CHAPTER IV. BUILDINGS AND CONSTRUCTIONCHAPTER IV. BUILDINGS AND CONSTRUCTION\ARTICLE 2. BUILDING CODE

There is hereby adopted and incorporated by reference, for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, the International Building Code, 2006 Edition, as published by the International Code Council, such code being made as a part of the ordinances and code of the city as if the same had been set out in full herein, all as authorized and in the manner prescribed by K.S.A. 12-3009 through 12-3012 including any amendments thereto. No fewer than three copies of the International Building Code, 2006 Edition, shall be marked or stamped “Official Copy as Incorporated by the Code of the City of Deerfield,” and shall be filed with the city clerk to be open to inspection and available to the public at all reasonable hours of business.

(Code 2008)

Definitions of terms as used in this article shall be as follows:

(a)   Municipality as used in this code, shall mean the city;

(b)   Corporation Counsel as used in this code, shall mean the attorney for the city;

(c)   Building Official as used in this code, shall mean the building inspector of the city;

(d)   Builder or Building Contractor - Any person who: (1) undertakes with or for another to build, construct, alter, add to, or repair any building, structure or portion thereof within the city for a fixed fee, price, percentage or compensation or; (2) advertises or otherwise represents to the public as having the capacity or ability to undertake to build, construct, alter, add to, or repair any building, structure, or portion thereof or; (3) builds, constructs, alters, adds to or repairs any building, structure or portion thereof, either on the builder's or building contractor's own or other property, for the purpose of speculation.

(Code 2008)

The following exceptions are made to the building code adopted and incorporated by reference in this article:

(a)   Unattached Accessory Buildings.  Type IV or V, Group M occupancy of the 120 sq. ft. or less or less do not require foundation or concrete floor. 

(b)   Unattached Accessory Building.  Type IV or V, Group M occupancy exceeding 120 sq. ft.  but not exceeding 180 sq. ft. will require a minimum 4” concrete slab with 6 X 6 10/10 mesh.

(c)   Unattached Accessory Building,  greater than 180 sq. ft. in area, Type IV or V, Group M occupancy, wood frame only, monolithic pour, may have a foundation consisting of the following:

(1)   6” x 32” trench in hardpan soil.

(2)   One ½” rebar horizontally located in center of trench with ½” rebar uprights located 48”o.c. being bent over into floor a minimum of 24”

(3)   Where interior of trench meets 4” floor the fill shall be removed to provide an increased thickness not less than 6” below bottom of floor and not less than 6” from interior wall of trench producing a 45 degree angle.

(4)   6 X 6 10/10 mesh required in floor to be tied to rebar.

(5)   Maximum rafter span shall not exceed 24”

(d)   Unattached Accessory Buildings, greater than 180 sq. ft. in area, Type IV or V, Group M occupancy, wood frame only, stem wall and floor poured separately, may have a foundation consist of the following:

(1)   8” X 32” trench in hardpan soil, with bottom of trench flared, 8” high and 3” wide on each side of trench;

(2)   One ½” rebar horizontal and continuously 24” on center located in center of trench with ½” rebar uprights  located 48” on center;

(3)   6 X 6 10 /10 mesh required in floor.

(Code 2008)

There is hereby created the office of building inspector of the city who shall be the Kearny County Zoning Administrator and shall serve as the Deerfield city inspector.

(Code 2008)

It shall be the duty of the building inspector to:

(a)   Receive applications required by the building code, issue permits and furnish prescribed certificates;

(b)   Examine the premises for which permits have been issued and make necessary inspections to see that the provisions of law are complied with and that construction is prosecuted safely;

(c)   Enforce all provisions of the building code;

(d)   Make investigations in connection with matters referred to in the building code and render written reports on the same; and

(e)   Issue such notices or orders as may be necessary in order to enforce compliance with law, to remove illegal or unsafe conditions, to secure the necessary safeguards during construction or to require adequate exit facilities in buildings and structures.

Inspections required under the provisions of the building code shall be made by the building inspector or his or her duly appointed assistant. The building inspector may accept reports of inspectors of recognized inspection services, after investigation of their qualifications and reliability. No certificate called for by any provision of the building code shall be issued on such reports unless the same are in writing and certified to by a responsible officer of such service.

(Code 1973, 4-304; Code 2008)

(a)   All contractors desiring to perform work for or provide services to the inhabitants of the city, shall first acquire a license to perform the work or provide the services prior to the initiation of any work or the performance of any service.

(b)   Licenses required hereunder shall be approved by the building inspector prior to the initiation of any work or the performance of any services by a contractor hired or employed by a builder or building contractor.

(c)   The building inspector of the city is hereby specifically authorized and empowered to recognize, honor, acknowledge and approve any and all current contractor licenses issued by the City of Lakin, Kansas.

(d)   No building permit, required pursuant to section 4-209, hereinafter set out, shall be issued to any builder or building contractor until the provisions of this article and section have been complied with.

(Ord. 96-49, Sees. 1:2; Code 2008)

(a)   The building inspector shall keep comprehensive records of applications, of permits or certificates issued, of inspections made, of reports rendered, and of notices or orders issued.

(b)   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 2008)

(a) Whenever necessary to make an inspection of any building, structure or premises to discharge his or her official duties, the building inspector is authorized to enter such building, structure or premises at all reasonable times to inspect the same and to exercise any power or authority or to perform any duty imposed upon the public officer under this code.

(b)   The authority granted to the building inspector by subsection (a) of this section is subject to the following:

(1)   If the building, structure or premises is occupied, the building inspector shall first present proper credentials, explain the purpose for which admittance is desired and demand entry.

(2)   If such property is unoccupied, the building inspector shall first make a reasonable effort to locate the owner or other person having charge or control of the property, present proper credentials, explain the purpose for which admittance is desired and demand entry.

(3)   If the building inspector is refused admission or cannot locate the owner or occupant, the public officer shall refrain from entering until authorized to do so by proper judicial authority.

(Code 2008)

Before beginning any building, construction, or repair work, a builder or building contractor shall apply to the building inspector and obtain a permit to do such work. All such work shall meet the building code requirements.

(Code 1973, 4-301; Code 2008)

(a)   An applicant for a building permit shall meet with the building inspector and produce drawings, blue prints, or documents proving that the proposed project will meet both the restrictions of the zoning regulations and the building code.

(b)   If the proposed project meets the requirements, the building inspector shall approve the project. If not, the applicant shall either appear before the city planning commission or modify the plans to meet the requirements.

(c)   If the project is approved, the city clerk shall issue a building permit upon receipt of the required fees from the applicant.

(Code 1973, 4-302)

The fee for the building permit required by section 4-209 shall be Twenty Dollars ($20.00). For new construction, the fee shall be eight cents (.08) per square foot at ground level. The fee for any reinspection required by the building inspector shall be Twenty Dollars ($20.00).

(Ord. 2007-5, Sec. 1)

A builder or building contractor, as defined in section 4-202 above, shall, before engaging in business, 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 damages 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 2008)

It shall be unlawful for any person, firm, company, or corporation to erect, build, place, or permit to be placed outside the property line, or any property within the city limits encroaching on any of the streets or alleys of the city any building, pump air device, or other accessory device, sign, advertisement, or other obstruction of any kind whatsoever, without having first obtained, in writing, permission from the governing body, the permission being in the form of a contract, setting forth the reason for request for such permission, and stating for what purpose, and in the case of temporary buildings, the length of time that the building obstruction, sign, or device will be in place.

(Code 1973, 4-501)