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HomeMy WebLinkAboutPO 7196: REPEALING CHAPTER 18 ARTICLE VI AND ADOPTING THE 2021 EDITION OF THE INTERNATIONAL MECHANICAL CODE City of ort rlhur www.PortArthurTx.gov DEPARTMENT OF DEVELOPMENT SERVICES DIVISION OF INSPECTIONS AND PERMITTING INTEROFFICE MEMORANDUM Date: October 27, 2023 To: The Honorable Mayor and City Council Through: Ronald "Ron" Burton, City Manager From: Pamela D. Langford, Director of Development Services RE: P.O. NO. 7196 — An Ordinance Repealing Chapter 18 Article VI and Adopting The 2021 Edition Of The International Mechanical Code. Introduction: This agenda item intends to seek the City Council's approval of P.O. No. 7196, an Ordinance Repealing Chapter 18 Article VI and Adopting the 2021 Edition of the International Mechanical Code. Budget Impact: el None Recommendation: 4 Staff recommends that the City Council adopt P. O. No. 7196, amending Chapter 18, Article V — Mechanical Code, of the Code of Ordinances thereby adopting the 2021 International Mechanical Code (IPC); and providing for a penalty, for publication and for an effective date. This will ensure safer construction standards for the City of Port Arthur. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 P.O.NO.7196 10/25/2023-PV PAGE 1 OF 5 NO. AN ORDINANCE REPEALING AND REPLACING CHAPTER 18, ARTICLE VI - MECHANICAL CODE, OF THE CODE OF ORDINANCES OF THE CITY OF PORT ARTHUR, THEREBY ADOPTING THE 2021 EDITION OF THE INTERNATIONAL MECHANICAL CODE (IMC) PUBLISHED BY THE INTERNATIONAL CODE COUNCIL, INC. (ICC); PROVIDING CERTAIN AMENDMENTS THERETO; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; PROVIDING A PENALTY FOR VIOLATION BY FINE NOT EXCEEDING TWO THOUSAND DOLLARS ($2,000), AS PROVIDED IN SECTION 18-43 OF THE CODE OR AS OTHERWISE IMPOSED BY STATE LAW; AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE IMMEDIATELY AFTER PUBLICATION WHEREAS, Chapter 18, Article VI — Mechanical Code, of the City of Port Arthur's Code of Ordinances sets forth requirements for construction; and it contains the specific codes and ordinances that make up the Mechanical code; and WHEREAS, the City Council deems it in the best interest of the citizens of the City of Port Arthur to adopt the International Mechanical Code, 2021 Edition, as published by the International Code Council, Inc., and may make variations thereof that do not substantially vary from the rules or laws of this State; and WHEREAS, the City Council of Port Arthur deems it in the best interest of the citizens of the city to adopt the 2021 International Mechanical with the exceptions thereto; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. THAT the facts and opinions in the preamble are true and correct. Section 2. THAT the City of Port Arthur hereby repeals and replaces the existing Article VI Building Code of Chapter 18 — Buildings, thereby adopting the 2021 P.O. NO.7196 10/25/2023-PV PAGE 2 OF 5 International Mechanical Code (IMC), as delineated in Exhibit A, and the red-lined version shows the amendments in Exhibit B. Section 3. THAT all ordinances or parts of ordinances in conflict herewith are herein repealed, but only to the extent of said conflict. Section 4. THAT any person who violates any provisions of this Ordinance or who shall neglect to comply with the terms hereof shall be guilty of a misdemeanor and shall on conviction thereof be fined in any sum not less than one dollar ($1 .00) nor more than two thousand dollars ($2,000.00) Dollars as provided in the Code of Ordinances, and each violation shall constitute a separate offense. Section 5. THAT this Ordinance or its caption and penalty shall be published one (1) time within ten (10) days after final passage hereof in the official newspaper of the City of Port Arthur. This Ordinance shall take effect immediately after date of publication. Section 6. THAT a copy of the caption of this resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED this day of November, A.D.2023, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: MAYOR COUNCILMEMBERS: P.O. NO.7196 10/25/2023-PV PAGE 3 OF 5 NOES: Thurman Bill Bartie, Mayor ATTEST: Sherri Bellard, TRMC, City Secretary APityPROVED ASS� TO FORM: 1,4 t v0 alecia " al" Tizeno, City Attorney APPROVED FOR ADMINISTRATION: Ronald "Ron" Burton, City Manager Pamela D. Langford, Assistant City Manager-Operations/ Director of Development Services P.O. NO.7196 10/25/2023-PV PAGE 4 OF 5 Exhibit "A" • ARTICLE VI. - MECHANICAL CODE • Sec. 18-321. - Adopted. The International Mechanical Code, 2021 Edition, referred to in this article as the "mechanical code," as published by the International code council, is adopted in this section as the mechanical code of the city, save and except such portions as are deleted, modified or amended in section 18- 322, of which code not less than one copy has been and now is filed in the office of the city secretary. Such code is adopted and incorporated as fully as if set out at length in this section, and from the date on which this section shall take effect, the provisions of such code shall be controlling within the limits of the city. • Sec. 18-322. - Amendments to code. The mechanical code adopted by this article is hereby amended, altered and changed in the following respects: Section 101.2 of chapter 1 of the mechanical code is hereby amended in its entirety to read as follows: 101.2.1 -Appendices. The appendices included in this code are not intended for enforcement unless specifically referenced in the code text or specifically included in this adopting ordinance. Appendix "A" (Chimney Connector pass through) Appendix "B" - Delete. SECTION 103 - DEPARTMENT OF MECHANICAL INSPECTION {A}103.1 General. The department of mechanical inspection is hereby amended to read as the Inspections and Permitting division. The executive in charge thereof shall be known as the Building Official. All references to the code official shall be that of the Building Official and or the mechanical Inspector. {A} 103.2 Appointment. Delete. {A} 103.3 Deputies. Delete. [A] 103.4 Liability. The Building Official or employees (Mechanical Inspector) charged with the enforcement of this code, while acting for the jurisdiction 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 liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act or omission in the discharge of official duties. Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The Director of Development Services or any subordinate shall not be liable for costs in any action, suit or proceeding that is instituted in pursuance of the provisions of this code. SECTION 109 MEANS OF APPEAL [A]109.1 Application for appeal. Any person shall have the right to appeal a decision of the plumbing inspector to the Construction Board of Adjustment and Appeals. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted there under have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. The application shall be filed on a form obtained from the code official within 20 days after the notice was served or in written letter requesting a hearing. [A]109.2 Delete. [A]109.2.1 Delete. Section 104.1.1 - Permits, is hereby amended to read as follows: Section 104.1.1 - Permits (when required). A person, firm or corporation shall not install, enlarge, alter, move, improve, remove, convert or replace any mechanical system, or cause the same to be done, without first obtaining a mechanical permit for such building or mechanical system from the building official. Section 104.7.4 of chapter 1 of the mechanical code is hereby amended in its entirety to read as follows: Section 104.7.4 - Schedule of permit feels]. On all mechanical systems requiring a mechanical permit (see exceptions in section 104.1) a fee for each mechanical permit shall be paid as required at the time the application is approved in accordance with the following: Schedule of Permit Fees New Construction; Residential $50.00 plus $20.00 per ton Commercial $100.00 Plus $20.00 per ton Refrigeration projects: Fee will be the same as commercial construction based on valuation of the project. See Chapter 18 section 18-33 for fee schedule. B101.2 - Additional fees: B101.2.1 Fee for inspecting heating, ventilating, ductwork, air conditioning systems shall be $35.00 for the first 1,000.00 square feet of floor area, or fraction thereof, plus $4.50 for each additional 1,000.00 square feet or fraction thereof. B101.2.2 Fee for inspecting repairs, alterations and additions to an existing system shall be $35.00 plus $3.50 for each 1,000.00 square feet of floor area covered by the work or fraction thereof. B101.2.3 Fee for inspecting boilers $35.00 each Fee for Reinspection In case it becomes necessary to make a re-inspection of heating, ventilation, air conditioning or refrigeration systems, or boiler installation, the installer of such equipment shall pay a re- inspection fee of$35.00. Temporary Operation Inspection Fee When preliminary inspection is requested for purposes of permitting temporary operation of a heating, ventilating, refrigeration, or air conditioning system, or portion thereof, a fee of$35.00 shall be paid by the contractor requesting such preliminary inspection. If the system is not approved for temporary operation on the first preliminary inspection, the usual reinspection fee shall be charged for each subsequent preliminary inspection for such purpose. Self-Contained Units Less Than Two Tons In all buildings, where self-contained air conditioning units of less than two tons are to be installed, the fee charged shall be that for the total tonnage of all units combined (see B101.2.1 for rates). Exception—Exempt from permit fees: Jefferson County; City of Port Arthur; Housing Authority of the City of Port Arthur. • Secs. 18-323-18-350. - Reserved. P.O.NO.7196 10/25/2023-PV PAGE 5 OF 5 Exhibit "B" • ARTICLE VI. - MECHANICAL CODE • Sec. 18-321. - Adopted. The International Mechanical Code, 2015 2021 Edition, referred to in this article as the "mechanical code," as published by the International code council, is adopted in this section as the mechanical code of the city, save and except such portions as are deleted, modified or amended in section 18-322, of which code not less than one copy has been and now is filed in the office of the city secretary. Such code is adopted and incorporated as fully as if set out at length in this section, and from the date on which this section shall take effect, the provisions of such code shall be controlling within the limits of the city. • Sec. 18-322. - Amendments to code. The mechanical code adopted by this article is hereby amended, altered and changed in the following respects: Section 101.2 of;Mapter 1 of the mechanical code is hereby amended in its entirety to read as follows: 101.2.1 - Appendices. The appendices included in this code are not intended for enforcement unless specifically referenced in the code text or specifically included in this adopting ordinance. Appendix "A" (Chimney Connector pass through) Appendix "B" - Delete. SECTION 103 - DEPARTMENT OF MECHANICAL INSPECTION {A}103.1 General. The department of mechanical inspection is hereby amended to read as the permits and inspectionlnspections and Permitting division. The executive in charge thereof shall be known as the Building Official. All references to the code official shall be that of the Building Official and or the mechanical Inspector. {A} 103.2 Appointment. Delete. {A} 103.3 Deputies. Delete. [A] 103.4 Liability. The Building Official or employees (Mechanical Inspector) charged with the enforcement of this code, while acting for the jurisdiction 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 liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act or omission in the discharge of official duties. Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The code enforcement directoDirector of Development Servicesc or any subordinate shall not be liable for costs in any action, suit or proceeding that is instituted in pursuance of the provisions of this code. SECTION 109 MEANS OF APPEAL [A]109.1 Application for appeal. Any person shall have the right to appeal a decision of the plumbing inspector to the Construction Board of Adjustment and Appeals. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted there under have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. The application shall be filed on a form obtained from the code official within 20 days after the notice was served or in written letter requesting a hearing. [A]109.2 Delete. [A]109.2.1 Delete. Section 104.1.1 - Permits, is hereby amended to read as follows: Section 104.1.1 - Permits (when required). A person, firm or corporation shall not install, enlarge, alter, move, improve, remove, convert or replace any mechanical system, or cause the same to be done, without first obtaining a mechanical permit for such building or mechanical system from the building official. Section 104.7.4 of chapter 1 of the mechanical code is hereby amended in its entirety to read as follows: Section 104.7.4 - Schedule of permit fee[s]. On all mechanical systems requiring a mechanical permit (see exceptions in section 104.1) a fee for each mechanical permit shall be paid as required at the time the application is approved in accordance with the following: Schedule of Permit Fees New Construction; Residential $50.00 plus $20.00 per ton Commercial $100.00 Plus $20.00 per ton Refrigeration projects: Fee will be the same as commercial construction based on valuation of the project. See Chapter 18 section 18-33 for fee schedule. B101.2 - Additional fees: B101.2.1 Fee for inspecting heating, ventilating, ductwork, air conditioning and rcfrigcration systems shall be $35.00 for the first 1,000.00 square feet of floor area, or fraction thereof, plus $4.50 for each additional 1,000.00 square feet or fraction thereof. B101.2.2 Fee for inspecting repairs, alterations and additions to an existing system shall be $35.00 plus $3.50 for each 1,000.00 square feet of floor area covered by the work or fraction thereof. B101.2.3 Fee for inspecting boilers $35.00 each Fee for Reinspection In case it becomes necessary to make a re-inspection of heating, ventilation, air conditioning or refrigeration systems, or boiler installation, the installer of such equipment shall pay a re- inspection fee of$35.00. Temporary Operation Inspection Fee When preliminary inspection is requested for purposes of permitting temporary operation of a heating, ventilating, refrigeration, or air conditioning system, or portion thereof, a fee of$35.00 shall be paid by the contractor requesting such preliminary inspection. If the system is not approved for temporary operation on the first preliminary inspection, the usual reinspection fee shall be charged for each subsequent preliminary inspection for such purpose. Self-Contained Units Less Than Two Tons In all buildings, cxccpt one and two family dwellings, where self-contained air conditioning units of less than two tons are to be installed, the fee charged shall be that for the total tonnage of all units combined (see B101.2.1 for rates). Exception—Exempt from permit fees: Jefferson County; City of Port Arthur; Housing Authority of the City of Port Arthur. • Secs. 18-323-18-350. - Reserved.