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 Nickerson, 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 Nickerson;

(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 2008)

4-202. INTERNATIONAL BUILDING CODE INCORPORATED.

There is hereby adopted and incorporated by reference, for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, the International Building Code, 2012 Edition, as recommended by the International Conference of Building Officials, such code being made as a part of the ordinances and code of the city as if the same had been set out in full herein, all as authorized and in the manner prescribed by K.S.A. 12-3009 through 12-3012 including any amendments thereto. One copy of the International Building Code, 2012 Edition, shall be marked or stamped "Official Copy as Incorporated by the Code of the City of Nickerson," and shall be filed with the city clerk to be open to inspection and available to the public at all reasonable hours of business.

Any person violating any provision of such code shall be punished as provided in section 1-116 of this code. (Code 2014)

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 2008)

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 1987, 4-113; Code 2008)

4-205. BUILDING INSPECTOR; APPOINTMENT.

The mayor may assume the responsibilities of or appoint some qualified officer or employee of the city to be and perform the duties of building inspector as may be required, subject to the consent and approval of the governing body. (Code 2008)

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.

(Code 2008)

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 2008)

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 2008)

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 2008)

4-210. BUILDING PERMIT REQUIRED; APPLICATION; APPROVAL.

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, re-roof, or make structural changes to any building or structure, 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 obtained before work is commenced upon any building or structure or the foundation thereof, or before the removal of any building begins.

(Ord. 876, Sec. 2)

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 construction;

(6)    The kind of materials to be used for walls, floors, ceilings, roofs, and foundations;

(7)    The estimated cost of the work;

(8)    The date work will commence;

(9)    Expected date of completion;

(10)    Name and address of contractor or contractors doing the work;

(11)    Such other information as may be pertinent to the issuance of the required permit.

(b)    An application for a building permit shall be signed by the owner or his or her duly authorized agent, or a building contractor licensed by the city. If the application is made by the owner or his or her agent, it shall contain the name or names of the licensed contractor or contractors doing the work described, or a building permit may be issued to the owner upon his or her application disclosing satisfactory evidence that the proposed work will be performed by the owner, himself or herself and not by a licensed contractor, and likewise subject to the final approval of the building inspector for work performed.

(c)    Upon approval of the completed application and a determination that a permit should be issued, the chief building official or his or her assistant shall issue a permit to the owner or contractor authorizing the building work covered by the application.

(d)    Any permit issued under this section shall be valid and subsisting for a period of not more than six months from the date of issuance unless the permittee shall have commenced, within the period so limited, the building work authorized by such permit. Building work commenced for the purpose of this section shall mean the beginning of building work other than the preparation of plans or the staking out of the building location or the letting of a building contract.

(Code 2014)

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 2008)

4-213. GENERAL PERMIT FEES.

(a)    The city clerk shall cause a general permit fee to be assessed against individuals applying for a building permit in the city, the fee to be assessed and collected before the permit shall be issued. The fee shall be established by the following schedule:

$0	-	$500	$5.00
501	-	600	6.00
601	-	700	7.00
701	-	800	8.00
801	-	900	9.00
901	-	1,000	10.00
1,001	-	1,100	11.00
1,101	-	1,200	12.00
1,201	-	1,300	13.00
1,301	-	1,400	14.00
1,401	-	1,500	15.00
1,501	-	1,600	16.00
1,601	-	1,700	17.00
1,701	-	1,800	18.00
1,801	-	1,900	19.00
1,901	-	2,000	20.00
2,001	-	3,000	24.00
3,001	-	4,000	28.00
4,001	-	5,000	32.00
5,001	-	6,000	36.00
6,001	-	7,000	40.00
7,001	-	8,000	44.00
8,001	-	9,000	48.00
9,001	-	10,000	52.00
10,001	-	11,000	56.00
11,001	-	12,000	60.00
12,001	-	13,000	64.00
13,001	-	14,000	68.00
14,001	-	15,000	72.00
15,001	-	16,000	76.00
16,001	-	17,000	80.00
17,001	-	18,000	84.00
18,001	-	19,000	88.00
19,001	-	20,000	92.00
20,001	-	21,000	96.00
21,001	-	22,000	100.00
22,001	-	23,000	104.00
23,001	-	24,000	108.00
24,001	-	25,000	112.00
25,001	-	26,000	115.00
26,001	-	27,000	118.00
27,001	-	28,000	121.00
28,001	-	29,000	124.00
29,001	-	30,000	127.00
30,001	-	31,000	130.00
31,001	-	32,000	133.00
32,001	-	33,000	136.00
33,001	-	34,000	139.00
34,001	-	35,000	142.00
35,001	-	36,000	145.00
36,001	-	37,000	148.00
37,001	-	38,000	151.00
38,001	-	39,000	154.00
39,001	-	40,000	157.00
40,001	-	41,000	160.00
41,001	-	42,000	163.00
42,001	-	43,000	166.00
43,001	-	44,000	169.00
44,001	-	45,000	172.00
45,001	-	46,000	175.00
46,001	-	47,000	178.00
47,001	-	48,000	181.00
48,001	-	49,000	184.00
49,001	-	50,000	187.00
50,001	-	51,000	189.00
51,001	-	52,000	191.00
52,001	-	53,000	193.00
53,001	-	54,000	195.00
54,001	-	55,000	197.00
55,001	-	56,000	199.00
56,001	-	57,000	201.00
57,001	-	58,000	203.00
58,001	-	59,000	205.00
59,001	-	60,000	207.00
60,001	-	61,000	209.00
61,001	-	62,000	211.00
62,001	-	63,000	213.00
63,001	-	64,000	215.00
64,001	-	65,000	217.00
65,001	-	66,000	219.00
66,001	-	67,000	221.00
67,001	-	68,000	223.00
68,001	-	69,000	225.00
69,001	-	70,000	227.00
70,001	-	71,000	229.00
71,001	-	72,000	231.00
72,001	-	73,000	233.00
73,001	-	74,000	235.00
74,001	-	75,000	237.00
75,001	-	76,000	239.00
76,001	-	77,000	241.00
77,001	-	78,000	243.00
78,001	-	79,000	245.00
79,001	-	80,000	247.00
80,001	-	81,000	249.00
81,001	-	82,000	251.00
82,001	-	83,000	253.00
83,001	-	84,000	255.00
84,001	-	85,000	257.00
85,001	-	86,000	259.00
86,001	-	87,000	261.00
87,001	-	88,000	263.00
88,001	-	89,000	265.00
89,001	-	90,000	267.00
90,001	-	91,000	269.00
91,001	-	92,000	271.00
92,001	-	93,000	273.00
93,001	-	94,000	275.00
94,001	-	95,000	277.00
95,001	-	96,000	279.00
96,001	-	97,000	281.00
97,001	-	98,000	283.00
98,001	-	99,000	285.00
99,001	-	100,000	287.00

$100,000 -$500,000 -$287.00 for the first $100,000 plus $1.50 for each additional $1,000 or fraction thereof, to and including $500,000.

$500,000 and up -$887.00 for the first $500,000 plus $1.00 for each additional $1,000 or fraction thereof.

(b)    Commission of Contracted Building Inspector. When inspections are outside the scope of the city building inspector, the city shall utilize the services of a building inspector employed by the Institute for Building Technology and Safety (IBTS).

(c)    Contracted Building Inspector Fees. The building permit and inspection fees charged to the applicant shall be the amount charged to the city by the contracted building inspector. A $100.00 administration fee shall also be charged to the applicant and payable to the city. The general permit and inspection fees shall not apply when the city contracts with an inspector through IBTS.

(Ord. 715, Sec. 1:4; Code 2014; Ord. 2018-02)

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 2008)

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 2008)

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 2008)

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 with a minimum of 24 hours’ notice; after which such work shall be inspected promptly as hereinafter provided. (Code 2008)

4-218. INSPECTION FEE.

An initial inspection fee of $25.00, for $5,000 or less building permit, or $50.00 for a $5,001 or more building permit, payable at the time of purchase of said building permit, shall be paid before any building or construction work will be approved or a certificate of approval issued; provided, however, if a homeowner is doing his or her own work, only the initial inspection fee shall be required. (Ord. 875, Sec. 2; Code 2008)

4-219. BUILDER OR BUILDING CONTRACTOR INSURANCE.

A builder or building contractor shall procure and maintain a liability insurance policy in the amount of not less than $100,000 for the death or injury of any one person and not less than $300,000 for the death or injury of any number of persons in any one accident and not less than $50,000 for property damage in any one accident. Such policies of insurance shall be issued by some insurance company authorized to do business in the State of Kansas. A builder or building contractor may qualify as to the insurance requirements by filing a certificate with the city clerk executed by the resident agent of such company stating that the required policy of insurance has been issued by such company for the purpose required by this article and that such insurer will not cancel the policy except upon giving 30 days’ notice in writing to the city; and that the certificate shall be filed for an annual period beginning January 1 and ending December 31 of such year. (Code 2014)

4-220. 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 2008)

4-221. 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 2008)

4-222. SEVERABILITY.

If any section of the Uniform 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 2008)