of the clerk of 65
the [community] authority having jurisdiction and there kept 66
available for public use, inspection, and examination. The 67
filing requirements herein prescribed shall not be deemed to 68
be complied with unless the required copies of such codes, 69
portion, or amendment or public record are filed with the 70
clerk of such [community] authority having jurisdiction for 71
a period of ninety days prior to the adoption of the 72
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ordinance [which] that incorporates such code, portion, or 73
amendment by reference. 74
[3.] (3) Any ordinance adopting a code, portion, or 75
amendment by reference shall state the penalty for violating 76
such code, portion, or amendment, or any provisions thereof 77
separately, and no part of any such penalty shall be 78
incorporated by reference. 79
(4) A copy of any code, portion, or amendment adopted 80
under the provisions of this subsection that is incorporated 81
by reference shall be provided to the department of commerce 82
and insurance and Missouri building codes commission by the 83
clerk of such authority having jurisdiction. 84
(5) Such authority having jurisdiction shall publish 85
such code, portion, or amendment incorporated by reference 86
on the public website of the authority having jurisdiction 87
as required by the Missouri building codes commission. 88
5. (1) Each authority having jurisdiction that has 89
adopted a building code prior to August 28, 2026, shall 90
adopt the Missouri building codes established in this 91
section. An authority having jurisdiction that has adopted 92
the Missouri building codes prior to August 28, 2026, shall 93
follow the Missouri building codes as required by rule. An 94
authority having jurisdiction may adopt local amendments to 95
the Missouri building codes in accordance with this 96
subsection. 97
(2) Each proposed local amendment shall be accompanied 98
by a statement of why the amendment is important to that 99
community. 100
(3) No local amendment shall be adopted or enforced 101
until the commission approves the amendment. 102
(4) In determining whether to approve or reject a 103
proposed local amendment, the commission shall consider 104
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safety, health, local conditions, consistency with the 105
Missouri building codes, and housing affordability. 106
(5) A proposed local amendment, including, but not 107
limited to, adoption of other codes not covered by the 108
current Missouri building codes, shall be the same code year 109
as the current Missouri building codes and shall be updated 110
or amended as described in this subsection. 111
(6) The commission may take up to sixty days following 112
receipt of a proposed local amendment to determine whether 113
to approve or reject. If a determination has not been made 114
by the commission after sixty days, the amendment shall be 115
considered approved. 116
(7) An authority having jurisdiction may appeal the 117
rejection of a proposed local amendment by submitting a 118
letter of appeal to the commission within thirty days of 119
receiving the determination, whereby the committee has sixty 120
days following receipt of the appeal to make a final 121
determination of approval or rejection. 122
6. An authority having jurisdiction that is located 123
within a county of the third or fourth classification and 124
that has not adopted a building code prior to August 28, 125
2026, may adopt a building code under subsection 4 of this 126
section by order or ordinance. No such order or ordinance 127
shall become effective unless the governing body of such 128
authority having jurisdiction submits to the qualified 129
voters of the authority having jurisdiction affected by such 130
proposed building code on any day available for elections 131
for the authority having jurisdiction a proposal to 132
authorize such authority having jurisdiction to adopt a 133
building code. 134
(1) The question submitted shall be in substantially 135
the following form: 136
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(2) If a majority of the votes cast on the question by 140
the qualified voters voting thereon are in favor of the 141
question, such order or ordinance adopting a building code 142
shall become effective on the first day of the second 143
calendar quarter following the calendar quarter in which the 144
election was held. If a majority of the votes cast on the 145
question by the qualified voters voting thereon are opposed 146
to the question, such order or ordinance adopting a building 147
code shall not become effective unless and until the 148
question is resubmitted to the qualified voters under this 149
subsection and such question is approved by a majority of 150
the qualified voters voting on the question. 151
7. (1) There is hereby created in the department of 152
commerce and insurance the "Missouri Building Codes 153
Commission". Appointments to the commission shall represent 154
the geographic diversity of the state. The Missouri 155
building codes commission shall consist of the state fire 156
marshal, nine members appointed by the governor with the 157
advice and consent of the senate, and the state codes 158
manager appointed under this subsection. Members appointed 159
by the governor shall be as follows: 160
(a) One Missouri licensed architect appointed from 161
panels nominated by associations representing architects; 162
(b) One Missouri licensed professional engineer 163
appointed from panels nominated by associations representing 164
professional engineers; 165
(c) One building official appointed from panels 166
nominated by associations representing building officials; 167
137
138
139
"Shall ______ (insert name of authority having
jurisdiction) have the authority to create, adopt,
and impose a building code?".
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(d) One fire marshal appointed from panels nominated 168
by associations representing fire marshals; 169
(e) One home builder specializing in residential 170
construction, appointed from panels nominated by 171
associations representing home builders; 172
(f) One general contractor specializing in commercial 173
construction, appointed from panels nominated by 174
associations representing general contractors; 175
(g) One electrical contractor or electrician with ten 176
years of experience in the industry, appointed from panels 177
nominated by associations or unions representing electrical 178
contractors or electricians; 179
(h) One mechanical contractor, pipefitter, or mechanic 180
with ten years of experience in the industry, appointed from 181
panels nominated by associations or unions representing 182
mechanical contractors, pipefitters, or mechanics; and 183
(i) One plumbing contractor or plumber with ten years 184
of experience in the industry, appointed from panels 185
nominated by associations or unions representing plumbing 186
contractors or plumbers. 187
(2) Of the initial members appointed by the governor, 188
five shall serve an initial term of three years and five 189
shall serve an initial term of six years. Members shall 190
have a twelve-year term limit. A member appointed after the 191
expiration of the initial term shall serve a six-year term. 192
A vacancy shall be filled in the same manner in which the 193
member vacating the office was initially appointed. Members 194
shall not receive compensation for services rendered but may 195
be reimbursed for actual and necessary expenses in an amount 196
equal to the per diem of a member of the general assembly. 197
The Missouri building codes commission shall elect a chair 198
and other officers necessary for its membership at each 199
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first annual meeting and shall meet at least two times per 200
year within the state. The commission shall make decisions 201
by a two-thirds consensus. The staff of the department of 202
commerce and insurance shall provide necessary clerical, 203
research, fiscal, and legal services to the Missouri 204
building codes commission as the commission may request. 205
(3) The Missouri building codes commission shall have 206
an advisory committee on residential building codes, with 207
responsibility for developing and presenting to the 208
commission a residential building code for the commission's 209
consideration of adoption to the Missouri building codes, 210
with membership serving at the pleasure of the Missouri 211
building codes commission and to be appointed by the 212
Missouri building codes commission as follows: 213
(a) Three members with experience in residential home 214
building, no two of which shall live in the same county; 215
(b) One licensed architect who designs houses; 216
(c) Three building code officials or fire marshals, no 217
two of which shall live in the same county; 218
(d) One person with expertise in energy efficient 219
construction defined as having the home energy rater, home 220
energy professional energy auditor or similar certification, 221
or has ten years of experience working in the building 222
industry consulting on energy efficiency. 223
(4) The Missouri building codes commission shall have 224
an advisory committee on plumbing, mechanical, fuel, and gas 225
codes, with responsibility for drafting or determining 226
plumbing, mechanical, fuel, and gas codes, with membership 227
serving at the pleasure of the Missouri building codes 228
commission and to be appointed by the Missouri building 229
codes commission as follows: 230
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(a) One plumber with ten years of experience in the 231
industry; 232
(b) One plumbing contractor; 233
(c) One mechanical tradesman with specialty in 234
pipefitting, sheet metal work, or heating ventilation and 235
cooling with ten years of experience in the industry; 236
(d) One mechanical contractor; 237
(e) One professional engineer specializing in 238
mechanical work; 239
(f) One professional engineer specializing in 240
plumbing, sanitary, or sewer; 241
(g) One licensed architect; 242
(h) Two building code officials; 243
(i) One fire marshal; and 244
(j) One member-at-large representing the owners and 245
users of commercial buildings. 246
(5) The Missouri building codes commission may appoint 247
additional advisory committees as it deems necessary, with 248
membership to serve at the pleasure of the commission. 249
(6) The Missouri building codes commission shall have 250
the following powers and duties: 251
(a) To maintain records of registered inspectors, 252
including, but not limited to, certifications completed; 253
(b) To provide information related to promoting and 254
coordinating inspector training; 255
(c) To hire any staff necessary for implementation of 256
this section, including a state codes manager, who shall: 257
a. Serve as an ex officio member of the Missouri 258
building codes commission; and 259
b. Be an individual: 260
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(i) Licensed under chapter 327 and practicing in this 261
state as an architect or a professional engineer with at 262
least ten years of experience in the individual's trade; or 263
(ii) Certified as a building official or master code 264
professional with at least five years of supervisory 265
experience as a jurisdictional code official; 266
(d) To maintain the Missouri building codes in 267
conjunction with the state fire marshal and the state codes 268
manager; and 269
(e) To provide technical assistance to any authority 270
having jurisdiction that has adopted the Missouri building 271
codes in interpreting the Missouri building codes and 272
resolving any conflict resulting from any enforcement action 273
under this section. 274
8. (1) The Missouri building codes commission shall 275
establish fees to be charged for the issuance and renewal of 276
any construction permits, occupancy permits, or reoccupancy 277
permits issued by any agency or political subdivision of 278
this state. 279
(2) In addition to the fees established under 280
subdivision (1) of this subsection, the Missouri building 281
codes commission shall charge fees for issuance and renewal 282
of permits, as described in this subsection, by any agency 283
or political subdivision of the state authorizing work 284
governed by codes within the purview of the commission, not 285
to exceed seven dollars adjusted annually by the commission 286
based on the rate of inflation according to the Consumer 287
Price Index for All Urban Consumers for the United States as 288
reported by the Bureau of Labor Statistics, or its successor 289
index. 290
(3) The fees specified in this subsection shall be 291
collected by the agency or political subdivision issuing the 292
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applicable permits, and the fees charged under subdivision 293
(2) of this subsection shall be remitted to the state 294
treasury at least monthly to be deposited in the Missouri 295
building codes fund. 296
(4) Nothing in this section shall prohibit the 297
Missouri building codes commission from offering incentives 298
for prompt payment or remittance of the fees specified in 299
this subsection. 300
9. (1) There is hereby created in the state treasury 301
the "Missouri Building Codes Fund", which shall consist of 302
fees collected under this section, appropriations by the 303
general assembly, and grants. The state fire marshal shall 304
administer the fund. The state treasurer shall be custodian 305
of the fund. In accordance with sections 30.170 and 30.180, 306
the state treasurer may approve disbursements. The fund 307
shall be a dedicated fund and, upon appropriation, moneys in 308
this fund shall be used solely as provided in this section. 309
(2) Notwithstanding the provisions of section 33.080 310
to the contrary, any moneys remaining in the fund at the end 311
of the biennium shall not revert to the credit of the 312
general revenue fund. 313
(3) The state treasurer shall invest moneys in the 314
fund in the same manner as other funds are invested. Any 315
interest and moneys earned on such investments shall be 316
credited to the fund. 317
10. The Missouri building codes commission may apply 318
for and receive grants consistent with the purposes of this 319
section. All such funds and grants shall be used or 320
expended in accordance with the provisions of this section 321
and may be used or expended for the preservation, 322
improvement, and expansion of, and intergovernmental 323
agreements between jurisdictions related to, improved 324
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accessibility to jurisdictions to help fund training 325
programs for building inspectors through associations that 326
provide such training, purchasing code books for political 327
subdivisions, the operation of the office of the state code 328
manager within the department of commerce and insurance, and 329
operation of the Missouri building codes commission. 330
11. Except for the state fire code, the Missouri 331
building codes shall be administered by the state codes 332
manager with the advice and consent of the department of 333
commerce and insurance. The state codes manager shall 334
review, maintain, and, in conjunction with the Missouri 335
building codes commission, amend the Missouri building 336
codes. The state codes manager shall review the codes every 337
other three-year cycle but no less than every six years and 338
within eighteen months from the date of publication of any 339
subsequent edition of the international codes. The state 340
fire code shall be reviewed, maintained, and amended by the 341
state fire marshal. The Missouri building codes commission 342
shall hold public hearings in accordance with chapter 610 as 343
part of the process of adopting or amending codes. 344
Authorities having jurisdiction that have adopted the 345
Missouri building codes shall have an additional twelve 346
months to adopt any amendments to the Missouri building 347
codes as provided by the Missouri building codes 348
commission. If, in the determination of the Missouri 349
building codes commission, a technical update is required, 350
the commission may make necessary revisions outside of the 351
normal approved cycle. 352
12. The state codes manager and state fire marshal 353
shall not be responsible for enforcing the state building 354
codes in an authority having jurisdiction. Each authority 355
having jurisdiction shall provide enforcement in the manner 356
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listed in each building code or may provide enforcement in 357
one of the following methods: 358
(1) Inspection services provided by employees of the 359
authority having jurisdiction; 360
(2) Intergovernmental agreements between authorities 361
having jurisdiction; or 362
(3) Inspectors who are registered with the Missouri 363
building codes commission. 364
13. (1) No agricultural building shall be subject to 365
any Missouri building codes adopted under this section. 366
(2) Any person owning, residing and working at, or 367
employed at any agricultural building used solely for 368
agricultural purposes shall be exempt from the provisions 369
adopted under this section as such provisions pertain to any 370
improvements, additions, or alterations of the agricultural 371
building. 372
(3) The exemption provided in subdivision (2) of this 373
subsection shall not apply to improvements, additions, or 374
alterations that repurpose the agricultural building for 375
nonagricultural purposes. 376
14. Resolution of a conflict resulting from an 377
enforcement action under this section shall be the 378
responsibility of the authority having jurisdiction that 379
adopts the Missouri building codes. 380
15. Notwithstanding any other provision of law to the 381
contrary, this section shall apply in the case of a conflict 382
between this section and any other provision of state law. 383
16. The Missouri building codes commission, the state 384
codes manager, and the state fire marshal may promulgate all 385
necessary rules and regulations for the administration of 386
this section. Any rule or portion of a rule, as that term 387
is defined in section 536.010, that is created under the 388
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authority delegated in this section shall become effective 389
only if it complies with and is subject to all of the 390
provisions of chapter 536 and, if applicable, section 391
536.028. This section and chapter 536 are nonseverable and 392
if any of the powers vested with the general assembly 393
pursuant to chapter 536 to review, to delay the effective 394
date, or to disapprove and annul a rule are subsequently 395
held unconstitutional, then the grant of rulemaking 396
authority and any rule proposed or adopted after the 397
effective date of this act shall be invalid and void. 398
67.283. 1. A jurisdiction that adopts the Missouri 1
building codes established under section 67.280 that also 2
requires residential reoccupancy inspections on a property 3
located within such jurisdiction when there is a change in 4
ownership, tenants, or occupants shall use an appropriate 5
residential reoccupancy inspection checklist established 6
under this section with the guidance of the Missouri 7
building codes commission established in section 67.280. 8
2. (1) There is hereby established a "Residential 9
Reoccupancy Inspections Committee" of the Missouri building 10
codes commission to create standardized residential 11
reoccupancy inspection checklists. The members of such 12
committee shall be residents of Missouri and appointed by 13
the Missouri building codes commission. The committee shall 14
consist of the following members: 15
(a) Two real estate licensees with at least five years 16
of experience working with clients to help such clients 17
purchase or sell real property; 18
(b) Two building code officials with at least five 19
years of experience as a building code official; 20
(c) One property manager with at least five years of 21
experience as a property manager; 22
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(d) One fire marshal with at least five years of 23
experience as a fire marshal; and 24
(e) One local municipal or county elected official 25
with at least five years of experience as an elected 26
official. 27
(2) Of the initial members appointed, two shall serve 28
a term of one year, two shall serve a term of two years, two 29
shall serve a term of three years, and one shall serve a 30
term of four years. A member appointed after the expiration 31
of the initial term shall be appointed to a four-year term. 32
A vacancy shall be filled in the same manner in which the 33
member vacating the office was originally appointed. 34
Members shall not receive compensation for services rendered 35
but may be reimbursed for actual and necessary expenses in 36
an amount equal to the per diem of a member of the general 37
assembly. The residential reoccupancy inspection committee 38
shall elect officers necessary for its membership at each 39
first annual meeting and shall meet at least two times per 40
year within the state. The Missouri building codes 41
commission shall provide necessary clerical, research, 42
fiscal, and legal services to the committee, as the 43
committee may request. 44
(3) With the advice and consent of the Missouri 45
building codes commission, the residential reoccupancy 46
inspection committee shall create a limited number of 47
residential reoccupancy inspection checklists that include 48
external and internal checklists for single-family and 49
multifamily properties existing in urban, suburban, or rural 50
areas. 51
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