[Adopted 11-17-1997 by Ord. No. 332 (Part 6, Ch. 1, Art. D, of the 1987 Code)]
For the purpose of regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, replacement, addition to, use or maintenance of mechanical systems in the Borough of Trappe, and providing for the issuance of permits and collection of fees therefor, the Borough adopts as its Mechanical Code the International Mechanical Code, 1996, as published by the International Code Council. One or more copies of that code have been placed on file in the office of the Borough Secretary and will remain on file there. The entire Mechanical Code, as affected by the deletion, amendment or modification of certain portions in the following sections of this article, is adopted and is incorporated in the Borough's Code as fully as if set out verbatim in this article. From the day on which this article takes effect, the provisions of that Mechanical Code, as affected by this article, shall be in effect within the limits of the Borough of Trappe. In this article, the International Mechanical Code may be referred to as "the code" or "this code."
The Mechanical Code adopted by § 135-17 is amended and changed in the following respects:
A. 
Wherever the words "name of jurisdiction" appear in brackets in the code, the words "Borough of Trappe" shall be inserted in place of those bracketed words. Likewise, the words "Borough of Trappe" shall be substituted for the word "jurisdiction" where the latter word appears singly in the code without being preceded by the words "under the."
B. 
The term "chief appointing officer of the jurisdiction" or "chief authority of the jurisdiction" or "appointing authority," as used in the code, shall mean the Borough Council.
C. 
The term "legal representative of the jurisdiction," as used in the code, shall mean the Borough Solicitor.
D. 
The term "Code Official," as used in the code, shall mean the same person designated as "Code Official" in the Borough's Building Code or, at the option of Council, another individual appointed by Council as Code Official for the Mechanical Code.
E. 
Section 101.1 of the code is amended to read as follows:
"101.1 Title: These regulations shall be known as the Mechanical Code of the Borough of Trappe."
F. 
Section 101.2.1 of the code, entitled "Appendices," shall be deleted.
G. 
Section 102.8 of the code is amended to read as follows:
"102.8 Referenced codes and standards: The codes and standards referenced in this code shall be those that are listed in Chapter 16 of the code, and shall be considered part of the requirements of this code to the prescribed extent of each such reference. Provided, however: In the category of CODES, Building Code, there shall be inserted "BOCA National Building Code, 1996;" and in the category of Fire Prevention Code, there shall be inserted "The BOCA National Fire Prevention Code, 1996;" and in the category of Plumbing Code, under "Standard Reference Number," there shall be inserted "IPC-97" instead of "IPC-95." Provided, further: The section numbers listed under "Referenced in code section number" may or may not conform to the comparable numbers in the actual code referred to in this subsection. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply.
H. 
Section 104.2 of the code, dealing with rule-making authority, shall be amended by adding the following sentence at the end thereof: "Furthermore, Borough Council shall have authority, at its discretion, to abrogate any rule or regulation or part thereof, in which case that rule or regulation or part thereof shall cease to be in effect in the Borough."
I. 
The following new section is added directly after Section 106.3.1 and the exception at the end thereof:
"106.3.2 Other permits required: At the time of filing an application for a permit, the applicant shall present to the Code Official evidence that he has obtained all necessary permits, licenses, approvals and/or variances as may be required by ordinances of the Borough and laws, regulations or requirements of the commonwealth in connection with the installation or alteration of mechanical systems."
J. 
Section 106.4.5 of the code is amended to read as follows:
"106.4.5 Revocation of permit. The Code Official shall revoke any permit or approval issued under the provisions of this code in case of any false statement or misrepresentation of fact in the application or on the construction documents upon which the permit or approval was based."
K. 
Section 106.5.2 of the code is amended to read as follows:
"106.5.2 Fee schedule: Borough Council shall, from time to time, by resolution, adopt a fee schedule for permits required to be issued under this article and regulations adopted thereto, as well as a fee schedule, if necessary, to fully recompense the Borough for any administrative costs in the enforcement of this article and the regulations thereto."
L. 
Section 106.5.3 of the code is amended to read as follows:
"106.5.3 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 75% of the permit fee paid when no work was done under a permit issued in accordance with this code.
3.
Not more than 75% of the plan review fee paid when an application for which a plan review fee has been paid is withdrawn or canceled before effort has been expended. The Code Official shall not authorize the refunding of any fee paid, except upon written application filed by the original permittee not later than 180 days after the date of fee payment."
M. 
Section 108.4 of the code is amended to read as follows:
"108.4 Violation penalties: Any person who violates any provision of this code or who fails to comply with any requirement of the code, or who erects, installs, alters or repairs any mechanical work in violation of any approved construction document or any directive of the Code Official or any permit or certificate issued under any provision of this code, shall be guilty of a violation of this code and, upon conviction, shall be sentenced to pay a fine of not less than $50 or more than $300 and costs and, in default of payment of fine and costs, to undergo imprisonment for not more than 30 days, provided that each day that a violation continues after due notice has been served shall be deemed a separate offense."
N. 
Section 108.5 of the code is amended to read as follows:
"108.5 Stop-work orders: Upon notice from the Code Official that mechanical work is being done contrary to the provisions of this code or in a dangerous or unsafe manner, such work shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property or to the owner's agent or to the person doing the work. The notice shall state the conditions under which the work is authorized to resume. Where an emergency exists, the Code Official shall not be required to give a written notice before stopping the work. Any person who continues any work on the system 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 to a fine of not less than $50 or more than $300 and costs and, in default of payment of fine and costs, to undergo imprisonment for not more than 30 days, provided that each day that a violation continues after notice has been served shall be deemed a separate offense."
O. 
Section 109, Means of Appeal, and its subordinate sections 109.1 through 109.7 are deleted.
Nothing in this article or in the Mechanical Code hereby adopted shall be construed to affect any law suit or proceeding pending in any court, or rights acquired or liability incurred, or any cause or causes of action acquired or existing, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this article.