Chapter 13.07
AMENDMENTS TO INTERNATIONAL MECHANICAL CODE AND INTERNATIONAL FUEL GAS CODE
Sections:
13.07.010 Amendment to Chapter 1, Section 103, Department of Mechanical Inspection.
13.07.030 Amendment to Chapter 1, Section 106.5.2, Fee Schedule.
13.07.040 Amendment to Chapter 1, Section 106.5.3, Fee Refunds.
13.07.050 Amendment to Chapter 1, Section 109, Means of Appeal.
13.07.010 Amendment to Chapter 1, Section 103, Department of Mechanical Inspection.
Section 103 of the International Mechanical Code, 2018 Edition, is hereby amended as follows:
Section 103, Creation of enforcement agency.
103.1 Creation of enforcement agency. There is hereby established in this jurisdiction a code enforcement agency which shall be under the administrative and operational control of the building official. The building and fire safety division of the public services department shall function as the enforcement agency.
103.2 Deleted. See YCC 13.04.010
103.3. Deputies. In accordance with prescribed procedures and with the approval of the appointing authority, the building official may appoint such technical officers, inspectors and other employees as shall be authorized from time to time. Such employees shall have powers as delegated by the building official. The building official may deputize such inspectors or employees as may be necessary to carry out the functions of the code enforcement agency.
103.4 Liability. The code building official, officer or employee charged with the enforcement of this code, in the discharge of their official duties, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act required, or permitted in the scope of their official duties.
Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The building official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code; and any officer of the code enforcement agency, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith.
(Ord. 4-2021 § 2, 2021).
13.07.020 Reserved.
(Ord. 4-2021 § 2, 2021).
13.07.030 Amendment to Chapter 1, Section 106.5.2, Fee Schedule.
Section 106.5.2 of the International Mechanical Code, 2018 Edition, is hereby amended as follows:
106.5.2 Fee schedule. The fees for mechanical work shall be as indicated in YCC 13.24.040 Mechanical Code Table 1-A.
(Ord. 4-2021 § 2, 2021).
13.07.040 Amendment to Chapter 1, Section 106.5.3, Fee Refunds.
Section 106.5.3 of the International Mechanical Code, 2018 Edition, is hereby deleted and amended by replacement as follows:
106.5.3 Fee refunds. The building official is authorized to establish a refund policy.
(Ord. 4-2021 § 2, 2021).
13.07.045 Amendment to Chapter 1, Section 108.1, Unlawful Acts, Section 108.2, Notice of Violation, Section 108.3, Prosecution of Violation, and Section 108.4, Violation Penalties.
Sections 108.1, 108.2, 108.3, and 108.4 of the International Mechanical Code, 2018 Edition, are hereby amended as follows:
108.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or utilize a mechanical system or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code.
108.2 Notice of violation. The building official, or his designee, shall is authorized to serve a notice of violation or order on the property owner and other person responsible for the erection, construction, alteration, extension, repair, moving, removal, or demolition mechanical work in violation of the provisions of this code, or in violation of a detail statement or the approved construction documents thereunder, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the unlawful activity, action or condition and the abatement of the violation. Such notice and order shall be in accordance with the provisions of YCC 13.25.015
108.3 Prosecution of violation. Any person, firm or corporation failing to comply with a notice of a violation or order to comply served in accordance with Section 108.2 shall be subject to issuance of a misdemeanor citation and / or civil infraction as provided in YCC Chapter 13.25. If the notice of a violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. All costs to the County of any action taken by the County on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
108.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who shall erect, install, alter or repair mechanical work in violation of the approved construction documents or directive or order of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law and as provided in YCC 13.25. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
(Ord. 4-2021 § 2, 2021).
13.07.050 Amendment to Chapter 1, Section 109, Means of Appeal.
Section 109 of the International Mechanical Code, 2018 Edition, is hereby amended by deletion of sections 109.1 through 109.7 and insertion of text as follows:
Section 109 Means of appeal. The board of appeals created in Section 113 of the International Building Code as amended in YCC 13.05.060 shall hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code. The building official shall be an ex-officio member of said board but shall have no vote on any matter before the board The board shall follow the rules of procedure for conducting its business set forth in Section 113 of the International Building Code as amended in YCC 13.05.060, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official.
(Ord. 4-2021 § 2, 2021).