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, 2012 Edition, 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.  One copy of the International Building Code, 2012 Edition, shall be marked or stamped “Official Copy as Incorporated by the Code of the City of Hesston,” 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 2003)

There is hereby adopted and incorporated by reference, for the purpose of establishing rules and regulations for regulating and governing the construction, alteration, movement, enlargement, replacement, repair, equipment, location, removal and demolition  of detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories in height with separate means of egress as herein provided and providing for the issuance of permits and collection of fees therefor, the International Residential Code, 2012 edition, as published by the International Code Council, such codes 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 in the manner prescribed by K.S.A. 12-3009 through 12-3012 including any amendments thereto. One copy of the International Residential Code, 2012 edition shall be marked or stamped “Official Copy as Incorporated by the Code of the City of Hesston,” 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 provisions of such code shall be punished as provided in Section 1-116 of this Code.

(Ord. No. 130-2016-128, Sec. 1)

There is hereby adopted and incorporated by reference, for the purpose of establishing rules and regulations for regulating and governing the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of mechanical systems as herein provided and providing for the issuance of permits and collection of fees therefor, the International Mechanical Code, 2012 edition, as published by the International Code Council, such codes 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 in the manner prescribed by K.S.A. 12-3009 through 12-3012 including any amendments thereto. One copy of the International Mechanical Code, 2012 edition shall be marked or stamped “Official Copy as Incorporated by the Code of the City of Hesston,” 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 provisions of such code shall be punished as provided in Section 1-116 of this Code.

(Ord. No. 130-2016-129, Sec. 1)

(a)   This and all other articles of the city relating generally to building and structures shall be administered and enforced by the city administrator or the person so designated by the city administrator.  The city administrator shall act as the chief building official shall have the authority to appoint building inspectors and other assistants as may be advisable for the issuance of building permits and the inspection of building construction, remodeling, or demolition.

(b)   The building inspector shall perform the following duties:

(1)   Enforce all regulations relating to construction, alteration, repair, removal and demolition of building and structures;

(2)   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;

(3)   Keep comprehensive records of applications, of permits, of certificates issued, of inspections made, or reports rendered, and of notices or orders issued.

(4)   Recommend use of new materials or modes of construction acceptable for use within the city.

(c)   The building inspector shall have the following powers:

(1)   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;

(2)   To adopt and enforce all such prudent emergency measures as he or she may deem necessary and expedient for the public safety;

(3)   May cause any work done in violation of this article 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.

(Ord. 130-1990-066, Sec. 2)

(a)   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, add to the outside dimensions 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 first obtaining a building permit therefor from the administrative office of the city.  The application for such permit shall be made and duly approved by the chief building official and the permit shall be formally issued prior to the commencement of work upon any building, structure, foundation, or fence  thereof, or before the removal, relocation or remodeling of any building or structure commences.

(b)   A building permit shall be issued upon an application form provided by the chief building official.  Such application form shall be completed in writing and submitted for approval to the chief building official and the chief building inspector for review and approval.

An application for a building permit shall be signed by the owner or his or her duly authorized agent, or a building contractor holding a valid license issued by the city.  If the permit application is for construction of a single family dwelling or a two-family dwelling unit, a plot plan showing the following information must be submitted with the completed application form:

(1)   A drawing of the proposed structure drawn to scale with sufficient clarity to indicate the location of the structure on the lot(s).

(2)   The set back measurements of the structure.

(3)   The type of structure (single family, or two-family dwelling) along with the height, width and exterior dimensions of the structure.

(4)   The placement and type of any accessory structures.

(5)   The proposed grade elevations of the structure for the front using the curb as a benchmark if the ground is level.  If the ground on which the structure is to be placed is unlevel, elevations for the front, back and sides must be shown.

       If the permit application is for construction of a commercial, industrial or multi-family (two family units are not included two sets of plans must be submitted with the building permit application.  The plans must be stamped by an architect and/or engineer registered in the State of Kansas and must meet the requirements for such plans as outlined in the most recently adopted version of the Uniform Building Code.  The plans must also identify how compliance with all applicable state and federal accessibility requirements are to be achieved.

       If the building permit application is for remodeling a single family, or two family dwelling unit or if the remodeling is for a commercial, industrial or multi-family dwelling unit and the projected cost of the remodeling for commercial, industrial or multi-family dwelling unit is less than $10,000 a plot plan as outlined above must be submitted.  If the projected cost of remodeling of a commercial, industrial or multi-family dwelling unit is in excess of $10,000 two sets of plans prepared and stamped  by an architect or engineer registered in the State of Kansas must be submitted.

(c)   Upon approval of the completed application, payment of fees and a determination that a permit should be issued, the chief building official shall issue a permit to the owner, the owner’s agent, or the contractor authorized to perform the construction as shown on 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 permit holder has commenced, within the period so limited, the work authorized by such permit.  Building work commenced for the purpose of this section shall mean the beginning of work other than the preparation of plans or the staking out of the building location or the letting of a contract for construction.

(e)   The fees for building permits shall be established as follows:

Total Building Valuation	Fee
$0 to $2,000	$25.00
$2,001 to $5,000	$35.00
$5,001 to $10,000	$70.00
$10,001 to $50,000	$100.00
$50,001 to $100,000	$150.00
$100,001 to $500,000	$275.00
$500,001 to $1,000,000	$350.00
$1,000,000 and up	$500.00 (plus $.50 for each additional $1,000 or fraction thereof.

Fees for certain inspections and re-inspections shall be established as follows:

(i)    Inspections outside of normal business hours - $25.00 per hour (minimum charge - one hour);

(ii)   Re-inspection fee for such portion of work for which an inspection is called for but is not complete and ready for inspection or when required corrections to work have not been completed in conformance with the building inspector’s directions - $15.00 per hour during normal working hours and subject to outside normal hour fee if after working hours;

(iii)  Additional plan review required by revisions, changes or additions to approved plans - $25.00 per hour (minimum charge - one hour).

       The fees herein cited shall be paid to the office of the city clerk upon the obtaining of a building permit or upon receipt of an item invoice and the same shall be credited to the general operating fund of the city.

(f)   A copy of the building permit shall be displayed in a conspicuous place on the building work premises for public inspection during the performance of the building work and until such time that all building work is completed and inspected as authorized.  The building inspector may require a certified copy of the approved plans of such building work to be kept on the premise at all times from the commencement of the work to the completion thereof.

(g)   Upon issuance of the building permit a dual purpose inspection record/certificate of occupancy will be filled out and will remain in the custody of the building inspector until such time as the building work is completed.  Upon completion of the building work and after final inspection, the building inspector shall place his or her signature at the bottom of the inspection record/certificate of occupancy certificate to signify that the building work has been inspected and/or the structure is ready for occupancy. The certificate shall be affixed to the electrical panel box, or where no electrical panel box is available it shall be placed in a conspicuous place so as not to interfere with the aesthetics of the decor.

(Ord. 130-1995-079, Sec. 1; Code 2007)

(a)   Any owner, owner’s agent, or contractor having a duly approved permit for new construction or additions or modifications to existing buildings or structures, shall notify the building inspector immediately upon the marking or staking out of the site. The building inspector shall inspect the marking or stakeout for conformity with this article and with respect to lot lines, setback requirements and location of the proposed structures to determine conformity with the city’s zoning regulations. In situations where doubt exists as to lot lines, setbacks, etc., the chief building official may require a survey of the property be made by a licensed surveyor to determine the lot lines. If so required, the survey shall be performed at the expense of the permit holder. In addition to the marking or stakeout inspection the following inspections are required for any construction which involves the work generally described by the inspection type:

(1)   Footings;

(2)   Foundation;

(3)   Plumbing;

(4)   Sewer connection (exterior)

(5)   Electrical;

(6)   Mechanical;

(7)   Gas (exterior);

(8)   Framing;

(9)   Final.

The building inspector shall, during the course of all building work, make such other inspection as deemed necessary or as may be required by the Uniform Building Code.

(b)   Upon completion of any construction covered by this article, it shall be the duty of the person or persons performing such work to notify the building inspector that such work is ready for inspection and request that such work be inspected within a reasonable time.

(Ord. 130-1995-079, Sec. 1)

(a)   A contractor, within the meaning of this article, shall be defined as any person who undertakes, with or for another to build, construct, alter, repair, add to or wreck any building or structure, or any portion thereof, within the city, for which a permit is required by this article, for a fixed price, fee, percentage, or other compensation other than wages, or who advertises or otherwise represents to the public to have the capacity or ability to undertake to build, construct, alter, repair, add to or wreck any building or structure or any portion thereof; or who builds, constructs, alters, adds to or wrecks any building or structure either on his or her own or other property for purpose of speculation.

(b)   A contractor shall be responsible for all work included in his or her contract whether or not such work is done by him or her directly or by a subcontractor.  He or she shall be responsible for all funds or property received by him or her for execution or completion of a specific contract or for a specific purpose.

(c)   No building permit shall be issued to any person or contractor who has not first obtained a license or who is delinquent in payment of his or her annual license fee or whose license has been suspended by action of the city. It shall further be unlawful for any person to enter into a contract with another so as to bring himself or herself under the classification of a contractor, as defined in this section, or to perform any work as a contractor, or any work under contract, without having first obtained a contractor’s license.

(d)   All contractor licenses shall expire on the last day of December and must be renewed annually by payment of the annual fee by the end of the following month.  Any contractor failing to renew his or her license by the prescribed date shall be required to be re-examined and approved by the city. Fees shall not be prorated because part of the year has elapsed.

(e)   Fees for contractor licenses shall be established by classification as follows:

(1)   Class A -  A Class A contractor’s license shall entitle the holder thereof to construct for, and to perform any act as a contractor, as defined in this section, for the building, remodeling or repairing of any structure or addition thereto that is permitted by the title.  The annual fee shall be $100.00.

(2)   Class B -  A Class B contractor’s license shall entitle the holder thereof to contract for or to perform any act as a contractor, as defined in this section, but which is limited to construction and remodeling of commercial buildings and single or multiple dwelling residential buildings not exceeding three stories in height.  The annual fee shall be $75.00.

(3)   Class C -  A Class C contractor’s license shall entitle the holder thereof to contract for and to perform any act as a contractor, as defined in this section, but limited to remodeling and repairs or improvement of one, two or three family residences not exceeding two stories in height and nonstructural commercial remodeling.  The annual fee shall be $50.00.

(4)   Class D -  A Class D contractor’s license shall entitle the holder thereof to contract for and to perform any act as a contractor, as defined in this section, but which is limited to remodeling and repairs on one to four family residences including but not limited to reroofing, foundation repair and interior partitions.  The annual fee shall be $25.00.

(f)   A holder of a Class A, B, C or D contractor’s license shall first have obtained an indemnity bond in an amount to be determined annually by the chief building official, which bond shall be approved and filed with the office of the city clerk and shall be payable to the city in the event the holder fails to comply with the Uniform Building Code and all other applicable ordinances of the city.  The principal shall immediately indemnify the city against any and all loss, damage or liability which shall in any way be incidental to or grow out of the act of moving equipment, material and supplies across or through the streets, alleys and sidewalks of the city by the principal, his or her agents or employees.

(g)   The chief building official shall establish criteria for the examination and subsequent certification of applicants desiring contractor licenses to engage in the trade of contractor as defined in this section.  Such criteria may include a written examination designed to assess the applicant’s practical and theoretical knowledge of the type of construction or demolition work applicable to the various types of contractor license provided for in this section.  The chief building official may allow the issuance of a contractor’s license under this section to the person or firm holding a valid contractor’s license of comparable class from a city with a population greater than that of the city.

(h)   All contractor’s licenses shall be recorded in the office of the city clerk and shall be nontransferable.  Upon the applicant completing and filing the formal application as required in this section, and payment of appropriate fee for the class of license requested, the office of the city clerk shall thereupon issue such contractor’s license.

(i)    The chief building official may upon his or her own motion, and upon receipt of a valid verified complaint in writing from any person asking for the revocation or suspension of license of a contractor for any reason set out herein shall, notify the contractor by serving a written notice upon the contractor within five days of the receipt.  The notice shall be mailed to the contractor’s last known address.  The contractor thereupon may within five days of receipt of such notice of revocation from the chief building official, request a hearing before the governing body by filing a written request and paying the filing fees for such hearing.

A contractor’s license may be revoked or suspended by the city clerk upon finding that the contractor has committed any one or more of the following acts or omissions:

(1)   Willful and deliberate disregard and violation of the provisions of this article or any other ordinance of the city, or failure to comply with any lawful order of the chief building official;

(2)   Failure to pay annual license fee;

(3) Misrepresentation of a material fact by the applicant in obtaining a contractor’s license or in obtaining a building permit;

(4)   Fraudulent use of license to obtain building permits for other persons;

(5)   Failure to obtain permits as required under this article;

(6)   Failure to appear before the city clerk after notice given as required above;

(7)   Upon a determination by a court of competent jurisdiction that the contractor has divested funds on property received for performance or completion of any contract to the use and purpose of any other contract, or failure, neglect or refusal to use such funds or property for the performance and completion of such contract or that contractor has committed a fraudulent act resulting in substantial injury to another.

(j)    The provisions of this section shall not apply to the following:

(1)   Subcontractors working for and under the direct supervision of a licensed general contractor;

(2)   Plumbers, electricians or other trades for which special license or bonds are required;

(3)   Any owner or his or her authorized agent making ordinary repairs to any building which repairs do not involve the structure of the building and on which a contract is not employed.

(Ord. 130-1990-066, Sec. 6; Code 2003)

Nothing herein contained shall prohibit any property owner from personally performing any building or construction work within and upon his or her own property, 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 inspections 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 property, without compensation and no person shall be employed to assist him or her in any way on such work except a builder or builder contractor licensed by the city.

(Ord. 130-2002-098, Sec. 1)

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.

(Ord. 130-1990-066, Sec. 9)

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.

(Ord. 130-1990-066, Sec. 9; Code 2003)

In lieu of obtaining a corporate surety bond as required by section 4-105(f), a contractor may fulfill this obligation if he or she shall procure and maintain a liability insurance policy a minimum in the amount of $100,000 for the death or injury of any one person and $300,000 for the death or injury of any number of persons in any one accident and $50,000 for property damage in any one accident.  Such policies of insurance shall be issued by some insurance company authorized to do business in the State of Kansas.  A contractor may qualify as to the insurance requirements by filing a certificate with the city clerk executed by the agent of such company stating that the required policy of insurance has been issued by such company for the purpose required by this article and that such insurer will not cancel the policy except upon giving 30 days notice in writing to the city; and that the certificate shall be filed for an annual period beginning January 1 and ending December 31 of such year.

(Ord. 130-2008-113, sec. 1)