09-041 - O TOWN OF PROSPER,TEXAS ORDINANCE NO. 09-041
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, REPEALING
ORDINANCE NO. 96-10, 97-10, and 04-35; ADOPTING THE 2006 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 BUILDING LOCATED 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 (`�"OMi C.ouncil,") has
investigated and determined that it would be advantageous and beneficial to the citizens of the Town of
Prosper,Texas("I!ro. jIg")to repeal Ordinance No. 96-10, 97-10, and 04-35; and
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 adopt the 2006 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:
SECTION 1: Findings IncoiT,grated. The findings set forth above are incorporated into the body
of this Ordinance as if fully set forth herein.
SECTION 2 8�cal of Ordinance No 9:6-10, 97-10, and 04-35. Prosper Ordinance No. 96-10,
97-10, and 04-35 is repealed in its entirety and replaced by this Ordinance. The effective date of the
repeal discussed in this section shall not occur until the effective date of this Ordinance, at which time
Ordinance No. 96-10, 97-10, and 04-35 shall be repealed. Such repeal shall not abate any pending
prosecution and/or lawsuit or prevent any prosecution and/or lawsuit from being commenced for any
violation of Ordinance No. 96-10, 97-10, and 04-35 occurring before the effective date of this Ordinance.
SECTION 3: Adoption of the 2006 International Mechanical Code,. The International
Mechanical Code, 2006 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 Prosper, 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 Prosper (The "2006
International Mechanical Code"). The 2006 International Mechanical Code is made a part of this
Ordinance as if fully set forth herein. A copy (1) of the 2006 International Mechanical Code, 2006
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ADOPTION OF THE 2006 INTERNATIONAL MECHANICAL CODE
Edition, copyrighted by the International Code Council, Inc., is on file in the office of the Town Secretary
of Prosper being marked and designated as the 2006 International Mechanical Code.
SECTION t.... ! elt ITli Clause. 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: Peplilty.Provision. 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. Prosper retains all legal rights and remedies available to it pursuant to local,
state and federal law.
SECTION 6: &ve"r ility. 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. 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 7: Effective Date. This Ordinance shall become effective July 1, 2009 upon its
passage and publication as required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER,TEXAS,on this 24t"day of February,2009.
CI-IA .LNC'S NISWANGE ' ��YOR
ATTESTED AND CORRECTLY I I I I I I I1.4
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ACO
nton,TRMC "
TOWN SECRETARY
Dates)of Publication: MkfuP l .�w The DallasJk�9 r a ��a� `, ��pndalrtrer�
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ADOPTION OF THE 2006 INTERNATIONAL MECHANICAL CODE
Exhibit"A"
Town of Prosper
2006 International Mechanical Code
The following additions, deletions, and amendments to the 2006 International Mechanical Code adopted
herein are hereby approved and adopted.
Chapter 1. Administration of the 2006 International Mechanical Code is amended as follows:
Section 102 Applicability of the 2006 International Mechanical Code is amended as follows:
102.8 Referenced codes and standards. The codes and standards referenced herein shall be those
that are listed in Chapter 15 and such codes, vlrerr sl,ecif call rrdcrptcj, and standards shall be
considered as 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 'tr1r�,l�lITed to [ii referenced
codes and standard's, +eagh re eyence to said code and standard shall be consideredtoreference the
amendments as well,,ny reference to NF11 70 or the ICC Electrical Code shall mean the
Electrical Cocfc as rrcl rpte l_tay..tlie C rrwlr cel Prosp�l as it currently exist or niay be�rmended Where
regrriremcnts in this,code conflict with ;any requirements or other ad tc(c s lad the�""oww+rt or
1'r�ospertl�e most trlr r wrut_lcga elan err�t:mshall a.21LIy.
Exception; Wlerer�w.en grcement_of`_a code Drovision 'would violate thecnalc.1utio i._Lf utlriw_[js4A,i ).
equipment app � t conditions of listinLy and the manufacturer's installation
file ee rri wrr�ert or Ali rr ...t"f. ._mm _ atio,..
instructions shallaleµ
Section 106 Permits of the 2006 International Mechanical Code is amended as follows:
106.3.2 Time limitation of application. An application for a Werrnit for any proposed work slirrll,
be deemed to have been abandoned 90 days after the date of lil is ;unless suet) apaplication has
bwcn_rrrrsti cl „i r xo�d faith or a pern it has been issu (I L, e t that the building official is
Guth rized_ttr_ Rtttrjt,_orte or more extensions of time for additional prr%odsmrloLx ecdin, 180 day
each...., The extension shall be requested in writ r��„ci..ju�two�i�tl�Ne sstrsc.derrronstrateri.
106.4.3 Expiration. Every permit issued by the code official under the provisions of this code
shall expire by limitation and become null and void if the work authorized by such permit is not
commenced a refreceived a minimum of one; p►rtvgg jinhpection within 180 days from the date of
such permit, or if the work authorized by such permit is suspended or abandoned at any time after
the work is commenced for a period of 180 days. Before such work recommences, a new permit
shall be first obtained and the fee, therefore, shall be one hat the amount required for a new
permit for such work, provided no changes have been made or will be made in the original
construction documents for such work, and provided further that such suspension or abandonment
has not exceeded one year.
106.5.2 Fee schedule. The fees for mechanical work shall be as indicated in the Town of Prosper
Building Inspections Fee Schedule
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 which 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.
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ADOPTION OF THE 2006 INTERNATIONAL MECHANICAL CODE
3.Not more than 50 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.
Chapter 3 Regulations of the 2006 International Mechanical Code is amended as follows:
Section 304 Installation of the 2006 International Mechanical Code is amended as follows:
304.9 Clearances from grade. Equipment and appliances installed at grade level shall be
supported on a level concrete slab a"ther�approyed material extending above adjoining grade a
17Yi11i111t1117 of 1 igeL.�," 6 11111i , or shall be suspended a minimum of 6 inches (152 mm) above
adjoining grade.
Section 306 Access and service space of the 2006 International Mechanical Code is amended as follows:
306.3 Appliances in attics. Attics containing appliances requiring access 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 taatobStrUcted 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), where such dimensions are large enough to allow removal of the largest appliance. As a
niinlrliilm access to the atNicac.e N�all�� �r���racl�cl�a „ons r�,��°tla��oN�l rvis
1. Permanent stairs or ladder fastenedwwtl tl,t building.
7 A null tinwn Stair Wit a1 *+ mA m 2M 11, -1;-
.. ;r,,
1 An access dom Nioin an upp
Exceptions:
1. The passageway and level service space are not required where the appliance can be 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 more than 50 feet(15 250 mm)
long.
Chapter 5 Exhaust Systems of the 2006 International Mechanical Code is amended as follows:.
Section 504 Clothes dryer exhaust of the 2006 International Mechanical Code is amended as follows:
504.6.1 Maximum length. The maximum length of a clothes dryer exhaust duct shall not exceed
25 feet(7620 mm) from the dryer location to the outlet terminal. The maximum length of the duct
shall be reduced 21/2 feet(762 mm) for each 45 degree(0.79 rad)bend and 5 feet(1524 mm) for
each 90 degree (1.6 rad) bend. The maximum length of the exhaust duct does not include the
transition duct.
Exception: Where the make and model of the clothes dryer to be installed is known and the
manufacturer's installation instructions for such dryer are provided to the code official, the
maximum length of the exhaust duct, including any transition duct, shall be permitted to be in
accordance with the dryer manufacturer's installation instructions, and provided that a 4 inch by
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ADOPTION OF THE 2006 INTERNATIONAL MECHANICAL CODE
six inch sign red in color wiffi white letters is Perinallently affixed to the..strgdUre statiligktle
to]lowing,
)YArnill..0 Dr er must be a L)roved for vent len ate not to exceed 40 feet total developed lengil
..................
CIPW-..JNa�tsize: (Inserl Mimbcar)Total Develop
�d 1,,e0 ( :..(LnAgrLA11vLber
Chapter 6 Duct systems of the 2006 International Mechanical Code is amended as follows:
Section 603 Duct construction and installation of the 2006 International Mechanical Code is amended as
follows:
603.6.1.1 Duct length. jLQi—qffier flian residential
constnicti _ne iblemdgets sliall be limited to 5 foot connections at end of duct runs.
End of Exhibit"A"
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ADOPTION OF THE 2006 INTERNATIONAL MECHANICAL CODE