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Kingman Overview
Kingman, KS Code of Ordinances
KINGMAN, KANSAS CODE OF ORDINANCES
ADOPTING ORDINANCE
CHAPTER I: ADMINISTRATION
CHAPTER II: ANIMAL CONTROL AND REGULATION
CHAPTER III: BEVERAGES
CHAPTER IV: BUILDINGS AND CONSTRUCTION
CHAPTER V: BUSINESS REGULATIONS
CHAPTER VI: ELECTIONS
CHAPTER VII: FIRE
CHAPTER VIII: HEALTH AND WELFARE
CHAPTER IX: MUNICIPAL COURT
CHAPTER X: POLICE
CHAPTER XI: PUBLIC OFFENSES
CHAPTER XII: PUBLIC PROPERTY
CHAPTER XIII: STREETS AND SIDEWALKS
CHAPTER XIV: TRAFFIC
CHAPTER XV: UTILITIES
CHAPTER XVI: ZONING AND PLANNING
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 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.
§ 4-211 SAME; APPLICATION INFORMATION REQUIRED.
   (a)   (1)   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.
      (2)   This application shall, among other things, disclose the following:
         (A)   The name of the owner of the lot or tract of ground;
         (B)   The location of the building or structure;
         (C)   The building work proposed;
         (D)   The outside dimensions of the building by floors and dimensions of the basement (if any);
         (E)   The class of occupancy;
         (F)   The class of construction;
         (G)   The kind of materials to be used for walls, floors, ceilings, roofs and foundations;
         (H)   The estimated cost of the work;
         (I)   The date work will commence;
         (J)   Expected date of completion;
         (K)   Name and address of contractor or contractors doing the work; and
         (L)   Such other information as may be pertinent to the issuance of the required permit.
   (b)   (1)   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.
      (2)   If an application for a building permit indicates that it is for commercial or residential roofing services, including construction, installation, renovation, repair, maintenance, alteration or water-proofing, the application shall include the contractor’s name, the contractor’s place of business within the city (and home office if not a resident), the contractor’s state registration number as issued under the State Roofing Registration Act (K.S.A. 50-6,121 et seq.), and shall also be signed by the roofing contractor or contractor’s authorized agent; provided, however, that this division (b)(2) shall not apply to:
         (A)   An actual owner of commercial or residential property who physically performs, or has employees who perform, roofing services on such owner’s own dwelling or other structures located on the residential property without the assistance of a registered roofing contractor;
         (B)   To those persons identified in K.S.A. 50-6,129(a)(1) through (a)(8), and amendments thereto; or
         (C)   To an “exempt general contractor”, as defined in K.S.A. 50-6,122, and amendments thereto.
      (3)   If the application for a building permit indicates that it involves renovation, repairing or painting of a home or child-occupied facility, including day care centers and schools, built before 1978 and will disturb six square feet of painted interior surfaces or 20 square feet of painted exterior surfaces, the contractor performing the services must furnish proof of state certification as a licensed renovation firm or renovator; provided, however, that this division (b)(3) does not apply to a home owner performing work on an owner-occupied residence. In addition, this division (b)(3) does not apply to any other exception or exemption set forth in the State Department of Health and Environment Renovation, Repair and Painting Rule, as described in K.A.R. 28-72-1:54 and in 40 C.F.R. pt. 745, and amendments thereto.
   (c)   Upon approval of the completed application, including, if required, the verification of state roofer registration or other state certification, and a determination that a permit should be issued, the Chief Building Official or his or her assistant shall issue a permit to the owner or contractor authorizing the building work covered by the application. If applicable, the permit shall include the roofer registration number or any other certification or license number issued by the state.
   (d)   Any permit issued under this section shall be valid and subsisting for a period of not more than six months from the date of issuance unless the permittee shall have commenced, within the period so limited, the building work authorized by such permit. BUILDING WORK COMMENCED for the purpose of this section shall mean the beginning of building work other than the preparation of plans or the staking out of the building location or the letting of a building contract.
§ 4-212 SAME; PLANS AND SPECIFICATIONS.
   Whenever an application for a building permit is made, the Chief Building Official may, if he or she finds it necessary to determine whether building work described in the application will comply with the laws pertaining to such work, require that the applicant file a written description or drawing of the proposed building as may be prepared for the purpose. If such drawing or description is insufficient for the purposes of determining whether a permit should be issued, the Building Official may require the applicant to file complete architectural and engineering plans and specifications for such building, or any part thereof, as may be necessary for the Inspector to determine compliance with this article. The filing of such plans and specifications and the approval thereof in connection with an application for a permit shall not in any way affect the authority of the city to deny or issue a permit, or to inspect any building work for conformity with this article.
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