Chapter 15.12
AMENDMENTS TO THE INTERNATIONAL MECHANICAL CODE (IMC)

Sections:

15.12.010    Amendment to IMC Section 103.

15.12.020    Amendment to IMC Section 108.

15.12.024    Amendment to IMC Section 106.3.3.

15.12.026    Amendment to IMC Section 106.4.3.

15.12.028    Amendment to IMC Section 106.4.4.

15.12.030    Amendment to IMC Section 109.1.

15.12.040    Amendment to IMC Section 109.2.

15.12.050    Amendment to IMC Section 109.3.

15.12.060    Amendment to IMC Section 109.4.

15.12.070    Amendment to IMC Section 109.5.

15.12.080    Amendment to IMC Section 109.6.

15.12.090    Amendment to IMC Section 109.7.

15.12.100    Amendment to IMC Section 202.

15.12.010 Amendment to IMC Section 103.

Section 103 of the IMC is amended to read as follows:

103.1 Creation of enforcement agency. The Division of Fire and Building Safety is hereby created in the Community Development Department for the purpose of enforcing this code and the official in charge thereof shall be known as the building official/fire marshal.

103.2 Appointment. The building official/fire marshal shall be appointed by the chief appointing authority of the City of Gig Harbor.

103.3 Deputies. In accordance with the prescribed procedures of the City of Gig Harbor and with the concurrence of the appointing authority, the building official/fire marshal shall have the authority to appoint an assistant building official/fire marshal, the related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the building official/fire marshal.

103.4 Liability. The building official/fire marshal, assistants and other officers and employees charged with the enforcement of this code, while acting for the jurisdiction in good faith and without malice in the discharge of duties required by this code or other pertinent law or ordinance, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act or omission in the discharge of official duties.

Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The building official/fire marshal or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code; and any officer of the department, acting in good faith and without malice, shall be free from liability for acts performed under any of the provisions of this code or by reason of any act or omission in the performance of official duties in connection therewith.

(Ord. 983 § 12, 2005).

15.12.020 Amendment to IMC Section 108.

Section 108 of the IMC is amended to read as follows:

108.1 Enforcement of violations of this code shall proceed as set forth in Chapter 15.24 GHMC.

108.2 Stop Work Orders. Stop work orders shall issue as set forth in Chapter 15.24 GHMC, Enforcement.

108.3 Unsafe mechanical systems. A mechanical system that is unsafe, constitutes a fire or health hazard, or is otherwise dangerous to human life, as regulated by this code, is hereby declared as an unsafe mechanical system. Use of a mechanical system regulated by this code constituting a hazard to health, safety or welfare by reason of inadequate maintenance, dilapidation, fire hazard, disaster, damage or abandonment is hereby declared an unsafe use. Such unsafe equipment and appliances are hereby declared to be a public nuisance and shall be abated by repair, rehabilitation, demolition or removal.

108.3.1 Authority to abate mechanical systems. Whenever the code official determines that any mechanical system, or portion thereof, regulated by this code has become hazardous to life, health, property, or has become unsanitary, the code official shall order in writing that such system either be removed or restored to a safe condition. A time limit for compliance shall be specified in the written notice, which shall be in a Notice of Violation, issued pursuant to Chapter 15.24 GHMC. A person shall not use or maintain a defective mechanical system after receiving such notice.

When such mechanical system is to be disconnected, written notice as prescribed in Chapter 15.24 GHMC shall be given. In cases of immediate danger to life or property, such disconnection shall be made immediately without such notice.

108.3.2 Authority to order disconnection of energy sources. The code official shall have the authority to order disconnection of energy sources supplied to a building, structure or mechanical system regulated by this code, when it is determined that the mechanical system or any portion thereof has become hazardous or unsafe. Written notice of such order to disconnect service and the causes therefor shall be given within 24 hours to the owner and occupant of the building, structure or premises, provided, however, that in cases of immediate danger to life or property, such disconnection shall be made immediately without such notice. Where energy sources are provided by a public utility, the code official shall immediately notify the serving utility in writing of the issuance of such order to disconnect.

108.3.3 Connection after order to disconnect. A person shall not make energy source connections to mechanical systems regulated by this code which have been disconnected or ordered to be disconnected by the code official, or the use of which has been ordered to be discontinued by the code official until the code official authorizes the reconnection and use of such mechanical systems.

When a mechanical system is maintained in violation of this code, and in violation of a notice issued pursuant to the provisions of this section, the code official shall institute appropriate action to prevent, restrain, correct or abate the violation.

(Ord. 1186 § 5(A), 2010; Ord. 983 § 12, 2005).

15.12.024 Amendment to IMC Section 106.3.3.

Section 106.3.3 is amended to read as follows:

Section 106.3.3 Time limitation on application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or the permit has been issued; except that the director is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.

Any permit application that has been approved by the director but for whatever reason has not been issued within a period of 180 days after approval shall be deemed to have expired. If an update in code editions in accordance with Chapter 51-52 WAC occurs after expiration, application for a new permit must be submitted with new construction documents demonstrating compliance with the appropriate code provisions as enumerated in 51-52 WAC and GHMC Title 15.

Any permit application that has been approved by the director but for whatever reason has not been issued prior to an update in code editions in accordance with Chapter 51-52 WAC shall expire upon the effective date of the code change. Application for a new permit must be submitted with new construction documents demonstrating compliance with the appropriate code provisions as enumerated in 51-52 WAC and GHMC Title 15.

(Ord. 1186 § 5(B), 2010).

15.12.026 Amendment to IMC Section 106.4.3.

Section 106.4.3 is amended to read as follows:

106.4.3 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. Before such work recommences, a new permit shall be first obtained and the fee, therefor, shall be one-half the amount required for a new permit for such work, provided no changes have been made in the original construction documents for such work and provided further that such suspension or abandonment has not exceeded one year.

The director is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing prior to the expiration of the permit and justifiable cause demonstrated.

(Ord. 1186 § 5(C), 2010).

15.12.028 Amendment to IMC Section 106.4.4.

Section 106.4.4 is amended to delete the reference to a permit extension fee in the last paragraph of the section. (Ord. 1186 § 5(D), 2010).

15.12.030 Amendment to IMC Section 109.1.

Section 109.1 of the IMC is amended to read as follows:

109.1 The Building Code Advisory Board shall hear and decide those appeals and interpretations described in Chapter 15.02 GHMC, under the procedures set forth therein.

(Ord. 983 § 12, 2005).

15.12.040 Amendment to IMC Section 109.2.

Section 109.2 of the IMC is hereby repealed. (Ord. 983 § 12, 2005).

15.12.050 Amendment to IMC Section 109.3.

Section 109.3 of the IMC is hereby repealed. (Ord. 983 § 12, 2005).

15.12.060 Amendment to IMC Section 109.4.

Section 109.4 of the IMC is hereby repealed. (Ord. 983 § 12, 2005).

15.12.070 Amendment to IMC Section 109.5.

Section 109.5 of the IMC is hereby repealed. (Ord. 983 § 12, 2005).

15.12.080 Amendment to IMC Section 109.6.

Section 109.6 of the IMC is hereby repealed. (Ord. 983 § 12, 2005).

15.12.090 Amendment to IMC Section 109.7.

Section 109.7 of the IMC is hereby repealed. (Ord. 983 § 12, 2005).

15.12.100 Amendment to IMC Section 202.

Section 202 of the IMC is amended to read as follows:

The following definitions and abbreviations are added to those found in Section 202, Chapter 2 of the International Mechanical Code:

ADMINISTRATIVE AUTHORITY is the city of Gig Harbor building official/fire marshal. This definition shall include the city of Gig Harbor building official/fire marshal’s duly authorized representative.

(Ord. 983 § 12, 2005).