As used in this article, the words and phrases herein defined shall have the following meanings unless the context otherwise requires:

(a)   Building Official - as used in the International Building Code, means the Building Inspector of the City of Ellis, Kansas, and such assistants as may be appointed by the city council to perform any duties under the provisions of this code.

(b)   Corporate Counsel - as used in the Building Code, means the City Attorney of the City of Ellis, Kansas;

(c)   Governing Body - as used in the Building Code means the City Council of the City of Ellis, Kansas.

(d)   Municipality - as used in the Building Code, means the City of Ellis, Kansas.

(Ord. 1206, Sec. 1; Code 2005)

(a)   There is hereby adopted by the city, for the purpose of establishing rules and regulations for the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of buildings or structures in the City of Ellis, Kansas, that certain standard building codes known as the International Building Code (except Chapter 13), International Residential Code (except Chapters 12 through 14 AND 16 through 33), and International Existing Building Code in its entirety, all 2015 Editions, of which copies have been and are now filed with the City, as provided by law, and the same are adopted by reference and incorporated as a part of this chapter as if set out at length in this chapter, and the provisions of such Building Code shall be controlling for the purpose of this chapter within the corporate limits of the city. Any person violating any provision of such code shall be punished as provided in section 1-116 of this code.

(b)   Amendments. 2015 International Residential Code (IRC)

(1)   R105.2 Work exempt for a permit.

(A)  Section R105.2 (1), on page 3, to read as follows: “One-story detached accessory structures, provided that the floor area does not exceed 120 square feet.”

(B)  Section R105.2 (5), on page 3, to read as follows: “Sidewalks and driveways not in the public right of way”.

(C)  Section R105.2 (2), on page 3, to read as follows: “Decks not exceeding 120 square feet”

(2)   Section R309.5 Fire Sprinklers, on page 62, strike this section in its entirety.

(3)   Section R310.6 Alterations or repairs of existing basements, on page 63, to read as follows: “Where alterations, improvements, or renovations requiring a permit occur in habitable spaces within existing basements, or where one or more sleeping rooms are added or created in existing basements, an egress window shall be required to be installed in accordance with Section R310.1. Installation, alteration or repairs of plumbing or mechanical systems are exempt from the requirements of this section.”

(4)   Section R313 Automatic Fire Sprinkler Systems, on page 67, strike this section in its entirety.

(5)   Section R908.3.1.1 (3), on page 426, to read as follows: “Where the existing roof has one or more applications of any type of roof covering.”

(6)   Chapter 11 Energy Efficiency, strike in its entirety, EXCEPT to require the following minimum insulation R-values:

(A)  Ceiling R-Value - 38

(B)  Wood Frame Wall R-Value-13

(C)  Mass Wall R-Value - 13

(D)  Floor R-Value - 30

(E)   Finished Basement Wall R-Value - 10

(F)   Crawl Space Wall R-Value- 10

(7)   Chapter 15 Exhaust Systems, delete in its entirety, EXCEPT Section M1507 Mechanical Ventilation.

(Ord. 1206, Sec. 2; Code 2005; Ord. 1424)

The following sections of this article are in addition to the provisions of the standard code incorporated by reference in section 4-102.

(Code 1990)

(a)   This and other articles of the city relating generally to building and structures shall be administered and enforced by the mayor. The city superintendent shall act as chief building official and may assume the responsibilities of or with the consent and approval of the governing body appoint a building inspector and such other assistants as may be advisable for the issuance of building permits and the inspection of building work.

(b)   The building inspector shall prepare such application, permit, inspection and record forms as may be required for the purposes of the article. The building inspector may make and promulgate the necessary rules and regulations to obtain conformity with this article pertaining to the making of applications for building permits, issuing of building permits and inspecting of buildings and building works.

(Code 1990)

The city superintendent shall assume the responsibilities of or appoint some qualified officer or employee of the city to be and perform the duties of building inspector as may be required, subject to the consent and approval of the governing body.

(Code 1990)

The building inspector shall have the following duties:

(a)   To enforce all regulations relating to construction, alteration, repair, removal and demolition of building and structures;

(b)   May permit, with the approval of the governing body, on the basis of duly authenticated reports from recognized sources, the use of new materials or modes of construction, not provided for in this article, and may, for the purpose of carrying out the intent of this article adopt an accepted standard of material or workmanlike practices of federal or state bureaus, national, technical organizations or fire underwriters;

(c)   To examine all buildings in the process of erection, construction, alteration or relocation in the city for the purpose of determining whether the work is in compliance with the permit given and in compliance with the regulations of the city pertaining to such work, including zoning regulations; and;

(d)   To keep comprehensive records of applications, of permits or certificates issued, of inspections made, of reports rendered, and of notices or orders issued. All such records shall be open to public inspection during stated office hours, but shall not be removed from the office of the building official without his or her written consent.

(Code 1990)

The building inspector shall have the following powers:

(a)   To enter any building or structure or premises at any reasonable hour, whether complete or in the process of erection, to perform the duties contained in this chapter;

(b)   To adopt and enforce all such prudent emergency measures as he or she may deem necessary and expedient for the public safety under the laws of the city;

(c)   May cause any work done in violation of this chapter to be discontinued until he or she shall have satisfactory evidence that the work will be done in accordance with the building regulations of the city, subject to the right of any builder or owner to appeal to the governing body.

(Code 1990)

The building inspector, or his or her agent, upon proper identification, shall have authority to enter any building, structure or premises at any reasonable hour to perform his or her duties as set out in this chapter.

(Code 1990)

(a)   The governing body shall be the final determiner of the scope and meaning of all provisions of the building code which may be unclear, ambiguous, or requiring interpretation.

(b)   The building inspector shall have power to modify any of the provisions of the building code upon application in writing by the owner or lessee or his or her authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code. In approving modifications, the building inspector shall see that the spirit of the code is observed, public safety secured and substantial justice done. The particulars of a modification when granted or allowed and the decision of the inspector thereon shall be entered upon the records of the building inspector and a signed copy shall be furnished to the applicant.

(Code 1990)

(a)   It shall be unlawful for any person to hereafter erect or cause to be erected within the city any building or structure of any kind or enlarge or add to the outside dimension thereof, or relocate any building or structure already erected or which may hereafter be erected or remodel any building or structure within the city without a building permit being first obtained therefor from the building inspector. The application for such permit shall be made and the permit obtained before work is commenced upon any building or structure or the foundation thereof, or before the removal of any building begins.

(b)   An application for a permit shall be deemed to be abandoned 180 days after the date of issuance, unless such application has been granted or the application pursued in good faith. However, the building official is authorized to grant one or more extensions of time in periods of 90 day increments for good cause shown. Such extensions shall be requested in writing and basis for the request detailed within the request. Applications for a permit and applications for extensions are subject to fees as set forth in the fee schedule of the City of Ellis.

(Code 1990; Ord. 1411)

(a)   A building permit shall be issued, in writing, upon application to the building inspector or his or her designee, on a form or forms provided for the purpose. This application shall, among other things, disclose the following:

(1)   The name of the owner of the lot or tract of ground;

(2)   The location of the building or structure;

(3)   The building work proposed;

(4)   The outside dimensions of the building by floors and dimensions of the basement (if any);

(5)   The class of occupancy;

(6)   The class of construction;

(7)   The kind of materials to be used for walls, floors, ceilings, roofs, and foundations;

(8)   The estimated cost of the work;

(9)   The date work will commence;

(10)        Expected date of completion;

(11)        Name and address of contractor or contractors doing the work;

(12)        Such other information as may be pertinent to the issuance of the required permit.

(b)   A building permit shall be signed by the owner or his or her duly authorized agent, or a building contractor licensed by the city. If the application is made by the owner or his or her agent, it shall contain the name or names of the licensed contractor or contractors doing the work described, or a building permit may be issued to the owner upon his or her application disclosing satisfactory evidence that the proposed work will be performed by the owner, himself or herself and not by a licensed contractor, and likewise subject to the final approval of the building inspector for work performed.

(c)   Upon approval of the completed application and a determination that a permit should be issued, the chief building official or his or her assistant shall issue a permit to the owner or contractor authorizing the building work covered by the permit.

(d)   Any permit issued under this section shall be valid and subsisting for a period of not more than six months from the date of issuance unless the permittee shall have commenced, within the period so limited, the building work authorized by such permit. Building work commenced for the purpose of this section shall mean the beginning of building work other than the preparation of plans or the staking out of the building location or the letting of a building contract.

(Code 1990)

Whenever an application for a building permit is made, the chief building official may, if he or she finds it necessary to determine whether building work described in the application will comply with the laws pertaining to such work, require that the applicant file a written description or drawing of the proposed building as may be prepared for the purpose. If such drawing or description is insufficient for the purposes of determining whether a permit should be issued, the building official may require the applicant to file complete architectural and engineering plans and specifications for such building, or any part thereof, as may be necessary for the inspector to determine compliance with this article. The filing of such plans and specifications and the approval thereof in connection with an application for a permit shall not in any way affect the authority of the city to deny or issue a permit, or to inspect any building work for conformity with this article.

(Code 1990)

The fee for a building permit shall be set by resolution. The fee herein shall be paid to the city clerk upon obtaining a building permit and the same shall be credited to the general operating fund of the city.

(Code 1990)

A copy of the building permit shall be kept on the premises for public inspection during the performance of the work and until the completion of the same. The building inspector may require a certified copy of the approved plans to be kept on the premises at all times from the commencement of the work to the completion thereof.

(Code 1990)

Upon the completion of any work under a building permit, the chief building official, the building inspector or his or her designee is authorized to issue a certificate of approval for the occupancy and use of the building or structure. The certificate may show the number of inspections made and the orders and corrections required during the course of the work. A copy of such certificate may be given the owner.

(Code 1990)

(a)   The contractor or builder having a permit for new construction, or additions to existing buildings, shall notify the chief building official or building inspector immediately upon the marking or laying out of the site and foundation for such work. The official or inspector shall inspect the layout for conformity with this article and with respect to lot lines, setbacks and location of the proposed buildings to determine conformity with the city zoning regulations. In case of doubt respecting the required location, the chief building official may require an official survey of the lot lines to determine conformity, at the expense of the permit holder.

(b)   Upon completion of the excavation for the building foundation and footings and the construction of the necessary forms thereof and before the foundation and footings are poured or laid, the official or inspector shall be notified as in the first case, and it shall be his or her duty to inspect all such work for conformity with laws respecting location of the building foundations and footings.

(c)   The building inspector shall during the course of all building make such other inspections as may be directed by the chief building official to be made during any successive stage of the construction or other work covered by a permit in order to secure compliance with laws pertaining thereto.

(Code 1990)

Upon the completion of any building construction work covered by this article, it shall be the duty of the person doing such work to notify the building inspector and request that it be inspected; after which such work shall be inspected promptly as hereinafter provided.

(Code 1990)

An initial inspection fee and an inspection fee for subsequent inspections required, shall be paid before any building or construction work will be approved or a certificate of approval issued. Inspection fees shall be established by resolution.

(Code 1990)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(a)   Contractor, as defined, shall not mean or include:

(1)   Any subcontractor working under the supervision or a general contractor; or,

(2)   Any plumbers, gas fitters, electricians, or other specialized occupation for which special licenses or bond are required by other city ordinances; or,

(3)   Any owner or his authorized agents or employees who constructs, remodels, repairs or improves one or two-family residences not exceeding two (2) stories in height and structures or buildings accessory thereto.

(4)   Any person performing construction work in an amount less than Two Hundred Dollars ($200.00), exclusive of labor.

(5)   Any owner or his authorized agents or employees who performs alterations or additions to a building, including, but not limited to, store fronts or facades, interior alterations or additions, fixtures, cabinet work, appliances or other equipment, provided that such alterations or additions do not create or affect the structural systems, the exiting or the life safety of the building.

(6)   Any person who performs work in keeping with the provisions of Ordinance 4-125.

(b)   General Contractor means:

(1)   Unlimited in scope, any person, firm, co-partnership, corporation, association, or any combination thereof, whether a resident or not of the city, who undertakes with or for another, for a fixed sum, price, fee, or any compensation other than wages, to build, construct, alter, repair, add to, wreck, or move any building or structure, or any portion thereof, or any sidewalk, driveway entrance or structure in the city for which a building or construction permit may now or hereafter be required by ordinance of the city;

(2)   Any person, firm, etc., who advertises or presents himself or herself to the public to have the capacity or ability to undertake, or submit a bid or offer to build, construct, alter, repair, add to or wreck, remove, restore or replace any building, structure or construction work or any portion thereof; or,

(3)   Any person, firm, etc., who builds, constructs, alters, adds to or wrecks any building structures either on his or her own or other property for the purpose of sale or speculation, except one and two-family residences and buildings or structures accessory to them and intended for his or her own personal use and permanent occupancy.

(c)   Limited Contractor means any person, firm, co-partnership, corporation, association, or any combination thereof, whether a resident or not of the city, who undertakes with or for another for a fixed sum, price, fee or any compensation other than wages, to perform a specific task limited to siding, masonry, plastering, excavation, waterproofing, foundation work, sign hanging, cement work, house wrecking or moving and minor construction. For purposes of this provision minor construction shall include:

(1)   erection or pre-engineered accessory buildings

(2)   erection of accessory buildings which do not exceed 120 square feet

(3)   non-structural improvements and repairs

(d)   Residential Contractor shall be limited to construction, remodeling, repair, or improvement of one-, two-, three- or four-family residences not exceeding two stories in height.

(e)   Roofing, Limited Contractor, means those who are qualified to install, repair and replace residential steep roof covering. Work may include fabrication and installation of sheet metal incidental to residential steep roof covering and installation of asphalt shingles, asphalt roll roofing materials, clay tile, concrete tile, slate, wood shake or shingles and other prefabricated shingle products.

(f)   Roofing, Unlimited Contractor, means those who are qualified to install, repair or replace roof covering. Work may include, but shall not be limited to, roof deck installation, roof coating, painting, or covering, including use of sheet metal and installation of the sheet metal products incidental to roofing work or other material in connection therewith, or any combination thereof, and including installation of non-structural decking and siding.

(Ord. 1203; Code 2005; Ord. 1398; Ord. 1417)

(a)   Each builder or building contractor shall before entering upon any building or construction work subject to regulation by city laws, apply to the city clerk for a builder’s or building contractor’s license and receive the same as hereinafter provided and have in his or her possession a valid license authorizing him, her or it to engage in the trade or occupation of a builder or building contractor in the city.

(b)   No permit for any building or construction work shall be issued for any such work to be performed by a builder or building contractor, as defined, who has not first obtained a license upon making a proper application and payment of the license fee as required.

(c)   It shall be unlawful for any person, firm, company, association or corporation to enter into a contract or agreement with another so as to bring himself, herself, or itself under the definition of builder or building contractor herein, or to perform any work as a builder or building contractor or any work under a contract for any work involving the construction, wrecking or moving of any building, without first having obtained a builder’s or building contractor’s license issued by the city.

(d)   The contractor shall provide to the city clerk proof of passing the ICBO/Experior Exam.

(Ord. 1235; Code 2006)

Application for a builder’s or building contractor’s license shall be made upon a form to be supplied by the city which shall disclose the name of the applicant, his or her place of business in the city (and home office if a nonresident), the kind of contracting work engaged in (as general contracting, roofing, siding, masonry, plastering, lathing, excavating, waterproofing, metal work, foundation work, sign hanging, cement work and house wrecking or moving and the like), the length of time engaged in such work and places where work has been performed within the past two years. The application shall be signed by the builder or building contractor or his or her authorized agent. The application shall be reviewed by the chief building official for his approval. Upon the chief building official’s approval and the payment of the fees hereinafter provided, the city clerk shall issue such license.

(Ord. 1167, Sec. 1)

(a)   Every Contractor, as defined above, shall pay a license fee as set by the fee schedule or resolution for the City of Ellis. Such fee shall be paid biennially for a two-year period or major fraction thereof for a license issued in an even numbered year. Any license issued during an odd numbered year shall be issued upon payment of one-half the biennial license fee.

(b)   Each such license shall be set forth the kind of contract work in which the licensee may engage. The licensee shall display his or her license at any place where he or she may be engaged in contract work or produce the same on demand of any city officer. All licenses shall be renewable biennially as in the case of an original license on or before the first day of January of the even numbered year for which issued. All licenses shall be valid for two year terms beginning January 1st and ending December 31st of every even numbered year. Not less than 12 classroom hours of trade associated continuing education approved by the City of Ellis are required every two years prior to license renewal approval. Continuing education credits in excess of 12 hours will not carry over from one license renewal period to another. Continuing education may be provided by the local governing body, a nationally recognized trade organization, community college, technical school, or technical college.

(c)   The following classes of license are established:

(1)   Building Contractor. In addition to meeting the definitions within this code, any person, firm, etc. shall certify at least five years of practical experience in the trade doing the type of work he will be required to perform, supervise, or direct. Two years satisfactory work in an accredited school and three years practical experience or a degree in architecture, construction science or construction management and two years practical experience may be accepted in lieu of the foregoing requirements. First time applicants must provide proof of having passed ICBO, Experior or Thomason Prometric Testing.

(2)   General Contractor. In addition to meeting the definitions within this code, any person, firm, etc. shall certify at least five years of practical experience in the trade doing the type of work he will be required to perform, supervise, or direct. Two years satisfactory work in an accredited school and three years practical experience may be accepted in lieu of the foregoing requirements. First time applicants must provide proof of having passed ICBO, Experior or Thomason Prometric Testing.

(3)   Limited Contractor. In addition to meeting the definitions within this code, any person, firm, etc. shall certify at least two years of practical experience in the trade doing the type of work he will be required to perform, supervise, or direct.

(4)   Residential Contractor. In addition to meeting the definitions within this code, any person, firm, etc. shall certify at least three years of practical experience in the trade doing the type of work he will be required to perform, supervise, or direct. One year of satisfactory work in an accredited school and two years practical experience or a degree in architecture, construction science or construction management and two years practical experience may be accepted in lieu of the foregoing requirements. First time applicants must provide proof of having passed ICBO, Experior or Thomason Prometric Testing.

(5)   Roofing, Limited Contractor. In addition to meeting the definitions within this code, any person, firm, etc. shall certify at least two years of practical experience in the trade doing the type of work he will be required to perform, supervise, or direct. Applicants must present proof of certification or registration with the appropriate state agency.

(6)   Roofing, Unlimited Contractor. In addition to meeting the definitions within this code, any person, firm, etc. shall certify at least three years of practical experience in the trade doing the type of work he will be required to perform, supervise, or direct. First time applicants must provide proof of having passed ICBO, Experior or Thomason Prometric Testing.

(d)   It shall be unlawful for any person, firm or corporation to contract for any kind of work covered by this article without having a valid license issued by the city to perform such contracts.

(Ord. 1289; Code 2009; Ord. 1398; Ord. 1417)

A builder or building contractor shall procure and maintain a liability insurance policy in the amount of $100,000 for the death or injury of any one person and $300,000 for the death or injury of any number of persons in any one accident and $50,000 for property damage in any one accident. Such policies of insurance shall be issued by some insurance company authorized to do business in the State of Kansas. A builder or building contractor may qualify as to the insurance requirements by filing a certificate with the city clerk executed by the resident agent of such company stating that the required policy of insurance has been issued by such company for the purpose required by this article and that such insurer will not cancel the policy except upon giving 30 days notice in writing to the city; and that the certificate shall be filed for an annual period beginning January 1 and ending December 31 of such year.

(Code 1990)

(a)   The license of any builder or building contractor may be suspended temporarily, for a period of not to exceed 30 days at any one time, by the chief building official upon his or her own motion or upon a complaint of the city building inspector. Notice shall be given in writing to such builder or building contractor giving reasonable notice of a time of hearing of the complaint or the matter alleged against such builder or building contractor involving any one or more of the following:

(1)   Misrepresentation of a material fact by applicant in obtaining a license;

(2)   Use of license to obtain a building permit for another;

(3)   Failure or neglect to observe conditions of permit authorizing encumbering of streets or sidewalks for safety of public;

(4)   Performance of any building or construction work without a permit where one is required by law; or

(5)   Willful disregard of any violation of the building and construction laws, or failure to comply with any lawful order of the city building inspector.

(b)   Any licensee may within 15 days appeal in writing to the governing body from any order of the chief building official suspending his or her license for its final decision thereon. The governing body may upon such hearing terminate such suspension within not more than 30 days thereafter, or may revoke such license. If any license shall be revoked, the builder or building contractor shall not be eligible for a new license during a period of six months thereafter. No fee shall be refunded in event of the suspension or revocation of any contractor’s license.

(c)   It shall be unlawful to engage in the occupation or trade of builder or building contractor during the time any license of such builder or building contractor has been suspended or revoked.

(d)   Any person, firm, corporation or agent, who shall violate a provision of this code (International Building Code), or fail to comply with it, or with any of the requirements of it, or who shall erect, construct, alter, demolish, or move any structure, or has erected, constructed, altered, repaired, moved, or demolished a building or structure in violation of any of the provisions of this code, shall be guilty of a misdemeanor. Each such person shall be deemed guilty of a separate offense for each and every day or portion of a day during which a violation of any of the provisions of this code is committed, or continued and upon conviction of any violation such person shall be punished by a fine not exceeding one hundred dollars ($100.00), or by imprisonment for a period not exceeding thirty (30) days, or both such fine and imprisonment, at the discretion of the court.

(Ord. 1206, Sec. 3; Code 2005)

(a)   Nothing herein contained shall prohibit any property owner from personally performing any building or construction work within and upon his or her own residence and intended for his or her personal use and permanent occupancy; provided, the owner shall satisfy the building inspector as to his or her ability to perform such work, secure a permit, pay required fees, do work in accordance with this article, and apply for an inspection and receive a certificate of approval. Personal building or construction performed by an owner under this section shall be by himself, herself, for himself or herself on his or her own residence, without compensation and no person shall be employed to assist him or her in any way on such work except a builder or building contractor licensed by the city.

(b)   Nothing herein contained shall prohibit any property owner from personally performing any building or construction work within and upon property owned in full or in part, including rental properties or those intended for resale; provided, the owner shall, prior to being any work on the prope1ty satisfy the building inspector as to his or her ability to perform such work, secure a permit, pay required fees, do work in accordance with this a1ticle, and apply for an inspection and receive a certificate of approval. All work performed by owner on a property intended for resale or rental must be inspected by the building inspector, including work in which a permit would not normally be required. Personal building or construction performed by an owner under this section shall be by himself, herself, without compensation and no person shall be employed to assist him or her in any way on such work except a builder or building contractor licensed by the city.

(Code 1990; Ord. 1382)

This article shall not be construed to relieve from any liability or lessen the liability of any person performing any activity connected herewith, nor shall the city be held as assuming any liability by reason of any inspection authorized herein, by reason of any certificate of inspection issued by it or by reason of any permit or license granted herein.

(Code 1990)

If any section of the Uniform Building Code or of this article shall be held unconstitutional or otherwise invalid by any court of competent jurisdiction, then such section shall be considered separate and apart from the remaining sections, the section to be completely severable from the remaining provisions which shall continue in full force and effect.

(Code 1990)