Chapter 4 · Buildings and Construction

Article 1. Building Code and Residential Code

Sections 4-101 to 4-112 · 12 sections

4-101 International building code incorporated.

(a)A certain document, at least one copy of which is on file in the office of the city clerk, being marked and designated as the International Building Code, 2012 edition, including Appendix Chapter C (see International Building Code Section 101.2.1, 2012 edition), as published by the International Code Council, be and is hereby adopted as the building code of the City of St. John, 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 of St. John, Kansas are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in this article.

(b)The following sections are hereby revised:

Section 101.1. Insert: The City of St. John for [Name of Jurisdiction]

Section 1612.3. Insert: The City of St. John for [Name of Jurisdiction]

Section 1612.3. Insert: _________ for [Date of Issuance of FEMA’s Flood Insurance Study]

Section 3412.2. Insert: ________ [Grandfathering date for modifications to existing structures. Please see relevant section of building code.]

(Code 1991; Code 2015)

4-102 Residential building code incorporated.

(a)A certain document, at least one copy of which is on file in the office of the city clerk, being marked and designated as the International Residential Code, 2012 edition, including Appendix Chapters A, B and C, as published by the International Code Council, be and is hereby adopted as the Residential Code of the City of St. John in the State of Kansas for regulating and governing 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 therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said residential code on file in the office of the City Clerk of the City of St. John 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 this article.

(b)The following sections are hereby revised:

Section R101.1. Insert: City of St. John for [Name of Jurisdiction]

Table R301.2(1). Insert:

GROUND SNOW LOAD	WIND DESIGN		SEISMIC DESIGN CATEGORY f	SUBJECT TO DAMAGE FROM
	Speed d (mph)	Topographic effects k		Weathering a	Frost line depth b	Termite c
20 psi	90	No	A	Severe	30”	Yes

WINTER DESIGN TEMP e	ICE BARRIER UNDERLAYMENT REQUIRED h	FLOOD HAZARDS g	AIR FREEZING INDEX i	MEAN ANNUAL TEMP j
5	No	?	800	55.9

Section P2603.5.1. Insert: 24 inches for [number].

Section R313. Delete in its entirety [Relates to automatic fire sprinkler systems. See K.S.A. 12-16,219.]

(Code 1999; Code 2015)

4-103 Definitions.

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

(a)“Municipality” shall be held to mean the City of St. John, Kansas;

(b)“Corporation counsel” shall be held to mean the city attorney of the City of St. John;

(c)“Building official” shall be held to mean the building inspector or his or her authorized designee.

(d)“General contractor” shall mean any person who contracts to perform work or service at a certain price or rate. The work of a contractor consists of but is not limited to building construction, remodeling or wrecking of any building or structure, or any portion thereof, concrete work, roofing, siding, erection or construction of pools and fences, within the city for which a permit is required. This also includes all electricians, plumbers, gas fitters, and carpenters. The definition pertains only to those persons, firms, or corporations which are in the business of construction and does not refer to individuals working under the supervision of the property owner.

(Ord. 890; Code 1991, 4-101; Code 2015)

4-104 Contractor license required.

It shall be unlawful for a general contractor to engage in or work at the business of construction without first obtaining the proper license from the city. Nothing herein contained shall prohibit any bonafide property owner from performing the above mentioned work on his or her own property. Personal construction by an owner under these property owners’ rights shall be for the owner and under the owner’s supervision.

(Ord. 890)

4-105 Contractor’s liability insurance.

The contractor will purchase and maintain such insurance as will protect him or her from claims under worker’s compensation laws, disability benefit laws or other similar employee benefit laws, pursuant to Kansas Law. Any valid exemption recognized by the State of Kansas shall apply under this section. In addition the contractor shall have insurance coverage to protect against claims insured by usual personal injury liability coverage; from claims for damages because of bodily injury, sickness or disease “Or death of any person other than his or her employees; from claims for injury to or destruction of property, including loss of use resulting therefrom - any or all of which may arise out of or result from the contractors operations, whether such operations be by himself or by any subcontractor or any one directly or indirectly employed by any of them or for whose acts any of them may be legally liable. This insurance shall be written for not less than:

Contractor’s License

$100,000 personal injury

$50,000 property damage

Workmen’s Compensation

As required by law of the State of Kansas.

Before starting work the contractor will file with the city certificates of such insurance, acceptable to the city; these certificates shall contain a provision that the coverage afforded under the policies shall not be canceled or materially changed until at least 15 days prior written notice has been given to the city.

(Ord. 890)

4-106 License fees.

The annual fee for a general contractor shall be $10. All licenses shall be dated as of the date of their issuance and shall expire on December 31st of the year in which the license is issued. No contractor shall be granted a permit or allowed to do any work under any permit until he or she has obtained or renewed his or her license for the current year.

(Ord. 890)

4-107 Duty to show license.

It shall be the duty of every person doing work as a general contractor in this city to show his or her license, to any person designated by the city superintendent or regular police officer who shall ask to see the same.

(Ord. 890)

4-108 Application.

Any person desiring to do work as a general contractor must first file with the city an application for license. A written application for a license shall contain the following information:

(a)The name, business address and telephone number of the applicant

(b)A complete and accurate description of the work to be completed under the license.

(c)A statement that the applicant is familiar with and will follow the building codes adopted by the city and shall be filed in the office of the city clerk along with the license fee.

(Ord. 890)

4-109 Issuance.

Upon the approval of the application and the filing by the applicant of sufficient proof of insurance coverage as required in this article and meeting the requirements of this article in the office of city clerk, the city clerk shall issue to the applicant a license permitting the licensee to perform work in the city the specific type and extent of work set forth in the license. The performance by the licensee of work not specified in the license shall be a violation of this article for which the license may be revoked and/or other penalties provided in this article imposed.

(Ord. 890)

4-110 License suspension; revocation; unlawful acts; penalties.

(a)The license of any general contractor may be temporarily suspended for a period of 30 days by the city superintendent upon his or her own motion or upon complaint from a police officer or other person designated by the city superintendent. Notice shall be given in writing to such contractor giving reasonable notice of a time of hearing before the municipal court of the complaint, on the matter alleged against the contractor involving any one or more of the following:

(1)Misrepresentation of a material fact by applicant in obtaining the 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 public safety.

(4)Performance of any building or construction work without permit

(5)Willful disregard of a violation of the building and construction ordinance or national code approved by the city or failure to comply with any lawful order of the city superintendent

(b)The decision of the municipal court can be appealed to the city council at large within 30 days from the final order revoking the license.

(c)The contractor shall not be eligible for a renewal license for six months following revocation.

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

(e)In addition to the provisions of the foregoing section, any person, firm or corporation violating any provision of this article shall upon conviction be fined not to exceed $100 per day and each day violation shall constitute a separate offense.

(Ord. 890)

4-111 Reciprocation.

Any person who holds a certificate indicating that they have successfully met the licensing requirements of a city with population greater than or equal to the city shall be entitled to a certificate of general contractor upon approval of application, insurance certificate, and payment of application fee.

(Ord. 890)

4-112 Exemption.

This article shall not apply to utility companies who are otherwise franchised by the city or the Kansas Corporation Commission. The article shall also not apply to employees of any governmental entity located within the city limits or its employees.

(Ord. 890)