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 Goessel, Kansas;

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

(c)   Whenever the term building official is used in the building code, it shall be held to mean the director of public works or his or her authorized designee.

(Code 2000)

(a)   There is hereby adopted and incorporated by reference, for the purpose of establishing rules and regulations for the construction, alterations, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, the International Building Code, 2018 Edition as recommended by the International Conference of Building Officials, such code being made as part of the ordinances and code of the city as if the same had been set out in full herein, all as authorized and in the manner prescribed by K.S.A. 12-3009 through 12-3012 including any amendments thereto. No fewer than three copies of the Uniform Building Code shall be marked or stamped “Official Copy as Incorporated by the Code of the City of Goessel,” and shall be filed with the city clerk to be open to inspection and available to the public at all reasonable hours of business.

(b)   Any person violating any provision of such code shall be punished as provided in section 1-116 of this code.

(Ord. 125, Sec. 1; Code 2000; Ord. 304)

The following sections of this article are in addition to the provisions of the standard code incorporated by reference in section 4-102.

(Code 2000)

(a)   This and other articles of the city relating generally to building and structures shall be administered and enforced by the director of public works. The director of public works 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 and the inspection of building work.

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

(Ord. 125, Sec. 4; Code 2000)

The director of public works may assume the responsibilities of or the mayor may appoint some qualified officer or employee of the city to be and perform the duties of building inspector as may be required, subject to the consent and approval of the governing body.

(Ord. 125, Sec. 4; Code 2000)

The building inspector shall have the following duties:

(a)   To enforce all regulations relating to construction, alteration, repair, removal and demolition of building and structures;

(b)   May permit, with the approval of the governing body, on the basis of duly authenticated reports from recognized sources, the use of new materials or modes of construction, not provided for in this article, and may, for the purpose of carrying out the intent of this article adopt an accepted standard of material or workmanlike practices of federal or state bureaus, national, technical organizations or fire underwriters;

(c)   To examine all buildings in the process of erection, construction, alteration or relocation in the city for the purpose of determining whether the work is in compliance with the permit given and in compliance with the regulations of the city pertaining to such work, including zoning regulations; and;

(d)   To keep comprehensive records of applications, of permits or certificates issued, of inspections made, of reports rendered, and of notices or orders issued. All such records shall be open to public inspection during stated office hours, but shall not be removed from the office of the building official without his or her written consent.

(Code 2000)

The building inspector shall have the following powers:

(a)   To enter any building or structure or premises at any reasonable hour, whether complete or in the process of erection, to perform the duties contained in this chapter;

(b)   To adopt and enforce all such prudent emergency measures as he or she may deem necessary and expedient for the public safety under the laws of the city;

(c)   May cause any work done in violation of this chapter to be discontinued until he or she shall have satisfactory evidence that the work will be done in accordance with the building regulations of the city, subject to the right of any builder or owner to appeal to the governing body.

(Code 2000)

The building inspector, or his or her agent, upon proper identification, shall have authority to enter any building, structure or premises at any reasonable hour to perform his or her duties as set out in this chapter.

(Code 2000)

(a)   The governing body shall be the final determiner of the scope and meaning of all provisions of the building code which may be unclear, ambiguous, or requiring interpretation.

(b)   The building inspector shall have power to modify any of the provisions of the building code upon application in writing by the owner or lessee or his or her authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code. In approving modifications, the building inspector shall see that the spirit of the code is observed, public safety secured and substantial justice done. The particulars of a modification when granted or allowed and the decision of the inspector thereon shall be entered upon the records of the building inspector and a signed copy shall be furnished to the applicant.

(Code 2000)

It shall be unlawful for any person to construct, reconstruct, repair or move any commercial building, residential building and any other building or structure within the city limits without first obtaining from the building inspector or mayor of the city a permit for such construction, reconstruction, repair or moving of any commercial, residential or any other building or structure in the city. The applicant for such permit shall at the time of making application therefor, deposit with the city clerk a fee equal to the basic fee established in CGK 4-115(a), and if such permit is granted, the fee shall be retained by the city as the basic minimum charge. The permit shall be issued when the city office receives the approval of the building inspector or mayor that the application for the building permit meets all city zoning and subdivision regulations set by ordinance.

(Ord. 187, Sec. 1)

No permit for the construction, reconstruction, repair or moving of any commercial, residential and any other building or structure shall be granted by the building inspector or mayor of the city until the applicant therefor shall have submitted application containing the following information and evidence thereof;

(a)   That the applicant file with the governing body detailed plans and specifications of the construction, reconstruction or repair to be made to any commercial, residential and any other building or structure, together with the type of materials to be used therein and the location of all sewer, electrical and other utility entrances to the building.

(b)   A map or plat of the area in which such construction, reconstruction or repair is to be made, showing the proposed location of such construction, reconstruction or repair and showing the location of all residences, buildings or other structures in the immediate vicinity of such proposed site of such construction, reconstruction or repair.

(c)   All buildings to be constructed, or repaired shall be in accordance with good building practices and must be of construction equal to or better and must conform to housing or commercial buildings within an area of 300 feet from the proposed site of such construction, reconstruction or repair.

(d)   All new construction or reconstruction of any commercial, residential and any other building or structure must have a minimum of 10 foot setback from the property line of the front of the building. If construction is on a corner lot, then there must also be a 10 foot setback from the side property line which is adjacent to the street. If the lot in question is not a corner lot, then any construction or reconstruction shall not be made closer than five feet from the side or rear property lines (measured from eave or solar unit whichever extends farthest). If the existing building, in the area as above, sets back more than 10 feet on the front or on the side of a lot which is adjacent to a street, as on a corner lot, then the building for which a permit is sought must be in line with existing buildings in the areas as above described.

(e)   All commercial and residential buildings to be constructed or reconstructed must be connected to the sanitary sewer of the city if same is accessible or is within sewer district.

(f)   All of the above requirements together with any other requirements made by ordinances of the city shall apply to all buildings to be moved into the city from, outside the corporate limits of the city.

(g)   All applications for permits made hereunder together with the other necessary papers as herein required shall be submitted to the building inspector or mayor of the city at such time as to permit the governing body not less than 30 days to consider the granting of such permit herein.

(Ord. 127, Sec. 5)

No permit for the construction, reconstruction, repair or moving of any commercial, residential and any other building or structure in the city shall be granted until the applicant shall have supplied satisfactory evidence of adequate financial responsibility to respond and pay any damages resulting from the construction, reconstruction, repair or moving of any such building, and the governing body may, in its discretion demand a good and sufficient surety bond conditional that the application will comply with the provisions of this article, and they will protect the safety of persons and property in the vicinity of the location for which a permit is sought from damage and will pay such damages as are legally found to be the obligation of the licensee.

(Ord. 127, Sec. 6)

At the time of the granting of a permit and license and thereafter during construction, reconstruction, repair and moving, under the provisions of this article, the governing body may make such additional requirements as it may deem necessary for the protection and safety of persons and property in the territory likely to be affected by such construction, reconstruction, repair or moving as aforesaid.

(Ord. 127, Sec. 7)

This article shall not apply to any person making repairs of a minor nature to any building or structure of the value of less than $1,000. Nor shall the ordinance apply to any construction, reconstruction or repairs which has been commenced prior to the enactment of this article.

(Ord. 127, Sec. 8)

(a)   Basic Fee. A basic minimum charge of $25.00 for each building permit shall be paid as established in CGK Sec. 4-110. Additional charges shall be assessed as set forth herein.

(b)   New Construction Additional charges of $.15 per square foot shall be required for all new construction. The square feet chargeable shall be defined as the total square feet of the exterior dimensions for each floor including the square feet of the exterior dimensions of a basement. New basements under pre-existing houses shall be charged $.15 per square feet of the exterior dimensions of the basement. Manufactured housing shall be charged $.15 per square feet of the exterior dimensions of the structure. Detached garages shall be charged $.15 per square feet of its exterior dimensions.

(c)   Remodeling Additions and Home Improvements. Additional charges of $.10 per square foot shall be required for home improvements and for remodeling or adding storage sheds, carports, attached garages, breezeways, covered walkways, porches, decks, canopies and accessory structures to an existing business or house. The chargeable square feet shall be defined as the total square feet area enclosed by the exterior dimensions of the building or structure for which the permit is issued.

(d)   Manufactured Home Park District.

(1)   Before a manufactured home shall be moved or relocated, a permit of $50 shall be paid by the owner of a manufactured home park when a manufactured home is moved or relocated into, out of, or within the park.

(2)   The owner of the manufactured home park shall be subject to and liable for the permit requirements. A fine not to exceed $500 may be assessed against any manufactured home park owner if any manufactured home is relocated or moved in without first obtaining the required permit.

(e)   Inspection Fee. An initial inspection fee of $150.00, and an inspection fee at the rate of $150.00 per hour for virtual inspections and a minimum 2 hours charged if an on-site inspection is required for each subsequent inspection that shall be paid before any building or construction work will be approved or a certificate of approval issued or water and sewer services are permanently established for the site.

(Ord. 187; Ord 309)

A copy of the building permit shall be kept on the premises for public inspection during the performance of the work and until the completion of the same. The building inspector may require a certified copy of the approved plans to be kept on the premises at all times from the commencement of the work to the completion thereof.

(Code 2000)

(a)   It is the policy of the city to allow residents and/or owners of property to make necessary repairs to their homes and accessory buildings without having to first purchase a building permit if the structure is not altered, added to or deleted in any way.

(b)   Repairs and/or maintenance for general upkeep purposes of buildings and/or structures include roofing, siding, painting, replacement of windows and/or doors and any inside remodeling that does not alter the structure in any way (alteration of interior load bearing walls will require a building permit).

(c)   General repairs shall meet all requirements of the Uniform Building Code adopted herein at section 4-102.

(d)   Repairs and/or replacement of plumbing systems shall meet all requirements of the Uniform Plumbing Code adopted herein at section 4-302 for the purpose of establishing basic goals in environmental sanitation through properly designated, installed and maintained plumbing systems.

(e)   Repairs and/or replacement of electricity for light, heat, power, radio, television, signaling and for other purposes shall meet all requirements of the National Electrical Code adopted herein at section at 4-202 for the governing body for the purpose of safeguarding of persons and of buildings and their contents from the use of the electricity.

(Ord. 126, Secs. 1:5)

Upon the completion of any work pursuant to a building permit, the chief building official, the building inspector, or his or her designee is authorized to issue a certificate of approval for the occupancy and use of the building or structure. The certificate may, at the inspector’s option, show the number of inspections made and the orders and corrections required during the course of the work. A copy of such certificate shall be given to the owner.

(Ord. 187, Sec. 3)

(a)   The contractor or builder having a permit for new construction, or additions to existing buildings, shall notify the chief building official or building inspector immediately upon the marking or laying out of the site and foundation for such work. The official or inspector shall be notified to inspect the layout for conformity with this article and with respect to lot lines, setbacks and location of the proposed buildings to determine conformity with the city zoning regulations. In case of doubt respecting the required location, the chief building official may require an official survey of the lot lines to determine conformity, at the expense of the permit holder.

(b)   Upon completion of the excavation for the building foundation and footings and the construction of the necessary forms thereof and before the foundation and footing s are poured or laid, the official or inspector shall be notified as in the first case, and it shall be his or her duty to inspect all such work for conformity with laws respecting location of the building foundations and footings.

(c)   The building inspector shall during the course of all building make such other inspections as may be directed by the chief building official to be made during any successive stage of the construction or other work covered by a permit in order to secure compliance with laws pertaining thereto.

(Code 2000)

Upon the completion of any building construction work covered by this article, it shall be the duty of the person doing such work to notify the building inspector and request that it be inspected; after which such work shall be inspected promptly as hereinafter provided.

(Code 2000)