Chapter 4 · Buildings and Construction

Article 1. Building Code

Sections 4-101 to 4-116 · 16 sections

4-101 Definitions.

As used in this article, the words and phrases herein defined shall have the following meanings unless the context otherwise requires:

(a)Whenever the word municipality is used in the building code, it shall be held to mean the City of Frontenac, Kansas;

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

(c)Whenever the term building official is used in the building code, it shall be held to mean the person designated by the Governing Body in the enforcement of Building Codes.

(Ord. 2018-09; Ord. 2020-15; Code 2021; Ord. 2023-01)

4-102 Building codes incorporated.

There is hereby adopted and incorporated by reference, the 2018 edition of the International Residential Code including Appendix Chapters A, B, C, D, G, H, I, J, M, N, O, P, Q, International Building Code, International Plumbing Code, International Fuel Gas Code, International Mechanical Code and 2017 National Electrical Code regulating and governing the construction, alteration, movement, enlargement, re- placement, repair, equipment, location, removal and demolition; providing for the issuance of permits and collection of fees therefor; such code(s) being made as a part of the ordinances and codes of the city as if the same had been set out in full herein, all as authorized and in the manner prescribed by K.S.A. 12-3009 through 12-3012 including any amendments thereto. No fewer than three copies of the code(s)shall be marked or stamped “Official Copy as Incorporated by the Code of the City of Frontenac, Kansas,” and shall be filed with the City Clerk to be open to inspection and available to the public at all reasonable hours of business.

(Ord. 2018-09; Ord. 2020-15; Code 2021; Ord. 2023-01)

4-103 Additional provisions.

The following amendments to the International Residential Code are in addition to the provisions of the standard code incorporated by reference in section 4-102 unless otherwise stated in this Code:

1. Section R101.1 is amended by inserting “City of Frontenac, Kansas”.

2. Section R104.11 is amended by adding the following paragraph to the existing section:

The alternative method commonly known as "pole barn" or "laminated pole" type structures shall be limited to commercial buildings and accessory buildings only and not for residential dwelling units.

3. Table R301.2 (1) is amended by inserting the following into the table:

Ground Snow Load: 20

Wind Design: Speed: 90

Topographic effects: No

Seismic Design Category: A

Subject to Damage From:

Weathering: Severe

Frost Line Depth: 20

Termite: Moderate/Heavy

Winter Design Temp: 7

Ice Barrier Underlayment Required: No

Flood Hazards:

Air Freezing Index: 650

Mean Annual Temp: 55 degrees F

4. Section P2603.5.1 is removed and replaced by the following:

Sewer Depth. Building sewers that connect to private sewage disposal systems shall not less than 24 inches below finished grade at the point of septic tank connection. Building sewers shall not be less than 24 inches below grade.

5. Section R403.1.1 is removed and replaced with the following:

Minimum size: Minimum size for concrete and masonry footings shall be no less that (8) inches in thickness with a minimum depth no less that (18) inches in depth. This is applicable unless more restrictive code due to design construct would be required in accordance with Tables R403.1(1) through R403.1(3) and Figure R403.1(1) or R403.1.2, as applicable. The footing width shall be based on the load-bearing value of the soil in accordance with the Table R401.4.1.

6. The following modifications are made to Table R503.2.1.1(1) “Allowable Spans and Loads for Wood Structural Panels for Roof and Subfloor Sheathing and Combination Subfloor Underlayment modification”:

Remove Sheathing thickness of 3/8” allowable for 16/0, 20/0, and 24/0.

A footnote is added with the following:

3/8” Sheathing will not be allowed in these applications for roof substrate without Engineered approved drawings and APA stamped identification on Plywood in accordance with NER-108 minimum thickness will be 7/16” for 16/0 with clips.

7. Section R907.3 is removed and replaced by the following:

Recovering versus replacement. New roof coverings shall not be installed without first removing all existing layers of roof coverings where any of the following conditions exist:

a) Where the existing roof or roof covering is water soaked or has deteriorated to the point that the existing roof or roof covering is not adequate as a base for additional roofing.

b) Where the existing roof covering is wood shake, slate, clay, cement, or asbestos-cement tile.

c) Where the existing roof has two or more applications of any type of roof covering.

d) If only a single layer of shingles are present a layover can occur if and only if existing shingles are 3 tab, do not have excessive wear to be determined by building official or designee, and does not void manufacture warranty.

8. Section P2603.5 is removed and replaced by the following:

Freezing: In localities having a winter design temperature of 32 F (0 C) or lower as shown in Table R301.2(1) of this code, a water, soil or waste pipe shall not be installed outside of a building, in exterior walls, in attics or crawl spaces, or in any other place subjected to freezing temperatures unless adequate provision is made to protect it from freezing by insulation or heat or both. Water service pipe shall be installed not less than 12 inches deep below the frost line. Frost line regionally and within Frontenac City limits is 20 inches. Total depth to top of service pipe shall be no less than 32”.

9. All references to Automatic Sprinkler Systems for one- and two-family dwellings are hereby deleted in their entirety in accordance with K.S.A. 12-16,219.

12-16,219. Cities, counties; prohibition on fire sprinkler requirements in certain residential dwellings.

(a) As used in this section:

(1) "Municipality" means any city or county.

(2) "Residential structure" means any improvement to real property to be used or occupied as a single-family dwelling or multi-family dwelling of two attached living units or less or any manufactured home.

(b) No municipality shall adopt or enforce any ordinance, order, code, standard or rule requiring the installation of a multi-purpose residential fire protection sprinkler system or any other fire sprinkler protection system in any residential structure. Nothing in this section shall prohibit any person from voluntarily installing a multi-purpose residential fire protection sprinkler system or any other fire sprinkler protection system in a residential structure.

(c) No municipality shall require the installation of a multi-purpose residential fire protection sprinkler system in any residential structure as a condition for consideration or approval of any building permit or plat.

(Ord. 2018-09; Ord. 2020-15; Code 2021; Ord. 2023-01)

4-104 Building official; powers; duties.

(a)This and other articles of the city relating generally to building and structures shall be administered and enforced by the Frontenac Building Inspector. The Frontenac Building Inspector shall act as chief building official and shall assume the responsibilities of the issuance of building permits and the inspection of building work.

(b)The Frontenac Building Inspector shall prepare such application, permit, inspection and record forms as may be required for the purposes of the article. The Frontenac Building Inspector may make and promulgate the necessary rules and regulations to obtain conformity with this article pertaining to the making of applications for building permits, issuing of building permits and inspecting of buildings and building works.

(Ord. 2018-09; Ord. 2020-15; Code 2021)

4-105 Same; duties.

The building inspector shall have the following duties:

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

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

(c)To file, in the office of the City Clerk, all comprehensive records of applications, permits, certificates issued, reports rendered, and of notices or orders issued. All such records shall be open to public inspection during regular office hours but shall not be removed from the office except under KOMA guidelines.

(Ord. 2018-09; Ord. 2020-15; Code 2021)

4-106 Same; powers.

The building inspector shall have the following powers:

(a)Upon providing proper identification, to enter any building or structure or premises at any reasonable hour, whether complete or in the process of erection, to perform the duties;

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

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

(Ord. 2018-09; Ord. 2020-15; Code 2021)

4-107 Clarification; modification.

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

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

(Ord. 2018-09; Ord. 2020-15; Code 2021)

4-108 Building permit required; application; approval; penalties for violation.

It shall be unlawful for any person to hereafter erect or cause to be erected within the city any building or structure of any kind or enlarge or add to the outside dimension thereof, or relocate any building or structure already erected or which may hereafter be erected, or remodel any building or structure within the city without a building permit being first obtained therefore from the office of the City Clerk. The application for such permit shall be made and the permit obtained before work is commenced upon any building or structure or the foundation thereof, or before the removal of any building begins. Any construction and or remodeling effected without having obtained the written permit from the office of the City Clerk shall be a violation of this article and shall be punishable by a fine not to exceed Five Hundred ($500.00) Dollars per day. In addition, the City Administrator or his or her designee shall be permitted to issue a stop order for construction and or remodeling from proceeding which is deemed in violation of this article.

(Ord. 2018-09; Ord. 2020-15; Code 2021)

4-109 Same; application information required.

(a)A building permit shall be issued upon an application in writing to the office of city clerk on a form or forms provided for the purpose. This application shall, among other things, disclose the following:

(1)The name of the owner of the lot or tract of ground;

(2)The location of the building or structure;

(3)The building work proposed;

(4)The outside dimensions of the building by floors and dimensions of the basement (if applicable);

(5)The estimated cost of the work;

(6)The date work will commence;

(7)Name, address and proof of business and trade license(s) of contractor and subcontractors doing the work;

(8)Such other information as may be pertinent to the issuance of the required permit.

(b)An application for a building permit shall be signed by the owner or his or her duly authorized agent, or a building contractor licensed by the city. If the application is made by the owner or his or her agent, it shall contain the name or names of the licensed contractor or contractors doing the work described, or a building permit may be issued to the owner upon his or her application disclosing satisfactory evidence that the proposed work will be performed by the owner, himself or herself and not by a licensed contractor, and likewise subject to the final approval of the building inspector for work performed.

(c)Upon approval of the completed application and a determination that a permit should be issued, the chief building official or his or her assistant shall issue a permit to the owner or contractor authorizing the building work covered by the application.

(d)Any permit issued shall be valid and subsisting for a period of not more than six months from the date of issuance unless the permittee shall have commenced, within the period so limited, the building work authorized by such permit. Building work commenced shall mean the beginning of building work other than the preparation of plans or the staking out of the building location or the letting of a building contract.

(Ord. 2018-09; Ord. 2020-15; Code 2021)

4-110 Same; plans and specifications.

Whenever an application for a building permit is made, the chief building official may, if he or she finds it necessary to determine whether building work described in the application will comply with the laws pertaining to such work, require that the applicant file a written description or drawing of the proposed building as may be prepared for the purpose. The building official will require the applicant to file complete stamped architectural and engineering plans and specifications for such building, or any part thereof, as may be necessary for the inspector to determine compliance. The filing of such plans and specifications and the approval thereof in connection with an application for a permit shall not in any way affect the authority of the city to deny or issue a permit, or to inspect any building work for conformity.

(Ord. 2018-09; Ord. 2020-15; Code 2021)

4-111 Same; fees.

The fee for a building permit within the City of Frontenac, Kansas, shall be as listed below:

TOTAL VALUATION FEE

$1.00 – $1,000.00 No Fee

$1,001.00 – $5,000.00 $25.00

$5,001.00 – $25,000.00 $100.00

$25,001.00 – $100,000.00 $200.00

$100,001.00 – $250,000.00 $350

$250,001.00 – $500,000.00 $500.00

$500,000 – $1,000,000.00 $500.00 for the first $500,000.00 plus $1.80 for each additional $1,000.00 or fraction thereof, to and including $1,000,000.00

$1,000,001.00 and up $1,400.00 for the first $1,000,000 plus $1.20 for each additional $1,000.00 or fraction thereof

Additional utility service fees may apply according to City Ordinance and are in addition to the building permit fee.

A flat $25.00 permit fee shall apply to a re-roof of a residential structure which does not require structural changes to the building.

The fees herein shall be paid to the City Clerk upon obtaining a building permit and the same shall be credited to the general operating fund of the city.

(Ord. 2018-09; Ord. 2020-15; Code 2021)

4-112 Same; posting.

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

(Ord. 2018-09; Ord. 2020-15; Code 2021)

4-113 Inspections of building; layout of building; foundations and footings; notice to inspector.

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

Upon providing proper identification, the Building Inspector may enter any building, structure or premises at any reasonable hour, whether complete or in the process of erection, to perform his or her duties in the enforcement of code, and in the protection of the health and safety pf the public and property owner.

(Ord. 2018-09; Ord. 2020-15; Code 2021)

4-114 Liability.

This shall not be construed to relieve from any liability or lessen the liability of any person performing any activity connected herewith, nor shall the city be held as assuming any liability by reason of any inspection authorized herein, by reason of any certificate of inspection issued by it or by reason of any permit or license granted herein.

(Ord. 2018-09; Ord. 2020-15; Code 2021)

4-115 Certificate of occupancy.

The inspection process will conclude with the City issuing a Certificate of Occupancy to the owner of the property which has been inspected. The Certificate shall contain pertinent information related to the property and inspection process along with the authorized signatures of the City of Frontenac Building Inspector and/or City Administrator.

(Ord. 2018-09; Ord. 2020-15; Code 2021)

4-116 Severability.

If any section of the International Building Code, International Residential Code, or other codes enforced by the City shall be held unconstitutional or otherwise invalid by any court of competent jurisdiction, then such section shall be considered separate and apart from the remaining sections, the section to be completely severable from the remaining provisions which shall continue in full force and effect.

(Ord. 2018-09; Ord. 2020-15; Code 2021)