KSC, TITLE 11.  LAND & ENVIRONMENT
 
 
Part III.  Land Development
 
Chapter 21.  Building Code
 
Section 11.2101.  Adoption.
Section 11.2102.  Modification.
Section 11.2103.  Procedures.
Section 11.2104.  Provisions of the Code.
Section 11.2105.  Application.
Section 11.2106.  Administration of the Building Code.

      Section 11.2101.  Adoption.
       The Governor of Kosrae State, or his designee, formulates, proposes and adopts rules and regulations establishing minimum standards for the construction of buildings, or classes of buildings, and the installation of appurtenances thereto. Such rules and regulations may include, but are not limited to, standards or requirements for the design and construction of buildings and other structures and their appurtenances, for the materials to be used in connection therewith, and for their use, occupancy, location and maintenance.  These rules and regulations shall comprise and be collectively known as the Kosrae State Building Code and, to the extent applicable, the design and construction of buildings and other structures shall comply with said Code.  The Kosrae State Building Code shall have the force and effect of law upon adoption.

Background
Added by State Law 5-75.

      Section 11.2102.  Modification.
       Provisions of the Kosrae State Building Code may, from time to time, be added, amended, or repealed to effectuate the purposes of this Chapter.

Background
Added by State Law 5-75.

      Section 11.2103.  Procedures.
       The Kosrae State Building Code and all additions, amendments or repeal of its provisions, shall be adopted pursuant to the procedures of Code Section 2.406.

Background
Added by State Law 5-75.

      Section 11.2104.  Provisions of the Code.
       The Kosrae State Building Code shall be designed to achieve the following:

     (1)  To provide reasonably uniform standards and requirements for construction and construction materials, consonant with accepted standards of engineering and fire prevention practices;

     (2)  To permit, so far as may be practicable, the use of modern technical methods, devices and improvements which tend to reduce the cost of construction without substantially affecting reasonable requirements for the health, safety and security of the occupants or users of the building or other structure;

     (3)  To encourage, so far as practicable, the standardization of construction practices, methods, equipment, material and techniques;

     (4)  To eliminate restrictive, obsolete, conflicting and unnecessary building practices and requirements that tend unnecessarily to increase construction costs or retard the completion of construction;

     (5)  To provide for the upgrading of existing buildings and structures to the standards set out in the Kosrae State Building Code; PROVIDED that such upgrading of existing buildings and structures shall not be required prior to modification or repair of the building or other structures; PROVIDED FURTHER that such upgrade shall not be required for the construction of buildings and other structures for which funds have been obligated prior to the adoption of the Kosrae State Building Code; and

     (6)  To provide an administrative procedure for appealing decisions of the Building Officer with adequate notice to the aggrieved party and with an opportunity to be heard and present evidence.

Background
Added by State Law 5-75.

      Section 11.2105.  Application.

     (1)  The Kosrae State Building Code is applicable to the construction of all buildings and other structures, and the installation of appurtenances thereto, that are funded by the State or supported with State funds.  This includes, without limitation, such projects directly funded or financed by the State, and projects wherein the monies are administered or managed by the State; PROVIDED, HOWEVER, that when the monies for construction are made available to the State on condition that a different building standard shall apply, and such standard is more stringent or restrictive, then such alternate standard applies to that particular project.

     (2)  The Kosrae State Building Code also applies to such other buildings or other structures to be constructed with funds from the National or any foreign government or governmental agency unless specifically modified or waived by the Building Officer.

     (3)  The application of the Kosrae State Building Code may be limited to specified classes or types of buildings according to use or other distinctions, and may differentiate among different areas of the State depending on special conditions therein.

Background
Added by State Law 5-75.

      Section 11.2106.  Administration of the Building Code.
       The Governor shall designate a person within the Executive Branch as the Building Officer to administer and enforce the Kosrae State Building Code. Subject to the procedures and limitations set out in the Kosrae State Building Code, the Building Officer is expressly authorized and empowered:

     (1)  To examine and approve or disapprove plans and specifications for the construction of buildings and other structures to which that act applies.

     (2)  To require that the construction of any such building or structure be in accordance with the applicable provisions of the Kosrae State Building Code, subject, however, to the powers of variance or modification that may be granted in the Kosrae State Building Code.

     (3)  To issue certificates of occupancy, permits, licenses and such other documents as may be required by the Kosrae State Building Code in connection with the construction.

     (4)  To prohibit the commencement of construction until a permit therefor has been issued showing compliance with the requirements of the applicable provisions of the Kosrae State Building Code.

     (5)  To ensure compliance with this Chapter and all rules and regulations adopted hereunder, and in connection with any hearings or investigations, the Building Officer shall have the authority to subpoena witnesses, records, books, documents and any relevant information not otherwise protected by law.

     (6)  To order in writing, the remedying of any condition found to exist in or about any building in violation of the Kosrae State Building Code.  Such orders shall be served in the same manner as the service of summons as prescribed by the rules of the Kosrae State Court.

     (7)  To exercise such ancillary powers as set out in the Kosrae State Building Code and as necessary to fulfill the purposes of this act.

Background
Added by State Law 5-75.

Cross-reference:
See Section 13.535 [13.536] for penalties for Building Code Violations.
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