Township of Whitehall, PA Article IV Mechanical Code

[Adopted 10-14-1996 by Ord. No. 2001; amended in its entirety 2-11-2002 by Ord. No. 2358]

§ 5-12 Adoption of Mechanical Code.

[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]

The Township of Whitehall hereby adopts the International Mechanical Code, 2000 (hereafter referred to as "code"), with certain additions, amendments, deletions and insertions as hereinafter set forth. Copies of the code and of this article are filed in the office of the Mayor and the Department of Operations. The code and this article shall collectively be considered and referred to as the "code" both herein and in the code.

§ 5-13 Insertion.

Subsection 101.1, Title, second line, insert at space indicated for "name of jurisdiction," the following: Township of Whitehall.

§ 5-14 Additions, amendments and changes.

[Amended 8-8-2005 by Ord. No. 2578]

A. The following additions, amendments and changes shall be made as indicated:

(1) Subsection 106.5.2, Fee Schedule, shall be amended to read as follows:

The fees for all mechanical work, including permits and periodic inspections shall be as indicated in the comprehensive fee schedule,[1] as found in the Whitehall Township Code, as amended from time to time.

[1] Editor's Note: The Fee Schedule is on file in the Township offices.

(2) Subsection 106.5.3, Fee Refunds, shall be deleted in its entirety.

(3) Subsection 108.4, Violation Penalties, shall be amended to read as follows:

Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, construct, alter or repair mechanical equipment or systems in violation of the approved construction documents or directive of the Code Official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a criminal offense, punishable by a fine of not more than $1,000 or by imprisonment not exceeding 30 days, or by both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

Upon judgment against any person by summary conviction or by proceedings by summons, on default of the payment of the fine or penalty imposed by said judgment and the costs, the defendant may be sentenced and committed to the Township lockup for a period not exceeding five days or to the County jail or workhouse for a period not exceeding 30 days.

(4) Subsection 108.5, Unlawful Continuance, the last sentence thereof, shall be amended to read as follows:

Any person who shall continue any work in or about the structure after having been served with a stop-work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable for a fine of not less than $500 or more than $1,000. Each day that a violation continues after notice has been served shall be deemed a separate offense.

(5) Subsection 109.1, Application for Appeal, shall be amended to read:

109.1. Appeal Procedure. Any appeal from any decision of the Mechanical Code Official shall be heard by the Whitehall Township Building Code Board of Appeals pursuant to and consistent with the practices and procedures established for or by such Board. An application for appeal shall be based on the claim that the true intent of this code or ordinance or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code or ordinance do not fully apply or an equally good or better form of construction is proposed. The application for appeal shall be filed on a form obtained from the Department of Operations Bureau of Development within 20 days after the decision of the Mechanical Code official or within 20 days after the notice was served.