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Ordinance 2017-36ORDINANCE NO. 2017-36 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REPEALING ORDINANCE NO. 2012-35; ADOPTING THE 2015 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. 2012-35; and WHEREAS, the City Council has investigated and determined that it would be advantageous and beneficial to the citizens of Wylie to adopt the 2015 Edition of the International Mechanical Code for commercial buildings, save and except the deletions and amendments set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Ordinance No. 2012-35 Repealed. Wylie Ordinance No. 2012-35 is repealed in its entirety and replaced by this Ordinance. The effective date of the repeal discussed in this Section shall not occur until the effective date of this Ordinance at which time Ordinance No. 2012-35 shall be repealed.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. 2012-35 occurring before the effective date of this Ordinance. SECTION 3: Adoption of the 2015 International Mechanical Code. The 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 commercial mechanical code for Wylie, prescribing regulations applicable to all commercial buildings, existing premises and structures and constitutes minimum requirements and standards for commercial buildings and existing premises construction applications (the "2015 International Mechanical Code"). The 2015 International Mechanical Code is made a part of this Ordinance as if fully set forth herein. One (1) copy of the 2015 International Mechanical Code is on file in the office of the City Secretary of Wylie being marked and designated as the 2015 International Mechanical Code. Ordinance No. 2017-36 Repealing Ordinance No. 2012-35; Adopting the 2015 Edition of the International Mechanical Code Page 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 2015 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 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 become effective upon its passage and publication as required by the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 12th day of December, 2017. ATTESTED AND CORRECTLY RECO ED: Carole Ehrlich, Eric Hogue, ayo Date(s) of Publication: December 20, 2017 in the Wylie News. Ordinance No. 2017-36 Repealing Ordinance No. 2012-35; Adopting the 2015 Edition of the International Mechanical Code Page 2 Exhibit A Recommended Amendments to the 2015 International Mechanical Code North Central Texas Council of Governments Region The following sections, paragraphs, and sentences of the 2015 International Mechanical Code (IMC) are hereby amended as follows: Standard type is text from the IMC._A double asterisk at the beginning of a section identifies an amendment carried over from the 2012 edition of the code and a triple asterisk identifies a new or revised amendment with the 2015 edition of the code. Note: Historically the North Central Texas Council of Governments (NCTCOG) has limited Chapter 1 amendments in order to allow each city to insert their local policies and procedures. We now have suggested certain items to be brought to the attention of cities considering adoption of the code that may be of concern to several jurisdictions. It is still intended to be discretionary to each city to determine which Chapter 1 amendments to include. **Section 102.8; change to read as follows: 102.8 Referenced Codes and Standards. The codes and standards referenced herein shall be those that are listed in Chapter 15 and such codes, when specifically 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 adopted amendments. Any reference to NFPA 70 or the National Electrical Code (NEC) shall mean the Electrical Code as adopted. (Reason: Legal wording to recognize locally adopted codes and amendments adopted with referenced codes.) 306.3 Appliances in Attics. Attics containing appliances 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. A walkway to an appliance shall be rated as a floor as approved by the building official. As a minimum, for access to the attic space, provide one of the following: 1. A permanent stair. 2. A pull down stair with a minimum 300 Ib. (136 kg) capacity. 3. An access door from an upper floor level. 4. Access Panel may be used in lieu of items 1, 2, and 3 with prior approval of the code official due to building conditions. Exceptions: 1. The passageway and level service space are not required where the appliance is capable of being serviced and removed... {remainder of section unchanged) (Reason: To provide a safe means of accessibility to appliances in attics and to allow for different types Ordinance No. 2017-36 Repealing Ordinance No. 2012-35; Adopting the 2015 Edition of the International Mechanical Code Page 3 of construction limitations. Consistent with regional amendment to International Fuel and gas Code (IFGC) 306.3.) **Section 306.5; change to read as follows: 306.5 Equipment and Appliances on Roofs or Elevated Structures. Where equipment requiring access or appliances are located on an elevated structure or the roof of a building such that personnel will have to climb higher than 16 feet (4877 mm) above grade to access, a permanent interior or exterior means of access shall be provided. Permanent exterior ladders providing roof access need not extend closer than -8-12 feet (2438 mm) to the finish grade or floor level below and shall extend to the equipment and appliances' 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).... (bulk of section to read the same). (Reason: To assure safe access to roof appliances and provide a greater level of security for equipment locate more than 16 feet above • rade. Consistent with IFGC amendments.) **Section 306.5.1; change to read as follows: 306.5.1 Sloped Roofs. Where appliances, equipment, fans or other components that require service are installed on a roof having a slope of 3 units vertical in 12 units horizontal (25 -percent slope) or greater and having an edge more than 30 inches (762 mm) above grade at such edge, 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 a level platform at the appliance. The level platform shall be provided on each side of the appliance to which access is required for service, repair or maintenance. The platform shall be not less than 30 inches (762 mm) in any dimension and shall be provided with guards. The guards shall extend not less than 42 inches (1067 mm) above the platform, shall be constructed so as to prevent the passage of a 21 -inch -diameter (533 mm) sphere and shall comply with the loading requirements for guards specified in the International Building Code. (Reason: To assure safe access to roof appliances. Consistent with IFGC amendments.) **Section 306; add Section 306.6 to read as follows: 306.6 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. Exception: A maximum 10 gallon water heater (or larger with approval) is capable of being accessed through a lay -in ceiling and the water heater installed is not more than ten (10) feet (3048 mm) above the ground or floor level and may be reached with a portable ladder. (Reason: To provide safe access to water heaters and to provide lighting and receptacle for maintenance of equipment. Consistent with regional amendments to IFGC 306.7 and International Plumbing Code (IPC) 502.5.) **Section 307.2.3; amend item 2 to read as follows: 2. 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 primary drain. The overflow drain line shall connect to the drain pan at a higher level than 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. Ordinance No. 2017-36 Repealing Ordinance No. 2012-35; Adopting the 2015 Edition of the International Mechanical Code Page 4 (Reason: Greater specificity in prohibited locations for condensate discharge. Consistent with regional amendment to IPC 314.2.1.) **Section 403.2.1; add an 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. (Reason: Consistent with common regional practice. Consistent with regional amendment to International Residential Code (IRC) R303.3.) **Section 501.3; add an exception to read as follows: 501.3 Exhaust Discharge. The air removed by every mechanical exhaust system shall be discharged outdoors at a point where it will not cause a public nuisance and not less than the distances specified in Section 501.3.1. The air shall be discharged to a location from which it cannot again be readily drawn in by a ventilating system. Air shall not be exhausted into an attic, crawl space, or be directed onto walkways. Exceptions: 1. Whole -house ventilation -type attic fans shall be permitted to discharge into the attic space of dwelling units having private attics. 2. Commercial cooking recirculating systems. 3. Where installed in accordance with the manufacturer's instructions and where mechanical or natural ventilation is otherwise provided in accordance with Chapter 4, listed and labeled domestic ductless range hoods shall not be required to discharge to the outdoors. 4. Toilet room exhaust ducts may terminate in a warehouse or shop area when infiltration of outside air is present. (Reason: Provide a reasonable alternative in areas where a large volume of outside air is present.) **Section 607.5.1; change to read as follows: 607.5.1 Fire Walls. Ducts and air transfer openings permitted in fire walls in accordance with Section 705.11 of 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. (Reason: Correspond with un -amended IBC 710.7.) END Ordinance No. 2017-36 Repealing Ordinance No. 2012-35; Adopting the 2015 Edition of the International Mechanical Code Page 5 The jfatuterSUipe Trines • Murphy Monitor • The Princeton Herald • The Sachsc News • THE WYLIE NEWS STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned authority, on this day personally appeared Chad Engbrock, publisher of C & S Media, dba The Wylie News, a newspaper regularly published in Collin County, Texas and having general circulation in Collin County, Texas, and being in compliance with Section 2051.044, Texas Government Code (a); (1), (2), (3) and (4), who being by me duly sworn, deposed and says that the foregoing attached: City of Wylie Ordinances #2017-31, 2017-32, 2017-33, 2017-34, 2017-35, 2017-36, 2017-37, 2017- 38, 2017-39, 2017-40, 2017-41 was published in said newspaper on the following date(s), to -wit: December 20, 2017. Chad Engbrock, Publisher Subscribed and sworn before me on this, thee` day of �?�-� , 2018 to certify which witness my hand and seal of office. `plttro� SONIA A. DUGGAN ar°?SNotary Public, State of Texas t. v . Comm.,.'v Expires 08-18-2020ii ''�;°;,,�` Notary ID 130783749 Ai, 4, A J/✓��' Notary Publi i • • d for The State of exas My commission expires 0 a .2i Murphy/Sachse/Wylie Office • 110 N. Ballard • P.O. Box 369 • Wylie. TX 75098.972-442-5515 • fax 972-442-4318 Famtersville/Princeton Office • 101 S. Main • P.O. Box 512 • Farmersxille,TX 75442 • 972-784-6397 • fax 972-782-7023 CITY OF WYLIE l Ordinance No. 2017-31 tAn Ordinance of the City of Wylie, Texas, amending the Com- prehensive Zoning Ordinance of the City of Wylie, as hereto- fore amended, so as to change the zon- ing on the hereinaf- ter described prop- erty, Zoning Case Number 2017-07, From Planned Devel- opment 2013 -37 -Sin- gle Family District (PD2013-37-Sf) and Planned Development 2016-27 (PD2016-27- SF) To Planned Devel- opment 2017 -31 -Sin- gle Family District (PD2017-31-SF) to include an additional 2 acres, adjust the al- lowed total lot count, and to allow a day care use by specific use permit; providing for a penalty for the viola- tion of this ordinance; providing for the re- peal of all ordinances in conflict; providing a severability clause; and providing for an effec- tive date. Ordinance No. 2017-32 An Ordinance of the City of Wylie, Texas, repealing Ordinance No. 2013-08; adopting the 2015 edition of the International Building Code For Commercial Buildings, save and ex- cept the deletions and amendments set forth herein; providing for a penalty for the viola- tion of this ordinance; providing for repeal- ing, savings and sev- erability clauses; pro- viding for an effective date of this ordinance; and providing for the publication of the cap- tion hereof. Ordinance No. 2017-33 An Ordinance of the City of Wylie, Texas, repealing Ordinance No. 2012-31, save and except the amendment to ordinance 84-11, and adopting the 2015 edition of the Interna- tional Existing Build- ing Code, save and ex- cept the deletions and amendments set forth herein; providing for a penalty for the viola- tion of this ordinance; providing for repeal- ing, savings and sev- erability clauses; pro- viding for an effective date of this ordinance; and providing for the publication of the cap- tion hereof. Ordinance No. 2017-34 An Ordinance of the City of Wylie, Texas, repealing Ordinance No. 2012-32; adopting the 2015 edition of the International Energy Conservation Code, save and except, the deletions and amend- ments set forth herein; providing For a pen- alty for the violation of this ordinance; provid- ing for repealing, sav- ings and severability clauses; providing for an effective date of this ordinance; and provid- ing for the publication of the caption hereof. Ordinance No. 2017-35 An Ordinance of the City of Wylie, Texas, repealing Ordinance No. 2012-34; adopt- ing the 2015 edition of the International Fuel Gas Code, save and ex- cept the deletions and amendments set forth herein; providing for a penalty for the viola- tion of this ordinance; providing for repeal- ing, savings and sev- erability clauses; pro- viding for an effective date of this ordinance; and providing for the publication of the cap- tion hereof. Ordinance No. 2017-36 An Ordinance of the City of Wylie, Texas, repealing Ordinance No. 2012-35; adopting the 2015 edition of the International Mechani- cal Code, save and ex- cept the deletions and amendments set forth herein; providing for a penalty for the viola- tion of this ordinance; providing for repeal- ing, savings and sev- erability clauses; pro- viding for an effective date of this ordinance; and providing for the publication of the cap- tion hereof. Ordinance No. 2017-37 An Ordinance of the City of Wylie, Texas, repealing Ordinance No. 2012-36; adopting the 2015 edition of the International Plumb- ing Code, save and ex- cept the deletions and amendments set forth herein; providing for a penalty for the viola- tion of this ordinance; providing for repeal- ing, savings and sev- erability clauses; pro- viding for an effective date of this ordinance; and providing for the publication of the cap- tion hereof. Ordinance No. 2017-38 An Ordinance of the City of Wylie, Texas, repealing Ordinance No. 2012-37; adopting the 2015 edition of the International Property Maintenance Code, save and except the deletions and amend- ments set forth herein; providing for a penalty for the violation of this ordinance; providing for repealing, sav- ings and severability clauses; providing for an effective date of this ordinance; and provid- ing for the publication of the caption hereof. Ordinance No. 2017-39 An Ordinance of the City of Wylie, Texas, repealing Ordinance No. 2012-38; adopting the 2015 edition of the International Residen- tial Code, save and ex- cept the deletions and amendments set forth herein; providing for a penalty for the viola- tion of this ordinance; providing for repeal- ing, savings and sev- erability clauses; pro- viding for an effective date of this ordinance; and providing for the publication of the cap- tion hereof. Ordinance No. 2017-40 An 'Ordinance of the City of Wylie, Texas, repealing Ordinance No. 2012-40; adopt- ing the 2017 edition of the National Electrical Code, save and ex- cept the deletions and amendments set forth herein; providing for a penalty for the viola- tion of this ordinance; providing for repeal- ing, savings and sev- erability clauses; pro- viding for an effective date of this ordinance; and providing for the publication of the cap- tion hereof. Ordinance No. 2017-41 An Ordinance of the city council of the City of Wylie, Texas, repealing Ordinance No. 2012-33 and any amendments thereto; adopting the 2015 edition of the Inter- national Fire Code, save and except the deletions and addi- tions set forth herein; prescribing regulations governing, among other things, condi- tions hazardous to life and property from fire, hazardous materials or explosions; providing a penalty clause, sav- ings/repealing clause, severability clause and an effective date; and providing for the pub- lication of the caption ereof. 3-1t-32611