The International Building Code, 2006 Addition, including all appendix chapters is hereby incorporated by reference herein and made a part of this Chapter and shall be Article 3 of the aforementioned Chapter of the Code of the City of Andover, Kansas, save, and except such portion as are hereinafter or may hereafter be deleted or amended, as authorized and in the manner prescribed by the provisions of K.S.A. 12-3010.

(Ord. 1387, Sec. 1)

(a)   Section 101.5 is hereby deleted in its entirety.

(b)   Section 103 is hereby deleted in its entirety.

(c)   Section 105.7 is hereby deleted in its entirety.

(d)   Section 109.3.5 is hereby deleted in its entirety.

(e)   Section 109.3.7 is hereby deleted in its entirety.

(f)   Section 305.2 is hereby deleted in its entirety.

(g)   Section 1011 is hereby deleted in its entirety.

(h)   Chapter 11 is hereby deleted in its entirety.

(i)    Section 1608.1 is hereby deleted in its entirety.

(Ord. 1387, Sec. 2)

Changes, additions, and deletions to sections of the International Building Code, 2006 Edition and the appendices thereto are adopted only as set forth hereinafter:

101.1.    Title.

These regulations shall be known as the Building Code of the City of Andover, hereinafter referred to as the “building code,” the “I.B.C.,” or “this code.” 

(a)   Section 101.4 is hereby amended by adding a new Section 101.4, which shall read as follows:

101.4.    Reference codes.

101.4.1. Electrical.

Whenever used in the Building Code, the term “ICC Electrical Code” shall be construed to mean the current City of Andover Electrical Code

101.4.2. Gas.

Whenever used in the Building Code, the term “International Fuel Gas Code” shall be construed to mean the current City of Andover Plumbing or Fuel Gas Code.

101.4.3. Mechanical.

Whenever used in the Building Code, the term “International Mechanical Code” shall be construed to mean the current City of Andover Mechanical Code.

101.4.4. Plumbing.

Whenever used in the Building Code, the term “International Plumbing Code” shall be construed to mean the current City of Andover Plumbing Code.

101.4.5. Residential building.

Whenever used in the Building Code, the term “International Existing Residential Building Code” shall be construed to mean the current City of Andover Residential Building or Existing Residential Building Codes currently adopted by the City of Andover.

101.4.6. Fire.

Whenever used in the Building Code, the term “International Fire Code” shall be construed to mean the current City of Andover Fire Code or Existing Fire Codes currently adopted by the City of Andover.

(b)   Section 104.6 Right of entry shall be amended to read as follows:

104.6.    Right of entry.

The Building Official shall have authority to enter upon premises at reasonable hours for the purpose of making such inspections.  Entry shall be made so as to cause the least possible inconvenience to any person in possession of the structure.  If entry is denied, the enforcing officer may seek an order for this purpose from a court of competent jurisdiction

(c)   Section 105 Permits is amended to include new sections 105.2.2 and 105.2.6 which shall read as follows:

105.2.    Work exempt from permit.  Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction.  Permits shall not be required for the following:

Building:

2.    Roof replacements except re-roofing during a disaster or major damage due to storm conditions.

6.    Sidewalks, driveways, decks or patios not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route.

(d)   Section 108.2 is amended to include new sections 108.2.1 and 108.6 which shall read as follows:

108.2.1 Fee Schedule.  The fees for building and construction work shall be indicated in Article 1 of this Chapter of the Code of the City of Andover.

108.6 Fee Refund.  The Building Official shall authorize the refunding of fees as follows:

(a)   The full amount of any fee paid hereunder which is erroneously paid or collected.

(b)   Not more than 90% of the permit fee paid when no work has been done under a permit issued in accordance with this code.

(c)   Not more than 90% of the plan review fees paid when an application for a permit for which a review fee was paid and is withdrawn or canceled.

Plans resubmitted shall be subject to the full plan review fee.  The Building Official shall not authorize the refund of any fees 180 days after the date a fee is received.

(e)   Section 112 Board of Appeals shall be amended to read as follows:

112 Board of Appeals.  In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this code, a Board of Appeals is hereby created in Chapter 4, Article 1 of the Code of the City of Andover.

(f)   Section 113.4 Violation penalties shall be amended to read as follows:

113.4     Violation penalties.  Persons who shall violate any provision of this code, or shall fail to comply with any of the requirements thereof, or who shall erect, install, alter or repair work in violation of the approved construction documents or directive of the Building Official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $500.00 (five hundred) dollars, or by imprisonment not exceeding 30 (thirty) days, or both such fine and imprisonment.  Each day a violation continues after due notice has been served shall be deemed a separate offense.

(g)   Section 1805.2.1 shall be amended to read as follows:

1805.2.1  Frost protection.  Except where otherwise protected from frost, foundation walls, piers and other permanent supports of buildings and structures shall be protected by one or more of the following methods:

(1)   Extending below the frost line of the locality;

(2)   Constructing in accordance with ASCE 32; or

(3)   Erecting on solid rock.

       Exception:  Freestanding buildings meeting all of the following conditions shall not be required to be protected:

(1)   Protection of freestanding accessory structures with an area of 400 square feet or less, of light framed construction, with eaves of 10 feet or less shall not be required.

       Footings shall not bear on frozen soil unless such frozen condition is of a permanent character.

(Ord. 1387, Sec. 2)