As used in this Article, the words and phrases herein defined shall have the following meanings unless the context otherwise requires:
(a) Whenever the word municipality is used in the building code, it shall be held to mean the City of Ozawkie, Kansas;
(b) Whenever the term corporation counsel is used in the building code, it shall be held to mean the city attorney of the City of Ozawkie;
(c) Whenever the term building official is used in the building code, it shall be held to mean the mayor or his or her authorized designee.
(Code 2007)
There is hereby adopted and incorporated by reference, for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, the International Building Code, as recommended by the International Conference of Building Officials, such code being made as a part of the ordinances and code of the city as if the same had been set out in full herein, all as authorized and in the manner prescribed by K.S.A. 12-3009 through 12-3012 including any amendments thereto. No fewer than three copies of the most current edition as recommended by the League of Kansas Municipalities, International Building Code, shall be marked or stamped “Official Copy as Incorporated by the Code of the City of Ozawkie,” and shall be filed with the city clerk to be open to inspection and available to the public at all reasonable hours of business.
Any person violating any provision of such code shall be punished as provided in section 1-116 of this code.
(Code 2007)
(a) There is hereby adopted and incorporated by reference, for the purpose of establishing rules and regulations for the construction, alteration, removal, demolitions, equipment, use and occupancy, location and maintenance of buildings and structures, and to supplement the International Building Codes (I.B.C.), with rules specific to the City of Ozawkie, An Ozawkie Building Code, Amended, as if the same had been set out in full within, all as authorized in the manner prescribed by K.S.A. 12-3009 thru 12-3012 including any amendments thereto.
(b) At least one copy of the “Ozawkie Building Code, Amended” shall be marked or stamped “Official Copy as Incorporated by the Code of the City of Ozawkie”, and shall be filed with the city clerk to be open to inspection and available to the public at all reasonable hours of business, and available on the city website.
(c) Copies of said Code shall be presented to all members of the Planning and Zoning Board and may be made available, for a reasonable fee, to any interested parties (i.e., builders, contractors, etc.).
(Code 2007; Code 2025)
The following sections of this Article are in addition to the provisions of the standard code incorporated by reference in section 4-202.
(Code 2007)
(a) This and other Articles of the city relating generally to building and structures shall be administered and enforced by the building inspector. The Mayor shall act as chief building official and may assume the responsibilities, or with the consent and approval of the governing body appoint a building inspector and such other assistants as may be advisable, for the issuance of building permits and the inspection of building work.
(b) The city clerk shall prepare such application, permit, inspection and record forms as may be required for the purposes of the Article. The city council may make and promulgate the necessary rules and regulations to obtain conformity with this Article pertaining to the making of applications for building permits, issuing of building permits and inspecting of buildings and building works.
(Code 2007)
The Mayor may assume the responsibilities of or appoint some qualified individual to be and perform the duties of building inspector as may be required, subject to the consent and approval of the governing body. He shall perform the duties of the electrical inspector and plumbing inspector.
(Code 2007; Code 2025)
The building inspector shall have the following duties:
(a) To enforce all regulations relating to construction, alteration, repair, removal and demolition of building and structures;
(b) May permit, with the approval of the governing body, on the basis of duly authenticated reports from recognized sources, the use of new materials or modes of construction, not provided for in this Article, and may, for the purpose of carrying out the intent of this Article adopt an accepted standard of material or workmanlike practices of federal or state bureaus, national, technical organizations or fire underwriters;
(c) To examine all buildings in the process of erection, construction, alteration or relocation in the city for the purpose of determining whether the work is in compliance with the permit given and in compliance with the regulations of the city pertaining to such work, including zoning regulations; and;
(d) To keep comprehensive records of applications, of permits or certificates issued, of inspections made, of reports rendered, and of notices or orders issued. 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 2007)
The building inspector shall have the following powers:
(a) To enter any building or structure or premises at any reasonable hour, whether complete or in the process of erection, to perform the duties contained in this chapter;
(b) To adopt and enforce all such prudent emergency measures as he or she may deem necessary and expedient for the public safety under the laws of the city;
(c) May cause any work done in violation of this chapter to be discontinued until he or she shall have satisfactory evidence that the work will be done in accordance with the building regulations of the city, subject to the right of any builder or owner to appeal to the governing body.
(d) Exceptions can be made for material updates as long as it has been recognized and certified by the I.B.C.’s, as recommended by their International Conference of Building Inspectors.
(Code 2007)
The building inspector, or his or her agent, upon proper identification, shall have authority to enter any building, structure or premises at any reasonable hour to perform his or her duties as set out in this chapter.
(Code 2007)
(a) The governing body shall be the final determiner of the scope and meaning of all provisions of the building code which may be unclear, ambiguous, or requiring interpretation.
(b) The building inspector shall have power to modify any of the provisions of the building code upon application in writing by the owner or lessee or his or her authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code. In approving modifications, the building inspector shall see that the spirit of the code is observed, public safety secured and substantial justice done. The particulars of a modification when granted or allowed and the decision of the inspector thereon shall be entered upon the records of the building inspector and a signed copy shall be furnished to the applicant.
(Code 2007)
It shall be unlawful for any person to hereafter erect or cause to be erected within the city any building or structure of any kind or enlarge or add to the outside dimension thereof, or relocate any building or structure already erected or which may hereafter be erected or remodel any building or structure within the city without a building permit being first obtained therefor from the City, following review by the Planning Commission and approval from the City Council. To obtain such a permit the requesting party shall be required to provide a full survey or pin (boundary) survey of the property from a registered land surveyor reflecting the easements thereon and neighboring property lines. This survey shall be at the cost of the requesting party. The requesting party shall also provide a drawing reflecting the placement of the proposed new building or structure in relation to city easements and neighboring property lines. A permit application fee of $25.00 must be paid at the time the application is filed. A permit shall not be issued by the city until the City Inspector has reviewed the drawing and survey and can verify that the construction will be limited to the applicant’s property and will not interfere with city easement(s). The application for such permit shall be made and the permit obtained before work is commenced upon any building or structure or the foundation thereof, or before the removal of any building begins.
(Code 2007; Ord. 2022-05; Ord. 2023-02)
(a) A building permit shall be issued upon an application in writing to the office of city clerk on a form or forms provided for the purpose. This application shall, among other things, disclose the following:
(1) The name of the owner of the lot or tract of ground;
(2) The location of the building or structure;
(3) The building work proposed;
(4) The outside dimensions of the building by floors and dimensions of the basement (if any);
(5) The class of occupancy;
(6) The class of construction;
(7) The kind of materials to be used for walls, floors, ceilings, roofs, and foundations;
(8) The estimated cost of the work;
(9) Name and address of contractor or contractors doing the work;
(10) Such other information as may be pertinent to the issuance of the required permit.
(b) An application for a building permit shall be signed by the owner or his or her duly authorized agent, or a building contractor. If the application is made by the owner or his or her agent, it shall contain the name or names of the licensed contractor or contractors doing the work described, or a building permit may be issued to the owner upon his or her application disclosing satisfactory evidence that the proposed work will be performed by the owner, himself or herself and not by a licensed contractor, and likewise subject to the final approval of the building inspector for work performed.
(c) Upon approval of the completed application and a determination that a permit should be issued, the clerk shall issue a permit to the owner or contractor authorizing the building work covered by the application.
(d) Any permit issued under this section shall be valid and subsisting for a period of not more than six months from the date of issuance unless the permittee shall have commenced, within the period so limited, the building work authorized by such permit. Building work commenced for the purpose of this section shall mean the beginning of building work other than the preparation of plans or the staking out of the building location or the letting of a building contract.
(Code 2007; Code 2025)
In order to have input into the design, construction and placement of different types of structures and landscaping, the following “Types” of Building Permits are established:
(A) Building Permit #1 (BP-1) For: New Construction (Residences and or Business Buildings)
(1) Requirements:
(a) Permit completed, signed and submitted.
(b) Applicable blueprint and/or plan attached.
(c) Site Plan submitted.
(d) Review of Planning and Zoning board with a recommendation for approval or disapproval to the City Council.
(e) Application approved or rejected by City Council.
(f) City Clerk notifies applicant and collects fees (if any).
(2) Fees:
(a) Administration Fee: (See Section 1-118)
(b) Inspection Fee:(See Section 1-118)
(c) Water Connection Fee: (See Section 1-118)
(d) Sewer Connection Fee: (See Section 1-118)
(B) Building Permit #2 (BP-2) For: Additions to existing dwelling
and / or business: (Room additions, Porch’s, some Enclosed Decks, etc.)
(1) Requirements:
(a) Permit completed, signed and submitted.
(b) Applicable blueprint and/or plan attached.
(c) Site Plan submitted.
(d) Review by Planning and Zoning Board with a recommendation to approve or disapprove, to the City Council.
(e) Application approved or rejected by the City Council.
(f) City Clerk notifies applicant and collects fees (if any).
(2) Fees:
(a) Administration Fee (See Section 1-118)
(b) Inspection Fee (See Section 1-118)
(c) Water Connection Fee (*1) (See Section 1-118)
(d) Sewer Connection Fee (*2) (See Section 1-118)
(*1) and (*2): Only applies if a new water connection (with meter) and / or new sewer connection is required.
(C) Building Permit #3 (BP-3) For: Permanent Out-Buildings (Detached Garage, Storage, etc. - Constructed on and attached to a frost-free footer and/or slab).
(1) Requirements:
(a) Permit completed, signed and submitted.
(b) Framing Sketch and Building Materials list included.
(c) Site plan submitted.
(d) Application reviewed by the Planning and Zoning Board and a recommendation for approval or disapproval to the City Council.
(e) Application approved or rejected by City Council.
(f) City clerk notify applicant and collects fees (if any).
(2) Fees:
(a) Administration fee (See Section 1-118)
(b) Inspection Fee (See Section 1-118) (for Construction/Concrete/Electromechanical)
(c) Water Connection Fee (*3) (See Section 1-118)
(d) Sewer Connection Fee (*4) (See Section 1-118)
(*3) and (*4): Only if this is a new water connection, with meter or a new sewer tap.
(D) Building Permit #4 (BP-4) For: Temporary / Movable Buildings. (Storage/Garden Shed Etc.) constructed on “skids”. (See also: Ord 4-211B, (e).
(1) Requirements:
(a) Permit completed, signed and submitted.
(b) Framing Sketch and Building Materials list attached.
(c) Site Plan submitted.
(d) Application reviewed by the Planning and Zoning Board and recommended for approval or disapproval to the City Council.
(e) Application approved or rejected by City Council.
(f) City Clerk notifies applicant and collects fees (if any).
(2) Fees:
(a) Administrative (Only) (See Section 1-118)
(E) Building Permit #5 (BP-5) For the following: Decks, Patios (permanent / poured), Dog Runs (permanent / poured), Sidewalks, Driveways, Fences, Breezeways and Accessory Structures.
(1) Requirements:
(a) Permit completed, signed and submitted.
(b) General description or basic plan along with materials list attached.
(c) Site Plan submitted.
(d) Application reviewed by the Planning and Zoning Board and recommended for approval or disapproval to the City Council.
(e) Application approved or rejected by the City Council.
(f) City Clerk notifies applicant and collects fees (if any).
(2) Fees
(a) Administrative (only) (See Section 1-118)
(F) Building Permit #6 (BP-6) For: Pools: Above ground or in ground. This does not include temporary (summer) pools.
(1) Requirements:
(a) Permit completed, signed and submitted.
(b) General description or basic plan with materials list attached.
(c) Site Plan submitted.
(d) Application reviewed by the Planning and Zoning Board and recommended for approval or disapproval to the City Council.
(e) Application approved or rejected by the City Council.
(f) City clerk notifies applicant and collects fees (if any).
(2) Fees:
(a) Administrative (See Section 1-118)
(b) Inspection Fee (See Section 1-118) (Concrete / Electro Mechanical)
(c) Water Connection Fee (*5) (See Section 1-118)
*5; Only if this is a new water connection with meter.
There is no sewer connection fee as it is unlawful to connect discharge tubes to the sewer, however a connection is allowed, if possible, to the storm drainage system.
(Code 2007)
(a) Water connection fees charged for any new connection: See Section 1-118.
(b) All “fees” (with the exception of “additional” water and sewer connection costs) shall be paid before a permit is issued.
(c) The Building Inspectors final inspection and signature is considered to be an Occupancy Permit.
(d) All “new construction, additions and or permanent outbuildings” are subject to all of the appropriate “set back” and “easement” rules and restrictions as established by the zoning regulations. This also applies to breeze ways, patios and accessory structures.
(e) Temporary / Movable buildings are not subject to “set back” requirements and may be placed on the property line, however they must not encroach on any “easements” and shall not extend beyond or forward of the “foot print” of the dwelling, on any side of the residence bordered by a city street. All out-buildings should, at a minimum, be esthetically pleasing, and enhance the appearance of the property and the city in general. Under no circumstance shall the following items or structures be allowed as a substitute for a garden or storage shed:
(1) Shipping Container
(2) Conex Container
(3) “Boxes” – i.e. The structures that are placed on the frame of a truck for transportation or shipping.
(4) “Trailers”- i.e. Semi-Tractor Trailers.
(5) Any other item or structure whose original use or intent was other than that of a garden shed, storage shed or similar purpose.
(f) Decks are not subject to “set back” requirements except on the “front” and/or “street side(s)” of the dwelling, and may otherwise be placed on the property line. Decks too should be designed, at a minimum, to enhance the appearance of the property. No deck shall encroach on any “easement”, either city, or utilities. Decks may be attached to a dwelling or “free standing”. Enclosed decks, attached to a dwelling, may fall under other rule interpretations. (see sub paragraphs “g” and “h” below).
(g) Any new structure attached to the “front” and/or “street side” of a dwelling and is open or enclosed with glass or transparent screening, is considered a “porch” and requires Permit #2 (BP-2) as it is an addition. Similarly any such structure that is fully enclosed (walled), with a roof and with or without windows, is considered a “room addition” and also required Permit #2 (BP-2). Inspection requirements shall be based on the type of construction and any use of electro-mechanical additions.
(h) Any glass or screen enclosed structure, attached to the “back” or non-street portion of the dwelling may be considered either a “porch” and require Permit #2 (BP-2), or as a “enclosed deck” and requires Permit #5 (BP-5). The Planning and Zoning Board will make final determination as to which Permit is needed and shall notify the applicant if sufficient information has been submitted.
(i) Fences are not subject to “set back” but may not encroach on any “easement”. No fence, shrub or bush located on the “street side(s)” of any dwelling may extend beyond six (6) feet in height. No fence, shrub or bush located on the “street side(s)” of a dwelling on “corner” lots, shall be allowed to restrict the view of motor vehicle operators approaching said corners. No trees or shrubs are allowed on City Easements except after consultation with and approval by the City Council. No fencing shall be placed forward of the front footprint of the house.
While the City will not approve or disapprove any specific “type” or “style” of fence, all fences should be designed, at a minimum, to enhance the appearance of the owners property as well the adjoining properties.
(j) Dog runs are not subject to setback, but shall not encroach on any easements. They are further restricted to the “back yard” of the dwelling. Persons building dog runs should ensure that they are in compliance with city ordinances, regarding the number of animals permitted, and should take into consideration the recommendations of the A.S.P.C.A. and /or the Area Humane Society regarding such structures.
(k) Poured / Permanent patios are subject to all setback and easement restrictions. Persons constructing “poured concrete patios” that may cover utility easements should be aware that said constructs may be damaged during any repairs or replacement operations of said utility lines. “Paver” style patios and other “semi-permanent” types of patios are considered “landscaping” and do not require permits.
(l) Sidewalks and driveways are not subject to setback requirements and may cross any easement. Sidewalks and driveways may be of any material (concrete, gravel, asphalt etc.) but should, at the minimum, conform to the general style, material and construction methods of the home and enhance the appearance of not only the owners property but nearby properties.
(m) Children’s play areas and constructs do not require permits, but any person constructing such areas are reminded of the necessity of not encroaching on any city or other utilities easements. It is mandatory that play areas be restricted to the side or back yards of dwellings. Child safety should be paramount in any design.
(n) It should be noted that while a building inspector, appointed by the Mayor, is necessary for BP-1, BP-2 and BP-3, at the discretion of the Mayor, the Public Works Supervisor may act as an inspector for BP-4, BP-5 and BP-6.
(Code 2007; Code 2025)
Whenever an application for a building permit is made, the chief building official may, if he or she finds it necessary to determine whether building work described in the application will comply with the laws pertaining to such work, require that the applicant file a written description or drawing of the proposed building as may be prepared for the purpose. If such drawing or description is insufficient for the purposes of determining whether a permit should be issued, the building official may require the applicant to file complete architectural and engineering plans and specifications for such building, or any part thereof, as may be necessary for the inspector to determine compliance with this Article. The filing of such plans and specifications and the approval thereof in connection with an application for a permit shall not in any way affect the authority of the city to deny or issue a permit, or to inspect any building work for conformity with this Article.
(Code 2007)
In order to insure that the highest quality of land planning and design are incorporated into new developments, there is hereby established the requirements for a “site plan”. Site plans shall be submitted for all improvements within the City of Ozawkie that meets the provisions requiring a building permit. This process is used to guide design of new projects so that they may be compatible with existing neighborhoods in terms of scale, style and construction materials. Site Plans are also used by the Planning and Zoning Board to ensure that any encroachment on easements or modification on setback rules are covered by the appropriate ordinances.
(Code 2007)
(a) All site plans shall contain and conform to the following minimum requirements, and be approved by members of the Planning and Zoning Board, before they make their recommendations to the City Council:
(1) Name of property owner, current address and telephone #.
(2) Lot and Block number within the City of Ozawkie.
(3) All Drawings shall indicate “north”, with an arrow.
(4) All dimensions may be in feet and inches or feet and decimals of a foot, so long as the method used is clearly indicated on the site plan.
(5) All lettering shall be neat and legible.
(6) Driveways and access improvements shall be shown.
(7) All public and private rights-of-way and easement lines located on or adjacent to the subject property, shall be so indicated.
(8) All property lines and dimensions of the lot to be built upon shall show directional bearings and distances, streets and locations with reference to identifiable streets and or intersections.
(9) Footprints of existing and proposed structures, showing all dimensions of buildings and distances from property lines, streets and easements shall be indicated.
(10) Location of all existing and proposed water, sanitary sewer, storm drain and their easements shall be indicated.
(11) All existing and proposed lines for electrical, telephone and gas service will be indicated and their locations clearly marked. DigSafe (1-800-DIG-SAFE) should be contacted for any and all underground utilities, as well as the Public Works Supervisor, for all city owned utilities.
(12) Locations for any external utility accessory (i.e. AC condensers, wells, back-up power, etc.) shall be indicated, along with their proposed dimensions.
(13) The Site Plans may be hand drawn but must meet the criteria listed above for clarity and legibility.
(b) Information pertaining to lot dimensions and utility locations may be obtained from the Ozawkie City Offices, during routine office hours. The Ozawkie Planning and Zoning Board shall review all site plans to ensure all developments within the city meet the required Ordinances.
(c) The Building and Zoning Committee requests that all building plans and a site map be turned into the City Office five (5) working days prior to the scheduled meeting so that the members may make a thorough study of the building plans and visit the proposed building site. The plans and site map will be available in the City Office during office hours.
(Code 2007)
The fee for a building permit shall be set by a fee schedule ordinance. The fee herein shall be paid to the city clerk upon obtaining a building permit and the same shall be credited to the general operating fund of the city.
(Code 2007)
A copy of the building permit shall be kept on the premises for public inspection during the performance of the work and until the completion of the same. The building inspector may require a certified copy of the approved plans to be kept on the premises at all times from the commencement of the work to the completion thereof.
(Code 2007)
Upon the completion of any work under a building permit, the chief building official, the building inspector or his or her designee is authorized to issue a certificate of approval for the occupancy and use of the building or structure. The certificate shall show the number of inspections made and the orders and corrections required during the course of the work. A copy of such certificate shall be given the owner.
(Code 2007)
(a) The contractor or builder having a permit for new construction, or additions to existing buildings, shall notify the chief building official or building inspector immediately upon the marking or laying out of the site and foundation for such work. The official or inspector shall inspect the layout for conformity with this Article and with respect to lot lines, setbacks and location of the proposed buildings to determine conformity with the city zoning regulations. In case of doubt respecting the required location, the chief building official may require an official survey of the lot lines to determine conformity, at the expense of the permit holder.
(b) Upon completion of the excavation for the building foundation and footings and the construction of the necessary forms thereof and before the foundation and footings are poured or laid, the official or inspector shall be notified as in the first case, and it shall be his or her duty to inspect all such work for conformity with laws respecting location of the building foundations and footings.
(c) The building inspector shall during the course of all building make such other inspections as may be directed by the chief building official to be made during any successive stage of the construction or other work covered by a permit in order to secure compliance with laws pertaining thereto.
(Code 2007)
Upon the completion of any building construction work covered by this Article, it shall be the duty of the person doing such work to notify the building inspector and request that it be inspected; after which such work shall be inspected promptly as hereinafter provided.
(Code 2007)
An initial inspection fee, as set by a fee schedule ordinance, and an inspection fee, as set by fee schedule ordinance for subsequent inspections required shall be paid before any building or construction work will be approved or a certificate of approval issued.
(Code 2007)
(a) A builder or building contractor for purposes of this Article shall be any person, firm, co- partnership, corporation, association, or any combination thereof, whether a resident or not of the city:
(1) Who or which undertakes with or for another, for a fixed sum, price, fee or any compensation other than wages, to build, construct, alter, repair, add to, wreck or move any building or structure (or any portion thereof), or any sidewalk, driveway entrance or structure in any street, or any advertising sign, panel poster or billboard, or any other structure, in the city, for which a building or construction permit may now or hereafter be required by the laws of the city; or
(2) Who or which advertises or represents himself, herself, or itself to the public to have the capacity or ability to undertake, or submit a bid or offer to build, construct, alter, repair, add to or wreck, remove, restore or replace any building, structure or construction work or any portion thereof; or
(3) Who or which builds, constructs, alters, adds to or wrecks any buildings or structures either on his or her own or other property for purposes of sale or speculation.
(b) A builder or building contractor as defined shall not mean or include:
(1) Any subcontractor working under the supervision of a general contractor; or
(2) Any plumbers, gas fitters, electricians, or other specialized occupation for which special licenses or bonds are required by other city laws; or
(3) Any owner or his or her authorized agents or employees making ordinary repairs to his, her or its own building or structure not involving the structural parts of the building for which a permit is not required or on which a contractor, as defined, is not required, employed or engaged to perform; or
(4) Any property owner personally performing any improvements, alterations or building construction within or upon his or her own residence and intended for his or her own personal use and permanent occupancy; provided, the owner shall satisfy the building official as to his or her ability to perform such work secure a permit, pay required fees, do work in accordance with this Article, and apply for an inspection and receive approval. Personal building construction by an owner under this section shall be by himself, herself, for himself or herself on his or her own residence, without compensation and no person shall be employed to assist him or her in any way on such work except a builder or building contractor licensed by the city.
(Code 2007)
Nothing herein contained shall prohibit any property owner from personally performing any building or construction work within and upon his or her own residence and intended for his or her personal use and permanent occupancy; provided, the owner shall satisfy the building inspector as to his or her ability to perform such work, secure a permit, pay required fees, do work in accordance with this Article, and apply for an inspection and receive a certificate of approval. Personal building or construction performed by an owner under this section shall be by himself, herself, for himself or herself on his or her own residence, without compensation and no person shall be employed to assist him or her in any way on such work except a builder or building contractor licensed by the city.
(Code 2007)
This Article shall not be construed to relieve from any liability or lessen the liability of any person performing any activity connected herewith, nor shall the city be held as assuming any liability by reason of any inspection authorized herein, by reason of any certificate of inspection issued by it or by reason of any permit or license granted herein.
(Code 2007)
If any section of the International Building Code or of this Article shall be held unconstitutional or otherwise invalid by any court of competent jurisdiction, then such section shall be considered separate and apart from the remaining sections, the section to be completely severable from the remaining provisions which shall continue in full force and effect.
(Code 2007)