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 Winchester, 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 Winchester;

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

(Code 1988)

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 Uniform Building Code, 1988 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. No fewer than three copies of the Uniform Building Code shall be marked or stamped “Official Copy as Incorporated by the Code of the City of Winchester,” 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 1-117 of this code.

(Code 1988)

The following sections of this article are in addition to the provisions of Articles 2 and 3.

(Code 1988)

(a)   The mayor shall act as chief building official and may assume the responsibilities of or with the consent and approval of the governing body appoint assistants as may be advisable for the issuance of building permits and the inspection of the building work. 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 permits, issuing of building permits and inspecting of buildings and building works.

(b)   The city clerk shall prepare such application, permit, inspection and record forms as may be required for the purposes of the article.

(Code 1988)

The mayor may assume the responsibilities of or appoint some qualified officer or employee of the city to be and perform the duties of building inspector as may be required, subject to the consent and approval of the governing body.

(Code 1988)

The building inspector shall have the following powers:

(a)   To 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 article;

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

(c)   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.

(Code 1988)

The building inspector, or his or her agent, upon proper identification, shall have authority to enter any building, structure or premises at any reasonable hour to perform his or her duties as set out in this article.

(Code 1988)

(a)   The governing body shall be the final determiner of the scope and meaning of all provisions of the building code which may be unclear, ambiguous, or requiring interpretation.

(b)   The building inspector shall have power to modify any of the provisions of the building code upon application in writing by the owner or lessee or his or her authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code. In approving modifications, the building inspector shall see that the spirit of the code is observed, public safety secured and substantial justice done. The particulars thereon shall be entered upon the records of the building inspector and a signed copy shall be furnished to the applicant.

(Code 1988)

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 or add to the outside dimension 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 a building permit being first obtained therefor from the city clerk, after approval by the chief building official or his or her duly authorized assistant. The application for such permit shall be made and the permit obtained before work is commenced upon any building or structure or the foundation thereof, or before the removal of any building begins.

(Code 1988)

(a)   A building permit shall be issued upon 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 location of the building or structure;

(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 to 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. If the application is made by the owner or his or her agent, it shall contain the name or names of the contractor or contractors doing the work described, or a building permit may be issued to the owner upon his or her application disclosing satisfactory evidence that the proposed work will be performed by the owner, himself or herself and not by a licensed contractor, and likewise subject to the final approval of the building inspector for work performed.

(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 six 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.

(Code 1988)

Whenever an application for a building permit is made, the chief building official may, if he or she finds it necessary to determine whether building work described in the application will comply with the laws pertaining to such work, require that the applicant file a written description or drawing of the proposed building as may be prepared for the purpose. If such drawing or description is insufficient for the purposes of determining whether a permit should be issued, the building official may require the applicant to file complete architectural and engineering plans and specifications of such building, or any part thereof, as may be necessary for the inspector to determine compliance with this article. The filing of such plans and specifications and the approval thereof in connection with an application for a permit shall not in any way affect the authority of the city to deny or issue a permit, or to inspect any building work for conformity with this article.

(Code 1988)

The fee for a building permit shall be $20.00 for the for the first $1,000.00 of total valuation and $1.00 for each additional $1,000.00 or fraction thereafter. The fees prescribed in this resolution shall be paid to the Zoning Administrator or the City Clerk upon obtaining the building permit which fee shall be full compensation thereof.

(Code 1988; Res. 1996-12)

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.

(Code 1988)

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.

(Code 1988)

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 1988)

(a)   All single-family, two-family, multifamily, commercial, industrial and institutional structures and mobile homes within the city limits of the City of Winchester shall be required to display the correct numerical addresses upon the faces of the structures or mobile homes. Such display shall meet the following requirements:

(1)   All addresses required to be displayed herein shall be represented by Arabic numerals, script or lettering describing the correct numerical address. The correct numerical address shall be, in the case of ambiguity, that address determined to be the correct numerical address by the zoning board.

(2)   The Arabic numerals, script or lettering describing the numerical address shall be at least four (4) inches in height and shall contrast in color with the background of the structure upon which they are placed.

(3)   The numerical address shall be clearly visible from the address street, and it shall be free from vegetation or other objects which may obstruct the view of same numerical address.

(4)   The numerical address shall be placed at least three (3) feet above and not more than ten (10) feet above ground level measured from a point directly below the numerals.

(5)   The numerical address shall be positioned in one of the following manners:

(A)  On the structure or mobile home so that it appears on the street side of the structure from which it is addressed and within 5 feet of the front door if structure or mobile home is less than 50 feet from the street; or

(B)  Mounted on a yard ornament or lamp located on the street side of the structure or mobile home and within 50 feet of the street.

(b)   All multifamily structures shall in addition to the numerical address upon the face of the structure be required to identify either by number or letter each individual dwelling unit contained within the structure.

Mobile homes shall be required to, when in a mobile home court, have the individual lot number or other lot designation placed upon the face of the mobile home, which lot number or other lot designation shall be clearly visible from the street or roadway which directly services the mobile home.

(c)   The fine for violation of this article shall be $1.00 per day until compliance.

(Ord. 96-4-217)