EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
FIRST REGULAR SESSION
SENATE BILL NO. 743
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR BROWN (16).
2564S.02I 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Section A. Section 67.280, RSMo, is repealed and three 1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, 2025, 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 buil ding 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, dr ying, 7
or raising of agricultural commodities, including, but not 8
limited to, the raising of livestock; 9
(2) "Authority having jurisdiction", any county, fire 10
protection district, municipality, or other entity with the 11 SB 743 2
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 estab lished 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) Plumbing; and 36
(g) Residential. 37
(2) Such codes shall include model codes published by 38
the following entities: 39
(a) The International Association of Plumbing and 40
Mechanical Officials (IAPMO); 41
(b) The International Code Council (ICC); and 42
(c) The National Fire Protection Association (NFPA). 43 SB 743 3
(3) The Missouri building codes commission shall begin 44
implementation of the codes established under the provisions 45
of this section by August 28, 2027. 46
4. (1) Any [community, if the community otherwise has 47
the power under the law to adopt such an ordinance, ] 48
authority having jurisdiction may adopt or repeal an 49
ordinance [which] that incorporates by reference the 50
provisions of any code or portions of any code, or any 51
amendment thereof, properly identified as to date and 52
source, without setting forth the provisions of such code in 53
full. Upon adoption of such ordinance, all authorities 54
having jurisdiction may adopt and enforce the Missouri 55
building codes listed in this section by reference. Each 56
fire protection district that issues construction permits 57
and that adopts and enforces the Missouri building codes 58
shall follow applicable fire code requirements established 59
by law. 60
(2) At least one copy of such code, portion , or 61
amendment [which] that is incorporated or adopted by 62
reference[,] shall be filed in the office of the clerk of 63
the [community] authority having jurisdiction and there kept 64
available for public use, inspection, and exa mination. The 65
filing requirements herein prescribed shall not be deemed to 66
be complied with unless the required copies of such codes, 67
portion, or amendment or public record are filed with the 68
clerk of such [community] authority having jurisdiction for 69
a period of ninety days prior to the adoption of the 70
ordinance [which] that incorporates such code, portion, or 71
amendment by reference. 72
[3.] (3) Any ordinance adopting a code, portion, or 73
amendment by reference shall state the penalty for violat ing 74
such code, portion, or amendment, or any provisions thereof 75 SB 743 4
separately, and no part of any such penalty shall be 76
incorporated by reference. 77
(4) A copy of any code, portion, or amendment adopted 78
under the provisions of this subsection that is incorporated 79
by reference shall be provided to the state fire marshal and 80
Missouri building codes commission by the clerk of such 81
authority having jurisdiction. 82
(5) Such authority having jurisdiction shall publish 83
such code, portion, or amendment incorporated by reference 84
on the public website of the authority having jurisdiction 85
as required by the Missouri building codes commission. 86
5. Each authority having jurisdiction that has adopted 87
a building code prior to August 28, 2025, shall ado pt the 88
Missouri building codes established in this section. An 89
authority having jurisdiction that has adopted the Missouri 90
building codes prior to August 28, 2025, shall follow the 91
Missouri building codes as required by rule. An authority 92
having jurisdiction may adopt local amendments to the 93
Missouri building codes in accordance with this subsection. 94
(1) Each proposed local amendment shall be accompanied 95
by a statement of why the amendment is important to that 96
community. 97
(2) No local amendment shall be adopted or enforced 98
until the commission approves the amendment. 99
(3) In determining whether to approve or reject a 100
proposed local amendment, the commission shall consider 101
safety, health, local conditions, consistency with the 102
Missouri building codes, housing affordability, and energy 103
efficiency. 104
(4) A proposed local amendment, including, but not 105
limited to, adoption of other codes not covered by the 106
current Missouri building codes, shall be the same code year 107 SB 743 5
as the current Missouri building codes and shall be updated 108
or amended as described in this subsection. 109
6. An authority having jurisdiction that is located 110
within a county of the third or fourth classification and 111
that has not adopted a building code prior to August 28, 112
2025, may adopt a building code under subsection 4 of this 113
section by order or ordinance. No such order or ordinance 114
shall become effective unless the governing body of such 115
authority having jurisdiction submits to the qualified 116
voters of the authority having jurisdiction affected by such 117
proposed building code on any day available for elections 118
for the authority having jurisdiction a proposal to 119
authorize such authority having jurisdiction to adopt a 120
building code. 121
(1) The question submitted shall be in substantially 122
the following form: "Shall ______ (insert name of authority 123
having jurisdiction) have the authority to create, adopt, 124
and impose a building code?". 125
(2) If a majority of the votes cast on the question by 126
the qualified voters voting thereon are in favor of the 127
question, such order or ordinance adopting a building code 128
shall become effective on the first day of the second 129
calendar quarter following the calendar quarter in which the 130
election was held. If a majority of the votes cast on the 131
question by the qualified voters voting thereon are opposed 132
to the question, such order or ordinance adopting a building 133
code shall not become effective unless and until the 134
question is resubmitted to the qualified voters under this 135
subsection and such question is approved by a majority of 136
the qualified voters voting on the question. 137
7. (1) There is hereby created in the division of 138
fire safety within the Missouri department of public safety 139 SB 743 6
the "Missouri Building Codes Commission". The Missouri 140
building codes commission shall consist of the state fire 141
marshal, nine members appointed by the governor with the 142
advice and consent of the senate, and the state codes 143
manager appointed under this subsection. Members appointed 144
by the governor shall be as follows: 145
(a) One licensed architect appointed from panels 146
nominated by associations representing architects; 147
(b) One engineer appointed from panels nominated by 148
associations representing enginee rs or engineering 149
contractors; 150
(c) One building official appointed from panels 151
nominated by associations representing building officials; 152
(d) One fire marshal appointed from panels nominated 153
by associations representing fire marshals; 154
(e) One general contractor specializing in residential 155
construction, appointed from panels nominated by 156
associations representing home builders; 157
(f) One general contractor specializing in commercial 158
construction, appointed from panels nominated by 159
associations representing general contractors; 160
(g) One electrical contractor or master electrician, 161
appointed from panels nominated by associations or unions 162
representing electrical contractors or electricians; 163
(h) One mechanical contractor , master pipefitter, or 164
master mechanic, appointed from panels nominated by 165
associations or unions representing mechanical contractors, 166
pipefitters, or mechanics; and 167
(i) One plumbing contractor or master plumber, 168
appointed from panels nominated by associations or unions 169
representing plumbing contractors or plumbers. 170 SB 743 7
(2) Of the initial members appointed by the governor, 171
three shall serve an initial term of four years, three shall 172
serve an initial term of five years, three shall serve an 173
initial term of six years, and one shall serve an initial 174
term of seven years. A member appointed after the 175
expiration of the initial term shall serve a three -year 176
term. A vacancy shall be filled in the same manner in which 177
the member vacating the of fice was initially appointed. 178
Members shall not receive compensation for services rendered 179
but may be reimbursed for actual and necessary expenses in 180
an amount equal to the per diem of a member of the general 181
assembly. The Missouri building codes com mission shall 182
elect a chair and other officers necessary for its 183
membership at each first annual meeting and shall meet at 184
least two times per year within the state. The staff of the 185
Missouri state fire marshal shall provide necessary 186
clerical, research, fiscal, and legal services to the 187
Missouri building codes commission as the commission may 188
request. 189
(3) The Missouri building codes commission shall have 190
an advisory committee on residential building codes, with 191
responsibility for drafting o r determining a residential 192
building code for the Missouri building codes, with 193
membership serving at the pleasure of the Missouri building 194
codes commission and to be appointed by the Missouri 195
building codes commission as follows: 196
(a) Three members with experience in residential home 197
building, no two of which shall live in the same county; 198
(b) One licensed architect who designs houses; 199
(c) Three building code officials or fire marshals, no 200
two of which shall live in the same county; 201 SB 743 8
(d) One person with expertise in energy efficient 202
construction. 203
(4) The Missouri building codes commission shall have 204
an advisory committee on plumbing, mechanical, fuel, and gas 205
codes, with responsibility for drafting or determining 206
plumbing, mechanical, fuel, and gas codes, with membership 207
serving at the pleasure of the Missouri building codes 208
commission and to be appointed by the Missouri building 209
codes commission as follows: 210
(a) One master plumber; 211
(b) One plumbing contrac tor; 212
(c) One master mechanical tradesman with specialty in 213
pipefitting, sheet metal work, or heating ventilation and 214
cooling; 215
(d) One mechanical contractor; 216
(e) One professional engineer specializing in 217
mechanical work; 218
(f) One professional engineer specializing in 219
plumbing, sanitary, or sewer; 220
(g) One licensed architect; 221
(h) Two building code officials; 222
(i) One fire marshal; and 223
(j) One member-at-large representing the owners and 224
users of commercial buil dings. 225
(5) The Missouri building codes commission may appoint 226
additional advisory committees as it deems necessary, with 227
membership to serve at the pleasure of the commission. 228
(6) The Missouri building codes commission shall have 229
the following powers and duties: 230
(a) To maintain records of registered inspectors, 231
including, but not limited to, certifications completed; 232 SB 743 9
(b) To provide information related to promoting and 233
coordinating inspector training; 234
(c) To appoint a state codes manager, who shall: 235
a. Serve as an ex officio member of the Missouri 236
building codes commission; and 237
b. Be an individual: 238
(i) Licensed under chapter 327 and practicing in this 239
state as an architect or a professional engineer with at 240
least five years of experience in the individual's trade; or 241
(ii) Certified as a building official or master code 242
professional with at least five years of supervisory 243
experience as a jurisdictional code official; 244
(d) To maintain the Misso uri building codes in 245
conjunction with the state fire marshal and the state codes 246
manager; and 247
(e) To provide technical assistance to any authority 248
having jurisdiction that has adopted the Missouri building 249
codes in interpreting the Missouri buil ding codes and 250
resolving any conflict resulting from any enforcement action 251
under this section. 252
8. (1) The Missouri building code commission shall 253
establish a schedule of fees to be charged for the issuance 254
and renewal of any construction permit s, occupancy permits, 255
or reoccupancy permits issued by any agency or political 256
subdivision of this state. 257
(2) In addition to the fees established under 258
subdivision (1) of this subsection, the Missouri building 259
codes commission shall charge fees f or issuance and renewal 260
of permits, as described in this subsection, by any agency 261
or political subdivision of the state authorizing work 262
governed by codes within the purview of the commission, not 263
to exceed seven dollars adjusted annually by the commi ssion 264 SB 743 10
based on the rate of inflation according to the Consumer 265
Price Index for All Urban Consumers for the United States as 266
reported by the Bureau of Labor Statistics, or its successor 267
index. 268
(3) The fees specified in this subsection shall be 269
collected by the agency or political subdivision issuing the 270
applicable permits, and the fees charged under subdivision 271
(2) of this subsection shall be remitted to the state 272
treasury at least monthly to be deposited in the Missouri 273
building codes fund. 274
(4) Nothing in this section shall prohibit the 275
Missouri building codes commission from offering incentives 276
for prompt payment or remittance of the fees specified in 277
this subsection. 278
9. (1) There is hereby created in the state treasury 279
the "Missouri Building Codes Fund", which shall consist of 280
fees collected under this section, appropriations by the 281
general assembly, and grants. The state fire marshal shall 282
administer the fund. The state treasurer shall be custodian 283
of the fund. In accordance with sections 30.170 and 30.180, 284
the state treasurer may approve disbursements. The fund 285
shall be a dedicated fund and, upon appropriation, moneys in 286
this fund shall be used solely as provided in this section. 287
(2) Notwithstanding the prov isions of section 33.080 288
to the contrary, any moneys remaining in the fund at the end 289
of the biennium shall not revert to the credit of the 290
general revenue fund. 291
(3) The state treasurer shall invest moneys in the 292
fund in the same manner as other funds are invested. Any 293
interest and moneys earned on such investments shall be 294
credited to the fund. 295 SB 743 11
10. The Missouri building codes commission may apply 296
for and receive grants consistent with the purposes of this 297
section. All such funds and g rants shall be used or 298
expended in accordance with the provisions of this section 299
and may be used or expended for the preservation, 300
improvement, and expansion of, and intergovernmental 301
agreements between jurisdictions related to, improved 302
accessibility to jurisdictions to help fund training 303
programs for building inspectors through associations, such 304
as the Missouri Association of Building Officials and 305
Inspectors, the Fire Marshals Association of Missouri, and 306
similar organizations, purchasing code books for political 307
subdivisions, the operation of the office of the state code 308
manager within the state fire marshal's office, and 309
operation of the Missouri building codes commission. 310
11. Except for the state fire code, the Missouri 311
building codes shall be administered by the state codes 312
manager with the advice and consent of the state fire 313
marshal. The state codes manager shall review, maintain, 314
and, in conjunction with the Missouri building codes 315
commission, amend the Missouri building co des. The state 316
codes manager shall review the codes every other three -year 317
cycle but no less than every six years and within eighteen 318
months from the date of publication of any subsequent 319
edition of the international codes. The state fire code 320
shall be reviewed, maintained, and amended by the state fire 321
marshal. The Missouri building codes commission shall hold 322
public hearings in accordance with chapter 610 as part of 323
the process of adopting or amending codes. Authorities 324
having jurisdiction th at have adopted the Missouri building 325
codes shall have an additional twelve months to adopt any 326
amendments to the Missouri building codes as provided by the 327 SB 743 12
Missouri building codes commission. If, in the 328
determination of the Missouri building codes co mmission, a 329
defect is found in the codes, the commission may make 330
necessary revisions outside of the normal approved cycle. 331
12. The state codes manager and state fire marshal 332
shall not be responsible for enforcing the state building 333
codes in an authority having jurisdiction. Each authority 334
having jurisdiction shall provide enforcement in the manner 335
listed in each building code or may provide enforcement in 336
one of the following methods: 337
(1) Inspection services provided by employees of the 338
authority having jurisdiction; 339
(2) Intergovernmental agreements between authorities 340
having jurisdiction; or 341
(3) Inspectors who are registered with the Missouri 342
building codes commission. 343
13. (1) No agricultural building shall be subj ect to 344
any Missouri building codes adopted under this section. 345
(2) Any person owning, residing and working at, or 346
employed at any agricultural building used solely for 347
agricultural purposes shall be exempt from the provisions 348
adopted under this s ection as such provisions pertain to any 349
improvements, additions, or alterations of the agricultural 350
building. 351
(3) The exemption provided in subdivision (2) of this 352
subsection shall not apply to improvements, additions, or 353
alterations that repurp ose the agricultural building for 354
nonagricultural purposes. 355
14. Resolution of a conflict resulting from an 356
enforcement action under this section shall be the 357
responsibility of the authority having jurisdiction that 358
adopts the Missouri building co des. 359 SB 743 13
15. Notwithstanding any other provision of law to the 360
contrary, this section shall apply in the case of a conflict 361
between this section and any other provision of state law. 362
16. The Missouri building codes commission, the state 363
codes manager, and the state fire marshal may promulgate all 364
necessary rules and regulations for the administration of 365
this section. Any rule or portion of a rule, as that term 366
is defined in section 536.010, that is created under the 367
authority delegated in th is section shall become effective 368
only if it complies with and is subject to all of the 369
provisions of chapter 536 and, if applicable, section 370
536.028. This section and chapter 536 are nonseverable and 371
if any of the powers vested with the general assem bly 372
pursuant to chapter 536 to review, to delay the effective 373
date, or to disapprove and annul a rule are subsequently 374
held unconstitutional, then the grant of rulemaking 375
authority and any rule proposed or adopted after the 376
effective date of this act shall be invalid and void. 377
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 SB 743 14
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
(d) One fire marshal with at le ast 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 g eneral 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 SB 743 15
(3) With the advice and consent of the Missouri 45
building codes commission, the residential reoccupancy 46
inspection committee shall c reate 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