[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.]
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:
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"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."
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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:
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"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.
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I.
Section 108.5 is deleted and replaced with the following:
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"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.
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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]
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"SECTION 109 BOARD OF APPEALS
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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."
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K.
A new Section 110 shall be created and established
which shall read as follows:
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"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."
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