[HISTORY: Adopted by the City Council of the City of Harrisburg 9-23-2003 by Ord. No.
25-2003. Amendments noted where applicable.]
It is the intent and purpose of this chapter to adopt a modern
mechanical code which will prescribe effective standards and minimum
requirements to safeguard the public health and safety against the
hazards of inadequate, defective or unsafe mechanical installations.
In accordance with Section 608 of the Optional Third Class City
Charter Law, Act of July 15, 1957, P.L. 901, as amended, 53 P.S. § 41608,
and Section 4130 of the Third Class City Code, Act of June 23, 1931,
as amended, 53 P.S. § 39130(b), there is hereby adopted
by the City, for the purpose of prescribing specifications and regulations
to ensure the safety and integrity of mechanical systems located in
structures within the City, that certain mechanical code known as
the "International Mechanical Code, 2003 Edition," and all appendixes
thereto, as supplemented and published by the International Code Council,
except such provisions which are in conflict with regulations promulgated
by the Pennsylvania Department of Labor and Industry interpreting
the Uniform Construction Code pursuant to Section 301 of the Pennsylvania
Construction Code Act, Act of November 10, 1999, P.L. 491, 35 P.S.
§ 7210.301, or any other state law on the subject or regulations
issued by a state agency by virtue of a state law. Ten copies of the
adopted Mechanical Code are presently on file in the office of the
City Clerk, and such code is hereby incorporated as fully as if set
forth at length herein. The provisions of the adopted Mechanical Code
shall be controlling within the limits of the City, except as amended
by the provisions of this chapter.
The following sections of the International Mechanical Code,
2003 Edition, as adopted herein, are hereby deleted in their entirety
and replaced as indicated:
A.Â
Chapter
1, Administration.
(1)Â
Section
101.1 is amended to read as follows:
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101.1 Title. These regulations shall be known as
the "Mechanical Code of the City of Harrisburg," hereinafter referred
to in this chapter as "this code."
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(2)Â
Section
103.1 is amended to read as follows:
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103.1 General. The City of Harrisburg Department
of Building and Housing Development, Bureau of Codes Enforcement (also
referred to in this code as "Department of Building Safety"), or any
other department, bureau or division of the City designated by the
Mayor, shall administer and enforce this code or any part thereof,
and the executive official in charge thereof shall be known as the
"Codes Administrator" (also referred to in this code as "Building
Official").
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(3)Â
Section
106.5.2 is amended to read as follows:
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106.5.2 Fee schedule. The fees for mechanical work shall be as indicated in § 8-101.4 of the City's Codified Ordinances.
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(4)Â
Section
106.5.3 is amended to read as follows:
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106.5.3 Fee refunds. The code official is authorized
to establish a refund policy.
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(5)Â
Section
108.4 is amended to read as follows:
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108.4 Violation penalties. Persons who violate
a provision of this code or fail to comply with any of the requirements
thereof or who erect, install, alter or repair mechanical work in
violation of the approved construction documents or directive 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.
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(6)Â
Section
108.5 is amended to read as follows:
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108.5 Stop-work orders. 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 subject to penalties as prescribed
by law.
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Whenever any provision or requirement of the Commonwealth of
Pennsylvania Department of Labor and Industry is more stringent or
stricter than a provision or requirement of the City Mechanical Code,
the Department of Labor and Industry's provision shall supersede
any such provision or requirement of the Mechanical Code.
Any person, firm, corporation, association or other entity who is aggrieved by a ruling, decision or action of any department, bureau or other division of the City in regard to the administration or enforcement of any of the provisions of the Mechanical Code may appeal the ruling, decision or action complained of in writing to the Building and Housing Code Board of Appeals of the City of Harrisburg in the manner and in accordance with the procedures set forth in Chapter 8-501 of the Codified Ordinances.
A.Â
Any person, whether individually or as a member or employee of a
partnership, or any officer, agent or employee of a corporation who
directs or knowingly permits any violation of any of the provisions
of the sections of this Mechanical Code, or who aids or assists therein,
either on his/her own behalf or in the interests of his/her employer
or principal, or who fails to comply with any order made thereunder,
or who builds in violation of any detailed statement of specifications
or plans submitted and approved in accordance with this code or any
certificate of approval issued thereto and from which no appeal has
been taken, or who fails to comply with such order as affirmed or
modified by the City shall, upon conviction thereof, severally and
for each violation and noncompliance, respectively, be fined not less
than $50 nor more than $1,000, plus costs, or shall be imprisoned
in the Dauphin County Prison for not more than 90 days for each separate
violation, or both. The imposition of one penalty for any violation
shall not excuse the violation or permit it to continue, and all persons
required to do so shall correct and remedy violations or defects within
a reasonable time, and, when not otherwise specified, each five days
that the prohibited conditions are maintained shall constitute a separate
offense.
B.Â
The application of the above penalty shall not prevent the enforced
removal of the prohibited conditions or device or any other remedy
at law or equity available to the City for enforcement of this chapter.
