Chapter 4 · Buildings and Construction

Article 1. Building Code

Sections 4-101 to 4-104 · 4 sections

4-101 International building code incorporated.

The code known as the International Building Code, 2003 Edition, with Appendix Chapters C, E, F, G, H and I, 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. 1A; Code 2010; Ord. 2053; Code 2020)

4-102 Deletions.

The International Building Code, incorporated by reference in 4-101 herein shall have the following sections deleted:

(a)Section 101.4.7 Energy.

(b)Section 105.2; Item 2; Fences.

(c)Section 105.2; Item 6; Sidewalks & Driveways.

(d)Section 105.7; Placement of Permit and Section

(e)109.3.5 Lath or gypsum board inspection shall be deleted in their entirety.

(f)Section 109.3.7; Energy Efficiency Inspections.

(Ord. 1820; Ord. 1868; Code 2010)

4-103 Amendments.

The International Building Code, Incorporated by reference in 4-101 herein shall have the following section amended:

(a)Section 101.4.1 shall be amended to read National Electrical Code, 1999 Edition.

(b)Designated Main Street Area. The designated Main Street area shall be encompassed by the following boundaries: on the north by the old railroad right of way; on the south by Second Avenue; on the west by the north-south alley between Walnut Street and State Street; and on the east by School Street.

(c)Permit For Work Within Main Street Area. Any application for a building permit for work within the designated Main Street area shall contain a detailed scope of work showing all proposed alterations and changes. Upon receipt of such an application, the Building Official shall submit the application to the Main Street Design Committee of the City for review.

(d)Review of Application. The Main Street Design Committee shall review the application to determine if the proposed work complies with the building code regulations which apply to the Main Street area. Within fifteen days of the receipt of said application, the committee shall submit to the Building Official a written summary of their review containing their proposed changes and alterations of the scope of work, if any. The scope of work within the application shall be amended by the applicant to comply with the written summary of the Main Street Design Committee.

(e)Issuance of Permit. The building permit may be issued only after the Building Official finds the scope of work complies with the recommendations of the Main Street Design Committee.

(f)Section 106.5 Retention of Construction Documents. Shall be amended to read: “One set of approved construction documents shall be retained by the code official until such construction receives its final inspection and an occupancy permit is issued. The construction documents shall be forwarded to the Fire Department or the owner of the building at the determination of the Fire Chief.”

(g)Designated Main Street Area. The designated Main Street area shall be encompassed by the following boundaries: on the north by the old railroad right of way; on the south by Second Avenue; on the west by the north-south alley between Walnut Street and State Street; and on the east by School Street.

(h)Permit For Work Within Main Street Area. Any application for a building permit for work within the designated Main Street area shall contain a detailed scope of work showing all proposed alterations and changes. Upon receipt of such an application, the Building Official shall submit the application to the Main Street Design Committee of the City for review.

(i)Review of Application. The Main Street Design Committee shall review the application to determine if the proposed work complies with the building code regulations which apply to the Main Street area. Within fifteen days of the receipt of said application, the committee shall submit to the Building Official a written summary of their review containing their proposed changes and alterations of the scope of work, if any. The scope of work within the application shall be amended by the applicant to comply with the written summary of the Main Street Design Committee.

(j)Issuance of Permit. The building permit may be issued only after the Building Official finds the scope of work complies with the recommendations of the Main Street Design Committee.

(Ord. 1868; Ord. 1928; Code 2010)

4-104 Additions.

The International Building Code, Incorporated by reference in Section 4-101 herein shall have the following additions:

(a)Section 102.7 LOCATION OF USED STRUCTURES PROHIBITED. No person, firm or corporation shall transport, ship, haul or move any used or previously occupied building, shed, duplex, residence or any other type of used structure onto any lot in any subdivision to the City of Augusta, except that such prohibition shall not apply to any area which is zoned Industrial District.

(b)Section 102.7.1 REMOVAL OF STRUCTURE. If determined by the Building Official that a prohibited structure has been illegally located in violation of this section, then notice shall be given to the owner of the lot and the contractor responsible for placing the structure on the lot giving each of them a reasonable time, not to exceed thirty (30) days, to remove the structure. If the parties notified shall fail to act within the specified period, then the City shall have the right to cause the structure to be removed. The City shall have the further right to recover the cost of removal from either party in a court of competent jurisdiction.

(c)Section 102.8 MOVING BUILDINGS. All applications to move a building, house, derrick or other structure shall specify the day and hour said moving is to commence and the route through the city streets over which the building, house, derrick or other structure shall be moved and stating whether it will be necessary to cut and move, raise, or in any way interfere with any wires, cables or other aerial equipment of any public or municipally-owned utility, and if so, the application shall also state the name of the pubic or municipally-owned utility, and the time and location that the applicant’s moving operations shall necessitate the cutting, moving, raising or otherwise interfering with such aerial facilities.

(d)Section 102.9 DEMOLITION AND CONSTRUCTION WASTE. The occupant of each premises and/or contractor of a construction or demolition project shall collect and remove or arrange for the collection and removal of all demolition and construction waste produced on such premises or in relation to a demolition or construction project. Demolition and construction waste shall be collected and removed on a continuing basis as produced on the premises or in relation to a demolition construction project. In no case shall such waste remain on the premises or in relation to demolition or construction project for a period longer than thirty days. All demolition and construction waste collected shall be covered prior to disposal. Such demolition and construction waste shall be disposed of at a licensed solid waste processing or licensed disposal facility.

(e)Section 105.3.3 PERMIT ISSUING. Permits shall be issued to authorized licensed contractors and homeowners working under Section 116.8.

Section 105.3.4 WORKING UNDER PERMIT. No person shall allow any other person to do or cause to be done any work under a permit secured by a contractor except personnel in his/her employ. Homeowners may not obtain a permit under Section 116 and hire any individual, company, firm or corporation to do the actual work.

Section 105.3.5 CONTRACTOR WORKING UNDER PERMIT. The General, Building or Residential Contractor is permitted to obtain the plumbing, electrical and mechanical permits as well as the building permit before start of construction. The Inspection Department will mail a copy of the permit to the appropriate sub-contractor. The General, Building or Residential Contractor is responsible for the notification to the Inspection Department should the subcontractor be changed for any reason. The subcontractor shall contact the Inspection Department and request inspections. The Building Official may refuse to accept a General, Building or Residential Contractor from purchasing the sub-contractor’s permits for failure to comply with the provisions of this article.

(f)Section 108.1.1 CONTRACTOR PAYING PERMIT FEES. The General, Building or Residential Contractor may pay the permit fees for plumbing, electrical and mechanical permits when applying for the permits under Section 105.3.3.

(g)Section 108.2 SCHEDULE OF PERMIT FEES.

Section 108.2.1 BUILDING PERMIT FEES. Building Valuation Data shall be determined by (1) the Contractor’s Bid Price, or (2) the Building Valuation Data Tables, based on the April 2000 Valuation rounded to the nearest whole dollar based on (.01 to .49 shall be rounded down and .50 to .99 shall be rounded up) printed in the “Building Standards” magazine published by the International Conference of Building Officials, 5360 Workman Mill Road, Whittier, California 90601-2298. The charges and fees for permits shall be established from time to time by Resolution of the Governing Body of the City of Augusta, Kansas.

(h)Section 112.4 BOARD OF APPEALS. The Board of Appeals shall consist of five (5) members, appointed by the Mayor of the City of Augusta, Kansas. The Board shall consist of the Senior Electrician, Plumber, Mechanic and building/Residential Contractor of the Building Trades Board; plus one (1) licensed Architect, Structural Engineer or Public Engineer and one (1) licensed Real Estate Agent. Such appointment shall be made before the first day of May, every three years. The Board of Appeals shall use the guidelines set forth in the various international codes as adopted by the City relating to the general topics of Building, Plumbing, Electrical, Mechanical and Property Maintenance. The Board shall meet on call of the Building Official. The Board shall appoint one (1) of its members to be Secretary of the Board.

(i)Section 113.4.1 PENALTIES. Any person, firm or corporation violating or failing to comply with the provisions of this code, the technical codes or ordinances provided for in Chapter IV of the City Code, shall be fined in Municipal Court a sum:

First Conviction - not less than $50 nor more than $100

Second Conviction - not less than $100 nor more than $300

Each Subsequent Conviction - not less than $300 nor more than $500 and/or be confined for a period not to exceed ten (10) days and/or have his/her contractor license suspended for a period of thirty (30) to one hundred eighty (180) days.

Section 113.4.2 COURT BOND. The Municipal Court Bond shall be the maximum amount listed for each conviction and has been set by the Municipal Court Judge. The Inspection Department shall keep a record of all court cases and convictions.

(j)Section 116. BOARD OF BUILDING TRADES. There is hereby established in this jurisdiction a Board of Building Trades consisting of nine (9) members appointed by the Mayor of the City of Augusta, Kansas. Such appointments shall be made before the first day of May, every three (3) years. The Board shall include one (1) City Council Member who shall be the President of the Board; three members of the Board shall be a licensed Master Plumbing Contractor, a licensed Master Electrical Contractor and a licensed Master Mechanical Contractor; three members of the Board shall be either a Master or Journeyman Plumbing Contractor, Electrical Contractor and Mechanical Contractor; one (1) member shall be a licensed Building Contractor and one (1) member shall be either a licensed Building or Residential Contractor. The Inspection Department shall act as Secretary to the Board and have custody of its records.

The Board shall meet on call of the President or the Building Official.

(k)Section 116.1 POWERS AND DUTIES OF THE BOARD OF BUILDING TRADES.

Section 116.1.1 The Board is authorized to review and make recommendations to the Governing Body concerning the City Codes of building, plumbing, electrical, mechanical, housing and other related codes and ordinances.

Section 116.1.2 The Board is authorized to formulate City Policies concerning the building trades and model codes as adopted by the City upon review by the Governing Body.

Section 116.1.3 The Board shall set the qualifications required for an individual to take the State of Kansas Trade Examinations.

Section 116.1.4 The Board is authorized to review and make recommendations to the Governing Body concerning the examination fees and licensing fees.

Section 116.1.5 The Board is authorized to conduct public hearings concerning trade licensing removal and make recommendations to the Governing Body concerning an individual’s or company’s violation of the codes, rules, regulations, policies and ordinances.

(l)Section 116.2 POLICIES. All City Polices concerning the building trades shall be in effect after approval of the Governing Body and having been published once in the official city newspaper. The Inspection Department shall mail a copy of all new policies to each licensed individual contractor. The Inspection Department shall keep an official record of all City Policies and make the same available to the general public during regular business hours.

(m)Section 116.3 BUILDING TRADES LICENSES REQUIRED. Any person, firm, or corporation desiring to engage in or work at the business of Electrical, Plumbing, Mechanical (Heating and Air Conditioning and/or Refrigeration), Building, Siding, Roofing, Fencing, Swimming Pool Installer, Building Mover or Lawn Sprinkler Installer shall be required to obtain the proper license from the City of Augusta prior to engaging in such work and/or business.

(n)Section 116.3.1 LICENSE TYPES. There is hereby created the following categories of Licenses required by the City of Augusta, Kansas:

Section 116.3.1.1 MASTER ELECTRICIAN. A person who is qualified, licensed and equipped to properly lay out and plan the installation, repair and maintenance of electrical systems.

Section 116.3.1.2 JOURNEYMAN ELECTRICIAN. A person who is qualified, licensed and equipped to properly install and repair electrical systems, for and under the direction of a qualified Master Electrician.

Section 116.3.1.3 HELPER ELECTRICIAN. A person who is eighteen (18) years or older who is licensed to learn the electrical trade under the direct supervision of a Journeyman or Master Electrician.

Section 116.3.1.4 MASTER PLUMBER. A person who is qualified, licensed and equipped to properly lay out and plan the installation, repair and maintenance of plumbing systems.

Section 116.3.1.5 JOURNEYMAN PLUMBER. A person who is qualified, licensed and equipped to properly install and repair plumbing systems under the direction of a qualified Master Plumber.

Section 116.3.1.6 HELPER PLUMBER. A person who is eighteen (18) years or older who is licensed to learn the plumbing trade under the direct supervision of a Journeyman or Master Plumber.

Section 116.3.1.7 MASTER MECHANICAL SPECIALIST. A person who is qualified, licensed and equipped to properly lay out and plan the installation, repair and maintenance of Heating, Air Conditioning and Refrigeration systems.

Section 116.3.1.8 JOURNEYMAN MECHANICAL SPECIALIST. A person who is qualified, licensed and equipped to properly install and repair Heating, Air Conditioning and Refrigeration systems.

Section 116.3.1.9 HELPER MECHANICAL SPECIALIST. A person who is eighteen (18) years or older who is licensed to learn the mechanical trade under the direct supervision of a Journeyman or Master Mechanical Specialist.

Section 116.3.1.10 GENERAL BUILDING CONTRACTOR. A person who is qualified, licensed and equipped to build, construct, alter, repair, add to, remodel or wreck any building or structure, or any portion thereof, for which a permit is required and unlimited in scope, including high rise construction.

Section 116.3.1.11 BUILDING CONTRACTOR. A person who is qualified, licensed and equipped to build, construct, alter, repair, add to, remodel or wreck any building or structure, or any portion thereof, for which a permit is required. Limited to commercial, industrial, residential building, not to exceed three (3) stories in height.

Section 116.3.1.12 RESIDENTIAL CONTRACTOR. A person who is qualified, licensed and equipped to build, construct, alter, repair, add to, remodel or wreck any residential building or structure, or any portion thereof for which a permit is required. Limited to one-, two- and three-family residential buildings not exceeding two (2) stories in height.

NOTE: General, Building and Residential Contractors are not required to obtain the following separate types of contractor licenses; except for the House Moving Contractor’s License. The work allowed by these licenses is understood to be included as part of the General, Building and Residential Contractor’s License.

Section 116.3.1.13 FENCE CONTRACTOR. A person who is qualified, licensed and equipped to build, construct, alter, repair, add to or wreck any fence for which a permit is required. A Fence Contractor must successfully complete a Fence Contractor’s Examination provided by the Inspection Department that covers the fence regulations.

Section 116.3.1.14 ROOFING CONTRACTOR. A person who is qualified, licensed and equipped to install, repair and replace roof covering. Work may include, but not limited to, roof deck insulation, roof coating, painting and covering, including use of sheet metal and installation of other sheet metal products incidental to roofing work.

Section 116.3.1.15 SWIMMING POOL CONTRACTOR. A person who is qualified, licensed and equipped to install, repair and replace swimming pools, including the pumps, pool heater, solar pool heaters, filter, chlorinators and that piping incidental to the recirculating system and concrete slab work.

Section 116.3.1.16 HOUSE MOVING CONTRACTOR. A person who is qualified, licensed and equipped to move, haul or transport any house, building, derrick, or other structure of the height, when loaded for movement, of sixteen (16) feet or more from the surface of the highway, road, street or alley, or a width of eight (8) feet or more or which cannot be moved at a speed of four (4) miles per hour or faster, upon, across or over any street, alley or sidewalk. No examination is required to obtain the House Moving Contractor’s License.

Section 116.3.1.17 LAWN SPRINKLER CONTRACTOR. A person who is qualified, licensed and equipped to lay out, design, install, test and repair lawn sprinkler systems. Including, but not limited to, piping, low voltage electrical system and back flow installation. A lawn sprinkler contractor must have successfully completed the State Certification for Backflow Prevention and Testing of Backflow Devises.

(o)Section 116.3.2 CONTRACTOR LICENSE AND EXAMINATION FEES. The charges and fees for Contractor Licenses and Examination Fees shall be established from time to time by Resolution of the Governing Body of the City of Augusta, Kansas.

(p)Section 116.3.3 LICENSE EXPIRATION. All trade licenses shall be valid for a period of one year from the date the license was issued. Failure to renew a license after one hundred eighty (180) days shall require a review by the Board of Building Trades. The Board may require the individual license holder to take the State Examination (if not holding a State Certificate) or ICBO Building Contractor’s Examination for that trade and/or double the license fee. Any contractor who does not have the State Certification will have to have the back-flow prevention devise tested and certified by a licensed contractor who has the State Certification. Any contractor who does not have the State Certification as provided in section 116.4.3 shall have the back-flow prevention devise tested and certified by a licensed contractor with the State Certification.

(q)Section 116.4 BUILDING TRADES EXAMINATIONS REQUIRED. All building trades licenses shall require testing by a nationally recognized testing agency or major jurisdiction acceptable to the Inspection Department.

Section 116.4.1 BLOCK STATE EXAMINATION AND CERTIFICATION. Master and Journeymen Electrical, Plumbing and Mechanical (Heating & Air Conditioning) contractors shall have successfully passed the Block State Examination with a minimum score of 75% and received a certification from the sponsoring jurisdiction. EXCEPTION: Those contractors who hold a valid contractor’s license do not have to obtain the Block Certification so long as they maintain their license on a yearly basis. Any contractor who fails to maintain their license within one hundred eighty (180) days of the license due date shall be required to either take the Block Certification Examination or appeal to the Building Trades Board to be reinstated.

Section 116.4.2 BLOCK, ICBO OR MAJOR JURISDICTION EXAMINATION. General, Building, Residential, Roofing, Siding, Swimming Pool Installers shall have successfully passed the Block or ICBO State Examination with a minimum score of 75% and received a certification from the sponsoring jurisdiction. The Inspection Department may accept a major jurisdiction’s examination based on information concerning the examination given. Individuals may appeal the decision of the Inspection Department if refused a license based on the major jurisdiction’s examination. The provisions of this section shall become effective on May 1, 2001. EXCEPTION: Those contractors who hold a valid contractor’s license do not have to obtain the Block or ICBO Certification so long as they maintain their license on a yearly basis. Any contractor who fails to maintain their license within one hundred eighty (180) days of the license due date shall be required to either take the Block Certification Examination or appeal to the Building Trades Board to be reinstated.

Section 116.4.3 STATE CERTIFIED BACK FLOW PREVENTION INSTALLER AND TESTER. Any contractor requesting a Lawn Sprinkler Installer License must have successfully completed the State of Kansas Back Flow Prevention Installer and Testing certification. The provisions of this section shall become effective on May 1, 2001. EXCEPTION: Those contractors who hold a valid Lawn Sprinkler Installer’s contractor’s license do not have to obtain the State Certification so long as they maintain their license on a yearly basis. Any contractor who fails to maintain their license within one hundred eighty (180) days of the license due date shall be required to either take the Block Certification Examination or appeal to the Building Trades Board to be reinstated.

Section 116.4.4 FENCE CONTRACTOR’S EXAMINATION AND CERTIFICATION. Any contractor requesting a Fence Contractor’s License shall take and successfully complete with a score of not less than 75% an examination provided by the Inspection Department covering the fence regulations adopted by this jurisdiction. The provisions of this section shall become effective on May 1, 2001.

(r)Section 116.5 INSURANCE COVERAGE REQUIRED. Any person, firm or corporation having a contractors license or obtaining a permit as set forth in this section shall maintain a minimum liability insurance coverage of three hundred thousand dollars ($300,000).

(s)Section 116.6 WORK BY CONTRACTOR.

Section 116.6.1 PERMITS, LICENSES, INSURANCE AND INSPECTIONS. General, Building, Residential, House Moving, Roofing, Siding, Fence, Swimming Pool and Lawn Sprinkler Contractors require one (1) individual be licensed to procure the proper permits from the Inspection Department. The contractor license holder shall be responsible for each project which requires a permit and inspection; to insure that all subcontractors obtain proper licenses and insurance coverage as required by this section, insure to the best of his/her ability that the project complies with all the technical codes and ordinances adopted by the City; and all required inspections are made by the Inspection Department at the proper time of construction.

Section 116.6.2 MASTER LICENSED CONTRACTOR RESPONSIBILITIES. Master Licensed Electrical, Plumbing and Mechanical Specialist shall procure the proper permits from the Inspection Department. The State of Kansas Trade Examination Certification is required to obtain a Master or Journeyman license from this jurisdiction. Helper electrical, plumbing and mechanical licenses are issued without any testing required. The master shall be responsible for each project which requires a permit and inspection; to insure that all employees are properly licensed; that all helpers have direct supervision at all times by either a Master or Journeyman licensed employee; shall inspect all work done by a journeyman and/or helper to insure all work complies with all the technical codes and ordinances adopted by the City; and all required inspections are made by the Inspection Department at the proper time of construction.

Section 116.6.3 CONTRACTORS WORKING TOGETHER ON THE SAME JOB. Electrical, Plumbing and Mechanical Contractors obtaining permits for companies or individuals not in the direct employment of the contractor and the use of the second companies or individuals subcontractors, journeymen and helper licensed individuals shall be responsible for each project; insuring that all individuals on the job are licensed as Helpers; ensuring the proper permits are obtained from the Inspection Department; all required inspections are made by the Inspection Department; shall be required to be on the project job site during the time of construction or installation of building service equipment; personally inspect the project for compliance with all the technical codes and ordinances adopted by the City; and shall be on the job site when the Inspection Department makes all inspections.

Section 116.6.4 SUBCONTRACTING. Licensed contractors may subcontract certain major jobs which require additional manpower, under the following conditions:

1. Approval by the Building Official shall be required in writing prior to issuing any permits.

2. A Master or Journeyman in his/her employ shall be on the job site at all times.

3. The subcontractor shall obtain journeymen and/or helper licenses as required by the City.

4. The Master contractor shall inspect all work prior to the call for inspection by the Inspection Department.

(t)Section 116.7 WORK BY OWNER OF A SINGLE-FAMILY RESIDENTIAL DWELLING.

Section 116.7.1 PERMITS, INSPECTIONS, EXCEPTIONS AND LIMITATIONS. The owner of a single-family dwelling, who occupies said dwelling shall not be required to pass any examination, obtain any license or post insurance coverage in order to construct, enlarge, alter, repair, improve, convert or perform any work on the dwelling, including such work on the electrical, plumbing, heating and air conditioning and structure contained therein. The owner is required to obtain the proper permits from the Inspection Department. Such permits shall be marked “WORK BY OWNER.” The permit shall clearly state and set out all work to be done by the owner and such work shall be inspected by the Inspection Department as is normally required for such work. Inspections made by the Inspection Department shall not exceed what is normally required for said work and any additional inspections required will precipitate an additional charge to the owner. The Inspection Department and it’s personnel shall not teach, instruct, design or lay out any work to be done by the owner. All work done by the owner shall comply with the technical codes and ordinances adopted by the City.

Section 116.7.2 EXCEPTIONS to Section 116.6.1. The homeowner shall not tap the City Main Sewer Line. The tap of the City Main Sewer Line shall be done by a licensed Master Plumber under a separate plumbing permit. The homeowner shall not install the Electrical Service Entrance consisting of the electrical panel, main breaker, meter enclosure, riser and weather head or underground conduit to a pad mount transformer. The service entrance shall be installed by a licensed Master Electrician under a separate electrical permit.

Section 116.7.3 LIMITATIONS. The homeowner is permitted to build one (1) single-family dwelling every five (5) years. The homeowner is permitted one (1) major electrical wiring project every three (3) years. The homeowner is not permitted to hire any individual, firm, company or corporation to accomplish any work under his/her permits. Any work not accomplished by the owner must be by a licensed individual, firm, company or corporation and a separate permit shall be issued by the Inspection Department to cover the scope of the work. No property owner is allowed to build, construct, repair, replace, remodel, add to, or do any work which requires a permit in any dwelling he or she owns, but does not live in, including rental single-, two- or multiple-family dwellings, commercial or industrial buildings and structures. All work accomplished on the above-mentioned dwellings, buildings and structures must be done by properly licensed individuals, firms, companies and corporations.

(u)CHAPTER 36 FENCES.

Section 3601 BUILDING PERMIT REQUIRED.

Section 3601.1 A building permit shall be required to install and/or replace an existing fence in the City of Augusta, Kansas. The property owner may obtain the building permit for a fence when he/she is doing the actual construction. A property owner shall not be permitted to obtain a building permit for any fence and hire an unlicensed contractor to install the fence.

Section 3601.2 Building Permit Fees: The charges and fees for Building permit Fees shall be established from time to time by Resolution of the Governing Body of the City of Augusta, Kansas.

(v)Section 3602 REQUIRED INSPECTIONS.

Section 3602.1 PROPERTY STAKES TO DETERMINE PROPERTY LINES. The Inspection Department may require a licensed survey be made to determine the property lines, when the corner bars cannot be located, or when there is any doubt as to the location of the property line.

Section 3602.2 FINAL INSPECTION. Final inspection on privacy and chain link fences to determine compliance with these regulations.

Section 3602.3 MASONRY FENCES. Masonry fences shall require a footing inspections, wall inspections and drainage openings.

(w)Section 3603 CONSTRUCTION REQUIREMENTS. New and Replacement Fences.

Section 3603.1 DISTANCES FROM PROPERTY LINES. All types of fences shall be constructed adjacent or on the property lines. The Inspection Department may grant an exception based on a plot plan for those fences that are not intended to cover the entire yard. For example, fences around patios and swimming pools. Parallel fences are not permitted unless approved by the Inspection Department and only if the two fences are of different construction materials.

Section 3603.2 CHAIN LINK FENCES. All chain link fences shall be constructed according to the manufacturer’s recommendations and instructions. Chain link fences with privacy inserts shall comply with the requirements for wood privacy fences.

Section 3603.3 ELEVATIONS. All wood and chain link privacy fences shall maintain a minimum elevation above grade of three inches. (a three inch distance between the ground [soil] and the bottom of the fence) The fence may have open mesh fencing material to fill in the three inch separation between the bottom of the fence and the ground [soil].

Section 3603.4 PROPERTY PIN PROTECTION. No fence support post shall be installed within two feet of any property pin. No masonry fence shall be installed within two feet of any property pin.

Section 3603.5 SOLID MASONRY FENCES. All solid masonry fences shall have drainage openings approved by the Inspection Department that will permit the passage of storm water. No solid masonry fence shall be installed or constructed on a utility and drainage easement without approval of the Inspection Department and the City Engineer.

Section 3603.6 UTILITY and DRAINAGE EASEMENTS. Wood and chain link privacy fences may be installed or constructed on a utility and drainage easement under the following requirements:

Section 3603.6.1 FENCE CONSTRUCTION BELOW MINIMUM ELEVATIONS. The bottom edge of the fence shall maintain the required three-inch elevation above grade (ground) and shall maintain such grade to the property line. The area between the grade and the bottom of the drainage swale shall consist of a minimum two inch lattice work, two inch open chain link, 1/2 inch rebars on two inch centers or one inch nominal treated or fir lumber spaced two inches on center with the edge of the boards facing the drainage swale.

Section 3603.6.2 MAJOR DRAINAGE EASEMENT RESTRICTIONS. No fence shall be constructed in a drainage easement that constricts, diverts, dams or in any way impedes the natural flow of water onto, through or out of any yard or property.

Section 3603.6.3 No fence of any design shall be placed in a Major Drainage Easement. Said fence shall stop at the edge of the drainage easement.

(x)Section 3604 REQUIRED GATES AND REMOVABLE SECTIONS.

Section 3604.1 PERSONNEL GATES. All fences are required to have a personnel gate facing the principal street for the use of City Utility Meter Readers. All fences that do not cross a utility or drainage easement shall be required to install a minimum four-foot gate onto the utility or drainage easement.

Section 3604.2 UTILITY and DRAINAGE EASEMENT GATES. All fences that cross a utility or drainage easement shall have gates or removable sections the width of the easement on each side property line. All fences enclosing a utility electrical transformer or manhole shall provide an access gate or lift out section that will provide adequate egress for utility crews.

(y)Section 3605 STAKING REQUIREMENTS.

Section 3605.1 RESPONSIBILITY. It is the contractor’s or property owner’s responsibility to locate the property pins for the lot prior to staking and calling for an inspection.

Section 3605.2 SURVEY. The Inspection Department may require a lot survey to determine the property corners if they cannot be determined by the contractor or homeowner.

(z)Section 3606 REQUIRED SETBACKS AND WORKING CLEARANCES

Section 3606.1 PROPERTY PINS. All fence posts shall maintain a two-foot clearance from all property pins. The Inspection Department may grant permission to construct a fence three inches or higher above a property pin.

Section 3606.2 ELECTRIC TRANSFORMER. All fences shall maintain a three-foot clearance from the sides and back and a four-foot clearance from the front of an electric transformer.

Section 3606.3 UTILITY MANHOLE. All fences shall maintain a one-foot clearance from the rim of any utility manhole.

Section 3606.4 BUILDING SETBACK LINES. Privacy fences shall not be constructed past the front building setback line facing the principle street. Privacy fences located on a corner lot may construct the fence to the side property line. Fences located in the front building set back shall not be over three foot in height. Fences may taper from the six-foot allowance at the building set back line to three foot at the front property line. No fence shall be constructed that will block any Public or Shared driveway or sidewalk.

(a)Chapter 1. Administration, Section 101 General, Section 101.9 Restrictions. The use of the International Existing Building Code is restricted to buildings and structures located in Assembly, Commercial and Industrial zoned areas and such building or structure was constructed before 1950.

(Ord. 1820; Ord. 1868; Ord. 1920; Code 2010; Ord. 2053; Code 2020)