This Article 1 shall be known as the Administration, Permits, Licensing and Fees Article of Chapter IV of the Code of the City of Andover, Kansas (the “Code”).
(Ord. 1385; Ord. 1667)
The Department of Building Inspection and Code Enforcement (the “Building Department”) is hereby created and the person in charge of the Building Department shall be known as the “Building Official”. The Building Official shall have the authority to enforce the Building, Residential Building, Electrical, Mechanical, and Plumbing Codes along with any other new construction, nuisance or property maintenance codes as adopted by the City of Andover, Kansas, whenever the Code refers to the Building Official as the enforcing officer. The Building Official shall have the authority and responsibilities as enumerated in the respective provisions of the Code.
(Ord. 1385; Ord. 1667)
In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this Chapter 4 of the Code (excepting of the Fire Code of the City of Andover, Kansas), there shall be and is hereby created a Board of Appeals (the “Board”).
(Ord. 1385; Ord. 1667)
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 an equally good or better form of construction is proposed. The Board shall have no authority to waive requirements of this Code. In the course of fulfilling its obligations, the Board may request informal advice from Contractors (herein defined) or registered design professionals or may request retention of a consultant subject to approval by the City Administrator or Mayor.
(Ord. 1385; Ord. 1667)
The application for appeal shall be filed on a form obtained from the Building Official within twenty (20) days after receipt of notice of a determination by the Building Official.
(Ord. 1385; Ord. 1667)
The Board shall consist of three (3) persons appointed by the City of Andover governing body as follows:
1. One for three (3) years; one for two (2) years; and one for one (1) year.
2. Thereafter, each new member shall serve for three (3) years or until a successor has been appointed, such that one member shall normally be appointed in each year.
Board members may serve consecutive terms upon re-appointment. The Building Official shall be an ex officio member of the Board but shall have no vote on any matter before the Board.
(Ord. 1385; Ord. 1667)
The governing body may appoint one or more alternate members who may be called by the Board Chairperson (hereinafter defined) to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for Board membership and shall be appointed for three (3) years, or until a successor has been appointed.
(Ord. 1385; Ord. 1667)
The Board shall consist of three individuals, one from each of the following professions or disciplines:
1. Registered design professional, either architect or engineer, with experience in the architectural design or architectural engineering design of commercial projects.
2. General Contractor, Class A or Building Contractor, Class B.
3. Mechanical, Plumbing or Electrical Contractor.
(Ord. 1385; Ord. 1667)
The Board is authorized to establish policies and procedures necessary to carry out its duties.
(Ord. 1385; Ord. 1667)
The Board shall annually select one of its members to serve as “Chairperson”, which shall not be the Building Official.
(Ord. 1385; Ord. 1667)
A member of the Board shall not hear an appeal in which that member has any personal, professional or financial interest.
(Ord. 1385; Ord. 1667)
The Board shall designate a qualified clerk to serve as “Secretary” to the Board, who shall not be required to be a Board member. The Secretary shall file a detailed record of all proceedings in the office of the Building Official.
(Ord. 1385; Ord. 1667)
The Board shall meet upon notice from the Chairperson, within ten (10) days of the filing of an appeal or at the stated periodic meetings hereafter established by the Board.
(Ord. 1385; Ord. 1667)
All hearings before the Board shall be open to the public. Any appellant, the appellant’s representative, the Building Official and any person whose interests are affected shall be given an opportunity to be heard.
(Ord. 1385; Ord. 1667)
The Board shall adopt and the Secretary shall make available to the public procedures under which Board hearings will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received.
(Ord. 1385; Ord. 1667)
When all three Board members are not present to hear an appeal, either the appellant or the appellant’s representative shall have the right to request a postponement of the hearing.
(Ord. 1385; Ord. 1667)
The Board may, at its discretion, adopt any regular meeting date, day of month or frequency. The Board shall, however, meet at least once in the month of December for an annual review of Department activities.
(Ord. 1385; Ord. 1667)
The Board may concur, modify or reverse the decision of the Building Official by a majority vote of its members.
(Ord. 1385; Ord. 1667)
The decision of the Board shall be by resolution. Certified copies of the resolution shall be furnished to the appellant and to the Building Official.
(Ord. 1385; Ord. 1667)
The Building Official shall take immediate action in accordance with the decision of the Board.
(Ord. 1385; Ord. 1667)
Permits are required for various types of construction within the corporate limits of the City of Andover, Kansas in accordance with the Code generally, including the following subsections:
(Ord. 1385; Ord. 1667)
Building, residential building, plumbing, mechanical, electrical, gas and other permits are as required by the construction and trade codes as incorporated by, or otherwise set forth in, this Chapter IV of the Code.
(Ord. 1385; Ord. 1667)
Building and Zoning Permits are required by the “Zoning Regulations” of the Code. Building permits will also serve as zoning permits, if there are zoning requirements which must be met as a condition of the permit approval or for which the Zoning Administrator’s (or equivalent) approval is required. Other zoning permits which may be administered by the Department, under the authority of the Zoning Administrator, include but are not limited to sign and fence permits.
(Ord. 1385; Ord. 1667)
Flood plain development permits are issued and administrated by the Andover Flood Plain Administrator under the Andover Flood Plain Regulations established in the “Zoning Regulations” of the Code. When practicable, issuance of flood plain development permits shall be coordinated with new construction permits.
(Ord. 1385; Ord. 1667)
A permit is required for the placement or installation of mobile homes or manufactured homes which are placed or installed on a permanent foundation in compliance with applicable provisions of the Code. Mobile homes and manufactured homes are defined in the Zoning Regulations of the Code.
(Ord. 1385; Ord. 1667)
Permits required for fire protection and apparatus (governed by Article 1, Chapter VII of the Code) are issued and inspections performed under the authority of the Andover Fire Marshall. When practicable, issuance of fire code permits shall be coordinated with new construction permits.
(Ord. 1385; Ord. 1667)
Construction upon or any modifications to existing towers or structures which support communication antenna, cellular or other equipment (to the extent excluded from building and electrical permit requirements) shall nonetheless require a permit, in accordance with rules established by the Building Official.
(Ord. 1385; Ord. 1667)
The Building Official may require that a permit be obtained for various site construction, alteration or improvements to facilitate administration of other construction codes. Site improvements may consist of plumbing, electrical, lighting, underground facilities, drainage works or other similar site improvements or amenities.
(Ord. 1385; Ord. 1667)
Permits are required for the installation of lawn irrigation systems, demolition of structures or facilities, construction of drive approaches (including drainage pipes under drive approaches) and earth grading. The Building Official may administratively establish other categories of permits, including, but not limited to, informational permits or permit categories related to a specialized type of construction. The Building Official may establish fees for these permits commensurate with similar permits, unless fees are established by the Code.
(Ord. 1385; Ord. 1667)
Building, electrical, mechanical, plumbing and fire code permit fees, as well as certain other permit and related fees are hereby authorized and shall be in such amounts as from time to time established by written resolution of the governing body.
(Ord. 1385; Ord. 1667)
(Ord. 1385; Ord. 1667; Ord. 1968)
Any contractor conducting business which requires permits in accordance with Chapter IV, Article 1, Section 4-104 shall be licensed with the Wichita/Sedgwick County Metropolitan Area Building and Construction Department, except for those listed below in Section 4-106.2.
(Ord. 1385; Ord. 1667; Ord. 1968)
The following categories of licenses may be issued upon submission of complete application, evidence of insurance and payment of registration fee:
(a) Sign contractor
(b) Fence contractor
(c) Irrigation system contractor
(d) Drive approach contractor
(e) Cell tower contractor
(f) Demolition contractor
(g) Grading contractor
(Ord. 1385; Ord. 1667; Ord. 1968)
Prior to the issuance of a permit, the contractor shall file a certificate of insurance reflecting comprehensive general liability insurance coverage (with independent contractor and contractual coverage) in an amount not less than five hundred thousand dollars ($500,000.00) in the aggregate and for each occurrence for bodily injury and property damage. Such certificates of insurance shall also reflect that the applicant maintains workers compensation insurance and automobile liability insurance as required by state law. Such certificate shall also contain substantially the following statement: “the insurance covered by this certificate will not be cancelled or materially altered except after thirty (30) days written notice has been received by the City of Andover, Kansas.” Upon receipt of any notice of cancellation or alteration of said insurance, contractor shall within five (5) days procure other policies of insurance which satisfy the requirement. If the contractor fails to provide, procure and deliver acceptable certificates thereof, it shall be cause for immediate cancellation of the contractor’s permit.
(Ord. 1385; Ord. 1667; Ord. 1968)
Any person, firm or corporation violating or failing to comply with the provisions hereof shall, upon first conviction thereof, be fined in a sum not less than one hundred twenty-five dollars ($125.00) nor more than two hundred fifty dollars ($250.00); upon second conviction thereof, shall be fined the sum of not less than two hundred fifty dollars ($250.00) nor more than five hundred dollars ($500.00); and, upon the third and each subsequent conviction thereof, shall be fined a sum of not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00).
(Ord. 1385; Ord. 1667; Ord. 1968)
The Building Official shall have the authority to promulgate such rules and regulations as are necessary to carry out the purposes of this enactment.
(Ord. 1385; Ord. 1667)