Borough of West Chester, PA
Chester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the Borough of West Chester 5-10-1989 by Ord. No. 13-1989; amended in its entirety 4-21-2004 by Ord. No. 13-2004. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 43.
Electrical standards — See Ch. 54.
Fire prevention — See Ch. 57.
Housing and property maintenance — See Ch. 66.
Plumbing — See Ch. 82.
There is hereby adopted by the Borough of West Chester for the purpose of enacting and establishing minimum safety standards and regulations for the safe installation and maintenance of certain mechanical equipment situate within the Borough of West Chester the International Mechanical Code, 2003 Edition, as now and as hereafter supplemented, reissued, amended and revised as published by the International Code Council, Inc. Not fewer than three copies of the International Mechanical Code, 2003 Edition, have been and now are filed in the Borough's office of the Department of Building, Housing and Codes Enforcement, and the same is hereby adopted and incorporated as fully as if set out at length herein.
The following amendments, additions, deletions and changes are hereby made to the International Mechanical Code, 2003 Edition:
A. 
Section 101.1 shall be amended by the deletion of the words, "[NAME OF JURISDICTION]" and the replacement thereof with "the Borough of West Chester."
B. 
Section 103 shall be deleted in its entirety and replaced with the following: "103 DEPARTMENT OF BUILDING, HOUSING AND CODES ENFORCEMENT."
C. 
Section 103.1 shall be deleted in its entirety and replaced with the following:
"103.1 Code official. The Department of Building, Housing and Codes Enforcement shall be responsible for administering and enforcing this code. The Executive Official in charge of the Department of Building, Housing and Codes Enforcement shall be known as the "code official."
D. 
Section 103.2 shall be deleted in its entirety and reserved.
E. 
Section 106.5.2 shall be amended by the deletion of the words "[fees for all periodic inspections shall be indicated in the following schedule; jurisdiction to insert appropriate schedule]" and the replacement thereof with: "The fees for all inspections and/or permits shall be listed on the fee schedule established by resolution duly adopted by the Borough Council and kept on file in the Department of Building, Housing and Codes Enforcement."
F. 
Section 106.5.3(2) shall be amended by the deletion of the words "[SPECIFY PERCENTAGE]" and the replacement thereof with "50%."
G. 
Section 106.5.3(3) shall be amended by the deletion of the words "[SPECIFY PERCENTAGE]" and the replacement thereof with "100%."
H. 
Section 108.4 shall be amended to state as follows:
"108.4 Violations and penalties. Any person who violates or permits the violation of any 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 shall, upon conviction thereof in a summary proceeding brought before a District Justice, be guilty of a summary offense and shall be subject to the payment of a fine of not less than $25 and not more than $1,000, plus the costs of prosecution. Upon default of payment thereof, the defendant may be sentenced to imprisonment in the county prison for a period of not more than 30 days. Each section or provision of this chapter that is violated shall constitute a separate offense, and each day or portion thereof in which a violation of this chapter is found to exist shall constitute a separate offense, each of which violations shall be punishable by a separate fine imposed by the District Justice of not less than $25 and not more than $1,000, plus the costs of prosecution, and, upon default of payment thereof, the defendant may be sentenced to imprisonment in the county prison for a term not more than 30 days.
I. 
Section 108.5 is deleted and replaced with the following:
"108.5 Stop-work orders. Upon notice from the code official that the 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, upon conviction thereof in a summary proceeding brought before a District Justice, be guilty of a summary offense and shall be subject to the payment of a fine of not less than $25 and not more than $1,000, plus the costs of prosecution. Upon default of payment thereof, the defendant may be sentenced to imprisonment in the county prison for a period of not more than 30 days. Each section or provision of this chapter that is violated shall constitute a separate offense, and each day or portion thereof in which a violation of this chapter is found to exist shall constitute a separate offense, each of which violations shall be punishable by a separate fine imposed by the District Justice of not less than $25 and not more than $1,000, plus the costs of prosecution, and, upon default of payment thereof, the defendant may be sentenced to imprisonment in the county prison for a term not more than 30 days.
J. 
Section 109 shall be deleted in its entirety and replaced with the following:
[Amended 8-15-2012 by Ord. No. 15-2012; 9-16-2015 by Ord. No. 13-2015]
"SECTION 109 BOARD OF APPEALS
109.1 General. The Borough, along with five other municipalities in Chester County, is a member of the West Chester Area Council of Governments (WCACOG) pursuant to an intergovernmental cooperation agreement to create the West Chester Area Council of Governments dated the 1st day of April, 2003. The WCACOG has formed a Board of Appeals for the members in the WCACOG, which Board shall hear and decide appeals of orders, decisions or determinations made by the respective municipalities' building official relative to the application and interpretation of the municipalities' building code and all other related codes that are published by the International Code Council, Inc., and are referenced in Chapter 35 of the International Building Code, 2003 Edition, including the municipalities' mechanical code. The Board of Appeals shall be appointed by the WCACOG and shall be governed by rules and regulations adopted by the WCACOG pursuant to the agreement. The Board of Appeals shall adopt rules of procedure for conducting its business."
K. 
A new Section 110 shall be created and established which shall read as follows:
"SECTION 110. LICENSE REQUIRED. In order to erect, install, alter, repair or replace any heating, ventilation or air-conditioning equipment in the Borough of West Chester, such person must present proof that he or she was licensed by the Borough prior to the adoption of this chapter, or has a valid license from the International Code Council, Inc., to perform such work."