The code known as the International Residential Code, 2003 Edition, recommended by the International Code Council, Incorporated, is hereby incorporated by reference herein and made a part of this article, save and except such portions as are hereinafter or may hereafter be deleted or amended, as authorized and in the manner prescribed by the statutes of the State of Kansas.

(Ord. 1868, Sec. 1B; Code 2010)

The International Residential Code incorporated by reference in section 4-201 herein shall be amended as follows:

(a)   Section 703.2 of Chapter 7 shall be amended to read as follows:

       Water-resistive barrier. One layer of No. 15 asphalt felt, free from holes and breaks, complying with ASTM D 226 for Type I felt or other approved water-resistive barrier shall be applied over studs or sheathing of all exterior walls prior to window or door installation. Such felt or material shall be applied horizontally, with the upper layer lapped over the lower layer not less than 2 inches (51 mm). Where joints occur, felt shall be lapped not less than 6 inches (51 mm) material other than felt shall be installed as per manufacturer’s directions. The felt or other approved material shall be continuous to the top of walls and terminated at penetrations and building appendages in a manner to meet the requirements of the exterior wall envelope as described in Section R703.1.

Exception: Omission of the water-resistive barrier is permitted in the following situations:

(1)   In detached accessory buildings.

(2)   Under exterior wall finish materials as permitted in Table R703.4.

(3)   Under paperbacked stucco lath when the paper backing is an approved weather-resistive sheathing paper.

(b)   Table R703.4 of Chapter 7 of the International Residential Code, 2003, as adopted by the City of Augusta, shall be amended to read as follows:

       Change the Column heading “Sheathing Paper Required” to “Water-Resistive Barrier Required”. Remove all “No’s” to “Yes’s” under this column. Remove all references to “Note g” in the table. Remove “g” under the legend descriptions for this table.

(Ord. 1952; Code 2010)

The International Residential Code, 2003 Edition, shall have the following additions:

(a)   Section R108.2 Fee Schedule shall have the following addition at the end of the section, “See the International Building Code, Section 108.2.2.”

(b)   Section R112.1 General shall have the following addition at the end of the section, “See the International Building Code, Section 112.4.”

(c)   Section R113.4 Violation Penalties shall have the following addition at the end of the section, “See the International Building Code, Section 113.4.1.”

(d)   Chapter 44 FENCES. See Chapter 36 FENCES in the International Building Code, 2003 Edition.

(Ord. 1820; Code 2010)

The International Residential Code, 2003 Edition, incorporated by reference in Section 4-201 shall have the following deletions:

(a)   Section R105.2 Items #2 Fences and #5 Sidewalks and Driveways shall be deleted in its entirety.

(Ord. 1820; Code 2010)

That certain uniform code known as the “Dwelling Construction Under the Uniform Building Code, 1991 Edition,” recommended by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California 90601, is hereby incorporated by reference herein and made a part of this article, save and except such portions as are hereinafter or may hereafter be deleted or amended, as authorized and in the manner prescribed by the statutes of the State of Kansas.

(Ord. 1629; Code 2010)

None.

(Ord. 1629; Code 2010)

None.

(Ord. 1629; Code 2010)

None.

(Ord. 1629; Code 2010)

The guideline known as the “Guidelines for Manufactured Housing Installations, 1991 Edition, with Appendix A and B,” recommended by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California 90601, is hereby incorporated by reference herein and made a part of this article save and except such portions as are hereinafter or may hereafter be deleted or amended, as authorized and in the manner prescribed by the statutes of the State of Kansas.

(Ord. 1629; Code 2010)

The Guidelines for Manufactured Housing Installations, incorporated by reference in section 4-209 herein shall have the following sections deleted:

(a)   Section 305(c) INSPECTION RECORD CARD

(b)   Section 503(a) SKIRTING OR PERMANENT PERIMETER ENCLOSURES.

(Ord. 1692; Code 2010)

None.

(Ord. 1692; Code 2010)

The guidelines for manufactured housing installations, incorporated by reference in section 4-209 herein shall have the following additions:

Section 503(a) SKIRTING OR PERMANENT PERIMETER ENCLOSURES. Skirting or permanent perimeter enclosures shall read as follows: Skirting or permanent perimeter enclosures shall be installed when a permanent concrete foundation around the perimeter of the manufactured home is not provided. Skirting shall be of material suitable for exterior exposure and contact with the ground. Permanent perimeter enclosures shall be constructed of materials as required by the building code for regular foundation construction. Skirting shall be installed in accordance with the skirting manufacturer’s installation instructions. Skirting shall be adequately secured to assure stability, to minimize vibration and susceptibility to wind damage, and to compensate for possible frost heave. Skirting shall be installed not later than 30 days after the manufactured home is placed on the permanent foundation.

(Ord. 1692; Code 2010)

(a)   Certificates of Occupancy and Habitation

Certificates of Occupancy and Habitation shall be deemed issued and in effect for all existing buildings and structures within the corporate limits of the City of Augusta, Kansas. Subsequent to the passage of Ordinance No. 2143, Certificates of Occupancy and Habitation shall be deemed issued and in effect for all existing buildings and structures annexed into the corporate limits of the City of Augusta, Kansas.

No new building or structure shall be occupied or no change in the character or use of land or of a building shall occur, without a valid Certificate of Occupancy and Habitation issued by the City certifying that such building or use is in compliance with the provisions of this article and all other applicable city regulations, codes and ordinances, including structure location and foundation and pad elevations contained in any applicable PUD document or on the face of any applicable plat. A Certificate of Occupancy and Habitation shall contain the following:

(1)   The building permit number;

(2)   The address of the structure;

(3)   The name of the owner;

(4)   A statement that the Certificate of Occupancy and Habitation is subject to on-going compliance with the various ordinances of the City of Augusta, Kansas regulating building use and habitability.

A Certificate of Occupancy and Habitation may be withdrawn in writing by the City if a building, structure or use is found in noncompliance with the provisions of this article or any other applicable city regulation, code or ordinance.

Notice of the withdrawal of a Certificate of Occupancy and Habitation shall be given to all owners and occupants of said building or other structure by immediately posting a copy of the written withdrawal of said Certificate of Occupancy and Habitation on the front door of said building or other structure and mailing a copy of said written notice to the person(s) or entity listed as receiving utility services at said building or other structure from the City of Augusta. Said written notice shall also contain the appeal provisions provided within this section.

(b)   Appeal

A request for appeal of the withdrawal of a Certificate of Occupancy and Habitation may be made within five (5) days of the effective date of the Notice of Withdrawal.

The appeal must be in the form of a written request, setting forth the grounds for the appeal and the mailing address of the person(s) or entity making the appeal, which shall be filed with the City Clerk.

The City Clerk shall schedule the appeal hearing to take place before the City Council not more than thirty (30) days after receiving the written appeal request. Written notice of the appeal hearing shall be given to the appellant by mailing the same to the address provided in the written request.

Unless otherwise noted, the withdrawal of a Certificate of Occupancy and Habitation shall remain in effect during the pendency of the appeal.

The decision of the appeal made by the City Council shall be final and in writing.

(c)   Unlawful Acts

Except to construct, inspect, repair or demolish, it is unlawful for any person to enter, remain within or otherwise occupy any building or structure for which a Certificate of Occupancy and Habitation has not been issued or has been withdrawn. It is further unlawful for the parent, guardian or other person having the care and custody of a minor under the age of eighteen years to permit said minor to enter, remain within or otherwise occupy any building or structure for which a Certificate of Occupancy and Habitation has not been issued or has been withdrawn.

(d)   Penalty

Any person violating subsection (c), or causing, permitting or suffering the same to be done, is guilty of a misdemeanor and shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment of not more than six (6) months or both such fine and imprisonment. Each day that any such violation continues shall constitute a separate offense. Criminal prosecution shall be conducted within the City’s municipal court, with any person convicted of violating subsection (c) having the right to appeal any verdict from the City’s municipal court to the Butler County District Court, in accordance with relevant Kansas law.

(Ord. 2143; Code 2020)