Borough of Malvern, PA Article V Mechanical Standards

[Adopted 10-16-1990 by Ord. No. 90-10 (Part 6, Ch. 7, of the 1975 Code of Ordinances); amended 4-16-1996 by Ord. No. 96-9]

§ 89-28 Adoption of mechanical standards.

The model mechanical regulations (BOCA Mechanical Code), entitled "BOCA National Mechanical Code, Eighth Edition, 1993," published by the Building Officials and Code Administrators International, Inc., are hereby adopted, as amended and supplemented pursuant to this section.

§ 89-29 Amendments and insertions.

The BOCA Mechanical Code, adopted hereby, is changed and/or completed as follows:

A. In § M-100.1, insert "The Borough of Malvern" in place of "[Name of Jurisdiction]."

B. Sections M-113.2, M-113.3, M-113.4 and M-113.5 are deleted and replaced with the following:

M-113.2 Fee Schedule: The permit fees for permits, periodic inspections, plan reviews and mechanical work shall be paid in accordance with the fee schedule adopted by resolution of the Borough Council.

C. Section M-116.4 is deleted and replaced with the following:

M-116.4 Penalties: Any person who shall violate any provision of this Code or shall fail to comply with any of the requirements hereof or who shall erect, construct, alter or repair mechanical equipment or systems in violation of an approved plan or directive of the Code Official or of a permit or certificate issued under the provisions of this Code shall be subject to the fines and penalties established by the Code of the Borough of Malvern, Pennsylvania (Ordinance No. 254), Chapter 1, General Provisions, Article II, General Penalty. Each day that a violation continues shall constitute a separate violation and/or offense.

D. Section M-117.2 is deleted and replaced with the following:

M-117.2 Unlawful continuance: Any person who continues any plumbing work in or about the structure after having been served with a stop-work order, except such work as that person is directed by the Code Official to perform to remove a violation or unsafe condition, shall be liable for the fines and penalties established by the Code of the Borough of Malvern, Pennsylvania (Ordinance No. 254), Chapter 1, General Provisions, Article II, General Penalty, and each day such work continues shall be a separate violation and/or offense.

E. Section M-121.2 is deleted and replaced with the following:

M-121.2 Appeals Board: The Borough Council of the Borough of Malvern, Chester County, Pennsylvania, shall function as a Code Appeals Board which shall hear all appeals filed pursuant to § M-121.1 and may reverse or affirm, wholly or in part, or modify the decision appealed from and may make such order or determination as, in the opinion of the Board, ought to be made. Failure to secure such concurring vote shall be deemed a confirmation of the decision of the Code Official. The decision shall be made part of the minutes of the meeting.

F. Sections M-121.2.1, M-121.2.2, M-121.2.3, M-121.2.5, M-121.3, M-121.4.1, M-121.5, M-121.6 and M-121.6.1 are deleted.

§ 89-30 Repealer.

All other ordinances or parts of ordinances are hereby repealed to the extent that they conflict with the regulations adopted by this section and such regulations are more restrictive.

§ 89-31 Construal of provisions.

Nothing in this section or in the model regulations adopted hereby shall be construed to affect any suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed or exchanged pursuant to § 89-30 hereof.