09-039 - O TOWN OF PROSPER,TEXAS ORDINANCE NO. 09-039
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, REPEALING
ORDINANCE NO. 89-3, 96-10, 97-10, and 04-36; ADOPTING THE 2006
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 ("Town Council") has
investigated and determined that it would be advantageous and beneficial to the citizens of the Town of
Prosper, Texas("j',rQsjj .r")to repeal Ordinance No. 89-3, 96-10, 97-10, and 04-36; 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 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:
SECTION 1; Findin Incorporated. The findings set forth above are incorporated into the body
of this Ordinance as if fully set forth herein.
SECTION2: Rep���lmmc)f Ordinance No. 89-3 96-10 97-10 yntd 04-36, Prosper Ordinance No,
89-3, 96-10, 97-10, and 04-36 is repealed in its entirety and replaced by this Ordinance.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which time Ordinance No. 89-3, 96-10, 97-10, and 04-36 shall be repealed.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. 89-3, 96-10, 97-10, and 04-36 occurring before the effective date of
this Ordinance.
SECTION 3. Ado lion of the 2006 InternationUll P1un1bing.-...q&. The International Plumbing
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 Plumbing Code for Prosper, regulating the erection, installation, alteration, repairs,
relocation, replacement, addition to, use or maintenance of plumbing systems within Prosper (The "2006
International Plumbing Code"). The 2006 International Plumbing Code is made a part of this Ordinance
as if fully set forth herein. A copy (1) of the 2006 International Plumbing Code, 2006 Edition,
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ADOPTION OF THE 2006 INTERNATIONAL PLUMBING CODE
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 Plumbing Code.
1s�C"I"f .JN 4: Savllag mmD uK Iq) 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 Penali, 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 : Severability. 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`h day of February, 2009.
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attliew D. Denton,TRMC�
TOWN SECRETARY
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Date(s)of Publication; ' " I I'lle . tt el��"�aPIA 'o K#* ('7011in t )t)r P"Vift n
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ADOPTION OF THE 2006 INTERNATIONAL PLUMBING CODE
Exhibit"A"
Town of Prosper
2006 International Plumbing Code
The following additions, deletions, and amendments to the 2006 International Plumbing Code adopted
herein are hereby approved and adopted.
Chapter 1. Administration of the 2006 International Plumbing Code is amended as follows:
Section 102 Applicability of the 2006 International Plumbing 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, when specifically aftjtcL(j, 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 aunendments have been adopted to the referenced
code,; ttttlt�tqdgir( c.o(Lli reference to said code and standard shall be,considered to reference the
amendnte�nts as well,, � n reference to NFP 70 or the ICC Electrical Code shall mean the
Electt cal Cocke as adopted by the Town of Prct ,fiMt,�ut��ea��a�mtkly e xiwtmoi
may beamended. Dare
rreetluii-ements in this code eonlloct tiv tl� arm ttet,tttlertrmm tr of father adopted cordes by�tlie l�cs�vtt_of
P°oa�the most sliallnfr rI .,
T ggplio _.Where enforcement of a code rovision would wviolate the conditions of the listing of
t;l t_mac wit tf r Lo g pliance, the conditi<ms f�QiQj5jLkigA!id the manufacturer's installation
instructions shall al��a
Section 106 Permits of the 2006 International Plumbing Code is amended as follows:
106.3.2"11nic limitation of application. An application Im a perinit for any proposed work shall
be deeined to have beery abandoned 90,,,d _afler the date of tiling unless :stick sr ali�oMx i�j
been ursued in good�faitlt or a ticrrytrt has_beenisLi arm'° at Haat the larrildit�gW o1�icd;`t1..w:!us
auutbo i ed to orwit one, or more.extensions of finic tor•additional erio(is no(e-xqvcditrg
acla.7lre.gx tt tcat l all;,w e_re+Itiestcd itt wj`iting,art'iito-_stitiable carlse clenaortsttarte .,
106.5.3 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 waitiiintsm�ot's)nL,1)rroved inspection 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.
106.6.2 Fee schedule. The fees for Plumbing work shall be as indicated in the Town of Prosper
Building Inspections Fee Schedule
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 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 PLUMBING 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 9.Vents of the 2006 International Plumbing Code is amended as follows:
Section 917 Air Admittance Valves of the 2006 International Plumbing Code is amended as follows:
917.3 Where permitted. Individual, branch and circuit vents shall be permitted to terminate with
a connection to an individual or branch-type air admittance valve. Stack vents and vent stacks
shall be permitted to terminate to stack-type air admittance valves. Individual and branch-type air
admittance valves shall vent only fixtures that are on the same floor level and connect to a
horizontal branch drain. The horizontal branch drain having individual and branch-type air
admittance valves shall conform to Section 917.3.1 or 917.3.2. Stack-type air admittance valves
shall conform to Section 917.3.3 Air admittance valves shall only he installed witli..the rd'
N%rritten api) oval'caftlle.Bijil lin Official,
End of Exhibit"A"
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ADOPTION OF THE 2006 INTERNATIONAL PLUMBING CODE