Article 3. Residential Code
4-301 Purpose.
The purpose of this article is to establish standards of public health, safety and welfare for all one- and two-family dwellings, and all structures accessory to the dwellings, within the corporate limits of Council Grove, Kansas and within the Council Grove Lake Park.
(Ord. 2160; Code 2019; Ord. 2236)
4-302 International residential code of 2015 adopted.
The International Residential Code, edition of 2015 including appendix chapters A, B, C, D, E, F, G, H, I, J, K, M, N, P & Q; 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 4-303. Not less than three copies of the International Residential 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. 2236.” All sections or portions of the filed copies of the International Residential Code shall be clearly marked to show revisions, deletions, insertions, modifications or amendments thereto.
(Ord. 1978; Ord. 2018; Ord. 2160; Code 2019; Ord. 2236)
4-303 Revisions.
The following sections are hereby revised:
(Ord. 2160; Code 2019; Ord. 2236)
4-304 Construction work.
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 4-306.
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 ft 2.
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. 2160; Code 2019; Ord. 2236)
4-305 Building permit.
Any person who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a one- or two-family dwelling, and all structures accessory to the dwelling, 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. 2160; Code 2019; Ord. 2236)
4-306 Building permit exemptions.
Building Permits shall not be required for the following:
(Ord. 2160; Code 2019; Ord. 2236)
4-307 Grandfather clause.
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. 1978; Ord. 2018; Ord. 2160; Code 2019; Ord. 2236)
4-308 Building permit fees.
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 dwelling, and all structures accessory to the dwelling, per the following schedule, which includes a $20 minimum permit issuing and inspection fee. Exception 1: The building permit fee for fences, sheds having a floor area of 120 ft 2 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.
| Total Valuation | Permit Fee |
|---|---|
| $1 to $500 | $20.00 |
| $501 to $2,000 | $20 for the first $500 plus $2 for each additional $100, or fraction thereof, to and including $2,000 |
| $2,001 to $40,000 | $50 for the first $2,000 plus $8 for each additional $1,000, or fraction thereof, to and including $40,000 |
| $40,001 to $100,000 | $354 for the first $40,000 plus $7 for each additional $1,000, or fraction thereof, to and including $100,000 |
| $100,001 to $500,000 | $774 for the first $100,000 plus $5 for each additional $1,000, or fraction thereof, to and including $500,000 |
| $500,001 to $1,000,000 | $2,774 for the first $500,000 plus $4 for each additional $1,000, or fraction thereof, to and including $1,000,000 |
| $1,000,001 and up | $4,774 for the first $1,000,000 plus $2 for each additional $1,000, or fraction thereof |
(Ord. 1978; Ord. 2160; Code 2019; Ord. 2236)
4-309 Violation penalties.
In addition to any remedies set forth in the International Residential 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. 1978; Ord. 2018; Ord. 2160; Code 2019; Ord. 2236)