HomeMy WebLinkAboutOrdinances (O-02-1333)-02/19/2002
ORDINANCE 0-02-1333
N ORDINANCE OF THE CITY OF COllEYVlllE, TEXAS, AMENDING CHAPTER
18, ARTICLE V - MECHANICAL CODE OF THE CODE OF ORDINANCES OF THE
ITY OF COllEYVlllE, TEXAS TO ADOPT THE 2000 EDITION OF THE
INTERNATIONAL MECHANICAL CODE; PROVIDING FOR THE ADOPTION OF
lOCAL AMENDMENTS RECOMMENDED BY THE REGIONAL CODES COMMITTEE
F THE NORTH CENTRAL TEXAS COUNCil OF GOVERNMENTS; PROVIDING
FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR AN EFFECTIVE DATE; PROVIDING A PENALTY AND
UTHORIZING PUBLICATION.
the City Council of the City of Colleyville has determined that it is in the
best interests of the citizens of Colleyville, Texas, to adopt the 2000
edition of the International Mechanical Code; and
the City Council of the City of Colleyville has determined that it is in the
best interest of the citizens of Colleyville, Texas to adopt the local
amendments to the 2000 edition of the International Mechanical Code as
recommended by the Regional Codes Committee of the North Central
Texas Council of Governments; and
HEREAS, notice of a public hearing before the City Council was published in a
newspaper of general circulation in Colleyville at least 15 days before
such hearing.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF
OllEYVlllE, TEXAS:
Sec. 1. THAT Chapter 18, Article V - Mechanical Code, of the Code of Ordinances of
the City of Colleyville, Texas, is hereby amended in its entirety to insert a new
Division 1 and Section 18-201 to read as follows:
DIVISION 1. GENERAllY
Section 18-201. Title, scope and purpose.
(a) Title. These regulations shall be known as the "Colleyville Mechanical
Code," may be cited as such, and will herein be referred to as "this code."
(b) Scope. The provisions of this code shall apply to the design, installation,
alteration, repair, relocation, replacement, maintenance and inspection of
mechanical systems that are installed and utilized to provide control of
environmental conditions and related processes within buildings
constructed and located within the corporate limits of the City of
Colleyville, Texas. The installation of fuel gas distribution piping and
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equipment, fuel gas-fired appliances and fuel gas-fired appliance venting
systems shall be regulated by the Fuel Gas Code, a part of the Colleyville
Plumbing Code.
(c) Purpose. The purpose of this code is to provide minimum standards to
safeguard life or limb, health, property and public welfare by regulating
and controlling the design, construction, installation, quality of materials,
location, operation, and maintenance or use of mechanical equipment and
systems.
Sec. 2. THAT Section 18-202 of Chapter 18, Article V - Mechanical Code, of the
Code of Ordinances of the City of Colleyville, Texas, is hereby amended in its
entirety to read as follows:
Section 18-202. Definitions.
For the purpose of this article, certain terms, phrases, words, and their
derivatives shall be construed as set out in this section. Words used in the
singular include the plural and the plural includes the singular. Words used in
the masculine gender include the feminine, and the feminine includes the
masculine. Words used in the International Plumbing Code shall have the
meanings assigned them in that document if any. Where terms, phrases, and
words are not defined, they shall have their ordinary acceptable meanings
within the context with which they are used. Webster's Third New
International Dictionary of the English Language, unabridged copyright 1986,
shall be considered as providing ordinarily accepted meanings.
Authorized person means any individual, firm, or corporation who or which is
licensed under the provisions of this article to do the work as permitted under
the specific provisions of this article.
Board means Construction Board as described by this article.
Building Code means the Colleyville Building Code as adopted by the City of
Colleyville.
City means the territory within the corporate limits of the City of Colleyville,
Texas, or the legally constituted governing body thereof, its agents and its
officers.
City Council means the City Council of the City of Colleyville, Texas.
Code Official means the Building Official or his authorized representative
employed by or under contract with the City of Colleyville for the enforcement
of this article.
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Contractor's Board means the Construction Board of Appeals of the City of
Colleyville, Texas.
Electrical Code means the Colleyville Electrical Code as adopted by the City
of Colleyville.
Energy Code means the Colleyville Building Code, but more specifically the
International Energy Code as adopted by the City of Colleyville.
Exception means affirmative defense for all purposes.
Fire Prevention Code means the Colleyville Fire Code as adopted by the City
of Colleyville.
Fuel Gas Code means the Colleyville Plumbing Code, but more specifically
the International Fuel Gas Code as adopted by the City of Colleyville.
Homeowner means any person who resides in his own property.
Inspector means any person employed by the City of Colleyville for the
purpose of inspecting plumbing work and installations in connection with
health and safety laws and ordinances, who has no financial interests in any
plumbing company, and who has successfully fulfilled the examinations and
requirements of the Texas State Plumbing Board.
Mechanical Code means the Colleyville Mechanical Code as adopted by the
City of Colleyville.
Residential Code means the Colleyville Building Code, but specifcally the
International Residential Code as adopted by the City of Colleyville.
Person means individual, firm, corporation, partnership, and any other legal or
business entity.
Registered when used with the words "plumbing contractor" or the like,
means that the person has made application to the code official and has
provided proof that he is qualified to do the work stated in the application, that
he has paid the necessary registration fees to date, been issued a certificate
of registration, and that his name is carried in the records of the code official
as a person authorized to do plumbing work for which he is registered.
Special approval means written consent of the code official of the City of
Colleyville, Texas.
Temporary installation means installation of plumbing work that is intended to
be in place for a period of time not in excess of ninety (90) days.
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ec. 3. THAT Section 18-203 of Chapter 18, Article V - Mechanical Code, of the
Code of Ordinances of the City of Colleyville, Texas, is hereby amended in its
entirety to read as follows:
Section 18-203. Application of article.
(a) General. The provisions of this article shall apply to all mechanical
systems, mechanical facilities and mechanical equipment and to all work
done on all mechanical systems, mechanical facilities and mechanical
equipment within or on public and private buildings and premises. Where,
in any specific case, different sections of this code specify different
materials, methods of construction or other requirements, the most
restrictive shall govern.
(b) Existing installations. Except as otherwise provided for in this article,
mechanical systems and equipment lawfully in existence at the time of the
adoption of this code may have their use, maintenance or repair continued
if the use, maintenance or repair is in accordance with the original design,
if no hazard to life, health or property has been created by such
mechanical system and equipment, and if the mechanical system and
equipment are maintained in good repair.
(c) Maintenance. All mechanical systems, materials and appurtenances, both
existing and new, and all parts thereof, shall be maintained in proper
operating condition in accordance with the original design in a safe and
sanitary condition. All devices or safeguards required by this code shall
be maintained in compliance with the code edition under which installed.
The owner or the owner's designated agent shall be responsible for
maintenance of mechanical systems. To determine compliance with this
provision, the code official shall have the authority to require any
mechanical system to be re-inspected.
(d) Additions, alterations or repairs. Additions, alterations, renovations or
repairs to any mechanical system shall conform to that required for a new
mechanical system without requiring the existing mechanical system to
comply with all the requirements of this code. Additions, alterations or
repairs shall not cause an existing system to become unsafe, unsanitary
or overloaded. Minor additions, alterations, renovations and repairs to
existing mechanical systems shall be permitted in the same manner and
arrangement as in the existing system, provided that such repairs or
replacement are not hazardous and are approved.
(e) Change in occupancy. It shall be unlawful to make any change in the
occupancy of any structure that will subject the structure to any special
provision of this code applicable to the new occupancy without approval of
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the code official. The code official shall certify that such structure meets
the intent of the provisions of law governing building construction for the
proposed new occupancy and that such change of occupancy does not
result in any hazard to the public health, safety or welfare. No change
shall be made in the use or occupancy of any building that would place the
building in a different division of the same group of occupancy or in a
different group of occupancies, unless such building is made to comply
with the requirements of this code for such division or group of occupancy.
Subject to the approval of the code official, the use or occupancy of
existing buildings shall be permitted to be changed and the building is
allowed to be occupied for purposes in other groups without conforming to
all the requirements of this code for those groups, provided the new or
proposed use is less hazardous, based on life and fire risk, than the
existing use.
(f) Moved buildings. Mechanical systems that are part of buildings or
structures moved into or within the corporate limits of the City of
Colleyville, Texas, shall comply with the provisions of this code for new
installations.
(g) Requirements not covered by code. Any requirements necessary for the
strength, stability or proper operation of an existing or proposed
mechanical system, or for the public safety, health and general welfare,
not specifically covered by this code, shall be determined by the code
official.
Sec. 4. THAT Section 18-204 of Chapter 18, Article V - Mechanical Code, of the
Code of Ordinances of the City of Colleyville, Texas, is hereby amended in its
entirety to read as follows:
Section 18-204. Violation of code.
(a) Unlawful acts. It shall be unlawful for any person, firm or corporation to
erect, construct, alter, repair, remove, demolish or utilize any mechanical
system or equipment, or cause same to be done, in conflict with or in
violation of any of the provisions of this code.
(b) Violation penalties. Any person, firm or corporation violating any of the
provisions of this code shall be fined as provided for in Section 1-6 of
these Code of Ordinances.
(c) Stop work orders. Upon notice from the code official, work on any
mechanical system that is being performed contrary to the provisions of
this code or in a dangerous or unsafe manner shall immediately cease
said work. Such work shall not resume until authorized by the code official
to proceed. Such notice shall be in writing and shall be given to the owner
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of the property, or to the owner's agent, or to the person doing the work or
causing such work to be done. Where an emergency exists, the code
official shall not be required to give a written notice prior to stopping the
work.
(d) Abatement of violation. The imposition of the penalties herein prescribed
shall not preclude the legal officer of the jurisdiction from instituting
appropriate action to prevent unlawful construction or to restrain, correct
or abate a violation, or to prevent illegal occupancy of a building, structure
or premises, or to stop an illegal act, conduct, business or utilization of the
mechanical on or about any premises.
(e) Unsafe mechanical systems or equipment. Any mechanical system or
equipment regulated by this code that is unsafe or that constitutes a fire or
health hazard, unsanitary condition, or is otherwise dangerous to human
life is hereby declared unsafe. Any use of a mechanical system or
equipment regulated by this article constituting a hazard to safety, health
or public welfare by reason of improper installation, inadequate
maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or
abandonment is hereby declared an unsafe use. Any such unsafe
equipment is hereby declared to be a public nuisance and shall be abated
by repair, rehabilitation, demolition or removal.
When any mechanical system or equipment is maintained in violation of
this code, and in violation of any notice issued pursuant to the provisions
of this section, the code official may institute any appropriate action to
prevent, restrain, correct or abate the violation.
(f) Authority to condemn. Whenever the code official determines that any
mechanical system or equipment, or portion thereof, regulated by this
code has become hazardous to life, health or property or has become
unsanitary, or is otherwise dangerous to human life, the code official shall
order in writing that such mechanical system or equipment either be
removed or restored to a safe or sanitary condition. A time limit for
compliance with such order shall be specified in the written notice. No
person shall use or maintain defective mechanical after receiving such
notice.
(g) Authority to order disconnection of utilities. The code official shall have the
authority to order disconnection of any mechanical, energy source or utility
service supplied to a building, structure or equipment regulated by this
article when it is determined that the equipment or any portion thereof has
become hazardous or unsanitary. Written notice of such order to
disconnect service and the causes therefore shall be given within 24 hours
to the owner and occupant of such building, structure or premises,
provided, however, that in cases of immediate danger to life or property,
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such disconnection shall be made immediately without such notice. If not
notified prior to disconnecting, the owner or occupant of the building,
structure or service systems shall be notified in writing, as soon as
practical thereafter.
(h) Connection after order to disconnect. No person shall make connections
from any energy, fuel, power supply or water distribution system or supply
energy, fuel, power or water to any equipment regulated by this code that
has been disconnected or ordered to be disconnected by the code official
or the use of which has been ordered to be discontinued by the code
official until the code official authorizes the reconnection and use of such
equipment.
(i) Unauthorized permits. It shall be unlawful for any person to secure for or
furnish a permit for the installation, alteration, or repair of mechanical
systems to any person not entitled to such permit under the regulations of
this article.
Sec. 5. THAT Chapter 18, Article V - Mechanical Code, of the Code of Ordinances of
the City of Colleyville, Texas, is hereby amended to insert a new Section 18-
205 to read as follows:
Section 18-205. Mechanical Code adopted; conflicting provisions; local
amendments.
(a) Adopted. The International Mechanical Code, 2000 edition, as
recommended by the International Codes Council, a copy of which is on
file in the office of the City Secretary, is hereby adopted and incorporated
by reference and made a part of this article as the mechanical code of the
City of Colleyville, subject to and including by reference such
amendments, corrections, and additions as shall appear in this article.
(b) Controlling law in case of conflict. In the event of a conflict between the
provisions of the mechanical code adopted and incorporated in subsection
(a) of this section and this Code of Ordinances, the provisions in this
article shall prevail.
(c) Amendments to International Mechanical Code. The International
Mechanical Code, 2000 edition, as recommended by the International
Codes Council is hereby amended to include the recommendations of the
Regional Codes Committee of the North Central Texas Council of
Governments for mechanical installations in the City of Colleyville, Texas,
which are as follows:
1. Section 102.8; change to read as follows:
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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.
2. Section 302.3; change to read as follows:
302.3 Cutting, notching and boring in wood framing. When
permitted by the International Building Code, the cutting, notching and
boring of wood framing members shall comply with Sections 302.3.1
through 302.3.3.
3. Section 304.5; delete.
4. Section 304.8; change to read as follows:
304.8 Clearances from grade. Equipment and appliances installed at
grade level shall be supported on a level concrete slab or other
approved material extending above adjoining grade a minimum of 3
inches (76 mm) or shall be suspended a minimum of 6 inches (152
mm) above adjoining grade.
5. Add Section 304.11 to read as follows:
304.11 Minimum burial depth. Underground fuel piping systems shall
be installed a minimum depth of 18 inches (458 mm) below grade.
6. Section 306.3; change to read as follows:
306.3 Appliances in attics. Attics containing appliances reqUiring
access shall be provided. . . {bulk of paragraph unchanged} . . . 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
where such dimensions are not large enough to allow removal of the
largest appliance. As a minimum, access to the attic space of
residential uses shall be provided by one of the following:
1 . A permanent stair.
2. A pull down stair.
3. An access door from an upper floor level.
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Exception: The passageway and level service space are not
required where the appliance is capable of being serviced and
removed through the required opening.
7. Section 306.3.1; add a sentence to read as follows:
Low voltage wiring of 50 Volts or less shall be installed in a manner to
prevent physical damage.
8. Section 306.4.1; add a sentence to read as follows:
Low voltage wiring of 50 Volts or less shall be installed in a manner to
prevent physical damage.
9. Section 306.5; change to read as follows:
306.5 Equipment and appliances on roofs or elevated structures.
Where equipment and appliances requiring access are installed on
roofs or elevated structures at a height exceeding 16 feet (4877 mm),
such access shall be provided by a permanent approved means of
access. Permanent exterior ladders providing roof access need not
extend closer than 8 feet (2438 mm) to the finish grade or floor level
below and shall extend to the equipment and appliance's level service
space. Such access shall . . . {bulk of section to read the same} . . . on
roofs having a slope greater than 4 units vertical in 12 units horizontal
(33-percent slope).
A receptacle outlet shall be provided at or near the equipment and
appliance location in accordance with the Electrical Code. Low voltage
wiring of 50 Volts or less shall be installed in a manner to prevent
physical damage.
10. Section 306.6; add a second paragraph to read as follows:
A receptacle outlet shall be provided at or near the appliance location
in accordance with the Electrical Code. Low voltage wiring of 50 Volts
or less shall be installed in a manner to prevent physical damage.
11. Add Section 306.6.1 to read as follows:
306.6.1 Catwalk. On roofs having slopes greater than 4 units vertical
in 12 units horizontal, a catwalk at least 16 inches in width with
substantial cleats spaced not more than 16 inches apart shall be
provided from the roof access to the working platform at the appliance.
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12. Add Section 306.7 to read as follows:
306.7 Water heaters above ground or floor. When the mezzanine or
platform in which a water heater is installed is more than eight (8) feet
(2438 mm) above the ground or floor level, it shall be made accessible
by a stairway or permanent ladder fastened to the building.
306.7.1 Whenever the mezzanine or platform is not adequately
lighted or access to a receptacle outlet is not obtainable from the
main level, lighting and a receptacle outlet shall be provided in
accordance with Section 306.3.1.
13. Section 307.2.1; modify second sentence to read as follows:
307.2.1 Condensate disposal. Condensate from all cooling coils and
evaporators shall be conveyed from the drain pan outlet to an
approved place of disposal. Condensate shall not discharge in a
publicly exposed area such as into a street, alley, sidewalk or other
areas so as to cause a nuisance.
14. Section 307.2.2; add a second paragraph to read as follows:
Condensate waste pipes from air-cooling coils may be sized in
accordance with equipment capacity as follows:
Equipment Capacity Minimum Condensate
in tons of refriaeration Pice Inside Diameter
Up to 20 tons 3/4 inch
Over 20 to 40 tons 1 inch
Over 40 to 90 tons 1 1/4 inch
Over 90 to 125 tons 1 % inch
Over 125 to 250 tons 2 inch
The size of condensate waste pipes may be for one unit or a
combination of units, or as recommended by the manufacturer. The
capacity of waste pipes assumes a 1/8-inch-per-foot slope, with the
pipe running three-quarters full.
15. Section 307.2.3; add item #4 to read as follows:
4. Discharge, as noted, shall be to a conspicuous point of disposal to
alert occupants in the event of a stoppage of the drain. However, the
conspicuous point shall not create a hazard such as dripping over a
walking surface or other areas so as to create a nuisance.
16. Section 401.5; add a second exception to read as follows:
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Exceptions:
1. {existing exception unchanged}
2. Toilet room exhaust ducts may terminate in a warehouse or shop
area when infiltration of outside air is present.
17. Section 403.2; add an exception to read as follows:
Exception: Where the design professional demonstrates that an
engineered ventilation system is designed in accordance with
ASHRAE 62, the minimum required rate of outdoor air shall be
permitted to be as specified in such engineered system design.
18. Section 403.2.1; add an item #4 to read as follows:
4. Toilet rooms within private dwellings that contain only a water closet,
lavatory or combination thereof may be ventilated with an approved
mechanical recirculating fan or similar device designed to remove
odors from the air.
19. Table 403.3, footnote g: change to read as follows:
g. Transfer air permitted in accordance with Section 403.2.2. Toilet
rooms within private dwellings that contain only a water closet, lavatory
or combination thereof may be ventilated with an approved mechanical
recirculating fan or similar device designed to remove odors from the
air.
20. Section 501.3; add a second exception to read as follows:
Exceptions:
1 . {existing exception unchanged}
2. Toilet room exhaust ducts may terminate in a warehouse or shop
area when infiltration of outside air is present.
21. Section 504.6; add a sentence to read as follows:
The size of duct shall not be reduced along its developed length nor at
the point of termination.
22. Section 504.6.1; change to read 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 with not more than two bends. When
extra bends are installed, the maximum length of the duct shall be
reduced 2.5 feet (762 mm) for each 45-degree (0.79 rad) bend and 5
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feet (1524 mm) for each 90-degree (1.6 rad) bend that occur after the
first two bends, measuring in the direction of airflow.
{Exception is unchanged}
23. Section 506.3.11; change to read as follows:
506.3.11 Duct enclosure. A grease duct serving a Type I hood that
penetrates a ceiling, wall or floor shall be enclosed ... {bulk of
paragraph unchanged}... through the use of weather-protected
openings. The enclosure shall be separated from the duct by a
minimum of 3 inches (76 mm) and a maximum of 12 inches (305 mm)
and shall serve a single grease exhaust duct system.
{Exceptions remain unchanged.}
24. Section 510.7; add a second exception to read as follows:
Exceptions:
1. {existing exception unchanged}
2. Ducts where the largest cross-sectional diameter of the duct is less
than 10 inches (254 mm).
25. Section 604.1; change to read as follows:
604.1 General. Duct insulation shall conform to the requirements of
Sections 604.2 through 604.1, Table 604.1 and the International
Energy Conservation Code. Should there be any conflicts between
this section and the energy code, the energy code shall take
precedence.
Duct Location
26. Add Table No. 604.1 to read as follows:
Table 604.1 -Insulation of Ducts
Insulation Types
Mechanically Heating Zone 1
Cooled
Attics, garages and crawl spaces
In walls3, within floor-ceiling spaces"
A and V2
I
II
III
I
II
III
I
II
III
Insulation
Types
Heating Only
A and W
Band W
C and W
A
A
B
A
A
B
On roof on exterior of building
C, V2and W
A and V2
Within the conditioned space or in
Basements; return ducts in air
plenums
None required
None required
Cement slab or within Qround
None required
None reauired
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Note: Where ducts are used for both heating and cooling, the minimum insulation shall be as required for
the most restrictive condition.
1 Heating Degree Days:
Zone I below 4,500 D.O.
Zone II 4,501 to 8,000 D.o.
Zone III over 8,000 D.O.
2 Vapor retarders shall be installed on supply ducts in spaces vented to the outside in geographic areas
where the summer dew point temperature based on the 2 ~ percent column of dry-bulb and mean
coincident wet-bulb temperature exceeds 600 F. (15.40 C).
3 Insulation may be omitted on that portion of a duct which is located within a wall- or a floor-ceiling space
where:
3.1 Both sides of the space are exposed to conditioned air.
3.2 The space is not ventilated.
3.3 The space is not used as a return plenum.
3.4 The space is not exposed to unconditioned air.
Ceilings that form plenums need not be insulated.
INSULATION TYPES4
A -- A material with an installed conductance of 0.48 [2.72 W/(m*K)] or the equivalent thermal resistance
of 2.1 [0.367 (m*K)/W].
Example of materials capable of meetin~ the above requirements:
1-inch (25 mm). 0.60 Ib./cu.ft. (9.6 kg/m ) mineral fiber, rock, slag or glass blankets.
~-inch (13 mm), 1.5 to 3 Ib./cu.ft. (24 to 48 kg/m31 mineral fiber blanket duct liner.
~-inch (13 mm), 3 to 10 Ib./cu.ft. (48 to 160 kg/m ) mineral fiber board.
B -- A material with an installed conductance of 0.24 [1.36 W/(m*K)] or the equivalent thermal resistance
of 4.2 [0.735 (m*K)/W].
Example of materials capable of meetin~ the above requirements:
2-inch (51 mm), 0.60 Ib./cu.ft. (9.6 kg/m ) mineral fiber blankets.
1-inch (25 mm), 1.5 to 3 Ib./cu.ft. (24 to 48 kg/m31 mineral fiber blanket duct liner.
1-inch (25 mm), 3 to 10 Ib./cu.ft. (48 to 160 kg/m ) mineral fiber board.
C -- A material with an installed conductance of 0.16 [0.9 W/(m*K)] or the equivalent thermal resistance of
6.3 [1.1 (m*K)/W].
Example of materials capable of meetin~ the above requirements:
3-inch (76 mm), 0.60 Ib./cu.ft. (9.6 kg/m ) mineral fiber blankets.
1 %-inch (38 mm), 1.5 to 3 Ib./cu.ft. (24 to 48 kg/m31 mineral fiber blanket duct liner.
1 %-inch (38 mm), 3 to 10 Ib./cu.ft. (48 to 160 kg/m ) mineral fiber board.
V --Vapor Retarders: Material with a perm rating not exceeding 0.05 perm [29 ng/Pa*s*m2]. All joints
to be sealed.
W - Approved weatherproof barrier.
4 The example of materials listed under each type is not meant to limit other available thickness and
density combinations with the equivalent installed conductance or resistance based on the insulation only.
27. Section 604.11; change to read as follows:
604.11 Vapor retarders. Where ducts used for cooling are externally
insulated, the insulation shall be covered with a vapor retarder in
accordance with Table 604.1 or aluminum foil having a minimum
thickness of 2 mils (0.051 mm). Insulations having a permeance of
0.05 perms [2.87 ng/(Pa . s . m2)] or less shall not be required to be
covered. All joints and seams shall be sealed to maintain the
continuity of the vapor retarder.
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28. Section 607.2.2; change to read as follows:
607.2.2 Hazardous exhaust ducts. Hazardous exhaust duct systems
shall extend directly to the exterior of the building and shall not extend
into or through ducts and plenums. Penetration of structural elements
shall conform to this section and the International Building Code except
that fire dampers are not required at penetration of fire-resistance-
rated assemblies.
29. Section 607.5.1; change to read as follows:
607.5.1 Fire Walls. Ducts and transfer openings permitted in fire walls
in accordance with Section 705.11 of the International Building Code
shall be protected with approved fire dampers installed in accordance
with their listing. Hazardous exhaust ducts shall not penetrate fire
walls.
30. Section 607.6.1; change to read as follows:
607.6.1 Through penetrations. In occupancies other than Groups 1-2
and 1-3, penetrations by an air duct through a fire-resistive-rated
floor/ceiling assembly that connects not more than two stories are
permitted without shaft enclosure protection where a fire damper is
installed at the floor line.
31. Chapter 14; delete.
Sec. 6. THAT Chapter 18, Article V - Mechanical Code, of the Code of Ordinances of
the City of Colleyville, Texas, is hereby amended to insert a new Section 18-
206 to read as follows:
Section 18-206. Appeals.
The contractors' board outlined in Chapter 22, Article II, of the Code of
Ordinances of the City of Colleyville shall serve as the mechanical board for
the purpose of hearing appeals, making interpretations, formulating
recommendations to the city council, and carrying out any other duties
required of a mechanical board in accordance with the provisions of this
article.
Sec. 7. THAT Chapter 18, Article V - Mechanical Code, of the Code of Ordinances of
the City of Colleyville, Texas, is hereby amended to insert a new Division 2
and Section 18-207 to read as follows:
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DIVISION 2. LICENSING AND CONTRACTOR REGISTRATION
Section 18-207. State license required
It shall be unlawful for any person who is not properly licensed with the State
of Texas to install any mechanical system or equipment within the corporate
limits of the City of Colleyville.
EXCEPTION: A property owner who wishes to do mechanical work in a
building owned and occupied by him as his homestead. The term "to do
mechanical work:" shall be construed to mean work actually done
personally by the owner. Under State law, work that deals with
refrigerants and equipment containing refrigerants may require additional
certificates or licenses that are not waived under this provision.
Sec. 8. THAT Chapter 18, Article V - Mechanical Code, of the Code of Ordinances of
the City of Colleyville, Texas, is hereby amended to insert a new Section 18-
208 to read as follows:
Section 18-208. Contractor registration.
(a) It shall be unlawful for any person to offer to do mechanical work within
the coroporate limits of the City of Colleyville unless the person is properly
registered in compliance with this Section.
(b) It shall be unlawful for any person to engage in the business of
mechanical contractor without being registered in the City of Colleyville in
compliance with this article. To be eligible for registration, any applicant for
a mechanical certificate of registration shall possess a valid license issued
by the State of Texas.
(c) Applicants for a certificate of registration as mechanical contractor shall
file with the code official an application setting forth the names of the
person or persons who are the owners of the business or who are the
officers of the firm. and the name and address of the persons who are
responsible for the business.
(d) The holder of a mechanical contractor's certificate of registration may
engage in the business of and secure permits for the installation, addition,
alteratiion, servicing, replacing, removing, or repairing of any mechanical
system.
(e) A registered mechanical contractor shall correct any defect, error, or
deficiency in any work installed under the authority of any mechanical
permit issued to him or her within ten (10) calendar days after written
notification by the code official or within a reasonable time the code official
prescribes. The code official inspector may without further notice, stop
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routinely inspecting a building or premises until corrections he or she
requires have been made, inspected, and approved.
Sec. 9. THAT Chapter 18, Article V - Mechanical Code, of the Code of Ordinances of
the City of Colleyville, Texas, is hereby amended to insert a new Section 18-
209 to read as follows:
Section 18-209. Proof of insurance.
Prior to the issuance of any mechanical permit for any purpose for which a
permit is required, each mechanical contractor shall provide written proof of
commercial general liability insurance written by a company licensed to do
business in this state for property damage or bodily injury in a coverage
amount not less than $300,000 for all claims arising in anyone year period.
Sec. 1 O. THAT Chapter 18, Article V - Mechanical Code, of the Code of Ordinances of
the City of Colleyville, Texas, is hereby amended to insert a new Division 3
and Section 18-210 to read as follows:
DIVISION 3. PERMITS
Section 18-210. Permit required; exceptions.
(a) Permit required. It shall be unlawful for any person to erect, install,
enlarge, alter, repair, remove, convert or replace any mechanical system,
the installation of which is regulated by this code, or to cause any such
work to be done, on any building, structure, or premises, whether publicly
or privately owned, without securing a permit from the code official, except
as otherwise provided in this article.
(b) Exempt work. No permit will be required to execute any of the following
work:
i. The stopping of leaks in drains, water, soil, waste or vent pipe,
provided, however, that if any concealed trap, drainpipe, water, soil,
waste or vent pipe becomes defective and it becomes necessary to
remove and replace the same with new material, such work shall be
considered as new work and a permit shall be obtained and inspection
made as provided in this code.
ii. Replacement of exposed traps; replacement of valves, nipples to sinks
and lavatories, replacement of mechanical fixtures, garbage disposals,
dishwashers, clothes washers and similar appliances; provided that in
all cases there is no change or replacement of mechanical piping.
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Exception: Replacement of water heaters and shower pans shall
require a permit.
iii. The clearing of stoppages in drains, soil, waste and vent piping.
(c) Exemption from the permit requirements of this code shall not be deemed
to grant authorization for any work to be done in violation of the provisions
of this code or any other laws or ordinances of this jurisdiction.
(d) Working with no permit. No person shall do mechanical work, with or
without a permit, in violation of the State of Texas Mechanical License
Law
(e) Revocation. The code official is authorized to revoke and declare null and
void any permit obtained under this article by fraud, misrepresentation, or
in any way contrary to the requirements of this article. Such a permit may
also be revoked and declared null and void by the code official for any
violation of the provisions of this article, or for any other just cause.
(f) Deviation from permit. No deviation shall be made from the installation
described in the permit issued under this article without notifying the code
official.
(g) The issuance of a permit shall not be taken as permission to violate any of
the requirements of this article.
(h) Securing permits for person not entitled. It shall be unlawful for any
person to secure for or furnish a permit for the installation, alteration, or
repair of a mechanical system or equipment to any person not entitled to
such permit under the regulations of this article.
Sec. 11. THAT Chapter 18, Article V - Mechanical Code, of the Code of Ordinances of
the City of Colleyville, Texas, is hereby amended to insert a new Section 18-
211 to read as follows:
Section 18-211. Whom permits may be issued to.
(a) General. No permit shall be issued to any person to do or cause to be
done any work regulated by this code, except to a person holding a valid,
unexpired and unrevoked State of Texas Air Conditioning and
Refrigeration Contractor's License, and who has on file with the City a
registration form as required by this code, except as otherwise hereinafter
provided in this section.
(b) Homestead owner. Permits may be issued to a property owner who
wishes to do mechanical work in a building owned and occupied by him as
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his homestead. The term "to do mechanical work" shall be construed to
mean work actually done personally by the owner. Under State law, work
that deals with refrigerants and equipment containing refrigerants may
require additional certificates or licenses that are not waived under this
provision.
(c) Plumbing contractors. Plumbing contractors that hold a valid State of
Texas Master Plumber's License and who has on file with the City a
registration form as required by this code may obtain permits and install
gas fired appliances which are not considered "air conditioning
contracting" by the State Air Conditioning Licensing Law.
(d) Boiler and pressure vessels. Boiler installation or repair contractors who
have been certified by an approved testing agency, testing to meet
American Society of Mechanical Engineers and American Welding Society
codes, or licensed as a State of Texas Air Conditioning and Refrigeration
Contractor may make boiler and pressure vessel installation and repair.
(e) Automatic Fire Extinguishing Installation. Automatic Fire System
Installation and Repair contractors who hold a Valid Class A Fire
Extinguisher Servicing License or a Fire Extinguishing System Planning
License issued by the State Fire Marshal and whose business has been
issued a valid certificate of registration for installation and service of fire
extinguisher systems by the State Fire Marshal, are required to obtain
permits for all automatic fire extinguishing system installations regulated
by this code.
Sec. 12. THAT Chapter 18, Article V - Mechanical Code, of the Code of Ordinances of
the City of Colleyville, Texas, is hereby amended to insert a new Section 18-
212 to read as follows:
Section 18-212. Application for permit.
(a) Application. Any person entitled to apply for and receive a permit as
provided in this article shall make application on forms provided by the
code official. The application shall be accompanied by such information
as may be necessary to determine whether the installation, as proposed,
will be in conformity with the requirements of this code. Every such
application shall:
i. Identify and describe the work to be covered by the permit for which
application is made.
ii. Describe the land on which the proposed work is to be done by legal
description, street address or similar description that will readily identify
and definitely locate the proposed building or work.
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iii. Indicate the use or occupancy for which the proposed work is intended
when deemed necessary.
iv. Be accompanied by plans, diagrams, computations and specifications
and other data related to the proposed work.
v. Be signed by the applicant or an authorized agent of the applicant.
vi. Give such other data and information as may be required by the code
official to determine compliance with this code.
(b) Plans and specifications. Plans, specifications, engineering calculations,
diagrams, soil investigation reports, special inspection and structural
observation programs and other data shall constitute the submittal
documents and shall be submitted in one or more sets with each
application for a permit. When such plans are not prepared by an
architect or engineer, the code official may require the applicant submitting
such plans or other data to demonstrate that state law does not require
that the plans be prepared by a licensed architect or engineer. The code
official may require plans, computations and specifications to be prepared
and designed by an engineer or architect licensed by the state to practice
as such even if not required by state law.
Exception: The code official may waive the submission of plans,
calculations, construction inspection requirements and other data if it is
found that the nature of the work applied for is such that reviewing of plans
is not necessary to obtain compliance with this code.
(c) Information on plans and specifications. Plans and specifications shall be
drawn to scale upon substantial paper or cloth and shall be of sufficient
clarity to indicate the location, nature and extent of the work proposed and
show in detail that it will conform to the provisions of this code and all
relevant laws, ordinances, rules and regulations.
Plans for building of other than Group R, Division 3 and Group U
Occupancies shall indicate how required structural and fire-resistive
integrity will be maintained where penetrations will be made for
mechanical and similar systems.
(d) Architect or engineer of record. When it is required that documents be
prepared by an architect or engineer, the code official may require the
owner to engage and designate on the permit application an architect or
engineer who shall act as the architect or engineer of record. If the
circumstances require, the owner may designate a substitute architect or
engineer of record who shall perform all of the duties required of the
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original architect or engineer of record. The code official shall be notified
in writing by the owner if the architect or engineer of record is changed or
is unable to continue to perform the duties.
The architect or engineer of record shall be responsible for reviewing and
coordinating all submittal documents prepared by others, including
deferred submittal items, for compatibility with the design of the building.
(e) Deferred submittals. For the purpose of this Section, deferred submittals
are defined as those portions of the design that are not submitted at the
time of the application and that are to be submitted to the code official
within a specified period.
Deferral of any submittal items shall have prior approval of the code
official. The architect or engineer of record shall list the deferred
submittals on the plans and shall submit the deferred submittal documents
for review by the code official.
Submittal documents for deferred submittal items shall be submitted to the
architect or engineer of record who shall review them and forward them to
the code official with a notation indicating that the deferred submittal
documents have been reviewed and that they have been found to be in
general conformance with the design of the building. The deferred
submittal items shall not be installed until their design and submittal
documents have been approved by the code official.
(f) Expiration of plan review. Applications for which no permit is issued within
180 days following the date of application shall expire by limitation, and
plans and other data submitted for review may thereafter be returned to
the applicant or destroyed by the code official.
The code official may extend the time for action by the applicant for a
period not exceeding 180 days on request by the applicant showing that
circumstances beyond the control of the applicant have prevented action
from being taken. No application shall be extended more than once. In
order to renew action on an application after expiration, the applicant shall
resubmit plans and pay a new plan review fee.
Sec. 13. THAT Chapter 18, Article V - Mechanical Code, of the Code of Ordinances of
the City of Colleyville, Texas, is hereby amended to insert a new Section 18-
213 to read as follows:
Section 18-213. Permit issuance.
(a) Issuance. The application, plans, specifications, computations and other
data filed by an applicant for a permit shall be reviewed by the code
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official. Such plans may be reviewed by other departments of this
jurisdiction to verify compliance with any applicable laws under its
jurisdiction. If the code official finds that the work described in an
application for a permit and the plans, specifications and other data filed
therewith conform to the requirements of this code and other pertinent
laws and ordinances, and the fees specified in this article and all fees for
water tap and sewer service have been paid, the code official shall issue a
permit to the applicant.
When the code official issues the permit where plans are required, the
code official shall endorse in writing or stamp the plans and specifications
APPROVED. Such approved plans and specifications shall not be
changed, modified or altered without authorization from the code official,
and all work regulated by this code shall be done in accordance with the
approved plans.
The code official may issue a permit for the construction of part of a
mechanical system before the entire plans and specifications for the whole
building or structure have been submitted or approved, provided adequate
information and detailed statements have been filed complying with all
pertinent requirements of this code. The holder of a partial permit shall
proceed without assurance that the permit for the entire building or
structure will be granted.
(b) Withholding of permits. The code official is authorized to withhold permits
to any person for the reasons set forth herein upon written notice to such
person. The determination of the code official may be appealed to the
Board as provided in this code.
The code official is authorized to withhold the issuance of mechanical
permits to:
i. any person until such time as the mechanical for which a permit was
previously issued has been completed or is being performed in an
efficient manner in a reasonable length of time.
ii. any person who is delinquent in the payment of fees owed the City of
Colleyville.
iii. any person who has performed previous jobs which remain in violation
of this code.
(c) Validity. The issuance of a permit or approval of construction documents
shall not be construed to be a permit for, or an approval of, any violation of
any of the provisions of this code or of other ordinance of the City of
Colleyville, Texas. No permit presuming to give authority to violate or
cancel the provisions of this code shall be valid.
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The issuance of a permit based upon construction documents and other
data shall not prevent the code official from thereafter requiring the
correction of errors in said construction documents and other data or from
preventing building operations being carried on thereunder when in
violation of this code or of other ordinances of the City of Colleyville.
(d) 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 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 can be recommenced, a new permit shall be first
obtained and the fee shall be one-half 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.
In order to renew action on a permit after expiration, the permittee shall
pay a new full permit fee.
(e) Extensions. Any permittee holding an unexpired permit shall have the right
to apply for an extension of the time within which the permittee will
commence work under that permit when work is unable to be commenced
within the time required by this section for good and satisfactory reasons.
The code official shall extend the time for action by the permittee for a
period not exceeding 180 days if there is reasonable cause. No permit
shall be extended more than once.
(f) Suspension or revocation of permit. The code official may, in writing,
suspend or revoke a permit issued under the provisions of this code
whenever the permit is issued in error or on the basis of incorrect
information supplied, or in violation of any ordinance or regulation or any
of the provisions of this code.
(g) Administrative hold. Any administrative discrepancy including but not
limited to, delinquency in payments, returned checks, failure to pay for re-
inspection, investigation or registration fees, and failure to keep
registration, insurance or bond up-to-date, may result in a hold being
placed on issuance of permits and performance of inspections of existing
permits until the administrative discrepancy is corrected. For the purpose
of this section, the term "up-to-date" shall mean that whenever any of
these items is required by this or any other code to obtain a permit
covered by this code, it shall be maintained current and in effect until the
permit is finaled.
(h) Retention of plans. One set of approved plans, specifications and
computations shall be retained by the code official until final approval of
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the work covered therein. One set of approved construction documents
shall be returned to the applicant, and said set shall be kept on the site of
the building or work at all times during which the work authorized thereby
is in progress.
(i) Job abandonment. If, after a permit is issued under the provisions hereof,
the applicant abandons the job, becomes incapacitated or his/her services
are terminated prior to final inspection and approval thereof by the code
official and before the permit has expired, the applicant or his lawful legal
representative shall immediately notify the office of the code official in
writing. Upon such notification, the code official shall immediately have an
inspection made of the work completed to that time, and may revoke the
outstanding permit and require that a new permit with the payment of fees
be obtained before the work is allowed to resume.
Sec. 14. THAT Chapter 18, Article V - Mechanical of the Code of Ordinances of the
City of Colleyville, Texas, is hereby amended to insert a new Section 18-214
to read as follows:
Section 18-214. Mechanical permit fees.
(a) Permit fees. The schedule of permit fees shall be in accordance with the
fee schedules contained in the 1997 Uniform Administrative Code as
follows:
i. Table 3-D - Mechanical Permit Fees
ii. Additional permit fees are contained in Chapter 2, Article II. Finance of
the Code of Ordinances of the City of Colleyville
(b) Inspection fees. The permit fees prescribed in this article shall include the
cost of all required inspections.
(c) Fees due. All mechanical permit fees shall be due when the permit is
issued.
(d) Fee refunds. The code official shall authorize the refunding of fees as
follows:
i. The full amount of any fee paid hereunder that was erroneously paid or
collected.
ii. Not more than eighty (80%) percent of the permit fee when no work
has been done under a permit issued in accordance with this code.
iii. Not more than eighty (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 cancelled before any plan review effort has been
expended.
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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.
Sec. 15. THAT Chapter 18, Article V - Mechanical of the Code of Ordinances of the
City of Colleyville, Texas, is hereby amended to insert a new Section 18-215
to read as follows:
Section 18-215. Investigation fees for work without a permit.
(a) Investigation. Whenever any work for which a permit is required by this
code has been commenced without first obtaining said permit, an
investigation fee equal to the amount of the permit shall be charged, which
shall be separate from any permit fee required by this code.
Exceptions:
1. This provision shall not apply to emergency work when it has been
proven to the satisfaction of the code official that such work was
urgently necessary and that it was not practical to obtain a permit
before the commencement of the work. In all cases, a permit must be
obtained as soon as it is practical to do so, and if there be an
unreasonable delay in obtaining such permit, an investigation fee as
herein provided shall be charged.
2. The investigation fee required shall be charged for work for which an
inspection has been requested and no permit has been obtained.
(b) Cancellation of permit. A mechanical permit may be cancelled by the
applicant at any time within six months of the date of its issuance. If no
work has been done under such permit, the code official, when requested
in writing by the applicant, shall refund 90 percent of the permit fee paid.
Sec. 16. THAT Chapter 18, Article V - Mechanical of the Code of Ordinances of the
City of Colleyville, Texas, is hereby amended to insert a new Division 4 and
Section 18-216 to read as follows:
DIVISION 4. INSPECTIONS AND INSPECTORS
Section 216. Inspections.
(a) Inspection required. All mechanical systems for which a permit is required
by this code shall be inspected by the code official. No portion of any
mechanical system shall be concealed until inspected and approved.
Neither the code official nor the City of Colleyville shall be liable for
expense entailed in the removal or replacement of material required to
permit inspection. The holder of the permit shall be responsible for the
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scheduling of such inspections. Mechanical systems regulated by this
code shall not be connected to the water, energy fuel supply, or the sewer
system until authorized by the code official.
Exceptions:
1. The requirements of this section shall not be considered to prohibit the
operation of any mechanical installed to replace existing equipment or
fixtures serving an occupied portion of the building in the event a
request for inspection of such equipment or fixture has been filed with
the Code Official not more than 72 hours after such replacement work
is completed, and before any portion of such equipment is concealed
by any permanent portion of the building.
2. When approved by the code official, the inspection process as required
by this code may be performed by an approved Third Party
Organization.
(b) Rough-in inspection. This inspection shall be made after trenches or
ditches are excavated and bedded, piping installed, and before any
backfill is put in place. When excavated soil contains rocks, broken
concrete, frozen chunks and other rubble that would damage or break the
piping or cause corrosive action, clean backfill shall be on the job site.
(c) Top-out inspection. This inspection shall be made after the roof, framing,
fire blocking, fire stopping, draft stopping and bracing are in place and all
sanitary, storm and water distribution piping is rough-in and prior to the
installation of wall or ceiling membranes.
(d) Final inspection. This inspection shall be made after the building is
complete, all mechanical fixtures are in place, properly connected, and the
structure is ready for occupancy.
(e) Other inspections. In addition to the inspections specified above, the code
official may make or require other inspections of any mechanical work to
ascertain compliance with the provisions of this code or State mechanical
laws.
(f) Testing. Mechanical work and systems shall be tested as required in
accordance with this section and as follows:
i. International Mechanical Code, Section 312.
ii. International Fuel Gas Code, Section 406.
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Tests shall be made by the permit holder and observed by the code
official.
(g) No implied approval authority. Approval as a result of an inspection shall
not be construed to be an approval of a violation of the provisions of this
code or of other ordinances of the City of Colleyville. Inspections
presuming to give authority to violate or cancel provisions of this code or
of other ordinances of the jurisdiction shall not be valid.
(h) Equipment, material and labor for tests. All equipment, material and labor
required for testing a mechanical system or part thereof shall be furnished
by the permit holder.
(i) Re-inspection and testing. Where any work or installation does not pass
any initial test or inspection, the necessary corrections shall be made to
comply with this code. The work or installation shall then be resubmitted
to the code official for inspection and testing.
U) Inspection requests. It shall be the duty of the person doing the work
authorized by a permit to notify the code official that such work is ready for
inspection. The code official may require that every request for inspection
be filed at least one working day before such inspection is desired. Such
request may be in writing or by telephone, at the option of the code official.
The person doing the work authorized by the permit shall make sure that
the work will stand tests prescribed elsewhere in this code, before giving
the above notification.
It shall be the duty of the person requesting inspections required by this
code to provide access to and means for proper inspection of such work.
When the work is within a residence where access is dependent upon the
occupant being home, it shall be the duty of the person doing the work to
make arrangements for inspections. Failure to make arrangements within
a timely manner or the inability for the inspector to do the inspections at
the arranged times will result in re-inspection fees being assessed to the
person doing the work.
Exception: If the re-inspection fee is for a "Final Inspection" for a
residence where access is dependent upon the occupant, after the fee
has been paid by the person doing the work additional arrangements for
the final inspection and penalties for not receiving such inspection shall fall
on the occupant.
This shall not relieve the person doing the work from having to correct
improper work and such accompanying penalties should the work fail re-
inspection.
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(k) Inspection notice. Upon inspection, the code official shall complete an
inspection notice indicating approval or disapproval of the work completed
at the time of inspection. The inspection notice shall be furnished to the
mechanical contractor or an agent of the permit holder.
(I) Re-inspections fees. A re-inspection fee may be assessed for each
inspection or re-inspection when such portion of work for which inspection
is called is not complete or when corrections called for are not made.
This section is not to be interpreted as requiring re-inspection fees the first
time a job is rejected for failure to comply with the requirements of this
code, but as controlling the practice of calling for inspections before the
job is ready for such inspection or re-inspection.
Re-inspection fees may be assessed when the approved plans are not
readily available to the inspector, for failure to provide access on the date
for which inspection is requested, or for deviating from plans requiring the
approval of the code official.
To obtain a re-inspection, the applicant shall file an application in writing
on a form furnished for that purpose and pay the re-inspection fee in
accordance with the applicable fee schedule.
In instances where re-inspection fees have been assessed, no additional
inspection of the work will be performed until the required fees have been
paid.
Sec. 17 . THAT Chapter 18, Article V - Mechanical of the Code of Ordinances of the
City of Colleyville, Texas, is hereby amended to insert a new Section 18-217
to read as follows:
Section 18-217. Connection approval.
(a) Energy connections. No person shall make connections from a source of
energy or fuel to any mechanical system or equipment regulated by this
code and for which a permit is required until approved by the code official.
(b) Other connections. No person shall make connection from any water-
supply line nor shall connect to any sewer system regulated by this code
and for which a permit is required until approved by the code official.
(c) Temporary connections. The code official shall have the authority to
authorize the temporary connection of the building or system to the utility
source for the purpose of testing mechanical systems or for use under a
temporary certificate of occupancy.
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Sec. 18. THAT Chapter 18, Article V - Mechanical of the Code of Ordinances of the
City of Colleyville, Texas, is hereby amended to insert a new Section 18-218
to read as follows:
Section 18-218. Duties and powers of the code official.
(a) General. The code official shall enforce all of the provisions of this code
and shall act on any question relative to the installation, alteration, repair,
maintenance or operation of all mechanical systems, devices and
equipment except as otherwise specifically provided for by statutory
requirements or as provided for elsewhere in this code.
The code official shall have the power to render interpretations of this
code as may be deemed necessary in order to clarify the application of the
provisions of this code. Such interpretations shall be in conformity with
the intent and the purpose of this code.
(b) Rule-making authority. The code official shall have authority as necessary
in the interest of public health, safety and general welfare to adopt and
promulgate rules and regulations to interpret and implement the provisions
of this code to secure the intent thereof and to designate requirements
applicable because of local climatic or other conditions. Such rules shall
not have the effect of waiving requirements specifically provided for in this
code, or of violating accepted engineering practice involving public safety.
(c) Applications and permits. The code official shall receive applications and
issue permits for the installation and alteration of mechanical, inspect the
premises for which such permits have been issued, and enforce
compliance with the provisions of this code. The code official shall keep
records of all permits issued and all inspections performed.
The application for permit shall be deemed to be granting authority to
enter the property for the purpose of inspections.
(d) Inspections. The code official or authorized agent shall make all the
required inspections. All inspection reports shall be in writing.
(e) Right of entry. Whenever it is necessary to make an inspection to enforce
the provisions of this code, or whenever the code official has reasonable
cause to believe that there exists in any building or upon any premises,
any condition or violation of this code that make the building or premises
unsafe, unsanitary, dangerous or hazardous, the code official shall have
the authority to enter the building or premises at all reasonable times to
inspect or to perform the duties imposed upon the code official by this
code. If such building or premises is occupied, the code official shall
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present his credentials to the occupant and request entry. If building or
premises is unoccupied, the code official shall first make a reasonable
effort to locate the owner or other person having charge or control of the
building or premises and request entry. If entry is refused, the code
official shall have recourse to every remedy provided by law to secure
entry.
When the code official shall have first obtained a proper inspection
warrant or other remedy provided by law to secure entry, no owner,
occupant, or person having charge, care or control of any building or
premises shall fail or neglect, after proper request is made as herein
provided, to promptly permit entry therein by the code official for the
purpose of inspection and examination pursuant to this code.
(f) Interference with code official. It shall be unlawful for any person to hinder
or interfere with the code official or any mechanical inspector in the
discharge of their duties under this code.
(g) Identification. The code official shall carry proper identification when
inspecting structures or premises in the performance of duties under this
code.
(h) Notices and orders. The code official shall issue all necessary notices or
orders to ensure compliance with this code.
(i) Department records. The code official shall keep official records of
applications received, permits and certificates issued, fees collected,
reports of inspections, and notices and orders issued. Such records shall
be retained in the official records for the period required for the retention of
public records.
G) Restriction of employees. No official or employee connected with the
department of mechanical inspection shall be permitted to work for, or be
connected with, any mechanical contractor, or wholesale mechanical and
supply company, or do any mechanical work within the corporate limits of
the City of Colleyville, Texas, while employed as a mechanical inspector
by the city.
(k) Liability. The code official charged with the enforcement of this code,
acting in good faith and without malice in the discharge of the duties
required by this code or other pertinent law or ordinance shall not thereby
be rendered personally liable for damages that may accrue to persons or
property as a result of an act or by reason of an act or omission in the
discharge of such duties. A suit brought against the code official or
employee because of such act or omission performed by the code official
or employee in the enforcement of any provision of such codes or other
Ordinance 0-02-1333
Page 30 of 31
pertinent laws or ordinances implemented through the enforcement of this
code or enforced by the code enforcement agency shall be defended by
this jurisdiction until final termination of such proceedings and any
judgment resulting therefrom shall be assumed by this jurisdiction.
The liability exemption and defense protection provided in this section are
not extended to Third Party Companies, nor their employees.
This code shall not be construed to relieve from or lessen the
responsibility of any person owning, operating or controlling any building
or structure for any damages to persons or property caused by defects,
nor shall the code enforcement agency or its parent jurisdiction be held as
assuming any such liability by reason of the inspections authorized by this
code or any permits or certificates issued under this code.
Sec. 19. THAT Chapter 18, Article V - Mechanical Code, of the Code of Ordinances of
the City of Colleyville, Texas, is hereby amended to insert a new Section 18-
21 9, to read as follows:
Section 18-219 -18-225. Reserved.
Sec. 20. THAT Section 18 of the Code of Ordinances of the City of Colleyville, Texas,
shall remain in full force and effect, except where amended by this ordinance.
Sec. 21. THAT any person, firm, or corporation violating any of the provisions of this
ordinance shall be guilty of a misdemeanor and upon conviction thereof shall
be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and
every day such violation continues shall constitute a separate offense and
shall be punishable as such.
Sec. 22. THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption and penalty clause hereof as an
alternative method of publication provided by law.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 0>X day of
~~ 2002.
The second reading and public hearing being conducted on the /9>6 day of
~~ 2002.
ATTEST:
f1~~
Cynthia Singleton, TRMC
City Secretary
APPROVED AS TO FORM AND LEGALITY:
Ross T. Foster
City Attorney
Ordinance 0-02-1333
Page 31 of 31
CITY OF COLLEYVILLE
Dti?Oo
Mayor