HomeMy WebLinkAbout17821 ORD - 09/07/1983AN ORDINANCE
ADOPTING THE STANDARD MECHANICAL CODE, 1982 EDITION, WITH
CERTAIN CHANGES THEREIN AND ADDITIONS THERETO, AS THE
MECHANICAL CODE OF THE CITY OF CORPUS CHRISTI; AND
PROVIDING FOR AN EFFECTIVE DATE OF NOVEMBER 1, 1983.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the book entitled "Standard Mechanical Code, 1982
edition (a copy of which is made a public record by this section) is hereby
adopted as fully as if copied at length in this ordinance, but with Chapter 1
- ADMINISTRATION 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
constitute and be known and may be cited as "The Mechanical Code of the City
of Corpus Christi", 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 system.
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.
17821
Rrp 281984
.JROfILMED
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 hereinafter 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 Department.
102.2 - Restriction On Employees
No employee of the Building Inspection Department 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 is authorized to enter any building, structure, or
premises to perform any duty imposed 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 the owner's agent, or the person doing the work, and shall state the
conditions under which work may be resumed. Where any emergency exists, oral
notice shall be sufficient.
103.3 - Revocation of Permits
The Building Official may revoke a permit or approval issued under
the provisions of this code, if 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.
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 or demolition.
2
103.5 - Reserved
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 may authorize deviations from the provisions of this
Code, provided that a proposal to deviate is first submitted for
approval, and that such deviation is consistent with health and safety
standards as they pertain to mechanical installations.
(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 specifically authorized, provided such
alternate has been approved.
(c) Evidence of Compliance
An application for approval shall include evidence that the
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 City of Corpus Christi in the
discharge of duties, shall not thereby be rendered liable personally and is
hereby relieved from all personal liability for any damage that may occur to
3
persons or property as a result of any act required or permitted in the
discharge of duties. Any suit brought against any officer or employee
because of such act performed 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
(a) 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;
(b) 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
improvements under the supervision of a Registered Professional Architect
or a Registered Professional Engineer, no permit shall be necessary and
no inspection 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 plant use, laboratory testing or use of any
4
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 Official,
setting forth sufficient facts to show that the affiant is entitled to
the exemption requested, on the form provided by the Building Official.
(c) Permits and inspections are not required for construction, repair or
alteration 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 application forms furnished by the Building Official.
104.4 - Drawings And Specifications
(a) The applicant shall furnish drawings and specifications of the work
if needed to ascertain whether the work for which the permit is requested
complies with the Code. Information on such 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.
5
(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, and when otherwise
required by the Texas Engineering Practice Act, such designer shall be an
engineer registered in Texas and said drawings, specifications and
accompanying data shall bear the engineer's seal.
Section 105 - Permits
105.1 - Action on Application
(a) If 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, the
Building Official shall issue a permit therefor to the applicant.
(b) If the application 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
refusal to issue the permit and the reasons therefor. Such notification
shall, when requested, be in writing.
(c) 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 with 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.
6
105.2 - Permits - To Whom Issued
Licensing of mechanical contractors is regulated by the Mechanical
Licensing Ordinance of the City of Corpus Christi. If an application for a
permit indicates that the work to be done is required by said ordinance to be
performed by a licensed contractor, then the Building Official shall issue
the permit only if the applicant holds the required license.
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 2.6¢ 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
7
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) $20.00
Over 330,000 BTU 45.00
(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.
(g) In 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 required 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
completed fails to pass so that an additional inspection is required,
then a six ($6.00) dollar reinspection fee shall be charged.
(i) Fees for permits which require inspection outside the City limits
shall be increased by fifteen ($15.00) dollars.
(j) Agencies of the federal, state, and county governments are exempt
from the payment of fees in connection with the construction or
repair of buildings used, owned, and located on government property.
Permit fees for public schools and other political subdivisions
having ad valorem tax-exempt status, and for church sanctuaries and
all other State constitutionally exempted ad valorem tax entities
shall be fifty (50%) percent of the regular permit fee.
(k) Fees for permits for installations in buildings or building
components which are manufactured and inspected outside the city
limits prior to being moved into the City may be increased by the
8
Building Official once annually per manufacturing plant by thirty
($.30) cents per mile plus thirty ($30.00) dollars per 200 miles for
the distance between the city and the plant, to allow for annual
in-plant inspections.
(1) A mechanical permit may be cancelled upon written application by the
applicant at any time within sixty (60) days of the date of its
issuance. If no work has been done under such permit, a refund may
be paid when formally requested in writing by the applicant, provided
that the City shall retain twenty dollars ($20.00) to cover the cost
of auditing the fee and preparing the request for refund.
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 the 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 work will not pass the test, the installer
shall make necessary corrections and the work shall then be resubmitted for
inspection. Where additional inspections are necessary for retesting there
shall be an additional fee for each such inspection.
107.3 - Material and Labor Inspections
The equipment, material, power, and labor necessary for the
inspection and test shall be furnished by the installer.
107.4 - Inspections
All equipment for which a permit is obtained under this code shall be
inspected. Any portion of any equipment intended to be concealed by any
permanent portion of the buildings shall not be concealed until inspected and
9
approved. When installation of any equipment 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.
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
109.1 - Mechanical Advisory Board
"Mechanical Advisory Board" shall mean the Mechanical Advisory Board
appointed by the City Council.
109.2 - Power And Duties
It shall be the duty of the Mechanical Advisory Board to advise the City
Council and City Manager regarding any matter in the mechanical field which
it feels should be brought to the attention of the City Council. The
Mechanical Advisory Board shall prescribe a procedure for hearing appeals
from the decisions of the Building Official in regard to interpretation of
this code. Both the Building Official and the individual filing an appeal
shall have the right to appeal the decision of the Mechanical Advisory Board
to the City Council."
10
SECTION 2. That Ordinance No. 15267, adopted December 19, 1979, is
hereby repealed.
SECTION 3. Any person, firm, or corporation who violates a
provision 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 filing to comply with any of
the 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 separate 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
November 1, 1983, 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.
11
That the foregoing ordinance
second reading on this the c
following vote:
ipj read for
'nay of
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
That the foregoing ordinance was read for the econd e and passed to its
third reading on this the day of , 19 , b,- the
following vote:
Luther Jones
Betty N. Turner
Jack K. Dump
first—ti e and p ssed to its
, 193 , by the
Bob Gul
y
He••ert L. Ha ins, Jr.
Dr. Charl- W. Kennedy
Cliff Zarsky
That the foregoing ordinance wa
on this the day of
Luther Jones
Betty N. T ner
Jack K Dumphy
Bo Gulley
Herbert L. Hawki , Jr.
Dr. Charles t Kennedy
Cliff Zar
y
ime and passed final
, by the following v.f'e:
PASSED AND APPRI ED, this the day of , 19
ATTEST:
City Secretary
RO ED:
AY OF
J. BRUCE AYCOCK, ajITY ATTORNEY
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
That the foregoing ordina was read for th- first time and pass:. to its
second reading on this a day of , 19 , by the
following vote:
Luther Jones Herbert L. Haw ns, Jr.
Betty N. urner Dr. Char s W. Kennedy
Dav'. Berlanga, Sr
eo Guerrero
Jo - cComb
Frank Mendez
Mary Pat Slavik
That the foregoing ordinance was read for t second time and pa sed to its
third reading on this the o3 / day of , ,, — , 19 1/41, by the
following vote:
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
That the for�99yng ordinancwa read or the t�yjld time and passed finally
on this the day o /- �� , 194, , by the following vote:
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
PASSED AND APPROVED, this the / day of
ATTEST:
APPROVED:
DAY OF
, 19 .
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
17821
M
PUBLISHER'S ,AFFIDAVIT
AD#24104
City, of C.C.
STATE OF TEXAS, }68 ,
County of Nueces. )J
Before me, the undersigned, a Notary Public, this day personally came
GRACIE DE LUNA who being first duly sworn, according to law, says that he is the
ADM. ASST. SECRETARY 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
NOTICE OF PASSAGE OF ORDINANCE NO. 17821...
of which the annexed is a true copy, was published in
CALLER -TIMES PUBL. CO.
on the. ...- day of
consecutive
One Timms
Sept.
19 8 3., and once each. day thereafter for
day
$-_ 28.71
GRACIE DE LUNA
ADM. ASST. SECRETARY
Subscribed and sworn to before me this 3rd d , of O ober 19 8.3_
nv
EDNA KOSTER ......
Notary Public, County, Texas