09-040 - O TOWN OF PROSPER,TEXAS ORDINANCE NO. 09-040
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, REPEALING
ORDINANCE NO. 04-34; ADOPTING THE 2006 EDITION OF THE
INTERNATIONAL FUEL GAS CODE, SAVE AND EXCEPT THE
DELETIONS AND AMENDMENTS SET FORTH HEREIN; REGULATING
INSTALLATION OF FUEL GAS PIPING SYSTEMS, FUEL GAS
UTALIZATION EQUIPMENT AND RELATED ACCESSORIES 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 ("°1OW11 Co4111 it") has
investigated and determined that it would be advantageous and beneficial to the citizens of the Town of
Prosper, Texas("prospej")to repeal Ordinance No. 04-34; 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 Fuel Gas 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: Find in!s Incor orated. The findings set forth above are incorporated into the body
of this Ordinance as if fully set forth herein.
SECTION 2: Rgp al ofOrdinance No. 04-3mm4, Prosper Ordinance No. 04-34 is repealed in its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occur until the effective date of this Ordinance, at which time Ordinance No. 04-34 shall be repealed.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. 04-34 occurring before the effective
date of this Ordinance.
SECTION 3: AdTtion of the 2,006International Fuel Gas Code. The International Fuel Gas
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 Fuel Gas code for Prosper, regulating the design, installation, maintenance,
addition, alteration, and inspection of Fuel Gas systems that are permanently installed and utilized to
provide control of environmental conditions and related processes within Prosper (The "2006
International Fuel Gas Code"). The 2006 International Fuel Gas Code is made a part of this Ordinance as
if fully set forth herein. A copy (1) of the 2006 International Fuel Gas Code, 2006 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 Fuel Gas Code.
Page 1
ADOPTION OF THE 2006 INTERNATIONAL FUEL GAS CODE
SECTION : ava l.&Sj �p �mli ig C'IaU e,. 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: Pepalty 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.
SE I 1ON 6�: Severabl�ty. 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 24`"day of February, 2009.
}"r Rf,E, 1SWANCiE ; 1 1AYOR
0�1111111111 or-
� . ... �. .
.
Al A ,C; ,CO[' 1 'TLY
C:
maw
w a
... , 00
atthew Denton TRMC 40 X10
TOWN SECRETARY
rEx As
Date(s)of Publication; µ„ m The Dallas Morning News—Collin County Edition
Page 2
ADOPTION OF THE 2006 INTERNATIONAL FUEL GAS CODE
Exhibit"A"
Town of Prosper
2006 International Fuel Gas Code
The following additions, deletions, and amendments to the 2006 International Fuel Gas Code adopted
herein are hereby approved and adopted.
Chapter 1. Administration of the 2006 International Fuel Gas Code is amended as follows:
Section 102 Applicability of the 2006 International Fuel Gas Code is amended as follows:
102.8 Referenced codes and standards. The codes, v&eg_s,1.2eeL&q,11y adopted by the 'l"ow11 of
I''rosla and standards referenced in this code shall be those that are listed in Chapter 8 and such
codes 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 'tct the re,l"erenccd codes and standards each reference tosaidcode and standard shall be
considered to reference the amendments as well r,y meference to N 11A 70 or the ICC" 1_w1ectrical,
"�clgs ltq,ll trt,ean�the Electrical C"ode ras�rdcrl�te�i by tRl�..m 1�qwr�off"I?r'os�aer as it currently eyw�wst mra�`
piiiywwbc amended. Where rectuir•enients in this codeconflictwith any regnirenients of ot1tM
otes 1�y. �lmm�rdo
c _tile�l own of Prower most stringent r��ttlreme,nts shall a
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 106 Permits of the 2006 International Fuel Gas Code is amended as follows:
106.3.2 Time limitation of application. An application for a errnit for any proposed work shall,
be deci wed to have bggj Lb ncl n(Z(l C ..clay, aaftyw_the Aare of filing unless sucLi y,j,&a1tt.�r�.ro11 has,
bggn j) -stied in od °faith or 'a 1)r�t,°in t ,has been issued'. except that the buildi�coft tial is.
authorizexl to grant one or moreextensions ofti to I'm a�tdditional periods note c„eedt� MQ c',
eaeh�fhe t xtr�sport shall Mewl°e clrte tmcclNth writitagantlit�ktlr�tl l eauwe1e�la�trstr4,te,1.
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 and received a miniiffilin sof one approved unsuns p1 kaion 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 hal 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 Fuel Gas 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.
Page 3
ADOPTION OF THE 2006 INTERNATIONAL FUEL GAS 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 General Regulations of the 2006 International Fuel Gas Code is amended as follows:
Section 305 Installation of the 2006 International Fuel Gas Code is amended as follows:
305.7 Clearances from grade. Equipment and appliances installed at grade level shall be
supported on a level concrete slab extending above adjoining grade a
minimunn of 3 inches °76 min) or shall be suspended a minimum of 6 inches (152 mm) above
adjoining grade.
Section 306 Access and service space of the 2006 International Fuel Gas 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 ksg 1, ted 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
lninimuin, access to the atlk�s,qce shakl be provided lm one of tlmc followinY:
1. Permanent stairs or ladder fastened to time buildingt
pA1 l a`1own stair with a inininnu�nn 300 Ib. ralin .
An 11e.c,+,sm ITd s2or fronin an ud lan r floor.
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 6 Specific Appliances of the 2006 International Fuel Gas Code is amended as follows:
Section 614 Clothes dryer exhaust of the 2006 International Fuel Gas Code is amended as follows:
614.6.1 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,m and provided that a 4 inch by
Page 4
ADOPTION OF THE 2006 INTERNATIONAL FUEL GAS CODE
Jx..Jnch- jj_E color willi white letters
fly...affixed to the structure stalingjliq
lkil Lqwl j,
4"V tnfly1w.: 1.)ryer must be aj2j,_)rovgA_Lq�..XgiL.k velwd elm
q.g0i not to exceed 40 et total deo
(L12L'), Q11cl Size: (117800'1 Nit g'
ildicyj"roigil DeveLpp )fli: (1mverl unihn)
gK,Ll,cnL,
End of Exhibit"A"
Page 5
ADOPTION OF THE 2006 INTERNATIONAL FUEL GAS CODE