Chapter 15.05 BUILDING CODE

Chapter 15.05
BUILDING CODE

Sections:

Prior legislation: Ords. 1663, 1764 and 2048.

15.05.010 Adoption of Building Code.

The International Building Code, 2018 Edition, including Appendix Chapters C, E, and N, 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 one copy of last edition 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, 2018 Edition, published by the International Code Council. (Ord. 2674 § 1; Ord. 2423 § 1; 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 101.1 of the International Building Code, 2018 Edition, is hereby amended to read as follows:

Title. These regulations shall be known as the Building Code for the City of Gardner, Kansas, hereinafter referred to as “this code.”

B. Section 103 of the International Building Code, 2018 Edition, is hereby amended to read as follows:

Code Official. The City Administrator shall appoint the “Building Official” or “Code Official,” who shall have the duty of enforcing the provisions of this Chapter.

C. Section 105.1.3 of the International Building Code, 2018 Edition, is hereby enacted and reads as follows:

County License Required: All persons undertaking work which requires a permit as provided in Title 15, chapters 15.05, 15.15, 15.25, 15.30, 15.40, 15.45, and 15.50 or seeking to obtain that permit from the City, except for the construction of 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 contractor’s license as adopted by the Board of County Commissioners by Resolution 058-01 and all additional regulations adopted by the Contractor Licensing Review Board. Single family homeowners performing their own work are required to live and reside in the dwelling as their primary residence for twelve (12) consecutive months after the passing final inspection.

D. Section 105.2 of the International Building Code, 2018 Edition, is hereby amended to omit the exemption of 2. Fences not over 7 feet, 3. Oil Derricks, and 6. Sidewalks and driveways not more than 30 inches above grade, and not over any basement or story below and not part of any accessible route.

E. Section 109.2 of the International Building Code, 2018 Edition, is hereby amended to read as follows:

Permit Fees. The Governing Body shall establish the permit fees by resolution.

F. Section 109.3 of the International Building Code, 2018 Edition, is hereby amended to read as follows:

Building permit valuations. The Governing Body shall establish the building permit valuation by resolution.

G. Section 109.6 of the International Building Code, 2018 Edition, is hereby amended to read as follows:

Refunds. The Code Official shall authorize the refunding of fees as follows:

1. The full amount of any fee paid hereunder that was erroneously paid or collected.

2. Not more than seventy-five (75) percent of the permit fee when no work has been done after 180 days under a permit issued in accordance with this code.

The Code Official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than sixty (60) days after the date of the fee payment.

H. Section 111.1 of the International Building Code, 2018 Edition, is hereby amended to read as follows:

Use and Occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification or change in the existing business of a building or structure or portion thereof shall be made, until the building official has issued a certificate of occupancy thereof as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of this jurisdiction. An inspection is required by the building official prior to issuing a new certificate of occupancy and a fee paid to the jurisdiction. The fee shall be set by the Governing Body by resolution, unless the work is exempt under Section 105.2 of the International Building Code, 2018 Edition.

I. Section 111.3 of the International Building Code, 2018 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 time period for temporary occupancy shall be set by the Building Official. At such time one extension can be granted by the building official for exterior work only and only for seasonal conditions. The fee for temporary occupancy certificates shall be set by the governing body by resolution.

J. Section 113 of the International Building Code, 2018 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, Fire Code and Electrical Codes, 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 electrical, fire, fuel gas, property maintenance, mechanical, plumbing, and residential 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 electrical, fire, fuel gas, property maintenance, mechanical, plumbing, or residential codes 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.

K. Section 114 of the International Building Code, 2018 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, extend, 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.

L. Section 903.2.10 of the International Building Code, 2018 Edition, is hereby amended to read as follows:

Group S-2 enclosed parking garages. An automatic sprinkler system shall be provided throughout buildings classified as enclosed parking garages in accordance with Section 406.6 of the International Building Code where either of the following conditions exists:

1. Where the fire area of the enclosed parking garage exceeds 12,000 square feet (1115m2).

2. Where the enclosed parking garage is located beneath other groups.

M. Section 903.3.1.2.4 of the International Building Code, 2018 Edition, is hereby enacted and reads as follows:

Attached garages. Fire sprinkler protection shall be provided in attached garages.

N. Section 903.3.1.3 of the International Building Code, 2018 Edition, is hereby amended to read as follows:

NFPA 13D sprinkler systems. Automatic sprinkler systems installed in one- and two-family dwellings, Group R-3, and Group R-4, Condition 1; and townhouses shall be permitted to be installed throughout in accordance with NFPA 13D. This shall include sprinkler protection in attached garages.

O. Section 903.3.5.3 of the International Building Code, 2018 Edition, is hereby enacted and reads as follows:

Main control valves. Water supply lines for automatic sprinkler systems shall be provided with a control valve located on the riser. The valve shall be capable of isolating the underground fire service main from the automatic sprinkler system.

P. Section 903.4.2.1 of the International Building Code, 2018 Edition, is hereby enacted and reads as follows:

Occupant notification in sprinklered buildings. Where a new automatic fire sprinkler system is installed in a building that does not have a fire alarm system, occupant notification shall be provided. Occupant notification shall be provided in accordance with Section 907.5.

Exception: Occupant notification may be provided by an alternative method when approved by the fire code official.

Q. Section 903.3.5.3 of the International Building Code, 2018 Edition, is hereby enacted and reads as follows:

Main control valve access. The main control valve shall be accessible. To be considered accessible, a clear space 3 feet wide by 3 feet deep by 7 feet high shall be provided in front of the valve. Access to the clear space shall be provided by an unobstructed aisle not less than 3 feet wide and 7 feet high. The valve shall be operable from floor level.

R. Section 1023.9.1 of the International Building Code, 2018 Edition, is hereby amended to read as follows:

Signage requirements. Stairways should be identified using a method approved by the fire code official. Stairway identification signs shall comply with all of the following requirements:

1. The signs shall be a minimum size of 18 inches by 12 inches.

2. The letters designating the identification of the interior exit stairway and ramp shall be not less than 1 1/2 inches in height.

3. The number designating the floor level shall be not less than 5 inches in height and located in the center of the sign.

4. Other lettering and numbers shall be not less than 1 inch in height.

5. Characters and their background shall have a non-glare finish. Characters shall contrast with their background, with either light characters on a dark background or dark characters on a light background.

6. Where signs required by Section 1023.9 are installed in the interior exit stairways and ramps of buildings subject to Section 1025, the signs shall be made of the same materials as required by Section 1025.4.

S. Chapter 13 of the International Building Code, 2018 Edition, Energy Efficiency, is hereby deleted in its entirety.

T. Section 1809.5 of the International Building Code, 2018 Edition, is hereby amended with the addition of the following sentence:

Frost Protection. Except where otherwise protected from frost, foundations and other permanent supports of buildings and structures shall be protected from frost by one or more of the following methods:

1) Extending below the frost line of thirty-six (36) inches.

2) Constructing in accordance with ASCE 32.

3) Erecting on solid rock with support from a geo-technical report.

Exception: free standing, non-habitable buildings of light frame construction less than 400 square feet in floor area.

U. Section 3303.1 of the International Building Code, 2018 Edition, is hereby amended to read as follows:

Construction documents and permits. A permit must be obtained before any demolition. Construction documents and a schedule for demolition shall be submitted to the building official before any permit is issued. Work shall not be done until such permit is issued. The fee for a demolition permit will be set by a separate resolution passed by the Governing Body.

(Ord. 2674 § 1; Ord. 2423 § 1; Ord. 2349 § 1; 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. 2674 § 1; Ord. 2423 § 1; Ord. 2225 § 1; Ord. 2087 § 1. Code 1990 § 4-103)