[HISTORY: Adopted by the Board of Commissioners of the Township
of Radnor 1-3-2023 by Ord. No. 2022-26.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 195,
Mechanical Standards, adopted 2-22-2010 by Ord. No. 2010-07.
Certain documents on file in the office of the Secretary of
the Township of Radnor, being marked and designated as the "2018 International
Mechanical Code," are hereby adopted as the Mechanical Code of Radnor
Township, Delaware County, in the Commonwealth of Pennsylvania, for
the purpose of establishing minimum regulations governing the design,
installation and construction of mechanical systems as herein provided;
and each and all of the provisions, penalties, conditions and terms
of the 2018 International Mechanical Code, as amended, are hereby
referred to, adopted and made a part hereof as if fully set forth
in this chapter, with the additions, insertions, deletions, and changes
prescribed by this chapter.
The following sections and subsection of the aforementioned
2018 International Mechanical Code, as amended, are hereby added,
amended, deleted, changed, and clarified as set forth below.
A.Â
Chapter 1, Administration.
(1)Â
Section 101, General.
(a)Â
Subsection 101.1, Title. The "Township of Radnor" shall be inserted
as the name of the municipality.
(b)Â
Insert a new Subsection 101.5 to read as follows:
101.5 Default municipality. Whenever in said Mechanical
Code a municipality is mentioned and no name is given, said municipality
shall be construed to mean the Township of Radnor, and when a state
is mentioned, the same shall mean the Commonwealth of Pennsylvania;
and where the Department of Mechanical Inspection is mentioned, the
same shall mean the Department of Community Development.
(2)Â
Section 103, Department of Mechanical Inspection.
(a)Â
Delete Subsections 103.1 through 103.3 and substitute the following:
103.1 General. The Director of Community Development
or any authorized agent or employee thereof shall be designated as
the Code Official for the purposes of this code.
103.2 Appointment. The Code Official and employees
of the Department of Community Development shall be appointed in accordance
with the personnel procedures and policies of the Township of Radnor.
(3)Â
Section 106, Permits.
(a)Â
Subsection 106.4.3, Expiration. Add a period after the phrase
"a new permit shall be first obtained" on line eight, and delete the
remaining text on lines nine through 13.
(b)Â
Subsection 106.4.4, Extensions. Delete the last three sentences
and replace them with the following sentence: "The Code Official shall
have the authority to extend the time for action by a permittee for
a determined period of time based upon reasonable cause."
(c)Â
Subsection 106.5.1, Work commencing before permit issuance.
Delete this subsection in its entirety.
(d)Â
Subsection 106.5.2, Fee schedule. Delete this section and substitute
the following:
106.5.2 Fee schedule. No permit shall be issued until the fees established by the Board of Commissioners have been paid in accordance with Chapter 162 of the Code of the Township of Radnor, as amended, nor shall an amendment to a permit necessitating an additional fee, because of an increase in the estimated cost involved, be approved until the additional fees have been paid in accordance with Chapter 162 of the Code of the Township of Radnor, as amended.
(e)Â
Subsection 106.5.3, Fee refunds. Delete this subsection in its
entirety.
(4)Â
Section 108, Violations.
(a)Â
Subsection 108.3, Prosecution of violation. Delete the following
words in the second and third lines: "request the legal counsel of
the jurisdiction to."
(b)Â
Subsection 108.4, Violation penalties. Delete this subsection
and substitute the following:
108.4 Violation penalties. Any person who violates
a provision of this code; fails to comply with any of the requirements
thereof; or constructs, installs, repairs, alters, or does work on
a mechanical system in violation of the approved construction documents,
any approved plan, permit, certificate, application for permit, or
directive of the Code Official shall, upon conviction, be punishable
by a fine of not more than $1,000 per violation. Each day that each
violation continues shall be deemed a separate offense.
(c)Â
Subsection 108.5, Stop work orders. Insert in the first blank
"25" and in the second blank insert "1,000."
(5)Â
Section 109, Means of Appeal.
(a)Â
Delete the entire Section 109, Means of Appeal, and substitute
with the following:
SECTION 109
APPEALS
|
109.1 General. Whenever the owner or contractor
involved in the installation, repair, or alteration of a mechanical
system takes exception to the decision of the Code Official in refusing
to approve a permit or submitted plans as required by this code, such
owner, contractor, or duly authorized agent or attorney may, within
30 days after such decision, take an appeal therefrom to the Code
Appeals Board. Such appeal shall be in writing, state the decision
of the Code Official and the reason for taking exception thereto,
and shall be filed with the Department. The appeal shall be heard
pursuant to and consistent with the practices and procedures established
for or by the Code Appeals Board, as well as the Pennsylvania Uniform
Construction Code. A written decision to affirm, modify, or reverse
the decision of the Code Official shall be issued by the Code Appeals
Board and duly recorded, with such decision being final.
109.2 Limitations on authority. An application
for appeal shall be based on a claim that the true intent of this
code or the rules legally adopted thereunder have been incorrectly
interpreted, the provisions of this code do not fully apply or an
equally good or better form of construction is proposed. The Code
Appeals Board shall not have authority to waive requirements of this
code.
(6)Â
Insert a new Section 111 to read as follows:
SECTION 111
LICENSE REQUIREMENTS
|
111.1 General. It shall be unlawful for any person to engage in the business of heating, ventilation, air conditioning, and/or refrigeration (hereinafter "HVAC") without first having obtained a license from the Department of Community Development. Application shall be made on a form furnished by the Township and shall include the name and address of the business, partnership, or corporation; name of the individual to be licensed along with any other information that the Township may require. License fees shall be charged as set forth in Chapter 162 of the Code of the Township of Radnor, as amended, and shall be valid for a period of one year from the date issued.
111.2 Revocation of license. Any HVAC license granted
hereunder may be revoked by the Code Official for violation of any
part of this code; for refusing to make the necessary corrections
to work not approved by the Code Official; or for violation of any
standards, conditions or requirements under which an HVAC permit is
issued by the Township. Notification and justification for such action
shall be provided to the licensee by certified and regular mail. The
licensee or duly authorized agent or attorney may, within 10 days
from the date of such notice and justification, appeal the decision
of the Code Official to the Code Appeals Board. Such appeal shall
be in writing, state the decision of the Code Official and the reasons
for the exception taken thereto, and shall be filed with the Department.
The Code Appeals Board shall, within 60 days from the date of filing,
fix a date, time, and location to consider the appeal and to allow
the person to be heard if so desired. The appeal shall be heard pursuant
to and consistent with the practices and procedures established for
or by the Code Appeals Board. A prompt decision to affirm, modify,
or reverse the decision of the Code Official shall be issued by the
Code Appeals Board and duly recorded, with such decision being final.
111.3 Misrepresentation. It shall be unlawful for
any person who does not have an HVAC license issued by the Township
to engage in or represent himself as engaged in the business of HVAC
work within the Township.
111.4 Change in place of business. Immediate notice
shall be given by any licensee hereunder to the Township of any change
of place of business.
111.5 Insurance. No license shall be issued to
an HVAC contractor unless the applicant files a certificate of insurance
with the Department of Community Development at the time of license
application. The certificate of insurance shall contain a provision
that coverage afforded under the policy will not be canceled, materially
changed, or not renewed until at least 30 days' written notice
has been given to Radnor Township. The certificate of insurance must
evidence policies of insurance maintained at the expense of the applicant
for comprehensive liability (including products/completed), operations/broad
contractual, and property damage, with $500,000 of coverage for each
occurrence.
B.Â
Chapter 2, Definitions.
(1)Â
Section 202, General Definitions.
(a)Â
Add the definition of "Code Appeals Board" to read as follows:
CODE APPEALS BOARD. The Radnor Township Code Appeals Board created, organized, and operated in accordance with Chapter 15, Code Appeals Board, of the Code of the Township of Radnor, as amended.
(b)Â
Amend the definition of "Code Official" to read as follows:
CODE OFFICIAL. The Director of Community Development charged
with the administration and enforcement of this code, or a duly authorized
representative.
(c)Â
Add the definition of "Department" to read as follows:
DEPARTMENT. The Department of Community Development of Radnor
Township or any authorized agent or employee thereof.
(d)Â
Add the definition of "HVAC contractor" to read as follows:
HVAC CONTRACTOR. Any person who shall have qualified and registered
as an HVAC contactor or master plumber doing business as a heating
and air-conditioning contractor in accordance with the terms of this
chapter and under the rules and regulations of Radnor Township.
(e)Â
Add the definition of "Township" to read as follows:
TOWNSHIP. The Township of Radnor, Delaware County, Commonwealth
of Pennsylvania.