Chapter IV · Buildings and Construction

ARTICLE 2. BUILDING CODE

Sections 4-201 to 4-229 · 30 sections

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 Kiowa, 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 Kiowa;

(c)Whenever the term “building official” is used in the building code, it shall be held to mean the city administrator or his or her authorized designee.

(Code 1977, 15.08.020; Code 1988)

4-202 International building code incorporated.

(a)The International Building Code, 2015 Edition, including all appendix chapters is hereby incorporated by reference herein and made a part of the Code of the City of Kiowa, Kansas, save, and except such portion as are hereinafter or may hereafter be deleted or amended, as authorized and in the manner prescribed by the provisions of K.S.A. 12-3010.

(b)Not less than two (2) copies of the Building Code incorporated by reference in Section 4-202 shall be filed with the City Clerk. Such copies shall be marked or stamped “Official Copy” as Incorporated by Ordinance No. 436 with all sections or portions thereof intended to be omitted clearly marked to show any such omissions. Such copies shall have attached a copy of this article, and shall be open to inspection and available to the public during all reasonable business hours.

(Code 1997; Ord. 384; Code 2015; Ord. 436)

4-203a Same; deletions.

(a)Section 105.2.3 is hereby deleted in its entirety.

(b)Section 103 is hereby deleted in its entirety.

(c)Section 110.3.3 is hereby deleted in its entirety.

(d)Section 110.3.5 is hereby deleted in its entirety.

(e)Section 305.2 is hereby deleted in its entirety.

(f)Chapter 11 is hereby deleted in its entirety.

(Code 1988; Ord. 384; Code 2015; Ord. 436)

4-203b Same; amendments.

Changes, additions, and deletions to sections of the International Building Code, 2015 Edition and the appendices thereto are adopted only as set forth hereinafter:

(a)101.1 Title. These regulations shall be known as the Building Code of the City of Kiowa, hereinafter referred to as the “building code,” the “I.B.C.”, or “this code.”

(b)Section 101.4 is hereby amended by adding a new Section 101.4, which shall read as follows:

101.4 Reference Codes.

101.4.1 Electrical. Whenever used in the Building Code, the term “ICC Electrical Code” shall be construed to mean the current City of Kiowa Electrical Code or Electric Code currently adopted by the City of Kiowa.

101.4.2 Gas. Whenever used in the Building Code, the term “International Fuel Gas Code” shall be construed to mean the current City of Kiowa Plumbing or Fuel Gas Code or Fuel Gas Code currently adopted by the City of Kiowa.

101.4.3 Mechanical. Whenever used in the Building Code, the term “International Mechanical Code” shall be construed to mean the current City of Kiowa Mechanical Code or Mechanical Code currently adopted by the City of Kiowa.

101.4.4 Plumbing. Whenever used in the Building Code, the term “International Plumbing Code” shall be construed to mean the current City of Kiowa Plumbing Code or Plumbing Code currently adopted by the City of Kiowa.

101.4.5 Residential Building. Whenever used in the Building Code, the term “International Existing Residential Building Code” shall be construed to mean the current City of Kiowa Residential Building or Existing Residential Building Codes currently adopted by the City of Kiowa.

101.4.6 Fire. Whenever used in the Building Code, the term “International Fire Code” shall be construed to mean the current City of Kiowa Fire Code or Existing Fire Codes currently adopted by the City of Kiowa.

(c)Section 105 Permits is amended to include new section 105.2.1 which shall read as follows:

105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:

Building:

1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 100 square feet.

(d)Section 113 Board of Appeals shall be amended to read as follows:

113 Board of Appeals. In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this code, the City Governing Body is hereby authorized to act as a Board of Appeals.

D. Section 114.4 Violation penalties shall be amended to read as follows:

114.4 Violation penalties. Persons who shall violate any provision of this code, or shall fail to comply with any of the requirements thereof, or who shall erect, install, alter or repair work in violation of the approved construction documents or directive of the Building Official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $500.00 (five hundred) dollars, or by imprisonment not exceeding 30 (thirty) days, or both such fine and imprisonment. Each day a violation continues after due notice has been served shall be deemed a separate offense.

(Ord. 384; Code 2015; Ord. 436)

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 city administrator. The city administrator 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 city administrator shall prepare such application, permit, inspection and record forms as may be required for the purposes of the article. The city administrator 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 1988)

4-205 Building inspector; appointment.

The city administrator 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 1988)

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 1988)

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 1988)

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 1988)

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 1988)

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, 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.

(Code 1977, 15.04.010; Code 1988)

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)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 1977, 15.04.010; Code 1988)

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 1988)

4-213 Same; fees.

The fee for a building permit shall as set in the city’s fee resolution. 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.

(Code 1977, 15.04.020; Code 1988; Code 2015)

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 1988)

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 1988)

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 1988)

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 1988)

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 1988)

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 1988)

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 1988)

4-221 Contractors defined.

A contractor shall be defined as a person or company that performs a service-for-hire for the City of Kiowa, while not an hourly or salaried employee of the City.

(Ord. 324; Ord. 404; Code 2015)

4-222 Contractor’s insurance.

Before engaging in business with the City, a contractor shall provide evidence of insurance for General Liability with limits not less than $500,000 per occurrence and $1,000,000 aggregate, or $500,000 bodily injury per person with $500,000 per accident for bodily injury and $500,000 per occurrence for property damage. Such policies of insurance shall be issued by an insurance company authorized to do business in the State of Kansas. Contractor may qualify as to the insurance requirements by filing a certificate with the Kiowa City Clerk executed by the insurance agent of the contractor 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.

(Ord. 324; Ord. 404; Code 2015)

4-223 Business auto liability.

Limits of not less than $500,000 combined single limit per occurrence. Contractor’s business auto liability shall include hired and non-owned auto liability. Such policies of insurance shall be issued by an insurance company authorized to do business in the State of Kansas. Contractor may qualify as to the insurance requirements by filing a certificate with the Kiowa City Clerk executed by the insurance agent of the contractor 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.

(Ord. 404; Code 2015)

4-224 Workers compensation insurance.

If required by the State of Kansas, Contractor shall have Workmen’s Compensation Insurance as required by Statute of the State of Kansas. Such policies of insurance shall be issued by an insurance company authorized to do business in the State of Kansas. Contractor may qualify as to the insurance requirements by filing a certificate with the Kiowa City Clerk executed by the insurance agent of the contractor 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.

(Ord. 404; Code 2015)

4-225 Insurance company rating.

Such insurance policy to be placed with an insurance company with an A.M. Best Co. Rating of not less than B+.

(Ord. 404; Code 2015)

4-226 Certificates of habitation and occupancy.

Upon the passage of Ordinance No. 364, Certificates of Occupancy and Habitation shall be deemed issued and in effect for all existing buildings and structures within the corporate limits of the City of Kiowa, Kansas. Subsequent to the passage of this Section, Certificates of Occupancy and Habitation shall be deemed issued and in effect for all existing buildings and structures annexed into the corporate limits of the City of Kiowa, Kansas.

No new building or structure shall be occupied or no change in the character or use of land or of a building shall occur, without a valid Certificate of Occupancy and Habitation issued by the City certifying that such building or use is in compliance with the provisions of this Section and all other applicable city regulations, codes and ordinances, including structure location and foundation and pad elevations contained in any applicable Planned Unit Development document or on the face of any applicable plat. A Certificate of Occupancy and Habitation that shall contain the following:

(a)The building permit number.

(b)The address of the structure.

(c)The name of the owner.

(d)A statement that the Certificate of Occupancy and Habitation is subject to on-going compliance with the various ordinances of the City of Kiowa, Kansas regulating building use and habitability.

A Certificate of Occupancy and Habitation may be withdrawn in writing by the City if a building, structure or use is found in noncompliance with the provisions of this Section and all other applicable city regulations, codes and ordinances.

Notice of the withdrawal a Certificate of Occupancy and Habitation shall be given to all owners and occupants of said building or other structure by immediately posting a copy of the written withdrawal of said Certificate of Occupancy and Habitation on the front door of said building or other structure and mailing a copy of said written notice to the person(s) or entity listed as receiving utility services at said building or other structure from the City of Kiowa. Said written notice shall also contain the appeal provisions provided within this Section.

(Ord. 364; Code 2015)

4-227 Same; appeal.

Withdrawal of a Certificate of Occupancy may be appealed in writing to the City Administrator of Kiowa, Kansas within five (5) days. The appeal must be in the form of a written request, setting forth the grounds for the appeal and the mailing address of the person(s) or entity making the appeal, which shall be filed with the City Clerk. The City Clerk shall schedule the appeal hearing to take place during the next ten (10) days, before the City Administrator. Written notice of the appeal hearing shall be given to the appellant by mailing the same to the address provided in the written request. Unless otherwise noted by the City Administrator, the withdrawal of a Certificate of Occupancy and Habitation shall remain in effect during the pendency of the appeal. The decision of the City Administrator on the appeal shall be final and in writing.

(Ord. 364; Code 2015)

4-228 Same; unlawful acts.

Except to construct, inspect, repair or demolish, it is unlawful for any person to enter, remain within or otherwise occupy any building or structure for which a Certificate of Occupancy and Habitation has not been issued or has been withdrawn. It is further unlawful for the parent, guardian or other person having the care and custody of a minor under the age of eighteen years to permit said minor to enter, remain within or otherwise occupy any building or structure for which a Certificate of Occupancy and Habitation has not been issued or has been withdrawn.

(Ord. 364; Code 2015)

4-229 Same; penalty.

Any person violating section 4-228, or causing, permitting or suffering the same to be done, is guilty of a misdemeanor and shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment of not more than six (6) months or both such fine and imprisonment. Each day that any such violation continues shall constitute a separate offense. Criminal prosecution shall be conducted within the City’s municipal court.

(Ord. 364; Code 2015)