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Ord 045-2007 5/1/2007 ORDINANCE NO. ^1`J"� ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING PART II OF THE CODE OF ORDINANCES, AT CHAPTER 22, BUILDINGS AND BUILDING REGULATIONS, ARTICLE II BUILDING CODES, ARTICLE IV PLUMBING CODES, ARTICLE V MECHANICAL CODES, ARTICLE VII GAS CODES AND ARTICLE XI RESIDENTIAL CODES FOR ONE AND TWO FAMILY DWELLINGS, BY MAKING CERTAIN ADDITIONS, AMENDMENTS, AND DELETIONS THERETO; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the Construction Board of Adjustment and Appeals recommends the adoption of the 2006 International Codes as amended; and WHEREAS, the City Council concurs with such adoption. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. Part II of the Code of Ordinances, at Chapter 22, Buildings and Building Regu/afions, Article II, Building Codes, is amended to read as follows: "Sec. 22-26 Adopted. The following code, published by the International Code Council, is adopted by reference as though it were copied fully in this section: International Building Code 2006 edition, including Chapters 1-34, and Appendices F and I. Sec. 22-27. Changes, deletions and amendments. The following changes, deletions and amendments are made in the International Buitding Code adopted in Section 22-26: 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." 101.2 Scope. The provisions of this code 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 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 2006 International Residential Code. 101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted. 101.3 Intent. The purpose of this code is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress 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 101.4.7 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 Electrical. The provisions of the 2005 Nationat Electrical Code shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. 101.4.2 Gas. The provisions of the 2006 International Fuel Gas Code shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories. 101.4.3 Mechanical. The provisions of the 2006 International Mechanical Code shall apply to the installation, alterations, repairs and replacement of inechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators and other energy-related systems. 101.4.4 Plumbing. The provisions of the 2006 International Plumbing Code shall apply to the installation, alteration, repair and replacement 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. The provisions of the International Private Sewage Disposal Code shall apply to private sewage disposal systems. 101.4.6 Fire prevention. The provisions of the 2006 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. 101.4.7 Energy. The provisions of the International Energy Conservation Code shall apply to all matters governing the design and construction of buildings for energy efficiency. SECTION 102 APPLICABILITY 102.1 General. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. 102.2 Other laws. The provisions of this code 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 this code. 102.4 Referenced codes and standards. The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur befinreen provisions of this code and referenced codes and standards, the provisions of this code shall apply. 102.5 Partial invalidity. In the event that any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions. 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 or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public. Sec. 103. Building and Code Administration Division There is hereby established a division to be called the building and code administration division, and the person in charge shall be known as the building and code administrator. Any reference in this code or other code to building official shall be held to mean the building code administrator. SECTION 105 BUILDING CONTRACTOR LICENSING 105.1 No building permit shall be issued to any building contractor (as defined by section 105.1.2.) or person for work to be performed pursuant to a building permit unless such building contractor or person is registered with the building official of the City in accordance with the following provisions: (a) Licensing as a building contractor shall be made upon forms provided by the building official of the city, and all information requested shall be submitted by the applicant. (b) Licenses must be renewed annually in order to acquire building permits or continue work on currently issued building permits. (c) Failure to keep proper and valid bond or insurance in force will result in termination of a license and invalidate any active building permits issued to the building contractor or person. Should such bond or insurance expire, all fees, including all permit fees, must be paid again upon renewal of licensing. (d) Licenses may be revoked or rejected by the buitding official for the following reasons: 1. Failure to obtain and keep in effect required bond or insurance; 2. Failure to fully complete the license form; 3. Failure to pay any required fees; 4. Refusal to correct any code violation after notice; or 5. Continuous or repeated violations of the Code of Ordinances of the city. (e) No license shall be required for a building permit for a residential structure to be issued to a homeowner who occupies the property as his permanent residence or is constructing a new permanent residence and acts as the general contractor for the work performed. This provision can only be used once every two years unless the permit is issued on the same residence. Any subcontractor who performs work on said residence must meet all city and state licensing requirements. (fl Volunteers, unpaid contractors, shall be exempt from licensing requirements. (g) The annual license fee shall be $75.00. (h) No permit shall be issued for commercial construction unless the applicant is licensed as a general contractor, or is otherwise exempted under this section. (i) An Owner or Maintenance Worker as defined in section 104.5.2 shall be exempt from the licensing requirements of this section if the work to be performed is listed below. The work may be required to be permitted. 1. Electrical Maintenance Work: includes the repair, maintenance and replacement of existing electrical apparatus, existing lighting fixtures, and existing plugs and switches. Electrical Maintenance Work does not include changing of electrical service and the installation of new breaker panels or wiring. Any person who erects, builds or installs electrical not already in existence may not be classified as an Electrical Maintenance Worker. Such maintenance person shall not engage in electrical work for the general public. 2. Plumbing Maintenance Work: includes the repair, maintenance and replacement of existing potable water piping, existing sanitary waste and vent piping, existing plumbing fixtures, and existing electrical water heaters. Plumbing Maintenance Work does not include cutting into fuel gas plumbing systems and the installation of gas-fueled water heaters. A person who erects, builds, or installs plumbing not already in existence may not be classified as a Plumbing Maintenance Worker. Such maintenance person shall not engage in plumbing work for the general public. 3. Air Conditioning and Refrigeration Maintenance Work: includes 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. 4. Building Maintenance Work: construction maintenance work that includes the repair, maintenance and replacement of sheet rock, doors, siding, and windows of any existing building. Building Maintenance Work does not include any new construction or structural change of an existing building, or repair of any load-bearing or structural element of any building. Such Building Maintenance Worker shall not engage in construction work for the general public. (j) No license shall be required for a building permit to be issued to a non-occupied owner of a one- or two-family dwelling unit for work on an accessory building. An accessory building includes carports, outbuildings and other similar structures which do not include any livable area. (k) Any building contractor or person whose license has been revoked or rejected by the building official may appeal to the construction board of adjustment and appeals as follows: 1. Written notice of the appeal must be made to the board within ten calendar days of the date on which the building official rendered his decision; 2. The board 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 without the approval of the building official; 3. The decision of the board on any appeal taken under this section shall be final and binding. 105.1.2 Bond and Insurance Requirements Any person or persons, firm, corporation or association required to be licensed per section 105.1 and seeking to acquire any permit for the type of work identified below shall first furnish the building official with a compliance bond in the following amounts: Contractor Bond General Liability Insurance Residential Roofin contractor $ 25,000 $100,000 Sidin contractor 25,000 100,000 Residential 50,000 300,000 Residential/commercial 25,000 100,000 remodel/renovation under $50,000 includin Residential Roofs General contractor 100,000 500,000 Si n contractor 100,000 Pavin contractor 100,000 Pavin /street 100,000 House movers 100,000 Demolition contractor 100,000 Excavation 100,000 I rri ators 100, 000 Definitions: 1. Contractor: Any person or entity who undertakes to, attempts to, or submits a price or bid or offers to 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. "Contractor" includes, but is not limited to, prime contractor, electrical contractor, construction manager of any kind whatsoever, inctuding, but not limited to, residential construction manager, construction consultant, architect, and/or engineer who conducts or provides any activity or service described herein other than normal architectural or engineering services. 2. Residential Contractor: Contractor authorized to do residential home building and remodeling. 3. Paving Contractor: Contractor authorized to pave sidewalks and/or approaches in public right-of-way. 4. Paving/Streets Contractor: Contractor authorized to do street work. 5. Excavation Contractor: Contractor authorized to perform excavations in public right-of-way. 6. General Contractor: Contractor authorized to do commercial construction and residential construction. 7. Owner: Any person or entity who possesses legal title to the property or such person or entity who may be the operator or manager of the property by written authorization of the owner. 8. Maintenance Work: Repair work and all other work required for the continued normal performance of any commercial property. 9. Maintenance Worker: A regular bona fide employee of an Owner, as opposed to an independent contractor, who performs Maintenance Work. All compliance bonds shall be issued by a surety agency authorized to do business in the State of Texas. Bond issuance is further conditioned upon compliance with all provisions of the building code and other applicable ordinances and regulations of the City of Wichita Falls by the principal, his agents and employees. All sureties on said bond shall be liable for breach thereof to the City of Wichita Falls; to the owner of the property upon which work is performed; to any person, firm or corporation 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 regulations, ordinances and building code of the City of Wichita Falls. A claim upon said bond may be made by any person damaged by reason of the principal's failure to perform his obligation under the ordinances, building code and regulations of the City of Wichita Falls. Suspension or revocation of any license or permit shall not limit the liability of either the principal or the surety on any such bond. The comprehensive general liability insurance required shall be per occurrence, including coverage for bodily injury and property damage, with products liability and completed operations coverage. The insurance coverage shall include a provision that in the event such coverage is canceled or reduced, the insurance carrier shall notify the building official at least ten days prior to such cancellation or reduction in coverage. Prior to issuance of any such permit, such applicant shall furnish the building official with a certificate of insurance evidencing the required insurance coverage. Any applicant's permit shall be automatically suspended during any period in which the applicant fails to maintain in effect the required bond or insurance. Prior to issuance of any type of permit required under this chapter, the building official shall require that homeowners show proof of ownership and/or residency. Documents of proof may include but are not limited to the following: current driver's license, property deeds, tax statements, or utility statements. 105.2 Work exempt from permit requirements. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following: 1. Electrical work involving the repair or replacement of existing electrical apparatus, existing lighting fixtures and existing plugs and switches. 2. Plumbing work involving the stopping of leaks in drains, water, soil, waste or vent pipes; provided, however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe needs to be removed and replaced with new material, such work shall be considered as new work, and a permit shall be obtained, and inspection made, to ensure code compliance. 3. The clearing of stoppages or the repairing of leaks in pipes, valves or 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 activities: (a) Portable heating appliances (b) Portable ventilation appliances (c) Portable cooling unit (d) Steam, hot or chilled water piping within any heating or cooling equipment (e) Replacement of any minor part that does not alter approval of equipment or to make such equipment unsafe. 5. Gas work involving any portable heating, cooking or clothes-drying appliances. 6. Building work involving the following activities: (a) Repair of damaged sheet rock. This does not include areas of required means of egress, rated walls or removal of sheet rock due to damage from water, mold problems, fire or termite damage. (b) Replacement of any existing door, door casing and door hardware. (c) Replacement of windows as long as the framing is not changed and is in sound condition. (d) Repair of damaged siding, fascia or soffit as long as the area does not exceed 1/10 of the building's siding. (This area is calculated on area of same.) This does not include damage caused by water, mold, fire or termites. (e) Repair of torn shingles or patching when no tear-off is required. (This does not include overlay.) (fl Any cabinets, counter tops and similar finish work. (g) Painting, carpeting, and similar cosmetic work. (h) Swings and other playground equipment accessory to a one- or two-family dwelling. (i) Sidewalks and drives not more than 30 inches above adjacent grade and not over any basement or story below. (j) Fences not over 6 feet high. (k) Retaining walls that are not over 4 feet in height measured from the bottom of the footing to the top of the wall. (I) Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches deep, do not exceed 5000 gallons and are installed entirely above ground. (m) Window awnings supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support of Group R-3 and U occupancies. 105.2.1 Emergency repairs. Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the building official. 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. Such repairs shall 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 shall ordinary repairs include 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 service agencies. 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 service agencies by established right. 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 this code 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 this code or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this code 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. The building permit or copy shall be kept on the site of the work until the completion of the project. 105.8 Restoration permit. A restoration permit may be issued for buildings or structures, which has been determined by City Council to be dangerous under Article VIII, Dangerous Buildings or Structures, Section 22-605, Duties of City Council, but for which Council determines that the owner, lienholder, or mortgagee has legitimate intent to rehabilitate the structure. Such permit may be issued with individual requirements for the timing of the submittal of requested information and the completion of rehabilitation activities. The permit will not be valid unless deadlines are met; otherwise, the structure may still be subject to demolition without further action of the Council. SECTION 106 CONSTRUCTION DOCUMENTS 106.1 Submittal documents. Construction documents, special inspection and structural observation programs and other data shall be submitted in one or more sets with each application for a permit. The construction documents shall be prepared by a registered design professional where the following conditions exist: The design professional shall be an architect or engineer legally registered under the laws of this state regulating the practice of architecture or engineering and shall affix his official seal to said drawings, specifications and accompanying data, for the following: 1. All Group A(Assembly), E(Education) and I(Institutional) occupancies. 2. Buildings and structures three stories or more high. 3. Buildings and structures 5,000 sq.ft. (465 m or more in area. For all other buildings and structures, the submittal shall bear the certification of the applicant that some specific state law exception permits its preparation by a person not so registered. EXCEPTION: Group R3 buildings, regardless of size, shall require neither a registered architect or engineer, nor a certification that an architect or engineer is not required. 106.1.1 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. 106.1.1.1 Fire protection system shop drawings. Shop drawings for the fire protection system(s) shall be submitted to indicate conformance with 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. 106.1.2 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 I-1, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces. 106.1.3 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. 106.2 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. 106.3 Examination of documents. The building official shall examine or cause to be examined the accompanying construction 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. 106.3.1 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. 106.3.2 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. 106.3.3 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. 106.3.4 Design professional in responsible charge. 106.3.4.1 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. Where structural observation is required by Section 1709, the statement of special inspections shall name the individual or firms who are to perform structural observation and describe the stages of construction at which structural observation is to occur (see also duties specified in Section 1704). 106.3.4.2 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 been found to be in general conformance to the design of the building. The deferred submittal items shall not be installed until the design and submittal documents have been approved by the building official. 106.4 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. 106.5 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 109 INSPECTIONS 109.1 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. 109.2 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. 109.3 Required inspections. The building official, upon notification, shall make the inspections set forth in Sections 109.3.1 through 109.3.10. 109.3.1 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. 109.3.2 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. 109.3.3 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. 109.3.4 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. 109.3.5 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. 109.3.6 Fire-resistant penetrations. Protection of joints and penetrations in fire- resistance-rated assemblies shall not be concealed from view until inspected and approved. 109.3.7 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. 109.3.8 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 department of building safety. 109.3.9 Special inspections. For special inspections, see Section 1704. 109.3.10 Final inspection. The final inspection shall be made after all work required by the building permit is completed. 109.4 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. 109.5 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. 109.6 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. Section 112. Board of Appeals 112.1 Appointment. There is hereby established a board to be called the construction board of adjustment and appeals which shall consist of eleven regular members and two alternate members. The applicable governing body shall appoint the board. 112.2 Application for appeal. A person shall have the right to appeal a decision of the building official to the construction board of adjustment and appeals. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. The application shall be filed on a form obtained from the building official within 20 days after the notice was served. 112.3. Membership. 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. Board members' terms shall expire on December 31. 112.4. Terms. Of the regular members first appointed, three shall be appointed for terms of one year, three shall be appointed for terms of two years and three shall be appointed for terms of three years. The two alternate members shall be appointed for two-year terms. After the initial appointment, members to the board shall be appointed for three-year terms. In no case shall a member serve more than six consecutive years. Continued absence of any member from required meetings of the board shall, at the discretion of the applicable governing body, render any such member subject to immediate removal from office. 112.5. Quorum and voting. Five members of the board shall constitute a quorum. In varying any provision of this code or modifying a decision of the building official, 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. 112.6. Board acting in an advisory capacity. In addition to other duties noted herein, the board shall act as an advisory board on matters of building code requirements, modifications or amendments. The board may hear evidence of any proposals from the building code administrator or other persons and may present opinions of such proposals to the city council for further action. SECTION 113 VIOLATIONS AND PENALTIES 113.1 Unlawful acts. Any person, firm, corporation or agent who shall violate a provision of the technical codes, or fail to comply therewith, or with any of the requirements thereof, or who shall erect, construct, alter, install, demolish or move any structure, electrical, gas, mechanical or plumbing system, or has erected, constructed, altered, repaired, moved or demolished a building, structure, electrical, gas, mechanical or plumbing system, in violation of a detailed statement or drawing submitted and permitted thereunder, shall be guilty of a misdemeanor. Each such person shall be deemed guilty of a separate offense for each and every day during which any violation of any of the provisions of this code is committed or continued, and upon conviction of any such violation such person shall be punished by a fine as provided in section 1-14. Any person found doing work without meeting the licensing, bond and liability insurance requirements set forth in section 105 shall be punished by a fine of not less than $500.00. 113.2 Responsibility for enforcement; police powers. The local Building and Code Administration Division, the code compliance and code enforcement officers and other authorized employees of the division shall have all of the powers and authority of peace officers to the extent only, and no further, of enforcing all of the International Codes adopted by ordinance and other city ordinances relating to buildings, electrical, plumbing, mechanical, health and safety, landscaping, and zoning. No person shall interFere in any manner or give false information to the above-mentioned employees in the performance of their duties." Section 115. Unsafe Structures 115.1 Unsafe Buildings or Systems. All such unsafe buildings are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the provisions of the current city dangerous buildings or structures ordinance, codified as Chapter 22, Article VIII, at Sections 22-601 through 22-608. Alterations, repairs or rehabilitation work shall be subject to the following requirements: (a) Alterations, repairs or rehabilitation work shall not cause an existing building to become unsafe as defined in this section. (b) 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, in the opinion of the building official, 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/or 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 structure. After repairs are completed and approved, continued maintenance of the remaining wall will become the responsibility of the person who owns the remaining building. (c) 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 or structures. (d) After a building or structure is removed, the owner of the remaining building must be allowed access to the adjacent property for the purpose of maintenance of the remaining wall." Section 202. Definitions Historic Buildings. Buildings that are listed in the National Register of Historic Places, or designated as historic under an appropriate state or local law or were constructed prior to 1936. See Section 3406. Section 1612. Flood Loads SECTION 1612 FLOOD LOADS The applicable provisions of Chapter 54 of the Code of Ordinances shall govern flood loads. Section 3410 is deleted SECTION 2, Part II of the Code of Ordinances, at Chapter 22, Buildings and Building Regulations, Article IV, Plumbing Codes, is amended to read as follows: Sec. 22-481. Adopted. The following code, published by the International Code Council, is adopted by reference as though it were copied fully in this section: 2006 International Plumbing Code, including Chapters 1--13, and Appendices B through G. Sec. 22-482. Changes, deletions and amendments. The following changes, deletions and amendments are made in the 2006 International Plumbing Code adopted in section 22-481 and shall read as follows: 101.1 Title, These regulations shall be known as the International Plumbing Code of the City of Wichita Falls hereinafter referred to as "this code." "SECTION 103. BUILDING AND CODE ADMINISTRATION DIVISION 103.1 General. There is hereby established a division to be called building and code administration, and the person in charge shall be known as the building and code administrator. Any reference in this code or other code to building official or code official shall be held to mean the building and code administrator. SECTION 104 DUTIES AND POWERS OF THE CODE OFFICIAL 104.1 General. This section shall comply with Chapter 22, Buildings and Building Regulations, Section 22-27, Changes, deletions and amendments, Section 104, Duties and Powers of the Building Official, in the Code of Ordinances, City of Wichita Falls, Texas. SECTION 105 PLUMBERS LICENSING Section 105.1 License for Plumbers Required. It shall be unlawful for any person, firm or corporation to engage in the practice of plumbing 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. St. art. 6243-101, as it may be amended from time to time. 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 such person, firm or corporation is, in fact, registered and holds a valid license within the meaning of the words used and as provided in this code. Section 105.2 Registration of Plumbing Contractors: Any person, company, firm, partnership or corporation desiring to engage in the business of plumbing within the corporate limits of the City of Wichita Falls, Texas, shall register with the City of Wichita Falls, Building and Code Administration Division with an annual registration fee of $75.00. Section 105.3 Insurance Requirement for Plumbing Contractors. Plumbing Contactors shall provide proof of insurance as required by the State. Section 105.4 Licensing of Irrigators. It shall be unlawful for any person, firm or corporation, who are not licensed plumbers, to engage in the practice of irrigation installation in Wichita Falls without first securing from the State of Texas a proper license issued by the state board of irrigators at Austin, Texas, pursuant to The Licensed Irrigators Act, Vernon's Ann. Civ. St. art. 3751, as it may be amended from time to time. It shall be unlawful for any person, firm or corporation to represent themselves as a registered and licensed irrigator or to use falsely the words "irrigator" or "licensed irrigator," or words of similar import or meaning, on signs, cards, stationery, or by other misleading manner whatsoever within the City of Wichita Falls, unless such person, firm or corporation is, in fact, registered and holds a valid state license. Section 105.5 Registration of Irrigators. Any person, company, firm, partnership or corporation desiring to engage in the business as an irrigator within the corporate limits of the City of Wichita Falls, Texas, shall register with the City of Wichita Falls, Building and Code Administration Division with an annual registration fee of $75.00. SECTION 106 PERMITS 106.1 When required. Any property owner who occupies the building or structure as his homestead, authorized agent or registered plumbing contractor who desires 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 plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the code official and obtain the required permit for the work. 106.6.2 Fee schedule. The fees for all plumbing work shall be as indicated in the schedule located in City of Wichita Falls code of ordinances, Chapter 2 Administration, Article VI, Development Fees at Section 2-908, Plumbing permits, or as amended hereafter: 106.6.3 Fee refunds. The code official is authorized to establish a refund policy. SECTION 109 MEANS OF APPEAL 109.1 General. This section shall comply with Chapter 22, Section 22-27, Changes, deletions and amendments, Section 112, Board of Appeals, in the Code of Ordinances, City of Wichita Falls, Texas. 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 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 (3048 mm) 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 5-foot (3048 mm) head of water. The water shall be kept in the system, or in the portion under test, for at least 15 minutes before inspection starts. The system shall then be tight at all points. Exception: Drainage lines outside of the building footprint are exempt unless covered by concrete or asphalt. Section 312.6 is deleted Section 312.7 is deleted. 312.9 Inspection and testing of backftow prevention assemblies. 312.9.1 Approval and testing 1. Approval of devices. All devices used for the prevention of backflow or back siphonage shall meet the requirements of table P2902.4.3. 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 City of Wichita Falls Building and Code Administration Division shall require periodic testing of such devices and, when found to be inoperative or defective, shall require that they be repaired or replaced. 2. Testing of backflow prevention devices. 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. 3. Approval of testers. All tests or repairs or backflow prevention devices shall be conducted by a person who has been certified by an approved agency in accordance with TCEQ standards. 4. Records of test required. All tests required by this section shall be recorded on forms provided by the City of Wichita Falls Building and Code Administration Division. These forms shatl be completed by the tester and submitted to the City Building and Code Administration Division as part of a permanent record. The consumer, property owner, or person having control of such devices shall be responsible for ensuring that all necessary repairs and tests of the devices are initiated. The tester shall be responsible for the initial testing of any device that they have installed or repaired and for the completion and submittal of required test forms. Any consumer, property owner, or tester who shall fail to provide tests or records, as required by this section, shall be in violation of this section and shall be subject to the penalties as set forth in the plumbing code and state law. Section 312.9.2, Testing, is deleted. [M] 314.2.3 Auxiliary and secondary drain systems. In addition to the requirements of Section 314.2.1, a secondary drain or auxiliary drain pan shall be required for each cooling or evaporator coil or fuel-fired appliance that produces condensate, where damage to any building components will occur as a result of overFlow from the equipment drain pan or stoppage in the condensate drain piping. One of the following methods shall be used: 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 1.5 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. Metallic pans shall have a minimum thickness of not less than 0.0276-inch (0.7 mm) 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. The 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. The 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. 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 minimum thickness of 24 gage, or other pans approved for such use. Exception: Replacement water heaters where the existing installation does not include a pan and drains are not readily accessible. 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. The valve shall be full port bronze one-fourth turn ball valve, 400 WOG (nonshock) 125 psi saturated steam. It shall be located and assessable in a valve box with a readily removable access cover which extends to grade level. Combination stop-and-waste valves or cocks shall not be installed underground. 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 deep-seal trap consisting of a 4-inch (102 mm) seal valve shall be installed. A trap seal primer valve shall conform to ASSE 1018 or ASSE 1044. SECTION 3 Part II of the Code of Ordinances, at Chapter 22, Buildings and Building Regulations, Article V, Mechanica/ Codes, is amended to read as follows: Sec. 22-511. Adopted. The following code, published by the International Code Council, is adopted by reference as though it were copied fully in this section: 2006 International Mechanical Code, including Chapters 1--15. Sec. 22-512. Changes, deletions and amendments. The following changes, deletions and amendments are made in the International Mechanical Code adopted in section 22-511: 101.1 Title. These regulations shall be known as the Mechanical Code of the City of Wichita Falls, Texas, hereinafter referred to as "this code." "SECTION 103. BUILDING AND CODE ADMINISTRATION DIVISION 103.1 General. There is hereby established a division to be called building and code administration, and the person in charge shall be known as the building and code administrator. Any reference in this code or other code to building official or code official shall be held to mean the building and code administrator. SECTION 104 DUTIES AND POWERS OF THE CODE OFFICIAL 104.1 General. This section shall comply with Chapter 22, Buildings and Building Regulations, Section 22-27, Changes, deletions and amendments, Section 104, Duties and Powers of the Building Official, in the Code of Ordinances, City of Wichita Falls, Texas. SECTION 105 MECHANICAL CONTRACTOR LICENSING Section 105.1 Insurance and Licensing Requirements. All persons, firms, corporations, or agents engaged in the installation or repair of heating, ventilating, duct, air conditioning and refrigeration systems for domestic or commercial purposes in and about buildings where a person or persons live, work or assemble in the City of Wichita Falls under terms of this code shall, before they do any work, execute and deliver to the City of Wichita Falls a certificate of insurance showing the City of Wichita Falls as an additional insured or a 30 day notice of cancellation endorsement. Insurance shall be conditioned that all such heating, ventilation, duct, air conditioning, and refrigeration systems shall be done so that they conform with all of the rules and regulations provided by this code. The insurance shall be further conditioned that the City of Wichita Falls will be indemnified against all loss and damage occasioned by the negligence of the principal therein failing properly to execute and protect any work done by him or his employees or under his direction or supervision. In case the principal on such insurance shall fail or refuse to install or construct any heating, ventilating, duct, air conditioning or refrigeration systems in accordance with such rules and regulations contained in this code, the owner of any house or premises who may be aggrieved or injured thereby may have recourse on such insurance, or the city may take action on the insurance for the use and benefit of such owner, provided that, in such case, such work is first disapproved by the mechanical inspector as herein provided. Should the mechanical inspector refuse to issue his certificate of approval of such work on account of the failure of the mechanical installer to comply with such rules and regulations, in case of failure or refusal on the part of such principal to rectify or change such work so as to make it comply with such rules and regulations, then after three days from the time notice was given it shall be the duty of the sureties on the insurance performing the same as herein provided, the said owner, or the city for the owner's benefit, may have recourse against the principal and sureties on the insurance herein provided for. No heating, ventilating, duct, air conditioning and refrigeration systems shall be done by, and no permit issued to, any contractor unless he has such insurance in full force and effect. A person required to have an air conditioning contractor license pursuant to Vernon's Ann. Civ. St. art. 8861 shall register with the Building and Code Administration Division with an annual fee of $75.00 prior to performing work within the City of Wichita Falls file a copy of his license with the city inspection division and shall also file a copy of any renewal license not later than 30 days after the renewal license is obtained." SECTION 106, PERMITS 106.1. When required. An owner, authorized agent or contractor who desires to erect, install, enlarge, alter, repair, remove, convert or replace a mechanical system, the installation of which is regulated by this code, or to cause such work to be done, must have a Texas Air Conditioning and Refrigeration Contractors License and an E.P.A. Recovery Certificate to do any work other than duct work, and shall first make application to the code official and obtain the required permit for the work. Exception: Where equipment and appliance replacements or repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the Building and Code Administration. 106.5.2 Fee schedule. The fees for mechanical work shall be as indicated in the schedule located in City of Wichita Falls code of ordinances, Chapter 2, Administration, Article VI, Development Fees at Section 2-908, Plumbing permits, or as amended hereafter. 106.5.3 Fee refunds. The code official is authorized to establish a refund policy. SECTION 109. MEANS OF APPEAL 109.1 General. This section shall comply with Chapter 22, Section 22-27, Changes deletions and amendments, Section 112, Board of Appeals, in the Code of Ordinances, City of Wichita Falls, Texas. Chapter 3 — General Regulations 307.2.3 Auxiliary and secondary drain systems. In addition to the requirements of Section 307.2.1, a secondary drain or auxiliary drain pan shall be required for each cooling or evaporator coil or fuel-fired appliance that produces condensate, where damage to any building components will occur as a result of overFlow from the equipment drain pan or stoppage in the condensate drain piping. One of the following methods shall be used: 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 1.5 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. Metallic pans shall have a minimum thickness of not less than 0.0276-inch (0.7 mm) 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 wilt 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. SECTION 4 Part II of the Code of Ordinances, at Chapter 22, Buildings and Building Regulations, Article VII, Gas Codes, is amended to read as follows: Sec. 22-571. Adopted. The following code, published by the International Code Council, is adopted by reference as though it were copied fully in this section: 2006 International Fuel Gas Code, including Chapters 1--7, and Appendices A through C. Sec. 22-572. Changes, deletions and amendments. The following changes, deletions and amendments are made in the 2006 International Fuel Gas Code adopted in section 22-571: "SECTION 103. BUILDING AND CODE ADMINISTRATION DIVISION 103.1 General. There is hereby established a division to be called building and code administration, and the person in charge shall be known as the building and code administrator. Any reference in this code or other code to building o�cial or code official shall be held to mean the building and code administrator. SECTION 104 DUTIES AND POWERS OF THE CODE OFFICIAL 104.1 General. This section shall comply with Chapter 22, Buildings and Building Regulations, Section 22-27, Changes, deletions and amendments, Section 104, Duties and Powers of the Building Official, in the Code of Ordinances, City of Wichita Falls, Texas. SECTION 105 APPROVAL SECTION 106 PERMITS 106.1 When required. An owner, authorized agent or contractor who desires to erect, install, enlarge, alter, repair, remove, convert or replace an installation regulated by this code, or to cause such work to be done, shall first make application to the code official and obtain the required permit for the work. Exception: Where equipment replacements and repairs are required to be performed in an emergency situation, the permit application shall be submitted within the next working business day of the Department of Inspection. 106.2 Permits not required. Permits shall not be required for the following: 1. Any portable heating appliance. 2. Replacement of any minor component of equipment that does not alter approval of such equipment or make such equipment unsafe. Exemption from the permit requirements of this code shall not be deemed to grant authorization for work to be done in violation of the provisions of this code or of other laws or ordinances of this jurisdiction. 106.3 Application for permit. Each application for a permit, with the required fee, shall be filed with the code official on a form furnished for that purpose and shall contain a general description of the proposed work and its location. The application shall be signed by the owner or an authorized agent. The permit application shall indicate the proposed occupancy of all parts of the building and of that portion of the site or lot, if any, not covered by the building or structure and shall contain such other information required by the code official. 106.3.1 Construction documents. Construction documents, engineering calculations, diagrams and other data shall be submitted in two or more sets with each application for a permit. The code official shall require construction documents, computations and specifications to be prepared and designed by a registered design professional when required by state law. Construction documents shall be drawn to scale and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that the work conforms to the provisions of this code. Construction documents for buildings more than two stories in height shall indicate where penetrations will be made for installations and shall indicate the materials and methods for maintaining required structural safety, fire-resistance rating and fireblocking. Exception: The code official shall have the authority to waive the submission of construction documents, calculations or other data if the nature of the work applied for is such that reviewing of construction documents is not necessary to determine compliance with this code. 106.4 Permit issuance. The application, construction documents and other data filed by an applicant for a permit shall be reviewed by the code official. If the code official finds that the proposed work conforms to the requirements of this code and all laws and ordinances applicable thereto, and that the fees specified in Section 106.5 have been paid, a permit shall be issued to the applicant. 106.4.1 Approved construction documents. When the code official issues the permit where construction documents are required, the construction documents shall be endorsed in writing and stamped "APPROVED." Such approved construction documents shall not be changed, modified or altered without authorization from the code official. Work shall be done in accordance with the approved construction documents. The code official shall have the authority to issue a permit for the construction of part of an installation before the construction documents for the entire installation have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of this code. The holder of such permit shall proceed at his or her own risk without assurance that the permit for the entire installation will be granted. 106.4.2 Validity. The issuance of a permit or approval of construction documents shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of other ordinances of the jurisdiction. A permit presuming to give authority to violate or cancel the provisions of this code shall be invalid. The issuance of a permit based upon construction documents and other data shall not prevent the code official from thereafter requiring the correction of errors in said construction documents and other data or from preventing building operations from being carried on thereunder when in violation of this code or of other ordinances of this jurisdiction. 106.4.3 Expiration. Every permit issued by the code official under the provisions of this code shall expire by limitation and become null and void if the work authorized by such permit is not commenced within 180 days from the date of such permit, or is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such work recommences, a new permit shall be first obtained and the fee, therefor, shall be one-half the amount required for a new permit for such work, provided no changes have been or will be made in the original construction documents for such work, and further that such suspension or abandonment has not exceeded one year. 106.4.4 Extensions. A permittee holding an unexpired permit shall have the right to apply for an extension of the time within which he or she will commence work under that permit when work is unable to be commenced within the time required by this section for good and satisfactory reasons. The code official shall extend the time for action by the permittee for a period not exceeding 180 days if there is reasonable cause. A permit shall not be extended more than once. The fee for an extension shall be one-half the amount required for a new permit for such work. 106.4.5 Suspension or revocation of permit. The code official shall revoke a permit or approval issued under the provisions of this code in case of any false statement or misrepresentation of fact in the application or on the construction documents upon which the permit or approval was based. 106.4.6 Retention of construction documents. One set of construction documents shall be retained by the code official until final approval of the work covered therein. One set of approved construction documents shall be returned to the applicant, and said set shall be kept on the site of the building or work at all times during which the work authorized thereby is in progress. 106.5 Fees. A permit shall not be issued until the fees prescribed in Section 106.5.2 have been paid, nor shall an amendment to a permit be released until the additional fee, if any, due to an increase of the installation, has been paid. 106.5.1 Work commencing before permit issuance. Any person who commences work on an installation before obtaining the necessary permits shall be subject to 100 percent of the usual permit fee in addition to the required permit fees. 106.5.2 Fee schedule. The fees for work shall be as indicated in the schedule located in City of Wichita Falls code of ordinances, Chapter 2 Administration, Article VI, Development Fees at Section 2-908, Plumbing permits, or as amended hereafter. 106.5.3 Fee refunds. The code official is authorized to establish a refund policy. SECTION 109 MEANS OF APPEAL 109.1 General. This section shall comply with Chapter 22, Section 22-27, changes, deletions and amendments, Section 112, Board of Appeals, in the Code of Ordinances, City of Wichita Falls, Texas. 304.9 Mechanical combustion air supply. Where all combustion air is provided by a mechanical air supply system, the combustion air shall be supplied from the outdoors at a rate not less than 1 square inch per 1,000 Btu/h 304.9.1 Makeup air. Where exhaust fans are installed, makeup air shall be provided to replace the exhausted air. 304.9.2 Appliance interlock. Each of the appliances served shall be interlocked with the mechanical air supply system to prevent main burner operation when the mechanical air supply system is not in operation. 304.9.3 Combined combustion air and ventilation air system. Where combustion air is provided by the building's mechanical ventilation system, the system shall provide the specified combustion air rate in addition to the required ventilation air. 304.10 Size of openings. There shall be1 square inch per 1000 Btu of uninterrupted air unless specifically engineered to be less. SECTION 307 CONDENSATE DISPOSAL 307.1 Evaporators and cooling coils. Condensate drainage systems shail be provided for equipment and appliances containing evaporators and cooling coils in accordance with the International Mechanical Code. 307.2 Fuel-burning appliances. Liquid combustion by-products of condensing appliances shall be collected and discharged to an approved plumbing fixture or disposal area in accordance with the manufacturer's installation instructions. Condensate piping shall be of approved corrosion-resistant material and shall not be smaller than the drain connection on the appliance. Such piping shall maintain a minimum slope in the direction of discharge of not less than one-eighth unit vertical in 12 units horizontal (1-percent slope). [M] 307.3 Drain pipe materials and sizes. Components of the condensate disposal system shall be cast iron, galvanized steel, copper, polybutylene, polyethylene, ABS, CPVC or PVC pipe or tubing. All components shall be selected for the pressure and temperature rating of the installation. Condensate waste and drain line size shall be not less than 3 /-inch internal diameter (19 mm) and shall not decrease in size from the drain connection to the place of condensate disposal. Where the drain pipes from more than one unit are manifolded together for condensate drainage, the pipe or tubing shall be sized in accordance with an approved method. All horizontal sections of drain piping shall be installed in uniform alignment at a uniform slope. 307.4 Traps. Condensate drains shall be trapped as required by the equipment or appliance manufacturer. SECTION 5 Part II of the Code of Ordinances, at Chapter 22, Buildings and Building Regulations, Article XI, Residential Codes for One or Two Family Dwellings, is amended to read as follows: Sec. 22-700. Adopted. The following code, published by the International Code Council, is adopted by reference as though it were copied fully in this section: 2006 International Residential Code, including Chapters 1--32, and Appendices A through C, E, G. Sec. 22-701. Changes, deletions and amendments. The following changes, deletions and amendments are made in the 2006 International Residential Code adopted in section 22-700: Section 103. Building and Code Administration Division There is hereby established a division to be called the building and code administration division, and the person in charge shall be known as the building and code administrator. Any reference in this code or other code to building official shall be held to mean the building code administrator. SECTION 105 BUILDING AND CODE ADMINISTRATION 105.1 General. This section shall comply with Chapter 22, Article II, Section 22- 27 changes, deletions and amendments, Section 105 Building Contractors Licensing, in the Code of Ordinances, City of Wichita Falls, Texas. SECTION R106 CONSTRUCTION DOCUMENTS 106.1 General. This section shall comply with Chapter 22, Article II, Section 22- 27 changes, deletions and amendments, Section 106 Construction Documents, in the Code of Ordinances, City of Wichita Falls, Texas. SECTION R109 INSPECTIONS R109.1 General. This section shall comply with Chapter 22, Section 22-27, Changes deletions and amendments, Section 112, Board of Appeals, in the Code of Ordinances, City of Wichita Falls, Texas. SECTION R112 BOARD OF APPEALS 112.1 General. This section shall comply with Chapter 22, Section 22-27, changes, deletions and amendments, Section 112, Board of Appeals, in the Code of Ordinances, City of Wichita Falls, Texas. CHAPTER 3 BUILDING PLANNING, SECTION 324 FLOOD-RESISTANT CONSTRUCTION 324.1 General. This section shall comply with Chapter 54 Floods, in the Code of Ordinances, City of Wichita Falls, Texas. CHAPTER 4 FOUNDATIONS, SECTION 403 FOOTINGS R403.1.4 Minimum depth. All exterior footings shall be placed at least 6 inches (305 mm) below the undisturbed ground surface. Where applicable, the depth of footings shall also conform to Sections R403.1.4.1 through R403.1.4.2. CHAPTER 7 WALL COVERINGS, SECTION 703 EXTERIOR COVERING R703.7.6 Weepholes. Weepholes shall be provided in the outside wythe of masonry walls at a maximum spacing of 48 inches (838 mm) on center. Weepholes shall not be less than 3/16 inch (5 mm) in diameter. Weepholes shall be located immediately above the flashing. CHAPTER 13 GENERAL MECHANICAL SYSTEM REQUIREMENTS SECTION M1305 APPLIANCE ACCESS M1305.1.3 Appliances in attics. Attics containing appliances requiring access shall have with an opening and a clear and unobstructed passageway large enough to allow removal of the largest appliance, but not less than 30 inches (762 mm) high and 22 inches (559 mm) wide and not more than 20 feet (6096 mm) long when measured along the centerline of the passageway from the opening to the appliance. The passageway shall have continuous solid flooring in accordance with Chapter 5 not less than 24 inches (610 mm) wide. A level service space at least 30 inches (762 mm) deep and 30 inches (762 mm) wide shall be present along all sides of the appliance where access is required. The clear access opening dimensions shall be a minimum of 20 inches by 30 inches (508 mm) by 762 mm), where such dimensions are large enough to allow removal of the largest appliance. A pull down type stair or permanent ladder is required. CHAPTER 17 COMBUSTION AIR, SECTION 1703 ALL AIR FROM OUTDOORS. M1703.2.1 Size of openings. There shall be 1 square inch per 1000 Btu of uninterrupted space from an outside source or vented attic space or crawl space. CHAPTER 24 FUEL GAS, SECTION 2407 COMBUSTION, VENTILATION AND DILUTION AIR G2407.10 (304.10) Size of openings. There shall be1 square inch per 1000 Btu of uninterrupted air unless specifically engineered to be less. CHAPTER 24 FUEL GAS, SECTION 2417 INSPECTION, TESTING AND PURGING G2417.4.1 (406.4.1) Test pressure. The test pressure to be used shaii be not less than one and one-half times the proposed maximum working pressure, but not less than 3 psig (20 kPa gauge), irrespective of design pressure. Where the test pressure exceeds 125 psig (862 kPa gauge), the test pressure shall not exceed a value that produces a hoop stress in the piping greater than 50 percent of the specified minimum yield strength of the pipe. Exception: In lieu of the mercury gauge with a manometer or slope gauge required in this section, one of the following may be used: 1. Low Pressure Systems. Low pressure systems of fourteen (14) inches in water column or less shall be tested with a pressure gauge, certified annually, having a 3'/z inches minimum diameter dial, a set hand, and a pressure range not to exceed six (6) PSI with 1/10-pound increments. 2. Medium Pressure Systems. Medium pressure systems exceeding fourteen (14) inches water column but less than 56 inches of water column shall be tested with a pressure gauge, certified annually, having a 3'/z inches minimum dial, a set hand, and a pressure range not to exceed sixteen (16) PSI in 2/10-pound increments." CHAPTER 27 PLUMBING, SECTION 2713 BATHTUBS CHAPTER 29 WATER SUPPLY AND DISTRIBUTION, SECTION 2902 PROTECTION OF POTABLE WATER SUPPLY P2902.5.3 Lawn irrigation systems. A double-check type backflow preventer equipped with two ball valves and four test cocks must be testable. It shall have a non- corrosive body and parts. This double-check shall be used in lawn sprinkler systems, at the source of the supply of the of the potable water. CHAPTER 29 WATER SUPPLY AND DISTRIBUTION, SECTION 2907 DRINKING WATER TREATMENT UNITS P2907.4 Approval, Testing and Certification of Testers 1. Approval of devices. All devices used for the prevention of backflow or back siphonage shall meet the requirements of table P2902.4.3. 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 City of Wichita Falls Building and Code Administration Division shall require periodic testing of such devices and, when found to be inoperative or defective, shall require that they be repaired or replaced. 2. Testing of backflow prevention devices. 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. 3. Approval of testers. All tests or repairs or backflow prevention devices shall be conducted by a person who has been certified by an approved agency in accordance with TCEQ standards. 4. Records of test required. All tests required by this section shall be recorded on forms provided by the City of Wichita Falls Building and Code Administration Division. These forms shall be completed by the tester and submitted to the City Building and Code Administration Division as part of a permanent record. The consumer, property owner, or person having control of such devices shall be responsible for ensuring that all necessary repairs and tests of the devices are initiated. The tester shall be responsible for the initial testing of any device that they have installed or repaired and for the completion and submittal of required test forms. Any consumer, property owner, or tester who shall fail to provide tests or records, as required by this section, shall be in violation of this section and shall be subject to the penalties as set forth in the plumbing code and state law. SECTION 6. Any other Code referenced within the 2006 International Codes hereby adopted, which has not been adopted by the City of Wichita Falls, shall not be considered as a local ordinance. SECTION 7. It is the intention of the City Council of the City of Wichita Falls, Texas, that the provisions of this ordinance shall become a part of the Code of Ordinances of the City of Wichita Falls, Texas, and that sections of this ordinance may be renumbered or relettered to accomplish such intention. SECTION 8. The following codes are hereby repealed: 2000 International Building Code, 2003 International Building Code, 2000 International Plumbing Code, 2000 International Mechanical Code, 2000 International Fuel Gas Code, 2000 International Fire Code and the 2000 International Residential Code. SECTION 9. That all ordinances or parts of ordinances in conflict herewith is hereby repealed. SECTION 10. That should any word, phrase, paragraph, section or portion of this ordinance or the Code of Ordinances, as amended hereby, be held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 11. It is officially found and determined that the meeting at which this ordinance was passed was open to the public as required by law. PASSED AND APPROVED this the 1st day of May, 2007. MAYOR ATTEST: City Clerk Affidavit of Publication o�oiNAr�cE No. � THE STATE OF TEXAS #186264 �-� ORDttiANC� OF THE COUNTY OF WICHITA CITY COUNCII OF THE CITX OF WICHI- I TA FA.�LS, TEXAS, DESIGNATfNG THE HOLT HOTEL BUILD- 011 t�11S ^ (Ia of Ma 2007 A D... I AS A WI�C FALES y y �� u►r�o,w,RK . personally appeared before me, the undersigned authority oRa�� � e r,o. Kathy Salan, Sales Assistant for the Times Publishing ORD.INANCE OF THE Com an of Wichita Falis pu6lishers of the Wichita Falls CITY COUNCIL OF p y � THE CITY OF WICHI- AMENDING PART II Times/Record News, a newspaper published at Wichita Falls in OF THE CODE OF OR- i Wichita County, Texas, and upon being duly sworn by me, on DE R 22, UAL D I N G S' O'slt�l StilteS t�lilt tI1C i1ttSCIleCI A(IVCI't1S@I11eIlt 1S A ti'UC SIl(1 AND BUtLDING REGULATIONS, Arti-' correct copy of advertising published in One (1) issues hereof cle II Building Codes,' ArTicle IV Plumbing i on the following date Codes, Article V Me- i � chanical Codes, Article i VI1 Gas Codes and Arti-', c1e x� Residentia� I May 6 2007 Codes for One and Two� � Family Dwellings,' BY j MAKING CERTAIN ADDITIONS, AMEND- I MENTS, AND DELE- � I TIONS THERETO; ORDINANCE N0. 46-200Z ORDINANCE OF THE CITY COUNCI'L OF THe c�TY oF w�c►+�- Sales Assistant for Times Publish g Company of Wichita Falls TA FALLS> TEXAS, AMENDING PART II OF THE CODE OF OR- 5�0 N FN R E�P R E V E N Subscribed and sworn to before me this the day and year first above written: TION AND PROTEC- TION, AT ARTICLE III, FIRE CODE; PRO- VIDING A REPEALER CLAUSE; PROVIDING FOR INCLUSION IN � � THE CODE; � ( ORDINANCE N0. G�,� L J v�� 47-2007 ° — : ORDINANCE OF THE . : CITY COUNCIL OF � ' `THE CITY OF WICHI• � TA FALLS, TEXAS, � AMENDIN'G -PART Id — OF TFIE CODE OF OR- DINANCES, AT CHAP- ' ' TER 46, ENVIRON- = � MENT, ARTICLE 11, � % NOISE, BY MAKING � CERTAIN�ADDITIONS, AMENDMENTS, AND DELETIONS THERE- T0;'