HOUSE BILL NO. 1256 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE MURPHY.
0574H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To amend chapter 67, RSMo, by adding thereto one new section relating to building permit applications.
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 67.492, to read as follows: 67.492. 1. As used in this section, the following terms mean: 2 (1) "Level 1 building permit", a permit to perform construction, maintenance, 3 repairs, or replacements related to the following categories: 4 (a) A building structure with less than seven thousand five hundred square feet 5 that is a residential unit, whether a single-family residential unit or a single-family 6 residential dwelling; 7 (b) An accessory structure; 8 (c) Alarms; 9 (d) Electrical; 10 (e) Irrigation; 11 (f) Landscaping; 12 (g) Mechanical; 13 (h) Plumbing; or 14 (i) Roofing; 15 (2) "Level 2 building permit", a permit to perform construction, maintenance, 16 repairs, or replacements related to the following categories:
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. HB 1256 2
17 (a) A building structure with at least seven thousand five hundred square feet 18 that is a residential unit, whether a single-family residential unit or a single-family 19 residential dwelling; 20 (b) An accessory structure; 21 (c) Alarms; 22 (d) Electrical; 23 (e) Irrigation; 24 (f) Landscaping; 25 (g) Mechanical; 26 (h) Plumbing; or 27 (i) Roofing; 28 (3) "Level 3 building permit", a permit to perform construction, maintenance, 29 repairs, or replacements related to signs or nonresidential buildings with less than 30 twenty-five thousand square feet; 31 (4) "Level 4 building permit", a permit to perform construction, maintenance, 32 repairs, or replacements related to the following categories: 33 (a) Multifamily residential property not exceeding fifty units; 34 (b) Site-plan approvals and subdivision plats not requiring a public hearing or 35 public notice; or 36 (c) Lot grading and site alteration; 37 (5) "Level 5 building permit", a site-specific building permit obtained under a 38 building permit intended for use by builders who expect to construct identical single- 39 family or two-family dwellings or townhomes on a repetitive basis; 40 (6) "Level 6 building permit", a single-family residential dwelling permit 41 applied for by a contractor licensed in this state on behalf of a property owner who 42 participates in a federal Community Development Block Grant disaster recovery 43 (CDBG-DR) appropriation within this state. 44 2. (1) A political subdivision with authority to grant a building permit under 45 state law or local orders or ordinances shall approve, approve with conditions, or deny a 46 building permit application within the following deadlines after receipt of a completed 47 and sufficient application: 48 (a) For a level 1 building permit, thirty business days; 49 (b) For a level 2, level 3, or level 4 building permit, sixty business days; 50 (c) For a level 5 building permit, twelve business days; and 51 (d) For a level 6 building permit, ten business days, unless the permit application 52 fails to satisfy state law or local orders or ordinances relating to single-family residential 53 dwelling construction, maintenance, repairs, or replacements. HB 1256 3
54 (2) A deadline listed in subdivision (1) of this subsection shall not apply if the 55 building permit applicant waives the deadline in writing. 56 (3) No political subdivision shall require the waiver of the deadlines in this 57 subsection as a condition precedent to reviewing an applicant's building permit 58 application. 59 3. A political subdivision shall meet the deadlines described in this section for 60 reviewing building permit applications unless the deadlines set by local orders or 61 ordinances are more stringent than the deadlines required in this section. 62 4. (1) After a building permit applicant submits an application to a political 63 subdivision, the political subdivision shall provide written notice to the applicant within 64 five business days after receipt of the application advising the applicant what 65 information, if any, is needed to deem or determine that the application is properly 66 completed in compliance with the filing requirements published by the political 67 subdivision. 68 (2) If the political subdivision does not provide timely written notice that the 69 applicant has not submitted the properly completed application, the application shall be 70 automatically deemed or determined to be properly completed and accepted. 71 5. A political subdivision shall maintain on the political subdivision's website a 72 policy containing procedures and expectations for expedited processing of building 73 permits and development orders required by law to be expedited. 74 6. (1) If a political subdivision fails to meet a deadline established under this 75 section, the political subdivision shall reduce the building permit fee by ten percent for 76 each business day that the political subdivision fails to meet the deadline. 77 (2) Each ten-percent reduction shall be based on the original amount of the 78 building permit fee. 79 (3) No reduction of the fee shall occur under subdivision (1) of this subsection if: 80 (a) The political subdivision and the building permit applicant agree, in writing, 81 to a reasonable extension of time; or 82 (b) The delay is caused by the applicant. 83 (4) (a) No political subdivision shall be required to reduce the building permit 84 fee if the political subdivision provides written notice to the applicant by email or United 85 States Postal Service within the respective deadlines established under this section that 86 specifically states the reasons the permit application fails to satisfy state law or local 87 orders or ordinances. 88 (b) The written notice shall state that the applicant has ten business days after 89 receiving the written notice to submit revisions to correct the permit application and HB 1256 4
90 that failure to correct the application within ten business days will result in a denial of 91 the application. 92 (c) If the applicant submits revisions within ten business days after receiving the 93 written notice, the political subdivision shall have ten business days after receiving the 94 revisions to approve or deny the building permit unless the applicant agrees, in writing, 95 to a longer period. 96 (d) If the political subdivision fails to issue or deny the building permit within 97 ten business days after receiving the revisions, the political subdivision shall reduce the 98 building permit fee by twenty percent for each business day that the political 99 subdivision fails to meet the deadline unless the applicant agrees, in writing, to a longer 100 period. 101 7. If a political subdivision refunds a building permit fee under this section, the 102 political subdivision shall recalculate any surcharge related to the permit and fee 103 collected by the political subdivision. The recalculation shall be based on the amount of 104 the building permit fees after the refund. 105 8. (1) As used in this subsection, "rebuilding area" means an area that has been 106 destroyed by a natural disaster that results in the governor proclaiming a state of 107 emergency for such area as provided in chapter 44. 108 (2) If a contractor is performing construction, maintenance, repairs, or 109 replacements in a rebuilding area and such construction, maintenance, repairs, or 110 replacements would require any level of building permit defined in subsection 1 of this 111 section, the contractor may begin such construction, maintenance, repairs, or 112 replacements in such rebuilding area without a permit as required under this section. 113 (3) This subsection shall not be construed to exempt such construction, 114 maintenance, repairs, or replacements in a rebuilding area from any other existing state 115 law or rule or a local order or ordinance related to safety requirements for such 116 construction, maintenance, repairs, or replacements. ✔
Statutes affected: