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State of Missouri project -- no city, local, or state code adopted

kurt999

kurt999

Member
Joined
Jan 15, 2014
Messages
8
Location
Iowa
Need some advice. Possible Missouri high school building addition project. Small town, and as my thread title states, no building code has been adopted at the local or county level. And, as I understand it, Missouri has no adopted state building code. What's the protocol here?
Most or all of my previous experience has been in states with an adopted state building code, so in very small towns or rural areas we've typically reverted to the state codes where none have been locally adopted.
Of course, many questions have come up -- such as ICC 500 requirements, etc.
It's also interesting to me that some of the small Missouri towns have a building official/inspector -- no idea how that job is done without a code as basis for decisions?

Also, I found the following passage on both the "upcodes" and "icc" websites -- but I cannot find the referenced section on the Missouri state website.
NOTICE: The Code of Professional Conduct states that the 2018 edition of the International Building Code will be used as the evaluation criteria in determining the appropriate conduct for any professional licensed or regulated by the chapter and being evaluated under section 327.441.2(5), RSMo, if no building code is adopted by the local jurisdiction.
In any case, some I'd really appreciate some direction from any of you folks with some expertise to input.
 
Hard to believe there is nothing to go on. Shirley there is a board of education and/or other regulating authority. Check with the local FD, they likely have something adopted and many times are the "AHJ" in the absence of a building department. I would also be looking to the school's original plans, and check other schools in the area. Check with the state board of architects and engineers (they have one).
 
Over 30% of Missouri's state budget comes from federal aid, over $10B worth so chances are that some of the funds for this school project, if not the majority, are coming from Uncle Sam who has rules and regulations for its use. ADA will certainly require compliance, but state and local cronies will still do whatever they want to. Good luck with this one. At the end of the day the engineering and architectural firms will be buying a lot of liability on this one. No code=no permits. Is it in a flood zone? Then things change for sure.
 
IV. Municipal Building Codes​


As a political subdivision of the state, school districts are only required to comply with a limited number of municipal building codes. Since 1957, Missouri courts have generally held that a city’s authority cannot extend to restrict or limit the use of public property for public purposes. Nonetheless, the courts have recognized a limited right of cities, in the exercise of the police power of the State, to regulate certain aspects of the operation of public school facilities. Municipalities may only enforce regulations that bear a substantial and rational relation to the promotion of public health, safety and general welfare. For example, all school buildings must comply with the local fire code because, as one court stated, it is clear “that the legislature has subjugated the school district’s general power to construct buildings to the fire district’s specific power to regulate the construction of buildings in the furtherance of fire prevention.” See Cmty. Fire Prot. Dist. of St. Louis County v. Bd. of Ed. of Pattonville Consol. Sch. Dist. R-3, 315 S.W.2d 873, 877 (Mo. Ct. App. 1958). Thus, administrators that are overseeing construction projects need only be familiar with those building codes that are meant to protect the community.

Other regulations, such as those that regulate aesthetics or the architectural design of buildings, have no bearing on school officials. For instance, a local ordinance that prohibits a school from maintaining a modular unit because of its height would not be upheld by a court against a school district. See Normandy Sch. Dist. V. City of Pasadena Hills, 70 S.W.3d 488 (2002). Moreover, without express statutory authority, cities cannot lawfully restrict a school district from selecting, locating and procuring sites for public schools. If a school wants to purchase property to build a new school facility, there is little the city can do to stop it. School officials are generally not restrained by local zoning laws. Therefore, unless a regulation is in place to defend the public health, school districts are free to make their own choices about the location and design of their school facilities.

© 2012 Mickes Goldman O’Toole, LLC
 
There was a push from a Missouri ICC chapter about 15 years ago wanting the State to adopt a minimum code at that time, I believe they were trying to get the 2003 building code adopted as a minimum. Most city's were on the 2003, 2006 and the 2009 code was being developed. That chapter had a State Representative they were talking too but I never heard the outcome? Guess nothing materialized.

The State of Missouri did pass something on: NOT requiring a residential home to have a fire sprinkler system however the contractors were required to ask their customer if they wanted sprinkler system protection and if they declined the builder could move forward with the build. Some municipality's adopting the newer code years would amend and remove the sprinkler requirement, however It didn't prevent anyone from having a sprinkler system if they wanted one. I never heard the insurance side of that, there was talk that a sprinkler system would cause more damage after a discharge, not sure if the insurance company's were fully on board or not with the requirement.

One developer had asked if he installed fire sprinkler systems in all his builds if he could forego installing fire hydrants in his subdivision, guess he calculated the cost and found he could save so bucks?

It's all about the benji's!
 
SCBO1 said:
There was a push from a Missouri ICC chapter about 15 years ago wanting the State to adopt a minimum code at that time, I believe they were trying to get the 2003 building code adopted as a minimum. Most city's were on the 2003, 2006 and the 2009 code was being developed. That chapter had a State Representative they were talking too but I never heard the outcome? Guess nothing materialized.

The State of Missouri did pass something on: NOT requiring a residential home to have a fire sprinkler system however the contractors were required to ask their customer if they wanted sprinkler system protection and if they declined the builder could move forward with the build. Some municipality's adopting the newer code years would amend and remove the sprinkler requirement, however It didn't prevent anyone from having a sprinkler system if they wanted one. I never heard the insurance side of that, there was talk that a sprinkler system would cause more damage after a discharge, not sure if the insurance company's were fully on board or not with the requirement.

One developer had asked if he installed fire sprinkler systems in all his builds if he could forego installing fire hydrants in his subdivision, guess he calculated the cost and found he could save so bucks?

It's all about the benji's!
Click to expand...
yes nothing cam of it, and yes they are supposed to ask if they want them but I would be surprised if they actuly do this.
 
kurt999 said:
Need some advice. Possible Missouri high school building addition project. Small town, and as my thread title states, no building code has been adopted at the local or county level. And, as I understand it, Missouri has no adopted state building code. What's the protocol here?
Most or all of my previous experience has been in states with an adopted state building code, so in very small towns or rural areas we've typically reverted to the state codes where none have been locally adopted.
Of course, many questions have come up -- such as ICC 500 requirements, etc.
It's also interesting to me that some of the small Missouri towns have a building official/inspector -- no idea how that job is done without a code as basis for decisions?

Also, I found the following passage on both the "upcodes" and "icc" websites -- but I cannot find the referenced section on the Missouri state website.
NOTICE: The Code of Professional Conduct states that the 2018 edition of the International Building Code will be used as the evaluation criteria in determining the appropriate conduct for any professional licensed or regulated by the chapter and being evaluated under section 327.441.2(5), RSMo, if no building code is adopted by the local jurisdiction.
In any case, some I'd really appreciate some direction from any of you folks with some expertise to input.
Click to expand...
Are you the architect or the contractor? If you're the contractor, you should rely on the plans/specifications, which should dictate which code is being used. If you're the architect, I recommend going with the latest IBC (2021).
 
Thanks all for the input.

I did find the default code to be IBC 2018 -- per the state professional licensing laws:

APPLICABLE BUILDING CODES
In the absence of adopted building codes at the city, county, and state levels, the State of Missouri requires the following via the Code of State Regulations for design professionals:

“20 CSR 2030-2.040 Evaluation Criteria for Building Design
(1) For building design, the board shall use, in the absence of any local building code, the 2018 edition of the International Building Code, as the evaluation criteria in determining the appropriate conduct for any professional licensed or regulated by this chapter and being evaluated under section 327.441.2(5), RSMo. The International Building Code 2018 Edition is incorporated herein by reference and may be obtained by contacting the International Code Council at 500 New Jersey Ave NW, 6th Floor, Washington, DC 20001, by phone at (888) ICCSAFE (422-7233), by fax at (202) 783-2348, or by their direct website at http://www.iccsafe.org. This rule does not incorporate any subsequent amendments or additions to the manual.”
 
My sense is that some individuals have a hard time accepting that there may be no building code.

When there is no building code we are still guided by civil law.

In the context of civil law the contractor must comply with the requirements of his contract. In preparing the construction documents the architect and engineers will be guided by industry standards
 
Mark K said:
My sense is that some individuals have a hard time accepting that there may be no building code.

When there is no building code we are still guided by civil law.

In the context of civil law the contractor must comply with the requirements of his contract. In preparing the construction documents the architect and engineers will be guided by industry standards
Click to expand...
Mark — read my last post. In this case, per state law, it’s the IBC 2018.
 
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