CHAPTER IV. BUILDINGS AND CONSTRUCTIONCHAPTER IV. BUILDINGS AND CONSTRUCTION\Article 1b. Residential Code

There is hereby adopted and incorporated by reference, for the purpose of establishing rules and regulations for the construction, alteration, remodel, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, the International Residential Code, 2015 Edition, as recommended by the International Code Council, such code being made as a part of the ordinances and City Code subject to amendments, changes, omissions and additions hereafter 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 Residential Code for One and Two Family Dwellings, 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 may omission or showing the Sections, Articles, Chapters, parts or portions that are incorporated as the case may be to which shall be attached a copy of the Section. The copies shall be filed with the City Clerk to be open to inspections 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 the code without cost, all the copies marked as indicated above.

(Code 2014; Ord. 2406)

The following Sections of the International Residential Code, 2015 Edition are hereby amended to read as follows:

Section R105.2 1. All accessory buildings require a building permit. There is a limit of two accessory buildings per lot allowed in residential zoned property

Section R105.2 2. All fences require a building permit. Fences may be constructed of wood (privacy or picket), chain link, wrought iron, or vinyl. The wood fences must be installed with the Face side out.

Section 105.3.2. TIME LIMITATION OF APPLICATION AND COMPLETION RENEWAL. Upon application a building permit will be issued for a period of one (1) year for residential construction and two (2) years for commercial construction. A one‑time 90 day extension can be issued, at no charge upon application. If construction is not complete enough to issue a certificate of occupancy at the end of the extension period, the Building Official will assess a permit renewal fee equal to the original permit fee plus fifty (50%) percent. This permit is valid for 90 days. If still not complete, the Building Official can continue to issue extensions valid for a 90 day period, the cost for each extension is the cost of the previous extension plus (50%) percent.

Section R108.2. SCHEDULE OF PERMIT FEES. The building permit fee schedule shall be as set in Table 3‑A of the Uniform Administrative Code, 1997 Edition. (Less other inspection fees)

Other Inspection Fees, as approved by the City Council:

Inspections outside normal business hours - $45.00 per hour (one hour minimum)

Re‑inspection – $35.00

Additional plan review required by changes to approved plans - $35.00 per hour (one hour minimum)

Outside consultant ‑ Actual cost

Section R112. 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 findings 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 administrative provisions of this code nor shall the board be empowered to waive requirements of this code.

Section R113. VIOLATIONS. Any person, firm or corporation (persons herein) who shall violate any of the provision of this code violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate of 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 proper City authority or by a court of competent jurisdiction, within the time fixed herein, or who shall construct, enlarge, alter, repair, move, improve, remover, 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 one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violation or defects within a reasonable time; and when not otherwise specified, each 10 days that prohibited conditions are maintained shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

Section R313.1 An automatic residential fire sprinkler system may be installed in townhouses. A two hour separation wall is required separating the units when an automatic sprinkler fire system is not installed.

Section R313.2 An automatic residential fire sprinkler system may be installed in one and two family dwellings.

(Code 2014; Ord. 2406)

Reserved.

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 provision 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.

(Code 2014; Ord. 2406)

If any Section of the International Residential Code for One and Two‑family Dwellings 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.

(Ord. 2056; Ord. 2272; Ord. 2406)

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. 2406)