321.222. Residential construction--definitions--regulatory system of city or county supersedes fire protection district regulations (Jefferson County). - Missouri Statutes

Residential construction--definitions--regulatory system ofcity or county supersedes fire protection district regulations(Jefferson County).

321.222. 1. As used in this section, the term "residentialconstruction" shall mean new construction and erection of detachedsingle-family or two-family dwellings, the alteration, enlargement,replacement, or repair of detached single-family or two-family dwellings.

2. As used in this section, the term "residential constructionregulatory system" means any bylaw, ordinance, order, rule, or regulationpertaining to residential construction, the implementation or enforcement ofany permitting system or program relative to residential construction,including the use or occupancy by the initial occupant thereof, or theimplementation or enforcement of any system or program for the inspection ofresidential construction.

3. Notwithstanding the provisions of any other law to the contrary, inthe event a city, town, village, or county adopts or has adopted, implementsor has implemented, or enforces a residential construction regulatory systemor any portion thereof applicable to residential construction within itsjurisdiction, neither fire protection districts nor their boards shall havethe power, authority, or privilege to adopt, enforce, or implement aresidential construction regulatory system or any portion thereof applicableto or pertaining to residential construction within the jurisdiction of suchcity, town, village, or county.

4. Any residential construction regulatory system or any portion thereofadopted or previously adopted, implemented or previously implemented, orenforced by a fire protection district or its board as to residentialconstruction within the jurisdiction of a city, town, village, or county shallbe null and void as of the date on which such city, town, village, or countyadopts, implements, or enforces its own residential construction regulatorysystem as to residential construction within its jurisdiction whether or notthe residential construction regulatory system or any portion thereof adopted,implemented, or enforced by such city, town, village, or county specificallyaddresses matters addressed in substance or manner by the residentialconstruction regulatory system or any portion thereof adopted, implemented, orenforced by the applicable fire protection district or its board.

5. In no event shall a fire protection district or its board enact,adopt, or implement any bylaws, ordinances, orders, rules, or regulations thatpertain, in any manner, to either the subdivision of land for the purpose ofresidential construction or to the construction, installation, and erection ofany improvements, infrastructure, and utility facilities related to or for thepurpose of serving residential construction.

6. Any residential construction regulatory system or any portion thereofadopted or previously adopted, implemented or previously implemented, orenforced by the applicable fire protection district or board that is inconflict with this section shall be void.

7. This section shall only apply to any fire protection district locatedwholly within any county of the first classification with more than onehundred ninety-eight thousand but fewer than one hundred ninety-nine thousandtwo hundred inhabitants.

8. Notwithstanding any provision in this section to the contrary, a fireprotection district may enter into a contract with a county, city, town, orvillage to assist in the implementation of the residential constructionregulatory system of such county, city, town, or village as it relates to fireprotection issues as long as the county, city, town, or village retainsjurisdiction over the implementation and enforcement of such system.

(L. 2005 S.B. 210)

(2006) Section applying only to fire protection districts wholly within counties within a very narrow population range was a special law in violation of article III, section 40(30) without substantial justification for the classification. Jefferson County Fire Protection Districts Association v. Blunt, 205 S.W.3d 866 (Mo.banc).