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 aforesaid building code, it shall be held to mean the City of Baldwin City, Kansas;

(b)     Corporation counsel - shall mean the city attorney of the City of Baldwin City;

(c)      Building official - shall mean the zoning and codes administrator, or his or her authorized designee.

(Code 2005)

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, 2003 Edition as recommended by the International Code Council, such code being made as part of the ordinances and Code of the City as if the same has 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, 2003 Edition, shall be marked or stamped “Official Copy as Incorporated by the Code of the City of Baldwin City,” and shall be filed with the city clerk to be open to inspection and available to the public at all reasonable hours of business.

Any person violating any provision of the above code shall be punished as provided in section 1-118 of this code.

(Ord. 1118, Sec. 1; Code 2005)

Section 105.2 of the International Building Code, 2003 Edition, as adopted by the city is hereby amended to read as follows:

Work Exempt from Permit. A building permit shall not be required for the following:

(1)          One story detached accessory buildings used as tool and storage sheds, playhouses, and similar uses, provided the projected roof area does not exceed 100 square feet.

(2)          All fences require permits.

(Ord. 1118, Sec. 1; Code 2005)

There is hereby adopted and incorporated by reference, as the regulatory code for the construction, alternation, renovation and repair of one and two family dwellings, the International Residential Code, 2003 Edition, as recommended by the International Code Council, such code being made as part of the ordinances and code of the city as if the same has 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 Residential Code, 2003 Edition shall be marked or stamped “Official Copy as Incorporated by the Code of the City of Baldwin City,” and shall be filed with the city clerk to be open to inspection and available to the public at all times at all reasonable hours of business.

Any person violating any provision of the above code shall be punished as provided by section 1-118 of the city code.

(Ord. 1118, Sec. 1; Code 2005)

(a)      This and other articles of the city relating generally to building and structures shall be administered and enforced April 22, 2004 by the zoning and codes administrator. The zoning and codes administrator shall act as chief building official and may assume the responsibilities of or with the consent and approval of the governing body appoint a building inspector and such other assistants as may be advisable for the issuance of building permits and the inspection of building work.

(b)     The zoning and codes administrator shall prepare such application, permit, inspection and record forms as may be required for the purposes of the article. The zoning and codes administrator may make and promulgate the necessary rules and regulations to obtain conformity with this article pertaining to the making of applications for building permits, issuing of building permits and inspecting of buildings and building works.

(Code 2005)

No person shall hereafter erect or cause to be erected within the city any building or structure of any kind or enlarge or add to the outside dimension thereof, or relocate any building or structure already erected on which may hereafter be erected or remodel any building or structure within the city without a building permit being first obtained therefor from the city clerk, after approval by the zoning and codes administrator or his or her duly authorized assistant. The application for such permit shall be made and the permit obtained before work is commenced upon the foundation of any such building or structure, or before the removal of any building begins.

(Code 1971, 4-203; Code 1985)

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

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

(2)          The location of the building or structure;

(3)          The building work proposed;

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

(5)          The class of occupancy;

(6)          The class of construction;

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

(8)          The estimated cost of the work;

(9)          The date work will commence;

(10)        Expected date of completion;

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

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

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

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

(d)     Any permit issued under this section shall be valid and subsisting for a period of not more than 180 days from the date of issuance unless the permittee shall have commenced, within the period so limited, the building work authorized by such permit. If work has been suspended or abandoned (at any time after work is commenced) for a period of 180 days, before such work can be recommenced, a new permit shall be first obtained to do so, and the fee shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work, and provided further that such suspension or abandonment has not exceeded one year. In order to renew action of a permit after expiration, the permittee shall pay a new full permit fee. Building work commenced for the purpose of this section shall mean the beginning of building work other than the preparation of plans or the staking out of the building location or the letting of a building contract.

(e)      Any building work, authorized by a required permit issued under sections 4-204:205 shall be completed and a final inspection performed within 365 days from the date of issue of the building permit. A new permit shall be required for any work performed after this time frame and the permit fee will be as per applicable fee schedule.

(f)      The building inspector shall cause any work performed in violation of the above subsection (e) to be discontinued until a proper permit is issued and has satisfactory evidence that any work performed in the interim meets or exceeds applicable code requirements.

(Ord. 1049, Sec. 4; Ord. 1099, Sec. 1; Code 2005; Code 2011)

Whenever an application for a building permit is made, the zoning and codes administrator 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 zoning and codes administrator 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 1985)

(a)      For construction or alteration of any multi-family or non-residential and any building or structure accessory thereto, the fee shall be as follows:

                                    TOTAL VALUATION        FEE

$1 - $500                     $23.97.

$501 - $2,000               $23.97 for the first $500 plus $3.11 for each additional $100 or fraction thereof, to and including $2,000.

$2001 - $25,000           $70.64 for the first $2,000 plus $14.28 for each additional $1,000 or fraction thereof, to and including $25,000.

$25,001 - $50,000        $399.59 for the first $25,000 plus $10.30 for each additional $1,000 or fraction thereof to and including $50,000.

$50,001 - $100,000       $656.63 for the first $50,000 plus $7.14 for each additional $1,000 or fraction thereof, to and including $100,000.

$100,001 - $500,000     $1,013.63 for the first $100,000 plus $5.71 for each additional $1,000 or fraction thereof, to and including $500,000.

$500,001 - 1,000,000    $3,298.43 for the first $500,000 plus $4.85 for each additional $1,000 or fraction thereof, to and including $1,000,000.

$1,000,001 and up        $5,720.93 for the first $1,000,000 plus $3.72 for each additional $1,000 or fraction thereof.

(b)     For construction or alteration of any single-family or two-family residential dwelling and any building or structure accessory thereto, the fee shall be as follows:

                                    TOTAL VALUATION        FEE

$1 - $500                     $23.97.

$501 - $2,000               $23.97 for the first $500 plus $1.46 for each additional $100 or fraction thereof, to and including $2,000.

$2001 - $25,000           $45.91 for the first $2,000 plus $9.28 for each additional $1,000 or fraction thereof, to and including $25,000.

$25,001 - $50,000        $259.73 for the first $25,000 plus $6.68 for each additional $1,000 or fraction thereof to and including $50,000.

$50,001 - $100,000       $426.81 for the first $50,000 plus $4.64 for each additional $1,000 or fraction thereof, to and including $100,000.

$100,001 - $500,000     $658.85 for the first $100,000 plus $3.71 for each additional $1,000 or fraction thereof, to and including $500,000.

$500,001 - 1,000,000    $2,114.85 for the first $500,000 plus $3.14 for each additional $1,000 or fraction thereof, to and including $1,000,000.

$1,000,001 and up        $3,714.78 for the first $1,000,000 plus $2.42 for each additional $1,000 or fraction thereof.

(c)      Building permit fees shall be inclusive of all building, electrical, mechanical and plumbing permit fees on new construction.

(Ord. 1152, Sec. 1; Code 2005)

(a)      A park improvement fee in the amount of $350.00 shall be included on the fee schedule for each building permit issued for new construction.

(b)     All funds accumulated from such park improvement fee shall be used specifically for capital expenses related to the development and improvement of city parks and recreational facilities.

(Ord. 1153, Sec 1:3; Code 2005)

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 1985)

The zoning and codes administrator may assume the responsibilities of, or appoint some qualified officer or employee of the city to be and perform the duties of, building inspector as may be required, subject to the consent and approval of the governing body.

(Code 2005)

The building inspector shall have the following duties:

(a)      To enforce all regulations relating to construction, alteration, repair, removal and demolition of building and structures;

(b)     May permit, with the approval of the governing body, on the basis of duly authenticated reports from recognized sources, the use of new materials or modes of construction, not provided for in this article, and may, for the purpose of carrying out the intent of this article adopt an accepted standard of material or workmanlike of federal or state bureaus, national, technical organizations or fire underwriters;

(c)      To examine all buildings in the process of erection, construction, alteration or relocation in the city for the purpose of determining whether the work is in compliance with the permit given and in compliance with the regulations of the city pertaining to such work, including zoning regulations; and

(d)     To keep comprehensive records of applications, of permits or certificates issued, of inspections made, of reports rendered, and of notices or orders issued. All such records shall be open to public inspection during stated office hours, but shall not be removed from the office of the zoning and codes administrator without his or her written consent.

(Code 1985)

The building inspector shall have the following powers:

(a)      To enter, at reasonable hours and following notice to the owner, any building or structure or premises, whether complete or in the process of erection, to perform the duties contained in this chapter;

(b)     To adopt and enforce all such prudent emergency measures as he or she may deem necessary and expedient for the public safety under the laws of the city;

(c)      May cause any work done in violation of this chapter to be discontinued until he or she shall have satisfactory evidence that the work will be done in accordance with the building regulations of the city, subject to the right of any builder or owner to appeal to the governing body.

(Code 1985)

(a)      The governing body shall be the final determiner of the scope and meaning of all provisions of the building code which may be unclear, ambiguous, or requiring interpretation.

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

(Code 1985)

(a)      A 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, except one and two-family residences and buildings or structures accessory thereto and intended for his or her own personal use and permanent occupancy.

(b)     The contractor as defined shall not mean or include:

(1)          Any subcontractor working under the supervision of a general contractor; or

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

(3)          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

(4)          Any property owner personally performing any improvements, alterations or building construction within or upon his or her own residence; 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 approval. Personal installation 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 registered building contractor.

(Code 1985)

Before any license shall be issued, to any contractor required by this article to obtain a license and pay a fee to the city, the contractor shall secure and file with the city clerk a good and sufficient corporate surety bond in the principal sum of $10,000 conditioned that the principal named therein shall faithfully and fully observe all laws of the city relating to the business or occupation for which a license is desired and further conditioned to hold and save the city harmless and free of claims for loss or damage to persons or property, or from damage, injury or destruction of property belonging to the city, resulting from, or arising out of, the negligence or failure of the principal or any of his, her or its employees, agents, servants to use due care or diligence respecting any opening or excavation made in, or adjacent to any street, alley or public ground in the city, or any materials stored, placed or used in any such places, or the operation or use of any vehicle, machinery or equipment in the streets, alleys or public grounds in connection with the business or occupation licensed. Each such bond shall be issued by a company authorized to do business in the State of Kansas and shall be executed by an agent of the company residing in the County of Douglas, Kansas and further conditioned that in the event of cancellation or expiration that the company or agent will give 10 days notice of such fact to the city clerk. Each such bond shall be approved as to form by the city attorney and approved as to surety by the city council and the approval thereof shall be endorsed on the bond by the city attorney and by the chairperson of the council over their signatures.

(Code 1985)

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, or by reason of any certificate of inspection issued by it.

(Code 1985)

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 2005)