ARTICLE 2. BUILDING CODE
4-201. DEFINITIONS.
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 Tonganoxie, 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 Tonganoxie;
(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 2004)
4-202. INTERNATIONAL BUILDING CODE INCORPORATED.
A certain document, three copies of which are on file in the office of the city clerk of the city of Tonganoxie, being marked and designated as the International Building Code, 2012 Edition, including Appendix Chapters C, E and I (see International Building Code Section 101.2.1, 2012 Edition), as published by the International Code Council, be and is hereby adopted as the Building Code of the city of Tonganoxie, in the State of Kansas, for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use and the demolition of such structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Building Code on file in the office of the city of Tonganoxie are hereby referred to, adopted, and made a part hereof, as if fully set out in this article, with the additions, insertions, deletions and changes, if any, prescribed in this section.
The following sections are hereby revised: 101.1, 101.4.6 is deleted, 105.1.1 is deleted, 105.1.2 is deleted, 105.2, 108.3 revised, Chapter 9, Section 903 is amended, Chapter 13 is deleted, 1612.13, 3109.4 is amended to reference Appendix G of the 2003 International Residential Code, 3303.4 and 3410.2 are amended.
In more detail as follows:
101.4.1 Deleted (Electrical) – The provisions of the 2002 National Electrical Code shall apply (not listed in 2012 IBC).
101.4.7 Updated to 101.4.6 Deleted – International Energy Conservation Code.
109.3 revised – The applicant for a permit shall provide an estimated permit value at time of application. Permit valuations shall include total value of work including materials and labor for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment, and permanent systems. If, in the opinion of the code official, the valuation is underestimated on the application, the permit shall be denied unless the applicant can show detailed estimates to meet the approval of the code official. Final building permit valuation shall be set by the code official.
109.3.7 – Energy efficiency inspection (not titled in IBC 2012). (Ord. 1334; Ord. 1451, Sec. 1)
4-203. ADDITIONAL PROVISIONS.
The following sections of this article are in addition to the provisions of the standard code incorporated by reference in section 4-202. (Code 2004)
4-204. BUILDING OFFICIAL; POWERS; DUTIES.
(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.
(Code 2004)
4-205. BUILDING INSPECTOR; RECRUITMENT.
The city administrator shall make recommendation to the governing body to hire a qualified person(s) or to be and perform the duties of building inspector as may be required, subject to the consent and approval of the governing body. (Code 2004)
4-206. SAME; DUTIES.
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.
(e) Stop Orders.
(1) Whenever any work is being done contrary to the provisions of this code, the enforcement officer or his designee may order the work stopped by notice in writing served on any persons engaged in doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the enforcement officer or his designee to proceed with the work.
(2) Whenever a site is posted with a "Stop Work" sign, it shall be illegal for anyone to remove, deface or destruct the sign, save the enforcement officer or his designee. The penalty will be assessed in accordance with the penalties section in the ordinance codified in this subsection.
(f) Occupancy Violations.
(1) Whenever any building or structure or equipment therein regulated by this article is being used contrary to the provisions of this article, the enforcement officer or his designee may order such use discontinued and the structure, or portion thereof, vacated by notice served on any person causing such use to be continued. Such person shall discontinue the use within the time prescribed by the enforcement officer or his designee after receipt of such notice to make the structure or portion thereof comply with the requirements of this code.
(2) Whenever the site is posted with a "Do Not Occupy" sign, it shall be illegal for anyone to remove, deface or destruct the sign, save the enforcement officer or his designee. The penalty will be assessed in accordance with the penalty section in the ordinance codified in this subsection.
(Ord. 1083, Secs. 3:4; Ord. 1178)
4-207. SAME; POWERS.
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.
(Code 2004)
4-208. SAME; RIGHT OF ENTRY.
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 2004)
4-209. CLARIFICATION; MODIFICATION.
(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 2004)
4-210. BUILDING PERMIT REQUIRED; APPLICATION; APPROVAL; PENALTY.
(a) It shall be unlawful for any person to hereafter erect or cause to be erected within the city any building or structure of any kind or enlarge or add to the outside dimension thereof, or relocate any building or structure already erected or which may hereafter be erected or remodel any building or structure 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 shall be obtained before work is commenced upon any building or structure or the foundation thereof, or before the removal of any building begins.
(b) To the extent that the applicant is not exempt pursuant to section 4-218, no person may obtain a building permit unless and until he or she has obtained a license for electrical, mechanical, or plumbing from the municipality and complied with the contractor licensing requirements of Johnson County, Kansas, or such person provides adequate proof to the building official that he or she is otherwise exempt from such requirements.
(c) The erection or construction of a building or other structure without a separate building permit for each such building or structure is declared to be unlawful and deemed a crime, and shall be punishable according to subsection (f) of this section.
(d) Construction code shall mean the International Building Codes as currently adopted and enforced, and shall also mean the National Electrical Code and such other construction codes as may be adopted by the governing body.
(e) The construction or erection of a building, or any part thereof, in violation of any one or more of the construction codes of the municipality is unlawful and shall be deemed a crime, punishable as set out in subsection (f) of this section.
(f) Any crime or violation described in subsections (a):(e) of this section shall be punishable by a fine of not more than $300 per day, providing that each day such violation exists shall be counted as a separate count or offense, whether consecutive or not.
Nothing in this section shall be construed as preventing or limiting the municipality from enforcing such construction codes by civil lawsuit.
(Code 2004; Ord. 1378, Sec. 1)
4-211. SAME; APPLICATION INFORMATION REQUIRED.
(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) The construction documents submitted with the application for permit for a new residential or commercial structure or any attached structural addition to an existing structure shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, platted lot lines, streets and sidewalks, distances from lot lines, setbacks, and utility easements, and shall be drawn in accordance with an accurate boundary survey prepared and stamped by a licensed surveyor.
(b) An application for a building permit shall be signed by the owner or his or her duly authorized agent, or a building contractor who has complied with, or is exempt from, the licensing requirements of section 4-210. If the application is made by the owner or his agent, it shall contain the name or names of the contractor or contractors doing the work described, as well as proof that they have complied with or are exempt from the trade licensing requirements. A building permit may also be issued to a homeowner who personally occupies or will occupy and undertakes the construction, alteration, repair, or maintenance of such homeowner’s single-family residence or an accessory structure thereto. Any permit issued to a homeowner in accordance herewith will be subject to final approval of the building inspector for work performed. Notwithstanding the foregoing, for purposes of this section, any homeowner that undertakes the construction of a new residence for such homeowner’s personal occupancy more than three times in any five-year period shall be deemed to be a contractor that is required to comply with the licensing requirements herein.
(Code 2004; Ord. 1241; Ord. 1378, Sec. 2)
4-212. SAME; PLANS AND SPECIFICATIONS.
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 2004)
4-213. SAME; FEES.
(a) The fee for a building permit shall be calculated using the valuation of the improvement excluding land. The fees shall be calculated in accordance with the following schedule as of January 1, 2019:
|
Total Valuation |
Fee |
|---|---|
|
$1 to $500 |
$24 |
|
$501 to $2,000 |
$24 for the first $500; plus $3 for each additional $100 or fraction thereof, up to and including $2,000 |
|
$2,001 to $40,000 |
$69 for the first $2,000; plus $11 for each additional $1,000 or fraction thereof, up to and including $40,000 |
|
$40,001 to $100,000 |
$487 for the first $40,000; plus $9 for each additional $1,000 or fraction thereof, up to and including $100,000 |
|
$100,001 to $500,000 |
$1,027 for the first $100,000; plus $7 for each additional $1,000 or fraction thereof, up to and including $500,000 |
|
$500,001 to $1,000,000 |
$3,827 for the first $500,000; plus $5 for each additional $1,000 or fraction thereof, up to and including $1,000,000 |
|
$1,000,001 to $5,000,000 |
$6,327 for the first $1,000,000; plus $3 for each additional $1,000 or fraction thereof, up to and including $5,000,000 |
|
$5,000,001 and over |
$18,327 for the first $5,000,000; plus $1 for each additional $1,000 or fraction thereof |
|
Sheds/Accessory Buildings |
≤ 120 sq. ft., no permit required 121 to 200 sq. ft., permit required, $50 200 sq. ft. and over, based on valuation table |
|
Detached Garage |
Based on square footage; see Table 1-B* |
|
Decks/Patios |
Based on project valuation (Table 1-A) |
|
Signs |
Permit required, $50 |
|
Pools |
Above ground – temporary soft-sided – no permit required Above ground – permanent hard-sided – permit required, $50 In-ground – permit required based on valuation table |
|
Remodels (Residential and Commercial) |
Based on square footage; see Table 1-B* |
*References the 2012 Building Code Square Footage Valuation Table
|
Valuation |
Permit Fee |
|---|---|
|
$0 – $5,000 |
$30 |
|
$5,000 – $10,000 |
$50 |
|
Valuations $10,001 and over use Table 1-A. |
|
The fee herein 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. (Ord. 1083, Sec. 2; Code 2004; Ord. 1451, Sec. 2; Ord. 1459, Sec. 1)
4-214. SAME; POSTING.
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 2004)
4-215. CERTIFICATE OF APPROVAL.
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 2004)
4-216. INSPECTIONS OF BUILDING; LAYOUT OF BUILDING; FOUNDATIONS AND FOOTINGS; NOTICE TO INSPECTOR.
(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 2004)
4-217. REQUEST FOR INSPECTION.
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 2004)
4-218. WORK BY PROPERTY OWNERS.
Nothing herein contained shall prohibit any property owner from personally performing any building or construction work within and upon his or her own residence and intended for his or her personal use and permanent occupancy; provided, the owner shall satisfy the building inspector as to his or her ability to perform such work, secure a permit, pay required fees, do work in accordance with this article, and apply for an inspection and receive a certificate of approval. Personal building or construction performed by an owner under this section shall be by himself, herself, for himself or herself on his or her own residence, without compensation and no person shall be employed to assist him or her in any way on such work except a builder or building contractor licensed by the city. (Code 2004)
4-219. LIABILITY.
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 2004)
4-220. SEVERABILITY.
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 2004)