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Chapter 4 CHAPTER IV. BUILDING AND CONSTRUCTION

 

                                                Article 1.          Fire Limits

                                                Article 2.          Building Code

                                                Article 3.          Contractor Licensing Requirements

                                                Article 4.          Electrical Code

                                                Article 5.          Plumbing Code

                                                Article 6.          Mechanical Code

                                                Article 7.          Reserved

                                                Article 8.          Swimming Pools

                                                Article 9.          Television and Satellite Antennas

                                                Article 10.        Reserved

                                                Article 11.        Reserved

                                                Article 12.        Propane

 

 

ARTICLE 1. FIRE LIMITS

 

                       4-101.                          FIRE LIMITS DEFINED. That portion of the City embraced in all of Block 45; all of Lots I to 19, inclusive, in Block 46; all of Lots I to 16, inclusive, and all of Lots 21 to 24, inclusive, all in Block 55; and all of Lots I to 6, inclusive, and Lots 9 to 24, inclusive, all in Block 56, lying within the City of Hugoton shall constitute and be known as the fire limits of the City of Hugoton, Kansas. (Ord. 573, Sec. 1)

 

4-102.                                                    DEFINITIONS. Except where specifically defined herein, all words used in this article shall carry their customary meanings. The following are hereby specifically defined:

                                                              (a) Structure. Structure means a combination of materials other than a building to form a construction that is safe and stable. The term structure includes, but is not limited to, platforms, radio towers, sheds, storage bins and display signs.

                                                              (b) Marquee. Marquee shall mean a permanent roofed structure attached to and supported by the building and projecting out from the building.

                        (Code 1986)

 

                       4-103.                          PERMITS REQUIRED. (a) No building or structure shall be hereafter built, enlarged or altered in the fire limits in any way until and unless a complete plan of such work has been submitted to the city inspector who shall examine the plans. If he or she shall find and determine that the same complies with the provisions of this article and other ordinances of the city relating to buildings in the fire limits, he or she shall approve the application and a building permit shall be issued for the work by the city inspector.

                                                              (b) Any structure hereafter erected or located in the fire limits without a permit or which shall not conform to the provisions of the ordinance relating thereto shall be removed upon the order of the governing body.

                        (Code 1971; Code 1986)

 

                       4-104.                          INCOMBUSTIBLE WALL CORNICE AND ROOFS REQUIRED. The following rules and regulations shall be observed in construction of buildings within the fire limits: Every building hereafter erected within the fire limits shall be enclosed on all sides with walls 12 inches thick and constructed wholly of stone, well-burned brick, terra cotta, concrete, prestressed concrete or other noncombustible materials.  Every building hereafter erected within the fire limits shall have fire resistive doors and a fire resistive roof as specified under Chapter 7, Fire Resistance Rated Construction of the International Building Code, 2003 Edition. (Ord. 573, Sec. 2; Ord. 728, Sec. 1)

 

                       4-105.                          PERMISSIBLE STRUCTURES. Permissible structures within the fire limits of the city shall be as follows:

                                                              (a) No frame, ironclad or brick veneered structure shall hereafter be built in the fire limits except the following and all roofs placed upon such buildings or structures shall have a noncombustible covering:

                                                                        (1) Temporary one story frame buildings for use of builders;

                                                                        (2) Temporary structures not exceeding 150 square feet in area and eight feet in height. Such structures shall not be located within five             feet of any lot line, nor less than 30 feet from any other building over one      story high.

                                                              (b) No frame building shall be moved from without to within the fire limits nor from place to place within said limits.

                                                              (c) All structures built within the fire limits shall conform to the building code adopted by section 4-201 or the requirements of this article, whichever is the more restrictive.

                                                              (d) No fences of any type of construction shall be permitted within the fire limits.

                                                              (e) The governing body may, in certain instances, waive the requirements of subsection (a) of this section, provided that a determination is made by the governing body that the waiver will not create any fire hazard. Any applicant for such a waiver shall appear in person before the governing body and set forth in writing the reasons why the waiver should be granted. (Code 1971; Code 1986)

 

                       4-106.                          MARQUEES AND CANOPIES IN FIRE DISTRICTS.  (a) Marquees or canopies constructed with combustible material within the fire limits may be erected on approved fire walls of one story buildings or on buildings of more than one story if there are no openings in the fire wall above the top of the marquee or canopy.

                                                              (b) Only the top or roof may be constructed with combustible materials. All frame work, supporting members and the underneath side shall be constructed with noncombustible materials. The underneath side shall be tightly closed. Additional regulations shall be as follows:

                                                                        (1) The height of such marquee or canopy shall not exceed 15 feet above grade;

                                                                        (2) The horizontal projection from the building to the outermost point shall not exceed eight feet and in no case closer than two feet from the plane of any curbline;

                                                                        (3) All marquees or canopies projecting over a sidewalk or walkway shall provide a minimum clearance of eight feet.

                                                                        (4) The size, height, clearance and material of all marquees and canopies not otherwise specifically provided for herein shall be governed         by the decision of the city inspector subject to an appeal from his or her         decision to the governing body. (Code 1986)

 

                       4-107.                          REPAIRING FRAME BUILDINGS WITHIN FIRE LIMITS. Any existing building of wood frame construction now within the fire limits which may hereafter be damaged by fire, storm or in any other manner, shall not be repaired, enlarged or altered until a plan therefor shall have been presented to the city inspector, or other designated city officer and approved by him or her. A permit for such repairs, enlargement or alteration shall be issued to the owner or builder upon a finding that the proposed work would not increase the hazard of future fires to said building or surrounding buildings in the fire limits. (Code 1971)

 

                       4-108.                          PENALTY. Any person or organization violating any provisions of this article shall, upon conviction thereof, be fined in any sum not to exceed $25 for the first offense and shall be fined not more than $100 for each subsequent offense. Each day such violation continues shall be a separate offense. (Code 1986)

 

                       4-109.                          INTERNATIONAL FIRE CODE INCORPORATED. That certain standard code known as the "International Fire Code," Edition of 2003, published by the International Code Council, Inc., is adopted and incorporated herein by reference and made a part of this article, save and except such articles, sections, parts or portions as are hereinafter added, omitted, deleted, modified or changed. There shall be one copy of said International Fire Code, incorporated by reference herein, kept on file in the office of the city clerk and kept available for inspection by the public at all reasonable business hours. The filed copy of such standard code shall be marked or stamped "Official Copy as Incorporated by the Code of the City of Hugoton," with all sections or portions thereof intended to be added, omitted, deleted, modified or changed clearly marked to show any such additions, omissions, deletions, or changes from the standard code. (Ord. 727, Sec. 1)

                                                              Any person violating any provision of such code shall be punished as provided in such code if the penalty is specified therein, or in accordance with Section 1-115 of the Code of the City of Hugoton, Kansas, 1991. (Ord. 699, Sec. 3)

 

ARTICLE 2. BUILDING CODE

 

                       4-201.                          INTERNATIONAL BUILDING CODE INCORPORATED. That certain standard code known as the "International Building Code," Edition of 2003, published by the International Code Council, Inc., is adopted and incorporated herein by reference and made a part of this article, save and except such articles, sections, parts or portions as are hereinafter added, omitted, deleted, modified or changed. There shall be one copy of said Uniform Building Code, incorporated by reference herein, kept on file in the office of the city clerk and kept available for inspection by the public at all reasonable business hours. The filed copy of such standard code shall be marked or stamped "Official Copy as Incorporated by the Code of the City of Hugoton," with all sections or portions thereof intended to be added, omitted, deleted, modified or changed clearly marked to show any such additions, omissions, deletions or changes from the standard code. (Ord. 699, Sec. 1)

                                                              Any person violating any provision of such code shall be punished as provided in such code if the penalty is specified therein, or in accordance with Section 1-115 of the Code of the City of Hugoton, Kansas, 1991. (Ord. 697, Sec. 7)

 

                       4-202.                          FUEL GAS CODE INCORPORATED. That certain standard code known as the "International Fuel Gas Code," Edition of 2003, published by the International Code Council, Inc. is adopted and incorporated herein by reference and made a part of this article, save and except such articles, sections, parts or portions as are hereinafter added, omitted, deleted, modified or changed. There shall be one copy of said International Fuel Gas Code, incorporated by reference herein, kept on file in the office of the city clerk and kept available for inspection by the public at all reasonable business hours. The filed copy of such standard code shall be marked or stamped "Official Copy as Incorporated by the Code of the City of Hugoton," with all sections or portions thereof intended to be added, omitted, deleted, modified or changed clearly marked to show any such additions, omissions, deletions, or changes from the standard code. (Ord. 727, Sec. 6)

                                                              Any person violating any provisions of such codes shall be punished as provided in such codes if the penalty is specified therein, or in accordance with Section 1-115 of the Code of the City of Hugoton, Kansas, 1991. (Ord. 697, Sec. 7)

 

                       4-203.                          PERMITS REQUIRED. It shall be unlawful for any person to build, enlarge, alter, locate, relocate, move or remove any building or structure in or into the city until a permit therefor shall have been issued upon application to the city inspector as provided hereinafter. The city shall prepare and furnish application forms setting out information to be required of any applicant for a permit hereunder. Among other things, the governing body shall require:

                                                              (a) The submission of a plan of the proposed work;

                                                              (b) A statement of the type and kinds of materials to be used;

                                                              (c) The size of the proposed structure and the distance of the structure from all property lines and other structures on the property.

                                                              (d) The probable time work will start and the estimated completion date, and estimate of the cost thereof,

                                                              (e) The location of the same with respect to adjacent property lines;

                                                              (f) In general, the kind of work proposed to be done by the applicant. (Code 1971)

 

                       4-204.                          PERMIT; APPLICATION. Upon approval of the application by the city inspector, a building permit shall be issued. The permit shall give the legal description of the premises upon which the work is to be done and a description of the work authorized and shall also indicate the number of inspections to be made by the city. It shall be the duty of the permit holder and/or builder to see that all inspections are made as required by the permit. (Code 1971)

 

                       4-205.                          CITY INSPECTOR. The governing body shall appoint or designate some city officer or employee to act as city inspector for the purposes of this article. (Code 1971)

                                                              Ref.: See Section 1-413 of this code for duties of the building city inspector.

 

                       4-206.                          LOCATION OF BUILDING; LOT: INSPECTIONS. It shall be unlawful for any permit holder or builder to lay out or locate any structure or building upon any premises in the city in such a manner that water from a roof, downspout or other waste water will discharge upon premises of another. The building permit shall require that the first inspection shall be made upon completion of the layout of the building and before any excavation is made. (Code 1971)

 

                       4-207.                          BUILDING PERMIT FEES. The following fees shall be paid to the city upon the issuance of any building permit:

                                                              (a) Residential Construction: For new buildings or structures, remodeling or alterations, or accessory buildings, the sum of $1 per $1,000 of estimated valuation of the proposed structure shall be charged for the permit except that the maximum fee for a residential permit shall be $100.00.

                                                              (b) Commercial Construction:

                                                                        (1) For new buildings or structures, remodeling or alterations or accessory buildings, the sum of $5 for the first $1,000 or fraction thereof based upon the estimated cost of the building;

                                                                        (2) For each additional $1,000 or fraction of estimated cost up to $100,000 sum of $1.50

                                                                        (3) Each additional $1,000 or fraction of estimated cost over, $100,000 the sum of $.25.

                                                              (c) For moving buildings within, into or from the city, the sum of $15;

                                                              (d) No fee shall be required for any building permit when the governing body finds and determines that the applicant is an organization existing and operated exclusively for religious, charitable, scientific, literary, educational or non-profit purposes and is operated, supervised or controlled by such an organization and no part of the net earnings of such applicant inures to the benefit of any private charitable work or individual;

                                                              (e) Fees for construction, alteration, removal, repair, location or relocation of any building shall be in addition to any fee required for inspection of plumbing, gas fitting or electrical installations in any building;

                                                              (f) Permits and fees for buildings or structures located in the fire limits of the city shall be at the above rates for any such building so constructed and located. (Code 1971; Code 1983)

 

                       4-208.                          FENCES.  Except as otherwise provided in this article, fences may be permitted on private property only after a permit has been obtained from the City Building Official.  (Ord. 717)

 

                       4-209.                          FENCES EXCLUDED.  The use of split rails, ornamental iron, brick or stone, or wood pickets any of which are not more than two and one-half feet (2˝’) in height, and located no closer than ten feet (10’) from the property line, or a deck or patio enclosure for a principal building shall be excluded from these regulations and do not require a permit.  Also enclosures erected as a dog or compost containment area located in the rear yard, which are not more than seven feet (7’) high and constructed of a non-visual barrier type of material shall be excluded and not require a permit.  (Ord. 717)

 

                       4-210.                          WHERE PERMITTED.  A “no fee” permit must be obtained by the property owner or contractor and issued by the building inspector, prior to any fence installation, construction or erection.

                                      (a) All fences in the City shall be of chain link, galvanized woven wire, processed wood (pickets), commercial vinyl material or masonry products.  All fencing material must be approved by the city building department.

                                      (b) No fence of any type or construction may be erected on any city property without prior application and approval from the city zoning board.

                                      (c) Privacy type (90 percent or greater visual barrier).  Fence height shall not exceed the seven feet (7’) along the rear lot line and along side lot lines not to exceed the front line of the home.  In any front yard the height of the fence shall not exceed three feet (3’) from the adjacent grade or top of curb height designated by the Building inspector.  However, the fence may be uniformly tapered from seven feet (7’) from a line intersecting at the front edge of the building to the front property line. 

                                      (d) Chain link (30 percent or less visual barrier) or, non visual barrier fencing shall follow the same guidelines as a privacy fence but may be allowed a four foot (4’) front yard fence height.

                                      (e) Industrial (75 to 90 percent visual barrier type).  Business, recreational and Industrial privacy and protection fencing and fence material in zones B-1, B-2, or I-1 must have prior approval from the building inspector before installation.  Maximum height shall not exceed seven feet (7’).  Tennis court fencing may not exceed ten feet (10’) in height.

                                      (f) No fence shall be constructed on any street right of way or in such a manner as to be hazardous or dangerous to persons or animals or adversely affect the public welfare or safety.

                                      (g) No fence, shrub, tree, or any other visual barrier shall be so located or placed that it obstructs the vision of a motor vehicle driver approaching any street or intersection.  (Line of sight at all intersections shall conform to the * “sight triangle” of the City.

                                      (h) No fence shall be erected or maintained which will materially damage the adjacent property by view, sunlight, or ventilation obstruction.  (Ord. 717)

 

ARTICLE  3. CONTRACTOR LICENSING REQUIREMENTS

 

                      4-301.                          EXAMINATION FOR CONTRACTOR LICENSE REQUIRED. Before any person shall engage in the business of electrical wiring, plumbing, or heating and air conditioning, such person shall have taken and passed the standard examination required hereunder to determine the competency of such person for a license certificate detailed below in section 4-302 of this article; and no license shall be issued unless the applicant presents a current certificate issued to him or her pursuant to the provisions of this article. Exceptions:

                                                              (a) All public utilities installation contractors operating under contract to the city and working as installer of city owned public sewer and water lines installed underground, on or along city-owned alleys, street right-of-ways and dedicated utility easements, including the work of reconnection of all private sewer or water service lines to new, replaced or repaired public sewer or water lines, shall not be required to obtain the plumbing license required under this section. A plumbing permit will be required for each reconnection made (no fee charged) and each connection or reconnection shall be inspected by the city inspector.

                                                              (b) The license of a plumber shall also include gas fitting sprinkler systems and water conditioning.

                                                              (c) Property owner permitted to do certain work. Any permit required by this article may be issued to the property owner to do any work required by this article in a single family dwelling used exclusively for living purposes, including the usual accessory buildings in connection with such building, when such person is the bona fide owner of such building and when the building will be owned by the property owner for a period of two years from date of final inspection. In no case shall the owner be allowed to perform labor at the trade of any type of licensed contractor on any other building or construction project during the above mentioned two-year period, without first obtaining an appropriate license from the city, giving him or her the right to work at the trade of a licensed contractor. The owner shall personally purchase all material and perform all labor in connection therein, all according to code. The property owner shall assume all responsibility for any personal or property damage that may occur at any future date and shall procure required permits and call for any inspections required by code. (Ord. 565, Sec. 1)

 

                        4-302.                          LICENSE REQUIREMENTS. Licenses may be issued to anyone meeting all the requirements for any of the following license certificate categories.

                                                              (a) License Certificate Categories:

                                                                       (1) Building Contractor. Generally, those who have the knowledge and skill to build, construct, alter, repair, add to any building or structure (or for 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.

                                                                         A building contractor license may be issued to anyone 18 years of age or over who shall have the general knowledge and skills, as required above. No test for minimum competency as a building contractor is required.

                                                                        (2) Electrician. Those who have the knowledge and skill to install, repair, alter, add to or change any electrical wires, fixtures, appliances, apparatus, raceways, conduit or any part thereof, which generates, transmits, transforms or utilizes electrical energy in any form for light, heat, power or communications.

                                                                         An electrician license may be issued to anyone 18 years of age or over who shall have taken and passed the journeyman electrician certification test as prepared and published by Thompson Prometrics (Experior). A minimum test grade of 75 will be considered a passing grade.

                                                                       (3) Plumber. Those who have the knowledge and skill to install, maintain, repair, alter or extend plumbing, sprinkler systems, septic tanks, water supply     systems, storm sewer and all fixtures, appliances, appurtenances, apparatus or equipment used in connection wherewith, inside of, or attached to, any building, lot or premises; those who are qualified to install, maintain, repair, alter or extend gas piping, appliances, gas mains, lines, laterals, tank and other appurtenances in connection therewith; and those who are qualified to install, maintain and repair machinery tanks or devices used to treat water, including water softening equipment and the piping required for the installation of such equipment.

                        Plumber license may be issued to anyone 18 years of age or over who shall have taken and passed the journeyman plumber certification test as prepared and published by Thompson Prometrics (Experior). A minimum test grade of 75 will be considered a passing grade.

                                                                        (4) Mechanical (HARV) Contractor. Those qualified to install, maintain, repair, fabricate, alter, extend or design; central air conditioning, refrigeration, heating and ventilating, including ductwork, boiler and      unfired pressure vessel systems, lift stations, gasoline tank and pumps, fire sprinkler systems, fuel transmission lines, and all appurtenances, apparatus or equipment used in connection therewith.

                                                                         A mechanical (HARV) contractor license may be issued to anyone 18 years of age or over who shall have taken and passed the journeyman HARV certification test as prepared and published by Thompson Prometrics (Experior). A minimum test grade of 75 will be considered a passing grade.

                                                              (b) Experience. Applicant may be required to show proof of required experience before a license may be issued.

                                                              (c) Insurance Required. In addition to the above license requirements, and before the license is issued, the applicant shall file with the city inspector proof of a valid public liability and property damage insurance policy in effect which shall not be less than the amount of $250,000 combined single limited including (but not limited to) contractual liability, independent contractors and completed operations. Such insurance policy shall be in effect prior to the issuance of a general or limited contractor's license. The licensee shall also file annually, on or before January 1 of each year, proof of such insurance. If the policy expires or is cancelled, the contractor's license expires at the same time. The licensee shall notify the city inspector within five (5) days of such expiration or cancellation of insurance coverage.

                                                              (d) License Fees and Duration. License fees are as follows:

                                                              Building Contractor                             $50. 00.

                                                              Electrician                                           $50. 00.

                                                              Plumber                                               $50. 00.

                                                              Mechanical (HARV) Contractor           $50. 00.

                                                              All certificates and licenses shall be recorded in the office of the city clerk and shall not be transferable. All licenses expire on December 31 of each year and shall not be prorated; they may be renewed without re-examination upon application having been made within 30 days of the expiration and no proof having been presented that the holder is not entitled to renewal.

                                                              (e) License Suspension; Revocation; Appeal; Unlawful Acts.

                                                                        (1) The license of any contractor, as defined in section 4-302 herein, may be suspended temporarily, for a period of not to exceed 30 days at any one time, by the city inspector upon his or her own motion.             Notice shall be given in writing to such contractor giving reasonable notice of the matter alleged against such contractor involving any one or more of the following:

                                                                                  (i) Misrepresentation of a material fact by applicant in obtaining a license;

                                                                                  (ii) Use of license to obtain a permit for another;

                                                                                  (iii) Failure or neglect to observe conditions of permit authorizing encumbering of streets or sidewalks for safety of public;

                                                                                  (iv) Performance of any construction work without a permit where one is required by law; or

                                                                                  (v) Willful disregard of any violation of the construction laws, or failure to comply with any lawful order of the city inspector.

                                                                        (2) Along with a $25 fee, a licensee may appeal in writing to the city clerk from any order of the city inspector suspending his or her license. The building trades board shall no later than 10 (ten) days from             the date the appeal was filed conduct a hearing on the suspension. The building trades board may upon such hearing terminate such suspension, uphold such suspension or may revoke such license. If any license shall be revoked, the contractor shall not be eligible for a new license during a period of six months thereafter. No part of the appeals fee shall be refunded.

                                                                        (3) It shall be unlawful for a contractor who has had his or her license suspended or revoked to engage in the same occupation or trade during the time his or her license is suspended or revoked.

                                                                        (4) Construction, as defined herein, shall include electrical, plumbing, mechanical, heat and air conditioning, and building contractors.

                                                              (f) Display on Demand. It shall be the duty of every person doing work as a certified contractor to show the certificate issued to him or her under this article to any city official or law enforcement officer who shall ask to see the same. (Ord. 565, Sec. 1; Ord. 731; Code 1991)

 

                        4-303.                          LICENSE TESTING FORM AND PROCEDURE. (a) Statewide Standard Examination. Examination to determine competency for all categories in section 4-302 shall be administered by Thompson Prometrics (Experior) of St. Paul, Minnesota or their representative in accordance with their policies and procedures for the jurisdiction of the State of Kansas. The standard examinations prepared and published by Thompson Prometrics (Experior), 1260 energy Lane, St. Paul, Minnesota 55108, are hereby designated the standard examination for determining the qualifications of persons seeking a certificate recognized for the categories listed in section 4-302 of this article, within the city and the State of Kansas.

                                                              (b) Application for Examination. Any person desiring a certificate required by this article may obtain examination information from the city inspector.

                                                              (c) Eligibility for Examination. Refer to section 4-302 for the requirements for eligibility for examination for each of the license certificate categories detailed therein.

                                                              (d) Minimum Passing Score.

                                                                        (1) If the applicant for examination under this article attains a score of 75 percent or higher, the city inspector upon payment of the prescribed fee, and proof of liability insurance shall issue the appropriate      certificate to the applicant authorizing him or her to engage or work at the occupant of the successful license category, providing all other regulations are adhered to.

                                                                        (2) Any applicant failing to pass an examination may be re-examined at the next or any succeeding regularly scheduled examination date as provided above.

                                                                        (3) The applicant's certificate shall have the examination test score, the applicant’s assigned number and the date the test was completed. (Ord. 565, Sec. 1; Ord. 729, Sec. 1)

 

                        4-304.                          GRANDFATHERING CLAUSE. (a) Any individual who is presently licensed by the city at his or her contractor category on the effective date of this article need not submit to the taking of the aforementioned examination. If any such individual's license has expired, lapsed, or is cancelled, then he or she shall be tested in accordance with the aforementioned testing materials.

                                                              (b) Regarding those individuals who have not heretofore been required to be licensed to do business in the city for the occupations described in this article, such individuals, upon written application, will be granted a license at his or her license category, without taking the aforementioned examination; provided that such individual has performed work within the city within three years from the effective date of this article in the license certificate category specified in his or her application for license; and further provided that: (1) all such information provided shall be confirmed by the city inspector as to its validity, if the information given cannot he substantiated, the application will be disapproved by the review board and returned to the applicant; (2) prior to issuance of a license, the applicant must obtain and maintain the general liability insurance coverage required under section 4-302c of this article; (3) that such written application for a no-examination license under this subsection must be filed with the office of the city inspector 30 days from the effective date of this article; and (4) that if any such individual granted a license under this subsection seeks to be licensed at a different level of expertise, or if any such individual's license is expired, lapsed, or cancelled, then he or she shall be tested in accordance with the aforementioned testing materials. (Ord. 565, Sec. 3)

 

                        4-305.                          PENALTY. It shall be unlawful to perform any building or construction work, including electrical, plumbing and mechanical (HARV) work, within the corporate limits of the city without a permit or license where one is required. A violation of this article may result in the temporary suspension of any license issued hereunder, or in lieu thereof, the city inspector may file a complaint in the municipal court of the city against such person, or persons which are in violation of this article and upon conviction shall be punished by a fine not less than $50 nor more than $500, for each offense. For the purposes of this article, a separate offense shall be deemed committed on each violation, as defined herein. (Ord. 565, Sec. 5; Code 1991)

 

ARTICLE 4. ELECTRICAL CODE

 

                        4-401.                          NATIONAL ELECTRICAL CODE INCORPORATED.  (a) That certain standard code known as the "National Electrical Code," Edition of 2002, published by the National Fire Protection Association, is adopted and incorporated herein by reference and made a part of this article, save and except such articles, sections, parts or portions as are hereinafter added, omitted, deleted, modified or changed. There shall be no fewer than three (3) copies of said National Electrical Code, incorporated by reference herein, kept on file in the office of the City Clerk and kept available for inspection by the public at all reasonable business hours. The filed copies of such standard code shall be marked or stamped "Official Copy as Incorporated by the Code of the City of Hugoton," with all sections or portions thereof intended to be added, omitted, deleted, modified or changed clearly marked to show any such additions, omissions, deletions, or changes from the standard code. (Ord. 727, Sec. 3)

                                                              (b) All electric light, heat and power wires, fixtures, appliances, conductors, apparatus and their supports hereafter placed or installed in or upon any building, shop or other structure within the city shall be installed in accordance with the National Electrical Code except as the same may be modified and supplemented hereafter. (Ord. 697, Sec. 3)

                                                              (c) Any person violating any provisions of such codes shall be punished as provided in such codes if the penalty is specified therein, or in accordance with Section 1-115 of the Code of the City of Hugoton, Kansas, 1991. (Ord. 697, Sec. 7)

 

                        4-402.                          APPOINTMENT OF ELECTRICAL INSPECTOR; ASSISTANT. The governing body shall designate the city inspector to perform the duties of electrical inspector for the purpose of this article and may appoint an assistant to the city inspector who may be authorized to exercise duties of the electrical inspector in his or her absence. The city inspector and his or her assistant shall be experienced in electrical inspection work and well versed in rules of approved methods of electrical installations. They shall not engage in the electrical business, either directly or indirectly in the city, and shall have no financial interest in any concern so engaged in said city during such time as they shall perform the duties imposed upon them by this article. (Code 1971)

 

                        4-403.                          DUTIES OF INSPECTOR. The city inspector or his or her authorized assistant shall inspect all electric light, heat and power wires, fixtures, appliances, conductors and apparatus hereafter installed in or upon any and all buildings in the city and all such installations shall be made in accordance with the provisions of this article. He or she shall enforce or cause to be enforced such provisions of said article and, for that purpose, he or she shall have and is hereby given special police powers necessary therefore. He or she shall have the right to enter any building for the purpose of making any inspection required by this article. (Code 1971)

 

                        4-404.                          FIRES; POWERS OF INSPECTOR. The city inspector or his or her authorized assistant shall have the power to at once cause the removal of all wires or the turning off of all electricity where the same shall interfere with the work of the fire department during the progress of any fire in the city. (Code 1971)

 

                        4-405.                          ELECTRICAL INSPECTIONS. (a) The city inspector or his or her assistant shall inspect all installations of electrical wiring, fixtures and other equipment as required by this article within 48 hours (not including Sundays or legal holidays) of the receipt of notice that same is ready for inspection. He or she shall leave a suitable distinctive marker on or near the service cabinet which shall indicate that work has been approved (or disapproved).

                                                              (b) It shall be the duty of the person installing electrical wiring fixtures, appliances and apparatus to promptly notify the city inspector when same is ready for inspection. (Code 1971)

 

 

                        4-406.                          INSTALLATION QUESTIONS. The city inspector shall decide all questions not provided for in this article pertaining to the installation or use of electric wires, appliances or apparatus. (Code 1971)

 

                        4-407.                          CONDEMNATION OF WIRING. The city inspector shall have power and authority to condemn and cause the removal or necessary repair of any electric wiring, fixtures, appliances, conductors, apparatus or supports in or upon any building, shop, outhouse, shed or other structure within the city which may be considered as dangerous to life or property. He or she shall have the authority to require the cutting off of the electric current therefrom until such repairs or changes are made. All such orders shall be made in writing over the signature of said inspector. (Code 1971)

 

                        4-408.                          INSPECTION RECORDS. The city inspector shall make complete records of all permits issued, inspections and orders made, and certificates issued and all other official work performed under the provisions of this article. All necessary blanks and record books shall be provided by the city. (Code 1971)

 

                        4-409.                          ELECTRICIANS; DEFINITIONS. (a) An electrical contractor is a person who may conduct, carry on or engage in the business of electrical contracting and has passed a creditable examination and has provided proof of insurance to the city. (Code 1971)

 

                        4-410.                          LICENSE REQUIRED. (a) It shall be unlawful for any person to conduct, carry on or engage in the business of electrical contracting without first having had issued to him or her a valid license.

                                                              (b) Every license issued under this article shall be carried on the person. (Code 1983)

 

                        4-411.                          LICENSE AND INSURANCE. The city inspector shall issue licenses, as follows:

                                                              Every person who has passed the licensing requirement of Section 4-303 shall secure from the city inspector a license, which shall be the receipt for the payment of the required fee of $50 to do any type of electrical wiring, repairing or rewiring in any building or structure in the city and shall also file with the city inspector proof of a valid public liability and property damage insurance policy in effect which shall not be less than the amount of $250, 000 combined single limited including (but not limited to) contractual liability, independent contractors and completed operations. Such insurance shall be in effect prior to the issuance of an electrical contractor's license. The licensee shall also file annually, on or before January of each year, proof of such insurance. If the policy expires or is cancelled, the electrical contractor's license expires at the same time. The licensee shall notify the city inspector within five (5) days of such expiration or cancellation of insurance coverage.  (Code 2011)

 

                        4-412.                          PERMITS; PLANS; REQUIRED. (a) No person shall make any material alterations or additions in the existing wiring of any building nor shall any building be wired for electric lights, motors, heating devices or any apparatus requiring the use of electric current before making application in writing to the city inspector for a permit therefor. Applications for permits shall be made on blanks furnished by the city and shall set forth in detail such work to be done, location of buildings and the name of the owner: Provided, that no permit shall be required for maintenance of minor repairs. All plans for the wiring or rewiring of all residential dwellings larger than two-family and of all business buildings shall be approved by the inspector before a permit is issued. The permit shall contain the name of the person or firm doing the wiring work.   

                                                              (b) Permits to do electrical wiring work covered by this article shall be issued only to licensed electricians or electrical contractors upon payment of the fees required for such permits: Provided, That the owner of any building or structure to be wired or rewired may obtain permits hereinunder, as in the case of an electrician or contractor for work to be done personally by him or her on his or her own property.

                                                              (c) The permit shall disclose the work to be done, the location of the building or structure and shall authorize only such electrical work as may be described in the application. (Code 1971)

 

                        4-413.                          INSPECTION; CERTIFICATES. Upon completion of any work for which a permit has been issued hereunder, the permit holder shall immediately notify the city inspector when the same is ready for inspection. No workman shall bury, sheetrock, lath, ceil or in any manner cover any electrical wiring until inspection shall have been made and the installation approved. All plumbing, water steam or gas pipes for furnace stacks which are to be concealed shall be in place before the electrical wiring will be inspected. Upon inspection and approval thereof said inspector shall make a suitable marker or place a tag on the service cabinet which will indicate that the work has been approved and thereupon shall issue a certificate of approval, a copy of which shall be sent to the owner of the building. (Code 1971)

 

                        4-414.                          DEFECTIVE WORK; CORRECTION ORDERS. The city inspector shall have authority to remove or cause to be removed any building work or other forms which may interfere with proper inspection and shall cause all defective electrical wiring or work installed in violation of this article to be removed or corrected. If any work shall be found not to comply with the requirements thereof or to be unsafe and defective, he or she shall at once notify the party or parties doing such work of such defect and order him or her or them to change, rearrange or remove the same and, upon the party's or parties' failure to do so within a reasonable time such party or parties shall be deemed guilty of a violation of the provisions of this article; and each and every day which shall elapse after the expiration of said reasonable time as the same be fixed by the city inspector without a compliance with said order shall be considered a separate offense. (Code 1971)

 

                        4-415.                          LIABILITY: ELECTRICIANS; CITY. This article shall not be construed to remove or lessen the liability of any party owning, operating, controlling or installing any electrical equipment for damages to any person or property by any defect therein, nor shall the city be held as assuming any such liability by reason of the inspection authorized herein or certificate issued. (Code 1971)

 

                        4-416.                          NOTICE TO ELECTRICAL DEPARTMENT. Before any person, firm or corporation shall install or buy any electrical motor, the buyer or seller shall give notice thereof to the electric system supervisor and the department shall determine if the equipment and apparatus is of sufficient voltage or phase for the service available. (Code 1971)

 

                        4-417.                          INSPECTION FEES. No certificate of inspection shall be issued as herein provided until there shall have been paid to the city clerk or city inspector fees for such inspection at the following rates:

                                                              (a) Issuance of each permit...........................$1.50;

                                                              (b) Service entrance and/or meter loop...........1.00;

                                                              (c) Up to 101 amps..........................................3.00;

                                                              (d) 101 amps to 201 amps...............................4.00;

                                                              (e) Over 200 amps...........................................5.00;

                                                              (f) No. switches, outlets, lights.......................... .10;

                                                              (g) Other............................................................ .50;

                                                              (h) Reinspection fee..........................................5.00.  (Code 1991)

 

ARTICLE 5. PLUMBING CODE

 

                        4-501.                          INTERNATIONAL PLUMBING CODE INCORPORATED.  That certain standard code known as the “International Plumbing Code” Edition of 2003, published by the International Code Council, Inc., is adopted and incorporated herein by reference and made a part of this article, to save and except such articles, sections, parts or portions as are hereinafter added, omitted, deleted, modified or changed. There shall be no fewer than three (3) copies of said International Plumbing Code, incorporated by reference herein, kept on file in the office of the City Clerk and kept available for inspection by the public at all reasonable business hours. The file stamped copies of such standard code shall be marked or stamped “Official Copy as Incorporated by the Code of the City of Hugoton” with all sections or portions thereof intended to be added, omitted, deleted, modified or changed clearly marked to show any such additions, omissions, deletions, or changes from the standard code. (Ord. 727, Sec.4)

 

                        4-502                           APPOINTMENT OF PLUMBING INSPECTOR, ASSISTANT. The governing body shall designate the city inspector to perform the duties of plumbing inspector for the purpose of this article and may appoint an assistant to the city inspector in his or her absence. The city inspector and his or her assistant shall be experienced in plumbing inspection work and well versed in rules of approved methods of plumbing installations. They shall not engage in the plumbing business, either directly or indirectly in the city, and shall have no financial interest in any concern so engaged in said city during such time as they shall perform the duties imposed upon them by this article. (Code 2011)

 

                        4-503                           DUTIES OF INSPECTOR.  The city inspector or his or her authorized assistant shall inspect all plumbing and gas piping, fittings, fixtures, appliances and apparatus hereafter installed in or upon any and all buildings in the city and all such installations shall be made in accordance with the provisions of this article.  He or she shall enforce or cause to be enforced such provisions of said article and, for that purpose, he or she shall have and is hereby given special police powers necessary therefore.  He or she shall have the right to enter any building for the purpose of making any inspection required by this article, to the extent allowed by law.

 

                        4-504.                          PLUMBING INSPECTIONS. The city inspector or his or her assistant shall approve all installations of plumbing or gas lines such as:

                                                              a) The city inspector or his or her assistant shall inspect all installations of plumbing or gas piping, fittings, fixtures and other equipment as required by this article within 48 hours (not including Sundays or legal holidays) of the receipt of notice that same is ready for inspection. He or she shall leave a suitable distinctive marker on or near the site of the work being inspected which shall indicate that work has been approved (or disapproved).

                                                              b) It shall be the duty of the person installing plumbing or gas piping, appliances and apparatus to promptly notify the city inspector when same is ready for inspection.

 

                        4-505.                          INSTALLATION QUESTIONS. The city inspector shall decide all questions not provided for in this article pertaining to the installation or use of plumbing and gas piping, appliances or apparatus.

 

                        4-506.                          PERMANENT PLUMBING RECORDS. After any system of plumbing or addition to an old system has been finished, the plumber doing the work shall file an accurate description of same with the city inspector. The description should give exact location of all pipes, traps and the like together with the size of the same and also give the date of installation. (Code 1971) The city inspector shall make complete records of all permits issued, inspections and orders made, and certificates issued and all other of work performed under the provisions of this article. All necessary blanks and record books shall be provided by the city.

 

                        4-507.                          DEFINITIONS. (a) A plumber or gas fitter is a person who may conduct, carry on or engage in the business of plumbing or gas fitting, and has passed a creditable examination and has provided proof of insurance to the city.

                                                              (b) An appliance installer is a person, firm or corporation regularly engaged in the sale of gas burning appliances (such as, but not limited to, the sheet metal business) who may install gas burning appliances for which installations such person, firm or corporation is responsible to the purchaser thereof, without being registered hereunder. Such installation without a license shall not include the installation of any gas piping or the connection to the gas piping or the connection of the gas supply. Work done under this subsection shall be done in conformity with all other provisions of this code including those related to permits, fees, inspections and certificates of approval. (Code 1983)

 

                        4-508.                          LICENSE REQUIRED. (a) It shall be unlawful for any person to conduct, carry on or engage in the business of plumbing or gas fitting or act in the capacity of a plumbing or gas fitting contractor without first having had issued to him or her a valid license.

                                                              (b) A person holding a license as a gas fitter shall be prohibited from doing sanitary plumbing work or water supply piping unless he or she also holds a valid license as a plumber, with the exception that in conjunction with the installation of a gas appliance or gas water heater, the gas fitter may connect to existing water pipe openings and extend to the appliance, if a valid permit has been obtained and the installation follows the governing code. (Code 1983)

                                                              (c) Every license issued under this article shall be carried on the person.

 

                        4-509.                          PLUMBER'S LICENSE AND INSURANCE. The city inspector shall issue licenses as follows:

                                                              Every person who has passed the licensing requirement of Section 4-303 shall secure a license from the city inspector, which shall be the receipt for the payment of the required fee of $50 before engaging in the business of plumbing or gas fitting in the city and shall also file with the city inspector proof of a valid public liability and property damage insurance policy in effect which shall not be less than the amount of $250,000 combined single limited including (but not limited to) contractual liability, independent contractors and completed operations. Such insurance shall be in effect prior to the issuance of a plumbing contractor's license. The licensee shall also file annually, on or before January of each year, proof of such insurance. If the policy expires or is cancelled, the plumbing contractor license expires at the same time. The licensee shall notify the city inspector within five (5) days of such expiration or cancellation of insurance coverage.

 

                        4-510.                          GAS FITTER'S LICENSE AND INSURANCE. All gas fitting work for the installation, connection, extension, alteration or replacement of gas piping and fittings, or the repairing of gas piping and fittings and any kind of gas piping extensions or alterations of old or used installations for the supply and use of natural and artificial gas in all buildings in the city shall be done only by a person licensed as a gas fitter or plumber by said city. The provisions of section 4-509 shall also be applicable to any person performing gas fitting work. (Code 1971; 1983)

 

                        4-511.                          PERSONS EXEMPT FROM LICENSING, BONDS. Any gas utility company doing business under a franchise with the city shall not be required to secure a license or file a bond when engaged in the performance of duties, obligations or rights conferred upon such utility by the franchise. The employees and agents of the utility shall comply with the requirements of this code in all respects when engaged in work required by the further provisions to be performed by gas fitters. (Code 1979; Code 1983)

 

                        4-512.                          PLUMBER'S PERMITS; SEWER CONNECTION. Rules and regulations for plumber's permits and sewer connections shall be as follows:

                                                              (a) It shall be unlawful for any person to uncover a public sewer for any purpose or to open or remove any manhole, flush tank or inlet cover of any public sewer, or to make or cause to be made any connection with the main or lateral public sewers of the city without first having obtained a written permit from the city. Said permit shall be granted on a written application describing the contemplated work, the premises to be sewered and the plumbing fixtures to be installed. No permit shall be issued to any person who is not licensed as a plumber by the city.

                                                              (b) No permit shall be issued to connect any premises with any sewer main outside of a sewer district or to make connections with a main or a lateral sewer for the purposes of sewering any property which shall have not been assessed for the improvement or which is not legally liable to special assessment for the cost of the sewer laterals until a written application shall have been presented to the governing body by the owner and the fee which shall have been fixed and determined on each application by the governing body shall have been paid to the city. (Code 1971)

                                                              Ref.: Sewer connection regulations, section 15-501:512.

 

                        4-513.                          INSPECTION AND CERTIFICATES. Upon completion of any work for which a permit has been issued hereunder, the permit holder shall immediately notify the city inspector when the same is ready for inspection. No workman shall bury, sheetrock, lath, ceil, or in any manner cover any plumbing or gas piping until inspection shall have been made and the installation approved. Upon inspection and approval thereof said inspector shall make a suitable marker or place a tag at the site of the work being inspected which will indicate that the work has been approved and thereupon shall issue a certificate of approval, a copy of which shall be sent to the owner of the building.  (Code 2011)

 

                        4-514                           LIABILITY: PLUMBERS; CITY. This article shall not be construed to remove or lessen the liability of any party owning, operating, controlling or installing any plumbing or gas fitting for damages to any person or property by any defect therein, nor shall the city be held as assuming any such liability by reason of the inspection authorized herein or certificate issued.  (Code 2011)

 

                        4-515.                          INSPECTION FEES. (a) No certificate of inspection shall be issued as herein provided until there shall have been paid to the city clerk or city inspector fees for such inspection at the following rates:

                                   

                                                              Issuance of each permit                      $ 5.00;

                                                              Closet (toilet)                                       0.50;

                                                              Bathtub                                                0.50;

                                                              Lavatory                                               0.50;

                                                              Shower                                                0.50;

                                                              Kitchen Sink (and Disposal)                0.50;

                                                              Dishwasher                                          0.50;

                                                              Clothes Washer                                   0.50;

                                                              Urinal                                                   0.50;

                                                              Drinking Fountain                                0.50;

                                                              Floor Drain                                           0.50;

                                                              Other Sinks                                          0.50;

                                                              Water Heater                                       0.50;

                                                              Other fixtures                                       0.50;

                                                              Water treating equipment                    1.00;

                                                              Lawn sprinkler system                         1.00;

                                                              Vacuum breakers                                 0.50;

                                                              Gas                                                      5.00;

                                                              Reinspection fee                                  5.00.  (Code 1991)

 

ARTICLE 6. MECHANICAL CODE

 

                        4-601.                          INTERNATIONAL MECHANICAL CODE INCORPORATED. That certain standard code known as the “International Mechanical Code,” Edition of 2003, published by the International Code Council, Inc., is adopted and incorporated herein by reference and made a part of this article, save and except such articles, sections, parts or portions as are hereinafter added, omitted, deleted, modified or changed. There shall be no fewer than three (3) copies of said International Mechanical code, incorporated by reference herein, kept on file in the office of the city clerk and kept available for inspection by the public at all reasonable business hours. The filed copies of such standard code shall be marked or stamped "Official Copy as Incorporated by the Code of the City of Hugoton," with all sections or portions thereof intended to be added, omitted, deleted, modified or changed clearly marked to show any such additions, omissions, deletions, or changes from the standard code. (Ord. 727, Sec. 5)

                                                               Any person violating any provision of such code shall be punished as provided in such code if the penalty is specified therein, or in accordance with Section 1-115 of the Code of the City of Hugoton, Kansas. (Ord. 697, Sec. 7)

 

                        4-602.                          APPOINTMENT OF MECHANICAL INSPECTOR, ASSISTANT. The governing body shall designate the city inspector to perform the duties of mechanical inspector for the purpose of this article and may appoint an assistant to the city inspector who may be authorized to exercise duties of the mechanical inspector in his or her absence. The city inspector and his or her assistant shall be experienced in mechanical inspection work and well versed in rules of approved methods of heating, central air conditioning, refrigeration, or ventilation systems. They shall not engage in the mechanical business either directly or indirectly in the city, and shall have no financial interest in any concern so engaged in said city during such time as they shall perform the duties imposed upon them by this article.  (Code 2011)

 

                        4-603.                          DUTIES OF INSPECTOR. The city inspector or his or her authorized assistant shall inspect all heating, central air conditioning, refrigeration, and ventilation systems hereafter installed in or upon any and all buildings in the city and all such systems shall be made in accordance with the provisions of this article. He or she shall enforce or cause to be enforced such provisions of said article and, for that purpose, he or she shall have and is hereby given special police powers necessary therefore. He or she shall have the right to enter any building for the purpose of making any inspection required by this article.  (Code 2011)

 

                        4-604.                          MECHANICAL INSPECTIONS. The city inspector or his or her assistant shall approve all installations of mechanical systems such as:

                                                              (a) The city inspector or his or her assistant shall inspect all installations of mechanical systems, apparatus, or equipment as required by this article within 48 hours (not including Sundays, or legal holidays) of the receipt of notice that same is ready for inspection. He or she shall leave a suitable distinctive marker on or near the site of the work being inspected which shall indicate that work has been approved or (disapproved).

                                                              (b) It shall be the duty of the person installing mechanical systems, apparatus, or equipment to promptly notify the city inspector when same is ready for inspection.  (Code 2011)

                       

                        4-605.                          INSTALLATION QUESTIONS. The city inspector shall decide all questions not provided for in this article pertaining to the installation of heating, central air conditioning, refrigeration, and ventilation systems, equipment, or apparatus.  (Code 2011)

 

                        4-606.                          INSPECTION RECORDS. The city inspector shall make complete records of all permits issued, inspections and orders made, and certificates issued and all other official work performed under the provisions of this article. All necessary blanks and record books shall be provided by the city.  (Code 2011)

 

                        4-607.                          MECHANICAL CONTRACTORS, DEFINITIONS. (a) A mechanical contractor is a person who may conduct, carry on or engage in the business of mechanical contracting and has passed a creditable examination and has provided proof of insurance to the city.  (Code 2011)

 

                        4-608.                          LICENSE REQUIRED. (a) It shall be unlawful for any person to conduct, carry on or engage in the business of mechanical contracting without first having had issued to him or her a valid license.

                                                              (b) Every license issued under this article shall be carried on the person.  (Code 2011)

 

                        4-609.                          LICENSE AND INSURANCE. The city inspector shall issue licenses as follows:

                                                              Every person who has passed the licensing requirement of Section 4-303 shall secure from the city inspector a license, which shall be the receipt for the payment of the required fee of $50 to do any type of heating, central air conditioning, refrigeration, or ventilation work in the city and shall also file with the city inspector proof of a valid public liability and property damage insurance policy in effect which shall not be less than the amount of $250,000 combined single limited including (but not limited to) contractual liability, independent contractors and completed operations. Such insurance shall be in effect prior to the issuance of a mechanical contractor's license. The licensee shall also file annually, on or before January of each year, proof of such insurance. If the policy expires or is cancelled, the mechanical contractor's license expires at the same time. The licensee shall notify the city inspector within five (5) days of such expiration or cancellation of insurance coverage.  (Code 2011)

 

                        4-610.                          INSPECTIONS AND CERTIFICATES. Upon completion of any work for which a permit has been issued hereunder, the permit holder shall immediately notify the city inspector when the same is ready for inspection. No workman shall sheetrock, lath, ceil or in any manner cover any mechanical system until inspection shall have been made and the installation approved. Upon inspection and approval thereof said inspector shall make a suitable marker or place a tag at the site of the work being inspected which will indicate that the work has been approved and thereupon shall issue a certificate of approval, a copy of which shall be sent to the owner of the building.

 

                        4-611.                          LIABILITY: MECHANICAL CONTRACTORS, CITY. This article shall not be construed to remove or lessen the liability of any party owning, operating, controlling or installing any mechanical equipment for damages to any person or property by any defect therein, nor shall the city be held as assuming any such liability by reason of the inspection authorized herein or certificate issued.  (Code 2011)

 

                        4-612.                          INSPECTION FEES. No permit shall be issued to install a mechanical system unless there shall have been paid to the city clerk or city inspector the following fees:

                                                              Issuance of each permit                                            $5.00;

                                                              Forced Air Furnace, including 100M BTU/H             3.00;

                                                              Forced Air Furnace, over 100M BTU/H                    3.75;

                                                              Any Floor Furnace                                                    3.00;

                                                              Heater: Unit, Wall, Room                                          3.00;

                                                              Appliance Vent Relocated/Replaced                        1.50;

                                                              Repairs, Alterations, Addition to Equipment             1.00;

                                                              Air Conditioning, 3HP or Less                                  3.00;

                                                              Air Conditioning, over 3HP                                       5.00;

                                                              Ventilation Fan                                                         1.50;

                                                              Ventilation System                                                    2.50;

                                                              Commercial Type Incinerator                                   10.00;

                                                              Any Other Regulated Appliance/Equipment             1.00;

                                                              Reinspection Fee                                                     7.50.  (Code 1991)

 

ARTICLE 7. RESERVED

 

 


ARTICLE 8. SWIMMING POOLS

 

                        4-801.                          DEFINITION. A public swimming pool shall mean any artificial or controlled body of water used primarily for swimming or recreative bathing having a depth of two feet at any point and a surface area of 200 square feet open to the public or operated in conjunction with any business open to the public and where a fee is charged for the use thereof. (Code 1971)

 

                        4-802.                          DEFINITION. A family swimming pools shall mean any artificial or controlled body of water, except inflatable pools, used primarily for swimming or recreative bathing by the owner or lessee or friends and patrons thereof invited and permitted to use such pool without charge. (Code 1971)

 

                        4-803.                          PERMIT REQUIRED. Before work is commenced on the construction of either a public or family swimming pool, or any alteration, addition, remodeling, or other improvement thereto, a permit for such work must be obtained from the city inspector. The application should be accompanied with complete plans and specifications for such work. (Code 1971)

 

                        4-804.                          PLANS AND DRAWINGS. All plans and drawings required in section 4-803 shall be drawn to scale on paper or cloth, in ink, or by some process that will not fade or obliterate. All distances and dimensions shall be accurately figured and drawings made explicit and complete showing lot lines including information pertaining to the pool, walk, and fence construction, water supply system, drainage, and water disposal systems, and all appurtenances pertaining to the public or family swimming pool. Detailed plans and vertical elevations shall also be provided. (Code 1971)

 

                        4-805.                          CONSTRUCTION; PERMIT FEE. There shall be a fee of $10 charged for a permit to construct any private swimming pool. (Code 1971)

 

                        4-806.                          LOCATION. (a) A public swimming pool may be permitted in any area zoned for business, semi-business, commercial, or industrial use. Such swimming pool may be located upon the lot to conform with the existing building code for such areas.

                                                              (b) Family swimming pools may be located in areas zoned for residential, business, semi-business, commercial, or industrial uses. No family swimming pool may be located nearer to the street property line, alley property line, or said property line, than as herein set forth. No wall of a family swimming pool shall be located at a distance of less than eight feet from any side or rear property line or less than 30 feet from the front property line. All pumps, filters and pool water disinfection equipment, and other equipment necessary thereto in the operation and maintenance of said swimming pool shall also conform to the foregoing restrictions. (Code 1971)

 

                        4-807.                          CONSTRUCTION; OPERATION; REQUIREMENTS. All public swimming pools shall be designed and operated to conform to the regulations as set out by the Kansas State Department of Health and Environment.  All family swimming pools shall be constructed, operated and maintained in conformity with the following requirements:

                                                              (a) Material. The water-containing surface shall be light in color, impervious, and provide a tight tank with smooth and easily cleaned surfaces. Sand or dirt bottoms are prohibited.

                                                              (b) Walls and Markings. The wall of the pool shall be vertical. Conspicuous markings shall be provided at regular intervals showing the depth of the pool. Special markings for large and odd shaped pools shall be prescribed by the city inspector.

                                                              (c) Water Supply and Outlets. The pool shall be equipped with water inlets and outlets of sufficient size and proper location to provide a uniform circulation of water in all parts of the pool. All water inlets shall be located not less than one foot above the rim of the pool, or shall be provided with a vacuum breaker sufficient in size to prevent backflow in the event of lowered pressure in the public water lines. All drainage of the pool shall be into a storm sewer, disposal well, or sprinkled onto the yard or lawn in such manner that no runoff will enter into any street, alley or adjoining property. In no case shall the drain of any swimming pool be discharged into the sanitary sewers of the city.

                                                              (d) Water in Pool. The water in the swimming pool shall meet the requirements of the Kansas State Department of Health and Environment for safe drinking water. (Code 1971)

 

                        4-808.                          WIRING AND PLUMBING.  The wiring and plumbing of all swimming pools, both family and public, must meet the requirements of the codes of the city.  (Code 1971)

 

                        4-809.                          WALK AREA PROVIDED. Both family and public swimming pools shall be provided with an unobstructed walk area of not less than four feet in width and extending entirely around the pool. The walk area shall be constructed with impervious material and the surface shall be of such as to be smooth and easily cleaned and of non-slip construction. The slope of the walk shall have a pitch of at least one-fourth inch per foot, designed to prevent back drainage from entering the pool. (Code 1971)

 

                        4-810.                          ENCLOSURE APPROVED. All swimming pools, both family and public, shall be completely enclosed by a fence. All fence openings or points of entry into the pool or enclosure shall be equipped with gates. Both the fence and gates at all swimming pools, except at motels, shall be not less than 60 inches in height above the walk grade level, and the fence and gates at all motel swimming pools shall not be less than 48 inches in height above the walk grade level. All fences and gates shall be constructed of a minimum number nine gauge woven wire mesh, corrosion-resistant material or material approved by the city inspector. All gates shall be equipped with self-closing and self-latching devices placed at the top of the gate and made inaccessible to small children. All fence poles shall be decay-resistant or corrosion-resistant and shall be set in concrete bases, or as otherwise approved by the city inspector. (Code 1971)

 

                        4-811.                          INSPECTION. The city inspector of the city shall inspect or cause to be inspected, all swimming pools, both family and public, within the city at such times as he or she may deem necessary to carry out the intent of this article. The city inspector of the city, or his or her duly authorized agent, is hereby authorized to enter upon any premises, private or public, to take samples of water from such swimming pools at such times as he or she may deem necessary and to require the owner, proprietor, or operator thereof to comply with the provisions of this article. The city inspector of the city shall have the power to abate or cause a suspension of the use of such pool until such time as the same is, in his or her opinion, no longer a menace or hazard to health, safety or morals of the residents of the city, or other persons using such swimming pools. (Code 1971)

 

ARTICLE 9. TELEVISION AND SATELLITE ANTENNAS

 

                        4-901.                          PURPOSE. For the better protection of life and property and in the interest of public safety, the following rules and regulations are hereby adopted for the installation of outdoor television, AM and FM receiving and transmitting antennas and satellite antennas within the city. (Code 1971)

 

                        4-902.                          SPECIFICATIONS. These specifications shall apply to television, AM, and FM, amateur and commercial receiving and transmitting antennas.

                                                              (a) Masts or antennas must be of noncombustible and noncorrosive material except that in the case of ground support, a wooden pole may be used when adequately treated with a wood preservative. When a mast or antenna is installed on a roof, it must be mounted on its own platform and be securely anchored with guy wires. Masts and antennas must not be fastened to the roof or supported by combustible members or materials.

                                                              (b) Outdoor antennas must be of an approved type and shall not exceed the maximum height of 30 feet above a roof support or 70 feet above ground support. In areas where reception may be affected by the obstruction of tall buildings, antennas in excess of the above specified height may be installed only when approved by the governing body. Every antenna must be adequately grounded for protection against a direct stroke of lightning, with the ground wire as specified in the 2002 National Electrical Code. In no case shall an antenna be installed nearer to street or sidewalk than the height of the antenna plus 10 feet unless approved by the governing body. Anchor points for antennas, masts and guy wires must be anchor screws or lead expansion shields drilled into solid block, concrete or other noncombustible construction. No wires, cables, or guys shall cross or extend over any part of a public street, way or sidewalk.

                                                              (c) In case of an amateur or domestic receiving antenna where the set is installed in a private residence, the antenna may be installed on the roof of a frame structure: Provided, That the supports and anchor screws are securely fastened to rafters or beams or other substantial members: Provided further, That no antenna installed on the roof of a frame construction or in any way supported by material of combustible construction shall exceed a height of 30 feet above the roof of the building. (Code 1971)

 

                        4-903.                          SAME; ADDITIONAL SPECIFICATIONS.

                                                              (a) Transmission lines must be kept at least 12 inches clear of existing telephone or light wires. Rawl plugs are provided only for supporting transmission lines. Standoff support insulators must be used at least every 10 feet in running the transmission line down the building.

                                                              (b) Lightning arresters shall be approved by the Underwriters' Laboratories, Inc. and both sides of the line must be adequately protected with proper arresters or neon lamps to remove static charges accumulated on the line, except when a folded dipole or other type of antenna is used which is already grounded to the mast. When lead-in conductors of polyethylene ribbon type are used, lightning arresters must be installed in each conductor. If a coaxial cable is used for the lead-in, suitable protection may be provided without lightning arresters by grounding the exterior metal sheath.

                                                              (c) Antennas shall be designed and installed in such manner as to resist a wind pressure of 25 pounds per square foot and in no case shall guy wires be less than three thirty-seconds of an inch (3/32") five strand cable or equivalent, galvanized. Rawl plugs must NOT be used for securing guy wires or mounting brackets.

                                                              (d) Ground wire must be of the type approved by the 2002 edition of the National Electrical Code, for grounding masts and lightning arresters and must be installed in a mechanical manner with as few bends as possible, maintaining a clearance of at least two inches from combustible material.

                                                              (e) Guy wires supporting the mast must be of the type approved by the National Electrical Code incorporated by section 4-401. The guy wire, when attached to the anchor screw, must maintain a clearance of at least two inches from combustible material and must be insulated with a proper insulator placed anywhere in the guy wire.

                                                              (f) Ground straps for grounding masts and attaching arresters to water pipe must be approved ground fittings.

                                                              (g) The miscellaneous hardware such as brackets, turnbuckles, thimbles, clips etc., must be hot dipped galvanized, or similarly treated for weather protection. The turnbuckles must be protected against turning by threading the guy wires through the turnbuckles. (Code 1971)

 

                        4-904.                          RESTRICTED INSTALLATIONS. (a) No electrical materials, devices or apparatus designed for attachment to or installation on any electrical circuit or system for television, AM, FM, amateur and commercial receiving and transmitting antennas shall be installed, used, sold or offered for sale for use in the city, unless they are in conformity with the approved methods of construction for safety to life and property.

                                                              (b) Conformity of electrical materials, devices or apparatus with the standards of the Underwriters' Laboratories, Inc., are approved for use in the city.

                                                              (c) The maker's name, trademark or other identification symbol shall be placed on all electrical devices which use 115 volts or more and which are sold or offered for sale or use or are used in the city. These markings and others such as voltage, amperage, wattage and power factor or appropriate ratings described in the National Electrical Code incorporated by section 4-401 are necessary to determine the character of the material, device or equipment and the use for which it is intended. (Code 1971)

 

                        4-905.                          PERMIT REQUIRED. Work shall not be commenced on the installation of receiving or transmitting antennas before a permit therefor is obtained from the city inspector after approval by the city inspector. An inspection fee of $10 shall be paid for each permit.  A reinspection fee of $5 shall be made for each trip when extra inspections are necessary for any one of the following reasons:

                                                              (a) Wrong address;

                                                              (b) Condemned work resulting from faulty construction;

                                                              (c) Repairs or corrections not made when inspector is called;

                                                              (d) Work not ready for inspector when called. (Code 1971, 4-705)

 

                        4-906.                          INSPECTION. The city inspector and his representatives are hereby empowered to inspect or reinspect any wiring, equipment or apparatus conducting or using electric current for television, AM, FM, amateur and commercial receiving and transmitting antennas in the city and if conductors, equipment or apparatus are found to be unsafe to life or property, the inspector shall notify the person, firm, or corporation owning or operating the hazardous wiring or equipment to correct the condition within the time specified by the inspector. Failure to correct violations in the specified time constitutes a violation of this article and each day of the continuance of the violation shall be considered a separate offense and punishable separately. (Code 1971)

 

                        4-907.                          COMMERCIAL INSTALLATIONS EXCEPTED. The provisions of this article shall not apply to commercial broadcasting and other commercial transmitting stations: Provided, That the height of the antenna does not exceed 30 feet above a roof support or 70 feet above a ground support. (Code 1971)

 

                        4-908.                          SATELLITE ANTENNA.  As used in this article, "satellite antenna" shall mean any antenna of the parabolic or dish type which is larger than one meter (1 m) and all equipment attached thereto or used therewith. (Ord. 652, Sec.1)

 

                        4-909.                          PERMIT.  No satellite antenna shall be erected or existing satellite antenna structurally altered or relocatedwithout a permit issued by the city inspector. The city inspector shall prepare suitable application forms setting out the information required of any application for a permit. A permit shall be valid for thirty (30) days from the date of issuance. An inspection fee of ten dollars ($10.00) shall be paid for each permit. (Ord. 652, Sec. 2)

 

                        4-910.                           INSTALLATION.  Satellite antenna shall be installed in conformity with the following:

  (a) Location - Satellite antenna shall be located in areas in which permanent improvements are permitted under the applicable zoning district regulations, but such antenna shall not be permitted to be placed in front yards, or corner lot side yards adjacent to a city street.

  (b) Size – Satellite antenna shall not exceed the height limitations of the applicable zoning district regulations.

  (c) Mounting – Satellite antenna shall be attached to the ground and shall be permanently affixed in concrete with such mounting attachments as necessary to assure stability.  However, commercial antenna may be roof mounted, provided engineering data assuring proper mounting and structural integrity shall be furnished with the permit application.

  (d) Licensing - Any person or firm engaged in the business of installation of satellite antenna shall procure a limited contractor license which will permit such person, firm or employee thereof to install satellite antenna.  A contractor's bond covering liability for personal injury in an amount of not less than $100,000.00 and property damage in an amount of not less than $10,000.00 shall be a prerequisite to the issuance of such license, provided that this ordinance shall not be construed to limit the liability in any way of a person or firm engaged in the business of installing satellite antenna.

  (e) Commercial Display - A person or firm actively engaged in the business of the sale and installation of satellite antenna may mount display satellite antenna upon a portable base, however should a display satellite antenna be moved to a location other than the place of business, the display satellite antenna shall not remain at the demonstration location for more than seven (7) days.

                                      (f) Variances - The Board of Zoning Appeals may grant variances from the foregoing rules and regulations upon a showing by the landowner that compliance would cause undue hardship and that a variance would not be detrimental to the welfare of the community.  (Ord. 652, Sec. 3)

 

                        4-911.                          PENALTY.  Any person or firm violating the provisions of this ordinance shall upon conviction be sentenced to pay a fine of not more than One Hundred ($100.00). After written notice of violation, each day shall constitute a separate offense. (Ord. 652, Sec. 4)

           

 

 

 

 

 

 

 

 

 


ARTICLE 10. RESERVED

 


ARTICLE 11.  RESERVED

 


ARTICLE 12. PROPANE

 

4-1201.                        PROPANE PROHIBED. (a) As a safety concern, the use of propane for home or business heating is prohibited.

                                      (b) This section shall not apply to space heaters in a well ventilated shop or garage area, provided such use is only on an incidental basis. "Incidental use" is defined as less than eight hours per day.

                                      (c) This section shall not apply to the use of propane tanks on recreational vehicles or travel trailers, or similar type of vehicles, provided that capacity of the propane tank on such vehicles or trailers shall not exceed the capacity to hold in excess of 100 lbs. of propane. An automobile trailer, an automobile trailer house, or an automobile trailer coach is defined as any vehicle that is mounted on wheels or may be mounted on wheels and which is constructed in such matter as to permit its use for sleeping quarters and/or living quarters, or for any trade, profession or business, whether it is self - automotive or drawn by another vehicle.  (Ord. 686)

 4-1202.                       ENFORCEMENT.  (a) The building inspector of the City is charged with the enforcement of this article and, for that purpose, he or she shall have and is hereby given special police powers necessary therefor. The public officers shall have the right and authority to enter upon such premises at reasonable hours for the purpose of making any inspection required by this article. Such entries shall be made in a manner as to cause the least possible inconvenience to the persons in possession of the structure. If such entry is refused, the public officer may seek an order for this purpose from a Court of competent jurisdiction.

  (b) If the city inspector finds a violation of this article, he or she shall at once notify the party or parties of the violation of such ordinance and order him or her or them to discontinue the use of and remove such propane tanks, and upon the parties' failure to do so within a reasonable time such party or parties shall be deemed guilty of a violation of the provisions of this ordinance; and each and every day which shall elapse after the expiration of the said reasonable time shall be fixed by the city inspector without a compliance with said order shall be considered a separate offense.

                        (Ord. 686)

 

4-1203.                        PENALTY.  Any person or organization violating any provision of this article shall, upon conviction thereof, be fined not less than $10.00 nor more than $1,000.00.  Each day such violation continues shall be a separate offense.

                                    (Ord. 686)

 

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