[Amended 9-24-2007 by Ord. No. 72-2007; 12-28-2009 by Ord. No. 78-2009; 3-22-2010 by Ord. No. 11-2010; 5-10-2010 by Ord. No. 18-2010; 8-23-2010 by Ord. No. 56-2010; 12-27-2010 by Ord. No. 106-2010]
The following sections of the International Mechanical Code, 2009 edition, a/k/a Mechanical Code, for the City of Reading is hereby amended, revised, deleted, etc., as indicated:
A. Section 101.1 Title, is amended to read as follows: This code shall be known as the "Mechanical Code of the City of Reading, Pennsylvania," hereinafter referred to as "this code."
B. Section 103.1, General, is amended to read as follows: The Administrative Authority shall be the City of Reading Mechanical Inspector and the City of Reading Mechanical Board of Standards Examiners duly appointed by the jurisdiction, and have authority to administer and enforce the provisions of this code as adopted or amended. The City of Reading Mechanical Inspector shall be the Code Official of this code.
C. Section 103.2, Appointment, is amended to include as follows:
103.2.1 Qualifications.
(a) In order to be eligible for appointment for Mechanical Inspector, the candidate shall have a minimum of 10 years' experience in the heating/cooling field, with some installation background and shall have the approval of the Mechanical Board.
(b) The candidate shall hold at least a mechanical contractors' license or master plumber license.
(c) The Mechanical Inspector shall not engage in any activities contrary to the provision of this code, nor shall engage in any activities creating a conflict of interest.
D. Section 103.5, Mechanical Board, is amended to include as follows:
103.5 Mechanical Board. There is hereby established a Mechanical Board of Standards and Examiners whose members shall be appointed by the Mayor and approved by City Council. The Mechanical Inspector shall serve as liaison officer to the Mechanical Board and attend all meetings.
(a) Membership. The Mechanical Board shall consist of nine members, of whom all shall be selected from any of the following disciplines: the HVAC service industry, the air conditioning and refrigeration industry, the HVAC engineering profession, the electrical trade, the plumbing trade or an instructor or administrator of an institution of vocational training. No more than two board members may be selected from any one of these professions. In the event of a failure to appoint a successor after the expiration of any member's term, such member shall continue to serve until a successor(s) is duly appointed.
(b) Term of office. The appointed members of the Board shall serve for a term of six years in such manner of original appointment that the term of two members shall expire December 31 of year one, the term of two members shall expire December 31 of year two, the term of one member shall expire December 31 of year three, the term of one member shall expire December 31 of year four, the term of one member shall expire December 31 of year five, the term of one member shall expire December 31 of year six. Members not attending meetings for one year shall be deemed inactive and their membership shall be terminated.
(c) Meetings of the Board. The Mechanical Board shall hold its first meeting no later than 30 days after the effective date of this Part and thereafter the Board shall meet at such intervals as may be necessary for the performance of its duties; provided; however, that normal meeting dates shall be the first Tuesday of December, March, June, and September of each calendar year.
(d) Function of the Board. The Mechanical Board of Standards and Examiners shall make all reasonable rules and regulations pertaining to the International Mechanical Code to the City of Reading Mechanical Inspector for Council's adoption. They shall make reasonable rules and regulations governing its procedures, and similarly establish standards and procedures for the qualifications, examination and licensing of mechanical contractors and mechanical journeyman and recommend qualified applicants for issuance of license to the Mechanical Inspector. In addition, said Board shall convene at the instance of the Board Chairman for the purpose of holding hearings concerning the suspension and/or revocation of licenses herein after provided. There shall be a quorum of five members in attendance in order for the Mechanical Board to conduct business.
(e) Removal of members. Any member may be removed for misconduct or neglect of duty or for other just cause by a majority vote of Council taken after the member has received 15 days' advance notice of the intent to take such vote. Failure of a member to attend three consecutive regular meetings of the Board will constitute grounds for immediate removal from the Board by City Council. Failure of a member to attend at least 50% of the regular meetings of the Board in a calendar year will constitute grounds for immediate removal from the Board by City Council. The Chairperson of the Board shall inform the City Clerk in writing when a member has failed to comply with this attendance policy. Following such notification, City Council may vote to remove the member and seek applicants to fill the vacant position.
E. Section 104, Duties and powers of the Mechanical Inspector.
(1) 104.4.1 Rescheduling of inspections, is amended to include as follows:10
104.4.1 Rescheduling of inspections. If the owner or representative of the owner cannot be available at the proposed time, said owner or representative shall provide no less than twenty- four-hour written notice to the Codes Service Division Office. Upon failure to give such written notice or upon failure to gain entry, an administrative fee as provided in Chapter 212, Fees, will be assessed the owner or representative of the owner for ailing to supply written notice or to appear. For each rescheduling beyond the second rescheduling, an administrative fee as provided in Chapter 212, Fees, shall be assessed in all cases.
(2) Section 104.5, Right of entry, is amended to read as follows:
104.5 Right of entry. If any owner, occupant or other person in charge of a structure subject to the provision of this code refuses, impedes, inhibits, interferes with, restricts or obstructs entry and free access to every part of the structure or premises where inspection authorized by this code is sought, the administrative authority shall promptly apply for a search or inspection warrant to a court of competent jurisdiction and shall supply all necessary affidavits and testimony to indicate that there is reasonable or probable cause to conduct an inspection. For the purposes of this section, a reasonable or probable cause to gain access for an inspection shall include without being limited to the following:
1. That the inspection of the area is part of a planned routine inspection being conducted pursuant to a systematic or concentrated code enforcement program in that portion of the City; or
2. That the Code Official, after investigation or upon information received, has knowledge, information or a reasonable belief that a violation of this code or other codes and ordinances of the City exist; or
3. That such entry is for the purpose of inspecting a previous notice of violation; or
4. That the Code Official has received a complaint concerning a violation on or within the premises; or
5. That such entry is necessary to determine if the building, structure, premises, dwelling, or dwelling units meet code standards.
(3) Section 104.7, Notice of inspection, is amended to read as follows:
104.7, Notice of inspection. When entry by the Code Official to any building structure or premises has not been possible, a notice of inspection shall be issued to the property owner or representative of the owner.
F. Section 106, Permits.
(1) Section 106.1.1, Homeowner clause, is amended to include as follows:
106.1.1 Homeowner clause. Notwithstanding anything contrary to the provisions of this code, a permit may be issued to the qualified owner occupant of a single-family dwelling in the City of Reading, used exclusively for the living purposes, provided that the person is the bona fide owner and that said owner will personally perform all labor in connection therewith said permit, provided there is no modification or alteration to any existing venting system, chimney, connector and/or flues for gas furnaces, oil burners, wood-burning stoves or incinerators.
All work done under this section shall be subject to inspection and other provisions of this code.
A permit shall be secured from the Codes Service Division and approved by the Mechanical Inspector before commencing work and an inspection shall be performed before concealment.
(2) Section 106.5.2, Fees, is amended to include as follows: [Amended 9-12-2011 by Ord. No. 42-201111]
106.5.2 Fees. All tradespersons shall pay permit fees based on labor and materials, as provided in Chapter 212, Fees, prior to commencing work or performing services in or upon all premises within the City based upon aggregate cost of labor and materials.
Administrative fee.
In addition to the aforesaid fee, all tradepersons shall be required to pay an administrative fee as provided in Chapter 212, Fees, for each permit applied for and received. This fee is in addition to the above-listed permit fee.
As-built. Should it be determined that the job costs greatly differentiate from the as built costs to save monies on the fee for the permit at the discretion of the Codes Services Division - Building/Trades, said persons reserve the right to undertake any and all appropriate and applicable methods including, but not limited to, commencement of legal action to obtain the difference of the fee submitted for a permit and estimated job costs and the as-built costs.
Consultation fee. In addition to the fee for a permit as set forth herein, a fee per hour as provided in Chapter 212, Fees, shall be charged for consultation either in person or via telephone with the any Building/Trades Inspector for consultation prior to submission of plans for review and subsequent to approval of plans and issuance of permit beyond one hour total time calculated by combining time of all Building/Trades Inspector consulted on single project per above parameters.
Removal of placard. The Building Code Official, his designee or Code Official shall remove the stop-work order placard whenever the defect or defects upon which the stop- work order and placarding action were based have been eliminated and with the payment of a fee as provided in Chapter 212, Fees. Any person who conceals, covers, hides, defaces or removes a stop-work order placard without the approval of the Building Code Official shall be subject to the penalties provided by this code.
(3) Section 106.5.3, Fee refunds, is amended as follows:
Section 106.5.3(2) is amended by deleting the words "specify percentage" and the brackets surrounding the phrase and by inserting in place thereof the language "80% of the permit fee, excluding the $2 administrative fee."
Section 106.5.3(3) is amended by deleting the words "specify percentage" and the brackets surrounding the phrase and by inserting in place thereof the language "0% (no refund shall be issued for plan review)."
G. Section 108, Violations.
(1) Section 108.4, Violation; penalties, is amended to read as follows:
108.4 Violation; penalties. Any person who shall violate any provision of this code shall, upon conviction thereof, be sentenced to pay a fine of not less than $500 and not exceeding $1,000 for the first two offenses and not more than $5,000 for the third and successive offenses plus costs and restitution, or in default of payment to imprisonment, for a term not to exceed 30 days. One fine per month per violation shall be assessed, except that continual and uncorrected violations that pose a threat to the public and violate the same subsection of an ordinance for the same property can be assessed at one citation per five calendar days.
(2) Section 108.4.1, Administrative fee, is amended to read as follows:12
108.4.1 Administrative fee. Any property owners who has more than two violations of this code in any twelve-month period shall be required to pay an administrative fee as provided in Chapter 212, Fees, in amounts provided for the third violation, the fourth violation and the fifth and successive violations.
(3) Section 108.5. Refer to Section 108.4.
(4) Section 108.7.1, Authority to condemn mechanical systems, is amended to read as follows:
108.7.1 Authority to condemn mechanical systems. Any order or notice issued pursuant to the provisions stated in this code may be served personally upon the person, partnership or corporation to whom or to which it is addressed, or may be served by mailing the same in a sealed envelope with postage prepaid, directed, in the case of the holder of any license, to the address furnished by him to the department of his business address and, in the case of other person, partnership or corporation, to the premises where the defects recited in such order are alleged to exist and by the posting in a conspicuous place on such premises of a copy of such notice or order. The service as above described by mailing and posting shall be the equivalent of personal service.
If the notice of violation is not complied with within the time therein specified or within a reasonable time determined by the Code Official or his nominee, the Code Official or nominee shall cause to be instituted an appropriate proceeding at law or in equity to restrain, correct, or abate such alleged violation as provided herein or else where according to law or to require the removal or termination of the use of any mechanical system in violation of the provisions of this code or of the order or direction given or made pursuant thereto.
H. Section 109, Means of appeal.
(1) Section 109.1, Application for appeal, is amended to read as follows:13
109.1. Application for appeal. Any person aggrieved by the decision of the Mechanical Inspector may appeal in writing within 20 days to the Mechanical Board for a review of said decision. A fee in the amount provided in Chapter 212, Fees, shall be payable for each appeal and is due at the time of submission of application for appeal. The Board Chairman shall afford the person a hearing within 20 days and shall give written notice of the time and place of said hearing.
I. Add entire Section 110 as set forth herein:14
SECTION 110. LICENSES AND EXAMINATIONS.
110.1 General license information.
(a) All persons engaged in mechanical, heating and cooling contractor and journeyman work as defined and covered by this Part are required to be licensed and shall operate within the limitations imposed by their respective licenses. It shall be unlawful without license for any person, firm or corporation to, or cause to, install, construct, erect, alter, repair, improve, convert, move, use, or maintain any mechanical system within the City.
(b) License fees for mechanical contractors and mechanical journeymen shall be as provided in Chapter 212, Fees.
If not renewed until after January 31 following the expired year, a surcharge as provided in Chapter 212, Fees, will be applied.
(c) All licenses covered under this code shall be issued annually and shall expire on December 31.
(d) All licenses may be renewed upon timely application. If the holder of a license fails to renew said license within a five-year period, the full fee must be paid for the years that the license was not renewed before a license shall be issued. Any holders renewing the license after the fifth consecutive year of nonrenewal shall be required to pass an examination administered by the Mechanical Board.
(e) All license and examination fees must be paid to the City of Reading, Pennsylvania, prior to the issuance of said license or examination.
(f) Application for an initial license of whatever class shall be made in writing and shall furnish such information as the Mechanical Board may require.
(g) Applicants for an initial license of whatever class shall pass with a grade of 70% an examination administered by the Mechanical Board.
(h) The Mechanical Inspector or his assign shall serve as chief proctor for conducting tests and examinations for all classes of licenses herein described.
110.2 Qualification for obtaining a license.
A. Heating contractor license. All applicants for a mechanical contractor license shall:
(a) Hold a valid mechanical journeyman license.
(b) Shall have been employed as a mechanical journeyman by a registered mechanical contractor for at least two years.
B. Installer license. All applicants for a mechanical journeyman license shall be employed by a registered mechanical contractor and registered with the Pennsylvania Bureau of Apprenticeship Training, Department of Labor. He shall have completed at least four years of approved apprenticeship training, been instructed in subjects related to the trade not less than 216 hours per year during the four-year apprenticeship and have been approved by the local apprenticeship committee according to National Apprenticeship Standards, or while employed by a registered mechanical contractor and registered with and apprenticeship training program comparable to the foregoing program, he shall have completed at least four years of approved apprenticeship training in such program, or he shall have served an apprenticeship of not less than eight years under the supervision of a registered mechanical contractor.
110.3 Reciprocal license. A reciprocal license may be issued if the applicant holds an equivalent license from a first, second, or third class city of the United States, issued by an equivalent board of examiners, whose qualifications and standards are equal to that of the City of Reading, Pennsylvania, and shall have paid to the prescribed fee pursuant to a written application.
110.4 Retired license.
(a) All licensees, upon retirement from business, shall surrender said license to the Codes Service Division of the City of Reading, Pennsylvania. Upon written request to the Mechanical Board, a license covered under this code may be fully reinstated within a period of five years of retirement without reexamination.
(b) If the holder of a retired license wishes to reactivate a retired licensed within a five- year period, the full fee must be paid for the years that the license was retired. All requests for reactivation must be made in writing to the Mechanical Board.
(c) All persons reactivating a retired license after the fifth year of retirement shall be required to pass an examination administered by the Mechanical Board.
110.5 Conditions and provisions for maintaining a license and obtaining a permit.
(a) Applicant shall secure a license within 30 days of examination result notification.
(b) It is prohibited for any licensee to allow the use of said license by any other person or to obtain a permit for work to be performed by an unlicensed person.
(c) All persons licensed under this code shall give immediate notice of any change in address or place of business.
(d) Prior to the issuance of a mechanical contractor permit, the applicant shall submit to the Codes Service Division, City of Reading, a certificate of insurance establishing that the mechanical contractor is currently insured by a reputable insurance company acceptable to the Codes Service Division, City of Reading, covering said mechanical contractor for property damages in the amount of not less than $50,000 for any one claim, and not less than $100,000 for multiple claims arising from the same undertaking, as well as public liability insurance in the amount of not less than $100,000 from any one claim and not less than $300,000 for more than one claim arising from the same undertaking. The Pennsylvania League of Cities and Municipalities requirements go into effect on August 31, 1993. Act 44 requires the submission to the municipality of "proof of workers' compensation insurance" or an affidavit that insurance is not required before issuing a permit. Said certificate shall be for continuous coverage unless cancelled by said insurance company at which time, the Codes Service Division, City of Reading, shall be notified in writing by said insurance company.
(e) All vehicles used for mechanical work in the City shall have lettered or imprinted with letters and numbers no less than two inches high on the driver's door the mechanical license number issued by this City and preceded by the letters "MC."
(f) Application for permits shall be made by a person holding a current contractors license issued by the Code Service Division of the City of Reading. Each shop must a have a contractor assigned to apply for permits from Codes Service Division for the City of Reading. There can be only one contractor in any one shop to pull permits. All shops shall give immediate notice of any change in person holding contractor licensed authorized to apply for permits for that shop. Every contractor shall be permitted to apply for/pull permits from the Codes Services Division for only one shop. A contractor shall not be permitted to apply for/pull permits for more than one shop at any given time.
110.6 Suspension and revocation of license.
1. The Mechanical Board of Examiners and Standards may suspend or revoke any license issued in conformity with this code in the event said license was partially or wholly procured by or through nondisclosure, misstatement or misrepresentation, or repeated violations of this code or if a previously imposed penalty shall not have met with full compliance. "Repeated violations" is hereby defined as a minimum of three separate offenses under this code within a calendar year for which the licensee or offender has either pleaded guilty or has been found guilty by a Magisterial District Judge or other court of competent jurisdiction.
2. The Mechanical Board of Examiners, prior to invoking a suspension or revocation of a license, shall first cause to be served upon said licensee by a personal service or certified mail, a written notice of suspension or revocation of license, as the case may be, setting forth in specific terms and language the nature of the repeated violations, the times thereof and places of occurrence. Said written notice shall also set forth a place, date and time where the licensee may appear at a hearing before the Board, with counsel if desired, to hear sworn testimony as to the repeated violations the licensee is alleged to have committed and for which his license is subject to suspension or revocation, as the case may be.
3. Licensee or his counsel shall be permitted to examine any witness giving testimony against him as well as being given the privilege of offering testimony or other proof or exhibits as a defense or rebuttal to allegations. The hearing before the Board shall not require recordation, shall be informal in nature, and shall not occur less than 30 days nor more than 90 days from the date of service of the written notice upon the licensee. The decision of the Board shall be rendered in writing not more than 30 days from the conclusion of the hearing and shall be served upon licensee in the same manner provided herein for service of the written notice of hearing. In the event licensee or counsel fail to appear at the place, date and time fixed for a hearing, the Board shall nevertheless convene for the purpose of hearing evidence and/or testimony in order to arrive at its determination pursuant to the within provisions. Notice of the Board's decision shall be served upon the licensee as hereinabove set forth just as if he and/or his counsel had appeared at the hearing.
J. Chapter 3, General regulations.
(1) Section 304, Installation, is amended to read as follows:
304.1 General. All heating equipment appurtenances and appliances installed under the provisions of this code shall be approved. "Approved" means acceptable to the administrative authority having jurisdiction as to design, installation, or intended use as required by these standards. Devices listed for the intended specific purpose and fuel by a nationally recognized testing agency may be considered as meeting this requirement of approval. All installations of fuel-burning equipment shall be made in accordance with the provisions of this code, and replacement, adjustment, and lubrication.
K. Chapter 9, Decorative Gas-Fired Appliances for Installation in Vented Fireplaces.
(1) Section 903.1, General, is amended as follows:
903.1 General.
1. All solid-fuel-burning appliances shall be connected to a chimney. All chimneys shall be equipped with a rain cap and approved spark arrestor.
2. Said appliances shall not be connected into the same chimney with gas or liquid fuel boilers or furnaces.
3. Said appliances shall only be installed in owner-occupied dwellings, and shall not be installed in bedrooms, bathrooms, or rooms used for sleeping purposes.
4. All solid-fuel-burning stoves or fireplaces shall be used only during heating seasons, i.e., October 1 through May 1.
L. Chapter 13, Fuel Oil Piping and Storage.
(1) Section 1301, General, is amended as follows:
1301.5 Tanks out of service. All inside fuel oil tanks out of service must be disposed of in a safe manner. Tanks out of service and waiting for removal must be safeguarded, fill and vent piping shall be removed from outside of building to tank, and all tank openings plugged. Tank must be tagged "Out of Service" with company name and address and date of removal. For underground tanks, see NFPA 30, Flammable and Combustible Liquids Code, 2-4.4.
1305.6 and 1305.7 Fill and vent pipes. Where tanks are filled by use of pump through tight connection, a vent pipe shall not be smaller in size than its fill size, and/or follow tank manufacturer's installation instruction for pipe size. The vent and fill pipes shall terminate at a point outside the building no less than two feet vertically or horizontally from any window or building opening, excluding basement windows.
(a) Pitch of fill and vent pipes shall not have less than 1/4 inch per foot to tank.
(b) Fill pipes shall have a minimum nominal pipe diameter of two inches.
(c) Vent pipes shall have a minimum pipe diameter of 1 1/4 inch for 275 gallon tank.
10. Editor's Note: Amended during codification (see Ch. 1, General Provisions, Part 2).
11. Editor's Note: Amended during codification (see Ch. 1, General Provisions, Part 2).
12. Editor's Note: Amended during codification (see Ch. 1, General Provisions, Part 2).
13. Editor's Note: Amended during codification (see Ch. 1, General Provisions, Part 2).
14. Editor's Note: Amended during codification (see Ch. 1, General Provisions, Part 2).