TITLE 15. BUILDINGS AND CONSTRUCTIONTITLE 15. BUILDINGS AND CONSTRUCTION\Chapter 15.04 BUILDING CODE AND FLOOD HAZARD PREVENTION

A.    A certain document, one (1) copy of which is on file in the office of the City Clerk of the City of Belleville, Kansas, being marked and designated as the International Building Code, 2006 edition, including Appendix Chapters as published by the International Code Council, be and is hereby adopted as the Building Code of the City of Belleville, in the state of Kansas for regulating and 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 as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Building Code on file in the office of the City Clerk are hereby referred to, adopted and made a part hereof, as if fully set out in this section, with the additions, insertions, deletions and changes, if any, prescribed in subsection B.

B.    The following sections are hereby revised:

Section 101.1. Insert “City of Belleville, Kansas”

Section 1612.3. Insert “City of Belleville, Kansas”

Section 1612.3. Insert “October 31, 1975”

Section 3412.2. Insert: 1976

(Ord. 615 § 1, 1976; Code 2016)

A.    A certain document, at least one copy of which is on file in the office of the City Clerk of the City of Belleville, Kansas being marked and designated as the International Residential Code, 2006 edition, including Appendix Chapters G, as published by the International Code Council, is hereby adopted as the Residential Code of the City of Belleville in the State of Kansas for regulating and governing the construction, alteration, 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 as herein provided; providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions, and terms of said Residential Code on file in the office of the City of Belleville are hereby referred to, adopted, and made a part hereto: as if fully set out in this section, with the additions, insertions, deletions and changes, if any, prescribed in subsection B.

B.    The following sections are hereby revised:

Section R1-1.1 City of Belleville, Kansas

Section R301.2 (1) 32 inches, According to flood map

Section P2603.6.1 12 inches 24 inches

Section P3103.1 6 inches

(Code 2016)

A.    The office of building official is created, and the executive official in charge shall be known as the building official.

B.    The building official shall be appointed by the city manager. His appointment shall continue during good behavior and satisfactory service. He shall not be removed from office except for cause after full opportunity has been given to him to be heard on specific charges.

C.    During temporary absence or disability of the building official, the appointing authority shall designate an acting building official.

(Ord. 615 § 2, 1976)

The building official is authorized and directed to enforce all the provisions of this chapter and all other ordinances of the city now in force or hereafter adopted, relating to zoning, subdivision regulations or building codes.

(Ord. 616 § 1, 1976)

The building official, in the discharge of his official duties, and upon proper identification, shall have authority to enter any building, structure or premises at any reasonable hour.

(Ord. 615 § 4, 1976)

Any officer or employee, or member of the board of adjustments and appeals, charged with the enforcement of the code adopted in Section 15.04.010, acting for the city in the discharge of his duties, shall not thereby render himself liable personally, and he is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties. Any suit brought against any officer or employee because of such act performed by him in the enforcement of any provision of such code shall be defended by the city until the final termination of the proceedings.

(Ord. 615 § 3, 1976)

A.    The ordinance codified in Sections 15.04.030 and 15.04.060 through 15.04.170 of this chapter shall take precedence over conflicting laws, ordinances or parts of ordinances.

B.    The city council may from time to time amend said sections to reflect any and all changes in the National Flood Disaster Protection Act of 1973.

(Ord. 616 § 10, 1976)

No person, firm or corporation shall erect, construct, enlarge or improve any building or structure in the city, or cause the same to be done, without first obtaining a separate building permit for each such building or structure from the building official.

(Ord. 616 § 2(a), 1976)

To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished for that purpose. Every such application shall:

A.    Identify and describe the work to be covered by the permit for which application is made;

B.    Describe the land on which the proposed work is to be done, by lot, block, tract, and house and street address, or similar description that will readily identify and definitely locate the proposed building or work;

C.    Indicate the use or occupancy for which the proposed work is intended;

D.    Be accompanied by plans and specifications for proposed construction;

E.    Be signed by the permittee, or his authorized agent, who may be required to submit evidence to indicate such authority;

F.    Give such other information as reasonably may be required by the building official.

(Ord. 616 § 2(b), 1976)

The building official shall review all building permit applications to determine if the site of the proposed construction is reasonably free from flooding, and to make recommendations for construction in all locations which have flood hazards.

(Ord. 616 § 3, 1976)

A building permit fee of $25.00 shall be paid to the City Clerk at the time the application for the building permit is submitted to the City Clerk. The building permit fee shall be the amount that is established, from time to time, by the governing body of the city.

(Ord. 616; Ord. 889)

The building official, in reviewing all applications for construction in flood hazard locations within the city, shall require that any such proposed construction or substantial improvement must:

A.    Be designed and anchored to prevent the flotation, collapse or lateral movement of the structure or portions of the structure due to flooding;

B.    Use of construction materials and utility equipment that are resistant to flood damage;

C.    Use of construction methods and practices that will minimize flood damage.

(Ord. 616 § 6, 1976)

The governing body of the city, in reviewing all subdivision applications, shall make findings of fact and determine if:

A.    All such proposed developments are consistent with the need to minimize flood damage;

B.    Adequate drainage is provided so as to reduce exposure to flood hazards;

C.    All public utilities and facilities are located so as to minimize or eliminate flood damage;

D.    New water and sewer systems shall be constructed to eliminate or minimize infiltration; moreover, on-site waste disposal systems will be designed to avoid impairment.

(Ord. 616 § 7, 1976)

The application, plans and specifications filed by an applicant for a permit shall be checked by the building official. Such plans may be reviewed by other departments of the city to check compliance with the laws and ordinances under their jurisdiction. If the building official is satisfied that the work described in an application for permit and the plans filed therewith conform to the requirements of this chapter and other pertinent laws and ordinances, and that the fee specified therein has been paid, he shall issue a permit therefor to the applicant.

(Ord. 616 § 4(a), 1976)

Every permit issued by the building official under the provisions of this chapter shall expire by limitation and become null and void, if the building or work authorized by such permit is not commenced within one hundred twenty days from the date of the permit, or if the building or work authorized by the permit is suspended or abandoned at any time after the work is commenced for a period of one hundred twenty days. Before such work can be recommenced, a new permit shall be first obtained so to do.

(Ord. 616 § 4(b), 1976)

The building official may, in writing, suspend or revoke a permit issued under the provisions of this chapter whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation or any of the provisions of this chapter.

(Ord. 616 § 4(c), 1976)

A.    The city council hereby designates Flood Hazard Boundary Map(s) No. H01, dated 10/31/75, and amendments, as the official map(s) delineating certain zones with relative degrees of flood hazard.

B.    Moreover, the governing body of the city will cooperate with neighboring jurisdictions with respect to adjoining drainage areas and flood-prone areas in order to prevent aggravation of the flooding problem, and will work with appropriate state and federal agencies in every way possible in complying with the National Flood Insurance Program.

(Ord. 616 § 8, 1976)

Any person, firm or corporation violating any provision of the ordinance codified in Sections 15.04.030 and 15.04.060 through 15.04.170 of this chapter, or failing to comply with the requirements thereof, or who erects, constructs, alters or repairs, or has erected, constructed, altered or repaired a building or structure in the city in violation of a detailed statement or building plan submitted as an application for a permit, or of a permit or certificate issued by virtue of said sections shall, upon conviction, be fined not less than ten dollars nor more than one hundred dollars.

(Ord. 616 § 9, 1976)