Bill Summary – FastDemocracy

SECOND REGULAR SESSION
                        HOUSE BILL NO. 1796
                               103RD GENERAL ASSEMBLY


                               INTRODUCED BY REPRESENTATIVE MURPHY.

     5300H.01I                                                                    JOSEPH ENGLER, Chief Clerk


                                                AN ACT
     To repeal sections 67.280, 436.345, 442.404, 534.602, 534.604, and 569.200, RSMo, and to
            enact in lieu thereof seven new sections relating to property rights, with penalty
            provisions.


     Be it enacted by the General Assembly of the state of Missouri, as follows:

             Section A. Sections 67.280, 436.345, 442.404, 534.602, 534.604, and 569.200,
 RSMo, are repealed and seven new sections enacted in lieu thereof, to be known as sections
 67.280, 67.488, 436.345, 442.404, 534.602, 534.604, and 569.200, to read as follows:
             67.280. 1. As used in this section, the following terms mean:
         (1) "Code", any published compilation of rules prepared by various technical trade
 associations, federal agencies, this state or any agency thereof, but shall be limited to:
 regulations concerning the construction of buildings and continued occupancy thereof;
 mechanical, plumbing, and electrical construction; and fire prevention;
         (2) "Community", any county, fire protection district or municipality;
         (3) "County", any county in the state;
         (4) "Fire protection district", any fire protection district in the state;
         (5) "Municipality", any incorporated city, town or village.
         2. Any community, if the community otherwise has the power under the law to adopt
 such an ordinance, may adopt or repeal an ordinance which incorporates by reference the
 provisions of any code or portions of any code, or any amendment thereof, properly identified
 as to date and source, without setting forth the provisions of such code in full. At least one
 copy of such code, portion or amendment which is incorporated or adopted by reference, shall
 be filed in the office of the clerk of the community and there kept available for public use,

     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.
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 inspection, and examination. The filing requirements herein prescribed shall not be deemed
 to be complied with unless the required copies of such codes, portion, or amendment or public
 record are filed with the clerk of such community for a period of ninety days prior to the
 adoption of the ordinance which incorporates such code, portion, or amendment by reference.
         3. Any ordinance adopting a code, portion, or amendment by reference shall state the
 penalty for violating such code, portion, or amendment, or any provisions thereof separately,
 and no part of any such penalty shall be incorporated by reference.
         4. (1) Notwithstanding any other provision of law to the contrary, no county or
 municipality shall enact, adopt, or maintain any ordinance, resolution, regulation, code,
 or policy that mandates an owner, builder, or developer to implement green or otherwise
 excessive building design and construction practices that threaten affordability in the
 construction, maintenance, repair, or renovation of one- or two-family dwellings,
 condominiums, or multiunit townhouses including, but not limited to:
         (a) Sustainable building standards or features;
         (b) High-performance standards or features;
         (c) Energy efficiency standards or features;
         (d) Environmentally responsive standards or features;
         (e) Standards or features exceeding standards or features defined in the 2009
 International Residential Code (IRC); or
         (f) Standards established in the 2009 International Energy Conservation Code
 (IECC).
         (2) An ordinance, resolution, regulation, code, or policy enacted, adopted, or
 maintained in violation of this subsection shall be null and void.
             67.488. 1. This section shall be known and may be cited as the "Building Permit
 Reform Act".
         2. For purposes of this section, the term "exempt homeowner" means a resident,
 noncorporate owner of a detached, single-family residence.
         3. (1) No political subdivision shall require an exempt homeowner to obtain any
 license, certification, or professional registration or submit to any examination or testing
 as a condition of applying for or using a building or construction permit, provided all
 work is performed by the owner or other current resident.
         (2) If an exempt homeowner transfers ownership of the property within one year
 of completing any work performed under the provisions of this subsection, the relevant
 political subdivision is permitted to assess a one-time administrative fee in an amount
 not to exceed five thousand dollars. The homeowner shall be informed of this potential
 administrative fee at the time of permit application.
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         (3) Nothing in this subsection shall be construed to prohibit the enforcement of
 any applicable building codes or relevant inspections as otherwise required by
 ordinance or law.
         (4) Nothing in this subsection shall be construed to prohibit an owner from
 hiring a contractor otherwise authorized by law to perform work on behalf of the owner.
         (5) The provisions of this subsection shall not apply to:
         (a) Any structure being rented, leased, subleased, or otherwise occupied outside
 of the owner's principal residence;
         (b) Any gas appliance installation or repair or any work that requires the
 installation or modification of any device or delivery system that utilizes a combustible
 fuel source; or
         (c) The act of making a direct connection to publicly provided water or sewer
 service, or the modification to such existing connections at the point of service.
         4. No political subdivision shall require any permit, license, variance, or other
 type of prior approval for an exempt homeowner to perform any of the following
 activities, provided all work is performed by the owner or other current resident:
         (1) Replacing an existing electric appliance with a substantially similar one,
 provided no major additions or modifications to existing building wiring are performed;
         (2) Replacing an existing sink, faucet, or dishwasher, provided no major
 modifications to existing building plumbing are performed;
         (3) Repairing, replacing, or installing gypsum board, plaster, or any other
 nonstructural interior wall covering or cladding; and
         (4) Repairing, replacing, or installing carpet, tile, vinyl, or other floor coverings.
         5. Any political subdivision that fails to perform an inspection under a permit
 within ten business days of a request made by an exempt homeowner shall refund fifty
 percent of any charges assessed for the permit. If the inspection is not performed within
 twenty business days from the initial request, the political subdivision shall waive the
 inspection requirements and allow the exempt homeowner to proceed as if the exempt
 homeowner had passed the inspection.
         6. No exempt homeowner shall be charged a fee to extend or renew an expiring
 building or construction permit, provided the permit is not allowed to expire prior to
 renewal. No limit shall be placed on the number of extensions or renewals of permits
 issued to exempt homeowners unless the work being performed is visible from
 neighboring properties or adjacent streets. Nothing in this subsection shall be construed
 to prohibit a political subdivision from requiring job sites with uncompleted work to be
 maintained in a state that does not pose an imminent threat to public health or safety.
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         7. No exempt homeowner shall be assessed a fine or fee for work done without a
 permit in an amount greater than double the charge that would have been assessed if the
 permit had been issued at the time the unpermitted work was discovered.
         8. No exempt homeowner shall be required to destroy, remove, or substantially
 alter any structure or part of a structure upon which work was previously done without
 permits unless the political subdivision having jurisdiction can demonstrate through
 photographic or similar objective evidence that the work performed did not meet
 applicable building codes or safety standards in place at the time the work was
 performed.
         9. (1) No political subdivision shall issue a stop-work order, citation, penalty, or
 requirement for remediation for any ordinance or building code violation discovered
 during an inspection if the violation found is outside the scope of work that was
 requested to be inspected.
         (2) Nothing in this subsection shall be interpreted to prohibit the production of a
 report detailing such violations found, provided the report is provided directly to the
 homeowner for informational purposes only and is not retained or otherwise utilized or
 distributed by the political subdivision or its agents.
         10. Any exempt homeowner who applies for any building or construction permit
 and subsequently fails an inspection performed pursuant to such permit shall be
 informed in writing as to the reasons the inspection was deemed a failure and the actions
 required to be taken to pass a follow-up inspection.
         11. No exempt homeowner shall be assessed a charge to reinspect previously
 inspected work for an amount that exceeds the cost of the initial permit or inspection
 unless a period of over ninety days has elapsed since the original inspection.
         12. If the state or any of its political subdivisions enacts a statute, ordinance, or
 administrative rule that incorporates by reference any third-party standard or code
 otherwise subject to copyright protection, the state or political subdivision responsible
 for the statute, ordinance, or administrative rule shall provide, upon request and free of
 charge in a digital or physical format, the third-party standard or code incorporated by
 reference. Access to a physical format in a temporary or time-limited manner is
 sufficient to meet the requirements of this subsection, provided that a physical copy may
 remain in the possession of the requester until the completion of any currently permitted
 work. The state or political subdivision shall pay all costs associated with providing the
 third-party standard or code, except that the state or political subdivision may
 alternatively declare by executive or administrative act that the provisions of the
 standard or code incorporated by reference shall be repealed and not enforced until
 such repeal is achieved.
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         13. Notwithstanding any other provision of law to the contrary, no agent of a
 political subdivision shall have the authority to enter into a private residence for the
 purpose of performing a safety inspection or investigation into municipal or code
 violations without first securing permission from the property owner or the owner's
 designee or a warrant from a court of competent jurisdiction.
         14. Nothing in this section shall be construed to require any political subdivision
 to enact any building codes or standards where none currently exist.
             436.345. 1. Notwithstanding any other provision of law to the contrary, no political
 subdivision shall require a property owner to have a home inspection conducted of a
 residential property prior to the sale of the property.
         2. This [provision] section shall not apply to any inspection requirement of new
 construction or occupancy permits.
             442.404. 1. As used in this section, the following terms shall mean:
         (1) "Homeowners' association", a nonprofit corporation or unincorporated association
 of homeowners created under a declaration to own and operate portions of a planned
 community or other residential subdivision that has the power under the declaration to assess
 association members to pay the costs and expenses incurred in the performance of the
 association's obligations under the declaration or tenants-in-common with respect to the
 ownership of common ground or amenities of a planned community or other residential
 subdivision. This term shall not include a condominium unit owners' association as defined
 and provided for in subdivision (3) of section 448.1-103 or a residential cooperative;
         (2) "Political signs", any fixed, ground-mounted display in support of or in opposition
 to a person seeking elected office or a ballot measure excluding any materials that may be
 attached;
         (3) "Solar panel or solar collector", a device used to collect and convert solar energy
 into electricity or thermal energy[,] including, but not limited to, photovoltaic cells or panels,
 or solar thermal systems.
         2. (1) No deed restrictions, covenants, or similar binding agreements running with
 the land shall prohibit or have the effect of prohibiting the display of political signs.
         (2) A homeowners' association has the authority to adopt reasonable rules, subject to
 any applicable statutes or ordinances, regarding the time, size, place, number, and manner of
 display of political signs.
         (3) (a) A homeowners' association may remove a political sign without liability if
 such sign:
         a. Is placed within the common ground[,];
         b. Threatens the public health or safety[,];
         c. Violates an applicable statute or ordinance[,];
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         d. Is accompanied by sound or music[,]; or
         e. If any other materials are attached to the political sign.
         (b) Subject to [the foregoing] paragraph (a) of this subdivision, a homeowners'
 association shall not remove a political sign from the property of a homeowner or impose any
 fine or penalty upon the homeowner unless it has given such homeowner three days after
 providing written notice to the homeowner, which notice shall specifically identify the rule
 and the nature of the violation.
         3. (1) No deed restrictions, covenants, or similar binding agreements running with
 the land shall limit or prohibit, or have the effect of limiting or prohibiting, the installation of
 solar panels or solar collectors on the rooftop of any property or structure.
         (2) A homeowners' association may adopt reasonable rules, subject to any applicable
 statutes or ordinances, regarding the placement of solar panels or solar collectors to the extent
 that those rules do not:
         (a) Prevent the installation of the device[,];
         (b) Impair the functioning of the device[,];
         (c) Restrict the use of the device[,]; or
         (d) Adversely affect the cost or efficiency of the device.
         (3) The provisions of this subsection shall apply only with regard to rooftops that are
 owned, controlled, and maintained by the owner of the individual property or structure.
         4. (1) No deed restrictions, covenants, or similar binding agreements running with
 the land shall prohibit or have the effect of prohibiting the display of sale signs on the
 property of a homeowner or property owner including, but not limited to, any yard on the
 property, or nearby street corners.
         (2) A homeowners' association has the authority to adopt reasonable rules, subject to
 any applicable statutes or ordinances, regarding the time, size, place, number, and manner of
 display of sale signs.
         (3) (a) A homeowners' association may remove a sale sign without liability if such
 sign:
         a. Is placed within the common ground[,];
         b. Threatens the public health or safety[,];
         c. Violates an applicable statute or ordinance[,];
         d. Is accompanied by sound or music[,]; or
         e. If any other materials are attached to the sale sign.
         (b) Subject to [the foregoing] paragraph (a) of this subdivision, a homeowners'
 association shall not remove a sale sign from the property of a homeowner or property owner
 or impose any fine or penalty upon the homeowner or property owner unless it has given such
 homeowner or property owner three business days after the homeowner or property owner
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 receives written notice from the homeowners' association, which notice shall specifically
 identify the rule and the nature of the alleged violation.
         5. (1) No deed restrictions, covenants, or similar binding agreements running with
 the land shall prohibit or have the effect of prohibiting ownership or pasturing of up to six
 chickens on a lot that is two-tenths of an acre or larger, including prohibitions against a single
 chicken coop designed to accommodate up to six chickens.
         (2) A homeowners' association may adopt reasonable rules, subject to applicable
 statutes or ordinances, regarding ownership or pasturing of chickens, including a prohibition
 or restriction on ownership or pasturing of roosters.
             534.602. 1. For purposes of this section, the following terms mean:
         (1) "Petitioner", the property owner, or an authorized agent of a property owner, of
 property containing a residential dwelling who has filed a verified petition under the
 provisions of this section;
         (2) "Respondent", the person or persons unlawfully occupying property containing a
 residential dwelling, against whom a verified petition has been filed;
         (3) "Unlawful occupant" or "unlawful occupants", any person or persons who detain,
 occupy, or trespass on property containing a residential dwelling without the permission of
 the property owner, who otherwise have no legal right to occupy the property under state law,
 and who are not afforded any protections provided to a tenant under state law.
         2. Notwithstanding any provision of this chapter to the contrary, a property owner or
 [his or her] such owner's authorized agent may seek relief for the removal of a person or
 persons unlawfully occupying property containing a residential dwelling under this section by
 filing a verified petition in the county or city not within a county where the property is
 located.
         3. Except as provided in subsection 6 of this section, clerks of the court under the
 supervision of a circuit clerk shall explain to the property owner or [his or her] such owner's
 authorized agent not represented by counsel the procedures for filing all forms and pleadings
 necessary for the presentation of [his or her] such own