CHAPTER IV. BUILDINGS AND CONSTRUCTIONCHAPTER IV. BUILDINGS AND CONSTRUCTION\ARTICLE 1. BUILDING CODE

ARTICLE 1. BUILDING CODE

There is hereby incorporated by reference for the purpose of regulating construction within the corporate limits of the city of Stockton, Kansas, that certain uniform code known as the International Building Code, 2009 Edition, as published by the International Code Council. One copy shall be marked or stamped “Official Copy as Adopted by Ordinance No. 1563,” and filed with the City Clerk to be open to inspection and available to the public at all reasonable hours. All administrative departments of the city charged with enforcement of the ordinance shall be supplied, at the cost of the city, such number of official copies of such International Building Code similarly marked, as may be deemed expedient.

(K.S.A. 12-3009:3012; Code 1959, 5- 102; Code 1984, Ord. 1563)

Every person, firm or corporation shall, before engaging in the construction business as a building contractor. in the city, secure an annual license from the city clerk, and the amount of such annual license is hereby fixed and assessed at $15, and shall procure and maintain a liability insurance policy in the amount of $100,000 for the death or injury of anyone person and $300,000 for the death or injury of any number of persons in anyone accident and $50,000 for property damage in anyone 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.

(Ord. 1149; Code 1984)

No person shall 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 on which may hereafter be erected or remodel any building or structure within the city without a building permit being first obtained and approved by the city. The application for such permit shall be made and the permit obtained before work is commenced upon the foundation of any such building or structure, or before the removal of any building begins. The application shall state the exact site to be occupied, the dimensions and estimated cost of the proposed building, structure or addition, the purpose for which the same is to be occupied for use, the materials to be used, and such other information, including buildings, plans and specifications, as may be required to show the likelihood of compliance with the ordinances of the city inspecting building or construction of any such work and the probable time in which the work will be completed.

(Code 1959, 5-105; Code 1984; Code 2015)

The fee for a building permit shall be $25 provided, where it is proposed only to move a building into the city or to relocate an existing building therein, and it shall be necessary to comply with the provisions of sections 4-701 through 4-709, the permit fee to be charged shall be governed by section 4-704. The fee herein shall be paid to the city clerk upon obtaining a building permit and the same shall be credited to the general operating fund of the city.

(Ord. 1149; Code 1984)

(Code 2015)

The city manager shall appoint some qualified officer or employee of the city to be and perform the duties of building inspector as may be required.

(Code 1984)

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 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; 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 1984)

The building inspector shall have the following powers:

(a)   To enter any building or structure or premises, whether complete or in the process of erection, to perform the duties contained in Article 2 of 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 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.

(Code 1984-)

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 herein.

(Code 1984)

(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 1984)

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, or by reason of any certificate of inspection issued by it.

(Code 1984)

If any section of the Uniform Building Code 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 provisions of the Uniform Building Code, the section to be completely severable from the remaining provisions which shall continue in full force and effect.

(Code 1959, 5-107; Code 1984)