That a certain document, three (3) copies of which are on file in the Building & Zoning office of the City of Louisburg, Kansas, being marked and designated as the International Building Code, 2018 Edition, as published by the International Code Council, be and is hereby adopted as the Building Code of the City of Louisburg in the State of Kansas, 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 Louisburg, Kansas, are hereby referred to, adopted, and made a part hereof, as if fully set out in this article, with  the additions, insertions, deletions and changes, if any, prescribed in Section 4-102.

(Ord. 865; Code 2020; Ord. 1122)

The following sections are hereby revised:

SECTION 101.1.  TITLE.  Section 101.1 of the IBC is hereby amended to read as follows:  Title. These regulations shall be known and referred to as this code, the IBC or the Building Code of the City of Louisburg, Kansas.

SECTION 104.10.  MODIFICATIONS.  Section 104.10 of the IBC is hereby amended to read as follows: Modifications.  Wherever there are practical difficulties involved in carrying out the provisions of this Building Code, 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 Building Code impractical and the modification is in compliance with the intent and purpose of this Building Code and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. If such requested modification involves fire apparatus emergency access drives, fire suppression and/or fire alarm systems, then the modification must also be approved by the fire official.  The details of action granting modifications shall be recorded and entered in the files of codes administration.

SECTION 105.2.  WORK EXEMPTED FROM PERMIT.  Section 105.2 of the IBC is hereby amended to read as follows:  Work exempted from permit.  Exemptions from permit requirements of this Building Code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this Building Code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:

Building:

1.    Retaining walls that are not over four (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.

2.    One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided that the floor area is not greater than 150 square feet.

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

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

3.    Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.

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

5.    Swings and other playground equipment accessory to detached one- and two-family dwellings.

6.    Window awnings supported by an exterior wall that do not project more than thirty-six (36) inches (914 mm) from the exterior wall and do not require additional support of Group R-3 and U occupancies.

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

Electrical:

1.    Repairs and maintenance:  Minor repair work, including the replacement of lamps and the replacement of smoke or carbon monoxide alarms, or the connection of approved portable electrical equipment to approved permanently installed receptacles.

2.    Radio and television transmitting stations: The provisions of this Building Code 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.

3.    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:

1.    Portable heating appliance.

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

Mechanical:

1.    Portable heating appliance.

2.    Portable ventilation equipment.

3.    Portable cooling unit.

4.    Steam, hot or chilled water piping within any heating or cooling equipment regulated by this Building Code.

5.    Replacement of any part that does not alter its approval or make it unsafe.

6.    Portable evaporative cooler.

7.    Self-contained refrigeration system containing ten (10) pounds or less of refrigerant and actuated by motors of one (1) horsepower or less.

8.    Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.

Plumbing:

1.    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 Building Code.

2.    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.

SECTION 105.3.  APPLICATION FOR PERMIT.  Section 105.3 of the IBC is hereby amended to read as follows: 

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

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

2.    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.

3.    Indicate the use and occupancy for which the proposed work is intended.

4.    Be accompanied by construction documents and other information as required in Section 107.

5.    State the valuation of the proposed work.

6.    Be signed by the applicant, or the applicant’s authorized agent.

7.    Give such other data and information as required by the building official.

SECTION 107.1.  SUBMITTAL DOCUMENTS, GENERAL.  Section 107.1 of the IBC is hereby amended to read as follows:  General. Construction documents, statement of special inspections, geotechnical report and other data shall be submitted in one or more sets with each permit application.  At least five (5) hard copies and one (1) digital copy of plans shall be submitted for all new construction with at least three (3) hard copies and one (1) digital copy being submitted for all alteration projects.  The construction documents shall be prepared by a registered design professional licensed by the State of Kansas.  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 Building Code.

SECTION 107.2.2 FIRE PROTECTION SYSTEM SHOP DRAWINGS.  Section 107.2.2 of the IBC is hereby amended to read as follows:  Fire protection system shop drawings. Shop drawings and supporting documentation for the fire protection system(s), which shall include but not be limited to provisions for fire alarm systems and sprinkler systems, shall be submitted to the fire official and shall indicate conformance with this Building Code, the Fire Protection Code (Chapter 7), and the construction documents.  The shop drawings shall be approved prior to the start of system installation.  Shop drawings shall contain all information as required by the referenced installation standards in this Building Code.

SECTION 110.3.  REQUIRED INSPECTIONS.  Section 110.3 through 110.3.13.1 of the IBC is hereby amended to read as follows:  Required inspections. The building official, upon notification, shall make the inspections set forth in Sections 110.3.1 through 110.3.13.

110.3.1 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.

110.3.2 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.

110.3.3 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.

110.3.4 Frame inspection. Framing inspections shall be made after the roof deck or sheathing, all framing, fireblocking 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.

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

       EXCEPTION: Gypsum board and gypsum panel products that are not part of a fire-resistance-rated assembly or a shear assembly.

110.3.6 Weather-exposed balcony and walking surface waterproofing.  Where balconies or other elevated walking surfaces are exposed to water from direct or blowing rain, snow or irrigation, and the structural framing is protected by an impervious moisture barrier, all elements of the impervious moisture barrier system shall not be concealed until inspected and approved.

       EXCEPTION: Where special inspections are provided in accordance with Section 1705.1.1, Item 3.

110.3.7 Fire- and smoke-resistant penetrations. Protection of joints and penetrations in fire-resistance-rated assemblies, smoke barriers and smoke partitions shall not be concealed from view until inspected and approved.

110.3.8 Energy efficiency inspections. Inspections may be required by the building official 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.

110.3.9 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 Building Code and other laws that are enforced by the department of building safety.

110.3.10 Special inspections. For special inspections, see Chapter 17.

110.3.11 Fire protection inspections. Inspection of all fire protection systems.  The fire official or his or her designee shall make this inspection.

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

110.3.13 Flood hazard documentation. If located in a flood hazard area, documentation of the elevation of the lowest floor as required in Section 1612.4 shall be submitted to the building official prior to the final inspection.

SECTION 116.  UNSAFE STRUCTURES AND EQUIPMENT. Repealed.

SECTION 423.2, STORM SHELTERS, GENERAL.  Section 423.2 of the IBC is hereby amended to read as follows:  Construction.  In addition to other applicable requirements in this code, storm shelters shall be constructed in accordance with ICC-500. Buildings or structures that are also designated as emergency shelters shall also comply with Table 1604.5 as Risk Category IV structures.

The following are exceptions and additions to ICC-500 requirements. 

1.    Sanitation facilities shall only be required for Community Shelters as defined by the ICC-500.  Community Shelters with a design occupant load of 100 or less shall be permitted to provide only one (1) toilet facility.

2.    Community Shelters shall be provided with fixed seating for 1/3 of the design occupant load.

3.    Community Shelters shall be provided with an approved first aid kit.

SECTION 423.4, GROUP E, R-4, I-1, OR I-2 OCCUPANCIES.  Section 423.4 of the IBC is hereby amended to read as follows:  Section 423.4.  Group E, R-4, I-1, or I-2 Occupancies.  In areas where the shelter design wind speed for tornados is 250 mph in accordance with Figure 304.2(1) of ICC 500, all Group E occupancies with an occupant load of 50 or more, and all I-1, or I-2 occupancies of any occupant load shall have a storm shelter constructed in accordance with ICC 500 as modified and adopted by the City.

EXCEPTIONS:

1.    Group E occupancies accessory to places of religious worship.

2.    Buildings meeting the requirements for shelter design in ICC 500.

SECTION 429, BASEMENT REQUIRED.  A new section 429 is hereby added to read as follows:  Basement Required.  Buildings classified as apartment houses under Group R-2 occupancies as defined in the Building Code shall be constructed with a basement.

EXCEPTIONS:

(a)   The provisions of this section shall not apply to Group R-2 occupancy buildings which are designed and constructed specifically for the use of disabled individuals and which contain a storm shelter or safe room constructed in accordance with IBC Section 423.

(b)   The provisions of this section shall not apply to Group R-2 occupancy buildings when it would be impractical to construct a basement in light of subsurface conditions verified by an engineer and when such dwellings contain a storm shelter or safe room constructed in accordance with IBC Section 423. 

(c)   The provisions of this section shall not apply to the repair or reconstruction of any existing Group R-2 occupancy building, unless such building is being 100% reconstructed.

SECTION 903.2, “WHERE REQUIRED”.  Section 903.2 of the IBC is hereby amended to read as follows:  An approved automatic sprinkler system shall be provided in all buildings regulated by the Louisburg Building Code. 

EXCEPTIONS:

(a)   Any occupancy specifically exempted from automatic sprinkler requirements by Kansas Statute or Administrative Regulation.

(b)   New or existing buildings regulated by the International Residential Code that are within 500 feet of an approved fire hydrant.

(c)   Group S-2 Open Parking Garages, and all Group U occupancies. 

(d)   All new buildings for occupancy groups other than H, I, and R with a total area less than one thousand (1,000) square feet.

(e)   Rooms or areas protected with an approved automatic fire detection system in accordance with Section 907.2 of the International Building Code that will respond to visible or invisible particles of combustion if: (1) application of water, or flame and water, to such room would constitute a serious life or fire hazard; or (2) such rooms or area are of noncombustible construction with wholly noncombustible contents. 

(f)   Renovations or improvements to existing buildings where no occupancy group classification change occurs and/or no additional building area is being created, and the cost of the sprinkler system installation downstream of the riser would exceed twenty percent (20) of the total cost of renovation.  In such cases, an approved sprinkler or other life safety improvement to the building may be required, provided that the cost of such requirement will not exceed twenty percent (20) of the cost of the renovation.

(g)   In-home day-care facilities for the care of 6 or fewer children for less than 12 hours per day.

SECTION 903.3 INSTALLATION REQUIREMENTS.  Section 903.3 of the IBC is hereby amended to read as follows:  903.3 Installation requirements.  Automatic sprinkler systems shall be designed and installed in accordance with Sections 903.3.1 through 903.3.8 of this code.  In addition, automatic sprinkler systems shall be protected in accordance with the adopted International Plumbing Code.

SECTION 905.3.  GENERAL.  Section 905.3 of the IBC is hereby amended to read as follows:  An approved Class I shall be required in all occupancies where the travel distance from the nearest point of approved fire department access to any point within the building exceeds 200 feet.  All Class I standpipe systems may be combined with sprinkler system piping.

EXCEPTION: Standpipe systems are not required in Group R-3, R-4 and U occupancies as applicable in 101.2.

SECTION 1202.1. VENTILATION GENERAL.  Section 1202.1 of the IBC is hereby amended to read as follows:

1203.1 General.  Buildings shall be provided with natural ventilation in accordance with Section 1202.5, or mechanical ventilation in accordance with the International Mechanical Code.

       Where the air infiltration rate in a dwelling unit is less than 3 air changes per hour where tested with a blower door at a pressure 0.2 inch w.c. (50 Pa) in accordance with Section 402.4.1.2 of the International Energy Conservation Code – Residential Provisions, the dwelling unit shall be ventilated by mechanical means in accordance with Section 403 of the International Mechanical Code. Ambulatory care facilities and Group I-2 occupancies shall be ventilated by mechanical means in accordance with Section 407 of the International Mechanical Code.

SECTION 1612.3.  ESTABLISHMENT OF FLOOD HAZARD AREAS.  Section 1612.3 of the IBC is hereby amended to read as follows:  1612.3 Establishment of Flood Hazard Areas.  The flood hazard map shall include areas of special flood hazard as identified by the Federal Emergency Management Agency.  The flood hazard map shall include the most current Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM).  These maps and supporting data are hereby adopted by reference and declared to be part of this section.  Additional flood hazard maps can be adopted at the discretion of the Governing Body of the City of Louisburg.

CHAPTER 29, PLUMBING SYSTEMS, TABLE 2902.1.  MINIMUM NUMBER OF REQUIRED PLUMBING FIXTURES.  Table 2902.1 of the IBC is hereby amended to provide the following footnotes:

(a)   The fixtures shown are based on one fixture being the minimum required for the number of persons indicated or any fraction of the number of persons indicated.  The number of occupants shall be determined by the International Building Code.

(b)   Toilet facilities for employees shall be separate from facilities for inmates or patients.

(c)   A single-occupant toilet room with one water closet and one lavatory serving not more than two adjacent patient sleeping units shall be permitted where such room is provided with direct access from each patient room and with provisions for privacy.

(d)   The occupant load for seasonal outdoor seating and entertainment areas shall be included when determining the minimum number of facilities required.

(e)   The minimum number of required drinking fountains shall comply with Table 2902.1 and Chapter 11.

(f)   Drinking fountains are not required for an occupant load of 15 or fewer.

(g)   Service sinks are not required for business occupancies with an occupant load of 15 or fewer.  

(h)   A drinking fountain is not required in M occupancies with an occupant load less than 50.

(i)    A service sink is not required in M occupancies with an occupant load less than 50.

(j)    The required number and type of plumbing fixtures for outdoor swimming pools shall be in accordance with Section 609 of the International Swimming Pool and Spa Code as adopted in Section 4-1001 of this Code.

SECTION 3001. 6, ACCEPTANCE INSPECTIONS.  A new Section 3001.6 of the IBC is hereby added to read as follows:  Acceptance Inspections.  All elevator equipment shall have an acceptance inspection and test performed and approved in accordance with ASME A17.1/ CSA B44 requirements.  Prior to the issuance of a Certificate of Occupancy, a copy of this inspection shall be forwarded to the City of Louisburg.

SECTION 3001.7, PERIODIC INSPECTIONS.  A new Section 3001.7 of the IBC is hereby added to read as follows:  Periodic Inspections.  All existing elevator equipment shall have a periodic inspections and testing performed and approved in accordance with ASME A17.3/ CSA B44 requirements.  A copy of these tests shall be forwarded to the City of Louisburg. 

SECTION 3001.8. CERTIFICATION OF INSPECTION REQUIRED. A new Section 3001.8 of the IBC is hereby added to read as follows: Certification of Inspection Required. It shall be unlawful to operate any elevator, dumbwaiter, escalator, or moving walk without a current certificate of inspection provided by a Qualified Elevator Inspector who is certified by the National Association of Elevator Safety Authorities or other similar certification from another nationally recognized organization.

SECTION 3001.9. EXISTING ELEVATORS. A new section 3001.9 of the IBC is hereby added to read as follows: Existing Elevators. In addition to all other applicable Existing Building Code requirements, existing elevators shall comply with ASME A17.3/CSA B44.

(Ord. 865; Code 2020; Ord. 1122; Ord. 1138)

(a)   Table 1-A BUILDING PERMIT FEES shall be adopted:

 

Inspections outside of normal business hours $50/hour (2 hour minimum).

(b)   New, single-family residential dwelling building permits shall not be subject to permit fees prescribed herein. Projects shall remain subject to building code and zoning review requirements. Duly obtained permits shall remain valid for a period of one year from the date of original issuance.

(Ord. 865; Code 2020; Ord. 1122; Ord. 1138; Ord. 1158; Ord. 1178)

The violation of this article by any person, whether owner, tenant, contractor or other person, shall be punishable by a fine of not to exceed Five Hundred ($500.00) Dollars for each offense. In case any activity is, or is proposed to be, used in violation of this article, the Building Inspector, City Attorney, or other appropriate authority of the municipality may, in addition to other remedies, institute injunction, mandamus, or other appropriate action or proceeding to prevent such unlawful activity.

(Ord. 865; Code 2020; Ord. 1122; Ord. 1138)

(a)   Every time the ownership or change of use of a commercial property has occurred, the City Fire Marshall and the City Building Inspector will conduct two separate inspections of the building(s) thereon. The purpose of this two-phase inspection process is to ensure that all commercial buildings are periodically inspected checking for fire and safety issues. The Building Inspector and Fire Department Inspector will conduct the inspection consultation to identify code deficiencies that need to be corrected for future occupancy.

(b)   The fee for both inspections is $50. If the building is undergoing remodeling through the building permit process, the $50 inspection fee will be deducted from the permit fee.

(Code 2020)