As used in this article, the words and phrases herein defined shall have the following meanings unless the context otherwise requires:

(a)   Whenever the word municipality is used in the mechanical code, it shall be held to mean the City of Kechi, Kansas;

(b)   Whenever the term corporation counsel is used in the mechanical code, it shall be held to mean the city attorney of the City of Kechi;

(c)   Whenever the term mechanical official is used in the mechanical code, it shall be held to mean the mechanical inspector or his or her authorized designee.

(Code 1992)

There is hereby adopted and incorporated by reference for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of mechanical instructors, the International Mechanical Code, 2006 Addition, as appended by Sedgwick County through its Resolution No. 261-07, such Code being made a part of the Ordinances and Code of the City of Kechi as if the same had been set out in full herein, all as authorized and in the manner prescribed by K.S.A. 12-3009 through 12-3012 including any amendments thereto.  No fewer than three copies of the Uniform Mechanical Code shall be marked or stamped “Official Copy as Incorporated by the Code of the City of Kechi, Kansas”, and shall be filed with the City Clerk to be open to inspection and available to the public at all reasonable hours of business.  Any person violating any provision of such Code shall be punished as provided in Section 1-116 of this Code.

 (Code 1992; Ord. 99-416, Sec. 6; Ord. 1601-08, Sec. 1; Code 2009)

The following sections of this article are in addition to the provisions of the standard code incorporated by reference in section 4-1002.

(Code 1992)

(a)   This and other articles of the city relating generally to mechanical devices shall be administered and enforced by the mayor. The mayor shall act as chief mechanical official and may assume the responsibilities of or with the consent and approval of the governing body appoint a mechanical inspector and such other assistants as may be advisable for the issuance of mechanical permits and the inspection of mechanical work.

(b)   The mechanical official shall prepare such application, permit, inspection and record forms as may be required for the purposes of the article. The mechanical official may make and promulgate the necessary rules and regulations to obtain conformity with this article pertaining to the making of applications for mechanical permits, issuing of mechanical permits and inspecting of mechanicals and mechanical works.

(Code 1992)

The mayor may assume the responsibilities of or appoint some qualified officer or employee of the city to be and perform the duties of mechanical inspector as may be required, subject to the consent and approval of the governing body.

(Code 1992)

The mechanical inspector shall have the following duties:

(a)   To enforce all regulations relating to mechanical devices.

(b)   May permit, with the approval of the governing body, on the basis of duly authenticated reports from recognized sources, the use of new materials or modes of construction, not provided for in this article, and may, for the purpose of carrying out the intent of this article adopt an accepted standard of material or workmanlike practices of federal or state bureaus, national, technical organizations or fire underwriters;

(c)   To examine all mechanical devices in the process of erection, construction, alteration or relocation in the city for the purpose of determining whether the work is in compliance with the permit given and in compliance with the regulations of the city pertaining to such work, including zoning regulations; and;

(d)   To keep comprehensive records of applications, of permits or certificates issued, of inspections made, of reports rendered, and of notices or orders issued. All such records shall be open to public inspection during stated office hours, but shall not be removed from the office of the mechanical official without his or her written consent.

(Code 1992)

The mechanical inspector shall have the following powers:

(a)   To enter any structure or premises at any reasonable hour, whether complete or in the process of erection, to perform the duties contained in this chapter;

(b)   To adopt and enforce all such prudent emergency measures as he or she may deem necessary and expedient for the public safety under the laws of the city;

(c)   May cause any work done in violation of this chapter to be discontinued until he or she shall have satisfactory evidence that the work will be done in accordance with the mechanical regulations of the city, subject to the right of any builder or owner to appeal to the governing body.

(Code 1992)

The mechanical inspector, or his or her agent, upon proper identification, shall have authority to enter any structure or premises at any reasonable hour to perform his or her duties as set out in this chapter.

(Code 1992)

(a)   The governing body shall be the final determiner of the scope and meaning of all provisions of the mechanical code which may be unclear, ambiguous, or requiring interpretation.

(b)   The mechanical inspector shall have power to modify any of the provisions of the mechanical code upon application in writing by the owner or lessee or his or her authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code. In approving modifications, the mechanical inspector shall see that the spirit of the code is observed, public safety secured and substantial justice done. The particulars of a modification when granted or allowed and the decision of the inspector thereon shall be entered upon the records of the mechanical inspector and a signed copy shall be furnished to the applicant.

(Code 1992)

It shall be unlawful for any person to hereafter erect or cause to be erected within the city any mechanical device of any kind or enlarge or add to or relocate any mechanical device already erected or which may hereafter be erected or remodel any mechanical device within the city without a mechanical permit being first obtained therefore from the city clerk, after approval by the chief mechanical official or his or her duly authorized assistant. The application for such permit shall be made and the permit obtained before work is commenced upon any mechanical device or before the removal of any mechanical begins.

(Code 1992)

(a)   A mechanical permit shall be issued upon an application in writing to the office of city clerk on a form or forms provided for the purpose. This application shall, among other things, disclose the following:

(1)   The name of the owner of the lot or tract of ground;

(2)   The location of the mechanical device;

(3)   The mechanical work proposed;

(4)   The estimated cost of the work;

(5)   The date work will commence;

(6)   Expected date of completion;

(7)   Name and address of contractor or contractors doing the work;

(8)   Such other information as may be pertinent to the issuance of the required permit.

(b)   An application for a mechanical permit shall be signed by the owner or his or her duly authorized agent, or a mechanical contractor licensed by the city. If the application is made by the owner or his or her agent, it shall contain the name or names of the licensed contractor or contractors doing the work described, or a mechanical permit may be issued to the owner upon his or her application disclosing satisfactory evidence that the proposed work will be performed by the owner, himself or herself and not by a licensed contractor, and likewise subject to the final approval of the mechanical inspector for work performed.

(c)   Upon approval of the completed application and a determination that a permit should be issued, the chief mechanical official or his or her assistant shall issue a permit to the owner or contractor authorizing the mechanical work covered by the application.

(d)   Any permit issued under this section shall be valid and subsisting for a period of not more than six months from the date of issuance unless the permittee shall have commenced, within the period so limited, the mechanical work authorized by such permit. Mechanical work commenced for the purpose of this section shall mean the beginning of mechanical work other than the preparation of plans or the staking out of the mechanical location or the letting of a mechanical contract.

(Code 1992)

Whenever an application for a mechanical permit is made, the chief mechanical official may, if he or she finds it necessary to determine whether mechanical work described in the application will comply with the laws pertaining to such work, require that the applicant file a written description or drawing of the proposed mechanical device as may be prepared for the purpose. If such drawing or description is insufficient for the purposes of determining whether a permit should be issued, the mechanical official may require the applicant to file complete plans and specifications for such mechanical device, or any part thereof, as may be necessary for the inspector to determine compliance with this article. The filing of such plans and specifications and the approval thereof in connection with an application for a permit shall not in any way affect the authority of the city to deny or issue a permit, or to inspect any mechanical work for conformity with this article.

(Code 1992)

The fee for mechanical permits shall be as set forth in the City’s annual fee resolution. The cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. The fee herein shall be paid to the city clerk upon obtaining a mechanical permit and the same shall be credited to the general operating fund of the city.

(Code 2009)

A copy of the mechanical permit shall be kept on the premises for public inspection during the performance of the work and until the completion of the same. The mechanical inspector may require a certified copy of the approved plans to be kept on the premises at all times from the commencement of the work to the completion thereof.

(Code 1992)

Upon the completion of any work under a mechanical permit, the chief mechanical official, the mechanical inspector or his or her designee is authorized to issue a certificate of approval for the use of the mechanical device. The certificate shall show the number of inspections made and the orders and corrections required during the course of the work. A copy of such certificate shall be given the owner.

(Code 1992)

(a)   When any mechanical equipment is to be hidden from view by the permanent placement of parts of the building, the person, firm or corporation installing the equipment shall notify the building inspector and such equipment shall not be concealed until it has been inspected, approved or authorized by the mechanical inspector or until 24 hours, exclusive of Saturdays, Sundays and holidays, shall have elapsed from the time of such notification. On large installations, where the concealment of equipment proceeds continuously, the person, firm or corporation installing the mechanical equipment shall give the mechanical inspector due notice and inspections shall be made periodically during the progress of the work.

(b)   The mechanical inspector shall have the authority to require mechanical contractors to open such work which, in any manner, conceals a mechanical device that has been closed without his or her knowledge or permission, and in no case shall the inspector issue a certificate of approval until satisfied that the work is in accordance with the provisions of this article. The inspector shall also have the right to refuse to issue a certificate of approval on any mechanical device, that is concealed in such manner that it cannot be fully determined that it has been done in accordance with this article.

(Code 1992)

Upon the completion of any mechanical work covered by this article, it shall be the duty of the person doing such work to notify the mechanical inspector and request that it be inspected; after which such work shall be inspected promptly as hereinafter provided.

(Code 1992)

Inspection fees shall be in accordance with the Uniform Mechanical Code as modified herein. Subsequent inspections required shall be paid before any mechanical device will be approved or a certificate of approval is issued.

(Code 1992)

(a)   A mechanical contractor for purposes of this article shall be any person, firm, co-partnership, corporation, association, or any combination thereof, whether a resident or not of the city:

(1)   Who or which undertakes with or for another, for a fixed sum, price, fee or any other compensation to install, construct, alter, repair, add to, or move any mechanical device or performs any mechanical work in the city, for which an mechanical permit may now or hereafter be required by the laws of the city; or

(2)   Who or which advertises or represents himself, herself, or itself to the public to have the capacity or ability to undertake, or submit a bid or offer to install, construct, alter, repair, add to, remove, restore or replace any mechanical device or perform any mechanical work; or

(3)   Who or which installs, constructs, alters, adds to or removes any mechanical installation or performs any mechanical work either on his or her own or other property for purposes of sale or speculation.

(b)   A mechanical contractor as defined shall not mean or include:

(1)   Any owner or his or her authorized agents or employees making ordinary repairs to his, her or its own building or structure not involving mechanical devices and for which a permit is not required or on which a mechanical contractor, as defined, is not required, employed or engaged to perform; or

(2)   Any property owner personally performing any improvements, alterations or mechanical work within or upon his or her own residence and intended for his or her own personal use; provided, the owner shall satisfy the mechanical inspector as to his or her ability to perform such work, secure a permit, pay required fees, do work in accordance with this article, and apply for an inspection and receive approval. Personal mechanical work by an owner under this section shall be by himself, herself, for himself or herself on his or her own residence, without compensation and no person shall be employed to assist him or her in any way on such work except a mechanical contractor licensed by the city.

(Code 1992)

(a)   Each mechanical contractor shall before entering upon any mechanical work subject to regulation by city laws, apply to the city clerk for a mechanical contractor's license and receive the same as hereinafter provided and have in his or her possession a valid license authorizing him, her or it to engage in the trade or occupation of a mechanical contractor in the city.

(b)   No permit for any mechanical work shall be issued for any such work to be performed by a mechanical contractor, as defined, who has not first obtained a license upon making a proper application and payment of the license fee as required.

(c)   It shall be unlawful for any person, firm, company, association or corporation to enter into a contract or agreement with another so as to bring himself, herself, or itself under the definition of mechanical contractor herein, or to perform any work as a mechanical contractor or any work under a contract for any work involving the installation, construction, alteration or repair of a mechanical device without first having obtained a mechanical contractor's license issued by the city.

(Code 1992)

(a)   Application for a mechanical contractor's license shall be made upon a form to be supplied by the city which shall disclose the name of the applicant, his or her place of business in the city (and home office if a nonresident), the length of time engaged in mechanical work and places where work has been performed within the past two years. The application shall be signed by the mechanical contractor or his or her authorized agent. The applications shall be subject to approval by the chief building official and thereafter referred to the governing body at its next meeting for action thereon. Such license shall be issued by the city clerk, upon payment of the fees hereinafter provided after approval of the governing body. All applicants for a mechanical contractors license shall possess an equivalent license from the City of Wichita, Sedgwick County, Kansas, an equivalent certificate or license from the State of Kansas, or shall have passed the appropriate examinations given by Block and Associates Construction Examination Services.

(Code 1992; Ord. 332)

(a)   License fees for Mechanical Contractors shall be set forth in the City’s annual fee resolution.

(b)   Each such license shall set forth the kind of contract work in which the licensee may engage. The licensee shall display his or her license at any place where he or she may be engaged in contract work or produce the same on demand of any city officer. All licenses shall be renewable annually as in the case of an original license on or before the first day of January of the year for which issued.

(c)   It shall be unlawful for any person, firm or corporation to contract for any kind of work covered by this article without having a valid license issued by the city to perform such contracts.

(Code 2009)

(Code 2009)

In addition to obtaining a corporate surety bond as required by section 4-1023 of this article, a mechanical contractor must procure and maintain a liability insurance policy in the amount of $100,000 for the death or injury of any one person and $300,000 for the death or injury of any number of persons in any one accident and $50,000 for property damage in any one accident. Such policies of insurance shall be issued by some insurance company authorized to do business in the State of Kansas. A mechanical contractor may qualify as to the insurance requirements by filing a certificate with the city clerk executed by the resident agent of such company stating that the required policy of insurance has been issued by such company for the purpose required by this article and that such insurer will not cancel the policy except upon giving 30 days notice in writing to the city; and that the certificate shall be filed for an annual period beginning January 1 and ending December 31 of such year.

(Code 1992)

(a)   The license of any mechanical contractor may be suspended temporarily, for a period of not to exceed 30 days at any one time, by the chief mechanical official upon his or her own motion or upon a complaint of the city mechanical inspector. Notice shall be given in writing to such mechanical contractor giving reasonable notice of a time of hearing of the complaint or the matter alleged against such mechanical contractor involving any one or more of the following:

(1)   Misrepresentation of a material fact by applicant in obtaining a license;

(2)   Use of license to obtain a mechanical permit for another;

(3)   Failure or neglect to observe conditions of permit authorizing encumbering of streets or sidewalks for safety of public;

(4)   Performance of any mechanical work without a permit where one is required by law; or

(5)   Willful disregard of any violation of the mechanical laws, or failure to comply with any lawful order of the city mechanical inspector.

(b)   Any licensee may within 15 days appeal in writing to the governing body from any order of the chief mechanical official suspending his or her license for its final decision thereon. The governing body may upon such hearing terminate such suspension within not more than 30 days thereafter, or may revoke such license. If any license shall be revoked, the mechanical contractor shall not be eligible for a new license during a period of six months thereafter. No fee shall be refunded in event of the suspension or revocation of any contractor's license.

(c)   It shall be unlawful to engage in the occupation or trade of mechanical contractor during the time any license of such mechanical contractor has been suspended or revoked.

(Code 1992)

Nothing herein contained shall prohibit any property owner from personally performing any mechanical work within and upon his or her own residence and intended for his or her personal use and permanent occupancy; provided, the owner shall satisfy the mechanical inspector as to his or her ability to perform such work, secure a permit, pay required fees, do work in accordance with this article, and apply for an inspection and receive a certificate of approval. Personal mechanical work performed by an owner under this section shall be by himself, herself, for himself or herself on his or her own residence, without compensation and no parson shall be employed to assist him or her in any way on such work except a mechanical contractor licensed by the city.

(Code 1992)

This article shall not be construed to relieve from any liability or lessen the liability of any person performing any activity connected herewith, nor shall the city be held as assuming any liability by reason of any inspection authorized herein, by reason of any certificate of inspection issued by it or by reason of any permit or license granted herein.

(Code 1992)

If any section of the Uniform Mechanical Code or of this article shall be held unconstitutional or otherwise invalid by any court of competent jurisdiction, then such section shall be considered separate and apart from the remaining sections, the section to be completely severable from the remaining provisions which shall continue in full force and effect.

(Code 1992)