Missouri HB 2282: Establishes the "Building Permit Reform Act"

Bill Text

SECOND REGULAR SESSION
[PERFECTED]
HOUSE BILL NO. 2282
102ND GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE LOVASCO.
4938H.02P DANA RADEMAN MILLER, Chief Clerk
AN ACT
To amend chapter 67, RSMo, by adding thereto one new section relating to the building
permit reform act.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 67, RSMo, is amended by adding thereto one new section, to be
2 known as section 67.488, to read as follows:
67.488. 1. This section shall be known and may be cited as the "Building Permit
2 Reform Act".
3 2. Forpurposes ofthis section, theterm "exempt homeowner" meansa resident,
4 noncorporate owner of a detached, single-family residence.
5 3. (1) No political subdivision shall require an exempt homeowner to obtain any
6 license,certification,orprofessionalregistrationorsubmittoanyexaminationortesting
7 asacondition ofapplying fororutilizing a buildingorconstructionpermit,provided all
8 work is performed by the owner or other current resident.
9 (2) Ifanexempthomeownertransfersownershipofthepropertywithinoneyear
10 of completing any work performed under the provisions of this subsection, the relevant
11 political subdivision is permitted to assess a one-time administration fee in an amount
12 not to exceed five thousand dollars. The homeowner shall be informed of this potential
13 administration fee at the time of permit application.
14 (3) Nothing in this subsection shall be construed to prohibit the enforcement of
15 any applicable building codes or relevant inspections as otherwise required by
16 ordinance or law.
EXPLANATION — 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.

17 (4) Nothing in this subsection shall be construed to prohibit an owner from
18 hiringacontractorotherwiseauthorizedbylawtoperformworkonbehalfoftheowner.
19 (5) The provisions of this subsection shall not apply to:
20 (a) Any structure being rented, leased, subleased, or otherwise occupied outside
21 of the owner's principal residence;
22 (b) Any gas appliance installation or repair or any work that requires 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 direct connection to publicly provided water or sewer
26 service, or the modification to such existing connections at the point of service.
27 4. No political subdivision shall require any permit, license, variance, or other
28 type of prior approval for an exempt homeowner to perform any of the following
29 activities, provided all work is performed by the owner or other current resident:
30 (1) Replacing an existing electric appliance with a substantially similar one,
31 providednomajoradditionsormodificationstoexistingbuildingwiringareperformed;
32 (2) Replacing an existing sink, faucet, or dishwasher, provided no major
33 modifications to existing building plumbing are performed;
34 (3) Repairing, replacing, or installing gypsum board, plaster, or other
35 nonstructural interior wall covering or cladding; and
36 (4) Repairing, replacing, or installing carpet, tile, vinyl, or other floor coverings.
37 5. Any political subdivision that fails to perform an inspection pursuant to a
38 permit within ten business days of a request made by an exempt homeowner shall
39 refund fifty percent of any charges assessed for the permit. If the inspection is not
40 performed within twenty business days from the initial request, the political subdivision
41 shall waive the inspection requirements and allow the exempt homeowner to proceed as
42 if the exempt homeowner had passed the inspection.
43 6. No exempt homeowner shall be charged a fee to extend or renew an expiring
44 building or construction permit, provided the permit is not allowed to expire prior to
45 renewal. No limit shall be placed on the number of extensions or renewals of permits
46 issued to exempt homeowners unless the work being performed is visible from
47 neighboringpropertiesoradjacentstreets. Nothinginthissubsectionshallbeconstrued
48 to prohibit a political subdivision from requiring job sites with uncompleted work to be
49 maintained in a state that does not pose an imminent threat to public health or safety.
50 7. No exempt homeowner shall be assessed a fine or fee for work done without a
51 permitinanamountgreaterthandoublethechargethatwouldhavebeenassessedifthe
52 permit had been issued at the time the unpermitted work was discovered.
HB 2282 2

53 8. No exempt homeowner shall be required to destroy, remove, or substantially
54 alter any structure or part of a structure upon which work was previously done without
55 permits unless the political subdivision having jurisdiction can demonstrate through
56 photographic or similar objective evidence that the work performed did not meet
57 applicable building codes or safety stand