14-47 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 14-47
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, REPEALING
ARTICLE 3.08, "ENERGY CONSERVATION," OF THE CODE OF
ORDINANCES OF THE TOWN OF PROSPER AND REPLACING IT WITH A
NEW ARTICLE 3.08, "ENERGY CONSERVATION"; ADOPTING THE 2012
EDITION OF THE INTERNATIONAL ENERGY CONSERVATION CODE,
SAVE AND EXCEPT THE DELETIONS AND AMENDMENTS SET FORTH
HEREIN; REGULATING THE DESIGN OF BUILDING ENVELOPES FOR
ADEQUATE THERMAL RESISTANCE AND LOW AIR LEAKAGE AND THE
DESIGN AND SELECTION OF MECHANICAL, ELECTRICAL, SERVICE
WATER-HEATING AND ILLUMINATION SYSTEMS AND EQUIPMENT
WHICH WILL ENABLE EFFECTIVE USE OF ENERGY IN NEW BUILDING
CONSTRUCTION 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 3.08, "Energy Conservation," of the Code or Ordinances and
replace it with a new Article 3.08, "Energy Conservation"; 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 Energy Conservation 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 3.08, "Energy Conservation," of the Code of Ordinances of the Town of
Prosper, Texas, is hereby repealed in its entirety and replaced with a new Article 3.08, "Energy
Conservation," to read as follows:
"ARTICLE 3.08 ENERGY CONSERVATION
Sec. 3.08.001 Code Adopted; amendments
The International Energy Conservation 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 Energy
Conservation Code for the Town, regulating the design of building envelopes for adequate
thermal resistance and low air leakage and the design and selection of mechanical, electrical,
service water-heating and illumination systems and equipment which will enable effective use of
energy in new building construction within the town (the "2012 International Energy
Conservation Code"). The 2012 International Energy Conservation Code is made a part of this
article as if fully set forth herein. A copy of the 2012 International Energy Conservation 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 Energy
Conservation 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 Smith, Mayor
Ordinance No.14-47,Page 2
ATTE
Robyn Bale, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No.14-47,Page 3
Exhibit A
TOWN OF PROSPER AMENDMENTS
2012 INTERNATIONAL ENERGY CONSERVATION CODE
The following additions, deletions and amendments to the 2012 International Energy
Conservation Code adopted herein are hereby approved and adopted.
Section C101.1 Title of the 2012 International Energy Conservation Code is amended
as follows:
C101.1 Title. These regulations shall be known as the Energy Conservation
Code of The Town of Prosper hereinafter referred to as "this code."
Section C106.1 Referenced codes and standards of the 2012 International Energy
Conservation Code is amended as follows:
C106.1 Referenced codes and standards. The codes, when specifically
adopted, and standards referenced in this code shall be those that are listed in
Chapter 5 and such codes and standards shall be considered part of the
requirements of this code to the prescribed extent of each such reference and as
further regulated in Sections C106.1.1 and C106.1.2. 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 C107.2 Schedule of permit fees of the 2012 International Energy
Conservation Code is amended as follows:
C107.2 Schedule of permit fees. The fees schedule for all Energy
Conservation Code work shall be as indicated in the Town of Prosper Fee
Schedule as adopted by the City Council.
Section C107.3 Work commencing before permit issuance of the 2012 International
Energy Conservation Code is amended as follows:
C107.3 Work commencing before permit issuance. Any person who
commences any work 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 C107.5 Refunds of the 2012 International Energy Conservation Code is
amended as follows:
C107.5 Refunds. The code official shall authorize the refunding of fees as
follows:
Ordinance No.14-47,Page 4
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 C108.4 Failure to comply of the 2012 International Energy Conservation Code
is amended as follows:
C108.4 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 guilty of
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 C109 BOARD OF APPEAL of the 2012 International Energy Conservation
Code is amended as follows; delete entire section and insert the following:
C109.1 Board 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.
C202 General definitions of the 2012 International Energy Conservation Code is
amended by adding the following definition to read as follows:
GLAZING AREA. Total area of the glazed fenestration measured using the
rough Opening and including sash, curbing or other framing elements that
enclose conditioned space. Glazing area includes the area of glazed
fenestration assemblies in walls bounding conditioned basements. For doors
where the daylight opening area is less that 50 percent of the door area, the
glazing area is the daylight opening area. For all other doors, the glazing area is
the rough opening area for the door including the door and the frame.
Section R101.1 Title of the 2012 International Energy Conservation Code is amended
as follows:
R101.1 Title. These regulations shall be known as the Energy Conservation
Code of The Town of Prosper hereinafter referred to as "this code."
Section R106.1 Referenced codes and standards of the 2012 International Energy
Conservation Code is amended as follows:
Ordinance No.14-47,Page 5
R106.1 Referenced codes and standards. The codes, when specifically
adopted, and standards referenced in this code shall be those that are listed in
Chapter 5 and such codes and standards shall be considered part of the
requirements of this code to the prescribed extent of each such reference and as
further regulated in Sections R106.1.1 and R106.1.2. 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 [CC 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 R107.2 Schedule of permit fees of the 2012 International Energy
Conservation Code is amended as follows:
R107.2 Schedule of permit fees. The fees schedule for all Energy
Conservation Code work shall be as indicated in the Town of Prosper Fee
Schedule as adopted by the City Council.
Section R107.3 Work commencing before permit issuance of the 2012 International
Energy Conservation Code is amended as follows:
R107.3 Work commencing before permit issuance. Any person who
commences any work 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 R107.5 Refunds of the 2012 International Energy Conservation Code is
amended as follows:
R107.5 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.
Ordinance No.14-47, Page 6
Section R108.4 Failure to comply of the 2012 International Energy Conservation Code
is amended as follows:
R108.4 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 guilty of
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 R109 BOARD OF APPEAL of the 2012 International Energy Conservation
Code is amended as follows; delete entire section and insert the following:
R109.1 Board 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.
R202 General definitions of the 2012 International Energy Conservation Code is
amended by adding the following definition to read as follows:
GLAZING AREA. Total area of the glazed fenestration measured using the
rough opening and including sash, curbing or other framing elements that
enclose conditioned space. Glazing area includes the area of glazed
fenestration assemblies in walls bounding conditioned basements. For doors
where the daylight opening area is less that 50 percent of the door area, the
glazing area is the daylight opening area. For all other doors, the glazing area is
the rough opening area for the door including the door and the frame.
Table R402.1.1 INSULATION AND FENESTRATION REQUIREMENTS BY
COMPONENT of the 2012 International Energy Conservation Code is amended as
follows:
Table R402.1.1 INSULATION AND FENESTRATION REQUIREMENTS BY
COMPONENT; amend by changing the WOOD FRAME WALL R-VALUE for
CLIMATE ZONE 3 to read as follows:
13
Table R402.1.3 EQUIVALENT U-FACTORS of the 2012 International Energy
Conservation Code is amended as follows:
Table R402.1.3 EQUIVALENT U-FACTORS; amend by changing the WOOD
FRAME WALL U-FACTOR for CLIMATE ZONE 3 to read as follows:
0.082
Section R402.2.13 Insulation installed in walls of the 2012 International Energy
Conservation Code is amended by adding a new Section to read as follows:
R402.2.13 Insulation installed in walls. To insure that insulation remains in
place, insulation batts installed in walls shall be totally secured by an enclosure
Ordinance No.14-47,Page 7
on all sides consisting of framing lumber, gypsum, sheathing, wood structural
panel sheathing, netting or other equivalent material approved by the building
official.
End of Exhibit "A"
Ordinance No.14-47,Page 8