The International Residential Code, 2000 edition, copies of which are on file in the office of the City Clerk of the City of Marion, Kansas, being marked and designated as International Residential Code, including Appendix Chapters C, E, G, J, and L, as published by the International Code Council, (hereinafter “the Code”) be and is hereby adopted as the code of the City of Marion, Kansas; for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of one-and two-family dwellings and townhouses not more than three stories in height in the City of Marion, Kansas, and providing for the issuance of permits and terms of such International Residential Code, 2000 edition, published by the International Code Council on file in the office of the City of Marion, Kansas are hereby referred to, adopted and made a part hereof as if fully set out in this article.

(Ord. 1361; Code 2014)

No permit shall be granted nor certificate of inspection issued until such person, firm or corporation shall have first obtained a license from the City Council of the City of Marion, Kansas, allowing him or them to do such work within the City of Marion, Kansas.  The license applicant shall also pay an annual license fee in the sum set forth in the City’s fee resolution.  The Council may refuse such license if not satisfied with the applicant’s experience and qualifications.

(Ord. 1361; Code 2014)

(a)   All business entities or individuals performing services as general or sub-contract building contractors, remodelers, excavators or erectors, shall have a valid license issued by the City Building Inspector.

(b)   The license shall expire on December 31st of the year following in which the license is issued.

(c)   The cost of license shall be set forth in the City’s fee resolution.

(d)   The license must be presented at the time of requesting a building permit. Further, the Building Inspector reserves the right to request a visual inspection of the license at the time of an inspection of the building site.

(e)   Individuals performing services at their own home shall be exempted from the licensing requirement.

(f)   The license of any contractor may be suspended temporarily, for a period not to exceed thirty (30) days at any one time, in the event the Building Inspector finds probable cause to believe that any one or more of the following has occurred:

(1)   Misrepresentation of a material fact by applicant in obtaining a license

(2)   Use of license to obtain a building permit for another

(3)   Failure or neglect to observe conditions of permit authorizing encumbering of streets or sidewalks for public safety.

(4)   Performance of any building or construction work without a permit where one is required by law; or

(5)   Willful disregard of any violation of the building and construction laws, or failure to comply with any lawful order of the building inspector.

(g)   Notice shall be given in writing to such contractor giving reasonable notice of a time of hearing of the complaint or a matter alleged against such contractor causing the temporary suspension. This hearing shall be before the governing body. The governing body may, upon such hearing, terminate such suspension, continue the suspension for up to thirty (30) days with instructions regarding corrections needed to comply with the requirements of this ordinance, or they may revoke such license.  If any license shall be revoked, the contractor shall not be eligible for a new license during a period of six months thereafter. No fee shall be refunded in the event of the suspension or revocation of any contractor’s license.

(h)   The falsification of a license or the failure to have a valid license when engaged in the activities covered by this ordinance shall be considered an unclassified misdemeanor and shall result in the imposition of a fine of not less than $10.00 nor more than $500.00, together with the costs of such prosecution. Violations shall be considered ongoing from the date of notification of a violation, and a violator will be fined for each day that the violation remains unresolved after notification thereof. A stop-work order will be issued to each contractor and/or owner with respect to any ongoing project until such time as the required license is obtained.

(Ord. 1361; Ord. 1372; Code 2014)

The following sections of the International Residential Code are hereby revised:

Subsection R 112.1 is revised as follows: (1) Section R 112.1 General. Decisions or determinations made by the Building Officials relative to the application and interpretation of this Code may be appealed to the City Council.  The application for appeal shall be based on a claim that the true intent of this Code or the rules 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 Council shall have no authority to waive requirements of this Code.

Section R 112.2 is eliminated but Subsections R 112.2.1 and R are retained, with the words “board of appeals” replaced by the word “council”.

Sub-Subsection R 112.3 is eliminated.

In Subsection R 112.4 the word “board” is replaced by the word “council”.

Subsection R 113.3 is changed as follows:  Prosecution of Violation.  If the notice of violation is not complied with properly, the building official is authorized to institute appropriate proceedings in appropriate courts to restrain, correct, or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure that is in violation of the provisions of this Code or of the order or direction made pursuant thereto.

Subsection R 113.4 is changed as follows:  Violation Penalties.  Any person who violates a provision of this Code, or fails to comply with any of the requirements thereof, or who erects, constructs, alters, or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provision of this Code, shall be deemed guilty of a misdemeanor and upon conviction shall be subject to a fine of not less than $10.00 nor more than $500.00, together with the costs of such prosecution.  Each day during which violation continues, shall be a separate offense.

(Ord. 1361; Code 2014)