[Ord. No. 851-01, 3-5-2001; Ord. No. 1262-2014 §1, 8-18-2014]
A.
International Residential Code For One- And Two-Family Dwellings.
1.
Adoption. The 2012 Edition of the International
Residential Code for One- and Two-Family Dwellings, as published by
the International Code Council, Inc., 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 one- and two-family dwellings and town houses
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.
Additions. The following appendices are hereby
adopted:
a.
Appendix A — Sizing and Capacities of Gas Piping.
b.
Appendix B — Sizing of Venting Systems Serving
Appliances Equipped with Draft Hoods, Category 1 Appliances, and Appliances
Listed for Use with Type B Vents.
c.
Appendix C — Exit Terminals of Mechanical Draft
and Direct–Vent Venting Systems.
d.
Appendix E — Manufactured Housing Used as Dwellings.
e.
Appendix G — Swimming Pools, Spas and Hot Tubs.
f.
Appendix H — Patio Covers.
g.
Appendix J — Existing Buildings and Structures.
h.
Appendix K — Sound Transmission.
i.
Appendix N — Venting Methods.
j.
Appendix P — Sizing of Water Piping System.
k.
Appendix Q — ICC International Residential Code
Electrical Provisions/National Electrical Code Cross Reference.
3.
Amendments. The following sections shall be
deleted or amended to read as follows:
a.
R105.2 Work Exempt from Permit. Delete Exemption #10 regarding
decks as an exemption.
b.
R105.3.1.1 Determination of substantially improved or substantially damaged existing buildings in flood hazard areas. Applications for reconstruction, rehabilitation, addition or other improvements of existing buildings or structures located in a flood hazard area shall comply with the City's floodplain ordinance, Municipal Code Sections 405.600 — 405.635.
c.
R106.1 Submittal documents. Submittal documents consisting of
construction documents and other data shall be submitted in two or
more sets with each application for a permit. The construction documents
shall be prepared by a registered design professional. Where special
conditions exist, the Building Official is authorized to require additional
construction documents to be prepared by a registered design professional.
d.
R107.1 General. The Building Official is authorized to issue
a permit for temporary structures and temporary uses, in accordance
with the Code of Ordinances 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.
R112.1 General. The Kearney Board of Adjustment is hereby appointed
to act as the Board of Appeals.
f.
R112.3 Qualifications — Deleted.
g.
Table R301.2(1) — Amend the table to read:
[Ord. No. 1411-2019, 11-4-2019]
|
Table R301.2(1)
Climatic and Geographic Design Criteria
| |||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
|
Ground Snow Load
|
Wind Design
|
Seismic Design Cate- goryt
|
Subject to Damage From
|
Winter Design Tempo
|
Ice Barrier Underlay- ment Requiredh
|
Flood Haz- ardsg
|
Air Freez-ing Indexi
|
Mean Ann- ual Tempj
| |||
|
Speedd
(mph)
|
Topo- graphic effectsk
|
Weath- ering3
|
Frost line depthb
|
Term- itec
| |||||||
|
20
|
90
|
No
|
A
|
Severe
|
36"
|
Yes
|
6
|
Yes
|
FEMA
|
1,000
|
54.1
|
h.
R302.5.1 Self Closing Door Between Garage and House — Deleted.
i.
R310.5 Emergency escape windows under decks and porches. Emergency
escape windows are allowed to be installed under decks and porches
provided the location of the deck allows the emergency escape window
to be fully opened and provides a path not less than forty-eight (48)
inches (1,219 mm) in height to a yard or court.
j.
Section R313 Automatic Fire Sprinkler Systems — Deleted.
k.
R315.3 Where required in existing dwellings. Add "Exception:
Work involving only the exterior surfaces of dwellings, such as the
replacement of windows or doors, or the addition of a porch or deck,
are exempt from the requirements of this section."
l.
R401.3 Drainage. 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 six (6) inches
(152 mm) within the first ten (10) feet (3,048 mm). Gutter discharge
and sump pump discharge shall not extend to a point closer than five
(5) feet from a side lot line or ten (10) feet from a rear lot line,
lot line along a street right-of-way, or sidewalk.
m.
R405.1 Concrete or masonry foundations. Drains shall be provided
around all concrete or masonry foundations that retain earth and enclose
habitable or usable spaces located below grade. Drainage tiles, gravel
or crushed stone drains, perforated pipe or other approved systems
or materials shall be installed at or below the area to be protected
and shall discharge by gravity or mechanical means into an approved
drainage system. Gravel or crushed stone drains shall extend at least
one (1) foot (305 mm) beyond the outside edge of the footing and either
six (6) inches (152 mm) above the top of the footing and be covered
with an approved filter membrane material or eighteen (18) inches
above the top of the footing when not covered with filter membrane
material. The top of open joints of drain tiles shall be protected
with strips of building paper. Perforated drains shall be surrounded
with an approved filter membrane or the filter membrane shall cover
the washed gravel or crushed rock covering the drain. Drainage tiles
or perforated pipe shall be placed on a minimum of two (2) inches
(51 mm) of washed gravel or crushed rock at least one (1) sieve size
larger than the tile joint opening or perforation and covered.
n.
R501.3 Fire Protection of Floors — Deleted.
o.
R507.2.3 Deck Lateral Load Connection — Deleted.
p.
R602.6.1 Drilling and notching of top plate. When piping or
ductwork is placed in or partly in an exterior wall or interior load-bearing
wall, necessitating cutting, drilling or notching of the top plate
by more than fifty percent (50%) of its width, a galvanized metal
tie not less than fifty-four thousandths (0.054) inch thick (1.37
mm) (16 ga) and one and one-half (1 1/2) inches (38 mm) wide
shall be fastened across and to the plate at each side of the opening
with not less than four (4) 10d (0.148 inch diameter) having a minimum
length of one and one-half (1 1/2) inches (38 mm) at each side
or equivalent. The metal tie must extend a minimum of six (6) inches
past the opening. See Figure R602.6.1.
q.
N1101.8 (R103.2) Information on construction documents. Information
on construction documents shall be submitted in accordance with Section
R106.
r.
Table N1102.1.1 (R402.1.1) — Amend the table
to read:
|
Table N1102.1.1 (R402.1.1)
Insulation and Fenestration Requirements by Componenta
| ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
|
Climate Zone
|
Fenest- ration U-Factorb
|
Sky- lightb U-Factor
|
Glazed Fenest- ration SHGCb, c
|
Ceiling R-Value
|
Wood Frame Wall R-Value
|
Mass Wall R-ValueI
|
Floor R-Value
|
Base- mentc Wall R-Valuei
|
Slabd R-Value and Depth
|
Crawl Spacec Wall R-Value
|
|
4
|
0.35
|
0.55
|
0.40
|
49
|
13
|
8/13
|
19
|
10/13
|
0/13
| |
s.
N1102.2.8 Basement Walls — Deleted.
t.
N1102.4 Air Leakage Test — Deleted.
u.
Table N1102.4.1 Air Barrier and Insulation — Delete
Fireplaces to have gasketed doors.
v.
N1102.4.1.2 (R402.4.1.2) Testing. Where required by the Building
Official, the building or dwelling unit shall be tested and verified
as having an air leakage rate of not exceeding five (5) air changes
per hour in Zones 1 and 2, and 3 air changes per hour in Zones 3 through
8. Testing shall be conducted with a blower door at a pressure of
two-tenths (0.2) inches w.g. (50 Pascals). Where required by the Building
Official, testing shall be conducted by an approved third party. A
written report of the results of the test shall be signed by the party
conducting the test and provided to the Building Official. Testing
shall be performed at any time after creation of all penetrations
of the building thermal envelope.
w.
N1103.1.1 Programmable Thermostat — Deleted.
x.
N1103.2 Ducts — Deleted.
y.
N1103.2.3 Building Cavities — Deleted.
z.
N1103.4.1 Circulating Hot Water Systems — Deleted.
aa.
N1103.4.2 (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 larger than 3/4-inch 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.
bb.
N1104.1 Lighting Equipment — Deleted.
cc.
M1503.4 Makeup air required. If the house tests at three (3)
air exchanges or less, then exhaust hood systems capable of exhausting
in excess of four hundred (400) cubic feet per minute (0.19 m3/s)
shall be provided with makeup air at a rate approximately equal to
the exhaust air rate. Such makeup air systems shall be equipped with
a means of closure and shall be automatically controlled to start
and operate simultaneously with the exhaust system.
dd.
M1601.4.1 Joints, seams and connections. All longitudinal and
transverse joints, seams and connections in metallic and non-metallic
ducts shall be constructed as specified in SMACNA HVAC Duct Construction
Standards — Metal and Flexible and NAIMA Fibrous Glass Duct
Construction Standards. All joints, transverse seams, and connections
in ductwork shall be securely fastened and sealed with welds, gaskets,
mastics (adhesives), mastic-plus-embedded-fabric systems or tapes.
ee.
P2503 Inspections and Tests — Sections P2503.4,
P2503.5, P2503.6, and P2503.7 shall be amended by inserting "Where
required by the Building Official,"
ff.
P2603.5.1 Sewer depth. Building sewers that connect to private
sewage disposal systems shall be not less than thirty-six (36) inches
(mm) below finished grade at the point of septic tank connection.
Building sewers shall be not less than thirty-six (36) inches (mm)
below grade.
gg.
P2904 Dwelling Unit Fire Sprinkler System — Deleted.
hh.
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."
ii.
E3902.5 Unfinished basement receptacles. Amend and add:
Exceptions:
1.
A receptacle supplying only a permanently installed fire alarm
or burglar alarm system and identified as "NOT GFCI PROTECTED."
2.
A dedicated receptacle supplying a sump pump and identified
as "NOT GFCI PROTECTED."
3.
A dedicated receptacle supplying a refrigerator, or freezer
that is clearly identified as "NOT GFCI PROTECTED."
jj.
E3902.12 Arc-fault circuit-interrupter protection. 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.
kk.
E4002.14 Tamper-resistant receptacles — Deleted.
ll.
All reference to the International Electric Code shall be replaced
with the National Electrical Code.
B.
International Building Code.
1.
Adoption. The International Building Code,
2012, published by the International Code Council, Inc., including
all chapters, additional references, 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.
3.
Amendments. The following sections shall be
deleted or amended to read as follows:
a.
101.1 Title. Insert "City of Kearney."
b.
101.4.4 Property Maintenance — Deleted.
c.
101.4.6 Energy — Deleted.
d.
Section 103 — Department of Building Safety — Deleted.
e.
104.10 Modifications. Wherever there are practical difficulties
involved in carrying out the provisions of this code, the Building
Official shall have the authority to grant modifications for individual
cases, upon application of the owner or owner's representative, provided
the Building Official shall first find that special individual reason
makes the strict letter of this code impractical and the modification
is in compliance with the intent and purpose of this code and that
such modification does not lessen health, accessibility, life and
fire safety, or structural requirements. Modification involving fire
apparatus emergency access drives, fire suppression and/or fire alarm
systems must also be approved by the Kearney Fire and Rescue Protection
District. The details of action granting modifications shall be recorded
and entered in the files of the department of building safety.
g.
104.11 Alternative materials, design and methods of construction
and equipment. The provisions of this code are not intended to prevent
the installation of any material or to prohibit any design or method
of construction not specifically prescribed by this code, provided
that any such alternative has been approved. An alternative material,
design or method of construction shall be approved where the Building
Official finds that the proposed design is satisfactory and complies
with the intent of the provisions of this code, and that the material,
method or work offered is, for the purpose intended, at least the
equivalent of that prescribed in this code in quality, strength, effectiveness,
fire resistance, durability and safety. Modification involving fire
apparatus emergency access drives, fire suppression and/or fire alarm
systems must also be approved by the Kearney Fire and Rescue Protection
District.
h.
105.2 Work exempt from permit. Remove Exemption #7 regarding
fences over seven (7) feet high as an exemption.
i.
107.1 General. Amend section to read: Submittal documents consisting
of construction documents, statement of special inspections, geotechnical
report and other data shall be submitted in two (2) or more sets with
each permit application. The construction documents shall be prepared
by a registered design professional. Where special conditions exist,
the Building Official is authorized to require additional construction
documents to be prepared by a registered design professional.
j.
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 and Rescue Protection District for
review and approval. Shop drawings shall contain all information as
required by the referenced installation standards in Chapter 9.
k.
107.2.5. Site plan. The construction documents submitted with
the application for permit shall be accompanied by a site plan showing
to scale the size and location of new construction and existing structures
on the site, including easements, sewers, drains, utilities, etc.,
distances from lot lines, the established street grades and the proposed
finished grades and, as applicable, flood hazard areas, floodways,
and design flood elevations, and it shall be drawn in accordance with
an accurate boundary line survey. All decks, balconies, overhangs,
or other building protrusions shall be indicated and dimensioned.
In the case of demolition, the site plan shall show construction to
be demolished and the location and size of existing structures and
construction that are to remain on the site or plot. Site plans are
to also be submitted to the Kearney Fire and Rescue Protection District
for review and approval. The property owner or his or her agent shall
certify to the Building Official that the top of the foundation for
a building will be in conformance with the approved site plan, including
building elevations, site grading, erosion control devices, and building
setbacks. The Building Official is authorized to waive or modify the
requirement for a site plan when the application for permit is for
alteration or repair and does not affect the exterior features of
the building.
l.
108.1 General. The Building Official is authorized to issue
a permit for temporary structures and temporary uses, in accordance
with the Code of Ordinances 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.
m.
110.3.7. Energy efficiency inspections. Where required by the
Building Official, inspections shall be made to determine compliance
with Chapter 13 and shall include, but not be limited to, inspections
for: envelope insulation R- and U-values, fenestration U-value, duct
system R-value, and HVAC and water-heating equipment efficiency.
n.
113.1 General. The Kearney Board of Adjustment is hereby appointed
to act as the Board of Appeals.
o.
113.3 Qualifications — Deleted.
p.
1008.1.9.3 Locks and latches. Locks and latches shall be permitted
to prevent operation of doors where any of the following exists:
|
6.
|
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 and Rescue Protection District, shall be installed per manufactures
instructions near the fire access door.
|
q.
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 Code of Ordinances of the City of Kearney.
r.
3001.5 State Inspection. 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.
s.
H101.2 Signs exempt from permits. Deleted.
C.
International Plumbing Code.
1.
Adoption. The 2012 Edition of the International
Plumbing Code, published by the International Code Council, Inc.,
including all chapters, 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.
3.
Amendments. The following sections shall be
amended as follows:
a.
101.1 Title. Insert "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 Chapters 500 — 530 of the Code of Ordinances of the City of Kearney.
f.
Section 109 Means of Appeals. The Kearney Board of Adjustment
is hereby appointed to act as the Board of Appeals.
g.
305.4.1 Sewer Depth. Insert thirty-six (36) inches and thirty-six
(36) inches.
h.
701.2 Sewer required. Amend section to read: Buildings in which plumbing fixtures are installed and premises having drainage piping shall be connected to a public sewer, where available, or an approved private sewage disposal system in accordance with Chapter 715 of the Code of Ordinances of the City of Kearney and Clay County Health Department requirements.
i.
715.1 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. Plumbing fixtures
installed on a floor with a finished floor elevation above the elevation
of the elevation of the manhole cover of the next upstream unsealed
manhole may not discharge through a backwater valve.
D.
International Mechanical Code.
1.
Adoption. The 2012 Edition of the International
Mechanical Code, published by the International Code Council, Inc.,
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 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.
Additions. The following additions shall be
adopted:
a.
Appendix A — Chimney Connector Pass-Throughs.
3.
Amendments. The following sections shall be
amended as follows:
a.
101.1 Title. Insert "City of Kearney."
e.
108.5 Stop work orders. Upon notice from the Code Official that mechanical work is being done contrary to the provisions of this code or in a dangerous or unsafe manner, such work 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 Chapters 500 — 530 of the Code of Ordinances of the City of Kearney.
f.
Section 109 Means of Appeals. The Kearney Board of Adjustment
is hereby appointed to act as the Board of Appeals.
E.
International Fuel Gas Code.
1.
Adoption. The 2012 Edition of the International
Fuel Gas Code, published by the International Code Council, Inc.,
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 fuel gas
systems and gas-fired appliances in the City of Kearney providing
for the issuance of permits and collection of fees therefor.
2.
Additions. The following additions shall be
adopted:
a.
Appendix A — (IFGS) Sizing and Capacities of
Gas Piping.
b.
Appendix B — (IFGS) Sizing of Venting Systems
Serving Appliances Equipped with Draft Hoods, Category I Appliances
and Appliances.
c.
Appendix C — (IFGS) Exit terminals of Mechanical
Draft and Direct-Vent Venting Systems.
d.
Appendix D — Recommended Procedure for Safety
Inspection of an Existing Appliance Installation.
3.
Amendments. The following sections shall be
amended as follows:
a.
101.1 Title. Insert "City of Kearney."
e.
108.5 Stop work orders. Amend section to read: Upon notice from the Code Official that mechanical work is being done contrary to the provisions of this code or in a dangerous or unsafe manner, such work 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 Chapters 500 — 530 of the Code of Ordinances of the City of Kearney.
f.
Section 109 Means of Appeals. The Kearney Board of Adjustment
is hereby appointed to act as the Board of Appeals.
F.
National Electric Code.
1.
Adoption. The 2011 Edition of the National
Electrical Code, published by the International Code Council, Inc.,
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.
3.
Amendments. The following sections shall be
amended as follows:
a.
90.10 Administration and Enforcement. The administrative provisions for this code shall be those provisions contained in the Building Code adopted in Section 500.010 of the Code of Ordinances of the City of Kearney.
b.
210.12(A) Dwelling Units. All 120-volt, single phase, 15- and
20-ampere branch circuits supplying outlets installed in dwelling
unit bedrooms shall be protected by a listed arc-fault circuit interrupter,
combination-type, installed to provide protection of the branch circuit.
For these purposes, a smoke alarm or carbon monoxide alarm shall not
be considered an outlet and is not required to be on an arc-fault
circuit.
c.
334.10 Uses permitted. Amend section to read as follows:
334.10 Uses permitted. Type NM, Type NMC, and Type NMS cables
shall be permitted to be used in the following:
1.
One- and two-family dwellings and their attached or detached
garages and their storage buildings.
2.
Multi-family dwellings except as prohibited in Section 334.12.
3.
Other structures permitted except as prohibited in Section 334.12.
Cables shall be concealed within walls, floors, or ceiling that provide
a thermal barrier of material that has at least a fifteen-minute finish
rating as identified in listings of fire-rated assemblies.
4.
Cable trays where the cables are identified for the use.
(b)
Type NMC Type NMC cable shall
be permitted as follows:
(i)
For both exposed and concealed work in dry, moist, damp, or
corrosive locations, except as prohibited in Section 334.10(3).
(ii)
In outside and inside walls of masonry block or
tile.
(iii)
In shallow chase in masonry, concrete, or adobe
protected against nails or screws by a steel plate at least one-sixteenth
(1/16) inch thick and covered with plaster, adobe, or similar finish.
G.
International Fire Code.
1.
Adoption. The International Fire Code, 2012
Edition, published by the International Code Council, Inc., including
all appendix chapters, 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.
3.
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 108 Board of Appeals. The Kearney Board of Adjustment
is hereby appointed to act as the Board of Appeals for appeals within
the City limits pursuant to Section 108 of the 2012 Fire Code.
d.
109.4 Violation penalties. Any violation of the 2012 International Fire Code shall be prosecuted as an offense in the Kearney Municipal Court with penalties as set forth in Section 100.220 of the Kearney Municipal Code.
e.
507.5 Fire hydrant systems. Fire hydrant systems shall comply
with Sections 507.5.1 through 507.5.6.
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 three hundred (300) 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 three hundred (300) 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 six hundred (600) feet
(183 m).
f.
903.2.8 Automatic Sprinkler Systems, Group R — Deleted.
H.
International Swimming Pool And Spa Code.
1.
Adoption. The 2012 Edition of the International
Swimming Pool and Spa Code, published by the International Code Council,
Inc., including all chapters, appendices, additional references, tables
and illustrations, is hereby adopted to establish requirements for
the design, construction, alteration, repair and maintenance of swimming
pools, spas, hot tubs and aquatic facilities in the City of Kearney
providing for the issuance of permits and collection of fees therefor.
3.
Amendments. The following sections shall be
amended as follows:
a.
101.1 Title. Insert: Insert "City of Kearney."
e.
Section 107.5 Stop Work Orders. Upon notice from the Code Official, work on any 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 in or about the structure 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 Chapters 500 — 530 of the Code of Ordinances of the City of Kearney.
f.
Section 108 Means of Appeals. The Kearney Board of Adjustment
is hereby appointed to act as the Board of Appeals.
I.
National Green Building Standard.
1.
Adoption. The 2008 Edition of the National
Green Building Standard (ICC 700-2008), published by the National
Association of Home Builders and International Code Council, Inc.,
including all chapters, appendices, additional references, tables
and illustrations, is hereby adopted to establish performance criteria
and practices for the voluntary design, construction, and remodeling
of green residential development in the City of Kearney providing
for the issuance of permits and collection of fees therefor.
J.
International Property Maintenance Code.
1.
Adoption. The 2012 Edition of the International
Property Maintenance Code, published by the International Code Council,
Inc., including all chapters, 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.
3.
Amendments. The following sections shall be
amended as follows:
a.
A101.1 Title. Insert "City of Kearney."
c.
A108.1.4 Unlawful structure. An unlawful structure is one found
in whole or in part to be occupied by more persons than permitted
under this code, or was erected, altered, or occupied or maintained
contrary to law.
d.
A111.1 Application for appeal. Any person directly affected by a decision of the Code Official or a notice or order issued under this code shall have the right to appeal to the Kearney Board of Adjustment, per Section 405.085 of the Code of Ordinances of the City of Kearney, provided that a written application for appeal is filed within twenty (20) days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means.
e.
302.4 Weeds. All premises and exterior property shall be maintained
free from weeds or plant growth per Section 215 of the Code of Ordinances
of the City of Kearney.
f.
304.3.1 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 (102 mm) in height with a minimum
stroke width of five-tenths (0.5) inch (12.7 mm).
Exceptions:
1.
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);
2.
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.
g.
304.14 Insect screens. Amend to include the period of May 15
through October 15.
h.
602.3 Heat Supply. Amend to include the period of October 15
through May 15.
i.
602.4 Occupiable workspaces. Amend to include the period of
October 15 through May 15.
[Ord. No. 851-01, 3-5-2001; Ord. No. 1262-2014 §1, 8-18-2014]
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.
[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 §1, 11-20-2000; Ord. No. 1393-2019, 3-18-2019]
The Building Inspector shall issue all building permits within
the City of Kearney, Missouri.
[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 §4, 11-20-2000]
Water and sewer applications for service must be approved by
the Water and Sewer Superintendent before the issuance of a building
permit.
[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).
4.
Electrical permit. (The fee shall be as follows
for each main panel box and each sub panel box.)
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 500.030 — 500.110 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:
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.
