There is hereby adopted and incorporated by reference the International Mechanical Code, 2006 Edition, as published by the International Code Council, such code being made as a part of the ordinances and code of the city as if the same had been set out in full herein, and made part of Chapter 4 and shall be Article 9 of the Code of the City of Benton, Kansas 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 International Mechanical Code, 2006 Edition, shall be marked or stamped “Official Copy as Incorporated by the Code of the City of Benton,” 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.
(Ord. 2015-04)
The mechanical inspector shall have the following powers:
(a) To enter any building or 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.
(Ord. 2015-04)
(a) Whenever necessary to make an inspection of any building, structure or premises to discharge his or her official duties, the mechanical inspector is authorized to enter such building, structure or premises at all reasonable times to inspect the same and to exercise any power or authority or to perform any duty imposed upon the public officer under this code.
(b) The authority granted to the mechanical inspector by subsection (a) of this section is subject to the following:
(1) If the building, structure or premises is occupied, the inspector shall first present proper credentials, explain the purpose for which admittance is desired and demand entry.
(2) If such property is unoccupied, the inspector shall first make a reasonable effort to locate the owner or other person having charge or control of the property, present proper credentials, explain the purpose for which admittance is desired and demand entry.
(3) If the inspector is refused admission or cannot locate the owner or occupant, the public officer shall refrain from entering until authorized to do so by proper judicial authority.
(Ord. 2015-04)
(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 building inspector and a signed copy shall be furnished to the applicant.
(Ord. 2015-04)
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.
(Ord. 2015-04)