Effective July 1, 2022, there is herewith adopted, by reference, The International Mechanical Code, 2021 Edition, as published by the International Code Council, adopted as a public record by Resolution No. R2022-03 of the Mayor and Council of the Town of Cave Creek by reference thereto, as fully and completely as if the terms thereof were fully set forth herein, in total, except as modified or changed as follows:
Chapter 1, “Scope and Administration”, is hereby amended as follows:
(A) 101.1 Title. Shall be amended to read as follows:
These regulations shall be known as the Mechanical Code of the Town of Cave Creek, hereinafter referred to as “this code”. When there is a conflict between these provisions and those of another technical code, these provisions shall apply. Where there is an administrative provision contained in another technical code and not in this code, then the administrative provision of the technical code shall apply.
(B) 103.1 Creation of agency. Is hereby amended as follows:
The building and fire safety department is hereby created and the official in charge thereof shall be known as the chief building official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code.
(C) 106.3.3 Time limitation of application. Shall be deleted in its entirety and replaced with the following:
An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the code official shall have the authority to grant one extension of time for an additional period not exceeding 180 days. The extension shall be requested in writing and justifiable cause demonstrated.
(D) 106.4.1 Approved construction documents. Shall be amended as follows:
When the code official issues the permit where construction documents are required, the construction documents shall be endorsed in writing and stamped “REVIEWED FOR CODE COMPLIANCE”. Such approved construction documents shall not be changed, modified or altered without authorization from the code official. Work shall be done in accordance with the approved construction documents.
The code official shall have the authority to issue a permit for the construction of part of a mechanical system before the construction documents for the entire system have been submitted or approved, provided that adequate information and detailed statements have been filed complying with all pertinent requirements of this code. The holder of such permit shall proceed at his or her own risk without assurance that the permit for the entire mechanical system will be granted.
(E) 106.4.3 Expiration. Shall be deleted in its entirety and replaced with the following:
Every permit issued by the code official under the provisions of this code shall expire by limitation and become null and void, if the work authorized by such permit is not commenced within 180 days from the date of such permit as evidenced by a passed inspection, or if the work authorized by such permit is suspended or abandoned as evidenced by not passing an inspection at any time after the work is commenced for a period of 180 days. Before such work recommences, a new permit shall be first obtained and the fee therefor shall be one-half the amount required for a new permit for such work, provided that changes have not been made, and will not be made in the original construction documents for such work, and provided further that such suspension or abandonment has not exceeded 1 year.
(F) 109.4 Work commencing before permit issuance. Shall be deleted in its entirety and replaced with the following:
Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee that shall be
in addition to the required permit fees. This fee shall be equal to the amount of the permit and plan review fee required by the approved fees. The payment of such fee shall not exempt an applicant from compliance with all other provisions of either this code or other requirements, nor from the penalty prescribed by law.
(G) 106.5.3 Fee refunds. Shall be deleted in its entirety and replaced with the following:
1. The building official shall be permitted to authorize refunding of a fee paid hereunder that was erroneously paid or collected.
2. The building official shall be permitted to authorize refunding of not more than 80% of the permit fee paid when no work has been done under a permit issued in accordance with this code.
3. The building official shall be permitted to authorize refunding of not more than 80% of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any examination time has been expended.
(H) 115.4 Violation penalties. Shall be deleted in its entirety and replaced with the following:
Persons who shall violate a provision of this code, or who shall fail to comply with any of the requirements thereof, or who shall erect, install, alter or repair mechanical work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty as established in Title XV, Section 151.99, of the town code. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
(Ord. O2011-13, passed 11-21-11; Am. Ord. O2018-08, passed 11-19-18; Am. Ord. O2022-01, passed 3-21-22)