Chapter 15.05
BUILDING CODE
Sections:
15.05.010 Adoption of Building Code.
15.05.020 Amendments to the Code.
15.05.030 Application of other laws.
Prior legislation: Ords. 1663, 1764 and 2048.
15.05.010 Adoption of Building Code.
The International Building Code, 2006 Edition, published by the International Code Council is hereby adopted by reference as the Building Code of the City of Gardner, Kansas, and not less than three copies of said code, marked or stamped in the manner provided by K.S.A. 12-3010, with all sections or portions thereof intended to be omitted clearly marked and showing portions that are amended and to which shall be attached a copy of amendments, shall be filed with the City Clerk and shall be open to inspection and available to the public at reasonable business hours. Official copies of such code shall be supplied at the cost of the City to the officials and agencies in the manner listed and set forth in K.S.A. 12-3010. Subsequent references to the “Building Code” shall mean the International Building Code, 2006 Edition, published by the International Code Council. (Ord. 2225 § 1; Ord. 2087 § 1. Code 1990 § 4-101)
15.05.020 Amendments to the Code.
The “Building Code,” as adopted by GMC 15.05.010, is hereby amended and changed to read as follows:
A. Section 105.1.3 of the International Building Code, 2006 Edition, is hereby amended to read as follows:
County License Required: All persons undertaking work which requires a permit as provided in Chapter 4, or seeking to obtain that permit from the City, except for permits for Gas and Oil Wells – Article 4, House Moving – Article 9, the construction of decks and fences, the owner-occupant of one and two family structures, and other ancillary structures as determined by the Building Official, are required to have a current valid Johnson County contractors license.
B. Section 112 of the International Building Code, 2006 Edition, is hereby amended to read as follows:
Board of Appeals:
(a) Organization and Members: In order to determine the suitability of alternate material and types of construction and to provide for reasonable interpretations of the provisions of this Building Code, Mechanical Code, Plumbing Code, and Electrical Code, there shall be and is hereby created a Board of Appeals, consisting of five (5) members, appointed by the Mayor with the consent of the City Council, who are qualified by experience and training to pass upon matters pertaining to construction. The Board shall adopt reasonable rules and regulations for conducting its investigations and shall render all decisions and findings in writing to the building official with a duplicate copy to the appellant and may recommend to the City Council such new legislation as is consistent therewith.
(b) Rules, Meetings and Records: The Board shall adopt rules to govern its proceedings in accordance with the provisions of this code.
(c) Appeals: Any person whose application for a building permit for the use of an alternate material or type of construction has been refused by the building official, or who may consider that the provisions of this building code or the mechanical, plumbing, and electric codes do not cover the point raised, or that any particular provisions would cause a manifest injury to be done may appeal to the Board of Appeals by serving written notice on the building official in which it shall be stated that the applicant desiring to use the alternate materials or types of construction shall guarantee payment of all expenses for necessary tests made or ordered by the Board of Appeals. Such notice shall be at once transmitted to the Board, which Board shall arrange a hearing on the particular point raised. The Board shall meet upon notice of the chairman within fourteen (14) days of the filing of an appeal. It shall be the responsibility of the applicant to notify other interested parties they would like present at the meeting.
(d) Authority of Board: The Board of Appeals shall interpret the provisions of this Code to cover a special case if it appears that the provisions of this Code or the plumbing, mechanical, or electric codes do not definitely cover the point raised or that a manifest injustice might be done. The decision of the Board shall be by majority vote provided that a quorum is present and if not permitted by this building code shall become effective only when authorized by an amendment to this Code or the mechanical, plumbing or electric codes whichever is applicable.
C. Section 113 of the International Building Code, 2006 Edition, is hereby amended to read as follows:
Violations:
(a) Unlawful Acts: It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, use, maintain, demolish or occupy any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any provisions of this code.
(b) Notice of Violation: The building official is authorized to serve a notice of violation or order on the person or owner responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code, or in violation of a permit or certificate issued under the provisions of the code. Such order or notice shall direct the discontinuance of the illegal action or condition and the abatement of the violation.
(c) Penalties: The violation of any provision of this code shall be deemed to be a misdemeanor; and any person, firm, association, partnership or corporation convicted thereof shall be punished by a fine of not less than $100.00 or greater than $500.00 per offense; and the City shall further have the authority to maintain suits or actions in any court of competent jurisdiction for the purpose of enforcing any provisions of this code and seek civil penalties in the amount of not less than $100.00 or greater than $500.00 per offense; and to abate nuisances maintained in violation thereof, and, in addition to other remedies, institute injunction, mandamus, or other appropriate action or proceeding to prevent the occupancy of said building, structure or land. Each day a violation of this Code shall continue shall constitute a separate offense.
D. Section 105.2 of the International Building Code, Work Exempt from Permit: Building, is hereby amended to omit fences under six feet in height (105.2.2) and sidewalks and driveways (105.2.6).
E. Section 108.2 of the International Building Code, 2006 Edition, is hereby amended to read as follows:
Schedule of Permit Fees:
(a) Permit Fees: The fee for each permit shall be as set forth in Table No. 3-A of the Uniform Building Code 1991 Edition. All mobile home building permits for the setup of a mobile home shall have a set fee of twenty-five dollars ($25), which includes the outside storage shed and the deck if completed within one (1) year from the permit date. The determination of value or valuation shall be made by the building official. The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work, for which the permit is issued as well as all finish work, roofing, electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems and any other permanent equipment. For the factory built structures, the determination of value shall be based the same as for a built on site structure. All Plan Review Fees are calculated at 60% of the building permit fee. All permit fees are regulated by the Community Development Department. Outside third party plan reviews will be paid by the owner or applicant. Other fees are as follows:
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Decks, Fences, Docks, Driveway Replacement, Sheds and Minimum Building permit: |
$20.00 |
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Temporary Occupancy fee (residential and commercial): |
$40.00 |
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Minimum Electric permit fee (residential and general): |
$20.00 |
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Minimum Electric permit fee (commercial): |
$40.00 |
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Minimum Plumbing permit fee (residential and general): |
$20.00 |
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Minimum Plumbing permit fee (commercial): |
$40.00 |
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Minimum Mechanical permit fee (residential): |
$20.00 |
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Minimum Mechanical permit fee (commercial): |
$40.00 |
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Re-Inspection Fee: |
$40.00 |
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Outside of normal working hours inspection fee: |
$50.00 |
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Fee for working without a building, mechanical, plumbing or electrical permit |
1/2 the permit |
F. Section 110.3 of the International Building Code, 2006 Edition, is hereby amended to read as follows:
Temporary Occupancy. The building official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The building official shall set the time period for a temporary certificate of occupancy for no more than 30 days.
G. Section 1805.2.1 of the International Building Code, 2006 Edition, is hereby amended with the addition of the following sentence:
Frost line in Gardner, Kansas, is known as thirty-six inches (36") in depth.
(Ord. 2225 § 1; Ord. 2087 § 1. Code 1990 § 4-102)
15.05.030 Application of other laws.
The provisions of this Code shall not be deemed to nullify any provisions of the zoning law or any other ordinance of the City of Gardner pertaining to the location or type of construction of buildings, except as may be specifically required by the provisions of this Code. (Ord. 2225 § 1; Ord. 2087 § 1. Code 1990 § 4-103)