ARTICLE 1E. EXISTING BUILDING CODE
6-156 International Existing Building Code (IEBC) incorporated.
There is hereby incorporated by reference for the purpose of providing minimum regulations f or the construction, erection, remodeling, alteration, repair or expansion of any building or structure, the “International Existing Building Code,” (IEBC) 2024 Edition, including all appendices, prepared and published in book form by the International Code Council, Inc., except such articles, sections, parts or portions as are hereinafter omitted, deleted, modified or changed. Any errata officially published by the International Code Council, Inc., shall become part of the IEBC when placed on file with the City Clerk by City Staff. If any conflict or discrepancy exists between this Article and the referenced IEBC, then the provisions of this Article shall rule. No fewer than two copies of the IEBC shall be marked or stamped “Official Copy as Incorporated by Reference by the Code of the City of Newton, Kansas,” with all sections or portions thereof intended to be deleted, changed or amended clearly marked to show such deletion, change or amendment, and to which shall be attached a copy of this Ordinance and filed with the city clerk to be open to inspection and available to the public at all reasonable hours. All administrative departments of the City charged with the enforcement of the ordinance shall be supplied, at the cost of the City, such number of official copies of such IEBC similarly marked, deleted and changed as may be expedient.
(Ord. 5180-25)
6-157 Board of appeals created, duties.
See 6-102 of City Code.
(Ord. 5180-25)
6-158 Deletions to the International Existing Building Code.
The following sections and all appendices thereto from the IEBC incorporated by section 6-156 of this Article are hereby deleted:
• 105.1.1 – Annual Permit;
• 105.1.2 – Annual Permit Records;
• 502.6 – Enhanced Classroom Acoustics;
• 503.18 – Enhanced Classroom Acoustics;
• 506.6 – Enhanced Classroom Acoustics;
• 708.1 – Minimum Requirements;
• 809.1 – Minimum Requirements;
(Ord. 5180-25)
6-159 Amendments to the International Existing Building Code.
The following amendments to the IEBC incorporated by section 6-156 of this Article are hereby adopted:
The legal occupancy of any building existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the International Fire Code, , or as is deemed necessary by the code official for the general safety and welfare of the occupants and the public.
In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the code official shall have the authority to appoint other related technical officers, inspectors, plan examiner(s) and other employees having powers as delegated by the Building Official.
Exemptions from permit requirements of this Code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this Code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:
Building:
Electrical:
Gas:
Mechanical:
Plumbing:
Where repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the Building Official.
Application or notice to the Building Official is not required for repairs to structures and items listed in Section 105.2 provided that such repairs do not include any of the following:
An application for a permit for any proposed work shall be deemed to have been abandoned when the Code used for the project design is no longer in effect,, unless such application has been pursued in good faith or a permit has been issued; except that the Building Official is authorized to grant a permit one time for additional periods not exceeding 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.
Every permit issued shall become expired unless the work on the site authorized by such permit commences within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. Work shall be considered to have been suspended or abandoned if it has been more than 180 days since the last requested inspection. Before work can be recommended, the permit must be reinstated. The fee for the reinstatement shall be one-half the amount required for a new permit for such work provided that no changes have been made or will be made to the original plans and specifications for such work, and that such suspension or abandonment has not exceeded one year. In order to resume work after suspension or abandonment for a period of one year, a new permit shall be required.
The Building Official is authorized to grant one or more extensions of time for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.
Work requiring a permit shall not be commenced until the permit holder or an agent of the permit holder has posted or has made available on inspection record card such as to allow the Building Official to conveniently make the required entries thereon regarding inspection of the work. This card shall be maintained and made available by the permit holder until final approval has been granted by the Building Official.
Where a permit is required, a fee for each permit shall be paid as required, in accordance with the schedule as established by Chapter VI Building and Construction Code of the City of Newton, Kansas.
The Building Official may authorize a refund of any fee paid hereunder, which was erroneously paid or collected.
After the Building Official inspects the structure and does not find violations of the provisions of this Code or other laws that are enforced by the department, the Building Official shall issue a certificate of occupancy that contains the following:
[A] CODE OFFICIAL. The officer or other designated authority charged with the administration and enforcement of this code, referred to in the Newton City Code as Building Official, Fire Code Official, or their designated agents or representatives.
Where an addition is added to an existing Group E occupancy located in an area where the shelter design wind speed for tornados is 250 mph (402.3 km/h) in accordance with Figure 304.2(1) of ICC 500 and the occupant load in the addition is 50 or more, the addition shall have a storm shelter constructed in accordance with ICC 500.
Exceptions:
Where an alteration or addition changes the potential snow drift effects on an adjacent building, Section 7.12 of ASCE 7 shall apply.
Buildings and facilities shall be designed and constructed and constructed to be accessible in accordance with this Code and the alteration and existing building provisions in the current guidelines of the Americans with Disabilities Act (“ADA”) and/or ICC A117.1 as well as any applicable code requirements of the International Building Code or International Residential Code.
A facility that is altered shall comply with the applicable provisions the current guidelines of the Americans with Disabilities Act (“ADA”) and/or ICC A117.1 as well as any applicable code requirements if the International Building Code or International Residential Code. and the provisions of Sections 306.7.1 through 306.7.18, unless technically infeasible. Where compliance with this section is technically infeasible, the alteration shall provide access to the maximum extent technically feasible.
Where an alteration affects the accessibility to, or contains an area of primary function, the route to the primary function area shall be accessible. Toilet facilities and drinking fountains serving the area of primary function, including the route from the area of primary function to these facilities, shall be accessible. Priority shall be given to the improvements affecting the accessible route to the primary function area.
Exceptions:
Where an alteration includes alterations to an entrance that is not accessible, and the facility has an accessible entrance, the altered entrance is not required to be accessible unless required by Section 306.7.1. Signs complying with the current guidelines of the Americans with Disabilities Act (“ADA”) and/or ICC A117.1 as well as any applicable code requirements of the International Building Code (e.g. IBC 1112) or International Residential Code.
Where an escalator or stairway is added where none existed previously and major structural modifications are necessary for installation, an accessible route complying current guidelines of the Americans with Disabilities Act (“ADA”) and/or ICC A117.1 as well as any applicable code requirements if the International Building Code or International Residential Code is required between levels served by such escalator or stairways.
Repairs for substantial structural damage that is caused by a load not defined or required by Chapter 16 of the International Building Code (such as fire, explosion, deterioration, impact, debris, etc.), loads applied to a structure that exceed 150 percent of the code defined design load, or combination thereof may be repaired as less than substantial structural damage per Section 405.2.3 provided all of the following occur:
New fire escapes for existing buildings shall be permitted only where exterior stairways cannot be utilized because of lot lines limiting stairway size or because of sidewalks, alleys or roads at grade level. New fire escapes shall not incorporate ladders or access by windows. Occupants shall have unobstructed access to the fire escape without having to pass through a room subject to locking.
The fire escape shall be designed to support a live load of 100 pounds per square foot (4788 Pa) and shall be constructed of steel or other approved noncombustible materials. Fire escapes constructed of wood not less than nominal 2 inches (51 mm) thick are permitted on buildings of Type V construction. Walkways and railings located over or supported by combustible roofs in buildings of Type III and IV construction are permitted to be of wood not less than nominal 2 inches (51 mm) thick. Fire escapes shall extend to the roof or provide an approved gooseneck ladder between top floor landing and the roof in buildings four or more stories in height having roofs with a slope not exceeding 4 units vertical in 12 units horizontal (33.3 percent slope). Such ladders shall be designed and connected to the building to withstand a horizontal force of 100 pounds per lineal foot (141459 N/m). Each rung shall support a concentrated load of 500 pounds (2224 N) placed anywhere on the rung to produce the maximum stress conditions. All ladders shall be at least 15 inches (381 mm) in clear width, be located within 12 inches (305 mm) of the building and shall be placed flatwise to the face of the building. Ladder rungs shall be at least ¾-inch (19 mm) in diameter and shall be located 10 inches to 12 inches (254 mm to 305 mm) on center. Openings for roof access ladders through cornices and similar projects shall have minimum dimensions of 30 inches by 33 inches (762 mm by 838 mm). The fire escape shall have clearance from electrical service conductors as required by the National Electrical Code.
Stairways shall be not less than 22 inches (559 mm) wide with risers not more than, and treads not less than, 8 inches (203 mm) and landings at the foot of stairways not less than 40 inches (1016 mm) wide by 36 inches (914 mm) long, located not more than 8 inches (203 mm) below the door.
Exception: Any modifications to an existing guard on a stairway or landing of an existing fire escape shall be approved by the Building Official or a duly authorized representative.
The work area, as defined in Chapter 2, shall be identified in the construction documents. The architect of record shall specify the percentage of area, by floor, that constitutes work area. Reconfiguration of floor area shall be the removal, relocation or construction of new walls or building elements within a tenant area of building. Work area calculations shall include the rooms or spaces and areas directly adjacent to where reconfiguration is planned.
Exception: The area of the entire room or space does not need to be included within the work area calculation where the following conditions are met:
New work shall comply with the materials and methods requirements in the International Building Code, International Energy Conservation Code, International Mechanical Code and International Plumbing Code, as applicable, that specify material standards, detail of installation and connection, joints, penetrations and continuity of any element, component or system in the building.
Exception: Where building separation is required by the adopted electrical code to allow for multiple electrical services, a fire wall may be constructed in accordance with the provisions of a two-hour fire barrier per the International Building Code. If the fire wall coincides with that of a required fire barrier, then the most restrictive requirement shall apply. For allowable area purposes, the building is considered as one structure with no benefit derived from the fire wall.
The fire escape shall be designed to support a live load of 100 pounds per square foot (4788 Pa) and shall be constructed of steel or other approved noncombustible materials. Fire escapes constructed of wood not less than nominal 2 inches (51 mm) thick are permitted on buildings of Type V construction. Walkways and railings located over or supported by combustible roofs in buildings of Type III and IV construction are permitted to be of wood not less than nominal 2 inches (51 mm) thick. Fire escapes shall extend to the roof or provide an approved gooseneck ladder between top floor landing and the roof in buildings four or more stories in height having roofs with a slope not exceeding 4 units vertical in 12 units horizontal (33.3 percent slope). Such ladders shall be designed and connected to the building to withstand a horizontal force of 100 pounds per lineal foot (141459 N/m). Each rung shall support a concentrated load of 500 pounds (2224 N) placed anywhere on the rung to produce the maximum stress conditions. All ladders shall be at least 15 inches (381 mm) in clear width, be located within 12 inches (305 mm) of the building and shall be placed flatwise to the face of the building. Ladder rungs shall be at least ¾-inch (19 mm) in diameter and shall be located 10 inches to 12 inches (254 mm to 305 mm) on center. Openings for roof access ladders through cornices and similar projects shall have minimum dimensions of 30 inches by 33 inches (762 mm by 838 mm). The fire escape shall have a clearance from electrical service conductors as required by the National Electrical Code.
Stairways shall be not less than 22 inches (559 mm) wide with risers not more than, and treads not less than, 8 inches (203 mm). Landings at the foot of stairways shall be not less than 40 inches (1016 mm) wide by 36 inches (914 mm) long and located not more than 8 inches (203 mm) below the door.
Exception: Any modifications to an existing guard on a stairway or landing of an existing fire escape shall be approved by the Building Official or a duly authorized representative.
In any work area, and in the egress path from any work area to the exit discharge, in buildings or portions thereof of Group A assembly occupancies with an occupant load greater than 49, all required exit doors equipped with latching devices shall be equipped with approved panic or fire exit hardware in accordance with Section 1010.2.9 of the International Building Code.
Stairways shall comply with all the flowing requirements:
Exceptions:
Enclosed areas, other than closets, kitchens, basements, garages, hallways, laundry areas, utility areas, storage areas and bathrooms shall have not fewer than two duplex receptacle outlets and one ceiling or wall-type lighting outlet.
Where the work area is in any attached dwelling unit in Group R-3 or any multiple single-family dwelling (townhouse), walls separating the dwelling units that are not continuous from the foundation to the underside of the roof sheathing shall be constructed to provide a continuous fire separation using construction materials consistent with the existing wall or complying with the requirements for new structures. Work shall be performed on the side of the dwelling unit wall that is part of the work area.
Exception: Where alterations or repairs do not result in the removal of wall or ceiling finishes exposing the structure, walls are not required to be continuous through concealed floor spaces.
Where the work area is adjacent to a different occupancy group, then separation of the occupancy groups by means of an approved fire barrier shall be in accordance with the International Building Code.
Exceptions:
An addition shall not increase the area of an existing building beyond that permitted under the applicable provisions of Chapter 5 of the International Building Code for new buildings unless fire separation as required by the International Building Code is provided.
Exceptions:
The building shall be safe for human occupancy as determined by the International Fire Code, International Property Maintenance Code, International Building Code, and International Residential Code. Any repair, alternation or change of occupancy undertaken within the moved structure shall comply with the requirements of this Code applicable to the work being performed. Any field-fabricated elements shall comply with the requirements of the International Building Code or the International Residential Code as applicable.
A walkway shall be provided for pedestrian travel in front of every construction and demolition site unless the applicable governing authority authorizes the sidewalk to be fenced or closed. A walkway shall be provided for pedestrian travel that leads from a building entrance or exit of an occupied structure to a public way. Walkways shall be of sufficient width to accommodate the pedestrian traffic, but shall be not less than 4 feet (1219 mm) in width. Walkways shall be provided with a durable walking surface and shall be accessible in accordance with Chapter 11 of the International Building Code. Walkways shall be designed to support all imposed loads and the design live load shall be not less than 150 pounds per square foot (psf) (7.2 kN/m 2).
Exception: The walkway is not required when there is not an existing sidewalk or one planned for that location.
(Ord. 5180-25)
6-160 Additional amendments International Existing Building Code.
The IEBC is further hereby amended such that any references therein to the International Electrical Code and the International Plumbing Code are hereby amended to refer instead, respectively, to the National Electrical Code incorporated by Section 6-202 of this Chapter and to the International Plumbing Code incorporated by Section 6-301 to this Chapter, respectively. If any such references to the International Electrical Code or to the International Plumbing Code are to specific sections thereof, the building official shall determine what the appropriate corresponding reference is to the provisions of the National Electrical Code of the International Plumbing Code.
(Ord. 5180-25)
6-161 Building permits required.
See 6-113 of the City Code.
(Ord. 5180-25)
6-162 Application for permit.
See 6-114 of the City Code.
(Ord. 5180-25)
6-163 Same; alternate procedure.
See 6-114a of the City Code.
(Ord. 5180-25)
6-164 Same; phase I, site work.
See 6-114a1 of the City Code.
(Ord. 5180-25)
6-165 Same; phase II, footing, foundation, structural frame and bearing walls.
See 6-114a2 of the City Code.
(Ord. 5180-25)
6-166 Same; phase III, completion of project.
See 6-114a3 of the City Code.
(Ord. 5180-25)
6-167 Plot diagram.
See 6-115 of the City Code.
(Ord. 5180-25)
6-168 Fee and violation schedule.
See 6-116 of the City Code.
(Ord. 5180-25)
6-169 Same; new construction, additions to existing buildings and building repairs and alterations.
See 6-116.1 of the City Code.
(Ord. 5180-25)
6-170 Same; wrecking permits.
See 6-116.2 of the City Code.
(Ord. 5180-25)
6-171 Same; mechanical equipment.
See 6-116.3 of the City Code.
(Ord. 5180-25)
6-172 Substantiation of valuation; exemption.
See 6-117 of the City Code.
(Ord. 5180-25)
6-173 Contractor defined.
See 6-118 of the City Code.
(Ord. 5180-25)
6-174 Responsibility.
See 6-119 of the City Code.
(Ord. 5180-25)
6-175 License required.
See 6-120 of the City Code.
(Ord. 5180-25)
6-176 Licensing renewal.
See 6-121 of the City Code.
(Ord. 5180-25)
6-177 Class A license.
See 6-122 of the City Code.
(Ord. 5180-25)
6-178 Class B license.
See 6-123 of the City Code.
(Ord. 5180-25)
6-179 Class C license.
See 6-124 of the City Code.
(Ord. 5180-25)
6-180 Class D license.
See 6-125 of the City Code.
(Ord. 5180-25)
6-181 Wrecking contractor’s license.
See 6-126 of the City Code.
(Ord. 5180-25)
6-182 Insurance required.
See 6-126a of the City Code.
(Ord. 5180-25)
6-183 Examination of contractors.
See 6-128 of the City Code.
(Ord. 5180-25)
6-184 License approval and issuance.
See 6-129 of the City Code.
(Ord. 5180-25)
6-185 Revocation of license.
See 6-130 of the City Code.
(Ord. 5180-25)
6-186 Exemptions.
See 6-132 of the City Code.
(Ord. 5180-25)