[R.O. 2008 § 500.150; R.O. 2007 § 500.200; Ord. No. 1883 § 2, 2-7-1991; Ord. No. 3535 § 2, 5-22-1997; Ord. No. 4094 § 2, 7-31-2000; Ord. No. 4798 § 1, 4-14-2005; Ord. No. 4818 § 1, 5-13-2005; Ord. No. 4838 § 1, 5-16-2005; Ord. No. 5668 § 1, 2-10-2011; Ord. No. 6250 § 5, 9-8-2016]
That certain document, a copy which is on file in the office of the City Clerk of the City of O'Fallon, Missouri, being marked and designated as the International Mechanical Code, 2015 Edition, as published by the International Code Council, be and is hereby adopted as the Mechanical Code of the City of O'Fallon, in the State of Missouri, for regulating and governing the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of mechanical plumbing systems as herein provided; providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, conditions and terms of said Mechanical Code on file in the office of the City Clerk of the City of O'Fallon, Missouri, are hereby referred to, adopted, and made a part hereof, as if fully set out in this Article, with the additions, insertions, deletions and changes, if any, prescribed in Section 500.160 of this Article.
[R.O. 2008 § 500.160; R.O. 2007 § 500.220; Ord. No. 1883 § 3, 2-7-1991; Ord. No. 3535 § 3, 5-22-1997; Ord. No. 4094 § 3, 7-31-2000; Ord. No. 4798 § 2, 4-14-2005; Ord. No. 4818 § 1, 5-13-2005; Ord. No. 4838 § 2, 5-16-2005; Ord. No. 5087 § 3, 11-1-2006; Ord. No. 5668 § 1, 2-10-2011; Ord. No. 6250 § 5, 9-8-2016]
The following numbered subsections of the International Mechanical Code, 2015 Edition, as published by the International Code Council, Inc., are hereby amended by additions, insertions, deletions and changes so that such section and subsections read as follows:
(CHAPTER 1 SCOPE AND APPLICATION)
(SECTION 101 GENERAL)
101.1 Title. These regulations shall be known as the Mechanical Code of the City of O'Fallon, Missouri, hereinafter referred to as "this code."
(SECTION 103 DEPARTMENT OF MECHANICAL INSPECTION)
103.1 General. The department of mechanical inspection is hereby created and the executive official in charge thereof shall be known as the Building Official. Where the term "code official" is used in the code, it shall mean the Building Official or his/her appointee.
103.2 Appointment. The Building Official shall be appointed as provided by ordinance.
103.90 Licensing of mechanical contractors. Any contractor wishing to enter into the mechanical business within the City of O'Fallon, shall first be duly examined and be successfully passed and licensed by St. Charles County, Missouri, and hold an active license as Class A or Class B.
(SECTION 106 PERMITS)
106.3.1 Construction documents. Construction documents, engineering calculations, diagrams and other data shall be submitted as required by the Building Official with each application for a permit. The code official shall require construction documents, computations and specifications to be prepared and designed by a registered design professional where required by state law. Where special conditions exist, the code official is authorized to require additional construction documents to be prepared by a registered design professional. Construction documents shall be drawn to scale and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that the work conforms to the provisions of this code. Construction documents for buildings more than two stories in height shall indicate where penetrations will be made for mechanical systems, and the materials and methods for maintaining required structural safety, fire-resistance rating and fireblocking.
Exception:
The code official shall have the authority to waive the submission of construction documents, calculations or other data if the nature of the work applied for is such that reviewing of construction documents is not necessary to determine compliance with this code.
106.5.2 Fee schedule. Fees related to administration of this code shall be as set forth elsewhere in this Chapter of the Municipal Code.
106.5.3 Fee refunds. Delete this Section in its entirety.
(SECTION 107 INSPECTIONS AND TESTING)
107.90 Workmanship. Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this code shall be executed and installed in a workmanlike manner in compliance with this code, in accordance with industry standards, and in accordance with the manufacturer's installation instructions.
(SECTION 108 VIOLATIONS)
108.4 Violation penalties. Any person, firm, or corporation who violates any provisions of this code, or who fails to comply with any of the requirements thereof, or who erects, constructs, alters or repairs a structure in violation of an approved plan or directive of the Building Official, or of a permit or certificate issued under the provisions of this code, or who shall continue any work in or about a structure after having been served a stop work order, except such work as that person is directed to perform to remove a violation or unsafe conditions, or any owner or tenant of a building or premises in which such violation shall exist, shall upon conviction thereof be punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment not exceeding ninety (90) days, or by both such fine and imprisonment. Each day that a violation continues shall be deemed a separate offense.
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 work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue 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 for a fine of no less than one hundred dollars ($100.00) or more than five hundred dollars ($500.00).
108.5.90 Unlawful continuance. Any person who continues 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 said violation or unsafe conditions, shall be liable to penalties as specified in Section 108.4 of this code.
(SECTION 109 MEANS OF APPEAL)
109.1 Application for appeal. For the purposes of this code, all appeals shall be in accordance with the procedure established for the Building Code of the City of O'Fallon, Missouri.
109.1.1 Limitation of authority. Delete in its entirety.
109.2 Membership of board. Delete in its entirety.
109.2.2 Alternate members. Delete in its entirety.
109.2.3 Chairman. Delete in its entirety.
109.2.4 Disqualification of member. Delete in its entirety.
109.2.5 Secretary. Delete in its entirety.
109.2.6 Compensation of members. Delete in its entirety.
109.3 Notice of meeting. Delete in its entirety.
109.4 Open hearing. Delete in its entirety.
109.4.1 Procedure. Delete in its entirety.
109.5 Postponed hearing. Delete in its entirety.
109.6 Board decision. Delete in its entirety.
109.6.1 Resolution. Delete in its entirety.
109.6.2 Administration. Delete in its entirety.
109.7 Court review. Delete in its entirety.
(CHAPTER 9 SPECIFIC APPLIANCES, FIREPLACES AND SOLID FUEL-BURNING EQUIPMENT)
(SECTION 903 FACTORY-BUILT FIREPLACES)
903.90 Required fire separation enclosure. All prefabricated metal chimneys shall be enclosed in a fire-resistant shaft with one (1) layer of five-eighths (5/8) inch type "X" gypsum board from the fireplace connector to the underside of the roof sheathing, securely attached with framing material. When the chimney chase is located on an exterior wall of the structure, it need only be separated by lining the wall between the chimney chase and the exterior wall with five-eighths (5/8) type "X" inch gypsum board. All joints are to be tight within one-eighth (1/8) of an inch or tape with joint compound. Required clearances shall be maintained between the chimney and the gypsum board per chimney manufacturer's specifications.
[R.O. 2008 § 500.170; R.O. 2007 § 500.230; Ord. No. 1883 § 4, 2-7-1991; Ord. No. 3535 § 4, 5-22-1997; Ord. No. 4094 §§ 4 – 5, 7-31-2000; Ord. No. 4798 §§ 4 – 5, 4-14-2005; Ord. No. 4838 §§ 4 – 5, 5-16-2005; Ord. No. 5668 § 1, 2-10-2011]
A. 
Nothing in this Article or in the Mechanical Code hereby adopted shall be construed to affect any suit or proceeding impending 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; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this Article.
B. 
If any Section, Subsection, sentence, clause or phrase of this Article is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Article. The City of O'Fallon, Missouri, hereby declares that it would have passed this Article, and each Section, Subsection, clause or phrase thereof, irrespective of the fact that any one (1) or more Sections, Subsections, sentences, clauses and phrases be declared unconstitutional.
[R.O. 2008 § 500.180; R.O. 2007 § 500.240; Ord. No. 3535 § 3, 5-22-1997; Ord. No. 5668 § 1, 2-10-2011]
Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall install mechanical work in violation of an approved plan or directive of the Building Official or of a permit or certificate issued under the provisions of this code shall, upon conviction thereof, be punishable by a fine not more than five hundred dollars ($500.00) or by imprisonment not exceeding three (3) months, or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate offense.