[HISTORY: Adopted by the City Council of the City of Harrisburg 9-23-2003 by Ord. No. 25-2003. Amendments noted where applicable.]
It is the intent and purpose of this chapter to adopt a modern mechanical code which will prescribe effective standards and minimum requirements to safeguard the public health and safety against the hazards of inadequate, defective or unsafe mechanical installations.
In accordance with Section 608 of the Optional Third Class City Charter Law, Act of July 15, 1957, P.L. 901, as amended, 53 P.S. § 41608, and Section 4130 of the Third Class City Code, Act of June 23, 1931, as amended, 53 P.S. § 39130(b), there is hereby adopted by the City, for the purpose of prescribing specifications and regulations to ensure the safety and integrity of mechanical systems located in structures within the City, that certain mechanical code known as the "International Mechanical Code, 2003 Edition," and all appendixes thereto, as supplemented and published by the International Code Council, except such provisions which are in conflict with regulations promulgated by the Pennsylvania Department of Labor and Industry interpreting the Uniform Construction Code pursuant to Section 301 of the Pennsylvania Construction Code Act, Act of November 10, 1999, P.L. 491, 35 P.S. § 7210.301, or any other state law on the subject or regulations issued by a state agency by virtue of a state law. Ten copies of the adopted Mechanical Code are presently on file in the office of the City Clerk, and such code is hereby incorporated as fully as if set forth at length herein. The provisions of the adopted Mechanical Code shall be controlling within the limits of the City, except as amended by the provisions of this chapter.
The following sections of the International Mechanical Code, 2003 Edition, as adopted herein, are hereby deleted in their entirety and replaced as indicated:
Chapter 1, Administration.
Section 101.1 is amended to read as follows:
101.1 Title. These regulations shall be known as the "Mechanical Code of the City of Harrisburg," hereinafter referred to in this chapter as "this code."
Section 103.1 is amended to read as follows:
103.1 General. The City of Harrisburg Department of Building and Housing Development, Bureau of Codes Enforcement (also referred to in this code as "Department of Building Safety"), or any other department, bureau or division of the City designated by the Mayor, shall administer and enforce this code or any part thereof, and the executive official in charge thereof shall be known as the "Codes Administrator" (also referred to in this code as "Building Official").
Section 106.5.2 is amended to read as follows:
106.5.2 Fee schedule. The fees for mechanical work shall be as indicated in § 8-101.4 of the City's Codified Ordinances.
Section 106.5.3 is amended to read as follows:
106.5.3 Fee refunds. The code official is authorized to establish a refund policy.
Section 108.4 is amended to read as follows:
108.4 Violation penalties. Persons who violate a provision of this code or fail to comply with any of the requirements thereof or who erect, install, alter or repair mechanical work in violation of the approved construction documents or directive of the Building Official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law.
Section 108.5 is amended to read as follows:
108.5 Stop-work orders. Any person who continues any work on the system after having been served with a stop-work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law.
Whenever any provision or requirement of the Commonwealth of Pennsylvania Department of Labor and Industry is more stringent or stricter than a provision or requirement of the City Mechanical Code, the Department of Labor and Industry's provision shall supersede any such provision or requirement of the Mechanical Code.
Any person, firm, corporation, association or other entity who is aggrieved by a ruling, decision or action of any department, bureau or other division of the City in regard to the administration or enforcement of any of the provisions of the Mechanical Code may appeal the ruling, decision or action complained of in writing to the Building and Housing Code Board of Appeals of the City of Harrisburg in the manner and in accordance with the procedures set forth in Chapter 8-501 of the Codified Ordinances.
Any person, whether individually or as a member or employee of a partnership, or any officer, agent or employee of a corporation who directs or knowingly permits any violation of any of the provisions of the sections of this Mechanical Code, or who aids or assists therein, either on his/her own behalf or in the interests of his/her employer or principal, or who fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved in accordance with this code or any certificate of approval issued thereto and from which no appeal has been taken, or who fails to comply with such order as affirmed or modified by the City shall, upon conviction thereof, severally and for each violation and noncompliance, respectively, be fined not less than $50 nor more than $1,000, plus costs, or shall be imprisoned in the Dauphin County Prison for not more than 90 days for each separate violation, or both. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all persons required to do so shall correct and remedy violations or defects within a reasonable time, and, when not otherwise specified, each five days that the prohibited conditions are maintained shall constitute a separate offense.
The application of the above penalty shall not prevent the enforced removal of the prohibited conditions or device or any other remedy at law or equity available to the City for enforcement of this chapter.