The International Residential Code, 2006 Edition, including all appendix chapters is hereby incorporated by reference herein and made a part of the Code of the City of Andover, Kansas, save, and except such portions as are hereinafter or may hereafter be deleted or amended, as authorized and in the manner prescribed by the provisions of K.S.A. 12-3010.

(Ord. 1386, Sec. 1; Code 2011)

(a)   Section R103 is hereby deleted in its entirety.

(b)   Section R105.2 Subsection Building: 2. is hereby deleted in its entirety.

(c)   Section R105.7 is hereby deleted in its entirety.

(d)   Section R106.1.3 is hereby deleted in its entirety.

(e)   Section R106.3.1 is hereby deleted in its entirety.

(f)    Section 109.1.3 is hereby deleted in its entirety.

(g)   Section R317.1 subsection Exceptions: 2. is hereby deleted in its entirety.

(h)   Section R319.1 subsection 7. is hereby deleted in its entirety.

(i)    Section R320.1.2 is hereby deleted in its entirety.

(j)    Section R613.2 is hereby deleted in its entirety.

(k)   Section R801.3 is hereby deleted in its entirety.

(l)    Section E3802 is hereby deleted in its entirety.

(Ord. 1386, Sec. 2)

Changes, additions, and deletions to sections of the International Residential Code, 2006 Edition and the appendices thereto are adopted only as set forth hereinafter:

(a)   101.1 TITLE. These regulations shall be known as the Residential Code of the City of Andover, hereinafter referred to as the “residential code,” the “I.R.C.,” or “this code.”

(b)   Section 102 is hereby amended by adding a new Section 102.4.2, which shall read as follows:

102.4.2 REFERENCE CODES.

(1)   Whenever used in the Residential Code, the term “ICC Electrical Code” shall be construed to mean the current City of Andover Electrical Code

(2)   Whenever used in the Residential Code, the term “International Fuel Gas Code” shall be construed to mean the current City of Andover Plumbing or Flue Gas Code.

(3)   Whenever used in the Residential Code, the term “International Mechanical Code” shall be construed to mean the current City of Andover Mechanical Code.

(4)   Whenever used in the Residential Code, the term “International Plumbing Code” shall be construed to mean the current City of Andover Plumbing Code.

(5)   Whenever used in the Residential Code, the term “International Existing Building Code” shall be construed to mean the current City of Andover Building Codes currently adopted by the City of Andover.

(c)   RI04.6 RIGHT OF ENTRY. The Building Official shall have authority to enter upon premises at reasonable hours for the purpose of making inspections. Entry shall be made so as to cause the least possible inconvenience to any person in possession of the structure. If entry is denied, the Building Official may seek an order for this purpose from a court of competent jurisdiction.

(d)   Section 105 is hereby amended to read as follows:

R105.2 WORK EXEMPT FROM PERMIT. Subsection Building:

(1)   One - story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does exceed 100 square feet.

(e)   Section 109 is hereby amended by adding a new Section R109.5.3, which shall read as follows:

R109.5.3 FOUNDATION AND GRADING AS-BUILT CERTIFICATION INSPECTION.

       Whenever a structure is constructed on a property which is encumbered by a master drainage plan, the finished elevations of all points on the subject of and structure referenced in the master drainage plan shall be verified for compliance with the master drainage plan by a surveyor licensed to practice in the State of Kansas. A certificate of such as-built survey shall be provided to the Building Official for approval prior to the issuance of a certificate of occupancy. Any deviations from the master drainage plan must be approved by the engineer of record and the city engineer prior to issuance of a certificate of occupancy.

(f)    Section 108.2 is amended to include new sections 108.2.1 and 108.6 which shall read as follows:

108.2.1 FEE SCHEDULE. The fees for various permits and inspections shall be indicated in Article I of this Chapter of the Code of the City of Andover.

108.6 FEE REFUND. The code official shall authorize the refunding of fees as follows:

(1)   The full amount of any fee paid hereunder which is erroneously paid or collected.

(2)   Not more than 90% of the permit fee paid when no work has been done under a permit issued in accordance with this code.

(3)   Not more than 90% of the plan review fees paid when an application for a permit for which a review fee was paid and is withdrawn or canceled.

Plans resubmitted shall be subject to the full plan review fee. The code official shall not authorize the refund of any fees 180 days after the date a fee is received.

(g)   R112 BOARD OF APPEALS. 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 code, a Board of Appeals is hereby created in Chapter 4, Article I of the Code of the City of Andover.

(h)   R113.4 VIOLATION PENALTIES. Persons who shall violate any provision of this code, or shall fail to comply with any of the requirements thereof, or who shall erect, install, alter or repair electrical work in violation of the approved construction documents or directive of the Building Official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $500.00 (five hundred) dollars, or by imprisonment not exceeding 30 (thirty) days, or both such fine and imprisonment. Each day a violation continues after due notice has been served shall be deemed a separate offense.

(i)    R114.2 UNLAWFUL CONTINUANCE. Any person who shall continue any work after having been served with a stop work order, except such work as that person was directed to perform to remove a violation of unsafe condition shall be liable for a fine of not less than $25.00 dollars, and not more than $100.00 dollars. Said fine shall be collected prior to re-inspection.

(j)    Section R301 shall be amended as follows:

Table R301.2(1)

(k)   Section R303 shall be amended as follows:

R303.3 BATHROOMS. Bathrooms, water closet compartments and other similar rooms shall be provided with aggregate glazing area in windows of not less than 3 square feet (0.3 m²) , one half of which must be openable.

Exception: The glazed areas shall not be required where artificial light and a mechanical ventilation system are provided. The minimum ventilation rates shall be 50 cubic feet per minute (24 L/s) for intermittent ventilation or 20 cubic feet per minute (10 L/s) for continuous ventilation. Ventilation air from the space shall be exhausted to the outside.

R303.6 STAIRWAY ILLUMINATION. All interior and exterior stairways shall be provided with a means to illuminate the stairs, including the landings and treads. Interior stairways shall be provided with an artificial light source located in the immediate vicinity of each landing of the stairway. Exterior stairways shall be provided with an artificial light source located in the immediate vicinity of the top landing of the stairway. Exterior stairways providing access to a basement from the outside grade level shall be provided with an artificial light source located in the immediate vicinity of the bottom landing of the stairway.

(l)    R310.1.3 MINIMUM OPENING WIDTH. The minimum net clear opening width shall be 17 inches (432 mm).

(m)  Section R311 shall be amended as follows:

R311.4.3 LANDINGS AT DOORS. Subsection Exceptions: 1. shall be amended to read as follows:

(1)   Where a stairway with 30” total rise or less is located on the exterior side of a door, other than the required exit door, a landing is not required for the exterior side of the door provided the door, other than an exterior storm or screen door does not swing over the stairway.

R311.5.3.1 RISER HEIGHT. The maximum riser height shall be 8” (203 mm). The riser shall be measured vertically between leading edges of the adjacent treads. The greatest riser height within any flight of stairs shall not exceed the smallest by more than 3/8 inch (9.5 mm).

R311.5.3.2 TREAD DEPTH. The minimum tread depth shall be 9 inches (229 mm). The tread depth shall be measured horizontally between the vertical planes of the foremost projection of adjacent treads and at a right angle to the tread's leading edge. The greatest tread depth within any flight of stairs shall not exceed the smallest by more than 3/8 inch (9.5 mm). Winder treads shall have a minimum tread depth of 9 inches (229 mm). Measured as above at a point 12 inches (305 mm) from the side where the treads are narrower. Winder treads shall have a minimum tread depth of 6 inches (152 mm) at any point. Within any flight of stairs, the largest winder tread depth at the 12 inch (305 mm) walk line shall not exceed the smallest by more than 3/8 inch (9.5 mm).

R311.5.6.3 HANDRAIL GRIP SIZE. Subsection Exceptions: 2. shall be amended to read as follows:

2.     Type II. Handrails with a perimeter greater than 6 1/4 inches (160 mm) shall provide a graspable finger recess area. The finger recess shall begin within a distance of ¾ inch (19 mm) measured vertically from the tallest portion of the profile and achieve a depth of at least 5/16 inch (8 mm) within 7/8 inch (22 mm) below the widest portion of the profile. This required depth shall continue for at least 3/8 inch (10 mm) to a level that is not less than 1 ¾ inches (45 mm) below the tallest portion of the profile. The minimum width of the handrail above the recess shall be 1 1/4 inches (32 mm) to a maximum of 2 ¾ inches (70 mm). Edges shall have a minimum radius of 0.01 inch (0.25 mm).

(n)   R312.1 GUARDS. shall be amended to include the following:

Exceptions:

(1)   Walk out pits not more than 44” below grade shall not require guards.

(o)   R321.1 PREMISES IDENTIFICATION. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches (102 mm) high with a minimum stroke width of 0.5 inch (12.7 mm).

(p)   R403.1.4.1 subsection Exceptions: shall be amended to read as follows:

(1)   Protection of freestanding accessory structures with an area of 400 square feet or less, of light framed construction, with eaves of 10 feet or less shall not be required.

(2)   Decks not supported by a dwelling need not be provided with footings that extend below the frost line.

(q)   R502.11.4 TRUSS DESIGN DRAWINGS. Truss prints shall be available on the job site during inspections.

(r)    R702.4.2 CEMENT, FIBER - CEMENT AND GLASS MATT GYPSUM BACKERS. Cement, fiber - cement or glass mat gypsum backers in compliance with ASTM C 1288, C 1325 or C 1178 and installed in accordance with manufacturers' recommendations shall be used as backers for wall tile in shower areas and wall panels in shower areas.

(s)   R8020.10.1 TRUSS DESIGN DRAWINGS. Truss prints may be required by the Building Official for review prior to construction. Truss prints shall be available on the job site during inspections.

(t)    R807.1 ATTIC ACCESS. Buildings with combustible ceiling or roof construction shall have an attic access opening to attic areas that exceed 120 square feet (11 m²) and have a vertical height of 30 inches (762 mm) or more.

The rough - framed opening shall not be less than 22 inches by 30 inches (559 mm by 762 mm) and shall be located in a hallway or other readily accessible location. A 30 - inch (762 mm) minimum unobstructed headroom in the attic space shall be provided at some point above the access opening. See Section M1305.1.3 for access requirements where mechanical equipment is located in attics.

(u)   R1308.2 PROTECTION AGAINST PHYSICAL DAMAGE. In concealed locations where piping, other than cast - iron or galvanized steel, is installed through holes or notches in studs, joists, rafters or similar members less than 1.5 inches (38 mm) from the nearest edge of the member, the pipe shall be protected by shield plates. Protective shield plates shall be a minimum of 0.062 - inch - thick (1.6 mm) steel, shall cover the area of the pipe where the member is notched or bored.

(v)   R1501.1 OUTDOOR DISCHARGE. The air removed by every mechanical exhaust system shall be discharged to the outdoors. Air shall not be exhausted into a soffit, ridge vent or crawl space.

(w)  G2415.1 PROHIBITED LOCATIONS. shall be amended by adding the following section:

Exception: Such piping may be installed through ventilated attic spaces with limited or no tenant access.

(x)   G2415.5 PROTECTION AGAINST PHYSICAL DAMAGE. In concealed locations, where piping other than black or galvanized steel is installed through holes or notches in wood studs, joists, rafters or similar members less than 1.5 inches (38 mm) from the nearest edge of the member, the pipe shall be protected by shield plates. Shield plates shall be a minimum of 1/16-inch - thick (1.6 mm) steel, shall cover the area of the pipe where the member is notched or bored.

(y)   P2603.6.1 SEWER DEPTH. Building sewers that connect to private sewage disposal systems shall be a minimum of 12” inches (305 mm) below finished grade at the point of septic tank connection. Building sewers shall be a minimum of 12” inches (305 mm) below grade.

(z)   P3114.3 WHERE PERMITTED. Air admittance valves may be permitted when conventional venting may not be practical if approved by the code official.

(aa)  E3508.1 GROUNDING ELECTRODE SYSTEM. Concrete - encased electrode systems, as specified in section E3508.1.2 shall be present at each building or structure to form the grounding electrode system.

Exception: Concrete - encased electrodes of existing buildings or structures shall not be required to be part of the grounding electrode system where the steel reinforcing bars or rods are not accessible for use without disturbing the concrete. In such cases one or more of the electrodes specified in Sections E3508.1.1, E3508.1.3, E3508.1.4 and E3508.1.5 shall be installed and used.

(bb) Subsection AG105.2(9) of Appendix G (separating the wall of a dwelling unit from the general definition of barrier) is hereby deleted, and dwelling units shall be considered a part of the recognized barrier.

(Ord. 1386; Ord. 1569)

Not less than three (3) copies of the Residential Code incorporated by reference in Section 4-1601 shall be filed with the City Clerk. Such copies shall be marked or stamped “Official Copy as Incorporated by Ordinance No. 1386 with all sections or portions thereof intended to be omitted clearly marked to show any such omissions. Such copies shall have attached a copy of this article, and shall be open to inspection and available to the public during all reasonable business hours.

(Ord. 1386, Sec. 3; Code 2011)

The Building Official shall have the authority to promulgate such rules and regulations as are necessary to carry out the purpose of the Residential Code as adopted in Section 4-1601.

(Ord. 1386, Sec. 3)