Buildings and Construction
15.04.020
Amendments and Additions
15.04.020 Amendments and Additions: Section 15.04.020 Amendments and additions. The following sections of the IBC, as adopted by section 15.04.010 are amended as follows:

A. Amend Section 101.1 Title of the IBC by replacing “[NAME OF JURISDICTION]” with “the City of Shawnee, Kansas”.

B. Amend by omitting Section 103 Department of Building Safety of the IBC in its entirety.

C. Amend by omitting Section 104.3 Notices and orders, of the IBC, and amend by adding in lieu thereof a new Section 104.3 Notices, orders and work hours, which reads:

104.3 Notices, orders and work hours. The Building Official, or his/her designated representatives, shall issue all necessary notices or orders to ensure compliance with this code.

All work done under a valid building permit, which is audible at any property line, shall conform to this section. No work regulated by this section shall be done between 10:00 PM and 7:00 AM Monday through Friday, or between 9:00 PM and 8:00 AM Saturday through Sunday.

EXCEPTION: 1. Emergency work, as approved by the City Manager, may be done at any time. 2. Work may be done between 6:00 AM and 10:00 PM Monday through Friday during the months of June, July, and August. 3. Work which is more than five-hundred feet (500’) from an occupied dwelling may be done at any time. 4. Work specifically authorized by the Planning Commission may be done as allowed by the Planning Commission. 5. Work, which is within five-hundred feet (500’) of an occupied dwelling in the same ownership as the permit holder doing the work, may be done at any time.

All measurements for the above exceptions are to be taken from the property line of the permitted project to the wall of affected dwellings. Construction projects, where work is done in violation of this section, may be required to stop all remaining work, as provided for in Section 115 of this code, for a period not to exceed seven (7) consecutive days, for each separate violation.

D. Amend by omitting Item # 4 under Section 105.2 Work exempt from permit. Building, of the IBC and amend by adding in lieu thereof a new Item # 4, which reads:
4. Retaining walls which are not over four feet (4’) in height measured from the bottom of the footing to the top of the wall, unless the wall is located within a drainage easement, or unless the wall is located on a lot that is designated as an E/I lot on the subdivision records of the City Engineer, or unless the wall supports a surcharge or impounds Class I, II or III-A liquids.

E. Amend by omitting Item # 6 under Section 105.2 Work exempt from permit., Building, of the IBC and amend by adding in lieu thereof a new Item # 6, which reads:
6. Sidewalks, driveways, decks and platforms not more than thirty inches (30”) or (762 mm) above grade and not over any basement or story below, and which are not part of an accessible route.

F. Amend the IBC by adding a new Item #14 under Section 105.2 Work exempt from permit, Building, which reads:
14. Replacement of existing windows and doors that do not require any changes to the framework of the building, re-roofing and re-siding.

G. Amend Section 105.3 Application for permit of the IBC by adding a new item # 8., which reads:

8. Include proof that the permit applicant has a valid contractor license, in the appropriate class, with Johnson County, Kansas. The Building Official is authorized to deny a building permit to any applicant that does not provide adequate proof of meeting this requirement. The Building Official is authorized to waive the requirement for a valid contractor license for permit applications that involve minor projects (such as decks, fences, simple repairs, grading, demolition, etc.), and for permit applications to remodel a single family residence when the application is made by the owner and occupant of that single family residence. The Building Official is also authorized to deny a building permit to any person who has an outstanding failure to appear in court (Bench Warrant), with respect to any violation of the Shawnee Municipal Code.

Each permit applicant seeking to obtain a permit for work on one-and two-family residential structures shall also be required to have on file with the Building Official a current contractor registration form. The Building Official shall, by administrative regulation, prepare the required form, which shall contain such information that the Code Official deems necessary to implement this requirement.

All persons identified on the contractor registration form as being legally responsible to the City for compliance with the conditions of the permit may be cited by the City for any violations of the code pertaining to that permit. The business, and any identified responsible persons, shall assume full legal responsibility and liability to the City for any permit issued to any authorized individual, and, absent written notification being received by the Code Official prior to the issuance of a permit of any changes in the authorized individuals, such responsibility shall exist regardless of whether in fact such listed authorized individual has any affiliation with the business at the time of issuance. It is further the continuing responsibility of the business to notify the Code Official in writing of any other changes to the form, and, in the absence of any such notification being received by the Code Official prior to the issuance of a permit, all identified responsible persons shall be responsible for that permit to the City regardless of whether they maintain any affiliation with the business.

H. Amend by omitting Section 105.5 Expiration, of the IBC, and to amend by adding in lieu thereof a new Section 105.5 Expiration and Extension of Building Permit, which reads:

105.5 Expiration and Extension of Building Permit. Every building permit shall become invalid unless the work described in the permit application and authorized by the permit is commenced within one-hundred eighty (180) days of the date of issuance, if a building inspection is not obtained within any one-hundred eighty (180) day period after the date of issuance, or if the work described in the permit application and authorized by the permit is substantially suspended or abandoned for a period of one-hundred eighty (180) days after the time work is commenced. Every building permit shall expire two (2) years from the date of permit issuance. The Building Official may upon written application and justifiable cause shown, grant in writing one extension of time, for a period of time not exceeding one-hundred eighty (180) days.

I. Amend the IBC by adding a new Section 105.8 Responsibility, which reads:

105.8 Responsibility. The permit applicant of record shall complete, and be responsible for, all work for which the building permit was issued, in full compliance with applicable laws and ordinances. The permit applicant of record shall complete, and be responsible, for all sidewalks, drive approaches, grading, installation of required landscaping, and culvert drains in the public right of way abutting the property described by the building permit. The construction of sidewalks, drive approaches, and other public improvements described above shall comply with all applicable technical specifications adopted by the City of Shawnee and shall be located as required by the applicable codes and policy statements of the City of Shawnee.
Failure by the permit applicant of record to fully comply with any of the above requirements shall be deemed a violation of this code.
The applicant of record may cancel the building permit by written request and written approval by the Building Official. The permit applicant of record shall still be responsible for all work completed under the building permit prior to cancellation. Building permits are not transferable.

J. Amend the IBC by adding a new Section 105.9 Compliance statement, which reads:

105.9 Compliance Statement. The Permit applicant of record for any construction of new one and two family dwellings shall submit a notarized statement that the project was constructed in compliance with all applicable municipal building codes and ordinances. The required notarized statement shall be submitted to the Building Official prior to any occupancy of the structure, on a form approved by the Building Official.

The Building Official is authorized to require written verification of the name of the subcontractor who performed electrical, plumbing, framing, fire protection, or mechanical work on any project for which a permit was issued. Written verification of the subcontractor work shall be on an approved form, provided by the subcontractor who did the work, and shall be provided to the Building Official prior to obtaining a satisfactory final inspection. The Building Official is authorized to waive this requirement for minor projects.

K. Amend the IBC by adding a new Section 105.10 Disclosure requirements, which reads:

105.10 Disclosure requirements. Before the purchaser is obligated under any contract to purchase covered housing, the seller shall provide the purchaser with a Residential Home Buyer Notice and Disclosure in a form approved by the Director of Planning.

That form shall substantially contain, without being limited to, the following information or future modifications thereof:
1. That the City of Shawnee has adopted a Comprehensive Plan and Circulation Plan.
2. That the Comprehensive Plan and Circulation Plan is a composite of mapped and written materials which together serve as a master plan and guide for the future physical development of Shawnee and comprises land use, traffic circulation, planning objectives, policies, standards and principles. Although the comprehensive Plan serves as a current expression of the Governing Body, the Governing Body may approve land use applications, which deviate from the Comprehensive Plan after public hearing.
3. That copies of the Comprehensive Plan are available in the Planning Department at City Hall, for a nominal cost. The Comprehensive Plan contains information about projected planned land uses, the location of bike/hike trails, and existing and future major streets.
4. That the City of Shawnee has adopted the International Residential Code for One and Two-Family Dwellings, which is the official Building Code covering the construction of one and two-family residential structures. The purpose of the Official Building Code is to provide minimum requirements to safeguard health, safety, and public welfare and the protection of property by regulating and controlling the design and construction of one and two-family residential structures. The primary responsibility for compliance with the Official Building Code is on the builder, who must certify to the City that the structure constructed is substantially in accordance with the official Building Code.
5. That although the City of Shawnee provides a program of routine inspection of one and two-family residential structures on a regularly scheduled basis during construction, it is not generally possible to inspect every component of all residential structures. These inspections cover some of the following components of the structure including footings, framing, utilities and mechanical services, and fireplaces. The City does not assure compliance with the Official Building Code or the overall quality of the construction, and does not inspect for grading on the private property, except for grading for drainage easements and grading within ten feet (10’) of the dwelling.
6. That purchasers of covered housing have a responsibility to:
A. Obtain and examine the compilation of information available from the City, including the Comprehensive Plan, and be familiar with the relevant information contained therein, including the proposed future development of the surrounding neighborhood.
B. Reasonably inspect and examine the covered housing and the various separate components thereof to evaluate the general condition and quality of construction, and to take reasonable action to determine if the covered housing has been constructed in substantial compliance with the Official Building Code; however, any duties of the purchasers do not, in any manner, relieve a builder from their responsibilities.
C. Make reasonable inquiry into the builder's reputation in the community for quality construction and customer service.
D. Review the real estate records to determine the existence of recorded deed restrictions and covenants, notices of current or future tax assessments, and other matters which might impact or affect the covered housing and adjacent property.

For the purpose of this section, "covered housing" shall mean real property on which there is situated a newly constructed single family or duplex residential dwelling used or occupied, or intended to be used or occupied pursuant to a Certificate of Occupancy; "seller" means any entity that transfers part, in return for consideration including, but not limited to, individuals, partnerships, corporations, and trusts.
The seller is required to obtain and preserve, for not less than three (3) years, a written acknowledgment of receipt of the required information.
This requirement is not intended to invalidate any contracts to purchase covered housing executed in violation of this ordinance or to otherwise affect a seller's or purchaser's rights under the law. Any violation of this ordinance will be subject to penalties in accordance with the provisions of Shawnee Municipal Code, Section 15.02.110.

L. Amend by omitting Section 109.6 Refunds of the IBC and amend by adding in lieu thereof a new Section 109.6 Refunds, which reads:

108.6 Refunds. The building official is authorized to refund a permit fee which was erroneously paid or collected. The building official may authorize refunding of not more than eighty percent (80%) of the permit fee paid when no work has been done under the permit issued, for any portion of the permit fee in excess of twenty-five dollars ($25.00). No refund shall be made for any permit fee paid of twenty-five dollars ($25.00) or less. The building official may authorize refunding of not more than eighty percent (80%) of the plan review fee paid when no plan review work has been done. The building official shall not authorize refunding of any fee paid except on written application filed by the original permittee, not later than one-hundred eighty (180) days after the date of fee payment.

M. Amend the IBC by adding a new Section 110.7 Final Inspection Report Required, which reads:

110.7 Final Inspection Report Required. It shall be unlawful for any building permit applicant or owner or party in possession of property described in the permit application, to fail to obtain a satisfactory final inspection report prior to the expiration of the building permit, unless an extension of the building permit is first granted prior to such expiration, in writing by the Building Official.

N. Amend by omitting Section 305.2 Group E, day care facilities. of the IBC and amend by adding in lieu thereof a new Section 305.2 Group E, day care facilities., which reads:

305.2 Group E, day care facilities. This group includes buildings and structures or portions thereof occupied by more than five children older than 2 years of age who receive educational, supervision or personal care services for fewer than 24 hours per day.

Exception: Daycare that is an accessory use for the dwelling unit principal residents, when conducted in compliance with applicable state and local regulations, shall comply with applicable requirements of the International Residential Code.

O. Amend the IBC by omitting Section 305.2.3 Five or fewer children in a dwelling unit.

P. Amend the IBC by omitting Section 310.5.1 Care facilities within a dwelling.

Q. Amend the IBC by adding a new SECTION 425 RESIDENTIAL GROUP R-2 AND R-3 OCCUPANCIES, which reads:

SECTION 425
RESIDENTIAL GROUP R-2 AND R-3 OCCUPANCIES

425.1 Purpose. The purpose of this Section is to establish minimum standards that incorporate physical security to make dwelling units resistant to unlawful entry.

425.1.1 Scope. The provisions of this Section shall apply to all new residential structures that contain dwelling units.

425.2 Doors. Except for vehicular access doors, all exterior swinging doors of residential buildings and attached garages, including the doors leading from the garage area into the dwelling, shall comply with sections 420.2.1 through 420.4.4. For purposes of this Section, doors leading from the garage area into the dwelling shall be deemed to be exterior doors.

425.2.1 Wood doors. Where installed, exterior wood doors shall be of solid core construction such as high-density particleboard, solid wood, or wood block core with a minimum thickness of one and three-fourths inches (1 3/4") at any point. Doors with panel inserts shall be solid wood. The panels shall be a minimum of one inch (1") thick. The tapered portion of the panel that inserts into the groove of the door shall be a minimum of one-quarter inch (1/4") thick. The groove shall be a dado groove or applied molding construction. The groove shall be a minimum of one-half inch (1/2") in depth.

425.2.2 Steel doors. Where installed, exterior steel doors shall be a minimum thickness of 24 gauge. 425.2.3 Fiberglass doors. Fiberglass doors shall have a minimum skin thickness of one-sixteenth inch (1/16") and have reinforcement material at the location of the deadbolt. 425.2.4 Double Doors. Where installed, the inactive leaf of an exterior double door shall be provided with flush bolts having an engagement of not less than one inch into the head and threshold of the doorframe 425.2.5 Sliding doors. Where installed, exterior sliding doors shall comply with all of the following requirements:

1. Sliding door assemblies shall be installed to prevent the removal of the panels and the glazing from the exterior with the installation of shims or screws in the upper track. 2. All sliding glass doors shall be equipped with a secondary locking device consisting of a metal pin or a surface mounted bolt assembly. Metal pins shall be installed at the intersection of the inner and outer panels of the inside door and shall not penetrate the frame’s exterior surface. The surface mounted bolt assembly shall be installed at the base of the door.

425.3 Door frames. The exterior door frames shall be installed prior to a rough-in inspection. Door frames shall comply with Sections 420.3.1 through 420.3.3 for the type of assembly installed.

425.3.1 Wood frames. Wood door frames shall comply with all of the following requirements:

1. All exterior door frames shall be set in frame openings constructed of double studding or equivalent construction, including garage doors, but excluding overhead doors. Door frames, including those with sidelights shall be reinforced in accordance with ASTM F476-84 Grade 40.

2. In wood framing, horizontal blocking shall be placed between studs at the door lock height for three (3) stud spaces or equivalent bracing on each side of the door opening. 425.3.2 Steel frames. All exterior door frames shall be constructed of eighteen (18) gauge or heavier steel, and reinforced at the hinges and strikes. All steel frames shall be anchored to the wall in accordance with manufacturer specifications. Supporting wall structures shall consist of double studding or framing of equivalent strength. Frames shall be installed to eliminate tolerances inside the rough opening. 425.3.3 Door jambs.

1. Door jambs shall be installed with solid backing in a manner so no void exists between the strike side of the jamb and the frame opening for a vertical distance of twelve inches (12") each side of the strike. Filler material shall consist of a solid wood block.

2. Door stops on wooden jambs for in-swinging doors shall be of one-piece construction. Jambs for all doors shall be constructed or protected so as to prevent violation of the strike.

425.4 Door hardware. Exterior door hardware shall comply with Sections 420.4.1 through 420.4.6

425.4.1 Hinges. Hinges for exterior swinging doors shall comply with the following:

1. At least two (2) screws, three inches (3") in length, penetrating at least one inch (1") into wall structure shall be used. Solid wood fillers or shims shall be used to eliminate any space between the wall structure and door frame behind each hinge.

2. Hinges for out-swinging doors shall be equipped with mechanical interlock to preclude the removal of the door from the exterior. 425.4.2 Strike plates. Exterior door strike plates shall be a minimum of eighteen (18) gauge metal with four offset screw holes. Strike plates shall be attached to wood with not less than three inch (3") screws, which shall have a minimum of one inch (1") penetration into the nearest stud. Note: For side lighted units, refer to Section 420.8.6.

425.4.3 Escutcheon plates. All exterior doors shall have escutcheon plates or wrap-around door channels installed around the lock protecting the door's edge.

425.4.4 Locks. Exterior doors shall be provided with a locking device complying with one of the following:

Single Cylinder Deadbolt shall have a minimum projection of one inch (1"). The deadbolt shall penetrate at least three-fourths inch (3/4") into the strike receiving the projected bolt. The cylinder shall have a twist-resistant, tapered hardened steel cylinder guard. The cylinder shall have a minimum of five (5) pin tumblers, shall be connected to the inner portion of the lock by solid metal connecting screws at least one-fourth inch (1/4") in diameter and two and one-fourth inches (2-1/4") in length. Bolt assembly (bolt housing) unit shall be of single piece construction. All deadbolts shall meet ANSI grade 2 specifications.

425.4.6 Entry vision and glazing. All main or front entry doors to dwelling units shall be arranged so that the occupant has a view of the area immediately outside the door without opening the door. The view may be provided by a door viewer having a field of view of not less than one-hundred eighty (180) degrees through windows or through view ports.

425.4.6 Side lighted entry doors. Side light door units shall have framing of double stud construction or equivalent construction complying with Section 420.3.1 through 420.3.3. The doorframe that separates the door opening from the side light, whether on the latch side or the hinge side, shall be double stud construction or equivalent construction complying with Sections 420.3.1 and 420.3.2. Double stud construction or construction of equivalent strength shall exist between the glazing unit of the side light and wall structure of the dwelling.

425.5 Street numbers. Street numbers shall be provided for all new buildings, and shall be positioned so as to be visible and plainly legible from the street or road fronting the property. Street numbers shall be subject to approval of the Fire Marshal.

425.6 Exterior Lighting. Exterior lighting shall comply with Sections 420.6.1 through 420.6.2.

425.6.1 Front and Street Side Exterior Lighting. All front and street side door entrances should be protected with a minimum of one light outlet having a minimum of sixty (60) watts of lighting (or energy efficient equivalent) installed so that the light source is not readily accessible.

425.6.2 Rear Exterior Lighting. Homes with windows or doors near ground level below eight feet (8’) on the rear side of the house shall be equipped with a minimum of one light outlet having 100 watt lighting ( or energy efficient equivalent) and shall be of the flood light type. Those fixtures placed below eight feet (8’) shall be fixtures manufactured such that the light source is not readily accessible.

425.7 Alternate materials and methods of construction. The provisions of this Section are not intended to prevent the use of any material or method of construction not specifically prescribed by this Section, provided any such alternate has been approved by the enforcing authority, nor is it the intention of this Section to exclude any sound method of structural design or analysis not specifically provided for in this Section. The materials, methods of construction, and structural design limitations provided for in this Section shall be used, unless the enforcing authority grants an exception.

The enforcing authority is authorized to approve any such alternate provided they find the proposed design, materials, and methods of work to be at least equivalent to those prescribed in this Section in quality, strength, effectiveness, burglary resistance, durability, and safety.

R. Amend by omitting Chapter 11 of the IBC in its entirety, and to amend by adding in lieu thereof a new Chapter 11, to read:

Chapter 11. ACCESSIBILITY

Sec. 1101. General. Modifications to existing buildings or sites, and construction of new buildings and sites shall comply with all applicable federal and state laws governing access and usability by individuals with disabilities. The permit applicant of record shall obtain certification from a registered architect that both the project design and the finished construction comply with applicable federal and state regulations governing accessibility. The permit applicant of record shall submit the design certification to the building official prior to the issuance of a building permit. The finished construction certification shall be submitted to the building official prior to the issuance of a certificate of occupancy for the project. A single registered architect shall certify the entire scope of the project design documents and the finished construction project. The building official may waive submission of proof of certification for minor projects. The waiver of certification submission shall not relieve the requirement that the permit applicant of record obtain an architect's certification as described above. Appeals to accessibility requirements, where allowed by federal or state law, shall be heard by the board of appeals.

S. Amend by omitting Section 1203.1 General., of the IBC, and to amend by adding in lieu thereof a new Section 1203.1 General., which reads:

1203.1 General. Buildings shall be provided with natural ventilation in accordance with Section 1203.4, or mechanical ventilation in accordance with the International Mechanical Code.

T. Amend Section 1612.3 Establishment of flood hazard areas of the IBC by replacing “[INSERT NAME OF JURISDICTION]” with “City of Shawnee, Kansas”and by replacing “[INSERT DATE OF ISSUANCE]” with “August 3, 2009.”

U. Amend the IBC by adding a new Section 2902.6 Drinking fountains and service sinks, which reads:

2902.6 Drinking fountains and service sinks. The Building Official is authorized to accept equivalent means for providing drinking water and cleaning facilities besides requiring drinking fountains and service sinks, such as bottled water, or cleaning equipment that can be used without a service sink.

V. Amend the IBC by adding a new SECTION 3009 INSPECTION OF EXISTING ELEVATORS which reads:

SECTION 3009 INSPECTION OF EXISTING ELEVATORS

3009.1 Scope. This section governs the maintenance, testing and inspection, of existing elevators and conveying systems and their components.

3009.2 Certificates of Inspection Required. It shall be unlawful to operate any elevator, dumbwaiter, escalator or moving walk without a current certificate of inspection issued by the building official. Such certificate shall be issued upon payment of prescribed fees and the presentation of a valid inspection report from a qualified individual, indicating that the conveyance is safe and that the inspections and tests have been performed in accordance with Part X of ASME A-17.1/CSA B44. Certificates shall not be issued when the conveyance is posted as unsafe.

3009.3 Application for Certificates of Inspection. Application for a certificate of inspection shall be made by the owner of an elevator, dumbwaiter, escalator or moving walk. Applications shall be accompanied by an inspection report as described in Section 3009.2. Fees for certificates of inspection shall be as specified in this section.

3009.4 Fees. A fee for each certificate of inspection shall be paid to the City of Shawnee as follows: 3009.5 General. The owner shall be responsible for the safe operation and maintenance of each elevator, dumbwaiter, escalator or moving walk installation and shall cause periodic inspections, tests and maintenance to be made on such conveyances as required in this section.

3009.6 Periodic Inspections and Tests. Routine and periodic inspections and tests shall be made as required by Part X of A-17.1.

3009.7 Alterations, Repairs and Maintenance. Alterations, repairs and maintenance shall be made as required by Part XII of A-17.1.

3009.8 Inspection Costs. All costs of such inspections and tests shall be paid by the owner.

3009.9 Inspection Reports. After each required inspection, a full and correct report of such inspection shall be filed with the building official. (Ord. 2972, 2010; Ord. 2898, 2009; Ord. 2761, 2005; Ord. 2785, 2005)

(Ord. 3043, 2012 )