ORDINANCE NO

ORDINANCE NO. 8161

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS REPEALING ARTICLE 1 OF CHAPTER V OF THE CITY CODE AND ADOPTING ADMINISTRATIVE PROVISIONS FOR BUILDING CONSTRUCTION, REPAIR AND DEMOLITION ACTIVITIES.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

Section 1. Article 1 of Chapter V of the Code of the City of Lawrence, Kansas, 2006 Edition and amendments thereto, is hereby repealed.

Section 2. Article 1 of Chapter V of the Code of the City of Lawrence, Kansas, 2006 Edition and amendments thereto is enacted to read as follows, the intent being to replace the current provisions:

ARTICLE 1. ADMINISTRATION

5-101.1 SEVERABILITY.

If any section, clause, sentence, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.

5-101.2 Scope.

The provisions of this Article shall apply to Articles 2 through 9 of this Chapter, and amendments thereto, and Articles 11 through 14 of this Chapter, and amendments thereto, and Article 17 of this Chapter and amendments thereto.

5-101.2.1 Appendices.

Provisions in the appendices of any code or law adopted by reference shall not apply unless they are specifically adopted.

5-101.2.2 CODE REFERENCES

All references to any code adopted by reference in this Chapter shall be read to refer to the specific version of the code adopted by the City of Lawrence, and the amendments, changes or additions made by the City of Lawrence.

5-101.3 Intent.

The purpose of this Article is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to fire fighters and emergency responders during emergency operations.

5-101.4 Referenced codes.

The other codes listed in Sections 5-101.4.1 through 5-101.4.7 and referenced elsewhere in this Chapter shall be considered part of the requirements of this Article to the prescribed extent of each such reference.

5-101.4.1 commercial and multi-family structures.

The provisions of the International Building Code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures.

Exceptions: Building or structures regulated by the International Residential Code.

5-101.4.2 Residential one and two family dwellings.

The provisions of the International Residential Code for One- and Two-family Dwellings shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one- and two-family dwellings and townhouses not more than three stories above-grade in height with a separate means of egress and their accessory structures.

5-101.3 Electrical.

The provisions of the National Electrical Code shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto.

5-101.4 Gas.

The provisions of the International Fuel Gas Code shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this Article. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories.

5-101.5 Mechanical.

The provisions of the International Mechanical Code shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators and other energy-related systems.

5-101.6 Plumbing.

The provisions of the International Plumbing Code shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system.

5-101.7 Property maintenance.

The provisions of the International Property Maintenance Code shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards; responsibilities of owners, operators and occupants; and occupancy of existing premises and structures.

5-101.8 Fire prevention.

The provisions of the International Fire Code shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression and alarm systems or fire hazards in the structure or on the premises from occupancy or operation.

5-101.9 Energy.

The provisions of the International Energy Conservation Code shall apply to all matters governing the design and construction of buildings for energy efficiency.

5-102.1 General.

Where, in any specific case, different sections of this Article specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.

5-102.2 Other laws.

The provisions of this Article shall not be deemed to nullify any provisions of local, state or federal law.

5-102.3 Application of references.

References to chapter or section numbers within referenced codes or standards, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this Article.

5-102.4 Referenced codes and standards.

The codes and standards referenced in this Article shall be considered part of the requirements of this Article to the prescribed extent of each such reference. Where differences occur between provisions of this Article and referenced codes and standards, the provisions of this Article shall apply.

5-102.5 Existing structures.

The legal occupancy of any structure existing on the date of adoption of this Article shall be permitted to continue without change, except as is specifically covered in this Article, the International Property Maintenance Code or the International Fire Code, or as is otherwise lawfully deemed necessary by the building official for the general safety and welfare of the occupants and the public.

5-103.1 CREATION OF ENFORCEMENT AGENCY.

The Department of Building Safety is hereby created and the official in charge thereof shall be known as the Building Official.

5-103.2 APPOINTMENT.

The building official shall be appointed by the chief appointing authority of the jurisdiction.

5-103.2.1 CHIEF APPOINTING AUTHORITY

The chief appointing authority of the City of Lawrence shall be the City Manager or his or her designee.

5-103.3 DEPUTIES.

In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the building official shall have the authority to appoint a deputy building official, the related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the Building Official. For the maintenance of existing properties, see the International Property Maintenance Code.

5-104.1 GENERAL, ENFORCEMENT.

The building official is hereby authorized and directed to enforce the provisions of this Article.

The building official shall have the authority to render interpretations of this Article and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this Article. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this Article.

5-104.2 APPLICATION AND PERMITS.

The Building Department of Building Safety shall receive applications, review construction documents and issue permits for the erection, and alteration, demolition and moving of buildings and structures, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this Article.

5-104.2.1 Preliminary meeting.

When requested by the permit applicant or the code official, the code official shall meet with the permit applicant prior to the application for a construction permit to discuss plans for the proposed work or change of occupancy in order to establish the specific applicability of the provisions of this Article.

Exception: Repairs and Level 1 alterations as defined in the International Existing Building Code.

5-104.3 Building evaluation.

The code official is authorized to require an existing building to be investigated and evaluated by a registered design professional based on the circumstances agreed upon at the preliminary meeting to determine the existence of any potential nonconformance with the provisions of this Article.

5-104.4 NOTICE AND ORDERS.

The building official shall issue all necessary notices or orders to ensure compliance with this Article.

5-104.5 INSPECTION.

The building official shall make all of the required inspections, or the building official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The building official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority.

5-104.6 IDENTIFICATION.

The building official shall carry proper identification when inspecting structures or premises in the performance of duties under this Article.

5-104.7 RIGHT OF ENTRY.

Where it is necessary to make an inspection to enforce the provisions of this Article, or where the building official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of this Article which makes the structure or premises unsafe, dangerous or hazardous, the building official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this Article, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry.

5-104.8 DEPARTMENT RECORDS.

The building official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records.

5-104.9 LIABILITY.

The building official, member of the board of appeals or employee charged with the enforcement of this Article, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this Article or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this Article shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The building official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this Article.

5-104.10 APPROVED MATERIALS AND EQUIPMENT.

Materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval.

5-104.10.1 USED MATERIALS AND EQUIPMENT.

The use of used materials which meet the requirements of this Article for new materials is permitted. Used equipment and devices shall not be reused unless approved by the building official.

5-104.11 MODIFICATIONS.

Wherever there are practical difficulties involved in carrying out the provisions of this Article, the building official shall have the authority to grant modifications for individual cases, upon application of the owner or owner’s representative, provided the building official shall first find that special individual reason makes the strict letter of this Article impractical and the modification is in compliance with the intent and purpose of this Article and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the department of building safety.

5-104.12 ALTERNATE MATERIALS, DESIGN AND METHOD OF CONSTRUCTION AND EQUIPMENT.

The provisions of this Article are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this Article, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this Article, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this Article in quality, strength, effectiveness, fire resistance, durability and safety.

5-104.12.1 RESEARCH REPORTS.

Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this Article, shall consist of valid research reports from approved sources.

5-104.12.2 TEST.

Whenever there is insufficient evidence of compliance with the provisions of this Article, or evidence that a material or method does not conform to the requirements of this Article, or in order to substantiate claims for alternative materials or methods, the building official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this Article or by other recognized test standards. In the absence of recognized and accepted test methods, the building official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the building official for the period required for retention of public records.

5-105.1 PERMITS REQUIRED.

Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this Article, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. In addition to the requirements of this section, moved structures shall comply with Chapter XVI, Article 7, of the code of the City of Lawrence. The required procedure for demolishing structures is contained in Chapter V, Article 12, of the code of the City of Lawrence.

5-105.1.1 ANNUAL PERMIT.

In lieu of an individual permit for each alteration to an already approved electrical, gas, mechanical or plumbing installation, the building official is authorized to issue an annual permit upon application therefore to any person, firm or corporation regularly employing one or more qualified tradespersons in the building, structure or on the premises owned or operated by the applicant for the permit.

5-105.1.2 ANNUAL PERMIT RECORD.

The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building official shall have access to such records at all times or such records shall be filed with the building official as designated.

5-105.2 WORK EXEMPT FROM PERMIT.

Exemptions from permit requirements of this Article shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this Article or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:

Building:

(A) One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet (11 m2).

(B) Fences not over 6 feet (1829 mm) high.

(D) Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids.

(E) Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18 925 L) and the ratio of height to diameter or width does not exceed 2:1.

(F) Decks, Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route.

(G) Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.

(H) Temporary motion picture, television and theater stage sets and scenery.

(I) Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep, do not exceed 5,000 gallons (18 925 L) and are installed entirely above ground.

(J) Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.

(K) Swings and other playground equipment accessory to detached one- and two-family dwellings.

(L) Window awnings supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support of Group R-3 and U occupancies.

(M) Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1753 mm) in height.

Electrical:

Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Radio and television transmitting stations: The provisions of this Article shall not apply to electrical equipment used for radio and television transmissions, but do apply to equipment and wiring for a power supply and the installations of towers and antennas.

Temporary testing systems: A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus.

Gas:

(A) Portable heating appliance.

(B) Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.

Mechanical:

(A) Portable heating appliance.

(B) Portable ventilation equipment.

(D) Steam, hot or chilled water piping within any heating or cooling equipment regulated by this Article.

(E) Replacement of any part that does not alter its approval or make it unsafe.

(F) Portable evaporative cooler.

(G) Self-contained refrigeration system containing 10 pounds (5 kg) or less of refrigerant and actuated by motors of 1 horsepower (746 W) or less.

(H) A part or assembly shall include compressor units and evaporator coils (Ord. 7733) for refrigeration equipment.

(I) Mechanical service work.

Plumbing:

(A) The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this Article.

(B) The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.

5-105.3 EMERGENCY REPAIRS.

Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the building official.

5-105.4 REPAIRS.

Application or notice to the building official is not required for ordinary repairs to structures, replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.

5-105.5 PUBLIC SERVICE AGENCIES.

A permit shall not be required for the installation, alteration or repair of generation, transmission, distribution or metering or other related equipment that is under the ownership and control of public service agencies by established right.

5-105.6 APPLICATION FOR PERMIT.

To obtain a permit, the applicant shall first file an application therefore in writing on a form furnished by the department of building safety for that purpose. Such application shall:

(A) Identify and describe the work to be covered by the permit for which application is made.

(B) Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work.

(D) Be accompanied by construction documents and other information as required in Section 106.

(E) State the valuation of the proposed work.

(F) Be signed by the applicant, or the applicant’s authorized agent.

(G) Give such other data and information as required by the building official.

5-105.6.1 ACTION ON AN APPLICATION.

The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the building official shall reject such application in writing, stating the reasons therefore. If the building official is satisfied that the proposed work conforms to the requirements of this Article and laws and ordinances applicable thereto, the building official shall issue a permit therefore as soon as practicable.

5-105.6.2 TIME LIMITATION OF APPLICATION.

An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated.

5-105.7 VALIDITY OF PERMIT.

The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this Article or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this Article or other ordinances of the jurisdiction shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the building official from requiring the correction of errors in the construction documents and other data. The building official is also authorized to prevent occupancy or use of a structure where in violation of this Article or of any other ordinances of this jurisdiction.

5-105.8 EXPIRATION.

Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. In addition to the requirements of this section, moved structures shall comply with Chapter XVI, Article 7, of the code of the City of Lawrence. The required procedure for demolishing structures is contained in Chapter V, Article 11, of the Code of the City of Lawrence.

5-105.9 SUSPENSION OR REVOCATION.

The building official is authorized to suspend or revoke a permit issued under the provisions of this Article wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any of the provisions of this Article.

5-105.10 PLACEMENT OF PERMIT.

The building permit or copy shall be kept on the site of the work until the completion of the project.

5-105.11 HISTORIC PROPERTY.

Whenever a building permit is required by this Article for work to be performed on a site, structure or object which is defined by the City Code of Lawrence as:

(A) A landmark or within the area of an Historic District, or their environs: or,

(B) A nominated landmark,

A copy of the application filed by the applicant shall be forwarded to the Historic Resources Commission and no building permit may be issued on such application until the applicant has obtained a Certificate of Appropriateness or Certificate of Economic Hardship for such work.

5-106.1 SUBMITTAL DOCUMENTS.

Construction documents, statement of special inspections and other data shall be submitted in one or more sets with each permit application. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional.

Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this Article.

5-106.1.1 Information on construction documents.

Construction documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permitted to be submitted when approved by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this Article and relevant laws, ordinances, rules and regulations, as determined by the building official.

5-106.1.2 Fire protection system shop drawings.

Shop drawings for the fire protection system(s) shall be submitted to indicate conformance with this Article and the construction documents and shall be approved prior to the start of system installation. Shop drawings shall contain all information as required by the referenced installation standards in International Building Code Chapter 9.

5-106.1.3 MEANS OF EGRESS.

The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress in compliance with the provisions of this Article. In other than occupancies in Groups R-2, R-3, and I-1, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces.

5-106.1.4 Exterior wall envelope.

Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with this Article. The construction documents shall provide details of the exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves or parapets, means of drainage, water-resistive membrane and details around openings.

The construction documents shall include manufacturer’s installation instructions that provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall system which was tested, where applicable, as well as the test procedure used.

5-106.2 Site plan.

The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades and, as applicable, flood hazard areas, floodways, and design flood elevations; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted.

5-106.3 Examination of documents.

The building official shall examine or cause to be examined the accompanying construction documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this Article and other pertinent laws or ordinances.

5-106.3.1 Approval of construction documents.

When the building official issues a permit, the construction documents shall be approved, in writing or by stamp, as “Reviewed for Code Compliance.” One set of construction documents so reviewed shall be retained by the building official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized representative.

5-106.3.2 Previous approvals.

This Article shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within 180 days after the effective date of this Article and has not been abandoned.

5-106.3.3 Phased approval.

The building official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of this Article. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder’s own risk with the building operation and without assurance that a permit for the entire structure will be granted.

5-106.4 Design professional in responsible charge.

When it is required that documents be prepared by a registered design professional, the building official shall be authorized to require the owner to engage and designate on the building permit application a registered design professional who shall act as the registered design professional in responsible charge. If the circumstances require, the owner shall designate a substitute registered design professional in responsible charge who shall perform the duties required of the original registered design professional in responsible charge. The building official shall be notified in writing by the owner if the registered design professional in responsible charge is changed or is unable to continue to perform the duties.

The registered design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building.

Where structural observation is required by Section 1709 of the International Building Code, the statement of special inspections shall name the individual or firms who are to perform structural observation and describe the stages of construction at which structural observation is to occur (see also duties specified in Section 1704 of the International Building Code).

5-106.4.1 Deferred submittals.

For the purposes of this section, deferred submittals are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the building official within a specified period.

Deferral of any submittal items shall have the prior approval of the building official. The registered design professional in responsible charge shall list the deferred submittals on the construction documents for review by the building official.

Documents for deferred submittal items shall be submitted to the registered design professional in responsible charge who shall review them and forward them to the building official with a notation indicating that the deferred submittal documents have been reviewed and been found to be in general conformance to the design of the building. The deferred submittal items shall not be installed until the design and submittal documents have been approved by the building official.

5-106.5 Amended construction documents.

Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents.

5-106.6 Retention of construction documents.

One set of approved construction documents shall be retained by the building official for a period of not less than 180 days from date of completion of the permitted work, or as required by state or local laws.

5-107.1 General, temporary structures and uses.

The building official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The building official is authorized to grant extensions for demonstrated cause.

5-107.2 Conformance, temporary structures and uses.

Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation and sanitary requirements of this Article as necessary to ensure public health, safety and general welfare.

5-107.3 Temporary power.

The building official is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion has been issued. The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or power in the Electrical Code.

5-107.4 Termination of approval.

The building official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be discontinued.

5-108.1 PERMIT FEES

(A) DEFINITIONS.

(1) Applicant. For the purposes of this section, an applicant is any person, company, or other entity, that makes application to the City of Lawrence, Kansas, for a building permit for any building activity within the City of Lawrence, Kansas.

(2) Building activity. For the purposes of this section, building activity shall be defined as: (1) all new construction, rehabilitation or renovation of existing structures that requires the issuance of a building permit pursuant to City Code, and (2) installation or exchange of all or any part of new or existing mechanical, electrical, or plumbing systems that requires the issuance of a building permit pursuant to City Code.

(3) Building permit fee. A building permit fee is a fee charged by the City of Lawrence, Kansas, and assessed, pursuant to the City Code, to any applicant for any building activity within the City of Lawrence, Kansas. For the purpose of this section, a sign permit is not a building permit.

(4) City. As used in this section, the term City shall refer to the City of Lawrence, Kansas.

(B) PROCEDURE.

(1) Year End Report. Commencing on or before March 1, 2007, and annually thereafter, the Department of Neighborhood Resources, or its successor, shall prepare a Year End Report setting forth the building permit fee revenue and expenditures reasonably related to the regulation of building activity within the City for the previous calendar year. The Year End Report shall be made available to the public on or before that same date at the office of the Department of Neighborhood Resources, or its successor.

(2) Expenses Reasonably Related to the Regulation of Building Activity. In determining whether a cost or expense is reasonably related to the regulation of building activity, the Development Services Division, or its successor, shall be guided by the definitions in this section and by the Policy Statement adopted by the Governing Body of the City of Lawrence, Kansas, concurrent with the passage of Ordinance 8008, as both Ordinance 8008 and the Policy Statement may be amended from time to time.

(3) Annual Building Permit Fee Revenue Excess or Shortfall. The Year End Report shall include a calculation of the total amount by which building permit fee revenue exceeds the total expenditures reasonably related to the regulation of building activity within the City for the previous calendar year, or the total amount by which building permit fee revenue is exceeded by the total expenditures reasonably related to the regulation of building activity within the City for the previous calendar year, as the case may be.

(4) Cumulative Past Overage. For purposes of this section, the Cumulative Past Overage amount shall be the cumulative total of the Building Permit Fee Revenue Excess or Shortfall for the previous calendar year (as reflected in the Year-End Report for that calendar year) and the Building Permit Fee Revenue Excess or Shortfall from all previously prepared Year End Reports, except that the Cumulative Past Overage amount can never be less than zero. For purposes of the Year End Report for the year 2006, any Excess or Shortfall from previous years shall not be considered, and the Cumulative Past Overage for 2006 shall be equal to the Building Permit Fee Revenue Excess or Shortfall for the year 2006. Each successive Year End Report shall include a calculation of the Cumulative Past Overage amount.

(5) Budget. Commencing July 1, 2007, and annually thereafter on or before that date, the Department of Neighborhood Resources, or its successor, through the City Manager, shall prepare and submit to the Governing Body a Recommended Budget, anticipating the revenue and costs of the regulation of building activity for the succeeding calendar year. The Recommended Budget shall be made available to the public on or before that same date at the office of the Department of Neighborhood Resources, or its successor. By September 1, 2007, and annually thereafter on or before that date, the City shall adopt a Budget that sets out, among other things, the anticipated costs for regulating building activities during the ensuing calendar year.

(6) Schedule of Fees. Commencing on or before July 1, 2007, and annually thereafter on or before that date, the Department of Neighborhood Resources, or its successor, shall, based upon the Year End Report and Recommended Budget, prepare and submit to the Governing Body, through the City Manager, an ordinance with the Recommended Schedule of Fees for regulating building activity for the succeeding calendar year, subject to the 95% limitation set forth in Section II of Ordinance 8008. The Recommended Schedule of Fees shall be made available to the public on or before that same date at the office of the Development Services Division, or its successor. In preparing the Recommended Schedule of Fees, the Development Services Division, or its successor, shall not attempt to recoup the past Building Permit Revenue Shortfalls, if any. The schedule of fees passed by ordinance shall replace the fee schedule in section 5-803.2.

(7) Overage Adjustment. In the event that the Year End Report for a given year shows that the Cumulative Past Overage amount (if any) is greater than twenty percent (20%) of the cost of regulating building activity for that year, then the Department of Neighborhood Resources shall, in setting its Recommended Schedule of Fees, reduce building permit fees for the calendar year following the issuance of the Report to such a level that the projected Cumulative Past Overage amount calculated through that year will equal zero.

(8) Building Permit Fees. The ultimate decision regarding building permit fees is and shall be that of the governing body, upon advice from City Staff. However, such advice and ultimate decision shall recognize the need to set such fees that will adequately cover the costs of the services to be performed and provided by the City in regulating building activity.

(9) Effective Date. Pursuant to Ordinance 8008, commencing on the 1st day of January, 2009, it shall be the policy of the City of Lawrence, Kansas, that all building permit fees assessed by it shall be based upon the actual costs anticipated by it for the regulation of building activities within the City of Lawrence, Kansas.

5-108.2 Payment of fees.

A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid.

5-108.3 Schedule of permit fees.

On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority.

Permit Fee Schedule

TOTAL VALUATION	FEE
$1 to $500	$23.50
$501 to $2,000	$23.50 for the first $500 plus 3.05 for each additional $100 or fraction thereof, to and including $2,000
$2,001 to $25,000	$69.25 for the first $2,000 plus $14.00 for each additional $1,000 or fraction thereof, to and including $25,000
$25,001 to $50,000	$391.25 for the first $25,000 plus $10.10 for each additional $1,000 or fraction thereof, to and including $50,000
$50,001 to $100,000	$643.75 for the first $50,000 plus $7.00 for each additional $1,000 or fraction thereof, to and including $100,000
$100,001 to $500,000	$993.75 for the first $100,000 plus $5.60 for each additional $1,000 or fraction thereof, to and including $500,000
$500,001 to $1,000,000	$3,233.75 for the first $500,000 plus $4.75 for each additional $1,000 or fraction thereof, to and including $1,000,000
$1,000,001 to $5,000,000	$5608.75 for the first $1,000,000 plus $3.15 for each additional $1,000 or fraction thereof, to and including $5,000,000
$5,000,001 to $15,000,000	$17,980.92 for the first $5,000,000 plus $1.54 for each additional $1,000 or fraction thereof, to and including $15,000,000
$15,000,001 and above	$33,562.30 for the first $15,000,000 plus $1.02 for each additional $1,000 or fraction thereof

Other Inspections and Fees:

(A) Inspections outside of normal business hours $47.00 per hour*

(minimum charges - two hours)

(B) Re-inspection fees when assessed by the building official $47.00 per hour*

under the provisions of Section 108.8

(minimum charge - one-half hour)

(D) Additional plan review required by changes, additions, $47.00 per hour*

or revisions to approved plans

(minimum charge - one-half hour)

(E) Residential Furnaces and Air Conditioners $65.00

*Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved.

5-108.4 Building permit valuations.

The applicant for a permit shall provide an estimated permit value at time of application. Permit valuations shall include total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems. If, in the opinion of the building official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the building official. Final building permit valuation shall be set by the building official. The determination of value or valuation under any of the provisions of this Article shall be made by the Building Official after review of the most current building valuation data supplied in the current printing of the Building Safety Journal. The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire-extinguishing systems and any other permanent equipment.

5-108.5 Work commencing before permit issuance.

Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee established by the building official that shall be in addition to the required permit fees. This additional fee shall be $500 or an amount equal to the base permit fee for the project, whichever is lower.

5-108.6 Related fees.

The payment of the fee for the construction, alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law.

5-108.7 Refunds.

The building official is authorized to establish a refund policy.

5-108.8 Record of Fees.

The Building Safety Manager shall keep or cause to be kept an accurate account of fees collected and received under the provisions of this Section and record the name of the person on whose account the same was paid, the date and the amount thereof together with the location of the proposed construction or installation to which the fees relate. He/she shall deposit the amount of the fees collected with the City Treasurer.

5-109.1 General, INSPECTIONS.

Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this Article or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this Article or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.

5-109.2 Preliminary inspection.

Before issuing a permit, the building official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed.

5-109.3 Required inspections.

The building official, upon notification, shall make the inspections set forth in Sections 5-108.3.1 through 5-108.3.12.

5-109.3.1 Footing and foundation inspection.

Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection. Materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with ASTM C 94, the concrete need not be on the job.

5-109.3.2 Concrete slab and under-floor inspection.

Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor.

5-109.3.3 Plumbing, mechanical, gas and electrical systems inspection.

Rough inspection of plumbing, mechanical, gas and electrical systems shall be made prior to covering or concealment, before fixtures or appliances are set or installed, and prior to framing inspection.

Exception: Back-filling of ground-source heat pump loop systems tested in accordance with Section M2105 of the International Residential Code prior to inspection shall be permitted

5-109.3.4 Frame inspection.

Framing inspections shall be made after the roof deck or sheathing, all framing, fire blocking and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough electrical, plumbing, heating wires, pipes and ducts are approved.

5-109.3.5 Fire-resistance-rated construction inspection.

Where fire-resistance-rated construction is required between dwelling units or due to location on property, the building official shall require an inspection of such construction after all lathing and/or wallboard is in place, but before any plaster is applied, or before wallboard joints and fasteners are taped and finished.

5-109.3.6 Lath and gypsum board inspection.

Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or gypsum board joints and fasteners are taped and finished.

Exception 1: Gypsum board that is not part of a fire-resistance-rated assembly or a shear assembly.

Exception 2: Lath and gypsum board installed in structures constructed under the International Residential Code.

5-109.3.7 Fire-resistant penetrations.

Protection of joints and penetrations in fire-resistance-rated assemblies shall not be concealed from view until inspected and approved.

5-109.3.8 Lowest floor elevation.

In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the elevation certification required in Section 1612.5 shall be submitted to the building official. In addition to the requirements of this section, Construction in floodplains shall be pursuant to Chapter XX, Article 12 of the City Code of Lawrence.

5-109.3.9 Energy efficiency inspections.

Inspections shall be made to determine compliance with Chapter 13 and shall include, but not be limited to, inspections for: envelope insulation R and U values, fenestration U value, duct system R value, and HVAC and water-heating equipment efficiency.

5-109.3.10 Other inspections.

In addition to the inspections specified above, the building official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this Article and other laws that are enforced by the department of building safety.

5-109.3.11 Special inspections.

For special inspections, see International Building Code Section 1704.

5-109.3.12 Final inspection.

The final inspection shall be made after all work required by the building permit is completed.

5-109.4 Inspection agencies.

The building official is authorized to accept reports of approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability.

5-109.5 Inspection requests.

It shall be the duty of the holder of the building permit or their duly authorized agent to notify the building official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this Article.

5-109.6 APPROVAL REQUIRED.

Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this Article. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the building official.

5-110.1 Use and occupancy.

No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefore as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this Article or of other ordinances of the jurisdiction.

5-110.1.1 Altered area use and occupancy classification change.

No altered area of a building and no relocated building shall be used or occupied, and no change in the existing occupancy classification of a building or portion thereof shall be made until the code official has issued a certificate of occupancy therefore as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this Article or of other ordinances of the jurisdiction.

5-110.2 Certificate issued.

After the building official inspects the building or structure and finds no violations of the provisions of this Article or other laws that are enforced by the department of building safety, the building official shall issue a certificate of occupancy that contains the following:

(A) The building permit number.

(B) The address of the structure.

(D) A description of that portion of the structure for which the certificate is issued.

(E) A statement that the described portion of the structure has been inspected for compliance with the requirements of this Article for the occupancy and division of occupancy and the use for which the proposed occupancy is classified.

(F) The name of the building official.

(G) The edition of the code under which the permit was issued.

(H) The use and occupancy, in accordance with the provisions of Chapter 3 of the International Building Code, as adopted by the City of Lawrence.

(I) The type of construction as defined in Chapter 6 of the International Building Code, as adopted by the City of Lawrence.

(J) The design occupant load.

(K) If an automatic sprinkler system is provided, whether the sprinkler system is required.

(L) Any special stipulations and conditions of the building permit.

5-110.3 Temporary occupancy.

The building official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The building official shall set a time period during which the temporary certificate of occupancy is valid.

5-110.4 Revocation.

The building official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of this Article wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this Article.

5-111.1 Connection of service utilities.

No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this Article for which a permit is required, until released by the building official.

5-111.2 Temporary connection.

The building official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel or power.

5-111.3 Authority to disconnect service utilities.

The Governing Body finds that the occupancy or habitation in a structure not in compliance with the provisions of Chapter V or Chapter XX of the Code of the City of Lawrence, Kansas, and amendments thereto, constitutes a hazard to the public health, safety and welfare, and that the provision of City water, sanitary sewer and/or sanitation services is reasonably related to the ability to inhabit or occupy such a structure. After lawful notice to the customer and the property owner concerning the proposed disconnection, the Codes Enforcement Manager shall have the authority to order the disconnection of City water, sanitary sewer and/or sanitation services serving structures not in compliance with the provisions of Chapter V or Chapter XX of the Code of the City of Lawrence, Kansas, and amendments thereto. The disconnection of City services pursuant to this Section shall only be ordered if the Codes Enforcement Manager makes specific findings concerning the structure that the disconnection of City water, sanitary sewer and/or sanitation services is necessary to deter the occupancy or habitation in a structure in which the public health, safety or welfare is harmed or endangered by continued occupancy or habitation.

5-111.4 Utility Transfers with a Building Permit.

The City Utility Billing Division shall not approve or allow the transfer of City water, sanitary sewer, and/or sanitation service for properties or structures for which a building permit has been issued and has (1) not been issued a certificate of occupancy; (2) not completed a final inspection; or (3) not been otherwise discontinued pursuant to provisions of the International Residential Code, unless pursuant to the provisions of this Section. For properties or structures with a current building permit, the transfer of City water, sanitary sewer, and/or sanitation service to another customer shall be approved by the Codes Enforcement Division upon a finding that the structure or property complies with the provisions of Chapter V of the Code of the City of Lawrence, Kansas, and amendments thereto, including provisions regarding final inspection for the property or structures.

5-112.1 Application for appeal.

A person shall have the right to appeal a decision of the code official to the board of appeals having jurisdiction over the appeal, as set forth in this Article. An application for appeal shall be based on a claim that the true intent of this Article or the rules legally adopted there under have been incorrectly interpreted, the provisions of this Article do not fully apply, or an equally good or better form of construction is proposed. The application to the appropriate board of appeals shall contain the following:

(A) A brief statement setting forth the legal interest of each of the appellants in the building and or involved in the notice and order.

(B) A brief statement, in ordinary and concise language of that specific order or action protested, together with any material facts claimed to support the contentions of the appellants. Only those matters or issues specifically listed by the appellant shall be considered in the hearing of the appeal.

(C) A brief statement, in ordinary and concise language, of the relief sought and the reasons why it is claimed the protested order or action should be reversed, modified, or otherwise set aside.

(D) The signatures of all parties named as appellants and their official mailing addresses.

5-112.2 Administration.

The application shall be filed with the Development Services Division within 20 days after the notice was served. Notice shall at once be forwarded to the appropriate board for action. It shall be the responsibility of the applicant to notify other interested parties they would like present at the meeting. Failure of any person to file an appeal as set out in this Article shall constitute a waiver of the right to an administrative hearing and adjudication of the notice and order or to any portion thereof.

5-112.3 Test and Evidence.

The appellant shall cause to be made, at his or her own expense, any tests, research or evidence required by the board having jurisdiction to substantiate his claims.

5-112.4 Chairman.

Each board shall elect or re-elect a Chairman and a Vice Chairman from the membership with the election to occur annually. The Chairman or Vice chairman shall preside at each meeting.

5-112.5 Disqualification of member.

A member shall not hear an appeal in which that member has a personal, professional or financial interest.

5-112.6 Secretary.

The Building Official shall be an ex-officio member and shall act as Secretary to each board.

5-112.7 Notice of meeting.

A board shall meet upon notice from its chairman, within ten days of the filing of an appeal, or at stated periodic meetings.

5-112.8 Open hearing.

All hearings before a board created by this Article shall be open to the public. The appellant, the appellant’s representative, the code official and any person whose interests are affected shall be given an opportunity to be heard.

5-112.9 Procedure.

Each board shall adopt and make available to the public through the secretary procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received.

5-112.10 Postponed hearing.

When five members are not present to hear an appeal, either the appellant or the appellant’s representative shall have the right to request a postponement of the hearing.

5-112.11 Board decision.

A copy of the decision of a board and the reasons therefore shall be delivered to the appellant personally or sent by certified mail, postage prepaid, return receipt requested. Failure of any person to file an appeal as set out above shall constitute a waiver of the right to an administrative hearing and adjudication of the notice and order or to any portion thereof. Any decision of a board may be appealed to the City Commission. The appellant must file a written appeal to the City Commission, with the City Clerk, within ten (10) days of the board’s decision. The code official shall take immediate action in accordance with the decision of the board.

5-112.12 resolution.

Certified copies of a board’s decision shall be furnished to the appellant and to the code official. Each board may recommend to the City Commission such new legislation as is consistent with the intent of this article.

5-112.13 Court review.

Any person, whether or not a previous party of the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner and time required by law following the filing of the decision in the office of the chief administrative officer.

5-112.14 Board of Appeals General.

Members of each board of appeals shall be appointed by the mayor with the approval of the City Commission. Each board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings and the reasons therefore in writing to the appellant with a duplicate copy to the code official. Each Board of appeals may provide technical expertise and guidance as a code committee recommending to the City Commission any changes necessary for the adoption of technical codes and ordinances.

5-112.15 Limitation of Authority.

No board of appeals shall have authority relative to interpretation of the administration of this Article nor shall such board be empowered to waive requirements of this Article.

5-112.16 Rules, Meeting and Records.

Each board may adopt rules to govern its proceedings in accordance with the provisions of this Article.

(A) Meetings of a board shall be held at the call of the chairperson of the board and at such other times as the board may determine.

(B) The board shall keep minutes of its proceedings, showing the vote of each member upon every question and/or if absent or failing to vote, indicate such facts.

(C) The board shall keep records of hearings, examinations and other action. Such minutes and such records shall be public record.

(D) Each appellant decision of a board shall be by majority vote of the members of the board present and voting.

(E) The decision on the use of alternate materials and types of construction shall be by majority vote and if not permitted by any code referenced in section 5-101.4 of this chapter shall become effective only when authorized by an amendment to the Code.

(F) After receiving the written appeal, the board having jurisdiction shall set a date, time, and place for the hearing of the appeal. Such date shall not be more than ten (10) days from the date the appeal was filed with the administrative authority.

(G) After hearing the evidence, a board shall reach a decision on the appeal within five (5) days.

5-112.17 Building Code Board of Appeals.

In order to hear and decide appeals of orders decisions or determinations made by the building official relative building construction not related to plumbing, electrical or mechanical systems, there shall be and is hereby created a Building Code Board of Appeals.

5-112.17.1 Limitation of Authority.

If it appears that the provisions of this chapter do not definitively cover a method of construction, construction material, or other subject regulated by the International Building Code or the International Residential Code, the Building Code Board of Appeals may interpret the provisions of the International Building Code and International Residential Code in a manner consistent with the intent of those codes and to prevent manifest injustice.

5-112.17.2 Members.

The Board shall consist of five (5) members who are qualified by experience and training to pass upon matters pertaining to construction. The members of the Board shall serve for three (3) years unless sooner removed for cause. Each member of the Board shall be either a licensed professional engineer or architect, or a contractor, or superintendent of building construction, shall have at least ten (10) years experience, for (5) five years of which he or she shall have been in responsible charge of work; and at no time shall there be more than two members of the Board selected from the same profession or business.

5-112.18 Plumbing Code Board of Appeals.

In order to hear and decide appeals of orders decisions or determinations made by the building official relative to plumbing work, the installation of plumbing systems and equipment, there shall be and is hereby created the Plumbing Code Board of Appeals.

5-112.18.1 Members.

The board of appeals shall consist of five members appointed by the chief appointing authority. The members of the Board shall serve for three (3) years unless sooner removed for cause. One (1) or more members' term(s) shall expire each year. The Plumbing Code Board of Appeals shall be under the department having jurisdiction provided by law and unless otherwise provided for shall consist of five (5) members: two (2) qualified plumbing contractors; two (2) qualified licensed plumbers; one (1) member from the local gas utility; or one member from the public at large.

5-112.19 Mechanical Board of Appeals.

In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the work on Mechanical Systems there shall be and is hereby created a Mechanical Board of Appeals.

5-112.19.1 Membership of board.

The Mechanical Board of Appeals shall consist of five members who are qualified by experience and training to pass upon matters pertaining to mechanical design, construction and maintenance and the public health aspects of mechanical systems and Board members shall be either a City of Lawrence resident or a Douglas County resident who is an employee of, or owns, a business within the City of Lawrence. One member shall be neither employed in work regulated by the Mechanical Code nor an employee of the City. Four (4) members of the Board shall constitute a quorum for the transaction of business. The members of the Board shall serve for three (3) years unless sooner removed for cause. One (1) or more members' term(s) shall expire each year. Each member is eligible to serve two (2) consecutive terms.

5-112.20 Electrical Code Board of Appeals.

The Electrical Code Board of Appeals is established to function as an appeals board for those persons aggrieved by a decision concerning the National Electrical Code, as amended by the City of Lawrence.

5-112.20.1 Members.

The members of the Electrical Board shall be two (2) electrical contractors, two (2) journey electricians, one (1) member of the Lawrence Fire Prevention Division, two (2) Lawrence citizens at large not employed in work regulated by the National Electrical Code. The members of the Board shall serve for three (3) years unless resigned or removed under guidelines and by-laws it may adopt. The initial appointment, however, shall be staggered so that no more than two (2) members' terms expire in the same year and the retiring members shall not be both contractors or both journey electricians.

5-113.1 Unlawful acts.

It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this Article, or cause same to be done, in conflict with or in violation of any of the provisions of this Article. Furthermore it shall be unlawful to:

(A) Knowingly or intentionally misrepresent a material fact made in connection with obtaining a building permit.

(B) Fail to obtain a building permit or to obtain a required inspection of an ongoing project as required by this Article.

(C) Fail to obtain a timely certificate of occupancy or required final inspection for a completed structure as required by this Article.

(D) Fail to request inspection required by section this Article

(E) To perform or cause to be performed any work in the City of Lawrence, which requires a permit without having first secured the appropriate permit from the City.

(F) For a person or persons through negligence or indifference to knowingly create a hazard and/or allow a hazard to exist that results in property damage or personal injury.

5-113.2 Notice of violation.

The building official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this Article, or in violation of a permit or certificate issued under the provisions of this Article. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.

5-113.3 Prosecution of violation.

If the notice of violation is not complied with promptly, the building official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this Article or of the order or direction made pursuant thereto.

5-113.4 Authority to Issue Notice to Appear.

Pursuant to the authority of Charter Ordinance No. 31, the inspector personnel of the Neighborhood Resources Department are hereby authorized to issue Notice to Appear citations for alleged violations of the provisions of Chapters V, IX and XX of the Code of the City of Lawrence, Kansas, and amendments thereto.

5-113.5 Violation penalties.

Any person who violates a provision of this Article or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this Article, shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Article is committed, continued, or permitted, and upon conviction of any such violation such person shall be punishable by a fine of not less than $100 and not more than $500 or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment. Any allegation of a Code violation shall be investigated by the Building Official, or his or her designee. Should a violation of the Code be found, and said violation is determined by the Building Official to threaten the health or safety of an individual, the violation shall be corrected within three (3) business days (exclusive of City holidays) of the date the responsible party is notified of the violation. In all other cases, Code violations shall be corrected within thirty (30) days of the date the responsible parity is notified of the violation.

5-114.1 Authority, stop work order.

Whenever the building official finds any work regulated by this Article being performed in a manner either contrary to the provisions of this Article or dangerous or unsafe, the building official is authorized to issue a stop work order.

5-114.2 Issuance.

The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner’s agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume.

5-114.3 Unlawful continuance.

Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law.

5-115.1 Conditions, unsafe structures and equipment.

Structures or existing equipment that are or hereafter become unsafe, unsanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in this section. A vacant structure that is not secured against entry shall be deemed unsafe.

5115.2 Record.

The building official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition.

5-115.3 Notice.

If an unsafe condition is found, the building official shall serve on the owner, agent or person in control of the structure, a written notice that describes the condition deemed unsafe and specifies the required repairs or improvements to be made to abate the unsafe condition, or that requires the unsafe structure to be demolished within a stipulated time. Such notice shall require the person thus notified to declare immediately to the building official acceptance or rejection of the terms of the order.

5-115.4 Method of service.

Such notice shall be deemed properly served if a copy thereof is (a) delivered to the owner personally; (b) sent by certified or registered mail addressed to the owner at the last known address with the return receipt requested; or (c) delivered in any other manner as prescribed by local law. If the certified or registered letter is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. Service of such notice in the foregoing manner upon the owner’s agent or upon the person responsible for the structure shall constitute service of notice upon the owner.

5-115.5 Restoration.

The structure or equipment determined to be unsafe by the building official is permitted to be restored to a safe condition. To the extent that repairs, alterations or additions are made or a change of occupancy occurs during the restoration of the structure, such repairs, alterations, additions or change of occupancy shall comply with the requirements of Section 105.2.2 and Chapter 34 of the International Building Code.

5-116.1 Imminent danger.

When, in the opinion of the code official, there is imminent danger of failure or collapse of a building that endangers life, or when any building or part of a building has fallen and life is endangered by the occupation of the building, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors, or the presence of toxic fumes, gases, or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: “This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official.” It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition, or of demolishing the same.

5-116.2 Temporary safeguards.

Notwithstanding other provisions of this Article, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, the code official shall order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency.

5-116.3 Closing streets.

When necessary for public safety, the code official shall temporarily close structures and close or order the authority having jurisdiction to close sidewalks, streets, public ways, and places adjacent to unsafe structures, and prohibit the same from being utilized.

5-116.4 Emergency repairs.

For the purposes of this section, the code official shall employ the necessary labor and materials to perform the required work as expeditiously as possible.

5-116.5 Costs of emergency repairs.

Costs incurred in the performance of emergency work shall be paid by the jurisdiction. The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs.

5-116.6 Hearing.

Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the appeals board, be afforded a hearing as described in this Article.

Section 3. This ordinance shall be in full force and take effect on January 1, 2008, and after its publication as provided by law.

Passed by the Governing Body this ____ day of _____________, 2007.

Sue Hack, Mayor

ATTEST:

Frank S. Reeb, City Clerk

Approved as to form and legality:

Toni Ramirez Wheeler, Director of Legal Services