As used in this article, the words and phrases herein defined shall have the following meanings unless the context otherwise requires:
(a) Whenever the word municipality is used in the building code, it shall be held to mean the City of Wellsville, Kansas;
(b) Whenever the term corporation counsel is used in the building code, it shall be held to mean the city attorney of the City of Wellsville;
(c) Whenever the term building official is used in the building code, it shall be held to mean the Building Inspector or his or her authorized designee.
(Code 2016)
4-202. International building, residential maintenance, mechanical, existing building and swimming pool and spa codes incorporated.
There is hereby adopted and incorporated by reference, for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, swimming pools and spas, and plumbing and mechanical equipment, the International Building Code, 2012 Edition, the International Residential Code, 2012 Edition, the International Property Maintenance Code, 2012 Edition, the International Mechanical Code, 2012 Edition, the International Existing Building Code, 2012 Edition, and the International Swimming Pool and Spa Code, 2012 Edition, as recommended by the International Conference of Building Officials, such code being made as a part of the ordinances and code of the city as if the same had been set out in full herein, all as authorized and in the manner prescribed by K.S.A. 12-3009 through 12-3012 including any amendments thereto. One copy of the International Building Code, 2012 Edition, shall be marked or stamped “Official Copy as Incorporated by the Code of the City of Wellsville,” and shall be filed with the city clerk to be open to inspection and available to the public at all reasonable hours of business.
Any person violating any provision of such code shall be punished as provided in section 1-116 of this code.
(Ord. 800; Code 2016)
The following sections of this article are in addition to the provisions of the standard code incorporated by reference in section 4-202.
(a) Adoption of Street, Storm Sewer and Sidewalk Construction Standards. There is hereby adopted by reference the street, storm sewer and sidewalk construction standards of the latest publication by the Kansas City Metropolitan Chapter of the American Public Works Association.
BUILDING CODE:
(b) 101.4.1 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.7 and referenced elsewhere in this code, specifically the 2012 Editions of the International Residential Code, International Property Maintenance Code, International Mechanical Code, International Fuel Gas Code, and the International Swimming Pool and Spa Code, and 2011 National Electric Code, shall be considered part of the requirements of this code.
(c) 101.4.7 Electrical. The provisions of the NFPA 70 National Electrical Code, 2011 Edition, shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto.
(d) 105.1.3 Contractor’s License. All persons undertaking work which requires a permit pursuant to a city contractor licensing program as provided in section 105, or seeking to obtain said permit from the city, must comply with said licensing program.
(e) 105.2 Work exempt from permit. Building:
1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area is not greater than 200 square feet.
2. This subsection (2) related to fences is deleted.
14. Re-siding the dwelling or structure with materials other than stucco or EIFS.
(f) 110.3.8.1 Other Inspections. Whenever gas service is disconnected or shut off to a structure for a period of six (6) months or more, a gas pressure test will be required before the gas service may be restored by the utility.
(g) 202 Definitions. The term “approved certified sprinkler system” shall mean one that has been designed by an engineer who is licensed in the State of Kansas, and -- if the city has implemented a contractor licensing program -- installed by a contractor licensed pursuant to said program, and approved by the City Building Code Official.
(h) 308.6.5 Daycare being provided in a dwelling unit in compliance with K.S.A. 31-133. A facility within a dwelling unit that is providing custodial care in compliance with K.S.A 31-133 shall be classified as a Group R-3 occupancy or shall comply with the International Residential Code for One and Two-Family Dwellings as adopted by the City.
(i) [F] 903.4.1 Monitoring. Alarm, water-flow, supervisory and trouble signals shall be distinctly different and shall be automatically transmitted to an approved UL-listed central station as defined in NFPA 72, or, when approved by the fire code official, shall sound an audible signal at a constantly attended location. The fire alarm system installed to transmit such signals shall be considered a building fire alarm system and shall be documented as a UL-certified central station service system.
Exceptions:
1. Underground key or hub valves in roadway boxes provided by the municipality or public utility are not required to be monitored.
2. Backflow prevention device test valves located in limited area sprinkler system supply piping shall be locked in the open position. In occupancies required to be equipped with a fire alarm system, the backflow preventer valves shall be electronically supervised by a tamper switch installed in accordance with NFPA 72 and separately annunciated.
(j) [F] 903.4.2 Alarms. One exterior audible/visual device shall be connected to every automatic sprinkler system in an approved location. Such sprinkler water-flow devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Where a building fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system. Interior alarm notification appliances shall be installed as required by Section 903.4.2.1.
(k) [F] 903.4.2.1 Notification devices. Where an automatic fire sprinkler system is installed in a building, audible and visible notification appliances shall be installed throughout the building as follows:
1. Audible notification appliances shall be installed so as to be audible at 15 dBa above average sound pressure level throughout the building.
2. Visible notification appliances shall be installed in all public and common use areas, restrooms and corridors in accordance with the spacing requirements of NFPA 72.
3. Visible notification devices can be eliminated in normally unoccupied portions of the buildings where permitted by the fire code official.
(l) [F] 907.6.5 Monitoring. Fire alarm systems required by this Section or by the International Building Code shall be monitored by an approved supervising station in accordance with NFPA 72. An Underwriters Laboratories (UL) Fire Alarm certificate shall be issued by the UL listed fire alarm contractor for all newly installed fire alarm systems or existing fire alarm systems included in an existing building involved in any construction project involving a building permit.
Exceptions: Monitoring by a supervising station is not required for:
1. Single-and multiple-station smoke alarms required by Section 907.2.11.
2. Smoke detectors in Group I-3 occupancies.
3. Automatic sprinkler systems in one and two-story dwellings.
(m) [F] 907.7.4 Contractor’s Statement. A contractor’s statement verifying that the system has been installed in accordance with the approved plans and specifications and has been 100% tested in accordance with NFPA 72. The statement will also include that all personnel involved with the installation of the fire alarm system meet the qualification requirements of the fire code official.
(n) [F] 912.3.4 Fire department connections. The connection shall be a four-inch (4”) Storz quick coupling connector with cap.
(o) 1805.2.1.1 Frost Protection. Extending below the frost line of the locality, which, for Wellsville, Kansas, is 36 inches in depth.
Residential Code
(p) R102.5.1 Appendices. Appendices E and H are adopted.
(q) R105.2 Work exempt from permit. Building:
1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area is not greater than 200 square feet.
2. This subsection (2) related to fences is deleted.
(r) R109.1.2.1 Gas Test Required. Whenever gas service is disconnected or shut off to a dwelling for a period of six (6) months or more a gas pressure test will be required before the gas service may be restored by the utility.
(s) R109.5 Approval required. If the required erosion control measures are not in place and operational as required by KDHE guidelines, all inspections related to the permitted site from that date forward will not be conducted until the erosion control measures have been reinstated and inspected.
(t) Table R301.2(2). Ground snow load -20, Wind Speed -90, Seismic Design Category - A, Weathering – Severe, Frost line Depth – 36”, Termite – M-H, Winter Design Temp. – 6 degree, Ice Barrier – Yes, Air Freezing Index – 92.7, Mean Annual Temp. – 55 degree F.
(u) R302.2 Townhouses. Each townhouse shall be considered a separate building and shall be separated by fire-resistance-rated wall assemblies meeting the requirements of Section 706.
Exception: Townhomes provided with an automatic sprinkler system shall be separated by fire-resistance-rated wall assemblies meeting the requirements of Section R302.1 for exterior walls.
(v) R302.3 Two-family dwellings. Dwelling units in two-family dwellings shall be separated from each other by walls as per R302.2 and floor assemblies of not less than 1-hour fire-resistive rating when tested in accordance with ASTM E 119 or UL 263. Fire-resistance-rated floor-ceiling and wall assemblies shall extend to and be tight against the exterior wall, and wall assemblies shall extend to the underside of the roof sheathing.
Exceptions:
1. A fire-resistance rating of ½ hour shall be permitted in buildings equipped throughout with an automatic sprinkler system installed in accordance with NFPA 13.
2. Wall assemblies need not extend through attic spaces when the ceiling is protected by not less than 5/8-inch (15.9 mm) Type X gypsum board and an attic draft stop constructed as specified in Section R302.12.1 is provided above and along the wall assembly separating the dwellings. The structural framing supporting the ceiling shall also be protected by not less than ½-inch (12.7 mm) gypsum board or equivalent.
(w) R303.4 (1203.1) Mechanical Ventilation. Where the air infiltration rate of a dwelling unit is less than 3 air changes per hour when tested with a blower door at a pressure of 0.2 inch w.c (50 Pa) in accordance with Section N1102.4.1.2, the dwelling unit shall be provided with whole-house mechanical ventilation in accordance with Section M1507.3.
(x) R306.5 New single-family dwellings toilet facilities. Toilet facilities shall be provided within 500 feet (measured from the property line adjacent to the street for platted subdivisions along the public way) for all new single-family dwellings starting from the time of the first footing inspection until facilities are available in the dwelling. If the facilities are not located on the job site, the location of the required facilities shall be posted on the job site or other certification provided to the Building Code Official to verify the availability of toilet facilities, should the building official approve. The facilities on the site shall be removed prior to issuance of a Temporary Certificate of Occupancy.
(y) R306.6 New single-family dwellings construction site maintenance. All construction sites shall be maintained in a good, clean, and safe condition, including, but not limited to, the following minimum requirements:
1. Construction materials shall be stored, maintained and secured so as to prevent safety risk or danger. Accumulated construction debris shall be hauled away and disposed of at an approved land fill. Dumpsters shall be emptied or removed when full and may be used only for construction debris. Construction materials shall not be stored in a public right-a-way.
2. All mud, dirt, or debris deposited on any street, crosswalk, sidewalk, or other public property as a result of excavation, construction, or demolition shall be immediately broom cleaned to the extent possible and disposed of in an acceptable manner.
3. It shall be unlawful to intentionally place, deposit, or otherwise dispose of construction debris in any public or private sewer.
4. Airborne particles shall be controlled on the property at all times during work by means of a water truck and/or spraying equipment, or other water sources capable of spraying and thoroughly saturating all portions of the structure and surrounding property affected by the work. Spraying shall be undertaken at all times necessary to thoroughly control the creation and migration of airborne particles, including, without limitation, dust, from the subject property.
5. No person shall operate or cause to be operated any radio, media player, telecommunications device or other such object at such a volume or in any other manner that would cause a nuisance or disturbance to any person.
6. Every contractor shall be responsible for all actions of their employees, agents, and subcontractors under this subsection, and shall be responsible for all violations of the provisions of this subsection committed by such employees, agents, or subcontractors.
(z) R309.5 Fire Sprinklers. This section is deleted.
(aa) R313.2 One- and two-family dwellings automatic fire systems. An automatic residential fire sprinkler system may be installed in one- and two-family dwellings.
Exception: An automatic residential fire sprinkler system shall not be required for additions or alterations to existing buildings that are not already provided with an automatic residential sprinkler system.
(bb) R315.3 Where required in existing dwellings. Where work requiring a permit occurs in existing dwellings that have attached garages or in existing dwellings within which fuel-fired appliances exist, carbon monoxide alarms shall be provided in accordance with Section R315.1.
Exceptions:
1. Work involving the exterior surfaces of dwellings, such as the replacement of roofing or siding, or the addition or replacement of windows or doors, or the addition of a porch or deck, are exempt from the requirements of this section.
2. Installation, alteration or repairs of plumbing or mechanical systems are exempt from the requirements of this section.
(cc) R401.4.3 Soils report required. Foundation designs for new dwellings using the standards referenced in Subsection R404.1.2 shall submit a report from a registered design professional specifying the properties of the soil based on Table 405.1 prior the inspection of footings, if deemed necessary by the Building Code Official.
(dd) R401.4.4 Johnson County Residential Foundation guideline. Foundation designs for one-and two-family dwellings may use the approved standards design provided in the Johnson County Residential Foundation Guidelines in lieu of the prescriptive requirements of the 2012 International Residential Code as approved by the Building Code Official.
(ee) R402.1 Wood foundations. Wood foundation systems shall be designed and installed in accordance with the provisions of this code, but in no event shall wood foundations be used for 1 or 2 family dwellings.
(ff) R403.1.1.1 Continuous footing reinforcement. Continuous footings for basement foundation walls shall have minimum reinforcement consisting of not less than two No. 4 bars, uniformly spaced, located a minimum 3 inches (3”) clear from the bottom of the footing.
(gg) R403.1.1.2 Column pads. Column pads shall be a minimum of 24 inches by 24 inches and 8 inches deep (24” x 24” x 8”). Reinforcement shall consist of a minimum of three No. 4 bars each way, uniformly spaced.
(hh) R404.1.3 Design required. A design in accordance with accepted engineering practice shall be provided for concrete or masonry foundation walls when any of the conditions listed below exist. Where applicable, a standard design approved by the Building Official may be used in lieu of a design from the design professional. For new single-family dwellings where standard designs approved by the city are used, the design professional sealing the plans shall specify the use of those designs on the approved plans or through a separate report.
1. Walls are subject to hydrostatic pressure from ground water.
2. Walls supporting more than 48 inches (48”) of unbalanced backfill that do not have permanent lateral support at the top and bottom.
3. Sites containing CH, MH, OL, or OH soils as identified in Table R405.1
4. Foundation walls exceeding nine feet (9’) in height, measured from the top of the wall to the bottom of the slab.
5. Lots identified on the subdivision grading plan as having more than six feet (6’) of fill or having a finished slope steeper than 4 horizontal to 1 vertical before grading.
6. Footings and foundations with existing fill soils below the footing level rock.
7. Sloping lots steeper than 4 to 1 before grading.
8. Lots where some footings will bear on soil and others will bear on
9. Areas where problems have historically occurred.
10. Stepped footing and foundation walls.
11. Garage floor slabs supported on more than 24 inches (24”) of clean sand or gravel or eight inches (8”) of earth.
(ii) R501.3 Fire protection of floors. Delete this section.
(jj) R502.2.2 Decks. The construction of decks and balconies shall be done following the “Johnson County Residential Decks – Permit and Construction Guidelines.”
(kk) R506.2.5 Basement floor slab isolation. Basement floor slabs shall be isolated from column pads, interior columns and interior bearing walls to facilitate differential movement. Nonbearing walls supported on basement floor slabs shall be provided with a minimum one-inch (1”) expansion joint to facilitate differential movement between the floor slab and the floor framing above. Isolation and/or an expansion joint is not required within six inches (6”) of the exterior walls.
(ll) R602.10.3.9 Braced wall panel construction methods. Requirements of the International Residential Code shall be the standard for all garages, including the “H” frame detail.
(mm)R602.6.1 Drilling and notching of top plate. When piping or ductwork is placed in or partly in an exterior wall or interior load-bearing wall, necessitating cutting, drilling or notching of the top plate by more than 50 percent of its width, a galvanized metal tie not less than 0.054 inch thick (1.37 mm) (16 gal.) and 1 ½ inches (38 mm) wide shall be fastened across and to the plate at each side of the opening with not less than four 10d (0.148 inch diameter) nails having a minimum length of 1 ½ inches (38 mm) at each side or equivalent. The metal tie must extend a minimum of 6 inches past the opening. See Figure R602.6.1.
(nn) R903.5 Hail exposure. Hail exposure, as specified in Sections R903.5.1 and R903.5.2, shall be determined using Figure R903.5.
(oo) R903.5.1 Moderate hail exposure. One or more hail days with hail diameters larger than 1.5 inches (38 mm) in a 20-year period.
(pp) R903.5.2 Severe hail exposure. One or more hail days with hail diameters equal to or larger than 2.0 inches (51 mm) in a 20-year period.
(qq) R907.3 Recovering versus replacement. New roof coverings shall not be installed without first removing all existing layers of roof coverings where any of the following conditions exist:
1. Where the existing roof or roof covering is water-soaked or has deteriorated to the point that the existing roof or roof covering is not adequate as a base for additional roofing.
2. Where the existing roof covering is wood shake, slate, clay, cement or asbestos-cement tile.
3. Where the existing roof has two or more applications of any type of roof covering.
4. For asphalt shingles, when the building is located in an area subject to moderate or severe hail exposure according to Figure R903.4.
Exceptions:
1. Complete and separate roofing systems, such as standing-seam metal roof systems, that are designed to transmit the roof loads directly to the building’s structural system and do not rely on existing roofs and roof coverings for support, shall not require the removal of existing roof coverings.
2. Installation of metal panel, metal shingle, and concrete and clay tile roof coverings over existing wood shake roofs shall be permitted when the application is in accordance with Section R907.4.
3. The application of new protective coating over existing spray polyurethane foam roofing systems shall be permitted without tear-off of existing roof coverings.
(rr) N1101.1 Scope. An exception is hereby added to N1101.1.
Exception. HERS Option:
Energy efficiency code compliance can be met by the following one of three compliance paths:
1. Prescriptive path (compliance with all sections of Chapter 11 that are identified as “prescriptive”), or
2. Performance path (as described in Section N1105), or
3. HERS Index rating option.
The HERS Index rating option can be met by hiring a HERS rater and constructing a residence that scores 85or less on the HERS Index.
The permit applicant of record must elect the HERS compliance path or the code prescribed compliance path at the time permit application is made.
A Preliminary HERS Certificate with “Draft” watermark or a copy of a REM/Rate Building File Report with “Draft” watermark must be submitted with building permit plans. The HERS index documents proposed compliance with mandated requirements.
A HERS rating shall be performed by a rater accredited by the Residential Energy Services Network (RESNET).
The HERS Rater is required to perform a blower door test, duct blaster test, pre-drywall inspection and final inspection as part of the standard HERS Index rating process.
The final HERS Index score must be posted on the Certificate required by Section N1101.16 (R401.3).
The final HERS Certificate must be submitted to the Building Official before issuance of a Certificate of Occupancy.
(ss) Section N1102.4.1.1 (R402.4.1.1) Amended-Air Barrier and Insulation Installation. Table N1102.4.1.1 (R402.4.1.1) is to remain the same except:
Walls/Corners and the junction of the foundation and sill plate shall be sealed. Exterior thermal envelope insulation for framed walls shall be installed in substantial contact and continuous alignment with the air barrier. Knee walls shall be sealed.
Rim joists/Rim shall be sealed to prevent air leakage.
(tt) N1102.4.1.2 (R402.4.1.2) Testing. Where required by the building official, the building or dwelling unit shall be tested and verified as having an air leakage rate not exceeding 5 air changes per hour. Testing shall be conducted with a blower door at a pressure of 0.2 inches w.g. (50 Pascals). Where required by the building official, testing shall be conducted by an approved third party. A written report of the results of the test shall be signed by the party conducting the test provided to the building official. Testing shall be performed at any time after the creation of all penetrations of the building thermal envelope.
During testing:
1. Exterior windows and doors, fireplace and stove doors shall be closed, but not sealed, beyond the intended weather stripping or other infiltration control measures.
2. Dampers including exhaust, intake, makeup air, back draft and flue dampers shall be closed, but not sealed beyond intended infiltration control measures.
3. Interior doors, if installed at the time of the test, shall be open.
4. Exterior doors for continuous ventilation systems and heat recovery ventilators shall be closed and sealed.
5. Heating and cooling systems, if installed at the time of the test, shall be turned off; and
6. Supply and return registers, if installed at the time of the test, shall be fully open.
(uu) N1103.2.2 (R403.2.2) Sealing (Mandatory). Replace “Duct tightness shall be verified by either of the following” with “Where required by the building official, duct tightness shall be verified by either of the following:”
(vv) N1103.2.3 (R403.2.3) Building Cavities. Delete this section.
(ww) N1104.1 (R404.1) Lighting equipment (Mandatory) Fuel gas lighting systems shall not have continuously burning pilot lights.
(xx) P2503.3 Responsibility of permitee. Test equipment, materials and labor shall be furnished by the contractor.
(yy) E3902.2 Garage and accessory building receptacles. All 125 volt, single-phase, 15- or 20-ampere receptacles installed in garages and grade-level portions of unfinished accessory buildings used for storage or work areas shall have ground-fault circuit-interrupter protection for personnel.
Exceptions:
1. Receptacles supplying only garage doors.
2. Receptacles supplying only refrigerators or freezers.
(zz) E3902.5 Unfinished basement receptacles. All 125 volt, single-phase, 15- and 20-ampere receptacles installed in finished basements shall have ground- fault circuit-interrupter protection for personnel. For purposes of this section, unfinished basements are defined as portions or areas of the basement not intended as habitable rooms and limited to storage areas, work areas, and the like.
Exceptions:
1. A receptacle supplying only a permanently installed fire alarm or burglar alarm system.
2. A receptacle supplying only a sump pump.
(aaa)E3902.12 Arc-fault circuit-interrupter protection. All branch circuits that supply 120-volt, single phase, 15- and 20-ampere outlets installed in family rooms, dining rooms, living rooms, parlors, libraries, dens, bedrooms, sunrooms, recreation rooms, closets, hallways, and similar rooms or areas shall be protected by a combination type arc-fault circuit interrupter installed to provide protection of the branch circuit. For these purposes, a smoke alarm or carbon monoxide alarm shall not be considered an outlet and shall not be included in the arc-fault circuit.
Exceptions: 1, 2, and 3 apply.
Add Exception 4 to read: This section will not apply where existing dwelling unit premises wiring circuits make the application of this section impracticable, as determined by the building official.
Informational Note: One example of the application of this exception is where the existing dwelling unit utilizes a listed panelboard for which there is no listed device for the application of AFCI protection for a multi-wire branch circuit.
(Code 2016)
(a) This and other articles of the city relating generally to building and structures shall be administered and enforced by the Building Inspector. The Building Inspector shall act as chief building official and may assume the responsibilities of or with the consent and approval of the governing body appoint a building inspector and such other assistants as may be advisable for the issuance of building permits and the inspection of building work.
(b) The building inspector shall prepare such application, permit, inspection and record forms as may be required for the purposes of the article. The building inspector may make and promulgate the necessary rules and regulations to obtain conformity with this article pertaining to the making of applications for building permits, issuing of building permits and inspecting of buildings and building works.
(Ord. 800; Code 2016)
The building inspector may assume the responsibilities of or appoint some qualified officer or employee of the city to be and perform the duties of building inspector as may be required, subject to the consent and approval of the governing body.
(Code 2016)
The building inspector shall have the following duties:
(a) To enforce all regulations relating to construction, alteration, repair, removal and demolition of building and structures;
(b) May permit, with the approval of the governing body, on the basis of duly authenticated reports from recognized sources, the use of new materials or modes of construction, not provided for in this article, and may, for the purpose of carrying out the intent of this article adopt an accepted standard of material or workmanlike practices of federal or state bureaus, national, technical organizations or fire underwriters;
(c) To examine all buildings in the process of erection, construction, alteration or relocation in the city for the purpose of determining whether the work is in compliance with the permit given and in compliance with the regulations of the city pertaining to such work, including zoning regulations; and;
(d) To keep comprehensive records of applications, of permits or certificates issued, of inspections made, of reports rendered, and of notices or orders issued. All such records shall be open to public inspection during stated office hours, but shall not be removed from the office of the building official without his or her written consent.
(Ord. 800; Code 2016)
The building inspector shall have the following powers:
(a) To enter any building or structure or premises at any reasonable hour, whether complete or in the process of erection, to perform the duties contained in this chapter;
(b) To adopt and enforce all such prudent emergency measures as he or she may deem necessary and expedient for the public safety under the laws of the city;
(c) May cause any work done in violation of this chapter to be discontinued until he or she shall have satisfactory evidence that the work will be done in accordance with the building regulations of the city, subject to the right of any builder or owner to appeal to the governing body.
(Ord. 800; Code 2016)
The building inspector, or his or her agent, upon proper identification, shall have authority to enter any building, structure or premises at any reasonable hour to perform his or her duties as set out in this chapter.
(Code 2016)
(a) The governing body shall be the final determiner of the scope and meaning of all provisions of the building code which may be unclear, ambiguous, or requiring interpretation.
(b) The building inspector shall have power to modify any of the provisions of the building code upon application in writing by the owner or lessee or his or her authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code. In approving modifications, the building inspector shall see that the spirit of the code is observed, public safety secured and substantial justice done. The particulars of a modification when granted or allowed and the decision of the inspector thereon shall be entered upon the records of the building inspector and a signed copy shall be furnished to the applicant.
(Code 2016)
It shall be unlawful for any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done within the city without a building permit being first obtained therefor from the city clerk, after approval by the chief building official or his or her duly authorized assistant. The application for such permit shall be made and the permit obtained before work is commenced upon any building or structure or the foundation thereof, or before the removal of any building begins.
(Code 2016)
(a) A building permit shall be issued upon an application in writing to the office of city clerk on a form or forms provided for the purpose. This application shall, among other things, disclose the following:
(1) The name of the owner of the lot or tract of ground;
(2) The location of the building or structure;
(3) The building work proposed;
(4) The outside dimensions of the building by floors and dimensions of the basement (if any);
(5) The class of occupancy;
(6) The class of construction;
(7) The kind of materials to be used for walls, floors, ceilings, roofs, and foundations;
(8) The estimated cost of the work;
(9) The date work will commence;
(10) Expected date of completion;
(11) Name and address of contractor or contractors doing the work;
(12) Such other information as may be pertinent to the issuance of the required permit.
(b)
(1) An application for a building permit shall be signed by the owner or his or her duly authorized agent, or a building contractor licensed by the city. If the application is made by the owner or his or her agent, it shall contain the name or names of the licensed contractor or contractors doing the work described, or a building permit may be issued to the owner upon his or her application disclosing satisfactory evidence that the proposed work will be performed by the owner, himself or herself and not by a licensed contractor, and likewise subject to the final approval of the building inspector for work performed.
(2) If an application for a building permit indicates that it is for commercial or residential roofing services, including construction, installation, renovation, repair, maintenance, alteration or waterproofing, the application shall include the contractor’s name, the contractor’s place of business within the city (and home office if not a resident), the contractor’s state registration number as issued under the Kansas Roofing Registration Act (K.S.A. 2013 Supp. 50-6,121, et seq.), and shall also be signed by the roofing contractor or contractor’s authorized agent. Provided, however, that this subsection shall not apply to:
(A) An actual owner of commercial or residential property who physically performs, or has employees who perform, roofing services on such owner’s own dwelling or other structures located on the residential property without the assistance of a registered roofing contractor.
(B) To those persons identified in K.S.A. 2014 Supp. 50-6, 129(a)(1:8), and amendments there to.
(C) To an “exempt general contractor”, as defined in K.S.A. 50-6,122, and amendments thereto.
(3) If the application for a building permit indicates that it involves renovation, repairing or painting of a home or child-occupied facility, including day care centers and schools, built before 1978 and will disturb six square feet of painted interior surfaces or 20 square feet of painted exterior surfaces, the contractor performing the services must furnish proof of Kansas certification as a licensed renovation firm or renovator. Provided, however, that this subsection does not apply to a home owner performing work on an owner-occupied residence. In addition, this subsection does not apply to any other exception or exemption set forth in the Kansas Department of Health and Environment Renovation, Repair and Painting Rule, as described in K.A.R. 28-72-1:54 and in 40 CFR Part 745, and amendments thereto.
(c) Upon approval of the completed application, including, if required, the verification of state roofer registration or other state certification, and a determination that a permit should be issued, the chief building official or his or her assistant shall issue a permit to the owner or contractor authorizing the building work covered by the application. If applicable, the permit shall include the roofer registration number or any other certification or license number issued by the state.
(d) Any permit issued under this section shall be valid and subsisting for a period of not more than six months from the date of issuance unless the permittee shall have commenced, within the period so limited, the building work authorized by such permit. Building work commenced for the purpose of this section shall mean the beginning of building work other than the preparation of plans or the staking out of the building location or the letting of a building contract.
(Code 2016)
Whenever an application for a building permit is made, the chief building official may, if he or she finds it necessary to determine whether building work described in the application will comply with the laws pertaining to such work, require that the applicant file a written description or drawing of the proposed building as may be prepared for the purpose. If such drawing or description is insufficient for the purposes of determining whether a permit should be issued, the building official may require the applicant to file complete architectural and engineering plans and specifications for such building, or any part thereof, as may be necessary for the inspector to determine compliance with this article. The filing of such plans and specifications and the approval thereof in connection with an application for a permit shall not in any way affect the authority of the city to deny or issue a permit, or to inspect any building work for conformity with this article.
(Code 2016)
The fee for a building permit shall be as set by the city Fee Resolution. The fee shall be paid to the city clerk upon obtaining a building permit and the same shall be credited to the general operating fund of the city.
(Code 2016)
A copy of the building permit shall be kept on the premises for public inspection during the performance of the work and until the completion of the same. The building inspector may require a certified copy of the approved plans to be kept on the premises at all times from the commencement of the work to the completion thereof.
(Code 2016)
Upon the completion of any work under a building permit, the chief building official, the building inspector or his or her designee is authorized to issue a certificate of approval for the occupancy and use of the building or structure. The certificate shall show the number of inspections made and the orders and corrections required during the course of the work. A copy of such certificate shall be given the owner.
(Code 2016)
(a) The contractor or builder having a permit for new construction, or additions to existing buildings, shall notify the chief building official or building inspector immediately upon the marking or laying out of the site and foundation for such work. The official or inspector shall inspect the layout for conformity with this article and with respect to lot lines, setbacks and location of the proposed buildings to determine conformity with the city zoning regulations. In case of doubt respecting the required location, the chief building official may require an official survey of the lot lines to determine conformity, at the expense of the permit holder.
(b) Upon completion of the excavation for the building foundation and footings and the construction of the necessary forms thereof and before the foundation and footings are poured or laid, the official or inspector shall be notified as in the first case, and it shall be his or her duty to inspect all such work for conformity with laws respecting location of the building foundations and footings.
(c) The building inspector shall during the course of all building make such other inspections as may be directed by the chief building official to be made during any successive stage of the construction or other work covered by a permit in order to secure compliance with laws pertaining thereto.
(Code 2016)
Upon the completion of any building construction work covered by this article, it shall be the duty of the person doing such work to notify the building inspector and request that it be inspected; after which such work shall be inspected promptly as hereinafter provided.
(Code 2016)
An initial inspection fee and fees for subsequent inspections required shall be set forth by city Fee Resolution and shall be paid before any building or construction work will be approved or a certificate of approval issued.
(Code 2016)
This article shall not be construed to relieve from any liability or lessen the liability of any person performing any activity connected herewith, nor shall the city be held as assuming any liability by reason of any inspection authorized herein, by reason of any certificate of inspection issued by it or by reason of any permit or license granted herein.
(Code 2016)
If any section of the International Building Code or of this article shall be held unconstitutional or otherwise invalid by any court of competent jurisdiction, then such section shall be considered separate and apart from the remaining sections, the section to be completely severable from the remaining provisions which shall continue in full force and effect.
(Code 2016)