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 McLouth, 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 McLouth;
(c) Whenever the term building official is used in the building code, it shall be held to mean the City Administrator or his/her designee.
(Code 2012; Ord. 2016-01)
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 McLouth,” 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 2012; Ord. 2016-01)
The following sections of this article are in addition to the provisions of the standard code incorporated by reference in section 4-202.
(Code 2012; Ord. 2016-01)
(a) This and other articles of the city relating generally to building and structures shall be administered and enforced by the city administrator. The city 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 city administrator or city clerk shall prepare such application, permit, inspection and record forms as may be required for the purposes of the article. The city 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 2012; Ord. 2016-01)
The city 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 2012; Ord. 2016-01)
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.
(Code 2012; Ord. 2016-1)
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 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 2012; Ord. 2016-1)
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 2012; Ord. 2016-1)
(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 2012; Ord. 2016-1)
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 therefor from the City, following review by the City Administrator, the City Inspector and final approval by the Planning Commission. To obtain such a permit the requesting party shall be required to provide a survey of the property from a registered land surveyor reflecting the easements thereon and neighboring property lines. This survey shall be at the cost of the requesting party. The requesting party shall also provide a drawing reflecting the placement of the proposed new building or structure in relation to city easements and neighboring property lines. A permit shall not be issued by the city until the City Inspector has reviewed the drawing and survey and can verify that the construction will be limited to the applicant's property and will not interfere with city easement(s). 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 2012; Ord. 2023-01)
(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) The application, plans and specifications filed by an applicant for a permit shall be checked by the city administrator or his or her designee. Such plans may be reviewed by other departments of the city to check compliance with the laws and ordinances under their jurisdiction. If the city administrator or his or her designee is satisfied that the work described in an application for permit and the plans filed therewith conforms to the requirements of this article and other pertinent laws and ordinances, and that fee specified herein has been paid, the city clerk shall issue a permit therefor to the applicant.
(d) Every permit issued by the city clerk or his or her designee under the provisions of article shall expire by limitation and become null and void, if the building or work authorized by such permit is not commenced within 120 days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 120 days. Before such work can be recommenced a new permit shall be first obtained so to do, and no fee therefor shall be 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.
(Ord. 301; Code 1984; Code 2012; Ord. 2016-1)
(a) 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 or structure 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 structure, 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.
(b) One set of approved plans, specifications, and computations shall be retained by the city administrator or his or her designee for a period of not less than 90 days from date of completion of the work covered therein.
(Ord. 301; Code 1984; Code 2012; Ord. 2016-1)
(a) 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.
(b) All construction work for which a building permit is required shall be subject to inspection by the city administrator or his or her designee. A survey of the lot may be required by the city clerk or his or her designee to verify compliance of the structure with approved plans. No work shall be done on any part of the building or structure beyond the point indicated in each successive inspection without first obtaining the written approval of the city administrator or his or her designee, which approval shall be given only after an inspection shall have been made of each successive step in the construction.
(c) Reinforcing steel or structural framework of any part of any building or structure shall not be covered or concealed without first obtaining the approval of the city administrator or his or her designee. The city administrator or his or her designee, upon notification from the permit holder or his or her agent, shall make the following inspections and shall either approve that portion of the construction as completed or shall notify the permit holder or his or her agent wherein the same fails to comply with this article.
(1) Foundation Inspection. To be made after trenches are excavated and forms erected and when all materials for the foundation are delivered on the job. Where concrete form a central mixing plant (commonly termed “transit mixed”) is to be use, materials need not be on the job.
(2) Frame Inspection. To be made after the room, all framing, fire blocking, and bracing are in place and all pipes, chimneys and vents are complete. Any interior load bearing walls shall be in place and open for inspection, if applicable.
(3) Final Inspection. To be made after building is completed and ready for occupancy.
(Ord. 301; Code 1984; Code 2012; Ord. 2012-09-1; Ord. 2016-1)
(a) Upon the completion of any building or structure construction work covered by this article, it shall be the duty of the person doing such work to notify the City of McLouth to request an inspection; after which such work shall be inspected at a time designated by the building inspector. The permit holder must be present on the premises to be inspected at the time of inspection. The failure of a permit holder to be present at the time of inspection will result in the forfeiture of the inspection fee. The payment of a second fee shall be required before the scheduling of an inspection necessitated by the prior failure to appear by a permit holder.
(b) Upon the completion of any work under a building permit, the chief building official, the building inspector or his or her designee is authorized to issue a certificate of approval for the occupancy and use of the building or structure. The certificate shall show the number of inspections made and the orders and corrections required during the course of the work. A copy of such certificate shall be given the owner
(Ord. 2012-09-01; Code 2012; Ord. 2016-01)
(a) The contractor or builder having a permit issued in accordance with this Article shall notify the chief building official or building inspector immediately upon the marking or laying out of the site and foundation for such work. The official or inspector shall inspect the layout for conformity with this article and with respect to lot lines, setbacks and location of the proposed buildings or structures to determine conformity with the city zoning regulations. In case of doubt respecting the required location, the chief building official may require an official survey of the lot lines to determine conformity, at the expense of the permit holder.
(b) Upon completion of the excavation for the building or structure foundation and footings and the construction of the necessary forms thereof and before the foundation and footings are poured or laid, the official or inspector shall be notified as in the first case, and it shall be his or her duty to inspect all such work for conformity with laws respecting location of the building or structure foundations and footings.
(c) The building inspector shall during the course of all building make such other inspections as may be directed by the chief building official to be made during any successive stage of the construction or other work covered by a permit in order to secure compliance with laws pertaining thereto.
(Code 2012; Ord. 2016-01)
To partially cover the cost of administering the procedure set forth in the zoning regulations, inspection fees shall paid in an amount as set forth by resolution of the City of McLouth, before any building or construction work will be approved or a certificate of approval issued.
(Ord. 2012-09-01; Code 2012; Ord. 2016-01)
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 or 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.
(Ord. 2012-09-01; Code 2012; Ord. 2016-01)
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 granted herein.
(Code 2012; Ord. 2016-01)
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 2012; Ord. 2016-01)
No construction or work may commence until a building permit is approved and issued. The fee for building permits described and required in Sections 4-210 and 4-211 above shall be as established by Resolution (See Resolution 2016-R-01, as amended). Failure to obtain a building permit after being advised of the requirement to do so will result in a $200.00 fine being added to the cost of the permit. Failure to obtain a permit may result in a stop order being issued on the project until all payments are made, and ultimately an order from the City to remove any construction and/or improvement which has occurred without issuance of a permit. A building permit must be approved, and fees paid prior to the release of any stop order. Applicants who wish to appeal the $200.00 fine may request a hearing with the Planning Commission, who may reduce such fine when that body determines such reduction is justified.
(Ord. 2023-10)