There is hereby adopted and incorporated by reference the International Building Code, 2015 Edition, for the purpose of establishing the minimum regulations governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use and the demolition of such structures; known as the Building Code.
That one (1) copy of which is on file in the office of the City Clerk of the City of Bonner Springs, being marked and designated as the International Building Code, 2015 Edition and shall not include the Appendix Chapters, unless specifically noted herein, as published by the International Code Council, Inc., be and is hereby adopted as the Building Code of Bonner Springs, in the State of Kansas; for the control of building and structures as herein provided; and each made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in the code sections below.
(Code 2014; Ord. 2405; Ord. 2473)
The following Sections of the International Building Code, 2015 Edition, are hereby revised:
Section 101.1 TITLE. These regulations shall be known as the Building Code of Bonner Springs, hereinafter referred to as “this code.”
Section 101.4.1. ELECTRICAL. The provision of the NFPA 70, National Electrical Code, 2014 Edition, shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto.
Section 113. APPEALS BOARD. The suitability of alternate materials, methods of construction and reasonable interpretations of this code shall be determined by the Board of Zoning Appeals created pursuant to K.S.A. 12‑714 as amended. The Board shall adopt reasonable rules and regulations and shall render all decisions and finding in writing to the building official with a duplicated copy to the appellant. Wherever in this international code reference is made to the Board of Appeals and such reference shall mean the Board of Zoning Appeals referred to above. The Board shall have no authority to modify the administrative provisions of this code nor shall the board be empowered to waive requirements of this code.
Section 114 VIOLATION PENALTIES. Any person, firm or corporation (persons herein) who shall violate any of the provision of the this code, violate or fail to comply with any order made thereunder, or submitted and approved thereunder, or a certificate or permit issued thereunder, and from which no other appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the building official or other proper City authority or by court of competent jurisdiction, within the time fixed herein, or who shall construct, enlarge, alter repair, move improve, remove, convert or demolish, equip, use occupy or maintain any building or structure in violation of the provision of this code, shall severally for each and every such violation and noncompliance, respectively be guilty of a Class C violation as prescribed by the Public Offense Code of this City. The imposition of the one penalty of any violation shall not excuse the violation or permit it to continue, and such persons shall be required to correct or remedy such violation or defect within a reasonable time; and when not otherwise specified, each 20 days that prohibited conditions are maintained shall constitute a separated offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
Section 107.2.5.1 ESTABLISHMENT OF FLOOD HAZARD AREAS. The flood hazard shall include at a minimum areas of special flood hazard as identified by the Federal Emergency Management Agency in an engineering report entitled: “The Flood Insurance Study for Bonner Springs, Kansas dated March 9, 2015”, as amended or revised with the accompanying Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) and related supporting data along with any revisions thereto.
Section 3301.2.1 Storage of explosives and blasting agents is prohibited in the City except in I‑2 Industrial zoning districts with a special use permit for quarry operations or active construction projects with a blasting permit.
(Code 2014; Ord. 2405; Ord. 2473)
If any Section of the International Building Code 2015 Edition or of this Article shall be held unconstitutional or otherwise invalid by any court of competent jurisdiction, then the 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 2014; Ord. 2405; Ord. 2473)
The following Sections of the International Building Code, 2015 Edition are hereby deleted.
Section 105.2. Work exempt from permit.
Building 2. Fences not over 6 feet (1829 mm) high.
(Code 2014; Ord. 2405; Ord. 2473)
In the event any Section of the building code is in conflict or apparent conflict with the planning, zoning or subdivision regulations or ordinances, the provisions of the planning, zoning or subdivision ordinances shall prevail and those provisions of the building code now or hereafter in conflict with the regulations or ordinances shall be deemed invalid or inapplicable only as to the conflict.
(Ord. 2050, Sept. 2004; Ord. 2064, Oct. 2004; Ord. 2266; Ord. 2405; Ord. 2473)
Pursuant to the authority of Charter Ordinance No. 29, the Building Official or other City Employee as designated in writing by the City Manager shall have the authority to issue notices to appear for violations of this ordinance and code.
(Ord. 2353; Ord. 2405; Ord. 2473)