Chapter IV · Buildings and Construction

ARTICLE 2. BUILDING CODE

Sections 4-201 to 4-217 · 17 sections

4-201 Definitions.

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 Chapman, 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 Chapman;

(c)Whenever the term “building official” is used in the building code, it shall be held to mean the building inspector or his or her authorized designee.

(Code 1961, 4-105; Code 1987)

4-202 Uniform building code and international building code incorporated.

(a)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, 2018 Edition, promulgated and published by the International Code Council, except as amended in subsection (b), and excluding all of its appendices.

(b)The International Building Code, adopted by subsection (a), is hereby changed, altered, modified or otherwise amended as follows:

(1)Section 101.1 of the International Building Code is hereby changed to read as follows:

Section 101.1 Title. These regulations shall be known as the Building Code of the City of Chapman, Kansas, hereinafter known as “this code”.

(2)Section 105.2 of the International Building Code is hereby changed to read as follows:

Section 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authority for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:

1. One story detached accessory structures provided the floor area does not exceed 200 square feet.

2. Detached pergolas and other detached structures which do not exceed 400 square feet, and entirely open and do not have solid roofs.

3. Oil derricks.

4. Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed 2:1.

5. Sidewalks, driveways and non-enclosed or covered decks not more than 30 inches above adjacent grade at any point, and not over any story or basement below and are not part of an accessory route.

6. Painting, papering, tiling, carpeting, cabinets, countertops and similar finish work.

7. Temporary motion picture, television and theater stage sets and scenery.

8. Prefabricated swimming pools accessory to a group R-3 occupancy that are less than 24 inches deep, do not exceed 5,000 gallons and are installed entirely above ground.

9. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.

10. Swings and other playground equipment.

11. Window awnings supported by an exterior wall that do not project more than 54 inches from the exterior wall and do not require additional support.

12. Non-fixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches in height.

13. Changes of occupancy to an equal or lesser hazard category as denoted in both Table 912.4 and Table 912.5 of the 2018 International Existing Building Code where no other work requiring a permit is being done.

(3)Section 109.2 of the International Building Code is hereby changed to read as follows:

Section 109.2 Schedule of Fees. On buildings or structures requiring a permit other than those owned by the city, a fee for each permit shall be paid as required, in accordance with the comprehensive fee schedule. Each inspection which is not deemed ready for inspection at the scheduled time shall be considered a failed inspection and subject to re-inspection. The re-inspection fee shall be paid within 10 calendar days of the date of the inspection causing the fee, and prior to a certificate of occupancy being issued for that project.

Subsequent inspections for that permitted project shall not be conducted until all past due re-inspection fees have been paid. The Building Official shall have the authority to waive re-inspection fees as deemed necessary.

(4)Section 109.3 of the International Building Code is hereby changed to read as follows:

Section 109.3 Building Permit Valuations. The determination of value or valuation under any of the provisions of this code shall be made by the building official. The valuation shall be calculated by using the most recent version of Valuation Data Table as published by the International Code Council. The amount to be used for determining the building permit fee shall be the total value of all construction work for which the permit is issued including all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems and any other permanent equipment. No fee, other than that set forth above, shall be charged for new construction; although this does not preclude the building official from charging separate fees for sewer and water connections and sign installations. The governing body shall have the right to waive fees as it deems necessary.

(5)Section 109.4 of the International Building Code is hereby changed to read as follows:

Section 109.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical, or plumbing system before obtaining the necessary permits shall be subject to a fee equal to the permit fee in addition to the required permit fees at the discretion of the Building Official.

(6)Section 113 of the International Building Code is hereby changed to read as follows:

Section 113. Appeals. Appeals of orders, decisions or determinations made by the code official relative to the application and interpretation of this code shall be heard and decided by the zoning and planning committee.

(7)Section 406.3.2.1 of the International Building Code is hereby changed to read as follows:

Section 406,3.2.1 Dwelling unit separation. Separations shall comply with the following:

The private garage shall be separated from the dwelling unit and its attic by means of gypsum board, not less than 1/2 inch (12.7 mm) in thickness, applied to the garage side. Garages beneath habitable rooms shall be separated from all habitable rooms by not less than 5/8 inch (15.9 mm) type X gypsum board and 1/2 inch (12.7 mm) gypsum board applied to structures supporting the separation from habitable rooms above the garage. Door openings between a private garage and the dwelling unit shall be equipped with either solid wood doors or solid or honeycomb core steel doors not less than 1 3/8 inches (34.9 mm) in thickness, or in compliance with section 716.5.3 with a fire protection rating of not less than 20 minutes. Openings from a private garage directly into a room used for sleeping purposes shall not be permitted.

(8)Section 903.4.2 of the International Building Code is hereby changed to read as follows:

Section 903.4.2 Alarms. Approved audible/visual devices shall be connected to every automatic sprinkler system. Such sprinkler water-flow devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Alarm devices shall be provided on the exterior of the building directly above the fire department connection or an approved location. Where a fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system.

(9)Section 1010.1.9.4 of the International Building Code is hereby changed to read as follows:

Section 1010.1.9.4 Locks and latches. Locks and latches shall be permitted to prevent the operation of doors where any of the following exists:

1. Places of detention or restraint.

2. In buildings in occupancy Group A having an occupant load of 300 or less, Group B, F, Mand S, and in places of religious worship, the main exterior door or doors is permitted to be equipped with thumb turn operated locking devices from the egress side provided:

2.1. A readily visible durable sign is posted on the egress side on or adjacent to the door stating: THIS DOOR TO REMAIN UNLOCKED WHEN BUILDING IS OCCUPIED. This sign shall be in letters one inch high on a contrasting background.

2.2. Doors other than those regulated by Exception 2 in Group B, F, M and S, and in places of religious worship, having an occupant load of 500 or less, the secondary exterior door or doors is permitted to be equipped with thumb turn operated locking devices from the egress side.

2.3. Doors serving rooms or spaces accessory to group A occupancies not in the means of egress for the group A occupancy, are permitted to be equipped with thumb turn operated locking devices from the egress side.

2.4. The use of key operated or thumb turn locking devices is revocable by the building official for due cause.

3. Where egress doors are used in pairs, approved automatic flush bolts shall be permitted to be used, provided that the door leaf having the automatic flush bolts has no doorknob or surface mounted hardware. The unlatching of any leaf shall not require more than one operation.

4. Doors from individual dwelling units or sleeping units of Group R occupancies having an occupant load of 10 or less are permitted to be equipped with a night latch, dead bolt or security chain, provided such devices are openable from the inside without the use of a key or tool.

5. Fire doors after the minimum elevated temperature has disabled the unlatching mechanism in accordance with listed fire door test procedures.

6. Doors serving roofs not intended to be occupied shall be permitted to be locked preventing entry to the building from the roof.

(10)Section 1011.12 of the International Building Code is hereby changed to read as follows:

Section 1011.12 Stairway to roof. In buildings four or more stories above grade plane, one stairway shall extend to the roof surface, unless the roof has a slope steeper than four units vertical in twelve units horizontal (33 percent slope) or unless deemed not necessary by the building official. In buildings without an occupied roof, access to the roof from the top story shall be permitted to be by an alternating tread device.

(11)Section 1015.4 of the International Building Code is hereby changed to read as follows:

Section 1015.4. Opening limitations. Required guards shall not have openings that allow passage of a sphere 44 inches (114 mm) in diameter from the walking surface to the required height.

Exceptions:

1. The triangular openings at the open side of a stair, formed by the riser, tread and bottom rail shall not allow passage of a sphere 6 inches (152 mm) in diameter.

2. At elevated walking surfaces for access to and use of electrical, mechanical and plumbing systems or equipment, guards shall not have openings that allow passage of a sphere 21 inches (533 mm) in diameter.

3. In areas that are not open to the public within occupancies in Group 1-3, F, H or S and for alternating read devices and ships ladders, guards shall not have openings that allow passage of a sphere 21 inches (533 mm) in diameter.

4. In assembly seating areas, guards required at the end of aisles in accordance with Section 1029.17.4 shall not have openings that allow passage of a sphere 4 1/2 inches (114 mm) in diameter up to a height of 26 inches (660 mm). From a height of 26 inches (660 mm) to 42 inches (1,067 mm) above the adjacent walking surfaces, guards shall not have openings that allow passage of a sphere 8 inches (203 mm) in diameter.

(12)Section 1015.8 of the International Building Code is hereby changed to read as follows:

Section 1015. 8 Window openings. In occupancy groups R-2 and R-3, one and two family and multiple family dwellings, where the opening of the sill portion of an operable window is located more than 72 inches (1829 mm) above the finished grade or other surface below, the lowest part of the clear opening of the window shall be at a height not less than 18 inches (457.2 mm) above the finished floor surface of the room in which the window is located. Operable sections of windows located lower than 18 inches (457.2 mm) shall be limited to a 4-inch (101.6 mm) opening or be supplied with approved guards when more than 72 inches (1829 mm) above the finished grade or surface below.

(13)Section 1030.1 of the International Building Code is hereby changed to read as follows:

Section 1030.1 General. In addition to the means of egress required by this chapter, provisions shall be made for emergency escape and rescue in group R as applicable in Section 101.2 and Group 1-1 occupancies. Basements and sleeping rooms below the fourth story shall have at least one exterior emergency escape and rescue opening in accordance with this section. Such openings shall open directly into a public street, public alley, yard or court.

Exception: In other than Group R-3 occupancies, buildings equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1 or 903.3.1.2 may have the required above grade egress windows fixed in a closed position as long as the required ventilation is maintained.

(14)Section 1030.2 of the International Building Code is hereby changed to read as follows:

Section 1030.2 Minimum size. Emergency escape and rescue openings shall have a minimum net clear opening of 5.7 square feet.

(15)Chapter 11 of the International Building Code is hereby deleted.

(16)Section 2701.1 of the International Building Code is hereby changed to read as follows:

Section 2701.1 Scope. This chapter governs the electrical components, equipment and systems used in buildings and structures covered by this code. Electrical components, equipment and systems shall be designed and constructed in accordance with the provisions of the 2017 National Electrical Code as adopted in Article 3, Section 4-302.

(17)Section 2702.1.3 of the International Building Code is hereby changed to read as follows:

Section 2702.1.3 Installation. Emergency and standby power systems shall be installed in accordance with this code, the National Electrical Code, NFPA 110 and NFPA 111.

(18)Section 2902.1 of the International Building Code is hereby changed to read as follows:

Section 2902.1 Minimum number of fixtures. Plumbing fixtures shall be provided in the minimum numbers as shown in Table 2902.1 based on the actual use of the building or space. Uses not shown in Table 2902. I shall be considered individually by the code official. The number of occupants for purposes of this section and section 2902.2 shall be determined by this code or may be determined by the code official for specific occupancies. Individual fixtures may be waived by the code official when specific conditions warrant.

(Code 1987; Ord. 902; Code 2016; Ord. 1077)

4-203 Additional provisions.

The following sections of this article are in addition to the provisions of the standard code incorporated by reference in section 4-202.

(Code 1987)

4-204 Building official; powers; duties.

(a)This and other articles of the city relating generally to building and structures shall be administered and enforced by the building inspector. The building inspector 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 building inspector shall prepare such application, permit, inspection and record forms as may be required for the purposes of the article. The building inspector 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 1961, 4-103; Code 1987)

4-205 Building inspector; appointment.

The mayor may 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 1987)

4-206 Same; duties.

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 1987)

4-207 Same; powers.

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 1987)

4-208 Same; right of entry.

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 1987)

4-209 Clarification; modification.

(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 1987)

4-210 Building permit required; application; approval.

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 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 1961, 4-102; Code 1987)

4-211 Same; application information required.

(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, roof s, 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 1987)

4-212 Same; plans and specifications.

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 deter mine 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 1987)

4-213 Same; fees.

The fee for a building permit shall be $10 for the first $1,000 and $1 for each $1,000 thereafter, however no fee shall be required to obtain a permit where the total estimated cost, the reasonable value of all services, labor and materials required, is under $300. 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 1987)

4-214 Same; posting.

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 1987)

4-215 Certificate of approval.

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

(Code 1987)

4-216 Inspections of building; layout of building; foundations and footings; notice to inspector.

(a)The contractor or builder having a permit for new construction, or additions to existing buildings, shall notify the chief building official or building inspector immediately upon the mar king 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 deter mine 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 1987)

4-217 Request for inspection.

Upon the completion of any building construction work covered by this article, it shall be the duty of the person doing such work to notify the building inspector and request that it be inspected; after which such work shall be inspected promptly as hereinafter provided.

(Code 1987)