18-105 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 18-105
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 2015 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 SYSTEMS, FUEL GAS UTILIZATION
EQUIPMENT, AND RELATED ACCESSORIES 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 3.10, "Fuel Gas Code," of the Code or Ordinances and replace it with a new Article
3.10, "Fuel Gas Code"; 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 Fuel Gas 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 3.10, "Fuel Gas Code," of the Code of Ordinances of the Town of Prosper,
Texas, is hereby repealed in its entirety and replaced with a new Article 3.10, "Fuel Gas Code,"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, 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 Fuel Gas Code for the Town,
regulating the design, installation, maintenance, addition, alteration, and inspection of fuel gas
systems that are permanently installed and utilized to provide control of environmental conditions
1 and related processes within the Town (the "2015 International Fuel Gas Code"). The 2015
International Fuel Gas Code is made a part of this Article as if fully set forth herein. A copy of the
Ordinance No. 18-105, Page 1 of 9
International Fuel Gas Code, 2015 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 2015
International Fuel Gas Code.
Sec. 3.10.002 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, iayor
Ordinance No. 18-105, Page 2 of 9
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APPROVED AS TO FORM AND
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Terrence S. Welch, Town Attorney
Ordinance No. 18-105, Page 3 of 9
Exhibit A
TOWN OF PROSPER AMENDMENTS
2015 INTERNATIONAL FUEL GAS CODE
The following additions, deletions, and amendments to the 2015 International Fuel Gas Code
adopted herein are hereby approved and adopted.
Section [A] 101.1 Title of the 2015 International Fuel Gas Code is amended to read as
follows:
[A] 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 [A] 102.8 Referenced codes and standards of the 2015 International Fuel Gas
Code is amended to read as follows:
[A] 102.8 Referenced codes and standards. The codes, when specifically
adopted, and standards referenced in this Code shall be those that are listed in
Chapter 8 and such codes and standards shall be considered part of the
requirements of this Code to the prescribed extent of each such reference and as
further regulated in Sections 102.8.1 and 102.8.2. Whenever amendments have
been adopted to the reference codes and standards, each reference to said code
and standard shall be considered to reference the amendments as well. Any
reference made 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] 106.3.2 Time limitation of application of the 2015 International Fuel Gas
Code is amended to read as follows:
[A] 106.3.2 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 Fuel Gas 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.
The Code Official is authorized to grant, in writing, one (1) or more extensions of
Ordinance No. 18-105, Page 4 of 9
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 Fuel Gas Code is amended
to read as follows:
[A] 106.6.2 Fee schedule. The fee schedule for all fuel gas 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 Fuel Gas 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 Fuel Gas Code is
amended to read as follows:
[A] 108.4 Violation penalties. Any person who shall violate a provision of this
Code or shall fail to comply with any of the requirements thereof or who shall erect,
install, alter, or repair fuel gas 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 Fuel Gas Code is amended
to read as follows:
[A] 108.5 Stop work orders. Upon notice from the Code Official, work on any fuel
gas 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 exists, the Code Official shall not be
required to give 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,
Ordinance No. 18-105, Page 5 of 9
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 Fuel Gas 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 [M] 306.3 Appliances in attics of the 2015 International Fuel Gas Code is
amended to read as follows:
[M] 306.3 Appliances in attics. Attics containing appliances shall be provided . .
. (bulk of Section unchanged) ... side of the appliance. The clear access opening
dimensions shall be a minimum of twenty inches (20") by thirty inches (30") (508
mm by 762 mm), or larger where such dimensions are not large enough to allow
removal of the largest appliance. A walkway to an appliance shall be rated as a
floor as approved by the Building Official. As 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. 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 ... (bulk of Section unchanged).
Section [M] 306.5 Equipment and appliances on roofs or elevated structures of the
2015 International Fuel Gas Code is amended 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 sixteen feet
(16') (4,877 mm) above grade to access, a permanent interior or exterior means
of access shall be provided. Permanent exterior ladders providing roof access
need not extend closer than twelve feet (12') (3,658 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 (4) units vertical in twelve (12) units horizontal (33% slope)....
{bulk of Section unchanged}.
Section [M] 306.5.1 Sloped roofs of the 2015 International Fuel Gas Code is amended
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 three (3)
Ordinance No. 18-105, Page 6 of 9
units vertical in twelve (12) units horizontal (25% slope) or greater and having an
edge more than thirty inches (30") (762 mm) above grade at such edge, a catwalk
of at least sixteen inches (16") in width with substantial cleats spaced not more
than sixteen inches (16") 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 thirty inches (30") (762 mm) in any dimension and
shall be provided with guards. The guards shall extend not less than forty-two
inches (42") (1,067 mm) above the platform, shall be constructed so as to prevent
the passage of a twenty-one inch (21 ") diameter (533 mm) sphere, and shall
comply with the loading requirements for guards specified in the currently adopted
International Building Code.
Section 306 ACCESS AND SERVICE SPACE of the 2015 International Fuel Gas Code
is amended by adding Section [M] 306.7 Water heaters above ground or floor to read
as follows:
[M] 306.7 Water heaters above ground or floor. When the attic, roof,
mezzanine, or platform in which a water heater is installed is more than eight feet
(8') (2,438 mm) above the ground or floor level, it shall be made accessible by a
stairway or permanent ladder fastened to the building.
Section 401.5 Identification of the 2015 International Fuel Gas Code is amended by
adding 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 402.3 Sizing of the 2015 International Fuel Gas Code is amended by adding an
Exception to read as follows:
Exception:
Corrugated stainless steel tubing (CSST) shall be a minimum of one-half inch
(1/2") (18 EHD).
Section 404.12 Minimum burial depth of the 2015 International Fuel Gas Code is
amended to read as follows:
404.12 Minimum burial depth. Underground piping systems shall be installed a
minimum depth of eighteen inches (18") (458 mm) top of pipe below grade.
Section 406.1 General of the 2015 International Fuel Gas Code is amended to read as
follows:
406.1 General. Prior to acceptance and initial operation, all piping installations
shall be inspected and pressure tested to determine that the materials, design,
Ordinance No. 18-105, Page 7 of 9
fabrication, and installation practices comply with the requirements of this Code.
The permit holder shall make the applicable tests prescribed in Sections 406.1.1
through 406.1.5 to determine compliance with the provisions of this Code. The
permit holder shall give reasonable advance notice to the Code Official when the
piping system is ready for testing. The equipment, material, power, and labor
necessary for the inspections and test shall be furnished by the permit holder and
the permit holder shall be responsible for determining that the work will withstand
the test pressure prescribed in the following tests.
Section 406.4 Test pressure measurement of the 2015 International Fuel Gas Code is
amended 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.
Section 406.4.1 Test pressure of the 2015 International Fuel Gas Code is amended 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 inches (6") (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 6 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 20 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 pounds per square
inch (10 psi) (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 (1 Y2) times the proposed maximum working pressure.
Diaphragm gauges used for testing shall display a current calibration and be in
good working condition. The appropriate test shall be applied to the diaphragm
gauge used for testing.
Section 406.4.2 Test duration of the 2015 International Fuel Gas Code is amended to
read as follows:
406.4.2 Test duration. Test duration shall be held for a length of time satisfactory
to the Code Official, but in no case for less than fifteen (15) minutes. For welded
piping, and for piping carrying gas at pressures in excess of fourteen inches (14")
water column pressure (3.48 kPa), the test duration shall be held for a length of
time satisfactory to the Code Official, but in no case for less than thirty (30)
minutes. {delete remainder of Section in its entirety.}
Ordinance No. 18-105, Page 8 of 9
Section 409.1 General of the 2015 International Fuel Gas Code is amended by adding
Section 409.1.4 Valves in CSST installations 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 twelve inches (12") 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 Pressure regulators of the 2015 International Fuel Gas Code is amended
by adding 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.
Section 621.2 Prohibited use of the 2015 International Fuel Gas Code is amended by
adding an Exception to read as follows:
621.2 Prohibited use. One (1) or more unvented room heaters shall not be used
as the sole source of comfort heating in a dwelling unit.
Exception: Existing approved unvented heaters may continue to be used
in dwelling units, in accordance with the code provisions in effect when
installed, when approved by the Code Official, unless an unsafe condition
is determined to exist as described in Section 108.7.
End of Exhibit "A"
Ordinance No. 18-105, Page 9 of 9