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 Hiawatha, 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 Hiawatha;

(c)   Whenever the term building official is used in the building code, it shall be held to mean the City Administrator or other authorized designee.

(Ord. 963, Sec. 6; Ord. 957, Sec. 13; Code 2007)

(a)   There are hereby adopted as the Building Code, Residential Code and Existing Building Code of the City of Hiawatha by reference thereto, the International Building Code and the International Existing Building Code, and International Residential Code, 2003 Edition, published by the International Code Council, Inc.

(b)   The purpose of these codes is to provide minimum standards to safeguard life or limb, health, property, and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within the City of Hiawatha and certain equipment specifically regulated in said code. The subject matter of these codes includes regulations concerning the erection, construction, enlargement, alteration, repair, moving or removal, conversion, demolition, occupancy, use, height, area, and maintenance of buildings or structures in the City of Hiawatha.

(Ord. 957, Sec. 3; Code 2007)

The following parts or portions of the 2003 International Building Code and the International Residential Code are hereby amended:

(a)   International Building Code:

(1)   Section 101.1 Insert City of Hiawatha, Kansas.

(2)   Section 112.1 The Board of Zoning Appeals of the City of Hiawatha is hereby appointed as the Appeals Board to hear any appeals made on decisions of the Code Enforcement Officer.

(b)   International Residential Code:

(1)   Section R101.1 Insert City of Hiawatha, Kansas.

(2)   Section R112.1 The Board of Zoning Appeals of the City of Hiawatha is hereby appointed as the Appeals Board to hear any appeals made on decisions of the Code Enforcement Officer.

(Ord. 957, Sec. 12; Code 2007)

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

(Code 2007)

(a)   This and other articles of the city relating generally to building and structures shall be administered and enforced by the City Administrator. The City Administrator shall act as chief building official.

(b)   The City Administrator shall prepare such application, permit, inspection and record forms as may be required for the purposes of the article. The City Administrator 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 2007)

The City Administrator may assume the responsibilities of or 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 2007)

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 2007)

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 2007)

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 2007)

(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 2007)

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 city administrator. 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 2007)

(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 code enforcement officer 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, and continues to progress in a reasonable fashion, 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 2007)

Whenever an application for a building permit is made, the code enforcement officer 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 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 2007)

The fee for a building permit shall be set by resolution of the governing body and based on a sliding scale according to the size of the project. 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 $1,000.00. 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 2007)

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 2007)

Upon the completion of any work under a building permit, the chief building official, the building inspector 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 2007)

(a)   A builder or building contractor for purposes of this article shall be any person, firm, co- partnership, corporation, association, or any combination thereof, whether a resident or not of the city:

(1)   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) to include replacement of windows or siding, 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 to include replacement of windows or siding; 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.

(b)   A builder or building 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 his, her or its own 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 required, employed or engaged to perform; or

(4)   Any property owner personally performing any improvements, alterations or building construction within or upon his or her own residence and intended for his or her own personal use and permanent occupancy; provided, the owner shall satisfy the building official as to his or her ability to perform such work secure a permit, pay required fees, do work in accordance with this article, and apply for an inspection and receive approval. Personal building construction by an owner under this section shall be by himself, herself, for himself or herself on his or her own residence, without compensation and no person shall be employed to assist him or her in any way on such work except a builder or building contractor licensed by the city;

(5)   Any person engaged in construction work not involving a total cost of greater than $1,000.00, exclusive of labor.

(Ord. 956, Sec. 2; Ord. 1064; Code 2022)

(a)   Each builder or building contractor shall before entering upon any building or construction work subject to regulation by city laws, apply to the city clerk for a builder’s or building contractor’s license and receive the same as hereinafter provided and have in his or her possession a valid license authorizing him, her or it to engage in the trade or occupation of a builder or 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 builder or building 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 builder or building contractor herein, or to perform any work as a builder or building contractor or any work under a contract for any work involving the construction, wrecking or moving of any building, without first having obtained a builder’s or building contractor’s license issued by the city.

(Ord. 956, Sec. 3; Code 2007)

Application for a builder's or building 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 builder or building contractor or his or her authorized agent. The applications shall be, by the chief building official, referred to the city clerk for action thereon. Such license shall be issued by the city clerk, upon payment of the fees hereinafter provided.

(Ord. 956, Sec. 4; Code 2007; Ord. 2072; Code 2022)

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

(1)   General Builder or Building Contractor, the sum of $25.00;

(2)   House Wreckers or Movers, the sum of $25.00;

(b)   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.

(c)   It shall be unlawful for any person, firm or corporation to contract for any kind of work covered by this article without having a valid license issued by the city to perform such contracts.

(Ord. 956, Sec. 5; Code 2007)

(a)   Before any license shall be issued, to any builder or building contractor required by this article to obtain a license and pay a fee to the city, the builder or building contractor shall secure and file with the city clerk a good and sufficient corporate surety bond in the principal sum of $10,000.00 conditioned that the principal named therein shall faithfully and fully observe all laws of the city relating to the business or occupation for which a license is desired and further conditioned to hold and save the city harmless and free of claims for loss or damage to persons or property, or from damage, injury or destruction of property belonging to the city, resulting from, or arising out of, the negligence or failure of the principal or any of his, her or its employees, agents, servants to use due care or diligence respecting any opening or excavation made in, or adjacent to any street, alley or public ground in the city, or any materials stored, placed or used in any such places, or the operation or use of any vehicle, machinery or equipment in the streets, alleys or public grounds in connection with the business or occupation licensed. Each such bond shall be issued by a company authorized to do business in the State of Kansas and shall be executed by an agent of the company residing in the County of Brown, Kansas and further conditioned that in the event of cancellation or expiration that the company or agent will give 10 days’ notice of such fact to the city clerk. Each such bond shall be approved as to form by the city attorney and approved as to surety by the city clerk and the approval thereof shall be endorsed on the bond by the city attorney and by the chairperson of the commission over their signatures.

(b)   Each bond shall be dated to run from the first day of any license issued by the city to the principal and may cover a period of not to exceed two years.

(Ord. 956, Sec. 6; Code 2007)

In addition to obtaining a corporate surety bond as required by section 4-221 of this article, a builder or building contractor must procure and maintain a liability insurance policy in the amount of $500,000.00. 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. 956, Sec. 7; Code 2007)

(a)   The license of any builder or building contractor may be suspended temporarily, for a period of not to exceed 30 days at any one time, by the chief building official upon his or her own motion or upon a complaint of the city building inspector. Notice shall be given in writing to such builder or building contractor giving reasonable notice of a time of hearing of the complaint or the matter alleged against such builder or building contractor involving any one 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 a 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 within 15 days appeal in writing to the governing body from any order of the chief building official suspending his or her license for its final decision thereon. The governing body 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 builder or building 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 builder or building contractor during the time any license of such builder or building contractor has been suspended or revoked.

(Ord. 956, Sec. 8; Code 2007)

Nothing herein contained shall prohibit any property owner from personally performing any building or construction work within and upon his or her own residence and intended for his or her personal use and permanent occupancy; provided, the owner shall satisfy the building inspector as to his or her ability to perform such work, secure a permit, pay required fees, do work in accordance with this article, and apply for an inspection and receive a certificate of approval. Personal building or construction performed by an owner under this section shall be by himself, herself, for himself or herself on his or her own residence, without compensation and no person shall be employed to assist him or her in any way on such work except a builder or building contractor licensed by the city.

(Ord. 956, Sec. 9; Code 2007)

(a)   Any person, firm or corporation erecting any building or structure upon or improving any lot or parcel of ground adjacent to any street in the city may upon application to the Governing Body, be granted a permit to use a portion of the street or to have the street temporarily closed for a period not to exceed one year which would include the traveled way of the street in front of an adjacent to such lot or parcel of ground for the purpose of depositing building material, and for use in connection with such improvements or construction for a reasonable period of time, during the time for constructing such building or structure, or making such improvements. The Governing Body shall determine whether all or a portion of the street is necessary for construction and it shall be in their discretion as to the length of time said street shall be closed, if necessary to close such street for said construction and improvements or as to what portion of the street is necessary for the improvement or construction project.

(b)   Any such person, firm, co-partnership, corporation, association, Limited Liability Corporation (LLC) or any combination thereof; whether a resident or not of the city shall place and maintain suitable warning devices and barriers in accordance with the Manual of Uniform Traffic Control Devices during the day and nighttime while such street is partially closed or obstructed or completely closed during the period of construction or improvements.

(Ord. 956, Sec. 10; Code 2007)

It is unlawful for any person, firm or corporation to erect, use, occupy or maintain any building or structure in violation of any of the provisions of this chapter; or to cause, permit or suffer any such violation to be committed. Any such person, firm, co-partnership, corporation, association, Limited Liability Corporation (LLC) or any combination thereof; whether a resident or not of the city, shall, upon conviction thereof, be penalized according to the general penalty provisions of the Hiawatha Municipal Code provided, that it is the responsibility of the offender to abate the violation as expeditiously as possible after notice. Each day the notice for the abatement or correction of the work constituting a violation shall be deemed a separate offense.

(Ord. 956, Sec. 11; Code 2007)

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.

(Ord. 956, Sec. 13; Code 2007)

If any section of the International 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.

(Ord. 956, Sec. 14; Code 2007)