ADOPTS WITH AMENDMENTS:

International Mechanical Code 2009 (IMC 2009)

Heads up: There are no amended sections in this chapter.

Chapter 1 Administration

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Section 101 Title and Scope

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101.1 Title

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The provisions of the following chapters and sections shall constitute and be known and be cited as the Arkansas Mechanical Code, hereinafter known as "this code."

101.2 Purpose

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This purpose of this chapter is to provide for the administration and enforcement of this code.

101.3 Authority

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This code has been duly adopted and promulgated by the Arkansas Heating, Ventilation, Air Conditioning and Refrigeration Licensing Board pursuant to the authority expressly conferred by the laws of the State of Arkansas in Act 277, of 1991, as amended, and Act 96, of 1913, as amended.

101.3.1 Federal and State Authority

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This section has been amended at the state or city level.
The provisions of this code shall not be held to deprive any Federal or State Agency, or any applicable governing authority having jurisdiction of any power or authority which it had on the effective date of adoption of this code or of any remedy then existing for the enforcement of its orders, nor shall it deprive any individual or corporation of its legal rights as provided by law.

101.3.2 Appendices

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Appendices A and B are hereby adopted in their entirety.

Exception: Appendix B is adopted as an "example" only.

101.3.3 Referenced Standards

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This section has been amended at the state or city level.
Standards referenced in this code shall be considered an integral part of the code without separate adoption. If specific portions of a standard are denoted by code text, only those portions of the standard shall be enforced. Where code provisions conflict with a standard, the code provisions shall be enforced. Permissive and advisory provisions in a standard shall not be construed as mandatory.

101.4 Quality Control

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Quality control of materials and workmanship is not within the purview of this code as it relates to the purposes stated herein.

101.5 Permitting and Inspection

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This section has been amended at the state or city level.
The inspection or permitting of any building, system or plan by any jurisdiction, under the requirements of this code, shall not be construed in any court as a warranty of the physical condition of such building, system or plan or their adequacy. No jurisdiction nor any employee thereof shall be liable in tort for damages for any defect or hazardous or illegal condition or inadequacy in such building, system or plan, nor for any failure of any component of such, which may occur subsequent to such inspection or permitting.

101.6 Liability

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This section has been amended at the state or city level.
Any officer or employee, or member of the governing Board(s), charged with the enforcement of this code, acting for the applicable governing authority in the discharge of his duties, shall not thereby render himself personally liable, and is hereby relieved from all personal liability, for damages that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties.

101.7 Applicability

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The provisions of this code shall apply to the installation of mechanical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air conditioning and refrigeration systems and other energy-related systems. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.

101.8 Electrical

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The provisions of the National Electrical Code or applicable state or local requirements shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliance, fixtures, fittings and appurtenances thereto.

101.9 Gas

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This section has been amended at the state or city level.
The provisions of the Arkansas State Gas Code shall apply to the installation of consumer's natural gas piping, appliances and related accessories as covered in this code. The provisions of the LP Gas Board shall apply for liquefied petroleum gas systems.

101.10 Plumbing

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This section has been amended at the state or city level.
The provisions of the Arkansas State Plumbing Code shall apply to every plumbing installation, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances as covered in this code.

101.11 Boilers

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The provisions of the Boiler Safety Law shall apply to the installation of boilers. Reference should be made to the Arkansas Department of Labor.

101.12 Change of Occupancy

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If the occupancy classification of any existing building or structure is changed, the mechanical system covered under this code shall be made to conform to the intent of this code.

101.13 Special Historic Buildings

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The provisions of this code relating to the construction, alteration, repair, enlargement, restoration, relocation or moving of buildings or structures shall not be mandatory for existing buildings or structures identified and classified by the state or local jurisdiction as Historic Buildings when such buildings or structures are judged by the administrative authority to be safe and in the public interest of health, safety and welfare.

101.14 Buildings

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The provisions of Volume II of the Arkansas Fire Prevention Code shall apply to the construction, alteration, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such building or structure.

Section 102 Powers and Duties of the Administrative Authority

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102.1 General

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The administrative authority is hereby authorized to enforce the provisions of this code. The state administrative authority is to render interpretations of this code, which are consistent with its intent and purpose.

102.2 Right of Entry

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Whenever necessary to make an inspection to enforce any provisions of this code, or whenever the state administrative authority has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such mechanical system unsafe, dangerous, or hazardous, the administrative authority may enter such building, structure, or premises at all reasonable times to inspect the same or to perform any duty imposed upon the administrative authority by this code, provided that if such building or premises is occupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of such and request entry.

102.3 Warrant

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This section has been amended at the state or city level.
When the administrative authority shall have first obtained a proper inspection warrant or other remedy provided by lawto secure entry, no owner or occupant or any other persons having charge, care or control of any building, structure or premises shall fail or neglect, after proper request is made as herein provided, to permit promptly entry therein by the administrative authority for the purpose of inspection and examination pursuant to this code.

102.4 Stop Work Orders

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Upon notice from the administrative authority, work on any building, structure or mechanical system that is being done contrary to the provisions of this code or in a dangerous or unsafe manner, shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to his agent, or to the person doing the work and shall state the conditions under which work may be resumed. Where an emergency exists, the administrative authority shall not be required to give written notice prior to stopping the work.

102.5 Unsafe Mechanical Systems

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All mechanical systems which have been determined unsafe or are otherwise considered dangerous to human life or constitute a hazard to health and safety are considered unsafe mechanical systems. All such systems are hereby declared illegal and shall be repaired or demolished as may be required by the administrative authority.

102.6 Requirements Not Covered by Code

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Any requirement necessary for the proper operation of an existing or proposed mechanical system which is not specifically addressed by this code shall be determined by the administrative authority. Deviations from this code are permitted, provided such deviations are found to be necessary, conform to the intent of this code and are approved in writing by the administrative authority.

102.7 Hazards

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Wherever compliance with all the provisions of this code fails to eliminate or alleviate a nuisance or hazard which may involve health or safety, the owner or his agent shall install such additional mechanical equipment as may be found necessary by the administrative authority.

102.8 Revocation of Permits

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102.8.1 Misrepresentation of Application

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The Administrative Authority may revoke a permit or approval, issued under the provisions of this code, if it is shown there has been any false statement or misrepresentation as to the material fact in the application or plans on which the permit or approval was based.

102.8.2 Violation of Code Provisions

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The Administrative Authority may revoke a permit upon determination by the Administrative Authority that the construction, erection, alteration, repair, moving, demolition, installation or replacement of the mechanical system for which the permit was issued is in violation of, or not in compliance with, the provisions of this code.

Section 103 Permits, Inspections and Testing

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103.1 Permits

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Any owner, authorized agent or contractor who desires to construct, enlarge, alter, repair, move or demolish a mechanical system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the administrative authority and obtain the required permit for the work.

103.1.1 Permit Intent

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A permit issued shall be construed to be a certificate to proceed with the work and not as authority to violate, cancel, alter, or set aside any of the provisions of the code, nor shall issuance of a permit prevent the Administrative Authority from thereafter requiring a correction of errors in plans, construction, or violations of this code.

103.2 Contractor Responsibilities

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It shall be the duty of every mechanical contractor who shall make contracts for the installation or repairs of mechanical systems, for which a permit is required, to comply with state or local codes and regulations concerning licensing which the applicable governing authority may have adopted.

103.3 Inspections

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This section has been amended at the state or city level.
All new mechanical work, and such portions of existing systems as may be affected by new work or any changes, shall be subject to inspection to ensure compliance with all requirements of this code. Inspections shall be performed by the administrative authority having jurisdiction.

103.4 Advance Notice

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It shall be the responsibility of the mechanical contractor, or his authorized agent, to give notice to the administrative authority having jurisdiction when mechanical work is ready for test or inspection.

103.5 Responsibility

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It shall be the duty of the mechanical contractor to make certain that the work will stand the prescribed test before giving the notification for inspection.

103.5.1 Time Limitations

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Every permit issued shall become invalid unless the work authorized by such permit is commenced within 6 months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 6 months after the time the work is commenced. One or more extensions of time, for periods not greater than 90 days each, may be allowed for the permit. The extension shall be requested in writing and justifiable cause demonstrated. Extensions shall be in writing by the Administrative Authority.

103.6 RE-Testing

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If the proper administrative authority finds that the work will not pass the test, the mechanical contractor shall be required to make necessary corrections and the work shall be resubmitted for test or inspection.

103.7 Inspection Testing

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This section has been amended at the state or city level.
Tests shall be conducted in the presence of an inspector representing the administrative authority having jurisdiction and inspected in the following manner.
  1. Underground Inspection: To be made after trenches or ditches are excavated, underground duct and piping installed and before any backfill is put in place.
  2. Rough-In Inspection: To be made after roof, framing, fire blocking and bracing are in place and all ducting and other concealed components are complete and prior to the installation of wall or ceiling membranes.
  3. Final Inspection: To be made after the building is complete, the mechanical system is in place and properly connected, and the structure is ready for occupancy.

103.8 Written Release

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This section has been amended at the state or city level.
Work shall not be done on any part of a mechanical system beyond the point indicated in each successive inspection without first obtaining a written release from the administrative authority having jurisdiction. Such written release shall be given only after an inspection has been made of each successive step in the installation as indicated by each of the foregoing three inspections.

103.9 Inspection Certificate

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This section has been amended at the state or city level.
It is the responsibility of those individuals licensed under the provisions of this code to provide the owner or other legal agent with a written certificate of inspection covering all phases of the installation. This includes a final inspection certificate from the administrative authority having jurisdiction.

103.10 Violations

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Notice of violations shall be written and mailed or delivered by the administrative authority having jurisdiction, to the contractor responsible for the work at the time of inspection. No portion of the mechanical system, or any part thereof, shall be covered until it is inspected, tested and accepted as herein prescribed by this code. The system shall be uncovered for inspection after notice to uncover the work has been issued to the responsible person by the administrative authority having jurisdiction.

103.11 Material and Labor for Tests

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The equipment, material and labor necessary for inspections or tests shall be furnished by whom the inspection is requested.

103.12 Submission of Plans

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The administrative authority having jurisdiction may require that plans and specifications be examined prior to the issuance of permits for the purpose of ascertaining whether the mechanical system complies with the requirements of this code.

103.13 Inspection or Plan Review Fees

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This section has been amended at the state or city level.
The administrative authority having jurisdiction may charge an inspection or plan review fee. Fees for state inspection or plan review shall be determined by the Arkansas Heating, Ventilation, Air Conditioning and Refrigeration Licensing Board.

Section 104 Miscellaneous Regulations

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104.1 Variances

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The Arkansas Heating,Ventilation, Air Conditioning and Refrigeration Licensing Board when so appealed to and after a hearing, may vary the application of any provision of this code to any particular case when, in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the intent and purpose of this code or public interest, and also finds all of the following:
  1. That special conditions and circumstances exist which are peculiar to the building, structure or service system involved and which are not applicable to others.
  2. That the special conditions and circumstances do not result from action or inaction of the applicant.
  3. That granting the variance requested will not confer on the applicant any special privilege that is denied by this code to other buildings, structures or service systems.
  4. That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure or service system.
  5. That the granting of the variance will be in harmony with the general intent and purpose of this code and will not be detrimental to the public health, safety and general welfare.

104.2 Local Regulatory Authority

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The Arkansas Mechanical Code is the minimum mechanical code standard for the State of Arkansas. Nothing in this code shall prohibit any city, town, or county or other organized approved form of local government or recognized local authority from having full authority to provide full supervision of the inspection of heating, ventilation, air conditioning and refrigeration by enactment of ordinances or regulations by the local government body, provided the ordinance or regulation is not in conflict with, or equals or exceeds the minimum standards of this code, or other standards prescribed by the Board. The Board shall have final authority to render judgment whether a city, town or county ordinance or regulation is in conflict with, or equal to, or exceeds the Arkansas Mechanical Code.

104.3 Alternative Materials, Methods, Equipment, and Appliances

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The provisions of this code are not intended to prevent the installation of any material or to prohibit any method of construction not specifically proposed by this code, provided that any such alternative has been approved. An alternative material or method of construction shall be approved where the code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety.

104.4 Code Book Fees

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The fee for this code book shall be as follows: Fifty dollars ($50.00) which includes the binder, text and state amendments.

Section 105 Mechanical Board of Adjustment and Appeals

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105.1 Authority

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A local regulatory authority may establish a Board known as the Mechanical Board of Adjustment and Appeals, which shall consist of five members and two alternates. The board shall be appointed by the applicable governing body. The Heating, Ventilation, Air Conditioning and Refrigeration Board of the Arkansas Department of Health must be notified of the establishment of any local board. The local board of appeals shall comply with this section.

105.2 Membership

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The Mechanical Board of Adjustment and Appeals shall consist of five members. Such board members shall be composed of individuals with knowledge and experience in the mechanical code, such as design professionals, contractors or industry representatives. In addition to the regular members, there shall be two alternate members, one member-at-large from the industry and one member-at-large from the public. A member shall not act in a case in which he has a personal or financial interest.

105.3 Terms

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The terms of office of the board members shall be staggered so that no more than one-third of the board is appointed or replaced in any 12-month period. The two alternates, if appointed, shall serve one-year terms. Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. Continued absence of any member from required meetings of the board shall, at the discretion of the applicable governing body, render any such member subject to immediate removal from office.

105.4 Quorum and Voting

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A simple majority of the board shall constitute a quorum. In modifying a decision of the mechanical official, not less than three affirmative votes, but not less than a majority of the board, shall be required. In the event that regular members are unable to attend a meeting, the alternate members, if appointed, shall vote.

105.5 Secretary of Board

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The building official shall act as secretary of the board and shall make a detailed record of all of its proceedings, shall set forth the reasons for its decision, the vote of each member, absence of a member and any failure of a member to vote.

105.6 Appeals

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105.6.1 Decision of the Mechanical Official

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The owner of a building, structure, or service system, or his duly authorized agent, may appeal a decision of the mechanical official to the Mechanical Board of Adjustment and Appeals whenever one of the following conditions are claimed to exist:
  1. The mechanical official rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a mechanical system.
  2. The provisions of this code do not apply to this specific case.
  3. That an equally good or more desirable form of installation can be employed in any specific case.
  4. The true intent and meaning of this code or any of the regulations thereunder have been misconstrued or incorrectly interpreted.

105.7 Notice of Appeal

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This section has been amended at the state or city level.
Notice of appeal shall be in writing and filed within 30 calendar days after the decision is rendered by the mechanical official. Appeals shall be in a form acceptable to the building official.

105.8 Unsafe or Dangerous Mechanical Systems

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This section has been amended at the state or city level.
In the case of a mechanical system, which in the opinion of the mechanical official is unsafe, unsanitary or dangerous to operate, the mechanical official may, in his order, limit the time for such appeals to a shorter period.

105.9 Procedures of the Board of Adjustment and Appeals

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105.9.1 Rules and Regulations

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The local board shall establish rules for regulations for its own procedures not inconsistent with the provisions of this code and state regulations. The board shall meet on call of the chairman. The board shall meet within 30 calendar days after notice of appeal has been received.

105.9.2 State Official Representation

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The secretary of the local board shall notify the Arkansas Heating, Ventilation, Air Conditioning and Refrigeration Board concerning a requested appeal. The representative of the State HVACR Board may be present at any appeals board meeting.

105.9.3 Decisions

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This section has been amended at the state or city level.
The Mechanical Board of Adjustment and Appeals shall, in every case, reach a decision without unreasonable or unnecessary delay. Each decision of the board shall also include reasons for the decision. If a decision of the board reverses or modifies a refusal, order, or dis-allowance of the mechanical official, the building official shall immediately take action in accordance with such decision. Every decision shall be promptly filed in writing in the office of the building official and shall be open to public inspection. A certified copy of the decision shall be sent by mail or otherwise to the appellant and a copy shall be kept publicly posted in the office of the building official for two weeks after filing. Every decision of the board shall be final, subject however, to such remedy as any aggrieved party might have at law or in equity and the provisions of Section 105.9.4.

105.9.4 State Notification of Decision

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This section has been amended at the state or city level.
The secretary of the local board shall immediately notify the Arkansas Heating, Ventilation, Air Conditioning and Refrigeration Board concerning the results of any hearing of the local board. The State Board may have the right to veto a decision of the local appeals board, if in its opinion, the local board's decision is contrary to the spirit and purpose of the Arkansas Mechanical Code, the Arkansas HVACR Law (Act 277, of 1991, as amended) or the public interest, or uphold the decision of the local board. After review by the State Board and issuance of a written judgment to the affected parties, the local board or the appellant may file an appeal to the appropriate authority within 30 days of receipt of said judgment.

Section 106 Severability

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If any provision of these regulations or the application thereof, to any person, is held invalid, such invalidity shall not affect other provisions or application of these regulations which can give effect without the invalid provisions of applications and to this end the provisions hereto are described to be severable.

Section 107 Violations and Penalties

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Any person who violates any provision of this act or violates any rule, regulation or order of the Board or any permit, license or certification may:
  1. In accordance with the regulations issued by the board, be assessed a civil penalty by the board. The penalty shall not exceed two hundred fifty dollars ($250.00) for each violation, and each day of a continuing violation may be deemed a separate violation for purposes of penalty assessments. However, no civil penalty may be assessed until the person charged with the violation has been given the opportunity for a hearing on the violation.
  2. In any civil action instituted by the department under this act, be assessed a civil penalty by the court. The penalty shall not exceed two hundred fifty dollars ($250.00) for each violation. Each day of a continuing violation may be deemed a separate violation for the purpose of penalty assessments.

Section 108 Repealer

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This section has been amended at the state or city level.
All regulations and parts of regulations in conflict herewith are hereby repealed.
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