There is hereby adopted and incorporated by reference, for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures that certain building code known as the International Mechanical Code, 2015 Edition, recommended by the International Code Council, International Conference of Building Officials, such code being made as a part of the ordinances and City Code, subject to 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 Mechanical Code shall be marked or stamped “Official Copy as Incorporated be the Code of the City of Bonner Springs,” with all Sections or portions thereof intended to be omitted clearly marked to show any such omissions, 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 Ordinance. 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. 2410)
The following Sections of the International Mechanical Code 2015 Edition incorporated by Section 4‑401 are amended as follows:
Section 106.5.2 FEE SCHEDULE.
Standard fee of $35 for all mechanical permit applications, excluding work covered under a building permit
In addition to the definitions in Section 202 of the International Mechanical Code 2015 Edition, the following definitions are added and shall have the following meanings:
(a) The term “ordinance” shall mean and include the word “resolution”.
(b) The term “city” shall mean and include the word “county”.
(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 108.5 STOP WORK ORDERS.
Upon notice from the code official that mechanical work is being done contrary to the provisions of this code or in a dangerous or unsafe manner, such work 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 code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work 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 conditions, shall be liable for a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1000).
Section 108.4 VIOLATION AND PENALTIES.
(a) Any person who shall violate any of the provisions of the International Mechanical Code 2015 Edition 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 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 proper 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, demolished, 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 violations within a reasonable time. When not otherwise specified, each 10 days that prohibited conditions are maintained shall constitute a separate offense.
(b) The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
Section 204.1 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 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 Appeals, such reference shall mean the Board of Zoning Appeals referred to above.
(Code 2014; Ord. 2410)
If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The Governing Body hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.
(Code 2014; Ord. 2410)
The following Sections of the International Mechanical Code 2009 Edition are hereby deleted:
(a) Section 106.5.3, Fee Refunds, Subparagraph 3, that reads: “Not more than % percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plans review effort has been expended.
(Ord. 2053; Ord. 2269; Ord. 2410)
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. 2410)