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.
There is hereby adopted and incorporated by reference, for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of mechanical heating and cooling systems in buildings and structures, the International Mechanical Code, 2003 Edition as recommended by the International Conference of Building Officials, such code being made a part of the ordinances and code of the city as if the same had been set out in full herein, all as authorized and in the manner prescribed by K.S.A. 12-3009 through 12-3012 including any amendments thereto.
(Ord. 890, Sec. 1; Code 2007)
The following sections of this article are in addition to the provisions of the standard code incorporated by reference in section 4-502.
The public officer or his or her authorized designee shall be responsible for the administration and enforcement of this article and appointment of a mechanical inspector in accordance with section 4-204 of this chapter, which apply in a like manner to this article.
The public officer 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 public officer 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.
(a) The public officer, or his or her authorized designee, 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 public officer 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.
It shall be unlawful to install, alter or reconstruct any mechanical system, as defined by the mechanical code and section 4-501, in any building in the city without first making application to and receiving a permit therefor from the city clerk, after approval by the chief building official or his or her authorized assistant. The application for such permit shall be made and the permit obtained before any mechanical work is commenced.
(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 plumbing 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 the city. 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 public officer for work performed.
(c) Upon approval of the completed application and a determination that a permit should be issued, the public officer or his or her assistant 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 mechanical permit is made, the public officer 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 public official 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 in conformity with this article.
The fee for a mechanical permit shall be $48.00. The fee herein shall be paid to the city clerk upon obtaining a plumbing permit and the same shall be credited to the general operating fund of the city.
(Code 2007; Ord. 985; Ord. 1033)
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.
If in the judgment of the public officer, after inspection, mechanical system in any building are unsafe or dangerous to persons or property, the inspector shall have the power to cause 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.
(a) Each mechanical contractor shall before entering upon any mechanical work subject to regulation by city laws, apply to the city clerk for a mechanical contractor’s license and receive the same as hereinafter provided and have in his or her possession a valid license authorizing him, her or it to engage in the trade or occupation of a mechanical contractor in the city.
(b) No permit for any mechanical work shall be issued for any such work to be performed by a mechanical contractor, as defined, who has not first obtained a license upon making a proper application and payment of the license fee as required.
(c) It shall be unlawful for any person, firm, company, association or corporation to enter into a contract or agreement with another so as to bring himself, herself, or itself under the definition of a mechanical contractor herein, or to perform any work as a mechanical contractor or any work under a contract for any work involving mechanical construction, without first having obtained a mechanical contractor’s license issued by the city.
Application for mechanical contractor’s license shall be made upon a form to be supplied by the city. New Licenses shall provide proof of licensure in another jurisdiction or letters of reference for the applicant are required. The license or letters of reference must verify proficiency in the same trade that the mechanical contractor has referenced in his application for registration in the City of Greensburg.
The following license fees shall be paid for the calendar year:
(1) Mechanical Contractor, who shall qualify to engage in more than one kind of mechanical work, the sum of $100.00 for initial licenses and $75.00 for each year thereafter.
(Ord. 985, Ord. 1033; Code 2014)
A mechanical contractor must procure and maintain a liability insurance policy in the amount of $1,000,000 for each occurrence, $2,000,000 aggregate for bodily injury, and $100,000 each occurrence for property damage. Such policies of insurance shall be issued by an insurance company authorized to do business in the State of Kansas. An electrical contractor may qualify as to the insurance requirements by filing a certificate with the city clerk, executed by the resident agent of such company, stating that the required policy of insurance has been issued by such company for the purpose required by this article and that such insurer will not cancel the policy except upon giving 30 days notice in writing to the city, and that the certificate shall be filed for an annual period beginning January 1and ending December 31 of such year.
Nothing herein contained shall prohibit any property owner from personally performing any mechanical construction work within and upon his or her own residence and intended for his or her personal use and permanent occupancy; provided, the owner shall satisfy the building inspector as to his or her ability to perform such work, secure a permit, pay required fees, do work in accordance with this article, and apply for any inspection. Personal building or construction performed by an owner under this section shall be by himself, herself, for himself or herself on his or her own residence, without compensation and no person shall be employed to assist him or her in any way on such work except a mechanical contractor licensed by the city.
This article shall not be construed to relieve from any liability of lessen the liability of any person performing any activity connected herewith, not shall the city be held as assuming any liability by reason of any inspection authorized herein, by reason of any certificate of inspection issued by it or by reason of any permit or license granted herein.
If any section of the International Mechanical Code or 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 sections, the section to be completely severable from the remaining provisions which shall continue in full force and effect.