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ORDINANCE NO. 17-3656
AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF
PLAINVIEW, TEXAS, AMENDING CHAPTER 3, ARTICLE 3.06,
INTERNATIONAL MECHANICAL CODE, ARTICLE 3.07, MEDICAL GAS
AND VACUUM SYSTEMS, ARTICLE 3.08 FUEL GAS, AND ARTICLE
3.09, MINIMUM HOUSING/DANGEROUS BUILDING CODE, OF THE
CITY OF PLAINVIEW CODE OF ORDINANCES BY ADOPTING THE
INTERNATIONAL MECHANICAL CODE (2015 EDITION), THE NATIONAL
FIRE PROTECTION ASSOCIATION'S HEALTH CARE FACILITIES CODE
AND THE MEDICAL GAS AND VACUUM SYSTEMS INSTALLATION
HANDBOOK (2015 EDITIONS), THE INTERNATIONAL FUEL GAS CODE
(2015 EDITION) AND THE INTERNATIONAL PROPERTY
MAINTENANCE CODE (2015 EDITION); REPEALER;
CUMULATIVENESS CLAUSE; SEVERABILITY CLAUSE; CONFLICTS
CLAUSE, AND EFFECTIVE DATE.
WHEREAS, Chapter 3, Building Regulations, of the Plainview Code of Ordinances
set forth the minimum standards for building construction; and
WHEREAS, from time to time it is advisable to review the ordinances that regulate
construction of all buildings within the City of Plainview; and
WHEREAS, the City of Plainview's Building Trades and Fire Code Board of
Appeals has reviewed staff recommendations on adoption of the 2015 editions of the
International Mechanical Code, the NFPA 99 (National Fire Protection Association's
Health Care Facilities Code) and Medical Gas and Vacuum Systems Installation
Handbook, the International Fuel Gas Code, and the International Property Maintenance
Code for updating building regulations within the City; and
WHEREAS, the 2015 International Mechanical Code, with proposed amendments
as hereinafter made, has been duly presented to the City Council; and
WHEREAS, the 2015 NFPA 99 and the 2015 Medical Gas and Vacuum Systems
Installation Handbook with proposed amendments as hereinafter made have replaced the
NFPA 99C and have been duly presented to the City Council; and
WHEREAS, the 2015 International Fuel Gas Code, with proposed amendments as
hereinafter made, has been duly presented to the City Council; and
WHEREAS, the 2015 International Property Maintenance Code, with proposed
amendments as hereinafter made, has been duly presented to the City Council; and
WHEREAS, the City Council finds that it would be in the best interest of their
citizens to adopt such ordinance as hereinafter stated, and that not doing so could be
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2015 Mechanical/Gas/Property Maintenance Codes Page 1 of 8
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
Article 3.06, of the Plainview Code of Ordinances is hereby amended as follows:
Division 3. Mechanical Code
Sec. 3.04.061 Adopted
All installation hereafter installed within the corporate limits of the city shall be done
in a first class workmanlike manner in accordance with the 29 2015 edition of the
International Mechanical Code and appendixes as published by the International Code
Council, and said International Mechanical Code is made part of this article, with additions
and deviations therefrom contained in this code.
Sec. 306.062 Conformance with code
All mechanical systems hereafter installed shall conform with the provisions of the
2009 2015 International Mechanical Code and any amendments.
Sec. 3.06.063 Amendments
The 2009 2015 International Mechanical Code is amended as follows:
Sec. 106.5.2. Fee Schedule. Change to read as follows: The fee for oach permit all
mechanical work shall be set forth in Section 3.05.083 of the City of Plainview Code of
Ordinances.
Sec. 106.5.3 Fee refunds. Insert "zero percent" at Section 106.5.3.2 and "fifty percent"
at Section 106.5.3.3.
Insert after Section 106.5.3: The code official shall not authorize the refunding of any fee
paid except upon written application filed by the original permittee not later than 180 days
after the date of fee payment.
Sec. 108.4(d) Enforcement. Delete only the following: t"a re .tris al inspector.
Sec. 108.5 . Stop work orders. Upon notice from the code officials that mechanical work
is being performed contrary to the provisions of this code or in a dangerous or unsafe
manner, such work shall immediately cease. Such notice shall be in writing and shall be
given to the owner of the property, or to the owner's authorized agent, or to the person
doing the work. The notice shall state the conditions under which work is authorized to
resume. Where an emergency exists, the code official shall not be required to give a
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written notice prior to stopping the work. Any person who shall continue any work on the
system after having been served with a stop work order, except such work as that person
is directed to perform to remove a violation or unsafe condition, shall be liable for a fine
as specified in Section 1.01.009 of the City of Plainview Code of Ordinances.
Sec. 109. Means of Appeal. Delete this section in its entirety and replace with the
following wording: In order to hear and decide appeals of orders, decisions or
determinations made by the Building Official relative to the application and interpretation
of this code, an appeal must be filed with the Building Trades and Fire Code Board of
Appeals in accordance with Article 3.02 in the City of Plainview Code of Ordinances.
Ordinances.
SECTION II
Article 3.07, Medical Gas and Vacuum Systems, of the Plainview Code of
Ordinances is hereby amended as follows:
ARTICLE 3.07
FACILITIES CODE
Sec. 3.07.001 NF -12A -99-C-- Adopted
HEALTH CARE
All installation hereinafter installed within the corporate limits of the city shall follow
the rules and regulations of the NFPA 99 (Health Care Facilities Code) -C (2005 2015
edition) and the 2015 Medical Gas and Vacuum Systems Installation Handbook as
published by the National Fire Protection Association. All installations hereafter installed
within the corporate limits of the city shall be done in a first class workmanlike manner in
accordance with - w ! ! - - - - - these publications.
Sec. 3.07.002 Conformance with code
All systems hereafter installed shall conform with the provisions of the NFPA 99-G
(2005 2015 edition) and the 2015 Medical Gas and Vacuum Systems Installation
Handbook, and any amendments to th a said codes.
SECTION III
Article 3.08, Fuel Gas, of the Plainview Code of Ordinances is hereby amended as
follows:
Sec. 3.08.001 Code adopted
Ord. No. 17-3656
2015 Mechanical/Gas/Property Maintenance Codes Page 3 of 8
All installation hereinafter installed within the corporate limits of the city shall be
done in a first class workmanlike manner in accordance with the 9 2015 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 article, with the
additions and deviations therefrom contained in this code.
Sec. 3.08.002 Conformance with code
All fuel gas systems hereafter installed shall conform with the provisions of the 2009 2015
International Fuel Gas Code and any amendments to that code.
Sec. 3.08.003 Amendments
The 2009 2015 International Fuel Gas Code is amended as follows:
Sec. 108.4. Violation penalties. Delete only the following: .
Sec. 108.5. Stop work orders.
_ _ _ . _ _ _ - • - _ _ - _ _ _ _ e _ _ _ " Upon notice from the
code officials that work is being done contrary to the provisions of this code or in a
dangerous or unsafe manner, such work shall immediately cease. Such notice shall be in
writing and shall be given to the owner of the property, or to the owner's authorized agent,
or to the person doing the work. The notice shall state the conditions under which work
is authorized to resume. Where an emergency exists, the code official shall not be
required to give a written notice prior to stopping the work. Any person who shall continue
any work in or about the structure after having been served with a stop work order, except
such work as that person is directed to perform to remove a violation or unsafe condition,
shall be liable for a fine as specified in Section 1.01.009 of the City of Plainview Code of
Ordinances.
Sec. 412.1 General. Motor fuel -dispensing facilities for LP -gas fuel shall be in
accordance with Railroad Commission of Texas rules, this section and the International
Fire Code. The operation of LP -gas motor fuel -dispensing facilities shall be regulated by
the International Fire Code and in accordance with Railroad Commission of Texas rules
Sec. 413.1 General. Motorfuel-dispensing facilities for CNG fuel shall be in accordance
with Railroad Commission of Texas rules, this section and the International Fire Code.
The operation of CNG fuel -dispensing facilities shall be regulated by the International Fire
Code and in accordance with Railroad Commission of Texas rules.
SECTION IV
Article 3.09, MINIMUM HOUSING/DANGEROUS BUILDING CODE, of the
Plainview Code of Ordinances is hereby amended as follows:
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2015 Mechanical/Gas/Property Maintenance Codes Page 4 of 8
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Sec. 3.09.001 Property maintenance code adopted
(a) The International Property Maintenance Code, as copyrighted in 2003 2015, by
the International Code Council, Inc., as hereinafter amended, is specifically adopted as
the minimum housing/dangerous building code for the city, and a copy is attached to
Ordinance 04-03432 and incorporated herein by reference as though set out completely
in detail.
Sec.3.09.002 Amendments to property maintenance code
Sec. 101.3 Intent: Change last sentence to read as follows: amend as follows: This
code shall be construed to secure its expressed intent, which is to ensure public health,
safety, and welfare insofar as they are affected by the continued occupancy and
maintenance of structures and premises. Existing structures and premises that do net
comply #these provisions shall altered or repair d
_ - herein. Repairs, alterations, additions to and change of
occupancy in existing buildings shall comply with the adopted codes and ordinances of
the city.
-.-
Sec. 103.5 Fees. At the end of section add: The fees for activities and services
performed by the department in carrying out its responsibilities under this code shall be
as set and approved by the city council and incorporated into the City of Plainview Code
of Ordinances.
Sec. 107.3.
semicolon.
Sec. 108.4
Method of service. Amend number 2 by deleting and to or after the
the time given, th
art defective equipment a
Sec. 110.3 Failure to comply. Add the following sections:
110.3.1. Cost. The cost of such work shall be paid for and made a special assessment
against the property involved, or may be made a personal obligation of the property
owner, whichever the legislative body of this jurisdiction shall determine is appropriate.
110.3.2. Administrative fee. In addition to collection of the costs and expenses incurred
by correcting the violations of the city code, upon abatement by the city, the city shall
charge the sum of one hundred seventy-five dollars ($175.00) per occurrence, which is
hereby found to be the cost of the city of administering the terms of this policy[The]
administrative fee will be charged per lot, tract, parcel of land, or across the adjacent
sidewalk, parkway or alley, which is hereby found to be the cost to the city of administering
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2015 Mechanical/Gas/Property Maintenance Codes Page 5 of 8
the terms of the provision. The fee can be adjusted upon annual review to correspond to
the actual cost of providing the applicable services.
Section 302.4 Weeds. Insert the following after the first sentence:
Noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants
and vegetation, other than trees or shrubs provided; however, this term shall not include
cultivated flowers and gardens.
Upon failure of the owner or agent having charge of a property to cut and destroy weeds
after service of a notice of violation, they shall be subject to prosecution in accordance
with Section 106.3 and Section 1.01.009 of the City of Plainview Code of Ordinances.
Upon failure to comply with the notice of violation, any duly authorized employee of the
jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the
property in violation and cut and destroy the weeds growing thereon, and the costs of
such removal shall be paid by the owner or agent responsible for the property.
Chapter 8. Referenced Standards. Change table to read as follows:
201.3,302.7.1,101.3,702.3, 702.1
201.3, 702.1, 702.2, 701.1, 704.2
ICC International Code Council
500 New Jersey Avenue, NW
6th Floor
Washington, D.C. 2001
Standard '
reference
number
Title
Referenced
in code
section number
IBC -15
International Building Code®
102.3, 201.3, 401.3, 702.3
IEBC-15
International Existing Building Code ®
305.1.1, 306.1.1
IFC -15
International Fire Code®
201.3,604.3.1.1,604.3.2.1,
702.1, 702.2, 704.1, 704.2
IFGC-15
International Fuel Gas Code ®
102.3
IMC -15
International Mechanical Code®
102.3, 201.3
IPC -15
International Plumbing Code®
201.3, 505.1, 602.2, 602.3,
IRC -15
International Residential Code®
201.3
IZC 15
Zoning, Chapter 14, City of Plainview Code of
102.3, 201.3
Ordinances
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SECTION V
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 VI
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 VII
Severability is intended throughout and within this Ordinance. 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 VIII
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 IX
This ordinance shall be of full force and effect upon its passage and publication as
required by law.
PASSED AND APPROVED on first reading this 25th day of April, 2017.
PASSED AND APPROVED on second reading this 9th day of May, 2017.
Belinda Hinojos
Ord. No. 17-3656
Wendell Dunlap, Mayor
Secretary
2015 Mechanical/Gas/Property Maintenance Codes Page 7 of 8
r
f
I
APPROVED AS TO CONTENT:
Cris Va erde, Comm evelo ment Manager
Community P 9
APPROVED AS TO FORM:
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