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 St. Francis, 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 St. Francis;
(c) Whenever the term building official is used in the building code, it shall be held to mean the building inspector of his or her authorized designee.
(Code 1994; Code 2003; Code 2015)
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 Uniform Building Code, 1994 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. No fewer than three copies of the Uniform Building Code shall be marked or stamped “Official Copy as Incorporated by the Code of the City of St. Francis,” 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 such code shall be punished as provided in Section 1-116 of this code.
(Code 1978, 5-101:102; Code 1994; Code 2003; Code 2015)
For purposes of identification and as an assist to emergency personnel, all residences, commercial businesses, or buildings within the corporate limits of the City of St. Francis shall have approved address numbers, building numbers, or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property.
(a) A number shall be considered approved if: (1) the numbers contrast with their background, (2) the numbers are Arabic Numerals or alphabet letters, (3) the numbers are a minimum of four (4) inches (102 mm) high with a minimum stroke width of one-half (0.5) inch (12.7 mm).
(b) All owners of residences, commercial businesses or buildings within the corporate limits of the City of St. Francis shall comply with this section no later than 90 days after this section becomes effective. Failure to comply with this section within 90 days shall be enforced and penalized. The penalty shall be $25 for non-compliance 91-120 days after this section becomes effective, $50 for non-compliance 121-150 days after this section becomes effective, and $75 for non-compliance each 30 days after 150 days. A separate penalty shall be assessed for each period of non-compliance.
(c) Secondary, ancillary, and additional buildings at the same address as a residence, commercial business, or other building shall be exempt from the requirements of this section.
(Ord. 625)
The following sections of this article are in addition to the provisions of the standard code incorporated by reference in Section 4-202.
(Code 1994; Code 2003; Code 2015)
This and other articles relating generally to building and structures shall be administered and enforced by the mayor. With the approval of the Mayor and Governing Body, the City Superintendent shall act as chief building official and assume the responsibilities of building inspector.
(Code 1978, 5-104:105; Code 1994; Code 2003; Code 2015)
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 chapter.
(Code 1978, 5-107; Code 1994; Code 2003; Code 2015)
(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 official 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 official and a signed copy shall be furnished to the applicant.
(Code 1994; Code 2003; Code 2015)
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 erected or which may hereafter be erected or remodel any building or structure within the city without a building permit being first obtained therefore 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.
(Code 1994; Code 2003; Code 2015)
(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) Proof of contractor insurance;
(13) 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 of his or her duly authorized agent, or building contractor registered with 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 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, subject to review and final approval by the city governing body.
(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 permit, when approved and issued, provided for a different construction period. If work is not completed within the time allotted by the permit, a new permit, plus applicable fees, shall be required.
(Code 2003; Code 2015)
The use of any and all exterior galvanized and/or unpainted metal on the exterior of any structure or improvements addressed by this Article or Articles 12 and 13 of this chapter is not allowed. Use of exterior galvanized materials are subject to prior approval of the building official and should be specifically identified on the application for a building permit.
(Code 2003; Code 2015)
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.
(Code 1994, 4-209; Code 2003; Code 2015)
No permit as required by the building code shall be issued until the fee prescribed in this article shall have been paid. Nor shall an amendment to a permit be approved until the additional fee, if any, due to an increase in the estimated cost of the building or structure, shall have been paid. Fees shall be as follows:
(a) For a permit for the construction or alteration of a building or structure, the fee shall be at the rate of $.75 per $1,000 of the estimated cost up to $20,000; plus $.50 per $1,000 of the estimated cost in excess of $20,000 up to $100,000; plus $.25 per $1,000 of the estimated cost in excess of $100,000; but not less than $5.00 in any case, provided, that no fee shall be required when the estimated cost does not exceed $200.
(b) For a permit for the removal of a building or structure from one lot to another, the fee shall be at the rate of $.50 per $1,000 of the estimated value of the building or structure in its completed condition after removal.
(c) For a permit for the removal of a building or structure to a new location within the same lot, the fee shall be at the rate of $.50 per $1,000 of the estimated costs of moving, of new foundations and of work necessary to put the building or structure in usable condition in its new location.
(d) For a permit for the demolition of a building or structure the fee shall be at the rate of $2 for each 10 feet in the height of such building or structure plus 1% additional for each foot of street frontage of the building or structure in excess of 50 feet.
(e) The term “estimated cost” as used in this section, means the reasonable value of all services, labor, materials, and use of scaffolding and other appliances or devices entering into and necessary to the prosecution and completion of the work ready for occupancy, provided, that the cost of excavation or grading, and of painting, decorating or other work that is merely for embellishment or not necessary for the safe and lawful use of the building or structure, is not deemed a part of such estimated cost.
The fee herein shall be paid to the city clerk upon obtaining a building permit and the same shall be created to the general operating fund of the city.
(Code 1978, 5-109; Code 1994; Code 2003; Code 2015)
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 1994; Code 2003; Code 2015)
A builder or building contractor must procure and maintain a liability insurance policy in the amount of $250,000 for the death or injury of any one person and $500,000 for the death or injury of any number of persons in any one accident and $500,000 for property damage in any one accident. Such policies of insurance shall be issued by some 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 1994, 4-212; Code 2003; Ord. 574; Code 2015)
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 registered with the city.
(Code 1994, 4-213; Code 2003; Code 2015)
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 1978, 5-103; Code 1994, 4-214; Code 2003; Code 2015)
Any such person, firm or corporation shall, upon conviction of a violation of this article be fined not less than $25 nor more than $100. Provided, that it shall be the responsibility of the offender to abate the violations as expeditiously as possible after notice, and each day that any violation is permitted to continue after the date specified within which said notice shall state for abatement or correction of the work constituting a violation shall be a separate offense.
(Ord. 491; 4-215; Code 2003; Code 2015)
Upon failure of such person, firm or corporation to cease and desist from continuing any activity prohibited by this article, the Building Official is authorized and directed to apply to the appropriate court with jurisdiction, on behalf of the city, to obtain a court order of injunctive relief against the continuing unlawful activity.
(Ord. 491; 4-216; Code 2003; Code 2015)