There is hereby incorporated by reference for the purpose of providing minimum regulations for the installation, erection, alteration, repair relocation, replacement, addition to, use or maintenance of any heating, ventilating, comfort cooling refrigeration systems, incinerators or other miscellaneous heat producing appliances, the “International Mechanical Code,” 2012 Edition, including all appendices, prepared and published in book form by the International Code Council, except such articles, sections, parts, or portions are hereinafter omitted, deleted, modified or changed.  Any errata officially published by the International Code Council shall become part of the incorporated Codes when placed on file by the administrative authority.  If any conflict or discrepancy exists between this article and the referenced Codes, the provisions of this article shall rule.  Not less than three copies of said “International Mechanical Code” shall be marked and stamped “Official Copy as Incorporated by referenced by the Code of the Code of the City of Newton, Kansas,” with all sections or portions thereof intended to be omitted clearly marked to show such deletion or change and 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.  All administrative departments of the city charged with enforcement of the ordinance shall be supplied, at the cost of the city, such number of official copies of said Codes similarly marked, deleted and changed as may be expedient.

(Ord. 4037; Ord. 4259-98; Ord. 4662-08; Ord. 4734-10; Ord. 4844-14)

There are no deletions made from the International Mechanical Code.

(Ord. 4037; Ord. 4259-98; Ord. 4662-08; Ord. 4734-10)

The following additions and amendments to the International Mechanical Code are hereby adopted:

(a)   GENERAL: Any referral in this code to the International Electrical Code (IFC) is hereby amended and understood to reference the National Electrical Code (NEC).

(b)   SECTION 501.2.       Exhaust discharge. Exceptions is amended to read as follows

Exceptions:

(1)   Whole-house ventilation-type attic fans shall be permitted to discharge into attic space of dwelling units having private attics.

(2)   Commercial cooking re-circulating systems.

(c)   SECTION 912.2.       Clearances is amended to read as follows:

912.2 Clearances. Heaters shall be installed with clearances from combustible material in accordance with the manufacturer’s installation instructions. Heaters shall be installed at a minimum of eight (8) feet above walking surfaces to the bottom of the heaters.

(d)   SECTION 920.2.       Support is amended to read as follows:

920.2 Support. Suspended type unit heaters shall be supported by elements that are designed and constructed to accommodate the weight and dynamic loads. Hangers and brackets shall be of noncombustible material. Suspended type oil-fired unit heaters shall be installed in accordance with NFP A31. Suspended type unit heaters shall be installed at a minimum of eight (8) feet above walking surfaces to the bottom of the heaters.

(e)   SECTION 1208.1 General is amended to read as follows:

1208.1 General. Hydronic piping systems other than ground-source heat pump loop systems shall be tested hydrostatically or pneumatically at a one and one half times the maximum system design pressure, but not less than 100 psi. The duration of each test shall be not less than 15 minutes for hydrostatic tests and not less than 24 hours for pneumatic tests.

(Ord. 4037; Ord. 4259-98; Ord. 4662-08; Ord. 4734-10)

The permit required by Chapter 3 of said Uniform Mechanical Code shall be issued only to those persons who hold a current license from the city authorizing them to perform the type and nature of work described in the permit. Any person desiring a permit required by the Uniform Mechanical Code shall at the time of filing an application therefor pay a fee in accordance with the following schedule:

(a)   For the issuance of each permit - $20.00;

(b)   For the installation or relocation of each forced-air or gravity type furnace or burner, including ducts and vents attached to such appliance, up to and including 100,000 btu’s - $10.00;

(c)   For the installation or relocation of each forced-air or gravity type furnace or burner, including ducts and vents attached to such appliance over 100,000 btu’s - $12.00;

(d)   For the installation or relocation of each floor furnace, including vent - $10.00;

(e)   For the installation or relocation of each suspended heater, recessed wall heater or floor mounted unit heater - $10.00;

(f)   For the installation, relocation or replacement of each appliance vent installed and not included in an appliance permit - $8.00;

(g)   For the repair of, alteration of, or addition to each heating appliance, refrigeration unit, comfort cooling unit, absorption unit, or each comfort heating, cooling, absorption or evaporative cooling system, including installation of controls regulated by this code - $10.00;

(h)   For the installation or relocation of each boiler or compressor to and including three horsepower or each absorption system to and including 100,000 btu’s - $10.00;

(i)    For the installation or relocation of each boiler or compressor over three horsepower to and including 15 hp, or each absorption system over 100,000 btu’s to and including 500,000 btu’s - $18.00;

(j)    For the installation or relocation of each boiler or compressor over 15 hp to and including 30 hp, or each absorption system over 500,000 btu’s to and including 1,000,000 btu’s - $25.00;

(k)   For the installation or relocation of each boiler or compressor over 30 hp to and include 50 hp, or for each absorption system over 1,000,000 btu’s to and including 1,750,000 btu’s - $32.00;

(l)    For the installation or relocation of each boiler or refrigeration compressor over 50 hp, or each absorption system over 1,750,000 btu’s - $38.00;

(m)  For each air handling unit to and including 10,000 cubic feet per minute, including ducts attached thereto - $10.00;

NOTE: This fee shall not apply to an air handling unit which is a portion of a factory assembled appliance, comfort cooling unit, evaporative cooler or absorption unit for which a permit is required elsewhere in this code.

(n)   For each air handling unit over 10,000 cubic feet per minute - $12.00;

(n)   For the installation of each hood which is served by mechanical exhaust, including the ducts for such hood - $10.00;

(o)   For the installation or relocation of each domestic type incinerator - $12.00;

(p)   For the installation or relocation of each commercial or industrial type incinerator - $32.00.

Any person desiring a permit required by the Uniform Solar Energy Code shall at the time of filing an application therefor pay a fee in accordance with the following schedule:

(1)   In addition to the issuance permit fee:

(2)   For Collectors (including related piping and regulating devices)

Up to 500 sq.ft. - $10.00;

More than 500 sq.ft. - $12.00;

(3)   For Storage Tanks (including related piping and regulating devices

Up to 500 gallons - $10.00;

More than 500 gallons - $18.00;

(4)   For each appliance or piece of equipment regulated by this code for which no fee is listed - $8.00.

Any person, firm, or corporation who performs any work for which a permit was acquired and for which an inspection is required and who fails to report the same as ready for inspection when such work is completed shall pay a late inspection fee of an amount equal to the regular permit fees. Any person, firm or corporation starting or commencing any work for which a permit is required without securing such permit shall pay a fee in an amount double to that amount regularly computed for the permit. The payment of such double fee shall not relieve any person from fully complying with the requirements of this code in the execution of the work nor from any other penalties prescribed herein.

(Ord. 3808, Sec. 1; Ord. 4931-16)

The Uniform Mechanical Code and Uniform Solar Energy Code incorporated by section 6-401 are supplemented with the following local regulations.

(Ord. 3748, Sec. 3)

No person, firm or corporation shall engage in the business or trade of installing, replacing, relocating or repairing mechanical, heating, cooling, ventilating or refrigeration equipment without first securing the appropriate certificate in the manner and for the fee hereinafter set forth in this article and without first having secured an appropriate license therefore, as hereinafter provided. The following license fee shall be paid for each calendar year and such fee or license term shall not be prorated:

(a)   Mechanical Contractors License. A Mechanical Contractors License may be issued for the sum of $150 for the first year and a renewal sum of $150 for each successive year to a person, firm or corporation of which at least one active member of such firm holds a valid Mechanical Installers Certificate. A separate license shall be issued for each place of business conducted by such person, firm or corporation.

(b)   Master Mechanical Contractors License. A license for a Master Mechanical Contractor may be issued to any person possessing a valid master mechanical certificate issued by the City, for the sum of $40 annually;

(c)   Journeyman Mechanical Contractor License. A license for a Journeyman Mechanical Contractor may be issued to any person possessing a valid mechanical journeyman competency certificate issued by the City, for the sum of $20 annually.

No licensed person, firm or corporation shall permit the use of his, her or its name by any other person, firm or corporation, either directly or indirectly either for the purpose of obtaining a permit or for the purpose of doing any mechanical work under his, her or its license.

(Ord. 3794, Sec. 12; Ord. 4931-16; Ord. 4935-17)

It shall be unlawful for any person to engage in the trade, business or otherwise perform the act of installation, repair or reinstallation of mechanical or solar equipment and apparatus in the city, either as a mechanical contractor, master mechanical installer or journeyman mechanical installer without first having received a certificate therefor. Each mechanical contractor shall also have an established place of business as provided by the zoning ordinance.

(Ord. 3794, Sec. 5)

Each mechanical contractor shall submit and at all times maintain current proof of insurance, in the form of a certificate or certificates of insurance, each with a clause providing for notice to the city clerk not less than 10 days prior to any cancellation thereof, which such proof of insurance must be submitted to and approved by the city clerk as to the following required insurance coverage, to wit:

(a)   Workers compensation insurance for all employees to be engaged in work on any site regulated by the Uniform Mechanical Code in the form as now or hereafter adopted by the city.

(b)   Comprehensive general liability insurance in an amount not less than $500,000 for each occurrence and aggregate, for bodily injury and property damage combined. Failure to maintain current proof of such insurance shall be cause for the revocation of such license.

(Ord. 4000, Sec. 1)

Any person shall have the right to install mechanical or solar heating, cooling, ventilating and refrigeration equipment in a single family residence owned by him or her and in which he or she lives without procuring a license and bond as above provided, but shall otherwise be subject to all the provisions of the Mechanical Code and amendments and supplements thereto. Apprentice mechanical employees shall be permitted to work when accompanied by and under the direct supervision of a master or journeyman mechanical installer.

(Ord. 3794, Sec. 6)

(a)   Administrative authority shall examine any applicant desiring to engage in the trade of mechanical equipment installation or servicing as to his or her practical and theoretical knowledge of heating, cooling, ventilation and refrigeration equipment, installation of duct work, and his or her knowledge of the city ordinances governing such work. The examination shall include or consist of the standard examination for the determination of competency of mechanical equipment installers and services based upon codes and standards effective on July 1, 1986, prepared and published and available upon such date from Block and Associates, Florida Farm Bureau Building, 5700 S.W. 34th Street, 1303, Gainesville, Florida 32608.

(b)   If the applicant achieves a 75 percent passing score the administrative authority shall issue a certificate for a journeyman or master mechanical equipment installer or servicer as the case may be.

(c)   Such examinations shall be conducted quarterly by the administrative authority and any applicant failing to pass an examination may be re-examined at the next or any succeeding quarterly examination date. No part of the examination fee shall be refunded to the applicant.

(d)   All mechanical equipment installers’ and servicers’ certificates shall be recorded in the office of the city clerk and shall be nontransferable. They shall expire December 31 each year and shall not be prorated; they may be renewed without reexamination upon application having been made within 30 days of the expiration and no proof having been presented that the holder is not entitled to renewal.

(e)   No person shall be eligible to take the examination for certification as a master mechanical equipment installer and servicer until satisfactory evidence has been presented to the administrative authority that the applicant has at least six years of work experience in the trade and no person shall be eligible to take the examination for certification as a journeyman mechanical equipment installer and servicer until satisfactory evidence has been presented to the administrative authority that the applicant has at least three years of work experience in the trade.

(Ord. 3852, Sec. 1)

There is established an examination fee of $30 for a master or journeyman mechanical equipment installers and servicer examination.

(Ord. 3852, Sec. 2)

An applicant successfully passing the examination shall thereupon be issued a mechanical certificate certifying to such fact for the classification or classifications for which such examination was taken. The certificate or certificates shall be valid and renewable as follows:

(a)   Upon payment of an annual fee of $5 for journeyman and $15 for masters;

(b)   Certificates shall expire on the 31st day of December in the year issued;

(c)   Certificates may be renewed within one month after the expiration date without examination and recommendation of the administrative authority. Thereafter the applicant must be re-examined as above provided.

(d)   Any person holding a valid mechanical certificate on December 31, 1983, who seeks renewal as provided in subsection (c) above shall be granted a certificate as a master mechanical installer without further examination

(Ord. 3794, Sec. 13)

The building inspector upon the recommendation of the Mechanical Advisory Board, whose recommendation shall be in writing and shall state specific reasons for approval or disapproval, may issue a certificate without examination to a nonresident mechanical equipment installer upon payment of the annual fee and a finding that such person holds a current valid certificate issued by another city of Kansas whose requirements relating to the issuance of said certificate are equivalent to the provisions of the City of Newton: Provided, that such issuing city also has a nonresident provision.

(Ord. 3591, Sec. 1)

Any person not engaged in the business of mechanical equipment installations and servicing, who has a person holding a certificate of competency as a mechanical equipment installer and servicer regularly and continuously in his, her or its employ may make application for mechanical installation and servicing permits and after paying the regular fees, secure a permit authorizing such person holding such certificate of competency to make such mechanical equipment installations and servicing in or on such building or premises as are owned, leased or managed as the direct business of such person. Ail mechanical equipment installation and servicing work performed under such permits issued in conformance with this section must be installed in compliance with the provisions of this article. Such permits shall be issued in the name of the person and shall be used in the regular performance of his or her business where having the work done. Any person wishing to obtain a certificate of competency as provided by this section must submit evidence of his or her experience and qualifications demonstrating ability equivalent to a master mechanical equipment installer and servicer to the administrative authority for approval. A fee of $75 is hereby established for a corporate mechanical equipment installer and servicer application. In addition, a fee of $25 is hereby established as an annual certificate fee payable upon issuance of the certificate and further payable annually on or before January 31 of each year for renewal thereof. Certificate renewal will be approved upon payment of the annual fee provided that no evidence has been shown to the administrative authority that the certificate should not be renewed.

(Ord. 3855, Sec. 1)

The administrative authority is hereby authorized to suspend or revoke the certificate of any mechanical contractor, as defined, master installer or journeyman mechanical installer for the commission of any act in violation of any provision of this code or any other ordinance of the city or the refusal or failure to comply with any lawful and reasonable order of the administrative authority, upon the determination of the mechanical advisory board. When a license or certificate of a person or firm has been revoked, a new certificate or license shall not be granted until he or she shall have corrected the violation in accordance with this code or any ordinance of the city and shall have made application and shall have passed an examination as required for the original certificate or license. The decision of the board shall be final.

(Ord. 3740, Sec. 2)

Upon presentation by the administrative authority to the mechanical advisory board of charges against any holder of any certificate, as set forth in this section, the board shall fix the time and place for a meeting to consider such charges and shall serve upon the holder of the certificate a written notice of the time and place of the meeting which shall be served upon the holder at least five days in advance of the meeting. The board shall make a written record of the hearing and if upon a full hearing of ail of the evidence, the board shall determine that such holder of a certificate has been guilty of any of the actions as hereinbefore set forth in this section, the board may fix a reasonable period of time for correction or may thereupon recommend the revocation, or suspension for a definite period, of the license or certificate of the holder. Where a reasonable period of time for correction has been allowed, the board shall, upon expiration of the period, make a further determination and recommendation to the administrative authority concerning the revocation or suspension of the license or certificate in question.

(Ord. 3740, Sec. 3)

(a)   A Mechanical Advisory Board of the city is established consisting of three members who shall be licensed installers of heating, ventilating, cooling and refrigeration systems and who shall be appointed by the city manager. The first appointee shall serve a term of one year, the second appointee shall serve a term of two years and the third appointee shall serve a term of three years. Thereafter all appointments shall be made for a term of three years. All appointments to commence on the 1st day of May and conclude on the last day of April.

(b)   The board shall meet at least quarterly, but may meet more frequently if the business of the board makes such meetings necessary. A member who misses two meetings in a row or three in anyone year without a valid reason, will be removed and a replacement appointed by the city manager to serve out the remaining term. The building inspector shall act as secretary of the board and shall be available for consultation, but shall have no vote.

(c)   The mechanical advisory board shall receive such compensation as determined by the governing body.

(Ord. 3591, Sec. 1)

(a)   The mechanical advisory board shall hear and determine all appeals from the orders of the administrative authority and act as an arbitration board in deciding any matters that may arise between the administrative authority and any person relative to the interpretation of this article. All proceedings before the board shall be recorded in writing and the determination of the board shall be final.

(b)   Where conditions exist which are not covered by the Uniform Mechanical Code or Uniform Solar Energy Code or in which it may be shown that it is impractical to follow the requirements of the same, the mechanical advisory board may grant variances from the strict application of the Uniform Mechanical Code or the Uniform Solar Energy Code. The board is further authorized, and it shall be its duty to pass upon materials or methods of installation not specifically provided for in the Uniform Mechanical Code or the Uniform Solar Energy Code and to accept or reject the same as complying or not complying with the intent of such code. The determination of the board shall be final. The board is further hereby given the responsibility of studying and making recommendations for code amendments relative to the use and installation of any products or materials that are being offered for use in building construction and to revise the mechanical code and regulations from time to time and make recommendations for code amendments to the governing body. A copy of such code amendments when they have become effective shall be sent to all persons holding a contractor’s license.

(c)   Any person who wishes an appeal or a variance from this code shall submit a written application to the administrative authority. The application shall be accompanied by a fee in the amount of $20 payable to the city. Such fee shall be retained by the city regardless of the outcome of the hearing.

(Ord. 3748, Sec. 7)

Any person or corporation violating any of the provisions of this article and the Uniform Mechanical Code or the Uniform Solar Energy Code of the city and its supplemental local regulations shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed $100. Each separate day or portion thereof during which such violation occurs or continues shall be deemed to constitute a separate offense and upon conviction thereof, shall be punishable as herein provided.

(Ord. 3748, Sec. 8)