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,” (IMC) 2024 Edition, including all appendices, prepared and published in book form by the International Code Council, Inc. 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 two copies of said “IMC” 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; Ord. 5179-25)

The following sections of the IMC are hereby deleted:

•      112 – Means of Appeals;

•      113 – Board of Appeals;

•      114 – Violations;

•      The City Code of Newton, Kansas will not incorporate or implement any aspect of the International Energy Conservation Code (IECC) as mentioned in the IMC.

(Ord. 4037; Ord. 4259-98; Ord. 4662-08; Ord. 4734-10; Ord. 5179-25)

The following additions and amendments to the IMC are hereby adopted:

(a)   GENERAL: Any reference in this code to the International Electrical Code (IEC) is hereby amended and understood to reference the NFPA – 70 National Electrical Code (NEC).

(b)   202 General Definitions

[A] CODE OFFICIAL. The officer or other designated authority charged with the administration and enforcement of this code, referred to in the Newton City Code as Building Official, Fire Code Official, or their designated agents or representatives.

(c)   912.3 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)   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 NFPA 31. Suspended type unit heaters shall be installed at a minimum of eight (8) feet above walking surfaces to the bottom of the heaters.

(e)   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  30 minutes for hydrostatic tests and not less than 24 hours for pneumatic tests.

(Ord. 4037; Ord. 4259-98; Ord. 4662-08; Ord. 4734-10; Ord. 5179-25)

Any permit required by IMC 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 this Article 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;

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

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

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

(r)    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 does any work without a permit or who fails to report permitted work as ready for inspection when completed shall pay a civil penalty as prescribed in Newton City Code 6-116. The payment of such penalties 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; Ord. 5179-25)

(Ord. 3748, Sec. 3; Ord. 5179-25)

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; Ord. 5179-25)

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 license therefor. Each mechanical contractor shall also have an established place of business as provided by the zoning ordinance.

(Ord. 3794, Sec. 5; Ord. 5179-25)

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; Ord. 5179-25)

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; Ord. 5179-25)

(Ord. 3852, Sec. 1; Ord. 3794, Sec 13; Ord. 3591, Sec 1; Ord. 5179-25)

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 apply for mechanical installation and servicing permits. After paying the regular fees, they may secure a permit authorizing the licensed employee to service and install mechanical equipment in or on such building or premises as are owned, leased, or managed as the direct business of such person. The permit holder shall keep a detailed record of alterations made under such annual permit. The Building Official shall have access to such records at all times or such records shall be filed with the Building Official as designated. All work performed under such permits 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. An annual fee of $125, payable on or before January 31 of each year for renewal, is hereby required for a corporate mechanical equipment installer and servicer application and certificate payable upon issuance of the certificate. 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; Ord. 5179-25)

The administrative authority is hereby authorized to suspend or revoke the certificate or license 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 for the refusal or failure to comply with any lawful and reasonable order of the administrative authority, upon the determination of the Building Official. 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 has corrected the violation in accordance with this Code or any ordinance of the City, and has applied for and has passed an exam as required for the original certificate or license. The decision of the Building Official shall be final.

(Ord. 3740, Sec. 2; Ord. 5179-25)

Upon presentation by the administrative authority to the Board of Appeals and Variances (See City Code 6-102) 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. The Board shall make a written record of the hearing and, if upon a full hearing of all of the relevant evidence, the Board determines the certificate holder as guilty of any of the actions set forth in this section, the Board may fix a reasonable period of time for correction, or may recommend the revocation or suspension of the license or certificate of the holder for a definite period. Where a reasonable period of time for correction has been allowed, the Board shall, upon expiration of the period, further determine and recommend to the administrative authority concerning the revocation or suspension of the license or certificate in question.

(Ord. 3740, Sec. 3; Ord. 5179-25)

See 6-102 of City Code.

(Ord. 3591, Sec. 1; Ord. 5179-25)

(Ord. 3748, Sec. 7; Ord. 5179-25)

Any person or corporation violating any of the provisions of this Article and, the IMC, and its deletions and amendments adopted by the City of Newton shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a minimum fine of $100 to a maximum fine of $500. 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; Ord. 5179-25)