An ordinance 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 Fuel Gas Code, such code being made a part of the ordinances and City Code, subject to the amendments, changes, omissions and additions, hereinafter set forth as if the same had been set out in full herein, all as authorized and in the manner prescribed by K.S.A. 12‑3009 through 12‑3012 including any amendments thereto. No fewer than one (1) copy of the International Fuel Gas as published by the Building Code Officials and Code Administrators International, the International Conference of Building Code Officials, and the Southern Building Code Congress International shall be marked or stamped “Official Copy as Incorporated by the Code of the City of Bonner Springs,” with all Sections or portions thereof intended to be omitted clearly marked to show any such omission, or showing the Sections, Articles, Chapters, parts or portions that are incorporated as the case may be and to which shall be attached a copy of this Section. Such copies shall be filed with the City Clerk to be open to inspection and available to the public at all reasonable business hours. The Police Department, Municipal Judge and all administrative departments of the City charged with the enforcement of the code shall be supplied a copy of such code without cost, and all such copies marked as indicated above.
(Code 2014; Ord. 2409)
The following Sections of the International Fuel Gas Code, 2015 Edition shall be amended to read as follows:
(a) The term “ordinance” shall mean and include the word “resolution”.
(b) The term “City” shall mean and include the words “Bonner Springs, Kansas”
(c) The term “misdemeanor”, unless otherwise specifically defined or provided for herein, shall mean ‘Class C’ violation as prescribed by the Public Offense Code of this City.
Section 101.1. GENERAL.
These regulations shall be known as the Fuel Gas Code of Bonner Springs, hereinafter referred to as “this code.”
Section 106.5.2. FEE SCHEDULE:
Standard fee of $35 for all fuel gas applications, excluding work covered under a building permit.
Section 108.4. VIOLATION PENALTIES:
(a) It shall be unlawful for any person, firm or corporation to violate a provision of the Code or who shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair fuel gas work in violation of the approved construction documents or directive of the Building Code Official, or of a permit or certificate issued under the provisions of this Code.
(b) Any person who shall violate any of the provision of the International Gas Fuel Code 2015 Edition or fail to comply with any order made thereunder, or who shall build in violation of any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the building official or other property City authority or by a court of competent jurisdiction, within the time fixed herein or who shall construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building or structure in violation of the provisions 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 one penalty for any required to correct or remedy such violations within a reasonable time; and when not otherwise specified, each 10 days that prohibited conditions are maintained shall constitute a separate offense.
(c) The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
Section 108.5. STOP WORK ORDERS:
Upon notice from the Building Code Official, work on any plumbing system that is being done contrary to the provisions of this Code or in a dangerous or unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner’s agent, or to the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the Building Code Official shall not be required to give a written notice prior to stopping the work.
Any person who shall continue any work in or about the structure after having been served with a stop work order, verbal or written, except such work as the person is directed to perform to remove a violation or unsafe conditions, shall be guilty upon conviction of a public offense.
Section 109. APPEALS:
The suitability of alternate materials, methods of construction and reasonable interpretation of this code shall be determined by Board of Zoning Appeals created pursuant to K.S.A. 12‑714, and as amended. The Board of Zoning Appeals shall have no authority to modify the administrative provisions of this code nor shall the Board be empowered to waive requirements of this code. The board shall adopt reasonable rules and regulations and shall render all decisions and findings in writing to the building official with a duplicate copy to the appellant. Wherever in this uniform code reference is made to the Board of Zoning Appeals, such reference shall mean the board of zoning appeals referred to above.
(Code 2014; Ord. 2409)
If any Section of the International Fuel Gas 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 Article, the Sections is to be completely severable for the remaining provisions which shall continue in force and effect.
(Ord. 2052, Ord. 2268; Ord. 2409)
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. 2409)