Board means, for purposes of Chapter IV of the Code, the Board of Construction, Trades, and Appeals.

Building Code means Chapter IV of the Code, including all codes and regulations incorporated therein by reference and all rules and regulations promulgated by the Building Official thereunder.

UBTC means the Wichita/Sedgwick County Unified Building & Trade Code, as incorporated in this Chapter IV of the Code.

(Ord. 1777-21)

There shall be in the City a Board of Construction, Trades, and Appeals consisting of five (5) members. Subject to qualifications set forth herein, members of the Board shall be appointed by the Mayor with the approval of the Governing Body. The Building Official shall be an ex officio member and is required to attend all meetings of the Board, but shall not have a vote on any decision by the Board.

(Ord. 1777-21)

The Mayor shall appoint the members to the Board at the first regular meeting in May and each member shall serve a term of one (1) year.

(Ord. 1777-21)

(a)   The Board shall consist of the following: One (1) member shall be a certified master or journeyman plumber and/or gas fitter; one (1) member shall be a licensed, certified master or journeyman electrician; one (1) member shall be a licensed, certified mechanical master or journeyman; one (1) member shall be a licensed building contractor; and one (1) member shall be from the public at large. Notwithstanding such qualifications, any member of the Governing Body may serve as a member of the Board.

(b)   Each member of the Board must have significant ties and contacts with the City community. Residence within the City limits is not a requirement of Board membership.

(c)   The Board shall elect a Chairman, Vice-Chairman and Secretary annually, at a meeting so designated by the Board, each to serve for one (1) year terms.

(d)   Meetings of the Board shall be held at the call of the Chairman, upon an appeal pursuant to the Building Code, or upon the request of a majority of the members of the Board. Notice of any special meeting shall be delivered in writing no less than seventy-two (72) hours prior to the time and date of any such special meeting to all members of the Board, including ex officio members, and other interested parties who shall have filed requests for notice in accordance with the Kansas Open Meetings Act.

(e)   No binding action may be taken by the Board with the exception of recess and adjournment, without the attendance of a quorum of the members of the Board. Three (3) voting members of the Board shall constitute a quorum.

(f)   The Board shall keep minutes of the proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact. The minutes shall be public record and shall be filed in the office of the Building Official.

(Ord. 1777-21)

Members of the Board shall serve without compensation.

(Ord. 1777-21)

The Board shall have no authority relative to interpretation of administrative provisions of the Building Code nor shall the Board be empowered to waive requirements of the Building Code. The Board is given the responsibility of considering new methods and materials which are different that those specified in the Building Code.  It is empowered to render reasonable interpretations of the Building Code. The Board shall hear appeals as set forth in Section 4-803 of the Building Code. The Board may from time to time make recommendations to the Governing Body concerning matters pertaining to the supervised trades, including, but not limited to, revisions to the Building Code.

(Ord. 1777-21)

(a)   Office. There is hereby created the office of Building Official. The Building Official shall be the Director of Public Works, as appointed by the Mayor, with the consent of the City Council, and may be removed, all as provided in Chapter I, Article 4 of the Code.

(b)   Powers; Duties. The Building Official shall have the following powers and duties:

(1)   to promulgate rules and regulations related to the Building Code;

(2)   to enforce the Building Code and all laws relating to the construction, alteration, removal and demolition of buildings and structures;

(3)   to examine and inspect all buildings in the process of erection, construction, alteration or relocation in the City for the purpose of determining whether the work is in compliance with the Building Code;

(4)   to examine and inspect all buildings, structures, or premises for compliance and enforcement of the Building Code;

(5)   to examine applications for building permits and to inspect, or cause to be inspected, all construction to determine whether such construction is in accordance with the written application for the permit;

(6)   to keep comprehensive records of applications received, permits or certificates issues, of inspections made, or reports rendered, and of notices or orders issued; and

(7)   to take any other actions as directed by the Governing Body of the City or authorized by the Building Code.

(c)   The Building Official may delegate any powers or duties of the Building Official to any representative or agent of the Building Official or other officer, employee (including a designated City Inspector), or contractor of the City. Any reference in the Code to the Building Official shall include any such person to whom powers or duties have been delegated.

(Ord. 1777-21)

(a)   Whenever the Building Official has cause to believe that there exists therein any violation of the Building Code, the Building Official is authorized to enter such building, structure or premises at all reasonable times to inspect the same and to exercise any power or authority or to perform any duty imposed upon the Building Official under the Building Code.

(b)   The authority granted to the Building Official by subsection (a) of this section is subject to the following:

(1)   If the building, structure or premises is occupied, the Building Official shall first present proper credentials, explain the purpose for which admittance is desired and demand entry.

(2)   If such property is unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other person having charge or control of the property, present proper credentials, explain the purpose for which admittance is desired and demand entry.

(3)   If the Building Official is refused admission or cannot locate the owner or occupant, the Building Official shall refrain from entering until authorized to do so by proper judicial authority.

(c)   As a condition to the approval and continuance of any building permit or approval of the Building Official, whenever necessary to make an inspection of any building, structure or premises under construction to determine compliance with the Building Code or the terms of any permit, the Building Official is authorized to enter such building, structure or premises at all reasonable times to inspect the same and to exercise any power or authority or to perform any duty imposed upon the Building Official under the Building Code. The Building Official may revoke any permit or approval and/or issue an order to stop work pursuant to the Building Code for any building, structure or premises to which access is denied to the Building Official.

(Ord. 1777-21)

(a)   All permits required by the Building Code shall be issued by the Building Official. Application for permits shall be made on forms furnished by the City, duly executed and signed by a person properly authorized to obtain permits for the applicant, which application may be presented in person or by mail, accompanied by the required fee. All fees for permits required by the UBTC shall be as set forth in the UBTC.

(b)   No permit for the erection, alteration or enlargement of any building shall be issued unless there is first filed in the office of the Building Official by the applicant therefor a plat, in duplicate, showing the location and dimensions and location on the lot of the buildings to be erected, altered or enlarged, together with a true statement in writing, signed by the applicant, showing the use for which such building is arranged, intended, designed and furnished and such other information as the Building Official may require. Any failure to comply with the provisions of the Building Code or the Zoning Regulations of the City shall be good cause for the revocation of such permit. A record of such applications and plats shall be kept in the office of the Building Official and shall be subject to inspection by the public at reasonable hours.

(Ord. 1777-21)