Town of Carrollton, MO International Mechanical Code

Editor's Note: Section 6 of this ordinance provided an effective date of 1-1-2018.

[Ord. No. 2017-1238 § 2, 8-21-2017]

The code adopted by this Article is hereby amended by substituting the following sections in lieu of those sections with corresponding numbers in the Code, or, where there is no corresponding section in the code, the following sections shall be enacted as additions to the code:

Section 101.1 is amended to read as follows:

101.1 Title. These regulations shall be known as the "Mechanical Code of the Town of Carrollton, Missouri," hereinafter referred to as "this code."

Section 101.6 is amended to read as follows:

101.6 Unlawful. It shall be unlawful for any person to engage in the installation, alteration or repair of heating, ventilation, air-conditioning and refrigeration components or systems in or on any building, structure, or premises within the corporate limits of the Town of Carrollton, Missouri, unless issued a certificate of competency by the Town, or some other municipality or county within the State of Missouri, except as provided elsewhere in this code.

SECTION 103 CODE DEPARTMENT.

Section 103.1 is amended to read as follows:

103.1 Code Official. The administration and enforcement of this code shall be the duty of the Code Enforcement Officer, who is designated the code official for purposes of this code. The code official is hereby authorized to take such action as may be reasonably necessary to enforce the provisions of this code. Such persons may be appointed and authorized as assistants or representatives of the code official as may be necessary to carry out the provisions of this code.

Section 103.2 is amended to read as follows:

103.2 Restriction of employees. An employee connected with the Codes Department shall not be engaged in or directly or indirectly connected with the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building, or the preparation of plans or of specifications therefor, unless the employee is the owner of the building; nor shall such employee engage in any work which conflicts with the employee's official duties or with the interest of the Department.

Section 103.3 is amended to read as follows:

103.3 Liability. Any officer or employee charged with the enforcement of this code, while acting on behalf of the Town, shall not thereby render such individual liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of any act performed in the discharge of official duties. Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the Town until the final termination of the proceedings. The officer or employee shall not be liable for costs in any action, suit or proceeding that is instituted pursuant to the provisions of this code; and any officer or employee acting within the scope of employment and in good faith and without malice shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith. Nothing contained herein shall be deemed a waiver of the immunities and protection afforded to the Town or officers and employees pursuant to State and Federal law.

Delete 103.4 in its entirety.

Section 106.1 is amended to read as follows:

106.1 When required. An owner, 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 to cause such work to be done, shall first make application as required by Section 101.9 to the code official and obtain the required permit for the work.

Exception: Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day of the Codes Department.

Section 106.5 is amended as follows:

106.5.2 Fee schedule. The fees for all mechanical work subject to this code shall be as indicated by separate ordinance of the Town.
106.5.3 Fee refunds. The code official shall authorize the refunding of fees as follows:
	1.	The full amount of any fee paid hereunder which was erroneously paid or collected.
	2.	Not more than seventy-five percent (75%) of the permit fee paid when no work has been done under a permit issued in accordance with this code. The code official shall not authorize the refunding of any fee paid, except upon written application filed by the original permittee not later than one hundred eighty (180) days after the date of fee payment.
	3.	Delete in its entirety.

Section 108.4 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 shall be guilty of an ordinance violation and upon conviction thereof shall be punished in accordance with the provision of this adopting ordinance. Each day that a violation continues shall be deemed a separate offense. The Town is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did the act which was prohibited or failed to do an act which the defendant was legally required to do.

Section 108.5 is amended to read as follows:

108.5 Stop-work orders. Upon notice from the code official that mechanical work is being done contrary to the provisions of this code or in a dangerous or unsafe manner, such work 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 doing the work. 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 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 liable to a fine of not less than one hundred dollars ($100.00) or more than five hundred dollars ($500.00).

Section 109.1 is amended to read as follows:

109.1 Appeals. The owner of a building or structure or any person directly affected by a decision of the code official may appeal to the Board of Adjustment from a decision of the official. The procedure for appeal shall be governed by Section 113 of the Building Code of Carrollton, Missouri.

Delete Section. 109.2 Members of board.

10.

In Section 304.11 Guards, delete exception.

11.

In Section 504.8.2 Duct installation, delete from the end of the last sentence the following words: "that protrude more than 1/8 inch ((3.2 mm) into the inside of the duct."

[Ord. No. 2017-1238 § 3, 8-21-2017]

The punishment of a violation of this Article shall be as follows:

The maximum fine combined with the amount of court costs that can be imposed for the violation of any ordinance violation shall be two hundred dollars ($200.00) for the first violation, two hundred seventy-five dollars ($275.00) for the second violation, three hundred fifty dollars ($350.00) for the third violation, and four hundred fifty dollars ($450.00) for the fourth and any subsequent municipal ordinance violation.

Ordinance violations as defined below shall not be punishable by imprisonment, unless the violation:

Endangered the health or welfare of others; or

Involved eluding or giving false information to a Law Enforcement Officer.

A person convicted of an ordinance violation shall not be placed in confinement for failure to pay a fine unless such non-payment violates the terms of the person's probation or unless the due process procedures mandated by Missouri Supreme Court Rule 37.65 or its successor rule are strictly followed by the court.

Court costs that apply shall be assessed against such person unless the court finds that the defendant is indigent based on standards set forth in determining such by the presiding judge of the circuit. Such standards shall reflect model rules and requirements to be developed by the Missouri Supreme Court.

No court costs shall be assessed if the defendant is found to be indigent under Subsection (A)(4) or the case is dismissed.