CHAPTER IV. BUILDINGS AND CONSTRUCTIONCHAPTER IV. BUILDINGS AND CONSTRUCTION\ARTICLE 2. BUILDING CODE

As used in this article, the words and phrases herein defined shall have the following meanings unless the context otherwise requires:

(a)   Whenever the word municipality is used in the building code, it shall be held to mean the City of Oswego, Kansas;

(b)   Whenever the term corporation counsel is used in the building code, it shall be held to mean the city attorney of the City of Oswego.

(c)   Whenever the term building official is used in the building code, it shall be held to mean the mayor or his or her authorized designee.

(Code 1994)

There is hereby adopted and incorporated by reference, for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, the International Building Code, 2000 Edition, as recommended by the International Conference of Building Officials, such code being made as a part of the ordinances and code of the city as if the same had been set out in full herein, all as authorized and in the manner prescribed by K.S.A. 12-3009 through 12-3012 including any amendments thereto.  No fewer than three copies of the International Building Code, 2000 Edition, shall be marked or stamped “Official Copy as Incorporated by the Code of the City of Oswego,” and shall be filed with the city clerk to be open to inspection and available to the public at all reasonable hours of business.

Any person violating any provision of such code shall be punished as provided in section 1-116 of this code.

(Code 2013)

The following sections of this article are in addition to the provisions of the standard code incorporated by reference in section 4-202.

(Code 1994)

It shall be unlawful for any person to hereafter erect or cause to be erected within the city any building or structure of any kind or enlarge or add to the outside dimension thereof, or relocate any building or structure already erected or which may hereafter be erected or remodel any building or structure within the city without a building permit being first obtained therefor from the city clerk, after approval by the chief building official or his or her duly authorized assistant.  The application for such permit shall be made and the permit obtained before work is commenced upon any building or structure or the foundation thereof, or before the removal of any building begins.

(Ord. 909, Sec. 1; Code 1994)

The fees for building permits shall be set by resolution of the city council.  A certified copy of the resolution setting the current fees shall be maintained in the office of the city clerk.  The clerk, or the clerk’s designee, shall provide a copy of such resolution to any person requiring or requesting fee information.

(Ord. 909, Sec. 2)

Nothing herein contained shall prohibit any property owner from personally performing any building or construction work within and upon his or her own residence and intended for his or her personal use and permanent occupancy; provided, the owner shall satisfy the building inspector as to his or her ability to perform such work, secure a permit, pay required fees, do work in accordance with this article, and apply for an inspection and receive a certificate of approval.  Personal building or construction performed by an owner under this section shall be by himself, herself, for himself or herself on his or her own residence, without compensation and no person shall be employed to assist him or her in any way on such work except a builder or building contractor licensed by the city.

(Code 1994)

This article shall not be construed to relieve from any liability or lessen the liability of any person performing any activity connected herewith, nor shall the city be held as assuming any liability by reason of any inspection authorized herein, by reason of any certificate of inspection issued by it or by reason of any permit or license granted herein.

(Code 1994)

If any section of the Uniform Building Code or of this article shall be held unconstitutional or otherwise invalid by any court of competent jurisdiction, then such section shall be considered separate and apart from the remaining sections, the section to be completely severable from the remaining provisions which shall continue in full force and effect.

(Code 1994)