ORDINANCE NO. 891

FIRST PUBLISHED Oct. 1, 2010

AN ORDINANCE AMENDING ARTICLE ONE OF CHAPTER IV OF THE CITY CODE OF THE CITY OF EDGERTON, KANSAS AND AMENDING AND REPEALING THE EXISTING SECTIONS 4-101, 4-102, ARTICLES TWO, THREE, AND SIX OF THE CITY CODE OF THE CITY OF EDGERTON, KANSAS, AND REPEALING ORDINANCE NOS. 732, 760, 734, 733, AND 736.

WHEREAS, § 4-101, 4-102, 4-201, 4-301, and 4-601 of Chapter IV of the City Code of the City of Edgerton, Kansas adopts the 2000 Editions of the International Building Codes; and

WHEREAS, the City desires to update its building standards by adopting the 2006 Editions of the International Building Code, International Residential Code, International Fuel Gas Code, International Plumbing Code, International Mechanical Code, International Existing Building Code, 2005 National Electric Code, and International Fire Code.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF EDGERTON, KANSAS:

SECTION ONE:  Existing Section 4-101 of the Code of the City of Edgerton, Kansas is hereby amended to read as follows:

4-101.  ADOPTION OF INTERNATIONAL BUILDING, RESIDENTIAL, FUEL GAS, PLUMBING, MECHANICAL, EXISTING BUILDING, NATIONAL ELECTRIC, AND INTERNATIONAL FIRE CODES.  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 Fuel Gas Code, 2006 Edition, International Plumbing Code, 2006 Edition, and the International Mechanical Code, 2006 Edition, the International Existing Building Code, 2006 Edition, the National Electric Code, 2005 Edition, and the International Fire 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 Edgerton,” and shall be filed with the City Clerk to be open to inspection and available to the public at all reasonable hours of business.

SECTION TWO:  Existing Section 4-102 of the Code of the City of Edgerton, Kansas is hereby amended to read as follows:

4-102.  ADDITIONAL AND REVISED PROVISIONS.  The following sections of this Article are in addition to, or are revisions of, the standard codes incorporated by reference in Section 4-101:

(a) Code of Regulations for Buildings and Construction, 2010 Edition. There is hereby adopted by reference the Johnson County Code of Regulations for Buildings and Construction, 2008 Edition, with such amendments described herein being approved by the City Council. Such Code shall be known as the “City of Edgerton Code of Regulations for Buildings and Construction, 2010 Edition,” and shall be considered part of the requirements of the City Code of the City of Edgerton, Kansas.

General Provisions:
(b) Jurisdictional references.  The following shall be amendments shall be made where referenced throughout the Code:

1. The term “county” shall be replaced with the term “city,” which shall mean the City of Edgerton, Kansas.

2. The term “Johnson County” shall be replaced with the term “City of Edgerton, Kansas,” which shall mean the City of Edgerton, Kansas.

3. The term “resolution” shall be replaced with the term “ordinance.”

4. The term “Board of County Commissioners” shall be replaced with “Governing Body.”

5. Article 1, Section One shall be amended to adopt Code as City of Edgerton Code of Regulations for Buildings and Construction, 2010 Edition.

6. Article 1, Section Three shall be amended to apply Code to all buildings and construction within the corporate limits of the City of Edgerton, Kansas.

Building Code:
(c) Article 2, Section 2(c) shall be amended as “the term misdemeanor, unless specifically defined or provided for herein, shall mean Class A violation,” and such amendment shall be made where referenced throughout the Code.

(d) Article 2, Section 2(d) shall be deleted.

(e) Article 2, Section 4(a)(1) shall replace “the water district” with “the applicable water utility provider.”

(f) Article 2, Section 4(a)(2) shall replace “the water district” with “the applicable water utility provider.”

(g) Article 2, Section 4(a)(3) shall replace “a legally created sewer district in the County” with “the City.”

(h) Article 2, Section 4(a)(3) shall replace “Johnson County Wastewater District” with “City of Edgerton,” and such amendment being made where referenced throughout the Code.

(i) Article 2, Section 4(a)(4) shall replace “Johnson County Public Works” with “the City,” and such amendment being made where referenced throughout the Code.

(j) Article 2, Section 4(a)(1) shall replace “the water district” with “the applicable water utility provider.”

(k) Article 2, Section 4(b) shall provide a Schedule of Permit Fees applicable to non-residential building permits and residential building permits.

(l) Article 2, Section 5(f) shall be approved by the Building Inspector “with the advice and consent of the Johnson County Fire District No. 1.”

Residential Code:
(m) Article 3, Section 2(d) shall be deleted.

(n) Article 2, Section 5(c) shall provide a Schedule of Permit Fees applicable to residential building permits.

Fire Code:
(o) Article 9, Section 2(a)(3) designates the Johnson County Fire District No. 1 Fire Chief or designee as Building Code Official in specific circumstances.

(p) Article 9, Section 2(j) deletes “licensed to do so by the Johnson County Contractors Licensing Program.”

(q) Article 9, Section 4(c) replaces “Emergency Communications Center” with “the City” for water distribution system failure notifications.

(r) Article 9, Section 5(c) replaces “County Manager” with “City Administrator,” and such amendment being made where referenced throughout the Code.

(s) Article 9, Section 5(c) adds the designation of a “qualified” member of a fire district, the Public Works Department, or other qualified City official to exercise power and perform the duties of fire prevention engineer.

(t) Article 9, Section 5(f) provides that Chapter 7 of the City Code contains regulations pertaining to explosives, fireworks, and blasting in addition to Chapter 33 of the International Fire Code.

Special Rules and Procedures:
(u) Article 11 shall be reserved for future special rules and procedures.

Blasting Regulations:
(v) Article 14, Section 1(b) replaces “City Hall” with the “Department of Planning, Development, and Codes.”

Reserved:
(w) Article 15 shall be reserved for future use.

(x) Article 16 shall be reserved for future use.

Administration:
(y) Article 19, Section 1 replaces “through the establishment of the Division of Code Enforcement and the designation of the Johnson County Fire Marshal” with “through the designated Building Officials and Fire Chief”.

(z) Article 19, Section 5 replaces the “Johnson County Zoning and Subdivision Regulations” with the “City of Edgerton Unified Development Code, including the zoning and subdivision regulations.”

Violations and Classification of Offenses:
(aa) Article 20, Section 3 shall state “Any person who violates any provision of or failing to comply with any mandatory requirements of this Code of Regulations for Buildings and Construction shall be punishable, upon conviction, by a fine of not more than $500 or by imprisonment not to exceed six months, or by both such fine and imprisonment. Each person is guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Code of Regulations is committed or permitted by any person.”

SECTION THREE:  This Ordinance is adopted under the authority of K.S.A. 12-3009 and K.S.A. 12-3010.

SECTION FOUR:  Any Code provisions of the Code of the City of Edgerton, Kansas, or any Ordinances that are in conflict therewith are hereby repealed in their entirety.

SECTION FIVE:  This Ordinance shall take effect and be in force from and after its adoption and publication as provided by law.

ADOPTED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF EDGERTON, KANSAS ON THE 23RD DAY OF AUGUST, 2010.

CITY OF EDGERTON, KANSAS

By:  Donald Roberts, Mayor
ATTEST:

David B. Dillner, City Clerk

APPROVED AS TO FORM:

Patrick G. Reavey, City Attorney