14-44 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 14-44
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, REPEALING
ARTICLE 3.04, "BUILDING CODE," OF THE CODE OF ORDINANCES OF
THE TOWN OF PROSPER AND REPLACING IT WITH A NEW ARTICLE
3.04, "BUILDING CODE"; ADOPTING THE 2012 EDITION OF THE
INTERNATIONAL BUILDING CODE, SAVE AND EXCEPT THE DELETIONS
AND AMENDMENTS SET FORTH HEREIN; REGULATING THE
CONSTRUCTION, ALTERATION, MOVEMENT, ENLARGEMENT,
REPLACEMENT, REPAIR, EQUIPMENT, USE AND OCCUPANCY,
LOCATION, MAINTENANCE, REMOVAL, AND DEMOLITION OF EVERY
BUILDING OR STRUCTURE OR ANY APPURTENANCES CONNECTED
OR ATTACHED TO BUILDINGS OR STRUCTURES WITHIN THE TOWN OF
PROSPER, TEXAS; PROVIDING FOR A PENALTY FOR THE VIOLATION
OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF
THIS ORDINANCE AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas ("Prosper"), has
investigated and determined that it would be advantageous and beneficial to the citizens of
Prosper to repeal existing Article 3.04, "Building Code," of the Code or Ordinances and replace
it with a new Article 3.04, "Building Code"; and
WHEREAS, the Town Council also has investigated and determined that it would be
advantageous and beneficial to the citizens of the Prosper to adopt the 2012 Edition of the
International Building Code, save and except the deletions and amendments set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully
set forth herein.
SECTION 2
Existing Article 3.04, "Building Code," of the Code of Ordinances of the Town of Prosper,
Texas, is hereby repealed in its entirety and replaced with a new Article 3.04, "Building Code,"
to read as follows:
"ARTICLE 3.04 BUILDING CODE
Sec. 3.04.001 Code Adopted; amendments
The International Building Code, 2012 Edition, copyrighted by the International Code Council,
Inc., save and except the deletions and amendments set forth in Exhibit "A," attached hereto
and incorporated herein for all purposes, is hereby adopted as the Building Code for the Town,
regulating the construction, alteration, movement, enlargement, replacement, repair, equipment,
use and occupancy, location, maintenance, removal, and demolition of every building or
structure or any appurtenances connected or attached to buildings or structures within the town
(the "2012 International Building Code"). The 2012 International Building Code is made a part
of this article as if fully set forth herein. A copy of the 2012 International Building Code, 2012
Edition, copyrighted by the International Code Council, Inc., is on file in the office of the Town
Secretary of Prosper being marked and so designated as the 2012 International Building Code.
Sec. 3.04.002 Penalty for violation
Any person, firm, corporation or business entity violating this article shall be deemed guilty of a
misdemeanor, and upon conviction therefore, shall be fined a sum not exceeding Two
Thousand Dollars ($2,000.00), and each and every day that such violation continues shall be
considered a separate offense; provided, however, that such penal provision shall not preclude
a suit to enjoin such violation. The town retains all legal rights and remedies available to it
pursuant to local, state and federal law."
SECTION 3
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict; but such repeal shall not abate any pending prosecution for violation
of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for
any violation if occurring prior to the repeal of the ordinance. Any remaining portion of
conflicting ordinances shall remain in full force and effect.
SECTION 4
If any section, subsection, sentence, clause or phrase of this Ordinance is for any
reason, held to be unconstitutional or invalid by a court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this Ordinance. The Town of Prosper
hereby declares that it would have passed this Ordinance, and each section, subsection, clause
or phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, and phrases be declared unconstitutional.
SECTION 5
This Ordinance shall become effective October 1, 2014, 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 22ND DAY OF JULY, 2014.
APPROVED:
Ray Smith,'Mayor
Ordinance No.14-44,Page 2
ATT ST:
Robyn B11ttle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
&J_e X
Terrence S. Welch, Town Attorney
Ordinance No. 14-44, Page 3
Exhibit A
TOWN OF PROSPER AMENDMENTS
2012 INTERNATIONAL BUILDING CODE
The following additions, deletions and amendments to the 2012 International Building Code
adopted herein are hereby approved and adopted.
Section [A] 101.1 Title of the 2012 International Building Code is amended as follows:
[A] 101.1 Title. These regulations shall be known as the Building Code of The
Town of Prosper hereinafter referred to as "this code."
Section [A] 102.4 Referenced codes and standards of the 2012 International Building
Code is amended as follows:
[A] 102.4 Referenced codes and standards. The codes, when specifically
adopted, and standards referenced in this code shall be considered part of the
requirements of this code to the prescribed extent of each such reference and as
further regulated in Sections 102.4.1 and 102.4.2. Whenever amendments have
been adopted to the reference codes and standards, each reference to said code
and standard shall be considered to reference the amendments as well. Any
reference made to NFPA 70 or the ICC Electrical Code shall mean the Electrical
Code as adopted.
Exception: Where enforcement of a code provision would violate the
conditions of the listing of the equipment or appliance, the conditions of
the listing and the manufacturer's installation instructions shall apply.
Section [A] 105.2 Work exempt from permit of the 2012 International Building Code is
amended as follows:
[A] 105.2 Work exempt from permit. Exemptions from permit requirements of
this code shall not be deemed to grant authorization for any work to be done in
any manner in violation of the provisions of this code or any other laws or
ordinances of this jurisdiction. Permits shall not be required for the following:
Building:
1. Oil derricks.
2. Retaining walls that are not over 2 feet (610 mm) in height measured
from the bottom of the footing to the top of the wall, unless supporting
a surcharge or impounding Class I, II or IIIA liquids.
3. Water tanks supported directly on grade if the capacity does not
exceed 5,000 gallons (18 925 L) and the ratio of height to diameter or
width does not exceed 2:1.
Ordinance No. 14-44,Page 4
4. Painting, papering, tiling, carpeting, cabinets, counter tops and similar
finish work.
5. Temporary motion picture, television and theater stage sets and
scenery.
6. Prefabricated swimming pools accessory to a Group R-3 occupancy
that are less than 24 inches (610 mm) deep, do not exceed 5,000
gallons (18 925 L) and are installed entirely above ground.
7. Shade cloth structures constructed for nursery or agricultural
purposes, not including service systems.
8. Swings and other playground equipment accessory to detached one-
and two-family dwellings.
9. Window awnings in Group R-3 and U occupancies, supported by and
exterior wall that do not project more than 54 inches (1372 mm) from
the exterior wall and do not require additional support.
10. Nonfixed and movable fixtures, cases, racks, counters and partitions
not over 5 feet 9 inches (1753 mm) in height.
{The remaining paragraphs in Section [A] 105.2 shall remain unchanged]
Section [A] 105.3.2 Time limitation of application of the 2012 International Building
Code is amended as follows:
[A] 105.3.2 Time limitation of application. An application for a permit for any
proposed work shall be deemed to have been abandoned 90 days after the date
of filing, unless such application has been pursued in good faith or a permit has
been issued; except that the building official is authorized to grant one or more
extensions of time for additional periods not exceeding 90 days each. The
extension shall be requested in writing and justifiable caused demonstrated.
Section [A] 105.5 Expiration of the 2012 International Building Code is amended as
follows:
[A] 105.5 Expiration. Every permit issued shall become invalid unless the work
authorized by such permit is commenced within 180 days after the issuance, or if
the work authorized by such permit is suspended, abandoned or lacks any
required inspection for a period of 180 days after the time the work is
commenced. The building official is authorized to grant, in writing, one or more
extensions of time, for periods not more than 180 days each. The extension
shall be requested in writing and justifiable cause demonstrated.
Section [A] 107.1 General of the 2012 International Building Code is amended as
follows:
[A] 107.1 General. Submittal documents consisting of construction documents,
statement of special inspections, geotechnical report and other data shall be
Ordinance No.14-44,Page 5
submitted in two or more sets with each permit application. The construction
documents shall be prepared by a registered design professional where required
by the statutes of the jurisdiction in which the project is to be constructed. Where
special conditions exist, the building official is authorized to require additional
construction documents to be prepared by a registered design professional.
Foundation plans shall be submitted with each application. Foundation plans
shall be designed by an engineer licensed by the State of Texas and shall bear
that engineers seal. Structural framing plans shall be submitted with each new
construction or addition application. Structural Framing plans shall be designed
by a registered design professional licensed by the State of Texas and shall bear
that design professionals seal.
Exception: The building official is authorized to waive the submission of
construction documents and other data not required to be prepared by a
registered design professional if it is found that the nature of the work
applied for is such that reviewing of construction documents is not
necessary to obtain compliance with this code.
Section [A] 109.2 Schedule of permit fees of the 2012 International Building Code is
amended as follows:
[A] 109.2 Schedule of permit fees. On buildings, structures, electrical, gas,
mechanical and plumbing systems or alterations requiring a permit, a fee for
each permit shall be paid as required, in accordance with the schedule as
established by the Town of Prosper Fee Schedule as adopted by the City
Council.
Section [A] 109.4 Work commencing before permit issuance of the 2012
International Building Code is amended as follows:
[A] 109.4 Work commencing before permit issuance. Any person who
commences any work requiring a permit on a building, structure, electrical, gas,
mechanical or plumbing system before obtaining the necessary permits shall be
subject to a Penalty of 100% of the usual permit fee in addition to the required
permit fees.
Section [A] 109.6 Refunds of the 2012 International Building Code is amended as
follows:
[A] 109.6 Refunds. The building official is authorized to establish a refund policy.
1. The full amount of any fee paid hereunder that was erroneously paid
or collected.
2. Not more than 80 percent of the permit fee paid when no work has
been done under a permit issued in accordance with this code.
3. Not more than 80 percent of the plan review fee paid when an
application for a permit for which a plan review fee has been paid is
withdrawn or canceled before any plan review effort has been
expended.
Ordinance No.14-44,Page 6
The code official shall not authorize the refunding of any fee paid except upon
written application filed by the original permittee not later than 180 days after the
date of fee payment.
Section [A] 110.3.1 Footing and foundation inspection of the 2012 International
Building Code is amended as follows:
[A] 110.3.1 Footing and foundation inspection. Footing and foundation
inspections shall be made after excavations for footings are complete and any
required reinforcing steel is in place. For concrete foundations, any required
forms shall be in place prior to inspection. Materials for the foundation shall be
on the job, except where concrete is ready mixed in accordance with ASTM C
94, the concrete need not be on the job. A registered design professional, or
their designated representative, must perform a pre-pour inspection and provide
the Building Official with a signed and sealed document stating that the footing
and foundation has been inspected and approved. This inspection must take
place prior to requesting a footing and foundation inspection from the Building
Official.
Section [A] 110.3.2 Concrete slab and under-floor inspection of the 2012
International Building Code is amended as follows:
[A] 110.3.2 Concrete slab and under-floor inspections. Concrete slab and
under-floor inspections shall be made after in-slab and under-floor reinforcing
steel and building service equipment, conduit, piping accessories and other
ancillary equipment items are in place, but before any concrete is placed or floor
sheathing installed, including the subfloor. A registered design professional, or
their designated representative, must perform a pre-pour inspection and provide
the Building Official with a signed and sealed document stating that the slab and
under-floor foundation has been inspected and approved. This inspection must
take place prior to requesting a concrete slab and under-floor foundation
inspection from the Building Official.
Section [A] 110.3.4 Frame inspection of the 2012 International Building Code is
amended as follows:
[A] 110.3.4 Frame inspection. Framing Inspections shall be made after the roof
deck or sheathing, all framing, fire-blocking and bracing are in place and pipes,
chimneys and vents to be concealed are complete and the rough electrical,
plumbing, heating wires, pipes and ducts are approved. A registered design
professional, or their designated representative, must perform a structural
framing inspection and provide the Building Official with a signed and sealed
document stating that the structure's framing has been inspected and approved.
This inspection must take place prior to requesting a framing inspection from the
Building Official.
Section [A] 113 Board of Appeals of the 2012 International Building Code has
amended as follows; delete entire section and insert the following:
Ordinance No.14-44,Page 7
[A] 113.1 Application for appeal. Any person shall have the right to appeal a
decision of the code official to the board of appeals established by ordinance.
The board shall be governed by the Town of Prosper's enabling ordinance.
Section 202 Definitions of the 2012 International Building Code is amended by
amending the definition of a High-Rise Building to read as follows:
Hiqh-Rise Buildinq. A building with an occupied floor located more than 55 feet (16
764 mm) above the lowest level of fire department vehicle access.
Section 403.5.4 Smokeproof enclosure of the 2012 International Building Code is
amended as follows:
403.5.4 Smokeproof enclosures. Every required exit stairway serving floors
more than 55 feet (16 764 mm) above the lowest level of fire department vehicle
access shall be a smokeproof enclosure in accordance with Sections 909.20 and
1022.10.
Section [F] 501.2 Address identification of the 2012 International Building Code is
amended as follows:
[F] 501.2 Address identification. New and existing buildings shall be provided
with approved address numbers or letters. Each character shall not be less than
6 inches (152 mm) in height and not less than of 0.5 inch (12.7 mm) in width.
They shall be installed on a contrasting background and be plainly visible from
the street or road fronting the property and from all alleyways, fire lanes, or other
vehicle access to the rear or side of the buildings. When required by the fire code
official, address numbers shall be provided in additional approved locations to
facilitate emergency response. Where access is by means of a private road and
the building address cannot be viewed from the public way, a monument, pole or
other approved sign or means shall be used to identify the structure. Address
numbers shall be maintained.
Section 713.14.1 Elevator lobby; exception 4.3 of the 2012 International Building
Code is amended as follows:
Section 713.14.1; exception 4.3. Elevators serving floor levels over 55 feet
(16 764 mm) above the lowest level of fire department vehicle access in high
rise buildings.
Section [F] 903.2.8 Group R of the 2012 International Building Code is amended as
follows:
[F] 903.2.8 Group R. An automatic sprinkler system installed in accordance with
Section 903.3 shall be provided throughout all buildings with a Group R fire area.
Exception: R-3 occupancies with a gross square foot area of less than
5,500 HVAC space.
Ordinance No.14-44,Page 8
Section [F] 903.2.9.3 Self-service storage facility of the 2012 International Building
Code is amended by adding section [F] 903.2.9.3 Self-service storage facility to read as
follows:
[F] 903.2.9.3 Self-service storage facility. An automatic sprinkler system shall
be installed throughout all self-service storage facilities.
Exception: One-story self-service storage facilities that have no interior
corridors, with a one-hour fire barrier separation wall installed between
every storage compartment, and under 5,000 square foot (gross area) in
size.
Section [F] 903.2.11.3 Buildings 35 feet or more in height of the 2012 International
Building Code is amended as follows:
[F] 903.2.11.3 Buildings 35 feet or more in height. An automatic sprinkler
system shall be installed throughout buildings with a floor level having an
occupant load of 30 or more that is located 35 feet (10 668 mm) or more above
the lowest level of fire department vehicle access.
Exception: Open parking structures in compliance with Section 406.5 if
the International Building Code.
Section [F] 903.2.11.7 High-piled combustible storage of the 2012 International
Building Code is amended by adding section [F] 903.2.11.7 High-piled combustible
storage to read as follows:
[F] 903.2.11.7 High-piled combustible storage. For any building with clear
height exceeding 12 feet (4572 mm), see Chapter 32 of the Fire Code to
determine if those provisions apply.
Section [F] 903.2.11.8 Spray booths and rooms of the 2012 International Building
Code is amended by adding section [F] 903.2.11.8 Spray booths and rooms to read as
follows:
[F] 903.2.11.8 Spray booths and rooms. New and existing spray booths and
spraying rooms shall be protected by an approved automatic fire-extinguishing
system.
Section [F] 903.2.11.9 Buildings over 5,000 square feet of the 2012 International
Building Code is amended by adding section [F] 903.2.11.9 Buildings over 5,000 square
feet to read as follows:
[F] 903.2.11.9 Buildings over 5,000 square feet. An automatic sprinkler
system shall be installed throughout all commercial building with a building area
(floor area, gross) over 5,000 square feet. For the purpose of this provision,
firewalls shall not define separate buildings.
Exception: Open parking garages in compliance with Section 406.5 of
the International Building code.
Ordinance No.14-44, Page 9
Section [F] 903.3.1.1.1 Exempt locations of the 2012 International Building Code is
amended as follows:
[F] 903.3.1.1.1 Exempt locations. When approved by the code official,
automatic sprinklers shall not be required in the following rooms or areas where
such rooms or areas are protected with an automatic fire detection system in
accordance with Section 907.2 that will respond to visible or invisible particles of
combustion. Sprinklers shall not be omitted from any room merely because it is
damp, of fire-resistance-rated construction or contains electrical equipment.
{The exceptions in Section [F] 903.3.1.1.1 shall remain unchanged}
Section 1503.7 Protection from snow and ice of the 2012 International Building Code
is added to read as follows:
1503.7 Protection from snow or Ice. Where roofs have been constructed over
or adjacent to entryways, exits, or paved walkways so that snow or ice can
accumulate in such a manner as to become a safety hazard to people as it melts
and slides off the roof surface, an effective means of snow and ice diversion shall
be provided for their protection.
Section 1505.1 General of the 2012 International Building Code is amended as follows:
1505.1 General. Roof assemblies shall be divided into the classes defined
below. Class A, B and C roof assemblies and roof coverings required to be listed
by this section shall be tested in accordance with ASTM E 108 or UL 790. In
addition, fire-retardant-treated wood roof coverings shall be tested in accordance
with ASTM D 2898. All roof coverings shall be a minimum Class C. All individual
replacement shingles or shakes shall be a minimum Class C. Minimum Class A,
B and C roof coverings installed on buildings shall comply with Table 1505.1
based on the type of construction of the building.
Exception:
1. Skylights and sloped glazing that comply with Chapter 24 or Section
2610.
2. Non-classified roof coverings shall be permitted on buildings of U
occupancies having not more than 120 square feet (37.5 m2) Of
projected roof area. When exceeding 120 square feet (37.5 mz) Of
projected roof area, buildings of U occupancies may use non-rated
non-combustible coverings.
Section 1612.3 Establishment of flood hazard areas of the 2012 International
Building Code is amended as follows:
1612.3 Establishment of flood hazard areas. To establish flood hazard areas,
the applicable governing authority shall adopt a flood hazard map and supporting
data. The flood hazard map shall include, at a minimum, areas of special flood
hazard as identified by the Federal Emergency Management Agency in an
engineering report entitled "The Flood Insurance Study for The Town of Prosper"
Ordinance No. 14-44, Page 10
as amended or revised with the accompanying Flood Insurance Rate Map
(FIRM) and Flood Boundary and Floodway Map (FBFM) and related supporting
data along with any revisions thereto. The adopted flood hazard map and
supporting data are hereby adopted by reference and declared to be part of this
section.
Section 1807.2.2 Design lateral soil loads of the 2012 International Building Code is
amended as follows:
1807.2.2 Design lateral soil loads. Retaining walls shall be designed for the
lateral soil loads set forth in Section 1610. Retaining walls that are not laterally
supported at the top and that retain in excess of 24 inches (610 mm) of
unbalanced fill shall be designed to ensure stability against overturning, sliding,
excessive foundation pressure and water uplift. Retaining walls that retain in
excess of 36 inches (914 mm) of unbalanced fill shall have professionally
engineered designed to ensure stability against overturning, sliding, excessive
foundation pressure and water uplift. For stone mass gravity retaining walls in
excess of 24 inches (610 mm), minimum foundation embedment shall be no less
than 12 inches (305 mm) into undisturbed or well compacted soil.
End of Exhibit "A"
Ordinance No.14-44, Page 11