ARTICLE 2: BUILDING CODE

Section

   4-201   Definitions

   4-202   International Building Code incorporated

   4-203   Additional provisions

   4-204   Building Official; powers; duties

   4-205   Building Inspector; appointment

   4-206   Same; duties

   4-207   Same; powers

   4-208   Same; right of entry

   4-209   Clarification; modification

   4-210   Building permit required; application; approval

   4-211   Same; application information required

   4-212   Same; plans and specifications

   4-213   Same; fees

   4-214   Same; posting

   4-215   Certificate of approval

   4-216   Inspections of building; layout of building; foundations and footings; notice to Inspector

   4-217   Request for inspection

   4-218   Inspection fee

   4-219   Builder or building contractor defined

   4-220   Builder’s or building contractor’s license required; building permits; unlawful acts

   4-221   Same; application; granting

   4-222   Same; license fees; conditions; renewal; unlawful acts

   4-223   Builder’s or building contractor’s bond required; conditions; approval; rights reserved

   4-224   Insurance

   4-225   License suspension; revocation; appeal; unlawful acts

   4-226   Work by property owners

   4-227   Liability

   4-228   Severability

   4-229   Restricting use of wood burning stoves

§ 4-201 DEFINITIONS.

   For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   BUILDING OFFICIAL. The person designated by the city or his or her authorized designee.

   CORPORATION COUNSEL. The City Attorney of the City of Howard.

   MUNICIPALITY. The City of Howard, Kansas.

§ 4-202 INTERNATIONAL BUILDING CODE INCORPORATED.

   (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, 2015 Edition, as recommended by the International Conference of Building Officials, such code being made as a part of the ordinances and code of the city as if the same had been set out in full herein, all as authorized and in the manner prescribed by K.S.A. 12-3009 through 12-3012 including any amendments thereto. One copy of the International Building Code, 2015 Edition, shall be marked or stamped “Official Copy as Incorporated by the Code of the City of Howard”, 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)   Any person violating any provision of such code shall be punished as provided in § 1-116 of this code.

§ 4-203 ADDITIONAL PROVISIONS.

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

§ 4-204 BUILDING OFFICIAL; POWERS; DUTIES.

   (a)   This and other articles of the city relating generally to building and structures shall be administered and enforced by the person designated by the city. The person designated by the city 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 person designated by the city shall prepare such application, permit, inspection and record forms as may be required for the purposes of the article. The person designated by the city 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.

§ 4-205 BUILDING INSPECTOR; APPOINTMENT.

   The person designated by the city 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.

§ 4-206 SAME; DUTIES.

   The Building Inspector shall have the following duties:

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

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

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

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

§ 4-207 SAME; POWERS.

   The Building Inspector shall have the following powers:

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

   (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; and

   (c)   May cause any work done in violation of this article 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.

§ 4-208 SAME; RIGHT OF ENTRY.

   The Building Inspector, or his or her agent, upon proper identification, shall have authority to enter any building, structure or premises at any reasonable hour to perform his or her duties as set out in this article.

§ 4-209 CLARIFICATION; MODIFICATION.

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

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

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

   It shall be unlawful for any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done within the city without a building permit being first obtained therefor from the City Clerk, after approval by the Chief Building Official or his or her duly authorized assistant. The application for such permit shall be made and the permit obtained before work is commenced upon any building or structure or the foundation thereof, or before the removal of any building begins.