CHAPTER II. BUILDING AND PROPERTY REGULATIONCHAPTER II. BUILDING AND PROPERTY REGULATION\Article 2. Building Code

The standard codes known as the “2009 International Building Code, the 2009 International Residential Code, the 2009 International Existing Building Code, the 2009 International Plumbing Code, the 2009 International Mechanical Code, the 2009 International Fuel Gas Code, 2009 International Property Maintenance Code and the 2008 National Electrical Code” are hereby incorporated by reference, except such portions as may hereafter be deleted or amended.

(Ord. 3052; Code 2014)

The following amendments to the referenced codes shall be enforced:

(a)   2009 International Property Maintenance Code - all reference to interior maintenance of existing structures (multi-family buildings, including duplex units or leased single family homes) shall not be enforced unless and until the city deems necessary through additional policy.

(b)   2009 International Residential Code - prohibition on fire sprinkler requirements in certain residential dwellings. The City of Abilene shall not adopt or enforce any law requiring the installation and maintenance of residential fire sprinkler systems in single family dwellings, or dwellings of 2 units or less, or any manufactured home.

(K.S.A. 12-16,219; Code 2014)

The Community Development Inspector shall be charged with the interpretation and enforcement of all Development Codes as included herein.

(Code 2014)

Any person, firm or corporation desiring the installation of any new facilities for Plumbing, Electrical, Mechanical/HVAC, or proposing any alteration or additions to any existing wiring, plumbing, mechanical/HVAC system in, upon or attached to any building or structure in the city shall make application in writing to the Community Development Department for a permit. No permit shall be required for maintenance of minor repairs as determined by the Community Development Inspector. Furthermore:

(a)   No site grading, foundation, building or structure shall be commenced, erected, enlarged, remodeled, or moved within the city without a permit therefore from the City Clerk who may require a plan of the proposed work together with a statement of the estimated cost of materials and labor to be used. Such permit shall be issued upon approval of the Building Inspector and shall be conditional upon compliance with the provisions of this article.

(b)   For the purposes of this section, remodeling means the reconstruction or alteration of any portion of a structure in which rooms are added, load bearing members are altered, or the alteration affects the life safety of the occupants of the structure.

(c)   If construction is not commenced within thirty (30) days or completed within one (1) year from date of application, the permit shall be void and a new building application shall be made to the Community Development Department.

(d)   All Fees for development permits shall be maintained in the City of Abilene Comprehensive Fee Schedule. All fees shall be paid prior to issuance of a development permit, unless otherwise stated herein. Payment of fees may be submitted to the Community Development Department in the form of cash or check, credit/debit card. Licensed contractors may establish with the Community Development Department, an escrow account at the discretion of the Community Development Director and Finance Director. The Community Development Director at his/her discretion may approve a permit prior to receipt of payment, provided payment is received no later than ten (10) working days from the date of issuance of permit.

(e)   A roof permit shall be required for all projects involving the removal and replacement of roofing materials. A new permit shall be required for each separate project, with fees as prescribed in the City of Abilene Comprehensive Fee Schedule. All roofing contractors must register with the City of Abilene and obtain a license to operate as a roofing contractor in the City of Abilene. This license is renewed annually beginning on July 31, 2015 with fees as prescribed in the City of Abilene Comprehensive Fee Schedule. All roofing contractors must show proof of certification through the State of Kansas Attorney General’s office. No person shall engage in business as a roofing contractor without filing with the City evidence of a current policy of public liability insurance in the following amounts:

(1)   Three hundred thousand dollars ($300,000.00) for bodily injury liability;

(2)   Three hundred thousand dollars ($300.000.00) for the loss, destruction or injury of any property;

(3)   Automobile liability insurance in the amount of ($300,000.00).

Such policy shall be conditioned or extended to cover and include within its terms all employees, assistants and agents of the insured.

The fees for building inspections shall be five dollars ($5.00) each and shall include, but not be limited to, inspections for footings, stemwall, frames, and final inspections.

(f)   Any corporation, association, trust, foundation, or business organization which is qualified to accept donations that are deductible for federal income tax purposes pursuant to the Internal Revenue Code, specifically Sections 170(c) and 501 (c) and 501 (c)(3) thereof, shall be exempt from the building permit fees imposed by subsection (d) above, provided however, that this exemption shall not be construed to include inspection fees or similar charges established by other provisions of the City Code. This exemption shall not apply to public entities, such as the United States, the State of Kansas, or any political subdivision thereof.

(g)   No building used as a residence, commercial or industrial establishment shall be occupied unless a Certificate of Occupancy has been issued by the Community Development Inspector.

(K.S.A. 12-16,219; Ord. 3162; Ord. 3251; Code 2015)

Applications for all permits shall be made on blanks furnished by the Community Development Department and shall set forth in detail such work to be done, class and location of building and the name of the owner.

(Ord. 3052)

Permits shall be issued to licensed electricians, plumbers and mechanical contractors who have paid the regular city license fee. A permit may be issued to any person for any work to be performed personally by such person upon any residential premises owned and occupied by such person, except in the electrical wiring, plumbing and mechanical facilities of buildings constructed or remodeled for purpose of sale, rent, or commercial use

(Ord. 3052)

If the proposed work complies with the provisions of this article and the ordinances of the city, and the applicant meets the qualifications as herein provided, the Community Development Inspector shall issue to such applicant a permit reciting the location, type of work to be done and the name of the owner of the premises.

(Ord. 3052)

Upon the completion of any work for which a permit has been issued under the provisions of this article, it shall be the duty of the person installing the same to notify the Community Development Inspector that the same is ready for inspection, after which such work shall be inspected as provided in this article.

(Ord. 3052)

The Community Development Inspector shall inspect all installations of structural members of foundation footings, stem walls, floor and wall framing. The Community Development Inspector shall also be charged with the inspection of all electric wiring, fixtures and other equipment as required by this article within twenty-four (24) hours (not including Sundays or legal holidays) of the receipt of notice that same is ready for inspection. A suitable distinctive marker shall be affixed on or near the service cabinet, if the work has been approved.

(Ord. 3052)

If, upon inspection, the Community Development Inspector finds that any structural members, wiring, plumbing mechanical fixtures or other equipment does not comply with the requirements of this article or the adopted Development Codes incorporated herein, and is unsafe and defective, the Community Development Inspector shall notify the party or parties doing such work of such defects and order the modification or removal of the same within the time specified in the notice. If such party or parties fail or refuse so to do within the time specified, such party or parties shall be deemed guilty of a violation of the provisions of this article. Each and every day which shall elapse after the expiration of the fixed time in said notice without a compliance with said order shall be considered a separate offense.

(Ord. 3052)

The Community Development Inspector shall have power and authority to condemn and cause the removal or necessary repair of any electrical, plumbing or mechanical facilities, or any structure within the city, which may be dangerous to life or property, and for that purpose is hereby given authority to require the disconnection of the electric supply to such property until such repairs or changes are made.

(Ord. 3052)

This article shall not be construed to remove or lessen the liability of any party owning, operating, controlling or installing any electrical equipment for damages to any person or property by any defect therein, nor shall the city be held as assuming any such liability by reason of the inspection authorized herein or certificates issued.

(Ord. 3052)

The following water conservation measures, when applicable, shall be implemented on all air conditioning systems and refrigerating systems:

(a)   No water from the municipal water system shall be used by any air conditioning or refrigeration system having a total rate capacity exceeding five (5) tons per twenty-four (24) hours, unless said air conditioning or refrigeration system is equipped with evaporative condensers, cooling towers, spray ponds or other water cooling equipment. This equipment shall be of sufficient capacity to insure that the maximum requirements for makeup water from operating under full loading at maximum summer temperatures will not exceed two-tenths (.2) gallon per minute per ton of capacity. Systems with a total rated capacity of five (5) tons or less per twenty-four (24) hours may use water from the municipal water system, if equipped with an automatic valve on each unit which will stop the flow of water when the unit is shut down and throttle the flow of water down to the momentary requirements of the system. Systems with a total rated capacity of five (5) tons or more may be installed without the conservation equipment herein required, provided said waste water is not discharged into the sanitary sewer system, but into the storm sewer system of said city or wasted upon the premises in the form of irrigation.

(b)   Water regulating devices which will minimize the waste of water shall be installed on all manufacturing processes which require the use of water from the municipal water system.

(c)   On all installations using water from a source other than the municipal water system, there shall be a break between said installation and the municipal water system so as to prevent back siphonage into the municipal water system, and the use of the sanitary sewer system of the city for the wasting of such water shall be in accordance with the requirements set forth herein.

(d)   All systems located outside the corporate limits of the city, but attached to the water supply or sewer system of the city, shall be required to comply with all provisions of this article in the same manner as persons within the city limits.

(Ord. 3052)

The use of water by any person or persons from the municipal water system for air conditioning or refrigeration systems shall be a permissive use only.

(Ord. 3052)

The Governing Body shall have the authority to revoke the permissive use of water by any person or persons from the municipal water system at any time, if in its judgment the same is necessary to protect the public health, welfare and safety.

(Ord. 3052)

The following shall be deemed grounds for revocation of permissive use:

(a)   Water supply emergency or an impending water supply emergency

(b)   Physical conditions hazardous to the potable water supply either within the premises or in the supply mains

(c)   Unnecessary waste of water

(d)   Continued or willful violations of the terms of this article

In the event any person or persons fails to discontinue such permissive use after notice by legal publication or otherwise, the City Manager may order the entire service of such person or persons discontinued.

(Ord. 3052)

Any person, firm or corporation violating any of the provisions of this article shall, upon conviction thereof, be fined in any sum as prescribed in chapter 1 “General Penalty” and amendments thereto.

(Ord. 3052)

The invalidity of any section of this article or the standard development codes incorporated herein shall not invalidate other sections or provisions thereof.

(Ord. 3052)