Chapter 17.10
INTERNATIONAL MECHANICAL CODE
Sections:
17.10.020 Applicability of International Mechanical Code.
17.10.030 Administration and enforcement – Rules and regulations.
17.10.040 Administration and enforcement – Building official authority.
17.10.060 Liability limitations.
17.10.070 Amendments – Additions.
17.10.100 Hearing examiner to function as appeals board.
17.10.010 Title.
This chapter shall be known as the International Mechanical Code of the city of Oak Harbor. (Ord. 1599 § 5, 2011; Ord. 1514 § 8, 2007).
17.10.020 Applicability of International Mechanical Code.
The most recent edition of the International Mechanical Code as published by the International Code Council and adopted by the Washington State Building Code Council under the provisions of Chapter 19.27 RCW as amended herein is in effect in the city of Oak Harbor. One copy of each document listed in this section shall be filed in the office of the city clerk for examination by the public. The copy of codes on file may be placed by the city clerk in the custody of the office of the building official in order to make them more readily available for inspection and use by the general public. (Ord. 1660 § 7, 2013; Ord. 1599 § 5, 2011; Ord. 1514 § 8, 2007).
17.10.030 Administration and enforcement – Rules and regulations.
The city council may upon notice and hearing promulgate such rules and regulations as may be necessary to the effective and efficient administration of the code. (Ord. 1599 § 5, 2011; Ord. 1514 § 8, 2007).
17.10.040 Administration and enforcement – Building official authority.
The International Mechanical Code shall be administered and enforced by the city building official. (Ord. 1599 § 5, 2011; Ord. 1514 § 8, 2007).
17.10.050 Notices.
It is unlawful for any person to remove, mutilate, destroy or conceal any lawful notice issued or posted by the building official pursuant to the provisions of this code. (Ord. 1599 § 5, 2011; Ord. 1514 § 8, 2007).
17.10.060 Liability limitations.
Nothing contained in this chapter or in the International Mechanical Code is intended to be, nor shall be, construed to create or form the basis for any liability on the part of the city or its officers, employees or agents, for any injury or damage resulting from the failure of a building to conform to the provisions of the International Mechanical Code. (Ord. 1599 § 5, 2011; Ord. 1514 § 8, 2007).
17.10.070 Amendments – Additions.
The following sections and appendix chapters of the International Mechanical Code as adopted in OHMC 17.10.020 are amended to read as follows:
(1) Section 106.4.3 is hereby amended to read as follows:
106.4.3 Expiration. Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void if the work authorized by such permit is not commenced within one hundred eighty (180) days from the date of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred eighty (180) days. Before such work recommences, a new permit shall be first obtained and the fee, therefore, shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original construction documents for such work, and provided further that suspension or abandonment has not exceeded one year. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee.
(2) Section 106.5.2 is hereby amended to read as follows:
106.5.2 Fee Schedule. The fees for mechanical work shall be as indicated in Table 17-6 Mechanical Permit Fees listed in
the Master Fee Schedule adopted by resolution of the city council.
(3) Table 17-6 Mechanical Permit Fees. Fees are listed in the master fee schedule adopted by resolution of the city council.
(4) Section 106.5.3 is hereby amended to read as follows:
106.5.3 Fee Refunds. The building 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 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code.
3. Not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done.
The building official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of fee payment.
(5) Section 108.1 is hereby amended to read as follows:
108.1 Unlawful Acts. It shall be unlawful for a person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish or utilize a mechanical system, or cause the same to be done, in conflict with or in violation of any of the provisions of this code. Each separate day or any portion thereof, during which any violation of this code occurs or continues, shall be deemed to constitute a separate offense.
(6) Section 202 is hereby amended to read as follows:
SUBSTANTIALLY REMODELED. Substantially Remodeled is any alteration or restoration of a building exceeding 60 percent of the assessed valuation of such building within a twelve-month period.
(7) Section 901.5 is hereby added to read as follows:
901.5 Solid Fuel Burning Devices. No used fuel-burning device shall be installed in new or existing buildings unless such device is United States Environmental Protection Agency certified or a pellet stove either certified or exempt from certification by the United States Environmental Protection Agency. EXCEPTION: antique wood cook stoves and heaters manufactured prior to 1940.
(Ord. 1696 § 77, 2014; Ord. 1660 § 8, 2013; Ord. 1599 § 5, 2011; Ord. 1514 § 8, 2007).
17.10.080 Penalties.
(1) It shall be unlawful for a person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building, structure or building service equipment or cause or permit the same to be done in violation of this chapter or the technical codes.
(2) Civil Violation. Except as provided in subsections (4) and (5) of this section, any violation of any of the provisions of this chapter or of the technical codes constitutes a Class 1 infraction as defined in Chapter 1.28 OHMC.
(3) Criminal Penalty. In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who intentionally or knowingly violates any of the provisions of this chapter or the technical codes shall be guilty of a misdemeanor and upon conviction shall be punishable by a fine of up to $1,000 or a jail sentence of up to 90 days, or both such fine and jail time.
(4) Violations of Orders under This Chapter. Any person constructing, repairing, operating, maintaining, changing an occupancy, occupying or moving a building, structure, occupancy, or premises contrary to the provisions of this chapter who continues to construct, repair, operate, maintain, change occupancy, occupy or move such building, structure, occupancy or premises when ordered by the building official to desist from violating a provision or provisions of this chapter shall be guilty of a misdemeanor punishable by a fine of up to $1,000 or a jail sentence of up to 90 days, or both such fine and jail time.
(5) Separate Offense. Each day or portion thereof upon which a violation occurs constitutes a separate offense under subsections (1), (2), (3) and (4) of this section.
(6) Destruction of Notice. It shall be unlawful for any person to remove, mutilate, destroy or conceal any notice issued and posted by the building official pursuant to the provisions of this chapter or the building code, which violations shall be a Class 1 infraction as defined in Chapter 1.28 OHMC. (Ord. 1717 § 33, 2015; Ord. 1599 § 5, 2011; Ord. 1514 § 8, 2007).
17.10.090 Severability.
Should any section, paragraph, sentence or word of this chapter or codes hereby adopted be declared for any reason to be invalid, it is the intent of the city council that it would have passed all other portions of this chapter and of the codes hereby adopted independent of the elimination herefrom of any such portions as may be declared invalid and accordingly such declaration of invalidity shall not affect the validity of this chapter as a whole nor any part hereof other than the part so declared to be invalid. (Ord. 1599 § 5, 2011; Ord. 1514 § 8, 2007).
17.10.100 Hearing examiner to function as appeals board.
All references to the term “board of appeal(s)” shall deem to mean the hearing examiner as per OHMC 18.40.180. Permits under this chapter shall be Type I review process as per OHMC 18.20.230. Appeals of decisions of applicable codes adopted under this chapter shall be to the hearing examiner. (Ord. 1599 § 5, 2011; Ord. 1514 § 8, 2007).