Chapter 15.40 MECHANICAL CODE

Chapter 15.40
MECHANICAL CODE

Sections:

15.40.010 Adoption of the Mechanical Code.

Prior legislation: Ords. 1666 and 1766.

15.40.010 Adoption of the Mechanical Code.

The International Mechanical Code, 2018 Edition, is hereby adopted by reference as the Mechanical Code of the City of Gardner, Kansas, and not less than one copy of last edition of said code, marked and showing portions that are amended and to which shall be attached a copy of amendments, shall be filed with the City Clerk and shall be open to inspection and available to the public at reasonable business hours. Official copies of such code shall be supplied at the cost of the City to the officials and agencies in the manner listed and set forth in K.S.A. 12-3010. Subsequent references to the “Mechanical Code” shall mean the International Mechanical Code, 2018 Edition. (Ord. 2674 § 6; Ord. 2423 § 4; Ord. 2257 § 11; Ord. 2225 § 4; Ord. 2087 § 4. Code 1990 § 4-801)

15.40.020 Amendments to the Code.

The Mechanical Code as adopted by GMC 15.40.010 is hereby amended and changed to read as follows:

A. Section 101.1 of the International Mechanical Code, 2018 Edition, is hereby amended to read:

Title:

The regulations shall be known as the Mechanical Code of the City of Gardner, Kansas, hereinafter referred to as “this code.”

B. Section 106.5.2 of the International Mechanical Code, 2018 Edition, is hereby amended to read as follows:

The schedule of permit fees shall be established by the Governing Body by resolution.

C. Section 106.5.3 of the International Mechanical Code, 2018 Edition, is hereby amended to read as follows:

Fee Refunds. The code official shall authorize the refunding of fees as follows:

1. The full amount of any fee paid hereunder which was erroneously paid or collected.

2. Not more than seventy-five (75%) percent of the permit fee paid when no work has been done under a permit issued in accordance with the code.

The Code Official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 60 days after the date of fee payment.

D. Section 108.4 of the International Mechanical Code, 2018 Edition, is hereby amended to read as follows:

Violation Penalties:

Penalties: The violation of any provision of this Code shall be deemed to be a misdemeanor; and any person, firm, association, partnership or corporation convicted thereof shall be punished by a fine of not less than $100.00 or greater than $500.00 per offense; and the City shall further have the authority to maintain suits or actions in any court of competent jurisdiction for the purpose of enforcing any provisions of this Code and to seek civil penalties in the amount of not less than $100.00 or greater than $500.00 per offense and to abate nuisances maintained in violation thereof, and in addition to other remedies, institute injunction, mandamus, or other appropriate action or proceeding to prevent such unlawful erection, insulation, alteration, addition, repair, relocation, replacement, maintenance, or use of any plumbing system or to correct or abate such violation, or to prevent the occupancy of said building, structure or land. Each day a violation of this Code shall continue shall constitute a separate offense.

E. Section 108.5 of the International Mechanical Code, 2018 Edition, is hereby amended to read:

Replace the words “Amount” with the number “One Hundred (100)” and “Five Hundred (500)” respectively.

F. Section 109 of the International Mechanical Code, 2018 Edition, is hereby amended to read as follows:

Board of Appeals. The same board as appointed to act as a Board of Appeals for the Building Code, Section 15.05.020 J, shall act as a Board of Appeals for the Mechanical Code.

(Ord. 2674 § 6; Ord. 2423 § 4; Ord. 2349 § 3; Ord. 2267 §§ 6, 7, 8; Ord. 2225 § 4; Ord. 2087 § 4. Code 1990 § 4-802)

15.40.030 Application of other laws.

The provisions of this Code shall not be deemed to nullify any provisions of the zoning law or any other ordinance of the City of Gardner pertaining to the location or type of construction of buildings except as may be specifically required by the provisions of this Code. (Ord. 2674 § 6; Ord. 2423 § 4)