[Ord. No. 851-01, 3-5-2001; Ord. No. 1262-2014 §1, 8-18-2014; Ord. No. 1411-2019, 11-4-2019; Ord. No. 1588-2024,[1] 10-21-2024]
A. 
International Residential Code.
1. 
Adoption. The 2018 Edition of the International Residential Code, as published by the International Code Council, Inc., including all chapters, additional references, Appendices E, F, O, tables and illustrations, is hereby adopted for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of one-family dwellings, two-family dwellings, and town houses of not more than three (3) stories in height in the City of Kearney, and providing for the issuance of permits and collection of fees therefor.
2. 
Amendments. The following sections shall be deleted or amended to read as follows:
a. 
R101.1 Title. Insert: "City of Kearney" in place of [Name of Jurisdiction].
b. 
R105.2 Work Exempt from Permit, Subsection Building. Delete exemption #10 regarding certain decks as an exemption.
c. 
R106.1 Submittal documents. Delete the following statement: "where required by the statutes of the jurisdiction in which the project is to be constructed."
d. 
R107.1 General. The building official is authorized to issue a permit for temporary structures and temporary uses, in accordance with the Municipal Code of the City of Kearney. Such permits shall be limited as to time of service, but shall not be permitted for more than one hundred eighty (180) days.
e. 
R112 Board of Appeals. Delete entire section and replace with "All appeals of orders, decisions or determinations made by the Building Official relative to the application of the Code shall be made to the Board of Adjustment, per Section 405.085 of the Municipal Code."
f. 
Table R301.2(1) - Amend the table to read:
Wind Design
Subject to Damage
Ground Snow Load
Speed
(mph)
Topo-
graphic effects
Special wind region
Wind-
borne Debris Zone
Seismic Design Category
Weath-
ering
Frost Line Depth
Ter-
mite
Winter Design Temp
Ice Barrier Under-
layment Required
Flood Haz-
ards
Air Freez-
ing Index
Mean Ann-
ual Temp
20
115
No
No
No
A
Severe
36
M to H
0
Yes
3-15-2015
1500<
54.2
Manual J Design Criteria
Elevation
Latitude
Winter heating
Summer cooling
Altitude correction factor
Indoor design temperature
Design temperature cooling
Heating temperature difference
909
39° N
4° F
96° F
72° F
75°
68° F
Cooling temperature difference
Wind velocity heating
Wind velocity cooling
Coinci-
dent wet bulb
Daily range
Winter humidity
Summer humidity
21° F
15
7.5
75° F
High
50%
30%
g. 
R303.4 Mechanical Ventilation. Amend "5 air changes" to "3 air changes";
h. 
Add new subsections to Section R306 as follows:
Section R306.5 New single-family dwellings toilet facilities. Toilet facilities shall be provided within five hundred (500) feet (measured from the property line adjacent to the street for platted subdivisions along the public way) for all new single-family dwellings starting from the time of the first footing inspection until facilities are available in the dwelling. If the facilities are not located on the job site, the location of the required facilities shall be posted on the job site or other certification provided to the Building Code Official to verify the availability of toilet facilities. The facilities on the site shall be removed prior to issuance of a temporary certificate of occupancy.
R306.6 New single-family dwellings construction site maintenance. All construction sites shall be maintained in a good, clean, and safe condition, including, but not limited to, the following minimum requirements:
3. 
Construction materials shall be stored, maintained, and secured so as to prevent safety risk or danger. Accumulated construction debris shall be hauled away and disposed of at an approved landfill. Dumpsters, if utilized, shall be emptied or removed when full and may be used only for construction debris. Construction materials shall not be stored in a public right-of-way.
4. 
All mud, dirt, or debris deposited on any street, crosswalk, sidewalk, or other public property as a result of excavation, construction, or demolition shall be immediately broom cleaned to the extent possible and disposed of in an acceptable manner.
5. 
It shall be unlawful to intentionally place, deposit, or otherwise dispose of construction debris in any public or private sewer.
6. 
Airborne particles shall be controlled on the property at all times during work by means of a water truck and/or spraying equipment, or other water sources capable of spraying and thoroughly saturating all portions of the structure and surrounding property affected by the work. Spraying shall be undertaken at all times necessary to thoroughly control the creation and migration of airborne particles, including, without limitation, dust, from the subject property.
7. 
Every contractor shall be responsible for all actions of their employees, agents, and subcontractors under this Subsection, and shall be responsible for all violations of the provisions of this Subsection committed by such employees, agents, or subcontractors.
a. 
R313 Automatic Fire Sprinkler System. Delete section and replace with "A builder of a one- or two-family dwelling or townhouse shall offer to any purchaser on or before the time of entering into the purchase contract the option, at the purchaser's cost, to install or equip fire sprinklers in the dwelling or townhouse. The purchaser shall have the right to choose or decline to install a fire sprinkler system. This notification requirement is provided in accordance with, and shall expire in conjunction with, Missouri Statue RSMO 67.281."
b. 
R401.3 Drainage. Amend section to read "Surface drainage shall be diverted to a storm sewer conveyance or other approved point of collection that does not create a hazard. Lots shall be graded to drain surface water away from foundation walls. The grade shall fall a minimum of 6 inches (152 mm) within the first 10 feet (3048 mm). Gutter discharge and sump pump discharge shall not extend to a point closer than three (3) feet from a side lot line or 10 feet from a rear lot line, lot line along a street right-of-way, or sidewalk."
c. 
R801.3 Roof Drainage. Amend section to read "Roof Drainage. All dwellings shall have guttering or a controlled method of water disposal from roofs that will collect and discharge all roof drainage to the ground surface. Water drainage shall flow at least three (3) feet from foundation walls or to an approved drainage system. Gutter discharge and sump pump discharge shall not extend to a point closer than three (3) feet from a side lot line or 10 feet from a rear property line, a property lot line along a street right-of-way, or a sidewalk."
d. 
Table N1102.1.2 (R402.1.1) 2018 table is R402.1.2 - Amend the table to read:
TABLE N1102.1.1 (R402.1.1)
INSULATION AND FENESTRATION REQUIREMENTS BY COMPONENTa
Climate Zone
Fene-
stration U-Factorb
Sky-
lightb U-Factor
Glazed Fene-
stration SHGCb,a
Ceiling R-Value
Wood Frame Wall R-Value
Mass Wall R-Valuei
Floor R-Value
Base-
mentc Wall R-Value
Slabd R-Value & Depth
Crawl Spacec Wall R-Value
4
0.32
0.55
0.40
49
R-13
8/13
19
10/13
10, 2ft
10/13
e. 
N1102.2.9 Basement Walls. Amend beginning of section to add the sentence "Basement wall insulation is not required for unfinished basements below grade.
f. 
N1102.4.1.2 Testing. Amend beginning of section to read "Where required by the Building Official. . ."
g. 
N1103.1.1 Programmable Thermostat - Deleted.
h. 
N1103.3.3 Duct Testing. Amend beginning of section to read "Where required by the Building Official. . ."
i. 
N1103.3.5 Building Cavities. Amend section to read "Building framing cavities used as ducts or plenums in unfinished areas shall be sealed with sheet metal or other material approved by the Building Official, not sealed with cardboard-based or other permeable material."
j. 
N1103.5.1 Circulating Hot Water Systems - Deleted.
k. 
N1103.5.3 (R403.4.2) Hot water pipe insulation (Prescriptive). Insulation for hot water pipe with a minimum thermal resistance (R-value) of R-3 shall be applied to the following:
1. 
Piping 3/4 inch and larger in nominal diameter.
2. 
Piping serving more than one (1) dwelling unit.
3. 
Piping located outside the conditioned space.
4. 
Piping from the water heater to a distribution manifold.
5. 
Piping located under a floor slab.
6. 
Buried piping.
7. 
Supply and return piping in recirculation systems other than demand recirculation systems.
8. 
Piping from the water heater to kitchen outlets.
l. 
N1104.1 Lighting Equipment — Deleted.
m. 
P2603.5.1 Sewer depth. Insert "36 inches" in place of [number].
n. 
E3902.2 Garage and accessory building receptacles. Add:
Exception: A dedicated receptacle supplying solely a garage door opener or a refrigerator or freezer that is clearly identified as "NOT GFCI PROTECTED".
o. 
E3902.5 Unfinished basement receptacles. Amend and add: Exceptions:
1. A dedicated receptacle supplying a sump pump and identified as "NOT GFCI PROTECTED".
2. A dedicated receptacle supplying a refrigerator or freezer that is clearly identified as "NOT GFCI PROTECTED".
p. 
E3902.16 Arc-fault circuit-interrupter protection. Amend section to read: All branch circuits that supply 120-volt, single-phase, 15- and 20-ampere receptacles installed in bedrooms shall be protected by a combination type arc-fault circuit interrupter installed to provide protection of the branch circuit.
q. 
3903.4 Storage or equipment spaces. Amend section to read: In attics, under-floor spaces, utility rooms and basements where these spaces are used for storage or contain equipment requiring servicing, or in attics with at least 30" of headroom, at least one (1) lighting outlet shall be installed. Such lighting outlet shall be controlled by a wall switch or shall have an integral switch. At least one (1) point of control shall be at the usual point of entry to these spaces. The lighting outlet shall be provided at or near the equipment requiring servicing. [210.070(A)(3)]
B. 
International Building Code.
1. 
Adoption. The International Building Code, 2018 published by the International Code Council, Inc., including all chapters, additional references, Appendices C, H, & J, tables and illustrations is hereby adopted as the code of the City of Kearney for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings or structures in the City of Kearney providing for issuance of permits and collection of fees therefor.
2. 
Amendments. The following sections shall be deleted or amended to read as follows:
a. 
101.1 Title. Insert "City of Kearney".
b. 
Section 103 - Department of Building Safety - Deleted.
c. 
104.10.1 Flood Hazard Areas. Modifications within or regarding any flood hazard areas shall comply with the City's floodplain ordinance, sections 405.600-405.635 of the Municipal Code of the City of Kearney.
d. 
105.2 Work exempt from permit. Remove Building exemption #2 regarding commercial fences.
e. 
107.2.2 Fire protection system shop drawings. Shop drawings for the fire protection system(s) shall be submitted to indicate conformance to this code and the construction documents and shall be approved prior to the start of system installation. Shop drawings are to also be submitted to the Kearney Fire & Rescue Protection District for review and approval. Shop drawings shall contain all information as required by the referenced installation standards in Chapter 9.
f. 
108.1 General. The building official is authorized to issue a permit for temporary structures and temporary uses, in accordance with the Municipal Code of the City of Kearney. Such permits shall be limited as to time of service, but shall not be permitted for more than one hundred eighty (180) days.
g. 
113 Board of Appeals. The Kearney Board of Adjustment is hereby appointed to act as the Board of Appeals.
h. 
1010.1.9.4 Locks and latches. Add subsection:
7. In occupancy groups A, B, E, F, H, I, M, S, and U, a Knox Box Rapid Entry System, or other similar key box system per the Kearney Fire & Rescue Protection District, shall be installed per manufacturer instructions near the fire access door.
i. 
SECTION 1612 FLOOD LOADS - Within flood hazard areas, all new construction of buildings, structures and portions of buildings and structures, including substantial improvement and restoration of substantial damage to buildings and structures, shall be designed and constructed to resist the effects of flood hazards and flood loads per the City's floodplain ordinance, sections 405.600-405.635 of the Municipal Code of the City of Kearney.
j. 
3001.1 Scope. Elevators, dumbwaiters, escalators, material lifts, inclined lifts, special purpose personnel elevators, or moving walks, including its hoistway, hoistway incloser and related construction, and all machinery and equipment must be approved through the Missouri Department of Public Safety, Office of the State Fire Marshal.
k. 
H101.2 Signs exempt from permits. Deleted.
l. 
H101.3 Municipal code compliance. Signage shall comply with the provisions of Chapter 405 of the Municipal Code of the City of Kearney. This Appendix shall be subordinate to the municipal code.
C. 
International Plumbing Code.
1. 
Adoption. The 2018 Edition of the International Plumbing Code, published by the International Code Council, Inc., including all chapters, Appendices B, D, & E, additional references, tables and illustrations is hereby adopted for regulating, and controlling the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of any plumbing system in the City of Kearney providing for issuance of permits and collection of fees therefor.
2. 
Amendments. The following sections shall be amended as follows:
a. 
101.1 Title. Insert "City of Kearney".
b. 
106.6.2. Fee schedule. Fees shall be in accordance the Municipal Code of the City of Kearney.
c. 
106.6.3. Fee refunds. Amend section to read: Fee refunds shall be in accordance with the Municipal Code of the City of Kearney.
d. 
108.4 Violation penalties. Amend section to read: Violation penalties shall be in accordance with the Municipal Code of the City of Kearney.
e. 
108.5 Stop work orders. Upon notice from the code official, work on any plumbing system that is being done contrary to the provisions of this code or in a dangerous or unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work on the system after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be found in violation in accordance with the Municipal Code of the City of Kearney.
f. 
Section 109 Means of Appeals. Delete entire section and replace with "All appeals of orders, decisions or determinations made by the Building Official relative to the application of the Code shall be made to the Board of Adjustment, per Section 405.085 of the Municipal Code."
g. 
305.4.1 Sewer Depth. Insert "thirty-six (36) inches" in place of [number].
h. 
714.1 Sewage Backflow. Amend section to read: Where plumbing fixtures are installed on a floor with a finished floor elevation below the elevation of the manhole cover of the next upstream unsealed manhole in the public sewer, such fixtures shall be protected by a backwater valve installed in the building drain.
D. 
International Mechanical Code.
1. 
Adoption. The 2018 Edition of the International Mechanical Code, published by the International Code Council, Inc., including all chapters, Appendix A, additional references, tables and illustrations, is hereby adopted for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of heating, ventilating, cooling or refrigeration systems, incinerators, or other miscellaneous systems and heat-producing appliances in the City of Kearney providing for the issuance of permits and collection of fees therefor.
2. 
Amendments. The following sections shall be amended as follows:
a. 
101.1 Title. Insert "City of Kearney".
b. 
106.5.2. Fee Schedule. Fees shall be in accordance with the Municipal Code of the City of Kearney.
c. 
106.5.3. Fee Refunds. Amend section to read: Fee refunds shall be in accordance with the Municipal Code of the City of Kearney.
d. 
108.4 Violation Penalties. Amend section to read: Violation penalties shall be in accordance with the Municipal Code of the City of Kearney.
e. 
108.5 Stop Work Orders. Upon notice from the code official, work on any plumbing system that is being done contrary to the provisions of this code or in a dangerous or unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work on the system after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be found in violation in accordance with the Municipal Code of the City of Kearney.
f. 
Section 109 Means Of Appeals. Delete entire section and replace with "All appeals of orders, decisions or determinations made by the Building Official relative to the application of the Code shall be made to the Board of Adjustment, per Section 405.085 of the Municipal Code."
E. 
International Fuel Gas Code.
1. 
Adoption. The 2018 Edition of the International Fuel Gas Code, published by the International Code Council, Inc., including all chapters, Appendices A, B, C, & D, additional references, tables and illustrations, is hereby adopted for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of fuel gas systems and gas-fired appliances in the City of Kearney providing for the issuance of permits and collection of fees therefor.
2. 
Amendments. The following sections shall be amended as follows:
a. 
101.1 Title. Insert "City of Kearney".
b. 
106.6.2. Fee Schedule. Fees shall be in accordance with the Municipal Code of the City of Kearney.
c. 
106.6.3. Fee Refunds. Amend section to read: Fee refunds shall be in accordance with the Municipal Code of the City of Kearney.
d. 
108.4 Violation Penalties. Amend section to read: Violation penalties shall be in accordance with the Municipal Code of the City of Kearney.
e. 
108.5 Stop Work Orders. Upon notice from the code official, work on any plumbing system that is being done contrary to the provisions of this code or in a dangerous or unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work on the system after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be found in violation in accordance with the Municipal Code of the City of Kearney.
f. 
Section 109 Means Of Appeals. Delete entire section and replace with "All appeals of orders, decisions or determinations made by the Building Official relative to the application of the Code shall be made to the Board of Adjustment, per Section 405.085 of the Municipal Code."
F. 
National Electric Code.
1. 
Adoption. The 2017 Edition of the National Electrical Code, published by the National Fire Protection Association (NFPA), including all chapters, additional references, tables and illustrations, is hereby adopted for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of electrical systems in the City of Kearney providing for the issuance of permits and collection of fees therefor.
2. 
Amendments. None.
G. 
International Fire Code.
1. 
Adoption. The International Fire Code, 2018 Edition published by the International Code Council, Inc., including all chapters, appendices A through N additional references, tables and illustrations, is hereby adopted as the official fire code of the City of Kearney providing for the issuance of permits and collection of fees therefor.
2. 
Amendments. The following sections shall be amended to read as follows:
a. 
101.1 Title. Insert "City of Kearney".
b. 
103.2 Appointment. The Mayor of the City of Kearney, Missouri, is authorized to appoint, with approval by the Board of Aldermen, that person so designated and paid by the Kearney Fire and Rescue Protection District as the fire code official; and the fire code official shall not be removed from office except for cause and after full opportunity to be heard on specific and relevant charges by and before the appointing authority.
c. 
Section 109 Board Of Appeals. Delete entire section and replace with "All appeals of orders, decisions or determinations made by the Building Official relative to the application of the Code shall be made to the Board of Adjustment, per Section 405.085 of the Municipal Code."
d. 
110.4 Violation Penalties. Amend section to read: Violation penalties shall be in accordance with the Municipal Code of the City of Kearney.
e. 
507.5.1 Where Required. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than four hundred (400) feet from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the fire code official.
Exceptions:
1. For Group R-3 and Group U occupancies, the distance requirement shall be four hundred (400) feet.
2. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 400 feet (183 m).
f. 
505.1.1 Secondary Entry Numbers. Multi-tenant shopping centers in which tenant spaces have secondary entry doors from an exterior facade of the building and have paved vehicle access adjacent to such doors shall have approved address numbers or addresses placed on or adjacent to at least one (1) secondary entrance door. Numbers shall be a minimum of four (4) inches in height with a minimum stroke width of five tenths (0.5) inch.
Exceptions:
a. If more than one (1) entry door is installed on a facade, only one (1) door needs to be marked (entry doors defined as overhead cargo doors and normal passage doors);
b. The Building Official may grant further exceptions after consultation with the Kearney Police Department if it can be shown that marking the doors would create a security risk.
H. 
International Existing Building Code.
1. 
Adoption. The 2018 Edition of the International Existing Building Code, published by the International Code Council, Inc., including all chapters, Appendices A, B, and C, additional references, tables and illustrations, is hereby adopted to provide requirements for repair and alternative approaches for alterations and additions to existing building in the City of Kearney providing for the issuance of permits and collection of fees therefor.
2. 
Amendments. The following sections shall be amended as follows:
a. 
101.1 Title. Insert "City of Kearney".
b. 
Section 103 — Delete.
c. 
R105.2 Work Exempt From Permit, Subsection Building. Delete exemption #1.
d. 
106.2.2 Fire protection system(s) shop drawings. Amend section to read "Shop drawings for the fire protection system(s) shall be submitted to indicate compliance with this code and the construction documents and shall be approved by the Kearney Fire & Rescue Protection District prior to the start of system installation. Shop drawings shall contain information as required by the referenced installation standards in Chapter 9 of the International Building Code."
e. 
Section 112 Board Of Appeals. Delete entire section and replace with "All appeals of orders, decisions or determinations made by the Building Official relative to the application of the Code shall be made to the Board of Adjustment, per Section 405.085 of the Municipal Code."
f. 
1201.4 Flood Hazard Areas. Modifications within or regarding any flood hazard areas shall comply with the City's floodplain ordinance, sections 405.600-405.635 of the Municipal Code of the City of Kearney.
I. 
International Swimming Pool and Spa Code.
1. 
Adoption. The 2018 Edition of the International Swimming Pool and Spa Code, published by the International Code Council, Inc., including all chapters, Appendices A, B, C, D, additional references, tables and illustrations, is hereby adopted to establish requirements for the design, construction, alteration, repair and maintenance of swimming pools, spas, hot tubes and aquatic facilities in the City of Kearney providing for the issuance of permits and collection of fees therefor.
2. 
Amendments. The following sections shall be amended as follows:
a. 
101.1 Title. Insert "City of Kearney."
b. 
105.6.2 Fee Schedule. Fees shall be in accordance with the Municipal Code of the City of Kearney.
c. 
105.6.3 Fee Refunds. Amend section to read: Fee refunds shall be in accordance with the Municipal Code of the City of Kearney.
d. 
Section 107.4 Violation Penalties. Amend section to read: Violation penalties shall be in accordance with the Municipal Code of the City of Kearney.
e. 
Section 107.5 Stop Work Orders. Upon notice from the code official, work on any plumbing system that is being done contrary to the provisions of this code or in a dangerous or unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work on the system after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be found in violation in accordance with the Municipal Code of the City of Kearney.
f. 
Section 108 Means Of Appeals. Delete entire section and replace with "All appeals of orders, decisions or determinations made by the Building Official relative to the application of the Code shall be made to the Board of Adjustment, per Section 405.085 of the Municipal Code."
g. 
305.1 General. The provisions of this Section shall apply to the design of barriers for restricting entry into areas having pools and spas. Where spas or hot tubs are equipped with a lockable safety cover complying with ASTM F1346, the areas where those spas, and hot tubs are located shall not be required to comply with Sections 305.2 through 305.7.
J. 
International Energy Conservation Code.
1. 
Adoption. The 2018 Edition of the International Energy Conservation Code, published by the International Code Council, Inc., including all chapters, references, tables and illustrations, is hereby adopted to establish minimum requirements for energy-efficient buildings in the City of Kearney providing for the issuance of permits and collection of fees therefor.
2. 
Amendments. The following sections shall be amended as follows:
a. 
C101.1. Title. Insert "City of Kearney".
b. 
C104.2 Schedule Of Permit Fees. Fees shall be in accordance with the Municipal Code of the City of Kearney.
c. 
C104.5 Refunds. Amend section to read: Fee refunds shall be in accordance with the Municipal Code of the City of Kearney.
d. 
Section C109 Board Of Appeals. Delete entire section and replace with "All appeals of orders, decisions or determinations made by the Building Official relative to the application of the Code shall be made to the Board of Adjustment, per Section 405.085 of the Municipal Code."
e. 
R101.1. Title. Insert "City of Kearney".
f. 
R104.2 Schedule Of Permit Fees. Fees shall be in accordance with the Municipal Code of the City of Kearney.
g. 
R104.5 Refunds. Amend section to read: Fee refunds shall be in accordance with the Municipal Code of the City of Kearney.
h. 
Section R109 Board Of Appeals. Delete entire section and replace with "All appeals of orders, decisions or determinations made by the Building Official relative to the application of the Code shall be made to the Board of Adjustment, per Section 405.085 of the Municipal Code."
K. 
International Property Maintenance Code.
1. 
Adoption. The 2018 Edition of the International Property Maintenance Code, published by the International Code Council, Inc., including all chapters, Appendix A, additional references, tables and illustrations, is hereby adopted to establish minimum maintenance standards for basic equipment, light, ventilation, heating, sanitation and fire safety in the City of Kearney providing for the issuance of permits and collection of fees therefor.
2. 
Amendments. The following sections shall be amended as follows:
a. 
A101.1 Title. Insert "City of Kearney."
b. 
A103.5 Fees. Amend section to read: Fees shall be in accordance with the Municipal Code of the City of Kearney.
c. 
Section 111. Means Of Appeal. Delete entire section and replace with "All appeals of orders, decisions or determinations made by the Building Official relative to the application of the Code shall be made to the Board of Adjustment, per Section 405.085 of the Municipal Code."
d. 
A112.4 Failure To Comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be found in violation in accordance with the Municipal Code of the City of Kearney.
e. 
302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in accordance with the Municipal Code of the City of Kearney.
f. 
304.14 Insect Screens. Amend for the period of March 15 through November 15.
g. 
602.3 Heat Supply. Amend for the period of October 1 through April 1.
h. 
602.4 Occupiable Workspaces. Amend for the period of October 1 through April 1.
[1]
Editor's Note: This ordinance shall take effect and be in full force on Febuary 1, 2025.
[Ord. No. 851-01, 3-5-2001; Ord. No. 1262-2014 §1, 8-18-2014; Ord. No. 1588-2024,[1] 10-21-2024]
Any person violating the terms of this Article and its incorporated code shall upon conviction thereof be punished by a fine not exceeding five hundred dollars ($500.00) or imprisonment not exceeding ninety (90) days, or by both such fine and imprisonment, provided that each day such violation occurs after notice by the City shall constitute a separate ordinance violation.
[1]
Editor's Note: This ordinance shall take effect and be in full force on Febuary 1, 2025.
[Ord. No. 1246-2014 §1, 4-21-2014]
A. 
Any other ordinances of the City notwithstanding, there is hereby created an at risk permit to build prior to issuance of a building permit.
B. 
Such permit may only be issued by the Board of Aldermen, in very limited circumstances, for good cause shown, and under condition that a full building permit will be obtained before a specified date.
C. 
An application for an at risk permit must be submitted to the Board of Aldermen and must include:
1. 
The nature of the emergency or other compelling reason why such a permit should be issued.
2. 
Acknowledgment of outstanding items necessary to obtain a full building permit.
3. 
Date when outstanding items will be completed.
4. 
Acknowledgment that work under such a permit is solely at the risk of contractor and its issuance does not imply approval of final project or that a certificate of occupancy will be issued.
5. 
Agreement that if a full building permit is not obtained as agreed that contractor will abide by City issued stop work order and restore building site to condition prior to commencement of construction.
6. 
Construction is subject to all required inspections by City.
7. 
Contractor will sign letter of agreement agreeing to all of the above terms.
D. 
An at risk permit shall not be considered a building permit for purposes of the City land use and zoning ordinances.
[Ord. No. 841-00 Art. 1.15 §2, 11-20-2000]
All building permits shall be issued only after the applicant therefor has submitted an application in writing on forms to be supplied by the Building Inspector showing that the application conforms in all respects to the requirements of the zoning, subdivision and building ordinances of the City of Kearney and said building site has been properly platted in accordance with the Subdivision Regulations, Chapter 410 of this Code and subsequently recorded in the office of the Clay County Recorder of Deeds.
[Ord. No. 841-00 Art. 1.15 §5, 11-20-2000; Ord. No. 844-01 §1, 1-15-2001; Ord. No. 936-03 §§1 — 2, 4-7-2003]
A. 
Before any permit is issued, the applicant shall pay the following fees for each permit for the purpose to defray the expense of inspection, investigation, recording, materials and supplies required to conduct this operation:
1. 
Building permit.
[Ord. No. 1260-2014 §1, 8-4-2014]
a. 
Forty cents ($0.40) for each square foot of total space excluding unfinished basements.
b. 
Commercial/Industrial shall be forty cents ($0.40) for each square foot of space up to ten thousand (10,000) square feet, then twenty cents ($0.20) for each additional square foot.
c. 
Accessory buildings, tenant finish, and remodel shall be twenty cents ($0.20) for each square foot of total space.
d. 
The minimum fee shall be thirty dollars ($30.00).
2. 
Plumbing permit.
a. 
The fee shall be thirty dollars ($30.00) for up to and including ten (10) traps plus two dollars ($2.00) per each additional trap thereafter.
b. 
The minimum fee shall be thirty dollars ($30.00).
3. 
Mechanical permit. (The fee shall be as follows for each permit.)
a. 
Heating and A/C unit: $30.00.
b. 
Individual heating unit: $30.00 each unit.
c. 
Individual A/C unit: $30.00 each unit.
d. 
The minimum fee shall be thirty dollars ($30.00).
4. 
Electrical permit. (The fee shall be as follows for each main panel box and each sub panel box.)
a. 
200 amp or less: $30.00 each box.
b. 
400 amp: $40.00 each box.
c. 
800 amp: $50.00 each box.
d. 
Over 800 amp: $70.00 each box.
e. 
Repairs, maintenance, rewire or electrical service changes up to 200 amp: $30.00.
5. 
Demolition permit.
a. 
Thirty dollars ($30.00).
6. 
Miscellaneous permits, i.e., decks and pools.
a. 
Thirty dollars ($30.00).
B. 
Inspection Review Fee Established. There is hereby established an inspection review fee. Such fee shall be paid to the City by an applicant for construction prior to the beginning of any construction which requires professional engineering. The fee shall be equal to one percent (1%) of the total estimated cost of the construction as provided by the applicant's professional engineer. The fee shall be used to partially defray the cost to the City of its engineering and related costs to review said plans and inspect construction.
C. 
Building permit fees shall be waived for any political subdivision of the State of Missouri. Said waiver shall apply only to the applicable fees in this Subsection, and shall not apply to water connection fees, sewer connection fees, impact fees, or other similar fees, if any.
[Ord. No. 1522-2023, 4-3-2023]
[Ord. No. 841-00 Art. 1.15 §6, 11-20-2000]
Every permit issued under provisions of the Code shall expire by time limitations if the works authorized by such permit is not commenced within ninety (90) days, or if the work is suspended for more than one hundred eighty (180) days, or if the work is abandoned thereafter. Abandoned work shall be left in a condition of compliance with the Code.
[Ord. No. 841-00 Art. 1.15 §7, 11-20-2000]
During the term of the building permit, the permittee shall keep all adjacent streets and right-of-ways clear of rubbish, dirt, mud, rock, concrete and other debris.
[Ord. No. 841-00 Art. 1.15 §8, 11-20-2000]
It shall be the responsibility of the permit holder to insure that all work done other or in furtherance of said permit, including work done by others, shall comply with and not be in violation of the ordinances of the City.
[Ord. No. 841-00 Art. 1.15 §9, 11-20-2000]
Unless the required improvements have been installed or guaranteed by a bond or other approved surety, no building permits shall be issued for that lot or tract. Further, no building permit shall be issued for any lot within a subdivision unless such lot has direct access to a street constructed in accordance with the construction specifications of the City.
[Ord. No. 841-00 Art. 1.15 §§10 — 11, 11-20-2000]
A. 
No further building permit(s) shall be issued in Kearney to a builder or owner who violates this Section of the City Code by not obtaining the required certificate of occupancy. A one hundred dollar ($100.00) reinspection fee shall be charged to the builder or owner of a structure which violates this Section of the City Code and desires an inspection after said structure is inhabited.
B. 
Any person violating any provision of this Section shall be deemed guilty of an ordinance violation and upon conviction thereof shall be fined in an amount not exceeding five hundred dollars ($500.00) or be imprisoned in the City or County Jail for a period of not exceeding ninety (90) days, or both such fine and imprisonment. Each day such violation is committed or permitted to continue shall constitute a separate ordinance violation and shall be punishable as such hereunder. All work under such permit shall be immediately stopped upon issuance of a stop order.
[Ord. No. 841-00 §5, 11-20-2000]
Any person violating the terms of Sections 500.030500.110 and its incorporated code shall upon conviction thereof be punished by a fine not exceeding five hundred dollars ($500.00) or imprisonment not exceeding ninety (90) days, or by both such fine and imprisonment, provided that each day such violation occurs after notice by the City shall constitute a separate ordinance violation.
[Ord. No. 273 §§1 — 3, 4-1-1975]
A. 
The Building Inspector shall review all building permit applications for new construction or substantial improvements to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a location that has a flood hazard, any proposed new construction or substantial improvement (including prefabricated and mobile homes) must:
1. 
Be designed (or modified) and anchored to prevent flotation, collapse, or lateral movement of the structure,
2. 
Use construction materials and utility equipment that are resistant to flood damage, and
3. 
Use construction methods and practices that will minimize flood damage.
B. 
The Building Inspector shall review subdivision proposals and other proposed new developments to assure that:
1. 
All such proposals are consistent with the need to minimize flood damage,
2. 
All public utilities and facilities, such as sewer, gas, electrical and water systems, are located, elevated and constructed to minimize or eliminate flood damage, and
3. 
Adequate drainage is provided so as to reduce exposure to flood hazards.
C. 
The Building Inspector shall require new or replacement water supply systems and/or sanitary sewerage systems to be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters and require on-site waste disposal systems to be located so as to avoid impairment of them or contamination from them during flooding.