CHAPTER IV. BUILDINGS AND CONSTRUCTIONCHAPTER IV. BUILDINGS AND CONSTRUCTION\ARTICLE 2. BUILDING CODE

As used in this article, the words and phrases herein defined shall have the following meanings unless the context otherwise requires:

(a)   Whenever the word municipality is used in the building code, it shall be held to mean the City of Greensburg, Kansas;

(b)   Whenever the term corporation counsel is used in the building code, it shall be held to mean the city attorney of the City of Greensburg.

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

(d)   Whenever the term owner is used, it shall be held to mean any owner of any interest in real property in the City of Greensburg on which any building or structure is erected, enlarged, or relocated and any successor in interest of an owner, including an Affiliated Owner. An Affiliated Owner is (1) the spouse or lineal descendant of the previous owner (Family Member), (2) a trust created by the previous owner, (3) a trust of which the previous owner is a trustee, (4) a trust of which the previous owner is a beneficiary, or (5) a separate legal business entity such as a corporation, limited liability company, limited partnership, or a general partnership if such entity is owned at least 50% by the previous owner or by an affiliated owner.

(Code 2007; Ord. 993)

(a)   There is hereby adopted and incorporated by reference, for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, the International Building Code, 2006 Edition, including Appendices “C” and “I”, as recommended by the International Conference of Building Officials, such code being made as a part of the ordinances and code of the city as if the same had been set out in full herein, all as authorized and in the manner prescribed by K.S.A. 12-3009 through 12-3012 including any amendments thereto. No fewer than three copies of the International Building Code, 2006 Edition, shall be marked or stamped “Official Copy as Incorporated by the Code of The City of Greensburg,” and shall be filed with the city clerk to be open to inspection and available to the public at all reasonable hours of business .

(b)   There is hereby adopted and incorporated by reference, for the purpose of having the International Building Code, 2006 Edition better conform with the needs of the City of Greensburg, Kansas, a set of amendments to the International Building Code. A document entitled “City of Greensburg, Kansas Amendments to the International Codes Council, Inc. 2006 Edition of the International Building Code” as prepared by the Greensburg, Kansas Community Development Department and dated January 14, 2008 is hereby incorporated by reference, such amendments being made as a part of the ordinances and code of the city as if the same had been set out in full herein, all as authorized and in the manner prescribed by K.S.A. 12-3009 through 12-3012 including any amendments thereto. No fewer than three copies of the “City of Greensburg, Kansas Amendments to the International Codes Council, Inc. 2006 Edition of the International Building Code”, shall be marked or stamped “Official Copy as Incorporated by the Code of The City of Greensburg”, and shall be filed with the city clerk to be open to inspection and available to the public at all reasonable hours of business.

(c)   There is hereby adopted and incorporated  by reference, for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, the International Residential Code, 2003 Edition, as recommended by the International Code Conference, such code being made as a part of the ordinances and code of the city as if the same had been set out in full herein, all as authorized and in the manner proscribed by K.S.A. 12-3009 through 12-3012 including any amendments thereto. No fewer than three copies of the International Residential Code, 2003 Edition, shall be marked or stamped “Official Copy as Incorporated by Ordinance No. 980 and shall be filed with the City Clerk to be open to inspection and available to the public at all reasonable hours of business.

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

(Code 2007; Ord. 07-005; Ord. 936; Ord. 947; Ord. 980)

The following sections of this article are in addition to the provisions of the standard code incorporated by reference in section 4-202.

(Code 2007)

(a)   This and other articles of the city relating generally to building and structures shall be administered and enforced by the public officer.  The public officer shall act as chief building official and may assume the responsibilities of or with the consent and approval of the governing body appoint a building inspector and such other assistants as may be advisable for the issuance of building permits and the inspection of building work.

(b)   The city office shall prepare such application, permit, inspection and record forms as may be required for the purposes of the article.  The public officer may make and promulgate the necessary rules and regulations to obtain conformity with this article pertaining to the making of applications for building permits, issuing of building permits, specification of equipment and prices of the city supplied parts,  and inspecting of buildings and building works.

(Code 2007)

The public officer shall have the duty to enforce all regulations relating to construction, alteration, repair, removal and demolition of buildings and structures.

(Code 2007)

The public officer shall have the following powers:

(a)   To enter any building or structure or premises at any reasonable hour, whether complete or in the process of erection, to perform the duties contained in this chapter.

(b)   May cause any work done in violation of this chapter to be discontinued until he or she shall have satisfactory evidence that the work will be done in accordance with the building regulations of the city.

(c)   In the event the public officer orders work to be discontinued in accordance with the previous provision, the holder of the building permit shall have the right to appeal such decision to the Board of Appeals established pursuant to the provisions of the International Building Code and International Residential Code.

(Code 2007; Ord. 936)

(a)   The public officer or his or her authorized designee shall be the final determiner of the scope and meaning of all provisions of the building code which may be unclear, ambiguous, or requiring interpretation.

(b)   The public officer shall have power to modify any of the provisions of the building code upon application in writing by the owner or lessee or his or her authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code.  In approving modifications, the building inspector shall see that the spirit of the code is observed, public safety secured and substantial justice done.  The particulars of a modification when granted or allowed and the decision of the inspector thereon shall be entered upon the records of the building inspector and a signed copy shall be furnished to the applicant. 

(Code 2007)

It shall be unlawful for any person to hereafter erect or cause to be erected within the city any building or structure of any kind or enlarge or add to the outside dimension thereof, or relocate any building or structure already enacted or which may hereafter be erected or remodel any building or structure within the city without a building permit being first obtained therefor from the city clerk, subject to approval under section 4-208A. The application for such permit shall be made and the permit obtained before work is commenced upon any building or structure or the foundation thereof, or before the removal of any building begins.

(Code 2007; Ord. 936; Ord. 993)

No building permit may be issued by the city clerk without approval of the chief public offer or his or her duly authorized assistant. No building permit shall be issued to any applicant for or on behalf of any owner who currently owns, in whole or in part, any property within the City of Greensburg that is not in compliance with all city codes of the City of Greensburg; provided the city shall issue to the owner a conditional permit on such terms as the public officer deems appropriate to allow the permittee to bring into compliance a property in violation of city code. Any such conditional permit may be terminated by the public officer if the owner fails to comply with the terms of the permit or extended if the owner is making a good faith effort to comply but needs additional time to bring the property into compliance.

(Code 2007; Ord. 993)

(a)   A building permit shall be issued upon an application in writing to the office of city clerk on a form or forms provided for the purpose.  This application shall, among other things, disclose the following:

(1)   The name of the owner of the lot or tract of ground;

(2)   The location of the building or structure;

(3)   The building work proposed;

(4)   The outside dimensions of the building by floors and dimensions of the basement (if any);

(5)   The class of occupancy;

(6)   The estimated cost of the work;

(7)   The date work will commence;

(8)   Expected date of completion;

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

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

(Code 2007)

Whenever an application for a building permit is made, the chief public officer may, if he or she finds it necessary to determine whether building work described in the application will comply with the laws pertaining to such work, require that the applicant file a written description or drawing of the proposed building as may be prepared for the purpose.  If such drawing or description is insufficient for the purposes of determining whether a permit should be issued, the building official may require the applicant to file complete architectural and engineering plans and specifications for such building, or any part thereof, as may be necessary for the inspector to determine compliance with this article. The filing of such plans and specifications and the approval thereof in connection with an application for a permit shall not in any way affect the authority of the city to deny or issue a permit, or to inspect any building work for conformity with this article.

(Code 2007)

(a)   The fee for a building permit shall be:

 

               One And Two Family Residential

               Single and two family house construction:                   $300.00 flat fee for all work

               Single and two family repair/remodel:                         $40.00 for $0-$3,000

                                                                                                +$5.00/$1,000.00 increment thereafter

                                                                                                (example:  $45 for $3001.00-$4,000.00

 

               Multi-Family And Non-Residential (New Construction & Remodeling)

               Base Permit Fee                                                         $40.00 + declared structural value scale

                        Declared Structural Value Scale (includes cost of trades):

                        $0 - $5,000                                                       no extra charge

                        $5,000+                                                           $2.20 per thousand

 

               Fence or Accessory Structure (new construction or remodeling) $35.00

(b)   The fee for a sign permit shall be:

               Individual sign                                                          $35.00

               Master sign permit (per address)                                 $70.00

               Portable sign                                                             $15.00

               Non-Profit portable sign                                             $0.00

   (c)   The fee for a plan review (includes electrical, plumbing, mechanical) shall be:

           Single and two family                                                no charge

           Multi-family and non-residential                                under $50,000 – no fee

                                                                                            Over $50,000 - 25% of permit fee

                                                                                            (or actual cost of outside review)

           Review of changes after 1st review                              $30.00 per hour or fraction thereof

   (d)   The fee for an inspection shall be:

           Consultation                                                              no fee

           Inspection Outside Normal Hours                               $30.00 er hour or fraction thereof

           Re-inspection (after one)                                            $30.00 each

 

The fee herein shall be paid to the city clerk upon obtaining a building permit and the same shall be credited to the general operating fund of the city.  A fee of double the calculated, regular fee will be charged for work performed without a permit.

(Code 2007; Ord. 985; Ord. 1033)

A copy of the building permit shall be kept on the premises for public inspection during the performance of the work and until the completion of the same.  The building inspector may require a certified copy of the approved plans to be kept on the premises at all times from the commencement of the work to the completion thereof.

(Code 2007)

(a)   The contractor or builder having a permit for new construction, or additions to existing buildings, shall notify the chief public officer immediately upon the marking or laying out of the site and foundation for such work.  The official or inspector shall inspect the layout for conformity with this article and with respect to lot lines, setbacks and location of the proposed buildings to determine conformity with the city zoning regulations.  In case of doubt respecting the required location, the chief public officer may require an official survey of the lot lines to determine conformity, at the expense of the permit holder.

(b)   The building inspector shall during the course of all building make such other inspections as may be directed by the chief public officer to be made during any successive stage of the construction or other work covered by a permit in order to secure compliance with laws pertaining thereto. 

(Code 2007)

(a)   A builder or building contractor for purposes of this article shall be any person, firm, co- partnership, corporation, association, or any combination thereof, whether a resident or not of the city:

(1)   Who or which undertakes with or for another, for a fixed sum, price, fee or any compensation other than wages, to build, construct, alter, repair, add to, wreck or move any building or structure (or any portion thereof), or any sidewalk, driveway entrance or structure in any street, or any advertising sign, panel poster or billboard, or any other structure, in the city, for which a building or construction permit may now or hereafter be required by the laws of the city; or

(2)   Who or which advertises or represents himself, herself, or itself to the public to have the capacity or ability to undertake, or submit a bid or offer to build, construct, alter, repair, add to or wreck, remove, restore or replace any building, structure or construction work or any portion thereof; or

(3)   Who or which builds, constructs, alters, adds to or wrecks any buildings or structures either on his or her own or other property for purposes of sale or speculation.

(b)   A builder or building contractor as defined shall not mean or include:

(1)   Any plumbers, gas fitters, electricians, or other specialized occupation for which special licenses or bonds are required by other city laws; or

(2)   Any owner or his or her authorized agents or employees making ordinary repairs to his, her or its own building or structure not involving the structural parts of the building for which a permit is not required or on which a contractor, as defined, is not required, employed or engaged to perform; or

(3)   Any property owner personally performing any improvements, alterations or building construction within or upon his or her own residence and intended for his or her own personal use.

(Code 2007)

(a)   Each builder or building contractor shall before entering upon any building or construction work subject to regulation by city laws, apply to the city clerk for a builder’s or building contractor’s license and receive the same as hereinafter provided and have in his or her possession a valid license authorizing him, her or it to engage in the trade or occupation of a builder or building contractor in the city.

(b)   No permit for any building or construction work shall be issued for any such work to be performed by a builder or building contractor, as defined, who has not first obtained a license upon making a proper application and payment of the license fee as required.

(Code 2007)

Application for a builder’s or building contractor’s license shall be made upon a form to be supplied by the city. New Licenses shall provide proof of licensure in another jurisdiction or letters of reference for the applicant are required. The license or letters of reference must verify proficiency in the same trade that the builder or building contractor has referenced in his application for registration in the City of Greensburg.

(Code 2007; Ord. 1026)

(a)   The following license fees shall be paid for the calendar year or major fraction thereof:

(1)   General Builder or Building Contractor, who shall qualify to engage in more than one kind of contract work; Residential Contractors; Masons; Roofers; Building Movers; Wind Turbine Installers; Sign hangers the sum of $100 for initial license and $75 per year thereafter ;

(b)   It shall be unlawful for any person, firm or corporation to contract for any kind of work covered by this article without having a valid license issued by the city to perform such contracts.

(Code 2007; Ord. 985, Ord. 1033)

A builder or building contractor  must procure and maintain a liability insurance policy in the amount of $1,000,000 for each occurrence, $2,000,000 aggregate for bodily injury, and $100,000 each occurrence for property damage. Such policies of insurance shall be issued by an insurance company authorized to do business in the State of Kansas. A builder or building contractor  may qualify as to the insurance requirements by filing a certificate with the city clerk, executed by the resident agent of such company, stating that the required policy of insurance has been issued by such company for the purpose required by this article and that such insurer will not cancel the policy except upon giving 30 days notice in writing to the city, and that the certificate shall be filed for an annual period beginning January 1 and ending December 31 of such year.

(Code 2007; Ord. 1026)

The license of any builder or building contractor may be suspended temporarily, for a period not to exceed 30 days at any one time, by the public officer, or his or her authorized designee, upon his or her own motion.  Notice shall be given in writing to such builder or building contractor giving reasonable notice of a time of hearing of the complaint or the matter alleged against such builder.

(Code 2007)

Nothing herein contained shall prohibit any property owner from personally performing any building or construction work within and upon his or her own residence and intended for his or her personal use and permanent occupancy; provided, the owner shall satisfy the building inspector as to his or her ability to perform such work, secure a permit, pay required fees, do work in accordance with this article, and apply for an inspection and receive a certificate of approval.  Personal building or construction performed by an owner under this section shall be by himself, herself, for himself or herself on his or her own residence, without compensation and no person shall be employed to assist him or her in any way on such work except a builder or building contractor licensed by the city.

(Code 2007)

This article shall not be construed to relieve from any liability or lessen the liability of any person performing any activity connected herewith, nor shall the city be held as assuming any liability by reason of any inspection authorized herein, by reason of any certificate of inspection issued by it or by reason of any permit or license granted herein.

(Code 2007)

If any section of the International Building Code or of this article shall be held unconstitutional or otherwise invalid by any court of competent jurisdiction, then such section shall be considered separate and apart from the remaining sections, the section to be completely severable from the remaining provisions which shall continue in full force and effect.

(Code 2007)