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Council adopts building-code updates after contested debate on battery rules and storm shelters
Summary
Council adopted Ordinance 2882 updating building-code provisions with amendments tied to the International Residential Code; the meeting featured extended debate over energy-storage-system limits and a new storm-shelter requirement for homes without qualifying basements before passing the ordinance, with at least one recorded dissent.
Gardner City adopted Ordinance 2882 to amend Title 15 and align local residential building rules with select 2024 code provisions while retaining the 2018 International Residential Code (IRC) as a baseline to meet a state deadline.
Staff said the approach preserves the adopted 2018 IRC with targeted additions intended to take effect June 30 so the city is positioned before the July 1 effective date of Kansas Senate Bill 418. The ordinance package addresses several areas: optional elements such as EV charging and energy-storage systems (ESS), fire-separation requirements, a HERS energy rating target, limitations on copper-clad aluminum wiring, and a new requirement that single-family homes without qualifying basements include a storm shelter or equivalent.
"We're recommending an approach that retains the currently adopted 2018 IRC as amended in 2020," a staff presenter said, while also recommending specified 2024-code language on ESS and other elective systems.
The energy-storage rules prompted the longest debate. Staff and the building official described separating ESS caps for locations (40 kWh in utility/closet spaces; up to 80 kWh in attached or detached garages or outside) and relying on manufacturer listings where applicable. Several council members and members of the public warned the proposed kilowatt-hour caps and separation requirements may exclude devices currently marketed and installed locally and asked for more time on Section 327 (energy storage) to ensure manufacturers' specifications and safety guidance align with the new ordinance.
"I think we are severely limiting the market by going to that code," said President Baldwin, urging further review of the ESS section. Council member Mark Ween said the market must grow commercial/industrial valuation but also expressed concern about limiting homeowner options for ESS. Staff and the building official said the 2024 code language reflects national safety updates and that manufacturers participate in the code process.
The ordinance also drew debate over required storm-shelter provisions for slab-on-grade homes; staff said a growing share of new homes are slab-on-grade and would lack qualifying basements, increasing the community's exposure during tornadoes. Council members disagreed on whether to require shelters, offer builders an option, or rely on community shelters; staff noted multifamily and commercial code updates will be considered separately under the IBC.
After debate, the council voted to adopt Ordinance 2882. At roll call the ordinance passed with recorded dissent (Council member Johnson voted no). The ordinance takes effect June 30, 2026, and permits and projects filed before that date remain under prior code.
