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HomeMy WebLinkAboutOrd No. 11-3542ORDINANCE AMENDMENT ORDINANCE NO. 11 -3542 AN ORDINANCE AMENDING CHAPTER 20, PLUMBING MECHANICAL, OF THE CITY OF PLAINVIEW CODE OF ORDINANCES TO ADOPT THE INTERNATIONAL PLUMBING CODE (2009 EDITION), THE INTERNATIONAL MECHANICAL CODE (2009 EDITION), THE INTERNATIONAL FUEL GAS CODE (2009 EDITION), AND THE NFPA 99C (2005 EDITION), AS BUILDING CODES FOR THE CITY OF PLAINVIEW, HALE COUNTY, TEXAS; REPEALER; CUMULATIVENESS CLAUSE; CONFLICTS CLAUSE; SEVERABILITY CLAUSE, AND EFFECTIVE DATE. WHEREAS, Chapter 20 of the Plainview Code of Ordinances sets forth the minimum standards for building construction, including the plumbing and mechanical guidelines; and WHEREAS, from time to time it is advisable to review the ordinances that regulate construction of all buildings, including the installation of piping and plumbing components, within the City of Plainview, Texas; and WHEREAS, it is advisable to adopt additional codes to address regulation and installation of mechanical components, and WHEREAS, the Building Trades and Fire Code Board of Appeals has reviewed staff recommendations on adoption of the International Plumbing Code 2009 Edition, International Mechanical Code 2009 Edition, International Fuel Gas Code 2009 Edition, and NFPA 99C 2005 Edition and WHEREAS, the International Plumbing Code 2009 Edition, International Mechanical Code 2009 Edition, International Fuel Gas Code 2009 Edition, and NFPA 99C 2005 Edition, with proposed amendments as hereinafter made, have been duly presented to the City Council; and WHEREAS, the City Council of the City of Plainview finds that it would not be detrimental or injurious to the public health, safety or general welfare of the citizens of the City of Plainview: NOW, THEREFORE, The City of Plainview hereby ordains that: SECTION I The Table of Contents for Chapter 20 of the Plainview Code of Ordinances, is hereby amended to read as follows: Ord. No. 11 -3542 Chapter 20 Page 1 of 19 1 2 Art. I. In General, 20 -1 to 20 -10 Art. II. Title Cited, 20 -11 to 20 -20 Art. III. Intent and Purpose, 20 -21 to 20 -30 Art. IV. Piping Affected by this Ordinance, 20 -31 to 20 -40 Art. V. Definitions, 20 -41 to 20 -50 Art. VI. Licensing Requirements, 20 -51 to 20 -60 Art. VII. Exempted Activity, 20 -61 to 20 -70 Art. VIII. Administration, 20 -71 to 20 -80 Art. IX. Plumbing Appeals and Advisory Board, 20 -81 to 20 -90 Art. X. Permits, Fees and Inspections, 20 -91 to 20 -120 Art. XI. Bonding Provision Contractor Registration, 20 -121 to 20 -30 129 Art. XII. General Regulations, 20 -131 130 to 20 -140 Art.XIII. Materials Quality and Weight, 20 -141 to 20 -150 Art.XIV. Mechanical, In General, 20 -151 to 20 -160 Art. XV. Title Cited, 20 -161 to 20 -170 Art. XVI. Intent and Purpose, 20 -171 to 20 -180 Art. XVII. Mechanical Systems Affected by this Ordinance, §20 -181 to 20 -190 Art. XVIII. Licensing Requirement, 20 -191 to 20 -200 Art. XIX. Contractor Registration, 20 -201 to 20 -210 Art. XX. General Regulations, 20 -211 to 20 -220 Art.XXI. NFPA 99C, 20 -221 to 20 -250 Art.XXII. Fuel Gas Code, 20 -251 to 20 -260 Art.XXIII. Reserved, 20 -261 to 20 -280 Art. XXIV. Reserved, 20 -281 to 20 -290 Art.XXV. Reserved 20 -291 to 20 -300 Art. XXVI. Reserved 20 -301 to 20 -310 Art.XXVII. Reserved 20 -311 to 20 -315 Art.XXVIII. Landscape Irrigation 20 -316 to 20 -333 SECTION II Chapter 20 PLUMBING/ MECHANICAL Chapter 20, Plumbing Mechanical is hereby amended to read as follows: ARTICLE V DEFINITIONS Sec. 20-41. Definitions Liccnscd Irrigator: A person licensed by the Texas Board of Irrigators under the Licensed Irrigators Act, Article 8751, Section 7, Vcrnon's Texas Civil Statutes who sells, designs, consults, installs, maintains, alters, repairs, or services an irrigation system water system or any water supply Ord. No. 11 -3542 Chapter 20 Page 2 of 19 Definitions as they pertain to plumbing can be found in Occupations Code Title 8. Definitions pertaining to plumbing are located in Title 8, Occupations Code, Chapter 1301, Plumbers (Effective September 1, 2003). Sec. 20 -52. ARTICLE VI. LICENSING REQUIREMENT Sec. 20 -51. Plumbing license required. All persons who engage in or work at the actual installation, alteration, repair and renovating of plumbing shall posses the appropriate license in accordance with the provisions of the Plumbing Law License. (Ord. No. 85 -2587, 2- 25 -85; Ord. No. 96- 3072, 5- 28 -96; Ord. No. 04 -3431, 10 -26 -2004) circulation of water, gac, liquids, and drainage or elimination of sewage, including •e e e ce•• and about buildings where a person or persons live, work or assemble; all piping the source of watcr, gas, or othcr liquid supply or combinations thereof, on the premises, or the main in the street, alley or at the curb; all piping fixtures, appurtenances, appliances drain or waste pipes carrying waste water or sewage from or disposal or septic terminal holding private or domestic sewage; (2) The installation, gas, water. Liquids, or any combination thereof, or disposal of waste watcr or sewage. (Amended Ord. No. 96 3072, 5 28 -96) Secs. 20 -5352 to 20 -60. Reserved. Sec. 20 -61. Repealed (Ord. No. 97- 3118,5- 27 -97) Secs. 20 -62 to 20 -70. Reserved. ARTICLE IX. PLUMBING APPEALS AND ADVISORY BOARD Sec. 20 -81. See Section 6 -41 Chapter 6, Article III of the City of Plainview Code of Ordinances for procedures regarding the Building Trades and Fire Code Board of Appeals. (Ord. No. 85 -2587, 2- 25 -85, Amended Ord. No. 96 -307, 5- 28 -96; Ord. No. 00- 3265, 9- 12 -00). Ord. No. 11 -3542 Chapter 20 Page 3 of 19 3 4 Sec. 20 -82. Appeals. (a) Notice of Appeal. The Board shall require notice of appeal in writing stating grounds for appeal and other such matters. A person directly interested, affected, or aggrieved in decisions made by the director or the director's subordinates pertaining to the administration of this Chapter may request an appeal of such decision before the Board. The appellant and the Building Official, Electrical Inspector, or their designated representative shall be given reasonable notice of the time and place of appeal. (b) Appeals from Board's Actions. Any action of the Board may be appealed by a person directly interested, affected, or aggrieved in the action by written petition filed with the Board and the City Secretary within twenty -one (21) days of such action for a hearing before the City Council. Secs. 20 -823 to 20 -90. Reserved ARTICLE XI. BONDING PROVISION CONTRACTOR REGISTRATION Sec. 20 -121. License Requirements. General. Title 8, Occupations Code Chapter 1301 (Effective September 1, 2009) Insurance Required (a) A person, firm, or corporation shall not perform work requiring an plumbing license under Title 8, Occupations Code, Chapter 1301. Except as provided by Section 1301, a person, firm, or corporation may not perform or offer to perform plumbing work unless the person or business holds an appropriate license issued or recognized under this Chapter. (b) A licensed applicant or licensee shall file with the City a completed certificate of insurance or other evidence satisfactory to the City when applying for initial and renewal licenses and upon request of the City. (c) Each successful applicant for a plumber's license shall maintain and furnish to the City the following General liability and completed operation insurance: (1) In addition to all other insurance requirements, the master plumber of record and the firm for whom the master is holding the master's license must continuously maintain on file with the Building Official evidence in the form of a certificate that the holder of the master's license carries the following types and amounts of insurance: License holders shall have bodily injury liability insurance of at least Three Hundred Thousand and No /100 Dollars ($300,000.00) and property damage liability insurance of at least Three Hundred Thousand Dollars ($300,000.00) for both general liability and completed operations insurance. This amount shall equal the same amount as the State, should requirements be changed by the State. (2) If the person holding a master's license severs the connection with a firm that is jointly covered by the same insurance, a new certificate showing proper coverage will be required of both parties. Ord. No. 11 -3542 Chapter 20 Page 4 of 19 (3) The holder of any master's license is responsible for providing evidence of a new or renewal policy of any required insurance coverage upon termination or renewal of any policy. (d) Such applicant shall furnish the Building Official with a certificate of insurance on an industry standard certificate of insurance form with a thirty (30) day cancellation notice. (e) A licensed contractor shall furnish the name of the insurance carrier, policy number, name, address, and telephone number of the insurance agent with whom the contracting company is insured to any customer who requests it. (f) Insurance must be obtained from an admitted company or an eligible surplus lines carrier, as defined in the Texas Insurance Code, Chapter 981, or other insurance companies that are rated by A.M. Best Company as B+ or higher. (g) The insurance policy shall include a provision that in the event such coverage cancelled or reduced, the insurance company shall notify the Building Official at least prior to such cancellation or reduction in coverage. Secs. 20 121 122 to 20 -129. Reserved. ARTICLE XII. GENERAL REGULATIONS Sec. 20 130. Standard: 2003 2009 International Plumbing Code, incorporated by reference. All installation hereafter installed within the corporate limits of the City of Plainview shall be done in a first class workmanlike manner in accordance with the 2 2009 edition of the International Plumbing Code as adopted by the International Association of Plumbing and Mechanical Officials, International Code Council, and said Uniform Plumbing Code International Plumbing Code and Incorporated References and Appendixes is made a part of this Ordinance, with the additions and deviations therefrom contained in this code. (Ord. No. 96 -3072, 5- 28 -96; Ord. No. 99 -3216, 5- 25 -99; Ord No.04 3431, 10 -26 -2004) Sec. 20 -131. Conformance with code. (a) All plumbing systems hereafter installed shall conform with the provisions of the 2003 Uniform Plumbing 2009 International Plumbing Code, as amended. Amendments to the 2003 Uniform Plumbing Code are deleted in their entirety.: (Ord. No. 85 -2587, 2- 25 -85; Ord. No. 96 -3072, 5- 28 -96; Ord. No. 99 -3216, 5- 25 -99, Ord No.04 -3431, 10 -26 -2004) Sec. 20 -132. Amendments Amendments to the 2009 International Plumbing Code shall be as follows: 101.1. Title. Insert "City of Plainview." Ord. No. 11 -3542 Chapter 20 Page 5 of 19 5 6 deemed to constitute a separate offence. Section 103/1.1 is amended to read as follows: Thc fee for each permit shall be set forth in Scction 20 09 of the Plainview Code of Ordinances. Section 103.1.2 is hereby deleted Section 103.1.5.3 is hcrcby deleted Scction 103.5.1.1 is amended to add the following requirements: The following inspections shall bc required for all plumbing installations in any fading --or structure: (a) Rough -in and sewer: All water, waste, vent, gas, and drainage piping installed below grade. (b) Stackout: A visual inspection of all watcr, waste, vent, gas piping installed above the floor. (c) Final: To be made after all plumbing work is complet structure is ready for occupancy; and purveyor to perform certain inspections of its customers facilities, the property other illegal plumbing practices. These inspections shall be conducted prior to permit and inspection. /hcr premises corrected. Thc property owner shall cause all backflow prevention devices required by the codc to bc installed, tested and maintained in accordance with this codc. Copies of all testing and maintenance records shall be provided to the City of Plainview Building Inspections Department. (c) Rc- inspection: When additional inspections arc necessary due to plumbing for inspection. Scction 103.5.6 Rcinspections. Amend 1 paragraph, last sentence to delete 106.6.2. Fee Schedule Ord. No. 11 -3542 Chapter 20 Page 6 of 19 Change to read as follows: The fee for each permit shall be set forth in Section 20 -99 of the Plainview Code of Ordinances. 108.4 Violation penalties. Insert: (a) Penalty. Any person or persons, who erects, installs, alters, or repairs plumbing work in violation of the provisions of this Chapter, or who fails to do any act required hereby, shall be deemed guilty of a misdemeanor, and upon conviction hereof, shall be punished as provided in Section 1 -5 of this Code, "General Penalty; continuing violations Each day that a violation continues after due notice has been served shall be deemed a separate offense. (b) Liability of corporations, associations, officers, and agents. Violation of any of the terms or provisions of this Chapter by any corporation or association shall be subject to the penalty provided in this Section. (c Revocation of licenses or certification. Conviction under the provisions of this Chapter shall be deemed just cause for the revocation of any certification, registration, or license which such person may have or hold under the provisions of this Chapter and examinations for reissue of such certification or license shall be at the discretion of the Board. (d) Enforcement. The Building Official, the Electrical Inspector, and their assistants shall be empowered to cause criminal charges to be filed in a court of competent jurisdiction consistent with the enforcement of this Chapter. 109.1. Application for Appeal. Amend to read as follows: City of Plainview Building Trades and Fire Code Board of Appeals. See Chapter 6, Article III of the City of Plainview Code of Ordinances. Section 319.0 Test Gauges. Add a new section ac follows: Section 319.5 Test gauges used for testing gas piping systems shall comply with .•e e system shall bc tested upon installation and re tested every three (3) y ars. Section 603.1.6 is amended by adding the following to the end of the section: Double check valve back flow preventor. Section 601.1 is amended to add the following section: Section 601.1.1 PVC and CPVC water pipe and tubing shall not be installed other drain traps. 608.16.5 Connections to lawn irrigation systems. Ord. No. 11 -3542 Chapter 20 Page 7 of 19 7 8 Insert the following to the end of the section: Double check valve backflow preventer. Section 609.1, the last sentence thereof, is amended to read as follows: The minimum cover shall bc eighteen (18) inches below finished grade. wee as standard service Zinc. A cI an out may bc omitted on a horizontal drain line Iccc than five (5) feet in length unless said line serves a sink, urinal, or washing machine. Section 910.1 is amended to read as follows: Combination waste and vent yctemc shall be permitted only where structural conditions preclude thc installation of conventional systems as otherwise approved by the Building Official or thc Plumbing Inspector prior to installation. In kitchen installation. A commercial kitchen installation must comply with Section 1014.5. Section 1101.1 is amended by adding the following: Direct connection to thc city storm sewer system shall not bc made. Section 1101.5 the first sentence thereof is amended as follows: Where sub surface groundwater is present, subsoil drains may be required around-thc perimeter of buildings having bascmcnts, cellars, or crawl spaces, or floors below grade. Section 1204.5 is amended to add: {a) Unvented gas burning room heaters equipped with an Integral Oxygen Depletion Sensing System (ODS) may bc installed in Group residential occupancies if thc unit is certified by an approved scientific testing laboratory and it is installed in accordance with ANSI Z21.112. (b) Existing gas burning unventcd room hcater(s) installed in residential occupancies which do not comply with code requirements shall be removed or room heaters in bathrooms and bedrooms shall bc capped. 11. -e thc requirement of removing the non approved heaters when a prcccure test of Ord. No. 11 -3542 Chapter 20 Page 8 of 19 the gas line is done. However, thc requirements to replace unvented heaters shall be enforced when a building permit is required. Section 1211.1.7 (C) is amended with exception as follows: Exception: One and two family dwelling units where the gas line from the meter to the connection at thc building does not vary more than 22 -1/2 degrees. Section 1214.1.3 is amended as follows: e e• piping shall be tested. Table 14 1 is amended to add the following footnotes: 11 /Cellular core PVC pipe shall be limited to exterior buried installations only. e 4 1 h avier pipe except that commercial and residential sprinkler and Iandccaping irrigation systems may utilize PVC 200 psi pipe downstrgam from the double chcck valve a °cembly. eee The following appendix chapters of thc 2003 Uniform Plumbing Code are hereby Appendix A, Recommended rules for sizing the water supply system Appendix B, Explanatory notes on combination waste and vent systems Appendix ar actured /mobile home parks and recreational vehicle parks APPENDIX E is amended forbidding gas piping to be installed under ground Appendix H, Recommended procedures for design, construction and installation of commercial kitchen gr asc interceptors Appendix L, Alternative Plumbing Systems Secs. 20 -1323 to 20 -140. Reserved. ARTICLE XIV. MECHANICAL IN GENERAL Sec. 20 -151. Mechanical license law adopted. Before any person shall do any work or make any connections to an air conditioning or refrigeration system in the city, or do any work connected or intended to be connected to an air conditioning or refrigeration system, she /he shall be licensed as provided in the "Texas Air Conditioning and Refrigeration Contract License Law as Ord. No. 11 -3542 Chapter 20 Page 9 of 19 9 10 amended, the same being the Texas Department of Licensing and Regulation, Texas Occupations Code, Chapter 51. Administration. The administration and enforcement of the provisions of this chapter shall be vested in the Chief Building Official of the City of Plainview or his designee. (Ord. No. 04 -3431, 10 -16 -2004) Secs. 20 -152 to 20 -160. Reserved. (Ord. No. 85 -2587, 2- 25- 85;Ord. No. 96 -3072, 5- 28-96; Ord. No. 04 -3431, 10 -16 -2004) Ord. No. 11 3542 ARTICLE XVIII. LICENSING REQUIREMENT Sec. 20 193. Exemptions from licensing requirement. 1) A property owner is not required to be licensed under this Chapter to perform air conditioning and refrigeration in the property owner's homestead providing the property owner performs the work themselves. If the property owner hires an individual to perform the actual air conditioning and refrigeration work on any part of the air conditioning and refrigeration system the property owner must secure the services of an air conditioning and refrigeration contractor. The above exempted requirement,' for licensing shall not m an that a person Secs. 20- 194 -200 to 20 -200. Reserved. (Ord. No. 85 -2587, 2- 25 -85; Ord. No. 96 -3072, 5- 28 -96; Ord. No. 04 -3431, 10 -26 -2004) Article XIX BONDING PROVISION CONTRACTOR REGISTRATION Sec.20 201. Registration Requirements. All Licensed Air Conditioning and Refrigeration Contractors and companies shall register with the City of Plainview Code Enforcement Department. A copy of the certificate of insurance as indicated below must be provided along with a copy of the contractor license and driver's license of each contractor. An annual registration fee of $30.00 shall be paid at the time of registration. (a) A person, firm, or corporation shall not perform work requiring a license under the Texas Department of Licensing and Regulation in accordance with Title 2, Occupations Code, Chapter 51. Except as provided by Section 51, a person, firm, or corporation may not perform or offer to perform work as required under Section 51 Chapter 20 Page 10 of 19 unless the person or business holds an appropriate license issued or recognized under this Section. (b) A licensed applicant or licensee shall file with the City a completed certificate of insurance or other evidence satisfactory to the City when applying for initial and renewal licenses and upon request of the City. (c) Each successful applicant for this license shall maintain and furnish to the City the following General liability and completed operation insurance: (1) License holders shall have bodily injury liability insurance of at least Three Hundred Thousand and No /100 Dollars ($300,000.00) and property damage liability insurance of at least Three Hundred Thousand Dollars ($300,000.00) for both general liability and completed operations insurance. This amount shall equal the same amount as the State, should requirements be changed by the State. (2) If the person holding a license severs the connection with a firm that is jointly covered by the same insurance, a new certificate showing proper coverage will be required of both parties. (3) The holder of any license is responsible for providing evidence of a new or renewal policy of any required insurance coverage upon termination or renewal of any policy. (d) Such applicant shall furnish the Chief Building Official with a certificate of insurance on an industry standard certificate of insurance form with a thirty (30) day cancellation notice. (e) A licensed contractor shall furnish the name of the insurance carrier, policy number, name, address, and telephone number of the insurance agent with whom the contracting company is insured to any customer who requests it. (f) Insurance must be obtained from an admitted company or an eligible surplus lines carrier, as defined in the Texas Insurance Code, Chapter 981, or other insurance companies that are rated by A.M. Best Company as B+ or higher. (g) The insurance policy shall include a provision that in the event such coverage cancelled or reduced, the insurance company shall notify the Chief Building Official at least prior to such cancellation or reduction in coverage. Secs. 20- 201202 to 20 -210. Reserved. ((Ord. No. 85 -2587, 2- 25 -85; Ord. No. 96 -3072, 5- 28 -96; Ord. No. 04 -3431, 10 -26 -2004) Sec. 20 -211. Standard: 2009 International Mechanical Code Incorporated by Reference. All installation hereafter installed within the corporate limits of the City of Plainview shall be done in a first class workmanlike manner in accordance with the 2003 2009 edition of the Uniform International Mechanical Code and appendixes as published by the International Association of Plumbing and Mechanical Officials, International Code Council, and said Uniform International Mechanical Code is made Ord. No. 11 -3542 ARTICLE XX. GENERAL REGULATIONS Chapter 20 Page 11 of 19 11 12 part of this Ordinance, with the additions and deviations therefrom contained in this Code. (Ord. No. 04 -3431, 10 -26 -2004) Sec. 20 -212. Conformance with code. All mechanical systems hereafter installed shall conform with the provisions of the 2903 Uniform 2009 International Mechanical Code and any amendments Amendments to the 2003 Uniform Mechanical Code are deleted in their entirety (Ord. No. 04 -331, 10 -26 -2004) Sec. 20 -213. Amendments The 2009 International Mechanical Code is amended as follows: 101.1. Title. Insert "City of Plainview." 106.5.2. Fee schedule. Change to read as follows: The fee for each permit shall be set forth in Section 20 -99 of the Plainview Code of Ordinances. 106.5.3. Fee refunds. Insert: "zero percent" and "fifty percent" in the respective blanks. 108.4 Violations. Insert: (a) Penalty. Any person or persons, who erects, installs, alters, or repairs work in violation of the provisions of this Chapter, or who fails to do any act required hereby, shall be deemed guilty of a misdemeanor, and upon conviction hereof, shall be punished as provided in Section 1 -5 of this Code, "General Penalty; continuing violations Each day that a violation continues after due notice has been served shall be deemed a separate offense. (b) Liability of corporations, associations, officers, and agents. Violation of any of the terms or provisions of this Chapter by any corporation or association shall be subject to the penalty provided in this Section. (c) Revocation of licenses or certification. Conviction under the provisions of this Section shall be deemed just cause for the revocation of any certification, registration, or license which such person may have or hold under the provisions of this Section and examinations for reissue of such certification or license shall be at the discretion of the Board. (d) Enforcement. The Chief Building Official, the Electrical Inspector, and their assistants shall be empowered to cause criminal charges to be filed in a court of competent jurisdiction consistent with the enforcement of this Chapter. 108.5. Stop work orders. Amend the end of the last sentence to read: "...liable for a fine as specified in the City of Plainview Code of Ordinances." Ord. No. 11 -3542 Chapter 20 Page 12 of 19 109.1. Application for Appeal. Amend to read as follows: City of Plainview Building Trades and Fire Code Board of Appeals. See Chapter 6, Article III of the City of Plainview Code of Ordinances. 110.0 Board of Appeals is hcrcby deleted in its entirety. Sec Sec. 6 -'11, City of Plainview Codc of Ordinances for m anc of App al. Any person, firm, or corporation violating any provision of this Codc shall be shall bc deemed to constitute a separate offense. person who meets the following qualifications: 1.) A person who is licensed under the "Texas Air Conditioning and Refrigeration Contract Licence Law Texas Civil Statues Article 8861. 2.) Any property owner for mechanical work to bc done by him in a building owned and occupied by him as his homest ad. 3.) A person who installs, repairs or removes a vent hood of the type commonly used in commercial kitchens. A maintenance person who meets thc qualifications listed in Scc. 20 193 (2) of thc City of Plainview Code of Ordinances. personal to thc permittec. No such permit shall be assigned or transferred to another person and no persons shall permit another person to obtain a permit in any person other than, thc person authorized to do the same. t tth nd of t section permit shall be guilty of a misdem anor and subject to thc penalty provided shall be deemed a sufficient r ason for subjecting the contractor so offending, to bad faith or unr asonable delay has been corrected. Ord. No. 11 -3542 Chapter 20 Page 13 of 19 13 14 Table 1 1 Mechanical Permit Fccs is amended to read as follows: Ncw Construction Installation or relocation of Unit(c) in Existing Building(s) $25.00 To include the Following: Commercial hoods Type -1 or 11 Commercial refrigeration Commercial cold storage box Minimum Permit Fee Reincpection Fee Inspections Not Listed After Hours Inspection $0.0'1 per square ft. $25.00 $25.00 $25.00 $25.00 e_ Also all day on City Recognized Holiday's and during Weekends) 504.1 Makeup and Exhaust Air Ducts is amended by adding the following to the end of thc paragraph: c alcd with approval of the Building Official or his designee. shall unsleeved gas piping be installed in any wall cavity that is part of any return Official. 504.3.1 Moisture Exhauct Ducts is amended by adding thc following sentence to thc end of thc paragraph: Exception: Such ducts may extend through a free air return plenum provided the exhaust duct is air tight and s algid with approval of the Building Official or his designee. Add thc following to the cnd of Section 507.1 adopted edition of the National Fire Code Standard NFPA -96, Standard for the Installation of Equipment for the Removal of Smoke and Grcasc -Laden Vapors from Commercial Cooking Equipment, as published by the National Fire provisions of this chapter may be applied to thc design of Type I Hoods on requirements not covered by the NFPA 96; provided, however, the requirements Ord. No. 11 -3542 Chapter 20 Page 14 of 19 Ord. No. 11 -3542 thc following section: plenum will be, subject to thc Approval of thc Building Official or his designee, on a case by case basis. If the space is allowed to be sentence at the cnd of thc section: roof covering. 924.1 Unventcd is amended by adding the following exceptions: Exceptions: Depiction Sensing System (ODS) may be installed in a— Residential Occupancy if the unit is Certified by an approved scientific testing Occupancies which do not comply with code requirements shall be removed or replaced with vented or other approved heaters when alterations or remodeling of the ctruc e e e building permit, or when a city pressure test is required on thc fuel piping test of thc fuel gas piping system is performed. However, the requirements required. Chapter 1 ucl Gas Piping is hcrcby deleted. Refer to thc current cdition of the Uniform Plumbing Code. Chapter 13 of Appendix B is hereby deleted. Refer to the current cdition of the Uniform Plumbing Code. Secs. 20 214 to 20 220 Reserved. (Ord. No. 85 -2587, 2- 25 -85; Ord. No. 88 -2751, 2- 24-88; Ord. No. 95 -3045, 5- 23 -95; Ord. No. 96 -3072, 5- 28 -96; Ord. No. 04 -3431, 10 -26- 2004) Chapter 20 Page 15 of 19 15 16 ARTICLE XXI. NFPA 99 -C Sec. 20 -221. Standard 2005 NFPA 99 -C is incorporated by reference. All installations hereafter installed within the corporate limits of the City shall follow the rules and regulations of the NFPA 99 -C (2005 Edition). All installations hereafter installed within the corporate limits of the City of Plainview shall be done in a first class workmanlike manner in accordance with the NFPA 99 -C (2005 Edition). Sec. 20 -222. Conformance with code. All systems hereafter installed shall conform with the provisions of the NFPA 99- C (2005 Edition) and any amendments to that Code. Secs. 20 -223 to Sec. 20 -250. Reserved.(Ord. No. 85 -2587, 2- 25 -85; Ord. No. 96 -3072, 5- 28 -96; Ord. No. 04 -3431, 10 -26 -2004) 101.1. Title. Insert "City of Plainview." 108.4. Violation Penalties. Insert: Ord. No. 11 -3542 ARTICLE XXII. INTERNATIONAL FUEL GAS CODE Sec. 20 -251. Standard. 2009 International Fuel Gas Code incorporated by reference. All installation hereafter installed within the corporate limits of the City of Plainview, Texas shall be done in a first class workmanlike manner in accordance with the 2009 edition of the International Fuel Gas Code and appendixes as published by the International Code Council, and said International Fuel Gas Code is made part of this Ordinance, with the additions and deviations therefrom contained in this Code. Sec. 20 -252. Conformance with code. All fuel gas systems hereafter installed shall conform with the provisions of the 2009 International Fuel Gas Code and any amendments to that Code. Sec. 20 -253. Amendments The 2009 International Fuel Gas Code is amended as follows: 106.6.2. Fee Schedule. Change to read as follows: The fee for each permit shall be set forth in Section 20 -99 of the Plainview Code of Ordinances. 106.6.3. Fee Refunds. Insert: "zero percent" and "fifty percent" in the respective blanks. Chapter 20 Page 16 of 19 (a) Penalty. Any person or persons, who erects, installs, alters, or repairs work in violation of the provisions of this Chapter, or who fails to do any act required hereby, shall be deemed guilty of a misdemeanor, and upon conviction hereof, shall be punished as provided in Section 1 -5 of this Code, "General Penalty; continuing violations Each day that a violation continues after due notice has been served shall be deemed a separate offense. (b) Liability of corporations, associations, officers, and agents. Violation of any of the terms or provisions of this Chapter by any corporation or association shall be subject to the penalty provided in this Section. (c) Revocation of licenses or certification. Conviction under the provisions of this Section shall be deemed just cause for the revocation of any certification, registration, or license which such person may have or hold under the provisions of this Section and examinations for reissue of such certification or license shall be at the discretion of the Board. (d) Enforcement. The Chief Building Official, the Electrical Inspector, and their assistants shall be empowered to cause criminal charges to be filed in a court of competent jurisdiction consistent with the enforcement of this Chapter. 108.5. Stop Work Orders. Amend the end of the last sentence to read: "...liable for a fine as specified in the City of Plainview Code of Ordinances." Secs. 20 251 254 to Sec. 20 -260. Reserved (Ord. No. 85 -2587, 2- 25 -85; Ord. No. 87- 2710, 7- 28- 87;Ord. No. 96 -3072, 5- 28 -96; Ord. No. 04 -3431, 10 -26 -2004 Secs. 20 -261 to Sec. 20 -280. Reserved.(Ord. No. 85 -2587, 2- 25 -85; Ord. No. 87 -2710, 7- 28 -87; Ord. No. 96 -3072, 5- 28 -96; Ord. No. 04 -3431, 10 -26 -2004) Secs. 20 -281 to Sec. 20 -290. Reserved. (Ord. No. 85 -2587, 2- 25 -85; Ord. No. 96 -3072, 5- 28 -96; Ord. No. 04 -3431, 10 -26 -2004) Secs. 20 -291 to Sec. 20 -300. Reserved_ (Ord. No. 85 -2587, 2- 25 -85; Ord. No. 96 -3072, 5- 28 -96; Ord. No. 04 -3431, 10 -26 -2004) Secs. 20 -301 to Sec. 20 -310. Reserved.(Ord. No. 85 -2587, 2- 25 -85; Ord. No. 96 -3072, 5- 28 -96; Ord. No. 04 -3431, 10 -26 -2004) Ord. No. 11 -3542 ARTICLE XXIII. ARTICLE XXIV. ARTICLE XXV. ARTICLE XXVI. Chapter 20 Page 17 of 19 17 18 Secs. 20 -311 to Sec. 20 -315. Reserved. (Ord. No. 85 -2587, 2- 25 -85; Ord. No. 96 -3072, 5- 28 -96; Ord. No. 04 -3431, 10 -26 -2004) SECTION III All ordinances or parts of ordinances inconsistent with any provisions of this ordinance are hereby repealed to the extent of such conflict, and the provisions of this ordinance shall be and remain controlling as to the matters regulated herein. SECTION IV ARTICLE XXVII. Provisions of this Ordinance are cumulative and nothing herein shall prevent, alter, or diminish the applicability or enforcement of other ordinances restricting, regulating, or governing the subject matter herein. SECTION V All ordinances or portions of any ordinance of the City of Plainview, Texas in conflict herewith, are hereby amended to conform with the provisions hereof. SECTION VI Severability is intended throughout and within this Article. If any provision, including any section, paragraph, sentence, clause, phrase or word or the application thereof to any person or circumstance is held invalid, unconstitutional, or unenforceable by a court of law or administrative agency with jurisdiction over the matter, such action shall not be construed to affect any other valid portion of this Ordinance. A constitutional construction hereof is intended and shall be given. There is not intent herein to violate either of the Texas Constitution or the Constitution of the United States. SECTION VII This ordinance shall be of full force and effect upon its passage and publication as required by law. Ord. No. 11 -3542 Chapter 20 Page 18 of 19 PASSED AND APPROVED on first reading this 20 day of January, 2011. PASSED AND APPROVED on second reading th' 25 day of January, 2011. i. i ohn C. Ande n, Mayor ATTEST: Belinda Hinojosa, City Secr APPROVED AS TO CONTENT: Delwin Derrick, Chief Building Ifficial APPROVED AS TO FORM: Leslie Spear Pearce, City Attorney Ord. No. 11 -3542 Chapter 20 Page 19 of 19 19