[Added 10-23-2012 by Ord. No. O-12-16;[1] amended 6-23-2015 by Ord. No. O-15-16; 9-24-2019 by Ord. No. O-19-19]
[1]
Editor's Note: This ordinance also provided for the repeal
of former Art. VI, Mechanical Standards, as amended.
A certain code known as the "International Mechanical Code,"
2018 Edition, including Appendix A, and the whole thereof, of which
a copy is on file with the office of the Clerk of the City of Hagerstown,
be and the same is hereby adopted and incorporated as fully as if
set out at length herein.
A.
The following sections of the International Mechanical Code, 2018
Edition, are amended as follows:
(1)
Section 101.1, Title, is amended to read as follows:
101.1 Title. This Code shall be known as the "Mechanical
Code of the City of Hagerstown," hereinafter referred to as the "City
Mechanical Code" or "this code."
(2)
Section 101.2 Scope, Exception, is hereby deleted in its entirety.
(3)
Section 102.2, Existing installations, is amended to read as follows:
102.2 Existing installations. The legal use and
occupancy of any structure existing on the date of adoption of this
code for which approval has been received may be continued without
change, except as may be specifically covered in this code, the Plumbing
Code of the City of Hagerstown, the Property Maintenance Code of the
City of Hagerstown, or as may be deemed necessary by the Code Official
for the general safety and welfare of the occupants and the public.
(4)
Section 102.8, Referenced codes and standards, is amended to read
as follows:
102.8 Referenced codes and standards. The codes
and standards referenced in this code shall be those that are listed
in Chapter 15, and such codes and standards shall be considered as
a part of the requirements of this code to the prescribed extent of
each reference and as further regulated in 102.8.1 through 102.8.14.
Exception: Where enforcement of a code provision
would violate the conditions of the accredited conformity assessment
body listing of the equipment or appliance, the conditions of the
listing and the manufacturer's installation instructions shall apply.
102.8.1 Residential building. Any reference to the International Residential Code (IRC) shall mean the Building Code of the City of Hagerstown as adopted by the Mayor and City Council. The provisions of Chapter 64, Article I, of the Code of the City of Hagerstown shall apply.
102.8.2 Building. Any reference to the International Building Code (IBC) shall mean the Building Code of the City of Hagerstown as adopted by the Mayor and City Council. The provisions of Chapter 64, Article I, of the Code of the City of Hagerstown shall apply.
102.8.3 Electrical. Any reference to the NFPA 70 or the National Electrical Code (NEC) shall mean the Electrical Code of the City of Hagerstown as adopted by the Mayor and City Council. The provisions of Chapter 64, Article IV, of the Code of the City of Hagerstown shall apply to all electrical installations and modifications.
102.8.4 Existing building. Any reference to the
International Existing Building Code (IEBC) shall mean the Maryland
Building Rehabilitation Code (COMAR 05.16), as may be amended or restated
from time to time.
102.8.5 Mechanical. Any reference to the International Mechanical Code (IMC) shall mean the Mechanical Code of the City of Hagerstown as adopted by the Mayor and City Council. The provisions of Chapter 64, Article VI, of the Code of the City of Hagerstown shall apply to all installations and modifications involving heating, air conditioning and ventilation.
102.8.6 Fire prevention. Any reference to the International
Fire Code (IFC) shall mean the Maryland State Fire Prevention Code
(COMAR 29.06.01), as may be amended or restated from time to time.
102.8.7 Gas. Any reference to the International Fuel Gas Code (IFGC) shall mean the Plumbing Code of the City of Hagerstown as adopted by the Mayor and City Council. The provisions of Chapter 64, Article V, of the Code of the City of Hagerstown shall apply to all installations and modifications involving fuel gas.
102.8.8 Energy. Any reference to the International
Energy Conservation Code (IECC) shall mean the International Energy
Conservation Code, as adopted in the Maryland Building Performance
Standards (COMAR 05.02.07), as may be amended from time to time.
102.8.9 Property maintenance. Any reference to the International Property Maintenance Code (IPMC) shall mean the Property Maintenance Code of the City of Hagerstown as adopted by the Mayor and City Council. The provisions of Chapter 64, Article III, of the City Code of the City of Hagerstown shall apply.
102.8.10 Plumbing. Any reference to the International Plumbing Code (IPC) shall mean the Plumbing Code of the City of Hagerstown as adopted by the Mayor and City Council. The provisions of Chapter 64, Article V, of the Code of the City of Hagerstown shall apply to all installations and modifications involving plumbing.
102.8.11 Accessibility. All sections of this code
relating to applicable requirements for accessibility and usability
of buildings and facilities by individuals with disabilities shall
refer to the Maryland Accessibility Code (COMAR 05.02.02), as may
be amended or restated from time to time.
102.8.12 Swimming pools and spas. Any reference to the International Swimming Pool and Spa Code (ISPSC) shall mean the Building Code of the City of Hagerstown as adopted by the Mayor and City Council. The provisions of Chapter 64, Article I, of the Code of the City of Hagerstown shall apply.
102.8.13 Conflicts. Where conflicts occur between
provisions of this code and the referenced standards, the provisions
of this code shall apply.
102.8.14 Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or standard
includes subject matter that is within the scope of this code, the
provisions of this code, as applicable, shall take precedence over
the provisions in the referenced code or standard.
(5)
Section 103.1, General, is amended to read as follows:
103.1 General. This code shall be administered
by the Planning and Code Administration Department, hereinafter referred
to as the "Department." The executive official in charge thereof or
his designee(s) shall be known as the "Code Official." Any reference
to the "Department of Mechanical Inspection" shall mean the Department.
(6)
Section 106.1, Where required, is amended to read as follows:
106.1 Where required. Any owner, owner's authorized
agent or contractor who desires to erect, install, enlarge, alter,
repair, remove, convert, or replace a mechanical system, the installation
of which is regulated by this code, or cause such work to be performed,
shall first make application to the Department and obtain the required
permit for the work.
Exception: Where equipment and appliance replacements
or repairs must be performed in an emergency situation, the permit
application shall be submitted within the next working business day
of the Department.
(7)
Sections 106.1.1 and 106.1.2 are hereby deleted in their entirety.
(8)
Section 106.3, Application for permit, is amended to read as follows:
106.3 Application for permit. Each application
for a permit, with the required fee, shall be filed with the Department
on a form furnished for that purpose and shall contain a general description
of the proposed work and its location. The application must include
the name of the property owner and must be signed by a duly licensed
HVAC contractor licensed by the State of Maryland, or the owner of
the property. The permit application shall indicate the proposed occupancy
of all parts of the building and of that portion of the site or lot,
if any, not covered by the building or structure and shall contain
such other information required by the Code Official.
(9)
Section 106.4.3, Expiration, is amended to read as follows:
Section 106.4.3 Expiration. Every permit issued
by the Code Official under the provisions of this code shall expire
and become null and void if the work authorized by such permit is
not commenced within 180 days from the date of such permit, or if
the work authorized by such permit is suspended or abandoned for a
period of 180 days at any time after the work is commenced. Work shall
be considered abandoned if no valid request for inspection is received
by the Department for a period of 180 days. Before such work can be
recommenced, the permit must be reactivated by submitting an application
for same and paying a fee as established by Department policy, provided
that no changes have been made or will be made in the original construction
documents for such work, and further that such suspension or abandonment
has not exceeded one year. Every such permit shall expire one year
after issuance, unless an extension is granted in accordance with
Section 106.4.4.
(10)
Section 106.4.4, Extensions, is amended to read as follows:
106.4.4 Extensions. Any permittee holding an unexpired
permit shall have the right to apply for an extension of the time
within which the permittee will commence work under that permit when
work is unable to be commenced within the time required by this section
for good and satisfactory reasons. Unless otherwise approved by the
Chief Code Official, the Department shall extend the time for action
by the permittee for a period not exceeding 180 days if there is reasonable
cause, in accordance with Department policy. The fee for an extension
shall be as established by Department policy.
(11)
Section 106.4.8 is hereby deleted in its entirety.
(12)
Section 106.5.2, Fee schedule, is amended to read as follows:
106.5.2 Fee schedule. Fees for permits shall be
paid as established in the fee schedule.
(13)
Section 106.5.3, Fee refunds, is
amended to read as follows:
106.5.3 Fee refunds. The Department shall authorize
the refunding of fees as follows:
1.
The full amount of any fee paid hereunder which was erroneously paid
or collected.
2.
For a permit in which no associated work has been done, the refund
shall consist of the permit fee less the application fee and any technology
fee.
3.
For a permit in which associated work has commenced, no refund shall
be applicable.
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The Department shall not authorize the refunding of any fee
paid, except upon written application filed by the original permittee
not later than 180 days after the date of the payment.
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(14)
Section 106.5.4 is added as follows:
106.5.4 Reinspection fees. In the event that the
premises are not ready for a requested inspection or the premises
are not safely accessible, the Code Official may impose a reinspection
fee for each additional visit for the same inspection. The fee for
a reinspection shall be as established in the fee schedule.
(15)
Section 107.2, Required inspections
and testing, is amended to add the ceiling close-in inspection requirement
as follows:
107.2 Required inspections and testing. The Code
Official, upon notification from the permit holder or the permit holder's
agent, shall make the following inspections and such other inspections
as necessary, and shall either release that portion of the construction
or shall notify the permit holder or the permit holder's agent of
any violations that must be corrected. The holder of the permit shall
be responsible for the scheduling of such inspections.
a.
Underground inspection shall be made after trenches or ditches are
excavated and bedded, piping or ducts installed, and before backfill
is put in place. Where excavated soil contains rocks, broken concrete,
frozen chunks and other rubble that would damage or break the piping
or ducts or cause corrosive action to same, clean backfill shall be
on the job site.
b.
Rough-in inspection shall be made after the roof, framing, fire blocking
and bracing are in place and all ducting and other components to be
concealed are complete, and prior to the installation of wall or ceiling
membranes.
c.
Ceiling close-in inspection shall be made after all ducting and other
components to be concealed are complete, prior to the installation
of suspended ceiling systems or finishes.
d.
Final inspection shall be made upon completion of the mechanical
system.
Exception: Ground-source heat pump loop systems
tested in accordance with Section 1210.10 shall be permitted to be
backfilled prior to inspection.
The requirements of this section shall not be considered to
prohibit the operation of any heating equipment or appliances installed
to replace existing heating equipment or appliances serving an occupied
portion of a structure, provided that a request for inspection of
such heating equipment or appliance has been filed with the Department
not more than 48 hours after such replacement work is complete, and
before any portion of such equipment or appliances is concealed by
any permanent portion of a structure.
(All remaining subsections shall remain as written.)
(16)
Section 108.4, Violation penalties, is amended to read as follows:
108.4 Violation penalties. Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, construct, alter or repair mechanical equipment or systems in violation of an approved plan or directive of the Code Official or of a permit or certificate issued under the provisions of this code, unless such action is specifically identified as a misdemeanor, shall be deemed to have committed a municipal infraction and shall be subject to the regulations as set forth in Chapter 1, General Provisions, Article III, Municipal Infractions, of the City Code. The fine for committing a municipal infraction under this code shall be up to $500 for each violation, subject to the municipality's authority to double the fine pursuant to the Maryland Annotated Code, Local Government Article, §§ 6-106(a)(2) and 6-107. Each day that a violation continues shall be deemed a separate offense.
Actions or violations specifically identified as a misdemeanor
shall be punishable by a fine of not more than $500 or by imprisonment
not exceeding 90 days, or by both such fine and imprisonment. Each
day that a violation continues shall be deemed a separate offense.
(17)
Section 108.5, Stop-work orders, is amended to read as follows:
108.5 Stop-work orders. Upon notice from the Code
Official, work on any mechanical system that is being done contrary
to the provisions of this code or in a dangerous or unsafe manner
shall immediately cease. Such notice shall be in writing and shall
be given to the owner of the property, or to the owner's agent, or
to the person performing the work, or posted at the property. The
notice shall state the conditions under which work is authorized to
resume. Where an emergency exists, the Code Official shall not be
required to give a written notice prior to stopping the work. Any
person who shall continue any work in or about the structure 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 liable to a fine of $500.
(18)
Section 108.8 is added as follows:
108.8 Withholding of permits. Whenever the Code
Official shall find that any owner or contractor is in violation of
the provisions of this code or of the rules and regulations of any
other department or agency of the City of Hagerstown, in connection
with the erection, maintenance or repair of buildings, structures,
lands or equipment thereon or therein, he/she may refuse to grant
any future permits to such until the violations have been corrected.
(19)
Section 109.1, Application for appeal, is amended to read as
follows:
109.1 Application for appeal. Any person directly
affected by a decision of the Code Official or a notice or order issued
under this code shall have the right to appeal to the Board of Appeals,
provided that a written application for appeal is filed within 20
days after the day the decision, notice or order was served. 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 the
requirements of this code are adequately satisfied by other means.
(20)
Section 109.2, Membership of Board, is amended to read as follows:
109.2 Membership of Board. Any reference to a Board of Appeals in this code shall be construed to mean the City of Hagerstown Board of Code Appeals as established by the Code of the City of Hagerstown, Chapter 10, Article XIV. This Board shall administer the appeal process in accordance with the Code of the City of Hagerstown, Chapter 10, Article XIV.
(21)
Sections 109.2.1 through 109.7 are hereby deleted in their entirety.
(22)
Section 301.14, Repair, is amended to read as follows:
301.14 Repair. Defective material or parts shall
be replaced or repaired in such a manner so as to preserve the original
approval or listing. Repairs of a damaged heat exchanger shall not
be permitted without specific approval of the Code Official.
(23)
Section 304.13 is added as follows:
304.13 Safety controls. An approved safety switch
must be provided for every heating appliance utilizing fuel gas or
fuel oil. The switch must be readily accessible, within reach, properly
labeled, and installed in a location remote from the heating appliance
nearest the point of entrance to the space being served.
(24)
Section 306.1, Access, is amended to add the following exception:
Exception: Where an appliance or piece of equipment
is located above a suspended ceiling and a ladder is the only means
to access the appliance or equipment, a platform is not required for
service.
(25)
Section 501.3, Exhaust
discharge, is amended to read as follows:
501.3 Exhaust discharge. The air removed by every
mechanical exhaust system shall be discharged outdoors at a point
where it will not cause a public nuisance and not less than the distances
specified in Section 501.3.1. The air shall be discharged to a location
from which it cannot again be readily drawn in by a ventilating system.
Air shall not be exhausted into an attic, crawl space, or be directed
onto walkways.
Exception:
(26)
Section 504.8.2, Duct installation, is amended to read as follows:
504.8.2 Duct installation. Exhaust ducts shall
be supported at four-foot (1,219 mm) intervals and secured in place.
The insert end of the duct shall extend into the adjoining duct or
fitting in the direction of airflow. Ducts shall not be joined with
screws or similar fasteners that protrude into the inside of the duct.
Where dryer exhaust ducts are enclosed in wall or ceiling cavities,
such cavities shall allow the installation of the duct without deformation.
(27)
Section 504.8.4.1, Specified length, is amended to read as follows:
504.8.4.1 Specified length. The maximum length
of the exhaust duct shall be 25 feet (7,620 mm) from the connection
to the transition duct from the dryer to the outlet terminal. Where
fittings are used, the maximum length of the exhaust duct shall be
reduced in accordance with Table 504.8.4.1.
(28)
Section 505.1, Domestic systems, is amended to read as follows:
505.1 Domestic systems. Newly installed domestic
ranges and other open cooking appliances shall be provided with hoods.
Hoods for new kitchens shall discharge exhaust air to the outdoors
through ducts constructed of galvanized steel, aluminum or copper.
Such ducts shall have smooth inner walls and shall be air-tight and
equipped with a backdraft damper.
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Exception 1: Ducts for domestic kitchen cooking
appliances equipped with downdraft exhaust systems shall be permitted
to be constructed of Schedule 40 PVC pipe, provided that the installation
complies with all of the following:
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1.
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The duct shall be installed under a concrete slab poured on
grade.
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2.
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The underfloor trench in which the duct is installed shall be
completely backfilled with sand or gravel.
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3.
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The PVC duct shall extend not greater than one inch (25 mm)
above the indoor concrete floor surface.
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4.
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The PVC duct shall extend not greater than one inch (25 mm)
above grade outside of the building.
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5.
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The PVC ducts shall be solvent cemented.
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Exception 2: Re-circulating hoods are acceptable
if:
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1.
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The cooking appliance is installed in an existing building;
and
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2.
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The Code Official deems the installation of a continuous duct
to the outside as unreasonable.
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For the purpose of this section, a kitchen shall not
be considered as "new" if the space or room had been previously used
as a kitchen.
(29)
Section 506.3.7.1, Grease duct
reservoirs, Item No. 5, is amended to read as follows:
5.
Have a bottom that is sloped to a point for drainage.
(30)
Section 1305.8 is added as follows:
1305.8 Materials. The minimum size of fill piping
shall be 1.5 inches (38 mm) inside diameter nominal pipe or the diameter
specified by the manufacturer's installation instructions. The minimum
size of vent piping shall be 1.25 inches (32 mm) inside diameter nominal
pipe or the diameter specified by the manufacturer's installation
instructions.
The International Mechanical Code, 2018 Edition, including Appendix A, along with the amendments included in § 64-26 shall be known as the "Mechanical Code of the City of Hagerstown."
