There is created and established for the city the office of building inspector. The City Administrator shall appoint the city building inspector, who may be terminated with or without cause by the City Administrator. The salary of the building inspector shall be annually adopted by resolution. ·

(Code 2001, 5-701; Ord. 09-4581; Code 2014; Ord. 17-4679; Ord. 23-4746)

The duties of the building inspector shall be to approve or disapprove all applications for building permits which may be filed; to inspect all new structures erected within the city and any established structures to which his attention may be directed, and to report to the office of the city administrator any deviations from, or violations of, the ordinances of the city relating to the location, construction, or use of same, together with his recommendations thereon.

(Code 2001, 5-701; Ord. 09-4581; Code 2014; Ord. 17-4679; Ord. 23-4746)

The following International and model codes are hereby adopted and incorporated by reference into the ordinances of the City of Cherryvale, save and except such articles, sections, parts or portions as are hereafter modified, changed, or repealed. Not less than one copy of each incorporated code shall be marked “Official Copy as incorporated by 2021 Code, Section 5-703, as Amended”. A copy of this section shall be attached to official copies of all adopted uniform and model codes. Violation of any provision contained in a code incorporated by this section shall be a class C misdemeanor.

The adopted international and model codes are described by title, name of group or organization preparing it, and year or edition, as follows:

International Building Code, 2021 Edition, as published by the International Code Council

International Residencial Code, 2021 Edition, as published by the International Code Council

International Property Maintenance Code, 2021 Edition, as published by the International Code Council

International Fire Code, 2021 Edition, as published by the International Code Council

International Plumbing Code, 2021 Edition, as published by the International Code Council

International Existing Building Code, 2021 Edition, as published by the International Code Council

NFPA 70 National Electric Code, 2017 Edition, as published by the National Fire Protection Association

(a)   In any conflict between the 2021 International Code and 2017 National Electric Code, the 2017 National Electric Code shall prevail.

(b)   Any matters in the codes which are contrary to existing ordinances of the City shall prevail, and any existing ordinances to the contrary are hereby repealed in that respect only.

(c)   The City Administrator shall designate the City Building Inspector and any other positions as required by the Code.

(1)   The Cherryvale Fire Chief may set appropriate limitations and regulations in addition to those in the fire code on the storage of any hazardous or dangerous substance (including propane gas, demolition and blasting supplies, and any other hazardous or dangerous substance).

(2)   APPEALS: Whenever City Staff disapproves an application or refuses to not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may schedule a mediation session with the City Administrator within 20 days of the decision to deny the application, and if the applicant is not satisfied with the decision resulting from the mediation session, the applicant may make an appeal for a new determination to the City Council of the City of Cherryvale within 10 days of the mediation session.

(3)   Additions or changes to the code may be reviewed by City Staff with approval by the City Council.

(4)   All applicable Kansas Statutes and properly adopted Administrative Regulations, including, but not limited to K.A.R. 22-1-1 as amended; 22-1-2, as amended; and 22-3-1, Life Safety Code 101 which relate to Fire Safety are incorporated herein as if set forth in full. Any subsequent amendment of said Kansas Administrative Regulation or Kansas Statute shall be similarly incorporated as if set forth in full.

(d)   The governing body of the City of Cherryvale hereby declares that should any section, paragraph, sentence or word of this article or of any of the uniform, model or standard codes hereby adopted be declared for any reason to be invalid, it is the intent of the governing body of the City of Cherryvale that it would have passed all other portions of this ordinance independent of the elimination here from of any such portion as shall be declared invalid.

(Code 2001, 5-701; Ord. 09-4581; Code 2014; Ord. 17-4679; Ord. 23-4746)

(a)   PERMIT FEES: For each permit issued there shall be charged and collected from applicant, a building fee permit in the amount of $.05 per square foot of proposed building area. For structures not providing floor space, a building permit fee of twenty-five ($25.00) of value shall be charged. The minimum permit fee shall be $10.00 and there shall be no maximum permit fee.

(b)   INVESTIGATION FEES:

(1)   Investigation: Whenever any work for which a permit is required has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work.

(2)   Fee: An investigation fee in addition to the permit fee shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be an amount equal to the amount of the permit fee required by this code, subject to the following limitations:

(A)  The minimum investigation fee shall be $10.00 or an amount equal to the minimum set forth as the minimum building fee in Section (a).

(B)  The maximum investigation fee shall be equal to the amount that would have been or is charged for the permit fee up to the maximum amount of $1 00,000.00.

(C)  The payment of such investigation fee shall not exempt any person from compliance with all of the provisions of this code nor from any penalty prescribed by law.

(Ord. 96-4117; Code 2001, 5-704)

The following specified bonds shall be required of all contractors performing designated services within the city:

(a)   PUBLIC WORKS BOND. All contracts entered into between the city and any person, firm, or corporation for the purpose of making any public improvements, or constructing any public building or making repairs on the same must require that the contractor awarded the contract provide, at a minimum, the following:

(1)   A public works bond when the contract sum exceeds one thousand dollars ($5,000.00), which bond shall be from the party contracted with, made to the city with good and sufficient sureties in a sum not less than the sum total in the contract, conditioned that such contractor or the subcontractor of said contractor shall pay all indebtedness incurred for labor furnished, materials, equipment, or supplies used or consumed in connection with or in or about the construction of said public building or in making such public improvements. The bond shall be approved by and filed with the city clerk and the clerk of the Court of Montgomery County. When such bond is filed, no lien shall attach under Kansas law and, if when such bond is filed liens have already been filed, such liens shall be discharged. Any person to whom there is due any sum for labor or material furnished, as stated above, or his or her assigns, may bring an action on said bond for recovery of said indebtedness, but no action shall be brought on said bond after six (6) months from the completion of said public improvements or public buildings;

(2)   Personal injury liability insurance covering any individual who may be injured by contractor’s negligence or the negligence of those working on the contractor’s behalf. At a minimum, this insurance should provide for coverage up to $500,000 per claimant;

(3)   Workmen’s compensation insurance, or proof that the contractor is exempted from providing workmen’s compensation insurance;

(4)   Proof of compliance with the above requirements shall be made before the contract is accepted by the city.

All of the above requirements shall be made part of any bid specifications which the city issues to prospective contractors.

(b)   ELECTRICIAN’S BOND. Every person, firm or corporation expecting to engage in the construction, or erection of electric lights, heating or power, wiring, or the installation of the same, in any building or structure, or in altering the same, shall, before entering upon such work, make application in writing to the governing body of the city for a permit to engage in the business, and shall file with the city clerk of the city a good and sufficient indemnity bond running to and in favor of the city in the penal sum of one thousand dollars ($1,000.00), conditioned that the principal in the bond shall do all work and installing of all electric lights, heating and power wires, fixtures and appliances, conductors and appurtenances in a good and workmanlike manner and in accordance with the rules, regulations and requirements of the National Electrical Code, a copy of which shall be kept on file at the office of the city clerk.

(c)   PLUMBER’S BOND. See Code Section 15-216.

(K.S.A. 60-1111; Ord. 3338; Code 1973, 5-301, 17-127; Code 1981, 4-216; Code 2001, 5-705; Ord. 15-4664)