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Item 8ECity of Southlake, Texas MEMORANDUM June 28, 2004 TO: Billy Campbell, City Manager FROM: Rick Black, Director of Public Safety (Ext. 2421) SUBJECT: Ordinance No. 872, 1 st Reading, Adoption of the 2003 International Mechanical Code. Action Requested: City Council approval of Ordinance No. 872 adopting the 2003 International Mechanical Code with local amendments. Background Information: The city currently operates under the 2000 editions of the International Codes and under the 1999 edition of the National Electrical Code. These codes are published on a three year cycle. The North Central Texas Council of Governments Executive Board with the recommendation of the Regional Code Coordinating Committee has recommended adoption of these codes except the Property Maintenance Code be adopted with regional amendments. The Property Maintenance Code is included as an update for the Dangerous Building Code. Financial Considerations: These updated codes will have nominal impact on the cost of construction in the city. Financial Impact: This will have no financial impact on the city budget. Citizen Input/ Board Review: The Building Board of Appeals held three public hearings and unanimously recommended adoption of these codes. Two additional meetings were held to receive input from the area building contractors. Legal Review: This ordinance has been reviewed by the city attorney and changes have been made as recommended. Alternatives: Adopt the ordinance as recommended or direct staff to restudy any specific issues that may be of concern. Supporting Documents: Detailed memorandum to Garland Wilson dated June 21, 2004 Ordinance No. 872, 2003 International Mechanical Code Billy Campbell June 28, 2004 Page 2 Staff Recommendation: Approve Ordinance No. 872 on first reading with an effective date of September 30, 2004.This is intended to provide builders time to factor changes into contracts being developed. RB /gw City of Southlake, Texas MEMORANDUM June 21, 2004 TO: Garland Wilson, Chief of Administrative Services FROM: Paul Ward, Building Official, and; Chuck Bloomberg, Plans Examiner SUBJECT: 2003 International Codes The ICC, International Code Council, is a nonprofit organization founded in 1994 to develop a single set of comprehensive and coordinated national model construction codes for use throughout the country. We as the City of Southlake have been involved and supportive throughout the code development process and the creation of the International Codes. This support has been through the North Texas chapter of the International Code Council and through the regional review process be the Regional Codes Coordinating Committee of the NCTCOG (North Central Texas Council of Governments). The I Codes were developed with the support of many organizations that have interest in the construction industry although the final vote on all items is by code officials only. Work on the International Codes has been a model of democracy, without territorial disparities getting in the way. The American Institute of Architects and the National Association of Home Builders were both very active participants in the code development process. The National Association of Home Builders has applauded the recent action by the International Code Council (ICC) to add "affordability" to the Purpose Statement section of the International Residential Code (IRC), which applies to one- and two - family homes. The City of Southlake has had a track record of supporting the latest edition of the codes. The code has been published every three years for a long time. Since the 1980's Southlake has adopted the new code within one year of it becoming available. Another important reason to be up to date with the latest codes is the ISO insurance rating. Their system will subtract points if the city is not on the current codes. We always need to be able to show that we are current with the latest codes. The Building Codes are a set of universally accepted standards adopted as guidelines for construction of buildings and related building operations. The term "building codes" is a generic phase that actually encompasses several individual codes, each of which must be approved and adopted by the City Council before they can be applied or enforced. These codes are periodically updated, primarily due to new products entering the marketplace, and minor revisions may be made under the term "local amendments." The International Mechanical Code (IMC) provides guidelines for the design and installation of air conditioning, heating and ventilation systems. The purpose is to protect against fires, carbon monoxide poisoning, and to ensure an even flow of air conditioning and heating throughout the structure. Southlake currently operates under the 2000 IMC. The proposed ordinance will bring us up to date by adopting the 2003 edition of the International Mechanical Code (2003 IMC). This ordinance was created from the framework of the previous ordinance, inserting the NCTCOG recommended regional amendments. 2003 International Mechanical Code ORDINANCE NO. 872 AN ORDINANCE ADOPTING THE INTERNATIONAL MECHANICAL CODE, 2003 EDITION; PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS THERETO; PROVIDING FOR RECORDING OF SUCH CODE AS A PUBLIC RECORD; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, City Council of the City of Southlake deems it necessary to adopt this ordinance governing requirements for the installation and maintenance of Heating, Air Conditioning and other Mechanical systems including requirements for materials, in order to protect the health, safety and welfare of the citizens of the City of Southlake. WHEREAS, beginning in the summer of 2003, NCTCOG's Regional Codes Coordinating Committee (RCCC) and its four advisory boards conducted 26 open review meetings over a 10- month period to review the 2003 editions of the International Codes and to develop regional amendments. Their review and recommendations were completed and endorsed by NCTCOG's Executive Board in March 2004. Now NCTCOG encourages jurisdictions in North Central Texas to adopt the 2003 International Mechanical Code along with its respective regional amendments with an effective date of July 1, 2004: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 That the International Mechanical Code, 2003 Edition, published by The International Code Council, Inc., is hereby adopted as the Mechanical Code of the City of Southlake, except for mechanical systems otherwise regulated under the International Residential Code for One- and Two- Family Dwellings as adopted. A true and correct copy of this Code is attached to this ordinance as Exhibit "A." SECTION 2 That the 2003 International Mechanical Code, as adopted herein, is hereby amended as provided in Exhibit `B" incorporated herein and attached hereto for all purposes of this ordinance. The City of Southlake may from time to time determine that additional local modifications to the 200030 International Mechanical Code are necessary and appropriate to meet the unique construction needs of the City of Southlake. To effectuate these modifications, the City council shall enact individual ordinances amending this ordinance fully setting forth the change to be made in the code. Upon adoption, copies of these amendments shall be attached to Exhibit "B" to this Ordinance. SECTION 3 The material contained in Exhibits "A" and `B" to this ordinance shall not be included in the municipal codification of ordinances, but shall be maintained as a public record in the office of the City Secretary and will be available for public inspection and copying during regular business hours. SECTION 4 This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 5 It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6 Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) all violations involving zoning, fire safety or public health and sanitation, including dumping or refuse, and shall be fined not more than five hundred dollars _($500) for all other violations of this ordinance each day that a violation is permitted to exist shall constitute a separate offense. SECTION 7 All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of any ordinances affecting the installation and maintenance of heating, conditioning and other mechanical systems which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance buy may be prosecuted until final disposition by the courts. SECTION 8 The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 9 The City Secretary of the City of Southlake is hereby directed to publish in the official newspaper the City of Southlake, the caption, penalty clause, publication clause and effective date of this _ordinance one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10 This ordinance shall be in full force and effect from and after its passage and publication as required by law, but not sooner than September 30, 2004, and it is so ordained. Passed And Approved On First Reading On This Day Of , 2004 MAYOR Passed And Approved On Second Reading On This MAYOR ATTEST: CITY SECRETARY Day Of , 2004. ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney EFFECTIVE: EXHIBIT - B" Amendments to the 2003 International Mechanical Code The following sections, paragraphs, and sentences of the 2003 International Mechanical Code are hereby amended as follows: (Standard type is text from the IMC. Underlined type is text inserted. Lined through typo is deleted t from the IMG.) A double asterisk at the beginning of a section identifies an amendment carried over from the 2000 edition of the code and a triple asterisk identifies a new amendment with the 2003 edition of the code. After each code amendment a reason is given in parentheses. The reason is not a part of the code, but is given to aid in understanding the code. * *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 amendments as well. Any reference to NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adopted. (Reason: Legal wording to recognize locally adopted codes and amendments adopted with referenced codes.) * *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 T cutting, notching and boring of wood framing members shall comply with Sections 302.3.1 through 302.3.4. (Reason: Reference IBC and its restrictions.) * *Section 304.6; delete. (Reason: This provision does not reflect standard practice in this area. Consistent with regional amendment to IFGC 305.5.) * *Section 304.9; change to read as follows: 304.9 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. (Reason: Consistent with current local practice. Consistent with regional amendment to IFGC 305.7.) * *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) ... from the opening to the appliance. The passageway shall have continuous unobstructed solid flooring not less than 24- 30 inches (64-0 762 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 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. 3. An access door from an upper floor level. 6 Exception: The passageway and level service space are not required where the appliance is capable of being serviced and removed through the required opening. (Reason: To provide a safe means of accessibility to appliances in attics. Consistent with regional amendment to IFGC 306.3.) * *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 an aggregate height exceeding 16 feet (4877 mm), such access shall be provided by a permanent approved means of access_ the extent of which shall be from 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. (Reason: To assure safe access to roof appliances. To provide access to electricity for maintenance of equipment. Consistent with IFGC amendments.) * *Add Section 306.6 to read as follows: 306.6 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. (Reason: To assure safe access to roof appliances. Consistent with IFGC amendments.) * *Add Sections 306.7 and 306.7.1 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 from the main level is not obtainable, lighting and a receptacle outlet shall be provided in accordance with Section 306.3.1. (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 IPC 502.5.) * *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 into a street, alley sidewalk, rooftop, or other areas so as to cause a nuisance. (Reason: Greater specificity in prohibited locations for condensate discharge. Consistent with regional amendment to IPC 314.2.1.) ** *Section 307.2.2; change to read as fol lows: 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 pipe or tubing. All components shall be selected for the pressure and temperature and exposure rating of the installation. {Remainder unchanged) (Reason: To require UV protection.) * *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. (Reason: To alert occupants to a condition needing corrective action.) * *Section 401.5; 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. (Reason: Provide a more reasonable alternative in areas where a large volume of outside air is present.) * *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. (Reason: Recognize the most commonly used standard as an alternate design method.) * *Section 403.2.1; add an item #4 to read as follows: 4. Toilet rooms within Drivate dwellinas that contain onlv 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 local practice. Consistent with regional amendment to IRC R303.3.) * *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. (Reason: Consistent with common local practice.) * *Section 501.2; add 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 (Reason: Provide a more reasonable alternative in areas where a large volume of outside air is present.) * *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. (Reason: To clarify size requirement. Consistent with regional amendment to IFGC 614.6.) * *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 ft (7620 mm) from the dryer location to the outlet terminal. The maximum length of duct shall be reduced 2 1 /2 feet for each 45- degree (0.79 rad) bend and 5 feet (1524mm) for each 90- degree (1.6 rad) bend. The maximum length of the exhaust duct does not include the transition duct. Exceptions: 1. Where the make and model of the clothes dryer to be installed is known and the manufacturer's installation instructions for such dryer are provided to the code official, the maximum length of the exhaust duct, including any transition duct, shall be permitted to be in accordance with the dryer manufacturer's installation instructions. 2.. Where the first 9 feet of vent are 4" diameter pipe with not over two 90 bends and the pipe size is then increased to 5" diameter, it may extend horizontally as far as 28.5 feet to the termination outdoors. (Reason: Engineered dryer vent equivalent considering velocity and pressure drop.) * *Section 506.3.10; change to read as follows: 506.3.10 Grease duct enclosure. A grease duct serving a Type I hood that penetrates a ceiling, wall or floor shall be enclosed from the point of penetration to the outlet terminal. A duct shall penetrate exterior walls only at locations where unprotected openings are permitted by the International Building Code. Ducts shall be enclosed in accordance with the International Building Code requirements for shaft construction. The duct enclosure shall be sealed around the duct at the point of penetration and vented to the outside of the building through the use of weather - protected openings. Clearance from the duct to the interior surface of enclosures of combustible construction shall be not less than 18 inches (457 mm). Clearance from the duct to the interior surface of enclosures of noncombustible construction or gypsum wallboard attached to noncombustible structures shall be not less than 6 O^ ^hes (152 mm` 3 inches (76 mm) or more than 12 inches (305 mm) .The duct enclosure shall serve a single grease exhaust duct system and shall not contain any other ducts, piping, wiring or systems. Exceptions: 1. The shaft enclosure provisions of this section shall not be required where a duct penetration is protected with a through - penetration firestop system classified in accordance with ASTM E 814 and having an "F" and "T" rating equal to the fire - resistance rating of the assembly being penetrated and where the surface of the duct is continuously covered on all sides from the point at which the duct penetrates a ceiling, wall or floor to the outlet terminal with a classified and labeled material, system, method of construction or product specifically evaluated for such purpose, in accordance with a nationally recognized standard for such enclosure materials. Exposed duct wrap systems shall be protected where subject to physical damage. (Reason: Consistent with common local practice.) * *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 buildina and shall not extend into or throuah ducts and plenums. Penetration of structural elements shall conform to this section and the International Building Code except that fire Fire dampers are not required at penetration of fire - resistance -rated assemblies f„r hazardous exhaust d UG t SyS t eFn shall GOM w ith S 510 (Reason: To clarify requirements.) * *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 approved fire dampers installed in accordance with their listing. Hazardous exhaust ducts shall not penetrate fire walls. (Reason: For clarification.) END OF AMENDMENTS