18-102 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 18-102
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, REPEALING
ARTICLE 3.07, "PLUMBING," OF THE CODE OF ORDINANCES OF THE
TOWN OF PROSPER AND REPLACING IT WITH A NEW ARTICLE 3.07,
"PLUMBING"; ADOPTING THE 2015 EDITION OF THE INTERNATIONAL
PLUMBING CODE, SAVE AND EXCEPT THE DELETIONS AND
AMENDMENTS SET FORTH HEREIN; REGULATING THE ERECTION,
INSTALLATION, ALTERATION, REPAIRS, RELOCATION, REPLACEMENT,
ADDITION TO, USE OR MAINTENANCE OF PLUMBING SYSTEMS WITHIN
THE TOWN OF PROSPER, TEXAS; 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 ("Prosper"), has investigated
and determined that it would be advantageous and beneficial to the citizens of Prosper to repeal
existing Article 3.07, "Plumbing," of the Code or Ordinances and replace it with a new Article 3.07,
"Plumbing"; and,
WHEREAS, the Town Council also has investigated and determined that it would be
advantageous and beneficial to the citizens of the Prosper to adopt the 2015 Edition of the
International Plumbing Code, save and except the deletions and amendments 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 3.07, "Plumbing," of the Code of Ordinances of the Town of Prosper,
Texas, is hereby repealed in its entirety and replaced with a new Article 3.07, "Plumbing," to read
as follows:
"ARTICLE 3.07 PLUMBING
Sec. 3.07.001 Code Adopted; amendments
The International Plumbing Code, 2015 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 Plumbing Code for the Town,
regulating the erection, installation, alteration, repairs, relocation, replacement, addition to, use or
maintenance of plumbing systems within the Town (the "2015 International Plumbing Code"). The
2015 International Plumbing Code is made a part of this article as if fully set forth herein. A copy
of the International Plumbing Code, 2015 Edition, copyrighted by the International Code Council,
Ordinance No. 18-102, Page 1 of 7
Inc., is on file in the office of the Town Secretary of Prosper being marked and so designated as
the 2015 International Plumbing Code.
Sec. 3.07.002 Penalty for violation
Any person, firm, corporation, or business entity violating this Article shall be deemed guilty of a
misdemeanor, and upon conviction therefore, shall be fined a sum not exceeding Two Thousand
Dollars ($2,000.00), and each and every day that such violation continues shall be considered a
separate offense; provided, however, that such penal provision shall not preclude a suit to enjoin
such violation. The Town retains all legal rights and remedies available to it pursuant to local,
state and federal law."
SECTION 3
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 for violation of
the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for
any violation if occurring prior to the repeal of the ordinance. Any remaining portion of conflicting
ordinances shall remain in full force and effect.
SECTION 4
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason,
held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Ordinance. The Town of Prosper hereby
declares that it would have passed this Ordinance, and each section, subsection, clause or phrase
thereof, irrespective of the fact that any one (1) or more sections, subsections, sentences,
clauses, and phrases be declared unconstitutional.
SECTION 5
This Ordinance shall become effective January 1, 2019, after its passage and publication
as required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS 11T" DAY OF DECEMBER, 2018.
APPROVED:
Ray Smith, Mayor
Ordinance No. 18-102, Page 2 of 7
ATTEST' of PROt
Robyn Battle, rl'own Secretary e
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APPROVED AS TO FORM AND LEGALITY• a
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Terrence S. Welch, Town Attorney
Ordinance No. 18-102, Page 3 of 7
Exhibit A
TOWN OF PROSPER AMENDMENTS
2015 INTERNATIONAL PLUMBING CODE
The following additions, deletions, and amendments to the 2015 International Plumbing Code
adopted herein are hereby approved and adopted.
Section [A] 101.1 Title of the 2015 International Plumbing Code is amended to read as
follows:
[A] 101.1 Title. These regulations shall be known as the Plumbing Code of the
Town of Prosper hereinafter referred to as "this code."
Section [A] 102.8 Referenced codes and standards of the 2015 International Plumbing
Code is amended to read as follows:
[A] 102.8 Referenced codes and standards. The codes and standards
referenced in this Code shall be those that are listed in Chapter 14 and such codes,
when specifically adopted, and standards shall be considered as part of the
requirements of this Code to the prescribed extent of each such reference. Where
the differences occur between provisions of this Code and the referenced
standards, the provisions of this Code shall be the minimum requirements.
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.
Exception: Where enforcement of a code provision would violate the
conditions of the listing of the equipment or appliance, the conditions of the
listing and the manufacturer's installation instructions shall apply.
Section [A] 106.3.3 Time limitation of application of the 2015 International Plumbing
Code is amended to read as follows:
[A] 106.3.3 Time limitation of application. An application for a permit for any
proposed work shall be deemed to have been abandoned ninety (90) days after
the date of filing, unless such application has been pursued in good faith or a permit
has been issued; except that the Code Official shall have the authority to grant one
(1) or more extensions of time for additional periods not exceeding ninety (90) days
each. The extension shall be requested in writing and justifiable caused
demonstrated.
Section [A] 106.5.3 Expiration of the 2015 International Plumbing Code is amended to
read as follows:
[A] 106.5.3 Expiration. Every permit issued shall become invalid unless the work
authorized by such permit is commenced within 180 days after the issuance, or if
the work authorized by such permit is suspended, abandoned, or lacks any
required inspection for a period of 180 days after the time the work is commenced.
Ordinance No. 18-102, Page 4 of 7
The Code Official is authorized to grant, in writing, one (1) or more extensions of
time, for periods not more than 180 days each. The extension shall be requested
in writing and justifiable cause demonstrated.
Section [A] 106.6.2 Fee Schedule of the 2015 International Plumbing Code is amended
to read as follows:
[A] 106.6.2 Fee Schedule. The fee schedule for all plumbing work shall be as
indicated in the Town of Prosper Fee Schedule as adopted by the Town Council.
Section [A] 106.6.3 Fee refunds of the 2015 International Plumbing Code is amended to
read as follows:
[A] 106.6.3 Fee 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 [A] 108.4 Violation penalties of the 2015 International Plumbing Code is
amended to read as follows:
[A] 108.4 Violation penalties. Any person who shall violate a provision of this
Code, shall fail to comply with any of the requirements thereof, or who shall erect,
install, alter or repair plumbing 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.
Section [A] 108.5 Stop work orders of the 2015 International Plumbing Code is
amended to read as follows:
[A] 108.5 Stop work orders. Upon notice from the Code Official, work on any
plumbing 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, the owner's agent, or to the
person doing the work. The notice shall state the conditions under which work is
authorized to resume. Where an emergency exits, the Code Official shall not be
required to give notice prior to stopping the work. Any person who shall continue
Ordinance No. 18-102, Page 5 of 7
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 to a fine as required herein by this Code.
Section [A] 109.1 Application for appeal of the 2015 International Plumbing Code is
amended to read as follows:
[A] 109.1 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 202 GENERAL DEFINITIONS of the 2015 International Plumbing Code,
definition of "SERVICE SINK"" is added to read as follows:
SERVICE SINK: A type of sink suitable for janitorial and building maintenance
purposes. Service sinks include mop sinks/basins, utility tubs/ sinks, and janitor
sinks.
Section 305.4.1 Sewer depth of the 2015 International Plumbing Code is amended to
read as follows:
305.4.1 Sewer depth. Building sewers that connect to private sewage disposal
systems shall be installed not less than twelve inches (12") (305 mm) below
finished grade at the point of septic tank connection. Building sewers shall be
installed not less than twelve inches (12") (305 mm) below grade.
Section 312.10.1 Inspections of the 2015 International Plumbing Code is amended to
read as follows:
312.10.1 Inspections. Inspections, as required by the Town of Prosper, shall be
made of all backflow prevention assemblies and air gaps to determine whether
they are operable. In absence of local provisions, the owner is responsible to
ensure that testing is performed.
Section 312.10.2 Testing of the 2015 International Plumbing Code is amended to read
as follows:
312.10.2 Testing. Reduced pressure principle, double check -valve, pressure
vacuum breaker, reduced pressure detector fire protection, double check detector
fire protection, and spill resistant vacuum breaker backflow preventer assemblies
and hose connection backflow preventers shall be tested at the time of installation,
immediately after repairs or relocation as required by the Town of Prosper. The
testing procedure shall be performed in accordance with one (1) of the following
standards: ASSE 5013, ASSE 5015, ASSE 5020, ASSE 5047, ASSE 5048, ASSE
5052, ASSE 5056, CSA B64.10, or CSA B64.10.1.
Section 314.2.1 Condensate disposal of the 2015 International Plumbing Code is
amended to read as follows:
314.2.1 Condensate disposal. Condensate from all cooling coils and
evaporators shall be conveyed from the drain pan outlet to the sanitary sewer
Ordinance No. 18-102, Page 6 of 7
unless prior approval is granted from the Building Official... (bulk of Section
unchanged) ... Condensate shall not discharge into a street, alley, sidewalk,
rooftop, or other area so as to cause a nuisance.
Section 502.3 Water heaters installed in attics of the 2015 International Plumbing Code
is amended to read as follows:
502.3 Water heaters installed in attics. Attics containing water heaters shall be
provided with an opening and unobstructed passageway large enough to allow
removal of the largest appliance. The passageway shall not be less than thirty
inches (30") (762 mm) high and twenty-two inches (22") (559 mm) wide and not
more than twenty (20) feet (6096 mm) in length measured along the center line of
the passageway from the opening to the water heater. The passageway shall have
continuous unobstructed solid flooring not less than twenty-four inches (24") (610
mm) wide. A level service space not less than thirty inches (30") (762 mm) deep
and thirty inches (30") (762 mm) wide shall be present at the front or service side
of the water heater. The clear access opening dimensions shall be a minimum of
twenty inches (20") by thirty inches (30") (508 mm by 762 mm) or larger, and large
enough to allow removal of the largest water heater. As a minimum, access to the
attic space shall be provided by one (1) of the following:
1. Permanent stairs or ladder fastened to the building;
2. A pull down stair with a 300 lb. rating; or
3. An access door from an upper floor.
Section 504.6 Requirements for discharge piping, Item 10. of the 2015 International
Plumbing Code is amended to read as follows:
10. Not terminate less than six inches (6") (152 mm) or more than twenty-four
inches (24") (610 mm) above grade nor more than six inches (6") (152 mm)
above the waste receptor.
Section 903.1 Roof extension of the 2015 International Plumbing Code is amended to
read as follows:
903.1 Roof extension. Open vent pipes that extend through a roof shall be
terminated not less than six inches (6") (152 mm) above the roof, except that where
a roof is to be used for any purpose other than weather protection, the vent
extensions shall terminate not less than seven feet (7) (2,134 mm) above the roof.
Section 1003.3 Grease interceptors of the 2015 International Plumbing Code is
amended by adding Section 1003.3.8 Location of grease interceptors to read as
follows:
1003.3.8; Location of grease interceptors. Grease interceptors covered under
Section 1003.3 shall not be located inside buildings without written permission
from the Town's Health Division. All grease interceptors installed on the exterior
of a building shall be located in ground. Grease interceptors shall not be located
in heavy or vehicular traffic areas without written permission from the Code
Official.
End of Exhibit "A"
Ordinance No. 18-102, Page 7 of 7