The purpose of this article is to establish standards of public health, safety and welfare for all buildings, within the corporate limits of Council Grove, Kansas and within the Council Grove Lake Park.

(Ord. 2237)

The International Swimming Pool and Spa Code, edition of 2015 including American National Standard for Suction Entrapment Avoidance in Swimming Pools, Wading Pools, Spas, Hot Tubs, and Catch Basins, approved October 8, 2013, appendix chapters A & B, as published by the International Code Council is hereby incorporated by reference as though fully set out herein save and except the revisions, deletions, insertions, modifications or amendments set forth in Section 4-1703 and may be accompanied by a commentary supplement. Not less than three copies of the International Swimming Pool and Spa Code shall be kept on file in the Office of the City Clerk for inspection by and use of the public at all reasonable business hours. The filed copies shall be marked or stamped “Official copy as Incorporated by the Code of the City of Council Grove, Kansas, Ordinance No. 2237.” All sections or portions of the filed copies of the International Building Code shall be clearly marked to show revisions, deletions, insertions, modifications or amendments thereto.

(Ord. 2237)

The following sections are hereby revised:

(a)   Section 101.1. Name of Jurisdiction - Inserted “City of Council Grove”.

(b)   Section 105.2. Work Exempt from Permit - Building permit exemptions not adopted, but are set forth in Section 6.

(c)   Section 105.6.2. Schedule of Permit Fees -- Permit fees are set forth in Section 8.

(d)   Section 105.6.3. Permit Fee Refunds - Not adopted.

(e)   Section 107.4. Violation Penalties - Not adopted, but are as set forth in Section 9.

(f)   Section 107.5 Stop Work Orders-Modified last sentence to: “Any person who shall continue any work on the system after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine as set forth in Section 9.”

(g)   Section 108. Means of Appeal- Not adopted, but are as set forth in other ordinances.

(Ord. 2237)

No person, other than a duly licensed contractor, shall engage in the building construction trade within the limits of the City or the Council Grove Lake Park. Exception 1: Building construction work that is exempt from a building permit as set forth in Section 6. Exception 2: One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 ft². Exception 3: Fences, retaining walls, driveways, sidewalks and non-covered decks. Exception 4: Building construction work in a one- or two-family dwelling used exclusively for living purposes, and all structures accessory to the dwelling, when such person is the owner of record of such dwelling and accessory structures, and when such owner shall personally perform the principal labor in connection therewith, rather than act in a supervisory capacity.

(Ord. 2237)

Any person who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to cause any such work to be done, shall first make application for a Building Permit from the city clerk of the city. A building owner may not secure a permit for a contractor. No permit as required by the city building code shall be issued until the fee prescribed has been paid, nor shall an amendment to a permit be approved until the additional fee, if any, due to an increase in the estimated cost of the construction has been paid. Failure to take out a permit prior to beginning construction will result in a doubling of the permit fee. Every permit issued by the administrative authority under the provisions of this article shall expire by limitation and become null and void if the work authorized by such permit is not inspected within 180 days from date of issuance to extend permit life. If a permit becomes null and void, a new permit will be required as well as all fees. No new permits of any type will be issued if there are outstanding or expired permits existing.

(Ord. 2237)

Building Permits shall not be required for the following:

(a)   Repairs where no major structural repairs are being made to the building or improvement.

(b)   Prefabricated swimming pools that are less than 24 inches deep, do not exceed 5,000 gallons and are installed entirely above ground.

(Ord. 2237)

Parts of structures erected prior to December 15, 1958, which project beyond the street or building line may be maintained as constructed subject to the authority of the governing body.

(Ord. 2237)

Fees for Building Permits will be those stipulated in Appendix L of the International Residential Code of 2009, multiplied by an approximate adjustment factor of 75%. Building permit fees shall be based on the value of the completed construction and installation of a building, accessory building or other structure, other than one and two-family dwellings and all structures accessory to a one- or two-family dwelling, per the following schedule, which includes a $20 minimum permit issuing and inspection fee. Exception 1: The building permit fee for fences and sheds having a floor area of 120 ft2 or less and sidewalks that require a building permit, but are not on the City of Council Grove Sidewalk Program, shall be the $20 minimum permit issuing and inspection fee. Exception 2: The permit fee is waived for sidewalks that are on the City of Council Grove Sidewalk Program.

(Ord. 2237)

In addition to any remedies set forth in the International Swimming Pool and Spa Code of 2015, any person violating any provision of this article shall be deemed guilty of a code violation and, upon conviction thereof, shall be punishable by a fine of not less than $100.00 nor more than $1,000.00 and up to one year in jail. Each separate day or any portion thereof, during which any violation of this article occurs or continues, shall be deemed to constitute a separate offense.

(Ord. 2237)