Chapter 15.50
RESIDENTIAL CODE

Sections:

15.50.010    Adoption of Residential Code.

15.50.020    Amendments to the Code – Fees – Penalties.

    Prior legislation: Ords. 2044 and 2098.

15.50.010 Adoption of Residential Code.

The International Residential Code for One- and Two-Family Dwellings, 2006 Edition, published by the International Code Council, is hereby adopted by reference as the Residential 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 “Residential Code” shall mean the International Residential Code for One- and Two-Family Dwellings, 2006 Edition, published by the International Code Council. (Ord. 2225 § 6; Ord. 2087 § 6. Code 1990 § 4-1301)

15.50.020 Amendments to the Code – Fees – Penalties.

The “Residential Code” as adopted by GMC 15.50.010 is hereby amended and changed to read as follows:

A. Section R101 of the International Residential Code, 2006 Edition, Title, Scope and Purpose, is hereby amended to read as follows:

Replace the words “Name of Jurisdiction” with the words “City of Gardner, Kansas.”

B. Section R105.2 of the International Residential Code, 2006 Edition, Work Exempt from Permit: Building, is hereby amended to omit fences under six feet in height (R105.2.2) and sidewalks and driveways (R105.2.5).

C. The schedule of permit fees shall be established by the Governing Body by resolution.

D. Section R109.1.7 of the International Residential Code, 2006 Edition, is hereby added to read as follows:

If the required erosion control measures are not in place and operational as required by the Public Works Engineering Division, all inspections related to that permitted site from that date forward will not be conducted until the erosion control measures have been reinstalled and inspected.

E. Section R109.1.8 of the International Residential Code, 2006 Edition, is hereby added to read as follows:

If mud, dirt, rock or any other type of debris from the permitted building site has been found in the public right-of-way, then all inspections for that permitted building will not be conducted until the right-of-way has been cleaned, inspected.

F. Section R110.4 of the International Residential Code, 2006 Edition, Temporary Occupancy, is hereby amended to read as follows:

The Schedule of Permit fees shall be established by the Governing Body by resolution. The occupancy certificate is good for thirty (30) days. The fee for a temporary occupancy permit will be reduced by half the fee established by resolution from June 15 to September 15 when sod and trees are the only items preventing a permanent certificate of occupancy from being issued.

G. Section R112 of the International Residential Code, 2006 Edition, Board of Appeals, is hereby amended to read as follows:

The International Residential Code board of appeals shall be the same board as specified by the International Building Code.

All rules, membership, and appeals shall be the same as the International Building Code Board.

H. Section R301.5 of the International Residential Code, 2006 Edition, Minimum Live Loads, is hereby amended to read as follows:

b. Attics with openings no larger than 22" x 30" are not required to be designed for storage live loading.

I. Section R113.4 of the International Residential Code, 2006 Edition, Violation Penalties, is hereby amended to read as follows:

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. Until such time as the violation is corrected, each day shall constitute a separate offense.

J. Section R502.2.2 of the International Residential Code, 2006 Edition, Decks, is hereby amended to read as follows:

The construction of decks and balconies shall be done using the Johnson County Building Officials Deck Design publication.

K. Section R317.1 of the International Residential Code, 2006 Edition, Two-Family Dwellings, is hereby amended to read as follows:

Each dwelling unit shall be considered a separate building. Dwelling unit separation for two-family dwellings shall be constructed in the same manner as that of town homes. All utility connections shall also be considered separate and treated as such.

L. Section R319.3 of the International Residential Code, 2006 Edition, Fasteners, is hereby amended by adding exception No. 3:

3. Interior fasteners are not required to be treated if penetrating noncorrosive wood.

M. Section R402.1 of the International Residential Code, 2006 Edition, Wood Foundations, is hereby amended to read as follows:

Wood foundations are not permitted for one- and two-family dwellings.

N. Section R403.1.1 of the International Residential Code, 2006 Edition, Minimum Size, is hereby amended to read as follows:

The minimum size for all residential concrete footings shall be 8 inches in depth and 16 inches in width. Single story trench footings are to be a minimum of 12 inches in width. Footing projections shall be at least 2 inches and shall not exceed the thickness of the footing. The minimum load-bearing value of soil shall be 2,000 psf. Soils investigation reports are required when it appears the soil bearing value is below 2,000 psf, or when conditions exist as described in R401.4. Footings for all three story structures shall be designed by a licensed Kansas engineer.

O. Section N1101.2 of the International Residential Code, 2006 Edition, General, is hereby added to read as follows:

All garage slabs will be installed according to the City of Gardner’s “Typical Garage Slab Detail.” The Codes Administrator will accept other engineered systems in lieu of the required detail.

P. Section R602.10.3 of the International Residential Code, 2006 Edition, Braced Wall Panel Construction Methods, is hereby added to read as follows:

The Johnson County Braced Wall Report will be required as the braced wall standard for all garages, including the H frame detail.

Q. Section P2503.4 of the International Residential Code, 2006 Edition, Building Sewer Testing, is hereby amended to read as follows:

The building sewer shall be tested by insertion of a test plug at the point of connection with the public sewer and filling the building sewer with water, testing with not less than a ten (10') foot head of water and be able to maintain such pressure for fifteen (15) minutes. This testing will be required when ordered by the Building Official.

R. Section P2503.5 of the International Residential Code, 2006 Edition, DWV Systems Testing, is hereby amended to read as follows:

Rough and finished plumbing installations shall be tested in accordance with Sections P2503.5.1 and P2503.5.2. This testing will be required when ordered by the Building Official.

(Ord. 2349 §§ 5, 6; Ord. 2267 § 9; Ord. 2225 § 6; Ord. 2120 § 1. Code 1990 § 4-1302)