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ORD 2012-30TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2012-30 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING ARTICLE VI ENTITLED "INTERNATIONAL MECHANICAL CODE" OF CHAPTER 3 ENTITLED "BUILDINGS AND CONSTRUCTION" OF THE CODE OF ORDINANCES OF THE TOWN OF TROPHY CLUB, TEXAS AND ADOPTING A NEW ARTICLE VI ENTITLED "INTERNATIONAL MECHANICAL CODE" OF CHAPTER 3 ENTITLED "BUILDINGS AND CONSTRUCTION" OF THE CODE OF ORDINANCES OF THE TOWN OF TROPHY CLUB, TEXAS; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT REPEALING THE 2003 INTERNATIONAL MECHANICAL CODE WITH LOCAL AMENDMENTS AND ADOPTING THE 2009 EDITION OF THE INTERNATIONAL MECHANICAL CODE WITH LOCAL AMENDMENTS THERETO, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A"; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club, Texas (the ''Town'') is a home rule municipality empowered to do all acts and make all regulations which may be necessary or expedient for the promotion of the public health, safety and general welfare; and WHEREAS, the Town adopted the 2003 Edition of the International Mechanical Code in 2004; and WHEREAS, the Town of Trophy Club Building Official and Community Development Department have reviewed the International Mechanical Code, 2009 Edition, (hereinafter "IMC") and 'find that it is in the best interest of the Town of Trophy Club to repeal the 2003 Edition of the IMC and all local amendments thereto and to adopt the 2009 Edition of the IMC and local amendments thereto as reflected in Exhibit "A" to this Ordinance; and WHEREAS, the Town Council of the Town of Trophy Club, Texas deems it necessary and beneficial to repeal the 2003 Edition of the International Mechanical Code and local amendments thereto and to adopt the updated 2009 Edition of the International Mechanical Code and local amendments as specified in this Ordinance to safeguard the health, property, safety and general welfare of the citizens of the Town of Trophy Club by regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance, of mechanical systems and inspection of mechanical systems. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION CLAUSE That all of the above premises are true and correct and are hereby incorporated in the body of this Ordinance as if fully set forth herein. SECTION 2. AMENDMENTS 2.01. Article VI entitled "International Mechanical Code" of Chapter 3 entitled "Buildings and Construction" adopting the 2003 Edition of the IMC is hereby repealed in its entirety, and a new Article VI entitled "International Mechanical Code" of Chapter 3 entitled "Buildings and Construction" containing the 2009 Edition of the IMC and local amendments thereto, is hereby adopted as more fully set forth in Exhibit "A", a copy of which is attached hereto and incorporated herein. SECTION 3. CUMULATIVE REPEALER That this Ordinance shall be cumulative of all other ordinances of the Town and shall not repeal any of the provisions of such ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this Ordinance; whether such ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have passed such remaining of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. ORD 2012-30 Page 2 of 8 SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with the Town Charter. SECTION 6. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. SECTION 7. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 8. EFFECTIVE DA orE This Ordinance shall take effect on January 1, 2013, in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 10th day of December, 2012. C6nnie White, Mayor Town of Trophy Club, Texas ATrEST: APPROVED AS TO FORM: Y(h fllJilOJ1 };\lJ1atlY :cattic..6~~-~non DePratar. Town Se,..".-..-rn:.JIR'-!Hp Patricia A. Adams, Town Attorney Town of Trophy Club, Tex ~« SEAL~ Town of Trophy Club, Texas ?' <$ Page 3 of 8 ORO 2012-30 EXHIBIT A INTERNA"rlONAL MECHANICAL CODE Proposed Adoption. The 2009 edition of the International Mechanical Code of the International Code Council as herein after amended, is from the effective date hereof, hereby adopted as the mechanical code of the Town of Trophy Club. One copy of such International Mechanical Code is incorporated herein by reference and shall have been filed for permanent record and inspection in the office of the city secretary. Amendments. Amendments to the International Mechanical Code adopted herein are as follows: (1) (Page 1, Section 102.8) Section 102.8 is hereby amended as follows: 102.8 Referenced codes and standards. The codes and standards referenced herein shall be those that are listed in Chapter 15 and such codes, when specifically adopted, and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adopted. (2) (Page 3, Section 106.4.1) Section 106.4.1 is hereby amended as follows: 106.4.1 Approved construction documents. (delete) (3) (Page 4, Section 106.4.6) Section 106.4.6 is hereby amended as follows: 106.4.6 Retention of construction documents. (delete last sentence) (4) (Page 5 Sections 106.5.2 and 106.5.3) Sections 106.5.2 and 106.5.3 are hereby amended as follows: 106.5.2 Fee schedule. The fees for all mechanical work shall be as adopted by resolution of the governing body of the jurisdiction. 106.5.3 Fee Refunds. The code official shall establish a policy for authorizing refunding of fees. (delete balance of section) (5) Section 109 is adopted as set forth in the 2009 International Mechanical Code. ORO 2012-30 Page 4 of 8 (6) (Page 20, Section 302.3) Section 302.3 is hereby amended as follows: 302.3 Cutting, notching and boring of wood 'framing. When permitted by the International Building Code or the International Residential Code, cutting, notching and boring of wood framing members shall comply with Sections 302.3.1 through 302.3.4. (7) (Page 21, Section 304.3) Section 304.3 is hereby amended to add an exception as follows: 304.3 Elevation of ignition source. Exception: Elevation of the ignition source is not required for water heaters that are listed as flammable vapor resistant and for installation without elevation. (8) (Page 22, Section 304.6) Section 304.6 is hereby amended as follows: 304.6 Private garages. (delete) (9) (Page 23, Section 306.3) Section 306.3 is hereby amended as follows: 306.3 Appliances in attics. Attics containing appliances requiring access shall be provided(bulk of paragraph unchanged)from the opening to the appliance. The passageway shall have continuous unobstructed solid flooring not less than 30 inches (762 mm) wide. A level service space not less than 30 inches (762 mm) deep and 30 inches (762 mm) wide shall be present at the front or service side of the appliance. The clear access opening dimensions shall be a minimum of 20 inches by 30 inches (508 mm by 762 mm), or larger where such dimensions are not large enough to allow removal of the largest appliance. As a minimum, access to the attic space of residential uses shall be provided by one of the following: 1. A permanent stair. 2. A pull down stair with a minimum 300 Ib (36 kg) capacity. 3. An access door from an upper floor level. 4. An access panel may be used in lieu of items 1, 2, and 3, with prior approval from the code official due to building conditions. Exception: The passageway and level service space are not required where the appliance is capable of being serviced and removed through the required opening. (10) (Page 24, Section 306.5) Section 306.5 is hereby amended as follows: 306.5 Equipment and appliances on roofs or elevated structures. Where equipment and appliances requiring access are installed on roofs or elevated structures at an aggregate height exceeding 16 feet (4877 mm), such access shall be provided by a permanent approved means of access. Permanent exterior ladders providing roof access need not extend closer than 12 feet ORD 2012-30 Page 5 of 8 (2438 mm) to the finish grade or floor level below and shall extend to the equipment and appliances level service space. Such access shall not require climbing over obstructions greater than 30 inches (762 mm) high or walking on roofs having a slope greater than 4 units vertical in 12 units horizontal (33 percent slope). A receptacle outlet shall be provided at or near the equipment and appliance location in accordance with the Electrical Code. On roofs having slopes greater than 4 units vertical in 12 units horizontal, a catwalk at least 16 inches in width with substantial cleats spaced not more than 16 inches apart shall be provided from the roof access to the working platform at the appliance (remainder of section unchanged). (11) (Page 24, Section 306.5.1) Section 306.5.1; change to read as follows: 306.5.1 Sloped roofs. Where appliances, equipment, fans or other components that require service are installed on roofs having slopes greater than 4 units vertical in 12 units horizontal and having an edge more than 30 inches (762 mm) above grade at such edge, a catwalk at least 16 inches in width with substantial cleats spaced not more than 16 inches apart shall be provided from the roof access to a level platform at the appliance. The level platform shall be provided on each side of the appliance to which access is required for service, repair or maintenance. The platform shall be not less than 30 inches (762 mm) in any dimension and shall be provided with guards. The guards shall extend not less than 42 inches (1067 mm) above the platform, shall be constructed so as to prevent the passage of a 21-inch­ diameter (533 mm) sphere and shall comply with the loading requirements for guards specified in the International Building Code. (12) (Page 24, Section 306.6, 306.6.1) Section 306.6, 306.6.1 is hereby added as follows: 306.6 Water heaters above ground or floor. When the mezzanine or platform in which a water heater is installed is more than eight (8) feet (2438mm) above the ground or floor level, it shall be made accessible by a stairway or permanent ladder fastened to the building. Exception: A max 10 gallon water heater (or larger with approval) is capable of being accessed through a lay-in ceiling and a water heater is installed is not more than ten (10) feet (3048 mm) above the ground or floor level and may be reached with a portable ladder. Section 306.6.1 Whenever the mezzanine or platform is not adequately lighted or access to a receptacle outlet is not obtainable from the main level, lighting and a receptacle outlet shall be provided in accordance with Section 306.3.1. ORD 2012-30 Page 6 of 8 (13) (Page 24, Section 307.2.1) Section 307.2.1 is hereby amended as follows: 307.2.1 Condensate disposal. Condensate from all cooling coils and evaporators shall be conveyed from the drain pan outlet to an approved place of disposal. Condensate shall not discharge into a street, alley, sidewalk, rooftop or other areas so as to cause a nuisance. (14) (Page 25, Section 307.2.2) Section 307.2.2 is hereby amended as follows: 307.2.2 Drain pipe materials and sizes. Components of the condensate disposal system shall be cast iron, galvanized steel, copper, cross-linked polyethylene, polybutylene, polyethylene, ABC, CPVC or schedule 80 PVC pipe or tubing when exposed to ultr violet light. All components shall be selected for the pressure, temperature, and exposure rating of the installation. (remainder unchanged). (15) (Page 25 Section 307.2.3) Section 307.2.3 is hereby amend item 2 to read as follows: 307.2.3 Auxiliary and secondary drain systems. Item #2. Discharge, as noted, shall be to a conspicuous point of disposal to alert occupants in the event of a stoppage of the drain. However, the conspicuous point shall not create a hazard such as dripping over a walking surface or other areas so as to create a nuisance. (16) (Page 30, Section 403.2.1) Section 403.2.1 is hereby amended to add an item #5 as follows: 403.2.1 Recirculation of air. Item #5. Toilet rooms within private dwellings that contain only a water closet, lavatory or combination thereof may be ventilated with an approved mechanical recirculating fan or similar device designed to remove odors from the air. (17) (Page 33, Table 403.3) Table 403.3 is hereby amended to change wording of footnote "g" as follows: 403.3 Required Outdoor Ventilation Air (footnote g) Transfer air permitted in accordance with Section 403.2.1. Toilet rooms within private dwellings that contain only a water closet, lavatory or combination thereof may be ventilated with an approved mechanical recirculating fan or similar device designed to remove odors from the air. (18) (Page 37, Section 501.2) Section 501.2 is hereby amended to add a third exception as follows: 501.2 Outdoor discharge. Exception #3 -Toilet room exhaust ducts may terminate in a warehouse or shop area when infiltration of outside air is present. ORD 2012-30 Page 7 of 8 (19) (Page 44, Section 504.6) Section 504.6 is hereby amended to add a sentence at the end of the paragraph as follows: 504.6 Domestic clothes dryer ducts. The size of duct shall not be reduced along its developed length nor at the point of termination. (20) (Page 66, Section 607.2.2) Section 607.2.2 is hereby amended as follows: 607.2.2 Hazardous exhaust ducts. Hazardous exhaust duct systems shall extend directly to the exterior of the building and shall not extend into or through ducts and plenums. Penetration of structural elements shall conform to this section and the International Building Code except that fire dampers are not required at penetration of fire-resistance-rated assemblies. (21) (Page 67, Section 607.5.1) Section 607.5.1 is hereby amended as follows: 607.5.1 Fire Walls. Ducts and air transfer openings permitted in fire walls in accordance with Section 705.11 of the International Building Code shall be protected with approved fire dampers installed in accordance with their listing. For hazardous exhaust systems see Section 510.1 -510.9IMC. (22) (Page 121 Appendix A through B) Appendix A through B is hereby amended as follows: Appendix A through B are for reference only as adopted and amended by other codes. ORD 2012-30 Page 8 of 8