[Ord. No. 1304 §83, 10-21-2009]
The City Administrator shall have the primary responsibility
for the administration and enforcement of this Code of Regulations
for Buildings and Construction through the designation of the Building
Official and Fire Marshal. The City Administrator, pursuant to his
authority, may delegate any of the administrative duties or responsibilities
to any other City Official as he may deem advisable and may implement
Building Official and/or Fire Marshal any administrative procedures
which are reasonably required for the effective administration of
the Code and which are consistent with the provisions of the Code.
[Ord. No. 1304 §84, 10-21-2009]
It is the intent of this code to establish the minimum requirements
and standards for buildings and construction occurring within the
incorporated area of the City of Mission in order to protect the public
health and safety through the administration of uniformly adopted
and accepted code provisions. All administrative actions and decisions,
to the extent possible required or authorized under this Code, shall
be made solely in accordance with the specific standards enumerated
in the separate articles and codes adopted and in accordance with
interpretations made or rendered under the uniform codes. Whenever,
in the course of administration of this code, it is necessary or advisable
to make an administrative decision or to take an administrative action
for which specific standards are not provided, then the decision or
action shall be made according to the purpose and intent of this code
as determined through the Board of Code Review.
[Ord. No. 1304 §85, 10-21-2009]
A.
All
terms and words used in this code and not specifically defined shall
be interpreted and given meaning according to their common understanding
and to provide reasonable application of the purpose and intent of
the regulations. Whenever the context requires, unless otherwise specifically
defined, in the application of these regulations, then the terms and
phrases used shall be interpreted in the following manner:
1.
Words appearing in the singular number shall include the plural and
those appearing in the plural shall include the singular.
2.
Words used in the present tense shall include the past tense and
future tense and words used in the future tense shall include the
present and past tense.
3.
Words appearing the masculine gender shall include the feminine and
neuter genders.
4.
The term "person" does and shall include the terms "firm", "partnership", "corporation", "association", "governmental body" and all other legal entities, as well as an individual.
5.
The word "shall" is mandatory, while the word "may" is permissive.
6.
The term "City" shall mean Mission, Kansas, and
the term "Board" shall mean the City Council of Mission,
Kansas.
7.
The phrases "these regulations" and "this
code" shall refer to the Code of Regulations for Buildings
and Construction.
[Ord. No. 1304 §86, 10-21-2009]
Nothing contained in this code shall be deemed or construed
to grant any vested interest to any person beyond the express limited
terms of any permit and these regulations are expressly declared to
be subject to amendment, change or modification as may be deemed necessary
for the public health, safety or welfare. Further, neither this code
nor any specific provision, decision or action taken under the Code
shall be construed or deemed as a warranty or representation of the
City of Mission or its employees that any building or construction
practice is acceptable or of a proper or workmanlike quality and the
provisions of this code do not waive any immunity or defense of the
County under the provisions of the Kansas Tort Claims Act nor assume
any responsibility or liability for any building, construction or
construction practice approved or accepted under this code.
[Ord. No. 1304 §87, 10-21-2009]
Nothing contained in this code shall be deemed to alter or to
modify the application of the City of Mission's Zoning and Subdivision
Regulations to any particular use of land and all permits issued pursuant
to this code shall be subject to all appropriate and compatible zoning
regulations applicable to the land upon which the activity is to be
conducted including, but not limited to, the erection, location and
use of the buildings and structures. Further, any land use or activity
that is permitted, allowed or authorized by any particular zoning
classification or special use permit granted for a particular tract
of land shall not be subject to nor affected by this code. Moreover,
nothing contained in this code shall be deemed to alter or to modify
any other provision of any Federal or State law or regulation or any
Code ordinance or resolution of the City which may apply to any specific
act or activity also regulated by this code and the code shall, to
the extent necessary, be interpreted and applied in conjunction with
any other code or regulation or law which may also be applicable.
