[Ord. No. 2017-1238 § 1, 8-21-2017]
The Council adopts the 2015 Edition of the International Mechanical
Code, one (1) copy of which has been on file with the Town Clerk for
a period of ninety (90) days prior to the adoption of this Article
(as amended), by reference as if fully set forth in its entirety.
At least one (1) copy of the 2015 Edition of the International Mechanical
Code shall remain on file in the office of the Town Clerk and shall
be kept available for public use, inspection, and examination.
[Ord. No. 2017-1238 § 2, 8-21-2017]
A. The code adopted by this Article is hereby amended by substituting
the following sections in lieu of those sections with corresponding
numbers in the Code, or, where there is no corresponding section in
the code, the following sections shall be enacted as additions to
the code:
1.
Section 101.1 is amended to read as follows:
101.1 Title. These regulations shall be known as
the "Mechanical Code of the Town of Carrollton, Missouri," hereinafter
referred to as "this code."
2.
Section 101.6 is amended to read as follows:
101.6 Unlawful. It shall be unlawful for any person
to engage in the installation, alteration or repair of heating, ventilation,
air-conditioning and refrigeration components or systems in or on
any building, structure, or premises within the corporate limits of
the Town of Carrollton, Missouri, unless issued a certificate of competency
by the Town, or some other municipality or county within the State
of Missouri, except as provided elsewhere in this code.
3.
SECTION 103 CODE DEPARTMENT.
a.
Section 103.1 is amended to read as follows:
103.1 Code Official. The administration and enforcement
of this code shall be the duty of the Code Enforcement Officer, who
is designated the code official for purposes of this code. The code
official is hereby authorized to take such action as may be reasonably
necessary to enforce the provisions of this code. Such persons may
be appointed and authorized as assistants or representatives of the
code official as may be necessary to carry out the provisions of this
code.
b.
Section 103.2 is amended to read as follows:
103.2 Restriction of employees. An employee connected
with the Codes Department shall not be engaged in or directly or indirectly
connected with the furnishing of labor, materials or appliances for
the construction, alteration or maintenance of a building, or the
preparation of plans or of specifications therefor, unless the employee
is the owner of the building; nor shall such employee engage in any
work which conflicts with the employee's official duties or with
the interest of the Department.
c.
Section 103.3 is amended to read as follows:
103.3 Liability. Any officer or employee charged
with the enforcement of this code, while acting on behalf of the Town,
shall not thereby render such individual liable personally, and is
hereby relieved from all personal liability for any damage accruing
to persons or property as a result of any act performed in the discharge
of official duties. Any suit instituted against any officer or employee
because of an act performed by that officer or employee in the lawful
discharge of duties and under the provisions of this code shall be
defended by the legal representative of the Town until the final termination
of the proceedings. The officer or employee shall not be liable for
costs in any action, suit or proceeding that is instituted pursuant
to the provisions of this code; and any officer or employee acting
within the scope of employment and in good faith and without malice
shall be free from liability for acts performed under any of its provisions
or by reason of any act or omission in the performance of official
duties in connection therewith. Nothing contained herein shall be
deemed a waiver of the immunities and protection afforded to the Town
or officers and employees pursuant to State and Federal law.
d.
Delete 103.4 in its entirety.
4.
Section 106.1 is amended to read as follows:
106.1 When required. An owner, authorized agent
or contractor who desires to erect, install, enlarge, alter, repair,
remove, convert or replace a mechanical system, the installation of
which is regulated by this code, or to cause such work to be done,
shall first make application as required by Section 101.9 to the code
official and obtain the required permit for the work.
Exception: Where equipment replacements and repairs
must be performed in an emergency situation, the permit application
shall be submitted within the next working business day of the Codes
Department.
5.
Section 106.5 is amended as follows:
106.5.2 Fee schedule. The fees for all mechanical
work subject to this code shall be as indicated by separate ordinance
of the Town.
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106.5.3 Fee refunds. The code official shall authorize
the refunding of fees as follows:
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1.
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The full amount of any fee paid hereunder which was erroneously
paid or collected.
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2.
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Not more than seventy-five percent (75%) of the permit fee paid
when no work has been done under a permit issued in accordance with
this code. The code official shall not authorize the refunding of
any fee paid, except upon written application filed by the original
permittee not later than one hundred eighty (180) days after the date
of fee payment.
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3.
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Delete in its entirety.
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6.
Section 108.4 is amended to read as follows:
108.4 Violation penalties. Any person who shall
violate a provision of this code or shall fail to comply with any
of the requirements thereof shall be guilty of an ordinance violation
and upon conviction thereof shall be punished in accordance with the
provision of this adopting ordinance. Each day that a violation continues
shall be deemed a separate offense. The Town is not required to prove
criminal intent as a part of its case. It is enough to prove that
the defendant either did the act which was prohibited or failed to
do an act which the defendant was legally required to do.
7.
Section 108.5 is 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, 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 to a fine of not less than one hundred dollars ($100.00)
or more than five hundred dollars ($500.00).
8.
Section 109.1 is amended to read as follows:
109.1 Appeals. The owner of a building or structure
or any person directly affected by a decision of the code official
may appeal to the Board of Adjustment from a decision of the official.
The procedure for appeal shall be governed by Section 113 of the Building
Code of Carrollton, Missouri.
9.
Delete Section. 109.2 Members of board.
10.
In Section 304.11 Guards, delete exception.
11.
In Section 504.8.2 Duct installation, delete from the end of
the last sentence the following words: "that protrude more than 1/8
inch ((3.2 mm) into the inside of the duct."
[Ord. No. 2017-1238 § 3, 8-21-2017]
A. The punishment of a violation of this Article shall be as follows:
1.
The maximum fine combined with the amount of court costs that
can be imposed for the violation of any ordinance violation shall
be two hundred dollars ($200.00) for the first violation, two hundred
seventy-five dollars ($275.00) for the second violation, three hundred
fifty dollars ($350.00) for the third violation, and four hundred
fifty dollars ($450.00) for the fourth and any subsequent municipal
ordinance violation.
2.
Ordinance violations as defined below shall not be punishable
by imprisonment, unless the violation:
a.
Endangered the health or welfare of others; or
b.
Involved eluding or giving false information to a Law Enforcement
Officer.
3.
A person convicted of an ordinance violation shall not be placed
in confinement for failure to pay a fine unless such non-payment violates
the terms of the person's probation or unless the due process
procedures mandated by Missouri Supreme Court Rule 37.65 or its successor
rule are strictly followed by the court.
4.
Court costs that apply shall be assessed against such person
unless the court finds that the defendant is indigent based on standards
set forth in determining such by the presiding judge of the circuit.
Such standards shall reflect model rules and requirements to be developed
by the Missouri Supreme Court.
5.
No court costs shall be assessed if the defendant is found to be indigent under Subsection
(A)(4) or the case is dismissed.
[Ord. No. 2017-1238 § 4, 8-21-2017]
The portions of this Article shall be severable. In the event
that any portion of this Article is found by a court of competent
jurisdiction to be invalid, the remaining portions of this Article
are valid, unless the court finds the valid portions of this Article
are so essential and inseparably connected with and dependent upon
the void portion that it cannot be presumed that the Town Council
would have enacted the valid portions without the invalid one, or
unless the court finds that the valid portions standing alone are
incomplete and are incapable of being executed in accordance with
the legislative intent.