The following sections of the Fuel Gas Code are hereby amended as set forth in this Section 5-11-2. Subsequent section numbers used in this Chapter shall refer to like numbered sections of the Mechanical Code:
101.1 Delete Section 101.1 and replace as follows:
"101.1 Title. These regulations shall be known as the Hampshire Mechanical Code, and hereinafter referred to as this "code."
101.2 Delete Section 103.1 and replace as follows:
"103.1 General. The building official, or his or her authorized designee, shall be the code official in charge of administering this International Mechanical Code and shall be known as the Mechanical Code Official."
101.3 Delete Section 103.2 and replace as follows:
"103.2 Appointment. The code official shall be appointed by the chief appointing authority of the jurisdiction with the advice and consent of the village board. The code official may be removed or replaced at any time with the advice and consent of the village board."
106.5.2 Delete Section 106.5.2 and replace as follows:
"106.5.2 Fees. The fees for mechanical work shall be as stated in the Hampshire municipal code for building permit fees, as may be amended from time to time."
106.5.3 Delete Subsection 106.5.3 and replace as follows:
"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 90 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code.
3. No part of the plan review fee paid shall be refunded when the plan review has been completed and the application for permit is withdrawn.
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 fee payment."
108.4 Delete Section 108.4 and replace as follows:
"108.4 Violation penalties. Persons who shall violate a provision of this code or 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 subject to a fine of not less than seventy-five dollars ($75.00) nor more than seven hundred fifty dollars ($750.00). Each day a violation continues after due notice has been served shall be deemed a separate offense."
108.4.1 Add new subsection Court Costs and Legal Fees:
In the event noncompliance with this code necessitates litigation, any person who violates a provision of this code shall be liable for court costs and reasonable attorney's fees incurred by the village of Hampshire."
108.5 Delete Section 108.5 and replace as follows:
"108.5 Stop work orders. Last sentence to read: 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 the violation or unsafe condition, shall be subject to a fine of not less than seventy-five dollars ($75.00) nor more than seven hundred fifty dollars ($750.00). Each day unauthorized work continues after due notice has been served shall be deemed a separate offense."
109 Delete Section 109 and replace as follows:
"Section 109 Application for Appeal. A person shall have the right to appeal a decision of the code official to the village board of trustees. Therefore, for the purposes of this code, the board of appeals shall be construed to mean the village board of trustees. 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 application shall be in writing and filed with the village manager within 20 days after the decision of the code official."
109.2 Delete Section 109.2
109.5 Delete Section 109.5 and replace as follows:
"109.5 Postponed Hearing. When a quorum is not present to hear an appeal, the matter shall be continued to another date convenient to all parties" (Ord. 22-27, 10-6-2022)