14-46 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 14-46
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, REPEALING
ARTICLE 3.07, "PLUMBING," OF THE CODE OF ORDINANCES OF THE
TOWN OF PROSPER AND REPLACING IT WITH A NEW ARTICLE 3.07,
"PLUMBING"; ADOPTING THE 2012 EDITION OF THE INTERNATIONAL
PLUMBING CODE, SAVE AND EXCEPT THE DELETIONS AND
AMENDMENTS SET FORTH HEREIN; REGULATING THE ERECTION,
INSTALLATION, ALTERATION, REPAIRS, RELOCATION,
REPLACEMENT, ADDITION TO, USE OR MAINTENANCE OF PLUMBING
SYSTEMS WITHIN THE TOWN OF PROSPER, TEXAS; PROVIDING FOR A
PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR
REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR
AN EFFECTIVE DATE OF THIS ORDINANCE AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas ("Prosper"), has
investigated and determined that it would be advantageous and beneficial to the citizens of
Prosper to repeal existing Article 3.07, "Plumbing," of the Code or Ordinances and replace it
with a new Article 3.07, "Plumbing"; and
WHEREAS, the Town Council also has investigated and determined that it would be
advantageous and beneficial to the citizens of the Prosper to adopt the 2012 Edition of the
International Plumbing Code, save and except the deletions and amendments set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully
set forth herein.
SECTION 2
Existing Article 3.07, "Plumbing," of the Code of Ordinances of the Town of Prosper,
Texas, is hereby repealed in its entirety and replaced with a new Article 3.07, "Plumbing," to
read as follows:
"ARTICLE 3.07 PLUMBING
Sec. 3.07.001 Code Adopted; amendments
The International Plumbing Code, 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 Plumbing Code for the town,
regulating the erection, installation, alteration, repairs, relocation, replacement, addition to, use
or maintenance of plumbing systems within the Town (the "2012 International Plumbing Code").
The 2012 International Plumbing Code is made a part of this article as if fully set forth herein. A
copy of the 2012 International Plumbing 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 Plumbing Code.
Sec. 3.07.002 Penalty for violation
Any person, firm, corporation or business entity violating this article shall be deemed guilty of a
misdemeanor, and upon conviction therefore, shall be fined a sum not exceeding Two
Thousand Dollars ($2,000.00), and each and every day that such violation continues shall be
considered a separate offense; provided, however, that such penal provision shall not preclude
a suit to enjoin such violation. The town retains all legal rights and remedies available to it
pursuant to local, state and federal law."
SECTION 3
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict; but such repeal shall not abate any pending prosecution for violation
of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for
any violation if occurring prior to the repeal of the ordinance. Any remaining portion of
conflicting ordinances shall remain in full force and effect.
SECTION 4
If any section, subsection, sentence, clause or phrase of this Ordinance is for any
reason, held to be unconstitutional or invalid by a court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this Ordinance. The Town of Prosper
hereby declares that it would have passed this Ordinance, and each section, subsection, clause
or phrase thereof, irrespective of the fact that any one 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 Smit , Mayor
ATTJ�ST:
Robyn Bottle°Town Secretary
Ordinance No.14-46, Page 2
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No.14-46,Page 3
Exhibit A
TOWN OF PROSPER AMENDMENTS
2012 INTERNATIONAL PLUMBING CODE
The following additions, deletions and amendments to the 2012 International Plumbing Code
adopted herein are hereby approved and adopted.
Section [A] 101.1 Title of the 2012 International Plumbing Code is amended as follows:
[A] 101.1 Title. These regulations shall be known as the Plumbing Code of the
Town of Prosper hereinafter referred to as "this code."
Section [A] 102.8 Referenced codes and standards of the 2012 International
Plumbing Code are amended as follows:
[A] 102.8 Referenced codes and standards. The codes and standards
referenced in this code shall be those that are listed in Chapter 14 and such
codes, when specifically adopted, and standards shall be considered as part of
the requirements of this code to the prescribed extent of each such reference.
Where the differences occur between provisions of this code and the referenced
standards, the provisions of this code shall be the minimum requirements.
Whenever amendments have been adopted to the referenced codes and
standards, each reference to said code and standard shall be considered to
reference the amendments as well. Any reference to NFPA 70 or the ICC
Electrical Code shall mean the Electrical Code as adopted.
Exception: Where enforcement of a code provision would violate the
conditions of the listing of the equipment or appliance, the conditions of
the listing and the manufacturer's installation instructions shall apply.
Section [A] 106.3.3 Time limitation of application of the 2012 International Plumbing
Code is amended as follows:
[A] 106.3.3 Time limitation of application. An application for a permit for any
proposed work shall be deemed to have been abandoned 90 days after the date
of filing, unless such application has been pursued in good faith or a permit has
been issued; except that the code official shall have the authority to grant one 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] 106.5.3 Expiration of the 2012 International Plumbing Code is amended as
follows:
[A] 106.5.3 Expiration. Every permit issued shall become invalid unless the
work authorized by such permit is commenced within 180 days after the
issuance, or if the work authorized by such permit is suspended, abandoned or
lacks any required inspection for a period of 180 days after the time the work is
commenced. The code official is authorized to grant, in writing, one or more
Ordinance No.14-46, Page 4
extensions of time, for periods not more than 180 days each. The extension
shall be requested in writing and justifiable cause demonstrated.
Section [A] 106.6.2 Fee Schedule of the 2012 International Plumbing Code is amended
as follows:
[A] 106.6.2 Fee Schedule. The fees schedule for all plumbing work shall be as
indicated in the Town of Prosper Fee Schedule as adopted by the Town Council.
Section [A] 106.6.3 Fee refunds of the 2012 International Plumbing Code is amended
as follows:
[A] 106.6.3 Fee refunds. The code official shall authorize the refunding of fees
as follows:
1. The full amount of any fee paid hereunder that was erroneously paid
or collected.
2. Not more than 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.
The code official shall not authorize the refunding of any fee paid except upon
written application filed by the original permittee not later than 180 days after the
date of fee payment.
Section [A] 108.4 Violation penalties of the 2012 International Plumbing Code is
amended as follows:
[A] 108.4 Violation penalties. Any person who shall violate a provision of this
code or shall fail to comply with any of the requirements thereof or who shall
erect, install, alter or repair plumbing work in violation of the approved
construction documents or directive of the code official, or of a permit or
certificate issued under the provisions of this code, shall be guilty of a
misdemeanor and upon conviction may be fined up to the maximum amount
allowed by Texas law. Each day that a violation continues after due notice has
been served shall be deemed a separate offence.
Section [A] 108.5 Stop work orders of the 2012 International Plumbing Code is
amended as follows:
[A] 108.5 Stop work orders. Upon notice from the code official, work on any
plumbing system that is being done contrary to the provisions of this code or in a
dangerous or unsafe manner shall immediately cease. Such notice shall be in
writing and shall be given to the owner of the property, or to the owner's agent, or
to the person doing the work. The notice shall state the conditions under which
work is authorized to resume. Where an emergency exits, the code official shall
Ordinance No.14-46,Page 5
not be required to give a notice prior to stopping the work. Any person who shall
continue any work in or about the structure after having been served with a stop
work order, except such work as that person is directed to perform to remove a
violation or unsafe condition, shall be liable to a fine as required herein by this
code.
Section [A] 109 MEANS OF APPEAL of the 2012 International Plumbing Code is
amended as follows; delete entire section and insert the following:
[A] 109.1 Application for appeal. Any person shall have the right to appeal a
decision of the code official to the board of appeals established by ordinance.
The board shall be governed by the Town of Prosper's enabling ordinance.
Section 305.4.1 Sewer depth of the 2012 International Plumbing Code is amended as
follows:
305.4.1 Sewer depth. Building sewers that connect to private sewage disposal
systems shall installed not less than 12 inches (305 mm) below finished grade at
the point of septic tank connection. Building sewers shall be installed not less
than 12 inches (305 mm) below grade.
Section 312.10.1 Inspections of the 2012 International Plumbing Code is amended as
follows:
312.10.1 Inspections. Inspections shall be made of all backflow prevention
assemblies and air gaps, as required by the Town, to determine whether they are
operable.
Section 312.10.2 Testing of the 2012 International Plumbing Code is amended as
follows:
312.10.2 Testing. Reduced pressure principle, double check-valve, pressure
vacuum breaker, reduced pressure detector fire protection, double check
detector fire protection, and spill resistant vacuum breaker backflow preventer
assemblies and hose connection backflow preventers shall be tested at the time
of installation, immediately after repairs or relocation as required by the Town.
The testing procedure shall be performed in accordance with one of the following
standards: ASSE 5013, ASSE 5015 ASSE 5020, ASSE 5047, ASSE 5048, ASSE
5052, ASSE 5056, CSA B64.10 or CSA B64.10.1.
Section 502.3 Water heaters installed in attics of the 2012 International Plumbing
Code is amended as follows:
502.3 Water heaters installed in attics. Attics containing water heaters shall be
provided with an opening and unobstructed passageway large enough to allow
removal of the largest appliance. The passageway shall not be less than 30
inches (762 mm) high and 22 inches (559 mm) wide and not more than 20 feet
(6096 mm) in length measured along the center line of the passageway from the
opening to the water heater. The passageway shall have continuous
unobstructed solid flooring not less than 24 inches (610 mm) wide. A level
service space not less than 30 inches (762 mm) deep and 30 inches (762 mm)
Ordinance No.14-46,Page 6
wide shall be present at the front or service side of the water heater. The clear
access opening dimensions shall be a minimum of 20 inches by 30 inches (508
mm by 762 mm), or larger and large enough to allow removal of the largest water
heater. As a minimum, access to the attic space shall be provided by one of the
following:
1. Permanent stairs or ladder fastened to the building
2. A pull down stair with a 300 lb. rating.
3. An access door from an upper floor.
Section 504.6 Item (10) Requirements for discharge piping item number 10 of the
2012 International Plumbing Code is amended as follows:
10. Not terminate less than 6 inches (152 mm) or more than 24 inches (610 mm)
above grade nor more than 6 inches (152 mm) above the waste receptor.
(The remainder of items one through thirteen of this section shall remain
unchanged.}
Section 903.1 Roof extensions of the 2012 International Plumbing Code is amended
as follows:
903.1 Roof extension. Open vent pipes that extend through a roof shall be
terminated not less than 6 inches (152 mm) above the roof, except that where a
roof is to be used for any purpose other than weather protection, the vent
extensions shall terminate not less than 7 feet (2134 mm) above the roof.
End of Exhibit "A"
Ordinance No.14-46,Page 7