There is hereby adopted and incorporated by reference, for the purpose of establishing rules and regulations for controlling the design, construction, quality of materials, erection, installation alteration, repair, location, relocation, replacement, addition to, use or maintenance of heating, ventilating, cooling, refrigeration systems, incinerators, or other miscellaneous heat-producing appliances the International Mechanical Code, 2006 edition, published by the International Conference of Building Officials, such code being made as a part of the ordinances and code of the city as if the same had been set out in full herein, all as authorized and in the manner prescribed in K.S.A. 12-3009 through 12-3012 including any amendments thereto. No fewer than three copies of the International Mechanical Code shall be marked or stamped “Official Copy as Incorporated by the Code of the City of Girard,” and shall be filed with the city clerk to be open to inspection and available to the public at all reasonable hours of business. Any person violating any provision of such code shall be punished as provided in section 1-116 of this code.
Any person violating any provision of such code shall be punished as provided in section 1-116 of this code.
(Code 1998; Ord. 1238; Code 2018)
The following sections of this article are in addition to the provisions of the standard code incorporated by reference in section 4-501.
(Code 1998)
The building official or his or her authorized designee shall be responsible for the administration and enforcement of this article and appointment of a mechanical inspector in accordance with section 4-204 of this chapter, which apply in a like manner to this article.
(Code 1998)
The building official may assume the responsibilities of or appoint some qualified officer or employee of the city to be and perform the duties of mechanical inspector as may be required, subject to the consent and approval of the governing body.
(Code 1998)
The mechanical inspector shall have the following duties:
(a) To enforce all regulations relating to mechanical construction, alteration, repair and removal;
(b) May permit, with the approval of the governing body, on the basis of duly authenticated reports from recognized sources, the use of new materials or modes of construction, not provided for in this article, and may, for the purpose of carrying out the intent of this article adopt an accepted standard of material or workmanlike practices of federal or state bureaus, national, technical organizations or fire underwriter;
(c) To examine all building in the process of erection, construction alteration or relocation in the city for the purpose of determining whether the work is in compliance with the mechanical permit given and in compliance with the regulations of the city pertaining to such work, including zoning regulations; and
(d) To keep comprehensive records of application, of permits or certificates issued, of inspections made, of reports rendered, and of notices or orders issued. All such records shall be open to public inspection during stated office hours, but shall not be removed from the office of the building official or mechanical inspector without his or her written consent.
(Code 1998)
The mechanical inspector shall have the following powers:
(a) To enter any building or structure or premises at any reasonable hour, whether complete or in the process of erection, to perform the duties contained in this chapter;
(b) To adopt and enforce all such prudent emergency measures as he or she may deem necessary and expedient for the public safety under the laws of the city;
(c) May cause any work done in violation of this article to be discontinued until he or she have satisfactory evidence that the work will be done in accordance with the mechanical regulations of the city, subject to the right of any mechanic, mechanical contractor or owner to appeal to the governing body.
(Code 1998)
The mechanical inspector, or his or her agent, upon proper identification, shall have authority to enter any building, structure or premises at any reasonable hour to perform his or her duties as set out in this chapter.
(Code 1998)
(a) The governing body shall be the final determiner of the scope and meaning of all provisions of the mechanical code which may be unclear, ambiguous, or requiring interpretation.
(b) The mechanical inspector shall have the power, with the approval of the governing body to modify any provisions of the mechanical code upon application in writing by the owner or lessee or his or her authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code. In approving modifications, the mechanical inspector shall see that the spirit of the code is observed, public safety secured and substantial justice done. The particulars of a modification when granted or allowed and the decision and a signed copy shall be furnished to the applicant.
(Code 1998)
(a) It shall be unlawful to install, alter or reconstruct any mechanical system, as defined by the mechanical code and section 4-501, in any building in the city without first making application to and receiving a permit therefor from the city clerk, after approval by the chief building official or his or her authorized assistant. The application for such permit shall be made and the permit obtained before any mechanical work is commenced.
(b) A mechanical permit shall not be required for the following:
(1) A portable heating appliance, portable ventilating equipment, portable cooling unit or portable evaporative cooler.
(2) A closed system of steam, hot or chilled water piping within heating or cooling equipment regulated by this code.
(3) Replacement of any component part or assembly of an appliance which does not alter its original approval and complies with other applicable requirements of this code.
(4) Refrigerating equipment which is part of the equipment for which a permit has been issued pursuant to the requirements of this code.
(5) A unit of refrigerating system.
Exemption from the permit requirements of this code shall not be deemed to grant authorization for work to be done in violation of the provisions of this code or other laws or ordinances of this jurisdiction.
(a) A mechanical permit shall be issued upon an application in writing to the office of city clerk on a form or forms provided for the purpose. This application shall, among other things disclose the following:
(1) The name of the owner of the structure;
(2) Location of the structure;
(3) The mechanical work proposed;
(4) The class of occupancy;
(5) The class of construction;
(6) The kind of materials to be used;
(7) The estimated cost of the work;
(8) The date work will commence;
(9) Expected date of completion;
(10) Name and address of mechanic, mechanical contractor or contractors doing the work;
(11) Such other information as may be pertinent to the issuance of the required permit.
(b) An application for a mechanical permit shall be signed by the owner or his or her duly authorized agent, or a mechanic or mechanical contractor licensed by the city. If the applications made by the owner or his or her agent, it shall contain the name or names of the licensed mechanic or mechanical contractor or contractors doing the work described, or a mechanic permit may be issued to the owner upon his or her application disclosing satisfactory evidence that the proposed work will be performed by the owner himself or herself and not by a licensed mechanic or mechanical contractor, and likewise subject to the final approval of the mechanical inspector for work performed.
(c) Upon approval of the completed application and a determination that a permit should be issued, the chief building official or his or her assistant shall issue a permit to the owner or contractor authorizing the mechanical work covered by the application.
(d) Any permit issued under this section shall be valid and subsisting for a period of not more than six months from the date of issuance unless the permittee shall have commenced within the period so limited, the mechanical work authorized by such permit. Mechanical work other than the preparation of plans or the letting of a mechanical contract.
(Code 1998)
Whenever an application for a mechanical permit is made, the chief building official or the mechanical inspector may, if he or she finds it necessary to determine whether work described in the application will comply with the laws pertaining to such work, require that the applicant file a written description or drawing of the proposed mechanical construction as may be prepared for the purpose. If such drawing or description is insufficient for the purposes of determining whether a permit should be issued, the chief building official or the mechanical inspector may require the applicant to file complete architectural and engineering plans and specification for such building or construction, or any part thereof, as may be necessary for the inspector to determine compliance with this article. The filing of such plans and specifications and the approval thereof in connection with an application for a permit shall not in any way affect the authority of the city to deny or issue a permit, or to inspect any mechanical work for conformity with this article.
(Code 1998)
The fee for a mechanical permit shall be $10, however, no fee shall be required to obtain a permit where the total estimate cost, the reasonable value of all services, labor and materials required, is under $1,000. The fee herein shall be paid to the city clerk upon obtaining a mechanical permit and the same shall be credited to the general operating fund of the city.
(Code 1998)
A copy of the mechanical permit shall be kept on the premises for public inspection during the performance of the work and until the completion of the same. The mechanical inspector may require a certified copy of the approved plans to be kept on the premises at all times from the commencement of the work to the completion thereof.
(Code 1998)
Upon the completion of any mechanical work covered by this article, it shall be the duty of the person doing such work to notify the mechanical inspector and request that it be inspected; after which such work shall be inspected promptly as hereinafter provided.
(Code 1998)
(a) When any mechanical construction is to be hidden from view by the permanent placement of parts of the building, the person, firm or corporation installing the mechanical construction shall notify the mechanical inspector and such equipment shall not be concealed until it has been inspected, approved or authorized by the mechanical inspector or until 24 hours, exclusive of Saturdays, Sundays and holidays, shall have elapsed from the time of such notification. On large installations, where the concealment of mechanical construction proceeds continuously, the person, firm or corporation installing the mechanical construction shall give the mechanical inspector due notice and inspections shall be made periodically during the progress of the work.
(b) The mechanical inspector shall have the authority to require owners or contractors to open such work which, in any manner, conceals mechanical construction that has been closed without his or her knowledge or permission, and in no case shall the inspector issue a certificate of approval until satisfied that the work is in accordance with the provisions of this article. The inspector shall also have the right to refuse to issue a certificate of approval on any mechanical construction, that is concealed in such manner that it cannot be fully determined that it has been done in accordance with this article.
(Code 1998)
(a) When the mechanical inspector finds mechanical construction to be in conformity with the provisions of this article, he or she shall issue to the person, firm or corporation performing the mechanical construction, a certificate of approval, with duplicate copy for delivery to the owner, authorizing the use of the mechanical system and connection to the supply of gas, electricity or water as the case may be.
(b) When a certificate of approval is issued authorizing the connection and use of a temporary gas, electric or water supply, the certificate shall expire at a time to be stated therein and shall be revocable for cause by the mechanical inspector.
(c) In no case shall certificates of approval be issued on mechanical systems or parts of systems where the work installed does not conform to the requirements of this article.
(d) Upon inspection, the mechanical system is not found to be fully in conformity with the provisions of this article, the mechanical inspector shall immediately notify the person, firm or corporation making the installation of the existing defects.
(e) No certificate of approval shall be issued unless the mechanical system has been installed in strict conformity with the provisions of this article and unless the mechanical system is made in compliance with nationally approved methods of construction for safety to life and property as herein set forth.
(f) The mechanical inspector shall be deemed the judge of whether the mechanical system has been made in accordance with the requirements of this article.
(g) No certificate of approval shall be required for the same as 4-509 subsection (b).
(Code 1998)
It shall be unlawful for any person, firm or corporation to make connection to a supply of gas, electric or water for which an inspection is required, or which has been disconnected by the order of the mechanical inspector, until a certificate of approval has been issued by the mechanical inspector authorizing the connection and use of such mechanical system. The mechanical inspector may, at his or her discretion, authorize a temporary connection.
(Code 1998)
(a) If in the judgement of the mechanical inspector after inspection, the mechanical system in any building is unsafe or dangerous to persons or property, the inspector shall have the power to cause the mechanical system to be disconnected from the supply of gas, electric or water and may, at his or her discretion, seal the control valves for the same in a closed or disconnected position, whereupon he or she shall give notice to the owner, or his or her agent, or by posting such notice at the site and shall also notify the utilities serving the premises. Thereafter, it shall be unlawful for any person to cause or permit gas, electric or water to be supplied to the mechanical system so sealed until they shall have been made safe and the inspector shall have issued a certificate of approval to that effect.
(b) When the mechanical inspector condemns all or part of a mechanical system, the owner may, within 10 days after receiving written notice thereof, file a petition in writing for review of the action of the mechanical inspector by the governing body, upon the receipt of which the governing body shall at once proceed to determine the facts, and within 10 days from receiving the petition make a decision in accordance with their findings.
(Code 1998)
(a) A mechanic or mechanical contractor shall mean:
(1) Any person engaged in the business of installing, altering, maintaining or repairing mechanical systems which shall include all materials and fixtures, water pipes, electric wires, gas lines, vent piping and drains, including their respective points, connections, devices, receptacles and appurtenances located within the property lines of any premises or in any building for the use of the mechanical system.
(b) A mechanic or mechanical contractor as defined in subsection (a) of this section shall not mean or include the owner of a residence who personally installs mechanical equipment within and upon his or her own residence and intended for his or her own personal use and permanent occupancy; provided, the owner shall satisfy the mechanical inspector as to his or her ability to install such piping or equipment, secure a permit, pay required fees, do work in accordance with this article, and apply for an inspection and receive approval. Personal installation by an owner under this section shall be himself, herself, for himself or herself on his or her own residence, without compensation and no person shall be employed to assist him or her in any way on such work except a mechanic or mechanical contractor licensed by the city.
(Code 1998)
(a) Each mechanic or mechanical contractor shall before entering upon any mechanical work subject to regulation by city laws, apply to the city clerk for a mechanical license and receive the same as hereinafter provided and have in his or her possession a valid license authorizing him, her or it to engage in the trade or occupation of a mechanic or mechanical contractor in the city.
(b) No permit for any mechanical work shall be issued for any such work to be performed by a mechanic or mechanical contractor, as defined, who has not first obtained a license upon making a proper application and payment of the license fee as required.
(c) It shall be unlawful for any person, firm, company, association or corporation to enter into a contract or agreement with another so as to bring himself, herself, or itself under the definition of a mechanic or mechanical contractor herein, or to perform any work as a mechanic or mechanical contractor or any work under a contract for any work involving mechanical construction, without first having obtained a mechanic license issued by the city.
(Code 1998)
Application for a mechanic license shall be made upon a form to be supplied by the city which shall disclose the name of the applicant, his or her place of business in the city (and home office if a nonresident), the kind or contracting work engaged in, the length of time engaged in such work and places where work has been performed within the past two years. The applications shall be signed by the mechanic or his or her authorized agent. The applications shall be, by the chief building official referred to the governing body at its next meeting for action thereon. Such license shall be issued by the city clerk, upon payment of the fees hereinafter provided after approval of the governing body.
(Code 1998)
The following license fees shall be paid for the calendar year or major fraction thereof:
(1) General mechanic contractor, who shall qualify to engage in more than one kind of mechanic, the sum of $10. Any license issued on or after July 1st of each year shall be issued upon payment of one-half the annual license fee.
(b) Each such license shall set forth the kind of mechanical work in which the licensee may engage. The license shall display his or her license at any place where he or she may be engaged in mechanical work or produce the same on demand of any city officer. All licenses shall be renewable annually as in the case of an original license on or before the first day of January of the year for which issued.
(c) It shall be unlawful for any person, firm or corporation to contract for any kind of work covered by this article without having a valid license issued by the city to perform such contracts.
(Code 1998)
(Code 1998; Ord. 1264; Code 2018)
A mechanic or mechanical contractor must procure and maintain a liability insurance policy in the amount of $100,000 for the death or injury of any one person and $300,000 for the death or injury of any number of persons in any one accident and $50,000 for property damage in any one accident. Such policies of insurance shall be issued by some insurance company authorized to do business in the State of Kansas. A mechanic or mechanical contractor may qualify as to the insurance requirements by filing a certificate with the city clerk executed by the resident agent of such company stating that the required policy of insurance has been issued by such company for the purpose required by this article and that such insurer will not cancel the policy except upon giving 30 days’ notice in writing to the city and that the certificate shall be filed for an annual period beginning January 1st and ending December 31st of such year.
(Code 1998)
(a) The license of any mechanic or mechanical contractor may be suspended temporarily, for a period of not to exceed 30 days at any one time, by the governing body upon a complaint of the city mechanical inspector. Notice shall be given in writing to such mechanic or mechanical contractor giving reasonable notice of a time of hearing of the complaint or the matter alleged against such mechanic or mechanical contractor involving any one or more of the following:
(1) Misrepresentation of a material fact by applicant in obtaining a license;
(2) Use of license to obtain a mechanical permit for another;
(3) Failure or neglect to observe conditions of a permit authorizing encumbering of streets or sidewalks for safety of public;
(4) Performance of any mechanical work without a permit where one is required by law; or
(5) Willful disregard of any violation of the mechanical laws, or failure to comply with any lawful order of the city mechanical inspector.
(b) It shall be unlawful to engage in the occupation or trade of mechanic or mechanical contractor during the time any license of such mechanic or mechanical contractor has been suspended or revoked.
(Code 1998)
Nothing contained shall prohibit any property owner from personally installing mechanical equipment within and upon his or her own residence and intended for his or her personal use and permanent occupancy; provided, the owner shall satisfy the mechanical inspector as to his or her ability to install such equipment, secure a permit, pay required fees, do work in accordance with this article, and apply for an inspection and receive approval. Personal installation by an owner under this section shall be by himself, herself, for himself or herself on his or her own residence, without compensation and no person shall be employed to assist him or her in any way on such work except a mechanic or mechanical contractor licensed by the city.
(Code 1998)
No mechanical materials, appliances or equipment shall be installed in the city unless they are in conformity with the provisions of this article and with approved standards of construction for safety to life and property. Conformity of materials for mechanical materials, appliances and equipment to the standards of the Underwriters Laboratories, Inc., shall be prima facie evidence that the materials, devices, appliances and equipment comply with the requirements of this article.
(Code 1998)
This article shall not be construed to relieve from or lessen the responsibility or liability of any party owning, operating, controlling or performing any mechanical construction for damages to persons or property caused by any defect therein, nor shall the city be held as assuming any such liability, by reason of the inspection or reinspection authorized herein, or the certificate of approval of any work or equipment authorized herein or by reason of any permit or license granted herein.
(Code 1998)
If any section of the Uniform Mechanical Code of this article shall be held unconstitutional or otherwise invalid by any court of competent jurisdiction, then such section shall be considered separate and apart from the remaining provisions of the Uniform Mechanical Code or of this article, the section is to be completely severable from the remaining provisions which shall continue in full force and effect.
(Code 1998)