ORDINANCE NO. 180570
Amending Chapter 18, Code of
Ordinances, entitled Buildings and Building Regulations, by repealing Sections
18-19 and 18-21 and enacting in lieu thereof new sections of like numbers and
subject matters for the purpose of addressing the impact of any new regulations
on previously issued permits and establishing parameters for re-inspections.
WHEREAS, Kansas
City welcomes real estate development and redevelopment activities that
contribute to the vibrancy of the City; and
WHEREAS, the
City’s goal is to minimize the regulatory burden on developers, while
fulfilling its obligation to protect the public welfare; and
WHEREAS, the
City Council desires to ensure that the City’s permitting processes are
streamlined and business friendly, and encourage and promote development and
investment in the City; and
WHEREAS, in
November 2013, the City Planning and Development Director engaged Paul Zucker,
dba Zucker Systems, to review and evaluate the Department of City Planning and
Development’s service processes and performance; and
WHEREAS, in July
2014, Zucker Systems completed its report entitled “City Planning and
Development Department Analysis” with 324 recommendations for improvements to
the City development and permitting processes; and
WHEREAS, since
the Zucker Report was completed in July 2014, the review of the City’s
development and permitting processes would further benefit from eliminating
conflicts within the City’s various departments and personnel completing
inspections that greatly increase costs of development and negatively affect
the desire to invest capital in Kansas City, Missouri; and
WHEREAS, since
2014, the economy of the nation and the City has greatly improved, and
inefficient processes and approvals have the potential to negatively affect the
City’s ability to continue to grow and respond in a good market environment and
economy.
WHEREAS, Kansas
City will lose quality developers and projects if it is not able to meet the
demands of those persons/companies desiring to invest capital in the City, as
“capital goes where it is welcomed and appreciated”; and
WHEREAS, the
City Council desires to take immediate actions to address identified existing
problems and desires to direct the City Manager to further study additional
improvements that can be made to improve the City’s development and permitting
processes, both in terms of timing and cost; NOW, THEREFORE,
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section 1. That
Chapter 18, Code of Ordinances of the City of Kansas City, Missouri, is hereby
amended by repealing Sections 18-19, Issuance of permits; expiration of permits
and applications; suspension or revocation of permits; review of application,
and 18-21, Inspections, and enacting in lieu thereof new sections of like
numbers and subject matters, to read as follows:
Sec. 18-19. Issuance of permits; expiration of permits
and applications; suspension
or revocation of permits; review of
application.
(a)
Generally.
(1)
Application examined. The building official shall examine or
cause to be examined the application and accompanying construction documents
filed by an applicant for a permit under this chapter. Such construction
documents may be reviewed by other departments of the city to verify compliance
with any applicable laws under their jurisdiction. If the building official
finds that the work described in an application for a permit and the
construction documents filed therewith conform to the requirements of this code
and other pertinent laws and ordinances, and that the fees specified in section
18-20 have been paid, he shall issue a permit therefor to the applicant.
(2)
Time limitation of application. An application for a permit for
any proposed work shall expire by limitation and be deemed to have been
abandoned 180 days after the date of filing, unless such application has been
pursued in good faith or a permit has been issued; except that the building
official is authorized to grant one or more extensions of time for additional
periods not exceeding 90 days each. The extension shall be requested in
writing and justifiable cause demonstrated. Plans and other data submitted for
review, but deemed to have been abandoned, may thereafter be returned to the
applicant or destroyed by the building official. In order to renew action on
an application after expiration, the applicant shall resubmit plans and pay a
new plan review fee in accordance with Section 18-20(c)1.
(3) Stamped Documents.
When the building official issues a permit where construction documents are
required, he shall endorse in writing or stamp the construction documents
“Reviewed for Code Compliance.” Such stamped construction documents shall not
be changed, modified or altered without authorizations from the building
official, and all work regulated by this chapter shall be done in accordance
with the endorsed/stamped construction documents.
(4) Phased review for code compliance. The building
official may issue a permit for the construction of part of a building,
structure or building service equipment before all of the construction
documents for the entire building, structure or building service equipment have
been submitted or reviewed for code compliance, provided adequate information
and detailed statements have been filed complying with all pertinent
requirements of this chapter. The holder of such permit shall proceed at his
own risk without assurance that the permit for the entire building, structure
or building service will be granted.
(5)
Dangerous Buildings. No permit shall be issued to any party,
other than the city’s demolition contractor, for the repair, reconstruction,
enlargement, alteration, moving, raising, shoring, demolition, wrecking, or
razing of a structure that has been declared a dangerous building under chapter
56 of the code, provided the structure has been scheduled for demolition by the
city and a notice to proceed has been issued to the city’s demolition
contractor.
(b) Validity of permit.
(1) The issuance of a permit
or the stamping of construction documents with "Reviewed for Code
Compliance" shall not be construed to be a permit for, or an approval of,
any violation of any of the provisions of this chapter or of any other
ordinance. No permit presuming to give authority to violate or cancel the
provisions of this chapter or other ordinances shall be valid.
(2) The issuance of a permit
based upon reviewed construction documents shall not prevent the building
official from thereafter requiring the correction of errors in the construction
documents, or from preventing building operations being carried on thereunder
when in violation of this chapter or of any other ordinances or laws, provided
that those corrections to errors approved by the building official shall only
be required when the building official certifies that the errors must be
corrected based on a life safety issue. The building official is also
authorized to prevent occupancy or use of a structure where a condition exists
in violation of this chapter or of any other ordinance of the city.
Notwithstanding any other provision of this chapter, regulations and ordinances
in effect on the date of a permit’s issuance shall continue to apply to the
permit until its expiration and no subsequent changes in policies, ordinances,
regulations and/or administrative requirements shall affect the issued permit,
including the construction approved by the permit, the inspections required by
the permit and the method of connecting to City services, including but not
limited to water and sewer in accordance with the construction documents
approved by the permit.
(c)
Expiration of permits.
(1) Generally. Every permit issued by the building
official under the provisions of this code shall expire by limitation and
become null and void if the building or work authorized by such permit is not
commenced within 180 days from the date of such permit, or, if the building or
work authorized by such permit is suspended or abandoned at any time after the
work is commenced for a period of 180 days. Before such work can be
recommenced, a new permit shall be first obtained so to do, and the fee
therefore shall be in accordance with Section 18-20(d). A permit may be
extended by the building official for a period not to exceed six months upon
written request from the permittee showing that circumstances beyond the
control of the permittee have prevented action from being taken.
(2) Sign permit. An erection permit shall authorize
erection or relocation of the sign or sign structure for a period of six
months. If the work authorized under a permit has not been completed within six
months after the date of issuance, the permit shall become null and void.
(3) Building moving permits. The work authorized by a
moving permit shall be commenced within three calendar days from the date of
issuance of such permit. If the work is suspended or abandoned more than two
consecutive calendar days after the work is commenced, the permit shall expire.
The length of time permitted for moving any building and placing on a permanent
foundation shall not exceed five calendar days from the date of permit
issuance. A permit may be renewed or extended by the building official upon
request of the permit holder if the building official concludes that work could
not be completed within the allotted time or that work was suspended as a
result of circumstances not reasonably within the control of the permit holder,
such as weather, mechanical failures and other unanticipated difficulties.
(4) Demolition work. The work authorized by a demolition
permit shall be continuous until the work is completed. For the purpose of this
article, the term ``continuous'' shall mean the normal rate of progress in
keeping with good demolition practices. If the work is suspended for more than
five calendar days after the work is commenced, the job shall be deemed
abandoned and the permit shall expire. The building official may allow the work
to be suspended longer than five calendar days should it be found that weather
or other conditions beyond the control of the permit holder exist. The time for
demolition of a one- or two-story dwelling shall not exceed 30 days from the
date the demolition work commences.
(d) Suspension
or revocation.
(1) Generally. The building official may, in writing,
suspend or revoke any permit issued under the provisions of this code whenever
the permit is issued in error or on the basis of incorrect information
supplied, or in violation of any provisions of this chapter, or other pertinent
laws or ordinances within the Code of Ordinances. The building official may
also suspend or revoke any permit issued upon failure of the holder thereof to
comply with any of the provisions of this chapter or requirements of the
permit.
(2) Traffic Control Obstruction. The building official may
revoke a permit for the erection of any sign or other structure which, by
reason of its position, shape or color, may obstruct or interfere with the view
of or be confused with any authorized traffic sign, signal or device.
(3) Hearings. The holder of a permit may request a
hearing before the building official to consider the suspension or revocation
of a permit.
(e) Placement of
permit. The building permit or copy shall be kept on the site of the work
until the completion of the project.
Sec.
18-21. Inspections.
(a) Authority of
building official; duties of permittee.
(1) All
construction or work for which a permit is required under this chapter shall be
subject to inspection by the building official, and all such construction or
work shall remain accessible and exposed for inspection purposes until approved
by the building official. In addition, certain types of construction shall have
continuous inspection as specified in
section 18-22.
(2) Approval as a
result of an inspection shall not be construed to be an approval of a violation
of the provisions of this chapter or of any other ordinances. Inspections
presuming to give authority to violate or cancel the provisions of this chapter
or any other ordinances shall not be valid.
(3) It shall be
the duty of the permit applicant to cause the work to remain accessible and
exposed for inspection purposes. Neither the building official nor the city
shall be liable for expense entailed in the removal or replacement of any
material required to allow inspection.
(4) A survey of
the lot may be required by the building official to verify that the structure
is located in accordance with approved plans.
(5) It shall be
the duty of the permit applicant to install and maintain effective erosion and
sediment control measures as specified in section 3307 of the International
Building Code, as adopted by article II of this chapter. Should it be found
that required erosion and sedimentation control measures have not been
installed, the building official may refuse any inspection requests for work
requiring inspections until such time as the site complies with the
requirements of this chapter. Should it be found that the installed erosion and
sediment control measures are ineffective or are not being maintained properly,
the building official shall give notice to the permit holder. Subsequent
inspections may be refused if the erosion and siltation control measures are
ineffective, or not being maintained.
(6) Before issuing a permit,
the building official is authorized to examine or cause to be examined
buildings, structures and sites for which an application has been filed.
(b) Inspection
requests. It shall be the duty of the person doing the work authorized by
a permit to notify the building official that such work is ready for
inspection. The building official may require that every request for inspection
be filed at least one working day before such inspection is desired. Such
request may be in writing or by telephone at the option of the building
official.
(c) Approval
of successive portions of work, final inspection.
(1) Work shall not be done beyond the point indicated in each
successive inspection without first obtaining the approval of the building
official. The building official, upon notification, shall make the requested
inspections and shall either indicate that the portion of the construction or
demolition is satisfactory as completed, or shall notify the permit holder or
an agent of the permit holder wherein the construction or demolition fails to
comply with this chapter. Any portions which do not comply shall not be covered
or concealed until authorized by the building official.
(2) There shall be a final inspection and approval of all
buildings and structures when completed and ready for occupancy and use.
(d) Required
inspections.
(1) Reinforcing steel or
structural framework of any part of any building or structure shall not be
covered or concealed without first obtaining the approval of the building
official.
(2) The building official,
upon notification from the permit holder or permit holder's agent, shall make
the following inspections and shall either approve that portion of the
construction or demolition as completed or shall notify the permit holder or
his agent wherein the construction fails to comply with this chapter:
a. Footing or foundation inspection. A footing
and foundation inspection shall be made after excavations for footings are
complete and any required reinforcing steel is in place. For concrete
foundations, any required forms shall be in place prior to inspection. All
materials for the foundation shall be on the job; except, where concrete is
ready-mixed in accordance with ASTM C94, the concrete need not be on the job.
Where the foundation is to be constructed of approved treated wood, additional
inspections may be required by the building official.
b.
Concrete slab or under-floor inspection. Concrete slab and
under-floor inspections shall be made after all in-slab or under-floor
reinforcing steel and building service equipment, conduit, piping accessories
and other ancillary equipment items are in place but before any concrete is
poured or floor sheathing installed, including the subfloor.
c. Prebackfill. A prebackfill inspection shall be made
after the foundation drainage and damproofing systems are complete and prior to
backfilling.
d. Rough-in inspection. A rough-in inspection shall be
made after such work as framing, fireblocking, roof, piping, vents, ductwork,
chimneys, wiring, etc., are in place and prior to concealment.
e. Fire resistive rated assembly. A fire resistive rated
assembly inspection shall be made at such time so as to verify that the
construction of each fire resistive rated assembly is in accordance with its
listing.
f. Fire-resistant penetrations. An inspection shall be
made of the firestopping or fireblocking of all penetrations, joints, etc.,
prior to concealment.
g. Masonry throat inspection. For masonry fireplaces
only, a masonry throat inspection shall be made after the firebox is built and
the 1st flue liner is in place. Construction of chimney may not
continue until this inspection is approved.
h.
Utility connection inspections. Gas or electric service
inspections shall be made prior to connection to the utility source. See
Section 18-11 of this article.
i. Performance tests. Performance tests shall be
conducted by the permit holder as required by this chapter, or as otherwise
required by the building official.
j. Demolition (basement and sewer) inspection. A
basement and sewer inspection shall be made prior to the filling of the
excavation and/or final grading of the property.
k. Final inspection. A final inspection shall be made
after all work under permit has been completed for the building, tenant space
or demolition.
(3) If
it is determined upon inspection that construction fails to comply with this
chapter, a re-inspection may be required. Any such re-inspection shall be limited to inspecting the items that
did not pass any previous inspection and that were identified in the written
inspection report. Re-inspections shall not be used to re-examine items that
passed previous inspections unless the building official certifies that the
re-inspected item will present a danger to life or safety.
(e) Other
inspections. In addition to the inspections specified in subsection (d) of
this section, the building official may make or require other inspections of
any construction or demolition work to ascertain compliance with the provisions
of this chapter or any other ordinances.
(f) Building
service equipment inspections. The requirements of this section shall not
be considered to prohibit the operation of any building service equipment
installed to replace existing building service equipment serving an occupied
portion of the building if a request for inspection of such building service
equipment has been filed with the building official not more than 48 hours
after such replacement work is completed, and before any portion of such
building service equipment is concealed by any permanent portion of the
building.
(g) Periodic
inspections.
(1) Elevators.
a. Generally. All elevator equipment, vertical and
inclined, shall be inspected as required by article IX of this chapter.
b. Issuance of certificate of inspection. Where the
inspections and tests indicate that the installation is in a safe operating
condition, and, in the case of a new installation, conforms to this article,
and the plans and specifications are filed, the building official shall issue a
certificate of inspection to the owner of the elevator or the owner's agent.
Such certificate shall be kept posted on the elevator. In the case of
escalators and manlifts, such certificate shall be posted in a conspicuous
place adjacent to the entrance of each escalator or manlift. No elevator,
dumbwaiter, escalator, moving walk, workmen's hoist, manlift, chairlift or
wheelchair lift which is covered by this chapter shall be used without such
certificate. The owner, tenant, occupant or maintainer of property on which
elevator equipment is being operated shall be responsible for the following use
of such elevators: Freight elevators shall be ridden by the operator and
freight handler persons only, and no-rider elevators shall not be ridden by
persons.
c. Revocation of certificate of inspection. Any
certificate issued may be revoked if it is determined that the equipment is not
in compliance with this chapter or that the fee for any required inspection or
test has not been paid.
d. Fees for tests and inspections. Fees for tests and
inspections shall be as provided in section 18-20 of this chapter.
e. Limited certificates. The building official may
permit the temporary use of any equipment regulated by this chapter during the
installation, alteration or repair, under the authority of a limited
certificate issued for each class of service. Such limited certificate shall
not be issued until the equipment has been tested under contract load and the
car or counterweight safeties, terminal-stopping devices and other safety
equipment has been tested and found to be safe for the class of service.
Equipment operating under the authority of a limited certificate may be shut
down or be subject to a double inspection fee if repairs or other requirements
have not been completed in a timely manner.
(2) Underground
space.
a. Generally. All new and existing underground spaces
shall be inspected for structural adequacy at least once every five years. A
report of the findings of such inspection shall be submitted to the building
official to verify the conditions found on each occasion. The report shall be
certified by a professional engineer registered to practice in the state. The
report shall state that, in the opinion of the professional engineer, the
underground space is safe and in such condition that it is capable of carrying
the loads for which it was originally designed without any repairs or
modifications, or what areas require repair before such certification can be
given.
b. Issuance of certificate of inspection. Where the
inspection indicates that the installation is in a safe operating condition,
and, in the case of a new installation, conforms to this chapter and this
article, a certificate of inspection shall be issued to the owner or the
owner's agent. Such certificate shall be maintained in an appropriate location.
c. Revocation of certificate of inspection. Any
certificate issued may be revoked if it is determined that the installation is
not in compliance with this chapter or that the fee for certificate of
inspection has not been paid.
d. Fee for certificate of inspection. Fees for
certificate of inspection shall be as provided in section 18-20 of this
chapter.
(3) Communication towers for television and radio transmission
or reception.
a. Generally. All new and existing structures shall be
inspected for structural adequacy at least once every five years. A report of
the findings of such inspection shall be submitted to the building official to
verify the conditions found on each occasion. The report shall be certified by
a professional engineer registered to practice in the state. The report shall
state that, in the opinion of the professional engineer, the structure is safe
and in such condition that it is capable of carrying the loads for which it was
originally designed without any repairs or modifications, or what areas require
repair before such certification can be given.
b. Issuance of certificate of inspection. Where the
inspection indicates that the installation is in a safe operating condition,
and, in the case of a new installation, conforms to this chapter and this
article, a certificate of inspection shall be issued to the owner or the
owner's agent. Such certificate shall be maintained in an appropriate location.
c. Revocation of certificate of inspection. Any
certificate issued may be revoked if it is determined that the installation is
not in compliance with this chapter or that the fee for certificate of
inspection has not been paid.
d. Fee for certificate of inspection. Fees for
certificate of inspection shall be as provided in section 18-20 of this
chapter.
(4) Multilevel
parking structures.
(a)
Each owner of a multilevel parking station structure in its 15th year of
age and every five years thereafter shall cause it to be inspected for
structural adequacy by a registered professional engineer licensed in the State
of Missouri. A form known as the Parking Structure Periodic Inspection Report
shall be completed, sealed by the professional engineer who performed the
inspection, and submitted to the city planning and development director to
verify the conditions found. The Parking Structure Periodic Inspection Report
shall be submitted by June 1st of the sixteenth year and every five years
thereafter.
(b)
If the Parking Structure Periodic Inspection Report certifies that all
applicable structural elements are satisfactory or if the Parking Structure
Periodic Inspection Report certifies that there are some limited concerns and
the professional engineer certifies that the structure has sound structural
integrity, and should be considered safe for occupancy, then the city planning
and development director shall issue a letter of acceptance. Such letters of
acceptance shall expire five years from the date they are issued. Letters of
acceptance may be revoked before expiration by the city planning and
development director if the condition of the structure becomes unsafe.
(c)
If the Parking Structure Periodic Inspection Report indicates that the
parking structure or part of the structure is unsafe or incapable of carrying
the loads for which it was designed without repairs or modifications, the city
planning and development director may require the owner to immediately vacate
the entire structure or that part of the structure which is deemed unsafe. The
structure or that part of the structure that is ordered vacated shall remain
unused and unoccupied by either persons or vehicles until proper repairs or
modifications render the structure safe and the opinion as required in (b) by
the professional engineer is given. Once the required repairs or modifications
have been completed and the professional engineer certifies that it has sound
structural integrity and should be considered safe for occupancy, the city
planning and development director shall issue a letter of acceptance as
required in (b) and the structure shall be allowed to be occupied.
(d)
No owner shall use or occupy a multilevel parking structure which
structure is over the age of 16 years without a letter of acceptance as
referred to in section (b) above.
(e)
Fees for the letter of acceptance shall be as provided in section 18-20
of this chapter.
____________________________________________
Approved as to
form and legality:
__________________________
Katherine
Chandler
Assistant City Attorney