ARTICLE 1A. BUILDING CODE
6-101 International building code (IBC).
There is hereby incorporated by reference for the purpose of providing minimum regulations for the construction, erection, remodeling, alteration, repair or expansion of any building or structure, the “International Building Code,” (IBC) 2024 Edition, including all appendices to each, prepared and published in book form by the International Code Council, Inc., except such articles, sections, parts or portions as are hereinafter omitted, deleted, modified or changed. Any errata officially published by the International Code Council, Inc., shall become part of the IBC when placed on file with the city clerks by the city staff. If any conflict or discrepancy exists between this Article and the referenced IBC, the provisions of this Article shall rule. No fewer than two copies of the IBC shall be marked or stamped “Official Copy as Incorporated by Reference by the Code of the City of Newton, Kansas,” with all sections or portions thereof intended to be deleted, changed or amended clearly marked, and to which shall be attached a copy of this article or said ordinance and filed with the city clerk to be open to inspection and available to the public at all reasonable hours. All administrative departments of the City charged with the enforcement of the ordinance shall be supplied, at the cost of the City, such number of official copies of such IBC similarly marked, deleted and changed as may be expedient.
(Ord. 4497-04; Ord. 4691-09; Ord. 4843-14; Ord. 5055-21; Ord. 5125-23; Ord. 5178-25)
6-102 Board of appeals and variances created, duties.
(Note: for procedures and policies related to appeals and variances to zoning code, see Article 14 of the City’s Zoning Regulations)
A. Shall have the authority to administer oaths, affirmations, examine witnesses, and receive evidence;
B. Shall hear and decide appeals from decisions made by the Building Official, Fire Code Official, or their designated representative relative to building construction and enforcement of City Code, the codes of the International Code Council, Inc., and its amendments and deletions as adopted by the City.
C. Shall hear and decide requests for variances to the City Code as related to the codes of the International Code Council, Inc., and its amendments and deletions as adopted by the City of Newton.
D. Shall hear and decide appeals from decisions made by the Building Official, Fire Code Official, or their designated representative relative to contractor licensing regulations as adopted by the city.
E. Shall consider the findings of the Building Official, Fire Code Official, their designated representative, and other credible and qualified persons as to facts relating to their field of expertise, if supported by conclusive evidence.
A. How the variance request arises from such condition which is unique to the structure in question and which were not created by an illegal action of the owner, tenant or contractor;
B. How the granting of the variance will not adversely affect the rights of adjacent property owners or residents;
C. How the strict application of the provisions of the code from which variance is requested will constitute unnecessary hardship upon the property owner represented in the application;
D. How the variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare;
E. How the variance desired will not be opposed to the general spirit and intent of the City Code, the codes of the International Code Council, Inc., and its amendments and deletions as adopted by the City of Newton.
F. That the variance, if granted, is the minimum variance that will afford relief and is the least modification possible of the provisions of the code which are in question.
G. That the variance conforms, or is not opposed, to the adopted Comprehensive Plan and proposed future uses of the area.
(Ord. 3702; Ord. 5055-21; Ord. 5125-23; Ord. 5178-25)
6-103 Deletions to International Building Code.
The following portions of the IBC and all their appendices are hereby deleted: Sections
• 105.2 #6 – Work exempt from permit;
• 113 – Means of Appeals;
• 412.3.1 – Exterior walls;
• 1112.1 through 1112.6 – Signage;
• 1207 – Enhanced Classroom Acoustics;
• Chapter 13 – Energy Efficiency;
• 2902.7 – Service sink location;
• Appendices A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, and P.
(Ord. 4497-04; Ord. 4691-09; Ord. 4843-14; Ord. 5055-21; Ord. 5125-23; Ord. 5178-25)
6-104 Amendments to International Building Code.
The following amendments to the IBC incorporated by section 6-101 of this Article are hereby adopted:
The provisions of Chapter 6 Article 2 of the Newton City Code shall apply to the installation of electrical systems, including alternations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto.
The provisions of the International Existing Building Code or the IBC shall apply to matters governing the repair, alternation, change of occupancy, addition to and relocation of existing buildings. The applicant must indicate which of the above codes will be used on the project and must meet all provisions of the above code. The structural provisions of the selected codes shall not apply if all the following conditions are met:
Exemptions from permit requirements of this Code shall not be deemed to grant authorization of any work to be done in any manner in violation of the provisions of this Code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:
Building:
A. Playhouses or tree houses having single or multi-level floors with or without roofs.
B. All detached accessory structures within Newton Jurisdiction greater than 25 (2.32 m 2) but equal to or less than 400 (37.16 m 2) square feet shall be tied down to the earth using anchoring methods; or be attached to a permanent concrete foundation per R403.1.6.
Exception to Location Permit Requirement: Non-fixed and movable storage cabinets equipped with doors that conceal the contents within and have a footprint not exceed 25 square feet (2.32 m 2), shall not require the issuance of a location permit.
Exception: sidewalks in the ROW used by the public at large will require a permit
Where repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the Building Official.
An application for a permit for any proposed work shall be deemed to have abandoned when the code used for the project design is no longer in effect, unless such application has demonstrated to have been pursued in good faith or a permit has been issued; except that the Building Official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated.
Work requiring a permit shall not be commenced until the permit holder or an agent of the permit holder has posted or has made available on inspection record card such as to allow the Building Official to conveniently make the required entries thereon regarding inspection of the work. This card shall be maintained and made available by the permit holder until final approval has been granted by the Building Official.
See Newton City Code 6-116 to 6-117 for permits and related regulations.
When submittal documents are required by Section 107 of the IBC, a plan review fee shall be paid at the time of submitting the documents for plan review, said plan review fee shall be 60 percent of the building permit fee. The plan review fees are separate fees and are in addition to the building permit fees. When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal of the IBC, an additional plan review fee shall be charged at the rate of 75 percent of the building permit fee. See City Code 6-116.1.
After the Building Official inspects the building or structure and does not find violations of the provisions of this Code or other laws that are enforced by the department, the Building Official shall issue a certificate of occupancy that contains the following:
[A] CODE OFFICIAL. The officer or other designated authority charged with the administration and enforcement of this code, referred to in the Newton City Code as Building Official, Fire Code Official, or their designated agents or representatives.
This group includes buildings and structures or portions thereof occupied by more than Ten (10) children older than 21/2 years of age who receive educational, supervision or personal care services for fewer than 24 hours per day.
The private garage shall be separated from the dwelling unit and its attic area by means of gypsum board, not less than ½ inch (12.7 mm) in thickness, applied to the garage side. Garages beneath habitable rooms shall be separated from all habitable rooms above by not less than a 5/8-inch (15.9 mm) Type X gypsum board or equivalent and 1/2-inch (12.7 mm) gypsum board applied to structures supporting the separation from habitable rooms above the garage. Door openings between a private garage and the dwelling unit shall be equipped with either solid wood doors or solid or honeycomb core steel doors not less than 13/8 inches (34.9 mm) in thickness, or doors in compliance with Section 716.2.2.1 with a fire protection rating of not less than 20 minutes. equipped with a self-closing or automatic-closing device for new construction. Openings from a private garage directly into a room used for sleeping purposes shall not be permitted.
Doors to resident sleeping units shall have a clear width of not less than 32 inches (813 mm).
Aircraft hangars shall be provided with a fire suppression system in accordance with NFPA 409, based on the classification for the hangar given in Table 412.3.6.
Exception: Group II and III hangars used for storage of aircraft only shall have a fire suppression system, where the fire area (See IBC Section 412.3.6.2) used for aircraft storage exceeds 18,000 square feet (1672 m 2), but the system is exempt from foam requirements.
In areas where the shelter design wind speed for tornados is 250 mph in accordance with Figure 304.2(1) of ICC 500, all Group E occupancies with an occupant load of 50 or more shall have a storm shelter constructed in accordance with ICC 500.
Exceptions:
| BUILDING ELEMENT | TYPE I | TYPE II | TYPE III | TYPE IV | TYPE V | |||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| A | B | A | B | A | B | A | B | C | HT | A | B | |
| Primary Structural frame f (See Section 202) | 3a,b | 2a,b,c | 1b,c | 0c | 1b,c | 0 | 3a | 2a | 2a | HT | 1b,c | 0 |
| Bearing walls | ||||||||||||
| Exteriore, f | 3 | 2 | 1 | 0 | 2 | 2 | 3 | 2 | 2 | 2 | 1 | 0 |
| Interior | 3a | 2a | 1 | 0 | 1 | 0 | 3 | 2 | 2 | 1/HT g | 1 | 0 |
| Nonbearing walls and partitions Exterior | See Table 705.5 | |||||||||||
| Nonbearing walls and partitions Interior d | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | See Section 2304.11.2 | 0 | 0 |
| Floor construction and associated secondary members (see Section 202) | 2 | 2 | 1 | 0 | 1 | 0 | 2 | 2 | 2 | HT | 1 | 0 |
| Roof construction and associated secondary structural members h (See Section 202) | 1 1/2 b | 1b,c | 1b, c | 0c | 1b,c | 0 | 1 1/2 | 1 | 1 | HT | 1b, c | 0 |
For SI: 1 foot = 304.8 mm
a. Roof supports: Fire-resistance ratings of primary structural frame and bearing walls are permitted to be reduced by 1 hour where supporting a roof only.
b. Except in Group F-1, H, M and S-1 occupancies, fire protection of structural members in roof construction shall not be required, including protection of primary structural frame members, roof framing and decking where every part of the roof construction is 20 feet or more above any floor or mezzanine immediately below. Fire-retardant-treated wood members shall be allowed to be used for such unprotected members.
c. In all occupancies, heavy timber complying with Section 2304.11 shall be allowed for roof construction, including primary structural frame members, where a 1-hour or less fire-resistance rating is required.
d. Not less than the fire-resistance rating required by other sections of this code.
e. Not less than the fire-resistance rating based on fire separation distance (See Table 705.5).
f. Not less than the fire-resistance rating as referenced in Section 704.9.
g. Heavy timber bearing walls supporting more than two floors or more than a floor and a roof shall have a fire-resistance rating of not less than 1 hour.
h. Canopies under which temporary transactions occur or the loading and unloading of passengers of private or pleasure-type motor vehicles may be fire-retardant wood construction on non-combustible construction, subject to the following conditions:
1. The canopy is open on three sides of or more sides and in not more than 1,500 square feet (139 m 2).
2. Canopy structures shall not be located in areas where building openings are prohibited or openings are required to be protected by Table 705.5.
3. Buildings or portions thereof with exits having canopy structures located over the exit discharge shall be provided with an alternate means of egress as required by section 1007.1.1.
Fire walls shall be constructed in accordance with Sections 706.2 through 706.11. The extent and location of such fire walls shall provide a complete separation. Where a fire wall separates occupancies that are required to be separated by a fire barrier wall, the most restrictive requirements of each separation shall apply.
Exceptions:
The total area of the glazing in fire-protection-rated window assemblies shall not exceed 25 percent of the area of a common wall with any room.
Exception: Window openings of unlimited area may be glazed with approved fixed laminated glass. Subject to the following conditions:
Fire detection, alarm and extinguishing systems shall be maintained in an operative condition at all times, and shall be replaced or repaired where defective. Non-required fire protection systems and equipment shall be inspected, tested and maintained or removed. Installation and alterations to fire detection, alarm and extinguishing systems shall be done in accordance with applicable standards and shall be performed by an approved City of Newton licensed fire alarm contractor shall have a qualified person with a minimum NICET III in fire alarm systems or other approved equivalent certification.
Where buildings, or portions thereof, are divided into fire areas so as not to exceed the limits established for requiring a fire protection system in accordance with this Chapter, such fire areas shall be separated by fire walls constructed in accordance with Section 706, fire barriers constructed in accordance with Section 707, or horizontal assemblies constructed in accordance with Section 711, or a combination thereof having a fire-resistance rating of not less than that determined in accordance with Section 707.3.10.
Exception: Building constructed prior to the adoption of the 2000 Edition of the IBC (April 2, 2002) and any building containing Group S-1 and F-1 Occupancies constructed prior to the adoption of the 2018 Edition of the IBC (May 1, 2016) may have a nonconforming fire area increased by not more than 25 percent of the fire area limitations, for the occupancy classification, as specified under Section 903.2 of the IBC. All additions to the fire area shall be considered as accumulative and subject to the limitations of the construction type.
Automatic sprinkler riser rooms and fire pump rooms shall be maintained at a temperature of not less than 40°F (4°C). Heating units shall be permanently installed (non-switched). Exterior riser rooms shall have low- temperature detection connected to the fire alarm system.
An automatic sprinkler system shall be provided throughout stories containing Group A-2 occupancies and throughout all stories from the Group A-2 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists:
Exception: The fire area occupant load may go to 299 people if a 3rd exit in accordance with Section 1007.1.2 and Section 1016.2 and a manual fire alarm system that activates an occupant notification system in accordance with Section 907.5 is added that is approved by the Fire Code Official or the Building Official or the plans examiner reviewing the project.
An automatic sprinkler system shall be provided throughout all Group F-1 occupancy fire areas that contain woodworking operations in excess of 2,500 square feet (232 m 2) in area that generate finely divided combustible waste or use finely divided combustible materials.
Exception: A room or the aggregate area of rooms containing woodworking operations within a fire area, as defined by the International Building and Fire Codes, where the area is 2,500 square feet (232 m 2) or less. Walls which define rooms containing a wood working operation shall be of non-combustible construction. All doors shall have self-closing devices and any windows shall be fixed closed. All openings shall be maintained closed.
An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area.
Exceptions:
An automatic sprinkler system shall be provided throughout all buildings containing a Group S-1 occupancy where one of the following conditions exists:
Exception: A Group II or III aircraft hangar, as defined by NFPA 409, used of storage of aircraft only when the fire area exceeds 18,000 square feet (1,672 m 2). See Section 412.3.6.2 for fire area allowances for ancillary uses.
An automatic sprinkler system shall be provided throughout buildings classified as parking garages where any of the following conditions exists:
Exception: Enclosed parking garages located beneath Group R-3 occupancies.
Openings shall have a minimum dimension of not less than 30 inches (762 mm) in width and 48 inches (1,219 mm) in height. Access to such openings shall be provided for the fire department from the exterior and shall not be obstructed in a manner such that firefighting or rescue cannot be accomplished from the exterior.
An automatic sprinkler system shall be installed throughout buildings that have one or more stories with an occupant load of 30 or more located 55 feet (16,764 mm) or more above the lowest level of fire department vehicle access, measured to the finish floor.
Exceptions:
Upon activation, fire alarm systems and dedicated function sprinkler monitoring systems shall initiate occupant notification and shall annunciate at the fire alarm control unit, or where allowed elsewhere by Section 907, at a constantly attended location.
Smoke and heat vents installed in accordance with Section 910.3 or a mechanical smoke removal system installed in accordance with Section 910.4 shall be install in buildings and portions there of used as Group F-1 or S-1 occupancy having more than 50,000 square feet (4,645 m 2) of undivided area. In occupied portions of a building equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 where the upper surface of the story is not a roof assembly, a mechanical smoke removal system in accordance with Section 910.4 shall be installed.
Exception:
Fire department connections shall be located on the street side of buildings or facing approved fire apparatus access roads, fully visible and recognizable from the street, fire apparatus access road or nearest point of fire department vehicle access or as otherwise approved by the Fire Code Official. In addition, a horn/strobe device shall be installed directly above the fire department connection and shall activate in conjunction with the fire alarm system to indicate water flow.
A metal sign with raised letters not less than 4 inch (101.6 mm) in size shall be mounted on all fire department connections serving automatic sprinklers, standpipes or fire pump connections. Such signs shall read: “AUTOMATIC SPRINKLERS,” “STANDPIPES,” “TEST CONNECTION,” “STANDPIPE AND AUTOSPKR” OR “AUTOSPKR AND STANDPIPE,” or a combination thereof as applicable.
Each fire department connection (FDC) shall be designated by a sign with raised letters not less than 4 inches (101.6 mm) in height. For manual standpipe systems, the sign shall also indicate that the system is manual and that is either wet or dry.
Emergency lighting facilities shall be arranged to provide initial illumination that is not less than an average of 1 foot-candle (11 lux) and a minimum at any point of 0.1 foot-candle (1 lux) measured along the path of egress at floor level. Illumination levels shall be permitted to decline to 0.6 foot-candle (6 lux) average and a minimum at any point of 0.06 foot-candle (0.6 lux) at the end of the emergency lighting time duration. A maximum-to-minimum illumination uniformity ratio of 40 to 1 shall not be exceed. In Group I-2 occupancies, failure of single lamp in a luminaire shall not reduce the illumination level to less than 0.2 foot-candle (2.2 lux).
Exception: Emergency lighting fixtures shall be arranged at intervals not to exceed 50 feet (15 240 mm) on center or 25 feet (7620 mm) in any one direction along the path or egress. Obstructions or changes in direction or exit travel shall be considered the conclusion of the emergency light facility.
Flights of stairways shall have handrails on each side and shall comply with Section 1014. Where glass is used to provide the handrail, the handrail shall comply with Section 2407.
Exceptions:
5.1. The stairway contains not more than two risers.
5.2. A handhold, positioned horizontally or vertically, is located on one side of the stairway adjacent to the top landing.
5.3. The handhold is located not less than 34 inches (864 mm) and not more than 42 inches (1067 mm) above the bottom landing of the stairway.
5.4 The handhold gripping surface complies with Section 1014.4, and is not less than 4.5 inches (114mm) in length.
Occupiable spaces, habitable spaces and corridors shall have a ceiling height of not less than 7 feet 6 inches (2,286 mm) above the finish floor. Bathrooms, toilet rooms, kitchens, storage rooms and laundry rooms shall have a ceiling height of not less than 7 feet (2,134 mm) above the finish floor.
Exceptions:
Walls and partitions within 2 feet (610mm) of service sinks, urinals and water closets shall have a smooth, hard, nonabsorbent surface, to a height of not less than 4 feet (1219mm) above the floor, and except for structural elements, the materials used in such walls shall be of a type that is not adversely affected by moisture.
Exception: This section does not apply to the following buildings and spaces:
Accessories such as grab bars, towel bars, paper dispensers and soap dishes, provided on or within walls, shall be installed and sealed to protect structural elements from moisture.
Design and installation of roof drainage systems shall comply with this section and Section 1611 of the IBC. Roofs shall be sloped a minimum of 1 unit vertical in 48 units horizontal (2-percent slope) for drainage unless designed by a licensed engineer for water accumulation. The storm drainage 60-minute duration rate, based on a 100-year return (maximum rate of rainfall), for the City of Newton has been determined by the building official to be 3.6 inches (99 mm). Roof drainage water from a building shall not be allowed to flow over public or private property, unless permitted by an approved drainage agreement or easement. Discharge from mechanical equipment condensate drains and any other wastewater and roof downspouts shall not discharge into a pedestrian walking surface.
Where roof drains are required, secondary (emergency overflow) roof drains or scuppers shall be provided where the roof perimeter construction extends above the roof in such manner that water will be entrapped if the primary drains allow buildup for any reason. The installation and sizing of secondary emergency overflow drains, leaders and conductors shall be installed with a flow line 2 inches (51 mm) maximum above the low point of the roof. The secondary emergency overflow scuppers shall have an opening dimension of less than 4 inches (102 mm) in any direction and shall be located a minimum 4 feet (1219 mm) horizontally from the primary scuppers and the primary piped roof drains. The flow through the primary system shall not be considered when location and sizing the secondary emergency overflow scuppers.
Exception: For canopies draining through a perimeter gutter, into sloped gutters, and into drains at the column, the low point of the roof shall be considered the bottom of gutter beneath the canopy. Secondary emergency overflow scuppers shall not be required to meet the 4 inch (102 mm) opening dimension and 1 inch (25.5 mm) or greater height opening will be allowed provided that a Kansas Licensed Engineer provide calculations.
The minimum uniformly distributed live loads of roofs, marquees and canopies shall be a minimum of 20 pounds per square foot (psf).
To establish flood hazard areas, the applicable governing authority shall adopt a flood hazard map and supporting data. The flood hazard map shall include, at a minimum, areas of special flood hazard as identified by the Federal Emergency Management Agency in an engineering report entitled “The Flood Insurance Study of City of Newton, Kansas, Harvey County,” as amended or revised with the accompanying Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) and related supporting data along with any revisions thereto. The adopted flood hazard map and supporting data are hereby adopted by reference and declared to be part of this section.
Except where otherwise protected from frost, foundations and other permanent supports of buildings and structures shall be protected from frost by one or more of the following methods:
Exception: Free-standing buildings meeting all of the following conditions shall not be required to be protected.
For other than Group R-2 and R-3 occupancies, a one-story prefabricated building not over 150 square feet (13.94 m 2) in floor area and supported in an approved manner may be attached to a building having a permanent foundation extending below the frost line. The roof and exterior walls of the prefabricated building shall be flashed in an approved manner to form a weather-tight seal between structures. Shallow foundations shall not bear on frozen soil unless such frozen condition is of a permanent character.
Plumbing fixtures shall be provided in the minimum number as shown in Table 2902.1 based on the actual use of the building or space. Uses not shown in Table 2902.1 shall be considered individually by the Building Official. The number of occupants shall be determined by this Code.
TABLE 2902.1 [P] TABLE 2902.1 MINIMUM NUMBER OF REQUIRED PLUMBING FIXTURES a
| NO. | CLASSIFICATION | DESCRIPTION | WATER CLOSETS | LAVATORIES | BATHTUBS / SHOWERS | DRINKING FOUNTAIN | OTHER | |||
|---|---|---|---|---|---|---|---|---|---|---|
| MALE | FEMALE | MALE | FEMALE | |||||||
| 1 | Assembly | Theaters and other buildings for the performing arts and motion pictures d | 1 per 125 | 1 per 65 | 1 per 200 | — | 1 per 500 | — | ||
| Nightclubs, bars, taverns, dancehalls and buildings for similar purposes d | 1 per 40 | 1 per 40 | 1 per 75 | — | 1 per 500 | 1 service sink | ||||
| Restaurants, banquet halls and food courts d | 1 per 75 | 1 per 75 | 1 per 200 | — | 1 per 500 | 1 service sink | ||||
| Casino gaming areas | 1 per 100 for the first 400 and1 per 250 for the remainder exceeding 400 | 1 per 50 for the first 400 and 1 per 150 for the remainder exceeding400 | 1 per 250 for the first 750 and 1 per 500 for the remainder exceeding750 | — | 1 per 1,000 | 1 service sink | ||||
| Auditoriums without permanent seating, art galleries, exhibition halls, museums, lecture halls, libraries, arcades and gymnasiums d | 1 per 125 | 1 per 65 | 1 per 200 | — | 1 per 500 | — | ||||
| Passenger terminals and transportation facilities d | 1 per 500 | 1 per 500 | 1 per 750 | — | 1 per 1,000 | — | ||||
| Places of worship and other religious services d | 1 per 150 | 1 per 75 | 1 per 200 | — | 1 per 1,000 | — | ||||
| Coliseums, arenas, skating rinks, pools and tennis courts for indoor sporting events and activities f | 1 per 75 for the first 1,500 and 1 per 120 for the remainder exceeding 1,500 | 1 per 40 for the first 1,520 and 1 per 60 for the remainder exceeding1,520 | 1 per 200 | 1 per 150 | — | 1 per 1,000 | — | |||
| Stadiums, amusement parks, bleachers and grandstands for outdoor sporting events and activities f | 1 per 75 for the first 1,500 and 1 per 120 for the remainder exceeding 1,500 | 1 per 40 for the first 1,520 and 1 per 60 for the remainder exceeding1,520 | 1 per 200 | 1 per 150 | — | 1 per 1,000 | — | |||
| 2 | Business | Buildings for the transaction of business, nonmedical professional services, other services involving merchandise, office buildings, banks, light industrial and similar uses | 1 per 25 for the first 50 and 1per 50 for the remainder exceeding 50 | 1 per 40 for the first 80 and 1 per 80 for the remainder exceeding 80 | — | 1 per 100 | — | |||
| Ambulatory care facilities and outpatient clinics | 1 per 25 for the first 50 and 1 per 50 for the remainder exceeding50 | 1 per 25 for the first50 and 1 per 50 for the remainder exceeding50 | 1 per 50 | — | 1 per 100 | — | ||||
| 3 | Educational | Educational facilities | 1 per 50 | 1 per 50 | — | 1 per 100 | — | |||
| 4 | Factory and Industrial | Structures in which occupants are engaged in work fabricating, assembly or processing of products or materials | 1 per 100 | 1 per 100 | — | 1 per 400 | — | |||
| 5 | Institutional | Alcohol and drug centers b Congregate care facilities b Group homes b Halfway houses b Social rehabilitation facilities b Foster care facilities b | 1 per 10 care recipients | 1 per 10 care recipients | 1 per 8 care recipients | — | — | |||
| Assisted living and residential board and care facilities with care recipients who receive custodial care | Sleeping units for care recipient c | 1 per 2 sleeping units | 1 per 2 sleeping units | 1 per 8 sleeping units | ||||||
| Dwelling units for care recipients | 1 per dwelling unit | 1 per dwelling unit | 1 per dwelling unit | — | 1 kitchen sink per dwelling unit | |||||
| Employee facilities | 1 per 60 care recipient units | 1 per 60 care recipient units | — | 1 per 100 | ||||||
| Visitor facilities | 1 per 75 care recipient units. | 1 per 75 care recipient units | — | — | — | |||||
| Nursing homes b | Sleeping units for care recipients c | 1 per 2 care recipient sleeping units | 1 per 2 care recipient sleeping units | 1 per 8 care recipient sleeping units | — | — | ||||
| Employee facilities | 1 per 60 care recipient units | 1 per 60 care recipient sleeping units | — | 1 per 100 | — | |||||
| Visitor facilities | 1 per 75 care recipient units | 1 per 75 care recipient sleeping rooms | — | — | — | |||||
| Hospitals b | Sleeping units for care recipients | 1 per care recipient sleeping unit | 1 per care recipient sleeping unit | 1 per 100 care recipient sleeping units | — | |||||
| Care recipient treatment areas | 1 per 25 care recipient treatment rooms | 1 per 50 care recipient treatment room s | — | 1 per 100 | — | |||||
| Employee facilities | 1 per 25 care recipient sleeping units or treatment room | 1 per 25 care recipient sleeping units or treatment room | 1 per 50 care recipient sleeping room or treatment room | — | 1 per 100 | — | ||||
| Visitor facilities | 1 per 75 care recipient sleeping units or treatment room | 1 per 75 care recipient sleeping units or treatment room | 1 per 50 care recipient sleeping room or treatment room | — | 1 per 500 | — | ||||
| Prisons b | 1 per cell | 1 per cell | 1 per 15 | 1 per 100 | — | |||||
| Reformatories, detention centers and correctional centers b | Cells | 1 per 15 | 1 per 15 | 1 per 15 | 1 per 100 | — | ||||
| Congregate Living Facilities | 1 per 15 | 1 per 15 | 1 per 15 | 1 per 100 | — | |||||
| Employees | 1 per 25 | 1 per 35 | — | 1 per 100 | — | |||||
| Adult day care and child daycare | 1 per 15 | 1 per 15 | 1 | 1 per 100 | — | |||||
| 6 | Mercantile | Retail stores, service stations, shops, salesrooms, markets and shopping centers | 1 per 500 | 1 per 750 | — | 1 per 1,000 | — | |||
| 7 | Residential | Hotels, motels, boarding houses(transient) | 1 per dwelling or sleeping unit | 1 per dwelling or sleeping unit | 1 per dwelling or sleeping unit | — | — | |||
| Dormitories, fraternities, sororities and boarding houses (not transient) | 1 per 10 | 1 per 10 | 1 per 8 | 1 per 100 | — | |||||
| Apartment house | 1 per dwelling unit or sleeping unit | 1 per dwelling unit or sleeping unit | 1 per dwelling unit or sleeping unit | — | 1 kitchen sink per dwelling unit; 1 automatic clothes washer connection per 20 dwelling units | |||||
| Congregate living facilities with 16 or fewer care recipients receiving custodial care | 1 per 10 | 1 per 10 | 1 per 8 | 1 kitchen sink | ||||||
| One- and two-family dwellings and lodging houses with five or fewer guestrooms | 1 per dwelling unit | 1 per dwelling unit | 1 per dwelling unit | — | 1 kitchen sink per dwelling unit; 1 automatic clothes washer connection per dwelling unit | |||||
| 8 | Storage | Structures for the storage of goods, warehouses, storehouse and freight depots. Low and Moderate Hazard. | 1 per 100 | 1 per 100 | — | 1 per 1,000 | — | |||
a. The fixtures shown are based on one fixture being the minimum required for the number of persons indicated or any fraction of the number of persons indicated. The number of occupants shall be determined by this Code.
b. Toilet facilities for employees shall be separate from facilities for inmates or care recipients.
c. A single-occupant toilet room with one water closet and one lavatory serving not more than two adjacent patient sleeping units shall be permitted, provided that each patient sleeping unit has direct access to the toilet room and provisions for privacy for the toilet room user are provided.
d. Where the occupant load for seasonal outdoors seating and entertainment areas exceed 16, it shall be included when determining the minimum number of fixtures required in each restroom.
e. The required number and type of plumbing fixtures for indoor and outdoor swimming pools shall be in accordance with Section 609 of the International Swimming Pool and Spa Code. For a Homeowners Association or a Multi-Family Dwelling Unit Complex outdoor pool, one accessibility family or assisted-use facility containing one water closet and lavatory is acceptable.
f. The minimum number of required drinking fountains shall comply with Table 2902.1. Note: Drinking fountains shall not be installed in public restrooms.
g. Where urinals are provided, one water closet less than the number specified may be provided for each urinal installed, except the number of water closets in such cases shall not be reduced to less than one half of the minimum specified.
Drinking fountains shall not be required for an occupant load of 15 or fewer. Where water is served in restaurants or where bottled water coolers are provided in other occupancies, drinking fountains shall not be required.
Doors or other devices, other than the elevator car door and the associated elevator hoistway doors, shall be prohibited at the point of access to an elevator car unless such doors or other devices are readily openable from inside the car without a key, tool, special knowledge or effort.
Exception: Doors into a corridor shall be protected with not less than an automatic-closing, 20-minute door assembly in accordance with Sections 716.2.1.1 and 716.2.1.4 except that:
The use of Section 3114.8.5 is subject to the following limitations
(Ord. 4497-04; Ord. 4691-09; Ord. 4877-15; Ord. 5055-21; Ord. 5125-23; Ord. 5178-25)
6-104a Additional interim amendments to the International Building Code.
The IBC is further hereby amended such that any references therein to the International Electrical Code and the International Plumbing Code are hereby amended to refer instead, respectively, to the National Electrical Code incorporated by Section 6-202 of this Chapter and to the International Plumbing Code incorporated by Section 6-301 to this Chapter, respectively. If any such references to the International Electrical Code or to the International Plumbing Code are to specific sections thereof, the Building Official shall determine what the appropriate corresponding reference is to the provisions of the National Electrical Code or the International Plumbing Code.
(Ord. 4497-04; Ord. 4691-09; Ord. 5055-21; Ord. 5125-23; Ord. 5178-25)
6-105:112. Reserved.
(Code 2014; Ord. 5055-21; Ord. 5125-23; Ord. 5178-25)
6-113 Building permits required.
It shall be unlawful for any person to do, cause, or permit to be done any construction or any erection of any building or structure, or to do, cause, or permit to be done any remodeling, demolition in part or in whole, alteration or expansion of any building or structure, without first obtaining a building permit as required by this Code; provided however, that no building permit will be required for non-structural repairs and remodeling which has a total value of less than $1,000. Total value is determined by repairs not to include Mechanical, Plumbing and Electrical.
(Ord. 3963, Sec. 1; Ord. 5055-21; Ord. 5125-23; Ord. 5178-25)
6-114 Application for permit.
• office buildings,
• apartment houses exceeding either apartments,
• churches exceeding 250 seating capacity,
• schools,
• hospitals,
• museums,
• libraries,
• art galleries,
• theaters, and
• state buildings,
and any buildings where the cost of such is $30,000 or more except single or two-family dwellings, unless the plans and specifications therefor shall have been made by a licensed architect or licensed engineer who has submitted a sworn affidavit and such plans and specifications have been prepared in compliance with this Chapter.
The application for the permit shall be accompanied by a copy of specifications and of plans drawn to scale with sufficient clarity and detailed dimensions to show the nature and character of the work to be performed. The building inspector may waive the requirements for filing plans when the work involved is of a minor nature.
• warehouse,
• storage plant,
• public garage,
• factory,
• power house,
• laboratory,
• refinery,
• packing plant,
• refrigeration plant,
• dyeing or cleaning plant,
• laundry,
• railway freight depot or shed,
• grain elevator,
• mill,
and any heavily loaded structure, or for any other type industrial building or structure containing a total of 3,500 square feet or more of floor space, unless and until the following requirements are satisfied:
(Ord. 2950, Sec. 6-1.201; Ord. 5055-21; Ord. 5125-23; Ord. 5178-25)
6-114a Same; alternate procedure.
As an alternate procedure for the application for building permit, a permit may be issued for each of a three-phase project plan meeting the requirements set out below, but no work shall be commenced on any phase until the appropriate permit has been issued.
(Ord. 5055-21; Ord. 5125-23; Ord. 5178-25)
6-114a1 Same; phase I, site work.
A permit for Phase I, Site Work, shall be issued upon payment of the permit fee and meeting the following requirements:
(Ord. 5055-21; Ord. 5125-23; Ord. 5178-25)
6-114a2 Same; phase II, footing, foundation, structural frame and bearing walls.
A permit for Phase II, Footings, Foundation, Structural Frame and Load Bearing Walls, shall be issued upon payment of the permit fee and meeting the following requirements:
(Ord. 5055-21; Ord. 5125-23; Ord. 5148-25)
6-114a3 Same; phase III, completion of project.
A permit for Phase III, Completion of Project, shall be issued upon payment of the permit fee and meeting the following requirements:
(Ord. 3632; Ord. 5055-21; Ord. 5125-23; Ord. 5178-25)
6-115 Plot diagram.
There shall also be filed a plot plan showing, to a scale of not smaller than one to one hundred, the size and location of all the new construction and all existing structures on the site, distances from lot lines and the established street grades; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the plot plan shall show all construction to be demolished and the location and size of all existing buildings and construction that are to remain on the site or plot. The plot plan as to all new construction shall be accompanied by a certified boundary survey of the property. When lot comer elevations have been established by a drainage or grading plan, a certified certificate of elevation shall be submitted prior to the issuance of a Certificate of Occupancy for the project. The legal street number shall be prominently displayed during construction.
(Ord. 2950, Sec. 6-1.202; Ord. 4751-10; Ord. 5055-21; Ord. 5125-23; Ord. 5178-25)
6-116 Civil penalties.
(Ord. 3679, Sec. 5; Ord. 5055-21; Ord. 5125-23; Ord. 5178-25)
6-116.1 Same; new construction, additions to existing buildings and building repairs and alterations.
A fee for each building permit shall be paid to the Building Official as set forth in this section. The determination of value or valuation under any of the provisions of this Code shall be made by the Building Official. The Building Official shall have the authority and discretion to waive fees upon a showing of hardship or excusable neglect
The fee for the issuance of a building permit for any new construction, for additions to existing buildings, or for building repairs or alterations shall be in the amount provided below:
BUILDING PERMIT FEE SCHEDULE
| TOTAL VALUATION | FEE |
|---|---|
| $1.00 to $500.00 | $22.43 |
| $501.00 to $2,000.00 | $22.43 for the first $500.00 plus $2.99 for each additional $100.00 or fraction thereof. |
| $2,001.00 to $25,000.00 | $67.28 for the first $2,000.00 plus $11.96 for each additional $1,000.00 or fraction thereof. |
| $25,001. to $50,000.00 | $342.36 for the first $25,000.00 plus $8.97 for each additional $1,000.00 or fraction thereof. |
| $50,001.00 to $100,000.00 | $566.61 for the first $50,000.00 plus $5.98 for each additional $1,000.00 or fraction thereof. |
| $100,001.00 to $500,000.00 | $865.61 for the first $100,000.00 plus $4.49 for each additional $1,000.00 or fraction thereof. |
| $500,001.00 to $1,000,000.00 | $2,661.61 for the first $500,000.00 plus $3.74 for each additional $1,000.00 or fraction thereof. |
| $1,000,001.00 and up | $4,531.22 for the first $1,000,000.00 plus $2.99 for each additional $1,000.00 or fraction thereof. |
The determination of the value or valuation shall be made by the Building Official. The value to be used in computing the building permit fees shall be the total value of all construction work for which the permit is issued including labor, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems and any other permanent equipment.
(Ord. 4197; Ord. 4931-16; Ord. 5055-21; Ord. 5125-23; Ord. 5178-25)
6-116.2 Same; wrecking permits.
(Ord. 3592, Sec. 1; Ord. 5055-21; Ord. 5125-23; Ord. 5178-25)
6-116.3 Same; mechanical equipment.
(Ord. 3592, Sec. 1; Ord. 5055-21; Ord. 5125-23; Ord. 5178-25)
6-117 Substantiation of valuation; exemption.
The Building Official shall, when deemed necessary by him or her, require reasonable substantiation of valuation stated in any application for permit or any other form that may be prescribed. Permit fees required by other sections of the city code for mechanical, plumbing and electrical installation necessary to the proper function of the building shall be in addition to the fees required by these sections 6-116 et seq. Any work requiring a permit done under the jurisdiction of the city manager, and any public work done by the United States Government shall be exempt from this section. Every permit issued by the Administrative Authority under the provisions of this Article and of the code shall expire by limitation and become null and void if the work authorized by such permit is not commenced within six (6) months from the date of issuance of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of six (6) months. Before such work may be recommenced a new permit shall be first obtained to do so.
(Ord. 3679, Sec. 7; Ord. 5055-21; Ord. 5125-23; Ord. 5178-25)
6-118 Contractor defined.
A contractor, within the meaning of this Code, is any person who undertakes, or who advertises or otherwise represents to the public to have the capacity or ability to undertake, with or for another to build, construct, alter, repair, add to, wreck or demolish in part or in whole any building or structure or any portion thereof, either on his own or other property for purpose of speculation, within the city, for which a permit is required by this Code, for a fixed price, fee, percentage, or other compensation other than wages.
(Ord. 2950, Sec. 6-1.300; Ord. 5055-21; Ord. 5125-23; Ord. 5178-25)
6-119 Same; responsibility.
A Contractor shall be responsible for all work included in their contract whether or not such work is done by them directly or by subcontractor. They shall be responsible for all funds or property received by their for prosecution or completion of a specific contract or for a specific purpose.
(Ord. 2950, Sec. 6-1.301; Ord. 5055-21; Ord. 5125-23; Ord. 5178-25)
6-120 Same; license required.
(Ord. 3468, Sec. 1; Ord. 5055-21; Ord. 5125-23; Ord. 5178-25)
6-121 Same; licensing renewal.
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 January. Any contractor failing to renew their license by the prescribed date shall be required to be re-examined and approved by the Board. Fees shall not be prorated because part of the year has elapsed.
(Ord. 3679, Sec. 8; Ord. 5055-21; Ord. 5125-23; Ord. 5178-25)
6-122 Same; Class A license.
A Class A Contractor’s license shall entitle the holder to construct, and to perform any act as a contractor as defined in section 6-118 of this Article, for the building, remodeling or repairing of any structure or addition thereto that is permitted by the title. The annual fee shall be $200.
(Ord. 3794, Sec. 5; Ord. 4931-16; Ord. 5055-21; Ord. 5125-23; Ord. 5178-25)
6-123 Same; Class B license.
A Class B contractor’s license shall entitle the holder to contract for or to perform any act as a contractor as defined in section 6-118 of this Article, 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 $150.
(Ord. 3877, Sec. 1; Ord. 4931-16; Ord. 5055-21; Ord. 5125-23; Ord. 5178-25)
6-124 Same; Class C license.
A Class C Contractor’s license shall entitle the holder to contract for or to perform any act as a contractor as defined in section 6-118 of this Article, but which is limited to construction, remodeling, repair or improvement of one, two or three family residences not exceeding two stories in height and non-structural commercial remodeling. The annual license fee shall be $125.
(Ord. 3877, Sec. 2; Ord. 4931-16; Ord. 5055-21; Ord. 5125-23; Ord. 5178-25)
6-125 Same; Class D license.
A Class D contractor’s License shall entitle the holder to contract for or to perform any act as a contractor as defined in section 6-118 of this Article, but which is limited to remodeling and repairs on one to four family residences including but not limited to reroofing, residing, foundation repair and interior partitions. The annual license fee shall be $125.
(Ord. 3877, Sec. 3; Ord. 4931-16; Ord. 5055-21; Ord. 5125-23; Ord. 5178-25)
6-126 Wrecking contractor’s license.
A wrecking contractor’s license shall entitle the holder to contract for or to wreck any building and to deal in second-hand building material. All wrecking shall be done by licensed contractors, except:
The annual license fee shall be $30.
(Ord. 3794, Sec. 9; Ord. 5055-21; Ord. 5125-23; Ord. 5178-25)
6-126a Insurance required.
Each applicant for and holder of any contractor’s license as provided under this Article shall submit and at all times maintain current certificate or certificates of insurance, each with a clause providing for notice to the city clerk not less than ten (10) days prior to any cancellation thereof, which such proof of insurance must be submitted to and approved by the city clerk as to the following required insurance coverage, to wit:
Failure to maintain current proof of such insurance shall be cause for the revocation of such license.
(Ord. 3999, Sec. 1; Ord. 5055-21; Ord. 5125-23; Ord. 5178-25)
6-127 Reserved.
(Code 2014; Ord. 5055-21; Ord. 5125-23; Ord. 5178-25)
6-128 Examination for contractors.
(Ord. 3921, Sec. 1; Ord. 5055-21; Ord. 5125-23; Ord. 5178-25)
6-129 License approval and issuance.
Upon filing the formal application as required in section 6-128 of this Article, filing the indemnity bond required in section 6-126a(b), and payment of appropriate fee for the class of license requested, the city clerk shall thereupon issue such contractor’s license.
(Ord. 3679, Sec. 13; Ord. 5055-21; Ord. 5125-23; Ord. 5178-25)
6-130 Revocation of license.
The Building Official may revoke or suspend the license of a contractor upon their own motion or upon verified complaint in writing from any person. The Building Official shall serve a five-day written notice mailed to the contractor’s last known address and require said contractor to appear before the Board of Appeals and Variances. The Board shall have the power to temporarily suspend or permanently revoke the contractor’s license if the Board finds that the contractor has committed any of the following acts or omissions:
(Ord. 3468, Sec. 4; Ord. 5055-21; Ord. 5125-23; Ord. 5178-25)
6-131 Reserved.
(Code 2014; Ord. 5055-21; Ord. 5125-23; Ord. 5178-25)
6-132 Exemptions.
Sections 6-119 through 130 shall not apply to the following:
(Ord. 3877, Sec. 5: Ord. 5055-21; Ord. 5125-23; Ord. 5178-25)