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§ 4-709 SAME; RENEWAL AND REGISTRATION.
   (a)   No person shall engage in or work at the gas fitting business, either as a master gas fitter or as a journeyman gas fitter until such person has been certified by the city and found qualified and competent to engage in such business; provided that a resident or owner may install any gas piping, valve or other item within his or her own home, shop, garage or other structure without securing a certificate, but a permit must be secured for such gas fitting work and such work shall be inspected and approved by the Building Official and applicable inspection fees paid.
   (b)   All certificates under this section shall be in effect for two years until December 31 of even- numbered years and may thereafter be renewed biennially by payment to the Building Official of a renewal fee and presentation of 12 clock hours of continuing education of a type acceptable to the Building Official. All certificates, which are nontransferable, must be registered with the Building Official not later than January 10 of the year following expiration, and it is hereby made the duty of each master to see that each journeyman working for him or her has been registered.
(Ord. 1629, passed 5-4-2014; Ord. 1772, passed 6-21-2022)
§ 4-710 SAME; FEES.
   (a)   The following fees for certificates and renewals of certificates under this article shall apply:
      (1)   Master gas fitter certificates or renewal, per two-year period: $50; and
      (2)   Journeyman gas fitter certification or renewal, per two-year period: $30.
   (b)   All such fees shall be paid to the Building Official and shall become a part of the General Fund.
(Ord. 1629, passed 5-4-2014; Ord. 1772, passed 6-21-2022)
§ 4-711 GAS FITTINGS BY OWNER.
   Nothing herein contained shall prohibit any property owner from installing a fuel gas system within or upon a residence wherein the owner resides; provided, the owner shall satisfy the Building Official as to his or her ability to install such fuel gas system, secure a permit, pay required fees, do work in accordance with this article, and apply for an inspection and receive a certificate of approval.
(Ord. 1629, passed 5-4-2014; Ord. 1772, passed 6-21-2022)
ARTICLE 8: MECHANICAL
Section
   4-801   Definitions
   4-802   Adoption of the International Mechanical Code
   4-803   Same; amendments
   4-804   Mechanical permit fee
   4-805   Same; reinspection; fee
   4-806   Certification of mechanics; mechanic’s Board of Certification
   4-807   Same; qualifications
   4-808   Same; renewal and registration
   4-809   Same; fees
   4-810   Mechanical work by owner
§ 4-801 DEFINITIONS.
   For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   MECHANICAL CONTRACTOR. Any person, firm or corporation who is qualified or employ mechanical masters who are qualified to serve the public in the business of mechanical work and maintains a place of business.
   MECHANICAL JOURNEYMAN. A person who holds a legal certificate issued pursuant to law showing him or her to be qualified to do mechanical work under the direction and control of a qualified mechanical master.
   MECHANICAL MASTER. A person who is qualified, certified and equipped to properly lay out and plan the installation, repairs, and maintenance of mechanical work.
   MECHANICAL WORK. All work dealing with heating, ventilation, cooling, refrigeration systems, incinerators and other heat-producing appliances that are regulated by the Uniform Mechanical Code.
(Ord. 1629, passed 5-4-2014; Ord. 1772, passed 6-21-2022)
§ 4-802 ADOPTION OF THE INTERNATIONAL MECHANICAL CODE.
   There is hereby incorporated by reference for the purpose of regulating all mechanical work done or performed within the corporate city limits of the City of Wamego, Kansas that certain standard mechanical code known as the International Mechanical Code, 2018 Edition, including Appendix A, as recommended by the International Code Council, 500 New Jersey Avenue, NW 6th Floor, Washington, DC, 20001, save and except such articles, sections, parts or portions as may be hereinafter omitted, deleted, modified or changed. No fewer than one copy of such publication shall be marked or stamped “Official Copy as adopted by Ord. 1629”, and shall be attached to a copy of this ordinance and filed with the City Clerk and open for inspection and available to the public at all reasonable hours. All administrative departments of the city charged with enforcement of this code shall be supplied, at the cost of the city, such number of official copies, similarly marked, as may be deemed expedient.
(Ord. 1629, passed 5-4-2014; Ord. 1772, passed 6-21-2022)
§ 4-803 SAME; AMENDMENTS.
   The International Mechanical Code, adopted by § 4-802, is hereby changed, altered, modified and otherwise amended as follows:
   (a)   Section 101.1 of the International Mechanical Code is hereby amended to read as follows:
Section 101.1 Title. These regulations shall be known as the Mechanical Code of City of Wamego, Kansas, hereinafter referred to as “this code”.
   (b)   Section 106.5.2 of the International Mechanical Code is hereby amended to read as follows:
Section 106.5.2 Fee schedule. The fees for mechanical work shall be as set forth under § 4-804 of the Wamego City Code.
The fee for reinspection of all mechanical work found to be in violation of this article shall be as set forth under § 4-805 of the city code.
Each inspection which is not deemed ready for inspection at the scheduled time shall be considered a failed inspection and subject to reinspection. The reinspection fee shall be paid within ten calendar days of the date of the inspection causing the fee, and prior to a certificate of occupancy being issued for that project. Subsequent inspections for that permitted project shall not be conducted until all past due reinspection fees have been paid. The Building Official shall have the authority to waive reinspection fees as deemed necessary.
   (c)   That Section 106.5.3 of the International Mechanical Code is hereby amended to read as follows:
Section 106.5.3 Fee refunds. The code official shall authorize the refunding of fees as follows:
   1.   The full amount of any fee paid hereunder which was erroneously paid or collected.
   2.   Not more than 100% of the permit fee paid when no work has been done under a permit issued in accordance with this code.
The code official shall not authorize the refunding of any fee paid, except upon written application filed by the original permittee not later than one hundred eighty days (180) days after the date of fee payment.
   (d)   Section 108.4 of the International Mechanical Code is hereby amended to read as follows:
Section 108.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair mechanical work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than five hundred dollars ($500) or by imprisonment not exceeding one hundred eighty days (180) days, or by both such fine and imprisonment. Each day that a violation continues shall be deemed a separate offense.
   (e)   Section 108.5 of the International Mechanical Code is hereby amended to read as follows:
Section 108.5 Stop work orders. Upon notice from the code official that mechanical work is being done contrary to the provisions of this code or in a dangerous or unsafe manner, such work shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner’s agent, or to the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work on the system after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than one hundred dollars ($100) or more than five hundred dollars ($500).
   (f)   Section 109 of the International Mechanical Code is hereby deleted.
   (g)   Section 301.10 of the International Mechanical Code is hereby changed to read as follows:
Section 301.10 Electrical. Electrical wiring, controls and connections to equipment and appliances regulated by this code shall be in accordance with the National Electrical Code as adopted in § 4-402 of the city code of ordinances.
   (h)   Section 505.2 of the International Mechanical code is hereby changed to read as follows:
Section 505.2 Makeup air required. Exhaust hood systems capable of exhausting in excess of 400 cubic feet per minute shall be provided with makeup air at a rate approximately equal to the difference between the exhaust air rate and 400 cubic feet per minute where other systems exist that may be affected by the exhaust hood system. Such makeup air systems shall be equipped with a means of closure and shall be automatically controlled to start and operate simultaneously with the exhaust system.
(Ord. 1629, passed 5-4-2014; Ord. 1772, passed 6-21-2022)
§ 4-804 MECHANICAL PERMIT FEE.
   The fee for a mechanical permit to erect, install, enlarge, alter, repair, remove, convert or replace any mechanical system the installation of which is regulated by the International Mechanical Code, adopted under § 4-802 of this article, shall be $25. Such fee is payable at the time the application is submitted for the mechanical permit, and the same shall be credited to the General Operating Fund of the city.
(Ord. 1629, passed 5-4-2014; Ord. 1772, passed 6-21-2022)
§ 4-805 SAME; REINSPECTION; FEE.
   (a)   All work done in violation of this article is subject to reinspection by the City Building Official until such work is approved and found to be in compliance with the International Mechanical Code and any other applicable city regulations.
   (b)   All reinspections required after the time period set by the Building Official to correct the work found to be in violation shall be subject to a $50 reinspection fee to be paid to the city, and credited to the General Fund of the city.
(Ord. 1629, passed 5-4-2014; Ord. 1772, passed 6-21-2022)
§ 4-806 CERTIFICATION OF MECHANICS; MECHANIC’S BOARD OF CERTIFICATION.
   (a)   The Board shall have the right to modify and approve the qualification requirements for mechanic certification, of all applicants desiring to engage in or perform mechanical work within the city.
   (b)   The Board also shall have the power to suspend for a definite period or to revoke, after a hearing, the certificate of any mechanic, for violation of rules and regulations governing mechanical work or for other violations of this article.
(Ord. 1629, passed 5-4-2014; Ord. 1772, passed 6-21-2022)
§ 4-807 SAME; QUALIFICATIONS.
   Following are the qualifications for certification as a mechanic in the city.
   (a)   Any mechanic who submitted an application to the city for certification as a master or journeyman mechanic no later that November 14, 1991, and who received approval from the mechanic’s Board of Certification as a grandfathered master or journeyman mechanic, shall receive the corresponding certificate.
   (b)   Any mechanic providing proof of passage of the prometrics tests for master or journeyman mechanics shall receive the corresponding certificate.
   (c)   Any mechanic who holds a current valid mechanical certificate issued by a board of examiners from a city with a population equal to or greater than Wamego, and reciprocating with the City of Wamego and who can give proof of comparable qualifications as determined by the Building Official, shall receive a certification (master or journeyman) from the City corresponding to the certification held from the other city.
(Ord. 1629, passed 5-4-2014; Ord. 1772, passed 6-21-2022)
§ 4-808 SAME; RENEWAL AND REGISTRATION.
   (a)   No person shall engage in or work at the mechanical business either as a master mechanic or as a journeyman mechanic until such person has been certified by the city and found qualified and competent to engage in such business provided that a resident or owner may install any mechanical equipment of other item with in her own home, shop, garage, or other structure with securing a certificate, but a permit must be secured for such mechanical work and such work shall be inspected and approved by the Building Official and applicable inspection fees paid.
   (b)   (1)   All certificates under this section shall be in effect for two years until December 31 of even- numbered years and may thereafter be renewed biennially by payment to the Building Official of a renewal fee and presentation of 12 clock hours of continuing education of a type acceptable to the Building Official.
      (2)   All certificates, which are nontransferable, must be registered with the Building Official not later than January 10 of the year following expiration, and it is hereby made the duty of each master to see that each journeyman working for him or her has been registered.
(Ord. 1629, passed 5-4-2014; Ord. 1772, passed 6-21-2022)
§ 4-809 SAME; FEES.
   (a)   The following fees for mechanical certificates and renewals of certificates under this article shall apply:
      (1)   Mechanical master certification or renewal, per two-year period: $50; and
      (2)   Mechanical journeyman certification or renewal, per two-year period: $30.
   (b)   All such fees shall be paid to the Building Official and shall become a part of the General Fund.
(Ord. 1629, passed 5-4-2014; Ord. 1772, passed 6-21-2022)
§ 4-810 MECHANICAL WORK BY OWNER.
   Nothing herein contained shall prohibit any property owner from installing a mechanical system within or upon a single-family residence wherein the owner resides; provided, the owner shall satisfy the Building Official as to his or her ability to install such mechanical system, secure a permit, pay required fees, do work in accordance with this article, and apply for an inspection and receive a certificate of approval.
(Ord. 1629, passed 5-4-2014; Ord. 1772, passed 6-21-2022)
ARTICLE 9: ENERGY CONSERVATION
Section
   4-901   Adoption of the International Energy Conservation Code
   4-902   Same; amendments
§ 4-901 ADOPTION OF THE INTERNATIONAL ENERGY CONSERVATION CODE.
   There is hereby incorporated by reference as provided by law, that certain document, marked and designated as the International Energy Conservation Code, 2000 Edition Third Printing (and subsequent errata for the Third Printing updated March 29, 2002), as published by the International Code Council, Inc., three copies of which are on file in the office of the City Clerk, for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of the building envelope, mechanical, lighting and power systems in the City of Wamego; and each and all of the regulations, provisions, conditions and terms in such International Energy Conservation Code, are hereby referred to, adopted and made a part of the article as if fully set out herein, with the additions, insertions, deletions and changes as set forth under § 4-902 of this article.
(Ord. 1629, passed 5-4-2014; Ord. 1772, passed 6-21-2022)
§ 4-902 SAME; AMENDMENTS.
   The International Energy Conservation Code, adopted under § 4-901 is hereby amended as follows:
   (a)   101.1 Title. - insert [the City of Wamego] at [NAME of JURISDICTION].
   (b)   104.1 General. - second sentence shall read as follows:
“The construction documents and designs submitted under the provisions of Chapter 4 shall be prepared by a registered design professional except as provided under K.S.A. 74-7033.”
   (c)   Table 302.1 Exterior Design Conditions. - complete as follows:
 
Condition
Value
Winter, design dry-bulb (°F)
+3°
Summer, design dry-bulb (°F)
95°
Summer, design wet-bulb (°F)
77°
Degree days heating
5,265
Degree days cooling
3,880
Climate zone
11B
 
(Ord. 1629, passed 5-4-2014; Ord. 1772, passed 6-21-2022)
ARTICLE 10: PROPERTY MAINTENANCE
Section
   4-1001   Adoption of the International Property Maintenance Code
   4-1002   Same; amendments
§ 4-1001 ADOPTION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE.
   There is hereby incorporated by reference for the purpose of establishing standards for the protection of the public health, safety and welfare in all existing structures within the corporate city limits of the City of Wamego, Kansas, that standard property maintenance code known as the International Property Maintenance Code, 2018 Edition, including Appendix A, as recommended by the International Code Council, 500 New Jersey Avenue, NW 6th Floor, Washington, DC, 20001, save and except such articles, sections, parts or portions as may be hereinafter omitted, deleted, modified or changed. No fewer than one copy of such publication shall be marked or stamped “Official Copy as adopted by Ord. 1629”, and shall be attached to a copy of this ordinance and filed with the City Clerk and open for inspection and available to the public at all reasonable hours. All administrative departments of the city charged with enforcement of this code shall be supplied, at the cost of the city, such number of official copies, similarly marked, as may be deemed expedient.
(Ord. 1629, passed 5-4-2014; Ord. 1772, passed 6-21-2022)
§ 4-1002 SAME; AMENDMENTS.
   The International Property Maintenance Code, adopted by § 4-1001, is hereby changed, altered, modified and otherwise amended as follows:
   (a)   Section 101.1 of the International Property Maintenance Code is hereby changed to read as follows:
Section 101.1 Title. These regulations shall be known as the International Property Maintenance Code, of the City of Wamego, Kansas, hereinafter referred to as the International Property Maintenance Code or “this code”.
   (b)   Section 102.3 of the International Property Maintenance Code is hereby changed to read as follows:
Section 102.3 Application of other codes. Repairs, alterations, additions to a structure, or changes of occupancy, shall be done in accordance with the International Building, Residential, Plumbing, Mechanical, Fuel Gas, Existing Buildings or National Electrical Codes as applicable and as adopted by the City of Wamego, Kansas.
   (c)   Section 103.5 of the International Property Maintenance Code is hereby deleted.
   (d)   Section 106.4 of the International Property Maintenance Code is hereby changed to read as follows:
Section 106.4 Penalty. Any person, firm, or corporation who shall violate any provision of this code shall, upon conviction thereof, be subject to a fine of not more than five hundred dollars ($500) or imprisonment for a term not to exceed six months, or by both fine and imprisonment, at the discretion of the court. Each day that a violation continues after due notice has been served, in accordance with the terms and provisions hereof, shall be deemed a separate offense.
   (e)   Section 111.1 of the International Property Maintenance Code is hereby deleted.
   (f)   Sections 111.2.1, 111.2.2, 111.2.3, 111.2.4 and 111.2.5 of the International Property Maintenance Code are hereby deleted.
   (g)   Section 112.4 of the International Property Maintenance Code is hereby changed to read as follows:
Section 112.4 Failure to Comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not more than five hundred dollars ($500) or imprisonment for a term not to exceed one hundred eighty days (180) days, or by both fine and imprisonment, at the discretion of the court. Each day that a violation continues after due notice has been served, in accordance with the terms and provisions hereof, shall be deemed a separate offense.
   (h)   Section 202 of the International Property Maintenance Code is hereby changed to add the following definition:
Family: Either (a) an individual or two or more persons related by blood, marriage, or adoption, or under foster care established by governmental action, living together as a single housekeeping unit; or (b) a group of not more than four persons some of which are not related by blood, marriage or adoption, living together as a single housekeeping unit. There shall be a rebuttable presumption that or more people living together as a single housekeeping unit are not a family.
   (i)   Section 202 of the International Property Maintenance Code is hereby changed to amend the following definition:
Dwelling Unit: A single unit providing complete, independent living facilities for one family, including permanent provisions for living, sleeping, eating, cooking and sanitation.
   (j)   Section 302.4 of the International Property Maintenance Code is hereby deleted.
   (k)   Section 302.8 of the International Property Maintenance Code is hereby deleted.
   (l)   Section 304.14 of the International Property Maintenance Code is hereby changed to read as follows:
Section 304.14 Insect Screens. During the period from April 1 to December 1, every door, window and other outside opening used or required for ventilation purposes serving any building containing habitable rooms, food preparation areas, food service areas, or any areas where products used in food for human consumption are processed, manufactured, packaged, or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch.
   (m)   Section 304,18.1 of the International Property Maintenance Code is hereby changed to read as follows:
Section 304.18.1 Doors. All exterior doors, door assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwelling units, rooming units and guestrooms shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3.
   (n)   Section 402.1 of the International Property Maintenance Code is hereby changed to read as follows:
Section 402.1 Habitable Spaces. Every habitable space shall have at least one window of approved size facing directly to the outdoors or to a court. The minimum total window area, measured between stops, for every habitable space shall be five square feet, except when artificial light and ventilation may be provided in accordance with the provisions of the building or residential code. Whenever walls or other portions of a structure face a window of any room and such obstructions are located less than three feet from the window and extend to a level above that of the ceiling of the room, such a window shall not be deemed to face directly to the outdoors not to a court and shall not be included as contributing to the required minimum total window area for the room.
   (o)   Section 402.2 of the International Property Maintenance Code is hereby changed to read as follows:
Section 402.2 Common halls and stairways. Every common hall and stairway, other than in one and two-family dwellings, shall be capable of being lighted at all times with at least a 60 watt standard incandescent light bulb or equivalent (sufficient natural light shall serve as an equivalent) for each 200 square feet (19 square meters) of floor area, provided that the spacing between lights shall not be greater than 30 feet (9,144 mm). Every exterior stairway shall be illuminated with a minimum of one foot candle (11 lux) at floors, landings and treads.
   (p)   Section 404.2 of the International Property Maintenance Code is hereby changed to read as follows:
Section 404.2 Minimum room widths. A habitable room, other than a kitchen, shall not be less than seven feet (2,133mm) in any plan dimension. Kitchens shall have a clear passageway of not less than two feet (762mm) between counter fronts and appliances or counter fronts and walls.
   (q)   Section 404.3 of the International Property Maintenance Code is hereby changed to read as follows:
Section 404.3 Minimum Ceiling Heights. Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a clear ceiling height of not less than seven feet (2134 mm).
Exceptions:
   1.   Beams, girders or similar obstructions spaced not less than four feet on center and projecting not more than six inches below the required ceiling height.
   2.   Basement rooms having a ceiling height of not less than 6 feet 8 inches with not less than six feet four inches of clear height under beams, girders, ducts and similar obstructions.
   3.   Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a clear ceiling height of at least seven feet over not less than one third of the minimum required floor area. In calculating the floor area of such rooms, only those portions of the floor area with a ceiling height of at least five feet or more shall be included.
   (r)   Section 404.4.1 of the International Property Maintenance Code is hereby changed to read as follows:
Section 404.4.1 Room Area. Every living room shall contain at least 120 square feet and every bedroom shall contain at least 70 square feet.
   (s)   Section 404.5 of the International Property Maintenance Code is hereby changed to read as follows:
Section 404.5 Overcrowding. The number of persons occupying a dwelling unit shall not create conditions that, in the opinion of the code official, endanger the life, health, safety or welfare of the occupants.
   (t)   Sections 404.5.1 and 404.5.2 of the international Property Maintenance Code are hereby deleted.
   (u)   Section 502.4.1 of the International Property Maintenance Code is hereby changed to read as follows:
Section 502.4.1 Drinking facilities. Drinking facilities shall be a drinking fountain, water cooler, bottled water cooler, or disposable cups next to a sink or water dispenser. Drinking facilities within drinking or dining establishments or wholesale or retail grocery stores shall not be located in toilet rooms or bathrooms.
   (v)   Section 602.3 of the International Property Maintenance Code is hereby changed to read as follows:
Section 602.3 Heat Supply. Every owner and operator of any building who rents, leases or lets one or more dwelling unit, rooming unit, dormitory or guest room on terms, either express or implied, to furnish heat to the occupants thereof shall supply sufficient heat during the period from October 1 to May 15 to maintain a room temperature of not less than 65 degrees Fahrenheit (18 degrees Celsius) in all habitable rooms, bathrooms and toilet rooms during the hours between 6:30 a.m. and 10:30 p.m. of each day and not less than 60 degrees Fahrenheit (16 degrees Celsius) during other hours. The temperature shall be measured at a point three feet (914mm) above the floor and three feet (914mm) from the exterior walls.
   (w)   Section 602.4 of the International Property Maintenance Code is hereby changed to read as follows:
Section 602.4 Occupiable work spaces. Every enclosed occupied work space shall be supplied with sufficient heat during the period from October 1 to May 15 to maintain a temperature of not less than 65 degrees Fahrenheit (18 degrees Celsius) during all working hours. The temperature shall be measured at a point three feet (914 mm) above the floor and three feet (914 mm) from the exterior walls.
Exceptions:
   1.   Processing, storage and operation areas that require cooling or special temperature conditions.
   2.   Areas in which persons are primarily engaged in vigorous physical activities.
   (x)   Section 604.2 of the International Property Maintenance Code is hereby changed to read as follows:
Section 604.2 Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the National Electrical Code as adopted in § 4-402 of the city code of ordinances. Dwelling units shall be served by a three wire, 120/240 volt, single phase electrical service having a rating of not less than 60 amperes.
   (y)   Section 702.4 of the International Property Maintenance Code is hereby changed to read as follows:
Section 702.4 Emergency escape openings. Every sleeping room located in a basement in an occupancy in Use Group 1-1 or R shall have at least one openable window or exterior door approved for emergency egress or rescue; or shall have access to not less than two approved independent exits.
Exception:
Buildings equipped throughout with an automatic fire suppression system may have fixed windows in accordance with the International Building Code.
An approved emergency escape or rescue window shall have a minimum clear opening width and height of 18 inches, a minimum total clear openable area of four square feet, and a maximum sill height above floor level of 48 inches. Permanently installed step(s) may be used to attain maximum sill height. Such step(s) must have a minimum tread of 12 inches and a maximum riser height of 16 inches. Emergency escape or rescue windows wells shall be a minimum of 24 inches measured from the exterior wall of the structure to the inside of the well and shall be at least as wide as the window.
(Ord. 1629, passed 5-4-2014; Ord. 1772, passed 6-21-2022)
ARTICLE 11: MOVING BUILDINGS
Section
   4-1101   Moving buildings; permit
   4-1102   Same; application
   4-1103   Same; bond
   4-1104   Same; fee
   4-1105   Same; notice to owners
   4-1106   Same; interfering with poles and wires
   4-1107   Same; cutting trees
   4-1108   Same; inspection
   4-1109   Same; display of lights; barricades
§ 4-1101 MOVING BUILDINGS; PERMIT.
   No person, firm or corporation shall move, haul, or transport any house, building, derrick or other structure of the height when loaded for movement of 16 feet or more from the surface of the highway, road, street or alley, or a width of 15 feet or more or which cannot be moved at a speed of four mph or faster, upon, across or over any street, alley or sidewalk in this city without first obtaining a permit therefor as hereinafter provided.
(Ord. 1629, passed 5-4-2014; Ord. 1772, passed 6-21-2022)
§ 4-1102 SAME; APPLICATION.
   All applications for permits required shall be made in writing to the Building Official specifying the day and hour the moving is to commence and the route through the city’s streets over which the building or structure shall be moved. If it shall be necessary to cut and move, raise or in any way interfere with any wires or poles, the application shall state the name of the owner of the wires or poles and the time and place, when and where the removal of the poles or the cutting, raising or otherwise interfering of the wires will be necessary. The city may specify a different route when deemed advisable. The application shall be made not less that 48 hours before the moving is to commence.
(Ord. 1629, passed 5-4-2014; Ord. 1772, passed 6-21-2022)
§ 4-1103 SAME; BOND.
   It shall be the duty of any person at the time of making application for a permit as provided in this article to give a good and sufficient surety bond to the city, to be approved by the City Manager, indemnifying the city against any loss or damage resulting from the failure of any such person to comply with the provisions of this article or for any damage or injury caused in moving any such house or structure provided the bond herein shall be in the sum of $5,000, or cash may be deposited in lieu of such surety bond. A public liability insurance policy issued by an insurance company authorized to do business in the state, in the amount of $100,000 per person, $300,000 per accident as to personal injury, and $50,000 property damage may be permitted in lieu of a bond.
((Ord. 1629, passed 5-4-2014; Ord. 1772, passed 6-21-2022)
§ 4-1104 SAME; FEE.
   Before any permit to move any house or structure is given under the provisions of this article, the applicant shall pay an application fee of $100 therefor to the Building Official, to be deposited to the credit of the General Operating Fund of the city.
(Ord. 1629, passed 5-4-2014; Ord. 1772, passed 6-21-2022)
§ 4-1105 SAME; NOTICE TO OWNERS.
   (a)   Upon issuance of a moving permit the applicant shall give not less than 15 days’ written notice to any person owning or operating any wires, cables or other aerial equipment along the proposed route of the intent to move the structure, giving the time and location that the applicants moving operation shall necessitate the cutting, moving, raising or interfering of any wires, cables or other aerial equipment.
   (b)   The notice provision of division (a) above shall not apply where the person owning or operating any wires, cables or other aerial equipment has waived their right to advance notice.
   (c)   Should the moving operation be delayed, the applicant shall give the owner or his or her agent not less than 24 hours advance notice of the actual operation.
   (d)   It shall be the duty of the person or the city owning or operating such poles or wires after service of notice as provided herein, to furnish competent linemen or workmen to remove such poles, or raise or cut such wires as will be necessary to facilitate the moving of such house or structure. The necessary expense which is incurred thereby shall be paid by the holder of the moving permit.
(Ord. 1629, passed 5-4-2014; Ord. 1772, passed 6-21-2022)
§ 4-1106 SAME; INTERFERING WITH POLES AND WIRES.
   No person engaged in moving any house or other structure shall raise, cut or in any way interfere with any such poles or wires unless the persons or authorities owning or having control of the same shall refuse to do so after having been notified as provided in § 4-1105, and then only competent and experienced workmen shall be employed in such work, and in such case the necessary and reasonable expense shall be paid by the owners of the poles and wires handled. The work shall be done in a careful and workmanlike manner, and the poles and wires shall be promptly replaced and the drainages thereto properly repaired.
(Ord. 1629, passed 5-4-2014; Ord. 1772, passed 6-21-2022)
§ 4-1107 SAME; CUTTING TREES.
   No person shall trim or cut any shade trees for the purpose of allowing any building to pass through or upon any street, avenue or alley or lands within the city without the consent and under the direction of the owner of the trees and of the Director of Public Works.
(Ord. 1629, passed 5-4-2014; Ord. 1772, passed 6-21-2022)
§ 4-1108 SAME; INSPECTION.
   It shall be the duty of the Chief of Police or his or her designee from time to time, to inspect the progress of moving any building, derrick, house or other structure and to see that the house, building, derrick or other structure is being moved in accordance with the provisions of this article.
(Ord. 1629, passed 5-4-2014; Ord. 1772, passed 6-21-2022)
§ 4-1109 SAME; DISPLAY OF LIGHTS; BARRICADES.
   It shall be the duty of mover during the course of the moving to display red lights on the structure in such a manner as to show the extreme height and width thereof from 30 minutes after sunset to 30 minutes before sunrise, and in the nighttime when the structure shall be standing in any street or public way, the same shall be guarded in the above manner by barricades and flares.
(Ord. 1629, passed 5-4-2014; Ord. 1772, passed 6-21-2022)
ARTICLE 12: NUMBERING BUILDINGS
Section
   4-1201   Numbering buildings; continuation of existing system
   4-1202   Same; assignment of numbers
   4-1203   Same; disputes
   4-1204   Same; system variations
   4-1205   Same; display of numbers required
   4-1206   Same; penalty
§ 4-1201 NUMBERING BUILDINGS; CONTINUATION OF EXISTING SYSTEM.
   The long established and existing system of numbering buildings in the city shall be continued as hereinafter provided.
(Ord. 1629, passed 5-4-2014; Ord. 1772, passed 6-21-2022)
§ 4-1202 SAME; ASSIGNMENT OF NUMBERS.
   It shall be the duty of the Building Official to assign street numbers for all newly erected buildings, or for any changes in the fronts of buildings already erected. Such numbers shall be assigned to conform, as nearly as possible, to the existing system of numbering buildings.
(Ord. 1629, passed 5-4-2014; Ord. 1772, passed 6-21-2022)
§ 4-1203 SAME; DISPUTES.
   In case of any dispute or controversy as to the street number of any existing building or of any building hereafter erected, the matter shall be submitted to and determined by the City Manager, whose decision shall be final.
(Ord. 1629, passed 5-4-2014; Ord. 1772, passed 6-21-2022)
§ 4-1204 SAME; SYSTEM VARIATIONS.
   In the cases of irregular shaped blocks and irregularly designed or routed streets or cul-de-sacs, the Building Official in his or her discretion, may vary the established building numbering system as he or she shall deem necessary and reasonable under the circumstances.
(Ord. 1629, passed 5-4-2014; Ord. 1772, passed 6-21-2022)
§ 4-1205 SAME; DISPLAY OF NUMBERS REQUIRED.
   The owner or occupant of every building in the city is required to display the street number of such building on the front of such building. In the case of multiple buildings on a site, the building designation shall also be displayed. The numbers and/or letters so displayed shall be in accordance with § 505 of the International Fire Code, except that the minimum height of the numbers and/or letters for business building addresses shall have a height of not less than six inches. Identification of multiple-tenancy buildings shall include display of each unit designation upon or near the door of the corresponding unit, which shall have height of not less than two and one-half inches.
(Ord. 1629, passed 5-4-2014; Ord. 1772, passed 6-21-2022)
§ 4-1206 SAME; PENALTY.
   Any person owning or occupying a building in the city who shall fail to display the street number assigned to such building by the City Manager as herein provided, shall, upon conviction thereof, be fined not more that $10.
(Ord. 1629, passed 5-4-2014; Ord. 1772, passed 6-21-2022)
ARTICLE 13: DEMOLITION OF STRUCTURES
Section
   4-1301   Demolition of structures; permit required
   4-1302   Same; fee
   4-1303   Abandoned sewers
   4-1304   Same; clean-up; filling in of basement
   4-1305   Same; violation
§ 4-1301 DEMOLITION OF STRUCTURES; PERMIT REQUIRED.
   No person shall demolish any building or structure within the city of a type regulated by the building codes of the city, nor demolish any manufactured home on-site, without having first obtained a demolition permit issued by the Building Official in accordance with the provisions of this article.
(Ord. 1629, passed 5-4-2014; Ord. 1732, passed 7-21-2020; Ord. 1772, passed 6-21-2022)
§ 4-1302 SAME; FEE.
   A fee of $25 per building or structure shall be collected from the applicant at the time the demolition permit is issued. Such fee shall be charged for inspection by the Building Official for compliance with the provisions of this article, and credited to the General Operating Fund of the city.
(Ord. 1629, passed 5-4-2014; Ord. 1772, passed 6-21-2022)
§ 4-1303 ABANDONED SEWERS.
   Every abandoned building sewer, or part thereof, shall be plugged or capped in an approved manner within five feet of the property line. This work shall be accomplished and inspected by the Building Official within three days after the building is demolished.
(Ord. 1629, passed 5-4-2014; Ord. 1772, passed 6-21-2022)
§ 4-1304 SAME; CLEAN-UP; FILLING IN OF BASEMENT.
   Within one week following commencement of the demolition of any building or structure, the lot shall be cleaned up, and the basement, foundation, footings and any other subterranean structure such as a cistern, shall be removed, filled in and leveled. The demolition area shall be secured by an approved means during removal. Completion of such work may extend beyond the one week time period upon approval of an application therefor by the Building Official.
(Ord. 1629, passed 5-4-2014; Ord. 1772, passed 6-21-2022)
§ 4-1305 SAME; VIOLATION.
   Any person in violation of this article shall be guilty of an offense punishable as provided by § 1-117 of the city code.
(Ord. 1629, passed 5-4-2014; Ord. 1772, passed 6-21-2022)
ARTICLE 14: UNDERGROUND UTILITY DAMAGE PREVENTION AND SAFETY
Section
   4-1401   Definitions
   4-1402   Same; excavation; foundations; footings
   4-1403   Same; violations
§ 4-1401 DEFINITIONS.
   For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   EXCAVATION. Any operation in which earth, rock or other material below the surface is moved or otherwise displaced by any means, except tilling the soil for normal agricultural or gardening purposes.
   UTILITY. City of Wamego owned underground electric, water, sanitary sewer and storm sewer lines and facilities.
(Ord. 1586, passed 4-3-2012; Ord. 1629, passed 5-4-2014; Ord. 1772, passed 6-21-2022)
§ 4-1402 SAME; EXCAVATION; FOUNDATIONS; FOOTINGS.
   (a)   It shall be unlawful for any person to make an excavation within three feet in any direction from an existing utility that has been duly marked in accordance with the Kansas Underground Utility Damage Prevention Act, being K.S.A. 66-1801 et seq., or has been exposed or otherwise located; without written and certified authorization of the city supervisor in charge of the marked or identified utility.
   (b)   No foundation, footing, form, post or other supporting feature shall be poured or placed within three feet in any direction from an existing utility so marked or otherwise located; without such authorization.
(Ord. 1586, passed 4-3-2012; Ord. 1629, passed 5-4-2014; Ord. 1772, passed 6-21-2022)
§ 4-1403 SAME; VIOLATIONS.
   Any person making an excavation, or pouring or placing a foundation, footing, form, post or other supporting feature, in violation of this article, upon conviction shall be fined in any sum not exceeding $100, and further may be subject to compensating the city for the cost of labor, equipment and materials required to restore any damaged utility to its former condition.
(Ord. 1586, passed 4-3-2012; Ord. 1629, passed 5-4-2014; Ord. 1772, passed 6-21-2022)
ARTICLE 15: SHIPPING CONTAINERS
Section
   4-1501   Shipping container; definition
   4-1502   Same; prohibition in residential districts
   4-1503   Same; violation
§ 4-1501 SHIPPING CONTAINER; DEFINITION.
   For the purpose of this article, the following definition shall apply unless the context clearly indicates or requires a different meaning.
   SHIPPING CONTAINER. A large box, with or without a roof or a chassis and/or wheels underneath, designed primarily for shipping or hauling materials, but which is also suitable for storage of materials. Examples of such containers include intermodal freight containers, site boxes, pods, truck trailers when used for storage, roll-off dumpsters and similar containers.
(Ord. 1675, passed 1-3-2017)
§ 4-1502 SAME; PROHIBITION IN RESIDENTIAL DISTRICTS.
   (a)   It shall be unlawful to site a shipping container in a residential district, as depicted on the city’s Official Zoning Map and within the corporate limits of the city, for use as a storage shed or garage, except as provided under division (b) below.
   (b)   The Building Official may authorize placement of a shipping container in a residential district within the city for a period not to exceed three months, for use as temporary storage, however such authorization shall not be construed as a building permit or zoning permit, and a shipping container may not be relocated to a new site on the subject property in order to extend the allowable timeframe for placement. Such authorization shall be documented and retained by the Building Official, and shall specify the location upon the subject property, which may require a site behind building setback lines established under the applicable residential zoning district of the city’s zoning ordinance.
(Ord. 1675, passed 1-3-2017)
§ 4-1503 SAME; VIOLATION.
   Any person placing a shipping container in a residential district within the city without having received authorization from the Building Official, or who fails to remove such container so authorized within the three-month timeframe established above, shall upon conviction be fined in any sum not exceeding $500, and further may be subject to compensate the city for any expenses incurred in removing such container. Each and every day that such violation continues shall constitute a separate offense. In addition, the city may institute mandamus, or other appropriate action or proceedings to correct or abate such violation.
(Ord. 1675, passed 1-3-2017)