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Home My Public Portal AboutOrd 080 Unif Mechanical 1982 ~--,._~,."-'------_.~~_._~~._.----~-,---- () \.- 7?C'/-if J/tf( , l' :L,_, ,,/,A /{',tl..,:', lI",_~".:"_, J'c., V. L J () f THE CITY OF BEL AIRE, KANSAS ORDINANCE If ?rV AN ORDINANCE ADOPTING THE 1982 UNIFORM MECHANICAL CODE AND PROVIDING FOR THE ISSUANCE OF PERMITS AND THE COLLECTION OF FEES AND REPEALING ORDINANCE #15-1981. WHEREAS, the Governing Body of the City of BEL AIRE, Kansas did on the 2nd day of June, 1981 adopt the Uniform Mechanical Code, 1979 edition; and, WHEREAS, the Governing Body now deems it advisable to adopt the Uniform Mechanical Code, 1982 edition, providing for the regulation, installation, erection, construction, enlargement, alteration, repair, moving, improvement, conversion, removal, equipment, use and maintenance of mechanical systems or equipment. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE, KANSAS, that the following mechanical code for the incorporated area of the City of BEL AIRE, Kansas be and the same is hereby adopted. Section I: Standard Code Adopted. The "Standard Code" as referred to herein is the Uniform Mechanical Code, 1982 Edition, as published by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California 90601, and the International Association of Plumbing and Mechanical Officials, 5032 Alhambra Avenue, Los Angeles, California 90032, except Sections 204 and 403. The Standard Code shall include all appendices and codified supplements to the Uniform Mechanical Code, 1982 Edition. The Standard Code is hereby adopted as the Mechanical Code for the incorporated area of BEL AlRE, Kansas, and incorporated by reference herein as is fully set out in this section. Section II: Copies on File. Not less than three (3) copies of the Standard Code incorporated by reference in Section I shall be filed with the City Clerk. Section III: Definitions. A. Agricultural Building. Section 403 of the Standard Code is hereby amended by adding the following definition. "Agric'lltural Building" means a structure designed and constructed to house farm implements, hay, grain, poultry, livestock, or other horticultural products. This structure shall not be a place for human habitation or a place of employment where agricultural products are processed, treated or packaged nor shall it be a place used by the public. :I; Section IV: Violations and Penalties. Section 204 of the Standard Code is amended to read ad follows. A. Violations. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, or maintain any mechanical system or equipment in the incorporated area of BEL AIRE, Kansas or cause or permit the same to be done in violation of this Code. B. Service of Notice. Whenever the Building Official determines that there are reasonable grounds to believe that a violation of any provision of this Code has occurred, he or she shall cause notice of such alleged violation to be served upon any person, firm or corporation responsible therefore. Such notice shall: (1) be in writing; (2) include a description of the real estate sufficient for identification; (3) specify the violation which exists and the remedial action required; (4) allow a reasonable time for the performance of any act it requires. Such notice shall be deemed to be properly served upon such alleged violator if a copy thereof is delivered to such alleged violator personally, or, if not found, a copy thereof is left at such alleged violator's place of abode with a person of suitable age and discretion who shall be informed of the contents thereof. Such notice shall also be deemed to be properly served upon the alleged violator if a copy thereof is sent by mail to such alleged violator's last known address, or if the letter with a copy is returned showing it has not been delivered, a copy thereof is posted in a conspicuous place on or about the building or structure affected by the notice. C. Enforcement. In case any order or notice authorized herein is not promptly complied with, the Building Official shall request the City Attorney to institute an appropriate action or preceeding against the person responsible for the violation: (1) to restrain, correct or remove the violation or to compel such person to refrain from any further execution of work; (2) to restrain or correct the erection, construction, installation, alteration, construction, enlargement, repair, improvement, moving, removal, conversion, demolition, equipping, use, or maintenance of such mechanical systems or equipment; (3) to require the removal of work in violation; (4) to prevent the use of the mechanical system or equipment or part thereof erected, constructed, installed, altered, enlarged, repaired, moved, improved, removed, converted, demolished, equipped, used or maintained in violation of this Code or in violation of a plan or specification under which an approval, permit or certificate was issued. ,2 In addition, or in the alternative, the Building Official may request the City Attorney to enforce the penalty provision of this Code. D. Penalty for Violations. Any person, firm or corporation who shall be convicted in a court of competent jurisdiction of violating any provision of this Code shall be deemed guilty of a Class C misdemeanor and, in accordance with K.S.A. 21-4502, shall be subject to a definite term of confinement in the county jail which shall be fixed by the court and shall not exceed one (1) month. In addition to or instead of the confinement authorized by law, a person convicted of violating any provision of this code may be sentenced to pay a fine which shall be fixed by the court at a sum not to exceed $500, in accordance with K.S.A. 21-4503. Each day that any violation of this Code occurs after due notice has been served in accordance with the terms and provisions hereof shall constitute a separate offense and shall be punishable as a separate violation. Provided, however, that if any person, firm or corporation is found guilty of a Class C misdemeanor hereinunder and it shall appear to the court that the violation complained of as prescribed in this Code is continuing, then in addition to the penalty set forth above", the court shall enter such order as it deems appropriate to cause the violation to be abated. Section V: Mechanical Contractor or Journeyman Mechanic Certification. 1. Certificate Required. It shall be unlawful for any person to engage in the business of contracting mechanical construction without first having secured a mechanical contractor certificate as provided for by this Ordinance. Further, it shall be unlawful for any person to engage in the trade or otherwise perform acts of mechanical installation within or on any building or premises without first having secured a mechanical contractor or journeyman mechanic certificate. The following exceptions shall be allowed: (a) Apprentices shall be permitted to work when accompanied by and under the direct supervision of a mechanical contractor or journeyman mechanic. (b) Owners of one and two-family dwellings who currently reside in the residence where the work is being performed shall be permitted to work on the mechanical systems in that residence and accessory structures thereof, provided all other require- ments of this Code are complied with. 2. Examination Application. Applications for examination for a mechanical contractor or journeyman mechanic certificate shall be made to the Sedgwick County Division of Building Inspection, Planning and Zoning and referred to the Board of Mechanical Examiners. The Board may establish minimum levels of experience, training and other quali- fications required to qualify for examination. Section VI: Miscellaneous Provisions. A. Agricultural Building Exempted. Agricultural buildings, as defined in Section III. A. hereof, shall be exempted from the pro- visions of this Code. 3 B. Saving Clause. All rights and remedies of BEL AIRE and the property owners and residents thereof are expressly saved as to any and all violations that have accrued at the time of the effective date of this Ordinanace, or Ordinance #15-1981 or any prior mechanical Ordinances. The court shall have all the powers that existed prior to the effective date of this Ordinance as to all such accrued violations. C. Repeal. All prior Ordinances or parts thereof in conflict herewith, including, but not limited to, Ordinance #15-1981 are hereby repealed. D. Severability. Should any section, clause or provision of the Ordinance be declared by any court of competent jurisdiction to be invalid, the same shall not affect the validity of this Ordinance as a whole, or any part thereof, other than the part so declared to be invalid. Section VII. This Ordinance shall take effect and be enforced from and after publication once in the official city newspaper. PASSED AND ADOPTED ~~964r~.. 0'" -"" . ,':l ,," _ ;:.,. ......, .,..-;:>,. {> :;c~~~~~J1' by the Mayor this :? ~ay of "'. /'. '''t:\ - <:-, \, I'rJ I,.....,,. .7./,.. ."1,, \ ",' f ~ -~'" I ( ) . "~ \';P I - .' /," "" ........' -.,..' \ '..~;? ~ ~ --,~ ;:: :, ;i~j;..',:~() ~ (~\ \ /'J' '\:I',,~fV~ s" ,-;::- .. 't' ""'... .,,,- /'\?'/:~":"" ""r" .f/. ,'.. 'r , . "'~'... ('" ~'-"""":'" .',,1"" _....'.>. "",.' Ir~~'~(\,.\ by the Governing Body this /~ day of 1717 1J17 ~~ j?~ Mayor , 1984. ~c:Y~ City Clerk 4