CHAPTER IV. BUILDINGS AND CONSTRUCTIONCHAPTER IV. BUILDINGS AND CONSTRUCTION\ARTICLE 2. BUILDING CODE

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 Auburn, 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 Auburn;

(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 1998)

There is hereby adopted and incorporated by reference, to establish 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 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. 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 Auburn,” 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 1998; Ord. 321)

There is hereby adopted and incorporated by reference, to establish rules and regulations for one-family and two-family dwellings, the International Residential Code for One- and Two-Family Dwellings, 2009 Edition as recommended 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. One copy of the International Residential Code for One- and Two-Family Dwellings, 2009 Edition shall be marked or stamped “Official Copy as Incorporated by the Code of the City of Auburn,” 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.

(Ord. 321)

There is hereby adopted and incorporated by reference, to establish rules and regulations for the installation, inspection, and maintenance of heating, ventilating, and air conditioning (HVAC) systems and refrigeration systems, the Uniform Mechanical Code, 2006 Edition as recommended by the International Association of Plumbing and Mechanical 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 Uniform Mechanical Code, 2006 Edition shall be marked or stamped “Official Copy as Incorporated by the Code of the City of Auburn,” 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.

(Ord. 321)

There is hereby adopted and incorporated by reference, to regulate energy efficient building envelopes and installation of energy efficient mechanical, lighting and power systems, the International Energy Conservation Code, 2009 Edition as recommended 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. One copy of the International Energy Conservation Code, 2009 Edition shall be marked or stamped “Official Copy as Incorporated by the Code of the City of Auburn,” 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.

(Ord. 321)

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

(Code 1998)

(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, inspecting of buildings and building works, and to carry out the purposes of the uniform code.

(Ord. 167, Sec. 1; Code 1998)

A building inspector designated by the city council shall administer and enforce the building code. He or she may be provided with the assistance of such other persons as the city council may direct.

(Ord. 167, Sec. 1)

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.

(Ord. 167, Sec. 1; Code 1998)

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 1998)

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 1998)

(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 1998)

It shall be unlawful for any person to hereafter erect or cause to be erected within the city any building, fence, or structure of any kind or enlarge or add to the outside dimension thereof, or relocate any building, fence, or structure already erected or which may hereafter be erected or remodel any building, fence, 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, fence, or structure or the foundation thereof, or before the removal of any building begins.

(Ord. 167, Sec. 2; Code 1998)

All applications for building permits shall be accompanied by plans in duplicate, drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing, if any; and the location and dimensions of the proposed building or alteration. The application shall include such other information as lawfully may be required by the building inspector, including existing or proposed building or alteration; existing or proposed uses of the building and land; the number of families, housekeeping units, or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of this article. One copy of the plans shall be returned to the applicant by the building inspector, after he or she shall have marked such copy either as approved or disapproved and attempted to same by his or her signature on such copy. The second copy of the plans, similarly marked, shall be retained by the building inspector.

(Ord. 167, Sec. 3; Code 1998)

It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance shall have been issued therefor by the building inspector stating that the proposed use of the building or land conforms to the requirements of this article.

No nonconforming structure or use shall be renewed, changed, or extended until a certificate of zoning compliance shall have been issued by the building inspector. The certificate of zoning compliance shall state specifically wherein the nonconforming use differs from the provisions of this article, provided; that upon enactment of amendment of this article, owners or occupants of nonconforming uses or structures shall have three months to apply for certificates of zoning compliance. Failure to make such application within three months shall be presumptive evidence that the property was in conforming use at the time of enactment or amendment of this article.

No permit for erection, alteration, moving, or repair of any building shall be issued until an application has been made for a certificate of zoning compliance, and the certificate shall be issued in conformity with the provisions of this article upon completion of the work.

The building inspector shall maintain a record of all certificates of zoning compliance, and copies shall be furnished upon request to any person, upon payment of $1.

(Ord. 167, Sec. 4)

Building permit fees shall be $5 per thousand of the estimated cost, with a $5 minimum and $200 maximum, including all new structures and structural additions/changes, the structural replacement of siding and windows, fencing, or any electrical and plumbing alternations.

(Ord. 167, Sec. 2(a); Code 1998)

If the work described in any building permit has not begun within 90 days from the date of issuance, or as long as is deemed necessary to complete plans, the permit shall expire and be canceled by the building inspector, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the canceled permit shall not proceed unless and until a special building permit has been obtained.

At the discretion of the building inspector, such special building permits may be based on the original application or he or she may require submission of a new application. The special building permit may include limitations on time allowed for substantial completion of work, and provisions for a reasonable performance bond to insure completion within the time limit set.

(Ord. 167, Sec 5)

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 1998)

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.

(Code 1998)

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 1998)

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 or license granted herein.

(Code 1998)

If any section of the 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 1998)