Chapter IV · Buildings and Construction

Article 1. Building Code

Sections 4-101 to 4-103 · 3 sections

4-101 Adoption of various building codes.

(a)The following codes and standards are hereby adopted and incorporated by reference under the provisions of Sections 12-3009 and 12-3012 of the Kansas -Statutes Annotated as the Building, Residential, Fire, Plumbing, Mechanical, Fuel Gas, and Electrical Codes of the City of Haven, Kansas, for the control of buildings, structures, and other premises as therein provided:

International Building Code, 2015 Edition, published by the International Code Council;

International Residential Code for One- and Two-Family Dwellings, 2015 Edition, published by the International Code Council;

International Fire Code, 2015 Edition, published by the International Code Council;

International Plumbing Code, 2015 Edition, published by the International Code Council;

International Mechanical Code, 2015 Edition, published by the International Code Council;

International Mechanical Code, 2015 Edition, published by the International Code Council;

International Fuel Gas Code, 2015 Edition, published by the International Code Council;

National Electrical Code (NFPA 70), 2017 Edition, published by the National Fire Protection Association.

Standard for the Installation and Use of Stationary Combustion Engines and Gas Turbines (NFPA 37), 2021 Edition, published by the National Fire Protection Association.

Each and all of the regulations, provisions, penalties, conditions, and terms of the above-identified codes and standards are hereby referred to, adopted, and made a part hereof as if fully set out in this Article, with additions, insertions, deletions, and changes, if any prescribed in this Article.

(b)No fewer than three copies of said codes, including supplements thereto, shall be kept on file in the office of the City Clerk. Each copy shall be marked or stamped “Official Copy as Incorporated by Ordinance No. 718” with deletions and amendments clearly marked. The codes shall be open for public inspection at all reasonable business hours..

(Ord. 581; Code 2019; Ord. 715; Ord. 718)

4-102 Amendments and Revisions.

(a)Wherever the phrase “NAME OF JURISDICTION” in the above-listed codes and standards, the phrase “the City of Haven, Kansas” shall be inserted in the place of “NAME OF JURISDICTION”.

(b)Wherever the phrase “DATE OF ISSUANCE, in the above-listed codes and standards, the phrase “July 17, 2023” shall be inserted in the place of “DATE OF ISSUANCE”.

(c)Whenever the term “building official”, “fire code official” or “code official” is used in the above-listed codes and standards, it shall mean the City Building Inspector and other individuals designated by the Governing Body of the City of Haven, Kansas..

(d)The International Building Code (“IBC”), 2015 Edition, shall be revised as follows:

(1)Subsection 109.10 Fees, shall be added and read:

Fees. Each application for a building permit shall be accompanied by a building permit fee, which shall be based upon the valuation of the construction as determined by the Building Official, as follows:

Valuation		Building Permit Fee
$0 - $1,000.99	$25.00
$1,001 - $2,000.99	$25 for the first $1,000 plus $2 for each additional $100 or fraction thereof
$2,001 - $25,000.99	$45 for the first $2,000 plus $8 for each additional $1,000 or fraction thereof
$25,001 - $50,000.99	$229 for the first $25,000 plus $2 for each additional $1,000 or fraction thereof
$50,001 - $100,000.99	$379 for the first $50,000 plus $2 for each additional $1,000 or fraction thereof
$100,001 - $500,000.99	$579 for the first $100,000 plus $3 for each additional $1,000 or fraction thereof
$500,001 - $1,000,000.99	$1,779 for the first $500,000 plus $2.50 for each additional $1,000 or fraction thereof
Over $1,000,001	$3,029 for the first $1,000,000 plus $2 for each additional $1,000 or fraction thereof

(2)IBC Section 113 Board of Appeals, shall be deleted and a new Section 113 Appeals shall be inserted to read:

113.1 General. Appeals of orders, decisions, or determinations made relative to the application and interpretation of the IBC shall be heard by the City Board of Zoning Appeals or other individuals designated by the Governing Body.

113.2 Limitation on Authority. An application for an appeal shall be based on a claim that the true intent of the IBC or rules legally adopted thereunder have been incorrectly interpreted, the provisions of the IBC do not fully apply, or an equally good or better form of construction is proposed. The requirements of the IBC shall not be waived on an appeal.

(3)Subsection 114.4 Violation Penalties shall be amended to read:

Persons who violate a provision of the IBC; fail to comply with any of the requirements thereof; erect, or install, alter, repair, or do work in violation of the approved construction documents or directive of the building official or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000.00 dollars or by imprisonment not exceeding one year, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

(e)International Residential Code for One- and Two-Family Dwellings (“IRC”), 2015 Edition, shall be revised as follows:

(1)IRC Table R301.2(1) Climatic and Geographic Design Criteria is hereby amended to read as follows:

(2)IRC Section R113.4 Violation Penalties, shall be deleted and a new Section R113.4 Violation Penalties shall be inserted to read as follows:

R113.4 Violation Penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the building official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000.00 dollars or by imprisonment not exceeding one year, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

(3)IRC Section P2603.5.1 Sewer Depth, is hereby revised to insert the following:

“16” for NUMBER in two locations.

(f)International Fire Code (IFC) Amendments and Revisions:

(1)IFC Section 109.3 Violation Penalties, is hereby revised to insert the following:

“misdemeanor” for SPECIFY OFFENSE

“1,000.00” for AMOUNT

“one year” for NUMBER OF DAYS

(2)IFC Section 111.4 Failure to Comply, is hereby revised to insert the following:

“100” for AMOUNT in not less than AMOUNT

“1,000” for AMOUNT in not more than AMOUNT

(g)International Plumbing Code (IPC) Amendments and Revisions:

(1)IPC Section 106.6.2 Fee Schedule, is hereby revised to insert the following:

“$25.00” for JURISDICTION TO INSERT APPROPRIATE SCHEDULE

(2)IPC Section 106.6.3 Fee Refunds, is hereby deleted in its entirety.

(3)IPC Section 108.4 Violation Penalties, is hereby revised to insert the following:

“misdemeanor” for SPECIFY OFFENSE

“1,000.00” for AMOUNT

“one year” for NUMBER OF DAYS

(4)IPC Section 108.5 Stop Work Orders, is hereby revised to insert the following:

“100” for AMOUNT in not less than AMOUNT

“1,000” for AMOUNT in not more than AMOUNT

(5)IPC Section 109 Means of Appeal shall be deleted and a new section 109 Means of Appeal is hereby inserted to read as follows:

Section 109 Means of Appeal

109.1 General. Appeals of orders, decisions, or determinations made relative to the application and interpretation of the IPC shall be heard by the City Board of Zoning Appeals or other individuals designated by the Governing Body.

109.2 Limitations on Authority. An application for an appeal shall be based on a claim that the true intent of the IPC or rules legally adopted thereunder have been incorrectly interpreted, the provisions of the IPC do not fully apply, or an equally good or better form of construction is proposed. The requirements of the IPC shall not be waived on an appeal.

(6)IPC Section 305.4.1 Sewer Depth, is hereby revised to insert the following:

“16” for NUMBER in two locations

(7)IPC Section 903.1 Roof Extension, is hereby revised to insert the following:

“18” for NUMBER

(h)International Mechanical Code (IMC) Amendments and Revisions:

(1)IMC Section 106.5.2 Fee Schedule, is hereby revised to insert the following:

“$25.00” for JURISDICTION TO INSERT APPROPRIATE SCHEDULE

(2)IMC Section 106.5.3 Fee Refunds, is hereby deleted in its entirety.

(3)IMC Section 108.4 Violation Penalties, is hereby revised to insert the following:

“misdemeanor” for SPECIFY OFFENSE

“1,000.00” for AMOUNT

“one year” for NUMBER OF DAYS

(4)IMC Section 108.5 Stop Work Orders, is hereby revised to insert the following:

“100” for AMOUNT in not less than AMOUNT

“1,000” for AMOUNT in not more than AMOUNT

(5)IMC Section 109 Means of Appeal shall be deleted, and a new section 109 Means of Appeal is hereby inserted to read as follows:

Section 109 Means of Appeal

109.1 General. Appeals of orders, decisions, or determinations made relative to the application and interpretation of the IMC shall be heard by the City Planning Commission or other individuals designated by the Governing Body.

109.2 Limitations on Authority. An application for an appeal shall be based on a claim that the true intent of the IMC or rules legally adopted thereunder have been incorrectly interpreted, the provisions of the IMC do not fully apply, or an equally good or better form of construction is proposed. The requirements of the IMC shall not be waived on an appeal.

(i)International Fuel Gas Code (IFGC) Amendments and Revisions:

(1)IFGC Section 106.6.2 Fee Schedule, is hereby revised to insert the following:

“$25.00” for JURISDICTION TO INSERT APPROPRIATE SCHEDULE

(2)IFGC Section 106.6.3 Fee Refunds, is hereby deleted in its entirety.

(3)IFGC Section 108.4 Violation Penalties, is hereby revised to insert the following:

“misdemeanor” for SPECIFY OFFENSE

“1,000.00” for AMOUNT

“one year” for NUMBER OF DAYS

(4)IFGC Section 108.5 Stop Work Orders, is hereby revised to insert the following:

“100” for AMOUNT in not less than AMOUNT

“1,000” for AMOUNT in not more than AMOUNT

(5)IFGC Section 109 Means of Appeal shall be deleted, and a new section 109 Means of Appeal is hereby inserted to read as follows:

Section 109 Means of Appeal

109.1 General. Appeals of orders, decisions, or determinations made relative to the application and interpretation of the IFGC shall be heard by the City Board of Zoning Appeals or other individuals designated by the Governing Body.

109.2 Limitations on Authority. An application for an appeal shall be based on a claim that the true intent of the IFGC or rules legally adopted thereunder have been incorrectly interpreted, the provisions of the IFGC do not fully apply, or an equally good or better form of construction is proposed. The requirements of the IFGC shall not be waived on an appeal.

(j)National Electrical Code NFPA 70 (NFPA 70) Amendments and Revisions:

(1)A new Chapter 10 Administration and Enforcement shall be added to NFPA 2017 edition and shall read as follows:

Chapter 10 Administration and Enforcement

10.1 Permits.

(a) When Required. Any owner, authorized agent or contractor who desires to erect, install, enlarge, alter, repair, remove, convert or replace any electrical system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application for a permit for the work and obtain the required permit for the work.

(b) Permit Application. Each application for a permit, with the required fee, shall be filed with the City Clerk on a form furnished for that purpose and shall contain a general description of the proposed work and its location. The application shall be signed by the owner or an authorized agent. The permit application shall indicate the proposed occupancy of all parts of the building and of that portion of the site or lot, if any, not covered by the building or structure and shall contain such other information required by the code official.

(c)Fee schedule. The fees for all electrical work shall be as indicated in the following schedule: $25.00

10.2 Scope.

(a) New Installations. This Code applies to new installations. Buildings with construction permits dated after adoption of this Code shall comply with its requirements.

(b) Existing Installations. Existing electrical installations that do not comply with the provisions of this Code shall be permitted to be continued in use unless the authority having jurisdiction determines that the lack of conformity with this Code presents an imminent danger to occupants. Where changes are required for correction of hazards, a reasonable amount of time shall be given for compliance, depending on the degree of the hazard.

(c)Additions, Alterations, or Repairs. Additions, alterations, or repairs to any building, structure, or premises shall conform to that required of a new building without requiring the existing building to comply with all the requirements of this Code. Additions, alterations, installations or repairs shall not cause an existing building to become unsafe or to adversely affect the performance of the building as determined by the authority having jurisdiction. Electrical wiring added to an existing service, feeder or branch circuit shall not result in an installation that violates the provisions of the Code in force at the time the additions are made.

10.3 Enforcement.

(a) Where used in this Chapter, the term “authority having jurisdiction” shall include the City Building Inspector for the City of Haven, Kansas, or other individuals designated by the Governing Body of the City of Haven, Kansas.

(b) Persons who shall violate a provision of this Code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the authority having jurisdiction, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000.00 dollars or by imprisonment not exceeding one year, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

10.4 Appeal.

(1) General. Appeals of orders, decisions, or determinations made relative to the application and interpretation of NFPA 70 shall be heard by the City Board of Zoning Appeals or other individuals designated by the Governing Body.

(2) Limitations on Authority. An application for an appeal shall be based on a claim that the true intent of NFPA 70 or rules legally adopted thereunder have been incorrectly interpreted, the provisions of NFPA 70 do not fully apply, or an equally good or better form of construction is proposed. The requirements of NFPA 70 shall not be waived on an appeal.

(k)Standard for the Installation and Use of Stationary Combustion Engines and Gas Turbines (NFPA 37) Amendments and Revisions:

(1)A new Chapter 12 Enforcement shall be added to NFPA 37 (2021 Edition) and shall read as follows:

Chapter 12. Enforcement

12.1 Penalties. Unless otherwise specified, any person violating the requirements set out in NFPA 37 (2021 Edition) shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding $1,000.00. Each day in which any such violation shall continue or occur shall be deemed a separate offense.

(Ord. 581; Ord. 601; Code 2019; Ord. 684; Ord. 715; Ord 718)

4-103 Uniform street numbering.

(a)Each business or residence shall have assigned to it a number by the City Clerk of the City of Haven.

(b)Numbers so assigned hall be displayed in such a manner as to be plainly visible from the street upon which the number has been assigned.

(c)All subsequent establishments shall have assigned to them numbers in accordance with the approved uniform plan, by the City Clerk of the City of Haven upon issuance of a building permit, start of construction, or placement of building.

(Ord. 260; Code 2019)