§ 150.18  MECHANICAL CODE; AMENDMENTS.
   (A)   International Mechanical Code. The International Mechanical Code, 2018 edition, including Appendix A, published by the International Code Council, Inc., is hereby adopted as the Mechanical Code of the Village of Kirkland, DeKalb County, Illinois, for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of mechanical systems in the village, and providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions and terms of the International Mechanical Code on file in the office of the village, are hereby referred to, adopted and made a part hereof, as if fully set out in this subchapter, with the specific revisions otherwise noted in division (B) of this section.
   (B)   Amendments.  The following sections of the International Mechanical Code, 2006 edition, are hereby revised, amended or added in words and figures as follows:
      a.   Section 101.1  Title. These regulations shall be known as the Mechanical Code of the Village of Kirkland, DeKalb County, Illinois, and shall be cited as such and will be referred to hereinafter as “this code.”
      b.   Section 106.5.2  Fee schedule.  The fees for mechanical work shall be as stated in Appendix A of this chapter, as may be amended from time to time.
      c.   Section 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of the plan review fee paid shall be refunded when the plan review has been completed and the application for permit is withdrawn.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.
      d.   Section 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.
         Section 108.4.1  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.
      e.   Section 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.
         Section 108.5.1  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.
      f.   Section 109.1  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 filed on a form obtained from the code official within 20 days after the notice was served.
      g.   Section 109.2  Membership of board.  The board of appeals shall be the Village Board of Trustees.
      h.   Section 109.2.1  Qualifications.  Deleted in its entirety.
      i.   Section 109.2.2  Alternate members.  Deleted in its entirety.
      j.   Section 109.2.3  Chairman. Deleted in its entirety.
      k.   Section 109.2.5  Secretary.  Deleted in its entirety.
      l.   Section 109.2.6  Compensation for members.  Deleted in its entirety.
      m.   Section 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.
      n.   Section 109.6  Board decision.  The board shall modify, reverse, or uphold the decision of the code official by a concurring vote of the majority of members present at the meeting.
(Ord. 07-13, passed 9-4-2007; Ord. 2019-11, passed 10-7-2019)