The International Mechanical Code, 2006 Edition, including all appendix chapters is hereby incorporated by reference herein and made part of this Chapter and shall be Article 4 of the aforementioned Chapter of the Code of the City of Andover, Kansas, save and except for any portion as are hereinafter or may hereafter be deleted or amended, as authorized and in the manner prescribed by the provisions of K.S.A. 12-3010.

(Ord. 1389, Sec. 1)

(a)   Section 102.8 Referenced codes and standards is hereby deleted in its entirety and a new Section 102.8 is hereby adopted below.

(b)   Section 103 is hereby deleted in its entirety.

(c)   Section 301.2 Energy Utilization is hereby deleted in its entirety.

(Ord. 1389, Sec. 2)

The International Mechanical Code, 2006, incorporated by reference in Section 4-401 herein shall be amended as follows:

(a)   Section 101.1 Title.  These regulations shall be known as the Mechanical Code of the City of Andover, hereinafter referred to as the “mechanical code,” the “I.M.C.,” or “this code.”

(b)   Section 102 is amended to add a new Section 102.8 and shall read as follows:

       102.8 Referenced codes and standards.

(1)   Whenever used in the Mechanical Code, the term “ICC Electrical Code” shall be construed to mean the current City of Andover Electrical Code.

(2)   Whenever used in the Mechanical Code, the term “International Fuel Gas Code” shall be construed to mean the current City of Andover Plumbing or Fuel Gas Code.

(3)   Whenever used in the Mechanical Code, the term “International Plumbing Code” shall be construed to mean the current City of Andover Plumbing Code.

(4)   Whenever used in the Mechanical Code, the term “International Existing Building Code” shall be construed to mean the current City of Andover Building or Existing Building Codes currently adopted by the City of Andover.

(5)   Whenever used in the Mechanical Code, the term “International Existing Residential Building Code” shall be construed to mean the current

(6)   Whenever used in the Mechanical Code, the term “International Fire Code” shall be construed to mean the current City of Andover Fire Code.

(c)   Section 104.5 Right of Entry.  The Building Official shall have authority to enter upon premises at reasonable hours for the purpose of making such inspections.  Entry shall be made so as to cause the least possible inconvenience to any person in possession of the structure.  If entry is denied, the enforcing officer may seek an order for this purpose from a court of competent jurisdiction

(d)   Section 106.5.2 Fee schedule.  The fees for mechanical work shall be indicated in Article 1 of this Chapter of the Code of the City of Andover.

(e)   Section 106.5.3 is amended as follows:

(1)   Not more than 90% of the permit fee paid when no work has been done under a permit issued in accordance with this code.

(2)   Not more than 90% of the plan review fees paid when an application for a permit for which a review fee was paid and is withdrawn or canceled before any plan review effort has been expended.  Plans re-submitted shall be subject to the full plan review fee.

(f)   Section 108 relating to violations is amended as follows:

(1)   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 work in violation of the approved construction documents or directive of the Building Official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $500 dollars or by imprisonment not exceeding (6) six months, or both such fine and imprisonment.  Each day that a violation continues after due notice has been served shall be deemed a separate offense.

(2)   Section 108.5 Stop work orders.  Any person who shall continue any work after having been served with a stop work order, except such work as that person was directed to perform to remove a violation of unsafe condition, shall be liable for a fine of not less than $25 dollars and not more than $100 dollars.  This fine shall be collected prior to re-inspection.

(g)   Section 109 Means of Appeal shall be amended to read as follows:

Section 109 Means of Appeal.  In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this code, a Board of Appeals is hereby created in Chapter 4, Article 1 of the Code of the City of Andover.

(h)   Section 305.5 shall be amended to read as follows:

Section 305.5 Protection against physical damage.  Protection against physical damage in concealed locations where piping, other than cast-iron or galvanized steel, is installed through holes or notches in studs, joists, rafters, plates or similar members less than 1.5 inches from the nearest edge of the member, the pipe shall be protected by shield plates.  Protective shield plates shall be a minimum of 0.062-inch thick steel, and shall cover the area where the member is notched or bored.

(i)    Section 501.2 Exhaust discharge shall be amended by striking the words “attic or.”

(Ord. 1389, Sec. 2)

All prior ordinances of the City of Andover, Kansas in conflict with the forgoing are hereby repealed to the extent that such conflicts exist.

(Ord. 1389, Sec. 3)

If any section, sub-section, sentence, clause or phrase of this ordinance or of the Code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance and Code.

(Ord. 1389, Sec. 4)