[Adopted 6-10-2004 by Ord. No. 04-09]
A certain document, a copy of which is on file in the office of the Township Secretary of Upper Frederick Township, being marked and designated as the International Mechanical Code, 2003 Edition, subject to the revisions below in § 112-26, and including Appendix A, is hereby adopted as the Mechanical Code of Upper Frederick Township, in Montgomery County, Pennsylvania, for the regulation and control of mechanical systems as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said International Mechanical Code 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 § 112-26 of this article.
The International Mechanical Code, 2003 Edition, as referenced in § 112-25, shall be revised as follows:
A. 
The following subsections and/or words in the code are hereby revised to substitute the following words for the original words contained in the ordinance [original language is contained in brackets]:
(1) 
Section 101.1. Substitute "Upper Frederick Township" for [Name of Jurisdiction].
(2) 
Substitute in all sections of the code "Code Enforcement Officer" for [The Building Official].
(3) 
Substitute in all sections of the code "The Board of Supervisors" for [The Governing Body].
B. 
Section 108 is amended to provide that all violations of any provision of this code shall be enforced in accordance with the provisions of § 113 of the International Building Code, 2003 Edition, adopted by Upper Frederick Township, and may be in accordance with the procedures provided in this code.
C. 
Section 109 is amended to provide that all appeals, orders, decisions or determinations of the Code Enforcement Officer relative to the application and interpretation of this Code shall be heard by the Code Appeals Board in accordance with the provisions of § 112 of the International Building Code, 2003 Edition, adopted by Upper Frederick Township, which may operate in accordance with the provisions of this code.
D. 
The title of § 103 is deleted in its entirety. A new title is hereby enacted to read as follows:
"Code Enforcement Officer and Deputies."
E. 
Section 103.1 is deleted in its entirety. A new § 103.1 is hereby enacted to read as follows:
"103.1 Creation of The Office of The Code Enforcement Officer. The office of the Code Enforcement Officer is hereby created, and the executive official(s) in charge thereof shall be known as the Code Enforcement Officer(s)."
F. 
Section 103.2 is deleted in its entirety. A new § 103.2 is hereby enacted to read as follows:
"103.2 Appointment. The Code Enforcement Officer(s) shall be appointed by the Board of Supervisors and shall serve at the pleasure of the Board of Supervisors."
G. 
Section 106.5.2 is deleted in its entirety. A new § 106.5.2 is hereby enacted to read as follows:
"The fees for all work, permits, charges, etc. shall be paid in accordance with the Fee Schedule Resolution in effect at the time application is made."
H. 
Section 106.5.3 is deleted in its entirety. A new § 106.5.3 is hereby enacted to read as follows:
"106.5.3 Fee Refunds. All fee refunds shall be paid in accordance with the Fee Schedule Resolution in effect at the time application is made."
I. 
Subsections 109.1 through and including 109.5 are hereby deleted in their entirety. A new Subsection 109.1 is hereby enacted to read as follows:
"109.1 Appeals. Any person or persons shall have the right to appeal a decision of the Code Enforcement Officer to the Appeals Board in accordance with §§ 403.121 and 403.122 of the Uniform Construction Code, as amended as adopted by this Township. An application for an 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.
"All such appeals shall be filed on a form obtained from the Code Enforcement Officer within 30 days after the notice of a decision was issued. The Appeals Board shall have exclusive jurisdiction over such appeals, and failure to appeal the decision of the Code Enforcement Officer to the Appeals Board renders the decision of the Code Enforcement Officer unappealable."
J. 
Sections 109.2 through and including 109.7 are hereby deleted in their entirety.
K. 
Section 202 is hereby revised to include the following additional definition:
"Occupied: As applied to a building, or portion thereof, shall be construed as though followed by the words, 'or intended, arranged or designed to be occupied, or having a certificate of use and occupancy'."
By December 31 of the year of the issuance of a new triennial ICC International Mechanical Code, or it successor mechanical code, the new International Mechanical Code, or its successor mechanical code shall be automatically adopted as the Township of Upper Frederick Mechanical Code, including appendices as determined by the Pennsylvania Department of Labor and Industry.