Chapter 4 · Buildings and Construction
Article 2. Building Codes Adopted
4-201 Butler County Building Code incorporated.
(a)The Butler County Building Code, as presently adopted and as hereafter amended, supplemented, revised, replaced or readopted from time to time by the Board of County Commissioners of Butler County, Kansas, is hereby adopted and incorporated by reference as the Building Code of the City of Douglass, Kansas. It is the express legislative intent of the Governing Body that amendments, supplements, revisions and replacement editions lawfully adopted by Butler County shall, upon their effective date in Butler County, be incorporated into and become part of the Building Code of the City without the necessity of further ordinance or other legislative action by the City.
(b)References in the Butler County Building Code to the Board of County Commissioners or other governing body shall mean the Governing Body of the City of Douglass with respect to the exercise of legislative authority, the adoption or amendment of ordinances, the commencement of judicial proceedings on behalf of the City, or any other power which by law must be exercised by the Governing Body of the City; provided, however, that administrative functions may be performed by Butler County officers, employees, boards or agencies to the extent authorized by law and by an agreement entered into under Section 4-202.
(c)In accordance with K.S.A. 12-3010, and amendments thereto, at least one copy of the Butler County Building Code and all amendments incorporated herein shall be marked or stamped “Official Copy as Incorporated by Ordinance No. 944”, shall have a copy of the incorporating ordinance attached thereto, and shall be filed with the City Clerk and available for public inspection during reasonable business hours.
(d)City Administrative Fees. In addition to any permit fees, inspection fees, plan review fees, contractor fees, or other charges imposed pursuant to the Butler County Building Code, as adopted by the City, the Governing Body of the City of Douglass may from time to time establish by resolution such administrative, processing, application, technology, recordkeeping, or other City fees as the Governing Body determines are reasonable and appropriate in connection with the administration of the City’s building-code program. Any such City fee shall be separate from and in addition to fees or charges imposed or collected by Butler County under the Butler County Building Code or pursuant to any agreement between the City and Butler County. City administrative fees may be collected by the City, or, if authorized by agreement, by Butler County on behalf of the City, and shall be remitted and accounted for in the manner established by the City or the applicable agreement. The establishment, amendment, or repeal of any fee under this subsection shall not require amendment of this Article or of the Butler County Building Code.
(Ord. 731; Code 2007; Ord. 872; Code 2022; Ord. 944)
4-202 Administration by Butler County; agreement authorized,
(a)The City may contract or otherwise enter into an agreement with Butler County, Kansas, for the administration of the Building Code adopted by Section 4-201 and for the performance of building and related inspection services within the City.
(b)Any such agreement may provide, to the extent permitted by law, for Butler County and its officers, employees and agents to perform on behalf of the City such functions as plan review, issuance of building and trade permits, collection of permit and inspection fees, contractor licensing, inspections, issuance of notices or orders, stop-work orders, administrative enforcement, maintenance of records, administrative appeals, and such other building-code administration and enforcement services as may be agreed upon by the City and Butler County.
(c)Any agreement authorized by this section may be entered into under K.S.A. 12-2908, and amendments thereto, or pursuant to any other authority provided by law.
(d)While acting pursuant to an agreement authorized by this section, the Butler County Building Official, inspectors and other designated Butler County officers and employees may exercise within the City those administrative powers and duties assigned to them by the Building Code and the agreement, to the extent permitted by law.
(e)The Governing Body is authorized to approve, amend, renew, replace or terminate any agreement contemplated by this section. Upon approval by the Governing Body, the Mayor and City Clerk are authorized to execute such agreement on behalf of the City.
(Ord. 731; Code 2007; Ord. 944)
4-203 Discontinued electrical service.
An electrical inspection to be performed by a code official or inspector on structures from which electrical service has been discontinued for six months or more. A standard building permit and applicable fee must be received by the City prior to the performance of such inspection. If the system is found to be satisfactory, the code official or inspector shall notify the electrical utility company that service can be restored.
(Ord. 814; Code 2022)