This Chapter and the codes adopted pursuant to the various Articles of this Chapter shall be collectively known as the “Construction Codes of the Incorporated Areas of the City of Eudora Kansas,” hereinafter collectively referred to in this Article interchangeably as “This code” or “The Construction Codes” or “This Chapter.”
(Ord. 1139)
The provisions of this Chapter shall apply to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances and systems connected or attached to such building or structures and located in the incorporated areas of the City of Eudora, Kansas, including but not limited to the construction, conditions and maintenance of property, buildings and structures, the construction, alterations, movement, enlargement, replacement, repair, equipment, location, removal and demolition of detached one and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories in height with separate means of egress, the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of mechanical systems, the conditions and maintenance of plumbing systems, the design, construction, quality of materials, erection installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of fuel gas systems and gas-fired appliances, the design, construction, quality of materials, erection, installation, alteration repair, location, relocation, replacement, addition to, use or maintenance of electrical systems.
4-101.1. Appendices.
Provisions in the appendices shall not apply unless specifically adopted.
(Ord. 1096; Ord. 1139)
The purpose of this article is to establish the minimum requirements to safeguard the public health, safety, and general welfare through strength, means of egress from facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety of life and property from fire and other hazards attributed to the building environment and to provide safety to firefighters and emergency responders during emergency operations.
4-102.1. Referenced Codes. The codes referenced in this chapter include the separate codes identified in Sections 4-102.1.1. Through 4-102.1.7. and those referenced elsewhere in this Chapter and in the foregoing separate codes shall be considered part of the requirements of this Chapter to the prescribed extent of each such reference. Where differences occur between provisions of this Chapter and referenced codes and standards, the most restrictive shall govern.
4-102.1.1. Residential One and Two-Family Dwellings. The provisions of the International Residential Code 2021 Edition. Adopted pursuant to Article 2 of this Chapter, as amended, shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, location, use, occupancy, removal, and demolition of detached one and two-family dwelling and multiple single-family dwellings (townhouses) not more than three stories in height with separate means of egress, and their accessory buildings.
4-102.1.2. Commercial and Multi-Family Structures. The provisions of the International Building Code 2021 Edition adopted pursuant to Article 3 of this Chapter, as amended, shall apply to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use, occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures.
Exception: Buildings or structures regulated by the International Residential Code 2021 Edition.
4-102.1.3. Plumbing. The provisions of the International Plumbing Code 2021 Edition adopted pursuant to Article 4 of this Chapter, as amended, shall apply to the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of plumbing systems.
Exception: Buildings or structures regulated by the International Residential Code 2021 Edition.
4-102.1.4. Mechanical. The provisions of the International Mechanical Code 2021 Edition adopted pursuant to Article 5 of this Chapter, as amended, shall apply to the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of mechanical systems, including ventilating, heating, cooling, air conditioning and refrigeration systems, incinerators, and other energy-related systems.
Exception: Buildings or structures regulated by the International Residential Code 2021 Edition.
4-102.1.5. Gas. The provisions of the International Fuel Gas Code 2021 Edition adopted pursuant to Article 6 of this Chapter, as amended shall apply to the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of fuel gas systems and gas-fired appliances, including gas piping from the point of delivery to the inlet connections of appliances and the installation and operation of gas appliances and related accessories.
Exception: Buildings or structures regulated by the International Residential Code 2021 Edition.
4-102.1.6. Existing Building. The provisions of the International Existing Building Code 2021 Edition adopted pursuant to Article 9 of this Chapter as amended shall provide requirements for repair and alternative approaches for alterations, change of occupancy, and additions to existing buildings.
4-102.1.7. Energy. The provisions of the International Energy Code 2021 Edition adopted pursuant to Article 10 of this Chapter as amended shall provide the requirements for the design and construction of buildings for the effective use and conservation of energy over the useful life of each building.
(Ord. 1096; Ord. 1139)
Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where in any specific case, different sections of this code specify different materials, methods of construction, or other requirements, the most restrictive shall govern.
4-103.1. Other Laws. The provisions of this code shall not be deemed to nullify any provisions of local, state, or federal law.
4-103.2. Application of References. References to chapter or section numbers, or to provisions not specially identified by number, shall be construed to refer to such chapter, section, or provision of this Chapter or the applicable code as the case may be.
4-103.3. Referenced Codes and Standards. The codes and standards referenced in this Chapter, including the separate codes, as amended, adopted pursuant to the various Articles of this Chapter, shall be considered part of the requirements of this Chapter to the prescribed extent of such reference. Where differences occur between provisions of this Chapter and referenced codes and standards, the more restrictive shall govern
4-103.4. Partial Invalidity. In the event that any part of a provision of this code is held to be illegal or void, it shall not have the effect of making void or illegal any of the other parts or provisions.
4-103.5. Existing Structures. The legal occupancy of any structure existing on the date of adoption of this Chapter shall be permitted to continue without change or as is otherwise deemed necessary by the Building Official for the general safety and welfare of the occupants and the public.
(Ord. 1096; Ord. 1139)
4-104.1. General. The Building Official is hereby authorized and directed to enforce the provisions of this Chapter. The Building Official shall have the authority to render interpretations of this Chapter and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies, and procedures shall be in compliance with the intent and purpose of this Chapter and the codes adopted pursuant to this Chapter. Such policies and procedures shall not have the effect or waiving requirements specifically provided for in this Chapter.
4-104.2. Applications and Permits. The Building Official shall receive applications, review construction documents, and issue permits for the erection, alteration, demolition, and moving of buildings and structures and their components, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this Chapter.
4-104.3. Notices and Orders. The Building Official shall issue all necessary notices or orders to ensure compliance with this Chapter.
4-104.4. Inspections. The Building Official shall make all of the required inspections, or the Building Official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of the such approved agency or by the responsible individual. The Building Official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise. Subject to the approval of the appointing authority.
4-104.5. Identification. The Building Official shall carry proper identification when inspecting structures or premises in the performance of duties under this Chapter.
4-104.6. Right of Entry and Inspection. Absent exigent circumstances, when (1) it is necessary to enter a premises or structure to inspect to enforce or verify compliance with the provisions of this Chapter or other applicable law, or (2) the Building Official has reasonable cause to believe that (a) there exist upon a premises or in a structure or equipment upon a premises a condition which is contrary to or in violation of this Chapter or other applicable law, or (b) a condition exists upon a premises which creates an unsafe structure, unsafe equipment, structure unfit for human occupancy, unlawful structure, or dangerous structure or premises, the Building Official is authorized to enter the premises or structure at reasonable times to inspect or to perform the duties imposed by this Chapter or other applicable law.
4-104.7. By Consent. If such premises or structure is unoccupied, the Building Official shall make a reasonable effort to locate the owner or person having charge or control of the premises or structure, present credentials, and request entry to portions of the premises or structure not open to the public. If the premises or structure is occupied, the Building Official shall attempt to make contact with the occupant, present proper credentials, and request entry to portions of the structure or premises that are not open to the public; if consent is given, the Building Official may enter the premises or structure to inspect or to perform the duties imposed by this Chapter or other applicable law.
4-104.8. Administrative Search Warrant. If the Building Official is unable to contact the owner or person having charge or control of the premises or structure, or the occupant, or the Building Official is denied consent to enter and inspect, or the Building Official believes it is unsafe or impractical under the circumstances to seek consent to enter and inspect, the Building Official shall have recourse to the remedies provided by law to secure entry and inspection. Those remedies shall include seeking an administrative search warrant.
4-104.9. Process for Seeking Administrative Search warrant. To obtain the administrative search warrant to enter and inspect, the Building Official shall present a sworn affidavit to a judge of the district court stating the grounds for the administrative search warrant, which shall include: (a) the name of the owner and/or occupant of the premises, if known or reasonably ascertainable; (b) the address or location of the premises; (c) a statement that the Building Official has reasonable cause to believe that it is necessary to enter the premises or structure to inspect to enforce or verify compliance with the provisions of this Chapter or other applicable law; or the Building Official has reasonable cause to believe that there exists upon the premises or in a structure or equipment upon the premises a condition which is contrary to or in violation of this Chapter or other applicable law, or a condition exists upon a premises which creates an unsafe structure, unsafe equipment, structure unfit for human occupancy, unlawful structure, or dangerous structure or premises; (d) the basis for the Building Official’s reasonable cause to believe the condition or violation identified in clause (c) exists, including without limitation observation of the premises or structure from areas accessible by the public, complaints from third parties, photographs and other images, video, law enforcement reports, statements or admissions by the owner or occupant, reasonable inferences of the Building Official, and any other reasonable basis; and (e) identification, with reasonable particularity, the area or areas of the premises, structure, or equipment sought for entry and inspection.
4-104.9.1. Administrative Search Warrant: Contents. The Building Official shall request that (a) absent exigent circumstances, the administrative search warrant specify that the Building Official and his or her designees as being authorized to enter the premises and structure and complete the inspection at any time between the hours of 8 am and 6 pm; (b) the administrative search warrant describe with reasonable particularity the area or areas of the premises, structure, or equipment to be inspected; (c) the administrative search warrant direct the owner, occupant or operator of the premises to cooperate with the Building Official regarding access to the premises, structure, or equipment, to permit the inspection, and to not obstruct or interfere with the inspection; (d) the administrative search warrant authorize the Building Official to secure law enforcement to assist in the service and execution of the warrant, in the reasonable discretion of the Building Official; (e) the administrative search warrant authorize the Building Official to enter the premises or structure, have access to the equipment, and use reasonable force to obtain entry as may be necessary under the circumstances; and (f) the administrative search warrant not authorize the Building Official to seize any personal property or equipment, unless the property presents an imminent danger to life, property, or the public welfare, but the foregoing shall not prevent the Building Official from condemning any premises, structure, or equipment in accordance with this Chapter.
4-104.10. Department Records. The Building Official shall keep official records of applications received, permits and certificates issued, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for the retention of public records.
4-104.11. Liability. The Building Official or employee charged with the enforcement of this Chapter, while acting for the City of Eudora in good faith and without malice in the discharge of the duties required by this Chapter or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this Chapter shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The Building Official or any subordinate shall not be liable for cost in any action, suit, or proceeding that is instituted in pursuance of the provisions of this Chapter.
4-104.12. Approved Materials and Equipment. Materials, equipment, and devices approved by the Building Official shall be constructed and installed in accordance with such approval.
4-104.13. Used materials and Equipment. The use of used materials that meet the requirements of this Chapter or new materials is permitted. Used equipment and devices shall not be reused unless approved by the Building Official.
4-104.14. Modifications. Wherever there are practical difficulties involved in carrying out the provisions of this Chapter, the Building Official shall have the authority to grant modifications for individual cases upon application of the owner or owner’s representative, provided the Building Official shall first find that special individual reason makes the strict letter of this Chapter impractical and the modification is in compliance with the intent and purpose of this Chapter and that such modification does not lessen health, accessibility, life, and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the department of building safety.
4-104.15. Flood Hazard Areas. The Building Official shall not grant modifications to any provision related to flood hazard areas, as established by Section 1612.3 of the International Building Code. 2021 Edition or Table R301.2 of the International Residential Code. 2021 Edition, as the case may be unless the City of Eudora Floodplain Administrator has made a determination that:
1. A showing of good and sufficient cause that the unique characteristics of the size, configuration, or topography of the site render the elevation standards inappropriate
2. A determination that failure to grant the modification would result in exceptional hardship by rendering the lot undevelopable.
3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, cause fraud on or victimization of the public, or conflict with existing laws or resolutions.
4. A determination that the modification is the minimum necessary to afford relief, considering the flood hazard. Upon any such modification, the Floodplain Administrator shall submit to the applicant a written notice specifying the difference between the design flood elevation and the elevation to which the building is to be built, stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation, and stating that construction below the design flood elevation increases risks to life and property.
4-104.16. Alternative Design and Methods of Construction and Equipment. The provisions of this chapter are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this chapter, provided that any such alternative has been approved. An alternative material, design, or method of construction shall be approved where the Building Official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code and that the material, method, or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability, and safety.
4-104.17. Research Reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this chapter, shall consist of valid research reports from approved sources.
4-104.18. Tests. Whenever there is insufficient evidence of compliance with the provisions of this code or evidence that material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the Building Official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the Building Official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the Building Official for the period required for the retention of public records.
(Ord. 1096; Ord. 1139)
4-105.1. Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert, or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this Chapter, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit.
4-105.2. Annual Permit. In lieu of an individual permit for each alteration to an already approved electrical, gas, mechanical, or plumbing installation, the Codes Administrator is authorized to issue an annual permit upon application, therefore, to any person, firm, or corporation regularly employing one or more qualified tradespersons in the building, structure or on the premises owned or operated by the applicant for the permit.
4-105.3. Annual Permit Records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such an annual permit. The Building Official shall have access to such records at all times, or such records shall be filed with the Building Official as designated.
4-105.4. Work Exempt from Permit. Exemptions from permit requirements of this Article shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this Article or any other laws or regulations of the City of Eudora. Permits shall not be required for the following:
4-105.4.1. Building
1. Other than storm shelters, one-story detached accessory structures used as tool and storage sheds, playhouses, and similar uses, provided the floor area is not greater than 200 square feet (18.58 m2).
2. Decks not exceeding 200 square feet in area that are not more than 30 inches above grade at any point, are not attached to a dwelling, and do not serve the exit door required by Section R 311.4 of the International Residential Code 2021 Edition.
3. Retaining walls that are not over 6 ft in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge.
4. Water tanks supported directly on grade if the capacity is not greater than 5,000 gallons (18925 L) and the ratio of height to diameter or width is not greater than 2:1.
5. Sidewalks not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below, and are not part of an accessible route.
6. Painting, papering, tiling, carpeting, cabinets, countertops, and similar finish work.
7. Temporary motion picture, television, and theater stage sets and scenery.
8. Prefabricated swimming pools less than 24 inches (610 mm) deep.
9. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.
10. Swings and other playground equipment.
11. Window awnings supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support.
4-105.4.2. Electrical.
1. Repairs and maintenance: minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approve permanently installed receptacles.
2. Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmissions but do not apply to equipment and wiring for a power supply and the installation of towers and antennas.
3. Temporary testing systems: A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus.
4-105.4.3 Gas.
1. Portable heating, cooking, or clothes-drying appliances
2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
3. Portable fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.
4-105.4.4 Mechanical.
1. Portable heating appliances
2. Portable ventilation equipment
3. Portable cooling unit
4. Steam, hot, or chilled water piping within any heating or cooling equipment regulated by this code
5. Replacement of any part that does not alter its approval or make it unsafe
6. Portable evaporative cooler
7. Self-contained refrigeration system containing 10 pounds (5 kg) or less of refrigerant and actuated by motors of 1 horsepower (746 W) or less
8. Portable-fuel-cell appliances that are not connected to a fixed piping service and not interconnected to a power grid
4-105.4.5 Plumbing.
1. The stopping of leaks in drains, water, soil, waste, or vent pipe, provided, however, that if any concealed trap, drainpipe, water, soil, waste, or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this Article
2. The clearing of stoppages or the repairing of leaks in pipes, valves, or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes, or fixtures.
4-105.4.6. Emergency repairs. Where equipment replacements and repairs must be performed in an emergency, the permit application shall be submitted to the Building Official within the next working business day.
4-105.4.7. Repairs. Application or notice to the Building Official is not required for ordinary repairs to structures, replacement of lamps, or the connection of approved portable electrical equipment to approved permanently installed receptacles. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include the addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.
4-105.4.8. Public Service Agencies. A permit shall not be required for the installation, alteration, or repair of generation, transmission, distribution or metering, or other related equipment that is under the ownership and control of public service agencies by established right.
4-105.4.9. Preliminary Meeting. When requested by the permit applicant or the codes administrator, the permit applicant and the codes administrator shall meet prior to the application for a permit to discuss plans for the proposed work or change of occupancy in order to establish the specific applicability of the provisions of this Chapter.
4-105.4.10. Application for Permit. To obtain a permit, the applicant shall first file an application therefore in writing on a form furnished by the department of building safety for that purpose. Such application shall:
1. Identify and describe the work to be covered by the permit for which the application is made.
2. Describe the land on which the proposed work is to be done by legal description, street address, or similar description that will readily identify and definitely locate the proposed building or work.
3. Indicate the use and occupancy for which the proposed work is intended.
4. Be accompanied by construction documents and other information as required in the applicable Article.
5. State the valuation of the proposed work
6. Be signed by the applicant’s authorized agent.
7. Give such other data and information as required by the Building Official.
4-105.4.11. Action on Application. The Building Official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or construction documents do not conform to the requirements of pertinent laws, the Building Official shall reject such application in writing, stating the reasons. If the codes administrator is satisfied that the proposed work conforms to the requirements of this Chapter and laws and resolutions applicable thereto, the Building Official shall issue a permit therefore as soon as practicable.
4-105.4.12. Time Limitation of Application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing unless such application has been pursued in good faith or a permit has been issued, except that the Building Official is authorized to grant extensions of time.
4-105.4.13. Validity of Permit. The issuance or granting of a permit shall not be construed to be a permit for, or approval of, any violation of any of the provisions of this Chapter or of any other applicable law, resolution, or regulation. Permits presuming to give authority to violate or cancel the provisions of this Chapter or other law, resolution, or regulation shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the Codes Administrator from requiring the correction of errors in the construction documents and other data. The Building Official is also authorized to prevent occupancy or use of a structure where in violation of this Chapter or of any other laws, resolutions, or regulations.
4-105.4.14. Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The codes administrator is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.
4-105.4.15. Suspension or Revocation. The Building Official is authorized to suspend or revoke a permit issued under the provisions of this Chapter wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any of the provisions of this Chapter.
4-105.4.16. Placement of Permit. The building permit or copy shall be kept on the site of the work until the completion of the project.
(Ord. 1096; Ord. 1139)
4-106.1. Live Loads Posted. Where the live loads for which each floor or portion thereof of a commercial or industrial building is or has been designed to exceed 50 psf (2.40 KN/m2), such design live loads shall be conspicuously posted by the owner in that part of each story in which they apply, using durable signs. It shall be unlawful to remove or deface such notices.
4-106.2. Issuance of Certificate of Occupancy. A certificate of occupancy required by any provision of this Chapter shall not be issued until the floor load signs, required hereby have been installed.
4-106.3. Restrictions on Loading. It shall be unlawful to place, or cause or permit to be placed, on any floor or roof of a building, structure or portion thereof, a load greater than is permitted by this Chapter.
(Ord. 1096; Ord 1139)
4.107.1. General. Submittal documents consisting of construction documents, statements of special inspections, geotechnical reports, and other data shall be submitted in two or more sets with each permit application. The construction documents shall be prepared by a registered design professional. Where special conditions exist, the Building Official is authorized to require additional construction documents to be prepared by a registered design professional. Exception: The Building Official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this Chapter.
4-107.2. Construction Documents. Construction documents shall be in accordance with Sections 4-107.2.1 through 4-107.2.7.
4-107.2.1. Information on Construction Documents. Construction documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permitted to be submitted when approved by the Building Official. Construction documents shall be of sufficient clarity to indicate the location, nature, and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, resolutions, rules, and regulations, as determined by the Codes Administrator.
4-107.2.2. Fire Protection System Shop Drawings. Shop drawings for the fire protection systems shall be submitted to indicate conformance to this Chapter and the construction documents and shall be approved prior to the start of system installation. Shop drawings shall contain all information as required by the referenced installation standards in Chapter 9 of the International Building Code. 2021 Edition.
4-107.2.3. Means of Egress. The construction documents shall show in sufficient detail the location, construction, size, and character of all portions of the means of egress, including the path of the exit discharge to the public way in compliance with the provisions of this Chapter. In other than occupancies in Groups R-2, R-3, and I-1, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces.
4-107.2.4. Exterior wall Envelope. Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with this code. The construction documents shall provide details of the exterior wall envelope as required by the Codes Administrator.
4-107.2.5. Site Plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the proposed finished grades, and, as applicable, flood hazard areas, floodways, and design flood elevations; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The Codes Administrator is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted.
4-107.2.6 Design Flood Elevations; IBC. Where design flood elevations are not specified with respect to building and structures regulated by Article 3 (i.e. the International Building Code), they shall be established in accordance with Section 1612.3.1 of the International Building Code. 2021 Edition.
4-107.2.7 Information for Construction in Flood hazard Areas; IRC. For buildings and structures regulated by Article 2 (i.e. the International Residential Code) and located in whole or in part in the flood hazard areas as established by Table R301.2, construction documents shall include:
1. Delineation of flood hazard areas, floodway boundaries, and flood zones and the design flood elevation as appropriate.
2. The elevation of the proposed lowest floor, including the basement, in areas of all flooding (AE Zones), the height of the proposed lowest floor, including basements above the highest adjacent grade.
4-107.3 Examination of Documents. The Building Official shall examine or cause to be examined the accompanying submittal documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this Chapter and other pertinent laws or regulations.
4-107.3.1. Approval of Construction Documents. When the Building Official issues a permit, the construction documents shall be approved, in writing or by stamp, as "Reviewed for Code Compliance." One set of construction documents so reviewed shall be retained by the Codes Administrator. The other set shall be returned to the applicant, shall be kept at the site of work, and shall be open to inspection by the Codes Administrator or a duly authorized representative.
4-107.3.2. Previous Approvals. This Chapter shall not require changes in the construction documents, construction, or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within 180 days after the effective date of this code and has not been abandoned.
4-107.3.3. Phased Approval. The Building Official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of this code. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder’s own risk with the building operation and without assurance that a permit for the entire structure will be granted.
4-107.3.4. Design Professional in Responsible Charge. When it is required that documents be prepared by a registered design professional, the Building Official shall be authorized to require the owner to engage and designate on the building permit application a registered design professional who shall act as the registered design professional in responsible charge. If the circumstances require, the owner shall designate a substitute registered design professional in responsible charge who shall perform the duties required of the original registered design professional in responsible charge. The Codes Administrator shall be notified in writing by the owner if the registered design professional in responsible charge is changed or is unable to continue to perform the duties.
4-107.3.5. Deferred Submittals. When it is required that documents be prepared by a registered design professional, the Building Official shall be authorized to require the owner to engage and designate on the building permit application a registered design professional who shall act as the registered design professional in responsible charge. If the circumstances require, the owner shall designate a substitute registered design professional in responsible charge who shall perform the duties required of the original registered design professional in responsible charge. The Building Official shall be notified in writing by the owner if the registered design professional in responsible charge is changed or is unable to continue to perform the duties.
Deferral of any submittal items shall have the prior approval of the Building Official. The registered design professional in responsible charge shall list the deferred submittals on the construction documents for review by the Building Official.
Documents for deferred submittal items shall be submitted to the registered design professional in responsible charge who shall review them and forward them to the Building Official with a notation indicating that the deferred submittal documents have been reviewed and found to be in general conformance to the design of the building. The deferred submittal items shall not be installed until the deferred submittal documents have been approved by the Building Official.
4-107.3.6. Amended Construction Documents. Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents.
4-107.3.7. Retention of Construction Documents. One set of approved construction documents shall be retained by the Building Official for a period of not less than 180 days from date of completion of the permitted work, or as required by state or other local laws.
(Ord. 1096; Ord. 1139)
4-108.1. General. The Codes Administrator is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service but shall not be permitted for more than 180 days. The Codes Administrator is authorized to grant extensions for demonstrated cause.
4-108.1.2. Conformance. Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation and sanitary requirements of this code as necessary to ensure public health, safety and general welfare.
4-108.1.3. Temporary Power. The Codes Administrator is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion has been issued. The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or power in the National Electric Code, 2005 Edition, NFPA 70.
4-108.1.4. Termination of Approval. The Codes Administrator is authorized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be discontinued.
(Ord. 1096; Ord. 1139)
4-109.1. Payment of Fees. A permit shall not be valid until the fees prescribed herein have been paid. Nor shall an amendment to a permit be released until the additional fee, if any, has been paid.
4-109.1.2. Schedule of Permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit pursuant to the codes adopted under this Chapter, a fee for each permit shall be paid as required according to the City of Eudora Master Fee Schedule:
4-109.1.3 Building Permit Valuations. The applicant for a permit shall provide an estimated permit value at the time of application. Permit valuations shall include the total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment, and permanent systems. If, in the opinion of the Building Official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the Building Official. The final building permit valuation shall be set by the Building Official.
4-109.1.4. Disposition of Fees. The Billing Department shall keep, or cause to be kept, an accurate account of fees under the provisions of this Chapter and record the location of the proposed construction or installation to which the fees relate
4-109.1.5. Work Commencing Before Permit Issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to an additional fee established by the permit fee schedule, which shall be in addition to all other required permit fees.
4-109.1.6. Related Fees. The payment of the fee for the construction, alteration, removal, or demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law.
4-109.1.7. Fee Refund. The Building Official may authorize the refunding of fees as follows:
1. The full amount of any fee paid hereunder that was erroneously paid or collected
2. Not more than 50% of the permit fee paid when no work has been done under a permit issued in accordance with this Chapter
3. Not more than 50% of a 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 plan review effort has been expended.
(Ord. 1096; Ord. 1139)
4-110.1. General. Construction or work for which a permit is required shall be subject to inspection by the Building Official, and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this Chapter or of resolutions of the City of Eudora. Inspections presuming to give authority to violate or cancel the provisions of this Chapter or of other resolutions of the City of Eudora shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. The Building Official may order work exposed for inspection purposes and the permit applicant shall bear the cost thereof. If the permit applicant refuses to expose the work for inspection, the Building Official may expose the work, revoke the permit, or take other action as authorized by this Chapter or other applicable law. Neither the Building Official nor the City of Eudora shall be liable for expenses entailed in the removal or replacement of any material required to allow inspection.
4-110.1.1. Preliminary Inspection. Before issuing a permit, the Building Official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed.
4-110.2. Required Inspections. The Building Official, upon notification, shall make the inspections set forth in this Article.
4-110.2.1. Footing and Foundation Inspection. Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection. Materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with ASTM C 94, the concrete need not be on the job.
4-110.2.2. Concrete Slab and Under-Floor Inspection. Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor.
4-110.2.3. Lowest Floor Elevation. In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the documentation required in Section 1612.4 of the International Building Code. 2021 Edition, as the case may be, shall be submitted to the Building Official.
4-110.2.4. Rough In Inspection. Framing inspections shall be made after the roof deck or sheathing, all framing, fire-blocking, and bracing are in place and pipes, chimneys, and vents to be concealed are complete, and the rough electrical, plumbing, heating wires, pipes, and ducts are approved.
4-110.2.5. Lath and Gypsum Board Inspection. Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or gypsum board joints and fasteners are taped and finished. Exception: Gypsum board that is not part of a fire-resistance-rated assembly or a shear assembly.
4-110.2.6. Fire and Smoke-Resistant Penetrations. Protection of joints and penetrations in fire-resistance-rated assemblies, smoke barriers, and smoke partitions shall not be concealed from view until inspected and approved.
4-110.2.7. Energy Efficiency Inspections. Inspections shall be made to determine compliance with energy efficiency requirements and shall include, but not be limited to, inspections for: envelope insulation R- and U-values, fenestration U-value, duct system R-value, and HVAC and water-heating equipment efficiency
4-110.2.8. Special Inspections. For special inspections, see Chapter 17 of the International Building Code, 2021 Edition.
4-110.2.9. Final Inspection. The final inspection shall be made after all work required by the building permit is completed.
4-110.2.10. Flood Hazard Documentation. (Elevation Certificate). If located in a flood hazard area, documentation of the elevations as required in Section 1612.4 of the International Building Code. 2021 Edition, as the case may be, shall be submitted to the codes Administrator prior to the final inspection.
4-110.2.11. Other Inspections. In addition to the inspections specified in Sections 4- 112.3.1 through 4-112.3.10, the Building Official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws that are enforced by the department of building safety.
4-110.2.12. Inspection Agencies. The Building Official is authorized to accept reports of approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability
4-110.2.13. Inspection Requests. It shall be the duty of the holder of the building permit or their duly authorized agent to notify the Building Official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this Chapter.
4-110.2.14. Approval Required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the Building Official. The Building Official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the Building Official.
(Ord. 1096; Ord. 1139)
4-111.1. Use and Occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made, until the Codes Administrator has issued a certificate of occupancy therefore as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other resolutions of the City of Eudora. Exceptions:
1. Certificates of occupancy are not required for work exempt from permits under this Article.
2. Accessory buildings or structures
4-111.2. Certificate Issued. After the Codes Administrator inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the department of building safety, the Codes Administrator shall issue a certificate of occupancy that contains the following:
1. The building permit number
2. The address of the structure
3. Name and address of the owner
4. A description of that portion of the structure for which the certificate is issued
5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this Chapter for the occupancy and division of occupancy and the use for which the proposed occupancy is classified
6. The name of the Codes Administrator
7. The edition of the code under which the permit was issued
8. The use and occupancy, in accordance with the provisions of the applicable code
9. The type of construction as defined in the applicable code
10. The design occupant load
11. If an automatic sprinkler system is provided, whether the sprinkler system is required
12. Any special stipulations and conditions of the building permit
4-111.2.1. Temporary Occupancy. The Codes Administrator is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The Codes Administrator shall set a time period during which the temporary certificate of occupancy is valid.
4-111.2.2. Revocation. The Codes Administrator is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of this Chapter wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof, or its use or occupancy, is in violation of any ordinance or regulation or any of the provisions of this Chapter.
(Ord. 1096; Ord. 1139)
4-112.1. Connection of Service Utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the Building Official.
4-112.1.1. Temporary Connection. The Building Official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel or power.
4-112.1.2. Authority to Disconnect Service Utilities. The Building Official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this Chapter and the referenced and adopted codes and standards set forth therein in case of an emergency where necessary to eliminate an immediate hazard to life or property or when such utility connection has been made without the required approval. The Building Official shall notify the serving utility, and, wherever possible, the owner and occupant of the building, structure, or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure, or service system shall be notified in writing, as soon as practical thereafter.
(Ord. 1096; Ord. 1139)
4-113.1. Unlawful Acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish, use, or occupy any building, structure or equipment regulated by this Chapter, or cause the same to be done, in conflict with or in violation of any of the provisions thereof.
4-113.1.1. Notice of Violation. The Building Official is authorized to serve a notice of violation or order on the person responsible for the erection, construction alteration, extension, repair, moving, removal, demolition, use, or occupancy of a building or structure in violation of the provisions of this chapter, or in violation of a detailed statement or a plan approved thereunder, or in violation of a permit or certificate issued under the provisions of this Chapter. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.
4-113.1.2. Violation and Penalties. Any person who violates a provision of this Chapter or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the Building Official, or of a permit or certificate issued under the provisions of this Chapter, shall be guilty of a misdemeanor, punishable by a fine of not more than $500 or by imprisonment for not more than one month, or by both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. In addition to any other remedies provided by the code or other applicable law, the Building Official may bring civil suit to enjoin the violation of any provisions of the code.
4-113.1.3. Stop Work Orders. Upon notice from the Building Official or his designee that work on any building or structure is being performed contrary to the provisions of any codes adopted in this Chapter or in an unsafe and dangerous manner, such work shall be immediately stopped. The stop work order shall be in writing and shall be given to the owner of the property involved, to the owner’s agent, or to the person doing the work and shall state the conditions under which work will be permitted to resume. Where an emergency exists, the Building Official shall not be required to give a written notice prior to stopping work. Any person who shall continue any work in or about the structure 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 of not more than $500 and such other penalties as prescribed by law.
4-113.1.4. Abatement and Injunction of Violation. The imposition of the penalties herein prescribed shall not preclude the Building Official or City of Eudora from instituting appropriate action to prevent unlawful construction or restrain, correct, or abate a violation, or to prevent illegal use or occupancy of a building, structure, or premises, or to stop an illegal act, conduct, business or utilization of a building or other construction on or about any premises.
(Ord. 1096; Ord. 1139)
4-114.1. Condemnation. All equipment, systems, devices, and safeguards required by this Chapter, a previous statute or code applicable to the structure, premises or equipment, or other applicable law shall be maintained in good working order and repair. It shall be unlawful for an owner, operator or occupant to cause or permit any equipment, systems, devices and safeguards, or any other service, facility, equipment or utility required by this Chapter, a previous statute or code applicable to the structure, premises, or equipment, or other applicable law, to be removed, shut off, or discontinued from any occupied structure, except for such temporary interruption as necessary while repairs or alterations made in accordance with applicable law are in progress. Structures (including agricultural buildings), real property, or existing equipment that are or hereafter become unsafe, unsanitary, deficient, or in violation of applicable law because of inadequate means of egress facilities, inadequate light, and ventilation, inadequate safety features, or which constitute a fire hazard or life-safety hazard, or are otherwise detrimental to public health, safety, or welfare, or that involve illegal or improper use, occupancy or inadequate maintenance, shall be condemned pursuant to the provisions of this Chapter. Unsafe structures shall be taken down and removed or made safe, and real property shall be restored to a safe and compliant condition, as the Building Official deems necessary and as provided for in this Section. Structures, real property, or equipment may be condemned for any of the following reasons:
1. Unsafe Structure. An unsafe structure is a vacant structure that is not secured against entry or a structure that is found to be dangerous to life, health, property, or safety of the public or the occupants of the structure, including without limitation, by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe or improperly installed equipment, or is so damaged, decayed, dilapidated, structurally unsafe, or of such faulty construction or unstable foundation, that partial or complete collapse is possible.
2. Unsafe Equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition or is improperly installed or maintained that such equipment is a hazard to life, health, property, or safety of the public or occupants of the premises or structure
3. Structure Unfit for Human Occupancy. A structure is unfit for human occupancy whenever the Building Official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is structurally unsound or unsafe, unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.
4. Unlawful Structure. An unlawful structure is one occupied by more persons than permitted under this Chapter or other applicable law, or was erected, altered, or otherwise occupied contrary to law.
5. Dangerous Structure or Premises. For the purpose of this Chapter, any structure or premises that have one or more of the following shall be considered dangerous or unsafe:
A. The walking surface on any aisle, passageway, stairway, exit or other means of egress is so warped, worn loose, torn, or otherwise unsafe as to not provide safe and adequate means of egress.
B. Any portion of a building, structure, or appurtenance that has been damaged by fire, earthquake, wind, flood, deterioration, neglect, abandonment, vandalism, or by any other cause to such an extent that it is likely to collapse partially or completely, or to become detached or dislodged or some portion of the foundation or underpinning of the building or structure is likely to fall or give way.
C. The building or structure, or any portion thereof, is clearly unsafe for its use and occupancy or is a threat to life or health.
D. The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who are unable to appreciate the risk the building or structure poses and might play in the building or structure to their danger, becomes a harbor for vagrants, criminals, or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act.
E. Any building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, or otherwise, is unsanitary, unfit for human habitation, or in such a condition that is likely to cause sickness, disease, or injury
F. Any portion of a building which remains on a site after the demolition or destruction of the building or structure; or whenever any building or structure is abandoned so as to constitute such building or portion thereof as an attractive nuisance or hazard to the public
Notwithstanding the foregoing, however, the provisions of this Section relating to condemning structures and ordering abatement of unsafe or dangerous structures shall not apply to any agricultural building unless the agricultural building actually presents a public nuisance that endangers public health, safety, and welfare
4-114.1.1. Record. The Building Official shall cause a report to be filed with the Building Official’s records on an unsafe condition. The report shall state the occupancy of the structure, if any, and the nature of the unsafe condition.
4-114.1.2. Notice. Whenever the Building Official has condemned a structure, real property, or equipment, the Building Official shall serve the owner, agent, or person in control of the premises, a written notice that describes the condition deemed unsafe, unlawful, or dangerous and specifies the required repairs or improvements to be made to abate the unsafe condition, and the time to complete such repairs or improvements, or that requires the unsafe structure to be demolished within a stipulated time. Such notice shall require the person thus notified to declare immediately to the Building Official acceptance or rejection of the terms of the order. If the owner, agent, or person in charge rejects or fails to comply within the time allowed, the Building Official shall have the authority to accept the terms of the order or to complete the repairs or demolition or otherwise remove the structure, equipment, system, or device, and to restore any real property to a safe and compliant condition, as reasonably necessary to protect public health, safety, and welfare.
4-114.1.3. Method of Service. Such notice shall be deemed properly served if a copy thereof is (a) delivered to the owner personally; (b) sent by certified or registered mail addressed to the owner at the last known address with the return receipt requested; (c) sent by certified or registered mail addressed to the owner at the address listed in the County tax records for the subject real property, with the return receipt requested; (d) posted conspicuously in or about the structure or real property affected by such notice, or (e) delivered in any other manner as prescribed by local law or reasonably calculated to reach the intended recipient. If sent by mail, the notice shall be deemed effective and complete three calendar days after mailing. If the certified or registered letter is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. Service of such notice in the foregoing manner upon the owner’s agent or upon the person occupying or responsible for the structure or real property shall constitute service of notice upon the owner.
4-114.1.4. Placarding. Upon failure of the owner or person responsible to comply with the notice provisions within the time given (if any time is given), the Building Official shall post on the premises or on defective equipment, system or device, a placard bearing the word “Condemned" and a statement of the penalties provided for occupying the premises, operating the equipment, or removing the placard.
4-114.1.5. Prohibited Occupancy. Any structure, real property or equipment condemned and placarded by the Building Official shall be vacated as ordered by the Building Official and shall not thereafter be occupied or used unless and until the Building Official authorizes. It shall be unlawful for any person to occupy a placarded premise or operate placarded equipment, and it shall be unlawful for any owner or any person responsible for the premises to permit anyone to occupy a placarded premise or operate placarded equipment. Any violator shall be subject to the civil and criminal penalties provided for violations of the provisions of this Chapter
4-114.1.6. Removal of Placard. The Building Official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the Building Official shall be deemed to have violated the provisions of this Chapter and shall be subject to the civil and criminal penalties provided for violations of the provisions of this Chapter.
4-114.1.7. Authority to Disconnect Service Utilities. The Building Official shall have the authority to authorize disconnection of utility service to the building, structure, or system regulated by this Chapter and the referenced codes and standards in case of an emergency where necessary to eliminate an immediate hazard to life or property or when such utility connection has been made without approval. The Building Official shall notify the servicing utility and, whenever possible, the owner and occupant of the building, structures, or service system of the decision to disconnect prior to taking such action. If not provided prior to disconnection, written notification shall be done as soon as practical thereafter.
4-114.1.8. Abatement. The owner, operator, or occupant of a structure, premises, or equipment, system, or device deemed unsafe or dangerous by the Building Official shall abate or cause to be abated or corrected such unsafe or dangerous conditions either by repair, rehabilitation, demolition, or other approved corrective action in the manner and within the timeframe specified by the Building Official. To the extent that repairs, alterations, or additions are made, or a change of occupancy occurs during the restoration of the structure, such repairs, alterations, additions, or change of occupancy shall comply with all applicable requirements of this Chapter, including the requirements of the International Existing Building Code, Section 115-115.5, and Appendix J of the International Residential Code, 2021 Edition, as the case may be.
4-114.1.9. Emergency Measures. When, in the opinion of the Building Official, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part thereof has fallen, and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes, gases or vapors or the presence of toxic fumes, gases or materials, fire hazard, or operation of defective or dangerous equipment, or when any other emergency condition exists, the Building Official may, without notice or hearing, order and require the occupants to vacate the premises forthwith. It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition, or of demolishing the same. Notwithstanding other provisions of this Chapter, whenever, in the opinion of the Building Official, there is imminent danger due to an unsafe condition, the Building Official may order the owner to perform the necessary work to be done to secure the structure to safeguard from imminent danger, including the boarding up or locking of openings to render such structure temporarily secure, whether or not the legal procedure described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such imminent condition. If the owner fails to perform such work to secure the structure and safeguard from imminent danger, the Building Official may employ the necessary labor and materials to perform the required work as expeditiously as possible to secure the structure in an effort to provide the minimum safeguards from imminent danger. Costs incurred in the performance of emergency work shall be paid from the treasury of the jurisdiction on approval of the Building Official. The cost of such repairs shall be the responsibility of the owner and may be recovered in any civil or criminal action.
4-114.1.10. Appeals. Appeals under this Section 4-114.1.10. may be made as follows:
1. General. Any person directly affected by a decision of the Building Official or any notice of violation, condemnation, or other order issued under this Section 4-117 shall have the right to appeal to the City Manager, provided that a written application for appeal is filed with the Director of the Zoning & Codes Department within 15 days after the day the decision, notice, or order was served (with the exception of Section 4-114.1.9. - Emergency Measures specified below). The appeal shall be based on a claim that the true intent of this Chapter has been incorrectly interpreted or that the provisions of this Chapter do not apply. An application for appeal shall state the specific reason or reasons for the appeal, shall provide all facts in support of the appeal, and shall state, with particularity, the way in which the true intent of this Chapter has been incorrectly interpreted or applied.
2. Emergency Measures. To provide a prompt appeal for emergency notices, any person directly affected by a decision of the Building Official issued under Section 4-114.1.9. - Emergency Measures, shall have the right to appeal to the City Manager or the City Manager’s designee, provided that a written application for appeal is filed within 3 days after the day the decision, notice, or order was served, but any appeal not perfected within 3 days may still be made to the City Manager within the timeframe specified above. The appeal shall be based on a claim that the true intent of this Chapter has been incorrectly interpreted or that the provisions of this Chapter do not apply. An application for appeal shall state the specific reason or reasons for the appeal, shall provide all facts in support of the appeal, and shall state, with particularity, the way in which the true intent of this Chapter has been incorrectly interpreted or applied
3. Appeal Fees. The appeal fees of $100.00 shall apply to appeals to the City Manager pursuant to this subsection. The fee must be paid within the timeframe for filing an appeal.
4. Stays of Enforcement. Except for Emergency Measures ordered pursuant to Section 4-114.1.9., appeals of notices, citations, and orders shall stay the enforcement of the notice, citation, or order until the appeal is heard by the appropriate board or official. Appeals of Emergency Measures ordered pursuant to Section 4-114.1.9. shall not stay the enforcement of the notice, citation, or order, but a decision of the City Manager or the City Manager’s designee overruling or invalidating a decision, notice, or order of the Building Official on an appeal of Emergency Measurers shall stay the enforcement of the decision, notice or order.
(Ord. 1096; Ord. 1139)
4-115.1. Licensure of Plumbers. All plumbers practicing their trade within the incorporated area of the City of Eudora shall hold a valid license from the City of Eudora. This license shall be subject to the requirement of KS.A. 12-1508 et seq. and any amendment thereto. Any property owner shall be allowed to do his or her own plumbing work; provided, however, after the second failure to pass a plumbing inspection, a licensed plumber will be required to finish the work.
4-115.2. Licensure of Electricians. All electricians practicing their trade within the incorporated area of the City of Eudora shall hold a valid license from the City of Eudora. This license shall be subject to the requirement of KS.A. 12-1525 et seq. and any amendment thereto. Any property owner shall be allowed to do his or her own electrical work; provided, however, after the second failure to pass an electrical inspection, a licensed electrician will be required to finish the work.
4-115.3. Licensure of Mechanical Mechanics. All mechanical heating, ventilation, and air conditioning mechanics practicing their trade within the incorporated area of the City of Eudora shall hold a valid license from the City of Eudora. This license shall be subject to the requirement of KS.A. 12-1540 et seq. and any amendment thereto. Any property owner shall be allowed to do his or her own mechanical work; provided, however, after the second failure to pass an electrical inspection, a licensed mechanical heating, ventilation, and air conditioning mechanic will be required to finish the work.
(Ord. 1096; Ord. 1139)