City of Cushing, OK Mechanical Code

[Code 1985 § 6-286; Code 2005 § 22-161; amended at adoption]

There is hereby adopted the International Mechanical Code, 2015 edition, and subsequent editions as adopted by the State of Oklahoma, thereto, including Appendix A, as published by the International Code Council, as the code of the City for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of mechanical systems in the City and providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, conditions and terms of such International Mechanical Code, one copy of which is on file with the City Clerk, are hereby referred to, adopted and made a part hereof, as if fully set forth in this section, with the additions, insertions, deletions and changes, if any, prescribed in § 5-23.

[Code 1985 § 6-287; Code 2005 § 22-162; amended at adoption]

The International Mechanical Code, 2015 edition, is hereby revised and amended as follows:

(1)

Section 101.1. Insert: "City of Cushing" in place of "[NAME OF JURISDICTION]."

(2)

Section 106.5.2. Amend to provide:

Fee schedule. The permit fees for all mechanical work shall be as established by resolution.

(3)

Section 106.5.3. Amend to provide:

	Fee refunds. The code official shall authorize the refunding of fees as follows:
	a.	The full amount of any fee paid hereunder that was erroneously paid or collected.
	b.	When no work has been done under a permit issued in accordance with this code, the code official shall retain $5 and refund the balance of the fee paid, if any.
	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.

(4)

Section 108.4. Amend to provide:

Violations, penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair mechanical work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of an offense, punishable in accordance with § 1-8 of the Cushing City Code. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

(5)

Section 108.5. Amend the last sentence to provide:

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 $75 or more than the maximum fine provided in § 1-8 of the Cushing City Code.

(6)

Section 109. Amend to provide:

	Section 109.1 Application for appeal. A person shall have the right to appeal a decision of the code official to the City Manager or, in his absence, Assistant City Manager. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. The application shall be filed on a form obtained from the code official within 20 days after the notice was served.
	Section 109.1.1 Limitation of authority. The City Manager shall have no authority relative to interpretation of the administration of this code nor be empowered to waive requirements of this code.
	Section 109.2 Delete (Including deletion of 109.2.1 through 109.2.6).
	Section 109.3 Notice of meeting. The appeal shall be heard, upon notice from the City Manager, within 10 days of the filing of an appeal.
	Section 109.4 Open hearing. All hearings shall be open to the public. The appellant, the appellant's representative, the code official and any person whose interests are affected shall be given an opportunity to be heard.
	Section 109.4.1 Procedure. The procedure shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received.
	Section 109.5 Postponed hearing. Either the appellant or the appellant's representative shall have the right to request a postponement of the hearing.
	Section 109.6 City Manager's decision. The City Manager shall affirm, modify or reverse the decision of the code official.
	Section 109.6.1 Written decision. The decision of the City Manager shall be in writing. Certified copies shall be furnished to the appellant and to the code official.
	Section 109.6.2 Administration. The code official shall take immediate action in accordance with the decision of the City Manager.
	Section 109.7 Court review. Any person, whether or not a previous party of the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner and time required by law following the filing of the decision in the office of the City Clerk.

[Code 2005 § 22-163; Ord. No. 01-16-07-04, §§ 1 — 3, 1-16-2007]

Mechanical license required. It shall be unlawful for any person to engage in or offer to engage in, by advertisement or otherwise, any mechanical work in the City without a valid and appropriate contractor's license issued by the state department of health as provided by the Mechanical Licensing Act (59 O.S. § 1850.1 et seq.) and without having first obtained a permit from the City for a particular job.

Registration and fee required. Any mechanical contractor, or his authorized representative, holding a current license issued by the state department of health, desiring to do mechanical work in the classifications covered in such license in the City shall present and register his current state license with the code enforcement official and pay the annual registration fee in the amount established by resolution.

Definitions adopted. There are hereby adopted by reference the definitions used in the Mechanical Licensing Act (59 O.S. § 1850.2).