[Ord. No. 2013-50 §1, 10-8-2013]
The International Mechanical Code/2012 published by the International Code Council, Inc., three (3) copies of which are on file in the office of the City Clerk, is hereby adopted and incorporated herein by reference as the Mechanical Code of the City of Eldon, with the additions, insertions, deletions and changes contained in Section 500.150.
[Ord. No. 2013-50 §1, 10-8-2013; Ord. No. 57-2022, 9-27-2022]
The additions, insertions, deletion and changes to the International
Mechanical Code 2012 as adopted above shall be as set out below:
Delete Section 101.1 and insert the following in its place.
Section 101.1: Title: These regulations shall
be known as the "Mechanical Code of the City of Eldon,
Missouri," hereinafter referred to as "this code."
Add Section 101.5:
101.5: This Article or the code adopted herein
shall not be constructed to relieve the responsibility or liability
of any persons owning, operating, controlling or installing any mechanical
system or any part of a mechanical system or damage caused by any
defect therein, nor shall the City of Eldon or any of its inspectors,
agents or employees, including its Codes Enforcement Officer, be held
as assuming any such liability by reason of the inspection authorized
herein or certificate of approval issued as herein provided.
Add Section 104.1.1:
104.1.1: Qualifications of the Codes Enforcement Officer: The Codes Enforcement Officer shall be over twenty-one (21) years
of age, be of good moral character, and be physically able to carry
out all the provisions of the Mechanical Code. The Codes Enforcement
Officer shall possess a working knowledge of mechanical systems and
building construction, but shall not be actively engaged in the mechanical
business, nor associated with the operation of any person, firm or
corporation engaged in the mechanical business.
Add Section 104.1.2:
104.1.2: Duties of the Codes Enforcement Officer: It shall be the duty of the Codes Enforcement Officer to enforce
the provisions of the Mechanical Code and to make all inspections
required thereunder, and to cause the issuance of all permits, collect
all fees and keep all records required under this Article or the code
adopted herein. All fees are to be credited to the General Revenue.
The Codes Enforcement Officer shall also perform all tasks and services
delegated by other ordinances or other supervisory personnel.
Add Section 106.3.2:
106.3.2: Permits: Mechanical Permits: Mechanical
permits shall only be issued to licensed mechanical contractors and
approved qualified homeowners.
Add Section 106.3.3:
106.3.3: Homeowner Permits: A permit may be
issued to a qualified person to do work in a single-family dwelling
used exclusively for their living purpose, including the usual accessory
building and quarters in connection with such buildings, provided
that the person is the bona fide owner and shall occupy said dwelling
for one (1) calendar year after date of approved final inspection
of work covered by the permit. The owner shall purchase all materials
and perform all labor to complete the mechanical installation. All
work performed under this permit will comply with all Sections of
this Article or the code adopted herein.
Delete Section 106.5.1 and insert in its place:
106.5.1: Work Commencing Before Permit Issuance: Any person, firm, or corporation who commences work on a mechanical system before obtaining the necessary permits shall be subject to penalties as stated in 500.155 of the City of Eldon Code in addition to the required permit fees. See Section 500.026 of the City Code of the City of Eldon.
Delete Section 106.5.2 and insert in its place:
106.5.2: Fee Schedule: Permit fees will be assessed as outlined in Section 500.026 of the City Code of the City of Eldon.
Delete Section 106.5.3 and insert in its place:
106.5.3: Fee Refunds: The Codes Enforcement
Officer shall authorize the refunding of fees as follows:
1. The full amount of any fee paid hereunder that was erroneously
paid and collected.
2. Not more than eighty percent (80%) of the permit fee paid
when no work has been done under a permit issued in accordance with
this code.
3. Not more than eighty percent (80%) of the plan review fee
paid when an application for a permit for which a plan review has
been paid is withdrawn or canceled before any plan review effort has
been expended.
The Codes Enforcement Officer shall not authorize the refunding
of any fee paid, except under written application filed by the original
permittee not later than one hundred eighty (180) days after the date
of fee payment.
Add to Section 107.1, item (4) to the last paragraph:
107.1, (4): Notice of Inspections: It shall
be the duty of the permit holder or the person performing the work
to contact the Codes Department to arrange for each required inspection.
The permit holder shall allow twenty-four (24) hours for the code
enforcement personnel to conduct required inspections during the City's
normal working hours. It shall be the duty of the permit holder to
provide access to and means for any inspections of such work that
are required by this code. Any inspection requests outside of normal
business hours will be assessed a fee of seventy-five dollars ($75.00)
per inspection.
Delete Section 108.5 and insert the following in its place:
108.5: Stop-Work Orders: Upon notice from the
Codes Enforcement Officer 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 Codes Enforcement Officer 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 not
less than fifty dollars ($50.00) nor more than five hundred dollars
($500.00).
Delete Sections 109.1 through 109.6.2 and insert the following
in their place:
109.2: Board of Appeals, Appointment: The Board
of Appeals will be appointed by the Board of Aldermen and consist
of five (5) members. Two (2) alternate members shall also be appointed
who shall be called by the Board Chairperson to hear appeals in the
absence or disqualification of a member. Whenever reference is made
to the "Board" in this Article, reference is made to the Board of
Appeals.
109.2.1: Members: The Board shall annually
select one (1) of its members to serve as Chairperson. The Chief Administrative
Officer shall designate a qualified clerk to serve as Secretary to
the Board. The Secretary shall file a detailed record of all proceedings
in the office of the Chief Administrative Officer.
109.2.2: Disqualification of Member: A member
shall not hear an appeal in which that member has a personal, professional
or financial interest.
109.2.3: Notice of Meetings: The Board shall
meet upon notice of the Chairperson within ten (10) days of the filing
of an appeal, or at stated periodic meetings. The Board shall act
on grievances by an applicant for a mechanical permit, or the owner/agent
of a building or structure wherein a mechanical system is to be installed.
Such grievance shall be an appeal of the decision of the Codes Enforcement
Officer or authorized agent or representative refusing to grant a
modification of the Mechanical Code governing the installations or
materials to be used. Applications for an appeal shall be in writing
and submitted to the Codes Enforcement Officer or an authorized representative,
when it is claimed that:
1. The true intent of the Mechanical Code or rules adopted thereunder
have been incorrectly interpreted.
2. The provisions of the Mechanical Code do not fully apply.
109.2.4: Open Hearings: All hearings before
the Board shall be open to the public. The appellant, the appellant's
representative, the Codes Enforcement Officer and any person whose
interests are affected shall be given the opportunity to be heard.
109.2.5: Procedure: The Board shall adopt and
make available to the public through the Secretary procedures under
which a hearing will be conducted. The procedures shall not require
compliance with strict rules of evidence, but shall mandate that only
relevant information be received. A simple majority of those voting
shall constitute a qualified decision.
109.2.5: Postponed Hearing: When five (5) members
are not present to hear an appeal, the appellant or the appellant's
representative shall have the right to request a postponement of the
hearing.
109.6: Board Decision: The Board shall modify
or reverse the decision of the Codes Enforcement Officer by a concurring
vote of three (3) members. In the event the voting members of the
Board are evenly divided, the decision of the Codes Enforcement Officer
shall be affirmed. The Codes Enforcement Officer shall not vote.
109.7: Resolution: The decision of the Board
shall be by resolution. Certified copies shall be furnished to the
appellant and to the Codes Enforcement Officer. The Codes Enforcement
Officer shall take immediate action in accordance with the decision
of the Board.
109.8: Licenses: No person, firm or corporation
shall install, repair, alter, or extend any mechanical system within
the City of Eldon unless licensed as required in this Article or the
code adopted herein.
1. Exemptions: No license or permit is required for the performance
of the following mechanical work.
a. Portable heating appliances;
b. Portable ventilation appliances and equipment;
c. Portable cooling units;
d. Steam, hot water or chilled water piping within any heating
or cooling equipment or appliance regulated by this code;
e. The replacement of any minor part that does not alter the
approval of equipment or an appliance or make such equipment or appliance
unsafe;
f. Portable evaporative coolers; and
g. Self-contained refrigeration systems that contain 10 pounds
(4.5 kg) or less of refrigerant, or that are actuated by motors of
less than 1 horsepower (0.75 kW) or less.
h. Portable fuel cell appliances that are not connected to a
fixed piping system and are not interconnected to a power grid.
Exemption from the permit requirements of this Article or the
code adopted herein shall not be deemed to grant authorization for
work to be done in violation of the provisions of this code or other
laws or ordinances of this jurisdiction.
109.2.3.1: Applications, Qualification and Fee for Licenses: Persons desiring a license shall complete and submit to the Codes
Enforcement Officer or representative an application for license.
(Applications are obtained from City Hall)
109.2.4: Mechanical Contractor License: Persons
desiring a mechanical contractor license shall submit the required
application and maintain a two thousand dollar ($2,00.00) surety bond.
Said bond shall indemnify and keep harmless the City of Eldon from
all liability from any accidents or damages arising from negligence
or unskillfulness in doing or protecting work or any unfaithful or
inadequate work done in pursuance of the mechanical business and that
all street and right-of-way work shall be restored to condition acceptable
to the City of Eldon Codes Department and shall maintain the acceptable
condition for a period of one (1) year thereafter. A business license
shall be obtained from the City Collector for a fee of thirty-five
dollars ($35.00), this license is renewable annually and shall be
renewed one (1) calendar year from the date of issuance. Persons licensed
as a mechanical contractor shall immediately notify the Codes Department,
in writing, of any changes of name, address, phone number, or location
of their mechanical business. No person, firm, or corporation shall,
within the City of Eldon, Missouri, operate as a contractor, general
contractor, or subcontractor in the mechanical contractor business
until the above license is purchased and every person, firm, or corporation
who shall violate any provisions of this Section shall be deemed guilty
of a misdemeanor and upon conviction thereof shall be punished by
a fine of not less than fifty dollars ($50.00) and not more than five
hundred dollars ($500.00).
109.2.5: Mechanical Contractor Testing: Persons
desiring a license shall be licensed in a City or Town recognized
by the Codes Enforcement Officer or score a minimum of seventy-five
percent (75%) on the examination provided by the evaluation service
currently used by the City of Eldon.
109.2.6: Licenses, Suspension or Revocation: The Board may suspend or revoke the license of any mechanical contractor
when charges are preferred against them by the Codes Enforcement Officer,
and the Board finds the person charged is incompetent or had willingly
violated the provisions of this Article or the code adopted herein.
Prior to the Board action, the person charged shall be given at least
ten (10) days' notice of the time and place of a formal hearing on
said charges. The person charged shall have an opportunity to appear
in person or with an attorney and shall have the burden of showing
cause why the license should not be suspended or revoked. The Board
shall render its decision within five (5) days. The decision shall
be final; no appeal shall be allowed. The Board may drop the charges,
suspend the license for a period deemed proper or permanently revoke
the charged person's license. A person whose license has been revoked
by the Board shall not be permitted to reapply for a license for a
period of one (1) year, and must successfully pass any required examination
for license.
109.2.7: Assignment of Contractor Licenses: No person licensed as a mechanical contractor shall allow this license
to be used by others for the purpose of obtaining mechanical permits
or knowingly allow non-licensed persons to do mechanical work.
Appendix A shall be adopted with this Article.
Any person who shall violate a provision of this Article or
the code adopted herein or shall fail to comply with any requirements
thereof or who erects, constructs, alters, installs or repairs any
mechanical system in violation of the approved construction documents
or directive of the Codes Enforcement Officer, or of a permit or certificate
issued under the provisions of this Article or the code adopted herein,
shall be guilty of a misdemeanor, punishable by a fine of not more
than five hundred dollars ($500.00) or by imprisonment for a period
not exceeding ninety (90) days, or by both fine and imprisonment.
Each day that a violation continues after due notice has been served
shall be deemed a separate offense.
