Sec. 6-101 Minimum standards.
Sec. 6-102
Sec. 6-103 Copies of standard code on file.
Sec. 6-104 Construction Board of Appeals.
Sec. 6-105 Dangerous or unsafe structures.
Sec. 6-106 Permit Fees.
Sec. 6-107 Interpretation
of rules.
Sec. 6-108 Penalty for violation of article.
Sec. 6-109 Amendments and supplements..
Article
IA.
Sec. 6-1A01 Minimum standards.
Sec. 6-1A02 International Property Maintenance
Code-Adopted.
Sec. 6-1A03 Copies of code on file.
Sec. 6-1A04 Construction Board of Appeals.
Sec. 6-1A05 Dangerous or unsafe structures.
Sec. 6-1A06 Permit Fees.
Sec. 6-1A07 Interpretation of rules.
Sec. 6-1A08 Penalty for violation of article.
Sec. 6-1A09 Amendments.
Article II. International Plumbing Code
Sec. 6-201 Minimum standards.
Sec. 6-202 International Plumbing
Code-Adopted.
Sec. 6-203 Copies of standard code on file.
Sec. 6-204 Construction
Board of Appeals.
Sec. 6-205 Exemptions from article provisions.
Sec. 6-206 Permit Fees.
Sec. 6-207 Interpretation
of rules.
Sec. 6-208 Penalty
for violation of article.
Sec. 6-209 Amendments.
Article IIA. International Mechanical Code
Sec. 6-2A01 Minimum standards.
Sec. 6-2A02 International Mechanical Code-Adopted.
Sec. 6-2A03 Copies of standard code on file.
Sec. 6-2A04 Construction Board of Appeals.
Sec. 6-2A05 Exemptions
from article provisions.
Sec. 6-2A06 Permit Fees.
Sec. 6-2A07 Interpretation of rules.
Sec. 6-2A08 Penalty
for violation of article.
Sec. 6-2A09 Amendments.
Article III. National Electrical Code
Sec. 6-301 Minimum standards.
Sec. 6-302 National Electrical Code-Adopted.
Sec. 6-303 Copies of standard code on file.
Sec. 6-304 Construction Board of Appeals.
Sec. 6-305 Permit fees.
Sec. 6-306 Exemptions from article provisions.
Sec. 6-307 Interpretation of rules.
Sec. 6-308 Penalty for violation of article.
Sec. 6-309 Amendments.
Article IV. International Residential One & Two
Family Dwelling Code
Sec. 6-401 Minimum Standards.
Sec. 6-402 International Residential One &
Two Family Dwelling Code, adopted.
Sec. 6-403 Copies of standard code on file.
Sec. 6-404 Construction Board of Appeals.
Sec. 6-405 Dangerous or unsafe structures.
Sec. 6-406 Permit Fees.
Sec. 6-407 Interpretation of rules.
Sec. 6-408 Penalty for violation of article.
Sec. 6-409 Amendments and Supplements.
Article V. Numbering of buildings
Sec. 6-501 House numbers required.
Sec. 6-502 Odd and even house numbers.
Sec. 6-503 East and west numbers.
Sec. 6-504 North and south numbers.
Sec. 6-505 Street prefixes.
Sec. 6-506 Placement of numbers by owner;
size.
Sec. 6-507 New buildings.
Sec. 6-508 Exceptions to system.
Sec. 6-509 Penalty for violation of article.
Article VI. Dangerous, Unsafe, and Blighted Structures
Sec. 6-601 Purpose.
Sec. 6-602 Definitions.
Sec. 6-603 Enforcing Officer; Duties.
Sec. 6-604 Determination of Structure.
Sec. 6-605 Procedure; Petition.
Sec. 6-606 Notice.
Sec. 6-607 Publication.
Sec. 6-608 Hearing, Order.
Sec. 6-609 Duty of Owner.
Sec. 6-610 Failure to Comply.
Sec. 6-611 Make Site Safe.
Sec. 6-612 Assessment of Costs.
Sec. 6-613 Immediate Hazard.
Sec. 6-614 Appeals From Order.
Sec. 6-615 Scope of Ordinance.
Article VII. Permit Fees
Sec. 6-701 Fees.
Sec. 6-702 All
New Construction.
Sec. 6-703 Residential
and Commercial Remodels.
Sec. 6-704 Manufactured
Homes.
Sec. 6-705 Other
Fees.
Sec. 6-706 Plan
Review Fee.
Sec. 6-707 Reinspection
And After Hour Fees.
Article VIII. Licensing & Fee Procedures for
General
Contractors, Electricians, Plumbers & HVAC Mechanics
Sec. 6-801 Purpose.
Sec. 6-802 Definitions.
Sec. 6-803 Urban Growth Area.
Sec. 6-804 General Provisions.
Sec. 6-805 Exemptions.
Sec. 6-806 Continuing Education.
Sec. 6-807 Implementation of Class A, B, C, R,
S, & SP Contractors Occupational License.
Sec. 6-808 License Approval, and Issuance.
Sec. 6-809 Application.
Sec. 6-810 Insurance.
Sec. 6-811 Renewal of License.
Sec. 6-812 Fees.
Sec. 6-813 Revocation of Occupational License.
Sec. 6-814 Reinstatement of License.
Article IX. Private Sewage Disposal Code
Sec. 6-901 Minimum standards.
Sec. 6-902 Private Sewage Disposal
Code-Adopted.
Sec. 6-903 Copies of ordinance on file.
Sec. 6-904 Construction Board of Appeals.
Sec. 6-905 Permit fees.
Sec. 6-906 Interpretation of rules.
Sec. 6-907 Penalty for violation of article.
Sec. 6-908 Fee Refunds.
Sec. 6-909 Permit Issuance.
Sec. 6-910 Exemptions from permit issuance.
Article X. International Fuel Gas Code
Sec. 6-1001 Minimum standards.
Sec. 6-1002 International Fuel Gas Code-Adopted.
Sec. 6-1003 Copies of standard code on file.
Sec. 6-1004 Construction Board of Appeals.
Sec. 6-1005 Exemptions from article provisions.
Sec. 6-1006 Permit Fees.
Sec. 6-1007 Interpretation of rules.
Sec. 6-1008 Penalty for violation of article.
Sec.
6-1009 Amendments.
Article XI. International Energy Conservation Code
Sec. 6-1101 Minimum standards.
Sec. 6-1102 International Energy Conservation
Code-Adopted.
Sec. 6-1103 Copies of standard code on file.
Sec. 6-1104 Construction Board of Appeals.
Sec. 6-1105 Permit fees.
Sec. 6-1106 Interpretation of rules.
Sec. 6-1107 Penalty for violation of article.
Sec.
6-1108 Amendments.
State law reference-Adoption of codes by
reference, K.S.A. 12-3301 et seq.
ARTICLE I. INTERNATIONAL BUILDING CODE
Sec.
6-101 Minimum standards.
This
article, including the standard code adopted hereby and amendments thereto
incorporated by reference, shall constitute the minimum standards for the
construction, reconstruction, alteration, remodeling, use, occupancy, location
or maintenance of buildings and structures.
REVISED: (Ord. No. 3393-02, 01-16-02;
Ord. No. 3695-08, 09-17-08)
Sec.
6-102
The "International Building Code, 2006 Edition", published by the International Code Council, Inc., and all amendments, supplements and Appendix Chapters C, I, J, & K, thereto, is hereby incorporated by reference and made a part hereof as if fully set out herein save and except certain parts, sections or portions thereof specifically referred to and omitted there from or as amended or modified herein. The "Standard Code" or "Building Code" hereinafter referred to in this section is the "International Building Code, 2006 Edition", of the International Code Council Inc., 500 New Jersey Avenue NW 6th Floor Washington DC 20001, and is hereby incorporated by reference as the Building Code of the City of Ottawa, Kansas.
REVISED: (Ord. No. 2491-90, 03-20-74;
Ord. No. 3206-96, 12-18-96; Ord. No. 3207-96, 12-18-96; Ord. No. 3393-02,
01-16-02; Ord. No. 3695-08, 09-17-08)
Sec.
6-103 Copies of standard code on file.
One
copy of the standard code with supplements and amendments are filed in the office
of the city clerk and identified, marked or stamped as provided by statute
K.S.A. 12-3010, shall be filed with the City Clerk and shall be open to
inspection and available to the public during reasonable business hours. The aforesaid code is hereby incorporated by
reference as fully as if set out at length herein, and the provisions thereof,
unless otherwise specifically provided for in this article, shall be
controlling with respect to all subjects and matters therein contained within
the corporate limits of the city and the Urban Growth Area.
REVISED: (Ord. No. 3393-02, 01-16-02;
Ord. No. 3695-08, 09-17-08)
Sec.
6-104 Construction Board of Appeals.
The City of Ottawa hereby establishes an Construction
Board of Appeals to hear and decide appeals of orders, decisions or
determinations made by the Code Inspector(s) relative to the application and
interpretation of the International Residential One and Two Family Dwelling
Code, the International Building Code, the International Energy Conservation Code,
the International Fuel Gas Code, the International Mechanical Code, the
International Plumbing Code, the International Private Sewage Disposal Code,
the International Property Maintenance Code, the National Electrical Code, the
International Fire Code presently adopted by the City of Ottawa.
The powers and duties of the board shall be to hear
evidence on complaints of violations filed by the Code Inspector(s) and to
determine the issues of law. The Board
of Appeals shall have no authority relative to interpretation of the
administrative provisions of these codes, nor shall the board be empowered to
waive requirements of these codes.
Membership of Board: The board of appeals shall consist of seven (7) members, comprised of two (2) electricians, (one of which must be a master electrician); two (2) plumbers or HVAC, (one of which must be a master plumber); two (2) general contractors and one (1) architect/engineer all of whom shall be appointed by the governing body and shall serve a four-year term, with first appointments on a staggered basis. No member of the board of appeals shall serve more than two (2) consecutive terms. Vacancies shall be filled by appointment for the unexpired terms only.
Qualifications of Board Members: The board shall consist of members who are
qualified by experience and training to rule on matters pertaining to building
construction and who are not employees of the jurisdiction. Any member of the board who is engaged as a
contractor, materials supplier or in the preparation of plans and
specifications or in which they have any personal interest shall abstain from
any decision making on the question in hand.
Board Chairperson, Vice Chairperson, Secretary: The board shall select one (1) of its members
to serve as chairperson and one (1) of its members to serve as
vice-chairperson. The Code Inspector(s)
shall be an ex-officio member and shall act as secretary to said board, but
shall have no vote on any matter before the board. The secretary shall keep detailed records of
all proceedings on file in the office of the code inspector(s). The board shall render all decisions and
findings in writing to the appellant with a duplicate copy to the code
inspector(s).
REVISED: (Ord. No.
3185-96, 04-03-96; Ord. No. 3393-02, 1-16-02; Ord. No. 3411-02, 04-17-02; Ord.
No. 3473-04, 05-05-04; Ord. No. 3695-08, 09-17-08)
Sec.
6-105 Dangerous or unsafe structures.
Determination
of, and condemnation of, dangerous or unsafe structures shall be governed by
Ordinance 3202-96, Chapter VI, Article VI of the Municipal Code.
REVISED: (Ord. No. 3393-02, 01-16-02;
Ord. No. 3695-08, 09-17-08)
Sec. 6-106.
Permit fees.
Permit fees shall be set by resolution.
REVISED: (Ord. No. 3393-02, 01-16-02;
Ord. No. 3695-08, 09-17-08)
Sec. 6-107.
Interpretation of rules.
In case of any difference of opinion in regard to the
meaning of any of the rules mentioned or provided for in this article, the
decision of the codes inspector shall be observed.
REVISED: (Ord. No. 3393-02, 01-16-02;
Ord. No. 3695-08, 09-17-08)
Sec. 6-108.
Penalty for violation of article.
Any person, firm, or corporation violating any
provisions of this article shall be deemed guilty of an Class B misdemeanor
and, upon conviction thereof, shall be punishable by a fine of not less than
$50.00 nor more than $500.00, or by imprisonment not to exceed 30 days, or by
both such fine and imprisonment. Each
separate day or part thereof shall constitute a separate offense.
REVISED: (Ord. No. 3393-02, 01-16-02;
Ord. No. 3695-08, 09-17-08)
Sec. 6-109.
Amendments and supplements.
The following are the revisions to the International
Building Code adopted in Section 6-102.
Section
101.4.4 – Change last sentence to
read as follows: The provisions of the City of
Section
103 – Department of Building Safety -- Change to read as Planning & Codes
Department.
Section
103.1 – Creation of enforcement agency -- Replace department of building safety with Planning &
Codes Department.
Section 103.2 –
Appointment -- Delete this
section in its entirety.
Section 105.2 – Work
exempt from permit -- Delete
numbers 1, 2, and 5.
Section 105.2 – Work exempt from permit – Add numbers 14 and 15 to read as follows:
14. Any
building or structure used exclusively as an agricultural building in the Urban
Growth Area in
15. Fences
used exclusively for an agricultural use including the use of barbwire.
Section 105.3 – Change number 6 to read as follows: Be signed by the owner or the owner’s
authorized agent.
Section
108.6 – Refunds -- Delete this
section in its entirety and replace it with the following:
The
Planning & Codes Director may authorize refunding of any fee paid hereunder
which was erroneously paid or collected.
The Planning & Codes Director may authorize
refunding of not more than 80 percent of the permit fee paid when no work has
been done under a permit issued in accordance with this code.
The Planning & Codes Director may authorize
refunding of not more than 80 percent of the plan review fee paid when an
application for a permit for which a plan review fees has been paid is
withdrawn or canceled before any plan reviewing is done.
The Planning & Codes shall not authorize refunding
of any fee paid except on written application filed by the original permittee
not later than 180 days after the date of fee payment.
Section
112 – Board of Appeals – Delete this section in its entirety.
Chapter 11 – Accessibility – Delete this chapter in its entirety and replace with the
following:
Accessibility
shall be based on the Federal Guidelines of the Americans With Disabilities Act
as required by
Section 3401.3 – Replace “International Private Sewage Disposal Code” with
“City of
Section 3410.2 – Insert the following date:
November 7, 1979.
Section K401.3 – Permits Required – Add 6.
Agricultural buildings in the Urban Growth Area shall be exempt from
electrical permits.
REVISED: (Ord. No. 2491-91, 03-20-74; Ord. No. 3206-96, 12-18-96; Ord. No. 3207-96, 12-18-96; Ord. No. 3393-02, 1-16-02; Ord. No. 3599-06, 10-18-06; Ord. No. 3695-08, 09-17-08)
ARTICLE
IA.
Sec. 6-1A01
Minimum standards.
This article, including the standard code and
amendments thereto incorporated by reference, shall constitute the minimum
standards for the effective control of housing conditions in the city.
REVISED: (Ord. No. 3395-02, 1-16-02;
Ord. No. 3699-08, 09-17-08)
Sec. 6-1A02
International Property Maintenance Code - Adopted.
The “International Property Maintenance Code, 2006
Edition”, published by the International Code Council, Inc., and all
amendments, supplements and appendices thereto, is hereby incorporated by
reference and made apart hereof as if fully set out herein save and except
certain parts, sections or portions thereof specifically referred to and
omitted there from or as amended or modified herein. The “Standard Code” or “Property Maintenance
Code” hereinafter referred to in this section is the “International Property
Maintenance Code, 2006 Edition”, of the International Code Council Inc.,
500 New Jersey Avenue, NW 6th
Floor Washington DC 20001,and is hereby incorporated by reference as the
Property Maintenance Code of the City of Ottawa, Kansas.
REVISED: ( Ord. No. 2834-86,
10-01-86; Ord. No. 3395-02, 1-16-02; Ord. No. 3699-08, 09-17-08)
Sec. 6-1A03
Copies of code on file.
One
copy of the standard code with supplements and amendments are filed in the
office of the city clerk and identified, marked or stamped as provided by
statute K.S.A. 12-3010, shall be filed with the City Clerk and shall be open to
inspection and available to the public during reasonable business hours. The aforesaid code is hereby incorporated by
reference as fully as if set out at length herein, and the provisions thereof,
unless otherwise specifically provided for in this article, shall be
controlling with respect to all subjects and matters therein contained within
the corporate limits of the city and the Urban Growth Area.
REVISED: (Ord. No. 3395-02, 1-16-02;
Ord. No. 3699-08, 09-17-08)
Sec.
6-1A04 Construction Board of Appeals.
As referenced and adopted by the City of
REVISED: (Ord. No. 3395-02, 1-16-02; Ord. No. 3473-04,
05-05-04; Ord. No. 3699-08, 09-17-08)
Sec.
6-1A05 Dangerous or unsafe structures.
Determination
of, and condemnation of, dangerous or unsafe structures shall be governed by
Ordinance 3202-96, Chapter VI, Article VI of the Municipal Code.
REVISED: (Ord. No. 3395-02, 1-16-02;
Ord. No. 3699-08, 09-17-08)
Sec. 6-1A06.
Permit fees.
Permit fees shall be set by resolution.
REVISED: (Ord. No. 3699-08, 09-17-08)
Sec. 6-1A07.
Interpretation of rules.
In case of any difference of opinion in regard to the
meaning of any of the rules mentioned or provided for in this article, the
decision of the codes inspector shall be observed.
REVISED: (Ord. No. 3699-08, 09-17-08)
Sec. 6-1A08
Penalty for violation of article.
Any person, firm, or corporation violating any
provisions of this article shall be deemed guilty of an Class B misdemeanor
and, upon conviction thereof, shall be punishable by a fine of not less than
$50.00 nor more than $500.00, or by imprisonment not to exceed 30 days, or by
both such fine and imprisonment. Each separate
day or part thereof shall constitute a separate offense.
REVISED: (Ord. No. 3395-02, 1-16-02;
Ord. No. 3699-08, 09-17-08)
Sec. 6-1A09
Amendments.
The following are the revisions to the International
Property Maintenance Code adopted in Section 6-1A02.
Substitute "code
official" with "codes inspector" throughout the entire code
book.
Section 103.2 –
Appointment - Delete this section in its entirety.
Add
Section 103.7 – Refunds – this
section shall read as follows:
The
Planning & Codes Director may authorize refunding of any fee paid hereunder
which was erroneously paid or collected.
The Planning & Codes Director may authorize
refunding of not more than 80 percent of the permit fee paid when no work has
been done under a permit issued in accordance with this code.
The Planning & Codes Director may authorize
refunding of not more than 80 percent of the plan review fee paid when an
application for a permit for which a plan review fees has been paid is
withdrawn or canceled before any plan reviewing is done.
The Planning & Codes Director shall not authorize
refunding of any fee paid except on written application filed by the original
permittee not later than 180 days after the date of fee payment.
Section 110 –
Demolition -
Delete this section in its entirety.
Section 111 –
Means of Appeal - Delete it in its entirety.
Add Section 112
– Tenant Responsibilities
Add Section
112.1 – Duties of tenant. The
tenant shall:
(a) Comply with all obligations primarily imposed upon tenants by
applicable provisions of building and housing codes materially affecting health
and safety;
(b) Keep the part of the premises that such tenant occupies and uses
as clean and safe as the condition of the premises permit;
(c) Remove from such tenant’s dwelling unit all ashes, rubbish,
garbage and other waste in a clean and safe manner;
(d) Keep all plumbing fixtures in the dwelling unit or used by the
tenant as clean as their condition permits;
(e) Use in a reasonable manner all electrical, plumbing, sanitary,
heating, ventilating, air-conditioning and other facilities and appliances,
including elevators in the premises.
State law
reference – Duties
of Tenant, K.S.A. 58-2555
Add Section 113
– Landlord Responsibilities
Add Section
113.1 – Duties of Landlord. Except
when prevented by an act of God, the failure of public utility services or
other conditions beyond the landlord’s control, the landlord shall:
(1) Comply with the requirements of applicable building and housing
codes materially affecting health and safety of the occupants of the structure.
(2) Maintain in good and safe working order and condition – all
electrical, plumbing, sanitary, heating, ventilating and air-conditioning
appliances including elevators supplied.
(3) Provide and maintain on the grounds appropriate receptacles and
conveniences for the removal of ashes, garbage, rubbish and other waste
incidental to the occupancy of the dwelling unit or other commercial structure
and arrange for their removal.
(4) Supply running water and reasonable amounts of hot water at all
times and reasonable heat during cold weather.
(5) Nothing in this section shall be construed as abrogating,
limiting or otherwise affecting the obligation of a tenant to pay for any
utility or trash service in accordance with the provisions of the rental
agreement.
State law
reference – Duties
of landlord; agreement that tenant perform landlord’s duties; limitations, K.S.A.
58-2553
Add Section
113.2 – Certain retaliatory actions by landlord prohibited. Landlord may not retaliate by increasing rent
or decreasing services after the tenant has complained to the City of Ottawa
Planning & Codes Department for inspection and enforcement of building and
housing codes, violations applicable to the premises materially affecting
health and safety.
State law reference – certain retaliatory actions by landlord prohibited; remedies;
increased rent, when, action for possession, when. K.S. A. 58-2572
Section 302.4 –
Weeds -
Delete it in its entirety.
REVISED: (Ord. No. 2834-86, 10-01-86; Ord. No. 3395-02,
1-16-02; Ord. No. 3699-08, 09-17-08)
ARTICLE II.
INTERNATIONAL PLUMBING CODE
Sec. 6-201
Minimum standards.
This article, including the standard code and
amendments thereto incorporated by reference, shall constitute the minimum
standards for plumbing in new construction, reconstruction, alteration,
remodeling, use, occupancy, location or maintenance of buildings and structures
in the city.
REVISED: (Ord. No. 3394-02, 1-16-02; Ord. No. 3697-08,
09-17-08)
Sec. 6-202
International Plumbing Code -Adopted.
The "International Plumbing Code, 2006 Edition", published by the International Code Council, Inc., and all amendments, supplements and appendices thereto, is hereby incorporated by reference and made a part hereof as if fully set out herein save and except certain parts, sections or portions thereof specifically referred to and omitted there from or as amended or modified herein. The "Standard Code" or "Plumbing Code" hereinafter referred to in this section is the "International Plumbing Code, 2006 Edition", of the International Code Council Inc 500 New Jersey Avenue N.W., 6th floor, Washington DC 20001, and is hereby incorporated by reference as the Plumbing Code of the City of Ottawa, Kansas.
*Cross reference-Sanitary nuisance, § 10-601 et seq; utilities, ch 14.
State law references-Plumber's licensure, K.S.A. 12-108 et seq; heating, ventilation and
air conditioning contractors, K.S.A. 12-1540 et seq.
REVISED: (Ord. No. 2491-90; Ord. No. 3206-96, 12-18-96; Ord.
No. 3207-96, 12-18-96; Ord. No. 3239-97, 08-20-97; Ord. No. 3394-02, 1-16-02;
Ord. No. 3697-08, 09-17-08)
Sec. 6-203
Copies of standard code on file.
One
copy of the standard code with supplements and amendments are filed in the
office of the city clerk and identified, marked or stamped as provided by
statute K.S.A. 12-3010, shall be filed with the City Clerk and shall be open to
inspection and available to the public during reasonable business hours. The aforesaid code is hereby incorporated by
reference as fully as if set out at length herein, and the provisions thereof,
unless otherwise specifically provided for in this article, shall be
controlling with respect to all subjects and matters therein contained within
the corporate limits of the city and the Urban Growth Area.
REVISED: (Ord. No. 3394-02, 1-16-02; Ord. No. 3697-08,
09-17-08)
Sec. 6-204 Construction Board of Appeals.
As referenced and adopted by the City of
REVISED: (Ord. No. 3394-02, 1-16-02; Ord. No. 3411-02, 04-17-02; Ord. No. 3473-04, 05-05-04; Ord. No. 3697-08,
09-17-08)
Sec. 6-205
Exemptions from article provisions.
The provisions of this article shall not apply to:
(1) Employees
of the utilities department in the performance of work for such department.
REVISED: (Ord. No. 3394-02, 1-16-02; Ord. No. 3697-08,
09-17-08)
Sec. 6-206
Permit fees.
Permit fees shall be set by resolution.
REVISED: (Ord. No. 3394-02, 1-16-02; Ord. No. 3697-08,
09-17-08)
Sec. 6-207
Interpretation of rules.
In case of any difference of opinion in regard to the
meaning of any of the rules mentioned or provided for in this article, the
decision of the codes inspector shall be observed.
REVISED: (Ord. No. 3394-02, 1-16-02; Ord. No. 3697-08,
09-17-08)
Sec. 6-208
Penalty for violation of article.
Any person, firm, or corporation violating any
provisions of this article shall be deemed guilty of an Class B misdemeanor
and, upon conviction thereof, shall be punishable by a fine of not less than
$50.00 nor more than $500.00, or by imprisonment not to exceed 30 days, or by
both such fine and imprisonment. Each
separate day or part thereof shall constitute a separate offense.
REVISED: (Ord. No. 3394-02, 1-16-02; Ord. No. 3697-08,
09-17-08)
Sec. 6-209 Amendments.
The following are the revisions to the International
Plumbing Code adopted in Section 6-202:
Substitute
“code official” with “codes inspector”.
Section 103.2 – Appointment – Delete this section in its entirety.
Section 106.5 – Permit Issuance -- Add No permit shall be issued to any person to do or
cause to be done any work regulated by this code, except to a person holding a
valid City of Ottawa, Kansas, Master Plumber occupational license or a licensed
journeyman authorized by the master as required by Article VIII, except when
and as otherwise hereinafter provided in this section.
Section 106.5.7 -- Add Plumbing work; who may
perform. All plumbing work done in the city shall be performed
by a master plumber or by a journeyman plumber.
Journeyman plumbers shall not be permitted to do plumbing work for
others except under the supervision of a master plumber. Two apprentice plumbers shall be permitted to
work under the direct supervision and immediate presence of one licensed master
plumber or one licensed journeyman plumber.
Or as described in Section 106.5, Homeowner Permit Issuance, of the
International Residential One and Two Family Dwelling Code.
Section
106.6.2- Fee Schedule- Delete this section
in its entirety.
Section 106.6.3 – Fee refunds – Delete this section in its entirety and replace with the
following:
The
Planning & Codes Director may authorize refunding of any fee paid hereunder
which was erroneously paid or collected.
The Planning & Codes Director may authorize
refunding of not more than 80 percent of the permit fee paid when no work has
been done under a permit issued in accordance with this code.
The Planning & Codes Director may authorize
refunding of not more than 80 percent of the plan review fee paid when an
application for a permit for which a plan review fees has been paid is
withdrawn or canceled before any plan reviewing is done.
The Planning & Codes Director shall not authorize
refunding of any fee paid except on written application filed by the original
permittee not later than 180 days after the date of fee payment.
Section 109 – Means of Appeal – Delete this section in its entirety.
Appendix A
-- Plumbing Permit Fee Schedule-- Delete this section in its entirety.
REVISED: (Ord.
No. 2491-90, 03-20-74; Ord. No. 3206-96, 12-18-96; Ord. No. 3207-96, 12-18-96;
Ord. No.3239-97, 08-20-97; Ord. No. 3394-02, 1-16-02; Ord. No. 3435, 2-19-03;
Ord. No. 3697-08, 09-17-08)
ARTICLE IIA.
INTERNATIONAL MECHANICAL CODE
Sec. 6-2A01
Minimum standards.
This article, including the standard code and
amendments thereto incorporated by reference, shall constitute the minimum
standards for HVAC in new construction, reconstruction, alteration, remodeling,
use, occupancy, location or maintenance of buildings and structures in the
city.
REVISED: (Ord. No. 3396-02, 1-16-02; Ord. No. 3698-08,
09-17-08)
Sec. 6-2A02
International Mechanical Code-Adopted.
The "International Mechanical Code, 2006 Edition", published by the International Code Council, Inc., and all amendments, supplements and appendices thereto, is hereby incorporated by reference and made a part hereof as if fully set out herein save and except certain parts, sections or portions thereof specifically referred to and omitted there from or as amended or modified herein. The "Standard Code" or "Mechanical Code" hereinafter referred to in this section is the "International Mechanical Code, 2006 Edition", of the International Code Council Inc., 500 New Jersey Avenue, NW 6th Floor Washington DC 20001, and is hereby incorporated by reference as the Mechanical Code of the City of Ottawa, Kansas.
REVISED: (Ord. No. 2922-89, 09-11-89; Ord. No. 2927-89,
11-01-89; Ord. No. 3396-02, 1-16-02; Ord. No. 3698-08, 09-17-08)
Sec. 6-2A03
Copies of standard code on file.
One
copy of the standard code with supplements and amendments are filed in the
office of the city clerk and identified, marked or stamped as provided by
statute K.S.A. 12-3010, shall be filed with the City Clerk and shall be open to
inspection and available to the public during reasonable business hours. The aforesaid code is hereby incorporated by
reference as fully as if set out at length herein, and the provisions thereof,
unless otherwise specifically provided for in this article, shall be
controlling with respect to all subjects and matters therein contained within
the corporate limits of the city and the Urban Growth Area.
REVISED: (Ord. No. 2876-87, 11-18-87; Ord. No. 3396-02,
1-16-02; Ord. No. 3698-08, 09-17-08)
Sec. 6-2A04
Construction Board of Appeals.
As referenced and adopted by the City of
REVISED: (Ord. No. 3473-04, 05-05-04; Ord. No. 3698-08,
09-17-08)
Sec. 6-2A05
Exemptions from article provisions.
The provisions of this article shall not apply to:
(1) Employees
of the utilities department in the performance of work for such department.
REVISED: (Ord. No. 3396-02, 1-16-02; Ord. No. 3698-08,
09-17-08)
Sec. 6-2A06
Permit fees.
Permit fees shall be set by resolution.
REVISED: (Ord. No. 3396-02, 1-16-02; Ord. No. 3698-08,
09-17-08)
Sec. 6-2A07
Interpretation of rules.
In case of any difference of opinion in regard to the
meaning of any of the rules mentioned or provided for in this article, the
decision of the codes inspector shall be observed.
REVISED: (Ord. No. 3396-02, 1-16-02; Ord. No. 3698-08,
09-17-08)
Sec. 6-2A08.
Penalty for violation of article.
Any person, firm, or corporation violating any
provisions of this article shall be deemed guilty of an Class B misdemeanor
and, upon conviction thereof, shall be punishable by a fine of not less than
$50.00 nor more than $500.00, or by imprisonment not to exceed 30 days, or by
both such fine and imprisonment. Each
separate day or part thereof shall constitute a separate offense.
REVISED: (Ord. No. 3396-02, 1-16-02; Ord. No. 3698-08,
09-17-08)
Sec. 6-2A09
Amendments.
The following are the revisions to the International
Mechanical Code adopted in Section 6-2A02:
Substitute
“code official” with “codes inspector”.
Section 103.2 – Appointment – Delete this section in its entirety.
Section 106.4 – Permit Issuance - Add No permit
shall be issued to any person to do or cause to be done any work regulated by
this code, except to a person holding a valid City of Ottawa, Kansas Master
Heating, Ventilation and Air Conditioning Mechanic or a Master Plumber
occupational license or a licensed journeyman authorized by the master as
required by Article VIII of the City of Ottawa Municipal Code, 1997, except
when and as otherwise hereinafter provided in this section.
Section 106.4.7 -- Add Mechanical work; who may
perform. All Heating, Ventilation and Air Conditional (HVAC)
work done in the city shall be performed by a master HVAC mechanic or a master
plumber or by a journeyman HVAC mechanic or plumber. Journeyman HVAC mechanics or plumbers shall
not be permitted to do HVAC work for others except under the supervision of a
master HVAC mechanic or plumber. Two
apprentice HVAC mechanics or plumbers shall be permitted to work under the
direct supervision and immediate presence of one licensed master HVAC mechanic
or plumber or one licensed journeyman HVAC mechanic or plumber. Or as described in Section 106.5, Homeowner
Permit Issuance, of the International Residential One and Two Family Dwelling
Code.
Section
106.5.2 – Fee Schedule – Delete this
section in its entirety.
Section 106.5.3 – Fee
refunds - Delete this section
in its entirety and replace it with the following:
The
Planning & Codes Director may authorize refunding of any fee paid hereunder
which was erroneously paid or collected.
The Planning & Codes Director may authorize
refunding of not more than 80 percent of the permit fee paid when no work has
been done under a permit issued in accordance with this code.
The Planning & Codes Director may authorize
refunding of not more than 80 percent of the plan review fee paid when an
application for a permit for which a plan review fees has been paid is
withdrawn or canceled before any plan reviewing is done.
The Planning & Codes Director shall not authorize
refunding of any fee paid except on written application filed by the original
permittee not later than 180 days after the date of fee payment.
Section 109 – Means of Appeal – Delete this section in its entirety.
Appendix B -
Delete this appendix in its entirety.
REVISED: (Ord. No. 2876-87, 11-18-87; Ord. No. 2922-89,
09-11-89; Ord. No. 2927-89, 11-01-89; Ord. No. 3396-02, 1-16-02; Ord. No.
3698-08, 09-17-08)
ARTICLE III. NATIONAL ELECTRICAL CODE
Sec. 6-301
Minimum Standards.
This article, including the standard code and
amendments thereto incorporated by reference, shall constitute the minimum
standards for electrical construction, reconstruction, alteration, remodeling,
use, occupancy, location or maintenance of buildings and structures in the
city.
REVISED: (Ord. No. 3397-02, 1-16-02; Ord. No. 3702-08,
09-17-08)
Sec. 6-302
National Electrical Code - Adopted.
The “National Electrical Code, 2005 Edition”,
published by the National Fire Protection
Association, and all amendments, supplements and without annexes,
thereto, is hereby incorporated by reference and made a part hereof as if fully set out herein save and except
certain parts, sections or portions thereof specifically referred to and
omitted there from or as amended or modified herein. The “Standard Code” or “National Electric
Code” hereinafter referred to in this section is the “National Electrical Code,
2005 Edition”, of the National Fire Protection Association, One Batterymarch
Park, Quincy, MA, 02169-7471, And is hereby incorporated by reference as the
Electric Code of the City of Ottawa, Kansas.
Cross reference-Electric utility service, § 14-301 et seq.
REVISED: (Ord. No. 2922-89, 09-11-89; Ord. No. 2927-89,
11-01-89; Ord. No. 3213-97, 02-05-97; Ord. No. 3397-02, 1-16-02; Ord. No.
3702-08, 09-17-08)
Sec. 6-303
Copies of code on file.
One copy of the standard code with supplements and
amendments are filed in the office of the city clerk and identified, marked or
stamped as provided by statute K.S.A. 12-3010, shall be filed with the City
Clerk and shall be open to inspection and available to the public during
reasonable business hours. The aforesaid
code is hereby incorporated by reference as fully as if set out at length
herein, and the provisions thereof, unless otherwise specifically provided for
in this article, shall be controlling with respect to all subjects and matters
therein contained within the corporate limits of the city and the Urban Growth
Area.
REVISED: (Ord. No. 3397-02, 1-16-02; Ord. No. 3702-08,
09-17-08)
Sec. 6-304
Construction Board of Appeals.
As referenced and adopted by the City of
REVISED: (Ord. No. 3397-02, 1-16-02; Ord. No.
3411-02, 04-17-02; Ord. No. 3473-04, 05-05-04; Ord. No. 3702-08, 09-17-08)
Sec. 6-305
Permit fees.
Permit fees shall be set by resolution.
REVISED: (Ord. No. 3397-02, 1-16-02; Ord. No. 3702-08,
09-17-08)
Sec. 6-306
Exemptions from article provisions.
The provisions of this article shall not apply to:
(1) Employees
of the utilities department in the performance of work for such department.
REVISED: (Ord. No. 3397-02, 1-16-02; Ord. No. 3702-08,
09-17-08)
Sec. 6-307
Interpretation of rules.
In case of any difference of opinion in regard to the
meaning of any of the rules mentioned or provided for in this article, the
decision of the codes inspector shall be observed.
REVISED: (Ord. No. 3397-02, 1-16-02; Ord. No. 3702-08,
09-17-08)
Sec. 6-308
Penalty for violation of article.
Any person, firm, or corporation violating any
provisions of this article shall be deemed guilty of an Class B misdemeanor
and, upon conviction thereof, shall be punishable by a fine of not less than
$50.00 nor more than $500.00, or by imprisonment not to exceed 30 days, or by
both such fine and imprisonment. Each
separate day or part thereof shall constitute a separate offense.
REVISED: (Ord. No. 3397-02, 1-16-02; Ord. No. 3702-08,
09-17-08)
Sec. 6-309
Amendments.
The following are the revisions to the National
Electric Code adopted in Section 6-302.
Appendix K of the International Building Code is here by adopted
as administrative provisions of the National Electrical Code 2005 Edition as
amended.
Section
K404.5 – Refunds – Delete this
section in its entirety and replace it with the following:
The Planning & Codes Director may authorize
refunding of any fee paid hereunder which was erroneously paid or collected.
The Planning & Codes Director may authorize
refunding of not more than 80 percent of the permit fee paid when no work has
been done under a permit issued in accordance with this code.
The Planning & Codes Director may authorize
refunding of not more than 80 percent of the plan review fee paid when an
application for a permit for which a plan review fees has been paid is
withdrawn or canceled before any plan reviewing is done.
The Planning & Codes Director shall not authorize
refunding of any fee paid except on written application filed by the original
permittee not later than 180 days after the date of fee payment.
Section K301
– Department of Electrical Inspection – Change to read as Planning & Codes Department.
Section
K301.2 -Appointment– Delete in its
entirety.
K401.2 –
Types of permits – Delete “An owner,
authorized agent or contractor who desires” and replace with the following:
“Eligible permittes who desire …”
Add K401.2.1
-- Permits Issuance – No permit shall be issued to
any person to do or cause to be done any work regulated by this code, except to
a person holding a valid City of Ottawa, Kansas, Master Electrician
occupational license or a licensed
journeyman authorized by the master as required by Article VIII of the City of
Ottawa Municipal Code, 1997, except when and as otherwise hereinafter provided
in this section.
Add K401.2.2 –
Electrical work; who may perform.
All electrical work done in
the city shall be performed by a master electrician or by a journeyman
electrician. Journeyman electricians
shall not be permitted to do electrical work for others except under the
supervision of a master electrician. Two
apprentice electricians shall be permitted to work under the direct supervision
and immediate presence of one licensed master electrician or one licensed
journeyman electrician. Or as described
in Section 105.9, Homeowner Permit Issuance, of the International Residential
One and Two Family Dwelling Code.
Section
K401.3 – Permits Required – Add 6.
Agricultural buildings in the Urban Growth Area shall be exempt from electrical
permits.
Section K404
– Fees – Delete in its entirety
Add K802 -- Underground electrical service. Underground
electrical service may be provided by the utilities department of the city at
the request of the individual property owners or customers under the following
conditions:
1. It
shall be the responsibility of the property owner or customer to furnish a
continuous, enclosed wireway from the meter socket or current transformer
cabinet to a point on the pole at about ground level as directed by the
utilities department with proper weather head attached. Wireways above the ground shall be approved
metal conduit.
2. Residential
installation. After installation of an
approved, enclosed wireway from the meter socket or current transformer cabinet
to the utility easement or right-of-way as approved by the local administrative
authority of the city, it shall be the responsibility of the utilities
department to install the service conductors in such approved wireway. The minimum size approved conduit shall be
two inches.
3. Commercial
and industrial installation. After
installation of an approved, enclosed wireway from the meter or socket or
current transformer cabinet to the utility easement or right-of-way as approved
by the local administrative authority of the city, the customer shall furnish
and install the service conductor. The
city will make the connection at the pole.
The minimum size approved conduit shall be two inches.
4. Maintenance
of the wireway and selection of the materials to be used for the construction
of the wireway, as approved in subsection (1), shall be the sole responsibility
of the property owner or customer, and maintenance of the service conductors
shall be the responsibility of the city utilities department.
5. For
the purpose of this section, the term "wireway" shall be defined to
include, but not limited necessarily thereto, to the following types of
construction:
a. Raceway.
b. Conduit.
c. Nonmetallic
conduit.
d. Electrical
duct.
Any combination of the above or the use of any other
materials as may be approved by the local administrative authority of the city
may be utilized, if approved at the time of installation.
Chapter K11 –
Means of Appeal – Delete in its
entirety.
Cross reference-Electric utility service, § 14-301 et seq.
Add K1202.17 – Interior wiring within the city limits. All interior wiring installed within the city
in buildings used for A-1, A-2, A-3, A-4, A-5, B, E, F-1, F-2, H-1, H-2, H-3,
H-4, H-5, I-1, I-2, I-3, I-4, M, S-1, S-2, R-1, and R-2 occupancies, except
apartment buildings three (3) stories or less, as defined in the 2006
International Building Code shall be in metal or non-metal enclosed conduit or tubing
as allowed by the National Electrical Code.
REVISED: (Ord. No. 2922-89, 09-11-89; Ord. No. 2927-89,
11-01-89; Ord. No. 3213-97, 02-05-97; Ord. No. 3397-02, 1-16-02; Ord. No.
3425-02, 11-20-02; Ord. No. 3448-03, 6-4-03; Ord. No. 3599-06, 10-18-06; Ord.
No. 3702-08, 09-17-08)
ARTICLE IV.
INTERNATIONAL RESIDENTIAL
ONE & TWO FAMILY DWELLING CODE
Sec. 6-401
Minimum standards.
This article, including the standard code adopted
hereby and amendments thereto incorporated by reference, shall constitute the
minimum standards for the construction, reconstruction, alteration, remodeling,
use, occupancy, location or maintenance of buildings and structures for one and
two family structures.
REVISED: (Ord. No. 3401-02, 1-16-02; Ord. No. 3696-08,
09-17-08)
Sec. 6-402
International Residential One and Two Family Dwelling code; adopted
The "International Residential One and Two Family Dwelling Code, 2006 Edition", published by the International Code Council, Inc., and all amendments, supplements and appendices thereto, is hereby incorporated by reference and made a part hereof as if fully set out herein save and except certain parts, sections or portions thereof specifically referred to and omitted there from or as amended or modified herein. The "Standard Code" or "Residential One and Two Family Dwelling Code" hereinafter referred to in this section is the "International Residential One and two Family Dwelling Code, 2006 Edition", of the International Code Council Inc., 500 New Jersey Avenue NW 6th Floor Washington DC 20001, and is hereby incorporated by reference as the 1 & 2 Family Residential Code of the City of Ottawa, Kansas.
REVISED: (Ord. No. 3207-96, 12-18-96; Ord. No. 3401-02,
1-16-02; Ord. No. 3696-08, 09-17-08)
Sec. 6-403
Copies of standard code on file.
One copy of the standard code with supplements and
amendments are filed in the office of the city clerk and identified, marked or
stamped as provided by statute K.S.A. 12-3010, shall be filed with the City
Clerk and shall be open to inspection and available to the public during
reasonable business hours. The aforesaid
code is hereby incorporated by reference as fully as if set out at length
herein, and the provisions thereof, unless otherwise specifically provided for
in this article, shall be controlling with respect to all subjects and matters
therein contained within the corporate limits of the city and the Urban Growth
Area.
REVISED: (Ord. No. 3401-02, 1-16-02; Ord. No. 3696-08,
09-17-08)
Sec. 6-404
Construction Board of Appeals.
As referenced and adopted by the City of
REVISED: (Ord. No. 3401-02, 1-16-0; Ord. No. 3473-04, 05-05-04; Ord. No. 3696-08,
09-17-08)
Sec. 6-405
Dangerous or unsafe structures.
Determination of, and condemnation of, dangerous or
unsafe structures shall be governed by Ordinance 3202-96, Chapter VI, Article
VI of the Municipal Code.
REVISED: (Ord. No. 3401-02, 1-16-02; Ord. No. 3696-08,
09-17-08)
Sec.
6-406 Permit fees.
Permit fees shall be set by resolution.
REVISED: (Ord. No. 3401-02, 1-16-02; Ord. No. 3696-08,
09-17-08)
Sec.
6-407 Interpretation of rules.
In case of any difference of opinion in regard to the
meaning of any of the rules mentioned or provided for in this article, the
decision of the codes inspector shall be observed.
REVISED: (Ord. No. 3401-02, 1-16-02; Ord. No. 3696-08,
09-17-08)
Sec. 6-408
Penalty for violation of article.
Any person, firm, or corporation violating any
provisions of this article shall be deemed guilty of an Class B misdemeanor
and, upon conviction thereof, shall be punishable by a fine of not less than
$50.00 nor more than $500.00, or by imprisonment not to exceed 30 days, or by
both such fine and imprisonment. Each
separate day or part thereof shall constitute a separate offense.
REVISED: (Ord. No. 3401-02, 1-16-02; Ord. No. 3696-08,
09-17-08)
Sec. 6-409
Amendments and supplements.
Section
R103 – Department of Building Safety -- Change to read as Planning & Codes Department.
Section
R103.1 – Creation of enforcement agency --
Replace department of building safety with
Planning & Codes Department.
Section R103.2 –
Appointment -- Delete this
section in its entirety.
Section R105.2 – Work
exempt from permit -- Delete numbers 1, 2 and 4.
Section R105.2 – Work exempt from permit – Add number 10 to read as follows:
10. Any
building or structure defined as an agricultural building in Section 202 of the
2006 International Building Code. Except
for those agricultural buildings located within the City limits of
Section 105.9 – Add -
Homeowner Permit Issuance – this
section shall read as follows:
Any permit
required by this code may be issued to any person to do any work regulated by
this code in a single-family dwelling used exclusively for living purposes,
including the usual accessory buildings and quarters in connection with such
buildings in the event that any such person is a bona fide owner of any such
dwelling and accessory buildings and quarters, and that the same are currently
occupied by said owner. Provided that
said owner shall personally perform all labor in connection therewith, and
provided said owners can demonstrate basic knowledge of the trade involved (electrical,
plumbing, mechanical).
When the
excavation and attachment to the public sewer wye is required, all such work
shall be performed by a properly licensed plumbing contractor. The location of the wye connection to the
nearest manhole shall be provided by the plumbing contractor to the codes
inspector or other appropriate administrative authority.
When the
electrical work to be done is either the meter base or the service, all such
work shall be performed by a properly licensed electrical contractor.
No homeowner
will be allowed to install any gas piping or connect to any gas meter.
Section 108.5 – Refunds - Delete this section in its
entirety and replace it with the following:
The
Planning & Codes Director may authorize refunding of any fee paid hereunder
which was erroneously paid or collected.
The
Planning & Codes Director may authorize refunding of not more than 80
percent of the permit fee paid when no work has been done under a permit issued
in accordance with this code.
The
Planning & Codes Director may authorize refunding of not more than 80
percent of the plan review fee paid when an application for a permit for which
a plan review fees has been paid is withdrawn or canceled before any plan
reviewing is done.
The
Planning & Codes Director shall not authorize refunding of any fee paid
except on written application filed by the original permittee not later than
180 days after the date of fee payment.
Section R202 – Definitions – Add to the definition of Accessory Structure at the end of
the paragraph the following:
Any
building or structure used exclusively as an agricultural building in the Urban
Growth area in
Manufacture Home, delete the following
sentence: For mobile homes built
prior to June 15, 1976, a label certifying compliance to the Standard for
Mobile Homes, NFPA 501, in effect at the time of manufacture is required.
Table R301.2
(1) – Climatic and Geographic Design Criteria
(insert table)
|
Subject Damage From |
|
|||||||||
|
Ground Snow
Load |
Wind Speed (mph) |
Seismic Design Category |
Weather |
Frost Line Depth |
Termite |
Winter Design
Temp |
Ice Barrier |
Flood Hazard |
Air Freezing Index |
Mean Annual Temp |
|
|
20 |
90 |
A |
Severe |
30 |
Moderate To heavy |
6°F |
Yes |
1984 |
779 |
55.9°F |
|
Section R309.2
-- Separation required – Change ½-inch (12.7mm)
to 5/8-inch Type X.
Section
R311.4.1 – Change this section to read:
Exit door required. Not less than two exit doors conforming to
this section shall be provided for each dwelling unit. The required exit doors shall provide for
direct access from the habitable portions of the dwelling to the exterior
without requiring travel through a garage.
Access to habitable levels not having an exit in accordance with this section
shall be by a ramp in accordance with Section R311.6 or stairway in accordance
with Section R311.5.
Section
R311.4.2 – Change this section to read: Door type and size. The first required
exit door shall be a side-hinged door not less than 3 feet (914mm) in width and
6 feet 8 inches (2032mm) in height.
Other doors shall not be required to comply with the minimum width or
hinging requirements. The second
required exit door must lead directly to the outside of the dwelling unit.
Table R404.1 (1) – Delete in its entirety.
Table R404.1 (2) – Delete in its entirety.
Table R404.1 (3) – Delete in its entirety.
Chapter
4 Foundations: Amend Table R403.1 by substituting the following:
Foundations
For Stud Bearing Walls Minimum Requirements
Not for Basement Walls
|
Number of Stories |
Minimum Thickness of
foundation |
Minimum Width of Footing |
Minimum Thickness of
Footing |
Minimum Depth of
Foundation below Natural Surface of Ground or Finish Grad |
|
|
|
Concrete |
Unit Masonry |
|
|
|
|
1 |
8” |
8” |
16” |
8” |
30” |
|
2 |
8” |
8” |
16” |
8” |
30” |
|
3 |
10” |
10” |
20” |
10” |
30” |
|
Vertical |
#4 @ 48” on center |
#4 @ 48” on center |
|
|
|
|
Horizontal |
#4 @ 16” on center |
Dur-wall 16” on center |
(3) - #4’s |
|
|
REVISED: (Ord. No.
3207-96, 12-18-96; Ord. No. 3398-02, 1-16-02; Ord. No. 3696-08, 09-17-08; Ord.
No. 3718-09)
REVISED: (Ord. No.
3696-08, 09-17-08; Ord. No. 3718-09)
Delete
reference
from use of International Private Sewage Disposal Code ( it is covered in
appendix I)
Add
Section E3501.6.3 – Service entrance conductors. The
service entrance conductors, where exposed, shall be enclosed in one of the
service raceways approved by the National Electrical Code.
Appendix
F – Radon Control Methods – Delete in its entirety.
Appendix
I – Change IPSD
to City of
Appendix
L – Permit Fees – Delete in its entirety.
Appendix
M – Home Day Care-R3 Occupancy – Delete in its entirety.
Appendix
P – Fire Sprinklers – Delete in its entirety.
REVISED: (Ord. No.
3207-96, 12-18-96; Ord. No. 3398-02, 1-16-02; Ord. No. 3696-08, 09-17-08)
ARTICLE V. NUMBERING OF BUILDINGS
Sec. 6-501 House numbers required.
All houses fronting on
public streets, avenues or highways in the City shall be numbered in conformity
with the provisions of this article.
(Code 1982)
Sec. 6-502 Odd and even house numbers.
Odd numbers shall be given
to houses on the east and north sides of streets and even numbers on the west
and south sides of streets.
(Code 1982)
Sec. 6-503 East and west numbers.
On streets, avenues and
highways running east and west in the City, numbering shall commence with 100
at the northeast and northwest corners of each and every street at its
intersection with Main Street, and shall increase east and west from Main
Street at the rate of 100 numbers to each block, allowing one (1) number to
each twenty-five (25) feet.
(Code 1982)
Sec. 6-504 North and south numbers.
On all streets, avenues and
highways running north and south in the City, numbering shall commence with
number 100 at the northwest and southwest corner of each and every street,
avenue or highway in the City where the street, avenue or highway intersects
First Street, and shall increase north and south from First Street at the rate
of 100 numbers to each block, allowing one (1) number for each twenty-five (25)
feet.
(Code 1982)
All streets running north
from
(Code 1982)
Sec. 6-506 Placement of numbers by owner;
size.
The owner or occupant of
each building shall be required to place on the building in a conspicuous place
a number of at least four (4) inches in height to conform with the system
provided in this article.
REVISED: (Code 1982; Ord. No.
3672-08, 03-05-08)
Sec. 6-507 New buildings.
All numbering of streets,
avenues or public grounds in this City shall be in accordance with the
provisions of this article, and when the lots or parts of lots adjacent to or
abutting upon any street, avenue or public grounds are vacant, or have no
building upon them, no number will be required; but if at any time a building
shall be erected upon such lots or parts of lots as aforesaid, the owner or
occupant of such building shall, within thirty (30) days after its completion,
be subject to all provisions of this article with reference to numbering the
building.
(Code 1982)
Sec. 6-508 Exceptions to system.
The City Manager or his
designee is hereby authorized to establish such exceptions to the numbering
system described in this article as may be made necessary by the irregular
routing of any street or avenue of the City.
REVISED: (Code 1982; Ord. No. 2962-90, 12-27-90)
Sec. 6-509 Penalty for violation of article.
The owner or agent of any house in this City
who shall fail to comply with the provisions of this article, after being
informed of the number, shall, upon conviction, be guilty of a Class C
misdemeanor. Each day that the
conditions creating a violation of this article exist shall be deemed as a
separate offense.
(Code 1982)
ARTICLE VI. DANGEROUS, UNSAFE AND BLIGHTED STRUCTURES
Sec. 6-601 Purpose.
The Governing Body has found
that there exist within the corporate limits of the City, structures which are
unfit for human use or habitation because of dilapidation, defects increasing
the hazards of fire or accidents, structural defects or other conditions which
render such structures unsafe, unsanitary or otherwise inimical to the general
welfare of the City, or conditions which provide a general blight upon the
neighborhood or surrounding properties.
It is hereby deemed necessary by the Governing Body to require all cause
the repair, closing or demolition or removal of such structures as provided in
this ordinance.
REVISED: (Ord. No. 3202-96, 11-20-96)
Sec. 6-602 Definitions.
For the purpose of this
ordinance, the following words and terms shall have the following meanings:
A. Enforcing
Officer means the City Manager or his or her authorized representative.
B. Structure
shall include any building, wall superstructure or other structure which
requires location on the ground, or is attached to something have a location on
the ground.
REVISED: (Ord. No. 3202-96, 11-20-96)
Sec. 6-603 Enforcing Officer; Duties.
The Enforcing Officer is
hereby authorized to exercise such powers as may be necessary to carry out the
purposes of this ordinance, including the following:
A. Inspect
any structure which appears to be unsafe, dangerous or unfit for human
habitation.
B. Have
authority to enter upon premises at reasonable hours for the purpose of making such inspections. Entry shall be made so as to cause the least
possible inconvenience to any person in possession of the structure. If entry is denied, the enforcing officer may
seek an order for this purpose from a court of competent jurisdiction.
C. Report
all structures which he or she believes to be dangerous, unsafe or unfit for
human habitation to the Governing Body.
D. Receive
petitions as provided in this ordinance.
REVISED: (Ord. No. 3202-96, 11-20-96)
Sec. 6-604 Determination that a structure is
unfit for human use or habitation.
The Public Office may
determine that a structure is unfit for human use or habitation if he or she
finds that conditions exist in such structure which are dangerous or injurious
to the health or safety of the occupants of such buildings or other residents
of the City, or which have a blighting influence on properties in the
area. Such conditions include, but are
not limited to: defects therein increasing the hazard of fire, accident, or
other calamity; air pollution; dilapidation; structural defects; uncleanliness;
overcrowding; dead and dying trees, limbs, or unsightly natural growth;
unsightly appearances that constitute a blight to adjoining property, the
neighborhood, or the City; unsightly stored or parked material, equipment,
supplies, machinery, trucks or automobiles or parts thereof; vermin
infestation; inadequate drainage; open unattended excavations; vandalism
activities, or any violation of health, fire, building, housing or zoning
regulations or any other laws or regulations relating to the use of land and
the use and occupancy of buildings and improvement now in effect or hereafter
duly approved by the Governing Body.
REVISED: (Ord. No. 3202-96, 11-20-96)
Sec. 6-605 Procedure; Petition.
Whenever a petition is filed
with the Enforcing Officer by at least five (5) residents charging that any
structure is dangerous, unsafe or unfit for human habitation, or whenever it
appears to the enforcing officer on his or her own motion that any structure is
dangerous, unsafe or unfit for human habitation, he or she shall, if a
preliminary investigation discloses a basis for such charges, report such
findings to the Governing Body.
REVISED: (Ord. No. 3202-96, 11-20-96)
Sec. 6-606 Same; Notice.
The Governing Body upon
receiving a report as provided in Section 4 shall by resolution fix a time and
place at which the owner, the owner’s agent, any lien holder of records and any
occupant of the structure may appear and show cause why the structure should
not be condemned and ordered repaired or demolished.
REVISED: (Ord. No. 3202-96, 11-20-96)
Sec. 6-607 Same; Publication.
A. The
resolution shall be published once each week for two (2) consecutive weeks on
the same day of each week. At least
thirty (30) days shall elapse between the last publication and the date set for
the hearing.
B. A
copy of the resolution shall be mailed by certified mail within three (3) days
after its first publication to each owner, agent, lien holder and occupant at
the last known place of residence and shall be marked “deliver to addressee
only.”
REVISED: (Ord. No. 3202-96, 11-20-96)
Sec. 6-608 Same; Hearing, Order.
A. If, after
notice and hearing, the Governing Body determines that the structure under
consideration is dangerous, unsafe or unfit for human use or habitation, it
shall state in a resolution its findings of fact in support of such
determination and shall cause the resolution to be published once in the
official city newspaper and a copy mailed to the owners, agents, lien holders
of record and occupants in the same manner provided for the notice of
hearing. The resolution shall fix a
reasonable time within which the repair or removal of such structure shall be
commenced and a statement that if the owner of such structure fails to commence
the repair or removal of such structure within the time stated or fails to
diligently prosecute the same until the work is completed, the Governing Body
will cause the structure to be razed and removed.
B.
If the repair, alteration, or improvement of the
structure can be made at a cost which shall not exceed fifty (50) percent of
the fair market value of the structure, the owner of the property shall within
the time specified in the order, repair, alter or improve the structure to
render it safe and fit for human use or habitation, or shall vacate and close
the structure until such time as he has complied with the order.
C.
If the repair, alteration or improvement of the
structure cannot be made at a cost of fifty (50) percent or less of its fair
market value, the owner shall, within the time specified in the order, remove
or demolish the structure.
REVISED: (Ord. No. 3202-96, 11-20-96)
Sec. 6-609 Duty of owner.
Whenever any structure
within the City shall be found to be dangerous, unsafe or unfit for human use
or habitation, it shall be the duty and obligation of the owner of the property
to render the same secure and safe or to remove the same.
REVISED: (Ord. No. 3202-96, 11-20-96)
Sec. 6-610 Same; Failure to comply.
A. If,
within the time specified in the order, the owner fails to comply with the
order to repair, alter, improve or vacate the structure, the enforcing officer
may cause the structure to be repaired, altered, improved, or to be vacated and
closed.
B. If,
within the time specified in the order, the owner fails to comply with the
order to remove or demolish the
structure, the enforcing officer may cause the structure to be removed and
demolished.
REVISED: (Ord. No. 3202-96, 11-20-96)
Sec. 6-611 Same; Make site safe.
Upon removal of any
structure, the owner shall fill any basement or other excavation located upon
the premises and take any other action necessary to leave the premises in a
safe condition. If the owner fails to
take such action, the enforcing officer may proceed to make the site safe.
REVISED: (Ord. No. 3202-96, 11-20-96)
Sec. 6-612 Assessment of costs.
A. The cost to the City of any notices,
repairs, alterations, improvements, vacating, removal or demolition by the
enforcing officer, including making the site safe, shall be reported to the
City Clerk.
B. The
City Clerk shall give notice to the owner of the structure by restricted mail
of the cost of removing the structure and making the premises safe and
secure. The notice shall also state that
payment of the cost is due and payable within thirty (30) days following
receipt of the notice.
C. If
the costs remain unpaid after thirty (30) days following receipt of notice, the
enforcing officer may sell any salvage from the structure and apply the
proceeds or any necessary portion thereof to pay the cost of removing the
structure and making the site safe. Any
proceeds in excess of that required to recover the costs shall be paid to the
owner of the premises upon which the structure was located.
D. If
the costs remain unpaid and if the proceeds of the sale of salvage is
insufficient to recover the cost, or if there is no salvage, the City Clerk
shall, at the time of certifying other city taxes, certify the unpaid portion
of the costs to the County Clerk who shall extend the same on the tax roll of
the County.
REVISED: (Ord. No. 3202-96, 11-20-96)
Sec. 6-613 Immediate hazard.
When in the opinion of the
Governing Body any structure is in such condition as to constitute an immediate
hazard requiring immediate action to protect the public, the Governing Body may
direct the Enforcing Officer to erect barricades or cause the property to be
vacated, taken down, repaired, shored or otherwise made safe without delay. Such action may be taken without prior notice
to a hearing of the owners, agents, lien holders and occupants. The cost of any action under this section
shall be assessed against the property as provided in Section 12.
REVISED: (Ord. No. 3202-96, 11-20-96)
Sec. 6-614 Appeals from order.
Any person affected by an
order issued by the Governing Body under this ordinance may, within thirty (30)
days following service of the order, petition the District Court of the County
in which the structure is located for an injunction restraining the Enforcing
Officer from carrying out the provisions of the order pending final disposition
of the case.
REVISED: (Ord. No. 3202-96, 11-20-96)
Sec. 6-615 Scope of ordinance.
Nothing in this ordinance
shall be construed to abrogate or impair the powers of the courts or of any
department of the City to enforce any provisions of its ordinances or
regulations, nor to prevent or punish violations thereof; and the powers
conferred by this ordinance shall be in addition to and supplemental to the
powers conferred by the constitution, any other law or ordinance. Nothing in this ordinance shall be construed
to impair or limit in any way the power of the City to define and declare
nuisances and to cause the removal or abatement by summary proceedings or
otherwise or to exercise those powers granted specifically by K.S.A.
12-1750:1756.
REVISED: (Ord. No. 3202-96, 11-20-96)
ARTICLE VII.
PERMIT FEES
Section 6-701 Fees.
All
fees for the issuance of a building permit shall be paid in the amount set
forth in this ordinance. All fees shall
be due and payable before a building permit may be issued. The fees shall be as follows:
Permit
fees will be based on valuation.
Building permit valuation shall include total value of the work for which
a permit is being issued.
Valuation
will be calculated by using the most current Building Valuation Data as
published in the ICC Building Safety Journal.
Permit
fees will be based on the 1997 UBC Table 1-A Building Permit Fees.
1997
Building Permit Fees
|
Total Valuation |
Fee |
|
$1.00 to $500.00 |
$23.50 |
|
$501.00 to $2,000.00 |
$23.50 for the first $500.00 plus $3.05 for each
additional $100.00, or fraction thereof, to and including
$2,000.00 |
|
$2,001.00 to $25,000.00 |
$69.25 for the first $2,000.00 plus $14.00 for each
additional $1,000.00, or fraction thereof, to and including
$25,000.00 |
|
$25,001.00 to $50,000.00 |
$391.25 for the first $25,000.00 plus $10.10 for
each additional $1,000.00, or fraction thereof, to and including $50,000.00 |
|
$50,001.00 to $100,000.00 |
$643.75 for the first $50,000.00 plus $7.00 for each
additional $1,000.00, or fraction thereof, to and including $100,000.00 |
|
$1,00,001.00 to $500,000.00 |
$993.75 for the first $100,000.00 plus $5.60 for
each additional $1,000.00, or fraction thereof, to and including $500,000.00 |
|
$500,001.00 to $1,000,000.00 |
$3,233.75 for the first $500,000.00 plus $4.75 for
each additional $1,000.00, or fraction thereof, to and including
$1,000,000.00 |
|
$1,000,001.00 and up |
$5,608.75 for the first $1,000,000.00 plus $3.65 for
each additional $1,000.00, or fraction thereof |
REVISED: (Res. No. 10399, 05-05-99; Res. No. 1308-04,
12-15-04; Res. No. 1471-09)
Section
6-702 All New Construction
New
Construction permit fees will be based on valuation and the 1997 UBC permit fee
chart. Plumbing, electrical, and
mechanical contractor fees will be inclusive if identified on permit
application at time of issuance.
REVISED: (Res. No. 10399, 05-05-99; Res. No. 1308-04,
12-15-04; Res. No. 1471-09)
Section
6-703 Residential and Commercial Remodels
Remodel
permits issued will be at a rate of 50% of the UBC calculated fee, from
valuation and the 1997 UBC permit fee chart.
Plumbing, electrical, and mechanical contractor fees will be inclusive
if identified on permit application at time of issuance.
REVISED: (Res. No. 10399, 05-05-99; Res. No. 1308-04,
12-15-04; Res. No. 1471-09)
Section 6-704 C-4 Central Business
District fees.
Fees for commercial
construction work, demolition, or remodel in the downtown C-4 Zoning District
will be 50% of the normal commercial permit fee.
Residential dwellings above the first floor located
between the Marias Des Cygnes River, Fifth Street, the alley located one-half
block west of Main Street and the alley located one-half block east of Main
Street shall be within the CBD Residential Revitalization District and all
permit fees for repairs, remodeling, and improvements of the residential
dwelling units are waived.
(Res. No. 1471-09)
Section 6-705 Manufactured Homes.
Manufactured
Homes in a
Manufactured Homes on runners, skirted,
and a private lot in MHS Zoning Districts: 30% of the UBC calculated
permit fee from valuation and the 1997 UBC permit fee chart. Plumbing, electrical, and mechanical
contractor fees will be inclusive if identified on permit application at time
of issuance.
Residential Design Manufactured Homes on
permanent wall foundations in R-1, R-2, or R-3 Zoning Districts: 50% of the UBC
calculated permit fee from valuation and the 1997 UBC permit fee chart. Plumbing, electrical, and mechanical
contractor fees will be inclusive if identified on permit application at time
of issuance. (See Article 24, Section
24-8 for zoning standards).
REVISED: (Res. No. 10399, 05-05-99; Res. No. 1308-04,
12-15-04; Res. No. 1471-09)
Section 6-706 Other Fees.
|
Type |
Residential |
Commercial |
Garages
|
50% of Permit Fee |
50% of Permit Fee |
|
Carports /
Storage Sheds |
30% of Permit Fee |
50% of Permit Fee |
|
Roofs |
|
|
|
Houses |
$50.00 |
|
|
Commercial Buildings |
|
$100.00 |
|
Multiple
buildings |
|
$175.00 |
|
Garages/Sheds |
$25.00 |
|
|
Duplexes, each side |
$25.00 |
|
|
Fences /
Dog Pens |
$25.00 |
$25.00 |
|
Demolition
|
|
$100.00 |
|
House with or without garage |
$35.00 |
|
|
Storage sheds over 120 sq. ft. and if owner does not know size of storage shed. |
$25.00 |
$50.00 |
* These permits do not include any trades people.
REVISED: (Res. No. 10399, 05-05-99; Res. No. 1308-04,
12-15-04: Res. No. 1471-09)
Section 6-707 Plan Review Fee.
Residential: $40.00
Commercial: 20%
of Permit Fee
For use of outside consultants for plan reviews will
be billed at actual cost.
REVISED: (Res. No. 10399, 05-05-99; Res. No. 1308-04,
12-15-04; Res. No. 1471-09)
Section 6-708 Reinspection and After Hour
Fees.
Reinspection fees for the second reinspection may be
assessed by the codes inspector. The
rate will be $40.00 per hour with a one-half (1/2) hour minimum charge.
After hours inspections $50.00 per hour, one hour (1)
minimum charge.
Fess must be paid before final inspection or no
occupancy will be granted and no Certificate of Occupancy will be issued.
REVISED: (Res. No. 10399, 05-05-99; Res. No. 1308-04,
12-15-04; Res. No. 1471-09)
(This entire Article VII was
changed July
27, 2006 to reflect Res. No. 1308-04 )
ARTICLE VIII DEFINING THE LICENSING AND FEE PROCEDURES FOR GENERAL CONTRACTORS, ELECTRICIANS, PLUMBERS, & HVAC MECHANICS
Sec. 6-801 PURPOSE.
The
purpose of this Article is to ensure that all persons desiring to perform
contracting work in this city be duly licensed to ensure capable and skilled
craftsmanship. This article will also
provide protection of the public and provide recourse if work is incomplete and
non compliant.
REVISED: (Ord. No. 3256-98, 02-04-98; Ord. No.
3621-07, 03-07-07; Ord. No. 3739-09, 12-02-09)
Sec. 6-802 DEFINITIONS.
Building Official: The
officer(s) or other designated authority charged with the administration and
enforcement of this code, or the building official’s authorized representative.
Occupational
License: A privilege granted by the City to engage in a
building trade, which by law has specific requirements that must be met.
Contractor:
The term “contractor” shall mean any person, firm, co-partnership, corporation,
association, or combination thereof, who engages in the business or trade of
general contracting, plumbing,
electrical or heating, ventilation and air conditioning mechanic, and employs
others certified in general contracting,
plumbing, electrical or heating, ventilation and air conditioning mechanics
for the purpose of the business.
General
Contractor: The term “general contractor” shall mean any
person engaging in a Class A, Class B, Class C, Class R, Class S, or Class SP
trade.
CBA: Construction Board of Appeals (Ordinance No. 3473-04).
Class A, General Contractor. The
term “Class A, General Contractor” shall mean a person who holds a certificate
issued pursuant to this code, showing qualifications, training, experience, and
technical knowledge and shall entitle the holder thereof to construct, remodel,
repair, and demolish any structure. Also
shall entitle the license holder to perform remodeling, tenant-finish, and
repairs of all structures.
Class B, Building Contractor. The
term “Class B, Building Contractor” shall mean a person who holds a certificate
issued pursuant to this code, showing qualifications, training, experience, and
technical knowledge and shall entitle the holder thereof to construct, remodel,
repair, and demolish all
structures
not exceeding three stories in height.
Shall also entitle the license holder to perform non-structural
remodeling, tenant finish, and repairs to all structures.
Class C, Residential Contractor. The
term “Class C Residential Contractor” shall mean a person who holds a
certificate issued pursuant to this code, showing qualifications, training,
experience, and technical knowledge and shall entitle the holder thereof to
construct, remodel, repair, and demolish single family or duplex residences,
accessory buildings, and decks over 36” above ground.
Class R, Roofing Contractor. The
term “Class R, Roofing Contractor” shall mean a person who can show
qualifications, training, experience, and technical knowledge and shall entitle
the holder thereof to install, maintain, repair, replace, and remove the roof
assembly of any structure, including the roof deck, vapor retarder, substrate,
thermal barrier, insulation, and roof coverings of all types.
Class S, Specialty Contractor. The
term “Class S, Specialty Contractor” shall mean a person who can show
qualifications, training, experience, and technical knowledge and shall entitle
the holder thereof to a specified area of work which may include, but not
limited to:
Siding shall mean a person who installs vinyl, metal, or wood
siding.
Demolition shall entitle the holder thereof to demolish any
building.
Concrete/foundation
repair shall entitle the holder
thereof to perform general concrete work to include the placing and erecting of
steel or bars for the reinforcing of mass, pavement, flat and other concrete
work.
Framing shall entitle the holder to fabricate and install any
wood product in a structure including, but not limited to rough framing, structural
and nonstructural work, trusses, sheathing, paneling trim, cabinetry, doors and
windows and all hardware incidental thereto.
A framing contractor may not contract for or install, maintain, repair
or alter any concrete masonry, roofing dry wall or other work not specifically
mentioned above. Further the framing
contractor may not act as a residential or commercial contractor Class A, B, or
C or secure permits to build any structure; however, a framing contractor may
obtain permits to construct decks and accessory structures.
Items
that do not require a Class S license are fences, signs, excavation/grading,
landscaping, dog pens, irrigation sprinkler systems, and towers .
Class SP, Swimming Pool Contractor. The
term “Class SP, Swimming Pool Contractor” shall mean a person who can show
qualifications, training, experience, and technical knowledge and shall entitle
the holder thereof to contract for and to excavate, construct, fabricate,
install and equip all outdoor, indoor, above ground & below ground swimming
pools, spas, or hot tubs, including pumps, pool heaters, solar pool heaters and
appurtenant equipment associated with such construction, filters and
chlorinators and that piping incidental to the recirculation systems. This does not include direct connections to a
sanitary sewer system or to potable water lines, nor the grounding and bonding
of metal surfaces, nor the making of any electrical connections.
Master Electrician: The term “Master Electrician” shall mean a person who holds a certificate
issued pursuant to this code, showing qualifications, training, experience, and
technical knowledge of the lay out, plan, installation, repair, alteration, and
maintenance of electric conductors, raceways, and equipment for light, heat,
and power.
Master
Residential Electrician: The term
“Master Residential Electrician” shall mean a person who holds a certificate
issued pursuant to this code, showing qualifications, training, experience, and
technical knowledge of the design, plan, installation, repair, alteration, and
maintenance of electric conductors, raceways, and equipment for light, heat,
and power in one and two-family residences, and multiple single-family
dwellings (townhouses) not more than three stories in height.
Journeyman Electrician: The term “Journeyman Electrician” shall mean a person
who holds a certificate issued pursuant to this code showing qualifications,
training, experience, and technical knowledge of installation, repair,
alteration, and maintenance of electric conductors, raceways, and equipment for
light, heat, and power.
Journeyman Residential Electrician: The term “Journeyman Residential Electrician” shall
mean a person who holds a certificate issued pursuant to this code showing
qualifications, training, experience, and technical knowledge of, installation,
repair, alteration, and maintenance of electric conductors, raceways, and
equipment for light, heat, and power.
The holder of this occupational license shall perform work specifically
for one and two-family residences, also multiple single-family dwellings
(townhouses) not more than three stories in height.
Master Plumber with Gas: The term “Master Plumber with Gas” shall mean a person
who holds a certificate issued pursuant to this code, showing qualifications,
training, experience, and technical knowledge to be qualified and equipped to
lay out, plan and supervise the installation, repair, maintenance, and
extension of any plumbing system, including drains, waste, sanitary vents,
water supply, fixtures, and indirect wastes; installation, repair, and
maintenance of gas piping systems, including gas piping, appliances, vents,
flues, tanks, and other related appurtenances.
Master
Residential Plumber with Gas: The
term “Master Residential Plumber with Gas” shall mean a person who holds a
certificate issued pursuant to this code, showing qualifications, training,
experience, and technical knowledge of the design, installation, repair,
maintenance, and extension of a plumbing system, including drains, waste, sanitary
vents, water supply, fixtures; design, installation, maintenance, and repair of
a gas system, including piping, appliances, vents, flues, tanks, and related
appurtenances as it applies to one and two family residences, also multiple
single-family dwellings (townhouses) not more than three stories in height.
Journeyman Plumber with gas: The term “Journeyman Plumber with Gas” shall mean a
person who holds a certificate issued pursuant to this code showing
qualifications, training, experience, and technical knowledge to install,
repair, maintenance, and extension of any plumbing systems, including drains,
waste, sanitary vents, water supply, and fixtures, and indirect wastes;
installation, repair, and maintenance of gas piping systems, including gas piping,
appliances, vents, flues, tanks, and related appurtenances.
Journeyman Residential Plumber with Gas: The term
“Journeyman Residential Plumber with Gas” shall mean a person who holds a
certificate issued pursuant to this code showing qualifications, training,
experience, and technical knowledge to install, repair, maintenance, and
extension of plumbing systems, including drains, waste, sanitary vents, water
supply, and fixtures; installation maintenance, and repair of gas systems,
including piping, appliances, vents, flues, tanks, and related
appurtenances. The holder of this
occupational license shall perform work specifically for one and two-family
residences, also multiple single-family dwellings (townhouses) not more than
three stories in height.
Master Heating, Ventilation and Air Conditioning
Mechanic: The term “Master Heating,
Ventilation and Air Conditioning Mechanic” shall mean any person who holds a
certificate issued pursuant to this code, showing qualifications, training,
experience, and technical knowledge to be qualified and equipped to lay out,
plan and supervise the installation, maintenance, repair, fabrication,
alteration, and extension of air conditioning, refrigeration, warm air heating,
low and high pressure boilers, ventilation systems, duct systems, unfired
pressure vessels, fuel transmission lines, and related appurtenances.
Journeyman Heating, Ventilation and Air Conditioning
Mechanic: The term “Journeyman
Heating, Ventilation and Air conditioning Mechanic” shall mean a person who
holds a certificate issued pursuant to this code showing qualifications,
training, experience, and technical knowledge to install, maintenance, repair,
fabrication, alteration, and extension of air conditioning, refrigeration,
piping vessels, warm air heating, low pressure boilers, ventilation systems,
duct systems, insulation, and related appurtenances within a complete system
unlimited in horsepower or tonnage.
Journeyman Residential Air Conditioning Mechanic: The term
“Journeyman Residential Air Conditioning Mechanic” shall mean a person who
holds a certificate issued pursuant to this code showing qualifications,
training, experience, and technical knowledge to install, maintenance, repair,
alteration, and extension of residential air conditioning systems, related to
warm air heating, ventilation and duct systems, not to exceed five tons cooling
capacity per unit. The holder of this
occupational license shall perform work specifically for one and two-family
residences, also multiple single-family dwellings (townhouses) not more than
three stories in height.
Apprentice/Laborer: An “apprentice/laborer” shall mean any electrician,
plumber or heating, ventilation and air conditioning mechanic who cannot
qualify or has qualified but has not obtained a journeyman occupational
license.
REVISED: (Ord. No. 3256-98, 02-04-98; Ord. No.
3621-07, 03-07-07; Ord. No. 3739-09, 12-02-09)
Sec.
6-803 URBAN GROWTH AREA.
All contractors who engage
in the business of general contracting, plumbing, electrical or heating,
ventilation and air conditioning, within the Urban Growth Area as defined in
the Interlocal Agreement dated June 30, 2006, and perform work, for which a
permit is required, must be licensed in accordance with these regulations.
REVISED: (Ord. No. 3256-98, 02-04-98; Ord. No.
3621-07, 03-07-07; Ord. No. 3739-09, 12-02-09)
Sec.
6-804 GENERAL PROVISIONS.
A. It
shall be unlawful for any contractor to carry on or engage in the business of
general contracting,
plumbing, electrical or heating, ventilation and air conditioning mechanic as
regulated by any city code or act in the capacity of a general contractor,
plumber, electrician, heating, ventilation and air conditioning mechanic
contractor, without first having been issued a valid city occupational license.
B. No
permit shall be issued to any contractor who has not first obtained an
occupational license or who is delinquent in payment of his annual license fee,
or whose license has been suspended or revoked by action of the CBA. It is further unlawful for any person to
enter into a contract with another so as to bring himself under the
classification of a contractor as defined in this Article, or to perform any
work as a contractor, or any work under a contract, without having first
obtained a contractor’s license. It is
unlawful for any person issued a license as required by this Article to
contract for any work other than specified by such license.
C. Any
contractor in order to carry on or engage
in the business of general contracting shall have at all times a qualified
individual employed, who shall be in charge of and responsible for all
installations by said contractor.
Any plumbing, electrical, or heating, ventilation and
air conditioning mechanic contractor in order to carry on or engage in said
business shall be/or at all times keep employed, a qualified master, who
shall be in charge of and responsible for all installations by said contractor.
The name of the master shall appear on the license with “doing business as”
(d.b.a.) indication.
D. The
holder of a city masters electrical, plumbing, and HVAC occupational license
shall ensure an apprentice/laborer is
under the direct supervision and immediate presence of a master or journeyman. You may have two (2) apprentice/laborers to
one (1) licensed master or journeyman on the job site.
E. The holder of a city masters electrician, plumber, and
HVAC occupational license shall be fully responsible for works and acts of such
journeyman employees. A master and
journeyman residential electrician, plumber, and journeyman HVAC shall work
within the scope of an apprentice/laborer when not working on systems as
defined in definitions.
F. Any
plumbing, electrical or HVAC contractor must have a qualified licensed person
on the job site at all times.
G. Any
contractor shall at all times have the master or a specified journeyman sign
the permit. The permit may be faxed,
dropped off in the drop box, or brought in by a representative of the company
obtaining the permit.
H. A license issue pursuant to the
provisions of these regulations shall be nontransferable.
I. Upon
issuance of a building permit to a Class A, B, or C contractor, such contractor
shall be responsible for all work undertaken pursuant to such building permit,
including work done by the contractor’s employees, agents, and subcontractors.
J. Reciprocity. To the extent that other jurisdictions or
states which provide for the licensing of Class B, C, R, or S general
contractors provide for similar action, the planning department may grant
licenses of the same or equivalent classification to general contractors
licensed by other municipalities or states, without written examination, upon
satisfactory proof furnished to the director or designee that the
qualifications of such applicants are equal to the qualification of holders of
similar licenses in the City of Ottawa, verification they are in good standing
with the jurisdiction they are licensed with, and upon payment of the required
fees.
K. Disclaimer. The contractor-applicant shall disclose, at
the time of application, any current or previous contractor license held in
L. An
individual who undertakes the construction, alteration, repair or maintenance
of a residence owned, but not used as a residence by the individual, with the
intention of selling the improved residence to a third party is considered a
residential contractor and subject to licensing under this code. It shall be conclusive evidence of intent to
sell if the subject property is sold within six months following the final
inspection. If an individual under this
section undertakes two such improvements within a 24 month period without
obtaining and maintaining a license, then the individual will be deemed to be
in violation of this ordinance. Sales
shall include traditional third party financing sales and contract for deed
arrangements and shall be counted under this ordinance on the date the contract
for deed is executed. Landlords making improvements to properties they own but
intend only to rent shall be exempted from this section.
REVISED: (Ord. No. 3256-98, 02-04-98; Ord. No.
3621-07, 03-07-07; Ord. No. 3739-09, 12-02-09)
Sec. 6-805 EXEMPTIONS:
The
provisions of this chapter, insofar as they require employment of licensed
contractors or certified mechanics, shall not apply to:
A.
Maintenance,
operation or repair of equipment and accessories used for production or
processing by governmental agencies, manufacturing or processing plants or
commercial enterprises.
B.
Routine
maintenance and repair of a building, including the mechanical, plumbing and
electrical systems thereof, by any such agency, plant, enterprise, or utility,
if such maintenance or repair is (a) minor, not requiring issuance of a
building permit, and (b) is done by a person regularly employed by such
utility, agency, plant or enterprise to perform work of that type.
C.
Installation,
operation and maintenance of equipment used for the production, generation,
transmission or generation of a product or service by a public utility, when
such work is done by employees of a public utility upon equipment owned or
controlled by such utility.
D. Work
performed by any person upon such person’s own dwelling including usual
accessory buildings and quarters, if (a) such person is the owner of such
dwelling; (b) the dwelling is not occupied by anyone other than the owners; (c)
such owner purchases all materials and performs all labor in connection with
such work; (d) special permission granted by city inspector provided homeowner
shows evidence of knowledge in the area for which a permit is applied for;
(e) said applicant shall apply to the
inspection department for a permit, call
for an inspection before is its covered, and call when
the work is completed; and (g) the homeowner
will be responsible for complying with all building codes, and obtaining
necessary building permits. Notwithstanding the foregoing, for purposes of this
section, any homeowner who undertakes the construction of a new residence for
such homeowner’s personal occupancy more than two (2) times in any five (5)
year period shall be deemed to be a “contractor” under this article.
E. Landlords
who own commercial property may act only as a Class B Contractor on properties
they own and those landlords who own residential property may act only as a
Class C Contractor on properties they own.
Landlords may perform work on the property they own if (a) such person
is the owner of such structure; (b) the owner applies to the inspection
department for a permit and call for an inspection before its covered and call
when the work is completed; (c) the owner will be responsible for complying
with all building codes; (d) and all mechanical, electrical, and plumbing work
must be performed by City licensed contractors.
F. Work performed by students enrolled in CTEC program,
which such students are engaged in construction of a residential structure as
part of the curriculum of such program; provided, that all such work shall be
performed by such students with the advice of duly licensed members of the
various construction trades who obtained permits on said project, and inspected
by the city building inspector as otherwise required.
G. Work performed by a non-profit organization, as defined
in Section 501(c)(3) of the United States Internal Revenue Code of 1986 (or
corresponding provisions of any future U.S. Internal Revenue Law) and are not
licensed as a building contractor, may do building construction general
contractor supervision work on a single-family dwelling owned by such
organization. Such organization shall in
every other respect, conform to the provisions of these regulations and other
codes of the city including the procurement of permits and inspections.
H. Nothing herein shall be construed to relieve any person
of any duty, provided elsewhere in the City’s building regulations, to secure a
building permit, perform work in accordance with standards established by the
City and schedule required inspections.
REVISED: (Ord. No. 3256-98, 02-04-98; Ord. No.
3621-07, 03-07-07; Ord. No. 3739-09, 12-02-09)
Sec. 6-806 CONTINUING EDUCATION.
All
Class A, B, C, and R contractors, and all plumbing, electrical, and HVAC
contractors receiving a master’s or journeyman’s license annually are required
to obtain not less than six (6) hours of continuing education annually. Continuing education may be provided by
governmental entities, accredited institutions, nationally recognized trade
association, or contractor education providers.
REVISED: (Ord. No. 3256-98, 02-04-98; Ord. No.
3621-07, 03-07-07; Ord. No. 3739-09, 12-02-09)
Sec. 6-807 IMPLEMENTATION OF CLASS A, B, C, R, S, & SP
CONTRACTOR OCCUAPTIONAL LICENSE.
Class A General Contractor can obtain an
occupational license by adhering to options one (1) or two (2).
Class B, C, R, S, & SP contractors can obtain an
occupational license for the year of 2010 by one of the options below.
1. Obtaining
a certificate of competence from a nationally recognized testing institution as
contemplated by K.S.A. 12-1556 (building and residential contractors). Nationally recognized test (Experior, Block
& Associates, Prometric, ICC, IAMPO) with a score of 75% or above.
2. Hold
a bachelor’s degree in (construction related) engineering, architecture, or
construction science from an accredited college or university.
3. Evidence
of working in the field you are applying for:
a. Class B 10 years and evidence of 5 years
commercial experience
b. Class C, R, S, & SP 5 years
Any new contractors who apply for a contractor’s
occupational license on or after January 1, 2011 must adhere to the regulations
in Sec. 6-808.
REVISED: (Ord. No. 3256-98, 02-04-98; Ord. No.
3621-07, 03-07-07; Ord. No. 3739-09, 12-02-09)
Sec.
6-808 LICENSE APPROVAL, AND
ISSUANCE.
Each contractor applying for an occupational license
must satisfy the following provision. A
contractor who is not currently licensed with the city comes in on or after
December 1st can obtain a license that will expire December 31st
of the next year.
A. Obtaining
a certificate of competence from a nationally recognized testing institution as
contemplated by K.S.A. 12-1556 (building and residential contractors). Nationally recognized test (Experior, Block
& Associates, Prometric, and ICC, ) with a score of 75% or above.
B. Obtain
a certificate of competence from a nationally recognized testing institution as
contemplated by K.S.A. 12-1508, and amendments thereto (plumbing contractors),
K.S.A. 12-1525, and amendments thereto (electrical contractors), K.S.A. 12-1541
(heating, ventilation and air conditioning contractors), or ICC and must score
a 75% or above.
C. Hold
a bachelor’s degree in (construction related) engineering, architecture, or
construction science from an accredited college or university.
REVISED: (Ord. No. 3256-98, 02-04-98; Ord. No.
3621-07, 03-07-07; Ord. No. 3739-09, 12-02-09)
Sec.
6-809 APPLICATION.
Every
person desiring to make application for an occupational license shall fill out
an application furnished by the Planning
& Codes Department. The Planning
& Codes Department shall receive and process all license applications. No contractor’s occupational license may be
transferred or assigned.
Apprentices/Laborers must fill out an application. An individual may be certified in more than
one trade, but the firm must be licensed for each trade license.
REVISED: (Ord. No. 3256-98, 02-04-98; Ord. No.
3621-07, 03-07-07; Ord. No. 3739-09, 12-02-09)
Sec.
6-810 INSURANCE.
Every
contractor shall keep a policy of commercial general liability coverage and
workers compensation. Such insurance policy shall be written with an insurance
company licensed as an admitted insurance company in the State of
For
Class A, B, and C general liability coverage in an amount not less than
$1,000,000 per single occurrence limit for bodily injury and property damage
and finished product, in addition every contractor shall procure and maintain
workers’ compensation insurance, as required by law.
For
Class S, R, SP, Electricians, Plumbers, and HVAC Mechanics general liability
coverage in an amount not less than $500,000 per single occurrence limit for
bodily injury and property damage and finished product, in addition every
contractor shall procure and maintain workers’ compensation insurance, as
required by law.
REVISED: (Ord. No. 3256-98, 02-04-98; Ord. No.
3621-07, 03-07-07; Ord. No. 3739-09, 12-02-09)
Sec.
6-811 RENEWAL OF LICENSE.
A.
Every contractor
who holds an occupational license shall be issued on a calendar year basis to
expire on December 31st each year.
A contractor shall be entitled to renew such contractor’s occupational
license upon satisfaction of the requirements of this Article. The license fee shall be deemed
delinquent after January 31st, after which the license shall
automatically be revoked and a new application will be required to secure a
license. Unless an expired occupational
license is renewed within one year of its expiration, the contractor shall be
required to make a new application and satisfy all of the then existing
contractor-licensing requirements.
B. Those who held a valid occupational license with the City
of
REVISED: (Ord. No. 3256-98, 02-04-98; Ord. No.
3621-07, 03-07-07; Ord. No. 3739-09, 12-02-09)
Sec. 6-812 FEES.
A. The
license fees are as follows:
For
2010 For 2011
Class A, General
Contractor $100.00 175.00
Each Additional
License $20.00 $20.00
Class B,
Building Contractor $100.00 175.00
Each Additional
License $20.00 $20.00
Class C,
Residential Contractor $100.00 175.00
Each Additional
License $20.00 $20.00
Class R, Roofing
Contractor $50.00
$75.00
Class S,
Specialty Contractor $50.00 $75.00
Class SP,
Swimming Pool Contractor $50.00 $75.00
Master
Electrician with Company
$75.00 125.00
Each Additional
Master or Journeyman $15.00 $20.00
Master Plumber
with Company $75.00 125.00
Each Additional
Master or Journeyman $15.00 $20.00
Master HVAC
Mechanic with Company $75.00 125.00
Each Additional
Master or Journeyman $15.00 $20.00
B. License fees shall be paid without being prorated.
C. For
contractors holding multiple classifications of license, (i.e. electrical,
plumbing, class b or c, the first, which ever is greater, shall be at the full
license amount, with additional license for same licensee being $50.00 per
license.
REVISED: (Ord. No. 3256-98, 02-04-98; Ord. No.
3621-07, 03-07-07; Ord. No. 3739-09, 12-02-09)
Sec.
6-813 REVOCATION OF OCCUPATIONAL LICENSE.
The Construction
Board of Appeals (CBA) shall have the authority in accordance with Kansas law
and the authority granted in this ordinance to admonish, reprimand, and
otherwise discipline any contractor who holds an occupational license and is
subject to the requirements of this Article including the suspension or
revocation of the contractor’s occupational license issued under the provisions
of this Article. The CBA may suspend or
revoke a contractor’s occupational license if the CBA concludes, following a
hearing, that the contractor’s action or inaction is:
A.
A serious or
repeated violation of the provisions of this Article, any applicable Code, or
the failure to comply within a reasonable time to any lawful written order of
the building code official;
B.
A knowing and
intentional misrepresentation of a material fact made in connection with
obtaining a contractor’s occupational license or a building permit;
C.
A fraudulent or
deceitful use of a contractor’s occupational license to obtain a building
permit;
D.
Failure to obtain
a building permit or to obtain a required inspection of an ongoing project as
required by any applicable Code;
E.
A failure to pay
any required application or licensing fees for a building permit, contractor
occupational license, or inspection fee.
BOARD
ACTION:
Upon
finding by a majority of the members present at the hearing that a contractor
has violated one or more of the provisions in Section 6-810, the CBA may
admonish, reprimand, or take other appropriate disciplinary action against such
contractor including, but not limited to:
A.
Suspension of the
Contractor’s occupational license for a fixed period not to exceed ninety days.
B.
Suspension of the
contractor’s occupational license for a fixed period exceeding 90 days, provided,
however, the contractor shall have the right to have the suspension and the
terms thereof reconsidered by the CBA at the expiration of the first 90 days
and every 90 days thereafter to determine if just cause exists to modify or
terminate the suspension. Such
reconsideration may, at the board’s option, include a hearing.
C.
Revocation of the
contractor’s occupational license for a period not less than 12 months from the
date of revocation. A contractor’s
license shall be revoked if the contractor has been suspended two times during
any 36 month period.
Any
decision of the CBA shall be made in writing and mailed to the contractor. A contractor whose occupational license is
the subject of a CBA action may appeal any decision of the CBA to the Ottawa
City Commission by filing a notice of appeal with the Planning & Codes
Department within 20 days following the fifth day after the CBA’s written
decision was mailed to the contractor as evidenced by a certified mail which
shall be included with the decision. When an appeal is filed, city staff will
forward the appeal and the CBA decision to the Ottawa City Commission along
with the CBA record. Appeals to the City
Commission shall be de novo and no action shall be taken by the CBA during a
pending appeal.
REVISED: (Ord. No. 3256-98, 02-04-98; Ord. No.
3621-07, 03-07-07; Ord. No. 3739-09, 12-02-09)
Sec. 6-814 REINSTATEMENT
OF LICENSE:
A.
Any contractor
whose occupational license is suspended for any code related violation must
provide satisfactory evidence to the CBA that the violation has been corrected
in accordance with the applicable code.
B. When a contractor’s occupational
license is revoked a new occupational license shall not be granted until the
contractor has provided the CBA with satisfactory evidence that a new
occupational license should be issued.
If the contractor’s occupational license was revoked as the result of
code-related violation, such contractor may not be re-licensed unless the CBA
determines that the violation has been corrected.
REVISED: (Ord. No. 3256-98, 02-04-98; Ord. No.
3621-07, 03-07-07; Ord. No. 3739-09, 12-02-09)
(This entire Article VIII was changed March
29, 2007 to reflect Ord.. No. 3621-07 )
ARTICLE IX.
PRIVATE SEWAGE DISPOSAL CODE
Sec. 6-901
Minimum standards.
In cooperation with
1. The lot is outside the statutory
requirement for required attachment to public sewer. Feet.
2. Application for permit is made with
3. Copies of the permit application and
final inspection reports from the Franklin County Sanitarian shall be provided
to the City of
4. Within the city limits of
5. In the county a
REVISED: (Ord. No. 3398-02, 1-16-02; Ord. No. 3703-08,
09-17-08)
Sec. 6-902 Private
Sewage Disposal Code -Adopted.
This ordinance shall hereby be the official Private Sewage Disposal Code for the City of Ottawa, Kansas.
REVISED: (Ord. No. 3398-02, 1-16-02; Ord. No. 3703-08,
09-17-08)
Sec. 6-903
Copies of ordinance on file.
One
copy of this ordinance shall be filed with the City Clerk and shall be open to
inspection and available to the public during reasonable business hours.
REVISED: (Ord. No. 3398-02, 1-16-02; Ord. No. 3703-08,
09-17-08)
Sec. 6-904
Construction Board of Appeals.
As referenced and adopted by the City of
REVISED: (Ord. No. 3398-02, 1-16-02; Ord. No. 3473-04,
05-05-04; Ord. No. 3703-08, 09-17-08)
Sec. 6-905
Permit fees.
Permit fees shall be set by resolution.
REVISED: (Ord. No. 3398-02, 1-16-02; Ord. No. 3703-08,
09-17-08)
Sec. 6-906
Interpretation of rules.
In case of any difference of opinion in regard to the
meaning of any of the rules mentioned or provided for in this article, the
decision of the Planning & Codes Director shall be observed.
REVISED: (Ord. No. 3398-02, 1-16-02; Ord. No. 3703-08,
09-17-08)