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Ordinance 2012-35ORDINANCE NO. 2012 -35 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REPEALING ORDINANCE NO. 2008 -15; ADOPTING THE 2012 EDITION OF THE INTERNATIONAL MECHANICAL CODE, SAVE AND EXCEPT THE DELETIONS AND AMENDMENTS SET FORTH HEREIN; 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 City Council of the City of Wylie, Texas ( "City Council ") has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ( "Wylie ") to repeal Wylie Ordinance No. 2008 -15; and WHEREAS, the City Council has investigated and determined that it would be advantageous and beneficial to the citizens of Wylie to adopt the 2012 Edition of the International Mechanical Code, save and except the deletions and amendments set forth below (the "2012 International Mechanical Code "). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findin sg_Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Ordinance No. 2008 -15 Repealed. Ordinance No. 2008 -15 is hereby repealed in its entirety and replaced by this Ordinance.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this Section shall not occur until the effective date of this Ordinance at which time Ordinance No. 2008 -15 shall be repealed.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. 2008 -15 occurring before the effective date of this Ordinance. SECTION 3: Adoption of the 2012 International Mechanical Code. The 2012 International Mechanical Code, copyrighted by the International Code Council, Inc., save and except the amendments set forth in Exhibit "A ", attached hereto and incorporated herein for all purposes, is hereby adopted as the Mechanical Code for Wylie, prescribing regulations applicable to all residential and non - residential structures and all existing premises and constitutes minimum requirements and standards for mechanical. The 2012 International Mechanical Code is made a part of this Ordinance as if fully set forth herein. One (1) copy of the 2012 International Mechanical Code is on file in the office of the City Secretary of Wylie being marked and designated as the 2012 International Mechanical Code. Ordinance No. 2012 -35 Repealing Ordinance No. 2008 -15; Adopting the 2012 Edition of the International Mechanical Code Page 1 615756.v 1 SECTION 4: Savings /Repealing 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. A reference in any ordinance to an earlier or different version of a mechanical code is hereby amended to refer to the 2012 International Mechanical Code as it is adopted herein or may be subsequently amended. SECTION 5: Penalty Provision. Any person, firm, corporation or entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the sum of FIVE HUNDRED AND NO /100 DOLLARS ($500.00), unless the violation relates to fire safety, zoning or public health and sanitation, including dumping and refuse, in which the fine shall not exceed the sum of TWO THOUSAND AND NO /100 DOLLARS ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: 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. Wylie 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 be published as required by the City Charter and by law, and shall become effective on February 1, 2013. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 25th day of September, 2012. Eric Hogue, or ATTESTED AND CO CTLY RECD C e Ehrlich, Ci y Secretary Date(s) of Publication: October 3, 2012 in the Wylie New Tw FE RAI,w„ Ordinance No. 2012 -35 srer S87o e Repealing Ordinance No. 2008 -15; E OF T6IJ' Adopting the 2012 Edition of the International Mechanical Code Page 2 615756.v1 "k\IIIBI'r A" Amendments to the 2012 International Mechanical Code Chapter 1 Administration Section 902.8, Referenced codes and standards; amend to read as follows: 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. Chapter 3 General Regulations Section 304.7, Private Garages; this section is deleted. Section 304.10; amend to read as follows: 304.10 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. Section 306.3; amend to read 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 centerline of the passageway from the opening to the appliance. The passageway shall have continuous unobstructed solid flooring not less than 22 inches (559 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 Ordinance No. 2012 -35 Repealing Ordinance No. 2008 -15; Adopting the 2012 Edition of the International Mechanical Code Page 3 6i5756.vI 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 shall be provided by one of the following: 1. A permanent stair. 2. A pull down stair with a 300 lb. (136 kg) capacity 3. An access door from an upper floor level. 4. Access Panel may be used in lieu items 1, 2, and 3 with prior approval of the code official due to structural conditions. Exception: The passageway and level service space are not required where the appliance is capable of being serviced and removed through the required opening... .(remainder of section unchanged) Section 306.5, Equipment and appliances on roofs or elevated structures; amend to read as follows: Where equipment and appliances requiring access are installed on roofs or elevated structures at an aggregate 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 12 feet (3038 mm) to the finish grade or floor level below and shall extend to the equipment and appliance's level service space. Such access shall not require climbing over obstructions greater than 30 inches (762 mm) high or walking on roofs having a slope greater than 4 units vertical in 12 units horizontal (33- percent slope) ....(remainder of section unchanged) Amend by adding Section 306.6.1, and 306.6.2 Water heaters above ground or floor; to read as follows: 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. Exception: A max 10 gallon water heater (or larger with approval) is capable of being accessed through a lay -in ceiling and a water heater is installed is not more than ten (10) feet (3048 mm) above the ground or floor level and may be reached with a portable ladder. 306.6.2 Whenever the mezzanine or platform is not adequately lighted or access to a receptacle outlet is not obtainable from the main level, lighting Ordinance No. 2012 -35 Repealing Ordinance No. 2008 -15; Adopting the 2012 Edition of the International Mechanical Code Page 4 615756.v1 and a receptacle outlet shall be provided in accordance with Section 306.3.1. Section 307.2.9, Condensate disposal; is changed to read as follows: 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, rooftop or other areas so as to cause a nuisance. Section 307.2.2; amend to read as follows: 307.2.2 Drain pipe materials and sizes. Components of the condensate disposal system shall be cast iron, galvanized steel, copper, cross - linked polyethylene, polybutylene, polyethylene, ABS, CPVC, or PVC. Schedule 84 PVC pipe or tubing may be installed where piping is exposed to ultra violet light. All components shall be selected for the pressure, temperature, and exposure rating of the installation. Condensate waste and drain line size shall be not less than % - inch (19 mm) internal diameter and shall not decrease in size from the drain pan connection to the place of condensate disposal_ Where the drain pipes from more than one unit are manifolded together for condensate drainage, the pipe or tubing shall be sized in accordance with an approved method. All horizontal sections of drain piping shall be installed in uniform alignment at a uniform slope. Section 307.23, Auxiliary and secondary drain systems; amend item #2 to read as follows: A separate overflow drain line shall be connected to the drain pan provided with the equipment. Such overflow drain shall discharge to a conspicuous point of disposal to alert occupants in the event of a stoppage of the drain. The overflow drain line shall connect the drain pan at a higher level then the primary drain connection. 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. Chapter 4 Ventilation Section 403.2, Outdoor air required; amend by adding 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. Ordinance No. 2012 -35 Repealing Ordinance No. 2008 -15; Adopting the 2012 Edition of the International Mechanical Code Page 5 615756.vl Section 403.2.1, Recirculation of air; amend by adding item 5 to read as follows: 5. 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. Section 509.3.1; amend by adding a third exception to read as follows: Exceptions. 1. [existing exception unchanged) 2. {existing exception unchanged) 3. Toilet room exhaust ducts may terminate in a warehouse or shop area when infiltration of outside air is present. Section 504.6, Domestic Clothes Dryer Ducts; amend by adding a sentence at the end of the paragraph to read as follows: Exhaust ducts for domestic clothes dryers shall conform to the requirements of Sections 504.8.1 through 504.6.7. The size of duct shall not be reduced along its developed length nor at the point of termination. Section 607.5.1, Fire Walls; amend to read as follows: Ducts and air transfer openings permitted in fire walls in accordance with the International Building Code shall be protected with listed fire dampers installed in accordance with their listing. For hazardous exhaust systems see Section 510.1- 510.9 IMC Ordinance No. 2012 -35 Repealing Ordinance No. 2008 -15; Adopting the 2012 Edition of the International Mechanical Code Page 6 615756.vl Dii, 1 t fal111rolidiv )wrr,; • klurph% Monilos + I Ire Princeton I lerald ,,. Ncws • THE WYLIF NEWS C&S. STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned authority, on this day personally appeared Chad Engbrock, publisher of The Wylie News, a newspaper regularly published in Collin County, Texas and having general circulation in Collin County, Texas, who being by me duly sworn, deposed and says that the foregoing attached: City of Wylie Ordinances was published in said newspaper on the following dates, to -wit: October 3, 2012 apt---- 'V Chad Engbrock, Publisher 2 Subscribed and sworn before me on this, the J day of 2012 to certify which witness my hand and seal of office. KIESNA Q. HILL Notary P,L,i c, State of Texas Notary Public in and for My Gomh n Expires State of Texas March 21 21, 2013 My commission expires k9i.i," S' ii," V "'Ii, 0i 10% t3.Jlmt I•i "+ }i<,x:'W) >'A)Iw [.A? €)�)S•�+ 1t ^- »15•t,t�`)? i.) ", -6,i5 fi) l f3oe '+i 2 « (.r3)ncrsJlt_ Va -', t-i'_ • y7? 78- 1 - (� =)'° ORDINANCE NO. 20:12 -35 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REPEALING OR- DINANCE NO. 2008 -15; ADOPT- ING. THE 2012 EDITION OF THE INTERNATIONAL MECHANICAL CODE, SAVE AND EXCEPT THE DE- LETIONS AND AMENDMENTS SET FORTH HERE- IN; PROVIDING FOR A PENALTY FOR THE VIOLA- TION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PRO- VIDING FOR AN EFFECTIVE DATE OF THIS ORDI- NANCE; AND PROVIDING FOR THE PUBLICA- TION OF THE CAP- TION HEREOF. ORDINANCE NO. 2012-36 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REPEALING OR- DINANCE NO. 2008 -16; ADOPT- ING THE 2012 EDITION OF THE INTERNATION- AL PLUMBING CODE, SAVE AND EXCEPT THE DE- LETIONS AND AMENDMENTS SET FORTH HERE- IN; PROVIDING FOR A PENALTY FOR THE VIOLA- TION OF THIS ORDINANCE'; PROVIDING: FOR REPEALING', SAVINGS AND SEVERABILITY CLAUSES; PRO- VIDING FOR AN EFFECTIVE DATE OF THIS ORDI- NANCE; AND PROVIDING FOR THE PUBLICA- TION OF THE CA- TION HER.EO . ORDINANCE NO. 2012 -37 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REPEALING OR- DINANCE NO. 2005 -59; ADOPT- ING THE 2012 EDITION OF , THE INTERNATION- AL PROPERTY MAINTENANCE CODE, SAVE AND EXCEPT THE DE- LETIONS AND AMENDMENTS SET FORTH HERE- IN; PROVIDING FOR A PENALTY FOR THE VIOLA- TION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PRO- VIDING FOR AN EFFECTIVE DATE OF THIS ORDI- NANCE; AND PROVIDING FOR THE PUBLICA- TION OF THE CAP- TION HEREOF. ORDINANCE NO. 2012 -38 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REPEALING OR- DINANCE NO. 2008 -12; ADOPT ING THE 2012 EDITION OF THE INTERNATIONAL RESIDENTIAL CODE, SAVE AND EXCEPT THE DE- LETIONS AND AMENDMENTS SET FORTH HERE- IN; PROVIDING FOR A PENALTY FOR THE VIOLA- TION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PRO- VIDING FOR AN EFFECTIVE DATE OF THIS ORDI- NANCE; AND PROVIDING FOR TIM PUhLICA- TION OF THE CAP- TION HEREOF. ORDINANCE NO. 2012 -39 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING THE 2012 EDITION OF THE INTERNA- TIONAL SWIM- MING POOL AND SPA CODE; PRO- VIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDI- NANCE; PROVID- ING FOR REPEAL- ING, SAVINGS AND SEVERABIL- ITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS OR- DINANCE; AND PROVIDING FOR THE ' "PUBLICIA- TION OF THE CAP- TION HEREOF.