ORDINANCE NO BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

ORDINANCE NO. 9167 AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, AMENDING VARIOUS SECTIONS OF CHAPTER V, ARTICLE 1 OF THE CODE OF THE CITY OF LAWRENCE, 2015 EDITION, AND AMENDMENTS THERETO, PERTAINING TO BUILDING AND CONSTRUCTION, AND REPEALING THE SAME. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS: SECTION 1. Chapter V, Article 1, Section 5-107 is hereby amended to read as follows: 5-107 COMMERCIAL AND MULTI-FAMILY STRUCTURES. The provisions of the International Building Code, as adopted by the City at Article 2 of this Chapter, as amended, shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal, and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures. SECTION 2. Chapter V, Article 1, Section 5-108 is hereby amended to read as follows: 5-108 RESIDENTIAL ONE- AND TWO-FAMILY DWELLINGS. The provisions of the International Residential Code, as adopted by the City at Article 3 of this Chapter, as amended, shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal, and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures. SECTION 3. Chapter V, Article 1, Section 5-109 is hereby amended to read as follows: 5-109 ELECTRICAL. The provisions of the National Electrical Code, as adopted by the City at Article 4 of this Chapter, as amended, shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings, and appurtenances thereto. SECTION 4. Chapter V, Article 1, Section 5-110 is hereby amended to read as follows: 1

5-110 GAS. The provisions of the International Fuel Gas Code, as adopted by the City at Article 7 of this Chapter, as amended, shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this Article. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories. SECTION 5. Chapter V, Article 1, Section 5-111 is hereby amended to read as follows: 5-111 MECHANICAL. The provisions of the International Mechanical Code, as adopted by the City at Article 6 of this Chapter, as amended, shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, and/or appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators, and other energy-related systems. SECTION 6. Chapter V, Article 1, Section 5-112 is hereby amended to read as follows: 5-112 PLUMBING. The provisions of the International Plumbing Code, as adopted by the City at Article 5 of this Chapter, as amended, shall apply to the installation, alteration, repair, and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system, and to all aspects of a medical gas system. SECTION 7. Chapter V, Article 1, Section 5-113 is hereby amended to read as follows: 5-113 PROPERTY MAINTENANCE. The provisions of the International Property Maintenance Code, as adopted by the City at Chapter IX, Article 6 of the City Code, as amended, shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards; responsibilities of owners, operators and occupants; and occupancy of existing premises and structures. 2

SECTION 8. Chapter V, Article 1, Section 5-114 is hereby amended to read as follows: 5-114 FIRE PREVENTION. The provisions of the International Fire Code as adopted by the City at Chapter VIII, Article 2 of the City Code, as amended, shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression and alarm systems or fire hazards in the structure or on the premises from occupancy or operation. SECTION 9. Chapter V, Article 1, Section 5-115 is hereby amended to read as follows: 5-115 ENERGY. The provisions of the International Energy Conservation Code, as adopted by the City at Chapter 8 of this Article, as amended, shall apply to all matters governing the design and construction of buildings for energy efficiency. SECTION 10. Chapter V, Article 1, Section 5-120 is hereby amended to read as follows: 5-120 EXISTING STRUCTURES. The legal occupancy of any structure existing on the date of adoption of this Article shall be permitted to continue without change, except as is specifically covered in this Article, the International Property Maintenance Code as adopted by the City at Chapter IX, Article 6 of the City Code as amended, or the International Fire Code as adopted by the City at Chapter VIII, Article 2 of the City Code, as amended, or as is otherwise lawfully deemed necessary by the Building Official for the general safety and welfare of the occupants and the public. SECTION 11. Chapter V, Article 1, Section 5-121 is hereby amended to read as follows: 5-121 CREATION OF ENFORCEMENT AGENCY. BUILDING OFFICIAL. The Department of official in charge of the Building Safety Division of the Department of Planning and Development Services, his or her designee, or any person performing the duties of that position, is hereby created and the official in charge thereof shall, for the purposes of this Article, be known as the Building Official. SECTION 12. Chapter V, Article 1, Section 5-124 is hereby deleted in its entirety. 3

SECTION 13. Chapter V, Article 1, Section 5-127 is hereby amended to read as follows: 5-127 PRELIMINARY MEETING. When requested by the permit applicant or the Building Code Official, the Building Code Official shall meet with the permit applicant prior to the application for a construction permit to discuss plans for the proposed work or change of occupancy in order to establish the specific applicability of the provisions of the Article. Exception: The foregoing does not apply to repairs and Level 1 alterations, as defined in the International Existing Building Code, as adopted by the City at Article 9 of this Chapter, SECTION 14. Chapter V, Article 1, Section 5-128 is hereby amended to read as follows: 5-128 BUILDING EVALUATION. The Building Code Official is authorized to require an existing building to be investigated and evaluated by a registered design professional based on circumstances agreed upon at the preliminary meeting. The design professional shall notify the Building Code Official of any potential nonconformance with Chapter V, Article 9, Existing Building Code, and amendments thereto the International Existing Building Code, as adopted by the City Article 9 of this Chapter, SECTION 15. Chapter V, Article 1, Section 5-137 is hereby amended to read as follows: 5-137 MODIFICATIONS. Wherever there are practical difficulties involved in carrying out the provisions of this Article, the Building Official shall have the authority to grant modifications for individual cases, upon application of the owner or owner s representative, provided the Building Official shall first find that special individual reason makes the strict letter of this Article impractical and the modification is in compliance with the intent and purpose of this Article and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the department of Building Safety Division of the Department of Planning and Development Services. SECTION 16. Chapter V, Article 1, Section 5-148 is hereby amended to read as follows: 5-148 APPLICATION FOR PERMIT. To obtain a permit, the applicant shall first file an application therefore in writing on a form furnished by the department ofbuilding Safety Division of the Department of Planning and Development Services for that purpose. Such application shall: (A) (B) Identify and describe the work to be covered by the permit for which application is made. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work. 4

(C) (D) (E) (F) (G) Indicate the use and occupancy for which the proposed work is intended. Be accompanied by construction documents and other information as required in Section 5-156. State the valuation of the proposed work. Be signed by the applicant, or the applicant s authorized agent. Give such other data and information as required by the Building Official. SECTION 17. Chapter V, Article 1, Section 5-158 is hereby amended to read as follows: 5-158 FIRE PROTECTION SYSTEM SHOP DRAWINGS. Shop drawings for the fire protection system(s) shall be submitted to indicate conformance with this Article and the construction documents and shall be approved prior to the start of system installation. Shop drawings shall contain all information as required by the referenced installation standards in International Building Code Chapter 9, as adopted by the City at Chapter V, Article 2 of the City Code, SECTION 18. Chapter V, Article 1, Section 5-166 is hereby amended to read as follows: 5-166 DESIGN PROFESSIONAL IN RESPONSIBLE CHARGE. When it is required that documents be prepared by a registered design professional, the Building Official shall be authorized to require the owner to engage and designate on the building permit application a registered design professional who shall act as the registered design professional in responsible charge. If the circumstances require, the owner shall designate a substitute registered design professional in responsible charge who shall perform the duties required of the original registered design professional in responsible charge. The Building Official shall be notified in writing by the owner if the registered design professional in responsible charge is changed or is unable to continue to perform the duties. The registered design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building. Where structural observation is required by Section 1709 of the International Building Code, the statement of special inspections shall name the individual or firms who are to perform structural observation and describe the stages of construction at which structural observation is to occur (see also duties specified in Section 1704 of the International Building Code). 5

SECTION 19. Chapter V, Article 1, Section 5-172 is hereby amended to read as follows: 5-172 TEMPORARY POWER. The Building Official is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion has been issued. The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or power in the Chapter V, Article 4, International Electrical Code, as adopted by the City, and amendments thereto. SECTION 20. Chapter V, Article 1, Section 5-176 is hereby amended to read as follows: 5-176 SCHEDULE OF PERMIT FEES. On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority. (Ord.8583, Ord. 8916) Permit Fee Schedule: TOTAL VALUATION FEE $1 to $500 $23.50 $501 to $2,000 $23.50 for the first $500 plus $3.05 for each additional $100 or fraction thereof, to and including $2,000 $2,001 to $25,000 $69.25 for the first $2,000 plus $14.00 for each $25,000 $25,001 to $50,000 $391.25 for the first $25,000 plus $10.10 for each $50,000 $50,001 to $100,000 $643.75 for the first $50,000 plus $7.00 for each $100,000 $100,001 to $500,000 $993.75 for the first $100,000 plus $5.60 for each $500,000 $500,001 to $1,000,000 $3,233.75 for the first $500,000 plus $4.75 for each $1,000,000 $1,000,001 to $5,000,000 $5608.75 for the first $1,000,000 plus $3.15 for each $5,000,000 $5,000,001 to $15,000,000 $17,980.92 for the first $5,000,000 plus $1.54 for each $15,000,000 $15,000,001 and above $33,562.30 for the first $15,000,000 plus $1.02 for each additional $1,000 or fraction thereof 6

Other Inspections and Fees: Inspections outside of normal business hours (minimum charge - two hours) $47.00 per hour* Re-inspection fees when assessed by the building official under the provisions of Section 108.8 $47.00 per hour* Inspections for which no fee is specifically indicated (minimum charge - one-half hour) $47.00 per hour* Additional plan review required by changes, additions, or revisions to approved plans (minimum $47.00 per hour* charge - one-half hour) Permits for Residential Furnaces and Air Conditioners $65.00** Permits for Solar, Thermal, and Photovoltaic Systems (requiring no structural change to the building) $65.00** Demolition Permits $100.00 *Or the total hourly cost to the jurisdiction, whichever is greater. This cost shall include supervision, overhead, equipment, hourly wages, and fringe benefits of the employees involved. ** Per piece of equipment. SECTION 21. Chapter V, Article 1, Section 5-181 is hereby amended to read as follows: 5-181 RECORD OF FEES. The Building Safety Manager Official shall keep or cause to be kept an accurate account of fees collected and received under the provisions of this Section and record the name of the person on whose account the same was paid, the date and the amount thereof together with the location of the proposed construction or installation to which the fees relate. He/she shall deposit the amount of the fees collected with the City Treasurer. Department of Finance. SECTION 22. Chapter V, Article 1, Section 5-187 is hereby amended to read as follows: 5-187 PLUMBING, MECHANICAL, GAS AND ELECTRICAL SYSTEMS INSPECTION. Rough inspection of plumbing, mechanical, gas and electrical systems shall be made prior to covering or concealment, before fixtures or appliances are set or installed, and prior to framing inspection. Exception: Back-filling of ground-source heat pump loop systems tested in accordance with Section M2105 of the International Residential Code, as adopted by the City at Article 3 of this Chapter, as amended, prior to inspection shall be permitted. SECTION 23. Chapter V, Article 1, Section 5-190 is hereby amended to read as follows: 5-190 LATH AND GYPSUM BOARD INSPECTION. Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or gypsum board joints and fasteners are taped and finished. Exception 1: Gypsum board that is not part of a fire-resistance-rated assembly or a shear assembly. 7

Exception 2: Lath and gypsum board installed in structures constructed under the International Residential Code, as adopted by the City in Article 3 of this Chapter, SECTION 24. Chapter V, Article 1, Section 5-194 is hereby amended to read as follows: 5-194 OTHER INSPECTIONS. In addition to the inspections specified above, the Building Official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this Article and other laws that are enforced by the Building Safety Division of the Department of Planning and Development Services. SECTION 25. Chapter V, Article 1, Section 5-195 is hereby amended to read as follows: 5-195 SPECIAL INSPECTIONS. For special inspections, see International Building Code, Section 1704, as adopted by the City at Article of 2 of this Chapter, SECTION 26. Chapter V, Article 1, Section 5-1.200.1 is hereby amended to read as follows: 5-1.200.1 USE AND OCCUPANCIES OF BUILDINGS OR STRUCTURES WITH NONFLAMMABLE MEDICAL GAS SYSTEMS, INHALATION ANESTHETIC SYSTEMS AND VACUUM PIPING SYSTEMS. Certificates of occupancy shall not be issued for occupancies with nonflammable medical gas systems, inhalation anesthetic systems or vacuum piping systems regulated by the National Fire Protection Association Standard on Gas and Vacuum Systems (hereinafter NFPA 99C), incorporated by reference by the International Plumbing Code, 2012 Edition,as adopted by the City at Article 5 of this Chapter, as amended, until all verification and testing records required by NFPA 99C have been provided to the Building Official. Further, the responsible facility authority shall provide a statement in writing to the Building Official that he or she has reviewed all inspection and testing records required by NFPA 99C and that all inspection and testing have been successfully completed as required by NFPA 99C. SECTION 27. Chapter V, Article 1, Section 5-1.200.2 is hereby deleted in its entirety. SECTION 28. Chapter V, Article 1, Section 5-1.202 is hereby amended to read as follows: 5-1.202 CERTIFICATE ISSUED. After the Building Official inspects the building or structure and finds no violations of the provisions of this Article or other laws that are enforced by the Building Safety Division of the Department of Planning and Development Services, the Building Official shall issue a certificate of occupancy that contains the following: (A) (B) The building permit number. The address of the structure. 8

(C) (D) (E) (F) (G) The name and address of the owner. A description of that portion of the structure for which the certificate is issued. A statement that the described portion of the structure has been inspected for compliance with the requirements of this Article for the occupancy and division of occupancy and the use for which the proposed occupancy is classified. The name of the Building Official. The edition of the code under which the permit was issued. (H) The use and occupancy, in accordance with the provisions of Chapter 3 of the International Building Code, as adopted by the City of Lawrence by the City at Article 2 of this Chapter, (I) (J) (K) (L) The type of construction as defined in Chapter 6 of the International Building Code, as adopted by the City of Lawrence by the City at Article 2 of this Chapter, The design occupant load. If an automatic sprinkler system is provided, whether the sprinkler system is required. Any special stipulations and conditions of the building permit. SECTION 29. Chapter V, Article 1, Section 5-1.209 is hereby amended to read as follows: 5-1.209 APPLICATION FOR APPEAL. NOTICE OF APPEAL. A person shall have the right to appeal a decision of the Building Official to the board of appeals having jurisdiction over the appeal, as set forth in this Article. An application for appeal Notice of Appeal shall be based on a claim that the true intent of this Article or the rules legally adopted there hereunder have been incorrectly interpreted, the provisions of this Article do not fully apply, or an equally good or better form of construction is proposed. The application to the appropriate board of appeals Notice of Appeal shall contain the following: (A) (B) (C) A brief statement setting forth the legal interest of each of the appellants in the building and or involved in the notice and order. A brief statement, in ordinary and concise language, of that specific order or action protested, together with any material facts claimed to support the contentions of the appellants. Only those matters or issues specifically listed by the appellant shall be considered in the hearing of the appeal. A brief statement, in ordinary and concise language, of the relief sought and the reasons why it is claimed the protested order or action should be reversed, modified, or otherwise set aside. 9

(D) The signatures of all parties named as appellants and their official mailing addresses. SECTION 30. Chapter V, Article 1, Section 5-1.210 is hereby amended to read as follows: 5-1.210 ADMINISTRATION. The application Any Notice of Appeal shall be filed with the Building Safety Division of the Department of Planning and Development Services within 20 21 days after the notice and order was served. Notice shall at once be forwarded to the appropriate board for action. It shall be the responsibility of the applicant to notify other interested parties they would like present at the meeting. Failure of any person to file an appeal as set out in this Article shall constitute a waiver of the right to an administrative hearing and adjudication of the notice and order or to any portion thereof. SECTION 31. Chapter V, Article 1, Section 5-1.216 is hereby amended to read as follows: 5-1.216 OPEN HEARING. All hearings before a board created by this Article shall be open to the public. The appellant, the appellant s representative, the code official Building Official, and any person whose interests are affected by the appeal shall be given an opportunity to be heard. SECTION 32. Chapter V, Article 1, Section 5-1.226 is hereby amended to read as follows: 5-1.226 LIMITATION OF AUTHORITY. If it appears that the provisions of this Chapter do not definitively cover a method of construction, construction material, or other subject regulated by the International Building Code, as adopted by the City at Article 2 of this Chapter, as amended, the International Residential Code, as adopted by the City at Article 3 of this Chapter, as amended, the International Property Maintenance Code, as adopted by the City at Chapter IX, Article 6 of the City Code, as amended, or the Residential Rental Property Code, as adopted by the City at in Chapter VI, Article 13 of the City Code, as amended, the Building Code Board of Appeals may interpret the provisions of those adopted Codes in a manner consistent with the intent of the Codes and to prevent manifest injustice. SECTION 33. Chapter V, Article 1, Section 5-1.231 is hereby amended to read as follows: 5-1.231 MEMBERSHIP OF BOARD. The Mechanical Board of Appeals shall consist of five members who are qualified by experience and training to pass upon matters pertaining to mechanical design, construction and maintenance, and the public health aspects of mechanical systems. and Board members shall be either a City of Lawrence resident or a Douglas County resident who is an employee of, or owns, a business within the City of Lawrence. One member shall be neither employed in work regulated by the International Mechanical Code, as adopted and amended by the City, nor an employee of the City. Four (4) Three (3) members of the Board shall constitute a quorum for the transaction of business. The members of the Board shall serve for three (3) years unless sooner removed for cause. One (1) or more members' 10

term(s) shall expire each year. Each member is eligible to serve two (2) consecutive terms. SECTION 34. Chapter V, Article 1, Section 5-1.232 is hereby amended to read as follows: 5-1.232 ELECTRICAL CODE BOARD OF APPEALS. The Electrical Code Board of Appeals is established to function as an appeals board for those persons aggrieved by a decision concerning the National Electrical Code, as adopted by the City at Article 4 of this Chapter, SECTION 35. Chapter V, Article 1, Section 5-1.246 is hereby amended to read as follows: 5-1.246 RESTORATION. The structure or equipment determined to be unsafe by the Building Official is permitted to be restored to a safe condition. To the extent that repairs, alterations, or additions are made or a change of occupancy occurs during the restoration of the structure, such repairs, alterations, additions or change of occupancy shall comply with the requirements of Section 5-146 and Chapter 34 of the International Existing Building Code, as adopted by the City at Article 9 of this Chapter, SECTION 36. Chapter V, Article 1, Section 5-1.247 is hereby amended to read as follows: 5-1.247 IMMINENT DANGER. When, in the opinion of the code official Building Official or Code Official, there is imminent danger of failure or collapse of a building that endangers life, or when any building or part of a building has fallen and life is endangered by the occupation of the building, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors, or the presence of toxic fumes, gases, or materials, or operation of defective or dangerous equipment, the code official Building Official or Code Official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official Building Official or Code Official shall cause to be posted at each entrance to such structure a notice reading as follows: This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official. It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition, or of demolishing the same. SECTION 37. Chapter V, Article 1, Section 5-1.248 is hereby amended to read as follows: 5-1.248 TEMPORARY SAFEGUARDS. Notwithstanding other provisions of this Article, whenever, in the opinion of the code official Building Official or Code Official there is imminent danger due to an unsafe condition, the code official Building Official or C ode O fficial shall order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the code official Building Official or Code Official deems necessary to meet such emergency. 11

SECTION 38. Chapter V, Article 1, Section 5-1.250 is hereby amended to read as follows: 5-1.250 EMERGENCY REPAIRS. For the purposes of this section, the code official Building Official or Code Official shall employ the necessary labor and materials to perform the required work as expeditiously as possible. SECTION 39. The Code of the City of Lawrence, Kansas, 2015 Edition, and amendments thereto, is hereby amended by adding Chapter V, Article 1, Section 5-1.253, which shall read as follows: 5-1.253 CONSTRUCTION SITE MAINTENANCE. (A) Unless otherwise approved by the Building Official, any person who owns, controls, or is in possession of a construction site or building under construction shall: (1) Provide a mobile or stationary receptacle at construction sites and buildings under construction, which shall be of sufficient size and dimensions to adequately contain all litter, garbage, debris and/or waste material as may be found at the construction site or building under construction. (2) Place all litter, garbage, debris and/or waste material within said receptacle or receptacle. (3) Place and maintain all construction materials within the confines of the lot lines of the construction site or building under construction. (B) No person who owns, controls, or is in possession of a construction site or building under construction shall: (1) Leave or bury, or permit the leaving or burying of litter, garbage, debris, or waste material at any construction site or building under construction. (2) Allow windborne or other transfer of litter, garbage, debris or waste material from a construction site onto other neighboring or adjacent properties or areas. SECTION 40. Existing Sections 5-107, 5-108, 5-109, 5-110, 5-111, 5-112, 5-113, 5-114, 5-115, 5-120, 5-121, 5-124, 5-127, 5-128, 5-137, 5-148, 5-158, 5-166, 5-172, 5-176, 5-181. 5-187, 5-190, 5-194, 5-195, 5-1.200.1, 5-1.200.2, 5-1.202, 5-1.209. 5-1.210, 5-1.216, 5-1.226, 5-1.231, 5-1.232, 5-1.246, 5-1.247, 5-1.248, and 5-1.250 of the Code of the City of Lawrence, Kansas, 2015 Edition, and amendments thereto, are hereby repealed, it being the intent of the Governing Body that the provisions of this Ordinance supersede them. 12

SECTION 41. If any section, sentence, clause, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance. SECTION 42. After passage and publication as provided by law, this ordinance shall be in full force and effect commencing July 1, 2016. PASSED by the Governing Body of the City of Lawrence, Kansas, this day of February, 2016. APPROVED: ATTEST: Mike Amyx Mayor Brandon McGuire Acting City Clerk APPROVED AS TO FORM: Toni R. Wheeler City Attorney ***** NOTICE TO PUBLISHER Publish once and return one Proof of Publication to the City Clerk and one to the City Attorney. 13