09-038 - O TOWN OF PROSPER,TEXAS ORDINANCE NO. 09-038
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, REPEALING
ORDINANCE NOS. 89-3, 96-10, 97-10, AND 04-32; ADOPTING THE 2006
EDITION OF THE INTERNATIONAL BUILDING CODE, SAVE AND
EXCEPT THE DELETIONS AND AMENDMENTS SET FORTH HEREIN;
REGULATING THE CONSTRUCTION, ALTERATION, MOVEMENT,
ENLARGEMENT, REPLACEMENT, REPAIR, EQUIPMENT, USE AND
OCCUPANCY, LOCATION, MAINTENANCE, REMOVAL, AND
DEMOLITION OF EVERY BUILDING OR STRUCTURE OR ANY
APPURTENANCES CONNECTED OR ATTACHED TO SUCH BUILDING
OR STRUCTURES 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("llrosp r")to repeal Ordinance Nos. 89-3, 96-10, 97-10, and 04-32; 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 Building 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: FindiM.Inco, atccl. The findings set forth above are incorporated into the body
of this Ordinance as if fully set forth herein.
SECTION 2: R pesil of Ordinance Nos. 89-3.96.-.1 Q, -I Q,,an(] 04-32. Prosper Ordinance Nos.
89-3, 96-10, 97-10, and 04-32 are repealed in their entirety and replaced by this Ordinance.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which time Ordinance Nos. 89-3, 96-10, 97-10, and 04-32 shall be repealed.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 Nos. 89-3, 96-10, 97-10, and 04-32 occurring before the effective date of
this Ordinance.
SECTION 3: Ad-option of the 2006 1n,ternatiogaml_1 r�ildim, ("'ode,. The International Building
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 Building code for Prosper, regulating the construction, alteration, movement,
enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal, and
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ADOPTION OF THE 2006 INTERNATIONAL BUILDING CODE
demolition of every building or structure or any appurtenances connected or attached to such buildings or
structures within Prosper (the "2006 International Building Code"). The 2006 International Building
Code is made a part of this Ordinance as if fully set forth herein. A copy of the 2006 International
Building 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 Building Code.
SECTION : SLivi l&M I&pu�.l„wr7,g mmC La��� 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: P n aI!y__ILrKvus a . 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: ScycUb.ilily. 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.
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ADOPTION OF THE 2006 INTERNATIONAL BUILDING CODE
Exhibit"A"
Town of Prosper Amendments
2006 International Building Code
The Following additions, deletions and amendments to the 2006 International Building Code adopted
herein are herby approved and adopted.
Chapter 1. Administration of the 2006 International Building Code is amended as follows:
Section 101 General of the 2006 International Building Code is amended as follows:
R101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.7 and
referenced elsewhere in this code, when sp�Leitt�rNly shall be considered part of the
requirements of this code to the prescribed extent of each such reference. Whenever amendments
have been adopt ,d to the referenced codes and startdarcl ,�[i..rcferoicc to said codes and
standards shall be considered to reference to the amendments as w lL_ &ity n de to
NFPAITITIT70 or the ICC Electrical Code shall_mean the Electrical Code as adopted. Where
t rm irenienls, in this C(,)(le conflict w�vitl7 ally r�cltli-ements of other���lowed aides by alae T�ar,�rt f
RajS 2q!w.ITthe inost stringent requircmurats shLrl „p.pjy.
101.4.1 Electrical. The provisions of the 1G 1µle trac de National Electrical ('ode (Nl'P
70 shall apply to the installation of electrical systems, including alterations, repairs, replacement,
equipment,appliances, fixtures,fittings and appurtenances thereto.
Section 105 Permits of the 2006 International Building Code is amended as follows:
105.2 Work exempt from permit.Exemptions from permit requirements of this code shall not be
deemed to grant authorization for anywork to be done in any manner in violation of the provisions
of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for
the following:
Building:
I—ane-strrsy rletaul d a essc r slr rctr r owed -t<rcal and st ar�rge sl eds,.playbouse:,-rmd
s+nrailar�w�rrses,-lar�ewr wdedheloc�r�ar-eaoes �t eeerl--1-2Orsrlrr�-l`eet�(:11.rr�2 ;
-lrres�r�ot�rv+er l�t�12 �r� �-1ril�
3.Oil derricks.
4.Retaining walls that are not over 4 feet(1219 mm) in height measured from the bottom
of the footing to the top of the wall,unless supporting a surcharge or impounding Class 1,
II or IIIA liquids.
5. Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons
(18 925 L)and the ratio of height to diameter or width does not exceed 2:1.
fr, gic rows l : rid lrivsway r r t n o tl aer t it l e :�2-nrrra) 16ov a paeent-��r-adr rr El
not ove -any-bba errient-gar=.�my of-awaceess efeute.
7.Painting,papering,tiling,carpeting,cabinets,counter tops and similar finish work.
8.Temporary motion picture,television and theater stage sets and scenery.
9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than
24 inches (610 mm) deep, do not exceed 5,000 gallons (18 925 L) and are installed
entirely above ground.
10. Shade cloth structures constructed for nursery or agricultural purposes, not including
service systems.
11. Swings and other playground equipment accessory to detached one- and two-family
dwellings.
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ADOPTION OF THE 2006 INTERNATIONAL BUILDING CODE
12. Window awnings supported by an exterior wall that do not project more than 54
inches (1372 mm) from the exterior wall and do not require additional support of Group
R-3 and U occupancies.
13.Nonfixed and movable fixtures, cases,racks, counters and partitions not over 5 feet 9
inches(1753 mm)in height.
105.3.2 Time limitation of application. An application for a permit for any proposed work shall
be deemed to have been abandoned xSO 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 building official is
authorized 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 cause demonstrated.
105.5 Expiration.Every permit issued shall become invalid unless the work on the site authorized
by such permit is commenced and received„a 'inninfin rm of sage approved his jet within 180
days after its issuance, or if the work authorized on the site by such permit is suspended or
abandoned for a period of 180 days after the time the work is commenced. The building official is
authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days
each. The extension shall be requested in writing and justifiable cause demonstrated. Before such
work recommences, a new lnear'l,it shall be firstmmobtalined and the fbe therefore shall b the amour
acgfasa cl (ira'as new pmpiLfor such work I)Lgvi(led mto_changts have been made orITwill_b mads; in
the original cons(r aretioq_dtrcuments formmsuch work, and provided further that su ,l) sus ernslt'an or
abandonment has not e�xceecied one, gittL
Section 108 Fees of the 2006 International Building Code is amended as follows:
108.4 Work commencing before permit issuance. Any person who commences any work on a
building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary
permits shall be subject to a I1enalty gf 1()Q06 of tj)� trsaaa,l,..41 a'tp� tem fey*-establisbetl^4ly—h
building-+”,6a"haat l all-be in addition to the required permit fees.
Section 109 Inspections of the 2006 International Building Code is amended as follows:
109.3.5 Lath and gypsum board inspection. Lath and gypsum board inspections shall be made
after lathing and gypsum board, interior and exterior, is in place, but before any plastering is
applied or gypsum board joints and fasteners are taped and finished.
1 m l)tion(iyp a ffi+oefd4ha(4. nt tN.pata t f' flee-r i stun -r art edd-asseatably ori slit at:r
may.
Chapter 27. Electrical of the 2006 International Building Code is amended as follows:
Section 2701 General of the 2006 International Building Code is amended as follows;
2701.1 Scope. This chapter governs the electrical components, equipment and systems used in
buildings and structures covered by this code. Electrical components, equipment and systems shall
be designed and constructed in accordance with the provisions of the ICS National Electrical
Code.
End of Exhibit"A"
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ADOPTION OF THE 2006 INTERNATIONAL BUILDING CODE