Loading...
Ord 73-90 10/16/1990 1 ORDINANCE NO. 73-90 AN ORDINANCE AMENDING APPENDIX B, PLUMBING CODE, OF THE OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS; ADOPTING THE STANDARD GAS CODE, 1988 EDITION, AS REVISED IN 1989, WITH CERTAIN AMENDMENTS AND DELETIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. The publication entitled "Standard Gas Code" , 1988 edition, as revised in 1989, a copy of which, authenticated by the signature of the City Clerk, is on file in the City Clerk' s office, is hereby adopted as the Wichita Falls Gas Code, as fully as if copied at length herein. SECTION 2. The following amendments and deletions made in the "Standard Gas Code" as adopted herein: ( 1) There shall be added a Subsection 101. 1 . 2, which shall read as follows: "101. 1. 2 . Whenever the words 'Gas Official' appear, such wording shall be amended to read 'Plumbing Official' . " ( 2 ) There shall be added a Subsection 102.7, which shall read as follows: "102.7. Temporary Gas. Temporary gas service may be given for construction purposes only. No clearance for permanent gas shall be given to any building or premises until a final inspection has been approved by the plumbing inspector and a certificate of occupancy has been issued by the building inspector. " ( 3 ) Section 105 is hereby amended in its entirety to read as follows: "105. Board of Adjustments and Appeals. 105 . 1 . Board Established; Composition. The Plumbing and Mechanical Board of Adjustments and Appeals has been established by Ordinance No. 15-89 and same is hereby incorporated in this Code as follows: • 2 c The Board shall consist of nine ( 9) members. Such Board shall be composed of: One ( 1) Master Plumber One ( 1) Journeyman Plumber Two ( 2) Air Conditioning Contractors One ( 1) Mechanical Engineer One ( 1) Mechanical Contractor One ( 1) Lone Star Gas Company Representative One ( 1) Representative from Home Building Industry One ( 1) Member at large with no direct financial interest in the construction industry 105. 2. Terms of Members. Members shall serve two ( 2) year staggered terms. Terms shall expire on December 31, but each member shall continue to serve until his or her successor is appointed. No member shall serve more than two ( 2) consecutive terms. • 105.3 . Election of Chairman and Co-Chairman; Duration. The Board Chairman and Co-Chairman shall be separately selected by a majority vote of the Board. The Chairman and Co- Chairman shall serve in such capacity for the duration of their appointed term. 105.4. Appeals. The Board is authorized to reverse or modify a refusal, order, or disallowance of the Plumbing and Mechanical Inspector, or vary the application of any provision of the Plumbing Code or Mechanical Code, when properly appealed by any aggrieved party. Appeal to the Board shall be allowed upon the following conditions: 1. Whenever the Plumbing and Mechanical Inspector shall reject or refuse to approve the manner of installation proposed to be followed or materials to be used, 2. Or, when it is claimed that the provisions of the Gas Code, Plumbing Code or Mechanical Code do not apply, 3. Or, that an equally good or more desirable form of construction can be employed in an specific case, 4. Or, when it is claimed that the true intent and meaning of the Code or any of the regulations thereunder have been misconstrued or wrongly interpreted. 3 5. Notice of appeal shall be in writing upon forms provided by the Plumbing and Mechanical Inspector and such appeal shall be filed within thirty ( 30) days after the decision is rendered by the Plumbing and Mechanical Inspector or his designee. 105. 5. Decisions of the Board. 105. 5.1. Variances. A variance of the application of the Gas Code, Plumbing Code or Mechanical Code may be granted by the Board when, in its opinion, the enforcement thereof would do a manifest injustice, and would be contrary to the spirit and purpose of the Gas Code, Plumbing Code, Mechanical Code or public interest, or when in its opinion, the interpretation of the Plumbing and Mechanical Inspector should be modified or reversed. 105.5. 2. Decisions are Final. A decision of the Board to vary the application of any provision of the Gas Code, Mechanical Code or Plumbing Code or to modify an order of the Plumbing and Mechanical Inspector shall specify in what manner such variation or modification is made, the conditions upon which it is made and reasons therefore. Every decision of the Board shall be final, subject, however, to such remedy as an aggrieved party might have at law or in equity. It shall be in writing and shall indicate the vote upon decision. 105.5.3 . Recommendations. In addition to acting on appeals, the Board shall, from time to time, as may be necessary, submit recommendations to the City Council for the adoption of new codes or ordinances. 105.6. Quorum. Five ( 5) members of the Board shall constitute a quorum. In varying any application of the provisions of the Gas Code, Plumbing Code or the Mechanical Code, or in modifying an order of the Plumbing and Mechanical Inspector, affirmative votes of the majority present, but not less than five ( 5) affirmative votes, shall be required. 105.7. Conflict of Interest. A board member shall not act in any case in which he or she has a personal interest. • 4 105.8. Absence of Board Members. Continued absence of any member from regular meetings of the Board shall, at the discretion of the City Council, render any such member liable to immediate removal from office. 105. 9. Records. The Plumbing and Mechanical Inspector or his designee shall act as secretary of the Board and shall make a detailed record for all Board proceedings, which shall set forth the reasons for its decisions, the vote of each member, and any failure of a member to vote. Such written record, so taken in form of Board Minutes, shall be reviewed and approved by the Board at the next regularly scheduled meeting. Such approved minutes, along with any decisions of the Board, shall be submitted to the City Council for acceptance. 105. 10. Procedure. The Board shall establish rules and regulations for its own procedure not inconsistent with the provisions of this Code. The Board shall meet at regular intervals, to be determined by the Chairman, or in any event, the Board shall meet within 10 days after notice of appeal has been received. Every decision shall be promptly filed in writing in the office of the Mechanical Official and shall be open to public inspection. A certified copy shall be sent by mail or otherwise to the appellant and a copy shall be kept publicly posted in the office of the Mechanical Official for two ( 2) weeks after filing. 105. 11. Decisions. The Plumbing and Mechanical Board of Adjustments and Appeals shall, in every case, reach a decision without unreasonable or unnecessary delay. If a decision of the Plumbing and Mechanical Board of Adjustments and Appeals reverses or modifies a refusal, order, or disallowance of the Mechanical Official, or varies the application of any provision of this Code, the Mechanical Official shall immediately take action in accordance with the decision. " (4) Amend Section 106 to read as follows: "106. Severability Clause. If any section, subsection, paragraph, sentence, clause, phrase, word or words of this Code is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Code. It is the intention of the 5 City Council in enactin g this chapter that the provisions are separable, and no provision hereof shall be inoperative or fail by reason of the invalidity of any other provision. " ( 5) There shall be added Section 108, which shall read as follows: "108. Licensing and Bonding of Plumbers. 108. 1. License required. (a) It shall be unlawful for any person, firm or corporation to engage in the practice of gas installation in Wichita Falls without first securing from the State of Texas a proper license issued by the State Board of Plumbing Examiners at Austin, Texas, pursuant to The Plumbing License Law, Vernon' s Ann. Civ. Stat. , Art. 6243-101, as it may be amended from time to time. (b) It shall be unlawful for any person, firm or corporation to represent themselves as a registered and licensed plumber of any class set out in this code, or to use falsely the words, plumbing contractor, journeyman plumber, or plumber, or words of similar import or meaning on signs, cards, stationery, or by other misleading manner whatsoever within the City of Wichita Falls, unless said person, firm or corporation is, in fact, registered and holds a valid license within the meaning of the word used and as provided in this code. (c) No person, firm or corporation shall be able to apply or pay for any inspection fee, permit fee, or excavation fee without presentation of the proper bond and a valid state master plumber' s license." ( 6) There shall be added a Subsection 108.2, which shall read as follows: "108.2. Registration required. Any person, company, firm, partnership or corporation desiring to engage in the business of gas installation within the corporate limits of the City of Wichita Falls, Texas, shall register with the City of Wichita Falls, in the plumbing inspector' s office, the correct name, address and telephone number under which they will be doing business." (7) There shall be added a Subsection 108.3 , which shall read as follows: 6 "108. 3 . Bond Requirements. (a) All persons, firms or corporations, before engaging in the gas installation business, shall execute and deliver to the City of Wichita Falls a surety bond in the sum of Two Thousand ($2,000.00) Dollars, payable to the City of Wichita Falls and executed by a company authorized to do business in the State of Texas. All bonds shall meet the requirements stated herein. (b) Bonds shall be conditioned that all gas work shall be done so that it complies with all the provisions and requirements of this ordinance and other ordinances of the City relating to gas. The bonds shall be further conditioned that the City of Wichita Falls will be fully indemnified against all loss and damage resulting from or in any way growing out of any negligence of the principal, their agents or employees. All bonds shall contain the further provision that the principal will restore, or cause to be restored, in the same manner as before any portion of any street or alley that was in any way disturbed for the purpose of making any connection with any water, sewer or gas pipe in the City. (c) The bond shall be for the use and benefit of the City and any person having a cause of action arising out of the gas work done, by reason of failure to comply with plumbing regulations of the City by the principal. Once the plumbing inspector has disapproved the work, the inspector shall notify the principal of the changes necessary for compliance. Any failure or refusal by the principal to rectify the work so as to make it comply, then after three (3) days from the time notice was given, it shall be the duty of the sureties on the bond to make the required changes. In default of the principal or the sureties on the bond performing the same, the owner or the City for the owner' s benefit, may have recourse against the principal and sureties on the bond. (d) All bonds shall run the calendar year and be renewed on January 1, and no gas work shall be done and no permits issued to any contracting plumber unless they have a bond in force for the ensuing year. " (8) There shall be added a Subsection 108.4, which shall read as follows: "108.4. Enforcement, Legal Procedure and Penalties. It shall be the duty of the Building & Code Administrator or his designee to enforce this ordinance. Any person who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provision of this ordinance shall be guilty of a misdemeanor offense punishable by a fine not 7 less than Fifty ( $50.00) Dollars nor to exceed Five Hundred ($500.00) Dollars. The imposition of one penalty for an violation shall not excuse the violation nor permit it to continue, and each day that the violation is maintained shall constitute a separate offense. The application of such penalty shall not be held to prevent the enforced removal of prohibited conditions. " (9) There shall be added Subsection 108. 5, which shall read as follows: "108. 5. Homeowner. A plumbing permit may be issued to a homeowner to do gas work provided that the person applying for the permit resides at the address to which the permit is issued and he is solely responsible for the completion of that work. " ( 10) There shall be added a Section 109, which shall read as follows: "109. Lettering of Equipment. No person, firm, or corporation shall operate plumbing trucks of any kind in the City of Wichita Falls without the person' s or firm' s name painted in a prominent place on such equipment. " (11) Subsection 306.4.2 is amended to read as follows: "306.4.2. Plastics. Plastic pipe, tubing and fittings shall be joined by heat fusion method, or by means of compression couplings or flanges. The joining method used shall be compatible with the materials being joined. The recommendations of the manufacture shall also be taken into consideration when determining which method is to be used. The following shall be observed when making such joints: 1. Plastic pipe or tubing shall not be threaded. 2. Heat-fusion joints shall be made in accordance with qualified procedures which have been established and proven by test to produce gas-tight joints at least as strong as the pipe or tubing being joined. 3 . Heat-fusion joints shall not be made between different kinds of plastic. 8 1• 4. Heat-fusion or mechanical joints shall be used when joining polyethylene (PE) pipe, tubing or fittings. Joints made with compression couplings shall be assembled in accordance with compression coupling manufacturer' s recommendation. Only compression couplings designed for use with plastic pipe in natural gas service shall be used. 5. Flanges or special joints may be used providing they are properly qualified by the manufacturer and utilized in accordance with manufacturer' s recommendations. Polyethylene (PE) pipe and tubing shall not be flared. Polyvinyl chloride (PVC) pipe and tubing shall not be flared unless recommended by manufacturer and only where flared joints are underground. 6. When compression type mechanical joints are used, the gasket material in the fitting shall be compatible with the plastic piping and with the gas distributed by the gas company. An internal tubular rigid stiffener shall be used in conjunction with the fitting and the stiffener shall be flush with end of the pipe or tubing and extend at least to the outside end of the compression fitting when installed. The stiffener shall be free of rough or sharp edges and shall not be a force fit in the plastic. A split tubular stiffener shall not be used. 7. The joint shall be designed and installed to effectively sustain the longitudinal pull-out forces caused by contraction of the piping or by external loading. " ( 12) Subsection 309. 12. 1 is deleted. ( 13 ) There shall be added Section 316, which shall read as follows: "316. Materials. (a) Above Ground - Materials for gas distribution pipes, nipples & fittings shall meet Standard Specifications ASTM A-120. 1. Black steel Schedule 40 pipe and black Schedule 40 nipples. 2. Black malleable 125 PSI screwed fittings 3 . Outside gas stops will be black iron body brass core. (b) Under Ground - Materials. 1. Polyethylene pipe with approved risers and connectors. Plastic pipe and fittings shall conform to ASTM D2513 C.D. SDR11. 2. Black steel pipe shall be protected against soil corrosion with approved type coating. Coating J• 9 shall extend six ( 6) inches above finished grade. Couplings shall be long recessed type. " (14 ) Subsection 403 . 1. 2 is amended to read as follows: "403 . 1. 2. All gas appliances shall have accessible gas shutoff A.G.A. approved brass lever handle ball valves located no farther than six ( 6) feet from the appliance, installed upstream from the union or connector they serve and in the same room as the appliance. " (15) Subsection 504. 2.2 is amended to read as follows: "504.2. 2. All water heaters installed in attics shall rest in pans of minimum 0.0276-inch ( 24 ga) galvanized sheet steel or approved plastic pan, with a minimum depth of 1-1/2 inches and of a sufficient size to receive all drippings or condensation from such water heaters. All drain pans shall have a minimum 1-inch drain. " ( 16) Subsection 507. 11 is deleted. ( 17) Subsection 511.8 is deleted. ( 18) Chapter 10 is deleted. ( 19) Appendix E is adopted. / PASSED AND APPROVED this the �� day of A 76-44i✓ 1990. dicop- 41111P A O ATTEST: —ALut)il ' I 1, City Clerk Affidavit of Publication THE STATE OF TEXAS ORDINANCE NO.72-90 AN ORDINANCE AMENDING COUNTY OF WICHITA APPENDIX B,NUMBING CODE, OF THE CODE OF ORDINANCE (p OF THE CITY OF WICHITA FALLS;Jere) ADOPTING THE STANDARD ,r, EDITION,AS REIVSED IN 1989, On this ',-,-1 day of WITH CERTAIN AMENDENTS AND DELETIONS. ORDINANCE NO.73-90 .( 3 c r) AN ORDINANCE AMENDING A.D. personally appeared before me, the undersigned authority APPENDIX B,PLUMBING CODE, OF THE CODE OF ORDINANCES T er bookkee OF ORDINANCE OF THE CITY OF p WICHITA FALLS, THE STANDARD GAS ODE,ADOPTING 988 for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls EDITION,AS REVISED IN 1989, WITH CERTAIN AMENDMENTS.' Times/Record News, a newspaper published at Wichita Falls in Wichita County, AND DEUTIONS. ORDINANCE NO.74-90 Texas, and upon being duly sworn by me, on oath states that the attached ORDINANCE WAIVING APPEN- DIX A, SUBDIVISIONS SECTION 9(B) (2) (a)OF THE CODE OF advertisement is a true and correct copy of advertising published ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER in ' ' r.i..) issues thereof on the following dates: ON THE OLD IOWA PARK ROAD, LOT 2, TRANSCHEMICAL SUB- DIVISION. RECEIVED it ' - CITY CLERK'S OFFICE ' " Date —,� & it _ i % . �_ C i ,. �p sue' Bookkeeper for Times Publishing Company t�7='ti:A 1I1 � r . ,.;Y of Wichita Falls (SE Q 1,4°` ( Subscribed and sworn to before me this the day and year first above written.