There is hereby incorporated by reference, for the purpose of establishing rules and regulations for construction, alteration, addition, demolition, equipment, use and occupancy, location and maintenance of buildings and structures within the corporate city limits of the City of Peabody, Kansas, that certain standard building code known as the International Building Code, 2006 Edition, including Appendices C, E, F, G, I and J as being recommended by the International Code Council, 5360 South Workman Mill Road, Whittier, California, 90601, save and except such articles, sections, parts or portions thereof as hereinafter omitted, deleted, modified or changed. No fewer than three (3) copies of such publication shall be marked or stamped “Official Copy as adopted by Ordinance No. 09-2010, and shall be attached to a copy of this article and filed with the city clerk and open for inspection and available to the public at all reasonable hours. All administrative departments of the city charged with enforcement of this code shall be supplied, at the cost of the city, such number of official copies, similarly marked, as may be deemed expedient.

(K.S.A. 12 3009; 3012; Ord. 09-2010; Code 2016)

(a)   No person or corporation shall erect or cause to be erected within the city any structure of any kind or enlarge or add to the outside dimensions thereof nor relocate any building or structure already erected or which may hereafter be erected without a building permit being first obtained therefor from the Zoning Administrator. The application for the building permit shall contain all of the necessary requirements as set forth in Article 70, Section 30 of the Zoning Regulations of the City of Peabody, Kansas. The fees for building permits shall be as follows:

(1)   For the first two thousand (2,000) square feet of floor space a fee shall be charged by the City and paid by the applicant at the rate of four cents (.04) per square foot.

(2)   In excess of two thousand (2,000) square feet, a fee shall be charged by the City and paid by the applicant at the rate of two cents (.02) per square foot.

(3)   A minimum fee shall be charged in the sum of twenty-five dollars ($25.00) for each building permit.

(4)   All accessory structures such as garages, breezeways, carports, tunnels or the like shall be charged at a rate of fifty percent (50%) of the rate computed in (1) and (2) above.

(b)   The fees for renewal of building permits shall be $25 for structures in subsections 6-102(a)(l) through (a)(3) above, and $12.50 for accessory structures listed in subsection 6-102(a)(4). A current building permit must be maintained by a property owner through final inspection and approval of the structure.

(d)   Any construction commenced pursuant to 6-102(a) above, or renewed pursuant to 6-102(b) above, must be completed within one year from the date the building permit is issued, or the permit shall then expire. Every permit (whether original or renewed) issued under the provisions of this article shall expire by limitation and become null and void if:

(1)   the work authorized by such permit is not started within three months from the date of issuance of such permit, or

(2)   the work authorized by such permit is suspended or abandoned at any time after the work is started for a period of six months.

       Any such construction performed after expiration of a permit shall require the issuance of a new permit.

(e)   The International Building Code, adopted by Section 6-101, is hereby changed, altered, modified or otherwise amended as follows:

(1)   Section 101.1 of the International Building Code is hereby changed to read as follows:

       Section 101.1 Title. These regulations shall be known as the Building Code of the City of Peabody, Kansas, herein after known as “this code”.

(2)   Section 101.4.1 of the International Building Code is hereby deleted.

(3)   Section 105.2 of the International Building Code is hereby changed to read as follows:

       Section 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authority for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:

1.    One story detached accessory structures provided the floor area does not exceed 200 square feet.

2.    Fences not over 6 feet high.

3.    Oil derricks.

4.    Retaining walls that are not over 4 feet in height measured from the bottom of the footings to the top of the wall, unless supporting a surcharge or impounding class I, II or IIIA liquids.

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

6.    Sidewalks, driveways and non-enclosed or covered decks not more than 30 inches above adjacent grade at any point, and not over any story or basement below and are not part of an accessory route.

7.    Painting, papering, tiling, carpeting, cabinets, countertops and similar finish work.

8.    Temporary motion picture, television and theater stage sets and scenery.

9.    Prefabricated swimming pools accessory to a group R-3 occupancy that are less than 24 inches deep, do not exceed 5,000 gallons and are installed entirely above ground.

10.  Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.

11.  Swings and other playground equipment.

12.  Window awnings supported by an exterior wall that do not project more than 54 inches from the exterior wall and do not require additional support of group R-3 and U occupancies.

       Non-fixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches in height.

(4)   Section 108.2 of the International Building Code is hereby deleted

(5)   Section 108.3 of the International Building Code is hereby deleted.

(6)   Section 108.4 of the International Building Code is hereby changed to read as follows:

       Section 108.4 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 equal to one half of the permit fee in addition to the required permit fees.

(7)   Section 1013.3 of the International Building Code is hereby changed to read as follows:

       Section 1013.3. Opening limitations. Open guards shall have intermediate rails or an ornamental pattern such that a sphere 4 1/2” (102 mm) in diameter cannot pass through.

Exceptions:

       The open space between the intermediate rails or ornamental pattern of guardrails in areas of commercial and industrial-type occupancies which are not accessible to the public may be such that a sphere 12” (305 mm) in diameter cannot pass through.

1.    The triangular openings formed by the riser, tread and bottom element of a guardrail at the open side of a stairway may be of such size that a sphere 6” (152 mm) in diameter cannot pass through.

2.    At elevated walking surfaces for access to and use of electrical, mechanical and plumbing systems or equipment, guards shall have balusters or be of solid materials such that a sphere with a diameter of 21 inches cannot pass through any opening.

(8)   Section 1026.1 of the International Building Code is hereby changed to read as follows:

       Section 1026.1 General. In addition to the means of egress required by this chapter, provisions shall be made for emergency escape and rescue in group R as applicable in Section 101.2 and Group I-1 occupancies. Basements and sleeping rooms below the fourth story shall have at least one exterior emergency escape and rescue opening in accordance with this section. Such openings shall open directly into a public street, public alley, yard or court.

(9)   Section 1026.2 of the International Building Code is hereby changed to read as follows:

       Section 1026.2 Minimum size. Emergency escape and rescue openings shall have a minimum net clear opening of 5.7 square feet.

(10) Section 2701.1 of the International Building Code is hereby changed to read as follows: (Ordinance No. 09-2010)

       Section 2701.1 Scope. This chapter governs the electrical components, equipment and systems used in buildings and structures covered by this code. Electrical components, equipment and systems shall be designed and constructed in accordance with the provisions of the National Electrical Code as adopted in Section 6-401 of the city code of ordinances.

(11) Section 2702.1 of the International Building Code is hereby changed to read as follows:

       Section 2702.1 Installation. Emergency and standby power systems shall be installed in accordance with the National Electrical Code, NFPA 110 and NFPA 111.

(Ord. 895; Ord. 09-2010; Code 2016)