Chapter 14.10
PERMITS

Sections:

14.10.010    Issuance – Generally.

14.10.020    Issuance – To unlicensed individuals.

14.10.030    Inspections and reinspections.

14.10.040    Not to issue to contractor with outstanding violations.

14.10.050    Sewage disposal prerequisite to building permit.

14.10.060    Failure to pay permit fees.

14.10.070    Grounds for mandatory permit denial.

14.10.080    Administrative and other fees.

14.10.010 Issuance – Generally.

(a) A permit may be issued pursuant to this chapter to any contractor licensed under Chapter 5.63 TMC through his designated master or that person’s designated agent. Any person entitled to receive a permit shall make application by calling the division of building inspection prior to any work being started. Each application shall include the description of the work to be done, the location by address of the work site, and use of premises in connection therewith. The building code enforcement division may require plans, specifications or drawings as deemed necessary. On other than one- and two-family dwelling units, the division of building inspection shall require plans and specifications with appropriate calculations shown.

(b) Any person legally entitled to apply for and receive a permit under this chapter shall make application by calling the administrative authority. Such person shall give a description of the character of the work proposed to be done and the address. The administrative authority may require plans, specifications or drawings and such information as deemed necessary. (Code 1981 § 10-40.2. Code 1995 § 26-51.)

    Cross References: Building code enforcement division, Chapter 2.50 TMC.

14.10.020 Issuance – To unlicensed individuals.

(a) Existing Single-Family Residential Dwelling. Any permit required by this chapter may be issued to an unlicensed individual who owns and occupies a single-family dwelling, provided the work is done only by the unlicensed owner in an existing single-family dwelling, including accessory building, used exclusively for living purposes. The individual shall be responsible for all materials and labor and shall submit plans that have to be approved prior to the issuance of a permit. All work must be done by the owner or by licensed contractors. All work is subject to and must pass all applicable inspections, and the unlicensed homeowner is specifically responsible for all costs of correcting deficient work including re-inspection fees.

(b) New Construction of Single-Family Residential Dwelling.

(1) A permit for the construction of a new single-family dwelling may be issued to an unlicensed individual subject to the restrictions and requirements in this subsection. The individual shall be responsible for all materials and labor and shall submit plans that have to be approved prior to the issuance of a permit. All work must be done by the owner or by licensed contractors. All work is subject to and must pass all applicable inspections, and the unlicensed homeowner is specifically responsible for all costs of correcting deficient work, including re-inspection fees. Provided, however, an unlicensed individual may not perform any work during the construction of the single-family dwelling which is required under this title to be done by a licensed individual in the employ of a licensed contractor.

(2) An unlicensed individual shall only be issued one permit for the construction of a single-family dwelling in any five-year period. (Ord. 18685 § 1, 7-25-06; Code 1981 § 10-40.3. Code 1995 § 26-52.)

14.10.030 Inspections and reinspections.

(a) It shall be the responsibility of the contractor through his designated master or his designated agent to make arrangements for field inspections at appropriate times for required inspections of permitted work; this includes a final inspection prior to occupancy.

(b) It shall be the responsibility of the contractor through his designated master or designated agent to promptly arrange for reinspection of any work which failed an inspection. All reinspections must be completed within 30 days of the original inspection failure. (Ord. 18533 § 3, 11-8-05; Code 1981 § 10-40.4. Code 1995 § 26-53.)

14.10.040 Not to issue to contractor with outstanding violations.

No new permits shall be issued to a contractor where the contractor has any outstanding written violation notices which have not been corrected or appealed to the appropriate board created in TMC 5.63.120. A contractor shall have 10 days to appeal a violation notice. In the event of an appeal, action by the building code enforcement division shall be stayed pending the outcome of the board’s decision. If a commercial or multifamily building is occupied while there are outstanding violations against the premises, the building code enforcement division may cause the discontinuance of utility services thereto. (Ord. 18533 § 4, 11-8-05; Code 1981 § 10-40.6. Code 1995 § 26-54.)

    Cross References: Building code enforcement division, Chapter 2.50 TMC.

14.10.050 Sewage disposal prerequisite to building permit.

No building permit shall be issued until the city engineer certifies that facilities are available for the disposal of sanitary sewage or, in the case of an uncompleted developer project, approved plans and specifications or other satisfactory assurance shall be given guaranteeing completion of necessary public improvements. (Code 1981 § 10-45. Code 1995 § 26-55.)

    Cross References: City engineer, TMC 2.25.180.

14.10.060 Failure to pay permit fees.

If a contractor has not paid for permits within 30 days from the date of notice to pay permit fees, it shall be deemed the contractor is working without a permit and all work in progress shall stop. Any contractor who fails to pay permit fees within 30 days of notice to pay shall be required to pay for permits in advance for six months thereafter. (Code 1981 § 10-40.5. Code 1995 § 26-56.)

14.10.070 Grounds for mandatory permit denial.

The following shall constitute grounds for mandatory denial of a residential or commercial building permit under this title:

(a) The owner of the premises for which a residential or commercial building permit has been requested owes any delinquent debt or has any delinquent outstanding financial obligations to the city relating to the premises for which the residential or commercial building permit has been sought.

(b) The owner of the premises for which a residential or commercial building permit has been requested owes any delinquent real estate taxes, personal property taxes or special assessments on the premises for which the residential or commercial building permit has been sought.

(c) The owner of the premises for which a residential or commercial building permit has been requested owes any delinquent real estate taxes or special assessment to the city of Topeka on any parcels of real estate located in the city of Topeka boundaries or within the three-mile area adjacent to the city of Topeka boundaries contained in the same subdivision for which the final plat approval has been given by the city. The city manager or a designee may waive the restrictions imposed by this subsection (c). All waivers shall be reported to the city council.

(d) Nothing contained in this section shall prohibit the issuance of a residential or commercial building permit to perform repairs to an existing structure which is unsafe within the meaning of this title if the public works director or his or her designee determines such repairs should be performed immediately to protect the safety of either the building’s occupant or the public. (Ord. 18477 § 2, 7-12-05; Ord. 17980 § 1, 3-11-03. Code 1995 § 26-57.)

    Cross References: City council – mayor, Chapter 2.15 TMC; department of public works, TMC 2.25.170.

14.10.080 Administrative and other fees.

(a) Permit Fees. In addition to the permit and other fees specifically imposed under this title, the following fees and charges shall also apply:

Residential trade permit for work which is not done under a duly issued building permit:    

$50.00

Commercial trade permit for work which is not done under a duly issued building permit for projects up to $200,000 total cost:    

$100.00

Commercial trade permit for work which is not done under a duly issued building permit for projects from $200,000 up to $500,000 total cost:    

$500.00

Commercial trade permit for work which is not done under a duly issued building permit for projects exceeding $500,000 total cost:    

$1,000.00

Driveway permit for work which is not done under a duly issued building permit:    

$50.00

Sidewalk permit for work which is not done under a duly issued building permit:    

$30.00

Parking lot permit plan review and inspection for work which is not done under a duly issued building permit (per hour):    

$50.00

Homeowner permit for work which is not done under a duly issued building permit:    

$50.00

Reinspection charge:    

$50.00

On-site consultation – no permit (per hour):    

$50.00

After hours inspection –
weekend:    

$100.00

After hours inspection – holiday weekend:    

$200.00

Inspection requested after 4:00 p.m.:    

$50.00

Specified inspection time:    

$50.00

Water heater replacement – self inspection:    

$20.00

Heating, ventilation and air conditioning system replacement – self inspection:    

$20.00

Fire alarm test for work which is not done under a duly issued building permit or exceeds one hour (per hour):    

$50.00

Electrical inspection service clearance for existing structures (per hour):    

$50.00

(b) Fees for Trade Contractor Work Commenced Without a Permit. Any work commenced by a trade contractor without having first obtained the required permit shall be charged a fee of $500.00, in addition to the fee for the permit. (Ord. 18702 § 1, 8-22-06; Ord. 18533 § 1, 11-8-05; Ord. 18449 § 2, 6-7-05; Ord. 18449 § 2, 6-7-05; Ord. 18292 § 1, 7-20-04. Code 1995 § 26-58.)