Chapter IV · Buildings and Construction

Article 4. Existing Building Code

Sections 4-401 to 4-408 · 8 sections

4-401 Purpose.

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

(Ord. 2162; Code 2019; Ord. 2238)

4-402 International existing building code of 2015 adopted.

The International Existing Building Code, edition of 2015, including appendix chapters A and 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 4-403. Not less than three copies of the International Existing Building 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. 2238 All sections or portions of the filed copies of the International Existing Building Code shall be clearly marked to show revisions, deletions, insertions, modifications or amendments thereto.

(Ord. 2162; Code 2019; Ord. 2238)

4-403 Revisions.

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 4-406.

(c)Section 108.2. Schedule of Permit Fees - Permit fees are set forth in Section 7.

(d)Section 112. Board of Appeals - Not adopted, but is as set forth in other ordinances.

(e)Section 113.4. Violation Penalties - Not adopted, but are as set forth in Section 8.

(f)Section 114.3. Unlawful Continuance- Modified 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 4-408.”

(g)Section 1401.2. Applicability- Inserted “December 15, 1958”.

(Ord. 2162; Code 2019; Ord. 2238)

4-404 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 4-406.

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 square feet.

Exception 3: Fences, retaining walls, driveways, sidewalks and non-covered decks.

Exception 4: Building construction work in a single-family dwelling used exclusively for living purposes, including the usual accessory structures in connection with the single-family 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. 2162; Code 2019; Ord. 2238)

4-405 Building permit.

Any person who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of an existing 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. 2162; Code 2019; Ord. 2238)

4-406 Building permit exemptions.

Building Permits shall not be required for the following:

(a)Lake walls and retaining walls that are not over 4 feet in height measured from the bottom of the footing to the top of the wall.

(b)Non-enclosed and non-covered decks not more than 30 inches above adjacent grade at any point, are not over any story or basement below and are not part of a vertical egress route or attached to the structure.

(c)Repairs, it is not necessary to secure a building permit for repairs where no major structural repairs are being made to the building or improvement.

(d)Roofing and siding where no other work requiring a building permit is being done.

(e)Window replacement requiring no structural modifications and where no other work requiring a building permit is being done.

(f)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.

(g)Painting, papering, tiling, carpeting, cabinets, countertops and similar finish work where no other work requiring a permit is being done.

(h)Temporary motion picture, television and theater stage sets and scenery.

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

(j)Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.

(k)Swings and other playground equipment.

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

(m)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.

(n)Changes of occupancy to an equal or lesser hazard category as denoted in both Table 1012.4 and Table 1012.5 of the 2015 International Existing Building Code where no other work requiring a permit is being done.

(Ord. 2162; Code 2019; Ord. 2238)

4-407 Fees.

Fees under this code shall be the same as provided for in the applicable Building Code adopted by the city.

(Ord. 2162; Code 2019; Ord. 2238)

4-408 Violation penalties.

In addition to any remedies set forth in the International Existing Building 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. 2162; Code 2019; Ord. 2238)