Town of Indian Head, MD Mechanical Code

The International Mechanical Code 2018, as adopted by § 170-13, is modified as set forth below:

In the second line of Section 101.1 on page 1, in the space labeled "[NAME OF JURISDICTION]," insert "the Town of Indian Head."

Section 102.8 on page 2 is revised to read as follows:

102.8 Referenced Codes and Standards. The codes and standards referenced in this code and listed in Chapter 15 shall be considered part of the requirements of this code to the prescribed extent of each such reference, except to the extent that any of such standards have been expressly modified in the Code of the Town of Indian Head. Where differences occur between the provisions of this code and the referenced standards, the provisions of this code shall apply.

Section 102.8.1 on page 2 is revised to read as follows:

102.8.1 Conflicting Provisions. In any situation where a provision of this code conflicts with the provision of any other law, ordinance, code or regulation, the provision which establishes the higher standard for the promotion and protection of the public health, safety and welfare shall prevail, regardless which may have been enacted first.

Section 103 on page 2 is deleted in its entirety and Sections 103.1 and 103.1.1 are substituted to read as follows:

103.1 Liability. The Building Official, member of the Board of Appeals or employee charged with the enforcement of this code, while acting for the Town in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered civilly or criminally liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties.

103.1.1 Legal Defense. Any suit or criminal complaint instituted against an 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 legal representatives of the Town.

Intentionally omitted.

In the third line of Section 104.2 on page 2, delete "issue" and substitute "authorize the issuance of."

In the last line of Section 106.4 on page 4, immediately following "to the applicant" insert "by the Town."

In the second line of the first paragraph of Section 106.4.1 on page 4, delete "issues" and substitute "authorizes the issuance of."

In the first line of the second paragraph of Section 106.4.1 on page 4, delete "issue" and substitute "authorize the issuance of."

In the first and second lines of Section 104.4.3 on page 4, delete "by the Code Official."

Section 106.5.2 on page 5 is revised to read as follows:

106.5.2 Fee Schedule. The permit fees for all mechanical work shall be as indicated on a fee schedule adopted by ordinance of the Town Council from time to time.

Section 106.5.3 on page 5 is revised to read as follows:

106.5.3 Fee Refunds. The Code Official shall authorize the refunding of the full amount of any fee that was erroneously paid or collected. The Code Official 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 fee payment.

Section 108.3 on page 7 is deleted in its entirety, and new Section 108.3 is substituted in lieu thereof, to read as follows:

108.3 Prosecution. In addition to the penalties provided for in Section 108.4, in case of failure to comply with a notice of violation within the time specified in the notice, or in case of any other unlawful acts under this code, the Code Official, with the approval of the Town Manager of the Town, may institute in the name of the Town an appropriate civil action or proceeding against the person responsible for the violation for the purpose of ordering that person:
1.	To restrain, correct or remove the violation or refrain from further execution of work;
2.	To restrain or correct the erection, installation, maintenance, repair or alteration of such structure;
3.	To require the removal of work in violation; or
4.	To prevent, or to require the termination or removal of, the occupancy of the structure that is not in compliance with the provisions of this code or any order or direction made pursuant thereto.

Section 108.4 on page 7 is revised to read as follows:

108.4 Violations and Penalties.
1.	Knowing and intentional violations of this code or of any order or directive of the Code Official, or the erection, installation, alteration or repair of mechanical work in violation of approved construction documents or directive of the Code Official, or of a permit or certificate issued under the provisions of this code are declared to be misdemeanors. Any person who knowingly and willfully commits any of these acts shall, upon conviction, be subject to a penalty as set forth in Chapter 1, Article II, and particularly § 1-5, of the Code of the Town of Indian Head (as amended). Each day that one of these acts continues is a separate offense.
2.	Except as provided in Paragraph 1 above, violations of this code or of an order or directive of the Code Official issued pursuant to this code, or the erection, installation, alteration or repair of mechanical work in violation of approved construction documents or directive of the Code Official, or of a permit or certificate issued under the provisions of this code, are declared to be municipal infractions and shall be subject to the penalties and procedures as provided in Chapter 1, Article II, and particularly § 1-6, of the Code of the Town of Indian Head (as amended). The fine for each violation shall be $400 for each initial violation and $400 for each day thereafter that the violation continues. Each day that one of these acts continues is a separate offense.

In the last sentence of Section 108.5 on page 7, delete "shall be liable to a fine of not less than [amount] dollars or more than [amount] dollars" and substitute "shall be subject to the penalties as provided in Section 108.4 of this code."

Sections 109.2 through 109.7, inclusive, on page 7 are deleted, and new Section 109.2 is substituted to read as follows:

109.2 Board of Appeals. The Board of Appeals referred to in Section 109.1 is the same Board of Appeals provided for in Chapter 19, Article II, of the Code of the Town of Indian Head. All appeals filed pursuant to Section 109.1 shall be governed by the provisions of Chapter 19, Article II, and by any rules of procedure adopted by the Board of Appeals pursuant to Chapter 19, Article II.

The definition of "Code Official" as contained in Section 202 on page 10 is revised to read as follows:

Code Official. The Code Enforcement Officer of the Town, or such other person as the Town's Town Manager designates.

Delete all references to the "International Fire Code" and substitute the "State Fire Code of Maryland."