AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, REPEALING EXISTING CHAPTER V, ARTICLE 10 OF THE CODE OF THE CITY OF LAWRENCE, 2011 EDITION, AND AMENDMENTS THERETO, REPEALING ORDINANCE NO. 8587, AND ENACTING, IN THEIR PLACE, CHAPTER V, ARTICLE 10 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2011 EDITION, AND AMENDMENTS THERETO, WHICH ADOPTS AND INCORPORATES BY REFERENCE THE 2012 INTERNATIONAL PROPERTY MAINTENANCE CODE, REGULATING BUILDING AND CONSTRUCTION WITHIN THE CITY OF LAWRENCE, KANSAS.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:
SECTION 1. Existing Chapter V, Article 10, of the Code of the City of Lawrence, Kansas, 2011 Edition, and amendments thereto, and City of Lawrence, Kan., Ord. No. 8587 (Nov. 2, 2010), are hereby repealed in their entirety, it being the intent of the Governing Body that Section 2 of this Ordinance supersede them.
SECTION 2. The Code of the City of Lawrence, Kansas, 2011 Edition, and amendments thereto, is hereby amended by enacting Chapter V, Article 10, which reads as follows:
ARTICLE 10. PROPERTY MAINTENANCE CODE
5-1001 PROPERTY MAINTENANCE CODE ADOPTED AND INCORPORATED.
The 2012 International Property Maintenance Code, published by the International Code Council, Inc., other than those portions hereinafter specifically deleted, modified, or amended, is hereby adopted as the City's Property Maintenance Code and is incorporated herein by reference as if set forth in full.
5-1002 OFFICIAL COPY.
Not less than one (1) copy of the 2012 International Property Maintenance Code shall be marked or stamped "OFFICIAL COPY AS INCORPORATED BY ORDINANCE No. 8801," with all sections or portions deleted, modified, or amended clearly marked as such, and to which one (1) copy of this ordinance shall be affixed, shall be filed with the City Clerk, shall be open to inspection, and shall be available to the public during reasonable business hours. Additional official copies shall, at the cost of the City, be supplied to those officials and agencies charged with enforcement of the City's Property Maintenance Code.
5-1003 AMENDMENTS TO THE 2012 INTERNATIONAL PROPERTY MAINTENANCE CODE.
The 2012 International Property Maintenance Code is amended as set forth in the succeeding sections of this Article. These amendments shall not serve to delete, modify, or amend any discretely numbered section or subsection of the 2012 International Property Maintenance Code, unless the section or subsection is specifically identified as being deleted, modified, or amended.
5-1004 Section 103.5 of the 2012 International Property Maintenance Code is hereby deleted.
5-1005 Section 106.4 of the 2012 International Property Maintenance Code is hereby amended to read as follows:
106.4 VIOLATION PENALTIES. Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by state or local laws. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Any person convicted of a violation of any provision of this Article shall be punished by a fine in an amount not less than one hundred dollars ($100), nor more than five hundred dollars ($500), by a jail term of not less than five (5) days, nor more than three (3) months, or both by such fine and jail term.
5-1006 The 2012 International Property Maintenance Code is hereby amended by adding Section 110.1.1, which reads as follows:
110.1.1 Boarding Standards. All windows and doors boarded under this Article shall be boarded in such a manner as to prevent entry by unauthorized persons and shall be painted to correspond to the color of the existing structure.
5-1007 The 2012 International Property Maintenance Code is hereby amended by adding Section 111.1.1, which reads as follows:
111.1.1 Board of Appeals. For the purposes of this Article, the "board of appeals" shall mean the Building Code Board of Appeals.
5-1008 Sections 111.2, 111.2.1, 111.2.2, 111.2.4, 111.2.5, 111.4.1, and 111.5 of the 2012 International Property Maintenance Code are hereby deleted.
5-1009 Sections 111.4 and 111.6 of the 2012 International Property Maintenance Code are hereby amended to read as follows:
111.4 OPEN HEARING. All hearings before the board of appeals shall be
open to the public. The appellant, the appellant's representative, the code
official and any person whose interests are affected shall be given an
opportunity to be heard. A quorum shall consist of a minimum of two-thirds
of the board membership For the purposes of this Articles, a quorum
shall consist of not less than a majority of the actual membership of the board
of appeals.
111.6 BOARD DECISION. The board of appeals shall affirm, modify,
or reverse the decision of the code official only by a concurring vote of a
majority of the total number of appointed board members of the
members voting on the issue, assuming that a quorum exists.
5-1010 The 2012 International Property Maintenance Code is hereby amended by adding Section 111.6.3, which reads as follows:
111.6.3 Enforcement. After any order of the of the Code Official or the Building Code Board of Appeals made pursuant to this Code becomes final, no person to whom any such order is directed shall fail, neglect, or refuse to obey any such order. It shall be an unlawful act for any such person to fail to comply with such order. Each day of non-compliance shall constitute a separate offense.
5-1011 Sections 112.1 through 112.4, inclusive, of the 2012 International Property Maintenance Code are hereby deleted.
5-1012 The 2012 International Property Maintenance Code is hereby amended by adding Section 202.1, which reads as follows:
202.1 Additional Definitions. For the purposes of this Article, the following terms shall be defined as follows:
BOARD OF APPEALS. Board of Appeals shall mean the Building Code Board of Appeals.
BUILDING OFFICIAL. Building Official shall mean the Code Enforcement Manager of his or her authorized representative, charged with the enforcement of this Article, including but not limited to any duly appointed and authorized deputies.
GOVERNING BODY. Governing Body shall mean the City Commission of the City of Lawrence, Kansas.
5-1013 Sections 302.4 and 302.8 of the 2012 International Property Maintenance Code are hereby deleted.
5-1014 Sections 302.2 and 302.3 of the 2012 International Property Maintenance Code are hereby amended to read as follows:
302.2 Grading and drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon. Stormwater must be diverted away from any structure and said diversion of stormwater shall not constitute a hazard or nuisance to any adjacent property. Mounded soil, gravel, or mulch may not be stored on a property unless such property is zoned for such use and has been approved for exterior storage.
Exceptions:
1. Approved retention areas and reservoirs.
2. Landscaped berms that are properly landscaped with living vegetation.
302.3 Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas, including those that are located in public rights of way, shall be kept in a proper state of repair, and maintained free from hazardous conditions.
5-1015 Sections 304.7, 304.13.2, and 304.14 of the 2012 International Property Maintenance Code are hereby amended to read as follows:
304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Water from intermittent sources, such as discharges from sump pumps, foundation drains, or the like, shall not be discharged at a point closer than five feet to any adjoining property line. Roof drains shall not be discharged in a manner that creates a public nuisance.
Exception: This section shall not apply to lawn sprinklers.
304.13.2 Openable
windows.
Every window, other than a fixed window, shall be easily openable and
capable of being held in position by window hardware.
304.14 Insect
screens. During
the period from [DATE] to [DATE], eEvery door, window and other outside opening
required for ventilation of habitable rooms, food preparation areas, food
service areas or any areas where products to be included or utilized in food
for human consumption are processed, manufactured, packaged or stored shall be
supplied with approved tightly fitting screens of not less than 16 mesh per
inch (16 mesh per 25 mm) and every screen door used for insect control shall
have a self-closing device in good working condition.
Exception: Screens shall not be
required where other approved means, such as air curtains or insect repellent
fans, are employed.
5-1016 The 2012 International Property Maintenance Code is hereby amended by adding Section 304.19.1, which reads as follows:
304.19.1 Fences. All fences shall be maintained in sound condition free of damage, breaks, or missing structural members. Areas that are leaning, buckling, sagging, or deteriorating shall be repaired or replaced with a material compatible with the undamaged portions of the fence. Where fencing has been previously painted and there are areas of chipping, peeling, scaling or missing paint equal to or greater than 20 percent of the fence surface, then such surface shall be repainted, or stripped of all paint and given a water-resistant coating, if necessary.
5-1017 Sections 308.2.1, 308.3.1, and 308.3.2 of the 2012 International Property Maintenance Code are hereby deleted.
5-1018 Sections 308.2 and 308.3 of the 2012 International Property Maintenance Code are hereby amended to read as follows:
308.2 Disposal of
rubbish. Every
occupant of a structure shall dispose of all rubbish in a clean and sanitary
manner by placing such rubbish in approved containers.
308.3 Disposal of
garbage. Every
occupant of a structure shall dispose of garbage in a clean and sanitary manner
by placing such garbage in an approved garbage disposal facility or approved
garbage containers.
5-1019 Sections 309.3 and 309.4 of the 2012 International Property Maintenance Code are hereby amended to read as follows:
309.3 Single occupant. The occupant of a one-family dwelling or of a single-tenant nonresidential structure shall be responsible for extermination on the premises after 30 days of occupancy.
309.4 Multiple
occupancy. The
owner of a structure containing two or more dwelling units, a multiple
occupancy, a rooming house or a nonresidential structure shall be responsible
for extermination in the public or shared areas of the structure and exterior
property. If infestation is caused by failure of an occupant to prevent such
infestation in the area occupied, the occupant and owner shall be responsible
for extermination.
5-1020 Section 502.1 of the 2012 International Property Maintenance Code is hereby amended to read as follows:
502.1 Dwelling units. Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink which shall be maintained in a sanitary, safe working condition. Any kitchen appliance supplied by the owner, including but not limited to stoves and refrigerators, shall be maintained in a sanitary and safe working condition. The lavatory shall be placed in the same room as the water closet or located in close proximity to the door leading directly into the room in which such water closet is located. A kitchen sink shall not be used as a substitute for the required lavatory.
5-1021 Sections 602.2, 602.3, and 602,4 of the 2012 International Property Maintenance Code are hereby amended to read as follows:
602.2 Residential
occupancies. Dwellings
shall be provided with heating facilities capable of maintaining a room
temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms. based
on the winter outdoor design temperature for the locality indicated in Appendix
D of the International Plumbing Code. Cooking appliances shall not be used,
nor shall portable unvented fuel-burning space heaters be used, as a means to
provide required heating.
Exception: In areas where the
average monthly temperature is above 30°F (1°C), a minimum temperature of 65°F
(18°C) shall be maintained.
602.3 Heat supply. Every owner and
operator of any building who rents, leases or lets one or more dwelling units
or sleeping units on terms, either expressed or implied, to furnish heat to the
occupants thereof shall supply heat during the period from [DATE] to [DATE]
to maintain a temperature of not less than 68°F (20°C) in all habitable rooms,
bathrooms and toilet rooms.
Exceptions:
1. When the
outdoor temperature is below the winter outdoor design temperature for the
locality, maintenance of the minimum room temperature shall not be required
provided that the heating system is operating at its full design capacity. The
winter outdoor design temperature for the locality shall be as indicated in
Appendix D of the International Plumbing Code.
2. In areas
where the average monthly temperature is above 30°F (1°C) a minimum temperature
of 65°F (18°C) shall be maintained.
602.4 Occupiable work
spaces. Indoor
occupiable work spaces shall be supplied with heat during the period from
[DATE] to [DATE] to maintain a temperature of not less than 65°F (18°C)
during the period the spaces are occupied.
Exceptions:
1. Processing, storage and operation areas that require cooling or special temperature conditions.
2. Areas in which persons are primarily engaged in vigorous physical activities.
5-1022 Section 605.2 of the 2012 International Property Maintenance Code is hereby amended to read as follows:
605.2 Receptacles. Every habitable space
in a dwelling shall contain at least two separate and remote receptacle
outlets. Every laundry area shall contain at least one grounded-type receptacle
or a receptacle with a ground fault circuit interrupter. Every bathroom shall
contain at least one receptacle. Any new bathroom receptacle outlet shall
have ground fault circuit interrupter protection. All kitchen countertop
receptacles and all bathroom receptacles are required to be a receptacle with a
ground fault circuit interrupter. All receptacle outlets shall have the
appropriate faceplate cover for the location.
5-1023 Section 702.4 of the 2012 International Property Maintenance Code is hereby amended to read as follows:
702.4 Emergency escape openings. Required emergency escape openings shall be maintained in accordance with the code in effect at the time of construction, and the following. Required emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or tools. Bars, grilles, grates or similar devices are permitted to be placed over emergency escape and rescue openings provided the minimum net clear opening size complies with the code that was in effect at the time of construction and such devices shall be releasable or removable from the inside without the use of a key, tool or force greater than that which is required for normal operation of the escape and rescue opening. Sleeping rooms located within a basement shall comply with the 2012 International Residential Code as adopted and modified by the City.
SECTION 3. If any section, clause, sentence, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.
SECTION 4. After adoption and publication as provided by law, this ordinance shall be in full force and effect, commencing March 1, 2013.
ADOPTED by the Governing Body of the City of Lawrence, Kansas, this ____ day of December, 2012.
APPROVED:
___________________________________
Robert J. Schumm
Mayor
ATTEST:
__________________________________
Jonathan M. Douglass
City Clerk
APPROVED AS TO FORM AND LEGALITY:
__________________________________
Toni R. Wheeler
City Attorney
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NOTICE TO PUBLISHER
Publish one time and return one Proof of Publication to the City Clerk and one to the City Attorney.