Chapter IV · Buildings and Construction

ARTICLE 2. BUILDING AND TRADE CODES

Sections 4-201 to 4-216 · 20 sections

4-201 Energy Conservation Code.

(a)[Adoption.] Certain documents, three copies of which are on file and are open for inspection of the public in the office of code services are marked and designated as the International Energy Conservation Code, 2006 edition, published by the International Code Council, be and is hereby adopted as the Energy Conservation Code of the City of Iola, in the State of Kansas for regulating and governing energy efficient building envelopes and installation of energy efficient mechanical, lighting and power systems as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Energy Conservation Code on file in the office of the City of Iola are hereby referred to, adopted, and made a part hereof, as if fully set out in this legislation, with the additions, insertions, deletions and changes, if any, prescribed herein.

(b)Certificate of compliance. No certificate of occupancy will be issued to a new residential dwelling or new commercial building until the code services officer has received a certificate of compliance from the owner that the residential dwelling or commercial building meets the standards set forth in International Energy Conservation Code. Such certificate of compliance shall include supporting statements from the architect and/or contractor, if either or both such persons were employed in the design and construction of the new residential dwelling or new commercial building. Receipt by the city of such certificate of compliance shall be required for permanent utility service.

(c)Amendments. The following sections are hereby revised:

Section C101.1 and R101.1 Title of the Energy Conservation Code is amended by insertion of “City of Iola” in the brackets.

(Ord. 3361, § 1, 10-16-07; Ord. 3431, § 1, 3-24-14; Ord. 3471, 3-13-17; Code 2016, Sec. 14-30)

4-202 Building Code; Residential Code; Existing Building Code.

(a)[International Building Code, 2012 edition.] Certain documents, three copies of which are on file and are open for inspection of the public in the office of code services are marked and designated as the International Building Code, 2012 edition, including Appendix Chapters D, G, and I, published by the International Code Council, be and is hereby adopted as the Building Code of the City of Iola, in the State of Kansas for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use and the demolition of such structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Building Code on file in the office of the City of Iola are hereby referred to, adopted, and made a part hereof, as if fully set out in this legislation, with the additions, insertions, deletions and changes prescribed in section 4-202.1.

(b)[International Residential Code, 2012 edition.] Certain documents, three copies of which are on file and are open for inspection of the public in the office of the code services are marked and designated as the International Residential Code, 2012 edition, including Appendix Chapters A, B, C, D, E, G, and H, published by the International Code Council, be and is hereby adopted as the Residential Code of the City of Iola, in the State of Kansas for regulating and governing the construction, alteration, movement, enlargement, replacement, repair, equipment, location, removal and demolition of detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories in height with separate means of egress as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all regulations, provisions, penalties, conditions and terms of said Residential Code on file in the office of the City of Iola are hereby referred to, adopted, and made a part hereof, as if fully set out in this section, with the additions, insertions, deletions and changes prescribed in section 4-202.1.

(c)[International Existing Building Code, 2012 edition.] Certain documents, three copies of which are on file and are open for inspection of the public in the office of code services are marked and designated as the International Existing Building Code, 2012 edition, published by the International Code Council, be and is hereby adopted as the Existing Building Code of the City of Iola, in the State of Kansas for regulating and governing the repair, alteration, change of occupancy, addition and relocation of existing buildings, including historic buildings, as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Existing Building Code on file in the office of the City of Iola are hereby referred to, adopted, and made a part hereof, as if fully set out in this legislation, with the additions, insertions, deletions and changes, if any, prescribed in section 4-202.1.

(Ord. 3361, § 1, 10-16-07; Ord. 3431, § 3, 3-24-14; Code 2016, Sec. 14-31)

4-202.1 Same; amendments.

The following sections are hereby revised:

Section 101.1 Title of the Building Code is amended by insertion of City of Iola in the brackets.

Section R101.1 Title of the Residential Code is amended by insertion of City of Iola in the brackets.

Section 101.1 Title of the Existing Building Code is amended by insertion of City of Iola in the brackets.

Section R105.2 Work Exempt from Permit Building Item #1 of the Residential Code is hereby amended to read as follows:

(1) One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet (18.58 sq. m).

Section 105.2 Work Exempt from Permit Building Item #1 of the Existing Building Code is amended to read as follows:

(1) Sidewalks and driveways not more than 30 inches above the adjacent grade, and not over any basement or story below, and except when located on City right-of-way or within a city easement or when part of an accessible route.

Section 105.2 Work Exempt from Permit Building Item #2 of the Building Code is hereby deleted.

Section R105.2 Work Exempt from Permit Building Item #2 of the Residential Code is hereby deleted.

Section 105.2 Work Exempt from Permit Building Item #6 of the Building Code and Section R105.2 Work Exempt from Permit Building Item #5 of the Residential Code are amended to read as follows: Sidewalks and driveways not more than 30 inches above the adjacent grade, and not over any basement or story below, and except when located on City right-of-way or within a city easement or when part of an accessible route.

Section 109.2 Schedule of Permit Fees of the Building Code and Section R108.2 Schedule of Permit Fees of the Residential Code are hereby amended to read as follows: 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 in the city’s fee resolution.

Section 109.4 Work Commencing Before Permit Issuance of the Building Code and Section R108.6 Work Commencing Before Permit Issuance of the Residential Code are hereby amended to read as follows: Any person who commences work on a building, structure, electrical, gas, mechanical, or plumbing system before obtaining the necessary permits shall be subject to 100 percent of the usual permit fee in addition to the required permit fees. Where equipment replacements or repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the building official and the usual permit fees shall apply.

Section 109.6 Fee Refunds of the Building Code and Section R108.5 Fee Refunds of the Residential Code are hereby amended to read as follows: The code official shall authorize the refunding of fees as follows:

(1) The full amount of any fee paid hereunder which was erroneously paid or collected.

(2) Not more than 80% of the permit fee paid when no work has been done under a permit issued in accordance with this code.

(3) Not more than 80% of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended.

The code official shall not authorize the refunding of any fee paid, except upon written application filed by the original permittee not later than 180 days after the date of fee payment.

Table 301.2(1) of the Residential Code: Insert the following design criteria:

GROUND SNOW LOAD	WIND DESIGN		SEISMIC DESIGN CATEGORY	SUBJECT TO DAMAGE FROM
	Speed (mph)	Topographic effects		Weathering	Frost line depth	Termite
20 psf	90	No	A	Severe	24”	Moderate to Heavy

WINTER DESIGN TEMP	ICE BARRIER UNDERLAYMENT REQUIRED	FLOOD HAZARDS	AIR FREEZING INDEX	MEAN ANNUAL TEMP
7°	No	Firm 2011 2001C01 70F	699	56.4°

Section R309.5 Fire Sprinklers of the Residential Code is hereby deleted.

Section R313 Automatic Fire Sprinkler Systems of the Residential Code is hereby deleted. Section R501.3 Fire Protection of Floors of the Residential Code is hereby deleted.

Section N1104.1 (R404.1) Lighting Equipment (Mandatory) of Part IV—Energy Efficiency of the Residential Code is hereby deleted.

Section 1401.2 Applicability of the Existing Building Code is hereby amended to read as follows: Structures existing prior to the adoption of this code, March 24, 2014, in which there is work involving additions, alterations or changes of occupancy shall be made to conform to the requirements of this chapter or the provisions of Chapters 5 through 13. The provisions of Sections 1401.2.1 through shall apply to existing occupancies that will continue to be, or are proposed to be, in Groups A, B, E, F, M, R and S. These provisions shall not apply to buildings with occupancies in Group H or I.

Section 1612.3 Establishment of Flood Hazard Areas of the Building Code is amended by insertion of City of Iola in the brackets for NAME OF JURISDICTION and insertion of July 14, 2009 in the brackets for DATE OF ISSUANCE.

Section P2603.5.1 Sewer Depth of the Residential Code is hereby amended to read as follows: Building sewers shall be installed not less than 24 inches below grade.

(Ord. 3431, § 4, 3-24-14; Code 2016, Sec. 14-31.1)

4-203 National Electric Code adoption.

Certain documents, three copies of which are on file and are open for inspection of the public in the office of code services are marked and designated as the National Electric Code, 2011 edition, published by the NFPA, be and is hereby adopted as the Electric Code of the City of Iola, in the State of Kansas for regulating and governing electric installations within the corporate limits of the city; and each and all of the regulations, provisions, penalties, conditions and terms of said Electric Code on file in the office of the City of Iola are hereby referred to, adopted, and made a part hereof, as if fully set out in this legislation.

(Ord. 3361, § 1, 10-16-07; Ord. 3431, § 5, 3-24-14; Code 2016, Sec. 14-32)

4-204 Incorporating International Plumbing Code.

Certain documents, three copies of which are on file and are open for inspection of the public in the office of code services are marked and designated as the International Plumbing Code, 2012 edition, published by the International Code Council, be and is hereby adopted as the Plumbing Code of the City of Iola, in the State of Kansas for regulating and governing the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of plumbing systems as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Plumbing Code on file in the office of the City of Iola are hereby referred to, adopted, and made a part hereof, as if fully set out in this legislation, with the additions, insertions, deletions and changes, if any, prescribed in section 4-204.1.

(Ord. 3361, § 1, 10-16-07; Ord. 3431, § 6, 3-24-14; Code 2016, Sec. 14-33)

4-204.1 Same; amendments.

The following sections are hereby revised:

Section 101.1 Title of the Plumbing Code is amended by insertion of City of Iola in the brackets.

Section 106.6 Fees of the Plumbing Code is hereby amended to read as follows: The permit fees for plumbing work shall be as indicated in the city’s fee resolution.

Section 106.6.1 Work commencing before permit issuance. Any person who commences work on a plumbing system before obtaining the necessary permits shall be subject to 100 percent of the usual permit fee in addition to the required permit fees. Where equipment replacements or repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the building official and the usual permit fees shall apply.

Section 106.6.2 Fee refunds. The code official shall authorize the refunding of fees as follows:

1. The full amount of any fee paid hereunder which was erroneously paid or collected.

2. Not more than 80% of the permit fee paid when no work has been done under a permit issued in accordance with this code.

3. Not more than 80% of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended.

The code official shall not authorize the refunding of any fee paid, except upon written application filed by the original permittee not later than 180 days after the date of fee payment.

Section 108.4 Violation Penalties of the Plumbing Code is hereby amended to read as follows: Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair plumbing work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as provided in Section 1-109 of the City of Iola Code of Ordinances. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

Section 108.5 Stop Work Orders of the Plumbing Code is hereby amended to read as follows: Upon notice from the code official, work on any plumbing system that is being done contrary to the provisions of this code or in a dangerous or unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner’s agent or to the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. 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 provided in Section 1-109 of the City of Iola Code of Ordinances.

Section 305.4.1 Sewer Depth of the Plumbing Code is hereby amended to read as follows: Building sewers shall be installed not less than 24 inches below grade.

(Ord. 3431, § 7, 3-24-14; Code 2016, Sec. 14-33.1)

4-205 Incorporating International Fuel Gas Code.

Certain documents, three copies of which are on file and are open for inspection of the public in the office of code services are marked and designated as the International Fuel Gas Code, 2012 edition, published by the International Code Council, be and is hereby adopted as the Fuel Gas Code of the City of Iola, in the State of Kansas for regulating and governing fuel gas systems and gas-fired appliances as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Fuel Gas Code on file in the office of the City of Iola are hereby referred to, adopted, and made a part hereof, as if fully set out in this legislation, with the additions, insertions, deletions and changes, if any, prescribed in section 4-205.1.

(Ord. 3361, § 1, 10-16-07; Ord. 3431, § 8, 3-24-14; Code 2016, Sec. 14-34)

4-205.1 Same; amendments.

The following sections are hereby revised:

Section 101.1 Title of the Fuel Gas Code is amended by insertion of City of Iola in the brackets.

Section 106.6 Fees of the Fuel Gas Code is hereby amended to read as follows: The permit fees for installation work regulated by this code shall be as indicated in the city’s fee resolution.

106.6.1 Work commencing before permit issuance. Any person who commences installation work regulated by this code before obtaining the necessary permits shall be subject to 100 percent of the usual permit fee in addition to the required permit fees. Where equipment replacements or repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the building official and the usual permit fees shall apply.

106.6.2 Fee refunds. The code official shall authorize the refunding of fees as follows:

1. The full amount of any fee paid hereunder which was erroneously paid or collected.

2. Not more than 80% of the permit fee paid when no work has been done under a permit issued in accordance with this code.

3. Not more than 80% of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended.

The code official shall not authorize the refunding of any fee paid, except upon written application filed by the original permittee not later than 180 days after the date of fee payment.

Section 108.4 Violation Penalties of the Fuel Gas Code is hereby amended to read as follows: Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as provided in Section 1-109 of the City of Iola Code of Ordinances. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

Section 108.5 Stop Work Orders of the Fuel Gas Code is hereby amended to read as follows: Upon notice from the code official, work on installation that is being done contrary to the provisions of this code or in a dangerous or unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner’s agent or to the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. 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 provided in Section 1-109 of the City of Iola Code of Ordinances.

Section 406.4.1 Test Pressure of the Fuel Gas Code is hereby amended to read as follows: The test pressure to be used shall be no less than 1 ½ times the proposed maximum working pressure, but not less than 15 psig for a minimum of 15 minutes for all steel yard lines and 50 psig for a minimum of 30 minutes for all plastic yard lines. Where the text pressure exceeds 125 psig, the test pressure shall not exceed a value that produces a hoop stress in the piping greater than 50 percent of the specified minimum strength of the pipe.

Section 406.4.2 Test Duration of the Fuel Gas Code is hereby amended to read as follows: Test duration shall be not less than ½ hour for each 500 cubic feet of pipe volume of fraction thereof. When testing a system having a volume less than 10 cubic feet or a system in a single-family dwelling, the test duration shall be not less than 15 minutes. The duration of the test shall not be required to exceed 24 hours.

(Ord. 3431, § 9, 3-24-14; Code 2016, Sec. 14-34.1)

4-206 Housing Code adoption.

Certain documents, three copies of which are on file and are open for inspection of the public in the office of code services are marked and designated as the International Property Maintenance Code, 2012 edition, published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the City of Iola, in the State of Kansas for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the City of Iola are hereby referred to, adopted, and made a part hereof, as if fully set out in this legislation, with the additions, insertions, deletions and changes, if any, prescribed in section 4-207.1.

(Ord. 3361, § 1, 10-16-07; Ord. 3431, § 10, 3-24-14 Code 2016, Sec. 14-35)

4-207.1 Same; amendments.

The following sections are hereby revised:

Section 101.1 Title of the Property Maintenance Code is amended by insertion of City of Iola in the brackets.

Section 103.5 Fees of the Property Maintenance Code is hereby deleted.

Section 112.4 Failure to Comply of the Property Maintenance Code is hereby amended to read as follows: 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 provided in Section 1-109 of the City of Iola Code of Ordinances.

Section 302.4 Weeds of the Property Maintenance Code is hereby replaced with Chapter 98 Article IV of the City of Iola Code of Ordinances.

Section 304.14 Insect Screens of the Property Maintenance Code is hereby amended to read as follows: Every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition.

Exception: Screens shall not be required where other approved means, such as air curtains or insect repellant fans, are employed.

Section 309.3 Single Occupant of the Property Maintenance Code is hereby amended to read as follows: The occupant of a one-family dwelling or of a single-tenant nonresidential structure shall be responsible for pest elimination on the premises after 30 days of occupancy.

Section 602.3 Heat Supply of the Property Maintenance Code is hereby amended to read as follows: Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat to maintain a temperature of not less than 68° F (20° C) in all habitable rooms, bathrooms and toilet rooms.

Exceptions:

1. When the outdoor temperature is below the winter outdoor design temperature for the City, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the International Plumbing Code.

2. In areas where the average monthly temperature is above 30° F (-1° C) a minimum temperature of 65° F (18° C) shall be maintained.

Section 602.4 Occupiable Work Spaces of the Property Maintenance Code is hereby amended to read as follows: Indoor occupiable work spaces shall be supplied with heat to maintain a minimum temperature of 65° F (18° C) during the period the spaces are occupied.

Exceptions:

1. Processing, storage and operation areas that require cooling or special temperature conditions.

2. Areas in which persons are primarily engaged in vigorous physical activities.

(Ord. 3431, § 11, 3-24-14; Code 2016, Sec. 14-35.1)

4-208 Incorporating International Mechanical Code.

Certain documents, three copies of which are on file and are open for inspection of the public in the office of code services are marked and designated as the International Mechanical Code, 2012 edition, published by the International Code Council, be and is hereby adopted as the Mechanical Code of the City of Iola, in the State of Kansas for regulating and governing the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of mechanical systems as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Mechanical Code on file in the office of the City of Iola are hereby referred to, adopted, and made a part hereof, as if fully set out in this legislation, with the additions, insertions, deletions and changes, if any, prescribed in section 4-208.1.

(Ord. 3361, § 1, 10-16-07; Ord. 3431, § 12, 3-24-14; Code 2016, Sec. 14-36)

4-208.1 Same; amendments.

The following sections are hereby revised:

Section 101.1 Title of the Mechanical Code is amended by insertion of City of Iola in the brackets.

Section 106.5 Fees of the Mechanical Code is hereby amended to read as follows: The permit fees for mechanical work shall be as indicated in the city’s fee resolution.

106.5.1 Work commencing before permit issuance. Any person who commences work on a mechanical system before obtaining the necessary permits shall be subject to 100 percent of the usual permit fee in addition to the required permit fees. Where equipment replacements or repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the building official and the usual permit fees shall apply.

106.5.2 Fee refunds. The code official shall authorize the refunding of fees as follows:

1. The full amount of any fee paid hereunder which was erroneously paid or collected.

2. Not more than 80% of the permit fee paid when no work has been done under a permit issued in accordance with this code.

3. Not more than 80% of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended.

The code official shall not authorize the refunding of any fee paid, except upon written application filed by the original permittee not later than 180 days after the date of fee payment.

Section 108.4 Violation Penalties of the Mechanical Code is hereby amended to read as follows: Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair mechanical work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as provided in Section 1-109 of the City of Iola Code of Ordinances. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

Section 108.5 Stop Work Orders of the Mechanical Code is hereby amended to read as follows: Upon notice from the code official, work on any mechanical system that is being done contrary to the provisions of this code or in a dangerous or unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner’s agent or to the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping work. 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 provided in Section 1-109 of the City of Iola Code of Ordinances.

(Ord. 3431, § 13, 3-24-14; Code 2016, Sec. 14-36.1)

4-209 Fire limits established.

The fire limits of the city are hereby established as follows: That territory within and enclosed by a line commencing at the northeast corner of Lot 7, Block 46, thence west along the south line of Monroe Street to the northeast corner of Lot 7, Block 43, thence south along the west side of the alley to the southeast corner of Lot 12, Block 43, thence west to the southwest corner of Lot 12, Block 43, thence south on the east side of Walnut Street to the northwest corner of Lot 9, Block 59, thence west along the south side of Jackson Street to the northwest corner of Lot 3, Block 58, thence south to the southwest corner of Lot 3, Block 58, thence west to the southwest corner of Lot 5, Block 58, thence south along the east side of Chestnut Street to the southwest corner of Lot 6, Block 71, thence east to the southeast corner of Lot 7, Block 71, thence south to the northeast corner of Lot 4, Block 74, thence south to the southeast corner of Lot 4, Block 74, thence south 15 feet across the alley to a point on Lot 7, Block 87, thence east to the northeast corner of Lot 7, Block 87, thence south to the southeast corner of Lot 7, Block 87, thence east to the southwest corner of Lot 6, Block 87, thence east across Walnut Street to a point described as being the southwest corner of Lot 7, Block 86, thence south along the east side of Walnut Street to the southwest corner of Lot 12, Block 86, thence east to the southeast corner of Lot 12, Block 86, thence south to the northeast corner of Lot 7, Block 91, thence south to the southeast corner of Lot 8, Block 91, thence east to the southeast corner of Lot 5, Block 91, thence north along the west side of Washington Avenue to the southeast corner of Lot 1, Block 86, thence east along the north side of Broadway Street to the southwest corner of Lot 12, Block 84, thence south on the east side of South Street to the southwest corner of Lot 9, Block 93, thence east to the southeast corner of Lot 4, Block 93, thence north along the west side of Jefferson Avenue to the southeast corner of Lot 1, Block 84, thence east along the north side of Broadway to the southwest corner of Lot 1, Block 83, thence north along the east side of the alley to the southwest corner of Lot 4, Block 83, thence east to the southeast corner of Lot 4, Block 83, thence north along the west side of Sycamore Street to the southeast corner of Lot 1, Block 46, thence west to the southeast corner of Lot 12, Block 46, thence north to the northeast corner of Lot 7, Block 46, to point of beginning, as shown by the original plat of the city.

(Ord. 3361, § 1, 10-16-07; Code 2016, Sec. 14-37)

4-210 Permits and permit fees.

(a)Building and trade permit fees as well as license fees shall be as established by the city’s fee resolution.

(b)Where work for which a permit is required has been started prior to issuance of a permit, unless specifically approved by the code enforcement officer, the first violation would result in a written notice of the violation and doubling the standard permit fee. The second and subsequent violation would result in written notice of the violation and the fee would be three times the standard permit fee. The code enforcement officer shall remit to the city clerk all fees received.

(c)Failure to pay the permit fees due will result in a freeze being placed on the issuing of permits to the person or contractor until the amount due is remitted to the city.

(Ord. 3361, § 1, 10-16-07; Code 2016, Sec. 14-38)

4-211 Public building roofs.

(a)Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Public building — means any church, school, city, county, state or federal owned building.

(b)Removal of roofs over one inch in thickness or certification of safety. Once a public building’s built-up roof has reached a thickness of one inch, the roof must be removed or the public entity must secure a certified statement from a structural engineer registered in the state saying that the roof supports will support the additional weight of added layers of roofing materials.

(c)Maximum thickness permitted. In no event shall the maximum thickness of any roof on a public building exceed one and three-fourths inches before removal of the roof is required.

(d)Section not exempt from IBC and/or IRC. Nothing in this section shall be construed to exempt any public building from any other provisions of the International Building Codes, as adopted.

(Ord. 3361, § 1, 10-16-07; Code 2016, Sec. 14-39)

4-212 Fire retardant treated wood.

Exterior walls and its components located inside the fire zone shall be of noncombustible material or fire retardant treated wood throughout with Underwriters’ Laboratories, Inc. or other nationally recognized testing laboratory seal of approval stamped in the wood. Any code services official, as authorized, may, at all reasonable hours, enter any building or premises for the purpose of making any inspection or investigation which, under the provisions of this section, such official may deem necessary.

(Ord. 3361, § 1, 10-16-07; Code 2016, Sec. 14-40)

4-213 Requirements for wiring in fire zone.

All electrical wiring installed in any building or structure within the fire limits within the city shall be in metal conduit or metal mold, except that whenever, in the opinion of the code services officer, it is physically impossible or impracticable to use metal conduit, the use of nonmetallic sheathed cable with ground may be authorized by the code services officer to such extent as the code services officer shall deem necessary and proper.

(Ord. 3361, § 1, 10-16-07; Code 2016, Sec. 14-41)

4-214 Trap and cleanout.

All buildings connected to the sanitary sewer system of the city shall hereafter have installed a house trap and a cleanout.

(Ord. 3361, § 1, 10-16-07; Code 2016, Sec. 14-42)

4-215 Street or alley openings; contractors responsibility.

(a)Street or alley opening, responsibility for maintenance. Whenever any contractor’s work necessitates the opening of any street or alley, the maintenance therefore shall be the responsibility of the contractor doing the work. If a contractor desires to repair an opening such contractor is responsible for the work for a period of one year.

(b)Repair of street or alley excavations; costs. The contractor may, at his or her option, request the city to repair any gravel alley or paved street after such contractor has opened the street or alley. The contractor, at the time of obtaining the permit, will upon application, request the street and alley department to repair the alley or street excavation. The charge for this work will be an amount established in the city’s fee resolution for repair and resurfacing of any gravel alley or street. The cost for repair of any seal coated, asphaltic concrete surface or concrete street or alley shall be an amount established in the city’s fee resolution. Charges for this work will be paid for by the contractor. If work is to be done by the city the contractor is to replace all material to a depth of 18 inches below the street or alley existing grade. Backfill material shall be dry and properly replaced so that maximum compaction may be obtained. The contractor shall furnish and maintain all lights and barricades around the excavation until the city completes the repairs. Any needed repairs not completed by the contractor in a satisfactory way shall be completed by the city in the above manner and billed to the contractor in accordance with the charges established.

(Ord. 3361, § 1, 10-16-07; Code 2016, Sec. 14-43)

4-216 Transfer of non-compliant real property.

It shall be unlawful for the owner of any dwelling unit or structure who has been served a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of said dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official, and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.

(Ord. 3361, § 1, 10-16-07; Code 2016, Sec. 14-44)