Article I. International Building Code

This article, including the standard code adopted hereby and amendments thereto incorporated by reference, shall constitute the minimum standards for the construction, reconstruction, alteration, remodeling, use, occupancy, location or maintenance of buildings and structures.

(Code 2015)

The “International Building Code, 2012 Edition”, published by the International Code Council, Inc., and all amendments, supplements and appendices thereto, is hereby incorporated by reference and made a part hereof as if fully set out herein save and except certain parts, sections or portions thereof specifically referred to and omitted there from or as amended or modified herein. The “Standard Code” or “Building Code” hereinafter referred to in this section is the “International Building Code, 2012 Edition”, of the International Code Council Inc., 500 New Jersey Avenue NW, 6th Floor, Washington DC 20001, and is hereby incorporated by reference as the Building Code of the City of Ottawa, Kansas..

(Code 2015)

One copy of the standard code with supplements and amendments are filed in the office of the city clerk and identified, marked or stamped as provided by statute K.S.A. 12-3010, shall be filed with the City Clerk and shall be open to inspection and available to the public during reasonable business hours. The aforesaid code is hereby incorporated by reference as fully as if set out at length herein, and the provisions thereof, unless otherwise specifically provided for in this article, shall be controlling with respect to all subjects and matters therein contained within the corporate limits of the city and the Urban Growth Area..

(Code 2015)

The City of Ottawa hereby establishes an Construction Board of Appeals to hear and decide appeals of orders, decisions or determinations made by the Chief Building Official relative to the application and interpretation of the International Residential One and Two Family Dwelling Code, the International Building Code, the International Energy Conservation Code, the International Fuel Gas Code, the International Mechanical Code, the International Plumbing Code, the International Private Sewage Disposal Code, the International Property Maintenance Code, the National Electrical Code, the International Fire Code presently adopted by the City of Ottawa.

The powers and duties of the board shall be to hear evidence on complaints of violations filed by the Chief Building Official and to determine the issues of law. The Board of Appeals shall have no authority relative to interpretation of the administrative provisions of these codes, nor shall the board be empowered to waive requirements of these codes.

Membership of Board: The board of appeals shall consist of seven (7) members, comprised of two (2) electricians, (one of which must be a master electrician); two (2) plumbers or HVAC, (one of which must be a master plumber); two (2) general contractors and one (1) architect/engineer all of whom shall be appointed by the governing body and shall serve a four-year term, with first appointments on a staggered basis. No member of the board of appeals shall serve more than two (2) consecutive terms. Vacancies shall be filled by appointment for the unexpired terms only.

Qualifications of Board Members: The board shall consist of members who are qualified by experience and training to rule on matters pertaining to building construction and who are not employees of the jurisdiction. Any member of the board who is engaged as a contractor, materials supplier or in the preparation of plans and specifications or in which they have any personal interest shall abstain from any decision making on the question in hand.

Board Chairperson, Vice Chairperson, Secretary: The board shall select one (1) of its members to serve as chairperson and one (1) of its members to serve as vice-chairperson. The Chief Building Official shall be an ex-officio member and shall act as secretary to said board, but shall have no vote on any matter before the board. The secretary shall keep detailed records of all proceedings on file in the office of the Chief Building Official. The board shall render all decisions and findings in writing to the appellant with a duplicate copy to the Chief Building Official.

(Code 2015)

Determination of, and condemnation of, dangerous or unsafe structures shall be governed by Chapter VI, Article VI of the Municipal Code.

(Code 2015)

Permit fees shall be set by resolution.

(Code 2015)

In case of any difference of opinion in regard to the meaning of any of the rules mentioned or provided for in this article, the decision of the Chief Building Official shall be final.

(Code 2015)

Any person, firm, or corporation violating any provisions of this article shall be deemed guilty of a Class B misdemeanor and, upon conviction thereof, shall be punishable by a fine of not less than $50.00 nor more than $500.00, or by imprisonment not to exceed 30 days, or by both such fine and imprisonment. Each separate day or part thereof shall constitute a separate offense.

(Code 2015)

The following are the revisions to the International Building Code adopted in Section 6-102 of the Municipal Code.

Section 101.1 Title. These regulations shall be known as the International Mechanical Code of the City of Ottawa, hereinafter referred to as “this code.”

Section 101.4.3 Plumbing. The provisions of the International Plumbing Code shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage systems and all aspects of a medical gas systems. The provisions of the City of Ottawa’s Private Sewage Disposal Code Ordinance Number 3844-13 shall apply to private sewage disposal systems.

Section 103 Community Development.

Section 103.1 Creation of enforcement agency. The official in charge of enforcement of this code shall be known as the Chief Building Official.

Section 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization 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 used as tool and storage sheds, playhouses and similar uses, provided the floor area is not greater than 120 square feet (11 mm2). Delete this item from work exempt from permit.

2     Fences not over 7 feet (2134 mm) high. Delete this item from work exempt from permit.

3     Oil derricks. Delete this item from work exempt from permit.

4     Retaining walls that are not over 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.

5     Water tanks supported directly upon grade if the capacity is not greater than 5,000 gallons (18,925 L) and the ratio of height to diameter or width is not greater than 2:1. Delete this item from work exempt from permit.

6     Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route.

7     Painting, papering, tiling, carpeting, cabinets, counter tops 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 (610 mm) deep, are not greater than 5,000 gallons (18,925 L) and are installed entirely above ground.

10   Shade cloth structures constructed for nursery or agricultural purposes, not including service systems. Delete this item from work exempt from permit.

11   Swings and other playground equipment.

12   Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support.

13   Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1753 mm) in height. Delete this item from work exempt from permit.

14   Decks not exceeding 200 square feet (18.58 m2 ) in area, that are not more than 30 inches (762 mm) above grade at any point, are not attached to a dwelling and do not serve the exit door required by Section R311.4. Delete this item from work exempt from permit.

15   Any building or structure used exclusively as an agricultural building in the Urban Growth Area in Franklin County as defined in Section 202 of the 2012 International Building Code and meets Appendix C for location and size. A plot plan, floor plan, and application for agricultural exemption shall be submitted in lieu of the permit. Agricultural buildings located within the City limits of Ottawa shall meet provisions of the 2012 International Building Code and other applicable codes as adopted and require permits. Add this item to work exempt from permit.

16   Fences used exclusively for an agricultural use including the use of barbwire. Add this item to work exempt from permit.

Section 105.3 Application for permit. To obtain a permit, the applicant shall first file an application therefore in writing on a form furnished by the Community Development Department 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 owner or the owner’s authorized agent.

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

Section 113 Means of Appeal. Delete this section in its entirety.

Section 3401.3 Compliance. Alterations, repairs, additions and changes of occupancy to, or relocation of, existing buildings and structures shall comply with the provisions for alterations, repairs, additions and changes of occupancy or relocation, respectively, in the International Energy Conservation Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Plumbing Code, International Property Maintenance Code, City of Ottawa Private Sewage Disposal Code, Ordinance Number 3844-13, International Residential Code and NFPA 70. Where provisions of the other codes conflict with provisions of this chapter, the provisions of this chapter shall take precedence. “International Private Sewage Disposal Code” with “City of Ottawa Private Sewage Disposal Code.”

Section 3412.2 Applicability. Structures existing prior to November 7, 1979, in which there is work involving additions, alterations or changes of occupancy shall be made to comply with the requirements of this section or the provisions of Sections 3403 through 3409. The provisions in Sections 3412.2.1 through 3412.2.5 shall apply to existing occupancies that will continue to be, or are proposed to be, in Groups A, B, E, F, M, R, S and U. These provisions shall not apply to buildings with occupancies in Group H or I.

Appendix A, Employee Qualifications. Delete this appendix in its entirety.

Appendix B, Board of Appeals. Delete this appendix in its entirety.

Appendix D, Fire Districts. Delete this appendix in its entirety.

Appendix M, Tsunami-Generated Flood Hazard. Delete this appendix in its entirety.

(Code 2015)