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Ord 33-2011 7/5/2011ORDINANCE NO. 33 -2011 Ordinance Amending Chapters 22 And 50 Of The Code Of Ordinances Of The City Of Wichita Falls To Adopt And Amend Portions Of The 2009 International Building Code, Plumbing Code, Mechanical Code, Fuel Gas Code, Residential Code, Existing Building Code, Fire Code, And The 2006 International Energy Conservation Code; Providing For A Penalty Not To Exceed $2,000 Per Violation; And Providing For Codification WHEREAS, the Construction Board of Adjustment and Appeals has recommended the adoption of the 2009 International Building Code, Plumbing Code, Mechanical Code, Fuel Gas Code, Residential Code, Existing Building Code, Fire Code, and the 2006 International Energy Conservation Code, as amended; and WHEREAS, the City Council finds that adoption of these codes will protect public health and sanitation and fire safety of residents of the City of Wichita Falls. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1. 2009 International Building Code Sections 22 -26 and 22 -27 of the Code of Ordinances of the City of Wichita Falls are amended to read as follows: Sec. 22-26. Adopted. The following portions of the 2009 International Building Code, published by the International Code Council, are adopted by reference as though they were copied fully in this section: Chapters 2 -33, and Appendices F, I, and J. The following is hereby adopted as Chapter 1 of the Building Code and is intended to apply to all of the technical codes: CHAPTER 1: SCOPE AND ADMINISTRATION SECTION 101 GENERAL 101.1 Title. These regulations shall be known as the Building Code of the City of Wichita Falls, Texas, hereinafter referred to as "this code." The provisions of the 2009 International Building Code, the 2009 International Existing Building Code, the 2009 International Fuel Gas Code, the 2009 International Mechanical Code, the 2009 International Plumbing Code, and the 2009 International Residential Code for One- and Two - Family Dwellings adopted by the City of Wichita Falls shall be known collectively as "the technical codes of the City of Wichita Falls," or "the technical codes." 101.2 Scope. The provisions of the technical codes shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances and systems connected or attached to such buildings or structures. Exception: Detached one- and two- family dwellings and multiple single - family dwellings (townhouses) not more than three stories above grade plane in height with a separate means of egress and their accessory structures shall comply with the 2009 International Residential Code for One- and Two - Family Dwellings, also known as the 2009 International Residential Code. 101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted. 101.3 Intent. The purpose of the technical codes is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, properly installed and maintained systems, means of egress from facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to fire fighters and emergency responders during emergency operations. 101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.6 and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. 101.4.1 Gas. The provisions of the 2009 International Fuel Gas Code shall apply to the installation of fuel gas piping systems, fuel gas appliances, gaseous hydrogen systems and related accessories in accordance with Sections 101.4.1.1 through 101.4.1.4. 101.4.1.1 Piping systems. These regulations cover piping systems for natural gas with an operating pressure of 125 pounds per square inch gauge (psig) (862 kPa gauge) or less, and for LP -gas with an operating pressure of 20 psig (140 kPa gauge) or less, except as provided in Section 402.6 of the 2009 International Fuel Gas Code. Coverage shall extend from the point of delivery to the outlet of the appliance shutoff valves. Piping system requirements shall include design, materials, components, fabrication, assembly, installation, testing, inspection, operation and maintenance. 101.4.1.2 Gas appliances. Requirements for gas appliances and related accessories shall include installation, combustion and ventilation air and venting and connections to piping systems. 101.4.1.3 Systems, appliances and equipment outside the scope. The 2009 International Fuel Gas Code shall not apply to the following: 1. Portable LP -gas appliances and equipment of all types that are not connected to a fixed fuel piping system. 2. Installation of farm appliances and equipment such as brooders, dehydrators, dryers and irrigation equipment. 3. Raw material (feedstock) applications except for piping to special atmosphere generators. 4. Oxygen -fuel gas cutting and welding systems. 5. Industrial gas applications using gases such as acetylene and acetylenic compounds,, hydrogen, ammonia, carbon monoxide, oxygen and nitrogen. 6. Petroleum refineries, pipeline compressor or pumping stations, loading terminals, compounding plants, refinery tank farms and natural gas processing plants. 7. Integrated chemical plants or portions of such plants where flammable or combustible liquids or gases are produced by, or used in, chemical reactions. 8. LP -gas installations at utility gas plants. 9. Liquefied natural gas (LNG) installations. 10. Fuel gas piping in power and atomic energy plants. 11. Proprietary items of equipment, apparatus or instruments such as gas - generating sets, compressors and calorimeters. 12. LP -gas equipment for vaporization, gas mixing and gas manufacturing. 13. Temporary LP -gas piping for buildings under construction or renovation that is not to become part of the permanent piping system. 14. Installation of LP -gas systems for railroad switch heating. 15. Installation of hydrogen gas, LP -gas and compressed natural gas (CNG) systems on vehicles. 16. Except as provided in Section 401.1.1 of the 2009 International Fuel Gas Code, gas piping, meters, gas pressure regulators and other appurtenances used by the serving gas supplier in the distribution of gas, other than undiluted LP -gas. 17. Building design and construction, except as specified therein. 18. Piping systems for mixtures of gas and air within the flammable range with an operating pressure greater than 10 psig (69 kPa gauge). 19. Portable fuel cell appliances that are neither connected to a fixed piping system nor interconnected to a power grid. 101.4.1.4 Other fuels. The requirements for the design, installation, maintenance, alteration and inspection of mechanical systems operating with fuels other than fuel gas shall be regulated by the International Mechanical Code. 101.4.2 Mechanical. The provisions of the 2009 International Mechanical Code shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and /or appurtenances, including ventilating, heating, cooling, air - conditioning and refrigeration systems, incinerators and other energy - related systems. 101.4.3 Plumbing. The provisions of the 2009 International Plumbing Code shall apply to the erection, installation, alteration, repair, relocation, replacement, addition to, use or maintenance of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system, as that term is defined by the 2009 International Plumbing Code. The International Plumbing Code shall also regulate nonflammable medical gas, inhalation anesthetic, vacuum piping, nonmedical oxygen systems and sanitary and condensate vacuum collection systems. 101.4.4 Fire prevention. The provisions of the 2009 International Fire Code shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression and alarm systems or fire hazards in the structure or on the premises from occupancy or operation. 101.4.5 Energy. The provisions of the 2006 International Energy Conservation Code shall apply to all matters governing the design and construction of buildings for energy efficiency. 101.5 Existing buildings. The provisions of the 2009 International Existing Building Code shall apply to the repair, alteration, change of occupancy, addition and relocation of all existing buildings, regardless of occupancy, subject to the criteria of Sections 101.5.1 and 101.5.2. 101.5.1 Buildings not previously occupied. A building or portion of a building that has not been previously occupied or used for its intended purpose in accordance with the laws in existence at the time of its completion shall comply with the provisions of the 2009 International Building Code or the 2009 International Residential Code, as applicable, for new construction or with any current permit for such occupancy. 101.5.2 Buildings previously occupied. The legal occupancy of any building existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in the 2009 International Existing Building Code or the International Fire Code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public. 101.5.3 Correction of violations of other codes. Repairs or alterations to an existing building mandated by any property, housing, or fire safety maintenance code or mandated by any licensing rule or ordinance adopted pursuant to law shall conform only to the requirements of that code, rule, or ordinance and shall not be required to conform to the 2009 International Existing Building Code unless the code requiring repair or alteration so provides. 101.5.4 Compliance methods for existing buildings. The repair, alteration, change of occupancy, addition or relocation of all existing buildings shall comply with one of the methods listed in Sections 101.5.4.1 through 101.5.4.3 as selected by the applicant. Application of a method shall be the sole basis for assessing the compliance of work performed under a single permit unless otherwise approved by the building official. Sections 101.5.4.1 through 101.5.4.3 shall not be applied in combination with each other. Where this code requires consideration of the seismic - force - resisting system of an existing building subject to repair, alteration, change of occupancy, addition or relocation of existing buildings, the seismic evaluation and design shall be based on Section 101.5.4.4 regardless of which compliance method is used. Exception: Subject to the approval of the building official, alterations complying with the laws in existence at the time the building or the affected portion of the building was built shall be considered in compliance with the provisions of the 2009 International Existing Building Code unless the building is undergoing more than a limited structural alteration as defined in Section 807.4.3 of the 2009 International Existing Building Code. New structural members added as part of the alteration shall comply with the 2009 International Building Code. Alterations of existing buildings in flood hazard areas shall comply with Section 601.3 of the 2009 International Existing Building Code. 101.5.4.1 Prescriptive compliance method. Repairs, alterations, additions and changes of occupancy complying with Chapter 3 of the 2009 International Existing Building Code in buildings complying with the 2009 International Fire Code shall be considered in compliance with the provisions of the 2009 International Existing Building Code. 101.5.4.2 Work area compliance method. Repairs, alterations, additions, changes in occupancy and relocated buildings complying with the applicable requirements of Chapters 4 through 12 of the 2009 International Existing Building Code shall be considered in compliance with the provisions of the 2009 International Existing Building Code. 101.5.4.3 Performance compliance method. Repairs, alterations, additions, changes in occupancy and relocated buildings complying with Chapter 13 of the 2009 International Existing Building Code shall be considered in compliance with the provisions of the 2009 International Existing Building Code. 101.5.4.4 Evaluation and design procedures. The seismic evaluation and design shall be based on the procedures specified in the International Building Code, ASCE 31 or ASCE 41. The procedures contained in Appendix A of this code shall be permitted to be used as specified in Section 101.5.4.4.2. 101.5.4.4.1 Compliance with IBC level seismic forces. Where compliance with the seismic design provisions of the 2009 International Building Code is required, the procedures shall be in accordance with one of the following: 1. The 2009 International Building Code using 100 percent of the prescribed forces. The values of R, WO and Cd used for analysis in accordance with Chapter 16 of the 2009 International Building Code shall be those specified for structural systems classified as "Ordinary" in accordance with Table 12.2 -1 of ASCE 7, unless it can be demonstrated that the structural system satisfies the proportioning and detailing requirements for systems classified as "Detailed," "Intermediate" or "Special." 2. Compliance with ASCE 41 using both the BSE -1 and BSE -2 earthquake hazard levels and the corresponding performance levels shown in Table 101.5.4.4.1. TABLE 101.5.4.4.1: PERFORMANCE CRITERIA FOR IBC LEVEL SEISMIC FORCES OCCUPANCY CATEGORY PERFORMANCE LEVEL PERFORMANCE LEVEL (Based on IBC Table FOR USE WITH ASCE 41 FOR USE WITH ASCE 41 1604.5) BSE -1 EARTHQUAKE BSE -2 EARTHQUAKE HAZARD LEVEL HAZARD LEVEL I Life safety (LS) Collapse prevention (CP) II Life safety (LS) Collapse prevention (CP) III Note a below Note a below IV Immediate occupancy (10) Life safety (LS) a. Acceptable criteria for Occupancy Category III shall be taken as 80 percent of the acceptance criteria specified for Occupancy Category IV performance levels. 101.5.4.4.2 Compliance with reduced IBC level seismic forces. Where seismic evaluation and design is permitted to meet reduced 2009 International Building Code seismic force levels, the procedures used shall be in accordance with one of the following: 1. The 2009 International Building Code using 75 percent of the prescribed forces. Values of R, 00 and Cd used for analysis shall be as specified in Section 101.5.4.4.1 of this code. 2. Structures or portions of structures that comply with the requirements of the applicable chapter in Appendix A of the 2009 International Existing Building Code as specified in Items 2.1 through 2.5 shall be deemed to comply with this section. 2.1. The seismic evaluation and design of unreinforced masonry bearing wall buildings in Occupancy Category I or II are permitted to be based on the procedures specified in Chapter Al of the 2009 International Existing Building Code. 2.2. Seismic evaluation and design of the wall anchorage system in reinforced concrete and reinforced masonry wall buildings with flexible diaphragms in Occupancy Category I or II are permitted to be based on the procedures specified in Chapter A2 of the 2009 International Existing Building Code. 2.3. Seismic evaluation and design of cripple walls and sill plate anchorage in residential buildings of light -frame wood construction in Occupancy Category I or II are permitted to be based on the procedures specified in Chapter A3 of the 2009 International Existing Building Code. 2.4. Seismic evaluation and design of soft, weak, or open - front wall conditions in multiunit residential buildings of wood construction in Occupancy Category I or II are permitted to be based on the procedures specified in Chapter A4 of the 2009 International Existing Building Code. 2.5. Seismic evaluation and design of concrete buildings and concrete with masonry infill buildings in all occupancy categories are permitted to be based on the procedures specified in Chapter A5 of the 2009 International Existing Building Code. 3. Compliance with ASCE 31 based on the applicable performance level as shown in Table 101.5.4.4.2. It shall be permitted to use the BSE -1 earthquake hazard level as defined in ASCE 41 and subject to the limitations in Item 4 below. 4. Compliance with ASCE 41 using the BSE -1 Earthquake Hazard Level and the performance level shown in Table 101.5.4.4.2. The design spectral response acceleration parameters SXS and SX1 specified in ASCE 41 shall not be taken less than 75 percent of the respective design spectral response acceleration parameters SIDS and SD1 defined by the 2009 International Building Code. TABLE 101.5.4.4.2: PERFORMANCE CRITERIA FOR REDUCED IBC LEVEL SEISMIC FORCES OCCUPANCY CATEGORY PERFORMANCE LEVEL PERFORMANCE LEVEL (Based on IBC Table FOR USE WITH ASCE 31 FOR USE WITH ASCE 41 1604.5) BSE -1 EARTHQUAKE HAZARD LEVEL I Life safety (LS) Life safety (LS) II Life safety (LS) Life safety (LS) III Notes a & b below Note a below IV Immediate occupancy (10) Immediate occupancy (10) a. Acceptable criteria for Occupancy Category III shall be taken as 80 percent of the acceptance criteria specified for Occupancy Category IV performance levels. b. For Occupancy Category III, the ASCE 31 screening phase checklists shall be based on the life safety performance level. 101.6 One- and two- family dwellings. The provisions of the 2009 International Residential Code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one- and two- family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress and their accessory structures. Exception: Live /work units complying with the requirements of Section 419 of the 2009 International Building Code shall be permitted to be built as one- and two- family dwellings or townhouses even if said live /work units do not comply with Section 419.5 of the 2009 International Building Code. 101.7 Areas of special flood hazard. Where applicable, Chapter 54 of the City of Wichita Falls Code of Ordinances shall govern in areas of special flood hazard, as that phrase is defined by that chapter. SECTION 102 APPLICABILITY 102.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in any specific case, different sections of the technical codes specify different materials, methods of construction or other requirements, the most restrictive shall govern. 102.2 Other laws. The provisions of the technical codes shall not be deemed to nullify any provisions of local, state or federal law. 102.3 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of the technical codes. 102.4 Referenced codes and standards. The codes and standards referenced in the technical codes shall be considered part of the requirements of the technical codes to the prescribed extent of each such reference. Where differences occur between provisions of the technical codes and referenced codes and standards, the provisions of the 2009 International Building Code shall apply first, and then the provisions of the other technical codes shall apply. 102.5 Severability. In the event that any part, provision, section, subsection, sentence, clause or phrase of the technical codes is held to be unconstitutional, illegal or void, this shall not have the effect of making unconstitutional, void or illegal any of the other parts, provisions, sections, subsections, clauses or phrases of the technical codes. 102.6 Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code and the International Fire Code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public. 102.7 Existing installations. Fuel gas, mechanical, electrical and plumbing systems lawfully in existence at the time of the adoption of the technical codes shall be permitted to have their use and maintenance continued if the use, maintenance or repair is in accordance with the original design and no hazard to life, health or property is created by such system. 102.8 Maintenance. All fuel gas, mechanical, electrical and plumbing systems, materials and appurtenances, both existing and new, and all parts thereof, shall be maintained in proper operating condition in accordance with the original design in a safe and sanitary condition. All devices or safeguards required by the technical codes shall be maintained in compliance with the code edition under which they were installed. The owner or the owner's designated agent shall be responsible for maintenance of systems. To determine compliance with this provision, the building official shall have the authority to require any system to be reinspected. 102.9 Additions, alterations or repairs. Additions, alterations, renovations or repairs to any fuel gas, mechanical, electrical or plumbing system shall conform to that required for a new system without requiring the existing system to comply with all the requirements of the technical codes. Additions, alterations or repairs shall not cause an existing system to become unsafe, unsanitary or overloaded. Minor additions, alterations, renovations and repairs to existing fuel gas, mechanical, electrical or plumbing systems shall meet the provisions for new construction, unless such work is done in the same manner and arrangement as was the existing system, is not hazardous and is approved. 102.10 Change in occupancy. It shall be unlawful to make any change in the occupancy of any structure that will subject the structure to any special provision of the technical codes applicable to the new occupancy without approval of the building official. The building official shall certify that such structure meets the intent of the provisions of law governing building construction for the proposed new occupancy and that such change of occupancy does not result in any hazard to the public health, safety or welfare. 102.11 Historic buildings. The provisions of the 2009 International Fuel Gas Code, the 2009 International Mechanical Code and the 2009 International Plumbing Code relating to the construction, alteration, repair, enlargement, restoration, relocation or moving of buildings or structures shall not be mandatory for existing buildings or structures identified and classified by the state or local jurisdiction as historic buildings when such buildings or structures are judged by the building official to be safe and in the public interest of health, safety and welfare regarding any proposed construction, alteration, repair, enlargement, restoration, relocation or moving of buildings. 102.12 Moved buildings. Except as determined by Section 102.7, electrical, fuel gas, mechanical and plumbing systems that are part of buildings or structures moved into or within the jurisdiction shall comply with the provisions of the technical codes for new installations. 102.13 Requirements not covered by code. Any requirements necessary for the strength, stability or proper operation of an existing or proposed fuel gas, mechanical, electrical or plumbing system, or for the public safety, health and general welfare, not specifically covered by the technical codes shall be determined by the building official. 102.14 Referenced codes and standards. The codes and standards referenced in each of the technical codes shall be those that are listed in each of the specific technical codes, and such codes and standards shall be considered part of the requirements of the technical codes to the prescribed extent of each such reference. Where differences occur between provisions of the technical codes and the referenced standards, the provisions of the technical codes shall apply. 102.15 Application of references. Reference to chapter section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of the technical codes. SECTION 103 DUTIES AND POWERS OF BUILDING AND CODE ADMINISTRATOR 103.1 General. The building and code administrator and his employees and agents are hereby authorized and directed to enforce the provisions of the technical codes. Any reference in the technical codes to "building official" or "code official" shall be held to mean "building and code administrator." The building and code administrator shall head the division of building and code administration and shall have the authority to render interpretations of the technical codes and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of the technical codes. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in the technical codes. 103.2 Applications and permits. The building official shall receive applications, review construction documents and issue permits for the erection, alteration, demolition and moving of buildings and structures, inspect the premises for which such permits have been issued, and enforce compliance with the provisions of the technical codes. 103.3 Notices and orders. The building official shall issue all necessary notices or orders to ensure compliance with the technical codes. 103.4 Inspections. The building official shall make all of the required inspections, or the building official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The building official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. 103.5 Identification. The building official shall carry proper identification when inspecting structures or premises in the performance of duties under the technical codes. 103.6 Right of entry. Where it is necessary to make an inspection to enforce the provisions of the technical codes, or where the building official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of the technical codes which makes the structure or premises unsafe, dangerous or hazardous, the building official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by the technical codes, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry. 103.7 Official records. The building official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records. 103.8 Liability. The building official, members of the construction board of adjustment and appeals, and employees charged with the enforcement of the technical codes, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by the technical codes or other pertinent law or ordinance, shall not thereby be rendered liable personally and are hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of the technical codes shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The building official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of the technical codes. 103.9 Approved materials and equipment. Materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval. 103.9.1 Used materials and equipment. The use of used materials which meet the requirements of the technical codes for new materials is permitted. Used equipment and devices shall not be reused unless approved by the building official. 103.10 Modifications. Wherever there are practical difficulties involved in carrying out the provisions of the technical codes, the building official shall have the authority to grant modifications for individual cases, upon application of the owner or owner's representative, provided the building official shall first find that special individual reason makes the strict letter of the technical codes impractical and the modification is in compliance with the intent and purpose of the technical codes and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the division of building and code administration. 103.11 Alternative materials, design and methods of construction and equipment. The provisions of the technical codes are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by the technical codes, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of the technical codes, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in the technical codes in quality, strength, effectiveness, fire resistance, durability and safety. 103.11.1 Research reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in the technical codes, shall consist of valid research reports from approved sources. 103.11.2 Tests. Whenever there is insufficient evidence of compliance with the provisions of the technical codes, or evidence that a material or method does not conform to the requirements of the technical codes, or in order to substantiate claims for alternative materials or methods, the building official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in the technical codes or by other recognized test standards. In the absence of recognized and accepted test methods, the building official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the building official for the period required for retention of public records. SECTION 104 CONTRACTOR REGISTRATION 104.1 Definitions. 104. 1.1 Contractor defined. Contractor shall mean any person or entity who undertakes or attempts to submit, or does submit a price or bid to or otherwise offers to or does construct, supervise, superintend, oversee, schedule, direct, or in any manner assume charge of the construction, alteration, repair, improvement, movement, demolition, putting up, tearing down, or furnishing labor to install material or equipment for any building, highway, road, railroad, sewer, grading, excavation, pipeline, public utility, structure, project development, housing, housing development, improvement or any other construction undertaking. The terms includes, but is not limited to, a prime contractor, electrical contractor, construction manager, residential construction manager, construction consultant and any architect or engineer who conducts or provides any activity or service described herein other than the practice of engineering or architecture as those terms are governed by State law. The term also includes any person, company, firm, partnership or corporation desiring to act as an irrigator, or to engage in the business of work on fuel gas, mechanical, electrical or plumbing systems. 104.1.2 Maintenance work defined. Maintenance work shall mean repair work and all other work required for the continued normal performance of a commercial property. 104.1.3 Owner defined. Owner shall mean a person or entity who possesses legal title to a property or such person or entity who may be a regular bona fide employee of the person or entity who possesses legal title to a property. Such term shall not include an "independent contractor" or self - employed individual performing work for a person or entity who possesses legal title to a property, or a person who performs the same work for members of the general public. 104.2 Contractor registration required. In order to act as a contractor or to perform work pursuant to a building permit, a person or entity must be registered as a contractor with the building official as a contractor, and must reregister annually, in accordance with the following provisions: 1. Application for contractor registration shall be made upon forms provided by the building official and the applicant shall provide all information required by such form. 2. Unregistered contractors shall not acquire building permits or continue work on currently issued building permits. 3. Failure to keep any bond required by city, state or federal law in force will result in revocation of contractor registration, and will invalidate any building permits issued to the contractor. 4. If a contractor registration expires or is revoked and is then renewed, all permits thereunder must be reissued, and the contractor will be required to pay all applicable fees, including permit fees, again. 5. Contractor registration may be revoked and applications for contractor registration may be rejected by the building official for the following reasons: a. Failure to maintain any required bond; b. Failure to fully complete contractor registration form; C. Failure to pay any required fee; d. Refusal to correct any violation of the technical codes after notice; or e. Conviction of three or more violations of the technical codes. 6. No contractor registration shall be required to issue a building permit for a residential structure to a homeowner who occupies the property in question as his permanent residence. No contractor registration shall be required to issue a building permit for a residential structure to a homeowner who is constructing a new permanent residence and acting as the general contractor for the work performed. A homeowner may obtain a "new permanent residence" permit not more than once every two years. Any subcontractor who performs work under a homeowner's permits must meet all city and state licensing requirements. 7. The annual contractor registration carries no fee. 8. An owner shall be exempt from contractor registration requirements when the owner is undertaking work on his own property and the work is of one of the types listed below: a. Electrical maintenance work to include the repair, maintenance and replacement of existing electrical apparatus, existing lighting fixtures, and existing plugs and switches, but not to include the changing of electrical service or the installation of new breaker panels or wiring. b. Plumbing maintenance work to include the repair, maintenance and replacement of existing potable water piping, existing sanitary waste and vent piping, existing plumbing fixtures, and existing electrical water heaters, but not to include cutting into fuel gas plumbing systems or the installation of gas - fueled water heaters. C. Air conditioning and refrigeration maintenance work to include any work required for the continued normal performance of an environmental air conditioning system, commercial refrigeration system or equipment, or process cooling or heating system. d. Building maintenance work to include the repair and maintenance of sheetrock, doors, siding, and windows of any existing building, but not to include the replacement of sheetrock or any new construction or structural change of an existing building, or repair of any load- bearing or structural element of any building. 9. No contractor registration shall be required for a building permit to be issued to an owner of a one- or two- family dwelling unit for work on carports, outbuildings and other similar structures which do not include any livable area. 10. Any contractor whose registration has been revoked or whose application for contractor registration has been rejected by the building official may appeal to the construction board of adjustment and appeals per Section 113 as follows: a. Written notice of the appeal must be made to the construction board of adjustment and appeals within fourteen calendar days of the date on which the building official served notice of his decision either by certified mail or hand delivery. b. The construction board of adjustment and appeals shall hear the appeal within 30 calendar days from the notice of appeal filed by the contractor. During the pendency of the appeal, contractor shall not perform any additional work. Section 104.3 Bond and insurance requirements. Any person or entity required to be registered as a contractor who seeks to acquire any building permit for a type of work identified in the table below shall first furnish the building official with a compliance bond, a statement of whether or not said contractor maintains general liability insurance, and if so, a copy of the certificate of insurance, as well as proof of any bond and insurance that is required by state law. The aforementioned documents will be publicly available in response to a citizen inquiry. Type of work Bond Residential roofing $25,000 Siding $25,000 Residential $50,000 Residential /commercial $25,000 remodel or renovation under $50,000 General contractor $100,000 Sign contractor $0 House movers $0 Demolition contractor $0 Excavation, paving or $25,000 swimming pool work 104.3.1 Bond standards. All compliance bonds shall be issued by a surety agency authorized to do business in the State of Texas. All sureties on said bond shall be liable for any breach by the principal, and his agents and employees of any and all applicable laws, ordinances and regulations of the City of Wichita Falls and the State of Texas; to the owner of the property upon which work is performed; to any person or entity with whom the principal has contracted either orally or in writing to perform building construction, alteration, repair or other work; and to any person who may be damaged or injured by the principal's failure to comply with the laws, ordinances and regulations of the City of Wichita Falls or the State of Texas. A claim upon said bond may be made by any person damaged by reason of the principal's failure to perform his obligations under the laws, ordinances and regulations of the City of Wichita Falls or the State of Texas. Suspension or revocation of any registration or permit shall not limit the liability of either the principal or the surety on any such bond. SECTION 105 PERMITS 105.1 Required. Any contractor, owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by the technical codes, or to cause any such work to be done, shall first obtain a permit from the building official. 105.2 Work exempt from permit. Exemptions from permit requirements of the technical codes shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of the technical codes or any other applicable laws. Permits shall not be required for the following: Electrical work involving the repair or replacement of existing electrical apparatus, existing lighting fixtures and existing plugs and switches, but not to include the changing of electrical service or the installation of new breaker panels or wiring. 2. The clearing of stoppages and the repairing of leaks in drains or water, soil, waste or vent pipes, but not to include the removal and replacement with new material of any concealed trap, drainpipe, or water, soil, waste or vent pipe. 3. The clearing of stoppages and the repairing of leaks in plumbing valves and fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the rearrangement of valves, pipes or fixtures. 4. Mechanical work involving the following: a. Portable hearing appliances. b. Portable ventilation appliances. C. Portable cooling units. d. Steam, hot or chilled water piping within any heating or cooling equipment or appliances regulated by the 2009 International Mechanical Code. e. Replacement of any minor part that does not alter approval of equipment, modify the equipment's compliance with any applicable law, or make such equipment unsafe. f. Portable evaporative coolers; g. Self- contained refrigeration systems that contain 10 pounds (4.5 kg) or less of refrigerant, or that are actuated by motors of 1 horsepower (0.75 kW) or less; and h. Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. 5. Gas work involving any portable heating, cooking or clothes -drying appliances. 6. Building work involving the following activities: a. Minor repair of damaged sheetrock, not to include areas of required means of egress, rated walls or removal of sheetrock due to damage from water, mold, fire or termites. b. Replacement of any existing door, door casing or door hardware. C. Repair of damaged siding, fascia or soffit when the repaired area does not exceed ten percent of the total area of the structure's siding and is not repair due to damage caused by water, mold, fire or termites. d. Repair of torn shingles or roof patching when no "tear -off' is required and when the area to be repaired is no more than 25 percent of the total surface area of the roof. e. Work on cabinets, countertops and similar finish work. f. Painting, carpeting, and similar cosmetic work. g. Work on playground equipment accessory to a one- or two- family dwelling. h. Work on sidewalks and drives not more than 30 inches above adjacent grade and not over any basement or story below, but not to include sidewalks or drives in the city right -of -way. Installation, repair or replacement of fences not over six feet high. j. Work on retaining walls that are not over four feet in height measured from the bottom of the footing to the top of the wall. k. Work on a prefabricated swimming pool accessory to a Group R -3 occupancy when the pool is less than 24 inches deep, does not exceed 5000 gallons and is installed entirely above ground. Work on window awnings supported by the exterior wall of a Group R -3 or U occupancy when the awnings do not project more that 54 inches from the exterior wall and do not require additional support. 105.2.1 Emergency repairs. Where equipment replacements and repairs must be performed in an emergency situation, a permit application shall be submitted to the building official on the next working business day. 105.2.2 Repairs. Application or notice to the building official is not required for ordinary repairs to structures, replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles, provided such repairs do not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load- bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety. 105.2.3 Public utilities. A permit shall not be required for the installation, alteration or repair of generation, transmission, distribution or metering or other related equipment that is under the ownership and control of public utilities by established right. 105.3 Application for permit. To obtain a permit, the applicant shall first file an application with the building official. Such application shall: 1. Identify and describe the work to be covered by the permit for which application is made. 2. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work. 3. Indicate the use and occupancy for which the proposed work is intended. 4. Be accompanied by construction documents and other information as required in Section 107. 5. State the valuation of the proposed work. 6. Be signed by the applicant, or the applicant's authorized agent. 7. Give such other data and information as required by the building official. 105.3.1 Action on application. The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the building official shall reject such application in writing, stating the reasons therefor. If the building official is satisfied that the proposed work conforms to the requirements of the technical codes and laws and ordinances applicable thereto, the building official shall issue a permit therefor as soon as practicable. 105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated. 105.4 Validity of permit. The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of the technical codes or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of the technical codes or other ordinances of the jurisdiction shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the building official from requiring the correction of errors in the construction documents and other data. The building official is also authorized to prevent occupancy or use of a structure where in violation of this code or of any other ordinances of this jurisdiction. 105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. 105.6 Suspension or revocation. The building official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any of the provisions of this code. 105.7 Placement of permit. All permits or copies thereof shall be kept on the site of the work until the completion of the project. 105.8 Preliminary inspection. Before issuing a permit, the building official is authorized to examine or cause to be examined any buildings, structures and sites for which an application has been filed. 105.9 Restoration permit. A restoration permit may be issued for buildings of structures at the order of the City Council under Section 22 -605 of the Code of Ordinances of the City of Wichita Falls. Such permit will be issued with requirements and deadlines as established by the City Council in an order it shall issue in accordance with Section 22 -605. SECTION 106 FLOOR AND ROOF DESIGN LOADS 106.1 Live loads posted. Where the live load for which each floor or portion thereof of a commercial or industrial building is or has been designed to exceed 50 psf (2.40 kN /m2), such design live loads shall be conspicuously posted by the owner in that part of each story in which they apply, using durable signs. It shall be unlawful to remove or deface such notices. 106.2 Issuance of certificate of occupancy. A certificate of occupancy required by Section 111 shall not be issued until the floor load signs, required by Section 106.1, have been installed. 106.3 Restrictions on loading. It shall be unlawful to place, or cause or permit to be placed, on any floor or roof of a building, structure or portion thereof, a load greater than is permitted by this code. SECTION 107 SUBMITTAL DOCUMENTS 107.1 General. Submittal documents consisting of construction documents, statement of special inspections, geotechnical report and other data shall be submitted in one or more sets with each permit application. The construction documents shall be prepared and sealed with an official seal by an architect or engineer legally registered under the laws of the State of Texas regulating the practice of architecture or engineering when the permit application concerns the following: A Group A (Assembly), Group E (Education) or Group I (Institutional) occupancy of 2,500 square feet or more in area; 2. A building or structure of three or more stories; or 3. A building or structure of 5,000 square feet or more in area. 107.1.1 Regarding registered design professional. If the building official determines the preparation of the construction documents for any permit application necessitates the "practice of engineering" as defined by the Texas Occupations Code, then the construction documents or the part thereof that constitutes the "practice of engineering" must be sealed by a Texas - licensed engineer. For all other permit applications, the submittal shall bear the certification of the applicant that state law permits its preparation by a person not legally registered as an architect or engineer under the laws of the State of Texas regulating the practice of architecture or engineering, except that construction documents for a permit application concerning a Group R -3 building or structure, regardless of size, shall require neither a registered architect or engineer nor a certification that an architect or engineer is not required. 107.1.2 Exception. The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered architect or engineer by this code or applicable state law if the permit application demonstrates that the nature of the work is such that a review of the construction documents by the building official is not necessary to obtain compliance with the technical codes. 107.2 Construction documents. Construction documents shall be in accordance with Sections 107.2.1 through 107.2.5. 107.2.1 Information on construction documents. Construction documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permitted to be submitted when approved by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the building official. 107.2.2 Fire protection system shop drawings. Shop drawings for the fire protection system(s) shall be submitted to indicate conformance to this code and the construction documents and shall be approved prior to the start of system installation. Shop drawings shall contain all information as required by the referenced installation standards in Chapter 9. 107.2.3 Means of egress. The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress in compliance with the provisions of this code. In other than occupancies in Groups R -2, R -3, and 1 -1, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces. 107.2.4 Exterior wall envelope. Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with this code. The construction documents shall provide details of the exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves or parapets, means of drainage, water - resistive membrane and details around openings. The construction documents shall include manufacturer's installation instructions that provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall system which was tested, where applicable, as well as the test procedure used. 107.2.5 Site plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades and, as applicable, flood hazard areas, floodways, and design flood elevations; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted. 107.3 Examination of documents. The building official shall examine or cause to be examined the accompanying submittal documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances. 107.3.1 Approval of construction documents. When the building official issues a permit, the construction documents shall be approved, in writing or by stamp, as "Reviewed for Code Compliance." One set of construction documents so reviewed shall be retained by the building official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized representative. 107.3.2 Previous approvals. This code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within 180 days after the effective date of this code and has not been abandoned. 107.3.3 Phased approval. The building official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of this code. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a permit for the entire structure will be granted. 107.3.4 Design professional in responsible charge. 107.3.4.1 General. When it is required that documents be prepared by a registered design professional, the building official shall be authorized to require the owner to engage and designate on the building permit application a registered design professional who shall act as the registered design professional in responsible charge. If the circumstances require, the owner shall designate a substitute registered design professional in responsible charge who shall perform the duties required of the original registered design professional in responsible charge. The building official shall be notified in writing by the owner if the registered design professional in responsible charge is changed or is unable to continue to perform the duties. The registered design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building. 107.3.4.2 Deferred submittals. For the purposes of this section, deferred submittals are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the building official within a specified period. Deferral of any submittal items shall have the prior approval of the building official. The registered design professional in responsible charge shall list the deferred submittals on the construction documents for review by the building official. Documents for deferred submittal items shall be submitted to the registered design professional in responsible charge who shall review them and forward them to the building official with a notation indicating that the deferred submittal documents have been reviewed and found to be in general conformance to the design of the building. The deferred submittal items shall not be installed until the deferred submittal documents have been approved by the building official. 107.4 Amended construction documents. Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents. 107.5 Retention of construction documents. One set of approved construction documents shall be retained by the building official for a period of not less than 180 days from date of completion of the permitted work, or as required by state or local laws. SECTION 108 TEMPORARY EQUIPMENT, STRUCTURES AND USES 108.1 General. The building official is authorized to issue a permit for temporary equipment, structures, systems and uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The building official is authorized to grant extensions for demonstrated cause. 108.2 Conformance. Temporary equipment, structures, systems and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation and sanitary requirements of this code as necessary to ensure public health, safety and general welfare. 108.3 Temporary utilities. The building official is authorized to give permission to temporarily supply utilities before an installation has been fully completed and the final certificate of completion has been issued. The part covered by the temporary certificate shall comply with the requirements specified for temporary utilities in the technical codes and in NFPA 70. 108.4 Termination of approval. The building official is authorized to terminate such permit for temporary equipment, structures, systems or uses and to order the temporary equipment, structure, system or use to be discontinued. SECTION 109 FEES 109.1 Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid. 109.2 Schedule of permit fees. The fees for work shall be as indicated in the schedule located in the Code of Ordinances. 109.3 Building permit valuations. The applicant for a permit shall provide an estimated permit value at time of application. Permit valuations shall include total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems. If, in the opinion of the building official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the building official. Final building permit valuation shall be set by the building official. 109.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee established by the building official that shall be in addition to the required permit fees. 109.5 Related fees. The payment of the fee for the construction, alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law. 109.6 Refunds. The building official is authorized to establish a refund policy. SECTION 110 INSPECTIONS 110.1 General. Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. 110.2 Preliminary inspection. Before issuing a permit, the building official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed. 110.3 Required inspections. The building official, upon notification, shall make the inspections set forth in Sections 110.3.1 through 110.3.10. 110.3.1 Footing and foundation inspection. Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection. Materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with ASTM C 94, the concrete need not be on the job. 110.3.2 Concrete slab and under -floor inspection. Concrete slab and under -floor inspections shall be made after in -slab or under- floor reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor. 110. 3.3 Lowest floor elevation. In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the elevation certification required in Chapter 54 of the Code of Ordinances shall be submitted to the building official. 110.3.4 Frame inspection. Framing inspections shall be made after the roof deck or sheathing, all framing, fireblocking and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough electrical, plumbing, heating wires, pipes and ducts are approved. 110.3.5 Lath and gypsum board inspection. Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or gypsum board joints and fasteners are taped and finished. Exception: Gypsum board that is not part of a fire - resistance -rated assembly or a shear assembly. 110.3.6 Fire- and smoke - resistant penetrations. Protection of joints and penetrations in fire - resistance -rated assemblies, smoke barriers and smoke partitions shall not be concealed from view until inspected and approved. 110.3.7 Energy efficiency inspections. Inspections shall be made to determine compliance with Chapter 13 and shall include, but not be limited to, inspections for: envelope insulation R- and U- values, fenestration U- value, duct system R - value, and HVAC and water - heating equipment efficiency. 110.3.8 Plumbing inspections. The building official, upon notification from the permit holder or the permit holder's agent, shall make the following plumbing inspections: 1. Underground inspection shall be made after trenches or ditches are excavated and bedded, piping installed, and before any backfill is put in place. 2. Rough -in inspection shall be made after the roof, framing, fireblocking, firestopping, draftstopping and bracing is in place and all sanitary, storm and water distribution piping is roughed -in, and prior to the installation of wall or ceiling membranes. 3. Final inspection shall be made after the building is complete, all plumbing fixtures are in place and properly connected, and the structure is ready for occupancy. 110.3.9. Mechanical inspections. The building official, upon notification from the permit holder or the permit holder's agent, shall make the following mechanical systems inspections: Underground inspection shall be made after trenches or ditches are excavated and bedded, piping installed, and before backfill is put in place. When excavated soil contains rocks, broken concrete, frozen chunks and other rubble that would damage and break the piping or cause corrosive action, clean backfill shall be on the job site. 2. Rough -in inspection shall be made after the roof, framing, fireblocking and bracing are in place and all ducting and other components to be concealed are complete, and prior to the installation of wall or ceiling membranes. 3. Final inspection shall be made upon completion of the mechanical system. 110.3.9.1 Inspections involving ground- source heat pump loop systems. Ground - source heat pump loop systems tested in accordance with Section 1208.1.1 of the 2009 International Mechanical Code shall be permitted to be backfilled prior to inspection. 110.3.9.2 Replacement of heating equipment or appliances. The requirements of Sections 110.3.9 and 110.3.9.1 shall not be considered to prohibit the operation of any heating equipment or appliances installed to replace existing heating equipment or appliances serving an occupied portion of a structure provided that a request for inspection of such heating equipment or appliances has been filed with the building official not more than 48 hours after such replacement work is completed, and before any portion of such equipment or appliances is concealed by any permanent portion of the structure. 110.3.10 Evaluation and follow -up inspection services. Prior to the approval of a prefabricated system or construction assembly and the issuance of an applicable permit, the building official shall require the submittal of an evaluation report on each prefabricated system or assembly indicating the complete details of the system, including a description of the system and its components, the basis upon which the system is being evaluated, test results and similar information, and other data as necessary for the building official to determine conformance to this code. 110.3.10.1 Evaluation service. The building official shall designate the evaluation service of an approved agency as the evaluation agency, and review such agency's evaluation report for adequacy and conformance to this code. 110.3.10.2 Follow -up inspection. Except where ready access is provided to all systems, service equipment and accessories for complete inspection at the site without disassembly or dismantling, the building official shall conduct the frequency of in -plant inspections necessary to ensure conformance to the approved evaluation report or shall designate an independent, approved inspection agency to conduct such inspections. The inspection agency shall furnish the building official with the follow -up inspection manual and a report of inspections upon request, and the system or construction assembly shall have an identifying label permanently affixed to the system indicating that factory inspections have been performed. 110.3.10.3 Test and inspection records. All required test and inspection records shall be available to the building official at all times during the fabrication of the system or construction assembly and the erection of the building, or such records as the building official designates shall be filed. 110.3.11 Special inspections. Special inspections of alternative engineered design plumbing systems shall be conducted in accordance with Sections 110.3.11.1 and 110.3.11.2. 110.3.11.1 Periodic inspection. The registered design professional or designated inspector shall periodically inspect and observe the alternative engineered design to determine that the installation is in accordance with the approved construction documents. All discrepancies shall be brought to the immediate attention of the plumbing contractor for correction. Records shall be kept of all inspections. 110.3.11.2 Written report. The registered design professional shall submit a final report in writing to the building official upon completion of the installation, certifying that the alternative engineered design conforms to the approved construction documents. A notice of approval for the plumbing system shall not be issued until a written certification has been submitted. 110. 3.12 Testing. Fuel gas, mechanical and plumbing work and systems shall be tested in accordance with and as required by the technical codes. Tests shall be made by the permit holder and observed by the building official. 110.3.12.1 New, altered, extended or repaired systems. New fuel gas, mechanical, electrical and plumbing systems and parts of existing systems that have been altered, extended or repaired shall be tested as prescribed herein to disclose leaks and defects, except that testing is not required in the following cases: 1. In any case involving a plumbing system that does not include addition to, replacement, alteration or relocation of any water supply, drainage or vent piping. 2. In any case where plumbing equipment is set up temporarily for exhibition purposes. 110.3.12.2 Equipment, material and labor for tests. All equipment, material and labor required for testing a fuel gas, mechanical or plumbing system or part thereof shall be furnished by the permit holder. 110.3.12.3 Reinspection and testing. Where any work or installation does not pass any initial test or inspection, the necessary corrections shall be made to comply with this code. The work or installation shall then be resubmitted to the building official for inspection and testing. 110.3.13 Other inspections. In addition to the inspections specified above, the building official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws that are enforced by the building and code administration division. 110.3.14 Special inspections. For special inspections, see Section 1704. 110.3.15 Final inspection. The final inspection shall be made after all work required by the building permit is completed. 110.4 Inspection agencies. The building official is authorized to accept reports of approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability. 110.5 Inspection requests. It shall be the duty of the holder of the building permit or their duly authorized agent to notify the building official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code. 110.6 Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the building official. 110.7 Revocation. The building official is authorized to, in writing, suspend or revoke a notice of approval issued under the provisions of the technical codes wherever the notice is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure, premise or portion thereof is in violation of any ordinance or regulation or any of the provisions of the technical codes. SECTION 111 CERTIFICATE OF OCCUPANCY 111.1 Use and occupancy. No building, structure, altered area of a building or relocated building shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made, until the building official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Exception: Certificates of occupancy are not required for work exempt from permits under Section 105.2. 111.2 Certificate issued. After the building official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the building and code administration division, the building official shall issue a certificate of occupancy that contains the following: The building permit number. 2. The address of the structure. 3. The name and address of the owner. 4. A description of that portion of the structure for which the certificate is issued. 5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified. 6. The name of the building official. 7. The edition of the code under which the permit was issued. 8. The use and occupancy, in accordance with the provisions of Chapter 3. 9. The type of construction as defined in Chapter 6. 10. The design occupant load. 11. If an automatic sprinkler system is provided, whether the sprinkler system is required. 12. Any special stipulations and conditions of the building permit. 111.3 Temporary occupancy. The building official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The building official shall set a time period during which the temporary certificate of occupancy is valid. 111.4 Revocation. The building official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of this code wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code. SECTION 112 SERVICE UTILITIES 112.1 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel, power, water system or sewer system to any building or system that is regulated by the technical codes for which a permit is required, until released by the building official. 112.2 Temporary connection. The building official shall have the authority to authorize the temporary connection of the building or system to the utility, source of energy, fuel power, water system or sewer system for the purpose of testing or for use under a temporary certificate of occupancy. 112.3 Authority to disconnect service utilities. The building official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by the technical codes in case of emergency where necessary to eliminate an immediate hazard to life or property or when such utility connection has been made without the approval of the building official. The building official shall notify the serving utility, and wherever possible the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter. SECTION 113 CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS 113.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official or the fire marshal relative to the application and interpretation of the technical codes or the fire code, there shall be a construction board of adjustment and appeals which shall consist of eleven regular members and two alternate members. The board shall be appointed by the City Council and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business. 113.2 Limitations on authority. A person shall have the right to appeal any decision of the building official or the fire marshal to the construction board of adjustment and appeals. An application for appeal shall be based on a claim that the true intent of the technical codes or the fire code or a rule adopted thereunder has been incorrectly interpreted, that the provisions of the technical codes or the fire code do not fully apply, or that an equally good or better form of construction is proposed. The board shall have no authority to waive requirements of the technical codes or the fire code. 113.3 Qualifications. The construction board of adjustment and appeals shall be composed of one general building contractor, one mechanical engineer, one structural engineer, one architect, one person representing the home building industry, one plumbing contractor, one air conditioning contractor, one electrical contractor, one Master Electrician, one person representing the property insurance industry and one citizen at large not connected with the construction industry. The two alternate members shall consist of one general building contractor and one person representing the home building industry. A board member shall not act in any case where he has a financial interest. The City Council shall have the authority to substitute a member who is qualified by experience and training to pass on matters pertaining to building construction for any of the listed individuals. A current employee of the City shall not sit on the board. 113.4 Terms. Members to the construction board of adjustment and appeals shall be appointed for three -year terms. In no case shall a member serve more than six consecutive years. Board members' terms shall expire on December 31. 113.5 Quorum and voting. Five members of the construction board of adjustment and appeals shall constitute a quorum. In varying any provision of the technical codes or fire code or modifying a decision of the building official or fire marshal, affirmative votes of the majority present, but not less than five affirmative votes, shall be required. In the event that regular members are unable to attend a meeting, the alternate members shall vote. 113.6 Board acting in an advisory capacity. In addition to the duties noted herein, the construction board of adjustment and appeals shall act as an advisory board on matters of technical or fire code requirements, modifications or amendments. The board may hear evidence of any proposals from the building official or fire marshal or other persons and may present opinions of such proposals to the City Council for further action. 113.7 Removal of member for absence. Continued absence of any member from required meetings of the construction board of adjustment and appeals shall, at the discretion of the City Council, render any such member subject to immediate removal from the board. SECTION 114 VIOLATIONS AND PENALTIES 114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by the technical codes, or cause same to be done, in conflict with or in violation of any of the provisions of the technical codes. 114.2 Notice of violation. The building official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of the technical codes, or in violation of a permit or certificate issued under the provisions of the technical codes. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. In cases of immediate danger to life or property, the building official may act to disconnect or otherwise abate an immediately dangerous circumstance without such notice of violation. 114.2.1 Responsibility for enforcement. The building official, the Building and Code Administration Division, the code compliance and code enforcement officers and all other employees of the division shall enforce all city ordinances relating to buildings, electrical, plumbing, mechanical, landscaping and zoning. No personal shall interfere in any manner with or give false information to these City employees in the performance of their duties. When a building, structure or system is maintained in violation of the technical codes and in violation of a notice of violation issued by the building official pursuant to the technical codes, the building official shall institute appropriate action to prevent, restrain, correct or abate the violation. 114.3 Prosecution of violation. If the notice of violation is not complied with promptly, the building official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of the technical codes or of the order or direction made pursuant thereto. 114.4 Violation penalties. Any person who violates a provision of the technical codes or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of the technical codes, shall be guilty of a misdemeanor. Each such person shall be deemed to have committed a separate offense for each and every day during which any violation of any of the provisions of the technical codes is committed or continued, and upon convictions of any such violation, such person shall be punished by a fine as provided in Section 1 -14 of the Code of Ordinances of the City of Wichita Falls. 114.5 Unsafe condition as nuisance. Any condition, system or circumstance regulated by the technical codes that is unsafe or that constitutes a fire or health hazard, unsanitary condition, or is otherwise dangerous to human life is hereby declared unsafe. Any use of a system regulated by the technical codes constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is hereby declared an unsafe use. Any such unsafe system is hereby declared to be a public nuisance and shall be abated by repair, rehabilitation, demolition or removal. 114.6 Authority to order disconnection of energy sources. The building official shall have the authority to order disconnection of energy sources supplied to a building, structure or system regulated by the technical codes when it is determined that a system or any portion thereof utilizing such energy sources has become hazardous or unsafe. Written notice of such order to disconnect service and the causes therefore shall be given within 24 hours to the owner and occupant of such building, structure or premises, provided, however, that in cases of immediate danger to life or property, such disconnection shall be made immediately without such notice. Where energy sources are provided by a public utility, the building official shall immediately notify the serving utility in writing of the issuance of such order to disconnect. 114.7 Connection after order to disconnect. A person shall not make energy source connections to systems regulated by the technical codes which have been disconnected or ordered to be disconnected by the building official, or the use of which has been ordered to be discontinued by the building official until the building official authorizes the reconnection and use of such systems. SECTION 115 STOP WORK ORDER 115.1 Authority to stop work. Whenever the building official finds any work regulated by the technical codes being performed in a manner either contrary to the provisions of the technical codes or dangerous or unsafe, the building official is authorized to issue a stop work order. Such order shall be in writing and shall be given to the owner of the property, or to the owner's agent or to the person doing the work, or shall be posted on the property. The order shall state the conditions under which work is authorized to resume. When an emergency exists, the building official shall not be required to give a written notice prior to stopping the work. 115.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner's agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume. 115.3 Unlawful continuance. It shall be unlawful for any person to continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition. SECTION 116 DANGEROUS BUILDING OR STRUCTURES 116.1 Regulation of dangerous buildings or structures. Dangerous buildings or structures shall be regulated by Article VIII of Chapter 22 of the Code of Ordinances. SECTION 117 EMERGENCY MEASURES 117.1 Imminent danger. When, in the opinion of the building official, there is imminent danger of failure or collapse of a building that endangers life, or when any building or part of a building has fallen and life is endangered by the occupation of the building, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors, or the presence of toxic fumes, gases, or materials, or operation of defective or dangerous equipment, the building official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The building official shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure is Unsafe and Its Occupancy Has Been Prohibited by the Building Official." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making required repairs, removing the hazardous condition, or of demolishing the same. 117.2 Temporary safeguards. Notwithstanding other provisions of the technical codes, whenever, in the opinion of the building official, there is imminent danger due to an unsafe condition, the building official shall order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedures herein described have been instituted; and shall cause such other action to be taken as the building official deems necessary to meet such emergency. 117.3 Closing streets. When necessary for public safety, the building official shall temporarily close structures and close or order the police department to close sidewalks, streets, public ways, and places adjacent to unsafe structures, and prohibit the same from being utilized. 117.4 Emergency repairs. For the purposes of this section, the building official shall employ the necessary labor and materials to perform the required work as expeditiously as possible. 117.5 Costs of emergency repairs. Costs incurred in the performance of emergency work shall be paid by the City, and the Legal Department shall institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs. SECTION 118 CARE TO OTHER STRUCTURES AND SITES DUE UPON REMOVAL 118.1 Foundations of adjacent structures. Whenever a building or structure is removed, the site shall be left in such condition so as to prevent the accumulation of water that may undermine foundations of adjacent buildings of structures. 118.2 Party walls. Whenever a building or structure on one side of a party wall or adjacent wall is removed, the remaining party wall or adjacent wall shall be left in a safe, weatherproof condition. Permanent bracing or other repairs shall be provided as necessary whenever the building official determines that the stability of the remaining wall is affected. Open beam holes or other openings between the top wall and roof shall be closed in such manner as to make the remaining building closed to the effects of weather. All such repairs, stabilizing and weatherproofing must be done in a manner approved by the building official, and all work will be done at the expense of the person who removes the building or structures. After repairs are completed and approved, continued maintenance of the remaining wall will become the responsibility of the person who owns the remaining building. After a building or structure is removed, the owner of the remaining building shall be allowed access to the adjacent property for the purpose of maintenance of the remaining wall. Sec. 22 -27. Changes, deletions and amendments. The following changes, deletions and amendments are made to the specified sections in the 2009 International Building Code adopted in Section 22 -26. Where an adopted section of the 2009 International Building Code has not been changed, deleted, or amended by this ordinance, it is adopted as worded in the 2009 International Building Code. Except where noted as deleted or amended, all definitions in the 2009 International Building Code Section 202 are adopted as written. SECTION 202 DEFINITIONS HISTORIC BUILDINGS. Buildings that were constructed prior to 1945, that are listed in or eligible for listing in the National Register of Historic Places, or that are designated as historic under an appropriate state or local law (see Sections 3409 and 3411.9). 705.5 Fire - resistance ratings. Exterior walls shall be fire - resistance rated in accordance with Tables 601 and 602 and this section. The required fire - resistance rating of exterior walls with a fire separation distance of greater than 5 feet (1524 mm) shall be rated for exposure to fire from the inside. The required fire - resistance rating of exterior walls with a fire separation distance of less than or equal to 5 feet (1524 mm) shall be rated for exposure to fire from both sides. 1612.1 General. The applicable provisions of Chapter 54 of the Code of Ordinances shall govern flood loads. DELETED: The following sections are deleted: 423.1 423.1.1 423.2 1612.2 1612.3 1612.3.1 1612.3.2 1612.4, and 1612.5 2. 2009 International Plumbing Code Sections 22 -481 and 22 -482 of the Code of Ordinances of the City of Wichita Falls are amended to read as follows: Sec. 22 -481. Adopted. The following portions of the 2009 International Plumbing Code, published by the International Code Council, are adopted by reference as though they were copied fully in this section: Chapters 2 -13, and Appendices B through G. Sec. 22 -482. Changes, deletions and amendments. The following changes, deletions and amendments are made to the specified sections in the 2009 International Plumbing Code adopted in Section 22 -481. Where an adopted section of the 2009 International Plumbing Code has not been changed, deleted, or amended by this ordinance, it is adopted as worded in the 2009 International Plumbing Code. 312.2 Drainage and vent water test. A water test shall be applied to the drainage system either in its entirety or in sections. If applied to the entire system, all openings in the piping shall be tightly closed, except the highest opening, and the system shall be filled with water to the point of overflow. If the system is tested in sections, each opening shall be tightly plugged except the highest openings of the section under test, and each section shall be filled with water, but no section shall be tested with less than a 5 -foot head of water. In testing successive sections, at least the upper 10 feet (3048 mm) of the next preceding section shall be tested so that no joint or pipe in the building, except the uppermost 10 feet (3048 mm) of the system, shall have been submitted to a test of less than a 10 -foot (3048 mm) head of water. This pressure shall be held for at least 15 minutes. The system shall then be tight at all points. Drainage lines outside the building shall be exempt from this test unless covered by concrete or asphalt. 312.9 Shower liner test. Where shower floors and receptors are made water -tight by the application of materials required by Section 417.5.2, the completed liner installation shall be tested as required by the building official. The pipe from the shower drain shall be plugged water tight for the test. The floor and receptor area shall be filled with potable water to a depth of not less than 2 inches (51 mm) measured at the threshold. Where a threshold of at least 2 inches (51 mm) high does not exist, a temporary threshold shall be constructed to retain the test water in the lined floor or receptor area to a level not less than 2 inches (51 mm) deep measured at the threshold. The water shall be retained for a test period of not less than 15 minutes, and there shall not be evidence of leakage. 312.10 Inspection and testing of backflow prevention assemblies. 1. The installation of all devices used for the prevention of backflow or back siphonage shall meet the requirements of International Plumbing Code Table 608.1. Devices installed in a potable water supply for protection against backflow shall be maintained in an operable condition by the property owner or other person having control of such devices. The building official shall require periodic testing of such devices and, when found to be inoperative or defective, shall require that such devices be repaired or replaced. 2. All backflow prevention devices shall be tested in accordance with manufacturer's recommended performance standards. Testing shall be conducted at the time of installation, then every five years thereafter. If the device is repaired or relocated, testing of the device shall be conducted at the time of repair or relocation, and every five years of service thereafter. Backflow devices used in hazardous applications shall be tested annually. 314.2.3. Auxiliary and secondary drain systems. In addition to the requirements of Section 314.2.1, where damage to any building components could occur as a result of overflow from the equipment primary condensate removal system, one of the following auxiliary protection methods shall be provided for each cooling coil or fuel -fired appliance that produces condensate: 1. An auxiliary drain pan with a separate drain shall be provided under the coils on which condensation will occur. The auxiliary pan drain shall discharge to a conspicuous point of disposal to alert occupants in the event of a stoppage of the primary drain. The pan shall have a minimum depth of 1 Y2 inches (38 mm), shall not be less than 3 inches (76 mm) larger than the unit or the coil dimensions in width and length and shall be constructed of corrosion - resistant material. Galvanized sheet metal pans shall have a minimum thickness of not less than 0.0236 -inch (0.6010 mm) (No. 24 gauge) galvanized sheet metal. Nonmetallic pans shall have a minimum thickness of not less than 0.0625 inch (1.6 mm). 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. 3. An auxiliary drain pan without a separate drain line shall be provided under the coils on which condensate will occur. Such pan shall be equipped with a water -level detection device conforming to UL 508 that will shut off the equipment served prior to overflow of the pan. The auxiliary drain pan shall be constructed in accordance with Item 1 of this section. 413.3. Commercial food waste grinder waste outlets. Commercial food waste grinders shall be connected to a drain not less than 1Y2 inches (38 mm) in diameter. Commercial food waste grinders shall be connected and trapped separately from any other fixtures or sink compartments and shall have a reduced pressure principle backflow preventer. 504.7 Required pan. Where water heaters or hot water storage tanks are installed in locations where leakage of the tanks or connections will cause damage, the tank or water heater shall be installed in a galvanized steel pan having a material thickness of not less than 0.0236 inch (0.6010 mm) (No. 24 gauge), or other pans approved for such use. If an existing installation is being replaced and does not include a pan, a pan need not be installed for the replacement water heater or hot water storage tank where the building official determines that a drain is not readily accessible. 504.7.1 Pan size and drain. The pan shall not be less than 1 Y2 inches (38 mm) deep and shall be of sufficient size and shape to receive all dripping or condensate from the tank or water heater. The pan shall be drained by an indirect waste pipe having a minimum diameter of 3/ inch (19 mm). Piping for safety pan drains shall be of schedule 40 PVC or those materials listed in Table 605.4. 504.7.3 Water detection device. A water detection device with alarm shall be installed in drain pans when the pan does not conform to Section 504.7.2. 608.7 Water Supply Control. An accessible one - fourth turn ball valve shall be installed outside, near the entrance of the water service pipe to the building or structure. The valve shall be a full port bronze one -fourth turn ball valve, 400 WOG (nonshock), 125 psi saturated stream. It shall be located and accessible in a valve box with a readily removable access cover which extends to grade level. 608.7.1 Valves and outlets prohibited below grade. Potable water outlets and combination stop- and -waste valves shall not be installed underground or below grade. Freezeproof yard hydrants that drain the riser into the ground are considered to be stop- and -waste valves. Exception: Freezeproof yard hydrants that drain the riser into the ground shall be permitted to be installed, provided that the potable water supply to such hydrants is protected upstream of the hydrants in accordance with Section 608 and the hydrants are permanently identified as nonpotable outlets by approved signage that reads as follows: "Caution, Nonpotable Water. Do Not Drink." 708.3.4 Base of stack. Accessible cleanouts shall be provided near the base of each vertical waste or soil stack. Alternatively, such cleanouts shall be installed outside the building within 3 feet (914 mm) of the building wall. 1002.4 Trap seals. Each fixture trap shall have a liquid seal of not less than 2 inches (51 mm) and not more than 4 inches (102 mm), or deeper for special designs relating to accessible fixtures. Where a trap seal is subject to loss by evaporation, a tFap- -deep -seal trap consisting of a 4 -inch (102 mm) seal valve shall be installed. DELETED: The following sections are deleted: 312.6 312.7, 312.10.1, and 312.10.2 3. 2009 International Mechanical Code Sections 22 -511 and 22 -512 of the Code of Ordinances of the City of Wichita Falls are amended to read as follows: Sec. 22 -511. Adopted. The following portions of the 2009 International Mechanical Code, published by the International Code Council, are adopted by reference as though they were copied fully in this section: Chapters 2 -15. Sec. 22 -512. Changes, deletions and amendments. The following changes, deletions and amendments are made to the specified sections in the 2009 International Mechanical Code adopted in Section 22 -511. Where an adopted section of the 2009 International Mechanical Code has not been changed, deleted, or amended by this ordinance, it is adopted as worded in the 2009 International Mechanical Code. Section 307.2.3. Auxiliary and secondary drain systems. In addition to the requirements of Section 307.2.1, where damage to any building components could occur as a result of overflow from the equipment primary condensate removal system, one of the following auxiliary protection methods shall be provided for each cooling coil or fuel -fired appliance that produces condensate: 1. An auxiliary drain pan with a separate drain shall be provided under the coils on which condensation will occur. The auxiliary pan drain shall discharge to a conspicuous point of disposal to alert occupants in the event of a stoppage of the primary drain. The pan shall have a minimum depth of 1 'h inches (38 mm), shall not be less than 3 inches (76 mm) larger than the unit or the coil dimensions in width and length and shall be constructed of corrosion - resistant material. Galvanized sheet steel pans shall have a minimum thickness of not less than 0.0236 inch (0.6010 mm) (No. 24 gauge). Nonmetallic pans shall have a minimum thickness of not less than 0.0625 inch (1.6 mm). 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. 3. An auxiliary drain pan without a separate drain line shall be provided under the coils on which condensate will occur. Such pan shall be equipped with a water -level detection device conforming to UL 508 that will shut off the equipment served prior to overflow of the pan. The auxiliary drain pan shall be constructed in accordance with Item 1 of this section. 4. 2009 International Fuel Gas Code Sections 22 -571 and 22 -572 of the Code of Ordinances of the City of Wichita Falls are amended to read as follows: Sec. 22 -571. Adopted. The following portions of the 2009 International Fuel Gas Code, published by the International Code Council, are adopted by reference as though they were copied fully in this section: Chapters 2 -8, and Appendices A, B and C. Sec. 22 -572. Changes, deletions and amendments. The following changes, deletions and amendments are made to the specified sections in the 2009 International Fuel Gas Code adopted in Section 22 -571. Where an adopted section of the 2009 International Fuel Gas Code has not been changed, deleted, or amended by this ordinance, it is adopted as worded in the 2009 International Fuel Gas Code. 304.10 Size of openings. The required size of openings for combustion, ventilation and dilution air shall be the greater of 1 square inch of uninterrupted combustion air per 1000 Btu, or as specified in the manufacturer's recommendation. Section 408.4 Sediment trap. Where a sediment trap is not incorporated as part of the appliance, a sediment trap may be required by the building official to be installed downstream of the appliance shutoff valve as close to the inlet of the appliance as practical. The sediment trap shall be either a tee fitting having a capped nipple of any length installed vertically in the bottommost opening of the tee or other device approved as an effective sediment trap. Illuminating appliances, ranges, clothes dryers and outdoor grills need not be so equipped. DELETED: The following sections are deleted: Section 409.5.3. 5. 2009 International Residential Code for One- and Two - Family Dwellings Sections 22 -700 and 22 -701 of the Code of Ordinances of the City of Wichita Falls are amended to read as follows: Sec. 22 -700. Adopted. The following portions of the 2009 International Residential Code for One- and Two - Family Dwellings, published by the International Code Council, are adopted by reference as though they were copied fully in this section: Chapters 2 -34, and Appendices F, I and J. Sec. 22 -701. Changes, deletions and amendments. The following changes, deletions and amendments are made to the specified sections in the 2009 International Residential Code for One- and Two - Family Dwellings adopted in Section 22 -700. Where an adopted section of the 2009 International Residential Code for One- and Two - Family Dwellings has not been changed, deleted, or amended by this ordinance, it is adopted as worded in the 2009 International Residential Code for One - and Two - Family Dwellings. R305.1 Minimum height. Habitable space, hallways, bathrooms, toilet rooms, laundry rooms and portions of basements containing these spaces shall have a ceiling height of not less than 7 feet (2134 mm). Exceptions: 1. Beams and girders spaced not less than 4 feet (1219 mm) on center may project not more than 6 inches (152 mm) below the required ceiling height. 2. Ceilings in basements without habitable spaces may project to within 6 feet 8 inches (2032 mm) of the finished floor; and beams, girders, ducts or other obstructions may project to within 6 feet 4 inches (1931 mm) of the finished floor. 3. For rooms with sloped ceilings, at least 25 percent of the required floor area of the room must have a ceiling height of at least 7 feet (2134 mm) and no portion of the required floor area may have a ceiling height of less than 4 feet (1524 mm). 4. Bathrooms shall have a minimum ceiling height of 6 feet 8 inches (2032 mm) at the center of the front clearance area for fixtures as shown in Figure R307.1. The ceiling height above fixtures shall be such that the fixture is capable of being used for its intended purpose. A shower or tub equipped with a showerhead shall have a minimum ceiling height of 6 feet 8 inches (2032 mm) above a minimum area 30 inches (762 mm) by 30 inches (762 mm) at the showerhead. R317.1 Location required. Protection of wood and wood based products from decay shall be provided in the following locations by the use of naturally durable wood or wood that is preservative - treated in accordance with AWPA U1 for the species, product, preservative and end use. Preservatives shall be listed in Section 4 of AWPA U1. 1. Wood joists of the bottom of a wood structural floor when closer than 18 inches (457 mm) or wood girders when closer than 12 inches (305 mm) to the exposed ground in crawl spaces or unexcavated area located within the periphery of the building foundation. 2. All wood framing members that rest on concrete or masonry exterior foundation walls and are less than 8 inches (203 mm) from the exposed ground. 3. The ends of wood girders entering exterior masonry or concrete walls having clearances of less than Y2 inch (12.7 mm) on tops, sides and ends. 4. Wood siding, sheathing and wall framing on the exterior of a building having a clearance of less than 6 inches (152 mm) from the ground or less than 2 inches (51 mm) measured vertically from concrete steps, porch slabs, patio slabs, and similar horizontal surfaces exposed to the weather. 5. Wood structural members supporting moisture - permeable floors or roofs that are exposed to the weather, such as concrete or masonry slabs, unless separated from such floors or roofs by an impervious moisture barrier. 6. Wood furring strips or other wood framing members attached directly to the interior of exterior masonry walls or concrete walls below grade except where an approved vapor retarder is applied between the wall and the furring strips or framing members. R703.7.3 Lintels. Masonry veneer shall not support any vertical load other than the dead load of the veneer above. Veneer above openings shall be supported on lintels of noncombustible materials. The lintels shall have a length of bearing not less than 4 inches (102 mm). Steel lintels shall be coated with a rust - inhibitive paint, except for lintels made of corrosion - resistant steel or steel treated with coatings to provide corrosion resistance. Construction of openings shall comply with Section R703.7.3.1. R703.7.3.1. The allowable span shall not exceed the values set forth in Table R703.7.3.1. R905.2.8.3 Sidewall flashing. Flashing against a vertical sidewall shall be required. P3005.2.6 Base of stacks. Accessible cleanouts shall be provided near the base of each vertical waste or soil stack. Alternatively, such cleanouts shall be installed outside the building within 3 feet (914 mm) of the building wall. DELETED: The following sections are deleted: R313 R313.1 R313.1.1 R313.2 R313.2.1 R323 R323.1 R703.7.3.2. N1101.9 N 1103.8.3 N1104.1, and M 1307.3.1 6. 2009 International Existing Building Code Sections 22 -710 and 22 -711 of the Code of Ordinances of the City of Wichita Falls are amended to read as follows: Sec. 22 -710. Adopted. The following portions of the 2009 International Existing Building Code, published by the International Code Council, are adopted by reference as though they were copied fully in this section: Chapters 2 -15, Appendix A, and Resource A. Sec. 22 -711. Changes, deletions and amendments. The following changes, deletions and amendments are made to the specified sections in the 2009 International Existing Building Code adopted in Section 22 -710. Where an adopted section of the 2009 International Existing Building Code has not been changed, deleted, or amended by this ordinance, it is adopted as worded in the 2009 International Existing Building Code. Except where noted as deleted or amended, all definitions in the 2009 International Existing Building Code Section 202 are adopted as written. HISTORIC BUILDING. Any building or structures that was constructed prior to 1945, that is listed in or eligible for listing in the National Register of Historic Places; or that is designated as historic under an appropriate local or state law. 1301.2. Applicability. Structures existing prior to -1945, in which there is work involving additions, alterations, or changes of occupancy, shall be made to conform to the requirements of this chapter or the provisions of Chapters 4 through 12. The provisions of Sections 1301.2.1 through 1301.2.5 shall apply to existing occupancies that will continue to be, or are proposed to be, in Groups A, B, E, F, M, R, and S. These provisions shall not apply to buildings with occupancies in Group H or Group I. 1301.4. Investigation and evaluation. For proposed work covered by this chapter, the building owner shall cause the existing building to be investigated and evaluated by a Registered Fire Protection Engineer in accordance with the provisions of Section 1301.4 through 1301.9. 7. 2009 International Fire Code Sections 50 -61 and 50 -62 of the Code of Ordinances of the City of Wichita Falls are amended to read as follows: Sec. 50-61. Adopted. The following portions of the 2009 International Fire Code, published by the International Code Council, are adopted by reference as though they were copied fully in this section: Chapters 1 -47, and Appendices B, C, D, F, H, and I. Sec. 50 -62. Changes, deletions and amendments. The following changes, deletions and amendments are made to the specified sections in the 2009 International Fire Code adopted in Section 50 -61. Where an adopted section of the 2009 International Fire Code has not been changed, deleted, or amended by this ordinance, it is adopted as worded in the 2009 International Fire Code. 103.1 General. The department of fire prevention is established within the jurisdiction under the direction of the fire code official. The function of the department shall be the implementation, administration and enforcement of the provisions of this code. Any reference in this code to the fire code official shall mean the fire marshal. 105.1.1 Permits required. Permits required by this code shall be obtained from the fire code official. Permit fees, if any, shall be paid prior to issuance of the permit. Issued permits shall be kept on the premises designated therein at all times and shall be readily available for inspection by the fire code official. Where the fire marshal determines that the specific circumstances of any activity do not create a condition potentially hazardous to life, property or public welfare, he shall have the authority to waive the requirement of a permit. 108.1 Board of appeals established. Appeals of orders, decisions or determinations made by the fire code official relative to the application and interpretation of this code shall be appealed to the construction board of adjustment and appeals per Section 113 of the amendments to the 2009 International Building Code. 109.3 Violation penalties. Persons who shall violation a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor. Each such person shall be deemed to have committed a separate offense for each and every day during which any violation of any of the provision of the fire codes is committed or continued, and upon convictions of any such violation, such person shall be punished by a fine as provided in Section 1 -14 of the Code of Ordinances of the City of Wichita Falls. DELETED: The following sections are deleted: 108.2, and 108.3 8. Any code referenced within the 2009 International Codes adopted pursuant to this ordinance, which has not been adopted by the City of Wichita Falls, shall not be considered to be adopted by mere reference in one of said 2009 International Codes and shall not be considered a local ordinance. 9. This ordinance regulates fire safety and public health and sanitation, and shall be punishable by a penalty of up to $2,000 per violation and as provided by Section 1 -14 of the Wichita Falls Code of Ordinances. 10. The City Council intends the provisions of this ordinance to become a part of the Code of Ordinances of the City of Wichita Falls, and sections of this ordinance may be renumbered or relettered to accomplish such intention. PASSED AND APPROVED this the 5th day of July, 2011. MAYOR ATTEST: City Clerk