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

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, 2009 Edition, as published by the International Code Council, 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 International Building Code, 2009 Edition, shall be marked or stamped “Official Copy as Incorporated by the Code of the City of Hoisington,” 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 2006; Code 2012)

The following sections of this article are in addition to the provisions of the standard code incorporated by reference in section 4-101.

(Code 2006)

(a)   This and other articles of the city relating generally to building and structures shall be administered and enforced by the department of public works. The city manager shall act as chief building official and may assume the responsibilities of or 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 manager shall prepare such application, permit, inspection and record forms as may be required for the purposes of the article. The city manager 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 1962, 5-102; Code 1985)

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 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 the foundation of any such building or structure, or before the removal of any building begins.

(Code 1962, 5-103; Code 1985)

(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)   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.

(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

(Code 1962, 5-104; Code 1985)

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 inspector 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 1962, 5-105)

The fee for a building permit shall be $10.00 for a building project under $1,000; $45.00 for a project between $1,001 - $10,000; $60.00 for a building project between $10,000 - $50,000; and $100.00 for any project over $50,000. 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.

(Code 1962, 5-106; Ord. 807, Sec. 1; Code 2006; Code 2012; Res. 15-2013; 2015 fee schedule)

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 permit shall be placed in such a manner that it is visible to the public from the street or public right-of-way. 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.

(Ord. 1115, Sec. 1)

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

(Code 1962, 5-102; Code 2006)

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, 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 1962, 5-102, 5-108; Code 1985)

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 set out 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 Jaws 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 accordance with the building regulations of the city, subject to the right of any builder or owner to appeal to the governing body.

(Code 1962, 5-108; Code 1985)

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 1962, 5-108; Code 1985)

(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 1985)

(a)   The contractor or building having a permit for new construction, or additions to existing buildings, shalt 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 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 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 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 1962, 5-107)

Upon the completion of any work under a building permit, the chief building official 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.

(Code 1962, 5-108; Code 1985)

The fire limits of the city shall be and the same are hereby designated and bounded as follows: Blocks 20, 21, 28, 29, 36, 37, the east 1/2 of 38, the east 1/2 of 43, 44, 45, Original Town Site of the city; Block 1, and Lots 1 through 6 and Lots 9 through 3 of Block 3, of the Weiser Addition to the city and the alleys abutting and adjacent thereto, all within the city.

(Code 1962, 5-109)

(a)   Within the designated fire limits of the city, it shall be unlawful to erect or locate any new building or structure of wood frame construction or of unprotected construction. However nothing shall prohibit the construction, location and occupancy of buildings of wood frame or unprotected metal construction within the fire limits under the following conditions:

(1)   Temporary builders' shanties for use only with a duly authorized building operation when located on the same lot with such building operation, or on a lot immediately adjoining, or on an upper floor of the building under construction, or on a sidewalk or public way;

(2)   Buildings, not over 15 feet high and not more than 150 square feet, and not affixed to permanent foundation, for use in connection with an established car parking or used car lot when the same are located not less than 10 feet from the exterior lot lines of such premises and 10 feet from other buildings of combustible construction on the same premises; and

(3)   Ice houses and material bins when built of planking and timbers of the dimensions specified for heavy timber construction.

(b)   It shall further be unlawful, within the fire limits, to extend any existing buildings by new construction on any side by wood frame or unprotected metal construction except as may otherwise be authorized by section 4-118 of this article.

(Code 1962, 5-110)

A building or structure of wood frame construction or of unprotected metal construction, located within the fire limits, shall not hereafter be increased in height; nor shall any such building be extended on any side, unless such extension conforms to this article for new construction within the fire limits. The area of any building so extended shall not exceed the allowable area for wood frame construction. However, existing buildings of wood frame construction, constructed and maintained as a residence by one family, may be remodeled or enlarged by the use of the same material from which originally constructed when no material change is made in the area of such building and the roof thereof is constructed or reconstructed of fire retardant materials having a fire rating of two hours. Nothing in this article shall prohibit other alterations within the fire limits when there is no change in the occupancy of such building to a prohibited class of occupancy.

(Code 1962, 5-111)

No building of wood frame construction or unprotected metal construction shall be moved from without to within the fire limits, or from one place to another within the fire limits of the city. Nothing herein shall prohibit the location or moving of any such building for the purposes excepted by section 4-117.

(Code 1962, 5-112)

(a)   Any existing building, within the fire limits, of wood frame construction which may hereafter be damaged by fire, to an amount greater than 50% of its value before such fire, exclusive of foundations, shall not be repaired, nor shall any such building be rebuilt or replaced except in conformity in all respects with the requirements of this article for new construction within the fire limits.

(b)   The roof of any building within the fire limits hereafter replaced or reconstructed shall conform in all respects to the requirements of this article for construction of roofs within the fire limits.

(Code 1962, 5-113)

(a)   A contractor for purposes of this article shall be:

(1)   Any person, firm, co-partnership, corporation, association, or any combination thereof, whether a resident or not of the city, who or which undertakes with or for another, for a fixed sum, price, fee or any compensation other than wages, to build, construct, alter, repair, add to, wreck or move any building or structure (or any portion thereof), or any sidewalk, driveway entrance or structure in any street, or any advertising sign, panel poster or billboard, or any other structure, in the city, for which a building or construction permit may now or hereafter be required by the laws of the city; or

(2)   Who or which advertises or represents himself, herself, or itself to the public to have the capacity or ability to undertake, or submit a bid or offer to build, construct, alter, repair, add to or wreck, remove, restore or replace any building, structure or construction work or any portion thereof; or (3)   Who or which builds, constructs, alters, adds to or wrecks any buildings or structures either on his or her own or other property for purposes of sale or speculation, except one and two-family residences and buildings or structures accessory thereto and intended for his or her own personal use and permanent occupancy.

(b)   The contractor as defined shall not mean or include:

(1)   Any subcontractor working under the supervision of a general contractor; or

(2)   Any plumbers, gas fitters, electricians, or other specialized occupation for which special licenses or bonds are required by other city laws; or

(3)   Any owner or his or her authorized agents or employees making ordinary repairs to any building or structure not involving the structural parts of the building for which a permit is not required or on which a contractor, as defined, is not employed or engaged to perform; or

(4)   Any construction work not involving a total cost of $100.00 exclusive of labor.

(Code 1962, 5-201; Code 1985)

(a)   Each contractor shall before entering upon any building or construction work subject to regulation by city laws, apply to the city clerk for a contractor's license, receive the same, and have in his or her possession a valid license authorizing him, her or it to engage in the trade or occupation of building contractor in the city.

(b)   No permit for any building or construction work shall be issued for any such work to be performed by a contractor, as defined, who has not first obtained a license upon making a proper application and payment of the license fee as required.

(c)   It shall be unlawful for any person, firm, company, association or corporation to enter into a contract or agreement with another so as to bring himself, herself, or itself under the definition of contractor herein, or to perform any work as a contractor or any work under a contract for any work involving the construction, wrecking or moving of any building, without first having obtained a contractor's license.

(Code 1962, 5-202)

(a)   Application for a contractor's license shall be made upon a form to be supplied by the city which shall disclose the name of the applicant, his or her place of business in the city (and home office if a nonresident), the kind of contracting work engaged in (as general contracting, roofing, siding, masonry, plastering, lathing, excavating, waterproofing, metal work, foundation work, sign hanging, cement work and painting and paper hanging, house wrecking or moving and the like), the length of time engaged in such work and places where work has been performed within the past two years. The application shall be signed by the contractor or his or her authorized agent. Such license shall be issued by the city clerk, upon payment of the fees provided in section 4-124 after approval of the council.

(Code 1962, 5-203; Ord. 1344; Code 2006)

(a)   The following license fees shall be paid for the calendar year or major fraction thereof:

(1)   General Contractor, who shall qualify to engage in more than one kind of contract work, except house moving, the sum of $110.00;

(2)   Limited Contractor, who shall qualify to engage in not more than one kind of contract work, the sum of $60.00;

(3)   House Wreckers or Movers, the sum of $60.00;

(4)   Sign Hangers and Panel Posters, the sum of $35.00.

(b)   Any licensee who shall renew an annual license after July 1 shall be charged a late-payment fee of 50% of the required license fee in addition to the fee required under subsection (a).

(c)   Each such license shall set forth the kind of contract work in which the licensee may engage. The licensee shall display his or her license at any place where he or she may be engaged in contract work or produce the same on demand of any city officer. All licenses shall be renewable annually as in the case of an original license on or before the first day of January of the year for which issued.

(d)   It shall be unlawful for any licensee to contract for any kind of work covered by this article other than that specified in the aforesaid license, without first having an approved license for such contracts.

(Code 1962, 5-204; Ord. 1006, Sec. 5; Code 2006; Res. 15-2013)

(a)   Before any license shall be issued to any contractor required by this article to obtain a license and pay a fee to the city, the contractor shall procure and maintain a liability insurance policy 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.

(b)   The licensee shall assume all risks incident to or in connection with its business and shall indemnify, defend and save the city harmless from damages or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the licensee's business and arising from acts or omissions of its employees and shall indemnify, defend and save harmless the city from any and all claims, suits, losses, damages, or injuries to any person or property of whatever kind or nature arising directly or indirectly out of the business or resulting from the carelessness, negligence or improper conduct of the licensee or any of its agents or employees.

(c)   The licensee shall carry workmen's compensation and employer’s liability in accordance with state laws and shall carry comprehensive general liability insurance, including broad form property damage liability and completed operations, in the following amounts:

(1)   Bodily Injury: $500,000 for the injury or death in anyone accident.

(2)   Property Damage: $250,000 per accident.

(d)   The insurance policies shall be issued by a company approved by the city. The city shall be furnished with a certificate of such insurance, which shall provide that such insurance shall not be changed or canceled without 10 days prior written notice to the city. Certificates of insurance shall be delivered to the city prior to issuance of the license.

(Ord. 1072, Sec. 1; Code 2006)

(a)   The license of any contractor may be suspended temporarily, for a period of not to exceed 30 days at any one time, by the city manager upon his or her own motion or upon a complaint of the city building inspector. Notice shall be given in writing to such contractor giving reasonable notice of a time of hearing of the complaint or the matter alleged against such contractor involving anyone or more of the following:

(1)   Misrepresentation of a material fact by applicant in obtaining a license;

(2)   Use of license to obtain a building permit for another;

(3)   Failure or neglect to observe conditions of permit authorizing encumbering of streets or sidewalks for safety of public;

(4)   Performance of any building or construction work without permit (where one is required by law); or

(5)   Willful disregard of any violation of the building and construction laws, or failure to comply with any lawful order of the city building inspector.

(b)   Any licensee may appeal in writing to the city council from any order of the city manager suspending his or her license for its final decision thereon. The council may upon such hearing terminate such suspension within not more than 30 days thereafter, or may revoke such license. If any license shall be revoked, the contractor shall not be eligible for a new license during a period of six months thereafter. No fee shall be refunded in event of the suspension or revocation of any contractor's license. (c)       It shall be unlawful to engage in the occupation or trade of contractor during the time any license of such contractor has been suspended or revoked.

(Code 1962, 5-206; Code 1997, 4-127)

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 1985; Code 1997, 4-128)

If any section of the International Building Code or of this article shalt 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 1985; Code 1997, 4-129)

(a)   Any person, firm, corporation or organization of any kind who violates any provision of this article shall be subject to the general penalties specified in section 1-117 of this code.

(b)   Each and every 24-hour period after an official notice of a violation of this article has been given to person, firm, corporation or organization of any kind who or which is in violation of this article, and after a reasonable time as specified on the official notice has expired for correction of such violation, shall constitute a separate violation of this code.

(Code 1985; Code 1997, 4-130)