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Home My Public Portal AboutOrd 167 Unif Mechanical Cd 88 Jk~V~~ n;,)0 T!:; 1~90 mE CITY OF BEL AIRE, RANSAS <lIDnw<<::E m. / t, 7 AN ORDINANCE ADOPTING THE 1988 UNIFORM MECHAN- ICAL CODE AND PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTIONS OF FEES AND REPEALING EXISTING ORDINANCE '15-1981. WHEREAS, the Governing Body now deems it advisable to adopt the Uniform Mechanical Code, 1988 Edition, providing for the regulation, ~nsta~lation, erection, construction, enlargement, alteration, repair, mov~ng, ~mprove- ment, 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 AlRE, 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, 1988 Edition, as published by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California 90601, and International Association of Plumbing and Mechanical Officials, 20001 Walnut Drive South, Walnut, California, 91789, and as amended herein. The Standard Code shall include all appendices and codified supplements to the Uniform Mechanical Code, 1988 Edition. The Standard Code is hereby adopted as the Mechanical Code for the City of Bel Aire, Kansas, and is incorporated by reference herein as if fully set out in this section. Changes and additions to the Standard Code which shall be stated in full hereafter include: Sections 204, 307, 403, 404, 408 and 417. 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. Said copies shall have attached a copy of this Ordinance and shall be open to inspection and available to the public at all reasonable business hours. 1 SECTION III. DEFINITIONS A. Agricultural Buildin9. Section 403 of the Standard Code is amended by adding the following definition: "Agricultural B1:lilding" means a structure designed and constructed to house farm implements, hay, grain, poultry, livestock, or other horticul- tural products. The structure shall not be a place of 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. B. Building Official. section 404 of the Standard Code is amended as follows: "Building Official" is the official or other designated authority charged with the administration and enforcement of the Standard Code, and that Official's designee(s). The terms "Building Official" and "Department Director" of the Department of Code Enforcement are synonymous. C. Family. section 408 of the Standard Code is amended by adding the following definition: "Family" means an individual, two or more persons related by blood, marriage or law, or a group of not more than any five persons living together in a dwelling unit. Servants having common housekeeping facilities with a family consisting of an individual, or two or more persons related by blood, marriage or law, are a part of the family for the Standard Code. D. One and/or Two-Family Dwelling unit. section 417 of the Standard Code is amended by adding the following definition: "One and/or Two-Family Dwelling unit means a structure having one or two, but not more than two, units providing complete independent living facilities for one or more persons constituting a family, including perma- nent provisions for living, sleeping, eating, cooking, and sanitation. SECTION IV: ADOPTION OF RULES AND REGULATIONS The administrative authority shall have the authority to promulgate such rules and regulations as are necessary to carry out the purpose of the Standard Code and such rules and regulations shall be effective upon approv- al by the Governing Body of the City. 2 SECTION V: VIOLATIONS. ENFORCEMENT. AND PENALTIES. Section 204 of the standard Code is amended to read as 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 NOTE OF VIOLATION(S) AND CORRECTION(S) ORDERED. 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 action required. 4) allow a reasonable time for the performance of any act it requires. which exists and the remedial 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 the copy is returned showing it has not been delivered, a copy thereof is posted in a conspicuous place in, or, 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 preceding 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; 3 2) to restrain, or correct the erection, construction, installation, alteration, enlargement, addition, 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 hereof 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 used. 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 which shall be fixed by the Court and shall not exceed one (1) month. In addition to or instead of 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 $500.00, 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 punish- able 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 viola- tion to be abated. SECTION VI MECHANICAL CONTRACTOR OR JOURNEYMAN MECHANIC CERTIFICATE. 1. Certification 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 plumbing installation within or on any building or premises without first having secured a plumbing contractor or journeyman plumber certificate. 4 It shall be unlawful for any reason to engage in the business of con- tracting gas system installation without first having secured a master gas fitter 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 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 Inspections, Planning and Zoning and referred to as the Board of Plumbing Examiners. The Board may establish minimum levels of experience, training and other qualifications required to qualify for examination. SECTION VII. MISCELLANEOUS PROVISIONS A. Agricultural Building Exempted. Agricultural buildings, as de- fined in section III hereof, shall be exempted from the provisions of this Code. 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 Ordinance. The court shall have all the powers that existed prior to the effective date of this Ordinance as to all accrued violations. C. Repeal. All prior Ordinances or parts thereof in conflict here- with are hereby repealed. D. Severability. Should any section, clause or provision of this Ordinance be declared by any court of competent jurisdiction to be invalid, the same shall not effect the validity of this Ordinance as a whole, or any part thereof, other than the part so declared to be invalid. 5 SECTION VIII. EFFECTIVE DATE. This Ordinance shall take effect and be enforced from and after publi- cation once in the official city newspaper. PASSIlD and ADOPTED by the Governing Body this 3d day of h' 1990. .C" ,- I. ,'.. ""0'" V "-",'1 i;'; '. ~t::!:.'" ....' / i..\'.- "'"' ';. ',~ "'~' 0. /C'r~~}p1\~~~1W i ~ ~;r~\I',,' ',\ q r: ~. ~', ...'.'i \, '-:'..' " -,. ,.4-:-~>""f~~~~~t...\ : ,,' i~. . ~!\~~p t~~\ ~/: u.,,~__ .. \ '\ \. ~{ Ii:)'''' the Mayor this L.2J;{ day;Ji;f.' ~____ ._____ ~! / c;/A; City Cl rk 6