Article 1. General Regulations

17.1.1.     Permits required; exemptions.

Prior to any person, firm or corporation designing, constructing, erecting, remodeling, altering, demolishing, locating, relocating or removing any building or structure, or placing or installing service equipment within the City of Bel Aire, a permit to do such work shall be obtained from the City. Such permit shall be issued through the Department of City Inspection.

The Department of City Inspection is hereby authorized to adopt and maintain a list of building trade activities, in addition to those contained in the technical building trade codes, which are exempt from the permit requirements of this Chapter.

(Ord. 390)

17.1.2.     Permit exemption.

Exemption from any of the permit requirements of this Chapter, including the technical building trade codes shall not be deemed to grant authorization for any work to be done in violation of the provisions of this Chapter, including the technical building trade codes or any other laws or Codes of the City of Bel Aire, Kansas.

(Ord. 390)

17.1.3.     Permit application required.

To obtain a permit, the applicant shall first file an application in writing, on a form furnished by the Department of City Inspection for that purpose and pay all applicable fees as established by this Code and the resolutions of the City of Bel Aire, Kansas.

17.1.4.     Permit application.

To obtain a permit, the applicant shall first furnish to the Department of City Inspection all pertinent data on forms or as required by the enforcing authority prior to the issuance of the permit. When received by the Department of City Inspection, the permit application form shall indicate all contractors of record. An application form containing omissions, inaccuracies or false information shall be rejected by the Department of City Inspection. The application form may be resubmitted to the Department of City Inspection after corrections are made.

In those areas of the city having a high ground water table, which areas are not served by an approved water course or storm sewer for surface water disposal, building permit applications require a special approval by the building official. The application, in addition to providing the information required on the standard application form, shall indicate the lowest floor elevation of the proposed building, whether groundwater may be required to be pumped as a matter of waterproofing below-grade structure and, if so, the manner of water disposal. Topographic and groundwater elevations for reference purposes are shown on the most current Hydrogeologic Map of Sedgwick County, Kansas, prepared by the State Geological Survey of Kansas.

(Ord. 390)

17.1.5.     Plans and specifications required.

Unless otherwise specified, at least two (2) sets of plans, specifications engineering calculations, diagrams and other data shall be submitted with each application for a permit pursuant to the provisions of this Chapter and the technical building trade codes. One (1) set of approved plans and specifications, with computations, shall be retained by the Department of City Inspection. Except as exempted by the technical building trade codes or by the Department of City Inspection pursuant to this Chapter, all such data shall be prepared by or under the direct supervision of an engineer or architect as required by the State Statutes of Kansas. All said plans, specifications, and other data so furnished shall bear the engineer's or architect's seal.

Plans and specifications, when required by this Chapter, including the technical building trade codes, shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the location, nature and extent of work proposed and show in detail that it will conform to the provisions of the technical building trade codes and all relevant laws, codes, rules and regulations. The engineer and/or architect shall provide, where necessary, proof of plan and specification compliance with all lot and plat requirements including any applicable drainage plans. The engineer and/or architect shall also provide, where necessary, a list of all special inspections and tests that will be required to insure the integrity of the system's design.

(Ord. 390)

17.1.6.     Site address.

Approved numbers or addresses shall be provided for all new residential and commercial buildings.

Residential Buildings. Address shall be mounted or installed on the principal structure with numbers or letters, 3" minimum in height. Such numbers or letters shall be visible from the street or right-of-way which gives the property its address. Such numbers or letters shall be of contrasting color from the structure.

Commercial and Industrial Buildings. Address shall be mounted or installed on the principal structure with numbers or letters 6” minimum in height. Such numbers or letter shall be visible from the street or right-of-way which gives the property its address. Such number or letter shall be of a contrasting color from the structure.

17.1.7.     Permit “180 Day” limitation.

Every permit issued by the Department of City Inspection under the provisions of this Chapter, including the technical building trade codes shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within 180 days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any item after the work is commenced for a period of 180 days. Before such work can be recommenced, a new permit shall be first obtained to do so, and the fees therefor shall be one half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded one year. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee. Any permittee holding an un-expired permit may apply for an extension of the time within which work may commence under that permit when the permittee is unable to commence work within the time required by this section for good and satisfactory reasons. The Department of City Inspection may extend the time for action by the permittee for a period not exceeding 180 days on written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once.

In the event a contractor does not complete work for which a valid permit has been issued and such individual no longer holds a valid contract for the work, a second permit must be obtained by any subsequent contractor to complete the balance of the work. A fee shall be charged for the second permit that is ten percent of the original permit fee, but in no case less than the minimum fee for a building permit. Building permits are nontransferable.

(Ord. 390)

17.1.8.     Correction of errors.

The issuance of a permit based upon plans, specifications and other data shall not prevent the city inspector from thereafter requiring the correction of errors in said plans, specifications and other data, or from preventing operations being carried on thereunder when in violation of this Chapter, including the technical building trade codes adopted within this Chapter, and incorporated into the Code of this City, or of any other Chapters of this Code. Installation of systems shall be according to the approved plans. Any deviation from the approved plans shall first be submitted by the contractor of record to the enforcing authority for approval. The enforcing authority may stop in part or in whole, work within the scope of the permit until time the enforcing authority approves the change and the order to proceed is given. Installation of systems deviating from the approved plans shall be cause for the city inspector to immediately issue a stop work order for in part or in whole, work within the scope of the permit. The city inspector may require the removal of the physical deviation, the submittal of plans and specifications for or any other remedies necessary to comply with this Chapter, including the technical building trade codes. Subject to the satisfaction of the city inspector, the stop work order shall be rescinded and the order to proceed shall be given.

(Ord. 390)

17.1.9.     Permit suspension or revocation.

The city inspector may, in writing, suspend or revoke a permit issued under the provisions of this Chapter, including the technical building trade codes whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation or the provisions of this Chapter, including the technical building trade codes.

(Ord. 390)

17.1.10.     Permit fees; administrative penalty for failure to obtain permit.

The schedule of permit fees shall be those set forth in the approved schedule of fees as adopted by the Governing Body of the City of Bel Aire, Kansas. The city clerk, or designee, shall keep an accurate account of fees collected and received under the provisions of this Chapter 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 Treasury of the City of Bel Aire, Kansas. Whenever any work for which a permit is required by this Code has commenced without first obtaining said permit, an administrative penalty equal to the amount of the permit fee, as determined by the city clerk or city inspector, shall be collected in addition to the permit fee. Such administrative penalty shall be paid prior to issuance of any permit for construction upon these premises.

17.1.11.     Licenses.

All contractors and tradesmen shall provide proof to the City of both a current and valid Metropolitan Area Building and Construction Department [hereinafter “MABCD” or “Metropolitan Area Building and Construction Department”] Contractor’s License and a City of Bel Aire Contractor’s License prior to being issued a permit to design, construct, erect, remodel, alter, demolish, locate, relocate or remove any building or structure, or place or install service equipment within the City.

17.1.12.     Contractor’s duties.

Every licensed contractor shall be responsible for all work included in his or her contract, whether or not such work is done by him or her directly or by subcontractor. He or she shall be responsible for all funds or property received by him or her for prosecution or completion of a specific contract or for a specific purpose.

(Ord. 390)

17.1.13.     Liability insurance.

Every licensed contractor shall procure and maintain a policy of general liability insurance covering the activities of the contractor while engaged in contracting hereunder. Such insurance policy shall be written with an insurance company licensed to do business in the state and shall have minimum limits of coverage of three hundred thousand dollars per occurrence. In addition, every such contractor shall procure and maintain workers' compensation insurance as required by law and automobile liability insurance as required by law.

(Ord. 390)

17.1.14.     Evidence of insurance.

Every licensed contractor shall file with the Department of City Inspection certificates of insurance evidencing the insurance coverage specified herein. All such certificates shall indicate that the city shall be given at least thirty days advance written notice of any cancellation or material change in coverage of such insurance.

(Ord. 390)

17.1.15.     Failure to maintain insurance.

Failure of a contractor to either procure or maintain such insurance shall be a violation of the provisions of this ordinance and shall be grounds for an immediate stop work order to said contractor by the city inspector and ultimately an order by the city inspector to suspend or revoke a permit issued under the provisions of this Chapter, including the technical building trade codes.

(Ord. 390)

17.1.16.     Certificate of occupancy required.

Upon the completion of work pursuant to a permit issued in compliance with this ordinance, the person(s) or entity completing said work shall contact the city inspector for final inspection. After the city inspector inspects a building or other structure and finds no violations of the provisions of this Chapter, including the building trade codes or other laws of the City of Bel Aire, Kansas regulating building construction or use, the city inspector shall issue a provisional certificate of occupancy that shall contain the following:

The building permit number.

The address of the structure.

The name of the owner.

A description of work for which the certificate is issued.

A statement that the described portion of the structure has been inspected for compliance with the various ordinances of the City of Bel Aire, Kansas regulating building construction or use.

A statement that a certificate of occupancy and habitation may be issued upon inspection for compliance with the various Chapters of the Code of the City of Bel Aire, Kansas regulating building construction or use at the time application is made for city utilities in the name of the person(s) or entities desiring to occupy said building or other structure.

(Ord. 390)

17.1.17.     Inspection required.

Prior to occupancy of any building or other structure within the corporate limits of the City of Bel Aire, Kansas, the person(s) or entity desiring to occupy said building or other structure shall request inspection of said building or other structure and the issuance of a certificate of occupancy and habitation by the city inspector. After the city inspector inspects the building or other structure and finds no violations of the provisions of this Chapter, including the building trades codes or other laws of the City of Bel Aire, Kansas regulating building construction or use, the city inspector shall issue a certificate of occupancy and habitation that shall contain the following:

The building permit number.

The address of the structure.

The name of the owner.

A description of work for which the certificate is issued.

A statement that the described portion of the structure has been inspected for compliance with the various ordinances of the City of Bel Aire, Kansas regulating building construction or use.

A statement that the certificate of occupancy and habitation is subject to on-going compliance with the various laws of the City of Bel Aire, Kansas regulating building use and habitability.

(Ord. 390)

17.1.18.     Certificate of occupancy revocation.

Subsequent to the issuance of a certificate of occupancy and habitation for a specific building or other structure, the city inspector shall revoke said certificate of occupancy and habitation in writing if he or she determines that said building or other structure no longer complies with any of the provisions of the various laws of the City of Bel Aire, Kansas regulating the use and habitability of said building or other structure.

(Ord. 390)

17.1.19.     Notice of revocation.

Notice of said certificate of occupancy and habitation revocation shall be given to all owners and occupants of said building or other structure by immediately posting a copy of the written revocation of said certificate of occupancy and habitation on the front door of said building or other structure and mailing a copy of said written revocation to the person(s) or entity listed as receiving utility services at said building or other structure from the City of Bel Aire. Said written notice shall also contain the appeal provisions provided within this Chapter.

(Ord. 390)

17.1.20.     Unlawful acts.

It shall be unlawful for any person, firm, building permit holder, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any building, property or structure or cause or permit the same to be done in violation of the provisions of this Chapter, including the technical building trade codes. The list of prohibited acts set forth within this Chapter include, but are not limited to the following:

No person shall perform or cause to be performed any work that requires a permit without having first secured the appropriate permit.

No person shall, through negligence or indifference, knowingly create an unsafe condition and/or allow an unsafe condition to exist.

No person shall prohibit or otherwise interfere with the city inspector in his or her duties to inspect to insure compliance with the provisions of this Chapter, including the technical building trade codes.

No person, who is not a duly authorized and licensed contractor, shall perform any work that requires the services of a duly authorized and licensed contractor.

No person shall conduct, carry on, or engage in a contracting business without having first obtained a valid current contractor's license.

No person holding a current valid contractor's license shall employ any other person who does not hold a current valid license to perform any work requiring a license.

No person shall make connections from a source of electricity to a premises wiring system which is regulated by this ordinance and the technical building trade codes and for which a permit is required until approved by the city inspector.

No person shall make connections from any electrical source to a premises wiring system which has been disconnected or ordered to be disconnected by the city inspector or the use of which has been ordered to be disconnected until the city inspector authorized the re-connection and use of such system.

No person shall inhabit or otherwise occupy any building or other structure without a valid certificate of occupancy and habitation.

(Ord. 390)

17.1.21.     Violations and penalties.

Any person who shall violate the provision of any of the Codes, or amendments, as adopted by this Article, or shall fail to comply with any of the requirements thereof, or who shall act in violation of the approved plan or directive of an official, or of a permit or certificate issued under the provisions of this Chapter, shall be prosecuted, and such prosecution shall be within the Municipal Court of the City of Bel Aire, Kansas. Each day of violation shall be a separate violation. In lieu of prosecution, or as a term of penalty upon being sentenced, such person may be required to repair, remove, or correct any violation, or be directed to pay all costs associated with the City taking any such abatement action.

17.1.22.     Penalty clause not exclusive.

The imposition of the penalties herein prescribed shall not preclude the City, or its enforcement agent, from instituting an appropriate action to restrain, correct, or abate a violation of this Chapter, or any Code adopted herein, and specific authority for such is hereby granted to take any action or imposing any penalty allowed by State law, this code, or this Chapter.

17.1.23.     Assessment, funding and payment of costs.

The costs incurred by the City for any action undertaken by the enforcing officer pursuant to or incidental to this Chapter shall be reported in detail and in writing by said officer to the city clerk. The city clerk shall keep an account of such costs, as well as any and all costs of notices, service and/or mailing of notices, and publication of notices, required by this Chapter. The city clerk shall immediately cause the reporting and accounting required by this section to be entered in the appropriate city record and shall report the same to the governing body.

The city clerk shall, within ten (10) days of the receipt of the enforcing officer’s report of costs, give notice by restricted mail to the owner of the costs to be reported by subsection a of this section and such notice shall include a statement requiring payment of the costs to the city within thirty (30) days following receipt of the notice. Should the owner refuse to take delivery of the notice and return is made to the city indicating such refusal, the city clerk shall send to the owner, by first class mail, the notice previously sent and receipt by the owner shall be deemed to have occurred upon such mailing. The city clerk shall make and maintain records detailing the method and time of sending and receipt of such notice.

Should the cost remain unpaid after thirty (30) days of the receipt of the notice by the owner, the city clerk may sell any salvage from the removal and abatement process and apply the proceeds of such sale to pay said costs. Any proceeds received which exceed said costs shall be remitted to the owner within thirty (30) days of conclusion of the sale.

Should the proceeds of any sale be insufficient to cover said costs, or if there exists no salvage, the city clerk shall, at the time required by law for the certification of other city taxes, certify the unpaid portion of said costs in conformance with State law for extensions of the same on the city tax rolls against the property upon which the structure was located.

17.1.24.     Appeal.

In addition to the other provisions of this Chapter, including the technical building trade codes, any person(s) or entity adversely affected by any action, determination or interpretation of a city inspector pursuant to the provisions of this ordinance shall have the right to appeal such action, determination or interpretation within fourteen days of being informed by said city inspector, either orally or in writing, of said action, determination or interpretation.

(Ord. 390)

17.1.25.     Form of appeal.

The appeal must be in the form of a written request, setting forth the grounds for the appeal and all supporting documentation, and include the mailing address of the person(s) or entity making the appeal and a telephone number at which the appellee may be contacted between 8:00 a.m. and 5:00 p.m., all of which shall be filed with the City Clerk. The city clerk may provide a form for an appellant to complete and submit to gather any information necessary to fulfill the requirements of this section.

(Ord. 390)

17.1.26.     Appeal hearing.

The City Clerk shall schedule the appeal hearing to take place during the next ten days, before the City Manager. Written notice of the date of the hearing shall be given to the appellant by mailing the same to the address provided in the written request. The appeal shall be an informal administrative hearing at which the City Manager shall hear any oral testimony of which the appellee would like to submit, and receive any written or verbal information necessary from the enforcement officer. All information received shall be maintained for one year as documentation of such appeal.

(Ord. 390)

17.1.27.     Appeal finality.

The decision of the City Manager in the appeal shall be in writing, and such decision shall be final.

(Ord. 390)

17.1.28.     Liability.

Requirements of this Chapter shall not be construed as imposing on the City, its officers, agents, or employees, any liability or responsibility for any damages to any property or any injury to any person due to defective installation or any other reason.