The following rules apply to all adopted construction codes in this chapter.  This chapter, including the standard codes 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, and effective control of housing conditions.

(Ord. 4050-20)

One copy of the standard code, with supplements and amendments, is 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 chapter, shall be controlling with respect to all subjects and matters therein contained within the corporate limits of the city.

(Ord. 4050-20)

The City of Ottawa hereby establishes a 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 Building Code, the International Residential Code for One- And Two- Family Dwellings, the International Property Maintenance Code, the International Plumbing Code, the International Mechanical Code, the International Fuel Gas Code, the International Energy Conservation Code, the National Electrical Code, the City of Ottawa Private Sewage Disposal Code, and the International Fire Code (as adopted in Chapter 9) and 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 Construction Board of Appeals shall consist of seven (7) members.  One member shall be a master electrician; one member shall be a master plumber; one member shall be a master mechanical installer; one member shall be a professional licensed engineer and / or architect; one member shall be a general contractor; one member shall be a person who by training and experience is qualified in building construction; and one member shall be a person who by training and experience is qualified in fire protection / life safety code all of whom shall be appointed by the governing body and shall serve a four-year term.  No member of the Construction 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.

(Ord. 4050-20)

(a)   Permit fees shall be set by resolution.

(b)   No permit shall be issued until all permit fees have been paid.

(Ord. 4050-20)

The Chief Building Official is authorized to establish a refund policy.

(Ord. 4050-20)

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.

(Ord. 4050-20)

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

(Ord. 4050-20)

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 that a violation continues shall constitute a separate offense.

(Ord. 4050-20)