CHAPTER IV. BUILDINGS AND CONSTRUCTIONCHAPTER IV. BUILDINGS AND CONSTRUCTION\ARTICLE 1. BUILDING PERMITS

ARTICLE 1. BUILDING PERMITS

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 Inman, Kansas;

(b)   Whenever the term corporation counsel is used, it shall be held to mean the city attorney of the City of Inman;

(c)   Whenever the term building official is used, it shall be held to mean the city superintendent or his or her authorized designee.

(Code 2014)

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

(b)   The city superintendent shall prepare such application, permit, inspection and record forms as may be required for the purposes of the article. The city superintendent 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 2014)

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 permit obtained before work is commenced upon any building or structure or the foundation thereof, or before the removal of any building begins.

(Code 2014)

(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. This application shall, among other things, disclose the following:

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

(2)   The location of the building or structure;

(3)   The building work proposed;

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

(5)   The class of occupancy;

(6)   The class of construction;

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

(8)   The estimated cost of the work;

(9)   The date work will commence;

(10) Expected date of completion;

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

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

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

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

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

(Code 2014)

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 building official to determine compliance. 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.

(Code 2014)

The following fees are hereby established and shall be paid to the city clerk:

(a)   Building permit for new construction and/or Occupancy Certificate - $250

(b)   Accessory use or remodel (including swimming pools, spas or hot tubs) - $75

(c)   Roof, siding and window replacement - $20

(d)   Signs - $15

(e)   Manufactured Horne Park Districts - $140

(f)   Amendments to All Other Districts and Special Use or Change of Zoning - $120

(g)   Appeal, Variance or Conditional Use - $100

No fees are required for buildings sized 100 square feet or less or sidewalks.

(Code 2014)

Upon the completion of any work under a building permit, the chief building official or his or her designee is authorized to issue a certificate of approval for the occupancy and use of the building or structure. A copy of such certificate shall be given the owner.

(Code 2014)

(a)   A builder or building contractor for purposes shall be any person, firm, co- partnership, corporation, association, or any combination thereof, whether a resident or not of the city:

(1)   Who or which undertakes with or for another, for a fixed sum, price, fee or any compensation other than wages, to build, construct, alter, repair, add to, wreck or move any building or structure (or any portion thereof), or any sidewalk, driveway entrance or structure in any street, or any advertising sign, panel poster or billboard, or any other structure, in the city, for which a building or construction permit may now or hereafter be required by the laws of the city; or

(2)   Who or which advertises or represents himself, herself, or itself to the public to have the capacity or ability to undertake, or submit a bid or offer to build, construct, alter, repair, add to or wreck, remove, restore or replace any building, structure or construction work or any portion thereof; or

(3)   Who or which builds, constructs, alters, adds to or wrecks any buildings or structures either on his or her own or other property for purposes of sale or speculation.

(b)   A builder or building contractor as defined shall not mean or include:

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

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

(3)   Any owner or his or her authorized agents or employees making ordinary repairs to his, her or its own building or structure not involving the structural parts of the building for which a permit is not required or on which a contractor, as defined, is not required, employed or engaged to perform; or

(4)   Any property owner personally performing any improvements, alterations or building construction within or upon his or her own residence and intended for his or her own personal use and permanent occupancy; provided, the owner shall satisfy the building official as to his or her ability to perform such work, secure a permit, pay required fees, do work, and receive approval. Personal building construction by an owner shall be by himself, herself, for himself or herself on his or her own residence, without compensation and no person shall be employed to assist him or her in any way on such work except a builder or building contractor.

(Code 2014)

A builder or building contractor must procure and maintain a liability insurance policy in the amount of $100,000 for the death or injury of any one person and $300,000 for the death or injury of any number of persons in any one accident and $50,000 for property damage in any one accident. Such policies of insurance shall be issued by some insurance company authorized to do business in the State of Kansas. A builder or building contractor may qualify as to the insurance requirements by filing a certificate with the city clerk executed by the resident agent of such company stating that the required policy of insurance has been issued by such company for the purpose required 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 2014)

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

(Code 2014)

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

(Code 2014)