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01.09.18 Town Council Regular Meeting PacketPage 1 of 3 ] Prosper is a place where everyone matters. 1. Call to Order/Roll Call. 2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. 3. Announcements of recent and upcoming events. 4. Presentations. • 2018 It’s Time Texas Community Challenge. (JS) 5. CONSENT AGENDA: (Items placed on the Consent Agenda are considered routine in nature and non- controversial. The Consent Agenda can be acted upon in one motion. Items may be removed from the Consent Agenda by the request of Council Members or staff.) 5a. Consider and act upon minutes from the following Town Council meeting. (RB) • Regular Meeting – December 12, 2017 5b. Consider and act upon an ordinance amending Section 3.11.001, “Adopted,” of Article 3.11, “Property Maintenance Code,” of Chapter 3, “Building Regulations,” of the Town’s Code of Ordinances by repealing said section in its entirety and replacing it with new Section 3.11.001, “Adopted,” of Article 3.11, “Property Maintenance Code,” of Chapter 3, “Building Regulations,” by adopting the 2015 Edition of the International Property Maintenance Code, save and except the amendments set forth herein. (JW) 5c. Consider and ratify the execution by the Town Manager of Change Order Number 22, to Pogue Construction Co., L.P., related to construction services for Town of Prosper Town Hall/Multi-Purpose Facility. (HW) 5d. Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of the Town Council to the Development Services Department, pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning Ordinance, regarding action taken by the Planning & Zoning Commission on any Site Plan or Preliminary Site Plan. (AG) 6. CITIZEN COMMENTS: The public is invited to address the Council on any topic. However, the Council is unable to discuss or take action on any topic not listed on this agenda. Please complete a “Public Meeting Appearance Card” and present it to the Town Secretary prior to the meeting. AGENDA Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, January 9, 2018 6:00 p.m. Page 2 of 3 REGULAR AGENDA: If you wish to address the Council during the regular agenda portion of the meeting, please fill out a “Public Meeting Appearance Card” and present it to the Town Secretary prior to the meeting. Citizens wishing to address the Council for items listed as public hearings will be recognized by the Mayor. Those wishing to speak on a non-public hearing related item will be recognized on a case-by-case basis, at the discretion of the Mayor and Town Council. PUBLIC HEARINGS: 7. Conduct a Public Hearing, and consider and act upon an ordinance amending Special Purpose Sign District-6 (SPSD-6), for wall signage in Prosper Town Center, located on the northeast corner of Preston Road and First Street. (MD17-0008). (AG) DEPARTMENT ITEMS: 8. Consider and act upon two ordinances and two resolutions, as follows: (1) an ordinance creating a Crime Control and Prevention District; (2) an ordinance creating a Fire Control, Prevention, and Emergency Medical Services District, with both districts funded by the elimination of the 0.50% sales and use tax for property tax relief and the reallocation of such sales and use tax by 0.25% to each specified district; (3) a resolution appointing the current Special Purpose District Committee members as the temporary board of directors for the Crime Control and Prevention District; and (4) a resolution appointing the current Special Purpose District Committee members as the temporary board of directors for the Fire Control, Prevention, and Emergency Medical Services District. (KN) 9. Consider and act upon a Site Plan, Landscape Plan, and Façade Plan for a retail building in Shops at Prosper Trail, on 2.7± acres, located on the southeast corner of Preston Road and St. Peter Lane. The property is zoned Planned Development-68-Retail (PD-68-R). (D17-0070). (AG) 10. Consider and act upon awarding Bid No. 2018-39-B to Reytech Services, LLC., related to construction services for the DNT Reconstruction US 380 North project; and authorizing the Town Manager to execute a construction agreement for same. (FJ) 11. EXECUTIVE SESSION: Recess into Closed Session in compliance with Section 551.001 et seq. Texas Government Code, as authorized by the Texas Open Meetings Act, to deliberate regarding: 11a. Section 551.087 – To discuss and consider economic development incentives. 11b. Section 551.072 – To discuss and consider purchase, exchange, lease or value of real property for municipal purposes and all matters incident and related thereto. 11c. Section 551.074 – To discuss appointments to the Board of Adjustment/Construction Board of Appeals, Parks & Recreation Board, Library Board, Prosper Economic Development Corporation Board, and Planning & Zoning Commission. 12. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. Page 3 of 3 13. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. 14. Adjourn. CERTIFICATION I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper Town Hall, located at 121 W. Broadway Street, Prosper, Texas 75078, a place convenient and readily accessible to the general public at all times, and said Notice was posted by 5:00 p.m., on January 5, 2018, and remained so posted at least 72 hours before said meeting was convened. _______________________________ _________________________ Robyn Battle, Town Secretary Date Notice Removed Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right to consult in closed session with its attorney and to receive legal advice regarding any item listed on this agenda. NOTICE Pursuant to Town of Prosper Ordinance No. 13-63, all speakers other than Town of Prosper staff are limited to three (3) minutes per person, per item, which may be extended for an additional two (2) minutes with approval of a majority vote of the Town Council. NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council meetings are wheelchair accessible. For special services or assistance, please contact the Town Secretary’s Office at (972) 569- 1011 at least 48 hours prior to the meeting time. Page 1 of 7 ] Prosper is a place where everyone matters. 1. Call to Order/Roll Call. The meeting was called to order 6:00 p.m. Council Members Present: Mayor Ray Smith Mayor Pro-Tem Curry Vogelsang, Jr. Deputy Mayor Pro-Tem Jason Dixon Councilmember Michael Korbuly Councilmember Kenneth Dugger Councilmember Jeff Hodges Council Members Absent: Councilmember Meigs Miller Staff Members Present: Harlan Jefferson, Town Manager Robyn Battle, Town Secretary/Public Information Officer Terrence Welch, Town Attorney Hulon Webb, Executive Director of Development and Community Services John Webb, Development Services Director Alex Glushko, Planning Manager Steve Glass, Deputy Director of Engineering Services Dudley Raymond, Parks and Recreation Director Michael Bulla, CIP Project Manager Kelly Neal, Finance Director LaShon Ross, Interim Director of Human Resources Doug Kowalski, Police Chief Stuart Blasingame, Fire Chief 2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Pastor Steve Smotherman led the invocation. The Pledge of Allegiance and the Pledge to the Texas Flag were recited. 3. Announcements of recent and upcoming events. Councilmember Dugger read the following announcements: Thanks to everyone who attended the Prosper Christmas Parade and Festival on December 3 at Frontier Park. Approximately 8,000 people came out to help celebrate the holiday season and show Prosper’s hometown spirit. MINUTES Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway Street Prosper, TX 75078 Tuesday, December 12, 2017 Item 5a Page 2 of 7 On December 9, the Library held a Polar Express Holiday event, and the Fire Department hosted Coats and Cookies. Residents donated over 50 coats and several unwrapped toys on behalf of Cornerstone North Central Texas. Town offices will be closed on Monday, December 25, Tuesday, December 26, and Monday, January 1, for the Christmas and New Year’s holidays. The Town Council would like to remind everyone that the December 26 Town Council meeting has been canceled. We would all like to wish everyone a very Merry Christmas and a Happy New Year. The Town Council congratulated the Prosper High School Football Team on their successful season. 4. Presentations. • Presentation of a Proclamation to the Prosper High School Varsity Volleyball Team in recognition for winning the UIL 5A State Volleyball Championship. (RB) Coach Erin Kaufmann and members of the Prosper Lady Eagles Volleyball Team were present to receive the Proclamation and letters of recognition from Mayor Smith. 5. CONSENT AGENDA: (Items placed on the Consent Agenda are considered routine in nature and non- controversial. The Consent Agenda can be acted upon in one motion. Items may be removed from the Consent Agenda by the request of Council Members or staff.) 5a. Consider and act upon minutes from the following Town Council meeting. (RB) • Regular Meeting – November 28, 2017 5b. Receive the October Financial Report (KN) 5c. Consider and act upon Ordinance No. 17-87 increasing the maximum combined rates of the Town’s normal contributions and prior service contributions to the Texas Municipal Retirement System at a rate that does not exceed 15.50%. (LR) 5d. Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of the Town Council to the Development Services Department, pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning Ordinance, regarding action taken by the Planning & Zoning Commission on any Site Plan or Preliminary Site Plan. (AG) Councilmember Dugger made a motion and Councilmember Hodges seconded the motion to approve all items on the Consent Agenda. The motion was approved by a vote of 6-0. 6. CITIZEN COMMENTS: The public is invited to address the Council on any topic. However, the Council is unable to discuss or take action on any topic not listed on this agenda. Please Item 5a Page 3 of 7 complete a “Public Meeting Appearance Card” and present it to the Town Secretary prior to the meeting. There were no Citizen Comments. REGULAR AGENDA: If you wish to address the Council during the regular agenda portion of the meeting, please fill out a “Public Meeting Appearance Card” and present it to the Town Secretary prior to the meeting. Citizens wishing to address the Council for items listed as public hearings will be recognized by the Mayor. Those wishing to speak on a non-public hearing related item will be recognized on a case-by-case basis, at the discretion of the Mayor and Town Council. DEPARTMENT ITEMS: 7. Consider the Special Purpose District Committee’s recommendation to call an election to create two special purpose districts: Crime Control and Prevention District and a Fire Control, Prevention, and Emergency Medical Services District with those districts funded by the elimination of the 0.50% sales and use tax property tax relief; reallocate such sales and use tax by 0.25% to each specified district; and the current special purpose district committee members be appointed as the temporary board. (KN) Finance Director Kelly Neal presented this item before the Town Council. The Special Purpose District Committee, which was appointed by the Town Council in October 2017, has met with Town staff members over the past two months to receive information and deliberate options for a Special Purpose District for the Town. At the conclusion of their meetings, the Committee members voted unanimously to recommend the Town Council call an election to eliminate the current 0.50% sales and use tax for property tax relief, and to establish a Crime Control and Prevention District and a Fire Control, Prevention, and Emergency Medical Service District. Each district is to be supported with a 0.25% dedicated sales and use tax revenue stream. Ms. Neal reviewed the requirements for the establishment of the two districts, as required by state law. On January 9, 2018, the Town Council will consider action to create the districts and appoint each district’s Temporary Board of Directors. Creation of both districts will require approval of the voters of the Town of Prosper; therefore, the Town Council must call an election on or before February 13, 2018. An election called for this purpose would be held on May 5, 2018. Committee members Sarah Peterson and David Bristol each addressed the Town Council and presented their reasons for supporting the creation of the Special Purpose Districts. Ms. Peterson and Mr. Bristol both stated that the Committee thoroughly reviewed all options available for the Town, and agreed on the two recommendations that have been provided to the Council for consideration. Committee Chairman Curry Vogelsang, Jr., provided information on the establishment of a permanent Board of Directors for each district, stating that the Town Council will have the option of establishing a permanent Board after the election. The Council may choose to appoint itself as the Board of Directors for each District. Item 5a Page 4 of 7 Town Attorney Terry Welch replied to a question from the Council stating that any land annexed into the Town after the establishment of the Special Purpose Districts would be subject to the collection of sales tax for those respective districts. No further action was taken. 8. Consider and act upon amending Ordinance No. 16-55 (FY 2016-2017 Budget). (KN) Finance Director Kelly Neal presented this item before the Town Council. The proposed ordinance will amend final departmental balances for the FY 2016-2017 Budget. Councilmember Dugger made a motion and Councilmember Korbuly seconded the motion to approve Ordinance No. 17-88 amending Ordinance No. 16-55 (FY 2016-2017 Budget) to fund increased revenues, transfers in, transfer out, and expenditures in the Special Revenue Funds including TIRZ #1 and TIRZ #2, Water-Sewer Fund, VERF, Storm Drainage Fund, Park Improvement Fund, West Thoroughfare Impact Fees Fund, and Water-Sewer CIP Fund. The motion was approved by a vote of 6-0. 9. Consider and act upon amending Ordinance No. 17-65 (FY 2017-2018 Budget) and Capital Improvement Plan. (KN) Finance Director Kelly Neal presented this item before the Town Council. The proposed ordinance will amend balances in the General Fund, Special Revenue Fund, West Thoroughfare Impact Fee Fund, and Water-Sewer Utility Fund, and roll forward purchase order balances from FY 2016-2017 to the current fiscal year. Councilmember Dugger made a motion and Mayor Pro-Tem Vogelsang seconded the motion to approve Ordinance No. 17-89 amending Ordinance No. 17-65 (FY 2017-2018 Budget) and Capital Improvement Plan to provide funding for increased expenditures in the General Fund, Special Revenue Fund, West Thoroughfare Impact Fee Fund, Water- Sewer Utility Fund, and Stormwater Drainage Utility Fund. The motion was approved by a vote of 6-0. 10. Consider and act upon an ordinance amending Subsections (b) and (c) of Section 10.01.001, “Engineering Design Standards,” of Article 10.01, “General Provisions,” of Chapter 10, “Subdivision Regulation,” of the Town’s Code of Ordinances by adopting new Water System Design Requirements and new Wastewater System Design Requirements. (SG) Steve Glass, Deputy Director of Engineering Services, presented this item before the Town Council. Town staff and the Prosper Developer’s Council have reviewed the Town’s standards relating to water and wastewater system design. Mr. Glass provided an overview of the proposed changes to the Town’s standards. Councilmember Dugger made a motion and Councilmember Korbuly seconded the motion to approve Ordinance No. 17-90 amending Subsections (b) and (c) of Section 10.01.001, “Engineering Design Standards,” of Article 10.01, “General Provisions,” of Chapter 10, “Subdivision Regulation,” of the Town’s Code of Ordinances by adopting new Water System Design Requirements and new Wastewater System Design Requirements. The motion was approved by a vote of 6-0. Item 5a Page 5 of 7 11. Consider and act upon authorizing the Town Manager to execute a Professional Engineering Services Agreement between Garver, LLC, and the Town of Prosper, Texas, related to the design of the Cook Lane and E-W Collector project. (SG) Steve Glass, Deputy Director of Engineering Services, presented this item before the Town Council. The scope of the proposed contract includes right-of-way documents, geotechnical borings near the proposed box culverts and the design of a 36-foot, two-lane concrete section for Cook Lane and the E-W Collector, including a right turn lane on the North Dallas Parkway, as well as the design of the storm sewer system. The design plans are scheduled to be complete in August 2018. Mr. Glass confirmed that most of the land acquisition needed for the project is already in progress. Councilmember Hodges made a motion and Councilmember Korbuly seconded the motion to authorize the Town Manager to execute a Professional Engineering Services Agreement between Garver, LLC, and the Town of Prosper, Texas, related to the design of the Cook Lane and E-W Collector project. The motion was approved by a vote of 6-0. 12. Consider and act upon authorizing the Town Manager to execute a Professional Engineering Services Agreement between BW2 Engineers, Inc., and the Town of Prosper, Texas, related to the design of the Whitley Park Trail Extension project. (DR) Dudley Raymond, Parks and Recreation Director, presented this item before the Town Council. The proposed contract will provide a critical link in the overall trail system on the east side of Town. This connection will be from the trail in Whitley Place Park to Prosper Road (Cockrell Elementary School) and include amenities such as picnic tables and a pavilion adjacent to the existing playground. The proposed design services for the project include design development, construction drawings, boundary and topographic surveying, hydraulic analysis and report, geotechnical exploration, and required engineering. Responding to a question from the Town Council, Mr. Raymond responded that whenever possible, the Town requires developers to build trails at the time of development; however, that is not always possible due to the location of the trail, existing easements, or the timing of the development. While it is possible for some projects to be designed by Town staff, it is often necessary to use outside firms due to the scope of work and the technical skills necessary for complex projects. After discussion, Councilmember Korbuly made a motion and Councilmember Hodges seconded the motion to authorize the Town Manager to execute a Professional Engineering Services Agreement between BW2 Engineers, Inc., and the Town of Prosper, Texas, related to the design of the Whitley Park Trail Extension project. The motion was approved by a vote of 5-1, with Councilmember Dugger casting the opposing vote. 13. Discussion on adopting the 2015 International Property Maintenance Code. (JW) Development Services Director John Webb presented this item before the Town Council. The Town currently operates under the 2006 International Property Maintenance Code. Similar to the recently adopted Food Establishment Ordinance, staff wants to ensure the Town remains current with adopted codes pertaining to public health, safety, and welfare. For the most part, the changes between the 2006 and 2015 Codes are technical in nature, but reflect the recognized best practices. Mr. Webb reviewed a list of key changes. Town staff will bring forward a proposed ordinance for the Town Council to consider at a future Item 5a Page 6 of 7 meeting. Mr. Webb responded to a question from the Town Council regarding bulk trash pickup, noting that some residents have experienced problems with bulk trash service. No further action was taken. 14. Discussion on proposed amendments to the Sign Code. (MD17-0009). (JW) Development Services Director John Webb presented this item before the Town Council. The most recent amendment to the Sign Code occurred in 2010. Town staff is recommending the Town’s Sign Code be amended in its entirely due to recent changes in legislation, requests from non-residential developers for variances to the current Sign Code, and Town staff’s desire to provide a balance of adequate signage to identify the location of businesses. Mr. Webb reviewed a list of proposed changes. Town Attorney Terry Welch stated that he and Town staff will continue to work on revisions to the Sign Code to address key issues created by recent legislation, particularly for temporary signs and political signs. A proposed ordinance will be brought forward for the Town Council to consider at a future meeting. No further action was taken. 15. EXECUTIVE SESSION: Recess into Closed Session in compliance with Section 551.001 et seq. Texas Government Code, as authorized by the Texas Open Meetings Act, to deliberate regarding: 15a. Section 551.087 – To discuss and consider economic development incentives. 15b. Section 551.072 – To discuss and consider purchase, exchange, lease or value of real property for municipal purposes and all matters incident and related thereto. The Town Council recessed into Executive Session at 7:35 p.m. 16. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. The Town Council reconvened the Regular Session at 8:15 p.m. No action was taken as a result of Executive Session. 17. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. • Update on Downtown Road Projects. (MB) CIP Project Manager Michael Bulla updated the Town Council on the road projects occurring in the downtown area. Reconstruction of Main Street south of Broadway is progressing, and the design of Main Street North is underway. The Council provided direction to include removable traffic bollards at key intersections on the perimeter of the downtown area in the design of the downtown area improvements. Town staff will confirm that the construction timeline ensures that Main Street and Broadway will not be under construction at the same time in an effort to prevent downtown businesses from being negatively impacted. Item 5a Page 7 of 7 • US 380 Median Improvements Update (DR) Dudley Raymond, Parks and Recreation Director, provided an update on the US 380 Median Improvements Project. Town staff has contacted the Cities of Frisco and McKinney regarding median improvements to sections of US 380, including landscaping and lighting. Staff will bring forward an Interlocal Agreement with both entities at a future meeting regarding each entity’s participation in the median improvements. He reviewed the timeline for obtaining Green Ribbon Funding from TxDOT regarding US 380 and the Town’s Gateway Monument on SH 289. The Council agreed to use the City of Frisco’s street light pole design along US 380, rather than the street light pole design used by the Town on SH 289, since Frisco will maintain the lights. • Discussion on Amending the Zoning Ordinance Regarding Cell Towers. (JW) Development Services Director John Webb briefed the Council on a recent request from AT&T for a temporary cell tower near the intersection of Teel Parkway and Fishtrap Road to accommodate their customers. AT&T is looking for a permanent location in far west Prosper. Town staff will propose a revision to the Town’s Zoning Ordinance to allow for a Specific Use Permit for a temporary cell tower at a future Council meeting. 18. Adjourn. The meeting was adjourned at 8:45 p.m., on Tuesday, December 12, 2017. These minutes approved on the 9th day of January 2018. APPROVED: Ray Smith, Mayor ATTEST: Robyn Battle, Town Secretary Item 5a Page 1 of 2 To: Mayor and Town Council From: John Webb, AICP, Director of Development Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – January 9, 2018 Agenda Item: Consider and act upon an ordinance amending Section 3.11.001, “Adopted,” of Article 3.11, “Property Maintenance Code,” of Chapter 3, “Building Regulations,” of the Town’s Code of Ordinances by repealing said section in its entirety and replacing it with new Section 3.11.001, “Adopted,” of Article 3.11, “Property Maintenance Code,” of Chapter 3, “Building Regulations,” by adopting the 2015 Edition of the International Property Maintenance Code, save and except the amendments set forth herein. Background/Description of Agenda Item: During the December 12, 2017, Town Council meeting, staff discussed the need to adopt the most current version of the International Property Maintenance Code (Code). The Town currently operates under the 2006 Code. Similar to the recently adopted Food Establishment Ordinance, staff wants to ensure the Town strives to keep current with adopted codes pertaining to public health, safety and welfare. While the Property Maintenance Code provides standards for interiors of structures, its primary use in Prosper is to: 1) provide the necessary standards and tools to maintain the integrity of the exterior of structures and properties; 2) prevent the decline or blighting effects on neighborhoods; 3) ensure property values are protected; and 4) ensure the quality of life is preserved in the Town. Similar to the 2006 Code, the 2015 Code contains a list of local amendments. This is similar to the Town’s building, electrical, plumbing, etc., codes that make certain the adopted version does not conflict with other codes in the Town, nor mandate desired lesser or greater standards. As discussed during the December 12, 2017, meeting, the 2015 Code is silent regarding bulk trash in residential areas. When bulk trash is placed near the street and remains uncollected for an extended period of time, it has a negative impact on the neighborhood. The attached ordinance contains the following provision: “Section 308.4 Residential Bulk Waste. Every occupant of a residential structure shall place bulk waste, including but not limited to vegetation, tree limbs, appliances, furniture or any household goods intended for disposal no earlier than 48 hours prior to the scheduled date for bulk pick-up. If required, it shall be the responsibility of the occupant to notify the bulk collection agency of the need to collect the material.” Prosper is a place where everyone matters. PLANNING Item 5b Page 2 of 2 It is also important to note the 2015 International Property Maintenance Code will serve as the base guide for developing the multifamily rental inspection program as previously discussed with the Town Council. Legal Obligations and Review: The ordinance was reviewed and approved by Terrence Welch of Brown & Hofmeister, L.L.P., as to form and legality. Attached Documents: 1. Ordinance adopting the 2015 International Property Maintenance Code with amendments 2. 2015 International Property Maintenance Code Town Staff Recommendation: Town recommends that the Town Council approve the ordinance. Proposed Motion: I move to approve an ordinance amending Section 3.11.001, “Adopted,” of Article 3.11, “Property Maintenance Code,” of Chapter 3, “Building Regulations,” of the Town’s Code of Ordinances by repealing said section in its entirety and replacing it with new Section 3.11.001, “Adopted,” of Article 3.11, “Property Maintenance Code,” of Chapter 3, “Building Regulations,” by adopting the 2015 Edition of the International Property Maintenance Code, save and except the amendments set forth herein. Item 5b TOWN OF PROSPER, TEXAS ORDINANCE NO. 18-__ AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING SECTION 3.11.001, “ADOPTED,” OF ARTICLE 3.11, “PROPERTY MAINTENANCE CODE,” OF CHAPER 3, “BUILDING REGULATIONS,” OF THE TOWN’S CODE OF ORDINANCES BY REPEALING SAID SECTION IN ITS ENTIRETY AND REPLACING IT WITH A NEW SECTION 3.11.001, “ADOPTED,” OF ARTICLE 3.11, “PROPERTY MAINTENANCE CODE,” OF CHAPER 3, “BUILDING REGULATIONS,” BY ADOPTING THE 2015 EDITION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE, SAVE AND EXCEPT THE AMENDMENTS SET FORTH HEREIN, SPECIFICALLY (1) REGULATING ALL EXISTING RESIDENTIAL AND NONRESIDENTIAL STRUCTURES AND ALL EXISTING PREMISES BY ESTABLISHING MINIMUM REQUIREMENTS AND STANDARDS FOR PREMISES, STRUCTURES, EQUIPMENT, AND FACILITIES FOR LIGHT, VENTILATION, SPACE, HEATING, SANITATION, PROTECTION FROM THE ELEMENTS, LIFE SAFETY, SAFETY FROM FIRE AND OTHER HAZARDS, AND FOR SAFE AND SANITARY MAINTENANCE; (2) DELINEATING THE RESPONSIBILITY OF OWNERS, OPERATORS AND OCCUPANTS; (3) ADDRESSING THE OCCUPANCY OF EXISTING STRUCTURES AND PREMISES; AND (4) THE ADMINISTRATION, ENFORCEMENT AND PENALTIES 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. WHEREAS, the Town Council of the Town of Prosper, Texas (“Town Council”), has investigated and determined that it would be advantageous and beneficial to the citizens of the Town of Prosper, Texas (“Prosper”), to repeal the existing property maintenance code contained in Article 3.11, “Property Maintenance Code,” of Chapter 3, “Building Regulations,” of the Town’s Code of Ordinances and replace it with an updated version of same; and WHEREAS, the Town Council has further investigated and determined that it would be advantageous and beneficial to the citizens of Prosper to adopt the 2015 Edition of the International Property Maintenance Code, copyrighted by the International Code Council, Inc., save and except the amendments set forth in Exhibit “A,” attached hereto and incorporated herein for all purposes. 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. Item 5b Ordinance No. 18-___, Page 2 SECTION 2 From and after the effective date of this Ordinance, existing Section 3.11.001, “Adopted,” of Article 3.11, “Property Maintenance Code,” of Chapter 3, “Building Regulations,” of the Town’s Code of Ordinances is hereby repealed in its entirety and replaced with a new Section 3.11.001, “Adopted,” of Article 3.11, “Property Maintenance Code,” of Chapter 3, “Building Regulations,” of the Town’s Code of Ordinances to read as follows: “Sec. 3.11.001 Adopted The 2015 International Property Maintenance Code, copyrighted by the International Code Council, Inc., save and except the amendments set forth in Exhibit “A,” attached hereto and incorporated herein for all purposes, is hereby adopted as the property maintenance code for the town, regulating all existing residential and nonresidential structures and all existing premises by establishing minimum requirements and standards for premises, structures, equipment, and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance within the town (the “2015 International Property Maintenance Code”'). The 2015 International Property Maintenance Code, save and except the amendments set forth in Exhibit “A,” is made a part of this Ordinance as if fully set forth herein. Three (3) copies of the 2015 International Property Maintenance Code, copyrighted by the International Code Council, Inc., are on file in the office of the town secretary, being marked and designated as the 2015 International Property Maintenance Code.” SECTION 3 Any person, firm, corporation or business entity violating this Ordinance 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 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 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 5 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 hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional. Item 5b Ordinance No. 18-___, Page 3 SECTION 6 This Ordinance shall become effective 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 9TH DAY OF JANUARY, 2018. APPROVED: ________________________________ Ray Smith, Mayor ATTEST: ___________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: __________________________________ Terrence S. Welch, Town Attorney Item 5b Ordinance No. 18-___, Page 4 Exhibit A Amendments to 2015 International Property Maintenance Code Preface to Amendments to 2015 International Property Maintenance Code. The governing regulations are the 2015 International Property Maintenance Code, and the amendments described below. In the event of a conflict with the 2015 International Property Maintenance Code and any of the amendments, the amendment shall control. Section 101.1 Title. These regulations shall be known as the Property Maintenance Code of the Town of Prosper, Texas, hereinafter referred to as “this code”. Section 101.3 Intent. 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 not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein. Repairs, alterations, additions to and change of occupancy in existing buildings shall comply with the Town of Prosper's Building, Electrical, Mechanical, Plumbing, Fire, and Health Codes, as they currently exist or may be amended, and the Town of Prosper Zoning and Subdivision Ordinances, as they currently exist or may be amended. Section 102.3 Application of other Codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the Town of Prosper Building, Electrical, Mechanical, Plumbing, Fire, and Health & Sanitation Codes as they currently exist or may be amended, and the Town of Prosper Zoning and Subdivision Ordinances, as they currently exist or may be amended. Nothing in this code shall be construed to cancel, modify or set aside any provision of the Town of Prosper Zoning and/or Subdivision Ordinances, as they currently exist or may be amended. Likewise, if there is a conflict between this code and Section 3.12, “Vacant and Substandard Structures,” of Chapter 3, “Building Regulations,” of the Town of Prosper's Code of Ordinances; Section 3.12 “Vacant and Substandard Structures” of Chapter 3, “Building Regulations,” of the Town of Prosper's Code of Ordinances, shall exclusively control. Section 102.7 Referenced Codes and Standards. The codes and standards referenced in this code shall be the Town of Prosper Zoning and Subdivision Ordinances, as they currently exist or may be amended, and the Building, Electrical, Mechanical, Plumbing, Fire, and Health & Sanitation Codes adopted by the Town of Prosper, as they currently exist or may be amended. Where differences occur between provisions of this code and the referenced standards, the most restrictive code shall apply. Section 103.5 Fees. The fees are established in appendix A of the Code of Ordinances. Section 104.1 General. The code official or his/her designee shall enforce the provisions of this code. Section 106.4 Violation Penalties. Any owner of record who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the time limits provided by the Town of Prosper. Each day that a violation continues after due notice has been serviced shall be deemed a separate offense. Item 5b Ordinance No. 18-___, Page 5 106.4.1 Citations; Work or Improvements by Prosper; Charges against Owner. If the owner fails or refuses to comply with the demand for compliance in the notification within the requirements of such notification, the Town of Prosper may: (a) issue citations as provided in Section 107, Notices and Orders, as it currently exists or may be amended; and (b) do work or make improvements required to abate the violation(s), pay for the work done or improvements made, and charge the expenses to the owner of the property as provided herein. The property owner will have twenty (20) days to reimburse the Town of Prosper from the completion date of such work to abate the violation(s) at property. 106.4.2 Assessment of Expenses; Lien. (a) In the event the Owner fails or refuses to pay such expenses charged to the owner, within twenty (20) days after the abatement work is completed, a lien may be obtained. The lien and other expenses incurred by the Town of Prosper may be filed against the property. Expenses will include, but not be limited to the following: (1) Fees for service work to abate violation(s); (2) Administrative Fee established in appendix A of the Code of Ordinances. (3) Fees to file lien; (4) Fees to release lien; (5) Postage fees; (6) Courier fees; (7) Legal fees; and (8) Any other fees charged to the Town of Prosper. To obtain a lien, the Town Manager or his/her designee, or the Town of Prosper's Code Enforcement Official, Health Authority, or other authorized Town Official or employee, must file a statement of the expenses incurred to correct the condition of the real property with the County Clerk of the County in which the property is located. The statement must also state the name of the Owner, if known, and the legal description of the property. The lien attaches upon filing of the statement with the County Clerk. (b) The Town of Prosper's lien shall be a prior lien on such property, second only to tax liens and liens for street improvements. The lien amount shall include simple interest, which shall accrue at the rate of ten percent (10%) per annum on the date the expenses were incurred by the Town of Prosper. The Town of Prosper may bring suit for foreclosure to recover the expenditures and the interest due. Section 107.3 Method of Service. Such notice shall be deemed to be properly served if a copy thereof is: (a) Delivered personally to the property Owner and/or to the person responsible for the violation in writing; (b) Sent by letter addressed to the property Owner at the property Owner's address as recorded in the appraisal district records of the appraisal district in which the property is located or sent by letter addressed to the person responsible for the violation; or (c) If personal service of the property Owner cannot be obtained; Item 5b Ordinance No. 18-___, Page 6 (1) by publication in the Town's official newspaper at least once; or (2) by posting on or near the front door of each building on the property to which the violation relates; or (3) by posting a notice to a placard attached to the building or stake driven into the ground on the property to which the violation relates. (d) If the Town mails a notice to the property owner in accordance with this Section, and the United States Postal Service returns the notice as “refused”, “unclaimed”, or if the address required by subsection 107.3(2) was used and the notice is returned as “not deliverable as addressed” (or equivalent marking), the validity of the notice is not affected, and is considered as delivered. Section 109.5 Costs of Emergency Repairs. Costs incurred in the performance of emergency work shall be paid by the Town of Proper and may be reimbursed by the property owner. The Town of Prosper may seek reimbursement from the property owner for the performance of emergency work. The legal counsel of the Town of Prosper may institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs. Section 111.1 Written Explanation for Appeal. The Town of Prosper Construction Board of Appeals will serve as the Board of Appeals. Any person directly affected by a decision of the code official or his/her designee or a notice or order issued under this code shall have the right to appeal to the Construction Board of Appeals, provided that a written explanation for appeal is filed within twenty (20) days after the day the decision, notice or order was served. A written explanation for appeal shall be based on a claim that the true intent of this code or the rules legally adopted there under have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means. Section 202 Definition of “Easement.” The definition of an “easement” shall be the definition of that term as found in the Town of Prosper Subdivision Ordinance as it currently exists or may be amended. Section 302.4 Vegetation & Weeds. All premises and exterior property shall be maintained free from vegetation that creates a nuisance and shall meet the requirements as defined in the Town of Prosper Unsightly Vegetation, Trash, and Debris Ordinance No. 04-118, as it currently exists or may be amended. Vegetation shall exclude regularly cultivated flowers and gardens located on private property. Landscape beds shall be maintained as originally planted. A property owner may elect to make landscape bed improvements or remove landscape beds at a property, unless otherwise required. Trees and shrubs and the like shall be maintained. Vegetation shall not encroach into a pedestrian walkway or vehicular traveled way. Landscape beds not maintained shall be presumed to be a nuisance, objectionable, unsanitary, and unsightly. Upon failure of the property owner having ownership of a property when the violation was initially observed and requested to abate said violation after service of a notice of violation, the owner shall be subject to prosecution in accordance with Section 106.4 and as prescribed by the Town of Prosper. Upon failure to comply with the notice of violation, any duly authorized employee or official of the Town of Prosper or agent hired by the Town of Prosper shall be authorized to enter upon the property in violation and correct the violation thereon. All costs of such corrections shall be paid by the owner responsible for the property to the Town of Prosper at the rates and fees referenced in Section 106.4 until such fee is reimbursed for services rendered. Item 5b Ordinance No. 18-___, Page 7 Section 304.7 Roofs and Drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. Cross lot drainage is prohibited, unless drainage is accepted and approved by the Town as indicated on the approved plans for a property or subdivision. Drainage swales shall be maintained free from any obstruction and shall not be compromised. Section 304.14 Insect Screens. At all times every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas, or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm), and every swinging door shall have a self- closing device in good working condition. Section 308.2. Disposal of Garbage. Every occupant of a structure shall dispose of garbage, trash and/or any other debris in a clean and sanitary manner by placing such garbage, trash and other debris into a municipality approved garbage container for disposal or dispose of garbage, trash, and other debris at an approved facility. Section 308.2.2 Refrigerators & Other Similar Equipment. Appliances, furniture, and other similar household equipment and debris shall not be discarded, abandoned or stored in any manner that may create an attractive nuisance for children or pets or in a manner that may create a life/safety hazard. Section 308.3.1.Garbage Facilities. The owner of every dwelling or rental dwelling shall supply all of the following: an approved mechanical food waste grinder in each dwelling unit, unless, otherwise provided, and an approved outside, covered garbage container. Section 308.4 Residential Bulk Waste. Every occupant of a residential structure shall place bulk waste, including but not limited to vegetation, tree limbs, appliances, furniture or any household goods intended for disposal no earlier than 48 hours prior to the scheduled date for bulk pick-up. If required, it shall be the responsibility of the occupant to notify the bulk collection agency of the need to collect the material. Section 309.4 Multiple Occupancy. The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for extermination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant shall be responsible for the extermination, unless exempt by contractual agreement. Section 309.5 Occupant. The occupant of any structure shall be responsible for the continued rodent and pest-free condition of the structure, unless exempt by contractual agreement. Section 404.7 Food Preparation. All spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage. All spaces to be occupied or utilized for food Item 5b Ordinance No. 18-___, Page 8 preparation purposes shall comply with the Town of Prosper's Health & Sanitation Code, as it currently exists or may be amended. Section 602.2 Residential Occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of sixty-eight degrees Fahrenheit (68°F), or twenty degrees Celsius (20°C), in all habitable rooms, bathrooms and toilet rooms. Cooking appliances shall not be used to provide space heating to meet the requirements of this Section. Space heaters shall not be used as a primary source to provide heat for habitable rooms, bathrooms and toilet rooms. Section 602.3. Heat Supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units, rooming unit, dormitory or guestroom on terms, either expressed or implied, to furnish heat to the occupants thereof, shall supply heat at all times to maintain a temperature of not less than sixty-eight degrees Fahrenheit (68°F), or twenty degrees Celsius (20°C), in all habitable rooms, bathrooms, and toilet rooms. Section 602.4 Occupiable Work Spaces. Indoor occupied work spaces shall be supplied with heat at all times to maintain a temperature of not less than sixty-five degrees Fahrenheit (65°F), or eighteen degrees Celsius (18°C), during the period the spaces are occupied. All 'Exceptions' listed in this Section are included. Section 701.2 Responsibility. The owner of the premises shall provide and maintain such fire safety facilities and equipment in compliance with these requirements of the Town of Prosper's Fire Code and Building Codes, as they currently exist or may be amended. A person shall not occupy as an owner, occupant or permit another person to occupy any premises that do not comply with the requirements of Chapter 7 of this code. Chapter 8 - Referenced Standards. Unless otherwise noted, the adoption of the 2015 International Property Maintenance Code, with amendments, will refer to the Town of Prosper's Zoning and Subdivision Ordinances as they currently exist or may be amended, the Building, Fire, Plumbing, Mechanical, Electrical, Health & Sanitation Codes, and any other ordinance or code adopted by the Town of Prosper, as they currently exist or may be amended. The Town of Prosper rescinds reference to the International Zoning Code. Item 5b Item 5b 2015 IPMC® INTERNATIONAL Property Maintenance Code® CODE ALERT! Subscribe now to receive critical code updates. Signup is easy! www.iccsafe.org/2015alert Item 5b 2015 International Property Maintenance Code® First Printing: May 2014 Second Printing: July 2014 Third Printing: May 2015 Fourth Printing: December 2015 ISBN: 978-1-60983-484-5 (soft-cover edition) COPYRIGHT © 2014 by INTERNATIONAL CODE COUNCIL, INC. Date of First Publication: May 30, 2014 ALL RIGHTS RESERVED. This 2015 International Property Maintenance Code® is a copyrighted work owned by the Interna- tional Code Council, Inc. Without advance written permission from the copyright owner, no part of this book may be repro- duced, distributed or transmitted in any form or by any means, including, without limitation, electronic, optical or mechanical means (by way of example, and not limitation, photocopying or recording by or in an information storage retrieval system). For information on permission to copy material exceeding fair use, please contact: Publications, 4051 West Flossmoor Road, Coun- try Club Hills, IL 60478. Phone 1-888-ICC-SAFE (422-7233). Trademarks: “International Code Council,” the “International Code Council” logo and the “International Property Maintenance Code” are trademarks of the International Code Council, Inc. T018515 PRINTED IN THE U.S.A. Item 5b 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE®iii PREFACE Introduction Internationally, code officials recognize the need for a modern, up-to-date property maintenance code governing the maintenance of existing buildings. The International Property Maintenance Code, in this 2015 edition, is designed to meet this need through model code regulations that con- tain clear and specific property maintenance requirements with required property improvement provisions. This 2015 edition is fully compatible with all of the International Codes (I-Codes) published by the International Code Council (ICC), including the International Building Code, International Energy Conservation Code, International Existing Building Code, International Fire Code, Interna- tional Fuel Gas Code, International Green Construction Code, International Mechanical Code, ICC Performance Code, International Plumbing Code, International Private Sewage Disposal Code, International Residential Code, International Swimming Pool and Spa Code, International Wildland-Urban Interface Code and International Zoning Code. The International Property Maintenance Code requirements provide many benefits, among which is the model code development process that offers an international forum for code officials and other interested parties to discuss performance and prescriptive code requirements. This forum provides an excellent arena to debate proposed revisions. This model code also encourages international consistency in the application of provisions. Development The first edition of the International Property Maintenance Code (1998) was the culmination of an effort initiated in 1996 by a code development committee appointed by ICC and consisting of repre- sentatives of the three statutory members of the International Code Council at that time, including: Building Officials and Code Administrators International, Inc. (BOCA), International Conference of Building Officials (ICBO) and Southern Building Code Congress International (SBCCI). The committee drafted a comprehensive set of regulations for existing buildings that was consistent with the exist- ing model property maintenance codes at the time. This 2015 edition presents the code as originally issued, with changes reflected through the previous 2012 edition and further changes developed through the ICC Code Development Process through 2013. A new edition of the code is promul- gated every 3 years. This code is founded on principles intended to establish provisions consistent with the scope of a property maintenance code that adequately protects public health, safety and welfare; provisions that do not unnecessarily increase construction costs; provisions that do not restrict the use of new materials, products or methods of construction; and provisions that do not give preferential treat- ment to particular types or classes of materials, products or methods of construction. Adoption The International Code Council maintains a copyright in all of its codes and standards. Maintaining copyright allows ICC to fund its mission through sales of books, in both print and electronic formats. The International Property Maintenance Code is designed for adoption and use by jurisdictions that recognize and acknowledge the ICC’s copyright in the code, and further acknowledge the substan- tial shared value of the public/private partnership for code development between jurisdictions and the ICC. The ICC also recognizes the need for jurisdictions to make laws available to the public. All ICC codes and ICC standards, along with the laws of many jurisdictions, are available for free in a non- downloadable form on the ICC’s website. Jurisdictions should contact the ICC at adoptions@icc- safe.org to learn how to adopt and distribute laws based on the International Property Maintenance Code in a manner that provides necessary access, while maintaining the ICC’s copyright. Item 5b iv 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE® Maintenance The International Property Maintenance Code is kept up to date through the review of proposed changes submitted by code enforcing officials, industry representatives, design professionals and other interested parties. Proposed changes are carefully considered through an open code develop- ment process in which all interested and affected parties may participate. The contents of this work are subject to change through both the code development cycles and the governmental body that enacts the code into law. For more information regarding the code development process, contact the Codes and Standards Development Department of the Interna- tional Code Council. While the development procedure of the International Property Maintenance Code ensures the highest degree of care, the ICC, its members and those participating in the development of this code do not accept any liability resulting from compliance or noncompliance with the provisions because the ICC does not have the power or authority to police or enforce compliance with the contents of this code. Only the governmental body that enacts the code into law has such authority. Code Development Committee Responsibilities (Letter Designations in Front of Section Numbers In each code development cycle, proposed changes to this code are considered at the Committee Action Hearings by the International Property Maintenance/Zoning Code Development Committee, whose action constitutes a recommendation to the voting membership for final action on the pro- posed changes. Proposed changes to a code section having a number beginning with a letter in brackets are considered by a different code development committee. For example, proposed changes to code sections that have the letter [F] in front of them (e.g., [F] 704.1) are considered by the International Fire Code Development Committee at the Committee Action Hearings. The content of sections in this code that begin with a letter designation is maintained by another code development committee in accordance with the following: [A] = Administrative Code Development Committee; [F] = International Fire Code Development Committee; [P] = International Plumbing Code Development Committee; [BE] = IBC – Means of Egress Code Development Committee; and [BG]= IBC – General Code Development Committee. For the development of the 2018 edition of the I-Codes, there will be three groups of code devel- opment committees and they will meet in separate years. Note that these are tentative groupings. 0b_pref_ipmc_15.fm Page iv Friday, May 2, 2014 12:05 PM Item 5b 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE®v Note: Proposed changes to the ICC Performance Code will be heard by the Code Development Committee noted in brackets [ ] in the text of the code. Code change proposals submitted for code sections that have a letter designation in front of them will be heard by the respective committee responsible for such code sections. Because differ- ent committees hold code development hearings in different years, it is possible that some propos- als for this code will be heard by committees in both the 2015 (Group A) and the 2016 (Group B) code development cycles. For instance, every section of Chapter 1 of this code is designated as the responsibility of the Administrative Code Development Committee, and that committee is part of the Group B portion of the hearings. This committee will hold its code development hearings in 2016 to consider all code change proposals for Chapter 1 of this code and proposals for Chapter 1 of all I-Codes except the International Energy Conservation Code, International Residential Code and ICC Performance Code. Therefore, any proposals received for Chapter 1 of this code will be assigned to the Administrative Code Development Committee for consideration in 2016. It is very important that anyone submitting code change proposals understand which code devel- opment committee is responsible for the section of the code that is the subject of the code change proposal. For further information on the code development committee responsibilities, please visit the ICC website at www.iccsafe.org/scoping. Marginal Markings Solid vertical lines in the margins within the body of the code indicate a technical change from the requirements of the 2012 edition. Deletion indicators in the form of an arrow ( ) are provided in the margin where an entire section, paragraph, exception or table has been deleted or an item in a list of items or a table has been deleted. A single asterisk [*] placed in the margin indicates that text or a table has been relocated within the code. A double asterisk [**] placed in the margin indicates that the text or table immediately Group A Codes (Heard in 2015, Code Change Proposals Deadline: January 12, 2015) Group B Codes (Heard in 2016, Code Change Proposals Deadline: January 11, 2016) Group C Codes (Heard in 2017, Code Change Proposals Deadline: January 11, 2017) International Building Code – Fire Safety (Chapters 7, 8, 9, 14, 26) – Means of Egress (Chapters 10, 11, Appendix E) – General (Chapters 2-6, 12, 27-33, Appendices A, B, C, D, K) Administrative Provisions (Chapter 1 of all codes except IRC and IECC, adminis- trative updates to currently referenced standards, and designated definitions) International Green Construction Code International Fuel Gas Code International Building Code – Structural (Chapters 15-25, Appendices F, G, H, I, J, L, M) International Existing Building Code International Energy Conservation Code International Mechanical Code International Fire Code International Plumbing Code International Residential Code – IRC-B (Chapters 1-10, Appendices E, F, H, J, K, L M, O, R, S, T, U) International Private Sewage Disposal Code International Wildland-Urban Interface Code International Property Maintenance Code International Residential Code – IRC-Mechanical (Chapters 12-24) – IRC-Plumbing (Chapter 25-33, Appendices G, I, N, P) International Swimming Pool and Spa Code International Zoning Code 0b_pref_ipmc_15.fm Page v Friday, May 2, 2014 11:34 AM Item 5b vi 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE® following it has been relocated there from elsewhere in the code. The following table indicates such relocations in the 2015 edition of the International Property Maintenance Code. Italicized Terms Selected terms set forth in Chapter 2, Definitions, are italicized where they appear in code text. Such terms are not italicized where the definition set forth in Chapter 2 does not impart the intended meaning in the use of the term. The terms selected have definitions that the user should read carefully to facilitate better understanding of the code. 2015 LOCATION 2012 LOCATION None None 0b_pref_ipmc_15.fm Page vi Friday, May 2, 2014 11:35 AM Item 5b 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE®vii EFFECTIVE USE OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE The International Property Maintenance Code (IPMC) is a model code that regulates the minimum maintenance requirements for existing buildings. The IPMC is a maintenance document intended to establish minimum maintenance standards for basic equipment, light, ventilation, heating, sanitation and fire safety. Responsibility is fixed among owners, operators and occupants for code compliance. The IPMC provides for the regulation and safe use of existing structures in the interest of the social and economic welfare of the community. Arrangement and Format of the 2015 IPMC Before applying the requirements of the IPMC it is beneficial to understand its arrangement and for- mat. The IPMC, like other codes published by ICC, is arranged and organized to follow sequential steps that generally occur during an inspection. The IPMC is divided into eight different parts: The following is a chapter-by-chapter synopsis of the scope and intent of the provisions of the Inter- national Property Maintenance Code: Chapter 1 Scope and Administration. This chapter contains provisions for the application, enforcement and administration of subsequent requirements of the code. In addition to establish- ing the scope of the code, Chapter 1 identifies which buildings and structures come under its pur- view. Chapter 1 is largely concerned with maintaining “due process of law” in enforcing the property maintenance criteria contained in the body of the code. Only through careful observation of the administrative provisions can the building official reasonably expect to demonstrate that “equal protection under the law” has been provided. Chapter 2 Definitions. All terms that are defined in the code are listed alphabetically in Chapter 2. While a defined term may be used in one chapter or another, the meaning provided in Chapter 2 is applicable throughout the code. Where understanding of a term’s definition is especially key to or necessary for understanding of a particular code provision, the term is shown in italics wherever it appears in the code. This is true only for those terms that have a meaning that is unique to the code. In other words, the generally understood meaning of a term or phrase might not be sufficient or consistent with the meaning pre- scribed by the code; therefore, it is essential that the code-defined meaning be known. Guidance is provided regarding tense, gender and plurality of defined terms as well as terms not defined in this code. Chapters Subjects 1 Administration 2 Definitions 3 General Requirements 4 Light, Ventilation and Occupancy Limitations 5 Plumbing Facilities and Fixture Requirements 6 Mechanical and Electrical Requirements 7 Fire Safety Requirements 8 Referenced Standards Item 5b viii 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE® Chapter 3 General Requirements. Chapter 3, “General Requirements,” is broad in scope. It includes a variety of requirements for the exterior property areas as well as the interior and exterior elements of the structure. This chapter provides requirements that are intended to maintain a min- imum level of safety and sanitation for both the general public and the occupants of a structure, and to maintain a building’s structural and weather-resistance performance. Chapter 3 provides specific criteria for regulating the installation and maintenance of specific building components; mainte- nance requirements for vacant structures and land; requirements regulating the safety, sanitation and appearance of the interior and exterior of structures and all exterior property areas; accessory structures; vehicle storage regulations and establishes who is responsible for complying with the chapter’s provisions. This chapter also contains the requirements for swimming pools, spas and hot tubs and the requirements for protective barriers and gates in these barriers. Chapter 3 establishes the responsible parties for exterminating insects and rodents, and maintaining sanitary conditions in all types of occupancies. Chapter 4 Light, Ventilation and Occupancy Limitations. The purpose of Chapter 4 is to set forth these requirements in the code and to establish the minimum environment for occupiable and habitable buildings, by establishing the minimum criteria for light and ventilation and identifies occupancy limitations including minimum room width and area, minimum ceiling height and restric- tions to prevent overcrowding. This chapter also provides for alternative arrangements of windows and other devices to comply with the requirements for light and ventilation and prohibits certain room arrangements and occupancy uses. Chapter 5 Plumbing Facilities and Fixture Requirements. Chapter 5 establishes the mini- mum criteria for the installation, maintenance and location of plumbing systems and facilities, including the water supply system, water heating appliances, sewage disposal system and related plumbing fixtures. Sanitary and clean conditions in occupied buildings are dependent upon certain basic plumbing principles, including providing potable water to a building, providing the basic fixtures to effectively utilize that water and properly removing waste from the building. Chapter 5 establishes the mini- mum criteria to verify that these principles are maintained throughout the life of a building. Chapter 6 Mechanical and Electrical Requirements. The purpose of Chapter 6 is to establish minimum performance requirements for heating, electrical and mechanical facilities and to estab- lish minimum standards for the safety of these facilities. This chapter establishes minimum criteria for the installation and maintenance of the following: heating and air-conditioning equipment, appliances and their supporting systems; water heating equipment, appliances and systems; cooking equipment and appliances; ventilation and exhaust equipment; gas and liquid fuel distribution piping and components; fireplaces and solid fuel-burning appliances; chimneys and vents; electrical services; lighting fixtures; electrical receptacle outlets; electrical distribution system equipment, devices and wiring; and elevators, escalators and dumb- waiters. Chapter 7 Fire Safety Requirements. The purpose of Chapter 7 is to address those fire hazards that arise as the result of a building’s occupancy. It also provides minimum requirements for fire safety issues that are most likely to arise in older buildings. This chapter contains requirements for means of egress in existing buildings, including path of travel, required egress width, means of egress doors and emergency escape openings. Chapter 7 establishes the minimum requirements for fire safety facilities and fire protection sys- tems, as these are essential fire safety systems. Item 5b 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE®ix Chapter 8 Referenced Standards. The code contains numerous references to standards that are used to regulate materials and methods of construction. Chapter 8 contains a comprehensive list of all standards that are referenced in the code. The standards are part of the code to the extent of the reference to the standard. Compliance with the referenced standard is necessary for compli- ance with this code. By providing specifically adopted standards, the construction and installation requirements necessary for compliance with the code can be readily determined. The basis for code compliance is, therefore, established and available on an equal basis to the code official, contractor, designer and owner. Chapter 8 is organized in a manner that makes it easy to locate specific standards. It lists all of the referenced standards, alphabetically, by acronym of the promulgating agency of the standard. Each agency’s standards are then listed in either alphabetical or numeric order based upon the stan- dard identification. The list also contains the title of the standard; the edition (date) of the standard referenced; any addenda included as part of the ICC adoption; and the section or sections of this code that reference the standard. Item 5b x 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE® Item 5b 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE®xi LEGISLATION Jurisdictions wishing to adopt the 2015 International Property Maintenance Code as an enforceable regulation governing exist- ing structures and premises should ensure that certain factual information is included in the adopting legislation at the time adop- tion is being considered by the appropriate governmental body. The following sample adoption legislation addresses several key elements, including the information required for insertion into the code text. SAMPLE LEGISLATION FOR ADOPTION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE ORDINANCE NO.________ A[N] [ORDINANCE/STATUTE/REGULATION] of the [JURISDICTION] adopting the 2015 edition of the International Property Main- tenance Code, regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures in the [JURISDICTION]; providing for the issuance of permits and collection of fees therefor; repealing [ORDINANCE/STATUTE/REGULATION] No. ______ of the [JURISDICTION] and all other ordinances or parts of laws in conflict therewith. The [GOVERNING BODY] of the [JURISDICTION] does ordain as follows: Section 1. That a certain document, three (3) copies of which are on file in the office of the [TITLE OF JURISDICTION’S KEEPER OF RECORDS] of [NAME OF JURISDICTION], being marked and designated as the International Property Maintenance Code, 2015 edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the [JURISDICTION], in the State of [STATE NAME] for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and struc- tures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the [JURISDICTION] are hereby referred to, adopted, and made a part hereof, as if fully set out in this legislation, with the additions, insertions, deletions and changes, if any, prescribed in Sec- tion 2 of this ordinance. Section 2. The following sections are hereby revised: Section 101.1. Insert: [NAME OF JURISDICTION] Section 103.5. Insert: [APPROPRIATE SCHEDULE] Section 112.4. Insert: [DOLLAR AMOUNT IN TWO LOCATIONS] Section 302.4. Insert: [HEIGHT IN INCHES] Section 304.14. Insert: [DATES IN TWO LOCATIONS] Section 602.3. Insert: [DATES IN TWO LOCATIONS] Section 602.4. Insert: [DATES IN TWO LOCATIONS] Section 3. That [ORDINANCE/STATUTE/REGULATION] No. ______ of [JURISDICTION] entitled [FILL IN HERE THE COMPLETE TITLE OF THE LEGISLATION OR LAWS IN EFFECT AT THE PRESENT TIME SO THAT THEY WILL BE REPEALED BY DEFINITE MEN- TION] and all other ordinances or parts of laws in conflict herewith are hereby repealed. Section 4. That if any section, subsection, sentence, clause or phrase of this legislation is, for any reason, held to be unconstitu- tional, such decision shall not affect the validity of the remaining portions of this ordinance. The [GOVERNING BODY] hereby declares that it would have passed this law, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 5. That nothing in this legislation or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired Item 5b xii 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE® or existing, under any act or ordinance hereby repealed as cited in Section 3 of this law; nor shall any just or legal right or rem- edy of any character be lost, impaired or affected by this legislation. Section 6. That the [JURISDICTION’S KEEPER OF RECORDS] is hereby ordered and directed to cause this legislation to be pub- lished. (An additional provision may be required to direct the number of times the legislation is to be published and to specify that it is to be in a newspaper in general circulation. Posting may also be required.) Section 7. That this law and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect [TIME PERIOD] from and after the date of its final passage and adoption. Item 5b 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE®xiii TABLE OF CONTENTS CHAPTER 1 SCOPE AND ADMINISTRATION . . . . 1 PART 1—SCOPE AND APPLICATION. . . . . . . . . . . . . 1 Section 101 General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 102 Applicability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 PART 2—ADMINISTRATION AND ENFORCEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Section 103 Department of Property Maintenance Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 104 Duties and Powers of the Code Official. . . . . . . . . 2 105 Approval. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 106 Violations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 107 Notices and Orders. . . . . . . . . . . . . . . . . . . . . . . . . 3 108 Unsafe Structures and Equipment . . . . . . . . . . . . . 4 109 Emergency Measures . . . . . . . . . . . . . . . . . . . . . . . 5 110 Demolition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 111 Means of Appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . 6 112 Stop Work Order . . . . . . . . . . . . . . . . . . . . . . . . . . 7 CHAPTER 2 DEFINITIONS . . . . . . . . . . . . . . . . . . . . . 9 Section 201 General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 202 General Definitions . . . . . . . . . . . . . . . . . . . . . . . . 9 CHAPTER 3 GENERAL REQUIREMENTS. . . . . . . 11 Section 301 General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 302 Exterior Property Areas . . . . . . . . . . . . . . . . . . . . 11 303 Swimming Pools, Spas and Hot Tubs . . . . . . . . . 11 304 Exterior Structure . . . . . . . . . . . . . . . . . . . . . . . . . 12 305 Interior Structure . . . . . . . . . . . . . . . . . . . . . . . . . 13 306 Component Serviceability . . . . . . . . . . . . . . . . . . 14 307 Handrails and Guardrails . . . . . . . . . . . . . . . . . . . 15 308 Rubbish and Garbage . . . . . . . . . . . . . . . . . . . . . . 15 309 Pest Elimination . . . . . . . . . . . . . . . . . . . . . . . . . . 15 CHAPTER 4 LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS . . . . . . 17 Section 401 General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 402 Light. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 403 Ventilation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 404 Occupancy Limitations . . . . . . . . . . . . . . . . . . . . 17 CHAPTER 5 PLUMBING FACILITIES AND FIXTURE REQUIREMENTS . . . . . . . 19 Section 501 General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 502 Required Facilities. . . . . . . . . . . . . . . . . . . . . . . . 19 503 Toilet Rooms . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 504 Plumbing Systems and Fixtures. . . . . . . . . . . . . . 19 505 Water System. . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 506 Sanitary Drainage System . . . . . . . . . . . . . . . . . . 20 507 Storm Drainage . . . . . . . . . . . . . . . . . . . . . . . . . . 20 CHAPTER 6 MECHANICAL AND ELECTRICAL REQUIREMENTS. . . . . . . . . . . . . . . . . 21 Section 601 General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 602 Heating Facilities. . . . . . . . . . . . . . . . . . . . . . . . . 21 603 Mechanical Equipment . . . . . . . . . . . . . . . . . . . . 21 604 Electrical Facilities. . . . . . . . . . . . . . . . . . . . . . . . 21 605 Electrical Equipment . . . . . . . . . . . . . . . . . . . . . . 22 606 Elevators, Escalators and Dumbwaiters. . . . . . . . 22 607 Duct Systems . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 CHAPTER 7 FIRE SAFETY REQUIREMENTS . . . 25 Section 701 General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 702 Means of Egress. . . . . . . . . . . . . . . . . . . . . . . . . . 25 703 Fire-resistance Ratings. . . . . . . . . . . . . . . . . . . . . 25 704 Fire Protection Systems . . . . . . . . . . . . . . . . . . . . 25 CHAPTER 8 REFERENCED STANDARDS. . . . . . . 27 APPENDIX A BOARDING STANDARD. . . . . . . . . . . 29 Section A101 General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 A102 Materials. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 A103 Installation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 A104 Referenced Standard . . . . . . . . . . . . . . . . . . . . . . 29 INDEX. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 0e_TOC_ipmc_15.fm Page xiii Friday, May 2, 2014 11:37 AM Item 5b xiv 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE® Item 5b 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE®1 CHAPTER 1 SCOPE AND ADMINISTRATION PART 1 — SCOPE AND APPLICATION SECTION 101 GENERAL [A] 101.1 Title. These regulations shall be known as the International Property Maintenance Code of [NAME OF JURISDICTION], hereinafter referred to as “this code.” [A] 101.2 Scope. The provisions of this code shall apply to all existing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, a reasonable level of safety from fire and other hazards, and for a reasonable level of sanitary mainte- nance; the responsibility of owners, an owner’s authorized agent, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties. [A] 101.3 Intent. 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 occu- pancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provi- sions shall be altered or repaired to provide a minimum level of health and safety as required herein. [A] 101.4 Severability. If a section, subsection, sentence, clause or phrase of this code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code. SECTION 102 APPLICABILITY [A] 102.1 General. Where there is a conflict between a gen- eral requirement and a specific requirement, the specific requirement shall govern. Where differences occur between provisions of this code and the referenced standards, the pro- visions of this code shall apply. Where, in a specific case, dif- ferent sections of this code specify different requirements, the most restrictive shall govern. [A] 102.2 Maintenance. Equipment, systems, devices and safeguards required by this code or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. No owner, owner’s authorized agent, operator or occupant shall cause any service, facility, equipment or utility that is required under this section to be removed from, shut off from or discontinued for any occupied dwelling, except for such temporary interruption as necessary while repairs or altera- tions are in progress. The requirements of this code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing struc- tures. Except as otherwise specified herein, the owner or the owner’s authorized agent shall be responsible for the mainte- nance of buildings, structures and premises. [A] 102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the International Building Code, International Existing Building Code, International Energy Conservation Code, Interna- tional Fire Code, International Fuel Gas Code, International Mechanical Code, International Residential Code, Interna- tional Plumbing Code and NFPA 70. Nothing in this code shall be construed to cancel, modify or set aside any provi- sion of the International Zoning Code. [A] 102.4 Existing remedies. The provisions in this code shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any structure that is dangerous, unsafe and insanitary. [A] 102.5 Workmanship. Repairs, maintenance work, alter- ations or installations that are caused directly or indirectly by the enforcement of this code shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer’s instructions. [A] 102.6 Historic buildings. The provisions of this code shall not be mandatory for existing buildings or structures designated as historic buildings where such buildings or structures are judged by the code official to be safe and in the public interest of health, safety and welfare. [A] 102.7 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 8 and considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.7.1 and 102.7.2. Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing shall apply. [A] 102.7.1 Conflicts. Where conflicts occur between pro- visions of this code and the referenced standards, the pro- visions of this code shall apply. [A] 102.7.2 Provisions in referenced codes and stan- dards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code, as applica- ble, shall take precedence over the provisions in the refer- enced code or standard. [A] 102.8 Requirements not covered by code. Require- ments necessary for the strength, stability or proper operation of an existing fixture, structure or equipment, or for the pub- Item 5b SCOPE AND ADMINISTRATION 2 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE® lic safety, health and general welfare, not specifically covered by this code, shall be determined by the code official. [A] 102.9 Application of references. References to chapter or section numbers, or to provisions not specifically identi- fied by number, shall be construed to refer to such chapter, section or provision of this code. [A] 102.10 Other laws. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law. PART 2 — ADMINISTRATION AND ENFORCEMENT SECTION 103 DEPARTMENT OF PROPERTY MAINTENANCE INSPECTION [A] 103.1 General. The department of property maintenance inspection is hereby created and the executive official in charge thereof shall be known as the code official. [A] 103.2 Appointment. The code official shall be appointed by the chief appointing authority of the jurisdiction. [A] 103.3 Deputies. In accordance with the prescribed proce- dures of this jurisdiction and with the concurrence of the appointing authority, the code official shall have the authority to appoint a deputy(s). Such employees shall have powers as delegated by the code official. [A] 103.4 Liability. The code official, member of the board of appeals or employee charged with the enforcement of this code, while acting for the jurisdiction, in good faith and with- out malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be ren- dered civilly or criminally liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act or by reason of an act or omission in the discharge of official duties. [A] 103.4.1 Legal defense. Any suit or criminal complaint instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the juris- diction until the final termination of the proceedings. The code official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code. [A] 103.5 Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be as indicated in the following schedule. [JURISDICTION TO INSERT APPROPRIATE SCHEDULE.] SECTION 104 DUTIES AND POWERS OF THE CODE OFFICIAL [A] 104.1 General. The code official is hereby authorized and directed to enforce the provisions of this code. The code official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically pro- vided for in this code. [A] 104.2 Inspections. The code official shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The code official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. [A] 104.3 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or whenever the code official has reasonable cause to believe that there exists in a structure or upon a premises a condition in viola- tion of this code, the code official is authorized to enter the structure or premises at reasonable times to inspect or per- form the duties imposed by this code, provided that if such structure or premises is occupied the code official shall pres- ent credentials to the occupant and request entry. If such structure or premises is unoccupied, the code official shall first make a reasonable effort to locate the owner, owner’s authorized agent or other person having charge or control of the structure or premises and request entry. If entry is refused, the code official shall have recourse to the remedies provided by law to secure entry. [A] 104.4 Identification. The code official shall carry proper identification when inspecting structures or premises in the performance of duties under this code. [A] 104.5 Notices and orders. The code official shall issue all necessary notices or orders to ensure compliance with this code. [A] 104.6 Department records. The code official shall keep official records of all business and activities of the depart- ment specified in the provisions of this code. Such records shall be retained in the official records for the period required for retention of public records. SECTION 105 APPROVAL [A] 105.1 Modifications. Whenever there are practical diffi- culties involved in carrying out the provisions of this code, the code official shall have the authority to grant modifica- tions for individual cases upon application of the owner or owner’s authorized agent, provided the code official shall first find that special individual reason makes the strict letter of this code impractical, the modification is in compliance with the intent and purpose of this code and that such modifi- cation does not lessen health, life and fire safety require- ments. The details of action granting modifications shall be recorded and entered in the department files. [A] 105.2 Alternative materials, methods and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any method of con- struction not specifically prescribed by this code, provided Item 5b SCOPE AND ADMINISTRATION 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE®3 that any such alternative has been approved. An alternative material or method of construction shall be approved where the code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the pur- pose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, dura- bility and safety. Where the alternative material, design or method of construction is not approved, the code official shall respond in writing, stating the reasons the alternative was not approved. [A] 105.3 Required testing. Whenever there is insufficient evidence of compliance with the provisions of this code or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the code official shall have the authority to require tests to be made as evidence of compliance at no expense to the jurisdiction. [A] 105.3.1 Test methods. Test methods shall be as speci- fied in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the code official shall be permitted to approve appropriate testing procedures performed by an approved agency. [A] 105.3.2 Test reports. Reports of tests shall be retained by the code official for the period required for retention of public records. [A] 105.4 Used material and equipment. The use of used materials that meet the requirements of this code for new materials is permitted. Materials, equipment and devices shall not be reused unless such elements are in good repair or have been reconditioned and tested where necessary, placed in good and proper working condition and approved by the code official. [A] 105.5 Approved materials and equipment. Materials, equipment and devices approved by the code official shall be constructed and installed in accordance with such approval. [A] 105.6 Research reports. Supporting data, where neces- sary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources. SECTION 106 VIOLATIONS [A] 106.1 Unlawful acts. It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this code. [A] 106.2 Notice of violation. The code official shall serve a notice of violation or order in accordance with Section 107. [A] 106.3 Prosecution of violation. Any person failing to comply with a notice of violation or order served in accor- dance with Section 107 shall be deemed guilty of a misde- meanor or civil infraction as determined by the local municipality, and the violation shall be deemed a strict liabil- ity offense. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the struc- ture is located and shall be a lien upon such real estate. [A] 106.4 Violation penalties. Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by state or local laws. Each day that a vio- lation continues after due notice has been served shall be deemed a separate offense. [A] 106.5 Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises. SECTION 107 NOTICES AND ORDERS [A] 107.1 Notice to person responsible. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Sections 107.2 and 107.3 to the person responsible for the violation as specified in this code. Notices for condemnation procedures shall also comply with Section 108.3. [A] 107.2 Form. Such notice prescribed in Section 107.1 shall be in accordance with all of the following: 1. Be in writing. 2. Include a description of the real estate sufficient for identification. 3. Include a statement of the violation or violations and why the notice is being issued. 4. Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this code. 5. Inform the property owner or owner’s authorized agent of the right to appeal. 6. Include a statement of the right to file a lien in accor- dance with Section 106.3. [A] 107.3 Method of service. Such notice shall be deemed to be properly served if a copy thereof is: 1. Delivered personally; 2. Sent by certified or first-class mail addressed to the last known address; or 3. If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicu- ous place in or about the structure affected by such notice. Item 5b SCOPE AND ADMINISTRATION 4 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE® [A] 107.4 Unauthorized tampering. Signs, tags or seals posted or affixed by the code official shall not be mutilated, destroyed or tampered with, or removed without authoriza- tion from the code official. [A] 107.5 Penalties. Penalties for noncompliance with orders and notices shall be as set forth in Section 106.4. [A] 107.6 Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dis- pose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner or the owner’s authorized agent shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall fur- nish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowl- edging the receipt of such compliance order or notice of vio- lation and fully accepting the responsibility without condition for making the corrections or repairs required by such com- pliance order or notice of violation. SECTION 108 UNSAFE STRUCTURES AND EQUIPMENT [A] 108.1 General. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such struc- ture shall be condemned pursuant to the provisions of this code. [A] 108.1.1 Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occu- pants in the event of fire, or because such structure con- tains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construc- tion or unstable foundation, that partial or complete col- lapse is possible. [A] 108.1.2 Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or struc- ture. [A] 108.1.3 Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is insanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illu- mination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. [A] 108.1.4 Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more per- sons than permitted under this code, or was erected, altered or occupied contrary to law. [A] 108.1.5 Dangerous structure or premises. For the purpose of this code, any structure or premises that has any or all of the conditions or defects described below shall be considered dangerous: 1. Any door, aisle, passageway, stairway, exit or other means of egress that does not conform to the approved building or fire code of the jurisdiction as related to the requirements for existing build- ings. 2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn loose, torn or otherwise unsafe as to not provide safe and adequate means of egress. 3. Any portion of a building, structure or appurte- nance that has been damaged by fire, earthquake, wind, flood, deterioration, neglect, abandonment, vandalism or by any other cause to such an extent that it is likely to partially or completely collapse, or to become detached or dislodged. 4. Any portion of a building, or any member, appur- tenance or ornamentation on the exterior thereof that is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting natural or artificial loads of one and one-half the original designed value. 5. The building or structure, or part of the building or structure, because of dilapidation, deterioration, decay, faulty construction, the removal or move- ment of some portion of the ground necessary for the support, or for any other reason, is likely to partially or completely collapse, or some portion of the foundation or underpinning of the building or structure is likely to fail or give way. 6. The building or structure, or any portion thereof, is clearly unsafe for its use and occupancy. 7. The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their dan- ger, becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act. 8. Any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the approved building or fire code of the jurisdiction, or of any law or ordinance to such an extent as to present either a substantial risk of fire, building collapse or any other threat to life and safety. Item 5b SCOPE AND ADMINISTRATION 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE®5 9. A building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing system, or otherwise, is determined by the code official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or dis- ease. 10. Any building or structure, because of a lack of suf- ficient or proper fire-resistance-rated construction, fire protection systems, electrical system, fuel con- nections, mechanical system, plumbing system or other cause, is determined by the code official to be a threat to life or health. 11. Any portion of a building remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned so as to constitute such building or por- tion thereof as an attractive nuisance or hazard to the public. [A] 108.2 Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is autho- rized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nui- sance. Upon failure of the owner or owner’s authorized agent to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and shall be collected by any other legal resource. [A] 108.2.1 Authority to disconnect service utilities. The code official shall have the authority to authorize dis- connection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in Section 102.7 in case of emer- gency where necessary to eliminate an immediate hazard to life or property or where such utility connection has been made without approval. The code official shall notify the serving utility and, whenever possible, the owner or owner’s authorized agent and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to discon- nection the owner, owner’s authorized agent or occupant of the building structure or service system shall be notified in writing as soon as practical thereafter. [A] 108.3 Notice. Whenever the code official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner, owner’s authorized agent or the person or persons responsible for the structure or equipment in accordance with Section 107.3. If the notice pertains to equipment, it shall be placed on the condemned equipment. The notice shall be in the form prescribed in Section 107.2. [A] 108.4 Placarding. Upon failure of the owner, owner’s authorized agent or person responsible to comply with the notice provisions within the time given, the code official shall post on the premises or on defective equipment a placard bearing the word “Condemned” and a statement of the penal- ties provided for occupying the premises, operating the equipment or removing the placard. [A] 108.4.1 Placard removal. The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the code official shall be subject to the penal- ties provided by this code. [A] 108.5 Prohibited occupancy. Any occupied structure condemned and placarded by the code official shall be vacated as ordered by the code official. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner, owner’s authorized agent or per- son responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by this code. [A] 108.6 Abatement methods. The owner, owner’s autho- rized agent, operator or occupant of a building, premises or equipment deemed unsafe by the code official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved correc- tive action. [A] 108.7 Record. The code official shall cause a report to be filed on an unsafe condition. The report shall state the occu- pancy of the structure and the nature of the unsafe condition. SECTION 109 EMERGENCY MEASURES [A] 109.1 Imminent danger. When, in the opinion of the code official, there is imminent danger of failure or collapse of a building or structure that endangers life, or when any structure or part of a structure has fallen and life is endan- gered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empow- ered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: “This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official.” It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazard- ous condition or of demolishing the same. [A] 109.2 Temporary safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, the code official shall order the necessary work to be done, Item 5b SCOPE AND ADMINISTRATION 6 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE® including the boarding up of openings, to render such struc- ture temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency. [A] 109.3 Closing streets. When necessary for public safety, the code official shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized. [A] 109.4 Emergency repairs. For the purposes of this sec- tion, the code official shall employ the necessary labor and materials to perform the required work as expeditiously as possible. [A] 109.5 Costs of emergency repairs. Costs incurred in the performance of emergency work shall be paid by the jurisdic- tion. The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises or owner’s authorized agent where the unsafe structure is or was located for the recovery of such costs. [A] 109.6 Hearing. Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the appeals board, be afforded a hearing as described in this code. SECTION 110 DEMOLITION [A] 110.1 General. The code official shall order the owner or owner’s authorized agent of any premises upon which is located any structure, which in the code official’s or owner’s authorized agent judgment after review is so deteriorated or dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary, or to board up and hold for future repair or to demolish and remove at the owner’s option; or where there has been a cessation of normal construction of any structure for a period of more than two years, the code official shall order the owner or owner’s authorized agent to demolish and remove such structure, or board up until future repair. Boarding the building up for future repair shall not extend beyond one year, unless approved by the building official. [A] 110.2 Notices and orders. Notices and orders shall com- ply with Section 107. [A] 110.3 Failure to comply. If the owner of a premises or owner’s authorized agent fails to comply with a demolition order within the time prescribed, the code official shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the struc- ture is located and shall be a lien upon such real estate. [A] 110.4 Salvage materials. When any structure has been ordered demolished and removed, the governing body or other designated officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the per- son who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state. SECTION 111 MEANS OF APPEAL [A] 111.1 Application for appeal. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the board of appeals, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the require- ments of this code are adequately satisfied by other means. [A] 111.2 Membership of board. The board of appeals shall consist of not less than three members who are qualified by experience and training to pass on matters pertaining to prop- erty maintenance and who are not employees of the jurisdic- tion. The code official shall be an ex-officio member but shall have no vote on any matter before the board. The board shall be appointed by the chief appointing authority, and shall serve staggered and overlapping terms. [A] 111.2.1 Alternate members. The chief appointing authority shall appoint not less than two alternate members who shall be called by the board chairman to hear appeals during the absence or disqualification of a member. Alter- nate members shall possess the qualifications required for board membership. [A] 111.2.2 Chairman. The board shall annually select one of its members to serve as chairman. [A] 111.2.3 Disqualification of member. A member shall not hear an appeal in which that member has a personal, professional or financial interest. [A] 111.2.4 Secretary. The chief administrative officer shall designate a qualified person to serve as secretary to the board. The secretary shall file a detailed record of all proceedings in the office of the chief administrative offi- cer. [A] 111.2.5 Compensation of members. Compensation of members shall be determined by law. [A] 111.3 Notice of meeting. The board shall meet upon notice from the chairman, within 20 days of the filing of an appeal, or at stated periodic meetings. [A] 111.4 Open hearing. Hearings before the board shall be open to the public. The appellant, the appellant’s representa- Item 5b SCOPE AND ADMINISTRATION 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE®7 tive, the code official and any person whose interests are affected shall be given an opportunity to be heard. A quorum shall consist of a minumum of two-thirds of the board mem- bership. [A] 111.4.1 Procedure. The board shall adopt and make available to the public through the secretary procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received. [A] 111.5 Postponed hearing. When the full board is not present to hear an appeal, either the appellant or the appel- lant’s representative shall have the right to request a post- ponement of the hearing. [A] 111.6 Board decision. The board shall modify or reverse the decision of the code official only by a concurring vote of a majority of the total number of appointed board members. [A] 111.6.1 Records and copies. The decision of the board shall be recorded. Copies shall be furnished to the appellant and to the code official. [A] 111.6.2 Administration. The code official shall take immediate action in accordance with the decision of the board. [A] 111.7 Court review. Any person, whether or not a previ- ous party of the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner and time required by law following the filing of the decision in the office of the chief administrative officer. [A] 111.8 Stays of enforcement. Appeals of notice and orders (other than Imminent Danger notices) shall stay the enforcement of the notice and order until the appeal is heard by the appeals board. SECTION 112 STOP WORK ORDER [A] 112.1 Authority. Whenever the code official finds any work regulated by this code being performed in a manner contrary to the provisions of this code or in a dangerous or unsafe manner, the code official is authorized to issue a stop work order. [A] 112.2 Issuance. A stop work order shall be in writing and shall be given to the owner of the property, to the owner’s authorized agent, or to the person doing the work. Upon issu- ance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work is authorized to resume. [A] 112.3 Emergencies. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. [A] 112.4 Failure to comply. Any person who shall continue any work 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 of not less than [AMOUNT] dollars or more than [AMOUNT] dollars. Item 5b 8 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE® Item 5b 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE®9 CHAPTER 2 DEFINITIONS SECTION 201 GENERAL 201.1 Scope. Unless otherwise expressly stated, the follow- ing terms shall, for the purposes of this code, have the mean- ings shown in this chapter. 201.2 Interchangeability. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular. 201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the International Building Code, International Existing Building Code, Inter- national Fire Code, International Fuel Gas Code, Interna- tional Mechanical Code, International Plumbing Code, International Residential Code, International Zoning Code or NFPA 70, such terms shall have the meanings ascribed to them as stated in those codes. 201.4 Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies. 201.5 Parts. Whenever the words “dwelling unit,” “dwell- ing,” “premises,” “building,” “rooming house,” “rooming unit,” “housekeeping unit” or “story” are stated in this code, they shall be construed as though they were followed by the words “or any part thereof.” SECTION 202 GENERAL DEFINITIONS ANCHORED. Secured in a manner that provides positive connection. [A] APPROVED. Acceptable to the code official. BASEMENT. That portion of a building which is partly or completely below grade. BATHROOM. A room containing plumbing fixtures includ- ing a bathtub or shower. BEDROOM. Any room or space used or intended to be used for sleeping purposes in either a dwelling or sleeping unit. [A] CODE OFFICIAL. The official who is charged with the administration and enforcement of this code, or any duly authorized representative. CONDEMN. To adjudge unfit for occupancy. COST OF SUCH DEMOLITION OR EMERGENCY REPAIRS. The costs shall include the actual costs of the demolition or repair of the structure less revenues obtained if salvage was conducted prior to demolition or repair. Costs shall include, but not be limited to, expenses incurred or necessitated related to demolition or emergency repairs, such as asbestos survey and abatement if necessary; costs of inspectors, testing agencies or experts retained relative to the demolition or emergency repairs; costs of testing; surveys for other materials that are controlled or regulated from being dumped in a landfill; title searches; mailing(s); postings; recording; and attorney fees expended for recovering of the cost of emergency repairs or to obtain or enforce an order of demolition made by a code official, the governing body or board of appeals. DETACHED. When a structural element is physically dis- connected from another and that connection is necessary to provide a positive connection. DETERIORATION. To weaken, disintegrate, corrode, rust or decay and lose effectiveness. [BG] DWELLING UNIT. A single unit providing complete, independent living facilities for one or more persons, includ- ing permanent provisions for living, sleeping, eating, cooking and sanitation. [Z] EASEMENT. That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be per- mitted to be for use under, on or above a said lot or lots. EQUIPMENT SUPPORT. Those structural members or assemblies of members or manufactured elements, including braces, frames, lugs, snuggers, hangers or saddles, that trans- mit gravity load, lateral load and operating load between the equipment and the structure. EXTERIOR PROPERTY. The open space on the premises and on adjoining property under the control of owners or operators of such premises. GARBAGE. The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food. [BE] GUARD. A building component or a system of build- ing components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level. [BG] HABITABLE SPACE. Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not con- sidered habitable spaces. HISTORIC BUILDING. Any building or structure that is one or more of the following: 1. Listed or certified as eligible for listing, by the State Historic Preservation Officer or the Keeper of the National Register of Historic Places, in the National Register of Historic Places. 2. Designated as historic under an applicable state or local law. 02_ipmc_15.fm Page 9 Friday, May 2, 2014 11:39 AM Item 5b DEFINITIONS 10 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE® 3. Certified as a contributing resource within a National Register or state or locally designated historic district. HOUSEKEEPING UNIT. A room or group of rooms form- ing a single habitable space equipped and intended to be used for living, sleeping, cooking and eating which does not con- tain, within such a unit, a toilet, lavatory and bathtub or shower. IMMINENT DANGER. A condition which could cause serious or life-threatening injury or death at any time. INFESTATION. The presence, within or contiguous to, a structure or premises of insects, rodents, vermin or other pests. INOPERABLE MOTOR VEHICLE. A vehicle which can- not be driven upon the public streets for reason including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power. [A] LABELED. Equipment, materials or products to which have been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, inspection agency or other organization concerned with product evalua- tion that maintains periodic inspection of the production of the above-labeled items and whose labeling indicates either that the equipment, material or product meets identified stan- dards or has been tested and found suitable for a specified purpose. LET FOR OCCUPANCY or LET. To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land. NEGLECT. The lack of proper maintenance for a building or structure. [A] OCCUPANCY. The purpose for which a building or portion thereof is utilized or occupied. OCCUPANT. Any individual living or sleeping in a build- ing, or having possession of a space within a building. OPENABLE AREA. That part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors. OPERATOR. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy. [A] OWNER. Any person, agent, operator, firm or corpora- tion having legal or equitable interest in the property; or recorded in the official records of the state, county or munici- pality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court. PERSON. An individual, corporation, partnership or any other group acting as a unit. PEST ELIMINATION. The control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food or water; by other approved pest elimina- tion methods. [A] PREMISES. A lot, plot or parcel of land, easement or public way, including any structures thereon. [A] PUBLIC WAY. Any street, alley or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appro- priated to the public for public use. ROOMING HOUSE. A building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one- or two-family dwelling. ROOMING UNIT. Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes. RUBBISH. Combustible and noncombustible waste materi- als, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible mate- rials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, min- eral matter, glass, crockery and dust and other similar materi- als. [BG] SLEEPING UNIT. A room or space in which people sleep, which can also include permanent provisions for liv- ing, eating and either sanitation or kitchen facilities, but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units. STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited, or failed to do an act which the defendant was legally required to do. [A] STRUCTURE. That which is built or constructed or a portion thereof. TENANT. A person, corporation, partnership or group, whether or not the legal owner of record, occupying a build- ing or portion thereof as a unit. TOILET ROOM. A room containing a water closet or urinal but not a bathtub or shower. ULTIMATE DEFORMATION. The deformation at which failure occurs and which shall be deemed to occur if the sus- tainable load reduces to 80 percent or less of the maximum strength. [M] VENTILATION. The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space. WORKMANLIKE. Executed in a skilled manner; e.g., gen- erally plumb, level, square, in line, undamaged and without marring adjacent work. [Z] YARD. An open space on the same lot with a structure. Item 5b 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE®11 CHAPTER 3 GENERAL REQUIREMENTS SECTION 301 GENERAL 301.1 Scope. The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property. 301.2 Responsibility. The owner of the premises shall main- tain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner-occupant or permit another person to occupy premises that are not in a sanitary and safe condition and that do not comply with the require- ments of this chapter. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which they occupy and control. 301.3 Vacant structures and land. Vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. SECTION 302 EXTERIOR PROPERTY AREAS 302.1 Sanitation. Exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occu- pant shall keep that part of the exterior property that such occupant occupies or controls in a clean and sanitary condi- tion. 302.2 Grading and drainage. Premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any struc- ture located thereon. Exception: Approved retention areas and reservoirs. 302.3 Sidewalks and driveways. Sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from haz- ardous conditions. 302.4 Weeds. Premises and exterior property shall be main- tained free from weeds or plant growth in excess of [JURIS- DICTION TO INSERT HEIGHT IN INCHES]. 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 as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of viola- tion, any duly authorized employee of the jurisdiction or con- tractor 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. 302.5 Rodent harborage. Structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly extermi- nated by approved processes that will not be injurious to human health. After pest elimination, proper precautions shall be taken to eliminate rodent harborage and prevent rein- festation. 302.6 Exhaust vents. Pipes, ducts, conductors, fans or blow- ers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant. 302.7 Accessory structures. Accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair. 302.8 Motor vehicles. Except as provided for in other regula- tions, no inoperative or unlicensed motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehi- cles is prohibited unless conducted inside an approved spray booth. Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes. 302.9 Defacement of property. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair. SECTION 303 SWIMMING POOLS, SPAS AND HOT TUBS 303.1 Swimming pools. Swimming pools shall be main- tained in a clean and sanitary condition, and in good repair. 303.2 Enclosures. Private swimming pools, hot tubs and spas, containing water more than 24 inches (610 mm) in depth shall be completely surrounded by a fence or barrier not less than 48 inches (1219 mm) in height above the fin- ished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self- closing and self-latching. Where the self-latching device is less than 54 inches (1372 mm) above the bottom of the gate, Item 5b GENERAL REQUIREMENTS 12 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE® the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 inches (152 mm) from the gatepost. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier. Exception: Spas or hot tubs with a safety cover that com- plies with ASTM F 1346 shall be exempt from the provi- sions of this section. SECTION 304 EXTERIOR STRUCTURE 304.1 General. The exterior of a structure shall be main- tained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. 304.1.1 Unsafe conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code or the International Existing Building Code as required for existing buildings: 1. The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength; 2. The anchorage of the floor or roof to walls or col- umns, and of walls and columns to foundations is not capable of resisting all nominal loads or load effects; 3. Structures or components thereof that have reached their limit state; 4. Siding and masonry joints including joints between the building envelope and the perimeter of windows, doors and skylights are not main- tained, weather resistant or water tight; 5. Structural members that have evidence of deterio- ration or that are not capable of safely supporting all nominal loads and load effects; 6. Foundation systems that are not firmly supported by footings, are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects; 7. Exterior walls that are not anchored to supporting and supported elements or are not plumb and free of holes, cracks or breaks and loose or rotting materials, are not properly anchored or are not capable of supporting all nominal loads and resist- ing all load effects; 8. Roofing or roofing components that have defects that admit rain, roof surfaces with inadequate drainage, or any portion of the roof framing that is not in good repair with signs of deterioration, fatigue or without proper anchorage and incapable of supporting all nominal loads and resisting all load effects; 9. Flooring and flooring components with defects that affect serviceability or flooring components that show signs of deterioration or fatigue, are not properly anchored or are incapable of supporting all nominal loads and resisting all load effects; 10. Veneer, cornices, belt courses, corbels, trim, wall facings and similar decorative features not prop- erly anchored or that are anchored with connec- tions not capable of supporting all nominal loads and resisting all load effects; 11. Overhang extensions or projections including, but not limited to, trash chutes, canopies, marquees, signs, awnings, fire escapes, standpipes and exhaust ducts not properly anchored or that are anchored with connections not capable of support- ing all nominal loads and resisting all load effects; 12. Exterior stairs, decks, porches, balconies and all similar appurtenances attached thereto, including guards and handrails, are not structurally sound, not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects; or 13. Chimneys, cooling towers, smokestacks and simi- lar appurtenances not structurally sound or not properly anchored, or that are anchored with con- nections not capable of supporting all nominal loads and resisting all load effects. Exceptions: 1. Where substantiated otherwise by an approved method. 2. Demolition of unsafe conditions shall be per- mitted where approved by the code official. 304.2 Protective treatment. Exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences, shall be main- tained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treat- ment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. Siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and water tight. Metal surfaces subject to rust or cor- rosion shall be coated to inhibit such rust and corrosion, and surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabili- zation by oxidation are exempt from this requirement. [F] 304.3 Premises identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the prop- erty. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet let- ters. Numbers shall be not less than 4 inches (102 mm) in height with a minimum stroke width of 0.5 inch (12.7 mm). Item 5b GENERAL REQUIREMENTS 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE®13 304.4 Structural members. Structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads. 304.5 Foundation walls. Foundation walls shall be main- tained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests. 304.6 Exterior walls. Exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weath- erproof and properly surface coated where required to pre- vent deterioration. 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drain- age shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gut- ters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. 304.8 Decorative features. Cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition. 304.9 Overhang extensions. Overhang extensions including, but not limited to, canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. Where required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coat- ing materials, such as paint or similar surface treatment. 304.10 Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurte- nances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. 304.11 Chimneys and towers. Chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. Exposed sur- faces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather- coating materials, such as paint or similar surface treatment. 304.12 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. 304.13 Window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. 304.13.1 Glazing. Glazing materials shall be maintained free from cracks and holes. 304.13.2 Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware. 304.14 Insect screens. During the period from [DATE] to [DATE], every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are pro- cessed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good work- ing condition. Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed. 304.15 Doors. Exterior doors, door assemblies, operator sys- tems if provided, and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleep- ing units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3. 304.16 Basement hatchways. Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage water. 304.17 Guards for basement windows. Every basement window that is openable shall be supplied with rodent shields, storm windows or other approved protection against the entry of rodents. 304.18 Building security. Doors, windows or hatchways for dwelling units, room units or housekeeping units shall be pro- vided with devices designed to provide security for the occu- pants and property within. 304.18.1 Doors. Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a deadbolt lock designed to be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort and shall have a minimum lock throw of 1 inch (25 mm). Such deadbolt locks shall be installed according to the manufacturer’s specifications and main- tained in good working order. For the purpose of this sec- tion, a sliding bolt shall not be considered an acceptable deadbolt lock. 304.18.2 Windows. Operable windows located in whole or in part within 6 feet (1828 mm) above ground level or a walking surface below that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a window sash locking device. 304.18.3 Basement hatchways. Basement hatchways that provide access to a dwelling unit, rooming unit or house- keeping unit that is rented, leased or let shall be equipped with devices that secure the units from unauthorized entry. 304.19 Gates. Exterior gates, gate assemblies, operator sys- tems if provided, and hardware shall be maintained in good condition. Latches at all entrances shall tightly secure the gates. SECTION 305 INTERIOR STRUCTURE 305.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of Item 5b GENERAL REQUIREMENTS 14 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE® the structure that they occupy or control in a clean and sani- tary condition. Every owner of a structure containing a room- ing house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupan- cies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property. 305.1.1 Unsafe conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code or the International Existing Building Code as required for existing buildings: 1. The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength; 2. The anchorage of the floor or roof to walls or col- umns, and of walls and columns to foundations is not capable of resisting all nominal loads or load effects; 3. Structures or components thereof that have reached their limit state; 4. Structural members are incapable of supporting nominal loads and load effects; 5. Stairs, landings, balconies and all similar walking surfaces, including guards and handrails, are not structurally sound, not properly anchored or are anchored with connections not capable of support- ing all nominal loads and resisting all load effects; 6. Foundation systems that are not firmly supported by footings are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects. Exceptions: 1. Where substantiated otherwise by an approved method. 2. Demolition of unsafe conditions shall be per- mitted when approved by the code official. 305.2 Structural members. Structural members shall be maintained structurally sound, and be capable of supporting the imposed loads. 305.3 Interior surfaces. Interior surfaces, including win- dows and doors, shall be maintained in good, clean and sani- tary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plas- ter, decayed wood and other defective surface conditions shall be corrected. 305.4 Stairs and walking surfaces. Every stair, ramp, land- ing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair. 305.5 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. 305.6 Interior doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware. SECTION 306 COMPONENT SERVICEABILITY 306.1 General. The components of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. 306.1.1 Unsafe conditions. Where any of the following conditions cause the component or system to be beyond its limit state, the component or system shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code or the International Exist- ing Building Code as required for existing buildings: 1. Soils that have been subjected to any of the follow- ing conditions: 1.1. Collapse of footing or foundation system; 1.2. Damage to footing, foundation, concrete or other structural element due to soil expan- sion; 1.3. Adverse effects to the design strength of foot- ing, foundation, concrete or other structural element due to a chemical reaction from the soil; 1.4. Inadequate soil as determined by a geotechni- cal investigation; 1.5. Where the allowable bearing capacity of the soil is in doubt; or 1.6. Adverse effects to the footing, foundation, concrete or other structural element due to the ground water table. 2. Concrete that has been subjected to any of the fol- lowing conditions: 2.1.Deterioration; 2.2.Ultimate deformation; 2.3. Fractures; 2.4. Fissures; 2.5. Spalling; 2.6. Exposed reinforcement; or 2.7.Detached, dislodged or failing connections. 3. Aluminum that has been subjected to any of the fol- lowing conditions: 3.1.Deterioration; 3.2. Corrosion; 3.3. Elastic deformation; 3.4.Ultimate deformation; 3.5. Stress or strain cracks; 3.6. Joint fatigue; or 3.7.Detached, dislodged or failing connections. Item 5b GENERAL REQUIREMENTS 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE®15 4. Masonry that has been subjected to any of the fol- lowing conditions: 4.1.Deterioration; 4.2.Ultimate deformation; 4.3. Fractures in masonry or mortar joints; 4.4. Fissures in masonry or mortar joints; 4.5. Spalling; 4.6. Exposed reinforcement; or 4.7.Detached, dislodged or failing connections. 5. Steel that has been subjected to any of the following conditions: 5.1.Deterioration; 5.2. Elastic deformation; 5.3.Ultimate deformation; 5.4. Metal fatigue; or 5.5.Detached, dislodged or failing connections. 6. Wood that has been subjected to any of the follow- ing conditions: 6.1.Ultimate deformation; 6.2.Deterioration; 6.3. Damage from insects, rodents and other ver- min; 6.4. Fire damage beyond charring; 6.5. Significant splits and checks; 6.6. Horizontal shear cracks; 6.7. Vertical shear cracks; 6.8. Inadequate support; 6.9.Detached, dislodged or failing connections; or 6.10. Excessive cutting and notching. Exceptions: 1. Where substantiated otherwise by an approved method. 2. Demolition of unsafe conditions shall be per- mitted where approved by the code official. SECTION 307 HANDRAILS AND GUARDRAILS 307.1 General. Every exterior and interior flight of stairs having more than four risers shall have a handrail on one side of the stair and every open portion of a stair, landing, bal- cony, porch, deck, ramp or other walking surface that is more than 30 inches (762 mm) above the floor or grade below shall have guards. Handrails shall be not less than 30 inches (762 mm) in height or more than 42 inches (1067 mm) in height measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall be not less than 30 inches (762 mm) in height above the floor of the landing, balcony, porch, deck, or ramp or other walking surface. Exception: Guards shall not be required where exempted by the adopted building code. SECTION 308 RUBBISH AND GARBAGE 308.1 Accumulation of rubbish or garbage. Exterior prop- erty and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage. 308.2 Disposal of rubbish. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers. 308.2.1 Rubbish storage facilities. The owner of every occupied premises shall supply approved covered contain- ers for rubbish, and the owner of the premises shall be responsible for the removal of rubbish. 308.2.2 Refrigerators. Refrigerators and similar equip- ment not in operation shall not be discarded, abandoned or stored on premises without first removing the doors. 308.3 Disposal of garbage. Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage containers. 308.3.1 Garbage facilities. The owner of every dwelling shall supply one of the following: an approved mechanical food waste grinder in each dwelling unit; an approved incinerator unit in the structure available to the occupants in each dwelling unit; or an approved leakproof, covered, outside garbage container. 308.3.2 Containers. The operator of every establishment producing garbage shall provide, and at all times cause to be utilized, approved leakproof containers provided with close-fitting covers for the storage of such materials until removed from the premises for disposal. SECTION 309 PEST ELIMINATION 309.1 Infestation. Structures shall be kept free from insect and rodent infestation. Structures in which insects or rodents are found shall be promptly exterminated by approved pro- cesses that will not be injurious to human health. After pest elimination, proper precautions shall be taken to prevent rein- festation. 309.2 Owner. The owner of any structure shall be responsi- ble for pest elimination within the structure prior to renting or leasing the structure. 309.3 Single occupant. The occupant of a one-family dwell- ing or of a single-tenant nonresidential structure shall be responsible for pest elimination on the premises. 309.4 Multiple occupancy. The owner of a structure contain- ing two or more dwelling units, a multiple occupancy, a Item 5b GENERAL REQUIREMENTS 16 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE® rooming house or a nonresidential structure shall be responsi- ble for pest elimination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant and owner shall be responsible for pest elimination. 309.5 Occupant. The occupant of any structure shall be responsible for the continued rodent and pest-free condition of the structure. Exception: Where the infestations are caused by defects in the structure, the owner shall be responsible for pest elimination. Item 5b 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE®17 CHAPTER 4 LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS SECTION 401 GENERAL 401.1 Scope. The provisions of this chapter shall govern the minimum conditions and standards for light, ventilation and space for occupying a structure. 401.2 Responsibility. The owner of the structure shall pro- vide and maintain light, ventilation and space conditions in compliance with these requirements. A person shall not occupy as owner-occupant, or permit another person to occupy, any premises that do not comply with the require- ments of this chapter. 401.3 Alternative devices. In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the International Building Code shall be permitted. SECTION 402 LIGHT 402.1 Habitable spaces. Every habitable space shall have not less than one window of approved size facing directly to the outdoors or to a court. The minimum total glazed area for every habitable space shall be 8 percent of the floor area of such room. Wherever walls or other portions of a structure face a window of any room and such obstructions are located less than 3 feet (914 mm) from the window and extend to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as contributing to the required mini- mum total window area for the room. Exception: Where natural light for rooms or spaces with- out exterior glazing areas is provided through an adjoining room, the unobstructed opening to the adjoining room shall be not less than 8 percent of the floor area of the inte- rior room or space, but a minimum of 25 square feet (2.33 m2). The exterior glazing area shall be based on the total floor area being served. 402.2 Common halls and stairways. Every common hall and stairway in residential occupancies, other than in one- and two-family dwellings, shall be lighted at all times with not less than a 60-watt standard incandescent light bulb for each 200 square feet (19 m2) of floor area or equivalent illu- mination, provided that the spacing between lights shall not be greater than 30 feet (9144 mm). In other than residential occupancies, means of egress, including exterior means of egress, stairways shall be illuminated at all times the building space served by the means of egress is occupied with not less than 1 footcandle (11 lux) at floors, landings and treads. 402.3 Other spaces. All other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of sanitary conditions, and the safe occupancy of the space and utilization of the appliances, equipment and fixtures. SECTION 403 VENTILATION 403.1 Habitable spaces. Every habitable space shall have not less than one openable window. The total openable area of the window in every room shall be equal to not less than 45 percent of the minimum glazed area required in Section 402.1. Exception: Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be not less than 8 percent of the floor area of the interior room or space, but not less than 25 square feet (2.33 m2). The venti- lation openings to the outdoors shall be based on a total floor area being ventilated. 403.2 Bathrooms and toilet rooms. Every bathroom and toi- let room shall comply with the ventilation requirements for habitable spaces as required by Section 403.1, except that a window shall not be required in such spaces equipped with a mechanical ventilation system. Air exhausted by a mechani- cal ventilation system from a bathroom or toilet room shall discharge to the outdoors and shall not be recirculated. 403.3 Cooking facilities. Unless approved through the certif- icate of occupancy, cooking shall not be permitted in any rooming unit or dormitory unit, and a cooking facility or appliance shall not be permitted to be present in the rooming unit or dormitory unit. Exceptions: 1. Where specifically approved in writing by the code official. 2. Devices such as coffee pots and microwave ovens shall not be considered cooking appliances. 403.4 Process ventilation. Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local exhaust ventilation system shall be provided to remove the contaminating agent at the source. Air shall be exhausted to the exterior and not be recirculated to any space. 403.5 Clothes dryer exhaust. Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted outside the structure in accordance with the manu- facturer’s instructions. Exception: Listed and labeled condensing (ductless) clothes dryers. SECTION 404 OCCUPANCY LIMITATIONS 404.1 Privacy. Dwelling units, hotel units, housekeeping units, rooming units and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces. Item 5b LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS 18 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE® 404.2 Minimum room widths. A habitable room, other than a kitchen, shall be not less than 7 feet (2134 mm) in any plan dimension. Kitchens shall have a minimum clear passageway of 3 feet (914 mm) between counterfronts and appliances or counterfronts and walls. 404.3 Minimum ceiling heights. Habitable spaces, hall- ways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a minimum clear ceiling height of 7 feet (2134 mm). Exceptions: 1. In one- and two-family dwellings, beams or girders spaced not less than 4 feet (1219 mm) on center and projecting a maximum of 6 inches (152 mm) below the required ceiling height. 2.Basement rooms in one- and two-family dwellings occupied exclusively for laundry, study or recreation purposes, having a minimum ceiling height of 6 feet 8 inches (2033 mm) with a minimum clear height of 6 feet 4 inches (1932 mm) under beams, girders, ducts and similar obstructions. 3. Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a minimum clear ceiling height of 7 feet (2134 mm) over not less than one- third of the required minimum floor area. In calcu- lating the floor area of such rooms, only those por- tions of the floor area with a minimum clear ceiling height of 5 feet (1524 mm) shall be included. 404.4 Bedroom and living room requirements. Every bed- room and living room shall comply with the requirements of Sections 404.4.1 through 404.4.5. 404.4.1 Room area. Every living room shall contain not less than 120 square feet (11.2 m2) and every bedroom shall contain not less than 70 square feet (6.5 m2) and every bedroom occupied by more than one person shall contain not less than 50 square feet (4.6 m2) of floor area for each occupant thereof. 404.4.2 Access from bedrooms. Bedrooms shall not con- stitute the only means of access to other bedrooms or hab- itable spaces and shall not serve as the only means of egress from other habitable spaces. Exception: Units that contain fewer than two bed- rooms. 404.4.3 Water closet accessibility. Every bedroom shall have access to not less than one water closet and one lava- tory without passing through another bedroom. Every bed- room in a dwelling unit shall have access to not less than one water closet and lavatory located in the same story as the bedroom or an adjacent story. 404.4.4 Prohibited occupancy. Kitchens and nonhabit- able spaces shall not be used for sleeping purposes. 404.4.5 Other requirements. Bedrooms shall comply with the applicable provisions of this code including, but not limited to, the light, ventilation, room area, ceiling height and room width requirements of this chapter; the plumbing facilities and water-heating facilities require- ments of Chapter 5; the heating facilities and electrical receptacle requirements of Chapter 6; and the smoke detector and emergency escape requirements of Chapter 7. 404.5 Overcrowding. Dwelling units shall not be occupied by more occupants than permitted by the minimum area requirements of Table 404.5. TABLE 404.5 MINIMUM AREA REQUIREMENTS For SI: 1 square foot = 0.0929 m 2. a. See Section 404.5.2 for combined living room/dining room spaces. b. See Section 404.5.1 for limitations on determining the minimum occupancy area for sleeping purposes. 404.5.1 Sleeping area. The minimum occupancy area required by Table 404.5 shall not be included as a sleeping area in determining the minimum occupancy area for sleeping purposes. Sleeping areas shall comply with Sec- tion 404.4. 404.5.2 Combined spaces. Combined living room and dining room spaces shall comply with the requirements of Table 404.5 if the total area is equal to that required for separate rooms and if the space is located so as to function as a combination living room/dining room. 404.6 Efficiency unit. Nothing in this section shall prohibit an efficiency living unit from meeting the following require- ments: 1. A unit occupied by not more than one occupant shall have a minimum clear floor area of 120 square feet (11.2 m2). A unit occupied by not more than two occu- pants shall have a minimum clear floor area of 220 square feet (20.4 m2). A unit occupied by three occu- pants shall have a minimum clear floor area of 320 square feet (29.7 m2). These required areas shall be exclusive of the areas required by Items 2 and 3. 2. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a minimum clear working space of 30 inches (762 mm) in front. Light and ventilation conforming to this code shall be provided. 3. The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower. 4. The maximum number of occupants shall be three. 404.7 Food preparation. All spaces to be occupied for food preparation purposes shall contain suitable space and equip- ment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage. SPACE MINIMUM AREA IN SQUARE FEET 1-2 occupants 3-5 occupants 6 or more occupants Living rooma, b 120 120 150 Dining rooma, b No requirement 80 100 Bedrooms Shall comply with Section 404.4.1 Item 5b 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE®19 CHAPTER 5 PLUMBING FACILITIES AND FIXTURE REQUIREMENTS SECTION 501 GENERAL 501.1 Scope. The provisions of this chapter shall govern the minimum plumbing systems, facilities and plumbing fixtures to be provided. 501.2 Responsibility. The owner of the structure shall pro- vide and maintain such plumbing facilities and plumbing fix- tures in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any structure or premises that does not comply with the requirements of this chapter. SECTION 502 REQUIRED FACILITIES [P] 502.1 Dwelling units. Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink that shall be maintained in a sanitary, safe working con- dition. The lavatory shall be placed in the same room as the water closet or located in close proximity to the door leading directly into the room in which such water closet is located. A kitchen sink shall not be used as a substitute for the required lavatory. [P] 502.2 Rooming houses. Not less than one water closet, lavatory and bathtub or shower shall be supplied for each four rooming units. [P] 502.3 Hotels. Where private water closets, lavatories and baths are not provided, one water closet, one lavatory and one bathtub or shower having access from a public hallway shall be provided for each 10 occupants. [P] 502.4 Employees’ facilities. Not less than one water closet, one lavatory and one drinking facility shall be avail- able to employees. [P] 502.4.1 Drinking facilities. Drinking facilities shall be a drinking fountain, water cooler, bottled water cooler or disposable cups next to a sink or water dispenser. Drinking facilities shall not be located in toilet rooms or bathrooms. [P] 502.5 Public toilet facilities. Public toilet facilities shall be maintained in a safe, sanitary and working condition in accordance with the International Plumbing Code. Except for periodic maintenance or cleaning, public access and use shall be provided to the toilet facilities at all times during occu- pancy of the premises. SECTION 503 TOILET ROOMS [P] 503.1 Privacy. Toilet rooms and bathrooms shall provide privacy and shall not constitute the only passageway to a hall or other space, or to the exterior. A door and interior locking device shall be provided for all common or shared bathrooms and toilet rooms in a multiple dwelling. [P] 503.2 Location. Toilet rooms and bathrooms serving hotel units, rooming units or dormitory units or housekeeping units, shall have access by traversing not more than one flight of stairs and shall have access from a common hall or pas- sageway. [P] 503.3 Location of employee toilet facilities. Toilet facil- ities shall have access from within the employees’ working area. The required toilet facilities shall be located not more than one story above or below the employees’ working area and the path of travel to such facilities shall not exceed a dis- tance of 500 feet (152 m). Employee facilities shall either be separate facilities or combined employee and public facilities. Exception: Facilities that are required for employees in storage structures or kiosks, which are located in adjacent structures under the same ownership, lease or control, shall not exceed a travel distance of 500 feet (152 m) from the employees’ regular working area to the facilities. [P] 503.4 Floor surface. In other than dwelling units, every toilet room floor shall be maintained to be a smooth, hard, nonabsorbent surface to permit such floor to be easily kept in a clean and sanitary condition. SECTION 504 PLUMBING SYSTEMS AND FIXTURES [P] 504.1 General. Plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures are designed. Plumbing fixtures shall be maintained in a safe, sanitary and functional condition. [P] 504.2 Fixture clearances. Plumbing fixtures shall have adequate clearances for usage and cleaning. [P] 504.3 Plumbing system hazards. Where it is found that a plumbing system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, inadequate venting, cross connection, backsiphonage, improper installation, deterioration or damage or for similar reasons, the code official shall require the defects to be cor- rected to eliminate the hazard. SECTION 505 WATER SYSTEM 505.1 General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. Kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied Item 5b PLUMBING FACILITIES AND FIXTURE REQUIREMENTS 20 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE® with hot or tempered and cold running water in accordance with the International Plumbing Code. [P] 505.2 Contamination. The water supply shall be main- tained free from contamination, and all water inlets for plumbing fixtures shall be located above the flood-level rim of the fixture. Shampoo basin faucets, janitor sink faucets and other hose bibs or faucets to which hoses are attached and left in place, shall be protected by an approved atmospheric-type vacuum breaker or an approved permanently attached hose connection vacuum breaker. 505.3 Supply. The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pres- sures adequate to enable the fixtures to function properly, safely, and free from defects and leaks. 505.4 Water heating facilities. Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a minimum temperature of 110°F (43°C). A gas-burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combustion air is provided. An approved combination tem- perature and pressure-relief valve and relief valve discharge pipe shall be properly installed and maintained on water heat- ers. SECTION 506 SANITARY DRAINAGE SYSTEM [P] 506.1 General. Plumbing fixtures shall be properly con- nected to either a public sewer system or to an approved pri- vate sewage disposal system. [P] 506.2 Maintenance. Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions, leaks and defects. [P] 506.3 Grease interceptors. Grease interceptors and auto- matic grease removal devices shall be maintained in accor- dance with this code and the manufacturer’s installation instructions. Grease interceptors and automatic grease removal devices shall be regularly serviced and cleaned to prevent the discharge of oil, grease, and other substances harmful or hazardous to the building drainage system, the public sewer, the private sewage disposal system or the sew- age treatment plant or processes. Records of maintenance, cleaning and repairs shall be available for inspection by the code official. SECTION 507 STORM DRAINAGE [P] 507.1 General. Drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall not be discharged in a manner that creates a public nuisance. Item 5b 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE®21 CHAPTER 6 MECHANICAL AND ELECTRICAL REQUIREMENTS SECTION 601 GENERAL 601.1 Scope. The provisions of this chapter shall govern the minimum mechanical and electrical facilities and equipment to be provided. 601.2 Responsibility. The owner of the structure shall pro- vide and maintain mechanical and electrical facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises that does not comply with the requirements of this chapter. SECTION 602 HEATING FACILITIES 602.1 Facilities required. Heating facilities shall be pro- vided in structures as required by this section. 602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temper- ature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature for the locality indicated in Appendix D of the International Plumbing Code. Cooking appliances shall not be used, nor shall portable unvented fuel-burning space heaters be used, as a means to provide required heating. Exception: In areas where the average monthly tempera- ture is above 30°F (-1°C), a minimum temperature of 65°F (18°C) shall be maintained. 602.3 Heat supply. Every owner and operator of any build- ing who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to fur- nish heat to the occupants thereof shall supply heat during the period from [DATE] to [DATE] to maintain a minimum temper- ature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms. Exceptions: 1. When the outdoor temperature is below the winter outdoor design temperature for the locality, mainte- nance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter out- door design temperature for the locality shall be as indicated in Appendix D of the International Plumbing Code. 2. In areas where the average monthly temperature is above 30°F (-1°C), a minimum temperature of 65°F (18°C) shall be maintained. 602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the period from [DATE] to [DATE] to maintain a minimum temperature of 65°F (18°C) during the period the spaces are occupied. Exceptions: 1. Processing, storage and operation areas that require cooling or special temperature conditions. 2. Areas in which persons are primarily engaged in vigorous physical activities. 602.5 Room temperature measurement. The required room temperatures shall be measured 3 feet (914 mm) above the floor near the center of the room and 2 feet (610 mm) inward from the center of each exterior wall. SECTION 603 MECHANICAL EQUIPMENT 603.1 Mechanical appliances. Mechanical appliances, fire- places, solid fuel-burning appliances, cooking appliances and water heating appliances shall be properly installed and main- tained in a safe working condition, and shall be capable of performing the intended function. 603.2 Removal of combustion products. Fuel-burning equipment and appliances shall be connected to an approved chimney or vent. Exception: Fuel-burning equipment and appliances that are labeled for unvented operation. 603.3 Clearances. Required clearances to combustible mate- rials shall be maintained. 603.4 Safety controls. Safety controls for fuel-burning equipment shall be maintained in effective operation. 603.5 Combustion air. A supply of air for complete combus- tion of the fuel and for ventilation of the space containing the fuel-burning equipment shall be provided for the fuel-burning equipment. 603.6 Energy conservation devices. Devices intended to reduce fuel consumption by attachment to a fuel-burning appliance, to the fuel supply line thereto, or to the vent outlet or vent piping therefrom, shall not be installed unless labeled for such purpose and the installation is specifically approved. SECTION 604 ELECTRICAL FACILITIES 604.1 Facilities required. Every occupied building shall be provided with an electrical system in compliance with the requirements of this section and Section 605. Item 5b MECHANICAL AND ELECTRICAL REQUIREMENTS 22 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE® 604.2 Service. The size and usage of appliances and equip- ment shall serve as a basis for determining the need for addi- tional facilities in accordance with NFPA 70. Dwelling units shall be served by a three-wire, 120/240 volt, single-phase electrical service having a minimum rating of 60 amperes. 604.3 Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard. 604.3.1 Abatement of electrical hazards associated with water exposure. The provisions of this section shall gov- ern the repair and replacement of electrical systems and equipment that have been exposed to water. 604.3.1.1 Electrical equipment. Electrical distribu- tion equipment, motor circuits, power equipment, trans- formers, wire, cable, flexible cords, wiring devices, ground fault circuit interrupters, surge protectors, molded case circuit breakers, low-voltage fuses, lumi- naires, ballasts, motors and electronic control, signaling and communication equipment that have been exposed to water shall be replaced in accordance with the provi- sions of the International Building Code. Exception: The following equipment shall be allowed to be repaired where an inspection report from the equipment manufacturer or approved man- ufacturer’s representative indicates that the equip- ment has not sustained damage that requires replacement: 1. Enclosed switches, rated a maximum of 600 volts or less; 2. Busway, rated a maximum of 600 volts; 3. Panelboards, rated a maximum of 600 volts; 4. Switchboards, rated a maximum of 600 volts; 5. Fire pump controllers, rated a maximum of 600 volts; 6. Manual and magnetic motor controllers; 7. Motor control centers; 8. Alternating current high-voltage circuit breakers; 9. Low-voltage power circuit breakers; 10. Protective relays, meters and current trans- formers; 11. Low- and medium-voltage switchgear; 12. Liquid-filled transformers; 13. Cast-resin transformers; 14. Wire or cable that is suitable for wet loca- tions and whose ends have not been exposed to water; 15. Wire or cable, not containing fillers, that is suitable for wet locations and whose ends have not been exposed to water; 16. Luminaires that are listed as submersible; 17. Motors; 18. Electronic control, signaling and communi- cation equipment. 604.3.2 Abatement of electrical hazards associated with fire exposure. The provisions of this section shall govern the repair and replacement of electrical systems and equip- ment that have been exposed to fire. 604.3.2.1 Electrical equipment. Electrical switches, receptacles and fixtures, including furnace, water heat- ing, security system and power distribution circuits, that have been exposed to fire, shall be replaced in accordance with the provisions of the International Building Code. Exception: Electrical switches, receptacles and fix- tures that shall be allowed to be repaired where an inspection report from the equipment manufacturer or approved manufacturer’s representative indicates that the equipment has not sustained damage that requires replacement. SECTION 605 ELECTRICAL EQUIPMENT 605.1 Installation. Electrical equipment, wiring and appli- ances shall be properly installed and maintained in a safe and approved manner. 605.2 Receptacles. Every habitable space in a dwelling shall contain not less than two separate and remote receptacle out- lets. Every laundry area shall contain not less than one grounding-type receptacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain not less than one receptacle. Any new bathroom receptacle outlet shall have ground fault circuit interrupter protection. All receptacle outlets shall have the appropriate faceplate cover for the loca- tion. 605.3 Luminaires. Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room and fur- nace room shall contain not less than one electric luminaire. Pool and spa luminaires over 15 V shall have ground fault circuit interrupter protection. 605.4 Wiring. Flexible cords shall not be used for permanent wiring, or for running through doors, windows, or cabinets, or concealed within walls, floors, or ceilings. SECTION 606 ELEVATORS, ESCALATORS AND DUMBWAITERS 606.1 General. Elevators, dumbwaiters and escalators shall be maintained in compliance with ASME A17.1. The most current certificate of inspection shall be on display at all times within the elevator or attached to the escalator or dumb- Item 5b MECHANICAL AND ELECTRICAL REQUIREMENTS 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE®23 waiter, be available for public inspection in the office of the building operator or be posted in a publicly conspicuous location approved by the code official. The inspection and tests shall be performed at not less than the periodic intervals listed in ASME A17.1, Appendix N, except where otherwise specified by the authority having jurisdiction. 606.2 Elevators. In buildings equipped with passenger eleva- tors, not less than one elevator shall be maintained in opera- tion at all times when the building is occupied. Exception: Buildings equipped with only one elevator shall be permitted to have the elevator temporarily out of service for testing or servicing. SECTION 607 DUCT SYSTEMS 607.1 General. Duct systems shall be maintained free of obstructions and shall be capable of performing the required function. Item 5b 24 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE® Item 5b 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE®25 CHAPTER 7 FIRE SAFETY REQUIREMENTS SECTION 701 GENERAL 701.1 Scope. The provisions of this chapter shall govern the minimum conditions and standards for fire safety relating to structures and exterior premises, including fire safety facili- ties and equipment to be provided. 701.2 Responsibility. The owner of the premises shall pro- vide and maintain such fire safety facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises that do not comply with the require- ments of this chapter. SECTION 702 MEANS OF EGRESS [F] 702.1 General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the International Fire Code. [F] 702.2 Aisles. The required width of aisles in accordance with the International Fire Code shall be unobstructed. [F] 702.3 Locked doors. Means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the International Building Code. [F] 702.4 Emergency escape openings. Required emergency escape openings shall be maintained in accordance with the code in effect at the time of construction, and the following. Required emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or tools. Bars, grilles, grates or similar devices are per- mitted to be placed over emergency escape and rescue open- ings provided the minimum net clear opening size complies with the code that was in effect at the time of construction and such devices shall be releasable or removable from the inside without the use of a key, tool or force greater than that which is required for normal operation of the escape and res- cue opening. SECTION 703 FIRE-RESISTANCE RATINGS [F] 703.1 Fire-resistance-rated assemblies. The required fire-resistance rating of fire-resistance-rated walls, fire stops, shaft enclosures, partitions and floors shall be maintained. [F] 703.2 Opening protectives. Required opening protec- tives shall be maintained in an operative condition. Fire and smokestop doors shall be maintained in operable condition. Fire doors and smoke barrier doors shall not be blocked or obstructed or otherwise made inoperable. SECTION 704 FIRE PROTECTION SYSTEMS [F] 704.1 General. Systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be maintained in an operable con- dition at all times in accordance with the International Fire Code. [F] 704.1.1 Automatic sprinkler systems. Inspection, testing and maintenance of automatic sprinkler systems shall be in accordance with NFPA 25. [F] 704.1.2 Fire department connection. Where the fire department connection is not visible to approaching fire apparatus, the fire department connection shall be indi- cated by an approved sign mounted on the street front or on the side of the building. Such sign shall have the letters “FDC” not less than 6 inches (152 mm) high and words in letters not less than 2 inches (51 mm) high or an arrow to indicate the location. Such signs shall be subject to the approval of the fire code official. [F] 704.2 Single- and multiple-station smoke alarms. Sin- gle- and multiple-station smoke alarms shall be installed in existing Group I-1 and R occupancies in accordance with Sections 704.2.1 through 704.2.3. [F] 704.2.1 Where required. Existing Group I-1 and R occupancies shall be provided with single-station smoke alarms in accordance with Sections 704.2.1.1 through 704.2.1.4. Interconnection and power sources shall be in accordance with Sections 704.2.2 and 704.2.3. Exceptions: 1. Where the code that was in effect at the time of construction required smoke alarms and smoke alarms complying with those requirements are already provided. 2. Where smoke alarms have been installed in occu- pancies and dwellings that were not required to have them at the time of construction, additional smoke alarms shall not be required provided that the existing smoke alarms comply with require- ments that were in effect at the time of installa- tion. 3. Where smoke detectors connected to a fire alarm system have been installed as a substitute for smoke alarms. [F] 704.2.1.1 Group R-1. Single- or multiple-station smoke alarms shall be installed in all of the following locations in Group R-1: 1. In sleeping areas. 2. In every room in the path of the means of egress from the sleeping area to the door leading from the sleeping unit. Item 5b FIRE SAFETY REQUIREMENTS 26 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE® 3. In each story within the sleeping unit, including basements. For sleeping units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level. [F] 704.2.1.2 Groups R-2, R-3, R-4 and I-1. Single- or multiple-station smoke alarms shall be installed and maintained in Groups R-2, R-3, R-4 and I-1 regardless of occupant load at all of the following locations: 1. On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bed- rooms. 2. In each room used for sleeping purposes. 3. In each story within a dwelling unit, including basements but not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level. [F] 704.2.1.3 Installation near cooking appliances. Smoke alarms shall not be installed in the following locations unless this would prevent placement of a smoke alarm in a location required by Section 704.2.1.1 or 704.2.1.2. 1. Ionization smoke alarms shall not be installed less than 20 feet (6096 m) horizontally from a permanently installed cooking appliance. 2. Ionization smoke alarms with an alarm-silencing switch shall not be installed less than 10 feet (3048 mm) horizontally from a permanently installed cooking appliance. 3. Photoelectric smoke alarms shall not be installed less than 6 feet (1829 mm) horizontally from a permanently installed cooking appliance. [F] 704.2.1.4 Installation near bathrooms. Smoke alarms shall be installed not less than 3 feet (914 mm) horizontally from the door or opening of a bathroom that contains a bathtub or shower unless this would pre- vent placement of a smoke alarm required by Section 704.2.1.1 or 704.2.1.2. [F] 704.2.2 Interconnection. Where more than one smoke alarm is required to be installed within an individual dwelling or sleeping unit, the smoke alarms shall be inter- connected in such a manner that the activation of one alarm will activate all of the alarms in the individual unit. Physical interconnection of smoke alarms shall not be required where listed wireless alarms are installed and all alarms sound upon activation of one alarm. The alarm shall be clearly audible in all bedrooms over background noise levels with all intervening doors closed. Exceptions: 1. Interconnection is not required in buildings that are not undergoing alterations, repairs or con- struction of any kind. 2. Smoke alarms in existing areas are not required to be interconnected where alterations or repairs do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement avail- able that could provide access for interconnection without the removal of interior finishes. [F] 704.2.3 Power source. Single-station smoke alarms shall receive their primary power from the building wiring provided that such wiring is served from a commercial source and shall be equipped with a battery backup. Smoke alarms with integral strobes that are not equipped with battery backup shall be connected to an emergency electrical system. Smoke alarms shall emit a signal when the batteries are low. Wiring shall be permanent and with- out a disconnecting switch other than as required for over- current protection. Exceptions: 1. Smoke alarms are permitted to be solely battery operated in existing buildings where no construc- tion is taking place. 2. Smoke alarms are permitted to be solely battery operated in buildings that are not served from a commercial power source. 3. Smoke alarms are permitted to be solely battery operated in existing areas of buildings undergo- ing alterations or repairs that do not result in the removal of interior walls or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available that could pro- vide access for building wiring without the removal of interior finishes. [F] 704.2.4 Smoke detection system. Smoke detectors listed in accordance with UL 268 and provided as part of the building’s fire alarm system shall be an acceptable alternative to single- and multiple-station smoke alarms and shall comply with the following: 1. The fire alarm system shall comply with all applica- ble requirements in Section 907 of the International Fire Code. 2. Activation of a smoke detector in a dwelling or sleeping unit shall initiate alarm notification in the dwelling or sleeping unit in accordance with Section 907.5.2 of the International Fire Code. 3. Activation of a smoke detector in a dwelling or sleeping unit shall not activate alarm notification appliances outside of the dwelling or sleeping unit, provided that a supervisory signal is generated and monitored in accordance with Section 907.6.5 of the International Fire Code. Item 5b 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE®27 CHAPTER 8 REFERENCED STANDARDS This chapter lists the standards that are referenced in various sections of this document. The standards are listed herein by the promulgating agency of the standard, the standard identification, the effective date and title and the section or sections of this document that reference the standard. The application of the referenced standards shall be as specified in Section 102.7. ASME American Society of Mechanical Engineers Three Park Avenue New York, NY 10016-5990 Standard Referenced reference in code number Title section number ASME A17.1/CSA B44—2013 Safety Code for Elevators and Escalators. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .606.1 ASTM ASTM International 100 Barr Harbor Drive West Conshohocken, PA 19428-2959 Standard Referenced reference in code number Title section number F 1346—91 (2010) Performance Specifications for Safety Covers and Labeling Requirements for All Covers for Swimming Pools, Spas and Hot Tubs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .303.2 ICC International Code Council 500 New Jersey Avenue, NW 6th Floor Washington, DC 20001 Standard Referenced reference in code number Title section number IBC—15 International Building Code®. . . . . . . . . . . . . . . . . . . . . . . . 102.3, 201.3, 304.1.1, 305.1.1, 306.1.1, 401.3, 702.3 IEBC—15 International Existing Building Code®. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102.3, 305.1.1, 306.1.1 IFC—15 International Fire Code®. . . . . . . . . . . . . . . . . . . . . 102.3, 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®. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .102.3, 201.3, 505.1, 602.2, 602.3 IRC—15 International Residential Code®. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102.3, 201.3 IZC—15 International Zoning Code®. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102.3, 201.3 NFPA National Fire Protection Association 1 Batterymarch Park Quincy, MA 02269 Standard Referenced reference in code number Title section number 25—14 Standard for the Inspection, Testing and Maintenance of Water-Based Fire Protection Systems . . . . . . . 704.1.1 70—14 National Electrical Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .102.4, 201.3, 604.2 Item 5b 28 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE® Item 5b 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE®29 APPENDIX A BOARDING STANDARD The provisions contained in this appendix are not mandatory unless specifically referenced in the adopting ordinance. A101 GENERAL A101.1 General. Windows and doors shall be boarded in an approved manner to prevent entry by unauthorized persons and shall be painted to correspond to the color of the existing structure. A102 MATERIALS A102.1 Boarding sheet material. Boarding sheet material shall be minimum 1/2-inch-thick (12.7 mm) wood structural panels complying with the International Building Code. A102.2 Boarding framing material. Boarding framing material shall be minimum nominal 2-inch by 4-inch (51 mm by 102 mm) solid sawn lumber complying with the Interna- tional Building Code. A102.3 Boarding fasteners. Boarding fasteners shall be minimum 3/8-inch-diameter (9.5 mm) carriage bolts of such a length as required to penetrate the assembly and as required to adequately attach the washers and nuts. Washers and nuts shall comply with the International Building Code. A103 INSTALLATION A103.1 Boarding installation. The boarding installation shall be in accordance with Figures A103.1(1) and A103.1(2) and Sections A103.2 through A103.5. A103.2 Boarding sheet material. The boarding sheet mate- rial shall be cut to fit the door or window opening neatly or shall be cut to provide an equal overlap at the perimeter of the door or window. A103.3 Windows. The window shall be opened to allow the carriage bolt to pass through or the window sash shall be removed and stored. The 2-inch by 4-inch (51 mm by 102 mm) strong back framing material shall be cut minimum 2 inches (51 mm) wider than the window opening and shall be placed on the inside of the window opening 6 inches (152 mm) minimum above the bottom and below the top of the window opening. The framing and boarding shall be pre- drilled. The assembly shall be aligned and the bolts, washers and nuts shall be installed and secured. A103.4 Door walls. The door opening shall be framed with minimum 2-inch by 4-inch (51 mm by 102 mm) framing material secured at the entire perimeter and vertical members at a maximum of 24 inches (610 mm) on center. Blocking shall also be secured at a maximum of 48 inches (1219 mm) on center vertically. Boarding sheet material shall be secured with screws and nails alternating every 6 inches (152 mm) on center. A103.5 Doors. Doors shall be secured by the same method as for windows or door openings. One door to the structure shall be available for authorized entry and shall be secured and locked in an approved manner. A104 REFERENCED STANDARD IBC—12 International Building Code A102.1, A102.2, A102.3 Item 5b APPENDIX A 30 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE® 3/8″ carriage bolts. Bolts shall be long enough to extend from the exterior plywood through the interior plywood and strong backs and fastened from the interior with a nut. 2″ x 4″ strong backs Window frame 2″ x 4″ strong backs ½″ CDX plywood or performance-rated OSB. 3/8″ carriage bolts. Bolts shall be long enough to extend from the exterior plywood through the interior plywood and strong backs and fastened from the interior with a nut. 12″ 6″ FIGURE A103.1(1) BOARDING OF DOOR OR WINDOW FIGURE A103.1(2) BOARDING OF DOOR WALL Item 5b 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE®31 INDEX A ACCESS Emergency egress . . . . . . . . . . . . . . . . . . . . . . . . 702 From bedrooms . . . . . . . . . . . . . . . . . . . . . . . 404.4.2 Plumbing fixtures, access for cleaning . . . . . . . .504.2 To public way . . . . . . . . . . . . . . . . . . . . . . . . . . .702.1 Toilet room as passageway . . . . . . . . . . . . . . . .503.1 Water closet . . . . . . . . . . . . . . . . . . . . . . . . . . 404.4.3 ADJACENT Privacy (hotel units, rooming units). . . . . . . . . . .404.1 ADMINISTRATION Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .101.2 AGENT (See also OPERATOR, OWNER) Definition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 AIR Combustion air . . . . . . . . . . . . . . . . . . . . . . . . . .603.5 AISLES Minimum width . . . . . . . . . . . . . . . . . . . . . . . . . .702.2 ALTERATION Applicability of other codes. . . . . . . . . . . . . . . . .102.3 Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .104.2 Prosecution. . . . . . . . . . . . . . . . . . . . . . . . . . . . .106.3 Unlawful acts . . . . . . . . . . . . . . . . . . . . . . . . . . .106.1 ANCHOR Anchored, definition . . . . . . . . . . . . . . . . . . . . . . . 202 Architectural trim. . . . . . . . . . . . . . . . . . . . . . . . .304.8 Signs, marquees and awnings . . . . . . . . . . . . . .304.9 Unsafe conditions. . . . . . . . . . . . . . . . . . . . . . 304.1.1 APPEAL Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . .111.1 Board decision . . . . . . . . . . . . . . . . . . . . . . . . . .111.6 Board of appeals . . . . . . . . . . . . . . . . . . . . . . . .111.2 Court review . . . . . . . . . . . . . . . . . . . . . . . . . . . .111.7 Disqualification . . . . . . . . . . . . . . . . . . . . . . . . 111.2.3 Financial interest . . . . . . . . . . . . . . . . . . . . . . 111.2.3 Hearing, emergency orders . . . . . . . . . . . . . . . .109.6 Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . .111.2 Notice of appeal . . . . . . . . . . . . . . . . . . . . . . . . .111.1 Postponed hearing . . . . . . . . . . . . . . . . . . . . . . .111.5 Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .104.6 Right to appeal . . . . . . . . . . . . . . . . . . . . . . . . . .111.1 Vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .111.6 APPLIANCE Cooking . . . . . . . . . . . . . . . . . . . . . . . . . 403.3, 602.2 Mechanical . . . . . . . . . . . . . . . . . . . . . . . . . . . . .603.1 APPLICABILITY Application of references . . . . . . . . . . . . . . . . . .102.9 General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102.1 Other laws. . . . . . . . . . . . . . . . . . . . . . . . . . . . 102.10 Referenced codes and standards. . . . . . . . . . . 102.7 APPROVAL Alternatives. . . . . . . . . . . . . . . . . . . . . . . . . . . . 105.2 Authority . . . . . . . . . . . . . . . . . . . . . . . . . 104.1, 105.2 Modifications. . . . . . . . . . . . . . . . . . . . . . . . . . . 105.1 Research reports . . . . . . . . . . . . . . . . . . . . . . . 105.6 Used material and equipment. . . . . . . . . . . . . . 105.4 APPROVED Alternative materials, methods and equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . 105.2 Definition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 Energy conservation devices . . . . . . . . . . . . . . 603.6 Garbage storage facilities. . . . . . . . . . . . . . . . 308.3.1 Modifications. . . . . . . . . . . . . . . . . . . . . . . . . . . 105.1 Used materials and equipment. . . . . . . . . . . . . 105.4 ARTIFICIAL Lighting of habitable rooms. . . . . . . . . . . . . . . . 401.3 Lighting of other spaces . . . . . . . . . . . . . . . . . . 402.3 AUTOMOBILE Motor vehicles. . . . . . . . . . . . . . . . . . . . . . . . . . 302.8 AWNING Signs, marquees and awnings . . . . . . . . . . . . . 304.9 B BALCONY Handrails and guardrails. . . . . . . . . . . . . . . . . 304.12 BASEMENT Definition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 Hatchways . . . . . . . . . . . . . . . . . . . . . . . . . . . 304.16 Windows . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 304.17 BATHROOM Common bathrooms . . . . . . . . . . . . . . . . 502.3, 503.1 Hotels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 502.3 Lighting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 605.3 Locks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 503.1 Outlets required . . . . . . . . . . . . . . . . . . . . . . . . 605.2 Privacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 503.1 Ventilation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 403.2 BATHTUB Dwelling units . . . . . . . . . . . . . . . . . . . . . . . . . . 502.1 Rooming houses. . . . . . . . . . . . . . . . . . . . . . . . 502.2 Sewage system. . . . . . . . . . . . . . . . . . . . . . . . . 506.1 Water-heating facilities . . . . . . . . . . . . . . . . . . . 505.4 Water system . . . . . . . . . . . . . . . . . . . . . . . . . . 505.1 Item 5b INDEX 32 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE® BOARDING Boarding standard . . . . . . . . . . . . . . . . . . Appendix A BOILER Unsafe equipment . . . . . . . . . . . . . . . . . . . . . 108.1.2 C CAPACITY Heating facilities. . . . . . . . . . . . . . 602.2, 602.3, 602.4 CAR (See AUTOMOBILE) CEILING Basement rooms . . . . . . . . . . . . . . . . . . . . . . . . 404.3 Fire-resistance ratings. . . . . . . . . . . . . . . . . . . . 703.1 Interior surfaces. . . . . . . . . . . . . . . . . . . . . . . . . 305.3 Minimum height . . . . . . . . . . . . . . . . . . . . . . . . . 404.3 Sleeping rooms . . . . . . . . . . . . . . . . . . . . . . . . . 404.3 CHANGE, MODIFY Application of other codes . . . . . . . . . . . . . . . . . 102.3 CHIMNEY Exterior structure . . . . . . . . . . . . . . . . . . . . . . . 304.11 Flue . . . . . . . . . . . . . . . . . . . . . . . . . . . . 603.2, 603.3 CLEANING Access for cleaning . . . . . . . . . . . . . . . . . . . . . . 504.2 Disposal of garbage. . . . . . . . . . . . . . . . . . . . . . 308.3 Disposal of rubbish . . . . . . . . . . . . . . . . . . . . . . 308.2 Interior and exterior sanitation . . . . . . . . . . . . . . 308.1 Interior surfaces. . . . . . . . . . . . . . . . . . . . . . . . . 305.3 Plumbing facilities, maintained . . . . . . . . . . . . . 504.1 Required plumbing facilities. . . . . . . . . . . . . . . . . 502 Responsibility of persons. . . . . . . . . . . . . . . . . . 305.1 Trash containers . . . . . . . . . . . . . . . . . . . . . . 308.3.2 Vacant structures and land . . . . . . . . . . . . . . . . 301.3 CLEARANCE Heating facilities. . . . . . . . . . . . . . . . . . . . . . . . . 603.3 Plumbing fixtures . . . . . . . . . . . . . . . . . . . . . . . . 504.2 CLOSING Streets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109.3 Vacant structures. . . . . . . . . . . . . . . . . . . . . . . . 108.2 CLOTHES DRYER Exhaust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 403.5 CODE OFFICIAL Condemnation . . . . . . . . . . . . . . . . . . . . . . . . . . 108.1 Demolition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 Duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 Emergency order . . . . . . . . . . . . . . . . . . . . . . . . . 109 Enforcement authority . . . . . . . . . . . . . . . . . . . . 104.1 Failure to comply with demolition order . . . . . . . 110.3 Identification. . . . . . . . . . . . . . . . . . . . . . . . . . . . 104.3 Inspections. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104.2 Liability, relief of personal . . . . . . . . . . . . . . . . . 103.4 Membership of board of appeals . . . . . . . . . . . . 111.2 Notice of violation . . . . . . . . . . . . . . . . . . . 104.5, 107 Notices and orders. . . . . . . . . . . . . . . . . . . . . . . . 107 Official records. . . . . . . . . . . . . . . . . . . . . . . . . .104.6 Personal liability. . . . . . . . . . . . . . . . . . . . . . . . .103.4 Placarding . . . . . . . . . . . . . . . . . . . . . . . . . . . . .108.4 Prosecution . . . . . . . . . . . . . . . . . . . . . . . . . . . .106.3 Removal of placard . . . . . . . . . . . . . . . . . . . . 108.4.1 Right of entry . . . . . . . . . . . . . . . . . . . . . . . . . . .104.3 Transfer of ownership . . . . . . . . . . . . . . . . . . . .107.6 Vacant structures. . . . . . . . . . . . . . . . . . . . . . . .108.2 Voting of appeals board. . . . . . . . . . . . . 111.2, 111.6 COMBUSTION Combustion air. . . . . . . . . . . . . . . . . . . . . . . . . .603.5 COMPONENT SERVICEABILITY Unsafe conditions. . . . . . . . . . . . . . . . . . . . . . 306.1.1 CONDEMNATION Closing of vacant structures. . . . . . . . . . . . . . . .108.2 Failure to comply . . . . . . . . . . . . . . . . . . . . . . . .110.3 General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .108.1 Notices and orders. . . . . . . . . . . . . . . . . 108.2, 108.3 Placarding . . . . . . . . . . . . . . . . . . . . . . . . . . . . .108.4 Removal of placard . . . . . . . . . . . . . . . . . . . . 108.4.1 CONFLICT Conflict of interest . . . . . . . . . . . . . . . . . . . . . 111.2.3 Violations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .106.1 CONNECTION Sewage system . . . . . . . . . . . . . . . . . . . . . . . . .506.1 Water heating. . . . . . . . . . . . . . . . . . . . . . . . . . .505.4 Water system. . . . . . . . . . . . . . . . . . . . . . . . . . .505.1 CONSTRUCTION Existing structures . . . . . . . . . . . . . . . . . . . . . . .101.2 CONTAINER Garbage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 308.3.2 Rubbish storage. . . . . . . . . . . . . . . . . . . . . . . 308.2.1 CONTINUOUS Unobstructed egress . . . . . . . . . . . . . . . . . . . . .702.1 CONTROL Rodent control . . . . . . . . . . . . . . . . . . . . 302.5, 304.5 Safety controls . . . . . . . . . . . . . . . . . . . . . . . . . .603.4 Weed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .302.4 COOLING Cooling towers . . . . . . . . . . . . . . . . . . . . . . . . .304.11 CORRIDOR Accumulation of rubbish. . . . . . . . . . . . . . . . . . .308.1 Light . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .402.2 Lighting fixtures . . . . . . . . . . . . . . . . . . . . . . . . .605.3 Obstructions. . . . . . . . . . . . . . . . . . . . . . 702.1, 702.2 Ratings maintained . . . . . . . . . . . . . . . . . . . . . . . 703 D DAMP, DAMPNESS Roofs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .304.7 Item 5b INDEX 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE®33 Window, door frames . . . . . . . . . . . . . . . . . . . .304.13 DANGEROUS, HAZARDOUS Condemnation . . . . . . . . . . . . . . . . . . . . . . . . . .108.1 Demolition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 Electrical hazards . . . . . . . . . . . . . . . . .604.3, 604.3.1 Existing remedies . . . . . . . . . . . . . . . . . . . . . . . .102.4 Imminent danger. . . . . . . . . . . . . . . . . . . . . . . . . . 202 Unsafe equipment . . . . . . . . . . . . . . . . . . . . . 108.1.2 Unsafe structures or premises . . . . . . . . . . . . 108.1.5 DECKS Handrails and guardrails. . . . . . . . . . . . . . . . . .304.12 Maintenance. . . . . . . . . . . . . . . . . . . . . 304.2, 304.10 DEMOLITION Existing remedies . . . . . . . . . . . . . . . . . . . . . . . .102.4 Failure to comply . . . . . . . . . . . . . . . . . . . . . . . .110.3 General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .110.2 Salvage materials. . . . . . . . . . . . . . . . . . . . . . . .110.4 DETECTORS Smoke . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 704 DETERIORATION Components of systems. . . . . . . . . . . . . . . . . 306.1.1 Definition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 Exterior structure . . . . . . . . . . . . . . . . . . . . . . 304.1.1 Exterior walls . . . . . . . . . . . . . . . . . . . . . . . . . . .304.6 DIRECT Egress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .702.1 DISPOSAL Disposal of garbage . . . . . . . . . . . . . . . . . . . . . .308.3 Disposal of rubbish. . . . . . . . . . . . . . . . . . . . . . .308.2 DOOR Exit doors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .702.3 Fire . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .703.2 Hardware . . . . . . . . . . . . . . . . . . . . . . . . . . . . .304.15 Insect screens . . . . . . . . . . . . . . . . . . . . . . . . .304.14 Interior surfaces . . . . . . . . . . . . . . . . . . . . . . . . .305.3 Locks . . . . . . . . . . . . . . . . . . . . . . . . . . 304.15, 702.3 Maintenance. . . . . . . . . . . . . . . . . . . . 304.13, 304.15 Weather tight . . . . . . . . . . . . . . . . . . . . . . . . . .304.13 Window and door frames . . . . . . . . . . . . . . . . .304.13 DORMITORY (ROOMING HOUSE, HOTEL, MOTEL) Locked doors . . . . . . . . . . . . . . . . . . . . . . . . . . .702.3 Privacy . . . . . . . . . . . . . . . . . . . . . . . . . . 503.1, 503.2 DRAIN, DRAINAGE Basement hatchways . . . . . . . . . . . . . . . . . . . .304.16 Plumbing connections . . . . . . . . . . . . . . . . . . . . . 506 Storm drainage. . . . . . . . . . . . . . . . . . . . . . . . . . . 507 DUCT Exhaust duct. . . . . . . . . . . . . . . . . . . . . . . . . . . .304.9 Duct systems . . . . . . . . . . . . . . . . . . . . . . . . . . . . 607 DUST Process ventilation . . . . . . . . . . . . . . . . . . . . . . 403.4 DWELLING Cleanliness . . . . . . . . . . . . . . . . . . . . . . . 305.1, 308.1 Definition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 Electrical . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 604.1 Heating facilities . . . . . . . . . . . . . . . . . . . . . . . . . . 602 Required facilities . . . . . . . . . . . . . . . . . . . . . . . . . 502 E EGRESS Aisles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 702.2 Emergency escape. . . . . . . . . . . . . . . . . . . . . . 702.4 General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 702.1 Lighting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 402.2 Locked doors . . . . . . . . . . . . . . . . . . . . . . . . . . 702.3 Obstructions prohibited. . . . . . . . . . . . . . . . . . . 702.1 Stairs, porches and railings. . . . . . . . . . . . . . . 304.10, 305.4, 305.5, 307.1 ELECTRIC, ELECTRICAL EQUIPMENT Abatement of hazards, fire exposure . . . . . . . 604.3.2 Abatement of hazards, water exposure . . . . . 604.3.1 Condemnation. . . . . . . . . . . . . . . . . . . . . . . . . . 108.1 Electrical equipment . . . . . . . . . . . . . . . . . . 604.3.1.1 Facilities required . . . . . . . . . . . . . . . . . . . . . . . 604.1 Hazards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 604.3 Installation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 605.1 Lighting fixtures. . . . . . . . . . . . . . . . . . . . . . . . . 605.3 Receptacles . . . . . . . . . . . . . . . . . . . . . . 604.3, 605.2 Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . 601.2 Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 604.2 ELEVATOR, ESCALATORS, DUMBWAITERS Condemnation. . . . . . . . . . . . . . . . . . . . . . . . . . 108.1 General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 606.1 Maintenance . . . . . . . . . . . . . . . . . . . . . . 606.1, 606.2 EMERGENCY Emergency escape openings . . . . . . . . . . . . . . 702.4 Emergency measures. . . . . . . . . . . . . . . . . . . . . . 109 Emergency orders. . . . . . . . . . . . . . . . . . . . . . . 109.1 ENFORCEMENT Duties and powers . . . . . . . . . . . . . . . . . . . . . . . . 104 Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101.2 EQUIPMENT Alternative. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105.2 Combustion air . . . . . . . . . . . . . . . . . . . . . . . . . 603.5 Condemnation. . . . . . . . . . . . . . . . . . . 108.1.2, 108.3 Electrical installation . . . . . . . . . . . . . . . . . . . . . 605.1 Emergency order . . . . . . . . . . . . . . . . . . . . . . . 109.1 Energy conservation devices . . . . . . . . . . . . . . 603.6 Installation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 603.1 Item 5b INDEX 34 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE® Interior structure. . . . . . . . . . . . . . . . . . . . . . . . . 305.1 Placarding . . . . . . . . . . . . . . . . . . . . . . . 108.4, 108.5 Prohibited use . . . . . . . . . . . . . . . . . . . . . . . . . . 108.5 Responsibility. . . . . . . . . . . . . . . . . . . . . . . . . . . 601.2 Safety controls. . . . . . . . . . . . . . . . . . . . . . . . . . 603.4 Scope. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101.2 Scope, mechanical and electrical . . . . . . . . . . . 601.1 Support, definition . . . . . . . . . . . . . . . . . . . . . . . . 202 Unsafe . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108.1.2 Used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105.4 EXHAUST Clothes dryer . . . . . . . . . . . . . . . . . . . . . . . . . . . 403.5 Exhaust ducts . . . . . . . . . . . . . . . . . . . . . . . . . . 304.9 Process ventilation. . . . . . . . . . . . . . . . . . . . . . . 403.4 EXISTING Remedies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102.4 Scope. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101.2 Structural members . . . . . . . . . . . . . . . 304.1.1, 304.4 Structures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101.3 EXTERIOR Decorative features . . . . . . . . . . . . . . . . . . . . . . 304.8 Exterior structure . . . . . . . . . . . . . . . . . . . . . . . . . 304 Exterior walls . . . . . . . . . . . . . . . . . . . . . . . . . . . 304.6 Painting . . . . . . . . . . . . . . . . . . . . . . . . . 304.2, 304.6 Rodent harborage . . . . . . . . . . . . . . . . . 302.5, 304.5 Sanitation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 304.1 Scope. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 301.1 Stair . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 304.10 Street numbers . . . . . . . . . . . . . . . . . . . . . . . . . 304.3 Unsafe conditions . . . . . . . . . . . . . . . . . . . . . 304.1.1 Weather tight . . . . . . . . . . . . . . . . . . . . . . . . . . 304.13 F FAN Exhaust vents . . . . . . . . . . . . . . . . . . . . . . . . . . 302.6 FEES, EXPENSES, COST Closing vacant structures . . . . . . . . . . . . . . . . . 108.2 Demolition . . . . . . . . . . . . . . . . . . 110.1, 110.3, 110.4 Extermination. . . . . . . . . . 309.2, 309.3, 309.4, 309.5 General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103.5 Relief from personal liability. . . . . . . . . . . . . . . . 103.4 FENCE Accessory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302.7 Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . 304.2 FIRE Automatic sprinkler systems . . . . . . . . . . . . . 704.1.1 Fire-resistance-rated assemblies. . . . . . . . . . . . 703.1 Fire department connection. . . . . . . . . . . . . . 704.1.2 Fire protection systems . . . . . . . . . . . . . . . . . . . . 704 Responsibility, fire safety. . . . . . . . . . . . . . . . . . 701.2 Scope. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .101.2 Scope, fire safety . . . . . . . . . . . . . . . . . . . . . . . .701.1 Smoke alarms . . . . . . . . . . . . . . . . . . . . . . . . . .704.2 FLAMMABLE LIQUID Containers . . . . . . . . . . . . . . . . . . . . . . . . . . . 108.1.2 FLOOR, FLOORING Area for sleeping purposes . . . . . . . . . . . . . . 404.4.1 Fire-resistance ratings . . . . . . . . . . . . . . . . . . . .703.1 Interior surfaces . . . . . . . . . . . . . . . . . . . 305.1, 305.3 Space requirements. . . . . . . . . . . . . . .404.4.1, 404.6 FOOD PREPARATION Cooking equipment . . . . . . . . . . . . . . . . . . . . . .403.3 Sanitary condition. . . . . . . . . . . . . . . . . . 305.1, 404.7 Ventilation . . . . . . . . . . . . . . . . . . . . . . . . . . . . .403.4 FOUNDATION Condemnation . . . . . . . . . . . . . . . . . . . . . . . . 108.1.1 Foundation walls . . . . . . . . . . . . . . . . . . . . . . . .304.5 Unsafe conditions. . . . . . . . . . . . . . . 304.1.1, 305.1.1 FRAME Window and door frames. . . . . . . . . . . . . . . . .304.13 G GAS Energy conservation devices. . . . . . . . . . . . . . .603.6 Exhaust vents. . . . . . . . . . . . . . . . . . . . . . . . . . .302.6 GLAZING Materials. . . . . . . . . . . . . . . . . . . . . . . . . . . . 304.13.1 GRADE Drainage. . . . . . . . . . . . . . . . . . . . . . . . . . .302.2, 507 GUARD Anchorage and maintenance. . . . . . . . . . . . . .304.12 Basement windows . . . . . . . . . . . . . . . . . . . 304.18.2 Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 H HABITABLE Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 Light . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 402 Minimum ceiling height. . . . . . . . . . . . . . . . . . . .404.3 Minimum room width . . . . . . . . . . . . . . . . . . . . .404.2 Required plumbing facilities. . . . . . . . . . . . . . . . . 502 Residential heating facilities. . . . . . . . . . 602.2, 602.3 Space requirements. . . . . . . . . . . . . . . . . . . . 404.4.1 Ventilation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 403 HANDRAILS AND GUARDRAILS Handrails . . . . . . . . . . . . . . . . . .304.12, 305.5, 307.1 Stairs and porches. . . . . . . . . . . . . . . . . . . . . .304.10 HARDWARE Door hardware . . . . . . . . . . . . . . . . . . . 304.15, 702.3 Openable windows. . . . . . . . . . . . . . . . . . . . 304.13.2 Item 5b INDEX 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE®35 HAZARDOUS (See DANGEROUS, HAZARDOUS) HEAT, HEATING Energy conservation devices . . . . . . . . . . . . . . .603.6 Fireplaces. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .603.1 Heating . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .603.1 Mechanical equipment . . . . . . . . . . . . . . . . . . . .603.1 Required capabilities . . . . . . . . . . . . . . . . . . . . . . 602 Residential heating. . . . . . . . . . . . . . . . . 602.2, 602.3 Supply. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .602.3 Water heating facilities . . . . . . . . . . . . . . . . . . . .505.4 Water system . . . . . . . . . . . . . . . . . . . . . . . . . . . . 505 HEIGHT Minimum ceiling height. . . . . . . . . . . . . . . . . . . .404.3 HOT (See HEAT, HEATING) HOTELS, ROOMING HOUSES AND DORMITORY UNITS, MOTELS Definition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 Locked doors . . . . . . . . . . . . . . . . . . . . . . . . . . .702.3 Required facilities . . . . . . . . . . . . . . . . . . . . . . . . . 502 Toilet rooms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 503 HOUSEKEEPING UNIT Definition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 I IDENTIFICATION Code official . . . . . . . . . . . . . . . . . . . . . . . . . . . .104.4 INFESTATION Condemnation . . . . . . . . . . . . . . . . . . . . . . . . 108.1.3 Definition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 Insect and rodent . . . . . . . . . . . .302.5, 304.14, 309.1 INSECTS Infestation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .309.1 Insect screens . . . . . . . . . . . . . . . . . . . . . . . . .304.14 Pest elimination . . . . . . . . . . . . . . . . . . . . . . . . . . 309 INSPECTIONS General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .104.2 Right of entry . . . . . . . . . . . . . . . . . . . . . . . . . . .104.3 INSPECTOR Identification . . . . . . . . . . . . . . . . . . . . . . . . . . . .104.4 Inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . .104.2 Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .104.6 INTENT Code. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .101.3 INTERIOR Interior structure . . . . . . . . . . . . . . . . . . . . . . . . . . 305 Interior surfaces . . . . . . . . . . . . . . . . . . . . . . . . .305.3 Means of egress. . . . . . . . . . . . . . . . . . . . . . . . . . 702 Sanitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .305.1 Unsafe conditions. . . . . . . . . . . . . . . . . . . . . . 305.1.1 J JURISDICTION Title. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101.1 K KITCHEN Electrical outlets required . . . . . . . . . . . . . . . . . 605.2 Minimum width . . . . . . . . . . . . . . . . . . . . . . . . . 404.2 Prohibited use. . . . . . . . . . . . . . . . . . . . . . . . . 404.4.4 Room lighting . . . . . . . . . . . . . . . . . . . . . . . . . . 605.3 Water heating facilities . . . . . . . . . . . . . . . . . . . 505.4 L LANDING Handrails and guards . . . . . . . . . . . . . . . . . . . 304.12, 305.5, 306.1 Maintenance . . . . . . . . . . . . . . . . . . . . . 304.10, 305.4 LAUNDRY Room lighting . . . . . . . . . . . . . . . . . . . . . . . . . . 605.3 Water-heating facilities . . . . . . . . . . . . . . . . . . . 505.4 LAVATORY Hotels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 502.3 Required facilities . . . . . . . . . . . . . . . . . . . . . . . . . 502 Rooming houses. . . . . . . . . . . . . . . . . . . . . . . . 502.2 Sanitary drainage system . . . . . . . . . . . . . . . . . . . 506 Water-heating facilities . . . . . . . . . . . . . . . . . . . 505.4 Water system . . . . . . . . . . . . . . . . . . . . . . . . . . . . 505 LEASE (SELL, RENT) Heat supplied . . . . . . . . . . . . . . . . . . . . . . . . . . 602.3 Salvage materials . . . . . . . . . . . . . . . . . . . . . . . 110.4 Transfer of ownership. . . . . . . . . . . . . . . . . . . . 107.6 LIEN Closing of vacant structures . . . . . . . . . . . . . . . 108.2 Demolition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110.3 Failure to comply. . . . . . . . . . . . . . . . . . . . . . . . 110.3 LIGHT, LIGHTING Common halls and stairways . . . . . . . . . 402.2, 605.3 General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 402 Habitable rooms . . . . . . . . . . . . . . . . . . . . . . . . 402.1 Kitchen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 605.3 Laundry rooms . . . . . . . . . . . . . . . . . . . . . . . . . 605.3 Luminaires . . . . . . . . . . . . . . . . . . . . . . . . . . . . 605.3 Other spaces. . . . . . . . . . . . . . . . . . . . . . . . . . . 402.3 Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . 401.2 Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101.2 Toilet rooms . . . . . . . . . . . . . . . . . . . . . . . . . . . 605.3 LIVING ROOM Room area . . . . . . . . . . . . . . . . . . . . . . . . . . . 404.4.1 Item 5b INDEX 36 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE® LOAD, LOADING Elevators, escalators and dumbwaiters. . . . . . . 606.1 Handrails and guardrails . . . . . . . . . . . 304.12, 305.5 Live load . . . . . . . . . . . . . . . . . . . . . . . . 304.4, 305.2 Stairs and porches. . . . . . . . . . . . . . . . 304.10, 305.2 Structural members . . . . . . . . . . . . . . . . 304.4, 305.2 M MAINTENANCE Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102.2 MATERIAL Alternative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105.2 Salvage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110.4 Used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105.4 MEANS OF EGRESS (See EGRESS) MECHANICAL Installation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 603.1 Responsibility. . . . . . . . . . . . . . . . . . . . . . . . . . . 601.2 Scope. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 601.1 Ventilation, general . . . . . . . . . . . . . . . . . . . . . . . 403 Ventilation, toilet rooms . . . . . . . . . . . . . . . . . . . 403.2 MINIMUM Ceiling height. . . . . . . . . . . . . . . . . . . . . . . . . . . 404.3 Room area. . . . . . . . . . . . . . . . . . . . . . . . . . . 404.4.1 Room width . . . . . . . . . . . . . . . . . . . . . . . . . . . . 404.2 MODIFICATION Approval. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105.1 MOTEL (See HOTELS) MOTOR VEHICLES Inoperative. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302.8 Painting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302.8 N NATURAL Lighting . . . . . . . . . . . . . . . . . . . . . . . . . . . 401.3, 402 Ventilation . . . . . . . . . . . . . . . . . . . . . . . . . 401.3, 403 NOTICES AND ORDERS Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111.1 Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107.2 Method of service . . . . . . . . . . . . . . . . . . . . . . . 107.3 Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 Owner, responsible person . . . . . . . . . . . . . . . . 107.1 Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107.5 Placarding of structure. . . . . . . . . . . . . . . . . . . . 108.4 Transfer of ownership . . . . . . . . . . . . . . . . . . . . 107.6 Unauthorized tampering . . . . . . . . . . . . . . . . . . 107.4 Vacating structure . . . . . . . . . . . . . . . . . . . . . . . 108.2 NOXIOUS Process ventilation. . . . . . . . . . . . . . . . . . . . . . . 403.4 Weeds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302.4 NUISANCE Closing of vacant structures. . . . . . . . . . . . . . . .108.2 O OBSTRUCTION Light . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .402.1 Right of entry . . . . . . . . . . . . . . . . . . . . . . . . . . .104.3 OCCUPANCY (See USE) OPENABLE Locked doors . . . . . . . . . . . . . . . . . . . . . . . . . . .702.3 Windows. . . . . . . . . . . . . . . . . . . . . . .304.13.2, 403.1 OPERATOR Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 ORDER (See NOTICE) ORDINANCE, RULE Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 Application for appeal. . . . . . . . . . . . . . . . . . . . .111.1 OUTLET Electrical. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .605.2 OWNER Closing of vacant structures. . . . . . . . . . . . . . . .108.2 Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 Demolition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 Failure to comply . . . . . . . . . . . . . . . . . . . . . . . .110.3 Insect and rat control . . . . . . . . . .302.5, 309.2, 309.4 Notice. . . . . . . . . . . . . . . . . . . . . . . . . . . 107.1, 108.3 Pest elimination . . . . . . . . . . . . . . . . . . . . . . . . .309.2 Placarding of structure. . . . . . . . . . . . . . . . . . . .108.4 Responsibility. . . . . . . . . . . . . . . . . . . . . . . . . . .301.2 Responsibility, fire safety . . . . . . . . . . . . . . . . . .701.2 Responsibility, light, ventilation . . . . . . . . . . . . .401.2 Responsibility, mechanical and electrical. . . . . .601.2 Responsibility, plumbing facilities. . . . . . . . . . . .501.2 Right of entry . . . . . . . . . . . . . . . . . . . . . . . . . . .104.3 Rubbish storage. . . . . . . . . . . . . . . . . . . . . . . 308.2.1 Scope. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .101.2 Transfer of ownership . . . . . . . . . . . . . . . . . . . .107.6 P PASSAGEWAY Common hall and stairway. . . . . . . . . . . . . . . . .402.2 Interior surfaces . . . . . . . . . . . . . . . . . . . . . . . . .305.3 Toilet rooms, direct access . . . . . . . . . . . . . . . .503.1 PENALTY Notices and orders. . . . . . . . . . . . . . . . . . . . . . .107.5 Placarding of structure. . . . . . . . . . . . . . . . . . . .108.4 Prohibited occupancy. . . . . . . . . . . . . . . . . . . . .108.5 Removal of placard . . . . . . . . . . . . . . . . . . . . 108.4.1 Scope. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .101.2 Violations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .106.4 Item 5b INDEX 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE®37 PEST ELIMINATION Condemnation . . . . . . . . . . . . . . . . . . . . . . . . . .108.1 Definition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 Insect and rodent control 302.5, 304.5, 304.14, 309.1 Pest elimination . . . . . . . . . . . . . . . . . . . . . . . . .309.1 Responsibility of owner. . . . . . . . . . . . . . 301.2, 309.2 Responsibility of tenant-occupant.309.3, 309.4, 309.5 PLACARD, POST Closing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .108.2 Condemnation . . . . . . . . . . . . . . . . . . . . . . . . . .108.1 Demolition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 Emergency, notice . . . . . . . . . . . . . . . . . . . . . . .109.1 Notice to owner. . . . . . . . . . . . . . . . . . . . 107.1, 108.3 Placarding of structure . . . . . . . . . . . . . . . . . . . .108.4 Prohibited use. . . . . . . . . . . . . . . . . . . . . . . . . . .108.5 Removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108.4.1 PLUMBING Clean and sanitary . . . . . . . . . . . . . . . . . . . . . . .504.1 Clearance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .504.2 Connections . . . . . . . . . . . . . . . . . . . . . . . . . . . .505.1 Contamination . . . . . . . . . . . . . . . . . . . . . . . . . .505.2 Employee’s facilities . . . . . . . . . . . . . . . . . . . . . .503.3 Fixtures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .504.1 Required facilities . . . . . . . . . . . . . . . . . . . . . . . . . 502 Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . .501.2 Sanitary drainage system. . . . . . . . . . . . . . . . . . . 506 Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .501.1 Storm drainage. . . . . . . . . . . . . . . . . . . . . . . . . . . 507 Supply. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .505.3 Water heating facilities . . . . . . . . . . . . . . . . . . . .505.4 PORCH Handrails . . . . . . . . . . . . . . . . . . . . . . . . . . . . .304.12 Structurally sound. . . . . . . . . . . . . . . . . . . . . . .304.10 PORTABLE (TEMPORARY) Cooking equipment. . . . . . . . . . . . . . . . . . . . . . .603.1 PRESSURE Water supply. . . . . . . . . . . . . . . . . . . . . . . . . . . .505.3 PRIVATE, PRIVACY Bathtub or shower . . . . . . . . . . . . . . . . . . . . . . .503.1 Occupancy limitations. . . . . . . . . . . . . . . . . . . . .404.1 Required plumbing facilities . . . . . . . . . . . . . . . . . 502 Sewage system . . . . . . . . . . . . . . . . . . . . . . . . .506.1 Water closet and lavatory. . . . . . . . . . . . . . . . . .503.1 Water system . . . . . . . . . . . . . . . . . . . . . . . . . . .505.1 PROPERTY, PREMISES Cleanliness. . . . . . . . . . . . . . . . . . . . . . . 304.1, 308.1 Condemnation . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 Definition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 Demolition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 Emergency measures. . . . . . . . . . . . . . . . . . . . . . 109 Exterior areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302 Failure to comply. . . . . . . . . . . . . . . . . . . . . . . . 110.3 Grading and drainage. . . . . . . . . . . . . . . . . . . . 302.2 Pest elimination, multiple occupancy . . . 302.5, 309.4 Pest elimination, single occupancy. . . . . 302.5, 309.3 Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . 301.2 Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 301.1 Storm drainage . . . . . . . . . . . . . . . . . . . . . . . . . . . 507 Vacant structures and land. . . . . . . . . . . . . . . . 301.3 PROTECTION Basement windows. . . . . . . . . . . . . . . . . . . . . 304.17 Fire protection systems. . . . . . . . . . . . . . . . . . . . . 704 Signs, marquees and awnings . . . . . . . . . . . . . 304.9 PUBLIC Cleanliness . . . . . . . . . . . . . . . . . . . . . . . 304.1, 305.1 Egress. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 702.1 Hallway . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 502.3 Sewage system. . . . . . . . . . . . . . . . . . . . . . . . . 506.1 Toilet facilities . . . . . . . . . . . . . . . . . . . . . . 502.5, 503 Vacant structures and land. . . . . . . . . . . . . . . . 301.3 Water system . . . . . . . . . . . . . . . . . . . . . . . . . . . . 505 PUBLIC WAY Definition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 R RAIN (PREVENTION OF ENTRY INTO BUILDING EXTERIOR ENVELOPE) Basement hatchways . . . . . . . . . . . . . . . . . . . 304.16 Exterior walls. . . . . . . . . . . . . . . . . . . . . . . . . . . 304.6 Grading and drainage. . . . . . . . . . . . . . . . . . . . 302.2 Roofs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 304.7 Window and door frames . . . . . . . . . . . . . . . . 304.13 RECORD Official records . . . . . . . . . . . . . . . . . . . . . . . . . 104.6 REPAIR Application of other codes. . . . . . . . . . . . . . . . . 102.3 Chimneys . . . . . . . . . . . . . . . . . . . . . . . . . . . . 304.11 Demolition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110.1 Exterior surfaces. . . . . . . . . . . . . . . . . . . . . . . . 304.1 Intent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101.3 Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . 102.2 Signs, marquees and awnings . . . . . . . . . . . . . 304.9 Stairs and porches . . . . . . . . . . . . . . . . . . . . . 304.10 Weather tight. . . . . . . . . . . . . . . . . . . . . . . . . . 304.13 Workmanship . . . . . . . . . . . . . . . . . . . . . . . . . . 102.5 REPORTS Test reports. . . . . . . . . . . . . . . . . . . . . . . . . . . 105.3.2 RESIDENTIAL Pest elimination. . . . . . . . . . . . . . . . . . . . . . . . . . . 309 Residential heating . . . . . . . . . . . . . . . . . . . . . . 602.2 Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101.2 Item 5b INDEX 38 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE® RESPONSIBILITY Pest elimination . . . . . . . . . . . . . . . . . . . . . . . . . . 309 Fire safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 701.2 Garbage disposal. . . . . . . . . . . . . . . . . . . . . . . . 308.3 General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 301.2 Mechanical and electrical . . . . . . . . . . . . . . . . . 601.2 Persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 301.1 Placarding of structure. . . . . . . . . . . . . . . . . . . . 108.4 Plumbing facilities . . . . . . . . . . . . . . . . . . . . . . . 501.2 Rubbish storage. . . . . . . . . . . . . . . . . . . . . . . 308.2.1 Scope. . . . . . . . . . . . . . . . . . . . . . . . . . . 101.2, 301.1 REVOKE, REMOVE Demolition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 Existing remedies . . . . . . . . . . . . . . . . . . . . . . . 102.4 Removal of placard . . . . . . . . . . . . . . . . . . . . 108.4.1 Rubbish removal . . . . . . . . . . . . . . . . . . . . . . 308.2.1 RIGHT OF ENTRY Duties and powers of code official. . . . . . . . . . . 104.3 Inspections. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104.2 RODENTS Basement hatchways. . . . . . . . . . . . . . . . . . . . 304.16 Condemnation . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 Foundations. . . . . . . . . . . . . . . . . . . . . . . . . . . . 304.5 Guards for basement windows . . . . . . . . . . . . 304.17 Harborage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302.5 Insect and rodent control . . . . . . . . . . . . . . . . . . 309.1 Pest elimination . . . . . . . . . . . . . . . . . . . . . 302.5, 309 ROOF Exterior structure . . . . . . . . . . . . . . . . . . . . . . . . 304.1 Roofs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 304.7 Storm drainage . . . . . . . . . . . . . . . . . . . . . . . . . . 507 ROOM Bedroom and living room. . . . . . . . . . . . . . . . . . 404.4 Cooking facilities . . . . . . . . . . . . . . . . . . . . . . . . 403.3 Direct access. . . . . . . . . . . . . . . . . . . . . . . . . . . 503.2 Habitable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 402.1 Heating facilities. . . . . . . . . . . . . . . . . . . . . . . . . . 602 Light. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 402 Minimum ceiling heights . . . . . . . . . . . . . . . . . . 404.3 Minimum width. . . . . . . . . . . . . . . . . . . . . . . . . . 404.2 Overcrowding. . . . . . . . . . . . . . . . . . . . . . . . . . . 404.5 Prohibited use . . . . . . . . . . . . . . . . . . . . . . . . 404.4.4 Temperature . . . . . . . . . . . . . . . . . . . . . . . . . . . 602.5 Toilet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 503 Ventilation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 403 ROOMING HOUSES (See DORMITORY) RUBBISH Accumulation . . . . . . . . . . . . . . . . . . . . . . . . . . . 308.1 Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 Disposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .308.2 Garbage facilities . . . . . . . . . . . . . . . . . . . . . . 308.3.1 Rubbish storage. . . . . . . . . . . . . . . . . . . . . . . 308.2.1 S SAFETY, SAFE Fire safety requirements . . . . . . . 701, 702, 703, 704 Safety controls . . . . . . . . . . . . . . . . . . . . . . . . . .603.4 SANITARY Cleanliness. . . . . . . . . . . . . . . . . . . . . . . 304.1, 305.1 Disposal of garbage. . . . . . . . . . . . . . . . . . . . . .308.3 Disposal of rubbish. . . . . . . . . . . . . . . . . . . . . . .308.2 Exterior property areas. . . . . . . . . . . . . . . . . . . .302.1 Exterior structure . . . . . . . . . . . . . . . . . . . . . . . .304.1 Food preparation . . . . . . . . . . . . . . . . . . . . . . . .404.7 Furnished by occupant. . . . . . . . . . . . . . . . . . . .302.1 Grease interceptors . . . . . . . . . . . . . . . . . . . . . .506.3 Interior surfaces . . . . . . . . . . . . . . . . . . . . . . . . .305.3 Plumbing fixtures . . . . . . . . . . . . . . . . . . . . . . . .504.1 Required plumbing facilities. . . . . . . . . . . . . . . . . 502 Scope. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .101.2 SCREENS Insect screens . . . . . . . . . . . . . . . . . . . . . . . . .304.14 SECURITY Basement hatchways. . . . . . . . . . . . . . . . . . 304.18.3 Building . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .304.18 Doors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 304.18.1 Vacant structures and land . . . . . . . . . . . . . . . .301.3 Windows. . . . . . . . . . . . . . . . . . . . . . . . . . . . 304.18.2 SELF-CLOSING SCREEN DOORS Insect screens . . . . . . . . . . . . . . . . . . . . . . . . .304.14 SEPARATION Fire-resistance ratings . . . . . . . . . . . . . . . . . . . . . 703 Privacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .404.1 Separation of units. . . . . . . . . . . . . . . . . . . . . . .404.1 SERVICE Electrical. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .604.2 Method. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .107.3 Notices and orders. . . . . . . . . . . . . . . . . 107.1, 108.3 Service on occupant. . . . . . . . . . . . . . . . . . . . . .108.3 SEWER General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .506.1 Maintenance. . . . . . . . . . . . . . . . . . . . . . . . . . . .506.2 SHOWER Bathtub or shower . . . . . . . . . . . . . . . . . . . . . . .502.1 Rooming houses . . . . . . . . . . . . . . . . . . . . . . . .502.2 Water-heating facilities. . . . . . . . . . . . . . . . . . . .505.4 Water system. . . . . . . . . . . . . . . . . . . . . . . . . . . . 505 Item 5b INDEX 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE®39 SIGN Signs, marquees and awnings . . . . . . . . . . . . . .304.9 Unauthorized tampering . . . . . . . . . . . . . . . . . . .107.4 SINGLE-FAMILY DWELLING Extermination . . . . . . . . . . . . . . . . . . . . . . . . . . . . 309 SINK Kitchen sink . . . . . . . . . . . . . . . . . . . . . . . . . . . .502.1 Sewage system . . . . . . . . . . . . . . . . . . . . . . . . . . 506 Water supply. . . . . . . . . . . . . . . . . . . . . . . . . . . .505.3 SIZE Efficiency unit . . . . . . . . . . . . . . . . . . . . . . . . . . .404.6 Habitable room, light. . . . . . . . . . . . . . . . . . . . . . . 402 Habitable room, ventilation. . . . . . . . . . . . . . . . . . 403 Room area . . . . . . . . . . . . . . . . . . . . . . . . . . . 404.4.1 SMOKE ALARMS Alarms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .704.2 Installation near bathrooms . . . . . . . . . . . . . . 704.2.2 Installation near cooking appliances. . . . . . . . 704.2.1 Interconnection. . . . . . . . . . . . . . . . . . . . . . . . . .704.4 Power source . . . . . . . . . . . . . . . . . . . . . . . . . . .704.3 SPACE General, light . . . . . . . . . . . . . . . . . . . . . . . . . . . . 402 General, ventilation. . . . . . . . . . . . . . . . . . . . . . . . 403 Occupancy limitations. . . . . . . . . . . . . . . . . . . . . . 404 Privacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .404.1 Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .401.1 STACK Smoke . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .304.11 STAIRS Common halls and stairways, light. . . . . . . . . . .402.2 Exit facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . .305.4 Exterior property areas. . . . . . . . . . . . . . . . . . . .302.3 Handrails . . . . . . . . . . . . . . . . . . . . . . . 304.12, 305.5 Lighting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .605.3 Stairs and porches . . . . . . . . . . . . . . . . . . . . . .304.10 STANDARD Referenced. . . . . . . . . . . . . . . . . . . . . . . . . . . . .102.7 STOP WORK ORDER Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .112.1 Emergencies. . . . . . . . . . . . . . . . . . . . . . . . . . . .112.3 Failure to comply . . . . . . . . . . . . . . . . . . . . . . . .112.4 Issuance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .112.2 STORAGE Food preparation . . . . . . . . . . . . . . . . . . . . . . . .404.7 Garbage storage facilities. . . . . . . . . . . . . . . . . .308.3 Rubbish storage facilities . . . . . . . . . . . . . . . . 308.2.1 Sanitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .308.1 STRUCTURE Accessory structures . . . . . . . . . . . . . . . . . . . . .302.7 Closing of vacant structures . . . . . . . . . . . . . . . .108.2 Definition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 Emergency measures. . . . . . . . . . . . . . . . . . . . . . 109 General, condemnation. . . . . . . . . . . . . . . . . . . . . 110 General, exterior. . . . . . . . . . . . . . . . . . . . . . . . 304.1 General, interior structure. . . . . . . . . . . . . . . . . 305.1 Placarding of structure . . . . . . . . . . . . . . . . . . . 108.4 Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 301.1 Structural members. . . . . . . . . . . . . . . . . 304.4, 305.2 Vacant structures and land. . . . . . . . . . . . . . . . 301.3 SUPPLY Combustion air . . . . . . . . . . . . . . . . . . . . . . . . . 603.5 Public water system . . . . . . . . . . . . . . . . . . . . . 505.1 Water-heating facilities . . . . . . . . . . . . . . . . . . . 505.4 Water supply. . . . . . . . . . . . . . . . . . . . . . . . . . . 505.3 Water system . . . . . . . . . . . . . . . . . . . . . . . . . . . . 505 SURFACE Exterior surfaces. . . . . . . . . . . . . . . . . . . 304.2, 304.6 Interior surfaces . . . . . . . . . . . . . . . . . . . . . . . . 305.3 SWIMMING Enclosure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 303.2 Safety covers . . . . . . . . . . . . . . . . . . . . . . . . . . 303.2 Swimming pools . . . . . . . . . . . . . . . . . . . . . . . . 303.1 T TEMPERATURE Nonresidential structures . . . . . . . . . . . . . . . . . 602.4 Residential buildings. . . . . . . . . . . . . . . . . . . . . 602.2 Water-heating facilities . . . . . . . . . . . . . . . . . . . 505.4 TENANT Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101.2 TEST, TESTING Agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105.3.1 Methods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105.3.1 Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105.3.2 Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105.3 TOXIC Process ventilation . . . . . . . . . . . . . . . . . . . . . . 403.4 TRASH Rubbish and garbage . . . . . . . . . . . . . . . . . . . . . . 308 U UNOBSTRUCTED Access to public way. . . . . . . . . . . . . . . . . . . . . 702.1 General, egress . . . . . . . . . . . . . . . . . . . . . . . . 702.1 UNSAFE STRUCTURES AND EQUIPMENT Abatement methods . . . . . . . . . . . . . . . . . . . . . 108.6 Dangerous structure or premises . . . . . . . . . . 108.1.5 Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . 108.1.2 Existing remedies . . . . . . . . . . . . . . . . . . . . . . . 102.4 General, condemnation. . . . . . . . . . . . . . . . . 108, 110 General, demolition. . . . . . . . . . . . . . . . . . . . . . . . 110 Item 5b INDEX 40 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE® Notices and orders. . . . . . . . . . . . . . . . . . . 107, 108.3 Record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108.7 Structures . . . . . . . . . . . . . . . . . . . . . . . . . . . 108.1.1 USE Application of other codes . . . . . . . . . . . . . . . . . 102.3 General, demolition . . . . . . . . . . . . . . . . . . . . . . . 110 UTILITIES Authority to disconnect . . . . . . . . . . . . . . . . . 108.2.1 V VACANT Abatement methods. . . . . . . . . . . . . . . . . . . . . . 108.6 Authority to disconnect service utilities . . . . . 108.2.1 Closing of vacant structures . . . . . . . . . . . . . . . 108.2 Emergency measure . . . . . . . . . . . . . . . . . . . . . . 109 Method of service . . . . . . . . . . . . . . . . . 107.3, 108.3 Notice to owner or to person responsible. . . . . . . . . . . . . . . . . 107, 108.3 Placarding of structure. . . . . . . . . . . . . . . . . . . . 108.4 Record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108.7 Vacant structures and land . . . . . . . . . . . . . . . . 301.3 VAPOR Exhaust vents . . . . . . . . . . . . . . . . . . . . . . . . . . 302.6 VEHICLES Inoperative. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302.8 Painting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302.8 VENT Plumbing hazard . . . . . . . . . . . . . . . . . . . . . . . . 504.3 Exhaust vents . . . . . . . . . . . . . . . . . . . . . . . . . . 302.6 Flue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 603.2 VENTILATION Clothes dryer exhaust . . . . . . . . . . . . . . . . . . . . 403.5 Combustion air. . . . . . . . . . . . . . . . . . . . . . . . . . 603.5 Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 General, ventilation . . . . . . . . . . . . . . . . . . . . . . . 403 Habitable rooms. . . . . . . . . . . . . . . . . . . . . . . . . 403.1 Process ventilation. . . . . . . . . . . . . . . . . . . . . . . 403.4 Recirculation . . . . . . . . . . . . . . . . . . . . . 403.2, 403.4 Toilet rooms. . . . . . . . . . . . . . . . . . . . . . . . . . . . 403.2 VERMIN Condemnation . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 Insect and rodent control . . . . . . . . . . . . . . 302.5, 309 VIOLATION Condemnation . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . 106.2 General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 Notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107, 108.3 Separate offenses . . . . . . . . . . . . . . . . . . . . . . . 106.4 Placarding of structure. . . . . . . . . . . . . . . . . . . . 108.4 Prosecution . . . . . . . . . . . . . . . . . . . . . . . . . . . .106.3 Strict liability offense . . . . . . . . . . . . . . . . .106.3, 202 Transfer of ownership . . . . . . . . . . . . . . . . . . . .107.6 W WALK Sidewalks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .302.3 WALL Accessory structures . . . . . . . . . . . . . . . . . . . . .302.7 Exterior surfaces . . . . . . . . . . . . . . . . . . 304.2, 304.6 Exterior walls . . . . . . . . . . . . . . . . . . . . . . . . . . .304.6 Foundation walls . . . . . . . . . . . . . . . . . . . . . . . .304.5 General, fire-resistance rating . . . . . . . . . . . . . .703.1 Interior surfaces . . . . . . . . . . . . . . . . . . . . . . . . .305.3 Outlets required . . . . . . . . . . . . . . . . . . . . . . . . .605.2 Temperature measurement . . . . . . . . . . . . . . . .602.5 WASTE Disposal of garbage. . . . . . . . . . . . . . . . . . . . . .308.3 Disposal of rubbish. . . . . . . . . . . . . . . . . . . . . . .308.2 Garbage storage facilities . . . . . . . . . . . . . . . 308.3.1 WATER Basement hatchways. . . . . . . . . . . . . . . . . . . .304.16 Connections. . . . . . . . . . . . . . . . . . . . . . . . . . . .506.1 Contamination . . . . . . . . . . . . . . . . . . . . . . . . . .505.2 General, sewage . . . . . . . . . . . . . . . . . . . . . . . . . 506 General, storm drainage . . . . . . . . . . . . . . . . . . . 507 General, water system. . . . . . . . . . . . . . . . . . . . . 505 Heating. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .505.4 Hotels. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .502.3 Kitchen sink . . . . . . . . . . . . . . . . . . . . . . . . . . . .502.1 Required facilities. . . . . . . . . . . . . . . . . . . . . . . . . 502 Rooming houses . . . . . . . . . . . . . . . . . . . . . . . .502.2 Supply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .505.3 System. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 505 Toilet rooms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 503 Water-heating facilities. . . . . . . . . . . . . . . . . . . .505.4 WEATHER, CLIMATE Heating facilities. . . . . . . . . . . . . . . . . . . . . . . . . . 602 WEEDS Noxious weeds. . . . . . . . . . . . . . . . . . . . . . . . . .302.4 WIDTH Minimum room width . . . . . . . . . . . . . . . . . . . . .404.2 WINDOW Emergency escape . . . . . . . . . . . . . . . . . . . . . .702.4 Glazing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 304.13.1 Guards for basement windows. . . . . . . . . . . . .304.17 Habitable rooms. . . . . . . . . . . . . . . . . . . . . . . . .402.1 Insect screens . . . . . . . . . . . . . . . . . . . . . . . . .304.14 Interior surface. . . . . . . . . . . . . . . . . . . . . . . . . .305.3 Item 5b INDEX 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE®41 Light . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 402 Openable windows . . . . . . . . . . . . . . . . . . . . 304.13.2 Toilet rooms . . . . . . . . . . . . . . . . . . . . . . . . . . . .403.2 Ventilation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 403 Weather tight . . . . . . . . . . . . . . . . . . . . . . . . . .304.13 Window and door frames . . . . . . . . . . . . . . . . .304.13 WORKMANSHIP General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .102.5 Item 5b 42 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE® Item 5b 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE®43 EDITORIAL CHANGES – SECOND PRINTING Page 10, definition INFESTATION now reads . . .INFESTATION. The presence, within or contiguous to, a structure or prem- ises of insects, rodents, vermin or other pests. EDITORIAL CHANGES – THIRD PRINTING Page 27, referenced standard IBC—15: section numbers now read . . .102.3, 201.3, 304.1.1, 305.1.1, 306.1.1, 401.3, 702.3 Page 27, referenced standard IEBC—15: section numbers now read . . .102.3, 305.1.1, 306.1.1 Page 27, referenced standard IFC—15: section numbers now read . . .102.3, 201.3, 604.3.1.1, 604.3.2.1, 702.1, 702.2, 704.1, 704.2 Page 27, referenced standard IPC—15: section numbers now read . . .102.3, 201.3, 505.1, 602.2, 602.3 Page 27, referenced standard IRC—15: section numbers now read . . .102.3, 201.3 EDITORIAL CHANGES – FOURTH PRINTING Page 11, Section 303.2: line 8 now reads . . .less than 54 inches (1372 mm) above the bottom of the gate, Item 5b 44 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE® Item 5b Special Inspection Program for Building Departments Building departments can approve special inspection agencies with confidence, at no cost, with help from IAS. • Ensures IBC Chapter 17 Compliance • Saves Time• Standardizes Inspections • Shows Due Diligence• Easy to Use • Cost Effective FOR MORE INFORMATION: 1-866-427-4422 www.iasonline.org/si Part of the Accreditation Suite for Building Departments 14-09059 Item 5b 14-09332 People Helping People Build a Safer World® At ICC Plan Review Services, our code experts love a good challenge Like reviewing your most complex plan reviews. Our licensed and ICC-certified code experts specialize in delivering the most accurate code analysis to your most complex and complicated projects. After all, no other plan review firm has as much expertise in ALL the International Codes (I-Codes) as the code experts at ICC Plan Review Services. For I-Codes expertise you can trust, visit the ICC Plan Review web page at www.iccsafe.org/PLRF2 or call David Hunter at 888-422-7233, ext. 5577. Item 5b The International Code Council’s Training and Education Department Industry professionals look to ICC to provide the critical knowledge and experiences necessary to excel in today’s challenging world. ICC’s educational programs cover a broad spectrum of code and construction related topics, offering some of the highest quality instruction direct from the source. INSTITUTES Acquire Skills, Share Experiences, Earn CEUs ICC’s training institutes offer a comprehensive education experience and a great way to earn much needed CEUs. Learn best practices from the leading experts in the field, build your network of professional contacts and share experiences. Institutes are held across the country throughout the year. To see the full schedule go to www.iccsafe.org/training. HIRE ICC TO TEACH Bring ICC On-Site and Earn CEUs Give your group the confidence they need to meet tough challenges head-on so they can reach their full potential. ICC’s course catalog contains a wide variety of educational topics that are available for contract at a location of your choice. Customized training is also available to fit your needs. For our full course catalogue go to www.iccsafe.org/hireicc. ICC ONlINE CAmpUS Earn CEUs at Your Own Pace Online courses offer access to a comprehensive training and education portal, providing you with an effective and convenient tool to enhance your professional skills. Courses are available anytime for 99 days following registration. For a quick and easy way to earn CEUs towards your certification, try our Online Certifications Renewal section. Go to www.iccsafe.org/onlinecampus for our full offerings. For more information about ICC’s Training please contact us at 888-ICC-SAFE (422-7233) ext. 33818 or email us at icctraining@iccsafe.org. 14-09372 People Helping People Build a Safer World® Item 5b Growing your career is what ICC Membership is all about As your building career grows, so does the need to expand your code knowledge and job skills. Whether you’re seeking a higher level of certification or professional quality training, Membership in ICC offers the best in I-Code resources and training for growing your building career today and for the future. • Learn new job skills to prepare for a higher level of responsibility within your organization • Improve your code knowledge to keep pace with the latest International Codes (I-Codes) • Achieve additional ICC Certifications to open the door to better job opportunities Plus, an affordable ICC Membership provides exclusive Member-only benefits including: • Free code opinions from I-Code experts • Free I-Code book(s) to new Members* • Access to employment opportunities in the ICC Career Center • Discounts on professional training & Certification renewal exams • Savings of up to 25% off on code books & training materials • Free benefits - Governmental Members: Your staff can receive free ICC benefits too* • And much more! Join the International Code Council (ICC) and start growing your building career now! Visit our Member page at www.iccsafe.org/membership for an application. *Some restrictions apply. Speak with an ICC Member Services Representative for details. People Helping People Build a Safer World® 14-09333 Item 5b Page 1 of 2 To: Mayor and Town Council From: Hulon T. Webb, Jr, P.E., Executive Director of Development and Community Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – January 9, 2018 Agenda Item: Consider and ratify the execution by the Town Manager of Change Order Number 22, to Pogue Construction Co., L.P., related to construction services for Town of Prosper Town Hall/Multi- Purpose Facility. Description of Item: At the November 14, 2017, Town Council meeting, the Town Council approved a change order, in the amount of $113,056, for added security features, including access control, cameras and duress buttons to the Town Hall/Multi-Purpose Facility project. This increased the GMP from $19,597,691, to $19,710,747. When the Town Council approved this change order, they were informed of an upcoming change order to facilitate the construction of an office for the recently added Executive Director of Administrative Services position. The attached Change Order Number 22 is for the construction of the office, and was forwarded to the Town Council on December 22, 2017, with an effective date of December 27, 2017, to avoid further delay. At that time, Town Council feedback was requested prior to December 27, 2017, and if no objection, the change order would become effective and the item would be placed on the January 9, 2018, Town Council agenda to be ratified. The total costs for the construction of the additional office space is $26,515, and will be constructed in a portion of the future expansion space between the Finance and Human Resources Departments. This change order includes all necessary wall construction, HVAC modifications, lighting, electrical and data wiring, fire protection and carpet installation. The additional scope of work will add 5 additional business days to the contract, which shifts the current substantial completion date from May 28, 2018, to June 2, 2018. With the proposed operations of the Town Hall/Multi-Purpose Facility scheduled to begin on June 18, 2018, this change order does not affect the opening date for the facility. Budget Impact: When the GMP was approved on November 29, 2016, it included a 2% project contingency budget of $392,000 (Owners Contingency) approved outside the GMP, which resulted in a total budget of $19,989,691. The Owners Contingency is money that can be utilized to incorporate additional items into the project, but requires Town Council approval. The change order approved on November 14, 2017, decreased the $392,000, Owners Contingency to $278,944. Staff is recommending that $26,515 of the remaining $278,944, Owners Contingency (750-6610-10-00- 1601-FC) be used to fund the recommended additions in Change Order Number 22. With the approval of Change Order Number 22, the Owners Contingency will decrease from $278,944 to $252,429, and the GMP will be increased from $19,710,747 to $19,737,262. Prosper is a place where everyone matters. DEVELOPMENT AND COMMUNITY SERVICES Item 5c Page 2 of 2 Attachments: 1. Change Order Number 22 Town Staff Recommendation: Town staff recommends that the Town Council ratify the execution by the Town Manager of Change Order Number 22, to Pogue Construction Co., L.P., related to construction services for Town of Prosper Town Hall/Multi-Purpose Facility. Proposed Motion: I move to ratify the execution by the Town Manager of Change Order Number 22, to Pogue Construction Co., L.P., related to construction services for Town of Prosper Town Hall/Multi- Purpose Facility. Item 5c Item 5c Item 5c Item 5c Item 5c Item 5c Item 5c Item 5c Item 5c Item 5c Item 5c Item 5c Item 5c Item 5c Item 5c Item 5c Item 5c Item 5c Item 5c Item 5c Item 5c Item 5c Item 5c Item 5c Item 5c Item 5c Item 5c Item 5c Item 5c Page 1 of 2 To: Mayor and Town Council From: Alex Glushko, AICP, Planning Manager Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – January 9, 2018 Agenda Item: Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of the Town Council to the Development Services Department, pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning Ordinance, regarding action taken by the Planning & Zoning Commission on any Site Plan or Preliminary Site Plan. Description of Agenda Item: Attached are the Preliminary Site Plans and Site Plans that were acted on by the Planning & Zoning Commission at their January 2, 2018, meeting. Per the Town’s Zoning Ordinance, the Town Council has the ability to direct staff to submit a written notice of appeal on behalf of the Town Council to the Development Services Department for any Preliminary Site Plan or Site Plan acted on by the Planning & Zoning Commission. Attached Documents: 1.Site Plan for Chick-Fil-A (Gates of Prosper) 2.Preliminary Site Plan for Church of Celebration 3.Site Plan for Church of Celebration 4.Site Plan for Jack in the Box (Windsong Ranch Marketplace) 5.Preliminary Site Plan for Prosper Commons 6.Site Plan for Prosper Commons 7.Preliminary Site Plan for World Wide Rock Attachment Summary: Project Name Type Location Building Size Existing/ Proposed Uses Known Tenant(s) Chick-Fil-A (Gates of Prosper) Site Plan North side of US 380, 300± feet east of Gee Road 2,644 square feet Drive- Through Restaurant Chick-Fil-A Church of Celebration Preliminary Site Plan Northeast corner of Harper Road and Fishtrap Road 132,508 square feet (2 buildings) House of Worship Church of Celebration Church of Celebration Site Plan North side of Fishtrap Road at the intersection of Winsor Drive and Fishtrap Road 24,550 square feet House of Worship Church of Celebration Prosper is a place where everyone matters. PLANNING Item 5d Page 2 of 2 Jack in the Box (Windsong Ranch Marketplace) Site Plan North side of US 380, 300± feet east of Gee Road 2,644 square feet Drive- Through Restaurant Jack in the Box Prosper Commons Preliminary Site Plan Southeast corner of Prosper Commons Boulevard and Richland Boulevard 21,167 square feet (2 buildings) Retail and veterinary clinic Unknown and Dr. Whitworth Prosper Commons Site Plan Southeast corner of Prosper Commons Boulevard and Richland Boulevard 10,599 square feet Retail and veterinary clinic Unknown and Dr. Whitworth Worldwide Rock Preliminary Site Plan Southeast corner of Prosper Trail and Cook Lane 71,400 square feet (7 buildings) Office / Warehouse with Outdoor Storage Worldwide Rock Town Staff Recommendation: Town staff recommends that the Town Council take no action on this item. Item 5d Item 5d Item 5d 2' OVERHANG18'24'9' 9' (TYP.)20'20'24'18'80'24'52' 24' 4' 24' 18'24' F.L.A.U.E.30' F.L.A.U.E.9'20' R 3 0 ' R10 'R1 0 'R10'R30'R 3 0 'R10'R3 0 'R30'R1 0 'R10'R 2 ' (T Y P . ) R5'R30'R30'R3 0 'R5'R 3 0 'R24'R12'R 1 0 'R3'R 3 'R30'R3'R10'R3'R 3 0 '24'R10'233' ///////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////••••••••••••••••••••••••••••••••••••••••••W W W W W W W W W W W W W W W W W W W W W W W W W A TRACT OF LAND DESCRIBED IN A DEED TOMAV PARTNERS, LLC.INST. NO. 2014-63637O.P.R.D.C.T.3.79 ACRESLOT 1BLOCK AMIN. F.F.E = 601.012.56 ACRESLOT 2BLOCK AZONE AZONE XL. NETHERLY SURVEY, ABSTRACT # 962DENTON COUNTY, TEXAS CAP/IRF FISHTRAP ROAD VARIABLE WIDTH R.O.W. N:7,134,384.265 E:2,474,355.548 CAP/IRF "SA87" NAD 83 CAP/IRS CAP/IRS 5,534 SQ. FT. OR 0.13 ACRE R.O.W. DEDICATION IN FEE SIMPLE A TRACT OF LANDDESCRIBED IN A DEED TOBLUE STAR ALLEN LAND,L.P.INST. NO. 2011-60030O.P.R.D.C.T. CAP/IRS POINT NAD 83 S 89°29'57" E 563.34'A TRACT OF LAND DESCRIBED IN A DEED TOCHURCH OF CELEBRATION METRO, INC.INST. NO. 2014-56866O.P.R.D.C.T.S 00°36'32" W 789.52'S 88°53'03" W 1030.48' 15'' S.S.E.INST. NO. _______________N 01°06'57" W 203.60'CAP/IRS 44.47' 12.73'24.00' N:7,134,798.176E:2,473,977.603 N 01°06'25" W 217.60'N 88°53'07" E 382.48'15.00'CAP/IRS CAP/IRS 393.40' CL CL CL CL 14.43' S 89°07'56" W 393.79' 20.13' PARKS AT LEGACY, PHASE 1 INST. NO. 2015-283 P.R.D.C.T.CLCLWINSOR DRIVE50' R.O.W.LOT 1X LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 LOT 6LOT 19 LOT 19X WOHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU2' OVERHANG205'R30'R30'PROPOSED AREA24,550 SQ. FT.HT: 24'-11"FL FLFLFLFLFLFL FL FL FL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FL F L FLFLFLFLFLFLFLFL FLFLFLFLFLFLFLFL FL FL FL FL FL FL FL FLFLFLFLFL FLFLFLFLFLFLFLFLFL6'35'R15'R15'36' D.E.12' D.E.15' S.S.E.R30'24' F.L.A.U.E.24' F.L.A.U.E.24' F.L.A.U.E.24' F.L.A.U.E.10' COSERV E.VICINITY MAPNOT TO SCALESITEKAZ SURVEYING, INC.1720 WESTMINSTER STREETDENTON, TEXAS 76205PHONE: (940) 382-3446TBPLS FIRM #10002100SURVEYOR:OWNER:CHURCH OF CELEBRATION METRO, INC.28691 HARPER ROADPROPER, TX 76226PHONE: (972) 822-9598CONTACT: DEKE ALEXANDERGEES, INC.1621 AMANDA COURTPONDER, TEXAS 76259PHONE: (940) 482-2907FIRM REGISTRATION # F-004550ENGINEER:ARCHITECT:BATES MARTIN, INC.521 S. LOOP 288, SUITE 105DENTON, TX 76205PHONE: (940) 387-4881L E G E N DEXISTING POWER POLEEXISTING SANITARY SEWER CLEAN OUTEXISTING SANITARY SEWER MAN HOLEEXISTING CONTOURPROPOSED CONTOURTOP OF CURBDIRECTION OF FLOW ARROWREVISION:DATE:Designed: Drawn:Checked:JOB NUMBERDWG:Path: F:\DWG FINAL\0.000DATE: YYMMDD 168519 DEC 2017ASWASWGKERegistration #F-004550OF173 SITE PLAN NOTESAny revision to this plan will require town approval and will require revisions to any correspondingplans to avoid conflicts between plans.1) Dumpsters and trash compactors shall be screened in accordance with the Comprehensive ZoningOrdinance.2) Open storage, where permitted, shall be screened in accordance with the Comprehensive ZoningOrdinance.3) Outdoor lighting shall comply with the lighting and glare standards contained within theComprehensive Zoning Ordinance and Subdivision Regulation Ordinance.4) Landscaping shall conform to landscape plans approved by the town.5) All elevations shall comply with the standards contained within the Comprehensive ZoningOrdinance.6) Buildings of 5,000 square feet or greater shall be 100% fire sprinkled. Alternative fire protectionmeasures may be approved by the Fire Department.7) Fire lanes shall be designed and constructed per town standards or as directed by the FireDepartment.8) Two points of access shall be maintained for the property at all times.9) Speed bumps/humps are not permitted within a fire lane.10) Handicapped parking areas and building accessibility shall conform to the Americans withDisabilities Act (ADA) and with the requirements of the current, adopted Building Code.11) All signage is subject to Building Official approval.12) All fences and retaining walls shall be shown on the site plan and are subject to Building Officialapproval.13) All exterior building materials are subject to Building Official approval and shall conform to theapproved façade plan.14) Sidewalks of not less than six (6') feet in width along thoroughfares and five (5') in width alongcollectors and residential streets, and barrier free ramps at all curb crossings shall be provided perTown standards.15) Approval of the site plan is not final until all engineering plans are approved by the Town Engineer.16) Site plan approval is required prior to grading release.17) All new electrical lines shall be installed and/or relocated underground.18) All mechanical equipment shall be screened from public view in accordance with theComprehensive Zoning Ordinance.19) All drainage detention for this site will be located off-site.20) No 100-year flood plain exists on this property.PROPOSEDDUMPSTERENCLOSURE(8' STONE WALLSWITH METAL GATE)25' LANDSCAPE SETBACK5' LANDSCAPE SETBACKPROPOSED 6' SWPROPOSED ACCONCRETE PADWITH SCREENING(SEE L.S. PLANS FORDETAILS)PROPOSED FIRE DEPT. CONNECTIONPROPOSED FIRE HYDRANTGREG EDWARDS, P.E. DATE **NOT FOR CONSTRUCTION** THIS DOCUMENT IS RELEASED FOR THE PURPOSE OF GOVERNMENTAL REVIEW/APPROVAL AND IS NOT TO BE USED FOR CONSTRUCTION THIS PLAN PREPARED BY GREG EDWARDS, (P.E. #48294)IRRIGATION METERFENCE ENCLOSURESAN. CLEAN OUTINTERIOR LANDSCAPE AREAPERIMETER LANDSCAPE STRIPEXISTING FENCE TOBE REMOVED BYOTHERS100-YR FLOOD PLAINCOMMUNITY NO. 480141,PANEL NO. 430 GCASE NUMBER D17-008912ID TYPE SIZE SAN DOM 2" 6" IRR 1" N/AWATER METER SCHEDULE1215' LANDSCAPE SETBACKSCALE: 1" = 40'2010504080DOMESTIC METERItem 5d x/x/xSD1.0SITE PLANNNORTHWINDSONG RANCH MARKETPLACELOT 6, BLOCK A0.919 ACRESSITUATED IN THEJ. SALING SURVEY, ABSTRACT NUMBER 1675TOWN OF PROSPER, DENTON COUNTY, TEXASCASE NO. D17-072¶¶TOWN OF PROSPER SITE NOTESTYPEDOMESTIC WATER CONNECTIONIRRIGATION WATER CONNECTIONSEWER CONNECTION FROM BLDG.WATER METER SCHEDULESIZEREMARKS1-1/2"1"4"TO GREASE INTERCEPTORSEWER CONNECTION FROM GREASE6"INTERCEPTOR TO MAININSTALL RPZ BACKFLOWW/FREEZE PREVENTIONINSTALL RPZ BACKFLOWW/FREEZE PREVENTIONItem 5d Vol. 5168, Pg. 2935 DRCCT Doc. No. 2014-576 DRCCT Doc. No. 96-0038753 DRCCT 1.738 AC / 75,701 SF 1.136 AC / 49,480 SF Scale: 1"=30' October, 2017 SEI Job No. 17-091 Town Case No. D17-0062                PRELIMINARY SITE PLAN             PROSPER COMMONS BLOCK A, LOTS 2 & 5 IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS Current Zoning: C (Commercial) LOCATION MAP 1" = 1000' PROJECT LOCATION OWNER / APPLICANT TCAH Properties, LLC 4221 Wilson Creek Trail Prosper, TX 75078 Phone (972)347-0900 Contact: Jason Whitworth ENGINEER / SURVEYOR Spiars Engineering, Inc. 765 Custer Road, Suite 100 Plano, TX 75075 Telephone: (972) 422-0077 TBPE No. F-2121 Contact: David Bond Item 5d Vol. 5168, Pg. 2935 DRCCT Doc. No. 2014-576 DRCCT Doc. No. 96-0038753 DRCCT 1.738 AC / 75,701 SF 1.136 AC / 49,480 SF Scale: 1"=30' June, 2017 SEI Job No. 17-091 Town Case No. D17-0063              SITE PLAN             PROSPER COMMONS BLOCK A, LOT 2 IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS Current Zoning: C (Commercial) LOCATION MAP 1" = 1000' PROJECT LOCATION OWNER / APPLICANT TCAH Properties, LLC 4221 Wilson Creek Trail Prosper, TX 75078 Phone (972)347-0900 Contact: Jason Whitworth ENGINEER / SURVEYOR Spiars Engineering, Inc. 765 Custer Road, Suite 100 Plano, TX 75075 Telephone: (972) 422-0077 TBPE No. F-2121 Contact: David Bond Item 5d EXISTINGCANOPYAND SHEDFF=646.871/2"CIRFCIRSCIRSCIRS"X" CUTFOUNDPROSPER TRAILVARIABLE WIDTH CONCRETE90' R.O.W.DOC. NO. 20110628010001150O.P.R.C.C.T.COOK LANE (CALLED 60' R.O.W.)POB151.68'524.5' TO NEXT DRIVEWAY EX. (3)-7'X4' BOX CULVERTS EX. SLOPED HEADWALL EX. FIRE HYDRANT EX. FIRE HYDRANT TO BE RELOCATED EX. FIRE HYDRANT 25' LANDSCAPE EASEMENT 10' LANDSCAPESETBACK(BACK OF CURB)PROP. FIRE HYDRANT PROP. FDC PROP. B.F.R.PROP. DETENTION POND EX. 50' GASEASEMENTPROP. 6' MASONRY SCREEN WALL PROP. SLIDING GATE PROP. SCREEN FENCE 30'179.71'24'262.94'167.88'24'235.9'PROP. SCREEN FENCE PROP. SLIDING GATE EX. 50' GASEASEMENT180'75' 75'166.66'140'75'125'80'65'80' 80'140'80'120'WAREHOUSE 11,200 SF OFFICE 9,600 SF COVERED WORK AREA OFFICE 1,500 SF WAREHOUSE 8,500 SF LOT 4 10,500 SF OFFICE 1.53 ACRES LOT 3 12,500 SF OFFICE 1.96 ACRES LOT 2 13,500 SF OFFICE 1.91 ACRES WAREHOUSE 5,200 SF PROP. FDC PROP. FDC PROP. FDC PROP. FDC PROP. FDC PROP. FDC PROP. FIRE HYDRANT PROP. FIRE HYDRANT PROP. FIRE HYDRANT PROP. FIRE HYDRANT PROP. FIRE HYDRANT PROP. B.F.R. PROP. B.F.R. PROP. B.F.R.PROP. B.F.R. PROP. B.F.R. PROP. B.F.R. PROP. B.F.R. PROP. B.F.R. PROP. B.F.R. PROP. B.F.R. PROP. DUMPSTER PROP. DUMPSTERS PROP. DUMPSTERS LOT 1 8.59 ACRES 26'18'10.5' 18' 24' ADUE 9'9'18' 24' ADUE 12'20'11'18'24'ADUE15'18' 24' FLADUE 20'20'24' ADUE 18'9'18' 24' FLADUE 18'9'18'24'9' 18'24'18'9'18'24'18'9' 9' 18'24'FLADUE18' 26' FLADUE 9'9'26'9'9'18'9'18'9'18'24'20'30' RIGHT OF WAY DOC. NO. 20060126000108660 R.P.R.D.C.T. LOT 1 BLOCK A PLM ADDITION DOC. NO. 20110628010001150 O.P.R.C.C.T. PROSPER FLEX DEVELOPMENT PARTNERS DOC. NO. 20151221001574120 O.P.R.C.C.T.TOWN OF PROSPERDOC. NO. 20111004001060440O.P.R.D.C.T.30'FLADUE30' FLADUE 5' LANDSCAPEEASEMENT25' LANDSCAPE EASEMENT 18' 24' FLADUE 20'20'24'18'9'9'18'24'24'FLADUE30' EXISTING CANOPY AND SHED 35.47'35.45'23.62'16.87' 23.82' 23.76' 6.76' 33.88' 8 9 8 11 8 9 7 2 4 6 26 15 9 13 8 5 11 11 98 8 12 13 14 R50'R 5 0 ' R50' R 5 0 ' R10' R10'R10' R 3 0 'R30'R 1 0 ' R30' R2 0 'R30'R30'R 3 0 'R3 5 'R35'R3 0 'R30'R30'R35' R30'R20'24' FLADUE24' FLA D U E24'FLADUES 11°33' 1 6 " W 8 5 5 . 6 6 'S 89°28'53" W 644.65'N 00°20'39" E 839.00'N 89°38'07" E 810.99'PROP. CORNER CLIP 15' LANDSCAPE EASEMENT 15' LANDSCAPE EASEMENT 11' R 3 0 ' R30' R 3 0 '11.5'11'11'2' 27' R 3 0 ' R30'52'24'24'4'36'FLADUER10'20.5'R20'R30 ' R30'11'R10' R 3 0 ' 6' 6' PROP. LEFT TURN LANE PROP. DECEL LANE PROP. 6' PUBLIC SIDEWALK PROP. 6' PUBLIC SIDEWALK PROP. 6' PUBLIC SIDEWALK PROP. 6' PUBLIC SIDEWALK PROP. 6' PUBLIC SIDEWALK 6'PROP. 6' PUBLIC SIDEWALK PROP. 6' PUBLIC SIDEWALK PROP. 6' PUBLIC SIDEWALK 14.07'13.92'11'11'PROP. FIRE HYDRANT 11' 13.94'11'PROP. FIRE HYDRANT R30' 7 13 9 2 PROP. B.F.R. PROP. B.F.R. PROP. B.F.R. PROP. B.F.R. R10' PROP. B.F.R. R3 0 'R30'PROP. B.F.R. PROP. B.F.R. PROP. FIRE HYDRANT 9 14 11'8 11 2' OVERHANG3 11 9 6 11'24' ADUE 24'FLADUE30' FLAE 30' FLADUE 26' FLADUE PROP. FIRE HYDRANT PROP. FIRE HYDRANT PROP. FIRE HYDRANT R30'26' FLADUE 2' OVERHANG 2' 10' 10' 10' 10' PROP. TRUCK SCALE PROP. STORAGE BINS 15' LANDSCAPE EASEMENT R3 0 ' PROP. HVAC PROP. HVAC PROP. HVAC PROP. HVAC PROP. HVAC PROP. HVAC PROP. HVAC 7' 10.33' 7' PROP. 6' MASONRY SCREEN WALL PROP. 6' MASONRY SCREEN WALL 7'24' FLADUE7' 10.08' 7' 2' OVERHANG 2' OVERHANG2' OVERHANG 2' OVERHANG 11'10.62'R3 0 '24'10' LANDSCAPE SETBACK (BACK OF CURB)7'DATENo.REVISIONBYDATE: SHEET File No. 2017-128 12/26/2017 CHECKED: BJK DRAWN: DESIGN:WORLDWIDE ROCKENTERPRISESSEC OF PROSPER TRAIL ANDCOOK LANEPROSPER, TEXAS1903 CENTRAL DRIVE, SUITE #406PHONE: 817.281.0572BEDFORD, TX 76021 WWW.CLAYMOOREENG.COMPLOTTED BY:BOBBY KUBINPLOT DATE: 12/26/2017 11:14 AMLOCATION: Z:\PROJECTS\PROJECTS\2017-128 WORLDWIDE ROCK PROSPER\CADD\SHEETS\SP-1 SITE PLAN.DWGLAST SAVED: 12/26/2017 11:10 AM TEXAS REGISTRATION #14199 MAM PRELIMINARY CLAYMOORE ENGINEERING BJKPRELIMINARY SITE PLANSP-1 COUNTY SURVEY:ABSTRACT NO. COLLIN COLLIN COUNTY SCHOOL LAND SURVEY 147 CITY:STATE: TOWN OF PROSPER TEXAS LEGAL DESCRIPTION: DEVELOPER: APPLICANT: CLAYMOORE ENGINEERING, INC. 1903 CENTRAL DRIVE, SUITE #406 BEDFORD, TX 76021 PH: 817.281.0572 SURVEYOR: EAGLE SURVEYING, LLC 210 SOUTH ELM STREET DENTON, TX 76201 PH: 940.222.3009 WORLDWIDE ROCK ENTERPRISES 1854 E. BELTLINE RD COPPELL, TX 75019 972-877-6734 BEING A 14.00 ACRE TRACT OF LAND SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147 IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS AND BEING A PORTION OF A TRACT OF LAND DESCRIBED IN DEED TO ALL STORAGE PROSPER TRAIL, LLC RECORDED IN DOCUMENT NUMBER 20170714000925660, OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS (O.P.R.C.C.T.). HOME BUILDER SUPPLY CONTACT NAME: DAVID ROLLEN CONTACT NAME: MATT MOORE CONTACT NAME: LARRY SPRADLING PRELIMINARY SITE PLAN CASE #: D17-0046 0 GRAPHIC SCALE 1 inch = ft. 50 50 100 50 25 LEGEND EX. FIRE HYDRANT PROPOSED FIRE HYDRANT PROPOSED HEAVY DUTY CONCRETE PAVEMENT PROPOSED PUBLIC SIDEWALK PROPOSED DUMPSTER AREA CONCRETE PAVEMENT PROPOSED STANDARD DUTY CONCRETE PAVEMENT THIS PROPERTY IS LOCATED IN "NON-SHADED ZONE X" AS SCALED FROM THE F.E.M.A. FLOOD INSURANCE RATE MAP DATED JUNE 2, 2009 AND IS LOCATED IN COMMUNITY NUMBER 480141 AS SHOWN ON MAP NUMBER 48085C0235J. THE LOCATION OF THE FLOOD ZONE IS APPROXIMATE, NO VERTICAL DATUM WAS COLLECTED AT THE TIME OF THE SURVEY. FOR THE EXACT FLOOD ZONE DESIGNATION, PLEASE CONTACT 1-(877) FEMA MAP FLOODPLAIN NOTE TOWN OF PROSPER SITE PLAN GENERAL NOTES: ANY REVISIONS TO THIS PLAN WILL REQUIRE TOWN APPROVAL AND WILL REQUIRE REVISIONS TO ANY CORRESPONDING PLANS TO AVOID CONFLICTS BETWEEN PLANS. 1. DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 2. OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 3. OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE AND SUBDIVISION ORDINANCE. 4. LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN. 5. ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE. 6. BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRE SPRINKLED. ALTERNATIVE FIRE PROTECTION MEASURES MAY BE APPROVED BY THE FIRE DEPARTMENT. 7. FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWN STANDARDS OR AS DIRECTED BY THE FIRE DEPARTMENT. 8. TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTY AT ALL TIMES. 9. SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE. 10. HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 11. ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 12. ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE SITE PLAN AND ARE SUBJECT TO BUILDING OFFICIAL APPROVAL. 13. ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDING OFFICIAL APPROVAL AND SHALL CONFORM TO THE APPROVED FAÇADE PLAN. 14.SIDEWALKS OF NOT LESS THAN SIX (6’) FEET IN WIDTH ALONG THOROUGHFARES AND COLLECTORS AND FIVE (5’) IN WIDTH ALONG RESIDENTIAL STREETS, AND BARRIER FREE RAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PER TOWN STANDARDS. 15. APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALL ENGINEERING PLANS ARE APPROVED BY THE ENGINEERING DEPARTMENT. 16. SITE PLAN APPROVAL IS REQUIRED PRIOR TO GRADING RELEASE. 17. ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATED UNDERGROUND. 18. ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE ZONING ORDINANCE. 19. ALL LANDSCAPE EASEMENTS MUST BE EXCLUSIVE OF ANY OTHER TYPE OF EASEMENT. 20. IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS. BENCHMARK: 1. TBM1 'X' MAG NAIL SET AT NORTHEAST CORNER OF SITE, ON NORTH SIDE OF PROSPER TRAIL. ELEVATION: 643.64 2. TBM2 'X' CUT IN CONCRETE CURB AT NORTHWEST CORNER OF SITE, ON WEST SIDE OF COOK LANE ELEVATION 637.66 FEET *NO 100-YEAR FLOODPLAIN EXISTS ON THE SITE* GAS METER ELECTRIC METER TELEPHONE RISER / PEDESTAL N.T.S. VICINITY MAP N SITE FRONTIER PKWY DALLAS PKWYPROSPER TRAIL COOK LNN COLEMAN STNOTE: 1. ALL DIMENSIONS ARE TO FACE OF CURB UNLESS OTHERWISE NOTED. 2. DUMPSTER ENCLOSURES SHALL BE 6' IN HEIGHT WITH BRICK VENEER MATERIALS TO MATCH THE PROPOSED BUILDINGS. 3. PROPOSED MASONRY SCREENING WALL SHALL BE 6' IN HEIGHT. FIRE LANE AND ACCESS EASEMENT FIRE LANE, ACCESS, DRAINAGE AND UTILITY EASEMENT FLAE FLADUE ACCESS, DRAINAGE AND UTILITY EASEMENTADUE Item 5d SDMH-RIM=644.21SDMH-RIM=641.52FL=24"RCP=636.52 (N)SDMH-RIM=637.91SDMH-RIM=637.27FL=24"RCP=633.37 (N)SDMH-RIM=636.00FL=24"RCP=631.50 (S)SDMH-RIM=635.74SDMH-RIM=635.69FL=24"RCP=630.39 (S)SDMH-RIM=635.11SDMH-RIM=635.15FL=X"RCP=630.45 (W)SDMH-RIM=641.60EXISTINGCANOPYAND SHEDFF=646.87S 11°33' 1 6 " W 8 5 5 . 6 6 'S 89°28'53" W 644.65'N 00°20'39" E 839.00'N 89°38'07" E 810.99'1/2"CIRFCIRSCIRSCIRS"X" CUTFOUNDLOT 1 BLOCK A PLM ADDITION DOC. NO. 20110628010001150 O.P.R.C.C.T.PROSPER FLEXDEVELOPMENT PARTNERSDOC. NO. 20151221001574120O.P.R.C.C.T.TOWN OF PROSPERDOC. NO. 20111004001060440O.P.R.D.C.T.30' RIGHT OF WAY DOC. NO. 20060126000108660 R.P.R.D.C.T.30.0'30.82'S 89°28'46" WPROSPER TRAILVARIABLE WIDTH CONCRETE90' R.O.W.DOC. NO. 20110628010001150O.P.R.C.C.T.COOK LANE (CALLED 60' R.O.W.)TBM #1MAG NAIL SETZ=643.64TBM#2"X" CUT SETZ=637.66POBSDMH-RIM=644.21SDMH-RIM=641.52FL=24"RCP=636.52 (N)SDMH-RIM=637.91SDMH-RIM=637.27FL=24"RCP=633.37 (N)SDMH-RIM=636.00FL=24"RCP=631.50 (S)SDMH-RIM=635.74SDMH-RIM=635.69FL=24"RCP=630.39 (S)SDMH-RIM=635.11SDMH-RIM=635.15FL=X"RCP=630.45 (W)SDMH-RIM=641.60EXISTINGCANOPYAND SHEDFF=646.87S 11°33' 1 6 " W 8 5 5 . 6 6 'S 89°28'53" W 644.65'N 00°20'39" E 839.00'N 89°38'07" E 810.99'1/2"CIRFCIRSCIRSCIRS"X" CUTFOUNDLOT 1 BLOCK A PLM ADDITION DOC. NO. 20110628010001150 O.P.R.C.C.T.PROSPER FLEXDEVELOPMENT PARTNERSDOC. NO. 20151221001574120O.P.R.C.C.T.TOWN OF PROSPERDOC. NO. 20111004001060440O.P.R.D.C.T.30' RIGHT OF WAY DOC. NO. 20060126000108660 R.P.R.D.C.T.30.0'30.82'S 89°28'46" WPROSPER TRAILVARIABLE WIDTH CONCRETE90' R.O.W.DOC. NO. 20110628010001150O.P.R.C.C.T.COOK LANE (CALLED 60' R.O.W.)TBM #1MAG NAIL SETZ=643.64TBM#2"X" CUT SETZ=637.66POB25' LANDSCAPE EASEMENT 10' LANDSCAPESETBACKTO BACK OF CURB15' LANDSCAPEEASEMENT10' LANDSCAPE SETBACK TO BACK OF CURB DETENTION POND LOT 1 LOT 2 LOT 3 LOT 4 DATENo.REVISIONBYDATE: SHEET File No. 2017-128 12/26/2017 CHECKED: BJK DRAWN: DESIGN:WORLDWIDE ROCKENTERPRISESSEC OF PROSPER TRAIL ANDCOOK LANEPROSPER, TEXAS1903 CENTRAL DRIVE, SUITE #406PHONE: 817.281.0572BEDFORD, TX 76021 WWW.CLAYMOOREENG.COMPLOTTED BY: BOBBY KUBINPLOT DATE: 12/26/2017 11:14 AMLOCATION: Z:\PROJECTS\PROJECTS\2017-128 WORLDWIDE ROCK PROSPER\CADD\SHEETS\SP-2 OPEN SPACE PLAN.DWGLAST SAVED: 12/26/2017 11:09 AM TEXAS REGISTRATION #14199 MAM PRELIMINARY CLAYMOORE ENGINEERING BJK TOWN OF PROSPER SITE PLAN GENERAL NOTES: 1. DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 2. OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 3. OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE AND SUBDIVISION ORDINANCE. 4. LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN. 5. ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE. 6. BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRE SPRINKLED. ALTERNATIVE FIRE PROTECTION MEASURES MAY BE APPROVED BY THE FIRE DEPARTMENT. 7. FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWN STANDARDS OR AS DIRECTED BY THE FIRE DEPARTMENT. 8. TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTY AT ALL TIMES. 9. SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE. 10. HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 11. ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 12. ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE SITE PLAN AND ARE SUBJECT TO BUILDING OFFICIAL APPROVAL. 13. ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDING OFFICIAL APPROVAL AND SHALL CONFORM TO THE APPROVED FAÇADE PLAN. 14.SIDEWALKS OF NOT LESS THAN SIX (6’) FEET IN WIDTH ALONG THOROUGHFARES AND COLLECTORS AND FIVE (5’) IN WIDTH ALONG RESIDENTIAL STREETS, AND BARRIER FREE RAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PER TOWN STANDARDS. 15. APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALL ENGINEERING PLANS ARE APPROVED BY THE ENGINEERING DEPARTMENT. 16. SITE PLAN APPROVAL IS REQUIRED PRIOR TO GRADING RELEASE. 17. ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATED UNDERGROUND. 18. ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE ZONING ORDINANCE. 19. IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS. 20. ALL DIMENSIONS ARE TO FACE OF CURB UNLESS OTHERWISE NOTED.OPEN SPACE PLANSP-2 LEGEND OPEN SPACE LANDSCAPE BUFFERS 0 GRAPHIC SCALE 1 inch = ft. 50 50 100 50 25 N.T.S. VICINITY MAP N SITE FRONTIER PKWY DALLAS PKWYPROSPER TRAIL COOK LNN COLEMAN STCOUNTY SURVEY:ABSTRACT NO. COLLIN COLLIN COUNTY SCHOOL LAND SURVEY 147 CITY:STATE: TOWN OF PROSPER TEXAS LEGAL DESCRIPTION: DEVELOPER: APPLICANT: CLAYMOORE ENGINEERING, INC. 1903 CENTRAL DRIVE, SUITE #406 BEDFORD, TX 76021 PH: 817.281.0572 SURVEYOR: EAGLE SURVEYING, LLC 210 SOUTH ELM STREET DENTON, TX 76201 PH: 940.222.3009 WORLDWIDE ROCK ENTERPRISES 1854 E. BELTLINE RD COPPELL, TX 75019 972-877-6734 BEING A 14.00 ACRE TRACT OF LAND SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147 IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS AND BEING A PORTION OF A TRACT OF LAND DESCRIBED IN DEED TO ALL STORAGE PROSPER TRAIL, LLC RECORDED IN DOCUMENT NUMBER 20170714000925660, OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS (O.P.R.C.C.T.). HOME BUILDER SUPPLY CONTACT NAME: DAVID ROLLEN CONTACT NAME: MATT MOORE CONTACT NAME: LARRY SPRADLING PRELIMINARY SITE PLAN CASE #: D17-0046 Item 5d SDMH-RIM=644.21SDMH-RIM=641.52FL=24"RCP=636.52 (N)SDMH-RIM=637.91SDMH-RIM=637.27FL=24"RCP=633.37 (N)SDMH-RIM=636.00FL=24"RCP=631.50 (S)SDMH-RIM=635.74SDMH-RIM=635.69FL=24"RCP=630.39 (S)SDMH-RIM=635.11SDMH-RIM=635.15FL=X"RCP=630.45 (W)SDMH-RIM=641.60EXISTINGCANOPYAND SHEDFF=646.87LOT 1 BLOCK A PLM ADDITION DOC. NO. 20110628010001150 O.P.R.C.C.T.PROSPER FLEXDEVELOPMENT PARTNERSDOC. NO. 20151221001574120O.P.R.C.C.T.TOWN OF PROSPERDOC. NO. 20111004001060440O.P.R.D.C.T.30' RIGHT OF WAY DOC. NO. 20060126000108660 R.P.R.D.C.T.30.0'S 11°28' 3 9 " W 3 4 7 . 6 0 ' 30' RIGHT OF WAY DOC. NO. 20060126000108660 R.P.R.D.C.T.30.82'S 89°28'46" WPROSPER TRAILVARIABLE WIDTH CONCRETE90' R.O.W.DOC. NO. 20110628010001150O.P.R.C.C.T.37' CONCRETE COOK LANE (CALLED 60' R.O.W.) 37' CONCRETE TBM #1MAG NAIL SETZ=643.64TBM#2"X" CUT SETZ=637.66EX. 12" WATER LINEEX. 12" WATER LINE CONNECT TO EX. 12" WATER LINE INSTALL: 1-12" TEE 1-12" GATE VALVE CONNECT TO EX. 12" WATER LINE INSTALL: 1-12" TEE 1-12" GATE VALVEPROP. 12" WATER LINEPROP. FDC INSTALL: 1-12"X6" TEE 1-6" GATE VALVEINSTALL: 1-FIRE HYDRANT ASSEMBLY PER CITY STANDARDS 1-12" GATE VALVE INSTALL: 2-45° BENDS PROP. 8" SEWER LINE PROP. 8" SEWER LINE PROPOSED SEWER MANHOLE PROP. 6" SEWER SERVICEPROP. 10' SEWEREASEMENTPROPOSED SEWER MANHOLE CONNECT TO EXISTING LINE PROPOSED SEWER MANHOLE EX. FIRE HYDRANT TO BE RELOCATED EX. FIRE HYDRANT EX. FIRE HYDRANT INSTALL: 1-FIRE HYDRANT ASSEMBLY PER CITY STANDARDSPROP. 12" WATER LINEPROP. 12" WATER LINEINSTALL: 1-FIRE HYDRANT ASSEMBLY PER CITY STANDARDS 1-12" GATE VALVE INSTALL: 1-12"X6" TEE 1-6" GATE VALVE PROPOSED SEWER MANHOLE INSTALL: 1-FIRE HYDRANT ASSEMBLY PER CITY STANDARDS PROP. 6" SEWER SERVICE PROP. 6" SEWER SERVICE PROP. 6" SEWER SERVICE INSTALL: 1-45° BEND INSTALL: 1-45° BEND PROPOSED SEWER MANHOLE PROPOSED SEWER MANHOLE PROP. 6" SEWER SERVICE INSTALL: 1-12"X12" TEE 2-12" GATE VALVES PROP. FDC PROP. FDC PROP. 2" DOM. SERVICE PROP. 2" DOM. SERVICE INSTALL: 1-12"X6" TEE 1-6" GATE VALVE PROP. FDC PROP. 2" DOM. SERVICE PROP. FDC PROP. 2" DOM. SERVICE INSTALL: 1-12"X6" TEE 1-6" GATE VALVE PROP. 6" SEWER SERVICE PROP. 2" DOM. SERVICE PROP. 1" IRR. SERVICE PROP. 2" DOM. SERVICE PROP. 1" IRR. SERVICE INSTALL: 1-FIRE HYDRANT ASSEMBLY PER CITY STANDARDS PROP. 6" SEWER SERVICE PROP. 2" DOM. SERVICE PROP. 1" IRR. SERVICE INSTALL: 2-45° BENDS INSTALL: 1-FIRE HYDRANT ASSEMBLY PER CITY STANDARDS PROP. FDC PROP. FDC INSTALL: 1-12"X6" TEE 1-6" GATE VALVE PROP. 8" SEWER LINEPROP. 8" SEWER LINEPROP. 12" WATER LINEPROP. 12" WATER LINEPROP. 1 2 " W A T E R L I N E INSTALL: 1-FIRE HYDRANT ASSEMBLY PER CITY STANDARDS 1-12" GATE VALVE PROPOSED SEWER MANHOLE PROPOSED SEWER MANHOLE PROPOSED SEWER MANHOLE PROPOSED SEWER MANHOLE PROP. 1 2 " W A T E R L I N EPROP. 8" SEWER LINEPROP. 8" SEWER LINEINSTALL: 1-FIRE HYDRANT ASSEMBLY PER CITY STANDARDS INSTALL: 1-FIRE HYDRANT ASSEMBLY PER CITY STANDARDS INSTALL: 2-45° BENDS CONNECT TO EX. 12" WATER LINE INSTALL: 1-12" TEE 1-12" GATE VALVE INSTALL: 1-12"X6" TEE 1-6" GATE VALVE EX. 50' GASEASEMENTLOT 4 10,500 SF OFFICE 1.53 ACRES LOT 3 12,500 SF OFFICE 1.96 ACRES LOT 2 13,500 SF OFFICE 1.91 ACRES LOT 1 8.59 ACRES DATENo.REVISIONBYDATE: SHEET File No. 2017-128 12/26/2017 CHECKED: BJK DRAWN: DESIGN:WORLDWIDE ROCKENTERPRISESSEC OF PROSPER TRAIL ANDCOOK LANEPROSPER, TEXAS1903 CENTRAL DRIVE, SUITE #406PHONE: 817.281.0572BEDFORD, TX 76021 WWW.CLAYMOOREENG.COMPLOTTED BY: BOBBY KUBINPLOT DATE: 12/26/2017 11:14 AMLOCATION: Z:\PROJECTS\PROJECTS\2017-128 WORLDWIDE ROCK PROSPER\CADD\SHEETS\SP-5 UTILITY PLAN.DWGLAST SAVED: 12/19/2017 1:53 PM TEXAS REGISTRATION #14199 MAM PRELIMINARY CLAYMOORE ENGINEERING BJKPRELIMINARY UTILITYPLANUT-1 0 GRAPHIC SCALE 1 inch = ft. 20 50 100 50 25 LEGEND EXISTING WATER MAIN EXISTING SANITARY SEWER AND MANHOLE PROPOSED WATER LINE PROPOSED SANITARY SEWER LINE AND CLEAN OUT PROPOSED UNDERGROUND ELECTRIC PROPOSED UNDERGROUND COMMUNICATION LINE PROPOSED UNDERGROUND GAS LINE NOTES 1. CONTRACTOR SHALL COORDINATE WITH FRANCHISE UTILITY COMPANIES AND IRRIGATION PLANS TO DETERMINE QUANTITY, SIZE, AND LOCATION FOR ALL CONDUIT AND SLEEVING REQUIRED TO SERVE BUILDING AND SITE. ALL CONDUIT AND SLEEVES SHALL BE INSTALLED PRIOR TO SUBGRADE PREPARATION AND PAVING. FRANCHISE UTILITY NOTES: 1.THE GAS, ELECTRIC AND TELEPHONE INFORMATION SHOWN ON THIS PLAN IS BASED UPON THE LATEST INFORMATION AVAILABLE FROM THE RESPECTIVE FRANCHISE UTILITY COMPANIES. IT IS INTENDED FOR PURPOSES OF GENERAL BIDDING AND BASIC CLARITY. SPECIFIC JOB SITE CONDITIONS SHALL BE FIELD VERIFIED PER NOTES 2 THROUGH 4 BELOW. THE FRANCHISE UTILITY CONTRACTOR ASSUMES ALL RESPONSIBILITY FOR SAID FIELD CONDITIONS AND ASSOCIATED REVISIONS REQUIRED BY THE RESPECTIVE UTILITY COMPANIES INVOLVED. 2.THE FRANCHISE UTILITY CONTRACTOR SHALL CONTACT THE RESPECTIVE FRANCHISE UTILITY COMPANIES, VERIFY ALL REQUIREMENTS AND EQUIPMENT, AND FURNISH AND INSTALL, INCLUDING BUT NOT LIMITED TO, ALL METERS, TRANSFORMERS, CONDUIT, CONCRETE PADS, TRENCHING, AND BACKFILL NECESSARY FOR PROPER INSTALLATION. FRANCHISE UTILITY CONTRACTOR SHALL ALSO PAY ALL FEES AND CHARGES INCURRED AND COORDINATE WITH OTHER FRANCHISE UTILITY COMPANIES. 3.THE FRANCHISE UTILITY CONTRACTOR SHALL FIELD VERIFY, IN THE PRESENCE OF THE RESPECTIVE UTILITY COMPANY REPRESENTATIVES, THE LOCATION OF ALL EXISTING AND PROPOSED UTILITY SERVICES AND EQUIPMENT. THE FRANCHISE UTILITY CONTRACTOR SHALL INCLUDE IN HIS BID SUFFICIENT FUNDS TO COVER ALL COSTS REQUIRED BY UTILITY COMPANIES TO PROVIDE NEW SERVICES AND/OR UPGRADE EXISTING SERVICES. NO ALLOWANCES WILL BE MADE FOR FRANCHISE UTILITY CONTRACTOR'S UNFAMILIARITY WITH THE EXISTING CONDITION, REQUIREMENTS OF THE NEW CONDITIONS, AND/OR FAILURE TO COORDINATE INSTALLATION. 4.CONTRACTOR SHALL VERITY THAT METER AND TRANSFORMER LOCATIONS SHOWN MEET DESIGN CRITERIA BY FRANCHISE UTILITY COMPANIES FOR, BUT NOT LIMITED TO, THE OFFSET DISTANCE FROM FACE OF BUILDING. 5.ALL FRANCHISE UTILITIES SHOWN ARE FOR REFERENCE ONLY. PRIVATE UTILITIES REQUIRE A SEPARATE BUILDING PERMIT 6.OVERHEAD POLE RELOCATION REQUIRED R.O.W. PERMIT FROM PUBLIC WORKS. AIR CONDITIONING UNIT GAS METER ELECTRIC METER TELEPHONE RISER / PEDESTAL Item 5d FFE: 641.00 FFE: 644.10 FFE: 641.50 FFE: 640.50 FFE: 639.20 FFE: 639.20 FFE: 638.80 EXISTINGCANOPYAND SHEDFF=646.87LOT 1 BLOCK A PLM ADDITION DOC. NO. 20110628010001150 O.P.R.C.C.T.PROSPER FLEXDEVELOPMENT PARTNERSDOC. NO. 20151221001574120O.P.R.C.C.T.TOWN OF PROSPERDOC. NO. 20111004001060440O.P.R.D.C.T.30' RIGHT OF WAY DOC. NO. 20060126000108660 R.P.R.D.C.T.30.0'S 11°28' 3 9 " W 3 4 7 . 6 0 ' 30' RIGHT OF WAY DOC. NO. 20060126000108660 R.P.R.D.C.T.30.82'S 89°28'46" WPROSPER TRAILVARIABLE WIDTH CONCRETE90' R.O.W.DOC. NO. 20110628010001150O.P.R.C.C.T.37' CONCRETE COOK LANE (CALLED 60' R.O.W.) 37' CONCRETE TBM #1MAG NAIL SETZ=643.64TBM#2"X" CUT SETZ=637.66EXISTING SLOPED HEADWALL TO BE REMOVED AND CAPPED PROPOSED DETENTION POND AND DRAINAGE EASEMENT WAREHOUSE 11,200 SF OFFICE 9,600 SF OFFICE 1,500 SF WAREHOUSE 8,500 SF LOT 4 10,500 SF OFFICE 1.53 ACRES LOT 3 12,500 SF OFFICE 1.96 ACRES LOT 2 13,500 SF OFFICE 1.91 ACRES WAREHOUSE 5,200 SF LOT 1 8.59 ACRES PROPOSED SLOPED HEADWALL PROPOSED CURB INLET PROPOSED 5' CURB INLET PROPOSED STORM MANHOLE PROPOSED 5' CURB INLET PROPOSED 5' CURB INLET PROPOSED 36" STORM DRAIN PROPOSED 36" STORM DRAIN PROPOSED 24" STORM DRAINPROPOSED 24" STORM DRAINPROPOSED18" STORM DRA INPROPOSED 18" STORM DRAINPROPOSED 5' CURB INLETPROPOSED 18" STORM DRAINPROPOSED 24" STORM DRAINPROPOSED 5' CURB INLET 18" STORM 18" STORM 18" STORM PROPOSED 5' CURB INLET PROPOSED 5' CURB INLET 18" STORM 18" STORM 18" STORM 18" STORM PROPOSED 15' DRAINAGE EASEMENT EXISTING 3 - 7'X4' RCB'S CAP: 715 CFS EX. 48" STORMEX. 21" STORM EX. 42" STORM EX. 27" STORM PROPOSED 5' CURB INLET PROPOSED 5' CURB INLET DATENo.REVISIONBYDATE: SHEET File No. 2017-128 12/26/2017 CHECKED: BJK DRAWN: DESIGN:WORLDWIDE ROCKENTERPRISESSEC OF PROSPER TRAIL ANDCOOK LANEPROSPER, TEXAS1903 CENTRAL DRIVE, SUITE #406PHONE: 817.281.0572BEDFORD, TX 76021 WWW.CLAYMOOREENG.COMPLOTTED BY: BOBBY KUBINPLOT DATE: 12/26/2017 11:15 AMLOCATION: Z:\PROJECTS\PROJECTS\2017-128 WORLDWIDE ROCK PROSPER\CADD\SHEETS\SP-3 GRADING AND DRAINAGE PLAN.DWGLAST SAVED: 12/26/2017 8:57 AM TEXAS REGISTRATION #14199 MAM PRELIMINARY CLAYMOORE ENGINEERING BJKPRELIMINARYGRADING ANDDRAINAGE PLANGD-1 0 GRAPHIC SCALE 1 inch = ft. 50 50 100 50 25 LEGEND EXISTING CONTOUR PROPOSED CONTOUR PROPOSED GRADE (TOP OF PAVEMENT) ME MATCH EXISTING TR TOP OF RAMP FFE FINISH FLOOR ELEVATION TW TOP OF WALL BW BOTTOM OF WALL SW TOP OF SIDEWALK 699.50 NOTES: 1. ALL SPOT ELEVATIONS ARE TO TOP OF PAVING UNLESS OTHERWISE NOTED. 2. EXISTING UTILITIES WERE OBTAINED FROM RECORD DRAWINGS. THE CONTRACTOR SHALL VERIFY THE EXACT LOCATION OF EXISTING UTILITIES AND NOTIFY THE ENGINEER FOR ANY DISCREPANCIES WITH THIS PLAN. 3. MAXIMUM SLOPE IN LANDSCAPE AREAS ARE NOT TO EXCEED 4:1; MIN EARTH GRADE IS 1%; MIN PAVING GRADE IS 0.5%. 4. ALL CURB HEIGHTS ARE 6-INCHES UNLESS NOTED OTHERWISE. 5. REFER TO GEOTECHNICAL REPORT FOR REQUIREMENTS REGARDING FILL COMPACTION AND MOISTURE CONTENT. 6. REF. STRUCTURAL PLANS, SPECIFICATIONS, AND GEOTECHNICAL REPORT FOR ALL BUILDING PAD PREPARATION CRITERIA. 7. THE CONTRACTOR SHALL CONSTRUCT ALL BARRIER FREE RAMPS PER CITY OF PROSPER AND ADA STANDARDS. 8. GRADING FOR ALL SIDEWALKS AND ACCESSIBLE ROUTES INCLUDING CROSSING DRIVEWAYS SHALL CONFORM TO ADA STANDARDS. SLOPES SHALL NOT EXCEED 5% LONGITUDINAL SLOPE OR 2% CROSS SLOPE. SIDEWALK ACCESS TO EXTERNAL BUILDING DOORS SHALL BE ADA COMPLIANT. CONTRACTOR SHALL NOTIFY ENGINEER IMMEDIATELY IF ADA CRITERIA CANNOT BE MET AT ANY LOCATION. 9. GRADING OF ALL HANDICAPPED SPACES AND ROUTES IS TO CONFORM TO LOCAL, STATE, AND FEDERAL GUIDELINES. 10. CONTRACTOR SHALL ADJUST EXISTING VALVES, MANHOLE RIMS, ETC. AS NECESSARY TO MATCH FINISHED GRADE. 11. CONTRACTOR SHALL MAINTAIN POSITIVE DRAINAGE AWAY FROM EXISTING & PROPOSED BUILDINGS. 700 695 Item 5d FIRELANE (TYP.)FIRELANE (TYP.)FIRELANE (TYP.)EXISTINGBUILDINGFF=640.00EXISTINGBUILDINGFF=640.50EXISTINGCANOPYAND SHEDFF=646.871/2"CIRFCIRSCIRSCIRS1/2"IRF"X" CUTFOUNDN 89°29'24" E 400.00'LOT 1 BLOCK A PLM ADDITION DOC. NO. 20110628010001150 O.P.R.C.C.T.PROSPER FLEXDEVELOPMENT PARTNERSDOC. NO. 20151221001574120O.P.R.C.C.T.TOWN OF PROSPERDOC. NO. 20111004001060440O.P.R.D.C.T.30' RIGHT OF WAY DOC. NO. 20060126000108660 R.P.R.D.C.T.30.0'S 11°28' 3 9 " W 3 4 7 . 6 0 ' 30' RIGHT OF WAY DOC. NO. 20060126000108660 R.P.R.D.C.T.30.82'S 89°28'46" WPROSPER TRAILVARIABLE WIDTH CONCRETE90' R.O.W.DOC. NO. 20110628010001150O.P.R.C.C.T.37' CONCRETE COOK LANE (CALLED 60' R.O.W.) 37' CONCRETE TBM #1MAG NAIL SETZ=643.64TBM#2"X" CUT SETZ=637.66TBM#3"X" CUT SETZ=643.04SSMH-RIM=637.59FL-6"PVC=632.99 (W)FL-6"PVC=632.88 (E)FL-6"PVC=632.85 (S)SSMH-RIM=645.42FL-6±"PVC=641.25 (NW)FL-6±"PVC=641.15 (E)SSMH-RIM=646.14FL-6±"PVC=640.90 (W)FL-6±"PVC=640.87 (N)FL-6±"PVC=640.79 (E)POBOS-1 7.44 AC 20.53 CFS A-1 0.76 AC 6.29 CFS A-2 0.29 AC 2.40 CFS A-3 0.65 AC 5.38 CFS A-4 0.91 AC 7.53 CFS A-5 0.70 AC 5.80 CFS A-6 0.14 AC 1.16 CFS A-7 0.60 AC 4.97 CFS B-1 0.71 AC 5.88 CFS B-2 0.79 AC 6.54 CFS B-3 0.60 AC 4.97 CFS C-1 7.84 AC 64.92 CFS DATENo.REVISIONBYDATE: SHEET File No. 2017-128 12/26/2017 CHECKED: BJK DRAWN: DESIGN:WORLDWIDE ROCKENTERPRISESSEC OF PROSPER TRAIL ANDCOOK LANEPROSPER, TEXAS1903 CENTRAL DRIVE, SUITE #406PHONE: 817.281.0572BEDFORD, TX 76021 WWW.CLAYMOOREENG.COMPLOTTED BY: BOBBY KUBINPLOT DATE: 12/26/2017 11:15 AMLOCATION: Z:\PROJECTS\PROJECTS\2017-128 WORLDWIDE ROCK PROSPER\CADD\SHEETS\SP-4 DRAINAGE AREA MAP.DWGLAST SAVED: 12/19/2017 12:55 PM TEXAS REGISTRATION #14199 MAM PRELIMINARY CLAYMOORE ENGINEERING BJKDRAINAGE AREA MAPGD-2 LEGEND A-1 1 AC 10 CFS 0 GRAPHIC SCALE 1 inch = ft. 100 100 200 100 50 Item 5d Page 1 of 4 To: Mayor and Town Council From: Alex Glushko, AICP, Senior Planner Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – January 9, 2018 Agenda Item: Conduct a Public Hearing, and consider and act upon an ordinance amending Special Purpose Sign District-6 (SPSD-6), for wall signage in Prosper Town Center, located on the northeast corner of Preston Road and First Street. (MD17-0008). Description of Agenda Item: On March 22, 2017, the Planning & Zoning Commission approved a Site Plan for a 3-story, forty-eight-foot (48’) tall, 13,200 square-foot office building. At that time the building was known as the DPG Executive Office Building; it is currently named the FUSE Office Building, within Prosper Town Center. On August 22, 2017, Town Council approved SPSD-6, regarding curved wall, monument, and unified developments signage for Prosper Town Center; however, the request did not include considerations for additional wall signage. Since the adoption of the ordinance, the Town has received a request regarding wall signage for the DPG Executive Office Building. The applicant is proposing to allow for, 1) increased wall sign height, 2) increased wall sign length, and 3) decreased wall sign separation, which are more specifically described below. Increased wall sign height – The Sign Ordinance limits the height of tenant signage to five feet (5’), where the height of the tenant wall area is thirty feet (30’) or greater. The applicant is requesting a maximum sign height of six feet, three inches (6’, 3”) on the south, west, and north facing elevations for the FUSE signage, in order to provide proportionate signage for the overall building height, as pictured below. Prosper is a place where everyone matters. PLANNING Item 7 Page 2 of 4 In addition, the applicant is seeking increased wall sign height for a future tenant, shown as Nexgen Fitness for conceptual purposes on this exhibit. The Sign Ordinance limits the height of tenant signage to three feet (3’), where the height of the tenant wall area is twenty feet (20’) or less. The applicant is requesting a maximum sign height of three feet, nine and a half inches (3’, 9.5”) on the south facing elevation only, as identified below. For comparison purposes, Texas Bank is 3-story, 10,622 square-feet, sixty feet (60’) in height, and recently received approval for an eight-foot (8’) tall wall sign. Increased wall sign length – The Sign Ordinance limits the length of tenant signage to fifty percent (50%) of the underlying wall plane width. The applicant is requesting an increased sign length for the west facing FUSE sign, identified below (and identified as Sign B, on Exhibit C-2). The underlying wall plane width is 28’, 5.5”, which would allow a maximum sign length of 14’, 2.75”. The request is to allow a maximum 15’, 0.75” sign length, for consistency with the other two (2) FUSE signs on the building (identified as Signs A and C on Exhibits C-2 and C-3). Item 7 Page 3 of 4 Decreased wall sign separation – The Sign Ordinance limits the separation of tenant signage to a distance equivalent to the length or width of the sign, per wall plane, whichever is greater. The applicant is requesting a decreased sign separation for the south-facing wall for future tenants, identified below (and identified as Signs F and G on Exhibit C-2). The signs have a length of fourteen feet, three inches (14’, 3”), which requires a minimum separation of fourteen feet, three inch (14’, 3”). This request is to allow a minimum ten-foot, six-inch (10’, 6”) separation for the purpose of allowing more tenant signs on the south-facing wall. The applicant has provided a letter detailing the basis for this request, which is attached for reference. Staff believes that this request is in harmony with the intent of the Sign Ordinance and is reasonable given the overall height and location of the building, Legal Obligations and Review: Notification was provided to neighboring property owners as required by the Sign Ordinance. Town staff has not received any Public Hearing Notice Reply Forms; however, a letter of support was received from the developer of Prosper Town Center, which has been included for reference. Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard ordinance as to form and legality. Item 7 Page 4 of 4 Attachments: 1. Location Map 2. Proposed Exhibits 3. Proposed Ordinance 4. Request Letter 5. Letter of Support Town Staff Recommendation: Town staff recommends that the Town Council approve an ordinance amending Special Purpose Sign Distirict-6 (SPSD-6), for wall signage in Prosper Town Center, located on the northeast corner of Preston Road and First Street. Proposed Motion: I move to approve an ordinance amending Special Purpose Sign Distirict-6 (SPSD-6), for wall signage in Prosper Town Center, located on the northeast corner of Preston Road and First Street. Item 7 CREEK VIEW DRFIRST STCRAIG RDPRESTON RDFIRST STHAYS RDCRAIG RDCROWN COLONY DRBROADWAY ST LANE STWILLOWMIST DRSTONE CREEK DRHIGH WILLOW DR RIDGEWOOD DR WILLOWGATE DR WILLOW RIDGE DRCHAPEL HILL DRMEADOW RUN DR CEDAR RIDGE DR FIFTH ST BRUSH CREEK RD SWEETWATER LN WILLOW RUN MOUNTAIN CREEK LN POINTE R S D R CRESCENT VALLEY DR CEDAR HOLLOW DRSTONE HOLLOW CTRIVERHILL DRWATERWOOD DRPRESTON RDMD17-0008 ±0 230 460 690115Feet Item 7 Ordinance No. 17-58, Page 4 Item 7 Ordinance No. 17-58, Page 5Item 7 Item 7 EXHIBIT B-1 15' SETBACK FROM PROPERTY LINE Item 7 Ordinance No. 17-58, Page 7 Item 7 EXHIBIT C-1 Item 7 A) Maximum height allowed by Ordinance: 5', requested 6'3" B) Maximum height allowed by Ordinance: 5', requested 6'3" Maximum length allowed by Ordinance: 14.23', requested 15'0 3/4" E) Maximum height allowed by Ordinance for tenant of one floor: 3', requested 3'9 1/2" F & G) Minimum spacing between F & G per Ordinance: 14'3"+, requested 10'6" EXHIBIT C-2 Item 7 C) Maximum height allowed by Ordinance: 5', requested 6'3" EXHIBIT C-3 Item 7 A & C) Maximum height allowed by Ordinance: 5', requested 6'3" B) Maximum height allowed by Ordinance: 5', requested 6'3" Maximum length allowed by Ordinance: 14.23', requested 15'0 3/4" EXHIBIT C-4 Item 7 E) Maximum height allowed by Ordinance for tenant of one floor: 3', requested 3'9 1/2" EXHIBIT C-5 Item 7 F & G) Minimum spacing between F & G per Ordinance: 14'3"+, requested 10'6" EXHIBIT C-6 Item 7 EXHIBIT C-7 Item 7 Exhibit D Sign Schedule / Development Standards for Prosper Town Center Unified Development Signs UDS-2 Shall be permitted to be located less than 750’ of UDS-3 and CW -1, in accordance with Exhibit B. UDS-3 Shall be permitted to be located less than 750’ of UDS-2 and CW -1, in accordance with Exhibit B. UDS-5 Shall be permitted to be located less than 750’ of CW -1 and UDS-6, in accordance with Exhibit B. UDS-6 Shall be permitted to be located less than 750’ of UDS-5 and is less than the required 75’ from EM-2, in accordance with Exhibit B. Curved wall signs and existing signs shall be permitted to encroach into setback requirements, in accordance with Exhibit B. Minimum curved wall sign setback is 5’ minimum. UDS-3 shall be permitted a maximum area of 135 sq. ft, in accordance with Exhibit C. UDS-5 shall be permitted a maximum area of 185 sq. ft, in accordance with Exhibit C. CW -1 and CW -2 shall be permitted a maximum area of 175 sq. ft. UDS-3, UDS-5, CW -1, and CW -2 – sign text shall be permitted to be less than 6” from top of sign and less than 12” from bottom of sign. All signage shall be permitted to have sign text less than 6” from the sides of the signs. Monument sign PM-1 shall be permitted on a lot without street frontage, in accordance with Exhibit C. Only one monument shall be along E. First Street. Location to be determined. Only one monument shall be along Hays Street. Location to be determined. Wall Signs Signs A, B, and C, as shown on Exhibit C, shall be permitted a maximum height of 6’, 3”. Sign B, as shown on Exhibit C, shall be permitted a maximum length of 15’, 0.75”. Sign E, as shown on Exhibit C, shall be permitted a maximum length of 3’, 9.5”. Signs F and G, as shown on Exhibit C, shall be permitted a minimum separation of 10’, 6”. Item 7 TOWN OF PROSPER, TEXAS ORDINANCE NO. 18-__ AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, ADOPTING AND APPROVING A SPECIAL PURPOSE SIGN DISTRICT, PURSUANT TO SECTION 3.14.012 OF THE TOWN’S CODE OF ORDINANCES, AS AMENDED, FOR 44.615 ACRES OF LAND, MORE OR LESS, COMMONLY KNOWN AS PROSPER TOWN CENTER; MAKING FINDINGS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, Section 3.14.012 of the Town’s Code of Ordinances, as amended, provides for the approval by the Town Council of the Town of Prosper, Texas (the “Town Council”), of a special district that exclusively addresses sign regulations; and WHEREAS, the special district, if approved by the Town Council, is designated a Special Purpose Sign District (“SPSD”), and in general, the purposes of an SPSD are to (1) promote consistency among signs within a development, thus creating visual harmony between signs, buildings, and other components of the property; (2) enhance the compatibility of signs with the architectural and site design features within a development; (3) encourage signage that is in character with planned and existing uses, thus creating a unique sense of place; and (4) encourage multi-tenant commercial uses to develop a unique set of sign regulations in conjunction with development standards; and WHEREAS, an application has been submitted to the Town for a SPSD for 44.615 acres of land, more or less (“the Property”), commonly known as Prosper Town Center, generally located on the northeast corner of First Street and Preston Road in the Town; and WHEREAS, all legal notices required for the creation of the proposed SPSD have been given in the manner and form set forth by law, and public hearings have been held on the proposed SPSD and all other requirements of notice and completion of such SPSD procedures have been fulfilled; and WHEREAS, the Town Council has further investigated and determined that it will be advantageous and beneficial to Prosper and its inhabitants to adopt a SPSD on the aforementioned property, subject to the terms and conditions as set forth herein. 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 There is hereby created and approved a Special Purpose Sign District on the Property. All signage on the Property, more particularly described in Exhibit A, attached hereto and incorporated herein for all purposes as if set forth verbatim, shall be subject to the Sign Item 7 Ordinance No. 18- Page 2 Coordination Plan, attached hereto as Exhibit B and incorporated by reference, the detailed elevations, attached hereto as Exhibit C and incorporated by reference, and the Sign Schedule, attached hereto as Exhibit D and incorporated by reference. Any signage not specifically addressed in the attachments to this Special Purpose Sign District Ordinance shall comply with the Town’s Sign Ordinance, contained in Article 3.14, “Signs,” of Chapter 3, “Building Regulations,” of the Town’s Code of Ordinances, as amended. SECTION 3 No developer or property owner shall acquire any vested interest in this Ordinance or in any other specific regulations contained herein. Any portion of this Ordinance may be repealed by the Town Council in the manner provided for by law. SECTION 4 It shall be unlawful for any person, firm or corporation to make use of said premises in some manner other than as authorized by this Ordinance, and shall be unlawful for any person, firm or corporation to construct on said premises any signage that is not in conformity with this Ordinance. 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 fined any sum not exceeding Five Hundred ($500.00). Each continuing day’s violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude the Town from filing suit to enjoin the violation. The Town retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6 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. 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 or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 7 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 appeal prevent a prosecution from being commenced for any violation if occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8 This Ordinance shall become effective from and after its adoption and publication as required by law. Item 7 Ordinance No. 18- Page 3 DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 9th DAY OF JANUARY, 2018. ___________________________________ Ray Smith, Mayor ATTEST: ___________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: ___________________________________ Terrence S. Welch, Town Attorney Item 7 Mike Daugherty PO Box 1266 Prosper, TX 75078 972.672.7984 December 27, 2017 Mr. Harlan Jefferson Prosper City Manager 121 West Broadway Prosper, TX 75078 RE: Special Signage Request DPG Office Project / “FUSE Building” 130 Nor Preston Road in Prosper Town Center Dear Mr. Jefferson Please accept this waiver request letter for the attached planned signage for our multi-tenant professional office building (FUSE Building). The signage on the attached proposal will allow us to finalize the main building sign (FUSE signage) and identify the allowable signage for up to three additional tenants. The attached shows the finalized FUSE signage and three conceptual signs to determine size and scale. By approving this request, we will not need to return to council for each individual tenant in the future. Because the FUSE building is set back approximately 620 feet from Preston Road & approximately 950 feet off First Street, slightly larger signage is required by potential tenants. Allowing signs based on the size and placement shown on the attached will enable visibility for the tenants. Specific Variance Requests: 1. Signs A, B & C “FUSE Signs”: Request to extend the height allowed for these signs from 5’ to 6’ 3”. The purpose of this request because this is the main tenant of the office building and the additional height will make it more visible from a distance. 2. Sign B “FUSE Sign” West Side: Request to extend allowable length from 14.23’ to 15’0 ¾”. This will allow the main tenant signs to match on the SW Corner. This is the only sign on this side of the building. 3. Sign E: Request to allow extend maximum height for this sign from 3’ to 3’ 9” tall. 4. Sign F&G: Request to allow space between signs of 10’6” versus current requirement of 14’3”. The FUSE Building is approximately 40,000 square feet and the exterior façade has 25,132 square feet (façade area) and the total square footage of the all signage requested is 446 square feet, which equals 1.77% of the total façade. Sincerely, Mike Daugherty CEO DPG Partners LLC Item 7 Item 7 Page 1 of 3 To: Mayor and Town Council From: Kelly Neal, Finance Director Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – January 9, 2018 Agenda Item: Consider and act upon two ordinances and two resolutions, as follows: (1) an ordinance creating a Crime Control and Prevention District; (2) an ordinance creating a Fire Control, Prevention, and Emergency Medical Services District, with both districts funded by the elimination of the 0.50% sales and use tax for property tax relief and the reallocation of such sales and use tax by 0.25% to each specified district; (3) a resolution appointing the current Special Purpose District Committee members as the temporary board of directors for the Crime Control and Prevention District; and (4) a resolution appointing the current Special Purpose District Committee members as the temporary board of directors for the Fire Control, Prevention, and Emergency Medical Services District. Description of Agenda Item: Over the last month, Town staff has met with the Special Purpose District Committee and presented the history of the creation of the 0.50% sales tax use for property tax relief, comparison with various surrounding communities in the Collin and Denton Counties area, the various Special Purpose Districts authorized by the Local Government Code and other state statutes, and the current structure along with projected sales tax revenue for the Town’s and EDC’s sales tax uses. A consultant provided an analysis of estimates of annual sales taxes that may be collected in Prosper, along with the demographics of consumers. Based on the consultant’s research, an estimated 36.3% of taxable sales in the Town were made by Prosper residents, and non-residents made 63.7%. The Committee members were presented the following types of districts with the operations of the various areas, the pros and cons for such districts, and ballot language for each. Crime Control and Prevention District Fire Control, Prevention, and Emergency Medical Services (EMS) District Library Sales and Use Tax District Street Maintenance Sales and Use Tax District Type B Economic Development Sales and Use Tax District Sports and Community Venue Sales and Use Tax District After review, the Committee members voted unanimously to recommend to Council to propose the elimination of the current 0.50% sales and use tax used for property tax relief and establish Crime and Fire Control Districts to be supported by a 0.25% dedicated sales and use tax revenue stream for each. In order to establish such districts, the Local Government Code requires that the governing body appoint seven persons to serve as temporary directors of each district. The temporary board Prosper is a place where everyone matters. FINANCE DEPARTMENT Item 8 Page 2 of 3 must elect one of its members as presiding officer, and the board may ca ll and hold a confirmation election only after the board adopts a service plan and a budget plan for the district. Such plans outlined within the Local Government Code require a two-year plan identifying strategies to be supported by the district and a method of evaluating the effectiveness and efficiency of such strategies each year. A two-year budget plan is also required and must include the following: • Amount of funds to be budgeted to each district • Amount of expenditures to be budgeted for each district along with identifying the percentage of the total budget for administration • Subsequent year money available to the district from all sources • Account balances expected at the end of the years for which the budget is prepared • Estimated tax rate that will be required to support the budget A timeline of the required milestones the temporary board must complete is attached. A call for an election must be done on or before February 13, 2018, along with various notices outlined in the timeline. An election called for this purpose would be held on May 5, 2018. The Town staff brought this item to Council on December 12, 2017, for review in order to hear from the Committee members regarding their work and recommendations. The Committee is proposing the creation of such special purpose districts and appointing a seven-member temporary board for each district, as required by Chapter 344 of the Local Government Code (Fire Control, Prevention, and Emergency Medical Services District) and Chapter 363 of the Local Government Code (Crime Control and Prevention District). Budget Impact: The creation of such district will shift the 0.50% of collected sales and use tax revenue and expenditure from the General Fund to a Special Revenue Fund to support the budget plan approved by the temporary boards with a successful election. Based on proposed budget projections for the current fiscal year budget, the projections are $2,055,278. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed and approved the ordinances and resolutions as to form and legality. Attached Documents: 1. Ordinance creating Crime Control and Prevention District 2. Ordinance creating Fire Control, Prevention and EMS District 3. Resolution appointing the Temporary Board of Directors to the Crime Control and Prevention District 4. Resolution appointing the Temporary Board of Directors to the Fire Control, Prevention and EMS District 5. Timeline for Temporary Board milestones Town Staff Recommendation: Town staff recommends approval of the Ordinances creating two special purpose districts: Crime Control and Prevention District and a Fire Control, Prevention, and Emergency Medical Services District with both districts funded by the elimination of the 0.50% sales and use tax for property tax relief; reallocate such sales and use tax by 0.25% to each specified district; and Resolutions appointing the current Special Purpose District Committee members as the temporary board. Recommended Motion: I move to approve two ordinances and two resolutions, as follows: (1) an ordinance creating a Crime Control and Prevention District; (2) an ordinance creating a Fire Control, Prevention, and Emergency Medical Services District, with both districts funded by the elimination of the 0.50% Item 8 Page 3 of 3 sales and use tax for property tax relief and the reallocation of such sales and use tax by 0.25% to each specified district; (3) a resolution appointing the current Special Purpose District Committee members as the temporary board of directors for the Crime Control and Prevention District; and (4) a resolution appointing the current Special Purpose District Committee members as the temporary board of directors for the Fire Control, Prevention, and Emergency Medical Services District. Item 8 TOWN OF PROSPER, TEXAS ORDINANCE NO. 18-__ AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, PROPOSING THE CREATION OF THE PROSPER CRIME CONTROL AND PREVENTION DISTRICT; MAKING FINDINGS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 363 of the Texas Local Government Code, as amended, known as the Crime Control and Prevention District Act, authorizes the Town of Prosper, Texas, to create a crime control and prevention district, and to levy a sales and use tax for financing thereof; and WHEREAS, Section 363.053 of the Texas Local Government Code requires the proposed sales and use tax to be approved by a majority of the qualified voters of the Town voting at a sales and use tax election called and held for that purpose; and WHEREAS, Section 363.051 of the Texas Local Government Code provides that the creation of a crime control and prevention district may be proposed by a majority vote of the Town Council of the Town of Prosper, Texas; and WHEREAS, the first step in creating a Crime Control and Prevention District is the adoption of an ordinance by the Town Council proposing the District and establishing its boundaries. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 All of the above premises are hereby found to be true and correct legislative and factual findings of the Town of Prosper and they are hereby approved and incorporated into the body of this Ordinance as if copied in their entirety. SECTION 2 The Town Council of the Town of Prosper, Texas, does hereby propose the creation of the Prosper Crime Control and Prevention District (“District”), in accordance with Chapter 363 of the Texas Local Government Code, as amended. SECTION 3 The boundaries of the proposed District shall correspond to the boundaries of the Town of Prosper, Texas. SECTION 4 The proposed District shall have all powers, authority, jurisdiction and obligations prescribed by the Crime Control and Prevention District Act, including but not limited to the power to levy a sales and use tax authorized pursuant to Section 363.055 of the Texas Local Government Code and Section 323.105 of the Texas Tax Code. Item 8 Ordinance No. 18-__, Page 2 SECTION 5 In accordance with Chapter 363 of the Texas Local Government Code, as amended, creation of the Prosper Crime Control and Prevention District shall occur only after approval by a majority of the qualified voters of the Town voting at a sales and use tax election ordered by the Crime Control and Prevention District’s temporary board of directors. SECTION 6 If upon the fifth (5th) anniversary date of the passage of this Ordinance, the Prosper Crime Control and Prevention District has not been created, then upon said date the temporary board of directors shall be dissolved in accordance with Section 363.060 of the Texas Local Government Code. SECTION 7 This Ordinance shall take effect immediately upon passage. PASSED AND APPROVED by the Town Council of the Town of Prosper, Texas, on this the 9th day of January, 2018. APPROVED: ___________________________________ Ray Smith, Mayor ATTEST: _______________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM: _______________________________ Terrence S. Welch, Town Attorney Item 8 TOWN OF PROSPER, TEXAS ORDINANCE NO. 18-__ AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, PROPOSING THE CREATION OF THE PROSPER FIRE CONTROL, PREVENTION, EMERGENCY MEDICAL SERVICES DISTRICT; MAKING FINDINGS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 363 of the Texas Local Government Code, as amended, known as the Fire Control, Prevention, Emergency Medical Services District Act, authorizes the Town of Prosper, Texas, to create a Fire Control, Prevention, Emergency Medical Services District, and to levy a sales and use tax for financing thereof; and WHEREAS, Section 363.053 of the Texas Local Government Code requires the proposed sales and use tax to be approved by a majority of the qualified voters of the Town voting at a sales and use tax election called and held for that purpose; and WHEREAS, Section 363.051 of the Texas Local Government Code provides that the creation of a Fire Control, Prevention, Emergency Medical Services District may be proposed by a majority vote of the Town Council of the Town of Prosper, Texas; and WHEREAS, the first step in creating a Fire Control, Prevention, Emergency Medical Services District is the adoption of an ordinance by the Town Council proposing ssid District and establishing its boundaries. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 All of the above premises are hereby found to be true and correct legislative and factual findings of the Town of Prosper and they are hereby approved and incorporated into the body of this Ordinance as if copied in their entirety. SECTION 2 The Town Council of the Town of Prosper, Texas, does hereby propose the creation of the Prosper Fire Control, Prevention, Emergency Medical Services District, in accordance with Chapter 363 of the Texas Local Government Code, as amended. SECTION 3 The boundaries of the proposed District shall correspond to the boundaries of the Town of Prosper, Texas. SECTION 4 The proposed District shall have all powers, authority, jurisdiction and obligations prescribed by the Fire Control, Prevention, Emergency Medical Services District Act, including but not limited to the power to levy a sales and use tax authorized pursuant to Section 363.055 of the Texas Local Government Code and Section 323.105 of the Texas Tax Code. Item 8 Ordinance No. 18-__, Page 2 SECTION 5 In accordance with Chapter 363 of the Texas Local Government Code, as amended, creation of the Prosper Fire Control, Prevention, Emergency Medical Services District shall occur only after approval by a majority of the qualified voters of the Town voting at a sales and use tax election ordered by the Fire Control, Prevention, Emergency Medical Services District’s temporary board of directors. SECTION 6 If upon the fifth (5th) anniversary date of the passage of this Ordinance the Prosper Fire Control, Prevention, Emergency Medical Services District has not been created, then upon said date the temporary board of directors shall be dissolved in accordance with Section 363.060 of the Texas Local Government Code. SECTION 7 This Ordinance shall take effect immediately upon passage. PASSED AND APPROVED by the Town Council of the Town of Prosper, Texas, on this the 9th day of January, 2018. APPROVED: ___________________________________ Ray Smith, Mayor ATTEST: _______________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM: _______________________________ Terrence S. Welch, Town Attorney Item 8 TOWN OF PROSPER, TEXAS RESOLUTION NO. 18-__ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, APPOINTING THE TEMPORARY BOARD OF DIRECTORS TO THE PROSPER CRIME CONTROL AND PREVENTION DISTRICT; MAKING FINDINGS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 363 of the Texas Local Government Code, as amended, known as the Crime Control and Prevention District Act, authorizes the Town of Prosper, Texas, to create a crime control and prevention district, and to levy a sales and use tax for the financing thereof; and WHEREAS, Section 363.053 of the Texas Local Government Code requires the proposed sales and use tax to be approved by a majority of the qualified voters of the Town voting at a sales and use tax election called and held for that purpose; and WHEREAS, on January 9, 2018, the Town Council of the Town of Prosper, Texas, approved an ordinance proposing the creation of the Prosper Crime Control and Prevention District; and WHEREAS, Section 363.052(a) of the Texas Local Government Code provides that not later than the 60th day after the date a district is proposed to be created by the Town Council, the Town Council shall appoint seven (7) persons who reside in the proposed district to serve as temporary directors of the Prosper Crime Control and Prevention District; and WHEREAS, Section 363.061(a) of the Texas Local Government Code provides that the temporary board of the proposed Prosper Crime Control and Prevention District shall formulate and approve a two-year crime control plan and a two-year budget plan; and WHEREAS, Section 363.054(a) of the Texas Local Government Code provides that after the temporary board has approved a budget plan and crime control plan, a majority of the temporary board of directors may order an election for the purpose of allowing the eligible voters of the Town of Prosper, Texas, to vote “for” or “against” the creation of the Prosper Crime Control and Prevention District, and the imposition of a sales and use tax to finance the District; and WHEREAS, the Town Council of the Town of Prosper, Texas, through this Resolution, appoints the members of the Temporary Board of Directors and also expresses its desire for the Temporary Board to develop a crime control plan and budget plan that reflect the priorities of the Town Council and the citizens of the Town of Prosper, Texas. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 All of the above premises are hereby found to be true and correct legislative and factual findings of the Town of Prosper and they are hereby approved and incorporated into the body of this Resolution as if copied in their entirety. Item 8 Resolution No. 18-__, Page 2 SECTION 2 Pursuant to Section 363.052(a) of the Texas Local Government Code, the Town Council of the Town of Prosper, Texas, does hereby appoint the following persons, who reside within the proposed district, which is comprised of the Town of Prosper town limits, to serve as temporary directors of the Prosper Crime Control and Prevention District: 1. Curry Vogelsang, Jr. 2. David Bristol 3. Bob Goldman 4. Chris Kern 5. Irene Peterson 6. Sarah Peterson 7. Ken Seguin SECTION 3 The Temporary Board of Directors of the proposed Prosper Crime Control and Prevention District shall elect one of the directors as presiding officer of the Board not later than the 15th day after the date of passage of this Resolution in accordance with Section 363.052(b) of the Texas Local Government Code. SECTION 4 This Resolution shall take effect immediately upon passage. PASSED, APPROVED AND ADOPTED this 9th day of January, 2018. APPROVED: ___________________________________ Ray Smith, Mayor ATTEST: _______________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM: _______________________________ Terrence S. Welch, Town Attorney Item 8 TOWN OF PROSPER, TEXAS RESOLUTION NO. 18-__ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, APPOINTING THE TEMPORARY BOARD OF DIRECTORS TO THE PROSPER FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES DISTRICT; MAKING FINDINGS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 344 of the Texas Local Government Code, as amended, known as the Fire Control, Prevention, and Emergency Medical Services District Act, authorizes the Town of Prosper, Texas, to create a fire control, prevention, and emergency medical services district, and to levy a sales and use tax for the financing thereof; and WHEREAS, Section 344.053 of the Texas Local Government Code requires the proposed sales and use tax to be approved by a majority of the qualified voters of the Town voting at a sales and use tax election called and held for that purpose; and WHEREAS, on January 9, 2018, the Town Council of the Town of Prosper, Texas, approved an ordinance proposing the creation of the Prosper Fire Control, Prevention, and Emergency Medical Services District; and WHEREAS, Section 344.052(a) of the Texas Local Government Code provides that not later than the 60th day after the date a district is proposed to be created by the Town Council, the Town Council shall appoint seven (7) persons that reside in the proposed district to serve as temporary directors of the Prosper Fire Control, Prevention, and Emergency Medical Services District; and WHEREAS, Section 344.061(a) of the Texas Local Government Code provides that the temporary board of the proposed Prosper Fire Control, Prevention, and Emergency Medical Services District shall formulate and approve a two-year crime control plan and a two-year budget plan; and WHEREAS, Section 344.054(a) of the Texas Local Government Code provides that after the temporary board has approved a budget plan and fire control plan, a majority of the temporary board of directors may order an election for the purpose of allowing the eligible voters of the Town of Prosper, Texas, to vote “for” or “against” the creation of the Prosper Fire Control, Prevention, and Emergency Medical Services District, and the imposition of a sales and use tax to finance the District; and WHEREAS, the Town Council of the Town of Prosper, Texas, through this Resolution, appoints the members of the Temporary Board of Directors and also expresses its desire for the Temporary Board to develop a fire control plan and budget plan that reflect the priorities of the Town Council, and the citizens of the Town of Prosper, Texas. Item 8 Resolution No. 18-__, Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 All of the above premises are hereby found to be true and correct legislative and factual findings of the Town of Prosper and they are hereby approved and incorporated into the body of this Resolution as if copied in their entirety. SECTION 2 Pursuant to Section 344.052(a) of the Texas Local Government Code, the Town Council of the Town of Prosper, Texas, does hereby appoint the following persons, who reside within the proposed district, which is comprised of the Town of Prosper town limits, to serve as temporary directors of the Prosper Fire Control, Prevention, and Emergency Medical Services District: 1. Curry Vogelsang, Jr. 2. David Bristol 3. Bob Goldman 4. Chris Kern 5. Irene Peterson 6. Sarah Peterson 7. Ken Seguin SECTION 3 The Temporary Board of Directors of the proposed Prosper Fire Control, Prevention, and Emergency Medical Services District shall elect one of the directors as presiding officer of the Board not later than the 15th day after the date of passage of this Resolution in accordance with Section 363.052(b) of the Texas Local Government Code. SECTION 4 This Resolution shall take effect immediately upon passage. Item 8 Resolution No. 18-__, Page 3 PASSED, APPROVED AND ADOPTED this 9th day of January, 2018. APPROVED: ___________________________________ Ray Smith, Mayor ATTEST: _______________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM: _______________________________ Terrence S. Welch, Town Attorney Item 8 G:\Packets\2018 TC Agenda Packets\20180109\8 SPD Temp Board appointment\Election Timelines Tuesday Tuesday Tuesday Tuesday Monday Monday Monday Monday Tuesday Saturday 12/12/17 01/09/18 01/09/18 01/16/18 01/22/18 01/22/18 01/29/18 02/05/18 02/13/18 before 4/1/2018 One week after 1st notice 05/05/18 5/7/2018 thru 5/18/2018 Council Meeting Council Meeting Council Meeting Temporary Board(s) Meeting Temporary Board(s) Public Hearings Temporary Board(s) Meeting Temporary Board(s) Meeting Temporary Board(s) Meeting Fire Control District - Temporary Board Tasks (A) The temporary board shall developed and adopt a two-year fire control, prevention, and emergency medical services plan and a two-year budget plan. The plan must include: (1) a detailed list of the fire control, prevention, and emergency medical services strategies to be supported by the district; and (2) the method of evaluating each year the effectiveness and efficiency of individual fire control, prevention, and emergency medical services strategies. (A) The budget plan must include: (1) the amount of money budgeted by the district for each fire control, prevention, and emergency medical services strategy; (2) the amount of money budgeted by the district and the percentage of the total budget of the district for administration that would be conducted by private or public entities; (3) the estimated amount of money available to the district from all sources during the subsequent year; (4) the account balances expected at the end of the years for which the budget is prepared; and (5) the estimated tax rate that will be required to support the budget. (B) Election Order The temporary board may call and hold a confirmation election after the board adopts plans. An order calling an election must state: (1) the nature of the election, including the proposition that is to appear on the ballot; (2) the date of the election; (3) the hours during which the polls will be open; (4) the location of the polling places; (5) a summary of the proposed district's budget plan and fire control, prevention, and emergency medical services plan; and (6) the proposed rate of the sales and use tax for the district. Crime Control District - Temporary Board Tasks (A) The temporary board of a proposed district shall formulate and approve a two-year crime control plan and a two-year budget plan. The crime control plan must include: (1) a detailed list of the crime control and crime prevention strategies to be supported by the district; and (2) the method of annually evaluating the effectiveness and efficiency of individual crime control and crime prevention strategies. (A) The budget plan must include: (1) the amount of money budgeted by the district for each crime control and crime prevention strategy; (2) the amount of money budgeted by the district and the percentage of the total budget of the district for administration that would be conducted by the district and the cost of administration that would be conducted by private or public entities; (3) the estimated amount of money available to the district from all sources during the ensuing year; (4) the amount of balances expected at the end of the years for which the budget is prepared; and (5) the estimated tax rate that will be required. (B) Election Order A majority of the temporary directors may order that a creation election be held after the board adopts plans. An order calling an election must state: (1) the nature of the election, including the proposition that is to appear on the ballot; (2) the date of the election; (3) the hours during which the polls will be open; (4) the location of the polling places; (5) in summary form, the approved budget plan and crime control plan of the proposed district; and (6) the proposed rate of the sales and use tax for the district. Town of Prosper Sales Tax Elections Timeline Speical Purpose District Committee makes recommendations to the Town Council Town Council receives public input and holds discussion on recommendations Town Council considers appointment of 7 member temporary board(s) for the Crime Control District and Fire Control District Temporary directors of the districts review proposed Crime Control District budget and Fire Control District budget (A)-Plans Temporary Board(s) hold Public Hearings on proposed Crime Control District budget and Fire Control District budget (A)-Plans Temporary Board(s) considers adoption of budgets Temporary Board(s) considers ordinances calling elections for Crime Control District Sales Tax and Fire Control District Sales Tax (B)-Election Order 1st Notice of Sales Tax Elections must be published before the 35th day before the date set for the election 2nd Notice of Sales Tax Elections must be published (Notice required once a week for two consecutive Election Day Temporary Board meets to Canvass Election Returns Deadline to order an election for the 5/5/2018 uniform election date Send preclearance letters to Justice Department (DOJ recommends 75 days before election day) Item 8 Page 1 of 2 To: Mayor and Town Council From: Alex Glushko, AICP, Planning Manager Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – January 9, 2018 Agenda Item: Consider and act upon a Site Plan, Landscape Plan, and Façade Plan for a retail building in Shops at Prosper Trail, on 2.7± acres, located on the southeast corner of Preston Road and St. Peter Lane. The property is zoned Planned Development-68-Retail (PD-68-R). (D17-0070) Background: Typically, Site Plans are approved by the Planning & Zoning Commission, while the Landscape Plans and Façade Plans are approved by staff; however, per PD-68, Site Plans, Landscape Plans, and Façade Plans for outparcel buildings within the Shops at Prosper Trail development shall be approved by the Planning & Zoning Commission and Town Council. Description of Agenda Item: The Site Plan shows one 10,940 square-foot retail building on Lot 9 of Shops at Prosper Trail. Access is provided from St. Peter Lane and through cross-access within the Shops at Prosper Trail development. Adequate parking has been provided. The Landscape Plan shows the required perimeter and interior landscaping. The Façade Plan shows the building, which is constructed to match the architectural materials and style within the development. The Site Plan, Landscape Plan, and Façade Plan conform to the PD-68 development standards. Attached Documents: 1.Location Map 2.Site Plan 3.Landscape Plan 4.Façade Plan Planning & Zoning Commission Recommendation: At their January 2, 2018 meeting, the Planning & Zoning Commission recommended the Town Council approve the request, by a vote of 7-0, subject to: 1.Town staff and/or Council approval of civil engineering, irrigation plans, open space plans, façade and address plans. 2.Town staff approval of all fire hydrants, fire department connections (FDC) and fire lanes, including widths, radii, and location. Prosper is a place where everyone matters. PLANNING Item 9 Page 2 of 2 Town Staff Recommendation: Town staff recommends approval of the Site Plan, Landscape Plan, and Façade Plan, subject to: 1. Town staff approval of civil engineering, irrigation plans, open space plans, and address plans. 2. Town staff approval of all fire hydrants, fire department connections (FDC) and fire lanes, including widths, radii, and location. Proposed Motion: I move to approve the Site Plan, Landscape Plan, and Façade Plan for a retail building in Shops at Prosper Trail, on 2.7± acres, located on the southeast corner of Preston Road and St. Peter Lane, subject to: 1. Town staff approval of civil engineering, irrigation plans, open space plans, and address plans. 2. Town staff approval of all fire hydrants, fire department connections (FDC) and fire lanes, including widths, radii, and location. Item 9 PRESTON RDPROSPER TRL CHANDLER CIRCLIPSTON DRCIRCLE J TRL PACKSADDLE TRL VISTA RUN DRWATERTON DRST. PETER LN DOUBLE B TRL COPPER PTSADDLE CREEK DRCONCHO TRLPARADA PLPROSPER LAKE DR ST. PETER LN D17-0070 ±0 180 360 54090Feet Item 9 S 88°35'50" E (300.15')S 03°18'23" W 342.04'S 02°28'21" W (51.57')N 02°33'47" E (53.34')GRAVE L S U R F A C E GRAVEL SURFACE CIRS CIRS MAG NAIL FOUND 1/2" CIRF "RPLS 5310" CIRS "X CUT" FOUND MAG NAIL FOUND 1/2" CIRF "MAI" WATER EASEMENT DOC No. 20160324010001180 P.R.C.C.T. FIRELANE & ACCESS EASEMENT DOC No. 20160324010001180 P.R.C.C.T. FIRELANE & ACCESS EASEMENT DOC No. 20160324010001180 P.R.C.C.T.(N 02°32'40" E)OPEN SPACE EASEMENT DOC No. 20160324010001180 P.R.C.C.T. (S 88°36'57" E)(N 03°10'03" E)ONCOR EASEMENT DOC No. 20151015001299550 & DOC No. 20150625000771440 R.P.R.C.C.T.(S 02°32'40" W)(S 03°10'03" W 341.23')(N 88°36'57" W 300.00')DRINAGE EASEMENT DOC No. 20160324010001180 P.R.C.C.T. ONCOR EASEMENT DOC No. 20151015001299550 R.P.R.C.C.T.739737738738735 10' WALL MAINTENANCE EASEMENT DOC No. 20140826000915790 R.P.R.C.C.T.735734738 735 WATER EASEMENT DOC No. 20160324010001180 P.R.C.C.T. 737 738739739 736 73 7737738 739738740 741740740 7 3 9 741739THE SHOPS AT PROSPER TRAIL DOC. No. 2016032401001180 P.R.D.C.T. LOT 9 BLOCK A 742COLLIN COUNTY SCHOOL LAND SURVEY, BLOCK 13, ABSTRACT NO 172 744739741742737STATE HIGHWAY 289CONCRETE SURFACEVARIABLE WIDTH PER PLATCADG PROSPER 29, LLC DOC. No. 20150414000414510 P.R.D.C.T.739734 736737738736 740737 738 738740 737735 739737736 7 4 1 7 3 9737 7387367407397417437 4 0743740 CADG PROSPER 29, LLC DOC. No. 20150414000414510 P.R.D.C.T.740740STEEL PLATE740 74 1 740N 03°11'10" E (333.52')N 87°18'39" W 299.36' THE SHOPS AT PROSPER TRAIL DOC. No. 2016032401001180 P.R.D.C.T. LOT 8 BLOCK A ST. PETER LANE CONCRETE SURFACE VARIABLE WIDTH OF R.O.W. HOA 2X, BLOCK A THE MONTCLAIR DOC# 2017-776 P.R.C.C.T. PROP. RETAIL BUILDING 10,940 SF FFE = 740.5018'24'24' 9'30'9' 9'9'9'R20'R30'R30'14' 18'R30'18'18'27'14'9'9'9'9'9' 5' 24' 14.14' 30' 30'R2 0 '2'15'R12'17.6'R1 5 ' 15'15'1.5'1.5'7.5'11.31'9.33' 9.67'6'58.84'179.24'64.51'24'146.16'65.4' 15'20'20'24'33.8'24'R12' R30' R15' 12.5' 10.5' TYP. TYP. TYP.TYP.TYP.PROP. TRASH ENCLOSURE W/ BRICK VENEER TO MATCH BUILDING EXIST. SIDEWALK PROP. JUNCTION BOX EXIST. FIRE HYDRANT EXIST. FIRE HYDRANT PROP. BFR PROP. BFR PROP. BFR PROP. ADA RAMP PROP. 5' CURB INLET PROP. 5' CURB INLET PROP. BFR EXIST. SANITARY SEWER MANHOLE EXIST. SANITARY SEWER MANHOLE PROP. 1' WIDE TRENCH DRAIN PROP. TEMPORARY PARKING SPACE PROP. RETAINING WALL EXIST. PAD MOUNTED ELECTRIC TRANSFOMER EXIST. FOUNTAIN REMAIN 30' LANDSCAPE ESMT. EXIST. PATIO TO REMAIN 2' OVER HANG 15' LANDSCAPE ESMT. 15' LANDSCAPE LANDSCAPE ESMT.FIRE LANE,ACCESS,& UTILITYESMT.15' WATER ESMT. BY PLAT WATER ESMT. BY PLAT PROP. FHEX. BERM EXIST. ICV'S TO REMAIN (TYP.) EXIST. LIGHT POLES TO REMAIN (TYP.) EXIST. ICV'S TO REMAIN AND MATCHED WITH PROP. GRADES (TYP.) PROP. ACCESS ESMT. BY SEPARATE INSTRUMENT PROP. SIDEWALK ESMT. BY SEPARATE INSTRUMENT PROP. FDC PROP. LOADING ZONE 5'16.42'24.67'R15' R15' R 5 ' R5' PROP. RETAINING WALL 10' LEGEND EX. STORM LINE EX. SEWER LINE EX. WATER LINE EX. FIRE HYDRANT PROPOSED FIRE HYDRANT PROPOSED SEWER LINE PROPOSED WATER LINE PROPOSED STORM DRAIN PROPOSED HEAVY DUTY CONCRETE PAVEMENT TOWN OF PROSPER SITE PLAN GENERAL NOTES: 1. DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 2. OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 3. OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE AND SUBDIVISION ORDINANCE. 4. LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN. 5. ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE. 6. BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRE SPRINKLED. ALTERNATIVE FIRE PROTECTION MEASURES MAY BE APPROVED BY THE FIRE DEPARTMENT. 7. FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWN STANDARDS OR AS DIRECTED BY THE FIRE DEPARTMENT. 8. TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTY AT ALL TIMES. 9. SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE. 10. HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 11. ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 12. ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE SITE PLAN AND ARE SUBJECT TO BUILDING OFFICIAL APPROVAL. 13. ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDING OFFICIAL APPROVAL AND SHALL CONFORM TO THE APPROVED FAÇADE PLAN. 14.SIDEWALKS OF NOT LESS THAN SIX (6’) FEET IN WIDTH ALONG THOROUGHFARES AND COLLECTORS AND FIVE (5’) IN WIDTH ALONG RESIDENTIAL STREETS, AND BARRIER FREE RAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PER TOWN STANDARDS. 15. APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALL ENGINEERING PLANS ARE APPROVED BY THE ENGINEERING DEPARTMENT. 16. SITE PLAN APPROVAL IS REQUIRED PRIOR TO GRADING RELEASE. 17. ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATED UNDERGROUND. 18. ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE ZONING ORDINANCE. 19. IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS. 20. ALL DIMENSIONS ARE TO FACE OF CURB UNLESS OTHERWISE NOTED. PROPOSED PRIVATE SIDEWALK PROPOSED PUBLIC SIDEWALK PER CITY STANDARDS AND DETAILS 0 GRAPHIC SCALE 1 inch = ft. 30 30 60 30 15 PROPOSED STANDARD DUTY CONCRETE PAVEMENT SITE PLANSP-1 PROPOSED DUMPSTER AREA CONCRETE PAVEMENT WATER METER SCHEDULE ID TYP. SIZE NO. SAN. SEWER DOM.2"1 6" IRR.1"1 N/A2 1 COUNTY SURVEY:ABSTRACT NO. COLLIN COLLIN COUNTY SCHOOL LAND SURVEY 172 CITY:STATE: TOWN OF PROSPER TEXAS LEGAL DESCRIPTION: OWNER: APPLICANT: CLAYMOORE ENGINEERING, INC. 1903 CENTRAL DRIVE, SUITE #406 BEDFORD, TX 76021 PH: 817.281.0572 SURVEYOR: EAGLE SURVEYING, LLC 210 SOUTH ELM STREET, SUITE 104 DENTON, TX 76201 PH: 940.222.3009 MQ DEVELOPMENT PARTNERS 14801 QUORUM DRIVE DALLAS, TEXAS 75254 PH: 214.980.8806 THE SHOPS AT PROSPER TRAIL ADDITION BLOCK A, LOT 9 GROSS: 2.68 ACRES, OR 116,912 SF CONTACT NAME: ROLLAND UPHOFF CONTACT NAME: MATT MOORE CONTACT NAME: DAN RICK SITE PLAN CASE #:D17 - 0070 SHOPS AT PROSPER TRAIL, LOT 9 ENGINEER 1903 CENTRAL DRIVE SUITE #406 BEDFORD, TX 76021 PH. 817.281.0572 FAX 817.281.0574 CONTACT: MATT MOORE, PE EMAIL: MATT@CLAYMOOREENG.COM ARCHITECT LEGACY ARCHITECTURE, LLC 108 S. DIVISION, SUITE 201 GUTHRIE, OKLAHOMA 73044 PH: 214.274.9071 FAX: 405.293.9701 OWNER MQ PROSPER RETAIL, LLC 14801 QUARUM DR., SUITE 160 DALLAS, TEXAS 75254 PH: 972.980.8806 PROJECT BENCHMARK: 1. TMB1: "X CUT " SET ON EXISTING CURB INLET , LOCATED ALONG THE NORTH EASTERLY OF LOT 9 . ELEVATION = 537.20'. 2. TMB2: "X CUT " SET ON EXISTING DROP INLET , LOCATED ALONG THE NORTH OF LOT 9 . ELEVATION = 536.38'. 3. TMB3: "X CUT " SET ON CORNER OF EXISTING CURB INLET , LOCATED ALONG THE NORTH WERT OF LOT 9 . ELEVATION = 535.23'. PROPOSED CONCRETE CURB AND GUTTER FULL-DEPTH SAWCUT: CONNECT TO EXISTING PAVEMENT WITH LONGITUDINAL BUTT JOINT. PROPOSED FIRE LANE FLOODPLAIN NOTE ACCORDING TO MAP NO. 48085C0295J, DATED JUNE 2, 2009 OF THE NATIONAL FLOOD INSURANCE PROGRAM MAP, FLOOD INSURANCE RATE MAP OF DENTON COUNTY, TEXAS, FEDERAL EMERGENCY MANAGEMENT AGENCY, FEDERAL INSURANCE ADMINISTRATION, THIS PROPERTY IS WITHIN ZONE "X" (NON-SHADED) AND IS NOT WITHIN A SPECIAL FLOOD HAZARD AREA. NOTES: 1. PARKING IS PROVIDED FOR RETAIL BUSINESS. ADDITION OF PARKING MUST BE PROVIDED FOR RESTAURANT BUSINESS. 1 SITE VICINITY MAP N.T.S. 2 DATENo.REVISIONBYDATE: SHEET File No. 2017-164 CHECKED: ASD DRAWN:MKT DESIGN:MQ PROSPER RETAILSTATE HIGHWAY 289 (PRESTON ROAD)PROSPER, TEXASTOWN CASE #:D17:0701903 CENTRAL DRIVE, SUITE #406PHONE: 817.281.0572BEDFORD, TX 76021 WWW.CLAYMOOREENG.COMTEXAS REGISTRATION #14199 ASD 12/01/2017 12/01/ 2 0 1 7 Item 9 SO SO LELE CO CO LE CO SO SO DY DY DY DY DY DY IS DY DIH DIH DIH DIH DIH DIH PM PM PM CS CS CS CS CS CO CO CO CO CO CO CO CO CO LP LP LP LP LP LP LP LPLPLPLP DA DA DA DA GL GL GL GL GL GL GL GL GL DIH DIH DIH DIH GL GL GL RO RO BA BA BA BA CS CS CSCS PS PS PS PS PS PS PS PS RS RS RS RS RS RS RS RO RO RO GL IS IS IS IS BA BA BA TX TX TX TX Hydromulch Bermuda Grass Hydromulch Bermuda Grass DIH DIH DIH DIH DIH DIH IS IS RY RY RY Undisturbed Open Space LE LO LO LO LO LO LO LO LO CO CO CO CO Hydromulch Bermuda GrassHydromulch Bermuda Grass Hydromulch Bermuda GrassHydromulch Bermuda Grass GrassGrassLO LO LO LO DY DY DY CS CS CS Existing tree and shrubs on berm to remain Existing tree and shrubs on berm to remain LE 6ƒ : 6ƒ :  1ƒ (  GRAVE L S U R F A C E GRAVEL SURFACE WATER EASEMENT DOC No. 20160324010001180 P.R.C.C.T. FIRELANE & ACCESS EASEMENT DOC No. 20160324010001180 P.R.C.C.T. FIRELANE & ACCESS EASEMENT DOC No. 20160324010001180 P.R.C.C.T. 1ƒ ( OPEN SPACE EASEMENT DOC No. 20160324010001180 P.R.C.C.T. 1ƒ ( ONCOR EASEMENT DOC No. 20151015001299550 & DOC No. 20150625000771440 R.P.R.C.C.T. 6ƒ : 6ƒ : 1ƒ : DRINAGE EASEMENT DOC No. 20160324010001180 P.R.C.C.T.739738735 10' WALL MAINTENANCE EASEMENT DOC No. 20140826000915790 R.P.R.C.C.T.735734738 735 WATER EASEMENT DOC No. 20160324010001180 P.R.C.C.T. 737 738739739736 73 7737738 739738740 741740740 7 3 9 741739THE SHOPS AT PROSPER TRAIL DOC. No. 2016032401001180 P.R.D.C.T. LOT 9 BLOCK A 742COLLIN COUNTY SCHOOL LAND SURVEY, BLOCK 13, ABSTRACT NO 172 744737STATE HIGHWAY 289CONCRETE SURFACEVARIABLE WIDTH PER PLAT739736738736 740737 738740 737735 739737736 7 4 1 7 3 9737 7387367407397417437 4 0740 CADG PROSPER 29, LLC DOC. No. 20150414000414510 P.R.D.C.T. STEEL PLATE740 74 1 7401ƒ (  1ƒ : THE SHOPS AT PROSPER TRAIL DOC. No. 2016032401001180 P.R.D.C.T. LOT 8 BLOCK A HOA 2X, BLOCK A THE MONTCLAIR DOC# 2017-776 P.R.C.C.T.15' LANDSCAPE ESMT. 15' LANDSCAPE LANDSCAPE ESMT. 15' WATER ESMT. BY PLAT WATER ESMT. BY PLAT WATER ESMT. BY PLAT PROP. SIDEWALK AND DRAINAGE ESMT. BY SEPARATE INSTRUMENT COUNTY SURVEY:ABSTRACT NO. COLLIN COLLIN COUNTY SCHOOL LAND SURVEY 172 CITY:STATE: TOWN OF PROSPER TEXAS LEGAL DESCRIPTION: OWNER: APPLICANT: CLAYMOORE ENGINEERING, INC. 1903 CENTRAL DRIVE, SUITE #406 BEDFORD, TX 76021 PH: 817.281.0572 SURVEYOR: EAGLE SURVEYING, LLC 210 SOUTH ELM STREET, SUITE 104 DENTON, TX 76201 PH: 940.222.3009 MQ DEVELOPMENT PARTNERS 14801 QUORUM DRIVE DALLAS, TEXAS 75254 PH: 214.980.8806 THE SHOPS AT PROSPER TRAIL ADDITION BLOCK A, LOT 9 GROSS: 2.68 ACRES, OR 116,912 SF CONTACT NAME: ROLLAND UPHOFF CONTACT NAME: MATT MOORE CONTACT NAME: DAN RICK SITE PLAN CASE #: D17 -0070 DATE: SHEET File No. 2017-164 CHECKED: ASD DRAWN:MKT DESIGN:MQ PROSPER RETAILSTATE HIGHWAY 289 (PRESTON ROAD)PROSPER, TEXASTOWN CASE #: _ _:_ _ _ _1903 CENTRAL DRIVE, SUITE #406PHONE: 817.281.0572BEDFORD, TX 76021WWW.CLAYMOOREENG.COMTEXAS REGISTRATION #14199 MAM 12/11/2017 SHOPS AT PROSPER TRAIL, LOT 9 HLE Lacebark Elm TREE LEGEND Canopy Trees LO Live Oak SO Shumard Oak CO Chinquapin Oak L-1LANDSCAPE PLANSHRUB LEGEND .U HN M OSAJETSTA 3 O F 9 7 ET XR F P YInstall 4" steel edging between all shrub beds and grass areas. Install 4" layer of shredded hardwood mulch to all planting beds. The project will have an undergound automatic irrigation system to water all new plantings. LANDSCAPE NOTES 1. 2. 3. 4.Shrub beds to have 12 inches of prepared planting mix (75% import topsoil, 15% composted amendment, 10% washed sand) 5.Shredded hardwood mulch must contain long strands along with double shred finer material obtained from a local source. 6.Install 4 inches of clean topsoil in all areas of the site disturbed by grading and construction operations. Topsoil shall be free from sticks, debris and rocks larger than 2 inches in diameter and have an organic matter level of 3 percent minimum and a pH range between 5.5 and 7.4 percent. Provide soil test analysis from a soil test laboratory showing soil makeup and organic percentage. 7.Hydromulch all areas disturbed by construction activities. 0 GRAPHIC SCALE 1 inch = ft. 30 15 30 60 30 Dwarf Yaupon Dwarf Abelia Chinese Fringe Shrub Pink Scullcap Red Yucca Rosemary Dwarf Indian Hawthorne Inland Sea Oats DY DA LP PS RY RO DIH IS BarberryBA CO Coreopsis Russian SageRS Texas SageTX Pink MuhlyPM Cherry SageCS Giant LiriopeGL Item 9 COUNTY SURVEY:ABSTRACT NO. COLLIN COLLIN COUNTY SCHOOL LAND SURVEY 172 CITY:STATE: TOWN OF PROSPER TEXAS LEGAL DESCRIPTION: OWNER: APPLICANT: CLAYMOORE ENGINEERING, INC. 1903 CENTRAL DRIVE, SUITE #406 BEDFORD, TX 76021 PH: 817.281.0572 SURVEYOR: EAGLE SURVEYING, LLC 210 SOUTH ELM STREET, SUITE 104 DENTON, TX 76201 PH: 940.222.3009 MQ DEVELOPMENT PARTNERS 14801 QUORUM DRIVE DALLAS, TEXAS 75254 PH: 214.980.8806 THE SHOPS AT PROSPER TRAIL ADDITION BLOCK A, LOT 9 GROSS: 2.68 ACRES, OR 116,912 SF CONTACT NAME: ROLLAND UPHOFF CONTACT NAME: MATT MOORE CONTACT NAME: DAN RICK SITE PLAN CASE #: D17 -0070 DATE: SHEET File No. 2017-164 CHECKED: ASD DRAWN:MKT DESIGN:MQ PROSPER RETAILSTATE HIGHWAY 289 (PRESTON ROAD)PROSPER, TEXASTOWN CASE #: _ _:_ _ _ _1903 CENTRAL DRIVE, SUITE #406 PHONE: 817.281.0572BEDFORD, TX 76021 WWW.CLAYMOOREENG.COMTEXAS REGISTRATION #14199 MAM 12/11/2017 SHOPS AT PROSPER TRAIL, LOT 9 HL-2LANDSCAPE DETAILS.U HN M OSAJETSTA 3 O F 9 7 ET XR F P YSHRUB PLANTING SEE PLAN TRIANGULAR SPACING SCALE: NONE EQUAL STEEL EDGING SEE PLAN PLACING PREPARED MIX SCARIFY BOTTOM OF PLANTING BED BEFORE EQUALPREPARED SOIL MIX AND FERTILIZER (SEE SPECS) 12" 4" MULCH LAYER 4" MULCH LAYER 12" DEPTH OF PLANTING MIX TRIANGULAR SPACING EQUALEQUAL SCALE: NONE GROUNDCOVER PLANTING23 STEEL EDGING SEE PLAN CANOPY TREE PLANTING SCALE: NONE1 TREE STAKE SOLUTIONS LLC 9973 FM 521 ROAD ROSHARON, TX 77583 PHONE: (281) 778-1400 FAX: (281) 778-1425 www.treestakesolutions.comŒSolutions UNDISTURBED SOIL NAIL STAKE ROOT ANCHOR U-BRACKET ROOTBALL PLANTING HOLE UNDISTURBED SOIL ROOT ANCHOR U-BRACKET ROOTBALL PLANTING HOLE TREE TREE NAIL STAKE PLANTING HOLE TREE U-BRACKET ROOT ANCHOR TREE TRUNK ROOTBALL 1. WITH TREE IN A STRAIGHT & PLUMB POSITION, CENTER THE APPROPRIATE ROOT ANCHOR SAFETY STAKE AROUND THE TRUNK, WITH RINGS LAYING FLAT AGAINST ROOTBALL, U-BRACKETS FACING UP. 2. INSERT 1 OF 3 NAIL STAKES THROUGH EACH OF THE U-BRACKETS. NAILS SHOULD REST IN THE UNDISTURBED SOIL AT THE BOTTOM OF THE TREE PIT. ALL NAILS SHOULD FIT SNUG AGAINST THE SIDE OF THE ROOTBALL. (FOR HAND OR MACHINE DUG TREES, IT MAY BE NECESSARY TO PENETRATE 1" - 4" OF OUTER AREA OF THE ROOTBALL WITH THE NAIL.) 3. NAIL STAKES SHOULD BE DRIVEN STRAIGHT DOWN INTO THE UNDISTURBED SOIL BELOW THE ROOTBALL. THE NAILS ARE NOW CAGING THE ROOTBALL IN PLACE, WHILE THE TOP BRACKET PINS THE ROOTBALL DOWN. AFTER THE TREE STAKE IS INSTALLED, A LAYER OF MULCH CAN BE ADDED OVER THE STAKE. REMOVE ROOT ANCHOR AFTER TREE IS ESTABLISHED. ITEM # 5 BG 15 BG 30 BG 45/65 BG DESCRIPTION 5 GALLON OR 10" ROOTBALL 10/15 GALLON OR 17" ROOTBALL 20/30 GALLON OR 22" ROOTBALL 45/65 GALLON OR 27-30" ROOTBALL NAIL LENGTH X 3PC (INCLUDED) #4 X 24" #4 X 36" #4 X 36" #4 X 48" ITEM # 100 BG 150 BG 200 BG 300 BG DESCRIPTION 95/100 GALLON OR 36" ROOTBALL 150 GALLON OR 42" ROOTBALL 200 GALLON OR 48" ROOTBALL 300 GALLON OR 58" ROOTBALL NAIL LENGTH X 3PC (INCLUDED) #5 X 48" #5 X 60" #5 X 72" #5 X 72" ROOT ANCHORTM BELOW GRADE SAFETY STAKE SIZING CHART LANDSCAPE NOTES TOWN OF PROSPER Landscape Plan is conceptual in nature. Must meet all required Zoning requirements Landscape Calculations Town of Prosper, Texas 12 trees Interior Landscape Area Provided 1 tree per 15 spaces Required 51 spaces 1 tree per 30 LF 333.52 LF 12 trees 4 trees ProvidedRequired 9 trees Perimeter Landscape Area Preston Road At least 1 tree within 150' of each parking space. 22.5 shrubs per 30 LF 251 shrubs 251 shrubs 15 sf area for each parking space 765 SF 2,262 SF PLANT LIST Live Oak Quercus virginiana 3 1/2" cal. 65 gal. 12' ht. 6' spread 5 gal. 36" ocIlex vomitoria 'Nana'Dwarf Yaupon 5 gal. 36" ocAbelia x grandiflora 'Ed. Goucher' Dwarf Abelia 5 gal. 36" ocLoropetalum 'Ruby'Chinese Fringe Shrub 1 gal. 18" ocScutellaria suffrutescensPink Scullcap 5 gal. 36" ocHesperaloe parvifloraRed Yucca 5 gal. 36" ocRosemarinus prostratusRosemary Shumard Oak Quercus shumardii 5 gal. 36" ocRaphiolepis indica 'Pinkie'Dwarf Indian Hawthorne 1 gal. 24" ocChasmanthium latifoliumInland Sea Oats LO DY DA LP PS RY RO SO DIH IS 5 gal. 36" ocBerberis thunbergii 'atropurpurea'BarberryBA CANOPY TREES SHRUBS & GROUNDCOVERS 7 7 16 4 5 3 8 11 4 10 13 9 CO Coreopsis Coreopsis lanceolata 'Early Sunrise' 1 gal. 18" oc 5 gal. 36" ocPerovskia atriplicifoliaRussian SageRS7 5 gal. 36" ocLeucophyllum frutescens 'Silverado'Texas SageTX4 3 gal. 30" ocMuhlenbergia capillarisPink MuhlyPM3 3 gal. 30" ocSalvia greggiiCherry SageCS12 3 gal. 30" ocLiriope giganteaGiant LiriopeGL13 Chinquapin Oak Quercus muhlenbergiaCO7 Lacebark Elm Ulmus parvifloraLE5 3 1/2" cal. 65 gal. 12' ht. 5' spread 3 1/2" cal. 65 gal. 12' ht. 5' spread 3 1/2" cal. 65 gal. 12' ht. 5' spread 1 tree per 30 LF adjacent residential - north and east side hydromulchCynodon dactylon 'Sahara'Bermuda Grass note: at temp. parking area ev. trees 1 per 20 LF Item 9 Item 9 Item 9 FINISH FLOOR0"B.O. SOFFIT12' - 0"HIGH PARAPET30' - 1 1/2"T.O. PARAPET24' - 0"172'-4"20'-4"20'-6"24'-7"24'-9"23'-4"23'-10"35'-0"FINISH FLOOR0"MID PARAPET25' - 4"B.O. SOFFIT12' - 0"HIGH PARAPET30' - 1 1/2"78'-4"24'-0"20'-4"48'-0"10'-0"FINISH FLOOR0"MID PARAPET25' - 4"HIGH PARAPET30' - 1 1/2"B.O. CANOPY10' - 0"169'-8"89'-6"80'-2"FINISH FLOOR0"MID PARAPET25' - 4"HIGH PARAPET30' - 1 1/2"B.O. CANOPY10' - 0"24'-0"75'-0"31'-0"24'-4"19'-8"A60001A60003A60004A60002A900A90001A90002A9000305A900EXTERIOR MATERIAL FINISH LEGENDS-1 MANUFACTURED STONEPALO PINTO COBBLES-2 MANUFACTURED STONEGRANBURY COBBLECS-1 CAST STONETHOMAS TAN NO. 1103B-1 DECORATIVE CONCRETE MASONRYOLDCASTLE QUIK BRIKTIMBERLAND WITH RED FLASHB-2 DECORATIVE CONCRETE MASONRYOLDCASTLE QUIK BRIKAUTUMN, NO FLASHEF-1 EIFS SYSTEM (PARAPET CORNICE ONLY)456 OYSTER SHELL WITH SAND PEBBLE FINISHEF-2 EIFS SYSTEM (PARAPET CORNICE ONLY)381 MONASTERY BROWN WITH SAND PEBBLE FINE FINISHM-1 STANDING SEAM METAL ROOF,GUTTERS AND DOWNSPOUTSBERRIDGE CHARCOAL GREYM-2 DOOR AND WINDOW FRAMESDARK BRONZE ANODIZED ALUMINUMGENERAL NOTESTHE SHOPS AT PROSPER TRAILRETAIL BUILDING - LOT #9 / BLOCK AFACADE PLAN IS FOR CONCEPTUAL PURPOSES ONLY. ALL BUILDING PLANS REQUIRE REVIEW AND APPROVAL FROM THE BUILDING INSPECTIONS DEPARTMENT.ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE ZONING ORDINANCE.WHEN PERMITTED, EXPOSED UTILITY BOXES AND CONDUITS SHALL BE PAINTED TO MATCH THE BUILDING.ALL SIGNAGE AREAS AND LOCATIONS ARE SUBJECT TO APPROVAL BY BUILDING INSPECTIONS DEPARTMENT.WINDOWS SHALL HAEV A MAXIMUM EXTERIOR VISIBLE REFLECTIVITY OF TEN (10) PERCENT.ANY DEVIATION FROM THE APPROVED FACADE PLAN WILL REQUIRE REAPPROVAL BY THE TOWN OF PROSPER.1.2.3.4.5.6.100'-0"FINISH FLOOR125'-4"T.O. PARAPET130'-0"T.O. PARAPET110'-0"B.O. CEILING118'-0"B.O. STEELNO.DATEDESCRIPTIONDesigned by:Date:Drawn by: Date:Checked by: Date:REVISION HISTORY© 2018 Legacy Architecture, L.L.C. All rights reserved. No part of this document may be reproduced or utilized in any form without prior written authorization of Legacy Architecture, L.L.C.108 S. DIVISION STREETSUITE 201GUTHRIE, OK 73044LegacyArchitecturep 405.293.9700f 405.293.9701LegacyArchitecture.comOWNER:MW Prosper Retail, LLC14801 Quorum Dr., Suite 160Dallas, Texas 75254P: (972) 980-8806W: mqpartners.comARCHITECT:Legacy Architecture, LLC108 S. Division, Suite 201Guthrie, Oklahoma 73044P: (405) 293-9700W: LegacyArchitecture.comMEP ENGINEER:Jordan & Skala Engineers17855 North Dallas Parkway, Suite 320Dallas, Texas 75287P: (469) 385-1616W: JordanSkala.comSTRUCTURAL ENGINEER:H & A Engineers731 El BarcoCorsicana, Texas 75109P: (817) 268-8621CIVIL ENGINEER:Claymoore Engineering1903 Central Drive, Suite 406Bedford, Texas 76021P: (817) 281-0572W: claymooreeng.comLANDSCAPE ARCHITECT:DRAWING NUMBER:© 2018DRAWING ISSUE DATE:DRAWING TITLE:PROFESSIONAL SEAL:PROJECT LOCATION:PROJECT TITLE: PROJECT NUMBER:Site Integration Studio6647 Oak Hill Blvd.Tyler, Texas 75703P: (903) 533-8898W: siteint.comA900DECEMBER 20, 201717018FACADE PLANJGFJGFBUILDING 9THE SHOPS OFPROSPER TRAIL1170 N. PRESTON RDPROSPER, TEXAS 70578LHSDEC. 20, 2017DEC. 20, 2017DEC. 20, 2017SCALE: 1/8" = 1'-0"EXTERIOR ELEVATION (NORTH)01SCALE: 1/8" = 1'-0"EXTERIOR ELEVATION (WEST)03SCALE: 1/8" = 1'-0"EXTERIOR ELEVATION (SOUTH)02SCALE: 1/8" = 1'-0"EXTERIOR ELEVATION (EAST)04SCALE: 1/16" = 1'-0"BUILDING PLAN06NORTHSCALE: 1/8" = 1'-0"BUILDING SECTION05AREA CALCULATIONS AND PERCENTAGESGROSS FACADE AREA - 1,930 SFOPENING AREA = 112 SFNET AREA = 1,818 SFPRIMARY EXTERIOR MATERIALSS-1 AREA = 406 SF (22.4%)S-2 AREA = 112 SF (6.2%)CS-1 AREA = 109 SF (6.0%)B-1 AREA = 0 SF (0.0%)B-2 AREA = 891 SF (49.1%)SECONDARY EXTERIOR MATERIALSEF-1 AREA = 245 SF (13.5%)EF-2 AREA = 51 SF (2.8%)AREA CALCULATIONS AND PERCENTAGESGROSS FACADE AREA - 1,963 SFOPENING AREA = 268 SFNET AREA = 1,695 SFPRIMARY EXTERIOR MATERIALSS-1 AREA = 328 SF (19.4%)S-2 AREA = 126 SF (7.4%)CS-1 AREA = 181 SF (10.7%)B-1 AREA = 0 SF (0.0%)B-2 AREA = 770 SF (45.4%)SECONDARY EXTERIOR MATERIALSEF-1 AREA = 247 SF (14.6%)EF-2 AREA = 43 SF (2.5%)AREA CALCULATIONS AND PERCENTAGESGROSS FACADE AREA - 4,306 SFOPENING AREA = 285 SFNET AREA = 4,021 SFPRIMARY EXTERIOR MATERIALSS-1 AREA = 0 SF (0.0%)S-2 AREA = 383 SF (9.5%)CS-1 AREA = 114 SF (2.8%)B-1 AREA = 0 SF (0.0%)B-2 AREA = 3,021 SF (74.9%)SECONDARY EXTERIOR MATERIALSEF-1 AREA = 512 SF (12.8%)EF-2 AREA = 0 SF (0.0%)AREA CALCULATIONS AND PERCENTAGESGROSS FACADE AREA - 4,664 SFOPENING AREA = 738 SFNET AREA = 3,926 SFPRIMARY EXTERIOR MATERIALSS-1 AREA = 1,313 SF (33.4%)S-2 AREA = 250 SF (6.4%)CS-1 AREA = 347 SF (8.8%)B-1 AREA = 653 SF (16.6%)B-2 AREA = 689 SF (17.7%)SECONDARY EXTERIOR MATERIALSEF-1 AREA = 555 SF (14.1%)EF-2 AREA = 119 SF (3.0%)Item 9 To: Mayor and Town Council From: Frank E. Jaromin, P.E., Director of Public Works Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – January 9, 2018 Agenda Item: Consider and act upon awarding Bid No. 2018-39-B to Reytech Services, LLC., related to construction services for the DNT Reconstruction US 380 North project; and authorizing the Town Manager to execute a construction agreement for same. Description of Agenda Item: On December 12, 2017, at 3:00 PM, four (4) bids were opened for the Town of Prosper DNT Reconstruction US 380 North project. The verified bid totals from the bidders ranged between $329,415.97 and $683,150.00, with Reytech Services, LLC., being the lowest qualified bidder. The scope of this contract includes removing and replacing existing concrete paving, installing cement treated subbase and thermoplastic pavement markings. The contractor will replace pavement on approximately 1,077 feet of the northbound lanes and approximately 112 feet on the southbound lanes of the DNT frontage roads. During construction, the northbound lanes will be reduced to one (1) lane, and the southbound lanes will be reduced to two (2) lanes. Staff will coordinate with Prosper ISD, the Post Office, and public safety personnel to provide updates of the construction activity. Work is estimated to be completed in May, 2018. Budget Impact: $659,184.00 was approved in the FY 2017-2018 Budget for the cost of this project. The proposed construction cost of $329,415.97 is available in account 100-5480-50-01. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard construction agreement as to form and legality. Attached Documents: 1. Location Map 2. Bid Tabulation Summary 3. Construction Agreement Prosper is a place where everyone matters. PUBLIC WORKS Item 10 Town Staff Recommendation: Town staff recommends that the Town Council award Bid No. 2018-39-B to Reytech Services, LLC., related to construction services for the DNT Reconstruction US 380 North project; and authorize the Town Manager to execute a construction agreement for same. Proposed Motion: I move to award Bid No. 2018-39-B to Reytech Services, LLC., related to construction services for the DNT Reconstruction US 380 North project; and authorize the Town Manager to execute a construction agreement for same. Item 10 US 380DNT Northbound Frontage RoadDNT Southbound Frontage RoadItem 10 TOWN OF PROSPER BID TABULATION SUMMARY BID NO: 2018-39-B DNT RECONSTRUCTION US 380 NORTH Bid Opening: 12/12/2017 at 3:00 PM Grand Total Reytech Services, LLC $ 329,415.97 Quality Excavation LTD $ 404,266.50 Mario Sinacola & Sons Excavating, Inc. $ 442,330.00 HQS Construction, LLC $ 683,150.00 Certified By: January M. Cook, CPPO, CPPB Date: 12/12/2017 Purchasing Agent Town of Prosper, Texas **All bids/proposals submitted for the designated project are reflected on this tabulation sheet. However, the listing of the bid/proposal on this tabulation sheet shall not be construed as a comment on the responsiveness of such bid/proposal or as any indication that the agency accepts such bid/proposal as being responsive. The agency will make a determination as to the responsiveness of the vendor responses submitted based upon compliance with all applicable laws, purchasing guidelines and project documents, including but not limited to the project specifications and contract documents. The agency will notify the successful vendor upon award of the contract and, as according to the law, all bid/proposal responses received will be available for inspection at that time. Item 10 CONTRACT DOCUMENTS AND SPECIFICATIONS FOR DNT RECONSTRUCTION US 380 NORTH BID NO. 2018-39-B TOWN OF PROSPER COLLIN COUNTY, TEXAS TOWN OFFICIALS Ray Smith, Mayor Curry Vogelsang, Jr., Mayor Pro-Tem Jason Dixon, Deputy Mayor Pro-Tem Michael Korbuly, Place 1 Kenneth Dugger, Place 2 Meigs Miller, Place 4 Jeff Hodges, Place 5 Harlan Jefferson, Town Manager Item 10 TABLE OF CONTENTS TABLE OF CONTENTS .................................................................................................. 1 LEGAL NOTICE .............................................................................................................. 2 INSTRUCTIONS TO BIDDERS ...................................................................................... 3 BID PROPOSAL FORM .................................................................................................. 4 BID BOND ................................................................................................................... 100 OUT-OF-STATE CONTRACTOR COMPLIANCE TO STATE LAW ............................ 122 CONSTRUCTION AGREEMENT ................................................................................ 133 PERFORMANCE BOND ............................................................................................. 266 PAYMENT BOND.......................................................................................................... 29 MAINTENANCE BOND ............................................................................................... 322 GENERAL CONDITIONS ............................................................................................ 355 SPECIFICATIONS AND STANDARDS………………………….......................................53 Item 10 LEGAL NOTICE The Town of Prosper is accepting sealed bids for BID NO. 2018-39-B DNT RECONSTRUCTION US 380 NORTH. Bids will be accepted until 3:00 P.M. on Tuesday, December_12, 2017 at the Town Hall Annex, 151 S. Main St., Prosper, Texas 75078. Any bids received after this time will not be accepted, and will be returned unopened. Bids will be publicly opened and read aloud at the Town Hall Annex, 151 S. Main St., Prosper, Texas 75078 immediately following this time. The Project consists of furnishing all labor, equipment and materials, and performing all work necessary for the construction of demolition of reinforced concrete paving, installation of concrete stabilized subgrade, installation of reinforced concrete paving, installation of thermoplastic pavement markings and traffic control associated with the DNT RECONSTRUCTION US 380 NORTH project on DNT between US 380 and County Road 27. Each bid submitted shall be accompanied by a cashier's check in the amount of 5% of the maximum amount bid, payable without recourse to the Town of Prosper, or a Bid Bond in the same amount from a reliable surety company as a guarantee that, if awarded the contract, the Bidder will execute a Construction Agreement with the Town, including all required bonds and other documents. The successful bidder shall furnish a Performance Bond in the amount of 115% of the contract amount, and a Payment Bond in the amount of 100% of the contract amount, as well as evidence of all required insurance coverage within ten (10) calendar days of notice of award. The successful bidder shall also furnish a Maintenance Bond in the amount of 100% of the contract amount covering defects of material and workmanship for two calendar years following the Town's approval and acceptance of the construction. An approved surety company, licensed in the State of Texas, shall issue all bonds in accordance with Texas law. Copies of Plans, Specifications, and Contract Documents may be examined at Public Works, 601 W Fifth Street, Prosper, TX 75078, (972) 347-9969 without charge. These documents may be acquired from that office for the non-refundable purchase price of $10.00 per set, payable to the Town of Prosper. Copies of Plans, Specifications, and Contract Documents may also be downloaded free of charge from Current Bidding Opportunities, at the following link: http://www.prospertx.gov/business/bid-opportunities/. Questions and requests for clarifications in regards to this bid should be emailed directly to January Cook, CPPO, CPPB, Purchasing Agent, at january_cook@prospertx.gov. Tuesday, December 5, 2017, at 12:00 P.M. will be the deadline for receipt of questions and requests for clarifications. After that day and time, no further questions or requests for clarifications will be accepted or answered by the Engineer or Town. Item 10 INSTRUCTIONS TO BIDDERS 1. Submittal Deadline: Bids will be accepted until 3:00 P.M. on Tuesday, December 12, 2017. 2. Submittal Location: Bids will be accepted at the Town Hall Annex, 151 S. Main St., Prosper, Texas 75078. 3. Submittal Requirements: Each Bidder shall submit one (1) original and one (1) copy of their bid, along with their bid security and Out of State Contractor Compliance (if necessary), in a sealed envelope clearly marked with their name and BID NO. 2018-39-B, DNT RECONSTRUCTION US 380 NORTH 4. Bid Opening: Bids will be publicly opened and read aloud at the Town Hall Annex, 151 S. Main St., Prosper, Texas 75078, immediately following the bid deadline. 5. Bidding Documents: Copies of Plans, Specifications, and Contract Documents may be examined without charge at the following location: Town of Prosper Development Services 409 E First Street Prosper TX. 75078 Phone: 972-569-1099 or Download free of charge from Current Bidding Opportunities, at the following link: http://www.prospertx.gov/business/bid-opportunities/. 6. Questions and Requests for Clarification: Questions and requests for clarifications in regards to this bid should be emailed directly to January Cook, CPPO, CPPB, Purchasing Agent, at january_cook@prospertx.gov. Tuesday, December 5, 2017, at 12:00 P.M. will be the deadline for receipt of questions and requests for clarifications. After that day and time, no further questions or requests for clarifications will be accepted or answered by the Engineer or Town. 7. Addenda: If it becomes necessary to provide additional information to potential Bidders, the Town of Prosper will issue an addendum containing the necessary information. 8. Pre-Bid Meeting: A pre-bid meeting will not be held for this project. Item 10 Item 10 Item 10 Item 10 Item 10 Item 10 Item 10 Item 10 Item 10 Item 10 OUT-OF-STATE CONTRACTOR COMPLIANCE TO STATE LAW Texas Government Code §2252.002 provides that, in order to be awarded a contract as low bidder, a non-resident bidder (out-of-state contractor whose corporate office or principal place of business is outside the State of Texas) bid projects in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in the following statement must be filled out by all out-of-state or non-resident bidders in order for those bids to meet specifications. (This information may be obtained from the Texas Register.) The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Non-resident contractor in ___________________ (give state), our principal place of business, is required to be _________ percent lower than resident bidders by State Law. The exact language of the statute is set out below. Non-resident contractor in ___________________ (give state), our principal place of business, is not required to underbid resident bidders. BIDDER By Company (Please Print) Address Signature City State Zip Title (Please Print) “Tex. Gov’t Code Sec. 2252.002. AWARD OF CONTRACT TO NONRESIDENT BIDDER. A governmental entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lowest bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located.” Item 10 DNT RECONSTRUCTION US 380 NORTH 2018-39-B PAGE 13 CONSTRUCTION AGREEMENT THE STATE OF TEXAS ) ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN ) This Construction Agreement (the "Agreement") is made by and between Reytech Services, LLC, a Texas corporation, (the "Contractor") and the Town of Prosper, Texas, a municipal corporation (the "Owner"). For and in consideration of the payment, agreements and conditions hereinafter mentioned, and under the conditions expressed in the bonds herein, Contractor hereby agrees to complete the construction of improvements described as follows: BID NO. 2018-39-B DNT RECONSTRUCTION US 380 NORTH in the Town of Prosper, Texas, and all extra work in connection therewith, under the terms as stated in the terms of this Contract, including all Contract Documents incorporated herein; and at his, her or their own proper cost and expense to furnish all superintendence, labor, insurance, equipment, tools and other accessories and services necessary to complete the said construction in accordance with all the Contract Documents, incorporated herein as if written word for word, and in accordance with the Plans, which include all maps, plats, blueprints, and other drawings and printed or written explanatory manner therefore, and the Specifications as prepared by Town of Prosper or its consultant hereinafter called Engineer, who has been identified by the endorsement of the Contractor's written proposal, the General Conditions of this Contract, the Special Conditions of this Contract, the payment, performance, and maintenance bonds hereto attached; all of which are made a part hereof and collectively evidence and constitute the entire Contract. A. Contract Documents and Order of Precedence The Contract Documents shall consist of the following documents: 1. this Construction Agreement; 2. properly authorized change orders; 3. the Special Conditions of this Contract; 4. the General Conditions of this Contract; 5. the Technical Specifications & Construction Drawings of this Contract; 6. the OWNER's Standard Construction Details; 7. the OWNER's Standard Construction Specifications; 8. the OWNER’s written notice to proceed to the CONTRACTOR; Item 10 DNT RECONSTRUCTION US 380 NORTH 2018-39-B PAGE 14 9. the Contractor’s Bid Proposal; 10. any listed and numbered addenda; 11. the Performance, Payment, and Maintenance Bonds; and, 12. any other bid materials distributed by the Owner that relate to the Project. These Contract Documents are incorporated by reference into this Construction Agreement as if set out here in their entirety. The Contract Documents are intended to be complementary; what is called for by one document shall be as binding as if called for by all Contract Documents. It is specifically provided, however, that in the event of any inconsistency in the Contract Documents, the inconsistency shall be resolved by giving precedence to the Contract Documents in the order in which they are listed herein above. If, however, there exists a conflict or inconsistency between the Technical Specifications and the Construction Drawings it shall be the Contractor’s obligation to seek clarification as to which requirements or provisions control before undertaking any work on that component of the project. Should the Contractor fail or refuse to seek a clarification of such conflicting or inconsistent requirements or provisions prior to any work on that component of the project, the Contractor shall be solely responsible for the costs and expenses - including additional time - necessary to cure, repair and/or correct that component of the project. B. Total of Payments Due Contractor For performance of the Work in accordance with the Contract Documents, the Owner shall pay the Contractor in current funds an amount not to exceed Three Hundred Twenty-Nine Thousand, Four Hundred Fifteen Dollars and Ninety-Seven cents ($329,415.97). This amount is subject to adjustment by change order in accordance with the Contract Documents. C. Dates to Start and Complete Work Contractor shall begin work within ten (10) calendar days after receiving a written Notice to Proceed or written Work Order from the Owner. All Work required under the Contract Documents shall be substantially completed within 70 calendar days after the date of the Notice to Proceed for the base bid. Within 30 additional calendar days after Substantial Completion, all outstanding issues shall be addressed and ready for final payment. Under this Construction Agreement, all references to “day” are to be considered “calendar days” unless noted otherwise. D. CONTRACTOR'S INDEMNITY TO THE OWNER AND OTHERS CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS THE TOWN OF PROSPER (OWNER) TOGETHER WITH ITS MAYOR AND TOWN COUNCIL AND ALL OF ITS OFFICIALS, OFFICERS, AGENTS AND EMPLOYEES, IN BOTH THEIR PUBLIC AND PRIVATE CAPACITIES, FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEY FEES WHICH MAY ARISE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR FOR LOSS OF, Item 10 DAMAGE TO, OR LOSS OF USE OF ANY PROPERTY OCCASIONED BY ERROR, OMISSION, OR NEGLIGENT ACT OF CONTRACTOR, ITS SUBCONTRACTORS, ANY OFFICERS, AGENTS OR EMPLOYEES OF CONTRACTOR OR ANY SUBCONTRACTORS, INVITEES, AND ANY OTHER THIRD PARTIES OR PERSONS FOR WHOM OR WHICH CONTRACTOR IS LEGALLY RESPONSIBLE, IN ANY WAY ARISING OUT OF, RELATING TO, RESULTING FROM, OR IN CONNECTION WITH THE PERFORMANCE OF THIS CONTRACT, AND CONTRACTOR WILL AT HIS OR HER OWN COST AND EXPENSE DEFEND AND PROTECT TOWN OF PROSPER (OWNER) FROM ANY AND ALL SUCH CLAIMS AND DEMANDS. CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS TOWN OF PROSPER (OWNER) TOGETHER WITH ITS MAYOR AND TOWN COUNCIL AND ALL OF ITS OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEYS FEES FOR INJURY OR DEATH OF ANY PERSON OR FOR LOSS OF, DAMAGES TO, OR LOSS OF USE OF ANY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THIS CONTRACT. SUCH INDEMNITY SHALL APPLY WHETHER THE CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION ARISE IN WHOLE OR IN PART FROM THE NEGLIGENCE OF THE TOWN OF PROSPER (OWNER), ITS MAYOR AND TOWN COUNCIL, OFFICERS, OFFICIALS, AGENTS OR EMPLOYEES. IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY CONTRACTOR TO INDEMNIFY AND PROTECT TOWN OF PROSPER (OWNER) FROM THE CONSEQUENCES OF TOWN OF PROSPER’S (OWNER'S) OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS A SOLE OR CONCURRING CAUSE OF THE INJURY, DEATH OR DAMAGE. IN ANY AND ALL CLAIMS AGAINST ANY PARTY INDEMNIFIED HEREUNDER BY ANY EMPLOYEE OF THE CONTRACTOR, ANY SUB-CONTRACTOR, ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE, THE INDEMNIFICATION OBLIGATION HEREIN PROVIDED SHALL NOT BE LIMITED IN ANY WAY BY ANY LIMITATION ON THE AMOUNT OR TYPE OF DAMAGES, COMPENSATION OR BENEFITS PAYABLE BY OR FOR THE CONTRACTOR OR ANY SUB-CONTRACTOR UNDER WORKMEN'S COMPENSATION OR OTHER EMPLOYEE BENEFIT ACTS. INDEMNIFIED ITEMS SHALL INCLUDE ATTORNEYS' FEES AND COSTS, COURT COSTS, AND SETTLEMENT COSTS. INDEMNIFIED ITEMS SHALL ALSO INCLUDE ANY EXPENSES, INCLUDING ATTORNEYS' FEES AND EXPENSES, INCURRED BY AN INDEMNIFIED INDIVIDUAL OR ENTITY IN ATTEMPTING TO ENFORCE THIS INDEMNITY. In its sole discretion, the Owner shall have the right to approve counsel to be retained by Contractor in fulfilling its obligation to defend and indemnify the Owner. Contractor shall retain approved counsel for the Owner within seven (7) business days after receiving written notice from the Owner that it is invoking its right to indemnification under this Construction Agreement. If Contractor does not retain counsel for the Owner within the required time, then the Owner shall have the right to retain counsel and the Contractor shall pay these attorneys' fees and expenses. The Owner retains the right to provide and pay for any or all costs of defending indemnified items, but it shall not be required to do so. To the extent that Owner elects to provide and pay for any such costs, Contractor shall indemnify and reimburse Owner for such costs. Item 10 (Please note that this “broad-form” indemnification clause is not prohibited by Chapter 151 of the Texas Insurance Code as it falls within one of the exclusions contained in Section 151.105 of the Texas Insurance Code.) E. Insurance Requirements 1. Before commencing work, the Contractor shall, at its own expense, procure, pay for and maintain the following insurance coverage written by companies approved by the State of Texas and acceptable to the Town of Prosper. The Contractor shall furnish to the Town of Prosper Purchasing Agent certificates of insurance executed by the insurer or its authorized agent stating the type of coverages, limits of each such coverage, expiration dates and compliance with all applicable required provisions. Certificates shall reference the project/contract number and be addressed as follows: Bid No. 2018-39-B DNT RECONSTRUCTION US 380 NORTH Attn: Purchasing Agent 121 W. Broadway Prosper, Texas 75078 (a) Commercial General Liability insurance, including, but not limited to Premises/Operations, Personal & Advertising Injury, Products/Completed Operations, Independent Contractors and Contractual Liability, with minimum combined single limits of $1,000,000 per-occurrence, $1,000,000 Products/Completed Operations Aggregate and $2,000,000 general aggregate. If high risk or dangerous activities are included in the Work, explosion, collapse and underground (XCU) coverage is also required. Coverage must be written on an occurrence form. The General Aggregate shall apply on a per project basis. (b) Workers’ Compensation insurance with statutory limits; and Employers’ Liability coverage with minimum limits for bodily injury: a) by accident, $100,000 each accident, b) by disease, $100,000 per employee with a per policy aggregate of $500,000. (c) Umbrella or Excess Liability insurance with minimum limits of $2,000,000 each occurrence and annual aggregate for bodily injury and property damage, that follows form and applies in excess of the above indicated primary coverage in subparagraphs a and b. The total limits required may be satisfied by any combination of primary, excess or umbrella liability insurance provided all policies comply with all requirements. The Contractor may maintain reasonable deductibles, subject to approval by the Owner. 2. With reference to the foregoing required insurance, the Contractor shall endorse applicable insurance policies as follows: Item 10 (a) A waiver of subrogation in favor of Town of Prosper, its officials, employees, and officers shall be contained in the Workers’ Compensation insurance policy. (b) The Town of Prosper, its officials, employees and officers shall be named as additional insureds on the Commercial General Liability policy, by using endorsement CG2026 or broader. (Please note that this “additional insured” coverage requirement is not prohibited by Chapter 151 of the Texas Insurance Code as it falls within one of the exclusions contained in Section 151.105 of the Texas Insurance Code.) (c) All insurance policies shall be endorsed to the effect that Town of Prosper will receive at least thirty (30) days’ notice prior to cancellation, non- renewal, termination, or material change of the policies. 3. All insurance shall be purchased from an insurance company that meets a financial rating of “A” or better as assigned by the A.M. BEST Company or equivalent. 4. With respect to Workers’ Compensation insurance, the Contractor agrees to comply with all applicable provisions of 28 Tex. Admin Code § 110.110, “Reporting Requirements for Building or Construction Projects for Governmental Entities,” as such provision may be amended, and as set forth in Paragraph F following. F. Workers' Compensation Insurance Coverage 1. Definitions: Certificate of coverage ("certificate")- A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. Item 10 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided Item 10 for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Item 10 G. Performance, Payment and Maintenance Bonds The Contractor shall procure and pay for a Performance Bond applicable to the work in the amount of one hundred fifteen percent (115%) of the total bid price, and a Payment Bond applicable to the work in the amount of one hundred percent (100%) of the total bid price. The Contractor shall also procure and pay for a Maintenance Bond applicable to the work in the amount of one hundred percent (100%) of the total bid price. The period of the Maintenance Bond shall be two years from the date of acceptance of all work done under the contract, to cover the guarantee as set forth in this Construction Agreement. The performance, payment and maintenance bonds shall be issued in the form attached to this Construction Agreement as Exhibits B, C and D. Other performance, payment and maintenance bond forms shall not be accepted. Among other things, these bonds shall apply to any work performed during the two-year warranty period after acceptance as described in this Construction Agreement. The performance, payment and maintenance bonds shall be issued by a corporate surety, acceptable to and approved by the Town, authorized to do business in the State of Texas, pursuant to Chapter 2253 of the Texas Government Code. Further, the Contractor shall supply capital and surplus information concerning the surety and reinsurance information concerning the performance, payment and maintenance bonds upon Town request. In addition to the foregoing requirements, if the amount of the bond exceeds One Hundred Thousand Dollars ($100,000) the bond must be issued by a surety that is qualified as a surety on obligations permitted or required under federal law as indicated by publication of the surety’s name in the current U.S. Treasury Department Circular 570. In the alternative, an otherwise acceptable surety company (not qualified on federal obligations) that is authorized and admitted to write surety bonds in Texas must obtain reinsurance on any amounts in excess of One Hundred Thousand Dollars ($100,000) from a reinsurer that is authorized and admitted as a reinsurer in Texas who also qualifies as a surety or reinsurer on federal obligations as indicated by publication of the surety’s or reinsurer’s name in the current U.S. Treasury Department Circular 570. H. Progress Payments and Retainage As it completes portions of the Work, the Contractor may request progress payments from the Owner. Progress payments shall be made by the Owner based on the Owner's estimate of the value of the Work properly completed by the Contractor since the time the last progress payment was made. The "estimate of the value of the work properly completed" shall include the net invoice value of acceptable, non-perishable materials actually delivered to and currently at the job site only if the Contractor provides to the Owner satisfactory evidence that material suppliers have been paid for these materials. No progress payment shall be due to the Contractor until the Contractor furnishes to the Owner: 1. copies of documents reasonably necessary to aid the Owner in preparing an estimate of the value of Work properly completed; 2. full or partial releases of liens, including releases from subcontractors providing materials or delivery services relating to the Work, in a form acceptable to the Owner releasing all liens or claims relating to goods and services provided up to the date of the most recent previous progress payment; Item 10 3. an updated and current schedule clearly detailing the project’s critical path elements; and 4. any other documents required under the Contract Documents. Progress payments shall not be made more frequently than once every thirty (30) calendar days unless the Owner determines that more frequent payments are appropriate. Further, progress payments are to be based on estimates and these estimates are subject to correction through the adjustment of subsequent progress payments and the final payment to Contractor. If the Owner determines after final payment that it has overpaid the Contractor, then Contractor agrees to pay to the Owner the overpayment amount specified by the Owner within thirty (30) calendar days after it receives written demand from the Owner. The fact that the Owner makes a progress payment shall not be deemed to be an admission by the Owner concerning the quantity, quality or sufficiency of the Contractor's work. Progress payments shall not be deemed to be acceptance of the Work nor shall a progress payment release the Contractor from any of its responsibilities under the Contract Documents. After determining the amount of a progress payment to be made to the Contractor, the Owner shall withhold a percentage of the progress payment as retainage. The amount of retainage withheld from each progress payment shall be set at five percent (5%). Retainage shall be withheld and may be paid to: a. ensure proper completion of the Work. The Owner may use retained funds to pay replacement or substitute contractors to complete unfinished or defective work; b. ensure timely completion of the Work. The Owner may use retained funds to pay liquidated damages; and c. provide an additional source of funds to pay claims for which the Owner is entitled to indemnification from Contractor under the Contract Documents. Retained funds shall be held by the Owner in accounts that shall not bear interest. Retainage not otherwise withheld in accordance with the Contract Documents shall be returned to the Contractor as part of the final payment. I. Withholding Payments to Contractor The Owner may withhold payment of some or all of any progress or final payment that would otherwise be due if the Owner determines, in its discretion, that the Work has not been performed in accordance with the Contract Documents. The Owner may use these funds to pay replacement or substitute contractors to complete unfinished or defective Work. The Owner may withhold payment of some or all of any progress or final payment that would otherwise be due if the Owner determines, in its discretion, that it is necessary and proper to provide an additional source of funds to pay claims for which the Owner is entitled to indemnification from Contractor under the Contract Documents. Amounts withheld under this section shall be in addition to any retainage. Item 10 J. Acceptance of the Work When the Work is completed, the Contractor shall request that the Owner perform a final inspection. The Owner shall inspect the Work. If the Owner determines that the Work has been completed in accordance with the Contract Documents, it shall issue a written notice of acceptance of the Work. If the Owner determines that the Work has not been completed in accordance with the Contract Documents, then it shall provide the Contractor with a verbal or written list of items to be completed before another final inspection shall be scheduled. It is specifically provided that Work shall be deemed accepted on the date specified in the Owner's written notice of acceptance of the Work. The Work shall not be deemed to be accepted based on "substantial completion" of the Work, use or occupancy of the Work, or for any reason other than the Owner's written Notice of Acceptance. Further, the issuance of a certificate of occupancy for all or any part of the Work shall not constitute a Notice of Acceptance for that Work. In its discretion, the Owner may issue a Notice of Acceptance covering only a portion of the Work. In this event, the notice shall state specifically what portion of the Work is accepted. K. Acceptance of Erosion Control Measures When the erosion control measures have been completed, the Contractor shall request that the Owner perform a final inspection. The Owner shall inspect the Work. If the Owner determines that the Work has been completed in accordance with the Contract Documents and per TPDES General Construction Permit, it shall issue a written Notice of Acceptance of the Work. If the Owner determines that the Work has not been completed in accordance with the Contract Documents or TPDES General Construction Permit, then it shall provide the Contractor with a verbal or written list of items to be completed before another final inspection shall be scheduled. L. Final Payment After all Work required under the Contract Documents has been completed, inspected, and accepted, the Town shall calculate the final payment amount promptly after necessary measurements and computations are made. The final payment amount shall be calculated to: 1. include the estimate of the value of Work properly completed since the date of the most recent previous progress payment; 2. correct prior progress payments; and 3. include retainage or other amounts previously withheld that are to be returned to Contractor, if any. Final payment to the Contractor shall not be due until the Contractor provides original full releases of liens from the Contractor and its subcontractors, or other evidence satisfactory to the Owner to show that all sums due for labor, services, and materials furnished for or used in connection with the Work have been paid or shall be paid with the final payment. To ensure this result, Contractor consents to the issuance of the final payment in the form of joint checks made payable to Contractor and others. The Owner may, but is not obligated to issue final payment using joint checks. Item 10 Final payment to the Contractor shall not be due until the Contractor has supplied to the Owner original copies of all documents that the Owner determines are reasonably necessary to ensure both that the final payment amount is properly calculated and that the Owner has satisfied its obligation to administer the Construction Agreement in accordance with applicable law. The following documents shall, at a minimum, be required to be submitted prior to final payment being due: redline as-built construction plans; consent of surety to final payment; public infrastructure inventory; affidavit of value for public infrastructure; and, final change order(s). “Redline as-built construction plans” shall include, but are not limited to markups for change orders, field revisions, and quantity overruns as applicable. The list of documents contained in this provision is not an exhaustive and exclusive list for every project performed pursuant to these Contract Documents and Contractor shall provide such other and further documents as may be requested and required by the Owner to close out a particular project. Subject to the requirements of the Contract Documents, the Owner shall pay the Final Payment within thirty (30) calendar days after the date specified in the Notice of Acceptance. This provision shall apply only after all Work called for by the Contract Documents has been accepted. M. Contractor’s Warranty For a two-year period after the date specified in a written notice of acceptance of Work, Contractor shall provide and pay for all labor and materials that the Owner determines are necessary to correct all defects in the Work arising because of defective materials or workmanship supplied or provided by Contractor or any subcontractor. This shall also include areas of vegetation that did meet TPDES General Construction Permit during final close out but have since become noncompliant. Forty-five (45) to sixty (60) calendar days before the end of the two-year warranty period, the Owner may make a warranty inspection of the Work. The Owner shall notify the Contractor of the date and time of this inspection so that a Contractor representative may be present. After the warranty inspection, and before the end of the two-year warranty period, the Owner shall mail to the Contractor a written notice that specifies the defects in the Work that are to be corrected. The Contractor shall begin the remedial work within ten (10) calendar days after receiving the written notice from the Town. If the Contractor does not begin the remedial work timely or prosecute it diligently, then the Owner may pay for necessary labor and materials to effect repairs and these expenses shall be paid by the Contractor, the performance bond surety, or both. If the Owner determines that a hazard exists because of defective materials and workmanship, then the Owner may take steps to alleviate the hazard, including making repairs. These steps may be taken without prior notice either to the Contractor or its surety. Expenses incurred by the Owner to alleviate the hazard shall be paid by the Contractor, the performance bond surety, or both. Any Work performed by or for the Contractor to fulfill its warranty obligations shall be performed in accordance with the Contract Documents. By way of example only, this is to ensure that Work performed during the warranty period is performed with required insurance and the performance and payment bonds still in effect. Work performed during the two-year warranty period shall itself be subject to a one-year warranty. This warranty shall be the same as described in this section. Item 10 The Owner may make as many warranty inspections as it deems appropriate. N. Compliance with Laws The Contractor shall be responsible for ensuring that it and any subcontractors performing any portion of the Work required under the Contract Documents comply with all applicable federal, state, county, and municipal laws, regulations, and rules that relate in any way to the performance and completion of the Work. This provision applies whether or not a legal requirement is described or referred to in the Contract Documents. Ancillary/Integral Professional Services: In selecting an architect, engineer, land surveyor, or other professional to provide professional services, if any, that are required by the Contract Documents, Contractor shall not do so on the basis of competitive bids but shall make such selection on the basis of demonstrated competence and qualifications to perform the services in the manner provided by Section 2254.004 of the Texas Government Code and shall so certify to the Town the Contractor's agreement to comply with this provision with Contractor's bid. O. Other Items The Contractor shall sign the Construction Agreement, and deliver signed performance, payment and maintenance bonds and proper insurance policy endorsements (and/or other evidence of coverage) within ten (10) calendar days after the Owner makes available to the Contractor copies of the Contract Documents for signature. Six (6) copies of the Contract Documents shall be signed by an authorized representative of the Contractor and returned to the Town. The Construction Agreement "effective date" shall be the date on which the Town Council acts to approve the award of the Contract for the Work to Contractor. It is expressly provided, however, that the Town Council delegates the authority to the Town Manager or his designee to rescind the Contract award to Contractor at any time before the Owner delivers to the Contractor a copy of this Construction Agreement that bears the signature of the Town Manager and Town Secretary or their authorized designees. The purpose of this provision is to ensure: 1. that Contractor timely delivers to the Owner all bonds and insurance documents; and 2. that the Owner retains the discretion not to proceed if the Town Manager or his designee determines that information indicates that the Contractor was not the lowest responsible bidder or that the Contractor cannot perform all of its obligations under the Contract Documents. THE CONTRACTOR AGREES THAT IT SHALL HAVE NO CLAIM OR CAUSE OF ACTION OF ANY KIND AGAINST OWNER, INCLUDING A CLAIM FOR BREACH OF CONTRACT, NOR SHALL THE OWNER BE REQUIRED TO PERFORM UNDER THE CONTRACT DOCUMENTS, UNTIL THE DATE THE OWNER DELIVERS TO THE CONTRACTOR A COPY OF THE CONSTRUCTION AGREEMENT BEARING THE SIGNATURES JUST SPECIFIED. The Contract Documents shall be construed and interpreted by applying Texas law. Exclusive venue for any litigation concerning the Contract Documents shall be Collin County, Texas. Item 10 DNT RECONSTRUCTION US 380 NORTH 2018-39-B PAGE 25 Although the Construction Agreement has been drafted by the Owner, should any portion of the Construction Agreement be disputed, the Owner and Contractor agree that it shall not be construed more favorably for either party. The Contract Documents are binding upon the Owner and Contractor and shall insure to their benefit and as well as that of their respective successors and assigns. If Town Council approval is not required for the Construction Agreement under applicable law, then the Construction Agreement "effective date" shall be the date on which the Town Manager and Town Secretary or their designees have signed the Construction Agreement. If the Town Manager and Town Secretary sign on different dates, then the later date shall be the effective date. REYTECH SERVICES TOWN OF PROSPER, TEXAS By: By: HARLAN JEFFERSON Title: Title: Town Manager Date: Date: Address: P.O. Box 540252 Grand Prairie, Texas 75054 Phone: (817) 343-4792 Fax: Address: 121 W. Broadway Prosper, Texas 75078 Phone: (972) 346 - 2640 Fax: (972) 569 - 9335 ATTEST: ROBYN BATTLE Town Secretary Item 10 PERFORMANCE BOND STATE OF TEXAS ) ) COUNTY OF COLLIN ) KNOW ALL MEN BY THESE PRESENTS: That __________________ whose address is __________________________________________________________________________, hereinafter called Principal, and __________________________________________________________, a corporation organized and existing under the laws of the State of ______________________________, and fully licensed to transact business in the State of Texas, as Surety, are held and firmly bound unto the TOWN OF PROSPER, a home-rule municipal corporation organized and existing under the laws of the State of Texas, hereinafter called “Beneficiary”, in the penal sum of __________________ Dollars ($____________) plus fifteen percent (15%) of the stated penal sum as an additional sum of money representing additional court expenses, attorneys’ fees, and liquidated damages arising out of or connected with the below identified Contract in lawful money of the United States, to be paid in Collin County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. The penal sum of this Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement, which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the Town of Prosper, the Beneficiary, dated on or about the _________ day of ___________________, A.D. 20____, a copy of which is attached hereto and made a part hereof, to furnish all materials, equipment, labor, supervision, and other accessories necessary for the construction of: BID NO. 2018-39-B DNT RECONSTRUCTION US 380 NORTH in the Town of Prosper, Texas, as more particularly described and designated in the above-referenced contract such contract being incorporated herein and made a part hereof as fully and to the same extent as if written herein word for word. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Beneficiary, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion and final acceptance of the Work by Owner; and, if the Principal shall fully indemnify and save harmless the Beneficiary from and against all costs and damages which Beneficiary may suffer by reason of failure to so perform herein and shall fully reimburse and repay Beneficiary all outlay and expense which the Beneficiary may incur in Item 10 making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action were filed on this Bond, exclusive Venue shall lie in Collin County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the Plans, Specifications and Drawings, etc., accompanying the same shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work or to the Specifications. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Collin County or Dallas County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon’s Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in three copies, each one of which shall be deemed an original, this, the ________ day of ________________, 20____. ATTEST: PRINCIPAL: ___________________________________ Company Name By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Typed/Printed Name Typed/Printed Name ____________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ Phone Fax Phone Fax [Signatures continued on following page.] Item 10 ATTEST: SURETY: By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Printed Name Printed Name ____________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ Phone Fax Phone Fax The Resident Agent of the Surety in Collin County or Dallas County, Texas, for delivery of notice and service of the process is: NAME: STREET ADDRESS: CITY, STATE, ZIP: NOTE: Date on Page 1 of Performance Bond must be same date as Contract. Date on Page 2 of Performance Bond must be after date of Contract. If Resident Agent is not a corporation, give a person’s name. Item 10 PAYMENT BOND STATE OF TEXAS ) ) COUNTY OF COLLIN ) KNOW ALL MEN BY THESE PRESENTS: That __________________ whose address is ____________________________________________________________________________, hereinafter called Principal, and__________________________________________________________, a corporation organized and existing under the laws of the State of ______________________________, and fully licensed to transact business in the State of Texas, as Surety, are held and firmly bound unto the TOWN OF PROSPER, a home-rule municipal corporation organized and existing under the laws of the State of Texas, hereinafter called “Owner”, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon the building or improvements hereinafter referred to in the penal sum of ___________________________________ DOLLARS ($_______________) (one hundred percent (100%) of the total bid price) in lawful money of the United States, to be paid in Collin County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. The penal sum of this Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement, which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the Town of Prosper, the Owner, dated on or about the __________ day of _________________, A.D. 20___, a copy of which is attached hereto and made a part hereof, to furnish all materials, equipment, labor, supervision, and other accessories necessary for the construction of: BID NO. 2018-39-B DNT RECONSTRUCTION US 380 NORTH NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in the above-referenced Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modification to the Surety is hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action were filed on this Bond, exclusive venue shall lie in Collin County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work performed thereunder, or the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. Item 10 This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Collin County or Dallas County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon’s Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in three copies, each one of which shall be deemed an original, this, the _______ day of _________________, 20___. ATTEST: PRINCIPAL: ___________________________________ Company Name By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Typed/Printed Name Typed/Printed Name ____________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ Phone Fax Phone Fax [Signatures continued on following page.] Item 10 ATTEST: SURETY: By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Printed Name Printed Name ____________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ Phone Fax Phone Fax The Resident Agent of the Surety in Collin County or Dallas County, Texas, for delivery of notice and service of the process is: NAME: STREET ADDRESS: CITY, STATE, ZIP: NOTE: Date on Page 1 of Performance Bond must be same date as Contract. Date on Page 2 of Performance Bond must be after date of Contract. If Resident Agent is not a corporation, give a person’s name. Item 10 MAINTENANCE BOND STATE OF TEXAS ) ) COUNTY OF COLLIN ) KNOW ALL MEN BY THESE PRESENTS: That _______________________________ whose address is________________________________________________, hereinafter referred to as “Principal,” and ___________________________________, a corporate surety/sureties organized under the laws of the State of ____________ and fully licensed to transact business in the State of Texas, as Surety, hereinafter referred to as “Surety” (whether one or more), are held and firmly bound unto the TOWN OF PROSPER, a Texas municipal corporation, hereinafter referred to as “Owner,” in the penal sum of ___________________________________ DOLLARS ($_______________) (one hundred percent (100%) of the total bid price), in lawful money of the United States to be paid to Owner, its successors and assigns, for the payment of which sum well and truly to be made, we bind ourselves, our successors, heirs, executors, administrators and successors and assigns, jointly and severally; and firmly by these presents, the condition of this obligation is such that: WHEREAS, Principal entered into a certain written Contract with the Town of Prosper, dated on or about the _____ day of ________________________, 20____, to furnish all permits, licenses, bonds, insurance, products, materials, equipment, labor, supervision, and other accessories necessary for the construction of: BID NO. 2018-39-B DNT RECONSTRUCTION US 380 NORTH in the Town of Prosper, Texas, as more particularly described and designated in the above- referenced contract, such contract being incorporated herein and made a part hereof as fully and to the same extent as if written herein word for word: WHEREAS, in said Contract, the Principal binds itself to use first class materials and workmanship and of such kind and quality that for a period of two (2) years from the completion and final acceptance of the improvements by Owner the said improvements shall require no repairs, the necessity for which shall be occasioned by defects in workmanship or materials and during the period of two (2) years following the date of final acceptance of the Work by Owner, Principal binds itself to repair or reconstruct said improvements in whole or in part at any time within said period of time from the date of such notice as the Town Manager or his designee shall determine to be necessary for the preservation of the public health, safety or welfare. If Principal does not repair or reconstruct the improvements within the time period designated, Owner shall be entitled to have said repairs made and charge Principal and/or Surety the cost of same under the terms of this Maintenance Bond. NOW, THEREFORE, if Principal will maintain and keep in good repair the Work herein contracted to be done and performed for a period of two (2) years from the date of final acceptance and do and perform all necessary work and repair any defective condition (it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work or labor performed by Principal) then this obligation shall be void; otherwise it shall remain in full force and effect and Owner shall have and recover from Principal and its Surety damages in the premises as provided in the Plans and Specifications and Contract. Item 10 PROVIDED, however, that Principal hereby holds harmless and indemnifies Owner from and against any claim or liability for personal injury or property damage caused by and occurring during the performance of said maintenance and repair operation. PROVIDED, further, that if any legal action be filed on this Bond, exclusive venue shall lie in Collin County, Texas. AND PROVIDED FURTHER, Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work performed thereunder, or the Plans, Specifications, Drawings, etc. accompanying same shall in any way affect its obligation on this Bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder. The undersigned and designated agent is hereby designated by Surety as the resident agent in either Collin or Dallas Counties to whom all requisite notice may be delivered and on whom service of process may be had in matters arising out of this suretyship. IN WITNESS WHEREOF, this instrument is executed in three copies, each one of which shall be deemed an original, on this the _____ day of ____________, 20____. ATTEST: PRINCIPAL: ___________________________________ Company Name By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Typed/Printed Name Typed/Printed Name ____________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ Phone Fax Phone Fax [Signatures continued on following page.] Item 10 ATTEST: SURETY: By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Printed Name Printed Name ____________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ Phone Fax Phone Fax Item 10 GENERAL CONDITIONS GC.01 PURPOSE: The General Conditions contained herein set forth conditions or requirements common to this Contract and all other construction contracts issued by the Town of Prosper. GC.02 DEFINITIONS: The following words and expressions, or pronouns used in their place, shall wherever they appear in this Contract, be construed as follows, unless a different meaning is clear from the context: CALENDAR DAY: Any days of the week or month, no days being excepted. CONTRACT DOCUMENTS: All of the written, printed, typed, and drawn instruments that comprise and govern the performance of the contract as defined by the Construction Agreement. ENGINEER: The ENGINEER of the OWNER or his designee. EXTRA WORK: Work required by the OWNER other than that which is expressly or impliedly required by the Contract Documents at the time of execution of the Contract. HOLIDAYS: The ten official holidays observed are New Year's Day, Martin Luther King Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day After Thanksgiving Day, Christmas Eve, and Christmas Day. If a holiday falls on a Saturday, it shall be observed on the preceding Friday. If a holiday falls on a Sunday, it shall be observed on the following Monday. OWNER: The Town of Prosper, Texas, acting through the Town Manager under authority granted by the Town Council. OWNER'S REPRESENTATIVE: The Executive Director of Development and Community Services of the Town of Prosper or his designee. SUB-CONTRACTOR: Any persons, firm or corporation, other than employees of the CONTRACTOR, who or which contracts with the CONTRACTOR to furnish, or who actually furnishes, labor and/or materials and equipment at or about the site. SUBSTANTIALLY COMPLETE: The condition upon which the Work has been made suitable for use and may serve its intended purpose but may still require minor miscellaneous work and adjustment. WORK: All work to be performed by the CONTRACTOR under the terms of the Contract, including the furnishing of all materials, supplies, machinery, equipment, tools, superintendence, labor, submittals, services, insurance, permits, certificates, licenses, and all water, light, power, fuel, transportation, facilities, and other incidentals. WRITTEN NOTICE: Notice required by the Contract shall be served concurrently to the OWNER'S REPRESENTATIVE, ENGINEER, and/or CONTRACTOR. Item 10 Notice delivered by mail shall be effective on the postmark date, notice delivered by hand shall be effective the date of delivery, and notice delivered by facsimile or e-mail shall be effective the date of transmission, provided that any notice served after 5 PM or on a weekend or holiday shall be effective the following business day. GC.03 GENERAL RESPONSIBILITIES AND UNDERSTANDINGS: (a) Intent of Contract Documents: The intent of the Contract Documents is to prescribe a complete work or improvement, which the CONTRACTOR undertakes to do in full compliance with the plans, specifications, special provisions, proposal and contract. The CONTRACTOR shall do all work as provided in the plans, specifications, special provisions, proposal and contract, and shall do such additional extra work as may be considered necessary to complete the work in satisfactory and acceptable manner. The CONTRACTOR shall furnish all labor, tools, materials, machinery, equipment and incidentals necessary to the satisfactory prosecution and completion of the work. (b) No Waiver of Legal Right: Inspection by the OWNER or ENGINEER, any order, measurement, or certificate by OWNER or ENGINEER, any order by the OWNER for payment of money, any payment for or acceptance of any work, or any extension of time, or any possession taken by the OWNER, shall not operate as a waiver of any provisions of the Contract Documents or any power therein reserved to the OWNER of any rights or damages therein provided. Any waiver of any breach of contract shall not be held to be a waiver of any other subsequent breach. The OWNER deserves the right to correct any error that may be discovered in any estimate that may have been paid and to adjust the same to meet the requirements of the contract and specifications. The OWNER reserves the right to claim and recover by process of law sums as may be sufficient to correct any error or make good any deficiency in the work resulting from such error, dishonesty or collusion, upon the conclusive proof of collusion or dishonesty by the CONTRACTOR or his agents and the ENGINEER or his assistants, discovered in the work after the final payment has been made. (c) Changes and Alterations: The CONTRACTOR further agrees that the OWNER or ENGINEER may make such changes and alterations as the OWNER may see fit, in the line, grade, form, dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompany Performance and Payment Bonds. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages for anticipated profits on the work that may be dispensed with. If the amount of work is increased, such additional work shall be paid for as provided under Extra Work. In case the OWNER shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the OWNER shall recompense the CONTRACTOR for any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally planned. Item 10 (d) Discrepancies and Omissions: It is further agreed that it is the intent of this contract that all work must be done and all material must be furnished in accordance with the generally accepted practice, and in the event of any discrepancies between the separate contract documents, the priority of interpretation defined by the Construction Agreement shall govern. In the event that there is still any doubt as to the meaning and intent of any portion of the contract, specifications or drawings, the ENGINEER shall define which is intended to apply to the work. (e) Plans and Specifications: The OWNER shall furnish the CONTRACTOR with an adequate and reasonable number of copies of all plans and specifications without expense to him, and the CONTRACTOR shall keep one copy of the same constantly accessible on the work, with the latest revisions noted thereon. (f) Ownership of Drawings: All drawings, specifications and copies thereof furnished by the OWNER shall not be reused on other work, and, with the exception of the signed contract sets, are to be returned to him on request, at the completion of the work. All models are the property of the OWNER. (g) Adequacy of Design: It is understood that the OWNER believes it has employed competent engineers and designers. It is, therefore, agreed that, as to the CONTRACTOR only, the OWNER shall be responsible for the adequacy of the design, sufficiency of the Contract Documents, and the practicability of the operations of the completed project; provided the CONTRACTOR has complied with the requirements of the said Contract Documents, all approved modifications thereof, and additions and alterations thereto approved in writing by the OWNER. The burden of proof of such compliance shall be upon the CONTRACTOR to show that he has complied with the said requirements of the Contract Documents, approved modifications thereof and all approved additions and alterations thereto. (h) Line and Grade: The ENGINEER will furnish control benchmarks for the construction of the Work. The CONTRACTOR shall use the control benchmarks and data shown on the drawings. No construction staking will be provided by the ENGINEER or owner for this project. Any restaking, and all construction staking, required shall be at the sole cost of the CONTRACTOR. (i) Right of Way and Easements: The OWNER will obtain all necessary right of ways and easements required for the completion of the Work. No work shall be undertaken on nor shall men, tools, equipment, or other supplies occupy any ground outside right of ways and easements. If Contractor wants to work outside right of ways and easements and is able to make an agreement with the Property Owner, then the agreement should be documented and signed by the Property Owner and CONTRACTOR with a copy submitted to the OWNER before work off the easement commences. The OWNER will obtain permits and/or license agreements necessary for work to be performed on right of ways or easements owned by other agencies including, but not limited to, the Texas Departments of Transportation, North Texas Tollway Authority, BNSF Railway, and utility companies. The CONTRACTOR shall comply with the conditions of these permits and/or license agreements as if they were a part of the Contract Documents. Item 10 (j) Existing Utilities and Structures: The location of existing utilities shown on the plans are based on the interpretation of the best available information and are not warranted by the OWNER or ENGINEER. It shall be the responsibility of the CONTRACTOR to verify and/or locate the various locations of pertinent utilities prior to or during construction. If any utility or irrigation system is broken by the Contractor, it shall be the responsibility of the CONTRACTOR to repair, at his own expense, the damaged line and restore it to its functional use. (k) Right of Entry: The OWNER reserves the right to enter the property or location on which the works herein contracted for are to be constructed or installed, by such agent or agents as he may elect, for the purpose of inspecting the work, or for the purpose of constructing or installing such collateral work as said OWNER may desire. The CONTRACTOR shall conduct his work so as not to impede unnecessarily any work being done by others on or adjacent to the site. (l) Collateral Contracts: The OWNER agrees to provide by separate contract or otherwise, all labor and material essential to the completion of the work specifically excluded from this contract, in such manner as not to delay the progress of the work or damage said CONTRACTOR, except where such delays are specifically mentioned elsewhere in the Contract Documents. (m) Objections and Determinations: The ENGINEER shall determine all claims disputes and other matters in question between the CONTRACTOR and the OWNER relating to the execution or progress of the work or the interpretation of the Contract Documents. The ENGINEER'S decision shall be rendered in writing within a reasonable time and shall be binding. (n) Owner-Engineer Relationship: The duties, responsibilities and limitations of authority of the ENGINEER during construction are as set forth in the Contract Documents and shall not be extended or limited without written consent of the OWNER and ENGINEER. The ENGINEER will advise and consult with the OWNER, and OWNER'S instructions to the CONTRACTOR may be issued through the ENGINEER as if they were issued by the OWNER directly. GC.04 CONTRACTOR RESPONSIBILITIES: (a) Contractor Independence: The CONTRACTOR is and at all times shall remain an independent contractor, solely responsible for the manner and method of completing his work under this contract, with full power and authority to select the means, method and manner of performing such work, so long as such methods do not adversely affect the completed improvements, the OWNER and ENGINEER being interested only in the result obtained and conformity of such completed improvements to the Contract Documents. (b) Assignment and Subletting: The CONTRACTOR agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract and that he will not assign by Power of Attorney, or otherwise, or sublet said contract without the written consent of the OWNER or ENGINEER, and that no part or feature of the work will be sublet to anyone objectionable to the ENGINEER or the OWNER. The CONTRACTOR further agrees that the subletting of any portion or feature of the work, or materials required in the performance of this Item 10 contract, shall not relieve the CONTRACTOR from his full obligations to the OWNER, as provided by this Agreement. (c) Contractor’s Understanding: It is understood and agreed that the CONTRACTOR has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work under this contract. No verbal agreement or conversation with any officer, agent or employee of the OWNER or ENGINEER, either before or after the execution of this contact, shall affect or modify any of the terms or obligations herein contained. (d) Duty of Contractor: The CONTRACTOR shall be solely responsible for the safety of himself, his employees and other persons, as well as for the protection of the safety of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. CONTRACTOR shall be fully and completely liable, at his own expense, for design, construction, installation and use, or non-use, of all items and methods incident to performance of the contract, and for all loss, damage or injury incident thereto, either to person or property, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, and similar items or devices used by him during construction (e) Supervision by Contractor: The CONTRACTOR shall give adequate attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants. The superintendent shall represent the CONTRACTOR in his absence and all directions given to him shall be as binding as if given to the CONTRACTOR. (f) Character of Workmen: The CONTRACTOR agrees to employ only orderly and competent men, skillful in the performance of the type of work required under this contract, to do the work; and agrees that whenever the OWNER or ENGINEER shall inform him in writing that any man or men on the work are, in his opinion, incompetent, unfaithful or disorderly, such man or men shall be discharged from the work and shall not again be employed on the work without the OWNER’S or ENGINEER'S written consent. (g) Contractor’s Buildings: The building of structures or the erection of tents or other forms of protection will be permitted only for use as temporary office space or for storage of materials, equipment, and supplies and only at such places as the OWNER or ENGINEER shall direct, and the sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the OWNER or ENGINEER. At no time shall employees or agents of the CONTRACTOR occupy such facilities except in conjunction with performance of the Work. (h) Protection of Site: The Contractor shall protect all structures, walks, pipe lines, trees, shrubbery, lawns and other improvements during the progress of his work and shall remove from the site all debris and unused materials. Item 10 (i) Sanitation: Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the CONTRACTOR in such manner and at such points as shall be approved by the OWNER or ENGINEER, and their use shall be strictly enforced. (j) Equipment, Materials, and Construction Plant: The CONTRACTOR shall be responsible for the care, preservation, conservation, protection and replacement of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, all means of construction, and any and all parts of the work, whether the CONTRACTOR has been paid, partially paid, or not paid for such work, or whether OWNER has taken possession of completed portions of such work, until the entire work is completed and accepted. (k) Losses from Natural Causes: Unless otherwise specified, all loss or damage to the CONTRACTOR arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance in the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the CONTRACTOR at his own cost and expense. GC.05 PROTECTION OF PERSONS AND PROPERTY: (a) Protection Against Claims: If any person files a claim against the OWNER, OWNER’s Agent or CONTRACTOR for personal injury or property damage resulting from, arising out of, or caused by, the operations of the CONTRACTOR, or any Work within the limits of the Project, the CONTRACTOR must either submit to the OWNER a duly executed full release within thirty (30) calendar days from the date of written claim, or immediately report the claim to his liability insurance carrier for their action in adjusting the claim. If the CONTRACTOR fails to comply with this provision within the stipulated time limit, it will be automatically deemed that the CONTRACTOR has appointed the OWNER as its irrevocable Attorney In Fact authorizing the OWNER to report the claim directly with the CONTRACTOR’s liability insurance carrier. This provision is in and of itself a Power of Attorney from the CONTRACTOR to the OWNER, which authorizes the OWNER to take said action on behalf of the CONTRACTOR without the necessity of the execution of any other document. If the CONTRACTOR fails to comply with the provisions of this item, the OWNER, at its own discretion, may terminate this contract or take any other actions it deems appropriate. Any payment or portion thereof due the CONTRACTOR, whether it is a final payment, progress payment, payment out of retainage or refund payment may be withheld by the OWNER. Bankruptcy, insolvency or denial of liability by the CONTRACTOR’s insurance carrier shall not exonerate the CONTRACTOR from liability. As a result of the additional work created to OWNER due to non-response of claims for damages by CONTRACTOR to third parties, CONTRACTOR shall incur penalties for failure to abide by this Special Condition. The CONTRACTOR shall respond to the claimant in writing regarding the status of the claim, including whether CONTRACTOR disputes the claim, wishes to settle, or will notify its liability insurance carrier regarding the claim. CONTRACTOR will be assessed a penalty by OWNER of $75.00 per claim, for its failure to respond to Item 10 the claimant as described above within thirty (30) calendar days of its written notice of claim by the City. To ensure CONTRACTOR compliance, the OWNER shall be notified, by copied correspondence of responses or settlement by CONTRACTOR. (b) Protection Against Accidents to Employees and the Public: The CONTRACTOR shall at all times exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provisions of Federal, State, and Municipal safety laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of the Associated General contractors of America except where incompatible with Federal, State, or Municipal laws or regulations. The CONTRACTOR shall provide such machinery guards, safe walkways, ladders, bridges, gangplanks, and other safety devices. The safety precautions actually taken and their adequacy shall be the sole responsibility of the CONTRACTOR, acting at his discretion as an independent contractor. (c) Protection of Adjoining Property: The CONTRACTOR shall take proper means to communicate with the adjacent or adjoining property owners and protect the adjacent or adjoining property or properties in any way encountered, which might be injured or seriously affected by any process of construction to be undertaken under this Agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjoining property. (d) Protection Against Royalties or Patented Invention: The CONTRACTOR shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the patentee or owner. (e) Threats to Persons or Property: The CONTRACTOR shall respond promptly to any imminent threat to persons or property arising from or in relation to performance of the Work. Failure to promptly correct any threat to persons or property may result in a temporary suspension of work until such time as the threat is resolved. GC.06 PROSECUTION AND PROGRESS: (a) Time and Order of Completion: It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the CONTRACTOR shall be allowed to prosecute his work in such manner as shall be most conducive to economy of construction; provided however, that the order and the time of prosecution shall be such that the work shall be Substantially Completed as a whole and in part in accordance with this contract, the plans and specifications, and within the time of completion designated in the Proposal; provided, also, that when the OWNER is having other work done, either by contract or by his own force, the ENGINEER may direct the time and manner of constructing the work done under this contract, so that conflict will be avoided and the construction of the various works being done for the OWNER shall be harmonized. Item 10 The CONTRACTOR shall submit prior to beginning work, with each pay estimate, and at other such times as may reasonably be requested by the OWNER or ENGINEER, schedules which shall show the order in which the CONTRACTOR proposes to carry on the work, with dates at which the CONTRACTOR will start the several parts of the work, and estimated dates of completion of the several parts. (b) Working Hours: Permissible working hours are 7:00 AM to 7:00 PM Monday through Saturday, excluding holidays. Working hours are enforced by the Town of Prosper Police Department. Any variance to these working hours must be requested by the CONTRACTOR in writing at least two weeks in advance and will require approval from the OWNER upon positive recommendation of the ENGINEER. (c) Extension of Time: Should the CONTRACTOR be delayed in the completion of the work by any act or neglect of the OWNER or ENGINEER, or of any employee of either, or by other contractors employed by the OWNER, or by changes ordered in the work, or by strikes, lockouts, fires, and unusual delays by common carriers, or uncontrollable cause or causes beyond the CONTRACTOR'S control, and the OWNER and ENGINEER decides such cause justifies the delay, then an extension of time sufficient to compensate for the delay as determined by the OWNER or ENGINEER shall be allowed for completing the work; provided, however, that the CONTRACTOR shall give the OWNER or ENGINEER prompt notice in writing of the cause of such delay. (d) Hindrances and Delays: No claims shall be made by the CONTRACTOR for damages resulting from hindrances or delays from any cause (except where the work is stopped by order of the OWNER) during the progress of any portion of the work embraced in this contract. In case said work shall be stopped by the act of the OWNER, then such expense as in the judgment of the ENGINEER is caused by such stoppage of said work shall be paid by the OWNER to the CONTRACTOR. (e) Liquidated Damages: The time of completion is of the essence for this Contract. For each day that any work shall remain uncompleted after the time specified in the Contract or in an executed Change Order, including milestone completion dates, substantial completion, and final completion, the OWNER may deduct the following sum from monies due to the CONTRACTOR for each day the work remains uncompleted: GC.07 Amount of Contract Amount of Liquidated Damages Less than $50,000 $100 per day $50,000 to $100,000 $150 per day $100,000 to $500,000 $200 per day $500,000 to $1,000,000 $250 per day $1,000,000 to $5,000,000 $500 per day Greater than $5,000,000 $750 per day Item 10 GC.08 CONTROL OF WORK AND MATERIAL: (a) Shop Drawings and Submittals: The CONTRACTOR shall submit to the OWNER or ENGINEER, with such promptness as to cause no delay in his own work or in that of any other contractor, four (4) checked copies, unless otherwise specified, of all shop and/or setting drawings and schedules required for the work of the various trades, and the OWNER or ENGINEER shall pass upon them with reasonable promptness, noting desired corrections. The CONTRACTOR shall make any corrections required by the OWNER or ENGINEER, file with him two corrected copies and furnish such other copies as may be needed. The OWNER’S or ENGINEER'S approval of such drawings or schedules shall not relieve the CONTRACTOR from responsibility for deviations from drawings or specifications, unless he has in writing called the OWNER’S or ENGINEER'S attention to such deviations at the time of submission, nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules. It shall be the CONTRACTOR'S responsibility to fully and completely review all shop drawings to ascertain their effect on his ability to perform the required contract work in accordance with the plans and specifications and within the contract time. Such review by the OWNER or ENGINEER shall be for the sole purpose of determining the sufficiency of said drawings or schedules to result in finished improvements in conformity with the plans and specifications, and shall not relieve the CONTRACTOR of his duty as an independent contractor as previously set forth, it being expressly understood and agreed that the OWNER or ENGINEER does not assume any duty to pass upon the propriety or adequacy of such drawings or schedules, or any means or methods reflected thereby, in relation to the safety of either person or property during CONTRACTOR'S performance hereunder. (b) Temporary Traffic Control: Where the Work is carried on, in or adjacent to any road, alley, sidewalk, trail, or other public space, the CONTRACTOR shall at his own cost and expense furnish, erect and maintain temporary traffic control devices and shall take such other precautionary measures for the protection of persons or property and of the Work as are necessary. A sufficient number and arrangement of temporary traffic control devices shall be erected to keep vehicles and persons from entering on or into any work under construction. The CONTRACTOR's responsibility for the maintenance of barricades, signs and lights, and for providing watchmen, shall not cease until the project has been accepted by the Owner. All temporary traffic control devices shall be clearly visible at all times of day and night. Signs and barricades shall constructed of retro-reflective sheeting, and cones and other channelizing devices shall have retro-reflective banding. All temporary traffic control devices shall comply with and have the meanings prescribed by the Texas Manual of Uniform Traffic Control Devices. The Contractor shall at all times coordinate the closing of any section of road, alley, sidewalk, trail, or other public space with the OWNER or ENGINEER. When such a closing is anticipated to have a duration longer than one (1) hour, the CONTRACTOR shall submit a traffic control plan at least 72 hours in advance to the OWNER or ENGINEER for review and approval. Item 10 The CONTRACTOR shall be held responsible for all damage to the Work due to failure of barricades, signs, to protect it, and whenever evidence is found of such damage, the OWNER or ENGINEER may order the damaged portion immediately removed and replaced by the CONTRACTOR at his cost and expense. (c) Public Convenience: Materials stored about the Work shall be so placed, and the Work shall at all times to be so conducted, as to cause no greater obstruction to the traveling public than is considered necessary by the OWNER. The CONTRACTOR shall make provisions at all roads, alleys, sidewalks, trails, and private driveways for the free passage of pedestrians and vehicles provided that where free passage is impractical or unnecessary in the opinion of the OWNER, the CONTRACTOR may make arrangements satisfactory to the OWNER for the diversion of traffic and shall, at his own expense, provide all material and perform all work necessary for the construction and maintenance of such diversions. The materials excavated, and the construction materials or plant used in the construction of the W ork, shall be placed so as not to endanger the W ork or prevent free access to all public and private utilities and related appurtenances. The OWNER reserves the right to remedy any neglect on the part of the CONTRACTOR as regards to the public convenience and safety which may come to its attention after twenty-four (24) hours notice in writing the CONTRACTOR, save in cases of emergency, when it shall have the right to remedy any neglect without notice; and in either case, the cost of such work done by the OWNER shall be deducted from monies due or to become due to the Contractor. (d) Testing of Materials: Testing and inspection of materials required by the specifications shall be performed by a commercial testing laboratory selected by the CONTRACTOR and approved by the OWNER. Except as otherwise noted, the costs of laboratory tests will be paid by the CONTRACTOR, including any materials or specimens for testing. Any testing of material or workmanship required due to failure will be paid for by the CONTRACTOR. This payment will be made direct to the testing laboratory by the CONTRACTOR. The CONTRACTOR shall furnish at his own expense, suitable evidence that the materials he proposes to incorporate into the work are in accordance with the specifications. Mill tests for reinforcing steel and cement will be acceptable if it is definite that the test sheets apply to the material being furnished. Manufacturer's or supplier's test results will be acceptable for such items as pipe, valves, hydrants when it is definite that the material being furnished is in accordance with the manufacturer's or supplier's specifications to which the test results apply. Supplier's evidence of quality and gradation of asphaltic material will be acceptable as long as the material is secured from the sources to which the evidence applies. Should the CONTRACTOR fail to provide the above information, or should the validity of the above information be called into question, the OWNER shall have the right to require tests to be made by the OWNER's laboratory to obtain this information and the cost therefore shall be borne by the CONTRACTOR or deducted from monies owed by the OWNER to the CONTRACTOR. (e) Trench Excavation Protection: It is the sole duty, responsibility, and prerogative of the CONTRACTOR, not the OWNER or ENGINEER, to determine the specific Item 10 applicability of a trench safety system to each field condition encountered on the project as required by Part 1926, Sub-part P-Excavations, Trenching, and Shoring of the Occupational Safety and Health Administration's Standards and Interpretations. It will be the Contractor's responsibility to identify the soil type and to accurately adjust his trench safety methods according to the OSHA requirements. (f) Explosives: The use of explosives shall not be permitted. GC.09 INSPECTION AND ACCEPTANCE: (a) Inspection of Work: Inspection will be performed by representatives of the OWNER, ENGINEER, other reviewing agencies, and their designees. It is the intent of the OWNER to inspect all work on this project. The CONTRACTOR is responsible for verifying with the OWNER, ENGINEER, or other reviewing agencies when an inspector is and is not required. The CONTRACTOR shall furnish the OWNER, ENGINEER, other reviewing agencies, and their designees reasonable access and facilities for inspecting the Work and determining whether or not the Work is in accordance with the Contract Documents The CONTRACTOR shall be responsible for all costs associated with verifying the acceptability of work completed without proper inspection, as directed by the OWNER, ENGINEER, or other reviewing agency. If deemed to be unacceptable, the work may be ordered removed at the CONTRACTOR's expense. (b) Inspection Overtime: The OWNER and ENGINEER will provide inspection staff on weekdays between 8:00 AM and 5:00 PM. Inspection performed outside these hours or on weekends or holidays may be subject to an inspection overtime fee determined by the OWNER and ENGINEER. The CONTRACTOR is responsible for determining inspection overtime rules of other reviewing agencies. (c) Use of Completed Portions: The OWNER shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding the time for completing the entire work or such portions may not have expired. Such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents, nor shall the risk of loss change from CONTRACTOR to OWNER. If such prior use increases the cost of or delays the work, the CONTRACTOR shall be entitled to such extra compensation, or extension of time, or both, as the OWNER or ENGINEER may determine. (d) Defects and their Remedies: If the Work or any portion thereof, or any material brought on the site of the Work for use in the Work or selected for the same, shall be deemed by the OWNER or ENGINEER as unsuitable or not in conformity with the specifications, the CONTRACTOR shall, after receipt of written notice thereof from the OWNER or ENGINEER, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. (e) Preliminary Final Inspection: Upon substantial completion of the Work, the CONTRACTOR shall request a preliminary final inspection of the Work by representatives of the OWNER, ENGINEER, and other reviewing agencies. The Item 10 OWNER or ENGINEER will provide written notice of any defects to the CONTRACTOR and the CONTRACTOR shall promptly remedy such defects in accordance with the Contract Documents. (f) Final Inspection: Upon completion of all items identified on the punch list, the CONTRACTOR shall request a final inspection of the Work by representatives of the OWNER, ENGINEER, and other reviewing agencies. If additional defects are noted, the CONTRACTOR shall promptly remedy such defects and repeat this process. If the Work is found to be acceptable, the OWNER or ENGINEER will provide written notice of Completion of the Work to the CONTRACTOR. (g) Acceptance: Upon Completion, the CONTRACTOR shall submit to the OWNER or ENGINEER such documentation as is necessary to insure that the work has been completed, subcontractors and suppliers have been paid, any claims received have been settled, and other documentation as required by the OWNER or ENGINEER. If the documentation is found to be acceptable, the OWNER or ENGINEER will issue a written notice of Acceptance of the Work to the CONTRACTOR. GC.10 MEASUREMENT AND PAYMENT: (a) Estimated Quantities: The quantities of each item on the bid proposal blank represent the approximate amount of work to be done. Final quantities actually built will be determined and paid for by actual measurements on the ground of the final work completed. Bidders are especially notified that no incidental items of work will be paid for unless there appears an item in the proposal blank for such work. It must be strictly understood that the prices bid are for complete and acceptable work. (b) Measurement: Quantities of individual items of work shall be based on the final, in- place quantity of the item of work, measured or computed using the units specified in the Proposal. Where a discrepancy in measured or computed quantities occurs among the OWNER, ENGINEER, and CONTRACTOR, the parties attempt to reconcile the discrepancy. If no reconciliation is possible, the determination of the ENGINEER shall be used. (c) Progress Payments: As close as practical to the end of each month in which work has been performed, the CONTRACTOR shall prepare and submit to the OWNER an application for payment showing as completely as practicable the total value of the work done by the CONTRACTOR up to and including the last day immediately preceding the date of such application and the value of all sound materials delivered on the site of the work that are to be fabricated into the work. The OWNER'S REPRESENTATIVE and/or ENGINEER shall promptly review CONTRACTOR'S application for payment, shall either approve or modify the total value of the work done by CONTRACTOR and the value of materials delivered on the site, and shall submit to OWNER such application for payment as approved or modified with OWNER’S REPRESENTATIVE'S and/or ENGINEER'S recommendation affixed thereto within ten (10) business days following the receipt of the application from CONTRACTOR. Item 10 The OW NER shall pay the CONTRACTOR within thirty (30) days following receipt of the application from CONTRACTOR, less any amount held for retainage or outstanding claims or defective work. (d) Payment Withheld: The OWNER may withhold any payment otherwise due to the CONTRACTOR. The amount of any withheld payment shall be as necessary to protect the OWNER's interest in the following circumstances: (i) unsatisfactory progress of the Work within the CONTRACTOR's control; (ii) reasonable doubt that the Work can be completed for the unpaid balance; (iii) failure of the CONTRACTOR to carry out orders of the OWNER; (iv) defective work not remedied; (v) the filing of a claim against the CONTRACTOR or reasonable evidence that a claim will be filled against the CONTRACTOR; (vi) failure of the CONTRACTOR to make payment to subcontractors or suppliers for material and labor used in performance of the Work; (vii) unsafe working conditions or threats to persons or property allowed to persist by the CONTRACTOR; (viii) failure of the CONTRACTOR to provide work schedules, invoices, or other records requested by the OWNER; (ix) use of subcontractors without the consent of the ENGINEER or OWNER; (x) or, failure of the CONTRACTOR to keep current redline as-built drawings at the job site or to turn redline as-built drawings over to the OWNER. GC.11 EXTRA WORK AND CLAIMS: (a) Change Orders: Without invalidating this Agreement, the OWNER may, at any time or from time to time, order additions, deletions or revisions to the work; such changes will be authorized by written Change Order prepared by the OWNER for execution by the CONTRACTOR. The Change Order shall set forth the basis for any change in contract price, as hereinafter set forth for Extra Work, and any change in contract time which may result from the change. In the event the CONTRACTOR shall refuse to execute a Change Order which has been prepared by the OWNER, the OWNER may in writing instruct the CONTRACTOR to proceed with the work as set forth in the Change Order and the CONTRACTOR may make claim against the OWNER for Extra Work involved therein, as hereinafter provided. (b) Minor Changes: The OWNER or ENGINEER may authorize minor changes in the work not inconsistent with the overall intent of the Contract Documents and not involving an increase in Contract Price. If the CONTRACTOR believes that any minor change or alteration authorized by the OWNER or ENGINEER involves Extra Work and entitles him to an increase in the Contract Price, the CONTRACTOR shall make written request to the OWNER or ENGINEER for a written Field Order. Any request by the CONTRACTOR for a change in Contract Price shall be made in writing in accordance with the provisions of this section prior to beginning the work covered by the proposed change. Item 10 (c) Extra Work: It is agreed that the basis of compensation to the CONTRACTOR for work either added or deleted by a Change Order or for which a claim for Extra Work is made shall be determined by one or more of the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) nor Method (B) be agreed upon before the Extra Work is commenced, then the CONTRACTOR shall be paid the "actual field cost" of the work, plus fifteen (15) percent. In the event said Extra Work be performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost to the CONTRACTOR of all workmen, such as foreman, timekeepers, mechanics and laborers, and materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such Extra Work, plus actual transportation charges necessarily incurred, together with all power, fuel, lubricants, water and similar operating expenses, also all necessary incidental expenses incurred directly on account of such Extra Work, including Social Security Old Age Benefits and other payroll taxes, and, a rateable proportion of premiums on Performance and Payment Bonds and Maintenance Bonds, Public Liability and Property Damage and Workmen's Compensation, and all other insurance as may be required by any law or ordinance, or directed by the OWNER, or by them agreed to. The OWNER or ENGINEER may direct the form in which accounts of the "actual field cost" shall be kept and the records of these accounts shall be made available to the OWNER or ENGINEER. The OWNER or ENGINEER may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise these matters shall be determined by the CONTRACTOR. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100 percent, unless otherwise specified, of the latest schedule of Equipment Ownership Expense adopted by the Associated General Contractors of America. Where practicable the terms and prices for the use of machinery and equipment shall be incorporated in the written Change Order. The fifteen percent (15%) of the "actual field cost" to be paid the CONTRACTOR shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the "actual field cost" as herein defined; save that where the CONTRACTOR'S Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for Extra Work of any kind will be allowed unless ordered in writing by the OWNER or ENGINEER. In case any orders or instructions, either oral or written, appear to the CONTRACTOR to involve Extra Work for which he should receive compensation or an adjustment in the construction time, he shall make written request to the OWNER or ENGINEER for written order authorizing such Extra Work. Should a difference of opinion arise as to what does or does not constitute Extra Work, or as to the payment therefore, and the OWNER or ENGINEER insists upon its performance, the CONTRACTOR shall proceed with the work after making written request for written order and shall keep an accurate account of the "actual field cost" thereof, as provided under Method (C). The CONTRACTOR will Item 10 thereby preserve the right to submit the matter of payment to a court of general jurisdiction to decide the matter, otherwise the CONTRACTOR shall waive all claims for payment for Extra W ork. GC.12 CONTRACT TERMINATION (a) Abandonment by CONTRACTOR: In case the CONTRACTOR should abandon and fail or refuse to resume work within ten (10) days after written notification from the OWNER or ENGINEER, or if the CONTRACTOR fails to comply with the orders of the OWNER or ENGINEER, when such orders are consistent with the Contract Documents, then, and in that case, where performance and payment bonds exist, the Sureties on these bonds shall be notified in writing and directed to complete the work, and a copy of said notice shall be delivered to the CONTRACTOR. After receiving said notice of abandonment, the CONTRACTOR shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under contract for the work, may be held for use on the work by the OWNER or the Surety on the performance bond, or another contractor in completion of the work; and the CONTRACTOR shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under Section 6, Extra Work and Claims), it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for, within ten (10) days after service of such notice, then the OWNER may provide for completion of the work in either of the following elective manners: The OWNER may employ such force of men and use such machinery, equipment, tools, materials and supplies as said OWNER may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said CONTRACTOR, and expense so charged shall be deducted and paid by the OWNER out of such moneys as may be due, or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the CONTRACTOR, then said CONTRACTOR shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said CONTRACTOR, then the CONTRACTOR and/or his Surety shall pay the amount of such excess to the OWNER; or The OWNER under sealed bids, after five (5) days’ notice published one or more times in a newspaper having general circulation in the county of the location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In the case of any increase in cost to the OWNER under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the CONTRACTOR and the Surety shall be and remain bound therefore. However, Item 10 should the cost to complete any such new contract prove to be less than what would have been the cost to complete under this contract, the CONTRACTOR and/his Surety shall be credited therewith. When the work shall have been substantially completed the CONTRACTOR and his Surety shall be so notified and Certificates of Completion and Acceptance shall be issued. A complete itemized statement of the contract accounts, certified to by the OWNER or ENGINEER as being correct, shall then be prepared and delivered to the CONTRACTOR and his Surety, whereupon the CONTRACTOR and/or his Surety, or the OWNER as the case may be, shall pay the balance due as reflected by said statement, within fifteen (15) days after the date of such Certificate of Completion. After final completion of the work and in the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the OWNER had the work been completed by the CONTRACTOR under the terms of this contract; or when the CONTRACTOR and/or his Surety shall pay the balance shown to be due by them to the OWNER, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over the CONTRACTOR and/or his Surety. Should the cost to complete the work exceed the contract price, and the CONTRACTOR and/or his Surety fail to pay the amount due the OWNER within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials, shall be mailed to the CONTRACTOR and his Surety at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the CONTRACTOR and his Surety subject only to the duty of the OWNER to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice the OWNER may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the CONTRACTOR and his Surety. Such sale may be made at either public or private sale, with or without notice, as the OWNER may elect. The OWNER shall release any machinery, equipment, tools, materials, or supplies, which remain on the work, and belong to persons other than the CONTRACTOR or his Surety, to their proper owners. (b) Abandonment by OWNER: In case the OWNER shall fail to comply with the terms of this contract within ten (10) days after written notification by the CONTRACTOR, then the CONTRACTOR may suspend or wholly abandon the work, and may remove therefrom all machinery, tools and equipment, and all materials on the site of work that have not been included in payments to the CONTRACTOR and have not been wrought into the work. Thereupon the ENGINEER shall make an estimate of the total amount earned by the CONTRACTOR, which estimate shall include the value of all work actually completed by said CONTRACTOR, the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the items of this contract, and a reasonable sum to cover the cost of any provisions made by the CONTRACTOR to carry the whole work to completion and which cannot be utilized. The ENGINEER shall then make a final statement of the balance due the CONTRACTOR by deducting from the above estimate all previous payments by Item 10 the OWNER and all other sums that may be retained by the OWNER under the terms of this Agreement and shall certify same to the OWNER who shall pay to the CONTRACTOR on or before thirty (30) days after the date of delivery to OWNER of such certified final statement. (c) Termination of Contract in Case of National Emergency: Whenever, because of a national emergency, so declared by the President of the United States or other lawful authority, it becomes impossible for the Contractor to obtain all of the necessary labor, material and equipment for the prosecution of the work with reasonable continuity for a period of two (2) months, the Contractor shall within seven (7) days notify the Owner in writing, giving a detailed statement of the efforts which have been made and listing all necessary items of labor, material and equipment not obtainable. If, after investigation, the Owner finds that such conditions exist and that the inability of the Contractor to proceed is not attributable in whole or in part to the fault or neglect of the Contract, then if the Owner cannot after reasonable effort assist the Contractor in procuring and making available the necessary labor, materials, and equipment within thirty (30) days, the Contractor may request the Owner to terminate the contract and the Owner shall within thirty (30) days comply with the request, and the termination shall be based on a final settlement, which shall include, but not be limited to, the payment for all work executed. Item 10 SPECIAL CONDITIONS SC.01 PURPOSE: The Special Conditions contained herein set forth conditions or requirements particular to this Contract: BID NO. 2018-39-B DNT RECONSTRUCTION US 380 NORTH The Special Conditions supplement the General Conditions and the Standard Specifications and take precedence over any conditions or requirements of the General Conditions and the Standard Specifications with which they are in conflict. SC.02 DEFINITIONS: The following words and expressions, or pronouns used in their place, shall wherever they appear in this Contract, be construed as follows, unless a different meaning is clear from the context: ENGINEER: The Engineer of Record as shown on the Construction Drawings: Frank E. Jaromin P.E, Town of Prosper, Texas, or his designee. Item 10 TECHNICAL SPECIFICATIONS BID NO. 2018-39-B DNT RECONSTRUCTION US 380 NORTH Technical Specifications: Section 1. Paving Plan sheets Section 2. SW3P – Storm Water Section 3. Special Instructions Section 4. Location Maps Section 5. Portland Cement Item 10 Section 1. Paving Plan Sheets Item 10 Item 10 Item 10 Item 10 Item 10 Item 10 Section 2. SW3P Item 10 SECTION SW3P STORM WATER POLLUTION PREVENTION PLAN Item 10 SECTION SW3P STORM WATER POLLUTION PREVENTION PLAN 1. The Contractor will be required to provide a separate Storm Water Pollution Prevention Plan. The Erosion Control Plans included in the construction plans will not be considered a Storm Water Pollution Prevention Plan. 2. The Contractor will be required to submit a Storm Water Pollution Prevention Plan (SW3P) to the Town of Prosper for this project before the Notice to Proceed will be granted. The SW3P shall comply with the regulations established by the Texas Commission on Environmental Quality (TCEQ). 3. The Contractor will be required to submit all appropriate forms, including the NOI and NOT, as well as being responsible for producing and submitting all inspection reports throughout the duration of the project to the TCEQ and the Town of Prosper. The Contractor will be responsible for submitting the NOI and NOT on behalf of the Town of Prosper, including all fees associated with these forms. The Contractor shall submit two (2) copies of all NOIs and proof of payment of NOIs to the Town of Prosper before the Notice to Proceed will be granted. Payment: Payment for this work shall be considered subsidiary to the pay items. Item 10 Section 3. SPECIAL INSTRUCTIONS Item 10 DNT RECONSTRUCTION US 380 NORTH BID NO. BID NUMBER 2018-39-B SPECIAL INSTRUCTIONS GENERAL 1.01 WORK INCLUDED Furnish labor, materials, equipment, testing and incidentals necessary to perform operations in connection with the remove and replace existing 8” reinforced concrete paving. ANTICPATED PROCEEDURE A. Remove existing reinforced pavement. B. General notes can be located on the Town of Prospers Web page for further information. C. South bound DNT will have 150 sy of the east lane remove and replace (12’ by 112 ‘long), north bound DND will start at 1640+93 and end at 1651+70 full width. D. Install new reinforced concrete at locations shown. E. Existing TxDOT project is ongoing and cooperation will be required. F. Grade and compact subgrade as required. Subgrade may require additional excavation or fill for proper compaction. Some areas will require additional fill, all work is subsidiary to Item 7 Compact Existing Subgrade. G. Pave intersections as shown with 8” 4,000 psi high early concrete with # 5 on 16” each way. Dowels to match steel epoxied in. H. Prior to the start of construction the Contactor shall submit a traffic control plan for approval by the Town. I. Replacing sod three feet behind curb is subsidiary to erosion control. J. Guard rail removal if necessary is subsidiary to concrete paving. K. Cores will not be used but concrete testing is required. Early breaks are recommended. L. Quantities are for bidding only, in place quantities will be paid. M. One lane to remain open north bound with lane closures as required. Only one land on the south bound will be closed. 1.02 TRAFFIC CONTROL SIGNAGE The contractor shall install and maintain all required signage and shall comply with Texas Department of Transportation (TXDOT) Standards. The Contractor shall supply the Town with a Traffic Control plan prior to work. 1.03 RESIDENTS MEETING None. Item 10 END OF SECTION Item 10 Section 4. LOCATION MAP Item 10 Item 10 Section 5. Portland Item 10 PORTLAND CEMENT CONCRETE PAVEMENT 1.00 GENERAL 1.01 WORK INCLUDED Furnish labor, materials, equipment and incidentals necessary to construct finished pavement of portland cement concrete on the prepared subgrade, [crushed stone drainage course], [geotextile] with reinforcement, and with monolithic curbs, in conformity with the plans, and as specified herein to the lines and grades as established by the Engineer. 1.02 QUALITY ASSURANCE A. DESIGN CRITERIA 1. The concrete shall be designed for a minimum compressive strength as indicated in paragraph 2.05E. Flexural strength is to be determined as a simple beam with center point loading (ASTM C-293). While concrete placing operations are in progress, beam and cylinder specimens, of such dimension and numbers as may be required, shall be made by the Owner's independent testing laboratory each day. Beams and cylinders shall be continuously cured in water until tested. 2. If the concrete fails to meet the strength requirements, as shown by the failure of any flexural or compressive test specimen on two (2) out of three (3) consecutive days' tests, increase the cement factor in the increments of 1/2 sack per cubic yard of concrete until the strength requirements are met and redesign the concrete mix. No increase in price or extra compensation shall be allowed the Contractor for such increase in the cement factor. Failure of all the test specimens, either flexural or compressive, on any day's run of concrete, may be cause for rejection of that particular section of pavement. In such event, submit a redesign of the concrete mix. 3. Redesign of the concrete mix by the Contractor, when required, shall include the required corrective measures as indicated by the deficiencies in the original design mix. Material samples shall be resubmitted for the laboratory check of the redesign mix. Sources of supply of materials may be changed, if desirable, at this time. B. CONCRETE MIX CONTROL Furnish, at the Contractor's own expense, continuous plant control of the concrete by securing the services of an independent local testing laboratory, sufficiently experienced. The following tests and inspections shall be required. 1. Check incoming aggregates, fine and coarse, for gradations, specific gravity, unit weight, abrasion wear, etc. 2. Determine moisture contents of the aggregates to adjust bin weights to comply with designs. 3. Make all concrete designs in accordance with the applicable specifications. 4. Check scales as needed for accuracy. 5. Help maintain proper slumps, as specified. 6. Send inspection reports for each day's operations. 7. Check fibrous reinforcement for conformance as specified. 8. If the characteristics of the aggregate furnished in the design are such that when mixed with the minimum allowable amount of cement and the maximum allowable amount of water, the slump and workability requirements are not met or if free water comes to the surface of the slab during finishing operations, as specified, add mineral filler or cement only to the limits provided in Paragraph 2.01D, or may be required to redesign of the concrete mix. When the finishing machine has gone over an area twice and all surface Item 10 voids are not filled, the workability shall be considered as unsatisfactory, terminate concreting operations and redesign the concrete mix. C. LABORATORY TESTING 1. Material samples submitted for approval shall be sufficiently large to permit the Owner's independent testing laboratory-to-laboratory batch the construction of test beams to check the adequacy of the design. When the design mix has been approved, there shall be no change or deviation from the proportions thereof or sources of supply except as hereinafter provided. No concrete shall be placed on the job site until the mix design has been approved by the Engineer in writing to the Contractor. 2. The concrete shall contain not less than five (5) sacks of cement per cubic yard. Total water shall not exceed seven (7) gallons per sack of cement. The mix shall be uniform and workable. The amount of coarse aggregate (dry-loose volume) shall not be more than 85% per cubic yard of concrete. 3. The net amount of water shall be the amount added at the mixer plus the free water in the aggregate or minus the amount of water needed to compensate for absorption by the aggregates. Free water or absorption determinations shall be based on a 30 minute absorption period. No water allowance shall be made for evaporation after batching. 4. When gauged by the standard slump test, the settlement of the concrete shall not be less than 3" nor more than 5". 1.03 SUBMITTALS A. Submittals shall be in accordance with Section 01300, SUBMITTALS. B. Within a period of not less than 10 days prior to the start of concreting operations, submit to the Engineer a design of the concrete mix he proposes to use together with samples of materials to be incorporated into the mix and a full description of the source of supply of each material component. The design of the concrete mix shall conform to the provisions and limitation requirements of these specifications. C. Manufacturer's Certified Test Reports for each lot of silicone joint sealant shipped to the project site. 1.04 STANDARDS The applicable provisions of the following standards shall apply as if written here in their entirety: ASTM A-82 Specification for Steel Wire, Plain, for Concrete Reinforcement ASTM A-184 Specification for Fabricated Deformed Steel Bar Mats for Concrete Reinforcement ASTM A-185 Specification for Steel Welded Wire, Fabric, Plain, for Concrete Reinforcement ASTM A-615 Specification for Deformed and Plain Billet-Steel Bars for Concrete Reinforcement ASTM C-946 Standard Specification for Ready Mix Concrete ASTM C-1077 Standard Practice for Laboratories Testing Concrete and Concrete Aggregates for use in Construction and Criteria for Laboratory Evaluation. ASTM C-150 Specification for Portland Cement ASTM C-293 Test Method for Flexural Strength of Concrete (Using Simple Beam with Center-Point Loading) ASTM C-309 Specification for Liquid Membrane-Forming Compounds for Curing Concrete Item 10 ASTM D-1751 Specification for Performed Expansion Joint Fillers for Concrete Paving and Structural Construction (Non-extruding and Resilient Bituminous Types) ASTM E-329 Standard Specification for Agencies Engaged in Testing and/or Inspection of Materials used in Construction 1.05 DELIVERY AND STORAGE [NOT USED] 1.06 JOB CONDITIONS A. Should the Contractor desire to use Type III cement in lieu of Type I, permission to do so must be secured from the Engineer in writing before use. When such use is granted, the concrete produced shall meet the requirements specified herein. B. When Type III cement is used, either as required on the plans or as an option to Type I cement, the average tensile strength of briquettes at the age of 28 days shall be higher than that attained at three (3) days. C. Any cement which, for any reason, has become partially set or which contains hard lumps or cakes shall be rejected. D. The following special requirements apply to this work. 1. After a joint has been sealed, promptly remove surplus sealant or other residue on the pavement or structure surfaces. 2. If a primer is recommended by the Manufacturer, use primer in accordance with such recommendations. When required, apply primer before installing backup material. 3. Equipment compressors used for cleaning joints with suitable traps capable of removing surplus water and oil in the compressed air. The Engineer shall check the compressed air daily for contamination. Do not use contaminated air. The compressor shall be capable of delivering compressed air at a continuous pressure of at least 90 psi. 4. Do not permit traffic over sealed joints until the sealant is tack free, cured sufficiently to resist displacement of the sealant due to slab movement or other causes, and until debris from traffic does not imbed into the sealant. 5. Any of the following conditions at the sealed joint shall be cause for rejection and repair of the joint: a. Adhesion or cohesion failure of joint sealant material. b. Unsatisfactory or improper workmanship by Contractor. c. Damage by Contractor's operations or public traffic. d. Damage to the sealant due to displacement of the sealant from slab movements or insufficient cure before opening to traffic. 1.07 OPTIONS Bulk cement meeting the above ASTM specifications may be used provided the manner and method of handling and storing is approved by the Engineer. When cement is delivered in bulk, the brand and the Manufacturer's name, as contained in the shipping invoices accompanying the shipment, shall be furnished to the Engineer prior to use of the cement. Item 10 1.08 GUARANTEES [NOT USED] 2.00 PRODUCTS 2.01 MATERIALS A. CEMENT 1. Cement shall conform to ASTM C-150 for Type I. If high-early-strength Portland cement is required, it shall conform to ASTM C-150 for Type III, and current revisions. 2. Cement delivered in bags shall be marked plainly with the brand and name of the Manufacturer on the bag. A bag shall contain 94 pounds net. Bags shall be in good condition at the time of use. Bags of cement varying more than 5% from the specified weight shall be rejected, and if the average net weight of bags in any shipment, as shown by weighing 50 bags taken at random, is less than 94 pounds, the entire shipment shall be rejected. Do not use cement salvaged from discarded or used bags. B. COARSE AGGREGATE 1. Coarse aggregate shall consist of gravel, crushed gravel, crushed stone, or a combination of these materials of which the maximum permissible percentage of deleterious substances, by weight, shall not exceed the following: Material removed by decantation 1.0% Shale, slate, or similar materials 1.0% Clay lumps 0.25% Soft fragments 3.0% Other deleterious substances including friable, thin elongated, or laminated pieces 3.0% The sum of all deleterious ingredients, exclusive of material removed by decantation, shall not exceed by weight 5.0% 2. The aggregate shall be free from an excess amount of salt, alkali, vegetable matter, or other objectionable matter. At the time of its use the aggregate shall be free from frozen material and all foreign material which may have become mixed with it in the stockpiles. 3. The coarse aggregate shall consist of sound particles having a percent of wear not more than 45 (Test Method TEX-410-A) and shall be mixed so that when tested by standard laboratory sieves, the course aggregate meets the following requirements: Retained on 1-1/4” sieve 0% Retained on 1-1/2” sieve 0% to 5% Retained on 3/4% sieve 30% to 65% Retained on 3/8” sieve 70% to 90% Retained on No. 4 sieve 95% to 100% Loss by Decantation Test 1% max. Method TEX-604-A 4. Coarse aggregate of different characteristics, though tested and approved, shall not be mixed with other aggregates; but shall be stored, batched, and weighed separately. C. FINE AGGREGATE 1. Fine aggregate shall consist of sand or a mixture of sands with or without mineral filler. The sand or mixture of sand comprising one fine aggregate shall consist of clean, hard, durable, uncoated grains and shall be free from lumps. The maximum permissible percentage, by weight, of deleterious substances shall not exceed the following: Item 10 Material removed by decantation 3.0% Other deleterious substances such as 3.0% coal, shale, coated grains, and soft flaky particles 2. An additional loss of 2% by decantation may be allowed provided this additional loss is material of the same quality as specified for fine aggregate or mineral filler. a. The fine aggregate shall be free from an excess amount of salt or alkali and at the time of use shall be free from frozen material and foreign material. b. When tested for organic impurities the fine aggregate shall not have a color darker than the standard color. c. The fine aggregate shall be well graded from fine to coarse and when tested by standard laboratory sieves shall meet the following requirements: Retained on 3/8” sieve 0% Retained on No. 4 sieve 0% to 5% Retained on No. 8 sieve 0% to 20% Retained on No. 16 sieve 15% to 50% Retained on No. 30 sieve 35% to 75% Retained on No. 50 sieve 70% to 90% Retained on No. 100 sieve 90% to 100% Retained on No. 200 sieve 97% to 100% 3. Fine aggregate of different characteristics shall not be mixed prior to batching, but shall be weighed and batched separately. 4. Fine aggregate will be subjected to the sand equivalent test (test method TEX-203-F). The sand equivalent value shall not be less than 80. D. MINERAL FILLER Stone dust, crushed sand, or crushed shell may be added as a mineral filler, if so directed by the Engineer, in amounts not to exceed 5% of the fine aggregate to improve the workability or plasticity of the concrete mix. Such mineral filler must be of the quality specified for fine or coarse aggregate and when tested by standard laboratory sieves shall meet the following requirements: Retained on No. 30 sieve 0% Retained on No. 200 sieve 0% to 35% E. MIXING WATER Water for use in concrete and for curing shall be free from oil, acids, organic matter or other deleterious substances and shall not contain more than 1,000 parts per million of chlorides as Cl nor more than 1,000 parts per million of sulfates as SO4. Water from municipal supplies approved by the State Health Department will not require testing, but water from other sources shall be sampled and tested before use. F. STEEL DOWEL BARS Steel dowel bars, if shown and required on the plans, shall be of the size and type indicated and shall be open hearth, new billet steel of intermediate or hard grade conforming to the requirements of ASTM A-615. The free end of dowel bars shall be smooth and free of shearing burrs. G. DOWEL CAPS Provide dowel caps when required by the drawings. Encase one end of each dowel bar with an approved cap having an inside diameter of 1/16" greater than the diameter of the dowel bar. The cap shall be of such strength, durability, and design as to provide free movement of the dowel bar and shall be filled with a soft felt plug or shall be void in order to permit free movement of the dowel bar for a distance of 1-1/2 times the width of the expansion joint used. Securely hold the dowel caps and dowel bars in place. Item 10 H. BAR COATING When bar coating is required, the material may be any standard grade of oil asphalt and shall be applied hot. I. STEEL BAR REINFORCEMENT Steel reinforcing bars shall be of the size and type indicated and shall be open hearth new billet steel of structural, intermediate, or hard grade, ASTM A-615, Grade 60 or shall be rail steel concrete reinforcement bars, ASTM A-616, Grade 60. Steel shall be bent cold. When tie bars are to be bent they shall be Grade 40 conforming to requirements of ASTM A-615. J. REINFORCING MATS When deformed bars are specified, the forms of the bar shall be such as to provide a net sectional area at all points equivalent to that of a plain square or round bar of equal nominal size. Fabricated steel bar or rod mats shall meet the current requirements of ASTM A-184. [OPTIONAL] K. STEEL WIRE FABRIC REINFORCEMENT When steel wire fabricated reinforcement is specified, or permitted as an option, the wire fabric shall conform to the gauge and wire spacing shown on the plans and the requirements of ASTM A-82. Longitudinal and transverse wires shall be electrically welded together at all points of intersection and the welds shall be of sufficient strength so not to break during handling or placing. Welding and fabrication of the fabric sheets shall conform to the requirements of ASTM A-185. Welded steel wire fabric shall be furnished in flat sheets as per plan dimensions and steel fabric having been previously bundled into rolls shall not be accepted. If wire fabric is used, it shall replace only the longitudinal and transverse bars. The tie bars and load transmission units at joints shall not be affected. [See Note 1 of Notes to Specifier.] L. FIBER REINFORCEMENT 1. Synthetic Fiber: [Monofilament] [or] [fibrillated] polypropylene fibers engineered and designed for use in concrete pavement, complying with ASTM C 1116, Type III, [1/2 to 1- 1/2 inches (13 to 38 mm)] <Insert dimensions> long. a. [Available ]Products: 1) Monofilament Fibers: a) Axim Concrete Technologies; Fibrasol IIP. b) Euclid Chemical Company (The); Fiberstrand 100. c) FORTA Corporation; Forta Mono. d) Grace, W. R. & Co.--Conn.; Grace MicroFiber. e) Metalcrete Industries; Polystrand 1000. f) SI Concrete Systems; Fibermix Stealth. g) <Insert manufacturer's name; product name or designation.> 2) Fibrillated Fibers: a) Axim Concrete Technologies; Fibrasol F. b) FORTA Corporation; Forta. c) Euclid Chemical Company (The); Fiberstrand F. d) Grace, W. R. & Co.--Conn.; Grace Fibers. e) SI Concrete Systems; Fibermesh. f) <Insert manufacturer's name; product name or designation.> [See Note 2 of Notes to Specifier.] M. DRAINAGE COURSE Item 10 The crushed stone drainage course shall be Class 1 aggregate fill as specified in Section 02256, AGGREGATE FILL CLASSIFICATIONS. [See Note 3 of Notes to Specifier.] N. GEOTEXTILE The geotextile shall be as specified in Section 02261, GEOTEXTILE - SOIL STABILIZATION. 2.02 MIXES Concrete shall be composed of Type I cement or Type III cement, coarse aggregate, fine aggregate, mineral filler, and water. Type III cement shall be used only when specifically approved by the Engineer in writing and the concrete made therewith shall be subject to all applicable provisions of these specifications. Mix shall comply with approved laboratory design or adjusted mix proportions. 2.03 RELATED MATERIALS A. PAVEMENT MARKINGS 1. Pavement-Marking Paint: Alkyd-resin type, lead and chromate free, ready mixed, complying with FS TT-P-115, Type [I] [II] or AASHTO M 248, Type [N] [F]. a. Color: [White] [Yellow] [Blue] [As indicated] <Insert color>. 2. Pavement-Marking Paint: Latex, waterborne emulsion, lead and chromate free, ready mixed, complying with FS TT-P-1952, with drying time of less than [3] [45] minutes. a. Color: [White] [Yellow] [Blue] [As indicated] <Insert color>. 3. Glass Beads: AASHTO M 247, Type 1. B. WHEEL STOPS 1. Wheel Stops: Precast, air-entrained concrete, [2500-psi (17.2-MPa)] <Insert strength> minimum compressive strength, [4-1/2 inches (115 mm) high by 9 inches (225 mm) wide by 72 inches (1820 mm) long] <Insert dimensions>. Provide chamfered corners and drainage slots on underside and holes for anchoring to substrate. a. Dowels: Galvanized steel, 3/4-inch (19-mm) diameter, 10-inch (254-mm) minimum length. 2. Wheel Stops: Solid, integrally colored, 96 percent recycled HDPE or commingled postconsumer and postindustrial recycled plastic; UV stabilized; [4 inches high by 6 inches wide by 72 inches long] <Insert dimensions>. Provide chamfered corners and drainage slots on underside and holes for anchoring to substrate. a. Dowels: Galvanized steel, 3/4-inch (19-mm) diameter, 10-inch (254-mm) minimum length. 2.04 MANUFACTURED PRODUCTS A. REINFORCEMENT CHAIRS Reinforcing steel, tie bars, dowels, etc., shall be placed and held securely in place during placing of concrete by steel or plastic chairs approved by the Engineer. These chairs shall be placed at every other intersection of longitudinal and transverse bars. B. JOINT FILLER Joint filler shall consist of boards or a pre-molded bituminous fiber of the size, shape, and type indicated. 1. Redwood Boards: Boards used as a filler shall be sound heartwood obtained from redwood. Boards shall be of selected stock and shall be free from sapwood, knots, cluster bird'seye, checks, and splits. Occasional sound or hollow bird'seye, when not in Item 10 clusters, shall be permitted, provided the board is otherwise free of any defects that may impair the usefulness as a joint filler. The board, when tested in the condition as used in the pavement, shall have a compressive resistance of not more than 1,500 pounds per square inch in compressing to 1/2 of its original thickness. 2. Fiber Board: Fiber used for filler shall be preformed strips which have been formed of cane or other suitable fibers of a cellulose nature securely bound together and uniformly and thoroughly impregnated with a suitable asphaltic binder. Fiber joint fillers shall meet the requirements of ASTM D-1751. C. JOINT SEALING MATERIAL 1. The sealant shall be furnished in a one-part silicone formulation which does not require a primer for bond to concrete. The compound shall be compatible with the surface to which it is applied. Acid cure sealants are not acceptable for use on concrete. Apply the sealant with a pressure applicator that forces it into the joint. Silicone rubber joint seals shall exhibit an adequate bond to concrete when subjected to testing. 2. The silicone sealant shall meet the requirements of Table I. Sealant may be accepted for immediate use on the basis of Manufacturer's certified test results which indicate the material meets the requirements of Table I. Each lot of sealant shall be delivered in containers plainly marked with the Manufacturer's name or trademark and a lot number. The Manufacturer shall furnish certified test results of each lot of joint sealant shipped to the project. The Manufacturer shall also indicate the date of shipment on each lot. Material shall not be used after six (6) months from the date of shipment from the manufacturer without first being sampled and tested. Foam back-up rod may be accepted based on visual inspection by the Engineer. D. MEMBRANE CURING COMPOUND [Specifier should select type of curing compound, Typically Type 2, White is used] 1. Absorptive Cover: AASHTO M 182, Class 2, burlap cloth made from jute or kenaf, weighing approximately 9 oz./sq. yd. (305 g/sq. m) dry. 2. Moisture-Retaining Cover: ASTM C 171, polyethylene film or white burlap-polyethylene sheet. 3. Water: Potable. 4. Evaporation Retarder: Waterborne, monomolecular film forming; manufactured for application to fresh concrete. a. [Available ]Products: 1) Axim Concrete Technologies; Cimfilm. 2) Burke by Edeco; BurkeFilm. 3) ChemMasters; Spray-Film. 4) Conspec Marketing & Manufacturing Co., Inc.; Aquafilm. 5) Dayton Superior Corporation; Sure Film. 6) Euclid Chemical Company (The); Eucobar. 7) Kaufman Products, Inc.; Vapor Aid. 8) Lambert Corporation; Lambco Skin. 9) L&M Construction Chemicals, Inc.; E-Con. 10) MBT Protection and Repair, ChemRex Inc.; Confilm. 11) Meadows, W. R., Inc.; Sealtight Evapre. 12) Metalcrete Industries; Waterhold. 13) Nox-Crete Products Group, Kinsman Corporation; Monofilm. 14) Sika Corporation, Inc.; SikaFilm. 15) Symons Corporation; Finishing Aid. 16) Vexcon Chemicals, Inc.; Certi-Vex EnvioAssist. 17) <Insert manufacturer's name; product name or designation.> Item 10 5. Clear Waterborne Membrane-Forming Curing Compound: ASTM C 309, Type 1, Class B. a. [Available ]Products: 1) Anti-Hydro International, Inc.; AH Curing Compound #2 DR WB. 2) Burke by Edoko; Aqua Resin Cure. 3) ChemMasters; Safe-Cure Clear. 4) Conspec Marketing & Manufacturing Co., Inc.; W.B. Resin Cure. 5) Dayton Superior Corporation; Day Chem Rez Cure (J-11-W). 6) Euclid Chemical Company (The); Kurez DR VOX. 7) Kaufman Products, Inc.; Thinfilm 420. 8) Lambert Corporation; Aqua Kure-Clear. 9) L&M Construction Chemicals, Inc.; L&M Cure R. 10) Meadows, W. R., Inc.; 1100 Clear. 11) Nox-Crete Products Group, Kinsman Corporation; Resin Cure E. 12) Symons Corporation; Resi-Chem Clear. 13) Tamms Industries Inc.; Horncure WB 30. 14) Unitex; Hydro Cure 309. 15) Vexcon Chemicals, Inc.; Certi-Vex Enviocure 100. 16) <Insert manufacturer's name; product name or designation.> 6. White Waterborne Membrane-Forming Curing Compound: ASTM C 309, Type 2, Class B. a. [Available ]Products: 1) Anti-Hydro International, Inc.; AH Curing Compound #2 WP WB. 2) Burke by Edoco; Resin Emulsion White. 3) ChemMasters; Safe-Cure 2000. 4) Conspec Marketing & Manufacturing Co., Inc.; W.B. Resin Cure. 5) Dayton Superior Corporation; Day-Chem White Pigmented Cure (J-10-W). 6) Euclid Chemical Company (The); Kurez VOX White Pigmented. 7) Kaufman Products, Inc.; Thinfilm 450. 8) Lambert Corporation; Aqua Kure-White. 9) L&M Construction Chemicals, Inc.; L&M Cure R-2. 10) Meadows, W. R., Inc.; 1200-White. 11) Symons Corporation; Resi-Chem White. 12) Tamms Industries, Inc.; Horncure 200-W. 13) Unitex; Hydro White. 14) Vexcon Chemicals, Inc.; Certi-Vex Enviocure White 100. 15) <Insert manufacturer's name; product name or designation.> E. PAVEMENT MARKINGS 1. Pavement-Marking Paint: Alkyd-resin type, lead and chromate free, ready mixed, complying with FS TT-P-115, Type [I] [II] or AASHTO M 248, Type [N] [F]. a. Color: [White] [Yellow] [Blue] [As indicated] <Insert color>. 2. Pavement-Marking Paint: Latex, waterborne emulsion, lead and chromate free, ready mixed, complying with FS TT-P-1952, with drying time of less than [3] [45] minutes. a. Color: [White] [Yellow] [Blue] [As indicated] <Insert color>. 3. Glass Beads: AASHTO M 247, Type 1. F. WHEEL STOPS 1. Wheel Stops: Precast, air-entrained concrete, [2500-psi (17.2-MPa)] <Insert strength> minimum compressive strength, [4-1/2 inches (115 mm) high by 9 inches (225 mm) wide by 72 inches (1820 mm) long] <Insert dimensions>. Provide chamfered corners and drainage slots on underside and holes for anchoring to substrate. Item 10 a. Dowels: Galvanized steel, 3/4-inch (19-mm) diameter, 10-inch (254-mm) minimum length. 2. Wheel Stops: Solid, integrally colored, 96 percent recycled HDPE or commingled postconsumer and postindustrial recycled plastic; UV stabilized; [4 inches (100 mm) high by 6 inches (150 mm) wide by 72 inches (1820 mm) long] <Insert dimensions>. Provide chamfered corners and drainage slots on underside and holes for anchoring to substrate. a. Dowels: Galvanized steel, 3/4-inch (19-mm) diameter, 10-inch (254-mm) minimum length. G. CONCRETE MIXTURES 1. Prepare design mixtures, proportioned according to ACI 301, for each type and strength of normal-weight concrete determined by either laboratory trial mixes or field experience. a. Use a qualified independent testing agency for preparing and reporting proposed concrete mixture designs for the trial batch method. 2. Proportion mixtures to provide normal-weight concrete with the following properties: a. Compressive Strength (28 Days): [4500 psi] [4000 psi] [3500 psi] [3000 psi] <Insert strength>. b. Maximum Water-Cementitious Materials Ratio at Point of Placement: [0.45] [0.50] <Insert ratio>. c. Slump Limit: [4 inches] [5 inches] [8 inches] <Insert dimension>, plus or minus 1 inch (25 mm). 3. Add air-entraining admixture at manufacturer's prescribed rate to result in normal-weight concrete at point of placement having an air content as follows: a. Air Content: [5-1/2] [4-1/2] [2-1/2] percent plus or minus 1.5 percent for 1-1/2-inch (38-mm) nominal maximum aggregate size. b. Air Content: [6] [4-1/2] [3] percent plus or minus 1.5 percent for 1-inch (25-mm) nominal maximum aggregate size. c. Air Content: [6] [5] [3-1/2] percent plus or minus 1.5 percent for 3/4-inch (19-mm) nominal maximum aggregate size 4. Limit water-soluble, chloride-ion content in hardened concrete to [0.15] [0.30] percent by weight of cement. 5. Chemical Admixtures: Use admixtures according to manufacturer's written instructions. a. Use [water-reducing admixture] [high-range, water-reducing admixture] [high-range, water-reducing and retarding admixture] [plasticizing and retarding admixture] in concrete, as required, for placement and workability. b. Use water-reducing and retarding admixture when required by high temperatures, low humidity, or other adverse placement conditions. 6. Cementitious Materials: Limit percentage, by weight, of cementitious materials other than portland cement according to ACI 301 requirements [for concrete exposed to deicing chemicals.] [as follows:] a. Fly Ash or Pozzolan: 25 percent. b. Ground Granulated Blast-Furnace Slag: 50 percent. c. Combined Fly Ash or Pozzolan, and Ground Granulated Blast-Furnace Slag: 50 percent, with fly ash or pozzolan not exceeding 25 percent. 7. Synthetic Fiber: Uniformly disperse in concrete mix at manufacturer's recommended rate, but not less than [1.0 lb/cu. yd.] [1.5 lb/cu. yd.] <Insert dosage>. Item 10 2.05 EQUIPMENT A. GENERAL The equipment necessary for the construction of this item shall be on the project and shall be approved by the Engineer as to condition before the Contractor is permitted to begin construction operations on which the equipment is to be used. B. FIELD LABORATORY A field laboratory structure shall be required only when specifically required and provided for in the Special Provisions. C. CEMENT WEIGHING AND BATCHING EQUIPMENT Where bulk cement is used, the method of handling and the handling equipment shall be inspected and approved by the Engineer. Cement shall be fully protected from contamination or damage during handling. 1. Cement shall be batched by weight and scales shall be of the beam or springless dial type and shall be the product of a reputable manufacturer. Scales not accurate to a tolerance of four (4) pounds per 1,000 pounds net load in the hopper shall not be used. The value of the minimum gradation on any type scale shall not be greater than five (5) pounds. 2. The scales shall be so constructed as to indicate to the operator that the required load in the hopper or container is being approached; similarly they shall also indicate when the hopper or container is empty. The indicator shall show at least the last 50 pounds of the load. After cement is weighed, protect cement from damage or loss in handling or in transit. D. AGGREGATE WEIGHING EQUIPMENT Aggregate weighing equipment shall conform to the following general requirements and shall be approved by the Engineer prior to use. 1. The storage bins shall be of a suitable size and shape to adequately meet the needs of the weighing and batching equipment. The framework and foundation shall be adequate to support the total imposed loads. 2. The weighing hopper or container shall be of sufficient size and tight enough to hold the entire load without leakage, shall be supported entirely upon the scales, and shall be free of other supports. The hopper or container shall be so constructed as to permit easy and sufficient removal of any overload. The discharge gate shall have a substantial latch which holds tightly in place during introduction of the aggregate into the hopper. When more than one aggregate size is to be weighed in a single hopper there shall be a separate compartment for each size so arranged that each could be discharged separately and the overload of any compartment easily removed. 3. Scales shall conform to the requirements as provided under Section 2.05C of this specification and in addition thereto the indicator requirement (paragraph 2) shall be amended to show at least the last 200 pounds of the load. 4. Aggregate weighing equipment shall be fully loaded for five (5) hours before testing and using in order to allow settlement and adjustment under working conditions. E. PLANER AND TEMPLATES 1. A subgrade planer shall be furnished and shall be operated immediately ahead of the paving operations. The planer shall be equipped with adjustable blades which trim the subgrade to the exact section as shown on the plans. The planer shall be supported on wheels that travel on the side forms and shall be so constructed on wheels that are plainly visible during operations and must be heavy enough to remain on the form at all times. The frame shall be of such strength and rigidity that should the support of the planer be transferred from the wheels to the center, there shall not be a deflection of more than 1/8". Item 10 2. A template shall be provided having adjustable rods projecting downward at 1' intervals. The bottom of these rods shall be adjusted to the true cross-section of the bottom of the slab when the template rests upon the side forms. The template shall be of sufficient strength and rigidity that the deflection at the center shall be no greater than 1/8", should the support be transferred to that point. F. MIXER Unless otherwise provided for or approved by the Engineer, the paving mixer shall be of a capacity of not less than a 27-E paver; mixer rating to be as established by the Mixer Manufacturer's Bureau of the Associated General Contractors. The paving mixer shall be provided with a boom and bucket for placing concrete or with a full width mechanical spreading or placing machine of approved design. The motor shall be provided with a governor to regulate the speed of the mixer drum within a limit of 16 to 20 revolutions per minute. The mixer shall be equipped with an automatic attachment for satisfactorily timing the mix and locking the discharging device so as to prevent the discharging of the mixer until the materials have been mixed together for the minimum time required. This attachment shall be operated independently of the drum and shall have a bell in operation at all times to indicate the completion of the mixing time. The bell shall be such that it can be plainly heard at a distance of 50' from the mixer. 1. Dual drum mixers may be used provided their operations shall be properly synchronized so as to permit a minimum mixing time of 60 seconds exclusive of the time required to transfer the materials from the first to the second drum. 2. The distribution bucket shall be tightly constructed and of a sufficient capacity to hold an entire batch of concrete. The discharge gate shall be so constructed as to give a uniform distribution of the concrete on the subgrade without segregation. 3. The paver shall be equipped with a water measuring device of sufficient accuracy that it will measure the water within one (1) percent of the amount required per batch. The measuring device shall be so constructed that it opens to atmospheric pressure when the measured amount of water is in it and shall be so placed and constructed that the measured amount of water required for a single batch of concrete can be discharged into a calibrated tank or weighing device. The water measuring device shall be checked daily for accuracy. 4. When the use of a mixer of a capacity less than 27-E paver is permitted, it shall be of an approved type and so designed as to positively insure the uniform distribution of the materials throughout the mass and insure the discharge of the batch without segregation. G. FORMS The side forms shall be metal, of approved cross-section and bracing, of a height not less than the prescribed edge thickness of the concrete section, and a minimum of 10' in length for each individual form. Forms shall be of ample strength and shall be provided with adequate devices for secure setting so that when in place forms withstand the impact and vibration of equipment imposed thereupon without appreciable springing or settlement. In no case shall the base width be less than 8" for a form 8' or more in height. The forms shall be free from warps, bends, or kinks and shall show no variation from the true plane for face or top. Each 10' length of forms shall be provided with at least three (3) pins for securely staking in position. Sufficient forms shall be provided for satisfactory prosecution of the work. Ten (10) foot metal form sections shall be used in forming curves with a 250' and larger radius. For curves with a radius of less than 250', acceptable flexible metal forms or wood forms may be used upon approval of the Engineer. H. FINISHING EQUIPMENT Pavement shall be machine [or hand finished] except as hereinafter provided. The finishing machine shall be power-driven, equipped with two (2) screeds, and a tamp. The finishing machine shall be so designed, equipped, and operated as to strike off, consolidate, and compact the concrete. Strike-off grade shall be to the flowline of the gutter. Item 10 1. Alternate floating and finishing equipment may be substituted for the equipment specified herein, when approved by the Engineer in writing, provided the finished surface conforms to the surface test requirements of Paragraph 3.07. 2. Hand finishing shall not be permitted except in intersections, driveways, and parking areas inaccessible to a finishing machine. Provide a strike template 2" x 6" lumber at least 2' longer than the width of the pavement to be finished. The strike template shall be so constructed as to leave a sufficient amount of concrete above the finished surface to allow for tamping. The tamping template shall be cut to the crown section and shall have a 3/8" steel face. There shall also be provided a hand operated longitudinal float with wood face, of approved design, 12' to 16' in length, or an approved type of mechanical float with not less than 10' of longitudinal screed. There shall be furnished a sufficient number of bridges for the operation of the longitudinal float and for finishing all joints. Furnish edging and finishing tools required to complete the slab in accordance with the plans and specifications. 3. Furnish a belt of canvas-rubber composition, two to four ply, not less than 8" nor more than 10" wide, and at least 2' longer than the width of the slab, or furnish a burlap drag consisting of not less than two (2) layers of burlap, not less than 3' wide, and at least 2' longer than the width of the pavement. 4. Furnish and maintain at least two (2) standard 10' straightedges on the job at all times. 3.00 EXECUTION 3.01 PREPARATION Prepare subgrade to receive the pavement [geotextile and drainage course] as specified in Section 02219, EXCAVATION and Section 02254, COMPACTED EARTH FILL and Section 02247, LIME STABILIZED SUBGRADE. [Include if required.] [See Note 4 of Notes to Specifier.] Any section of the subgrade which does not meet the requirements of those sections of the specifications immediately prior and following to the placement of the geotextile and drainage course shall be reprocessed and re-compacted to be in full compliance with specification requirements. 3.02 INSTALLATION [OPTIONAL] A. GEOTEXTILE Install the geotextile on the prepared subgrade as indicated and as specified in Section 02261, GEOTEXTILE - SOIL STABILIZATION. B. DRAINAGE COURSE 1. Install the drainage course on the prepared subgrade in conjunction with the geotextile as indicated and as specified in Section 02261, GEOTEXTILE - SOIL STABILIZATION. 2. After being spread to the specified thickness, compact the drainage course by rolling with a minimum of eight (8) passes of a vibratory roller of the type specified in Section 02254, COMPACTED EARTH FILL, Paragraph 3.05, COMPACTION. The drainage course shall not require specific compaction testing, but shall receive not less than eight (8) passes by the specified vibratory roller. Increase the number of passes, if necessary, to fully densify and interlock the aggregate particles. 3. The completed surface of the drainage course shall be within a tolerance of +0.00' and - 0.04' of the lines and grade indicated. The minimum thickness of the drainage course at any point in the completed course shall not be less than the thickness indicated on the plans. 4. If regrading or reshaping of the surface of the drainage course is required to meet the specified tolerances, reroll the surface with the vibratory roller as specified. Item 10 5. Protect the completed drainage course from all traffic which might loosen, contaminate with soil or otherwise damage the course, until the next course of surface course is installed. If the drainage course should become contaminated with soil from runoff or otherwise, replace those contaminated areas prior to proceeding with the next course. 3.03 PLACING AND REMOVING FORMS Set forms to line and grade at least 100', where practicable, in advance of the paving operations. Adequately stake forms with at least three (3) pins per 10' section. Forms shall be capable of resisting the pressure of concrete placed against them and the thrust and the vibration of the construction equipment operating upon them without appreciable springing or settlement. Neatly and tightly join the forms and set with exactness to the established grade and alignment. Forms must be in firm contact with the subgrade throughout the length and base width. If the subgrade becomes unstable, reset the forms using heavy stakes or other additional supports as necessary to provide the required stability. A. When forms settle over 1/8" under finishing operations, stop paving operations, reset the forms to line and grade, and bring the pavement to the required section and thickness. B. Thoroughly clean forms after each use and oil forms before reuse. C. Forms shall remain in place until the concrete has taken its final set. At the time the forms are removed, bank earth against the sides of the slab and immediately and thoroughly wet. D. Form super-imposed curb from the flow line of the gutter to the top of curb. Expansion joints in the curbs shall conform to the joint locations in the slab. 3.04 PLACING REINFORCING STEEL, TIE, AND DOWEL BARS Reinforcing steel, welded wire mesh, tie bars, dowels, etc. shall conform to the provisions set out under Paragraph 2.01 F-K and 2.04A and shall be placed as shown on the plans. Reinforcing shall be clean, free from rust in the form of loose or objectionable scale, and of the type, size, and dimensions shown on the plans. Securely wire reinforcing bars together at all intersections and splices and securely wire to each dowel and load transmission unit intersected. Install bars in their required position. A. Install reinforcing bars and bar mats in the slab at the required depth below the finished surface and support by and securely wiring to reinforcement chairs installed on prescribed longitudinal and transverse centers as shown by section and detailed drawings on the plans. After the reinforcing steel is securely installed above the subgrade, there shall be no loading imposed upon (or walking upon) the bar mats or individual bars before or during the placing or finishing of the concrete. B. Where welded wire fabric reinforcement mats are necessary, place and stuck off the concrete by means of a template to the depth below the finished surface as specified for the location of the mesh. Place welded wire mats, conforming to the specified side lap and end splice requirements upon the struck surface, and place the remainder of the concrete with finishing operations proceeding immediately. There shall be no loading imposed upon the mesh mats after installation in the slab concrete. C. Expansion joints or dummy joints which may require an assembly of parts supported by special devices shall be completely assembled and rigidly supported in the correct position well in advance of the placing of concrete. 3.05 JOINTS A. EXPANSION JOINTS Item 10 Install expansion joints perpendicular to the surface and to the center line of the pavement at the locations indicated. Joint filler shall be a pre-molded asphaltic type or redwood boards of the size and shape specified. The oven-dry weight of the wood shall not exceed 30 pounds per cubic foot. Board joint material with less than 25% of moisture at the time of installation shall be thoroughly wetted on the job. Green lumber of much higher moisture content is desirable and acceptable. 1. Appropriately drill the joint filler to admit the dowel bars. Extend the bottom edge of the filler to or slightly below the bottom of the slab and hold the top edge approximately 1/2" below the finished surface of the pavement in order to allow the finishing operations to be continuous. Where the joint filler is of a pre-molded asphaltic type, protect the top edge by a metal cap of at least 10 gauge material having flanges not less than 1-1/2" in depth. The channel cap may remain in place during the joint finishing operations to serve as a guide for tooling the edges of the joint. After the removal of the side forms, carefully open the ends of the joints at the edges of the slab for the entire depth of the slab. The joint filler may be composed of more than one length of board in the length of the joint, but no board of a length less than 6' may be used unless otherwise shown on the plans. 2. Where a monolithic curb or a separate curb and gutter is used, the expansion joints therein shall coincide and be continuous with the pavement joint and of the same size and type. 3. When the pavement is adjacent to or around existing structures, construct expansion joints in accordance with the details shown on the plans. 4. Install dowel bars through the pre-drilled joint filler and rigidly support in true horizontal and vertical positions by an assembly of bar chairs and dowel holders welded to transverse bars extending across the slab and placed on each side of the joint. B. CONTRACTION JOINTS Install contraction joints at the locations and at the intervals indicated. Construct the joints by sawing to the width and to the depth indicated. Saw joints into the completed pavement surface as soon after initial concrete set as possible to control cracking, but with enough lapsed time to prevent any damage by blade action to the slab surface and to the concrete immediately adjacent to the joint. Restore any portion of the curing membrane which has been disturbed by sawing operations by spraying the areas with additional curing compound. In the absence of joint sawing instructions on the plans, conduct and complete sawing operations within a time period of five (5) to 12 hours after the concrete slab is poured including the sealing operation. C. CONSTRUCTION JOINTS Construct construction joints formed at the close of each day's work or when the placing of concrete has been stopped for 30 minutes or longer by use of metal or wooden bulkheads cut true to the section of the finished pavement and clean and oil. Wooden bulkheads shall have a thickness of not less than 2-1/2". Longitudinal bars shall be continuous through the construction joints. Securely hold the bulkheads in place in a plane perpendicular to the surface and at right angles to the center line of the pavement. Round edges to a 1/4" radius. Remove any surplus concrete on the subgrade upon the resumption of the work. In no case shall an emergency construction joint be placed within 8' following a regular installation of expansion or contraction joint. If the emergency construction joint should fall within this limitation, remove the concrete back to the previously installed joint. D. LONGITUDINAL PARTING STRIPS Accurately place longitudinal parting strips or planes of weakness, when required. E. LONGITUDINAL CONSTRUCTION JOINTS Longitudinal construction joints shall be of the type indicated. Longitudinal construction joints shall be constructed accurately to the required lines in order to coincide with traffic lane lines. No width between longitudinal construction joints shall exceed 24', unless specifically Item 10 authorized or directed by the Engineer in writing. Construct concrete curbs as an integral part of the pavement. 3.06 MIXING Mix concrete in an approved method conforming to the requirements of this specification. Ready- mix concrete shall be permitted in lieu of the paver-mixer. When ready-mix concrete is used, provisions of ASTM C-94 Alternate No. 2 shall govern. Materials for concrete placed in pavements shall conform to the requirements of the governing item of this specification. A. BATCH MIXING INCLUDING MATERIAL TRANSPORTATION Mix the concrete in a batch-mixer, as indicated and only in the quantities required for immediate use. The mixing of each batch shall continue for a period of not less than one (1) minute after all materials comprising the batch are in the mixer. The mixer discharge gate shall be locked by the automatic timing device until the required time has elapsed. The entire contents of the drum shall be discharged before any materials are placed therein for the succeeding batch. Retempering or remixing shall not be permitted. 1. Batch boxes, containers, or vehicle bodies used in transporting material from the proportioning plant to the mixers shall be tight and of a sufficient size to hold a batch of maximum size with a margin of safety to prevent spillage. The batch must be protected when hauling is in progress so as to positively prevent any loss of material and minimize loss of moisture by evaporation. On long length hauls, this may require tarpaulin covers. Partitions intended to separate batches shall be adequate and effective in preventing material spilling from one compartment into an other while in transit or when being dumped. 2. When cement is transported in the original package, do not empty from the bags at a greater distance from the mixer than 1,000'. 3. The mixer shall produce a concrete of uniform consistency and appearance. Correct spilling of the mixer by reducing the size of the batch. When a 27-E mixer is used, a maximum overload of 20% above the rated capacity of the mixer shall be permitted. In other size mixers, a maximum overload of 10% above the rated capacity of the mixer shall be permitted. Replace pick-up and throw-over blades inside the mixer drum when worn down 3/4". 4. When the use of a mixer of a capacity greater than that of a 5. 27-E mixer is used, increase the mixing time to 1-1/2 minutes. 6. Do not use concrete which has developed initial set or has been mixed longer than 30 minutes. 7. Thoroughly clean the mixer each time when out of operation for more than 30 minutes. B. TRANSIT MIXING When transit mixing is used, the transit mixer shall be of an approved revolving drum or revolving blade type so constructed as to produce a thoroughly mixed concrete with a uniform distribution of the materials throughout the mass and shall be equipped with a discharge mechanism which insures the discharging of the mixed concrete without segregation. 1. The mixer drum shall be water-tight when closed and equipped with a locking device which automatically prevents the discharging of the mixer prior to receiving the required number of revolutions. 2. Accurately measure the entire quantity of mixing water by visible calibrated mechanism. Leaking water valves shall be considered as ample reason for condemnation of the mixer unit by the Engineer and removal from the job. Mix each batch not less than 70 nor more than 100 revolutions at the rate of rotation specified by the Manufacturer as mixing speed. Any additional mixing shall be done at a slower speed specified by the Manufacturer for agitation, and shall be continuous until the batch is discharged. Item 10 3. Truck mixers shall be equipped with actuated counters by which the numbers of revolutions of the drum may be readily verified. The counters shall be actuated at the time of starting mixing at mixing speeds. 4. The rate of delivery of the mixed concrete shall be such that the interval between loads shall not exceed 10 minutes. Deliver the concrete to the site of the work and discharge from the mixer within a period of 90 minutes, or before the drum has been revolved 300 revolutions, whichever comes first, after the introduction of the mixing water with the dry materials. C. CENTRAL MIXING PLANT A central mixing plant shall be allowed provided the method of mixing and handling has first been approved by the Engineer and concrete produced is in conformity with the specification requirements as herein provided. 1. Mix the concrete in a batch mixer of approved type and in the same manner as indicated. 2. Haul the concrete in vehicles so constructed and operated as to provide continuous mechanical agitation during the transportation period. The rate of delivery of the mixed concrete shall be such that the interval between loads shall not exceed 10 minutes. Deliver the concrete to the site of the work and discharge from the transporting vehicle within a period of 90 minutes after the introduction of water into the batch at the central mixing plant. D. COMMERCIAL CONCRETE PLANTS In the event the Contractor elects to use concrete produced by a commercial concrete plant, an agreement shall be drawn and executed by the responsible executive management of said plant granting the Engineer ingress and egress to all parts of the plant with full authority to have any and all required tests of aggregates and to observe all batching plant and/or central mixing plant operations. This regulatory access shall be applicable only to the concrete produced by the commercial plant for the work herein specified. 3.07 CONCRETE PLACEMENT Unless otherwise provided for on the plans, the full width of the finished pavement shall be constructed monolithically. Rapidly deposit the concrete on the crushed stone drainage course in successive batches and distribute to the required depth and for the entire width of the pavement by shoveling or other approved methods. Where bar mats or wire mesh reinforcing is specified, see Paragraph 3.04A and B for method of concrete placement. Do not use rakes in handling concrete. The placing operation shall be continuous. At the end of the day, or in case of unavoidable interruption or delay of more than 30 minutes, place a transverse construction joint at the point of work stoppage, provided the point at which work has been suspended is not less than 8' from the last regularly established joint. If the length is less than 8', remove the concrete back to the last regularly established joint. (Refer Paragraph 3.05C.) A. Inspection: Before placing concrete, inspect and complete formwork installation, steel reinforcement, and items to be embedded or cast in. Notify other trades to permit installation of their work. B. Remove snow, ice, or frost from subbase surface and reinforcement before placing concrete. Do not place concrete on frozen surfaces. C. Moisten subbase to provide a uniform dampened condition at time concrete is placed. Do not place concrete around manholes or other structures until they are at required finish elevation and alignment. D. Comply with ACI 301 requirements for measuring, mixing, transporting, and placing concrete. E. Do not add water to concrete during delivery or at Project site. Item 10 F. Do not add water to fresh concrete after testing. G. Deposit and spread concrete in a continuous operation between transverse joints. Do not push or drag concrete into place or use vibrators to move concrete into place. H. Consolidate concrete according to ACI 301 by mechanical vibrating equipment supplemented by hand spading, rodding, or tamping. 1. Consolidate concrete along face of forms and adjacent to transverse joints with an internal vibrator. Keep vibrator away from joint assemblies, reinforcement, or side forms. Use only square-faced shovels for hand spreading and consolidation. Consolidate with care to prevent dislocating reinforcement, dowels, and joint devices. I. Place concrete in two operations; strike off initial pour for entire width of placement and to the required depth below finish surface. Lay welded wire fabric or fabricated bar mats immediately in final position. Place top layer of concrete, strike off, and screed. 1. Remove and replace concrete that has been placed for more than 15 minutes without being covered by top layer, or use bonding agent if approved by Architect. J. Screed pavement surfaces with a straightedge and strike off. K. Commence initial floating using bull floats or darbies to impart an open textured and uniform surface plane before excess moisture or bleed water appears on the surface. Do not further disturb concrete surfaces before beginning finishing operations or spreading surface treatments. L. Curbs and Gutters: When automatic machine placement is used for curb and gutter placement, submit revised mix design and laboratory test results that meet or exceed requirements. Produce curbs and gutters to required cross section, lines, grades, finish, and jointing as specified for formed concrete. If results are not approved, remove and replace with formed concrete. M. Slip-Form Pavers: When automatic machine placement is used for pavement, submit revised mix design and laboratory test results that meet or exceed requirements. Produce pavement to required thickness, lines, grades, finish, and jointing as required for formed pavement. 1. Compact subbase and prepare subgrade of sufficient width to prevent displacement of paver machine during operations. N. When adjoining pavement lanes are placed in separate pours, do not operate equipment on concrete until pavement has attained 85 percent of its 28-day compressive strength. O. Cold-Weather Placement: Comply with ACI 306.1 and as follows. Protect concrete work from physical damage or reduced strength that could be caused by frost, freezing actions, or low temperatures. 1. When air temperature has fallen to or is expected to fall below 40 deg F (4.4 deg C), uniformly heat water and aggregates before mixing to obtain a concrete mixture temperature of not less than 50 deg F (10 deg C) and not more than 80 deg F (27 deg C) at point of placement. 2. Do not use frozen materials or materials containing ice or snow. 3. Do not use calcium chloride, salt, or other materials containing antifreeze agents or chemical accelerators unless otherwise specified and approved in mix designs. P. Hot-Weather Placement: Comply with ACI 301 and as follows when hot-weather conditions exist: 1. Cool ingredients before mixing to maintain concrete temperature below 90 deg F (32 deg C) at time of placement. Chilled mixing water or chopped ice may be used to control Item 10 temperature, provided water equivalent of ice is calculated to total amount of mixing water. Using liquid nitrogen to cool concrete is Contractor's option. 2. Cover steel reinforcement with water-soaked burlap so steel temperature will not exceed ambient air temperature immediately before embedding in concrete. 3. Fog-spray forms, steel reinforcement, and subgrade just before placing concrete. Keep subgrade moisture uniform without standing water, soft spots, or dry areas. 3.08 FINISHING A. MACHINE FINISHING When the concrete has been deposited, level and strike off concrete to such elevation that when mechanically screeded and tamped the concrete is thoroughly compacted and finished to the required line, grade, and section with surface voids filled. Where bar mats or wire mesh reinforcing is specified, see Paragraph 3.04A and B for method of procedure. 1. After the finishing machine has processed the concrete surface, use the longitudinal float on the surface. Operate the float from parallel bridges or float carriages moving on the side forms. Operate the float transversely across the slab with a sawing motion, always maintaining the float parallel to the center line of the pavement, in such a manner as to remove variations in the surface. Add concrete to fill minor depressions, if needed, during the longitudinal floating operation. The longitudinal float shall not be moved ahead more than 1/2 its length at each time. The longitudinal float must be maintained straight and free from warp at all times. Take care to preserve the true cross-section of the pavement. 2. While the concrete is still workable, test for irregularities with a 10' straightedge placed parallel to the center line of the pavement so as to bridge depressions and to touch high spots. Ordinates measured from the face of the straightedge to the surface of the pavement shall at no place exceed 1/16" per foot from the nearest point of contact, and in no case shall the maximum ordinate to a 10' straightedge be greater than 1/8". Rework and refinish any surface not within the tolerance limits. 3. While the concrete is still workable, give the surface final belting in order to produce a uniform surface of gritty texture. This belting shall be of short, rapid, transverse strokes combined with a longitudinal sweeping motion. When the burlap drag is permitted in lieu of the belting, accomplish the burlap drag finish by drawing a wet drag over the surface in a longitudinal direction to produce a uniform surface of a gritty nature. 4. Carefully tool the edges of slabs and joints requiring edging with an edger, of the radius required by the plans, at the time the concrete begins to set and becomes non-workable. Leave work smooth and true to lines. B. HAND FINISHING 1. Hand finishing shall be permitted only in intersections, driveways, and parking areas inaccessible to a finishing machine. 2. When the hand method of striking off and consolidating is permitted, level and strike off the concrete, as soon as placed, and screed to such elevation above grade that when consolidated and finished the surface of the pavement is at the grade elevation shown on the plans. Vibrate the entire surface to consolidate the concrete so as to insure maximum compaction and a minimum of voids. For the strike off and consolidation, provide both a strike template and tamping template on the work. Once in operation, move the strike template forward with a combined longitudinal and transverse motion and manipulate so that neither end of the template is raised from the forms during the striking off process. Keep a slight excess of material in front of the cutting edge at all times. 3. The longitudinal floating, straight edging, belting, and joint finishing shall be as specified above. Item 10 3.09 CURING A. The curing of concrete pavement shall be thorough and continuous throughout the entire curing period. Failure to provide proper curing as specified herein shall be considered sufficient cause for immediate suspension of the paving operations. The curing method specified herein does not preclude the use of any of the other commonly used methods of curing, and the Engineer may approve them if so requested by the Contractor. If any selected method of curing does not afford the desired results, the Engineer shall have the right to order that another method of curing be instituted. Immediately after the finishing of the surface, cover the pavement with a continuous, uniform, water-impermeable coating. The impermeable coating shall be of the type specified in Paragraph 2.04-D. After removal of the side forms, the sides of the slab shall receive a like coating before earth is banked against them. Apply the solution under pressure with a spray nozzle in such a manner as to cover the entire surfaces thoroughly and completely with a uniform film. B. The rate of application shall be such as to ensure complete coverage and shall not exceed 200 square feet per gallon of curing compound when applied mechanically and 150 square feet per gallon of curing compound when applied by hand sprayers. When thoroughly dry, it shall provide a continuous and flexible membrane, free from cracks or pinholes, and shall not disintegrate, check, peel, or crack during the curing period. If for any reason the seal is broken during the curing period, immediately repair the seal with additional sealing solution. C. When tested in accordance with ASTM C-156, the curing compound shall provide a film which will have retained within the test specimen the following percentages of the moisture present in the specimen when the curing compound was applied: Time Retained Moisture (Min.) After 24 hours 97% After 3 days 95% After 7 days 91% 3.10 CLEANING JOINTS Immediately after sawing the joint, completely remove the resulting slurry from the joint and clean the immediate area by flushing with a jet of water under pressure, and by the use of other tools as necessary. After flushing, blow out the joint with compressed air. When the surfaces are thoroughly clean and dry and just before the joint sealer is placed, use compressed air having a pressure of at least 90 psi to blow out the joint and remove traces of dust. Equip air compressors, used for cleaning joints, with suitable traps capable of removing surplus water and oil in the compressed air. A. In the event freshly cut sawed joints become contaminated before they are sealed, reclean the joints as outlined above. B. Cleaning methods shall not alter the joint profile, including rounding of the top corners, or alter the texture of the concrete riding surface. Accomplish cleaning of the joint faces by sandblasting. 3.11 INSTALLING BACKER-ROD IN JOINT Prior to placing the backer-rod, thoroughly dry and clean the joint. Complete any necessary cleaning, air blasting, or air-drying before placing backer-rod and sealant. If backer-rod specified for applicable joint detail are on joints less than 1" wide after cleaning, install a round backer-rod of resilient material, compatible with silicone sealant, and slightly oversized to prevent movement during the sealing operation in the joint at the depth specified on the appropriate joint detail in the plans. The thickness of the backer-rod shall be greater after squeezing it into the joint and some "rebound" may occur allowance must be made for this to ensure placing at correct depth. Backer- Item 10 rod shall be a readily compressible, non-reactive, non-absorptive type material such as expanded closed cell polyethylene foam rod. 3.12 INSTALLING SILICONE SEALANT A. The installation of the silicone sealant is to be done as soon after cleaning and after placing the backer-rod as reasonably possible to ensure that joint is still clean and dry. In the event the joint does become contaminated, damp, or wet, remove the backer-rod, clean and dry the joint, and reinstall a new backer-rod prior to placing the sealant material. The sealant material used shall be a low modulus silicone sealant material as specified. The temperature of the concrete surface and air at time of placement must be 40 degrees Fahrenheit or higher. Apply the silicone sealant by pumping only. B. The pump shall be of sufficient capacity to deliver the necessary volume of material to completely fill the joint to the specified width and height of sealant in one (1) pass. The nozzle shall be of sufficient size and shape to closely fit into the joint and introduce the sealant inside the joint with sufficient pressure to prevent voids occurring in the sealant and to force the sealant into contact with the joint faces. Tool the sealant, after being placed, to provide the specified recess depth, thickness, and shape of sealant. Apply sufficient force or pressure to the sealant in this tooling operation to force the sealant against the joint faces to ensure satisfactory wetting and bonding of the sealant to the joint faces. The silicone sealant is not self-leveling and will not position itself correctly in the joint under its own weight. Place the sealant to reasonably close conformity with the dimensions and shape shown on the plans. Any unreasonable deviation shall be cause for rejection and necessary corrective action shall be made by the Contractor. 3.13 PAVEMENT TOLERANCES [Specifier check with special conditions of client.] A. Comply with tolerances of ACI 117 and as follows: 1. Elevation: 1/4 inch. 2. Thickness: Plus 3/8 inch, minus 1/4 inch. 3. Surface: Gap below 10-foot- long, unleveled straightedge not to exceed 1/4 inch. 4. Lateral Alignment and Spacing of Tie Bars and Dowels: 1 inch. 5. Vertical Alignment of Tie Bars and Dowels: 1/4 inch. 6. Alignment of Tie-Bar End Relative to Line Perpendicular to Pavement Edge: 1/2 inch. 7. Alignment of Dowel-Bar End Relative to Line Perpendicular to Pavement Edge: Length of dowel 1/4 inch per 12 inches. 8. Joint Spacing: 3 inches. 9. Contraction Joint Depth: Plus 1/4 inch no minus. 10. Joint Width: Plus 1/8 inch, no minus. 3.14 PAVEMENT MARKING A. Do not apply pavement-marking paint until layout, colors, and placement have been verified with Engineer. B. Allow concrete pavement to cure for [28] <Insert number> days and be dry before starting pavement marking. C. Sweep and clean surface to eliminate loose material and dust. Item 10 D. Apply paint with mechanical equipment to produce pavement markings of dimensions indicated with uniform, straight edges. Apply at manufacturer's recommended rates to provide a minimum wet film thickness of 15 mils. 1. Spread glass beads uniformly into wet pavement markings at a rate of 6 lb/gal. 3.15 OPENING PAVEMENT TO TRAFFIC Exclude traffic from the pavement for a period of not less than fourteen (14) days unless the Engineer directs that sections be opened to traffic at an earlier date. On sections of the pavement where the use of Type III cement is required, or permitted, the pavement may be opened to traffic after four (4) days. Should tests of beam specimens show a flexural strength of not less than 500 pounds per square inch, the Engineer may direct that the pavement so represented be opened to traffic in less than 14 days and for Type III cement in less than four (4) days. In all cases, clean the pavement and fill and trim the joints before opening to public. A. W hen it is necessary to provide for traffic across the pavement, construct, at the Contractor's own expense, suitable and substantial crossings over the concrete which will be adequate for the traffic using same. B. Opening pavement to traffic shall not relieve the Contractor of responsibility for the work and shall not in any way affect the time charge on the entire project. The number of days stated in the contract shall govern for the completion of the entire work covered by the contract. 3.16 FIELD QUALITY CONTROL; TESTING OF MATERIALS Samples of all materials for test shall be made at the expense of the Owner. In the event the initial sampling and testing does not comply with the specifications, all subsequent testing of the material in order to determine if the material is acceptable, shall be at the Contractor's expense at the same rate charged by the commercial laboratories. A. Testing Agency: [Owner will engage] [Engage] a qualified independent testing and inspecting agency to perform field tests and inspections and prepare test reports. B. Testing Services: Testing of composite samples of fresh concrete obtained according to ASTM C 172 shall be performed according to the following requirements: 1. Testing Frequency: Obtain at least 1 composite sample for each [100 cu. yd.] [5000 sq. ft.] or fraction thereof of each concrete mix placed each day. a. When frequency of testing will provide fewer than five compressive-strength tests for each concrete mixture, testing shall be conducted from at least five randomly selected batches or from each batch if fewer than five are used. 2. Slump: ASTM C 143/C 143M; one test at point of placement for each composite sample, but not less than one test for each day's pour of each concrete mix. Perform additional tests when concrete consistency appears to change. 3. Air Content: ASTM C 231, pressure method; one test for each composite sample, but not less than one test for each day's pour of each concrete mix. 4. Concrete Temperature: ASTM C 1064; one test hourly when air temperature is 40 deg F and below and when 80 deg F and above, and one test for each composite sample. 5. Compression Test Specimens: ASTM C 31/C 31M; cast and laboratory cure one set of three standard cylinder specimens for each composite sample. 6. Compressive-Strength Tests: ASTM C 39/C 39M; test 1 specimen at 7 days and 2 specimens at 28 days. a. A compressive-strength test shall be the average compressive strength from 2 specimens obtained from same composite sample and tested at 28 days. C. Strength of each concrete mix will be satisfactory if average of any 3 consecutive compressive-strength tests equals or exceeds specified compressive strength and no Item 10 compressive-strength test value falls below specified compressive strength by more than 500 psi (3.4 MPa). D. Test results shall be reported in writing to Engineer, concrete manufacturer, and Contractor within 48 hours of testing. Reports of compressive-strength tests shall contain Project identification name and number, date of concrete placement, name of concrete testing and inspecting agency, location of concrete batch in Work, design compressive strength at 28 days, concrete mixture proportions and materials, compressive breaking strength, and type of break for both 7- and 28-day tests. E. Nondestructive Testing: Impact hammer, sonoscope, or other nondestructive device may be permitted by Engineer but will not be used as sole basis for approval or rejection of concrete. F. Additional Tests: Testing and inspecting agency shall make additional tests of concrete when test results indicate that slump, air entrainment, compressive strengths, or other requirements have not been met, as directed by Engineer. G. Remove and replace concrete pavement where test results indicate that it does not comply with specified requirements. H. Additional testing and inspecting, at Contractor's expense, will be performed to determine compliance of replaced or additional work with specified requirements. 3.17 REPAIRS AND PROTECTION A. Remove and replace concrete pavement that is broken, damaged, or defective or that does not comply with requirements in this Section. B. Drill test cores, where directed by Engineer, when necessary to determine magnitude of cracks or defective areas. Fill drilled core holes in satisfactory pavement areas with portland cement concrete bonded to pavement with epoxy adhesive. C. Protect concrete from damage. Exclude traffic from pavement for at least 14 days after placement. When construction traffic is permitted, maintain pavement as clean as possible by removing surface stains and spillage of materials as they occur. D. Maintain concrete pavement free of stains, discoloration, dirt, and other foreign material. Sweep concrete pavement not more than two days before date scheduled for Substantial Completion inspections. 3.18 SCHEDULES See Table I for silicone sealant requirements. Item 10 TABLE I SILICONE SEALANT REQUIREMENTS ITEM REQUIREMENT TEST METHOD Flow 0.3" maximum MIL S 8801 ASTM D-2202 Extrusion rate 75-350 grams/minute MIL S 8802 Tack free time @ 77°F ±1 20-90 minutes MIL S 8802 ASTM C-679 Specific Gravity 1.010 - 1.515 ASTM D-792, Method A Durometer hardness, Shore A. (7 days cured @ 77°F ±3 and 45-55% Relative Humidity) 10-25 (0°F) ASTM D-2240 Tensile stress @ 150% elongation ( 7 day cure @ 77°F ±3 and 45-55% Relative Humidity) 45 psi maximum ASTM D-412 (Die C) Elongation: (7 day cure @ 77°F ±3 and 45-55% Relative Humidity) 700% minimum ASTM D-412 (Die C) Ozone and UV Resistance No chalking, cracking, or bond loss after 5,000 hours ASTM D-793 Movement Capability and Adhesion +100% and -50%; no adhesive or cohesive failure after 10 cycles at 0°F ASTM C-719 Shelf Life 6 months from date of shipment from manufacturer Silicone sealant material shall meet or exceed Federal Specifications TT-S-001543A (COM-NBS) and TT-S-00230C (COM-NBS). END OF SECTON Item 10