There is hereby incorporated by reference for the purpose for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures within the corporate limits of the City of Kechi, Kansas; providing for the issuance of permits and collection of fees therefore;  the “International Property Maintenance Code”,  2006 Edition, as published by the International Code Council.  No fewer than three copies of said International Property Maintenance Code shall be marked or stamped “Official Copy as adopted by Ordinance No. 1637-10,” and to which shall be attached a copy of this ordinance, and filed with the City Clerk to be open to inspection and available to the public at all reasonable hours.  The Building Inspector and all administrative departments of the City charged with enforcement of the ordinance shall be supplied, at the cost of the City, such number of official copies of such International Property Maintenance Code as may be deemed expedient.

(Ord. 1637-10, Sec. 1)

The following sections of the International Property Maintenance Code are hereby modified as follows:

Section 101.1. Title. These regulations shall be known as the International Property Maintenance Code of the City of Kechi, Kansas and shall be cited as such and will be referred to herein as the International Property Maintenance Code.

Section 102.3. Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the International Building Code, International Residential Code, International Fuel Gas Code, International Mechanical Code, Uniform Plumbing Code, National Electric Code, International Fire Code, or other currently adopted code.

Section 103.5. Fees. Any fees or costs associated with the activities and services performed by the department in carrying out its responsibilities under this code shall be determined by the current fee Resolution adopted by the City of Kechi.

Section 104.2. Rule-making Authority. The City Council shall have authority as necessary in the interest of public health, safety, and general welfare to adopt and promulgate rules.  The Building Official shall develop procedures and shall interpret and implement the provisions of this code; to secure the intent thereof; and to designate requirements applicable because of local climatic or other conditions.  Such rules shall not have the effect of waiving structural or fire performance requirements specifically provided for in this code, or of violating accepted engineering methods involving public safety.

Section 106.3. Prosecution of violation.

1.     Whenever the authority having jurisdiction determines that there are violations of this Code, a written notice shall be issued to confirm such findings.

2.     Any order or notice issued pursuant to this Code shall be served upon the owner, operator, occupant, or other person responsible for the condition or violation, either by personal service or mail or by delivering the same to, and leaving it with some person of responsibility upon the premises.

3.     For unattended or abandoned locations, a copy of such order or notice shall be posted on the premises in a conspicuous place at or near the entrance to such premises and the order or notice shall be mailed by registered or certified mail, with return receipt requested, to the last known address of the owner, occupant, or both.

Section 106.4. Violations penalties.

1.     Any person who fails to comply with the provisions of this Code or who fails to carry out an order made pursuant to this Code or violates any condition attached to a permit, approval, or certificate shall be subject to the penalties established by this jurisdiction.

2.     Failure to comply with the time limits of an abatement notice or other corrective notice issued by the authority having jurisdiction shall result in each day that such violation continues being regarded as a new and separate offense.

3.     Any person, firm, or corporation who shall willfully violate any of the applicable provisions of this article shall be guilty of a Class C misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $500.00 (five hundred dollars) and/or incarceration in the county jail, for not more than 30 days for each day of continuing violation.

Section 111.7. Any person aggrieved by a decision by the Board, may appeal such decision to the Sedgwick County District Court not later than 30 days of the recording of the board’s decision.

Section 201.3. Terms defined in other codes. Where terms are not defined in this code and are defined in the International Building Code, International Fire Code or currently adopted code, International Residential Code, International Fuel Gas Code, Uniform Plumbing Code, International Mechanical Code, National Electric Code or currently adopted code, such terms shall have the meanings ascribed to them as stated in those codes.

Section 202. General Definitions.

CODE OFFICIAL. The official who is charged with the administration and enforcement of this code shall be the Building Official or any duly authorized representative of the City of Kechi.

Section 302.4. Weeds. Ordinance 1627-09, Tall Grass and Weeds, governs the enforcement of tall grass and weeds, except for Weeds and Obnoxious Vegetation, which is governed by Chapter 8 of the City Code.

Section 302.8. Motor Vehicles.  Chapter 8 of the City Code, Inoperable Vehicles, shall regulate inoperable or unlicensed motor vehicles. 

Section 303.2 Enclosures.  Permanent-type private swimming pools, hot tubs and spas, containing water more than 24 inches in depth shall be completely surrounded by a fence or barrier at least 48 inches in height above the finished ground level measured on the side of the barrier away from the pool.  Gates and doors in such barriers shall be self-closing and self-latching.  Where the self-latching device is less than 54 inches above the bottom of the gate, the release mechanism shall be located on the pool side of the gate.  Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 inches from the gatepost.  No existing pool enclosure shall be removed, replaced, or changed in a manner that reduces its effectiveness as a safety barrier.  Exception:  Spas or hot tubs with a safety cover that complies with ASTM F 1346 shall be exempt from the provisions of this section.

Section 304.5. Foundation Walls.  All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents, other pests, and water.

Section 304.14. Insect Screens.   During the period from April 1 to October 31, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 23 mm); and every screen door used for insect control shall have a self-closing device in good working condition.

Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.

Section 403.2. Bathrooms and toilet rooms. Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces as required by Section 403.1, except that a window shall not be required in such spaces equipped with a mechanical ventilation system. Air exhausted by a mechanical ventilation system from a bathroom or toilet room shall discharge to the outdoors and shall not be recirculated.

        Exceptions:

        In R-3 type occupancies, the exhaust air from bathrooms and toilet rooms may be allowed to terminate in a properly ventilated attic space. The exhaust shall terminate above the top of insulation with a “goose-neck” installed to prevent infiltration of insulating material into the duct.

Section 602.3. Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from September 1 to May 31 to maintain a temperature of not less than 68°F (20°C) in all habitable rooms, bathrooms, and toilet rooms.

        Exceptions:

1.     When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity.

2.     In areas where the average monthly temperature is above 30°F (-1°C) a minimum temperature of 65°F (18°C) shall be maintained.

Section 602.4. Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the period from September 1 to May 31 to maintain a temperature of not less than 65°F (18°C) during the period the spaces are occupied.

        Exceptions:

1.     Processing, storage and operation areas that require cooling or special temperature conditions.

2.     Areas in which persons are primarily engaged in vigorous physical activities.

Section 604.2. Services. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the currently adopted electric code.  Dwelling units shall be served with a three-wire, 120/240 volt single-phase electrical service having a rating of not less than 60 amperes.

(Ord. 1637-10, Sec. 2)

The provisions of this article shall control if it is determined that any other city ordinance or code provisions are found to be in conflict with this article’s provisions. 

(Ord. 1637-10, Sec. 3)

If any section, subsection, sentence, clause or phrase of this article is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this article. The Kechi City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.

(Ord. 1637-10, Sec. 4)

Nothing in this article or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 4-1302 of this article; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this article.

(Ord. 1637-10, Sec. 5)