Note on sources
- The packet you provided contains multiple different bills labeled "HB 1796" from different states (Arkansas, Illinois, Missouri). This summary focuses on the Missouri version titled to modify property- and building‑related authorities (text beginning "AN ACT To repeal sections ... and to enact in lieu thereof seven new sections relating to property rights, with penalty provisions"), since the bill subject headings you provided (cities, construction and building codes, counties, fees, political subdivisions) match that Missouri drafting.
Purpose and intent
- The bill seeks to revise local government authority over building codes and permitting, create an "exempt homeowner" permitting regime, limit local requirements that mandate higher-than-specified green/energy standards for small residential construction, and streamline permit/inspection timelines and fees. It is presented as a "Building Permit Reform" style package that shifts some regulatory burdens away from homeowners and restricts local adoption of certain sustainability standards.
Key provisions (Missouri HB 1796)
- Definitions and code adoption rules (amended section 67.280)
- Communities may adopt codes or portions of model codes by reference but must file copies with the clerk and make them public; filing must be present for at least 90 days prior to adoption.
- Any ordinance adopting a code must separately state any criminal/penalty provisions (penalties are not incorporated by reference).
Prohibition on certain local green or high‑performance mandates
- Local governments (counties, municipalities, fire districts) may not require owners/builders/developers to adopt "green," "high‑performance," or energy/environmental standards exceeding the 2009 International Residential Code (IRC) or 2009 International Energy Conservation Code (IECC) for one‑ or two‑family dwellings, condos, or multiunit townhouses. Any local rule in conflict is declared null and void.
Building Permit Reform Act (new section 67.488)
- Defines "exempt homeowner" as a resident, non‑corporate owner of a detached single‑family residence.
- Prohibits political subdivisions from requiring an exempt homeowner to hold licenses, certifications, registrations, or pass exams as a condition of applying for or using a building/construction permit, provided the owner or another current resident performs the work.
- Permits political subdivisions to assess a one‑time administrative fee up to $5,000 if the property is transferred within one year of work completion; applicants must be informed of this potential fee at application.
- Lists specific activities for which no prior permit/license/variance is required for exempt homeowners (e.g., replacing like‑for‑like appliances, minor plumbing/electrical work with no major system changes, nonstructural interior repairs, flooring work).
- Inspection timing: if an inspection requested by an exempt homeowner is not performed within 10 business days, 50% of permit charges must be refunded; if not performed within 20 business days, inspection requirements are waived and the homeowner may proceed as if passed.
- Permit renewals/extensions for exempt homeowners: no fee and no cap on number of extensions unless the work is publicly visible; fines for unpermitted work limited to no more than double the charge that would have applied had a permit been issued timely.
- Prohibits requiring demolition/removal of work done without permits unless the jurisdiction can show objective photographic or similar evidence that the work failed to meet applicable codes or safety standards in effect at the time the work was done.
Who would be affected
- Exempt homeowners (resident owners of detached single‑family homes) — gain broader ability to perform and self-permit certain repair/renovation work with fewer licensing barriers, and receive protections on inspection timing, fees, and penalties.
- Local governments (municipalities, counties, fire districts) — lose certain authorities to impose higher "green"/energy standards for small residential projects and face constraints on permit, fee, and inspection processes for exempt homeowners.
- Contractors and licensed trades — may see changes in market demand where homeowners elect to do work themselves; certain safety‑sensitive work (gas systems, major wiring/plumbing, multi‑occupant structures) remains excluded from exemptions.
- Real‑estate buyers/recipients of property transfers — may be subject to a potential administrative fee (up to $5,000) if the property changes hands within one year of owner‑performed work.
Procedural/timeline notes and gaps
- The draft requires that codes be filed and publicly available for at least 90 days before local adoption.
- Inspection timing relief is keyed to 10 and 20 business‑day benchmarks after a homeowner's request.
- The version you provided is truncated in parts; it references penalty provisions and additional sections that are not fully included in the excerpt. Fiscal impact is not detailed in the excerpt.
- Because multiple states’ HB 1796 texts were included in the packet, confirm which jurisdiction’s legislative actions and final status you need (this summary addresses the Missouri drafting included in the packet).
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