(a)   The International Building Code, 2006 Edition, as published by the International Code Council, at least one copy of which is on file at the City, is hereby adopted for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary, and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use and the demolition of such structures as herein provided; providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions and terms of said Building Code on file at the office of the City of Towanda, Kansas, are hereby referred to, adopted, and made a part hereof, as if fully set out in this article.

(b)   Said code shall include Appendix C, E, F, H, I and J with the following Amendments:

(1)   All structures with a floor area of more than 100 square feet require a building permit.

(2)   All fences require a building permit.

(3)   Building Official can set time limit for any permit.

(4)   All structures must be anchored to the ground to meet the requirements of the code.

(5)   Wood sill plates must be naturally durable or preservative treated wood.

(c)   Any person violating any provision of such code shall be punished as provided in section 1-118 of this code.

(Code 2004; Ord. 653; Code 2019)

Definitions of terms as used in this article shall be as follows:

(a)   Municipality as used in this code, shall mean the City of Towanda;

(b)   Corporation Counsel as used in this code, shall mean the attorney for the City of Towanda;

(c)   Building Official as used in this code, shall mean the building inspector of the City of Towanda;

(d)   Builder or Building Contractor - Any person who:

(1)   undertakes with or for another to build, construct, alter, add to, or repair any building, structure or portion thereof within the city for a fixed fee, price, percentage or compensation or;

(2)   advertises or otherwise represents to the public as having the capacity or ability to undertake to build, construct, alter, add to, or repair any building, structure, or portion thereof or;

(3)   builds, constructs, alters, adds to or repairs any building, structure or portion thereof, either on the builder’s or building contractor’s own or other property, for the purpose of speculation.

(Ord. 259, Sec. 6; Code 1985)

There is hereby created the office of building inspector of the city who shall be appointed by the mayor with the consent of the city council.

(Ord. 259, Sec. 2; Code 1985)

It shall be the duty of the building inspector to:

(a)   Receive applications required by the building code, issue permits and furnish prescribed certificates;

(b)   Examine the premises for which permits have been issued and make necessary inspections to see that the provisions of law are complied with and that construction is prosecuted safely;

(c)   Enforce all provisions of the building code;

(d)   Make investigations in connection with matters referred to in the building code and render written reports on the same.

(e)   Issue such notices or orders as may be necessary in order to enforce compliance with law, to remove illegal or unsafe conditions, to secure the necessary safeguards during construction or to require adequate exit facilities in buildings and structures.

Inspections required under the provisions of the building code shall be made by the building inspector or his or her duly appointed assistant. The building inspector may accept reports of inspectors of recognized inspection services, after investigation of their qualifications and reliability. No certificate called for by any provision of the building code shall be issued on such reports unless the same are in writing and certified to by a responsible officer of such service.

(Ord. 259, Sec. 3; Code 1985)

(a)   The building inspector shall keep comprehensive records of applications, of permits or certificates issued, of inspections made, of reports rendered, and of notices or orders issued.

(b)   All such records shall be open to public inspection during stated office hours, but shall not be removed from the office of the building official without his or her written consent.

(Code 1985)

The building inspector in the discharge of his or her official duties and upon proper identification shall have authority to enter any building, structure or premises at any reasonable hour.

(Ord. 259, Sec. 5; Code 1985)

Before beginning any building, construction, or repair work, or any interior remodeling projects which will appreciably alter the floor plan of an existing structure or alter the use of an existing structure, a builder or building contractor shall apply to the building inspector and obtain a permit to do such work. All such work shall meet the building code requirements.

(Ord. 391, Sec. 1)

(a)   A builder or building contractor, as defined in section 4-102 above, shall, before doing any such work, file with the city clerk a surety bond in the sum of $5,000. Such bond shall be approved by the mayor as to form and by the city council as to surety and shall be conditioned that the principal therein will have the city free and harmless from all damages to all persons or property resulting from his or her negligence or the negligence of his or her agents or employees and further conditioned that he or she will restore all streets, alleys and sidewalks to the condition existing before the commencement of any work and that he or she will maintain the streets, alleys and sidewalks in such condition for six months subsequent to the completion of such work. No bond for the purpose of this article shall run for a longer period of time than two years and the bond shall remain in full force and effect as to any piece of work or excavation for six months after the same has been completed: provided, that no such bond may be extended by a renewal certificate but a new bond shall be given to the city in every case where an existing bond expires.

(b)   In lieu of a bond, such person, firm or corporation may file with the city clerk a certificate of liability insurance covering the work to be performed. The certificate shall show that such person, firm or corporation is covered by a liability insurance policy issued by a corporation authorized to do business in Kansas and that the policy has a $300,000 minimum for bodily damages and $100,000 for property damage.

(Code 2004)

(a)   No permit as required by section 4-107 shall be issued until the fee prescribed in this section shall have been paid. Nor shall an amendment to a permit be approved until the additional fee, if any, due to an increase in the estimated cost of the building or structure, shall have been paid.

(b)   For a permit for the construction or alteration of a building or structure, for the removal of a building or structure from one lot to another, for the removal of a building or structure to a new location within the same lot, for the demolition of a building or structure, the fee shall be set forth in a fee schedule established by the governing body.

(c)   All of the permit fees prescribed in this section may be amended from time to time by resolution which shall at all times be on file with the city clerk.

(d)   The term “estimated cost” as used in this section, means the reasonable value of all services, labor, materials, and use of scaffolding and other appliances or devices entering into and necessary to the prosecution of completion of the work ready for occupancy; provided, that the cost of excavation or grading, and of painting, decorating or other work that is merely for embellishment or not necessary for the safe and lawful use of the building and structure is not deemed a part of such estimated cost.

(e)   No fee shall be assessed for the issuance of a building permit for construction or improvements necessitated solely for the purpose of accommodating the special needs of disabled persons.

(Ord. 259, Sec. 8; Ord. 399, Sec. 4; Ord. 415, Sec. 1; Code 2004)

Every building hereafter erected or altered within the city limits shall be enclosed on all sides with walls constructed wholly of stone, brick, cement, or wood, or other materials approved by the city council. Any existing buildings within the city limits which may hereafter be damaged by fire, decay or otherwise to an amount greater than one-half of its value may be ordered to be removed upon resolution by the city council.

(R.O. 1955, 3-301)

All of the provisions of section 4-110 shall apply to buildings now located or moved within the city limits which shall hereafter be repaired, remodeled or reconstructed.

(R.O. 1955, 3-302)

No frame building hereafter erected or altered within this city shall exceed two stories in height.

(R.O. 1955, 3-303)

In any building hereafter erected, altered or repaired; all chimneys shall be built of brick, stone, or other incombustible material. All chimneys shall be topped out at least three feet above the point of contact if a flat roof, and at least two feet above the ridge of a pitched roof. No chimneys in any building hereafter to be built shall be cut off below in whole or in part, and supported by wood, but shall be wholly supported by stone, brick, or iron, starting from the foundation; and all chimneys in any building already erected, or hereafter erected, which shall not conform to this requirement shall be repaired and made safe or taken down. All wooden beams or frame work shall be separated at least two inches from the chimney and no wood furring shall be used against or around any chimney, but the plastering shall be directly on the masonry or on metal lathing. The firebacks of all fireplaces hereafter erected shall not be less than eight inches thick, if of solid brick-work, and not less than 12 inches if of stone. When a grate is set in a fireplace, a lining of firebrick at least two inches in thickness shall be added to the fire-back, unless soap-stone, tile or cast-iron is used and filled solidly with fireproof material. No smoke pipe shall pass through any floor, or the roof of any building. All heating pipes from hot air furnaces, where passing through partitions or floors, must be double tin pipes, with at least one-half inch air space between, and no steam or hot-water pipes shall be nearer than one inch to any wood work.

(R.O. 1955, 3-305)

All stud wall, partitions, furrings, stair carriages and spaces between joists in all buildings hereafter erected shall be effectively fire stopped in a manner to completely cut off communication of fire through concealed spaces.

(R.O. 1955, 3-306)

All gas stoves in all public and private buildings within the city, shall be equipped with metal connections and no rubber hose shall be used in the connections. When gas stoves are used in any public building they shall be properly connected with a chimney or other outlet which will efficiently carry all fumes from the stoves outside such buildings.

(R.O. 1955, 3-307)