14-48 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 14-48
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, REPEALING
ARTICLE 3.09, "MECHANICAL CODE," OF THE CODE OF ORDINANCES OF
THE TOWN OF PROSPER AND REPLACING IT WITH A NEW ARTICLE 3.09,
"MECHANICAL CODE"; ADOPTING THE 2012 EDITION OF THE
INTERNATIONAL MECHANICAL CODE, SAVE AND EXCEPT THE
DELETIONS AND AMENDMENTS SET FORTH HEREIN; REGULATING THE
DESIGN, INSTALLATION, MAINTENANCE, ADDITION, ALTERATION AND
INSPECTION OF MECHANICAL SYSTEMS THAT ARE PERMANENTLY
INSTALLED AND UTILIZED TO PROVIDE CONTROL OF ENVIRONMENTAL
CONDITIONS AND RELATED PROCESSES WITHIN BUILDINGS LOCATED
IN 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 3.09, "Mechanical Code," of the Code or Ordinances and
replace it with a new Article 3.09, "Mechanical 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 Mechanical 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 3.09, "Mechanical Code," of the Code of Ordinances of the Town of
Prosper, Texas, is hereby repealed in its entirety and replaced with a new Article 3.09,
"Mechanical Code," to read as follows:
"ARTICLE 3.09 MECHANICAL CODE
Sec. 3.09.001 Code Adopted; amendments
The International Mechanical 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 Mechanical Code for
the town, regulating the design, installation, maintenance, addition, alteration and inspection of
mechanical systems that are permanently installed and utilized to provide control of
environmental conditions and related processes within the Town (the "2012 International
Mechanical Code"). The 2012 International Mechanical Code is made a part of this article as if
fully set forth herein. A copy of the 2012 International Mechanical 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 Mechanical Code.
Sec. 3.09.002 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.14-48,Page 2
ATTEST:
Robyn �attle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No.14-48,Page 3
Exhibit A
TOWN OF PROSPER AMENDMENTS
2012 INTERNATIONAL MECHANICAL CODE
The following additions, deletions and amendments to the 2012 International Mechanical Code
are hereby approved and adopted.
Section [A] 101.1 Title of the 2012 International Mechanical Code is amended as
follows:
[A] 101.1 Title. These regulations shall be known as the Mechanical Code of
The Town of Prosper hereinafter referred to as "this code."
Section [A] 102.8 Referenced codes and standards of the 2012 International
Mechanical Code is amended as follows:
[A] 102.8 Referenced codes and standards. The codes and standards
referenced herein shall be those that are listed in Chapter 15 and such codes
when specifically adopted, and standards shall be considered part of the
requirements of this code to the prescribed extent of each such reference.
Where differences occur between provisions of this code and the referenced
standards, the provisions of this code shall apply. 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
Mechanical 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] 106.4.3 Expiration of the 2012 International Mechanical Code is amended
as follows:
[A] 106.4.3 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.14-48,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] 106.5.2 Fee Schedule of the 2012 International Mechanical Code is
amended as follows:
[A] 106.5.2 Fee Schedule. The fees schedule for all mechanical work shall be
as indicated in the Town of Prosper Fee Schedule as adopted by the City
Council.
Section [A] 106.5.3 Fee refunds of the 2012 International Mechanical Code is
amended as follows:
[A] 106.5.3 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 Mechanical 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 mechanical 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 Mechanical 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
Ordinance No.14-48,Page 5
work is authorized to resume. Where an emergency exits, the code official shall
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 Mechanical 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 306.3 Appliances in attics of the 2012 International Mechanical Code is
amended as follows:
306.3 Appliances in attics. Attics containing appliances 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
appliance. 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) wide shall be present at the front or
service side of the appliance. 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 appliance. 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.
Exceptions:
1. The passageway and level service space are not required where
the appliance is capable of being serviced and removed through
the required opening.
2. Where the passageway is unobstructed and not less than 6 feet
(1829 mm) high and 22 inches (559 mm) wide for its entire length,
the passageway shall be not greater than 50 feet (15 250 mm) in
length.
End of Exhibit "A"
Ordinance No.14-48,Page 6