[Ord. No. 1378 §11, 3-20-2013; Ord.
No. 1568, 12-21-2022]
A.
There
is hereby adopted the International Building Code, 2018 Edition, to
include Appendices C, F, G, H, I, and J, published by the International
Code Council, for regulating the erection, construction, enlargement,
alteration, repair, moving, removal, demolition, conversion, occupancy,
equipment, use, height, area and maintenance of all buildings or structures
in the City of Mission, providing for the issuance of permits and
collection of fees therefor; and each and all of the regulations,
provisions, conditions and terms of such International Building Code,
2018 Edition, on file in the office of the Building Official are hereby
referred to as the IBC, adopted and made a part hereof as if fully
set out in this Chapter, subject only to the express amendments and
deletions provided herein.
B.
Wherever
the word "jurisdiction" is used in the International Building Code,
adopted hereby, said term shall mean the City of Mission.
[Ord. No. 1378 §12, 3-20-2013; Ord.
No. 1568, 12-21-2022]
Any person violating any provision of such code shall be punished as provided in Section 100.100 of the Mission City Code.
[Ord. No. 1378 §13, 3-20-2013; Ord.
No. 1568, 12-21-2022]
The term "approved certified sprinkler system" shall mean one that has been designed by an engineer who is licensed
in the State of Kansas, and installed by a contractor licensed to
do so by the Johnson County Contractor Licensing Program, and approved
by the Building Official.
[Ord. No. 1378 §14, 3-20-2013; Ord.
No. 1568, 12-21-2022]
The following provisions of the International Building Code,
as adopted, shall be omitted and not applicable under this code unless
amended:
[Ord. No. 1378 §15, 3-20-2013; Ord.
No. 1568, 12-21-2022]
The following additions shall be made:
a)
Amend
Section 101.4.3 of the IBC to read as follows:
101.4.3 Plumbing. The provisions of the International Plumbing
Code shall apply to the installation, alteration, repair and replacement
of plumbing systems, including equipment, appliances, fixtures, fittings
and appurtenances, and where connected to a water or sewage system
and all aspects of a medical gas system. The provisions of the Johnson
County Environmental Department shall apply to private sewage disposal
systems.
b)
Amend
the IBC by adding a new Section 101.4.7 to read as follows:
101.4.7 Existing Building. The provisions of the International
Building Code, International Fire Code, International Plumbing Code,
International Mechanical Code, International Fuel Gas Code, International
Residential Code, International Energy Conservation Code and NFPA
70 (NEC) shall apply to matters governing the repair, alteration,
change of occupancy, addition to and relocation of existing buildings.
Alterations to any building or structure shall comply with the requirements
of the code for new construction. Alterations shall be such that the
existing building or structure is no less complying with the provisions
of this code than the existing building or structure was prior to
the alteration.
Buildings and structures, and parts thereof, shall be maintained
in a safe and sanitary condition. Devices or safeguards which are
required by this code shall be maintained in conformance with the
code edition under which installed. The owner or owner's designated
agent shall be responsible for the maintenance of the buildings and
structures. To determine compliance with this Subsection, the Building
Official shall have the authority to require a building or structure
to be re-inspected. The requirements of this Section shall not provide
the basis for removal or abrogation of the fire protection and safety
systems and devices in existing structures.
The provisions of this code related to the construction, repair,
alteration, restoration and movement of structures, and changes of
occupancy shall not be mandatory for historic buildings where such
buildings are determined by the Building Official to not constitute
a distinct life safety hazard.
No change shall be made in the use or occupancy of any building
that would place the building in a different division of the same
group of occupancies or in a different group of occupancies, unless
such building is made to comply with the requirements of this code
for such division or group of occupancies. Subject to the approval
of the Building Official, the use or occupancy of existing buildings
shall be permitted to be changed and the building is allowed to be
occupied for the purpose in other groups, provided the new or proposed
use is less hazardous, based on life and fire risk, than the existing
use. A certificate of occupancy shall be issued where it has been
determined that the requirements for the new occupancy classification
have been met.
c)
Amend
the IBC by adding a new Section 101.4.8 to read as follows:
101.4.8 Electrical. The provisions of the NFPA 70 National Electrical
Code, 2017 Edition, shall apply to the installation of electrical
systems, including alterations, repairs, replacement, equipment, appliances,
fixtures, fittings and appurtenances thereto.
d)
Amend
the IBC by omitting Section 103 Department of Building Safety in its
entirety.
e)
Amend Section 104.3 of the IBC
to read as follows:
104.3 Notices, Orders and Work Hours. The Building Official
shall issue necessary notices or orders to ensure compliance with
this code. Construction work on residential, commercial and industrial
projects involving earth-moving equipment, trucking, concrete work,
exterior carpentry and masonry, exterior plumbing, exterior painting,
exterior electrical work shall be permitted during the following hours
only:
Monday through Friday — 7:00 A.M. to 6:00 P.M.
Saturday — 8:00 A.M. to 6:00 P.M.
Sunday — All Work Prohibited
Exceptions:
1)
Repair and remodeling work performed by the owner or occupant of
one- and two-family residential buildings.
2)
Repair work performed on an emergency basis.
3)
An extended construction work hours permit approved by the Community
Development Department.
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Penalty:
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Violation of the provisions of this Article shall be punishable
by a fine not to exceed five hundred dollars ($500.00) per violation
and/or revocation of the building permit.
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f)
Amend Section 105.3 of the IBC
by adding items 8 through 12 to read as follows:
105.3 Application for Permit.
A permit shall not be issued until evidence is presented to
the Building Official certifying the availability of satisfactory
potable water. Applicants within areas under the jurisdiction of a
duly constituted water district shall submit a connection permit or
notice of intent to supply water service from the water district.
8)
A permit for construction shall not be issued until
evidence is presented to the Building Official verifying the availability
of satisfactory hydrant locations.
9)
Applicants for areas under the jurisdiction of a duly constituted water district shall submit a statement from the district verifying that the proposed fire protection system conforms to Article X of this Code.
10)
No building permit for any structure or building to be located within
a legally created sewer district in the City in which sanitary sewage
will, or may, originate shall be issued until the applicant, or the
applicant's agent, has previously applied for and received from the
sewer district an outside sanitary sewer construction and connection
permit as required by the rules and regulations of the Johnson County
Wastewater District.
11)
Include a right-of-way permit application from the City.
12)
Include proof that the permit applicant has a valid contractor license,
in the appropriate class with Johnson County Contractor Licensing.
g)
Amend
the IBC by adding a new Section 105.3.1.1 to read as follows:
105.3.1.1 Denial of Permits. The Building Official is authorized
to deny a permit to any applicant not meeting the provisions of this
code on any open permits. The Building Official may also stop construction
on any permit if the contractor fails to maintain oversight of a project
or fails to maintain insurance as required by the Johnson County Contractor
Licensing Regulations.
h)
Amend the IBC by adding a new Section
105.3.3 to read as follows:
105.3.3 Moving Buildings or Structures. A permit for a foundation,
or a new single-family or a remodel permit shall be secured prior
to the issuance of a permit to move a building or structure. The foundation
shall be constructed prior to the building or structure being moved.
All applications for permits to move buildings or structures shall
include the following information:
1.
The dimensions of the building or structure as to length, width,
and height at its highest point when loaded for moving.
2.
A letter verifying that all utilities have been disconnected, i.e.,
gas, electric, water, sewer. A verbal or electronic communication
from the utility company is acceptable in lieu of a letter.
3.
A letter or electronic communication from any utility company having
overhead lines along the proposed route indicating that they have
approved the route.
4.
Letters from the Police Department and the Public Works Department
approving the date, time and route of the move.
5.
A letter indicating the day and hour when the move is to start; the
length of time required for the move; and the number and type of escort
vehicles.
6.
A map showing the route of the move.
7.
A copy of the State highway move permit, if applicable.
8.
Copies of written notices to the owners of adjacent lots along the
route who may be affected by utility disconnects. The letter will
give the date and time of the move.
9.
Written permission from the private property owner to trim any trees
on private property necessary to provide clearance for the move along
the proposed route.
10.
Written permission to trim trees in the public right-of-way necessary
to provide clearance for the move along the proposed route.
11.
Sewer permit from Johnson County Wastewater District.
12.
Letter from the appropriate water district certifying the availability
of the water supply.
13.
Verification from the water district of a satisfactory fire hydrant
location.
14.
Verification that the building or structure meets current adopted
codes and standards.
15.
A plot plan showing the property or lot where the building or structure
is to be moved. A legal description of the property shall be included.
i)
Amend Section 105.5 of the IBC
to read as follows:
105.5 Expiration. Every permit issued by the Building Official
under the provisions of this code shall expire by limitation and become
null and void if:
1)
The building or work authorized by such permit is not commenced within
one hundred eighty (180) days from the date of such permit; or
2)
The building or work authorized by such permit has not progressed
to the point of the next required inspection within ninety (90) days
of either the issuance of the permit, or from the date of the last
inspection.
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Before such work can be recommenced, a new permit shall be first
obtained to do so, and the fee therefore shall be one-half (1/2) the
amount required for a new permit for such work, provided, no changes
have been made or will be made in the original plans and specifications
for such work; and provided, further, that the untimely progress has
not exceeded one year. In order to renew action on a permit that has
expired for a period exceeding one (1) year, the permittee shall pay
a new full permit fee.
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The Building Official is authorized to grant, in writing, one
(1) or more extensions of time. The extension shall be requested in
writing and justifiable cause demonstrated.
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j)
Amend
the IBC by adding a new Section 105.8 to read as follows:
105.8 Responsibility. The permit applicant of record shall complete,
and be responsible for, all work for which the building permit was
issued, in full compliance with applicable laws and ordinances. The
permit applicant of record shall complete, and be responsible for,
all sidewalks, drive approaches, grading, erosion control, installation
of landscaping, and culvert drains in the right-of-way abutting the
property described by the building permit. The construction of sidewalks,
drive approaches and other public improvements shall comply with all
technical specifications adopted by the City and as directed by the
Public Works Director or his/her/their representative.
k)
Amend Section 109.2 of the IBC
to read as follows:
109.2 Schedule of Permit Fees. On buildings, structures, electrical,
gas, mechanical and plumbing systems or alterations requiring a permit,
a fee for each permit shall be paid as required, in accordance with
the schedule as established by the applicable governing authority.
The fee for each building permit shall be as set forth by resolution
of the City Council. When permit fees are required, a plan review
fee shall be paid at the time of submitting the submittal documents
for plan review. When submittal documents are incomplete or changed
so as to require additional plan review or when the project involves
deferred submittal items as defined in Section 107.3.4.1, an additional
plan review fee may be charged. Applications shall be considered inactive
and/or abandoned thereby becoming null and void by expiration of the
following:
1)
The building or work authorized by such permit is not commenced within
one hundred eighty (180) days from the date of such permit; or
2)
The building or work authorized by such permit has not progressed
to the point of the next required inspection within ninety (90) days
of either the issuance of the permit, or from the date of the last
inspection.
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Before such work can be recommenced, a new permit shall be first
obtained to do so, and the fee therefore shall be one-half (1/2) the
amount required for a new permit for such work, provided, no changes
have been made or will be made in the original plans and specifications
for such work; and provided, further, that the untimely progress has
not exceeded one (1) year. In order to renew action on a permit that
has expired for a period exceeding one (1) year, the permittee shall
pay a new full permit fee. The Building Official is authorized to
grant, in writing, one (1) extension of time, for a period not to
exceed one hundred eighty (180) days. The extension shall be requested
in writing and justifiable cause demonstrated.
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l)
Amend
Section 109.4 of the IBC to read as follows:
109.4 Work Commencing Before Permit Issuance. Any person or
company that commences any work on a building, structure electrical,
gas, plumbing or mechanical system before obtaining the necessary
permits shall be subject to a fee double the original permit fee as
established by the City of Mission.
m)
Amend
Section 109.6 of the IBC to read as follows:
109.6 Refunds. The Building Official is authorized to refund
a permit fee which was erroneously paid or collected. The Building
Official may authorize refunding of not more than eighty percent (80%)
of the permit fee paid when no work has been done under the permit
issued. The Building Official may authorize refunding of not more
than eighty percent (80%) of the plan review paid when no plan review
work has been performed. The Building Official shall not authorize
refunding of any fee paid except on written application filed by the
original permittee, not later than one hundred eighty (180) days after
the date of fee payment.
n)
Amend
Section 111.3 of the IBC to read as follows:
111.3 Temporary Certificates of Occupancy. The Building 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 Building
Official shall set a time period during which the temporary certificate
of occupancy is valid. A 60-day temporary certificate may be issued
for interior items and a 90-day temporary certificate may be issued
for exterior items upon request from the owner or contractor, subject
to the approval of the Building Official. Additional time may be granted
by the Building Official upon written request and for a fee of one
hundred dollars ($100.00). Contemporaneously with the issuance of
a Temporary Certificate of Occupancy, the Building Official shall
provide a list of deficiencies, if any, that require correction to
any building or portion thereof. The failure of the permit holder
to correct the deficiencies, to the satisfaction of the Building Official,
prior to the expiration of the Temporary Certificate of Occupancy,
shall be an unlawful act.
o)
Amend
Section 113 of the IBC to read as follows:
Section 113 Board of Appeals. The Board of Appeals shall mean the Board of Code Review as established in Chapter 500, Article XI-A of the Mission Municipal Code, and shall hear and decide appeals of orders, decisions, or determinations made by the Building Code Official relative to the application and interpretation of this code.
p)
Amend
Section 114.3 of the IBC to read as follows:
114.3 Prosecution of Violation. Any person failing to comply
with a notice of violation or order shall be deemed guilty of an unlawful
act. If the notice of violation is not complied with, the Building
Official may request the legal counsel of the jurisdiction to institute
the appropriate proceeding at law or in equity to restrain, correct
or abate such violation, or to require the removal or termination
of the occupancy of the building or structure in violation of the
provisions of this code or of the order or direction made pursuant
thereto.
q)
Amend
Section 114.4 of the IBC to read as follows:
114.4 Violation Penalties. Violation of any provision of this code shall be an unlawful act. Each separate day or any portion thereof, during which any violation of this code occurs or continues, shall also be deemed to constitute a separate offense, and shall be punishable as provided in Municipal Code Section 100.100.
r)
Amend
Section 115 of the IBC as follows:
115 Stop Work Orders. In addition to Sections 115.1, 115.2 and
115.3, no building permit or permits will be issued to any person
engaged in doing or causing such work to be done by such persons in
the City of Mission until any and all stop work orders or any other
restrictions have been cancelled or have been lifted by the Building
Official.
s)
Amend
Section 305.2 of the IBC to read as follows:
305.2 Group E, Day Care Facilities. This group includes buildings
and structures and portions thereof occupied by more than five (5)
children older than two and one-half (2 1/2) years of age who receive
educational, supervision, or personal care services for fewer than
twenty-four (24) hours per day.
Exception:
Day care that is an accessory use for the dwelling unit principal
residents, when conducted in compliance with applicable State and
local regulations, shall comply with applicable requirements of the
International Residential Code.
t)
Amend
the IBC by omitting Section 305.2.3 Five or Fewer Children in a Dwelling
Unit, in its entirety.
u)
Amend
the IBC by omitting Section 310.4.1 Care Facilities within a Dwelling,
in its entirety.
v)
Amend
Section 903.3.1.2.1 of the IBC as follows:
Section 903.3.1.2.1 Balconies and decks. Sprinkler protection
shall be provided for exterior balconies, decks, and ground floor
patios of dwelling units and sleeping units. Sidewall sprinklers that
are used to protect such areas shall be permitted to be located such
that their deflectors are within one (1) inch to six (6) inches below
the structural members and a maximum distance of fourteen (14) inches
below the deck of the exterior balconies and decks that are constructed
of open wood joist construction.
w)
Amend
Section 904.3.5 of the IBC as follows:
Section 904.3.5 Monitoring. Where a building fire alarm system
is installed, automatic fire-extinguishing systems, to include kitchen
hood suppression systems, shall be monitored by the building fire
alarm system in accordance with NFPA 72.
y)
Amend
Section 912.4 of the IBC as follows:
912.4 Access. Immediate access to Fire Department connections
shall be no less than three (3) feet in width, maintained at all times
and without obstruction by fences, bushes, trees, walls or any other
fixed or movable object. Access to Fire Department connections shall
be approved by the Fire Code Official.
z)
Amend
Section 1015.2 of the IBC as follows:
Section 1015.2 Where required. Provide the additional text:
Guards are required at retaining walls over thirty (30) inches above
grade when walking surfaces are within ten (10) feet of the high side
of the retaining wall.
aa)
Amend
the IBC by omitting Chapter 11 and adding in lieu thereof the following:
Chapter H — Accessibility. The architect/design professional
is responsible for all ADA design elements and requirements in accordance
with ICC A 117.1-2017 Standard for Accessible and Usable Buildings
and Facilities or the 2010 ADA Standards for Accessible Design (at
a minimum). Modifications to existing buildings or sites, and construction
of new buildings shall comply with all applicable Federal and State
laws governing ADA access and usability. The architect/design professional
shall provide certification that the entire scope of the construction
documents and the finished construction project shall be in full compliance
with all applicable ADA regulations.
ab)
Amend
Section 1202.1 of the IBC to read as follows:
1202.1 General. Buildings shall be provided with natural ventilation
in accordance with Section 1203.5, or mechanical ventilation in accordance
with the International Mechanical Code.
ac)
Amend
Section 1612.3 of the IBC to read as follows:
1612.3 Establishment of Flood Hazard Areas. To establish flood
hazard areas, the governing body shall adopt a flood hazard map and
supporting data. The flood hazard map shall include, at a minimum,
areas of special flood hazard as identified by the Federal Emergency
Management Agency in an engineering report entitled "The Flood Insurance
Study for Johnson County, Kansas and Incorporated Areas," dated July
17, 1997, as amended or revised with the accompanying current Flood
Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM)
and related supporting data along with any revisions thereto. The
adopted flood hazard map and supporting data are hereby adopted by
reference and declared to be part of this Section.
ad)
Amend
Section 2901.1 of the IBC to read as follows:
2901.1 Scope. The provisions of the International Plumbing Code
shall govern the erection, installation, alteration, repairs, relocation,
replacement, addition to, use or maintenance of plumbing equipment
and systems. Toilet and bathing rooms shall be constructed in accordance
with Section 1209 of the International Building Code.
ae)
Amend Section 3307 of the IBC to
read as follows:
3307 Protection of Adjoining Property. Adjoining public and
private property shall be protected from damage during construction,
remodeling and demolition work. Protection shall be provided for footings,
foundations, party walls, chimneys, skylights, and roofs. Provisions
shall be made to control water runoff and erosion during construction
or demolition activities. The person making or causing an excavation
to be made shall provide written notice to the owners of adjoining
buildings advising them that the excavation is to be made and that
the adjoining buildings should be protected.
Said notification shall be delivered not less than ten (10)
days prior to the scheduled starting date of the excavation. A copy
of the notice shall be delivered to the Building Official prior to
the commencing of excavation. All construction sites shall be maintained
in a good, clean, and safe condition, including, but not limited to,
the following minimum requirements:
1.
Construction materials shall be stored, maintained and secured so
as to prevent safety risk or danger. Accumulated construction debris
shall be hauled away and disposed of at an approved landfill. Dumpsters
shall be emptied or removed when full and may be used only for construction
debris. Construction materials shall not be stored in a public right-of-way.
2.
All mud, dirt, or debris deposited on any street, crosswalk, sidewalk,
or other public property as a result of excavation, construction,
or demolition shall be immediately broom cleaned to the extent possible
and disposed of in an acceptable manner.
3.
It shall be unlawful to intentionally place, deposit, or otherwise
dispose of construction debris in any public or private sewer.
4.
Airborne particles shall be controlled at the property at all times
during work by means of a water truck and/or spraying equipment, or
other water sources capable of spraying and thoroughly saturating
all portions of the structure and surrounding property affected by
the work. Spraying shall be undertaken at all times necessary to thoroughly
control the creation and migration of airborne particles, including,
without limitation, dust, from the subject property.
5.
No person shall operate or cause to be operated any radio, media
player, telecommunications device or other such object at such a volume,
or in any other manner that would cause a nuisance or disturbance
to any person.
6.
Every contractor shall be responsible for all actions of their employees,
agents, and subcontractors under this Subsection, and shall be responsible
for all violations of the provisions of this Subsection committed
by such employees, agents, or subcontractors.
