Township of Upper Moreland, PA Article IV Mechanical Code

[Adopted as Title 3, Ch. 10, of the 1977 Code[1]]

[1] Editor's Note: This article was adopted 4-2-1990 by Ord. No. 1211 and amended 7-9-1990 by Ord. No. 1217; 1-10-1994 by Ord. No. 1310; 11-10-1997 by Ord. No. 1369; and 2-4-2002 by Ord. No. 1439.

§ 115-13 Adoption of International Mechanical Code.

There is hereby adopted by the Township of Upper Moreland, copies of which are on files in the office of the Township Manager, 117 Park Avenue, Willow Grove, Pennsylvania, that certain code for regulating, among other things, the design, construction, installation and repair of mechanical systems, known as the "International Mechanical Code," 2000 Edition, as published by the International Code Council, and the whole thereof, save and except such portions as are hereafter deleted, modified, or amended.

§ 115-14 Amendments to International Mechanical Code.

A. 101.1 TITLE shall be amended by the insertion of the words "Township of Upper Moreland" for the name of the jurisdiction.

B. 103 DEPARTMENT OF MECHANICAL INSPECTION shall be amended to have the term "Department of Mechanical Inspection" replaced wherever it appears by the term "Department of Code Enforcement."

C. Subsection 106.5 Fees shall be amended to read as follows:

	106.5.2 Fee schedule. The fees for permits for all required under this code shall be as set forth in the fee schedule established in Chapter 140, Fees, Rates and Permits, of the Township Code of Upper Moreland Township.
	106.5.3 Fee Refunds. The code official shall be authorized to refund fees upon the written request of the applicant made not later than 30 days after the issuance of the permit, as follows:
	1.	The full amount of any fee paid hereunder which was erroneously collected for work not requiring a permit or plan review.
	2.	The full amount, less a handling charge of 25% of the amount of the permit fee, but not less than $10, when no work is done under a permit which the applicant wishes to have withdrawn after issuance.

D. 108 VIOLATIONS.

(1) Subsection 108.3 Prosecution of violation shall be amended to read as follows:

108.3 Prosecution of violation. Any person who shall violate any provision of this code, or who shall fail to comply with any of the requirements hereof, or who shall fail to correct in the time provided by this code the defects for which the dwelling or dwellings have been cited, shall be guilty of a summary offense, which shall be deemed to be a strict liability offense and shall, upon summary conviction before a magisterial district judge, pay a penalty of not less than $100 or more than $1,000 and, in default of payment of such fine, be imprisoned for not less than one day or more than 30 days. Each day that a violation continues or that a person shall fail to comply with any provision, after notification by the Department of Code Enforcement, shall constitute a separate violation, subject to a separate offense punishable by a like fine or penalty.

(2) Subsection 108.4 shall be deleted.

(3) Subsection 108.5 STOP-WORK ORDER shall be 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, the owner's agent or to the person doing the work. In an emergency, the code official shall not be required to give written notice prior to stopping the work. Any person who shall continue any work on the system after receiving a stop-work order, except such work as that person has been directed to perform by the code official to remove a violation or correct an unsafe condition, shall be in violation of the terms of this code and liable to a fine as provided in Sec. 108.4 hereof.

E. Sec. 109 MEANS OF APPEAL shall be amended as follows:

(1) Subsection 109.2 Membership of the Board shall be amended to read as follows:

109.2 Membership of the Board: The Board of Appeals shall consist of the Board of Commissioners of the Township or such persons as the Board shall designate to hear the appeal.

(2) Subsections 109.2.1 through 109.2.6 are hereby deleted.

(3) Subsection 109.6 Board decision shall be amended to read as follows:

109.6 Board decision: The Board of Appeals shall render its decision by a majority vote of a quorum of the Board.

(4) Subsection 109.7 Court review shall be amended to read as follows:

109.7 Court review: Any person aggrieved by the decision of the Board of Appeals shall have the right to appeal such decision in compliance with the provisions of the Local Agency Law, 2 Pa.C.S.A. § 101 et seq.