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HomeMy WebLinkAboutPO 6279: ADOPTING 2012 INTERNATIONAL MECHANICAL CODE P. O. No. 6279 10/05/12 LB ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 18 ARTICLE VI MECHANICAL CODE SECTION 18 -321 AND SECTION 18 -322 ADOPTING THE 2012 INTERNATIONAL MECHANICAL CODE TO THE CODE OF ORDINANCES OF THE CITY OF PORT ARTHUR; PROVIDING CERTAIN AMENDMENTS THEREWITH; PROVIDING A PENALTY FOR VIOLATION BY FINE NOT EXCEEDING TWO THOUSAND DOLLARS, AS PROVIDED IN SECTION 18 -43 OF THE CODE OR OTHERWISE IMPOSED BY STATE LAW; SAID CHANGES REPEAL ALL OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING THE EFFECTIVE DATE HEREOF. WHEREAS, the City Council desires to adopt the changes to the 2012 International Mechanical Code attached hereto as Exhibit "A "; and WHEREAS, the City Council deems it in the best interest of the citizens of the City of Port Arthur to adopt the 2012 International Mechanical Code as to Chapter 18 Article VI Mechanical Code Section 18 -321 and Section 18 -322 for the City of Port Arthur and may make variations thereto 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 proposed amendments to Chapter 18 Article VI Section 18 -321 and Section 18 -322 of the Mechanical Code with the exceptions thereto. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: Section 1. That the facts and opinions in the preamble are true and correct. I Section 2. That Article VI Mechanical Code Section 18- 321 and Section 18 -322 of the Code of Ordinance is hereby 1 amended to read as set forth in EXHIBIT "A ". 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 That all ordinances or parts of ordinances in conflict herewith are herein repealed, but only to the extent of said conflict.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 ($1.00) Dollar nor more than Two Thousand ($2,000) Dollars as provided in the Code of Ordinances, and each violation shall constitute a separate offense. Section 5. That the caption of this Ordinance and its penalty shall be published in the City's official newspaper at least one (1) time within ten (10) days after passage thereof. This Ordinance shall take effect immediately after the date of publication. Section 6. That a copy of the caption of this Ordinance is spread upon the minutes of the City Council. READ, ADOPTED AND APPROVED on this day of October A.D., 2012, at a Regular Meeting of the City Council of Port Arthur, Texas, by the following vote: AYES: Mayor Councilmembers: NOES: MAYOR ATTEST: CITY SECRETARY APPR• :D AS TO FO : /// CITY ATTORNEY APPROVED FOR ADMINISTRATION: CITY MANAGER _., A_,A, i ` D ' f EC OR OF CODE ENFOR EME T EXHIBIT "A" ARTICLE VI. MECHANICAL CODE Section. 18 -321. Adopted. The 2012 International Mechanical Code, 2012 Edition, referred to in this article as the "Mechanical Code ", as published by the International Code Council Inc., is adopted in this section as the Mechanical Code of the City, save and except such portions as are deleted, modified or amended by Section 18 -321, of which code not less than one 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. Section 18 -322. Amendments to code. The mechanical code adopted by this article is hereby amended, altered and changed in the following respects: ENFORCEMENT {A} 103.1 General. The department of mechanical inspection is hereby amended to read as the building inspection division. The executive in charge thereof shall be known as the Director of Code Enforcement Department. All references to the code official shall be that of the Code Enforcement Director and or the Plumbing Inspector. {A} 103.2 Appointment. Delete. {A} 103.3 Deputies. Delete [A] 103.4 Liability. The Director of Code Enforcement or employees (Mechanical /Building 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 director 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.