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 De Soto, 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 De Soto;

(c)   Whenever the term building official is used in the building code, it shall be held to mean the building inspector or his or her authorized designee.

(Ord. 820, Sec. 2; Code 1998)

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, and plumbing and mechanical equipment, the International Building Code, 2006 Edition, the International Residential Code, 2006 Edition, the International Property Maintenance Code, 2006 Edition, the International Mechanical Code, 2006 Edition, and the International Plumbing Code, 2006 Edition, as recommended by the International Conference of Building Officials, such codes being made 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. At least one copy of each Code referenced herein shall be marked or stamped “Official Copy as Incorporated by the Code of the City of De Soto,” and shall be filed with the city clerk to be open to inspection and available to the public at all reasonable hours of business.

(Ord. 2184, Sec. 1; Code 2009)

The following sections of this article are in addition to, or are revisions of, the standard codes incorporated by reference in section 4-202:

(a)   Adoption of Street, Storm Sewer and Sidewalk Construction Standards. There is hereby adopted by reference the street, storm sewer and sidewalk construction standards of the latest publication by the Kansas City Metropolitan Chapter of the American Public Works Association.

Building Code:

(b)   101.4.1 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.7 and referenced elsewhere in this code, specifically the 2006 Editions of the International Plumbing Code, the International Mechanical Code, the International Fire Code, the International Property Maintenance Code, and the 2005 National Electrical Code, shall be considered part of the requirements of this code.

(c)   105.1.3 Contractor’s License. All persons undertaking work which requires a permit as provided in section 105, or seeking to obtain said permit from the City, must comply with the Johnson County, Kansas Contractor’s License program.

(d)   105.2(1) Work exempt from permit. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 200 square feet.

(e)   105.2 Work exempt from permit. Subsection (2) related to fences is deleted.

(f)   1805.2.1.1 Frost Protection. Extending below the frost line of the locality, which, for De Soto, Kansas, is 36 inches in depth.

Residential Code:

(g)   R102.5 Appendices. Appendices E, G, and H are adopted.

(h)   R105.2(1) Work exempt from permit. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 200 square feet.

(i)    R105.2 Work exempt from permit. Subsection (2) related to fences is deleted.

(j)    R109.5 Approval required. If the required erosion control measures are not in place and operational as required by KDHE guidelines, all inspections related to the permitted site from that date forward will not be conducted until the erosion control measures have been reinstated and inspected.

(k)   R109.6. If mud, dirt, rock or any other type of debris from the permitted building site has been found in the public right-of way, then all inspections for the permitted building will not be conducted until the right-of way has been cleaned and inspected.

(l)    Table R301.2(2). Ground snow load -20, Wind Speed -90, Seismic Design Category - A, Weathering – Severe, Frost line Depth – 36”, Termite – M-H, Winter Design Temp. – 6 degree, Ice Barrier – N/A, Air Freezing Index – 92.7, Mean Annual Temp. – 55 degree F.

(m)  R402.1 Wood foundations. Wood foundation systems shall be designed and installed in accordance with the provisions of this code, but in no event shall wood foundations be used for 1 or 2 family dwellings.

(n)   R404.1.3 Design required. A design in accordance with the accepted engineering practice shall be provided for concrete or masonry foundations walls when any of the conditions listed below exist. Where applicable, a standard design approved by the City may be used in lieu of a design from the design professional. The Johnson County Residential Foundation Guideline (Oct. 1, 2007) will be accepted as an alternate. For a new single family dwelling where standard designs approved by the city are used, the design professional sealing the plans shall specify the use of those designs on the approved plans or through a separate report.

(1)   Walls are subject to Hydrostatic pressure from ground water.

(2)   Walls supporting more than 48” of unbalanced backfill that do not have permanent lateral support at the top and bottom.

(3)   Site containing CH, MH, OL or OH soils as identified in table R405.1.

(4)   Foundation walls exceeding ten feet in height, measured from the top of the wall to the bottom of the slab.

(5)   Lots identified on the sub-division grading plan as having more than six feet of fill or having a finished slope steeper than four horizontal to one vertical before grading.

(6)   Footings and foundations with existing fill soils below the footing level.

(7)   Lots where some footings will bear on soils and others will bear on rock.

(8)   Areas where problems have historically occurred.

(9)   Stepped footings and foundation walls

(o)   R502.2.2 Decks. The construction of decks and balconies shall be done following the “Johnson County Residential Decks – Permit and Construction Guidelines.”

(p)   R506.2.5 Basement floor slab isolation. Basement floor slabs shall be isolated from column pads, interior columns and interior bearing walls to facilitate differential movement. Non-bearing walls supported on basement floor slabs shall be provided with a minimum one inch expansion joint to facilitate differential movement between the floor slab and the floor framing above. Isolation and/or an expansion joint is not required within six inches of the exterior walls.

(q)   R602.10.3.9 Braced wall panel construction methods. The “Johnson County Braced Wall Report”, shall be the standard for all garages, including the “H” frame detail.

(r)    P2503.4.1 Building sewer testing. This testing will be required when ordered by the Building Official.

(s)   P2503.5 DWV systems testing. Rough and finished plumbing installations shall be tested in accordance with P2503.5.1 and P2503.5.2. This Testing will be required when ordered by the Building Official.

Plumbing Code:

(t)    305.6.1 Sewer depth. Building sewers that connect to private sewage disposal systems shall be a minimum of 18” below finished grade at the point of septic tank connection. Building sewers shall be a minimum of 24” below grade or at a depth approved by the Building Official.

(u)   701.3.1 Separate sewer connection. All residential duplex and or condominium units shall have installed separate sanitary sewer service lines to each living unit, from the main line to the living unit.

(v)   Table 702.3 Building sewer pipe. Delete vitrified clay pipe.

(w)  708.3.5.1 Building drain and building sewer junction. An approved type clean out fitting shall be installed outside of the building and extended above grade from the waste or soil lines serving a building constructed with concrete floor or with a crawl space foundation.

(x)   Footnote a. to Table 710.1(1) Building Drains and Sewers. The minimum size of any building drain serving a water closet shall be four (4) inches.

(y)   715.1 Sewage Backflow. Where the flood level rims of plumbing fixtures are below the elevation of the manhole cover of the next upstream manhole in the public sewer, such fixtures shall be protected by a backwater valve installed in the building drain, branch of the building drain or horizontal branch serving such fixtures.  Additionally, backwater valves must be installed at the owner’s expense in residential drains under any of the following circumstances: (1) the residence experiences a sanitary sewer backup that, as determined by the City Building Inspector or Wastewater Superintendent, was directly caused by a backup in the public sewer main; or (2) a new residence is being constructed; or (3) replacements or repairs are being made to an existing residential sanitary sewer lateral line; or (4) a residential remodeling project that exceeds twenty five percent of the residential structure, or (5) more than twenty five percent of the plumbing fixtures in a residential structure are replaced. The plumbing permit fee for installation of a backwater valve at a residence shall be waived by the city.

(Ord. 755; Ord. 2184, Sec. 2; Code 2009; Ord. 2292, Sec. 1)

(a)   This and other articles of the city relating generally to the enforcement of uniform codes shall be administered and enforced by the building official. The building official shall act as chief building official and may assume the responsibilities of 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 building official shall prepare such application, permit, inspection and record forms as may be required for the purposes of the article. The building official 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.

(Ord. 820, Sec. 4; Code 1998)

(a)   No person shall erect, construct, enlarge, alter, move, improve, remove, excavate for, convert, or demolish any building structure or utility in the city, or do any work regulated by any portion of this code, or cause the same to be done, without first obtaining a building permit for any such work from the building official.

(b)   No person shall obtain a building permit unless and until they have obtained a license and complied with the contractor licensing requirements of Johnson County, Kansas as set forth in the Contractor Licensing Regulations adopted pursuant to County Resolution 058-01, which Contractor Licensing Regulations are incorporated herein by reference, or such person shows adequate proof to the Building Official that they are exempt from such requirements.

(c)   A building permit shall not be required for exempted work as described in Sec. 105.2 of the International Building Code; Section 106.2 of the International Plumbing Code; Sec. 106.2 of the International Mechanical Code and Sec. 90.2(b) of the National Electrical Code.

(d)   In cases of real emergency, the person doing the work or causing the work to be done, may proceed with the work and file application for a permit within 72 hours after commencement of emergency work. Emergency shall be considered to exist only in those situations wherein life, health and safety would be adversely affected if work were not commenced immediately.

(Ord. 820, Sec. 7; Ord. 1176, Sec. 1; Code 2009)

(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 building address assigned by the building official in accordance with the city address system;

(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)   The date work will commence;

(10) Expected date of completion;

(11) Name and address of contractor or contractors doing the work;

(12) 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 who has complied with, or is exempt from, the contractor licensing requirements of Johnson County, Kansas. If the application is made by the owner or his agent, it shall contain the name or names of the contractor or contractors doing the work described, as well as proof that they have complied with or are exempt from the licensing requirements of Johnson County, Kansas. A building permit may also be issued to a homeowner who personally occupies or will occupy and undertakes the construction, alteration, repair, or maintenance of such homeowner’s single-family residence or an accessory structure thereto. Any permit issued to a homeowner in accordance herewith will be subject to final approval of the building inspector for work performed. Notwithstanding the foregoing, for purposes of this section, any homeowner who undertakes the construction of a new residence for such homeowner’s personal occupancy more than three times in any five year period shall be deemed to be a contractor that is required to comply with the licensing requirements of Johnson County, Kansas.    

(c)   Upon approval of the completed application and a determination that a permit should be issued, the chief building official or his or her assistant 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 12 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.

(Ord. 820, Sec. 7; Ord. 1176, Sec. 1)

Two sets of plans and specifications, as identified in this code, shall be submitted to the building official with the application. The building official shall review the plans to verify compliance with the code and retain one set of plans and specifications and return the second set to the applicant, to be retained on construction site during construction.

(Ord. 820, Sec. 7; Code 1998)

(a)   Building Permit Fees. For each building permit issued by the city pursuant to Article 21 of the zoning regulations there shall be charged and collected from the applicant a fee as set out in the City’s annual Fee Resolution.

(b)   Separate Permits. There shall be a separate permit issued for each building or structure to be constructed, erected or altered, except accessory buildings and appurtenances which may be included in the permit for the main building when construction is simultaneous.

(c)   Park Fee. In addition to the regular fees collected at the time a building permit application is made for new construction, a park fee shall be due and collected according to the City’s annual Fee Resolution.

No building permit shall be issued until and unless the zoning administrator is advised by the city clerk that fees have been collected as prescribed herein.

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.

(Ord. 855, Secs. 1:2; Ord. 951, Sec. 3; Code 2009)

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 1998)

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 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 1998)

(a)   A temporary occupancy permit may be issued for a period not to exceed 90 days upon satisfaction of all safety conditions set out in the various codes herein adopted and any amendments thereto and upon satisfactory completion of the following exterior requirements:

(1)   The exterior portion of the structure shall be finished with no vapor barrier or insulation showing, and, surfaces that require protection shall be painted or stained.

(2)   All exterior final grades shall be completed.

(3)   All construction materials shall be picked up and removed or stored out of sight.

(4)   All trees and brush material generated as a result of clearing for the structure shall be removed.

(5)   All exterior steps, decks, porches and other similar appurtenances shall be in place and finished.

(6)   All driveways shall be finished (or sufficient funds shall be placed in escrow with the city clerk to pay for completion of all driveways).

(b)   If, upon the expiration of 90 days after the issuance of a temporary occupancy permit all building code requirements have not been completed, the temporary occupancy permit shall be revoked. A temporary occupancy permit may be extended by the building official, however, for a period not to exceed six months from the date of the original temporary occupancy permit if all items required for a final occupancy permit have been completed with the exception of a driveway for which funds have been escrowed.

(Ord. 820, Sec. 10; Code 2009)

(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 during any successive stage of the construction or other work covered by a permit in order to secure compliance with laws pertaining thereto.

(Code 2009)

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.

(Ord. 855; Code 1998)

Permit fees provide for customary inspections only. Where additional inspections are made necessary by incomplete or faulty work or because of incorrect address given or because the building is locked, no fee shall be charged for the first reinspection; however, a fee of $10 shall be charged for each additional reinspection. This fee shall be paid by the permittee before another inspection can be requested according to the International Building Code unless modified by the governing body.

(Ord. 820, Sec. 8; Code 2009)

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.

(Code 1998)

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 1998)