(a)   Title. These provisions shall be known as the Residential Code for One- and Two- Family Dwellings of the City of Paola and the Community Growth Area and shall be cited as such and will be referred to herein as “this code”.

(b)   Scope. The provisions of the City of Paola and the Community Growth Area Building Code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures.

(c)   Intent. The purpose of this code is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to firefighters and emergency responders during emergency operations.

(d)   Jurisdiction. Article 1 shall apply to the City of Paola and the Community Growth Area that specifically incorporates Article 1 pursuant to Kansas Law.

(e)   Administration And Enforcement. The provisions contained in Articles I and II shall apply for the purpose of the issuing, suspension and revocation of permits; the collection of fees; the making of inspections; the execution of plan reviews; the enforcement of this Article and the model codes incorporated herein and the fixing of penalties for violations thereof.

(f)   Amendments And Additions. Articles 1 and 2 may be supplemented or its provisions may be amended by ordinance duly adopted by the City of Paola and any such amendments or additions shall be incorporated within and codified as a part of Articles 1 and 2.

(g)   Severability. It is hereby declared the intention of the City of Paola that the Sections, paragraphs, sentences, clauses and phrases of Articles 1 and 2 are to be severable and should any Section or provision of these regulations be declared unconstitutional or otherwise ruled to be invalid by any court of competent jurisdiction in a valid judgment or decree, then such decision or ruling shall not affect the validity of the regulations as a whole or any part of them other than the specific part declared to be unconstitutional or ruled to be invalid.

(Prior Code §500.010; Ord. 3102; Ord. 3104; Code 2021)

(a)   General. Where, in any specific case, different Sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.

(b)   Other Laws. The provisions of this code shall not be deemed to nullify any provisions of local, State or Federal law.

(c)   Application Of References. References to Title or Section numbers or to provisions not specifically identified by number shall be construed to refer to such Title, Section or provision of this code.

(d)   Referenced Codes And Standards. The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply.

(e)   Existing Structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the International Existing Building Code or the International Fire Code or as is deemed necessary by the Code Official for the general safety and welfare of the occupants and the public.

(f)   Existing Equipment. Plumbing, electrical, mechanical or fuel gas systems lawfully in existence at the time of the adoption of this code shall be permitted to have their use and maintenance continued if the use, maintenance or repair is in accordance with the original design and no hazard to life, heath or property is created by such system.

(g)   Maintenance. All plumbing, electrical, mechanical or fuel gas systems, materials and appurtenances, both existing and new and all parts thereof, shall be maintained in proper operating condition in accordance with the original design in a safe and sanitary condition. All devices or safeguards required by this code shall be maintained in compliance with the code edition under which they were installed.

(g)   The owner or the owner’s designated agent shall be responsible for maintenance of building systems. To determine compliance with this provision, the Code Official shall have the authority to require any system to be reinspected.

(h)   Additions, Alterations Or Repairs. Additions, alterations, renovations or repairs to any building or building systems shall conform to that required for new construction without requiring the existing building or building systems to comply with all the requirements of this code, if the project exceeds fifty percent (50%) of the total valuation of the property as appraised prior to the additions, alterations, renovations or repairs. Additions, alterations or repairs shall not cause the existing building or building systems to become unsafe, unsanitary or overloaded.

(i)    Minor additions, alterations, renovations and repairs to existing building systems shall be permitted in the same manner and arrangement as in the existing building system, provided that such repairs or replacement are not hazardous and are approved.

(Prior Code §500.020; Code 2021)

(a)   Creation Of Enforcement Agency. The Department of Community Development is hereby created and the official in charge thereof shall be known as the Code Official.

(b)   Appointment. The Code Official shall be appointed by the chief appointing authority of the jurisdiction.

(c)   Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the Code Official shall have the authority to appoint deputies, related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the Code Official.

(Prior Code §500.030; Code 2021)

(a)   General. The Code Official is hereby authorized and directed to enforce the provisions of this code. The Code Official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code.

(b)   Applications And Permits. The Code Official shall receive applications, review construction documents and issue permits for the erection and alteration, demolition and moving of buildings and structures, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code.

(c)   Notices And Orders. The Code Official shall issue all necessary notices or orders to ensure compliance with this code.

(d)   Inspections. The Code Official shall make all of the required inspections or the Code Official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The Code Official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority.

(e)   Identification. The Code Official shall carry proper identification when inspecting structures or premises in the performance of duties under this code.

(f)   Right Of Entry. Where it is necessary to make an inspection to enforce the provisions of this code or where the Code Official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of this code which makes the structure or premises unsafe, dangerous or hazardous, the Code Official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises be unoccupied, the Code Official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the Code Official shall have recourse to the remedies provided by law to secure entry.

(g)   Department Records. The Code Official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records.

(h)   Liability. The Code Official, member of the Board of Appeals or employee charged with the enforcement of this code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The Code Official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code.

(i)    Approved Materials And Equipment. Materials, equipment and devices approved by the Code Official shall be constructed and installed in accordance with such approval.

(j)    Used Materials And Equipment. The use of used materials which meet the requirements of this code for new materials is permitted. Used equipment and devices shall not be reused unless approved by the Code Official.

(k)   Modifications. Wherever there are practical difficulties involved in carrying out the provisions of this code, the Code Official shall have the authority to grant modifications for individual cases, upon application of the owner or owner’s representative, provided the Code Official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, accessibility, life and fire safety or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the Community Development Department.

(l)    Alternative Materials, Design And Methods Of Construction And Equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the Code Official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety.

(m)  Tests. Whenever there is insufficient evidence of compliance with the provisions of this code or evidence that a material or method does not conform to the requirements of this code or in order to substantiate claims for alternative materials or methods, the Code Official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the Code Official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the Code Official for the period required for retention of public records.

(Prior Code §500.040; Code 2021)

(a)   Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done shall first make application to the Code Official and obtain the required permit.

(1)   Annual permit. In lieu of an individual permit for each alteration to an already approved electrical, gas, mechanical or plumbing installation, the Code Official is authorized to issue an annual permit upon application therefore to any person, firm or corporation regularly employing one (1) or more qualified trade persons in the building, structure or on the premises owned or operated by the applicant for the permit.

(2)   Annual permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The Code Official shall have access to such records at all times or such records shall be filed with the Code Official as designated.

(b)   Work Exempt From Permit. Permits shall not be required for the following. Exemption from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions jurisdiction.

(1)   Building.

(A)  Retaining walls that are not over three (3) feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge.

(B)  Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.

(C)  Prefabricated swimming pools that are less than twenty-four (24) inches (610 mm) deep and do not exceed five thousand (5,000) gallons (18,927 L).

(D)  Shade cloth structures constructed for nursery or agricultural purposes and not including service systems.

(E)   Privately owned swings and other playground equipment installed at single-family or duplex structures.

(F)   Movable cases, counters and partitions not over five (5) feet nine (9) inches (1,753 mm) in height.

(2)   Electrical.

(A)  Repairs and maintenance. A permit shall not be required for minor repair work, including the replacement of fixtures or the connection of approved portable electric equipment to approved permanently installed receptacles.

(B)  Radio and television transmitting stations. The provisions of this code shall not apply to electrical equipment used for radio and television transmissions, but does apply to equipment and wiring for power supply and the installations of towers and antennas.

(C)  Temporary testing systems. A permit shall not be required for the installation of any temporary systems required for the testing or servicing of electrical equipment or apparatus.

(3)   Gas.

(A)  Portable heating appliance.

(B)  Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.

(4)   Mechanical.

(A)  Portable heating appliance; cooking or clothes drying appliances.

(B)  Portable ventilation appliances such as listed fans, space heaters or similar appliances.

(C)  Portable cooling units.

(D)  Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code that does not alter approval of equipment or makes such equipment unsafe.

(E)   Replacement of any minor part that does not alter the approval of equipment or make such equipment unsafe.

(F)   Portable evaporative cooler.

(G)  Self-contained refrigeration systems containing five (5) pounds (2.27 kg) or less of refrigerant or that are actuated by motors of one (1) horsepower (746 W) or less unless the unit is of portable design.

(H)  Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.

(5)   Plumbing.

(A)  The stopping of leaks in drains, water, soil, waste or vent pipe; provided however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.

(B)  The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.

(c)   Emergency Repairs. Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the Code Official.

(d)   Repairs. Application or notice to the Code Official is not required for ordinary repairs to structures, replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support or the removal or change of any required means of egress or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.

(e)   Public Service Agencies. A permit shall not be required for the installation, alteration or repair of generation, transmission, distribution or metering or other related equipment that is under the ownership and control of public service agencies by established right.

(f)   Application For Permit.

(1)   New construction–additions–alterations–repairs–remodels–other miscellaneous. To obtain a permit, the applicant shall first file an application therefore in writing on a form furnished by the Community Development Department for that purpose. Such application shall:

(A)  Identify and describe the work to be covered by the permit for which application is made.

(B)  Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work.

(C)  Indicate the use and occupancy for which the proposed work is intended.

(D)  Be accompanied by construction documents and other information as required in Section 4-106.

(E)   State the valuation of the proposed work.

(F)   Be signed by the applicant or the applicant’s authorized agent.

(G)  Give such other data and information as required by the Code Official.

(2)   Demolition permits. In addition to the information required by Section 4-105(f)(1), every such application shall indicate:

(A)  The present location of the building to be demolished.

(B)  Documentation that all public utilities have been properly disconnected.

(C)  The principal materials of construction of the building.

(D)  The length of time required to perform the proposed work.

(E)   Proof of permission from the property owner authorizing the building to be demolished.

(F)   The name, address and phone number of the demolition debris landfill where demolition debris will be disposed or a letter stating said debris will be transferred to said location.

(G)  Proof and/or a letter stating that all glass has been or will be removed and taken from the site prior to beginning demolition of the building.

(H)  A satisfactory pre-demolition evaluation inspection from the Community Development Department.

(g)   Action On Application. The Code Official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the Code Official shall reject such application, in writing, stating the reasons therefore. If the Code Official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the Code Official shall issue a permit therefore as soon as practicable.

(h)   Time Limitation Of Application. An application for a permit for any proposed work shall be deemed to have been abandoned one hundred eighty (180) days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the Code Official is authorized to grant one (1) or more extensions of time for additional periods not exceeding ninety (90) days each. The extension shall be requested in writing and justifiable cause demonstrated.

(i)    Validity Of Permit. The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the Code Official from requiring the correction of errors in the construction documents and other data. The Code Official is also authorized to prevent occupancy or use of a structure where in violation of this code or of any other ordinances of this jurisdiction.

(j)    Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within one hundred eighty (180) days after its issuance unless an inspection has been requested by the permit applicant or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred eighty (180) days. Every building permit issued by the Code Official under provisions of the technical codes shall expire by limitation and become null and void unless the building or work authorized by such permit is not completed and approved within one (1) year from the date such permit was issued. Permits issued for the moving or demolition of a building or structure shall expire sixty (60) days after the date the permit was issued. An extension of time to complete the moving or demolition of a building or structure shall not be granted. Before work may commence, recommence or continue after expiration, a new permit shall first be obtained by the permittee and a new full permit fee shall be paid therefore. All work requiring a permit shall be suspended upon the expiration of a permit.

(k)   Extensions. A permittee holding an unexpired permit may apply for an extension of the time within which work may be completed under that permit. Permit extensions shall be subject to the expiration periods specified by Section 4-105(j). Fees as required by the fee schedule adopted by the jurisdiction for the extension of a permit shall be paid prior to the expiration date of the permit. The fee for renewing shall be based upon total value of unfinished work.

(l)    Renewal Of Expired Permit When Work Has Been Started. A permittee holding an expired permit may apply for a renewal of the permit to allow for the completion of the work started. Permit renewals shall be subject to the expiration periods specified by Section 4-105(j). Fees as required by the fee schedule adopted by the jurisdiction for the renewal of a permit shall be paid prior to the work authorized by the permit being started.

(m)  Renewal Of Expired Permit When No Work Has Started. Before work can be started, a new permit shall be first obtained to do so, provided no changes have been made or will be made in the original plans and specifications for such work. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee. Permits shall not be renewed when no work has begun if the codes or regulations adopted by the jurisdiction have been changed since the permit was originally issued.

(n)   Suspension Or Revocation. The Code Official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information or in violation of any ordinance or regulation or any of the provisions of this code.

(o)   Placement Of Permit. The building permit or copy shall be kept on the site of the work until the completion of the project. The permit card shall be posted on the job site in a position to be clearly visible from the roadway prior to the start of any work authorized by the permit. Any posts or backing required to post the permit card shall be provided by the permit applicant.

(Prior Code §500.050; Code 2021)

(a)   Submittal Documents. Construction documents, special inspection and structural observation programs and other data shall be submitted in two (2) or more sets with each application for a permit. The construction documents shall be prepared by a Kansas registered design professional where required by the Code Official. Where special conditions exist, the Code Official is authorized to require additional construction documents to be prepared by a registered design professional.

Exception: The Code Official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that reviewing of construction documents is not necessary to obtain compliance with this code.

(b)   Information On Construction Documents. Construction documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permitted to be submitted only when previously approved by the Code Official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations as determined by the Code Official.

(1)   Fire protection system shop drawings. Shop drawings for the fire protection system(s) shall be submitted to indicate conformance with this code and the construction documents and shall be approved prior to the start of the project and issuance of a building permit. Shop drawings shall contain all information as required by the referenced installation standards in Chapter 9 of the International Building Code and any additional requirements of the Fire Code Official.

(2)   Means of egress. The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress in compliance with the provisions of this code. In other than occupancies in Groups R-2, R-3 and I-1, the construction documents shall designate the number of occupants to be accommodated on every floor and in all rooms and spaces.

(3)   Exterior wall envelope. Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with this code. The construction documents shall provide details of the exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves or parapets, means of drainage, water-resistive membrane and details around openings.

The construction documents shall include manufacturing installation instructions that provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall system which was tested, where applicable, as well as the test procedure used.

(c)   Site Plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades, all easements and the proposed finished grades and, as applicable, flood hazard areas, floodways and design flood elevations; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The Code Official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted.

(d)   Examination Of Documents. The Code Official shall examine or cause to be examined the accompanying construction documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances.

(1)   Approval of construction documents. When the Code Official issues a permit, the construction documents shall be approved, in writing or by stamp, as “Reviewed for Code Compliance”. One (1) set of construction documents so reviewed shall be retained by the Code Official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the Code Official or his/her authorized representative.

(2)   Previous approvals. This code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized and the construction of which has been pursued in good faith within one hundred eighty (180) days after the effective date of this code and has not been abandoned.

(3)   Phased approval. The Code Official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of this code after zoning, setbacks and engineering issues are approved. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder’s own risk with the building operation and without assurance that a permit for the entire structure will be granted.

(4)   Deferred submittals. For the purposes of this Section, “deferred submittals” are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the Code Official within a specified period Deferral of any submittal items shall have the prior approval of the Code Official. The registered design professional in responsible charge shall list the deferred submittals on the construction documents for review by the Code Official. Submittal documents for deferred submittal items shall be submitted to the registered design professional in responsible charge who shall review them and forward them to the Code Official with a notation indicating that the deferred submittal documents have been reviewed and that they have been found to be in general conformance with the design of the building. The deferred submittal items shall not be installed until the design and submittal documents have been approved by the Code Official.

(5)   Amended construction documents. Work shall be installed in accordance with the reviewed construction documents and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents. Additional plan review fees may apply.

(6)   Design professional in responsible charge.

(A)  General. When it is required that documents be prepared by a registered design professional, the Code Official shall be authorized to require the owner to engage and designate on the building permit application a registered design professional who shall act as the registered design professional in responsible charge. If the circumstances require, the owner shall designate a substitute registered design professional in responsible charge who shall perform the duties required of the original registered design professional in responsible charge. The Code Official shall be notified in writing by the owner if the registered design professional in responsible charge is changed or is unable to continue to perform the duties. The registered design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building. Where structural observation is required by Section 1709 of the International Building Code, the inspection program shall name the individual or firms who are to perform structural observation and describe the stages of construction at which structural observation is to occur. See also duties specified in Section 1704 of the International Building Code.

(B)  R404.1.3 Design required. A design in accordance with accepted engineering practice shall be provided for concrete or masonry foundation walls when any of the conditions listed below are found to exist.

(1)   Foundation walls are subject to hydrostatic pressure from ground water.

(2)   Foundation walls and retaining walls supporting more than forty-eight (48) inches (1,219 mm) of unbalanced backfill that do not have permanent lateral support at the top and bottom.

(3)   Foundation walls exceeding nine (9) feet in height, measured from the top of the wall to the bottom of the slab.

(4)   Footings and foundations placed on fill.

(5)   Foundations installed on slopes steeper than 4:1 before grading.

(6)   Foundations that bear partially on soil and partially on rock.

(7)   Foundation walls with an unbroken line of greater than twenty-five (25) feet.

(8)   Masonry foundation walls with an unbalanced backfill height greater than four (4) feet.

(9)   ICF foundation walls.

(10) Concrete slabs located over accessible spaces that have a clear span greater than four (4) feet in any direction.

(11) Concrete slabs where any portion of the slab is placed on more than two (2) feet of fill material.

(12) Log structures.

(13) Cold formed steel framing.

(14) Foundations and anchorage systems for manufactured homes.

       Where applicable, a standard design approved by the Code Official may be used in lieu of a design from a design professional. For new single family dwellings where standard designs approved by the Code Official are used, the design professional sealing the plans shall specify the use of those designs on the approved plans or through a separate report.

(e)   Retention Of Construction Documents. One (1) set of approved construction documents shall be retained by the Code Official for a period of not less than three (3) years from date of completion of the permitted work or as required by State or local laws.

(Prior Code §500.060; Code 2021)

(a)   General. The Code Official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than one hundred eighty (180) days. The Code Official is authorized to grant extensions for demonstrated cause.

(b)   Conformance. Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation and sanitary requirements of this code as necessary to ensure the public health, safety and general welfare.

(c)   Temporary Power. The Code Official is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion has been issued. The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or power in the NFPA 70 National Electrical Code, 2005 Edition.

(d)   Termination Of Approval. The Code Official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be discontinued or removed.

(Prior Code §500.070; Code 2021)

Fees for permits and other services required by this code shall be assessed in accordance with Section 4-301.

(Prior Code §500.080; Code 2021)

(a)   General. Construction or work for which a permit is required shall be subject to inspection by the Code Official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this Code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the Code Official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.

(b)   Preliminary Inspection. Before issuing a permit, the Code Official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed.

(c)   Required Inspections. The Code Official, upon notification, shall make the inspections set forth herein.

(1)   Footing or foundation inspection. Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel and chairs are in place. For concrete foundations, any required forms shall be in place prior to inspection. Materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with ASTM C 94, the concrete need not be on the job.

(2)   Underground inspection. Open trench inspections shall be made after ditches or trenches are excavated and bedded and water supply piping, wastewater piping, electrical conduit or direct burial conductor assemblies or other building service components are in place and before any backfill is put in place.

(3)   Concrete slab or under-floor inspection. Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor.

(4)   Dampproofing and waterproofing. Drain tile and foundation waterproofing and under-slab drain tile shall be inspected prior to backfill. Drain tile shall be bedded in clean rock and drain ends exposed for inspection.

(5)   Lowest floor elevation. In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to further vertical construction, a Kansas licensed land surveyor or registered engineer must provide an elevation certificate certifying the lowest floor elevation.

(6)   Rough-in inspection. Rough-in inspection shall be approved prior to any work requiring inspection being concealed. Rough-in includes all structural and non-structural aspects of the building frame including the building envelope, fireblocking and firestopping and the installation of electrical, plumbing, mechanical, gas piping, fire protection piping and other building equipment that will be concealed by building finish material.

(7)   HVAC duct liner. HVAC duct liners shall be visible for spot check during HVAC rough-in or above ceiling inspections.

(8)   Roof covering inspection. Inspection of the roof covering installation shall be made prior to the installation of final roof covering.

(9)   Vapor barrier/siding. All exterior stucco and siding shall be inspected to assure complete coverage with an approved vapor barrier. This inspection shall occur during the siding application.

(10) Gas piping and pressure testing. Rough-in inspection shall be made after all interior gas piping has been installed. A pressure test shall be performed in accordance with Section G2417 of the International Residential Code for One- and Two-Family Dwellings, Section 406 of the International Fuel Gas Code and Section 109.3.8 of the International Building Code.

       The requirements of this Section shall not be considered to prohibit the operation of any heating equipment installed to replace existing heating equipment serving an occupied portion of a structure in the event a request for inspection of such heating equipment has been filed with the department not more than forty-eight (48) hours after replacement work is completed and before any portion of such equipment is concealed by any permanent portion of the structure.

(11) Lath or gypsum board inspection. Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or before gypsum board joints and fasteners are taped and finished.

(12) Fire-resistant penetrations. Protection of joints and penetrations in fire-resistance-rated assemblies shall not be concealed from view until inspected and approved.

(13) Other inspections. In addition to the inspections specified above, the Code Official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws that are enforced by the Community Development Department.

(14) Special inspections. For special inspections, see Section 1704 of the International Building Code.

(15) Attic insulation. Attic access shall be provided for inspection of insulation at the time of final inspection.

(16) Final inspection. The final inspection shall be made after all work required by the building permit is completed and the structure is ready for occupancy.

(d)   Inspection Agencies. The Code Official is authorized to accept reports of approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability. A written request shall be submitted and an authorization from the Code Official received prior to an outside agency performing any inspections.

(e)   Equipment, Material And Labor For Tests. All equipment, material and labor required for testing any building systems or part thereof shall be furnished by the permit holder.

(f)   Inspection Requests. It shall be the duty of the holder of the building permit or their duly authorized agent to notify the Code Official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspection of such work for any inspections that are required by this code.

(g)   Approval Required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the Code Official. The Code Official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed or shall notify the permit holder or an agent of the permit holder wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the Code Official.

(Prior Code §500.090; Code 2021)

(a)   Use And Occupancy. No building or structure shall be used or occupied and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the Code Official has issued a certificate of occupancy therefore as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction.

(b)   Change In Use. Changes in the character or use of an existing structure shall not be made except as specified in Chapter 34 of the International Building Code.

(c)   Certificate Issued. After the Code Official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the City of Paola, the Code Official shall issue a certificate of occupancy that shall contain the following:

(1)   The building permit number.

(2)   The address of the structure.

(3)   The name and address of the owner.

(4)   A description of that portion of the structure for which the certificate is issued.

(5)   A statement that the described portion of the structure has been inspected for compliance with the requirements of this Code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified.

(6)   The name of the Code Official.

(7)   The edition of the code under which the permit was issued.

(8)   The use and occupancy, in accordance with the provisions of Chapter 3 of the International Building Code.

(9)   The type of construction as defined in Chapter 6 of the International Building Code.

(10) The design occupant load.

(11) Any special stipulations and conditions of the building permit.

(d)   Temporary Occupancy. The Code Official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The Code Official shall set a time period during which the temporary certificate of occupancy is valid. The maximum temporary occupancy duration for commercial structures is thirty (30) days and sixty (60) days for residential.

(e)   Revocation. The Code Official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of this code wherever the certificate is issued in error or on the basis of incorrect information supplied or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code.

(Prior Code §500.100; Code 2021)

(a)   Connection Of Service Utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the Code Official.

(b)   Temporary Connection. The Code Official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel or power.

(c)   Authority To Disconnect Service Utilities. The Code Official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the codes referenced in case of emergency where necessary to eliminate an immediate hazard to life or property. The Code Official shall notify the serving utility and wherever possible the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified, in writing, as soon as practical thereafter.

(Prior Code §500.110; Code 2021)

(a)   Violation. Any person, company, corporation or institution who violates any provision of the City of Paola and Growth Area Building Code as adopted herein and amended hereafter shall be subject to the penalties and remedies provided for in Section 4-118. Each and every day that a violation is allowed to continue may be deemed to constitute a separate offense.

(b)   Penalties. Any person violating any provision of this Chapter, upon conviction thereof, shall be fined a sum not to exceed five hundred dollars ($500.00).

(c)   Other Remedies. Whenever any building or structure is or is proposed to be erected, constructed, altered, converted or maintained in violation of any Building Code, the City of Paola, in addition to other remedies, may institute injunction, mandamus or other appropriate action or proceeding to prevent such unlawful activity or to correct or abate violation of this act.

(d)   General. In order to hear and decide appeals of orders, the application and interpretation of this code, there shall be and is hereby created a Board of Appeals. The Code Official or his/her deputy shall be an ex officio member of said Board but shall have no vote on any matter before the Board. The Board shall adopt rules of appointed by the Governing Body and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the Code Official.

(e)   Limitations On Authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The Board shall have no authority to waive requirements of this code.

(Prior Code §500.120; Code 2021)

(a)   Code Board Of Appeals Established. In order to hear and decide appeals of orders, decisions or determinations made by the Code Official relative to the application and interpretation of this code, there shall be and is hereby created a Code Board of Appeals (CBOA). The Board of Appeals shall be appointed by the City of Paola and shall hold office at its pleasure. The Board shall adopt rules of procedure for conducting its business.

(b)   Authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The CBOA shall have the power to act on issues and matters applicable to contractor licensing and discipline as specified in this code. The CBOA shall have no authority to waive requirements of Articles 1 or 2 of this Chapter. This Board will also serve as the Board of Appeals for any issues related to the International Fire Code and/or its enforcement.

(c)   Appeal. Any person shall have the right to appeal a decision of the Code Official to the Code Board of Appeals. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The application shall be filed on a form obtained from the Code Official within twenty (20) days after the notice was served.

(d)   Membership And Terms Of Board. The Code Board of Appeals shall consist of nine (9) members and two (2) alternates appointed by the Mayor and confirmed by the Governing Body of the City of Paola. Terms to the CBOA shall be for three (3) years. Alternate members shall be called by the CBOA Chairman to hear appeals during the absence or disqualification of a member. Individuals from the following professions or backgrounds shall be considered for appointment to the Code Board of Appeals.

(1)   One (1) member shall be a registered design professional who is a registered architect or registered engineer in the State of Kansas.

(2)   Two (2) members shall be general contractors holding current contractors’ licenses with the City of Paola.

(3)   One (1) member shall be an electrical contractor holding a current contractor’s license with the City of Paola.

(4)   One (1) member shall be a plumbing contractor holding a current contractor’s license with the City of Paola.

(5)   One (1) member shall be a mechanical contractor holding a current contractor’s license with the City of Paola.

(6)   One (1) member shall be a non-specialist contractor holding a current contractor’s license in one (1) of the non-specialist categories with the City of Paola.

(7)   One (1) member shall have qualifications and experience as a fire protection specialist and reside within the City of Paola or the Community Growth Area.

(8)   One (1) member shall be a citizen residing within the City of Paola and/or the Community Growth Area.

(e)   Chairman. The Board shall annually select one (1) of its members to serve as Chairman.

(f)   Disqualification Of Member. A member shall not hear an appeal in which that member has any personal, professional or financial interest.

(g)   Secretary. The Code Official shall designate a qualified clerk to serve as Secretary to the Board. The Secretary shall file a detailed record of all proceedings in the office of the City Clerk.

(h)   Compensation Of Members. Members shall serve on the Board without compensation.

(i)    Regular Meetings. The CBOA shall meet for a regular meetings once quarterly or at such other time as may be determined by the CBOA, the Code Official. The CBOA shall conduct its meetings in accordance with the Kansas Open Meetings Law.

(j)    Special Meetings And Hearings. Special meetings and matters that require a hearing may be called by the CBOA Chairman, the Vice Chairman or a majority of the CBOA members present and representing a quorum.

(k)   Notice Of Hearing. The Board shall meet upon notice from the Chairman within ten (10) days of the filing of an appeal or at stated periodic meetings.

(l)    Open Hearing. All hearings before the Board shall be open to the public. The appellant, the appellant’s representative, the Code Official and any person whose interests are affected shall be given an opportunity to be heard.

(m)  Procedure. The Board shall adopt and make available to the public through the Secretary procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received.

(n)   Quorum. Five (5) members of the Board shall constitute a quorum for the transaction of Board business, including hearings. Attendance at any meeting shall be in person.

(o)   Postponed Meeting. When at least five (5) members are not present to hear an appeal, the hearing shall be postponed.

(p)   Board Decision. The Board shall modify or reverse the decision of the Code Official by a concurring vote of and majority vote of members present.

(q)   Decision. The decision of the Board shall be made in writing. Certified copies shall be furnished to the appellant and to the Code Official.

(Prior Code §500.130; Code 2021)

(a)   Authority. Whenever the Code Official finds any work regulated by this code being performed in a manner contrary to the provisions of this code or in a dangerous or unsafe manner, the Code Official is authorized to issue a stop work order.

(b)   Issuance. The stop work order shall be in writing and shall be given to the owner of the property involved or to the owner’s agent or to the person doing the work or prominently posted at the job site. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work will be permitted to resume.

(c)   Unlawful Continuance. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law.

(Prior Code §500.140; Code 2021)

(a)   Conditions. Structures or existing equipment that are or hereafter become unsafe, unsanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation or which constitute a fire hazard or are otherwise dangerous to human life or the public welfare or that involve illegal or improper occupancy or inadequate maintenance shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the Code Official deems necessary and as provided for in this Section. A vacant structure that is not secured against entry shall be deemed unsafe.

(b)   Record. The Code Official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition.

(c)   Notice. If an unsafe condition is found, the Code Official shall serve on the owner, agent or person in control of the structure a written notice that describes the condition deemed unsafe and specifies the required repairs or improvements to be made to abate the unsafe condition or that requires the unsafe structure to be demolished within a stipulated time. Such notice shall require the person thus notified to declare immediately to the Code Official acceptance or rejection of the terms of the order.

(d)   Method Of Service. Such notice shall be deemed properly served if a copy thereof is:

(1)   Delivered to the owner personally;

(2)   Sent by certified or registered mail addressed to the owner at the last known address with the return receipt requested; or

(3)   Delivered in any other manner as prescribed by local law.

If the certified or registered letter is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. Service of such notice in the foregoing manner upon the owner’s agent or upon the person responsible for the structure shall constitute service of notice upon the owner.

(e)   Restoration. The structure or equipment determined to be unsafe by the Code Official is permitted to be restored to a safe condition. To the extent that repairs, alterations or additions are made or a change of occupancy occurs during the restoration of the structure, such repairs, alterations, additions or change of occupancy shall comply with the requirements of Section 105.2.2 of the International Building Code and Chapter 34 of the International Residential Code.

(Prior Code §500.150; Code 2021)

For the purpose of this chapter, the following meanings shall apply:

AGRICULTURAL BUILDING — A building or structure located on a tract of land twenty (20) contiguous acres or more in area, used for storage of equipment or produce or other commodities necessary for agricultural use, but not including buildings intended for residential uses or the parking or storage of private motor vehicles.

AGRICULTURAL USE — The use of a tract of land twenty (20) contiguous acres or more in area for the raising of crops, animal husbandry, dairying, pasturage, general farming, truck farming, cultivation of field crops, orchards, groves, raising fish, birds or poultry and accessory uses necessary for the carrying out of farming operations, including structures for storage, processing and sale of products raised on the premises.

BEDROOM — A room that meets the minimum dimension, area and height requirements for a habitable room as specified in Section R304 and that has an adjoining area or space that may be utilized as a closet whether or not the room is actually utilized for sleeping purposes. This definition is intended to clarify the applications for the requirements for emergency escape and rescue openings in accordance with Section R310 and smoke alarms in accordance with Section R317 of the International Residential Code for One- and Two-Family Dwellings.

CODE OFFICIAL — The term “Code Official” contained in any reference in this Chapter or in any of the model codes adopted in Article 2 may be used synonymously with the terms Building Official, Chief Code Official, authority having jurisdiction, Chief Building Inspector or any other similar terms.

ELECTRICAL CODE — Any reference in this Chapter or in any of the model codes adopted herein to the ICC Electrical Code may be deemed to refer to the NFPA 70 National Electrical Code, 2005.

PERMANENT FOUNDATION — A foundation designed to support and transfer all imposed loads from a building, including a manufactured home, to the soil within the tolerances specified in this code and that provides means for attaching the building to the foundation.

(Prior Code §500.180; Code 2021)

Any person, firm or corporation who shall violate any of the provisions of this Chapter, or the owner or agent of a structure or premises in or upon which a violation of any provisions of this Chapter has been committed or shall exist, or the lessee or tenant of an entire building or entire premises in or upon which violation has been committed or shall exist, or the agent, architect, building contractor or any other person who commits, takes part or assists in any violation, or who maintains any building or premises in or upon which violation has been committed or shall exist shall, upon conviction thereof, be deemed guilty of a misdemeanor and shall be punished by a fine not less than one hundred dollars ($100.00) and not to exceed one thousand dollars ($1,000.00) or be imprisoned not to exceed thirty (30) days, or be both so fined and imprisoned. Each and every day that such violation continues shall constitute a separate offense.

(Prior Code § 500.820; Ord. 2667; Code 2021)