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HomeMy WebLinkAbout15267 ORD - 12/19/1979vp:11/13/79: r� AN ORDINANCE ADOPTING THE STANDARD MECHANICAL CODE, 1979 EDITION, EXCEPT AS HEREINAFTER PROVIDED; PROVIDING PENALTIES• FOR VIOLATION; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The book entitled "Standard Mechanical Code," 1979 edition (a copy of which, authenticated by the signature of the City Secretary and the Building Official, and made.a public record by this section, is on file in the City Secretary's office), is hereby adopted as fully as if copied at length in this ordinance, but with the following changes therein: a. Chapter 1 - ADMINISTRATION is hereby revised to read as follows: "CHAPTER 1 - ADMINISTRATION SECTION 101 - TITLE AND SCOPE 101.1 - Title The provisions embraced within the following chapters and sections shall con- stitute and be known and may be cited as "The Mechanical Cdde", hereafter referred to as "this code". 101.2 - Code Remedial This code is hereby declared to be remedial, and shall be construed to secure the beneficial interest and purposes thereof, which are health, sanitation, general public safety and welfare, by regulating installation and maintenance of all mechanical equipment. 101.3 - Scope The provisions of this code shall apply to the installation of mechanical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and/or appurtenances thereto, including ventilating, heating, cooling, air conditioning and refrigeration systems, incinerators, and other energy-related systems. 101.4 - Maintenance All mechanical systems, both existing and new, and all parts thereof, shall be maintained in a safe condition. All devices or safeguards which are required by this code shall be maintained in good working order. The maintenance of mechanical systems shall be the responsibility of the owner or his designated agent. 15267 p11\\-s2a19�� Section 102 - Organization 102.1 - Building Official And Inspectors The Building Official is hereby designated as the person responsible for the administration and enforcement of this code, and who shall discharge the duties and have the authority thereinafter provided for the "Mechanical Official" and the " Administrative Authority". The Building Official may delegate said authority to assistants, inspectors and other employees of the Building Inspection Division as may, in his determination, be required to carry out his duties. 102.2 - Restriction On Employees No employee of the Building Inspection Division shall be financially interested in the furnishing of labor, material, or appliances for the installation, alteration, or maintenance of mechanical systems or in the making of plans or of specifications therefor, unless the employee is the owner of the property on which the installation exists or is planned to take place. Section 103 - Powers And Duties Of Building Official 103.1 - Right of Entry The Building Official shall enforce the provisions of this code and he or his duly authorized representative may enter any building, structure, or premises to perform any duty imposed upon him by this code. 103.2 - Stop Work Orders Upon notice from the Building Official that work on any mechanical installation is being done contrary to the provisions of this code or in a dangerous or unsafe manner, such work shall be immediately stopped. Such notice shall be in writing and shall be given to the owner of such property, or to his agent, or the person doing the work, and shall state the conditions under which work may be resumed. Where any emergency exists, oral notice given by the Building Official shall be sufficient. 103.3 - Revocation of Permits The Building Official may revoke a permit or approval issued under the provisions of this act in case there has been any false statement or misrepresentation .as to any material fact in the application or plans on which the permit or approval was based. In all such cases permit fees shall not be refunded. 103.4 - Unsafe Installations All mechanical installations, regardless of type, which constitute a hazard to human life, health, or welfare are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the procedure as outlined in Section 103.4-Unsafe Buildings, of the Building Code. 103.5 - Requirements Not Covered by Code Any requirement necessary for the safety, strength or stability of an existing or proposed mechanical installation, or for the safety of the occupants of a building or structure, not specifically covered by this code, shall be determined by the Buildinc Official. 103.6 - Alternate Materials and Alternate Methods of Installations Alternate materials and alternate methods of installations shall be approved in accordance with this Section. (a) Existing Premises In existing buildings or premises in which mechanical installations are to be altered, repaired, or renovated, the Building Official has discretionary power to permit deviation from the provisions of this Code, provided that such a proposal to deviate is first submitted for proper determination in order that health and safety requirements, as they pertain to mechanical installations, •shall be observed. (b) Approval Provisions of this code are not intended to prevent the use of any material, device, method of assemblage or installation, fixture, or appurtenance not speci- fically authorized, provided such alternate has been approved by the Building Official. (c) Evidence of Compliance The Building Official shall require sufficient evidence to enable him to judge whether proposed alternates meet the requirements of this Code for safety and health. (d) Tests Where there is not sufficient evidence to substantiate claims for alternates, the Building Official may require tests of compliance as proof to be made by an approved agency at the expense of the applicant. Tests shall be made in accordance with generally recognized standards; but in the absence of such standards, the Building Official shall specify the test procedure. Tests may be required to be repeated if, at any time, there is reason to believe that an alternate no longer conforms to the requirements on which its approval was based. 103.7 - Liability Any officer or employee, or member of any Board, charged with the enforcement of this code, acting for the local governing body in the discharge of his duties, shall not thereby render himself liable personally and he is hereby relieved from all personal liability for any damage that may occur to persons or property as a result of any act required or permitted in the discharge of his duties. Any suit brought against any officer or employee because of such act performed by him in the enforcement of any provision of this code shall be defended by the City Attorney until the final termination of the proceedings. . Section 104 - Application For Permit 104.1 - When Required A person, firm, or corporation shall not do or cause to be done, any installations, alterations, repairs, or replacement of equipment or systems covered by the provisions of this code, without first having obtained the proper permit from the Building Official. Ordinary minor repairs may be made with the approval of the Building Official without a permit provided that such repairs shall not violate any of the provisions of this code. 104.2 - Permits Not Required Permits shall not be required for the following: 1. any electrical portable heating appliance; 2. any portable ventilation equipment; 3. any portable cooling unit; 4. any steam, hot or chilled water piping within any heating or cooling equipment regulated by this code; 5. replacement of any part which does not alter its approval or make it unsafe; 6. any portable evaporative cooler; 7. any self-contained refrigeration system containing ten (10) pounds or less of refrigerant and actuated by motors of one (1) horsepower or less; 8. where any industry occupies a site of twenty or more acres in the use of said plant site and the conduct of general operation is such that the plant site involves the assembly, disassembly, reassembly, alterations or improve- ments under the supervision of a Registered Professional Architect or a Registered Professional Engineer, no permit shall be necessary and no inspectioi shall be performed by the City for the erection of the plant or the assembly, disassembly, reassembly, remodeling, alterations or improvements of the plant or any portion thereof used in any manufacturing process, pilot plantuse, laboratory testing or use of any mechanical process equipment or laboratory testing of chemical or chemical manufacturing equipment. Any building used principally as office building, shipping docks, assembly room, warehousing, and not for any purpose related to the manufacturing or testing of equipment or operations, 'shall not be exempt under this section from the necessity of obtaining a permit and any construction or repair of any such building or structure shall be required to have a permit and shall be permitted only under a permit as for the same type of building elsewhere within the City Limits. In order to qualify for an exemption of the provisions hereof, an affidavit shall first be filed in the office of the Building Inspection Division of the Department of Inspections And Operations of the City of Corpus Christi, setting forth sufficient facts to show that the affiant is entitled to the exemption requested, on the form provided by the Department of Inspections and Operations. 9. Permits and inspections are not required for construction, repair or altera- tion of any building which is being used exclusively in connection with the ranching or agricultural use of any tract of land of ten acres or more in area, within the City of Corpus Christi, at the time of annexation so long as the entire premises being used for agricultural or ranching purposes at the time of annexation is not converted to any other use. Any building for residential occupancy shall not be exempt under this section from the requirements for permits and inspections. 104.3 - Form The applicant shall furnish information as may be required to complete the ap- plication forms by the Building Official. 104.4 - Drawings And Specifications (a) Whenever the Building Official concludes, from careful examination of the application only, that he is unable to ascertain whether the work for which the permit is requested complies with the Code, then the applicant shall furnish drawings and specifications of the work in duplicate. Such information on drawings and specifications shall be specific and this Code shall not be cited as a whole or in part, nor shall the term "legal" or its equivalent be issued as a substitute for specific information. (b) The Building Official may require details, computations, and other data necessary to describe the construction and basis of calculations and they shall bear the signature of the person responsible for the design. (c) All drawings, specifications, and accompanying data shall bear the name and address of the designer. In the case of buildings and structures classified under the building code as Group E -Educational, Group I -Institutional, and Group A -Assembly occupancies, and all buildings or structures four (4) stories or more in height or ten -thousand (10,000) square feet or more in area, except one and two family dwellings, such designer shall be an engineer registered in Texas and said drawings, specification. and accompanying data shall bear the engineer's seal. 104.5 - Examination of Drawings and Specifications The Building Official shall examine each application for permit and the drawings and computations filed therewith and shall ascertain by such examination whether the construction indicated and described appears to be in accordance with the requirements of this Code and all other pertinent laws or ordinances. Section 105 - Permits 105.1 - Action on Application (a) If the Building Official is satisfied that the work described in an application for permit and the drawings and specifications which may be filed therewith appear to conform to the requirements of this Code and all other pertinent laws and ordinances, he shall issue a permit therefor to the applicant. (b) If the applicant for permit and the drawings and specifications which may be filed therewith describes work which does not appear to conform to the requirements of this Code or other pertinent law or ordinance, the Building Official shall not issue a permit, but shall notify the applicant of his refusal to issue the permit and the specific reasons therefor. Such notification shall, when requested, be in writing. A permit issued shall be construed to be a license to proceed with the work and shall not be construed as authority to violate, cancel, alter, or set aside any of the provisions of this Code, nor shall such issuance of a permit prevent the Building Official from thereafter requiring correction of any error in plans or in construction, or of violations of this Code. Any permit issued shall become invalid unless the work authorized by it shall have been commenced within two (2) months after its issuance. Any permit issued shall become invalid if the work authorized by such permit is suspended or abandoned for a period of six (6) months after the time the work is commenced. Provided that for cause, one or more extensions of time for periods not exceeding ninety days each may be allowed by the Building Official. Permits are not transferable. 105.3 - Drawings To Be Kept At Site When the Building Official issues a permit, he shall endorse in writing or stamp both sets of plans "cleared". One set of drawings so cleared shall be re- turned to the applicant who shall keep said drawings at the site of the work and available for inspection by the Building Official or his authorized representative. 105.4 - Excessively Hazardous Or Complex Work Whenever the work to be covered by a permit involves construction under conditions which, in the opinion of the Building Official, are excessively hazardous or complex, the Building Official shall notify the owner. The owner shall require that the engineer who prepared the drawings and specifications shall then supervise such work, be responsible for its conformity with the approved drawings, and forthwith upon its completion make and file with the Building Official a written affidavit that the work has been done in conformity with the approved plans and the provisions of the Code. In the event such engineer is not available, the owner shall employ in his stead a competent person or agency whose qualifications are approved by the Building Official. Section 106 - Fees 106.1 - General A permit shall not be valid until the fees prescribed in this section shall have been paid; nor shall an amendment to a permit be approved until the additional fees, if any, shall have been paid. 106.2 - Square Foot Basis for Residential Construction The fee for permits for installation of mechanical systems in new construction of buildings classified under the building code as Group R - Residential Occupancy shall be two cents (20 per square foot of the main buildings, excluding garages. 106.3 - Schedule of Other Fees (a) Permit Fees: For issuing each permit $10.00 (b) In addition: 1. Fee for Heating, Ventilating, Duct, Air Conditioning and Refrigeration Systems shall be ten ($10.00) Dollars for the first one thousand ($1,000.00) dollars of valuation of the installation PLUS two ($2.00) Dollars for each additional one thousand ($1,000.00) Dollars or fraction thereof. 2. Repairs, alterations and additions to an existing system where cost is over five hundred ($500.00) dollars shall be two ($2.00) Dollars per each one thousand ($1,000.00) Dollars or fraction thereof in valuation plus five ($5.00) dollars. (c) Temporary Operation Inspection Fee: For inspecting a Heating, Ventilating, Refrigeration, or Air Conditioning System, a fee of Five ($5.00) Dollars shall be paid by the Contractor requesting such inspection. If the system is not approved for temporary operation on the first inspection, for each subsequent inspection for such purpose, the usual Re-Inspection Fee will be charged. (d) In buildings using self-contained air conditioning units less than two tons, the fee charged shall be that for the total cost of all units combined (see Paragraph (b) above for rate). Minimum fee shall be ten ($10.00) Dollars. (e) Boilers based on BTU Input: 33,000 BTU (1BHP) to 330,000 (10 BHP) $15.00 Over 330,000 BTU $35.00 (f) In the event that work for which a permit is required by this Code is commenced prior to the issuance of the required permit, then the permit fee shall be doubled. The collection made is to help defray the additional cost of inspecting work already done and issuing a permit under such circumstances and is not a penalty and is not preclusive of any remedy otherwise available to the City to enforce this Code. (grIn'the event that an inspection is made and the resultant discovery is that work for which a permit is required by this Code has been done but the re- quired permit has not been issued, then a $10.00 investigation fee shall be added to the permit fee. (h) When an inspection is made as required by this Code, and the work as com- pleted fails to pass so that an additional inspection is required, then a Five ($5.00) Dollar reinspection fee shall be charged. (1) Fees for permits which require inspection outside the City limits shall be increased by Ten ($10.00) Dollars. (j)Agencies of the federal, state, and county governments are exempt from the payment of fees in connection with the construction or repair of buildings used, owned, and located on government property. Permit fees for public schools and other political subdivisions having ad valorem tax-exempt status, and for church sanctuaries and all other State constitutionally exempted ad valorem tax entities shall be fifty (50%) per cent of the regular permit fee. (k) Fees for permits for installations in buildings or building components which are manufactured and inspected outside the City limits prior to being moved into the City may be increased by the Building Official once annually per manufacturing plant by twenty ($ .20) cents per mile plus Twenty ($20.00) Dollars per 200 miles for the distance between the City and the plant, to allow for annual in -plant inspections. (1) 75% of the permit fee may be refunded upon application within two months after. ' the permit is issued if no mechanical work is done. Section 107 - Inspections 107.1 - Inspection Required All new work and such portions of existing systems as may be affected by new work, or any changes, shall be inspected to insure compliance with all the requirements of this code and to assure that the installation and construction of the mechanical system is in accordance with approved plans. 107.2 - Notification (a) Advance Notice: It shall be the duty of the installer to give reasonable advance notice to the Building Official when work is ready for test or inspection. '(b) Installer's Responsibility: It shall be the duty of the installer to make sure that the work will stand the test prescribed before giving the above notice. (c) Retesting: If the Building Official finds that the work will not pass the test, the installer shall be required to make necessary corrections and the work shall then be resubmitted for inspection. Where additional inspections are necessary fee for each such inspection as per fee for retesting there shall be an additional schedule in Section 106. 107.3 - Material and Labor Inspections The equipment, material, power, and labor necessary for the shall be furnished by the installer. 107.4 - Inspections All equipment for which and, when in compliance with of any equipment intended to shall not be concealed until inspection and test a permit is obtained under this code shall be inspected this code, approved by the Building Official. Any portion be concealed by any permanent portion of the building inspected and approved by the Building Official or certified by a nationally recognized approved agency. When installation of any equip- ment is complete, a final inspection shall be made. Equipment regulated by this code shall not'be connected to the fuel or power supply and placed in normal operation until it complies with all applicable requirements of this code. and a final inspection approval has been issued. A final inspection.approval may, upon notice, be revoked by the Building Official if it is found that the mechanical system fails in any respect to comply with the requirements of this code, so that the installation is unsafe, dangerous, or hazardous to -life. The Building Official may accept inspection certification reports from a nationally recognized approval agency, in lieu of on-site inspection when on-site inspection is impractical. Section 108 - Certificate Of Approval 108.1 - Final Inspection .Upon satisfactory completion and final inspection of the mechanical installation, a certificate of approval shall be issued by the Building Official. The building shall not be occupied prior to completion of said system and/or issuance of certificate of approval. 108.2 - Temporary Approval A temporary certificate of approval may be issued for a portion or portions of a mechanical system which may be safely operated prior to final completion of the Building. Section 109 - Mechanical Advisory Board Refer to Section 110 of the Plumbing Code." b. Paragraph (e) of subsection 306.4 - Motors, Fans, and Filters, is hereby amended to read as follows: "(e) Rotary fans without fan blade protection shall provide for not less than seven (7) feet of clearance from the finished floor level to the bottom side of the unprotected fan blades." SECTION 2. Ordinance No. 14151, passed and approved on February 6, 1979, as amended, which is the Plumbing Code of the City of Corpus Christi, is hereby amended by amending Section 110 -Plumbing Advisory Board of Chapter 1 - Administration under Section 2 of Ordinance No. 14151, said Section 110 to hereafter read 'as follows: "Section 110 - Mechanical Advisory Board 110.1 - Mechanical Advisory Board (a) There is hereby created the "Mechanical Advisory Board", consisting of ten (10) persons who shall be appointed by the City Council. (b) The persons appointed shall be qualified as follows: (1) Three (3) persons, each of whom shall have had at least five (5) years of active experience as a Plumber licensed in the State of Texas, at least three (3) years of which shall have been in Corpus Christi, and currently active in the plumbing trade. At least two (2) of these persons shall be licensed as Master Plumbers. (2) One (1) person who shall have had at least five (5) years of active experience as a Mechanical Engineer, who is registered as a Professional Engineer in the State of Texas. (3) One (1) person who shall have had at least five (5) years experience in the Nome Building Industry and one (1) person who shall have had at least five (5) years experience in the Commercial Building Industry. (4) Three (3) persons who shall have had at least five (5) years experience in the heating, ventilation, air conditioning, and refrigeration contracting business. (5) One (1) person not connected with the building industry. 110.2 - Tenure Of Office Terms shall be two (2) years. The terms of all members shall continue until their successors are appointed. Any member of the Board may be removed by the City Council. Vacancies on the Board shall be filled for unexpired term by appointment by the City Council. 110.3 - Organization Of The Mechanical Advisory Board After the appointment of said Board, it shall meet as soon as practicable and from its membership select a Chairman and Vice -Chairman and prescribe a procedure and order of business. 110.4 - Powers And Duties It shall be the duty of the said Board to fix the date of meetings to be held. The Board shall advise the City Council and City Manager regarding any matter in the plumbing and mechanical fields which it feels should be brought to the attention of the City Council. The Board shall prescribe a procedure for hearing appeals from the decisions of the Building Official in regard to interpretation of the Plumbing Code and the Mechanical Code. Both the Building Official and the individual filing an appeal shall have the right to appeal the decision of the Board to the City Council as prescribed by Article V, Section 15, City Charter. 110.5 - Quorum Five (5) members of the Board present at any meeting shall constitute a quorum for the transaction of business. The concurring vote of not less than five (5) members shall be necessary to constitute an official action of the Board. 110.6 - Records The Board shall keep records of all transactions and business." •SECTION 3. Any person, firm, or corporation who violates a provi- sion of this code or fails to comply therewith or with any of the requirements thereof, or who installs or maintains mechanical systems within the scope of this code in violation of a detailed statement or plans submitted and approved thereunder, shall be guilty of a misdemeanor and shall be fined not more than $200. Each such person, firm or corporation shall be 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. The owner or owners of any mechanical systems failing to comply with anyofthe provisions of this code, and the owner or owners of any premises wherein a violation of this code occurs, and any architect, engineer, designer, contractor, agent, person, firm, or corporation employed in connection therewith and who has assisted in the commission of any such violation, shall be guilty of a sep- arate offense. SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 5. This ordinance shall have an effective date of March 1, 1980, after its final passage and publication one time in the official publication of the City of Corpus Christi, which publication shall contain the caption stating in summary the purpose of the ordinance. That the foregoing ordinance w s read for e first time and passed to its second reading on this the' /i day of 19 '/y , by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky That the foregoing ordinance was read for third reading on this the //._ day of following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky secon0 time an0 passed to its L, 19// , by the LeJ (/A P/ That the foregoing ordinance -was read for the third time and passed finally on this the / 9 day of_ l_ ,! ,/ / , 19 ' j , by the following vote: Luther Jones Edward L. Sample v� Dr. Jack Best //� -ice David Diaz /,/./s,9 Jack K. Dumphy �fA� Betty N. Turner f% Cliff Zarsky PASSED AND APPROVED, this the /I day of , 19 . ATTEST: City Secretary APPROVED: /4C DAY OF7iktrza 1977: �/ J. BRUCE AYCOCK, CITY ATTORNEY By Assistant Ci MAYOR /� / ,/ HE CI(F CORPUS CHRISTI, TEXAS 152E STATE OF TEXAS, County of Nueces. PUB,LISHER'S AFFIDAVIT }ss: Before me, the undersigned, a Notary Public, this day personally came Elma Rodela , who being first duly sworn, according to law, says that he is the Accounting Clerk of the Corpus Christi Caller and The Corpus Christi Times. Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of Notices OF PASSAGE OF ORDINANCE NO. 15267 ADOPTING THE STANDARD MECHANICAL CODE, : of which the annexed is a true copy. was published in on the 24th day of December 1979 ., and once each $ttltl�•. consecutive 1 Times. 23.80 Elora Rodela 1p Cr—) Accounting Clerk Subscribed and sworn to before me this 28th day of December 19 79 Lois Winn �--•• ---- �j�/[�,i✓_ Notary P,tbhNueces ounty. Texas n _.