A. Adopted: The Village of Wayne hereby amends and adopts a mechanical code (hereinafter referred to as the “mechanical code”) for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms as amended of the published international mechanical code, 2018 Edition, are hereby referred to, adopted and made a part thereof as if fully set out in this section, except for the additions, insertions, changes and deletions thereto as set forth in subsection B of this section. At least three (3) copies of the international mechanical code are on file with the village clerk and are available for public inspection at all times during regular business hours as provided by law.
B. Amendments: Additions, insertions, changes and deletions to sections of the international mechanical code are hereby revised as follows:
Subsection [A]101.1 (page 1, Title, second line).
Insert: The Village of Wayne.
Subsection [A]103.1 (page 2, Department of Mechanical Inspection, General).
Change: The building department shall be charged with the enforcement of the mechanical code, and the director of building and zoning shall be known as the code official.
Subsection [A]106.4.3 (page 4, Permit Expiration).
Delete: Entire subsection.
Insert: Permit expiration shall be governed by section 8-1-6 of the Wayne village code.
Subsection [A]106.4.4 (page 4, Permit Extensions).
Delete: Entire subsection.
Insert: Permit extensions shall be governed by section 8-1-6 of the Wayne village code.
Subsection [A]106.5.2 (page 5, Fee Schedule, third line).
Insert: The fee schedule shall be governed by section 8-1-6 of the Wayne village code.
Subsection [A]106.5.3 (page 5, Fee Refunds).
Delete: Entire subsection.
New Subsection [A]106.6 (page 5, Mechanical Contractor Requirements).
Add: All mechanical work requires a village permit subject to the requirements of the village permit regulations and schedule of fees and bonds in section 8-1-6 of the Wayne village code and shall be performed by a licensed mechanical contractor. A photocopy of the mechanical contractor's license and certificate of insurance must be submitted to the director of building and zoning prior to permit issuance. Any mechanical work, for which a permit is required, performed on Village of Wayne property or right-of-way requires that the Village of Wayne be listed as an additional insured on the certificate of insurance and that the mechanical contractor submit an executed permittee indemnity signature page with the permit application. Prior to the issuance of a mechanical permit, a bond in the minimum amount of ten thousand dollars ($10,000.00), except where work to be performed exceeds the minimum bond amount the bond shall be for the actual cost of work to be performed, shall be executed by a surety company authorized to transact business in the state of Illinois as surety on the bond with the applicant as principal on the bond, and the Village of Wayne as obligee, for its benefit, and at the discretion of the Village of Wayne, that of consumers dealing with the applicant, conditioned that the applicant shall faithfully perform the duties without damage to surrounding private or public properties and in all things comply with Village of Wayne codes and ordinances pertaining to the applied for permit. The bond shall remain until the issuance of final inspection approval and/or final certificate of occupancy.
Subsection [A]108.4 (page 7, Violation Penalties).
Delete: Entire subsection.
Subsection [A]108.5 (page 7, Stop Work Orders, Fine Amounts).
Insert: ... as provided in section 1-4-1 of the Wayne village code.
Section 109 (pages 7 and 8, entire appeals section).
Delete: Entire section.
Insert: Any person shall have the right to appeal a decision of the Director of Building and Zoning to the Zoning Board of Appeals. Means of appeal shall follow the requirements set forth in section 2-3-5 of the Village Code.
Subsection 301.10 (page 21, Electrical, third line).
Delete: NFPA 70.
Insert: Section 8-1-4 of the Wayne village code.
Subsection 301.11 (page 21, Plumbing Connections, fourth line).
Delete: International plumbing code.
Insert: Section 8-1-5 of the Wayne village code.
Subsection 506.1 (page 52, Commercial Kitchen Hood Ventilation System Ducts and Exhaust Equipment, add to end of first sentence third line).
Add: ...shall comply with the requirements of this section (add) except current National Fire Protection Association (NFPA) 96 standard for ventilation control and fire protection of commercial cooking operations regulations shall be applicable where this standard is more stringent than this code for all installations.
Subsection 506.3.2.1 Duct joint types (page 52, delete “butt joints” first line)
Delete: “butt joints” from first line.
Subsection 507.1 (page 56, Commercial Kitchen Hoods, end of first sentence second line).
Add: ...shall comply with the requirements of this section (add) except current National Fire Protection Association (NFPA) 96 standard for ventilation control and fire protection of commercial cooking operations regulations shall be applicable where this standard is more stringent than this code for all installations.
Subsection 508.1 (page 59, Commercial Kitchen Makeup Air, add to end of paragraph after end of twelfth line, new sentence).
Add: The National Fire Protection Association (NFPA) 96 standard for ventilation control and fire protection of commercial cooking operations regulations shall be applicable where this standard is more stringent than this code for all installations.
C. Violation; Penalty:
1. It shall be unlawful to design, construct, alter, move, enlarge, replace, repair, demolish, remove, use/maintain mechanical systems in any building or structure in the village of Wayne in violation of the terms and provisions of this section.
2. Any person, firm or corporation violating the terms and provisions of this section shall be liable for a penalty in the amount of one hundred percent (100%) of any unpaid fee and, in addition, shall be subject to a penalty of Seven Hundred Fifty dollars ($750.00) for each violation. Each day that a violation of this section occurs shall be deemed to be a complete and separate offense. In addition, the appropriate authorities of the village may take such other action as they deem proper to enforce the terms and provisions of this section, including, without limitation, an administrative adjudication pursuant to Section 1-4-5 of the Village Code, or action at law or in equity to compel compliance with its terms. Any person violating the terms or provisions of this section shall be subject, in addition to the foregoing penalties, to the payment of court costs and reasonable attorney fees and any such penalties, costs, fees and other expenses incurred by the Village shall constitute a lien against the subject real property and fixtures until the Village is fully reimbursed.
D. Effect of Regulations: This section shall not be construed to extend to or affect any construction activity for which a permit was issued or application for permit filed prior to the effective date hereof, except for fees not yet due or payable, unless the director of building and zoning determines that any provisions of this section or the regulations incorporated herein by reference should be applied for reasons of public health and safety. (Ord. 16-05, 6-7-2016; amd. Ord. 20-03, 4-21-2020)