The term “Mechanical” as used in this article shall include, without limitation air conditioning and heating, refrigeration, mechanical ventilation, incinerators, boilers, solar heating and cooling, and similar systems.
(a) There is hereby incorporated by reference that certain code known as the International Mechanical Code, 2006 Edition, prepared and published in book form by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California, as amended by Resolution Number 261-2007 of the Board of County Commissioners of Sedgwick County, Kansas. No fewer than three (3) copies of said International Mechanical Code, 2006 Edition, and Sedgwick County Resolution Number 261-2007 shall be marked “Official Copy as adopted by Ordinance No. 664,” to which shall be attached a copy of this Ordinance, and filed with the City Clerk to be open to inspection and available to the public at all reasonable hours.
(b) All references to the terms “unincorporated areas of Sedgwick County” or “unincorporated areas” in the Sedgwick County Resolution adopted and incorporated herein by reference shall be deemed to mean and also include the areas within the corporate limits of the City of Goddard, Kansas.
(Ord. 490, Sec. 2; Code 2001; Ord. 664, Sec. 1:2; Code 2012)
The following sections of this article are in addition to the provisions of the standard code incorporated by reference in section 4-402.
Pursuant to “INTERLOCAL AGREEMENT FOR CODE ENFORCEMENT AND SERVICE FOR BUILDING, ELECTRICAL, MECHANICAL, AND PLUMBING CODES, AS CODIFIED IN CHAPTER 6, ARTICLES I-V, INCL. SEDGWICK COUNTY CODE AS AMENDED; BY AND BETWEEN CITY OF GODDARD, KANSAS AND SEDGWICK COUNTY,” the Sedgwick County Department of Code Enforcement or its authorized designee shall be responsible for the administration and enforcement of this article and appointment of a Mechanical Inspector.
The Mechanical Inspector shall have the following duties:
(a) To enforce all regulations relating to mechanical construction, alteration, repair or removal;
(b) To examine all buildings in the process of erection, construction, alteration or relocation in the city for the purpose of determining whether the work is in compliance with the mechanical permit given and in compliance with the regulations of the city pertaining to such work, including zoning regulations; and
(c) To keep comprehensive records of applications, of permits or certificates issued, of inspections made, of reports rendered, and of notices or orders issued. All such records shall be open to public inspection during stated office hours, but shall not be removed from the office of the Building Official or Mechanical Inspector without his or her written consent.
The Mechanical Inspector shall have the following powers:
(a) To enter any building or structure or premises at any reasonable hour, whether complete or in the process of erection, to perform the duties contained in this chapter;
(b) To adopt and enforce all such prudent emergency measures as he or she may deem necessary and expedient for the public safety under the laws of the city;
(c) May cause any work done in violation of this chapter to be discontinued until he or she shall have satisfactory evidence that the work will be done in accordance with the mechanical regulations of the city, subject to the right of any mechanical contractor or owner to appeal to the Governing Body.
The Mechanical Inspector, or his or her agent, upon proper identification, shall have authority to enter any building, structure or premises at any reasonable hour to perform his or her duties as set out in this chapter.
(a) The Governing Body shall be the final determiner of the scope and meaning of all provisions of the mechanical code which may be unclear, ambiguous, or requiring interpretation.
(b) The Mechanical Inspector shall have power to modify any of the provisions of the mechanical code upon application in writing by the owner or lessee or his or her authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code. In approving modifications, the Mechanical Inspector shall see that the spirit of the code is observed, public safety secured and substantial justice done. The particulars of a modification when granted or allowed and the decision of the inspector thereon shall be entered upon the records of the Mechanical Inspector and a signed copy shall be furnished to the applicant.
(a) It shall be unlawful to install any mechanical system, as defined by the mechanical code and section 4-401, in any building in the city without first making application to and receiving a permit therefor from the City Clerk, after approval by the Building Official. The application for such permit shall be made and the permit obtained before any mechanical work is commenced.
(b) No permit shall be required for making repairs to or replacing any mechanical system, not involving original installation.
(a) A mechanical permit shall be issued upon an application in writing to the office of City Clerk on a form or forms provided for the purpose. This application shall, among other things, disclose the following:
(1) The name of the owner of the lot or tract of ground;
(2) The location of the building or structure;
(3) The mechanical work proposed;
(4) The class of occupancy;
(5) The class of construction;
(6) The kind of materials to be used;
(7) The estimated cost of the work;
(8) The date work will commence;
(9) Expected date of completion;
(10) Name and address of mechanical contractor or contractors doing the work;
(11) Such other information as may be pertinent to the issuance of the required permit.
(b) An application for a mechanical permit shall be signed by the owner or his or her duly authorized agent, or a mechanical contractor licensed by Sedgwick County, Kansas. If the application is made by the owner or his or her agent, it shall contain the name or names of the licensed mechanical contractor or contractors doing the work described, or a mechanical permit may be issued to the owner upon his or her application disclosing satisfactory evidence that the proposed work will be performed by the owner, himself or herself and not by a licensed mechanical contractor, and likewise subject to the final approval of the Mechanical Inspector for work performed.
(c) Upon approval of the completed application and a determination that a permit should be issued, the Building Official shall issue a permit to the owner or contractor authorizing the mechanical work covered by the application.
(d) Any permit issued under this section shall be valid and subsisting for a period of not more than six months from the date of issuance unless the permittee shall have commenced, within the period so limited, the mechanical work authorized by such permit. Mechanical work commenced for the purpose of this section shall mean the beginning of mechanical work other than the preparation of plans or the letting of a mechanical contract.
Whenever an application for a mechanical permit is made, the Building Official or the Mechanical Inspector may, if he or she finds it necessary to determine whether work described in the application will comply with the laws pertaining to such work, require that the applicant file a written description or drawing of the proposed mechanical construction as may be prepared for the purpose. If such drawing or description is insufficient for the purposes of determining whether a permit should be issued, the Building Official or the Mechanical Inspector may require the applicant to file complete architectural and engineering plans and specifications for such building or construction, or any part thereof, as may be necessary for the inspector to determine compliance with this article. The filing of such plans and specifications and the approval thereof in connection with an application for a permit shall not in any way affect the authority of the city to deny or issue a permit, or to inspect any mechanical work for conformity with this article.
The fee for a mechanical permit shall be as set forth in Chapter 6, Articles I-V of the Sedgwick County Code, as amended. The fee herein shall be paid to the City Clerk upon obtaining a mechanical permit and the same shall be credited to the general operating fund of the city.
A copy of the mechanical permit shall be kept on the premises for public inspection during the performance of the work and until the completion of the same. The Mechanical Inspector may require a certified copy of the approved plans to be kept on the premises at all times from the commencement of the work to the completion thereof.
Upon the completion of any mechanical work for which a permit is required, it shall be the duty of the person doing such work to notify the Mechanical Inspector and request that it be inspected; after which such work shall be inspected promptly as hereinafter provided.
(a) When any mechanical system, or portion thereof, for which a permit is required, is to be hidden from view by the permanent placement of parts of the building, the person, firm or corporation installing the mechanical system shall notify the Mechanical Inspector and such equipment shall not be concealed until it has been inspected, approved or authorized by the Mechanical Inspector or until 24 hours, exclusive of Saturdays, Sundays and holidays, shall have elapsed from the time of such notification. On large installations, where the concealment of mechanical systems proceeds continuously, the person, firm or corporation installing the mechanical system shall give the Mechanical Inspector due notice and inspections shall be made periodically during the progress of the work.
(b) The Mechanical Inspector shall have the authority to require owners or contractors to open such work which, in any manner, conceals a mechanical system which requires a permit, that has been closed without his or her knowledge or permission, and in no case shall the inspector issue a certificate of approval until satisfied that the work is in accordance with the provisions of this article. The inspector shall also have the right to refuse to issue a certificate of approval on any mechanical system, that is concealed in such manner that it cannot be fully determined that it has been done in accordance with this article.
(a) When the Mechanical Inspector finds mechanical system construction to be in conformity with the provisions of this article, he or she shall issue to the person, firm, or corporation performing the mechanical system construction, a certificate of approval, with duplicate copy for delivery to the owner, authorizing the use of the mechanical system and connection to the supply of gas, electricity and/or water, as the case may be.
(b) When a certificate of approval is issued authorizing the connection and use of a temporary gas, electrical and/or water supply, the certificate shall expire at a time to be stated therein and shall be revocable for cause by the Mechanical Inspector.
(c) In no case shall certificates of approval be issued on mechanical systems or parts of systems where the work installed does not conform to the requirements of this article.
(d) If, upon inspection, the mechanical system is not found to be fully in conformity with the provisions of this article, the Mechanical Inspector shall immediately notify the person, firm, or corporation making the installation of the existing defects.
(e) No certificate of approval shall be issued unless the mechanical system has been installed in strict conformity with the provisions of this article and unless the mechanical system is made in compliance with nationally approved methods of construction for safety to life and property as herein set forth.
(f) The Mechanical Inspector shall be deemed the judge of whether the mechanical system has been made in accordance with the requirements of this article.
(g) No certificate of approval shall be required for making minor repairs of any mechanical system, not involving original installation or reconstruction.
(a) If in the judgment of the Mechanical Inspector, after inspection, the mechanical system in any building is unsafe or dangerous to persons or property, the inspector shall have the power to cause the mechanical system to be disconnected from the supply of gas, electricity or water and may, at his or her discretion, seal the control valves for the same in a closed or disconnected position, whereupon he or she shall give notice to the owner, or his or her agent, or by posting such notice at the site and shall also notify the utilities serving the premises. Thereafter, it shall be unlawful for any person to cause or permit gas, electricity or water to be supplied to the mechanical system so sealed until they shall have been made safe and the inspector shall have issued a certificate of approval to that effect.
(b) When the Mechanical Inspector condemns all or part of any mechanical system, the owner may, within 10 days after receiving written notice thereof, file a petition in writing for review of the action of the Mechanical Inspector by the Governing Body, upon the receipt of which the Governing Body shall at once proceed to determine the facts, and within 10 days from receiving the petition make a decision in accordance with their findings.
In lieu of assessing and collecting its own fees for mechanical contractor’s licenses, the City of Goddard adopts Sedgwick County’s requirements for licensing and permitting, and thereby defers such assessing and collecting to Sedgwick County by incorporating by reference Sedgwick County’s requirements for mechanical contractor’s licenses which are codified in the Sedgwick County Code, Chapter 6, Articles I-V, inclusive, Section 6-102, Uniform Mechanical Code(UMC), Section 118.2, UMC contractor’s license requirements.
No mechanical contractor’s license shall be required for any person performing work on a single family dwelling unit in which he or she actually resides, provided that for purposes of this section, no person shall be considered to reside in a dwelling unit unless he or she resides continuously in that unit for a period of at least Six (6) months.
If any section of the Uniform Mechanical Code or of this article shall be held unconstitutional or otherwise invalid by any court of competent jurisdiction, then such section shall be considered separate and apart from the remaining provisions of the Uniform Mechanical Code or of this article, the section is to be completely severable from the remaining provisions which shall continue in full force and effect.