[Amended 6-16-1989 by Ord.
No. 3098.1; 3-13-1990 by Ord.
No. 3098.2; 8-24-1993 by Ord.
No. 3098.3; 7-23-1996 by Ord.
No. 3098.4]
The City of Bradford hereby adopts, for the purpose of prescribing regulations
governing the safe installation and maintenance of all mechanical equipment,
the mechanical code known as the "BOCA International Mechanical Code, 1996
Edition," and then henceforth, the City of Bradford will comply with the most
recent edition of this code, save and except such portions as are hereinafter
deleted, modified or amended, of which three (3) copies have been and are
now filed in the office of City Clerk, and the same are hereby adopted and
incorporated as fully as if set out at length herein, and from the date on
which this chapter shall take effect, the provisions thereof shall be controlling
within the corporate limits of the City of Bradford.
The mechanical code hereby adopted is amended as follows :
A. "The City of Bradford" shall be inserted wherever the
words "name of municipality" appear in brackets therein.
B. Wherever the term "legal officer" or "legal representative"
is used in this code, it shall be held to mean the Bradford City Solicitor.
C. Section M-114.2, "Periodic inspections," is amended to
include the following fee schedule: "a fee of fifteen dollars ($15.) per inspection."
D. Section M-114.3, "Fee schedule," is amended to include
the following fee schedule:
(1) Under five hundred dollars ($500.): a fee of fifteen
dollars ($15.).
(2) Five hundred dollars ($500.) to five thousand dollars
($5,000.): a fee of twenty dollars ($20.).
(3) Five thousand dollars and one cent ($5,000.01) to ten
thousand dollars ($10,000.): a fee of thirty dollars ($30.).
(4) Ten thousand dollars and one cent ($10,000.01) or more:
a fee of ten dollars ($10.) per ten thousand dollars ($10,000.) of construction,
or any fraction thereof.
E. Section M-117.4, "Penalties" is hereby amended to read
as follows:
M-117.4 Penalties:
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1.
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Any person, firm or corporation who or which shall violate any provision
of this chapter shall, upon the first conviction thereof, be sentenced to
pay a fine of not less than twenty-five dollars ($25.) nor more than one thousand
dollars ($1,000.) or to undergo imprisonment for term not to exceed ninety
(90) days, or both; upon the second conviction thereof, be sentenced to pay
a fine of not less than one hundred dollars ($100.) nor more than one thousand
dollars ($1,000.) or to undergo imprisonment for a term not to exceed ninety
(90) days, or both; upon the third or subsequent conviction thereof, be sentenced
to pay a fine of not less than five hundred dollars ($500.) nor more than
one thousand dollars ($1,000.) or to undergo imprisonment for a term not to
exceed ninety (90) days, or both. Each day that a violation of this chapter
continues after notice shall constitute a separate offense.
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2.
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The application of the above penalty shall not be held to prevent the
enforced removal of prohibited conditions.
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F. Section M-118.2 shall be deleted.
[Amended 6-16-1989 by Ord.
No. 3098.1]
In all matters that are regulated by the laws of the Commonwealth of
Pennsylvania or by regulations of departments or agencies of the commonwealth
promulgated by authority of law, such laws or regulations, as the case may
be, shall control where the requirements thereof are the same as or in excess
of the provisions of this chapter. The code shall control in all cases where
the state requirements are not as strict as those contained in this chapter.
The invalidity of any section or part of this chapter shall not affect
the remaining sections.
The provisions of this chapter, so far as they are the same as those
of ordinances and/or codes in force immediately prior to the enactment of
this chapter or are intended as a continuation of such ordinances and shall
not affect any act done or liability incurred, nor shall they affect any suit
or prosecution pending or to be instituted to enforce any right or penalty
or to punish any offense under the authority of any of the repealed ordinances.
If any sentence, clause, section or part of this chapter is for any
reason found to be unconstitutional, illegal or invalid, such unconstitutionality,
illegality or invalidity shall not affect or impair any of the remaining provisions,
sentences, clauses, sections or parts of this chapter. It is hereby declared
as the intent of the Bradford City Council that this chapter would have been
adopted had such unconstitutional, illegal or invalid sentence, clause, section
or part thereof not been included herein.