Building Code

City Code :: Article IV Buildings and Construction :: Building Code

4-201.  DEFINITIONS. As used in this article, the words and phrases herein defined
shall have the following meanings unless the context otherwise requires:
(a) Whenever the word municipality is used in the building code, it shall be
held to mean the City of Canton, Kansas;
(b) Whenever the term corporation counsel is used in the building code, it
shall be held to mean the city attorney of the City of Canton;
(c) Whenever the term building official is used in the building code, it shall
be held to mean the building inspector or his or her authorized designee
(Code 1988)
4-202.   INTERNATIONAL BUILDING CODE INCORPORATED. 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, 2003 Edition, as recommended by the International Conference of Building Officials, 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, 2003
Edition, shall be marked or stamped "Official Copy as Incorporated by the Code of the City of Canton," 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 violating any provision of such code shall be punished as provided in section 1-116 of this code.
(Code 2009)
4-203.   ADDITIONAL PROVISIONS. The following sections of this article are in addition to the provisions of the standard code incorporated by reference in section 4-202. (Code 1988)
4-204.   BUILDING OFFICIAL; POWERS; DUTIES. (a) This and other articles of the city relating generally to building and structures shall be administered and enforced by the building inspector. The mayor 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 1988)
4-205.   BUILDING INSPECTOR; APPOINTMENT. The mayor may 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 1988)
4-206.   SAME; DUTIES. 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 1988)
          4-207.   SAME; POWERS. The building inspector shall have the following powers:
          (a) To ente
r 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 1988)
4-208.   SAME; RIGHT OF ENTRY. 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 1988)
4-209.   CLARIFICATION; MODIFICATION. (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 1988)
4-210.   BUILDING PERMIT REQUIRED; APPLICATION; APPROVAL. 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 city clerk, after approval by the chief building official or his or her duly authorized assistant. The application for such permit shall
be made and the pe
rmit obtained before work is commenced upon any building or structure or the foundation thereof, or before the removal of any building begins.
(Code 1988)
        4-211.   APPLICATION INFORMATION REQUIRED. (a) A building permit shall be issued upon an application in writing to the office of City Clerk on a form or forms provided for the purpose. The applicant shall provide the following information:
        (1) The name of the legal owner of the lot or tract of ground;
(2) The legal description and street address of the building or structure;
(3) The type of 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 construct
(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) The expected date of completion, not to exceed one year from date of issuance of the permit;
(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) An application for 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 individually and not by 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 desiqnee shall issue a permit to the owner or contractor authorizing the building work covered by the application.
(d) Any building permit issued under this section shall be valid for a period not to exceed 12 months from date of issuance. In the event that the work is not able to be completed within the 12 month period, the owner must request an additional period of time for completion and extension of the building permit. The owner shall appear before the City Council prior to final approval of the chief building official or designee, unless such appearance is waived in writing by the City
(Ord. 537, Sec. 1; Code 2009)
4-212.   SAME; PLANS AND SPECIFICATIONS. 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 1988)
4-213.   SAME; FEES. The fee for a building permit shall be $15.00 per estimated
building cost up to $10,000. For all buildings for which the estimated cost is greater
than $10,000
, the fee is $1.50 per $1,000 of value. The fee herein shall be paid to
the c
ity clerk upon obtaining a building permit and the same shall be credited to the
general operating fund of the city. (Ord. 525
, Sec. 2; Code 2009)
4-214.   SAME; POSTING. 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 1988)
4-215.   CERTIFICATE OF APPROVAL. 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 shall show the number of inspections made and the orders and corrections required during the course of the work. A copy of such certificate shall be given the owner. (Code 1988)
ICE TO INSPECTOR. (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 confo