§ 26-17-5. Amendments to the International Mechanical Code/2009.

The following amendments are hereby made to the International Mechanical Code/2009 as adopted by Section 26-17-1:

(a)

Insert the words "City of Concord" in place of "[name of jurisdiction]" in Section "M-101.1 Title."

(b)

Delete Section "103.1 General" in its entirety and insert in its place the following section:

103.1 Referenced Terminology: All references to 'the Department of Mechanical Inspection' shall mean the Department of Building Safety as defined in Section 103.1 of the Building Code of the City of Concord. All references to the 'Code Official' shall mean the Code Administrator.

(c)

Insert the "Mechanical Permit Fee Schedule" adopted under Section 26-17-3 of this article into Section "106.5.2 Fee Schedule."

(d)

Delete Section "106.5.3 Refunds" in its entirety and insert in its place the following:

106.6 Compliance with all codes.

106.6.1 Compliance with all City of Concord codes and ordinances. Mechanical permits are issued on the express condition that all work performed under the permit shall be performed in a manner that complies with all city ordinances. A violation of any city ordinance in the course of performing work under a permit shall be considered a violation of the Mechanical Code and subject to the enforcement provisions and penalties set forth in this section.

106.6.2: Each permit holder shall be responsible for the conduct of all persons and of all subcontractors under hire by the permit holder to ensure compliance with all requirements of this Code. Each person and each subcontractor shall also be individually responsible for compliance with those requirements of this Code for which that person or subcontractor has control.

(e)

Delete Sections "108.2 Notice of violation," "108.3 Prosecution of violation," "108.4 Violation penalties," "108.5 Stop work orders," and "108.6 Abatement of violation" in their entireties and insert in place thereof the following:

108.2 Violations: Whenever a violation of this Mechanical Code occurs or is alleged to occur, any person may file a written complaint. Such complaint, stating fully the cause and basis thereof, shall be filed with and recorded by the Code Administrator. Upon being informed of a possible violation, or upon personal initiative, the Code Administrator may make or cause to be made an investigation of the alleged violation. If the Code Administrator determines that there is a violation, the Code Administrator may issue an order to the person responsible for the violation as provided for in RSA 676:17-a, that the violator cease and desist or otherwise abate said violation, or may give notice as provided for in RSA 676:17-b, informing the person responsible that a violation exists and ordering that the violator abate said violation within a reasonable time determined by the Code Administrator. If after such notice and order such violation has not been abated within the time specified, the Code Administrator may institute injunction, abatement, or other appropriate action as provided for in RSA 676:15, to enjoin, abate, or remove said violation, or may issue a summons as provided for in RSA 676:17, or may issue a citation as provided for in RSA 676:17-b, or any combination of the three.

108.3 Penalties: Any person or corporation, whether as a principal, agent, occupant, employee, or otherwise who violates any provisions of this Mechanical Code shall pay a civil penalty for each not to exceed the limits as provided for in RSA 676:17, I(b).

108.4 Unlawful continuance: Any person who shall continue any work in or about he structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be guilty of a separate offense for failure to comply with the order, and shall be subject to the penalties and abatement of Sections 108.2 and 108.3.

108.5 Disregard of notice: Any person who has been issued an unsafe notice and who refuses or neglects to comply with the requirements of the order to abate the unsafe condition, shall be guilty of a separate offense for failure to comply with the order, and shall be subject to the penalties and abatement procedures of Sections 108.2 and 108.3.

108.6 Emergency measures: Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work.

(f)

Delete Sections "109.1 Application for appeal" through "Section 109.7 Court Review" in their entireties and insert in place thereof the following:

109.1 Means of appeal. Appeals from any decision of the Code Administrator made under the provisions of this Code shall be to the Board of Appeals established by Article 26-4, of the Building Code and shall be governed by the provisions of that Article and RSA 673, 674, and 677.

(Ord. No. 2057, § 1, 7-12-93; Ord. No. 2197, § I, 7-15-96; Ord. No. 2480, § III, 7-14-03; Ord. No. 2696, § IX, 3-10-08; Ord. No. 2820, § VII, 3-14-11)