O-2023-09 Adopting 2021 Fuel Gas CodeTOWN OF PROSPER, TEXAS
ORDINANCE NO. 2023-09
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, REPEALING
ARTICLE 3.10, "FUEL GAS CODE," OF THE CODE OF ORDINANCES OF THE
TOWN OF PROSPER AND REPLACING IT WITH A NEW ARTICLE 3.10, "FUEL
GAS CODE"; ADOPTING THE 2021 EDITION OF THE INTERNATIONAL FUEL
GAS CODE, SAVE AND EXCEPT THE DELETIONS AND AMENDMENTS SET
FORTH HEREIN; REGULATING THE DESIGN, INSTALLATION,
MAINTENANCE, ADDITION, ALTERATION, AND INSPECTION OF FUEL GAS
PIPING, FUEL GAS UTILIZATION EQUIPMENT, AND RELATED
ACCESSORIES LOCATED WITHIN THE TOWN OF PROSPER; PROVIDING
FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING
FOR REPEALING, SAVINGS, AND SEVERABILITY CLAUSES; PROVIDING
FOR AN EFFECTIVE DATE OF THIS ORDINANCE AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (the "Town Council"), has
investigated and determined that it would be advantageous and beneficial to the citizens of
Prosper to repeal the existing Article 3.10, "Fuel Gas Code," of the Code of Ordinances and
replace it with a new Article 3.10, "Fuel Gas Code"; and,
WHEREAS, the Town Council has also investigated and determined that it would be
advantageous and beneficial to the citizens of Prosper to adopt the 2021 Edition of the
International Fuel Gas Code, save and except the amendments and deletions set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully set
forth herein.
SECTION 2
Existing Article 3.10, "Fuel Gas Code," of the Code of Ordinances of the Town of Prosper
Texas, is hereby repealed in its entirety and replace with a new Article 3.10, "Fuel Gas Code," to
read as follows:
"ARTICLE 3.10 FUEL GAS CODE
Sec. 3.10.001 Code Adopted; Amendments
The International Fuel Gas Code, 2021 Edition, copyrighted by the International Code Council,
Inc., save and except the deletions and amendments set forth in Exhibit "A," attached hereto and
incorporated herein for all purposes, is hereby adopted as the Fuel Gas Code for the Town,
regulating the design, installation, maintenance, addition, alteration, and inspection of fuel gas
systems, fuel gas utilization equipment, and related accessories within the Town (the "2021
International Fuel Gas Code"). The 2021 International Fuel Gas Code is made a part of this Article
as if fully set forth herein. A copy of the International Fuel Gas Code, 2021 Edition, copyrighted
by the International Code Council, Inc., is on file in the office of the Town Secretary of Prosper
being marked and so designated as the 2021 International Fuel Gas Code."
SECTION 3
Should any section, subsection, sentence, clause, or phrase of this Ordinance be declared
unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any
and all remaining portions of this Ordinance shall remain in full force and effect. The Town hereby
declares that it would have passed this Ordinance, and each section, subsection, sentence,
clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, and phrases be declared unconstitutional or invalid.
SECTION 4
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict; but such repeal shall not abate any pending prosecution from being
commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining
portions of said ordinances shall remain in full force and effect.
SECTION 5
Any person, firm, corporation, or business entity violating this Ordinance shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the
sum of Two Thousand Dollars ($2,000.00), and each and every day such violation shall continue
shall constitute a separate offense.
SECTION 6
This Ordinance shall become effective on April 1, 2023, after its adoption and publication
as required by law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 24TH DAY OF JANUARY, 2023.
David F. Bristol, Mayor
ATTEST:
UA(*k) StAtk��
Michelle Lewis Sirianni, Town Secretary -
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No. 2023-09, Page 2
Of
PRO
Exhibit A
Town of Prosper Amendments to the
2021 International Fuel Gas Code
The following additions, deletions, and amendments to the 2021 International Fuel Gas
Code are hereby approved and adopted.
Section 101.1; change to read as follows:
101.1 Title. These regulations shall be known as the Fuel Gas Code of the Town of Prosper, hereinafter
referred to as "this code."
Section 102.8; change to read as follows:
102.8 Referenced codes and standards. The codes and standards referenced in this code shall be those
that are listed in Chapter 8 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 National Electrical Code shall mean the Electrical Code as adopted.
Section 109.6; change to read as follows:
109.6 Refunds. The Code Official shall authorize the refunding of fees as follows:
1. The full amount of any fee paid hereunder that was erroneously paid or collected.
2. Not more than eighty percent (80%) of the permit fee paid when no work has been done under a
permit issued in accordance with this Code.
3. Not more than eighty percent (80%) of the plan review fee paid when an application for a permit
for which a plan review fee has been paid is withdrawn or canceled before any plan review effort
has been expended.
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.
Section 114.1; change to read as follows:
114.1 Application for appeal. Any person shall have the right to appeal a decision of the Code Official to
the Board of Appeals, as established by ordinance. The Board shall be governed by the Town of Prosper's
enabling ordinance.
Section 115.4; change to read as follows:
115.4 Violation penalties. Persons who shall violate a provision of this code, fail to comply with any of the
requirements thereof or erect, install, alter or repair work in violation of the approved construction
documents or directive of the code official, or of a permit or certificate issued under the provisions of this
code, shall be guilty of a misdemeanor and upon conviction may be fined up to the maximum amount
allowed by Texas law. Each day that a violation continues after due notice has been served shall be deemed
a separate offense.
Ordinance No. 2023-09, Page 3
Section 306.3; change to read as follows:
[M] 306.3 Appliances in attics. Attics containing appliances shall be provided with an opening and
unobstructed passageway large enough to allow removal of the largest appliance. The passageway shall
be not less than 30 inches (762 mm) high and 22 inches (559 mm) wide and not more than 20 feet (6096
mm) in length measured along the centerline of the passageway from the opening to the appliance. The
passageway shall have continuous solid flooring not less than 24 inches (610 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 not less than 20 inches by 30
inches (508 mm by 762 mm) and large enough to allow removal of the largest appliance. A walkway to an
appliance shall be rated as a floor as approved by the Code Official. At a minimum, for access to the attic
space, provide one (1) of the following:
1. A permanent stair;
2. A pull down stair with a minimum 300 lb (136 kg) capacity;
3. An access door from an upper floor level; or,
4. An access panel may be used in lieu of items 1, 2, and 3 with prior approval of the Code Official
due to building conditions.
Exceptions:
1. The passageway and level service space are not required where the appliance is capable of being
serviced and removed through the required opening.
2. Where the passageway is not less than 6 feet (1829 mm) high for its entire length, the passageway
shall be not greater than 50 feet (15 250 mm) in length.
Section 306.5; change to read as follows:
[M] 306.5 Equipment and Appliances on Roofs or Elevated Structures. Where equipment requiring
access or appliances are located on an elevated structure or the roof of a building such that personnel will
have to climb higher than 16 feet (4877 mm) above grade to access, an interior or exterior means of access
shall be provided. Exterior ladders providing roof access need not extend closer than 12 feet (2438 mm) to
the finish grade or floor level below and shall extend to the equipment and appliances' level service space.
Such access shall ... {bulk of section to read the same} ... on roofs having a slope greater than four units
vertical in 12 units horizontal (33-percent slope).... {remainder of text unchanged}.
Section 306.5.1; change to read as follows:
[M] 306.5.1 Sloped roofs. Where appliances, equipment, fans or other components that require service
are installed on a roof having a slope of 3 units vertical in 12 units horizontal (25-percent slope) or greater
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.
Ordinance No. 2023-09, Page 4
Section 401.5; add a second paragraph to read as follows:
Both ends of each section of medium pressure gas piping shall identify its operating gas pressure with an
approved tag. The tags are to be composed of aluminum or stainless steel and the following wording shall
be stamped into the tag:
"WARNING
1/2 to 5 psi gas pressure
Do Not Remove"
Section 404.12; change to read as follows:
404.12 Minimum burial depth. Underground piping systems shall be installed a minimum depth of 18
inches (458 mm) top of pipe below grade.
404.12.1 Delete in its entirety.
Section 406.4; change to read as follows:
406.4 Test pressure measurement. Test pressure shall be measured with a monometer or with a
pressure -measuring device designed and calibrated to read, record, or indicate a pressure loss caused by
leakage during the pressure test period. The source of pressure shall be isolated before the pressure tests
are made. Mechanical gauges used to measure test pressures shall have a range such that the highest
end of the scale is not greater than five times the test pressure. Spring type gauges do not meet the
requirement of a calibrated gauge.
Section 406.4.1; change to read as follows:
406.4.1 Test pressure. The test pressure to be used shall be no less than 3 psig (20 kPa gauge), or at
the discretion of the Code Official, the piping and valves may be tested at a pressure of at least six (6)
inches (152 mm) of mercury, measured with a manometer or slope gauge. For tests requiring a pressure
of 3 psig, diaphragm gauges shall utilize a dial with a minimum diameter of three and one half inches (3
'/2"), a set hand, 1/10 pound incrementation and pressure range not to exceed 15 psi for tests requiring a
pressure of 3 psig. For tests requiring a pressure of 10 psig, diaphragm gauges shall utilize a dial with a
minimum diameter of three and one-half inches (3 1/2"), a set hand, a minimum of 2/10 pound incrementation
and a pressure range not to exceed 50 psi. For welded piping, and for piping carrying gas at pressures in
excess of fourteen (14) inches water column pressure (3.48 kPa) (1/2 psi) and less than 200 inches of
water column pressure (52.2 kPa) (7.5 psi), the test pressure shall not be less than ten (10) pounds per
square inch (69.6 kPa). For piping carrying gas at a pressure that exceeds 200 inches of water column
(52.2 kPa) (7.5 psi), the test pressure shall be not less than one and one-half times the proposed maximum
working pressure.
Diaphragm gauges used for testing must display a current calibration and be in good working condition.
The appropriate test must be applied to the diaphragm gauge used for testing.
Ordinance No. 2023-09, Page 5
Section 409.1; add Section 409.1.4 to read as follows:
409.1.4 Valves in CSST installations. Shutoff valves installed with corrugated stainless steel (CSST)
piping systems shall be supported with an approved termination fitting, or equivalent support, suitable for
the size of the valves, of adequate strength and quality, and located at intervals so as to prevent or damp
out excessive vibration but in no case greater than 12-inches from the center of the valve. Supports shall
be installed so as not to interfere with the free expansion and contraction of the system's piping, fittings,
and valves between anchors. All valves and supports shall be designed and installed so they will not be
disengaged by movement of the supporting piping.
Section 410.1; add a second paragraph and exception to read as follows:
Access to regulators shall comply with the requirements for access to appliances as specified in Section
306.
Exception: A passageway or level service space is not required when the regulator is capable of being
serviced and removed through the required attic opening.
END
Ordinance No. 2023-09, Page 6