Borough of Wyalusing, PA Chapter 298 Mechanical Standards

[HISTORY: Adopted by the Borough Council of the Borough of Wyalusing 8-7-2017 as Ch. 67 of the 2005 Code. Amendments noted where applicable.]

§ 298-1 Purpose.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

The purpose of this chapter is to regulate Mechanical Standards as authorized under the Borough Code found at Uniform Construction Code 8 Pa.C.S.A. § 32A05.

§ 298-2 Adoption of standards.

A. Certain documents, one copy of which is on file in the office of the third-party administrator and one copy of which is on file with the Wyalusing Borough Secretary, being marked and designated as the "International Mechanical Code," including appendix chapters (see International Mechanical Code, Section 101.2.1, 2015 Edition), as published by the International Code Council, be and is hereby adopted as the code of the Borough of Wyalusing 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 Borough of Wyalusing 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, 2015 Edition, published by the International Code Council, on file in the office of the Borough Secretary are hereby referred to, adopted and made part hereof as if fully set out in this chapter.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

B. Section 507.2 of the International Mechanical Code of 2015 (relating to commercial kitchen hoods, "Type 1").

§ 298-3 Modification of standards.

The following sections are hereby revised:

A. In Section 101.1, insert: "Wyalusing."

B. In Section 106.5.2, insert: "To adopt by resolution a fee schedule."

C. In Section 106.5.3, insert: "To be updated upon receipt of corrected information from (ICC) International Code Council."

D. Delete Section 108.4.

E. Delete Section 108.5.

F. Add:

Civil Enforcement: Any person, firm or corporation who shall violate any provision of this chapter shall, upon being found in violation thereof, be subject to a civil penalty not to exceed $600 per violation for each day of violation and for violation of each applicable section of the chapter. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. In addition, if found in violation, the violator shall be subject to the assessment for court costs and reasonable attorney fees incurred by the Borough in enforcement proceedings.

The Council delegates the initial determination of the chapter violation and service of notice of violation to the Code Enforcement Officer. The Borough may enforce the chapter in equity in the Bradford County Court of Commons.

§ 298-4 Repealer.

Any ordinance of the Borough of Wyalusing entitled "International Mechanical Code 2009" and all other ordinances or parts of ordinances in conflict herewith are hereby repealed.

§ 298-5 Severability.

In the event that any individual section or provision within this chapter shall be found invalid, the invalidity shall pertain only to the specific section, and all other aspects of this chapter shall remain in full force and effect.