CHAPTER IV. BUILDINGS AND CONSTRUCTIONCHAPTER IV. BUILDINGS AND CONSTRUCTION\ARTICLE 1. BUILDING CODES AND CONTRACTORS

ARTICLE 1. BUILDING CODES AND CONTRACTORS

(a)   There is hereby adopted and incorporated by reference, for the purpose of establishing rules and regulations for the construction, alteration, addition to, removal, demolition, maintenance, equipment use, and occupancy of buildings and structures the following model codes, appendices, and amendments thereto (listed in subsection (b)). Such codes being made as a part of the ordinances and code of the City of Rose Hill as if the same had been set out in full herein. All codes are adopted in the manner prescribed by K.S.A. 12-3009 through 12-3012. No fewer than three copies of the adopted codes shall be marked or stamped “Official Copy as Incorporated by the City of Rose Hill,” and shall be filed with the city clerk to be open to inspection and available to the public at all reasonable hours of business. Any person firm, or corporation violating any provision of such codes shall be punished as provided in section 1-116 of this code.

(b)   Model codes incorporated.

(1)   Adoption of Building Code by reference.

(A)  It is hereby adopted and incorporated by reference for the purpose of regulating and controlling the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, and use or maintenance of structures within the corporate limits of the City of Rose Hill, Kansas, that certain standard code known as the “Derby Building Code’’, as adopted by Ordinance No. 2258 of the City of Derby, Kansas, and contained in Chapter 15.12 of the Derby Municipal Code, as amended, save and except such articles, sections, parts or portions as are hereafter omitted, deleted, modified, amended, or changed; provided, that all references therein to the City of Derby shall be deemed amended to refer to the City of Rose Hill, said code being adopted and incorporated as fully as if set out herein at length, such incorporation by reference being authorized pursuant to K.S.A. 12-3009 through 12-3012, inclusive, as amended.

(B)   It is hereby adopted and incorporated by reference for the purpose of amending the Derby Building Code, in the form of omissions, amendments, modifications, changes, and deletions thereto, that certain Ordinance No. 2258 of the City of Derby, Kansas, as adopted by the Derby City Council on December 8, 2015, and published on December 16, 2015, in the official city newspaper, such incorporation being authorized by K.S.A. 12-3009 through 12-3012, inclusive, as amended.

(C)   One or more copies of said code shall be marked or stamped “Official Copy,” with all deleted or amended sections or portions thereof clearly marked, and to which shall be attached a copy of this ordinance. Such copy or copies shall be open and available for public inspection at all reasonable hours in the office of the city clerk.

(2)   Adoption of Fire Code by reference.

(A)  It is hereby adopted and incorporated by reference for the purpose of prevention and suppression of fire within the corporate limits of the City of Rose Hill, Kansas, that certain standard code known as the “Derby Fire Code”, as adopted by Ordinance No. 2260 of the City of Derby, Kansas, and contained in Chapter 8.16 of the Derby Municipal Code, as amended, save and except such articles, sections, parts or portions as are hereafter omitted, deleted, modified, amended, or changed; provided, that all references therein to the City of Derby shall be deemed amended to refer to the City of Rose Hill, said code being adopted and incorporated as fully as if set out herein at length, such incorporation by reference being authorized pursuant to K.S.A. 12-3009 through 12-3012, inclusive, as amended.

(B)   It is hereby adopted and incorporated by reference for the purpose of amending the Derby Fire Code, in the form of omissions, amendments, modifications, changes, and deletions thereto, that certain Ordinance No. 2260 of the City of Derby, Kansas, as adopted by the Derby City Council on December 8, 2015, and published on December 16, 2015, in the official city newspaper, such incorporation being authorized by K.S.A. 12-3009 through 12-3012, inclusive, as amended.

(C)   One or more copies of said code shall be marked or stamped “Official Copy,” with all deleted or amended sections or portions thereof clearly marked, and to which shall be attached a copy of this ordinance. Such copy or copies shall be open and available for public inspection at all reasonable hours in the office of the city clerk.

(3)   Adoption of Mechanical Code by reference.

(A)  It is hereby adopted and incorporated by reference for the purpose of regulating and controlling the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, and use or maintenance of all mechanical systems, appliances, and devices within the corporate limits of the City of Rose Hill, Kansas, that certain standard code known as the “Derby, Kansas Mechanical Code”, as adopted by Ordinance No. 1921 of the City of Derby, Kansas, and contained in Chapter 15.24 of the Derby Municipal Code, as amended, save and except such articles, sections, parts or portions as are hereafter omitted, deleted, modified, amended, or changed; provided, that all references therein to the City of Derby shall be deemed amended to refer to the City of Rose Hill, said code being adopted and incorporated as fully as if set out herein at length, such incorporation by reference being authorized pursuant to K.S.A. 12-3009 through 12-3012, inclusive, as amended.

(B)   It is hereby adopted and incorporated by reference for the purpose of amending the Derby, Kansas Mechanical Code, in the form of omissions, amendments, modifications, changes, and deletions thereto, that certain Ordinance No. 1921 of the City of Derby, Kansas, as adopted by the Derby City Council on February 12, 2008, and published on February 20, 2008, in the official city newspaper, such incorporation being authorized by K.S.A. 12-3009 through 12-3012, inclusive, as amended.

(C)   One or more copies of said code shall be marked or stamped “Official Copy,” with all deleted or amended sections or portions thereof clearly marked, and to which shall be attached a copy of this ordinance. Such copy or copies shall be open and available for public inspection at all reasonable hours in the office of the city clerk.

(4)   Adoption of Plumbing Code by reference.

(A)  It is hereby adopted and incorporated by reference for the purpose of regulating and controlling the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, and use or maintenance of all plumbing systems within the corporate limits of the City of Rose Hill, Kansas, that certain standard code known as the Derby, Kansas Plumbing Code, as adopted by Ordinance No. 1920 of the City of Derby, Kansas, and contained in Chapter 15.16 of the Derby Municipal Code, as amended, save and except such articles, sections, parts or portions as are hereafter omitted, deleted, modified, amended, or changed; provided, that all references therein to the City of Derby shall be deemed amended to refer to the City of Rose Hill, said code being adopted and incorporated as fully as if set out herein at length, such incorporation by reference being authorized pursuant to K.S.A. 12-3009 through 12-3012, inclusive, as amended.

(B)   It is hereby adopted and incorporated by reference for the purpose of amending the Derby, Kansas Plumbing Code, in the form of omissions, amendments, modifications, changes, and deletions thereto, that certain Ordinance No. 1920 of the City of Derby, Kansas, as adopted by the Derby City Council on February 12, 2008, and published on February 20, 2008, in the official city newspaper, such incorporation being authorized by K.S.A. 12-3009 through 12-3012, inclusive, as amended.

(C)   One or more copies of said code shall be marked or stamped “Official Copy” with all deleted or amended sections or portions thereof clearly marked, and to which shall be attached a copy of this ordinance. Such copy or copies shall be open and available for public inspection at all reasonable hours in the office of the city clerk.

(5)   Residential Code.

(A)  Adoption of Residential Code by reference.

(i)    It is hereby adopted and incorporated by reference for the purpose of regulating and controlling the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, and use or maintenance of certain residential structures within the corporate limits of the City of Rose Hill, Kansas, that certain standard code known as the “Derby Residential Code”, as adopted by Ordinance No. 2259 of the City of Derby, Kansas, and contained in Chapter 15.44 of the Derby Municipal Code, as amended, save and except such articles, sections, parts or portions as are hereafter omitted, deleted, modified, amended, or changed; provided, that all references therein to the City of Derby shall be deemed amended to refer to the City of Rose Hill, said code being adopted and incorporated as fully as if set out herein at length, such incorporation by reference being authorized pursuant to K.S.A. 12-3009 through 12-3012, inclusive, as amended.

(ii)   It is hereby adopted and incorporated by reference for the purpose of amending the Derby Residential Code, in the form of omissions, amendments, modifications, changes, and deletions thereto, that certain Ordinance No. 2259 of the City of Derby, Kansas, as adopted by the Derby City Council on December 8, 2015, and published on December 16, 2015, in the official city newspaper, such incorporation being authorized by K.S.A. 12-3009 through 12-3012, inclusive, as amended.

(iii)  One or more copies of said code shall be marked or stamped “Official Copy; with all deleted or amended sections or portions thereof clearly marked, and to which shall be attached a copy of this ordinance. Such copy or copies shall be open and available for public inspection at all reasonable hours in the office of the city clerk.

(B)   Adoption of Wichita Foundation, Basement and Slab-on-Grade Standards for One and Two Family Dwellings.

        The model code titled Wichita Foundation, Basement and Slab-on-Grade Standards for One and Two Family Dwellings (August 30, 2011) is hereby incorporated herein and adopted by reference with this ordinance of the City of Rose Hill, Kansas, except as specific provisions thereof are hereby amended or repealed; provided, that all references therein to the City of Wichita shall be deemed amended to refer to the City of Rose Hill. One or more copies of said model code shall be marked or stamped “Official Copy,’’ with all deleted or amended sections or portions thereof clearly marked, and to which shall be attached a copy of this ordinance. Such copy or copies shall be filed with the City Clerk and shall be open and available for public inspection at all reasonable hours.

(C)   Adoption of City of Wichita Standard for Residential Wood Framed Decks.

        The City of Wichita Standard for Residential Wood Framed Decks (the “Wichita Standard”), dated November I, 20 I 0, inclusive of the Prescriptive Residential Wood Deck Construction Guide (AWC DCA6-09) incorporated therein by reference and such amendments to AWC DCA6-09 as are incorporated in the Wichita Standard, is hereby incorporated herein and adopted by reference with this ordinance of the City of Rose Hill, Kansas, except as specific provisions thereof are hereby amended or repealed; provided, that all references therein to the City of Wichita shall be deemed amended to refer to the City of Rose Hill. One or more copies of the Wichita Standard shall be marked or stamped “Official Copy,” with all deleted or amended sections or portions thereof clearly marked, and to which shall be attached a copy of this ordinance. Such copy or copies shall be filed with the City Clerk and shall be open and available for public inspection at all reasonable hours.

(D)  Amendments to the City of Wichita Standard for Residential Wood Framed Decks.

        The City of Wichita Standard for Residential Wood Framed Decks, adopted by reference in Section 4-101(b)(5)(C) of this Code, is hereby amended as hereinafter set forth.

        Figure 12 on page 4 of the City of Wichita Standard for Residential Wood Framed Decks is replaced with Figure 12 below:

(6)   Adoption of Fuel Gas Code by reference.

(A)  It is hereby adopted and incorporated by reference for the purpose of regulating and controlling the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, and use or maintenance of all fuel gas systems and gas-fired appliances within the corporate limits of the City of Rose Hill, Kansas, that certain standard code known as the “Derby, Kansas Fuel Gas Code”, as adopted by Ordinance No. 1922 of the City of Derby, Kansas, and contained in Chapter 15.48 of the Derby Municipal Code, as amended, save and except such articles, sections, parts or portions as are hereafter omitted, deleted, modified, amended, or changed; provided, that all references therein to the City of Derby shall be deemed amended to refer to the City of Rose Hill, said code being adopted and incorporated as fully as if set out herein at length, such incorporation by reference being authorized pursuant to K.S.A. 12-3009 through 12-3012, inclusive, as amended.

(B)   It is hereby adopted and incorporated by reference for the purpose of amending the Derby, Kansas Fuel Gas Code, in the form of omissions, amendments, modifications, changes, and deletions thereto, that certain Ordinance No. 1922 of the City of Derby, Kansas, as adopted by the Derby City Council on February 12, 2008, and published on February 20, 2008, in the official city newspaper, such incorporation being authorized by K.S.A. 12-3009 through 12-30 12, inclusive, as amended.

(C)   One or more copies of said code shall be marked or stamped “Official Copy,” with all deleted or amended sections or portions thereof clearly marked, and to which shall be attached a copy of this ordinance. Such copy or copies shall be open and available for public inspection at all reasonable hours in the office of the city clerk.

(7)   International Energy Conservation Code (2000 Edition) as published by the International Code Council, Inc.

(8)   International Property Maintenance Code (2000 Edition) as published by the International Code Council, Inc.

(9)   Uniform Administrative Code (1997 Edition) as published by the International Conference of Buildings Officials.

(10) Adoption of Electrical Code by reference.

(A)  It is hereby adopted and incorporated by reference for the purpose of regulating and controlling the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, and use or maintenance of all electric wiring, appliances, or devices for light, heat or power within the corporate limits of the City of Rose Hill, Kansas, that certain standard code known as the “Derby Electrical Code”, as adopted by Ordinance No. 1923 of the City of Derby, Kansas, and contained in Chapter 15.20 of the Derby Municipal Code, as amended, save and except such articles, sections, parts or portions as are hereafter omitted, deleted, modified, amended, or changed; provided, that all references therein to the City of Derby shall be deemed amended to refer to the City of Rose Hill, said code being adopted and incorporated as fully as if set out herein at length, such incorporation by reference being authorized pursuant to K.S.A. 12-3009 through 12-3012, inclusive, as amended.

(B)   It is hereby adopted and incorporated by reference for the purpose of amending the Derby Electrical Code, in the form of omissions, amendments, modifications, changes, and deletions thereto, that certain Ordinance No. 1923 of the City of Derby, Kansas, as adopted by the Derby City Council on February 12, 2008, and published on February 20, 2008, in the official city newspaper, such incorporation being authorized by K.S.A. 12-3009 through 12-3012, inclusive, as amended.

(C)   One or more copies of said code shall be marked or stamped “Official Copy,” with all deleted or amended sections or portions thereof clearly marked, and to which shall be attached a copy of this ordinance. Such copy or copies shall be open and available for public inspection at all reasonable hours in the office of the city clerk.

(Ord. 447, Sec. 2; Ord. 455, Sec. 2; Code 2003; Ord. 582; Ord. 639; Ord. 640; Ord. 641; Ord. 642; Ord. 643; Ord. 644; Ord. 645; Code 2017)

A contractor, within the meaning of this chapter, is any person who undertakes, with or for another, to build, construct, alter, repair, add to, wreck or move any building or structure, or any portion hereof, within the city, for which a permit is required for a fixed price, fee, percentage or other compensation other than wages; or who advertises or otherwise represents to the public to have the capacity or ability to undertake to build, construct, alter, repair, add to, wreck, move any building or structure or any portion thereof, or who builds, constructs, alters, adds to, wrecks or moves any building or structure either on his own or other property for purposes of speculation, or for his own use; or who arranges a contract between the owner of property, or the lessee, agent or employee of such owner, and a contractor for such contractor to build, construct, alter, repair, add to, wreck or move any building or structure, or any portion thereof, within the city, for which a permit is required under this article and who receives compensation other than wages for arranging such a contract from either such owner, or his lessee, agent or employee, or from such contractor.

(Ord. 480; Ord. 582; Code 2017)

A contractor shall be responsible for all work included in his contract, whether or not such work is done by him directly or by subcontractors. He shall be responsible for all funds or property received by him for prosecution of a specific contract or for a specific purpose.

(Ord. 582; Code 2017)

No building permit shall be issued to any contractor who has not first obtained a license or who is delinquent in payment of his annual license fee, or whose license has been suspended or revoked by action of the city council. All contractor’s license fees and building permit fees shall be established by resolution of the Governing Body. It is further unlawful for any person to enter into a contract with another so as to bring himself under the classification of a contractor as defined in section 4-102, or to perform any work as a contractor, or any work under a contract, without first having obtained a contractor’s license. It is unlawful for any person issued a license as required by this section to contract for any work other than specified by such license, without first being approved for such other work by the Building Official. The Building Official is hereby authorized to give examinations to determine the qualifications of applicants. A minimum examination score of seventy-five percent is required to obtain a license. The building official can accept applicants from other jurisdictions without a separate test provided: they have passed the appropriate international Conference of Building Officials, the Block & Associates, Thompson Prometric, International Code Council or other nationally recognized examination covering the International Building Codes with a minimum score of seventy-five percent. Such applicants shall provide proof of test scores from the jurisdiction where the examination was taken.

(Ord. 480; Ord. 582; Code 2017)

Every contractor licensed under this Article shall procure and maintain a policy of General liability insurance covering the activities of the contractor while engaged in contracting hereunder. Such insurance policy shall be written with an insurance company licensed to do business in the state and shall have minimum limits of coverage of five hundred thousand dollars ($500,000) per occurrence. In addition, every such contractor shall procure and maintain workers’ compensation insurance as required by law and automobile liability insurance as required by law. Every contractor licensed under this Article shall, prior to the issuance of a license, file with the building inspection office certificates of insurance evidencing the insurance coverage specified herein. All such certificates shall indicate that the city shall be named as an additional insured and shall be giving at least thirty days advance written notice of any cancellation or material change in coverage of such insurance. Failure of a contractor to either procure or maintain such insurance shall be a violation of law punishable as a general misdemeanor and shall be grounds for suspension or revocation of the contractor’s license.

(Ord. 480; Ord. 582; Code 2017)

Any person, firm or corporation required by this Article to obtain a contractor’s license shall be subject to the following:

(a)   It is unlawful for any such person, firm or corporation to advertise as a contractor unless, at the time such advertisement occurs, such person, firm or corporation has a then valid contractor’s license issued under the provisions of this Article.

(b)   Any advertisement by such person, firm or corporation as a contractor which is placed or published in any publication or other print medium circulated, displayed or distributed within the city limits or which is broadcast by radio or television or any other means to persons within the city limits shall include the full name of the licensed person, firm or corporation and the license number assigned by the Building Official and appeals to such person, firm or corporation;

(c)   As used herein, the words “advertise” or “advertisement” shall mean and include but not limited to, a business card, contract bid proposal form, printed letterhead, any other printed or written material designed to inform persons of the services offered by the advertising person, firm or corporation and to solicit business form such persons, or any broadcast statement designed to inform persons of the services offered by the advertising person, firm or corporation and to solicit business from such persons. Such words are intended to include telephone directory display ads but not basic white and yellow page listings.

(Ord. 480; Ord. 582; Code 2017)

The building official may, upon his own motion, and shall upon the verified complaint in writing of any person, require any contractor to appear before the city council for hearing upon ten days’ notice in writing, and mailed to his last known post office address, and the city council shall have the power to place on probation for a specified time period, temporarily suspend or permanently revoke the license if the holder thereof is found guilty of or commits any one or more of the following acts or omissions:

(a)   Abandonment of any contract without legal causes;

(b)   Diversion of funds or property received for performance or completion of a specific contract, or for a specified purpose in the performance or completion of any contract, and their application or use for any other contract, obligation or purpose, or the failure, neglect or refusal to use such funds or property for the performance or completion of such contract;

(c)   Fraudulent departure from or disregard of plans or specifications in any material respect, without consent of the owner or his duly authorized representative;

(d)   Willful and deliberate disregard and violation of the provisions of this title or any other ordinance of the city, or failure to comply with any lawful order of the building official;

(e)   Failure to keep records showing all receipts and disbursements of the licensee in all of his transactions as a contractor as the term is defined in this chapter, and to produce the same for examination by the city council when so required;

(f)    Misrepresentations of a material fact by application in obtaining a license or permit;

(g)   The doing of any fraudulent act by the licensee as a contractor in consequence of which another is substantially injured;

(h)   Fraudulent use of license to obtain building permits for another;

(i)    Carelessness or negligence in providing reasonable safety measures for the protection of workmen and the public;

(j)    Failure to obtain permits as required in section 4-104;

(k)   Failure by a corporation to have an active member or officer who has been approved by the building official as a qualified person as required by section 4-101.

(Ord. 582; Code 2017)

(a)   Subcontractors working for and under the supervision of a general contractor;

(b)   An owner remodeling or repairing a single-family dwelling for his own personal use and occupancy for at least one full year after completion of work.

(c)   An owner constructing a single-family dwelling for his own personal use and occupancy, provided that only one building permit is issued within a three year period to any one individual;

(d)   Specialty contractors installing microwave dishes, antennas, poles, towers, tanks and similar structures;

(e)   A building owner or agent may install awnings on such buildings provided that a permit is obtained from the City Inspection Department prior to the installation.

(Ord. 582; Code 2017)

(a)   Single family dwellings:

(1)   A minimum total finished floor area of 800 sq. ft. for any single-story dwelling.

(2)   A minimum total finished floor area of 1,000 sq. ft. for any two-story, bi-level, tri-level, or quad-level dwelling.

(b)   Duplex dwellings:

(1)   A minimum total finished floor area of 650 sq. ft. for any one bedroom duplex.

(2)   A minimum total finished floor area of 800 sq. ft. for any two bedroom duplex.

(3)   For duplexes with more than two bedrooms, an additional 400 sq. ft. of finished floor area for each additional bedroom shall be required.

(c)   Requirements for Residential Garages:

(1)   Single and Duplex Family Dwellings: A two-car garage with a minimum floor area of 400 sq. ft. for garage use only shall be required.

(Ord. 603; Code 2017)

Any person who shall within the city engage in or work in violation of any provision of this article is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than five hundred dollar, or be imprisoned for not more than thirty days, or both fine and imprisonment. Each and every day during which any violation of any provision of this article is committed, continued or permitted is a separate violation.

(Ord. 582; Code 2017)