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HomeMy WebLinkAbout19288 ORD - 04/29/1986AN ORDINANCE ADOPTING THE STANDARD MECHANICAL CODE, 1985 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 JUNE 1, 1986. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the book entitled "Standard Mechanical Code, 1985 edition (copies of which are made a public record by this ordinance of the City Council, and are on file in the City Secretary's Office) 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. 05P.001.01 1928 MICROFILMED 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 anymechanical 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. 05P.001.01 103.5 - Requirements not Covered by Code Any requirement necessary for the strength or stability of an existing or proposed building or structure, or for the safety or health of the occupants thereof, not specifically covered by this Code, shall be determined by the Building 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 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 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 05P.001.01 3 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. 104.2 - Permits Not Required (a) Ordinary minor repairs may be made without a permit, as outlined in paragraph 104.2(b). The making of such ordinary minor repairs without a permit but otherwise in compliance with the Code technical requirements shall not be deemed violative of this Code. (b) 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 individual component part or composite component part within an approved assembly unit, in which its replacement and replacement part do not alter its original approval or make it unsafe and complies with this code. This exception shall not be construed to include replacement of a complete assembly unit such as a condensing unit, furnance, or other such assembly units as assembled by the original equipment manufacturer. 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; (c) 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 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. 05P.001.01 4 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. (d) 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. (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. 05P.001.01 5 • (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. 105.2 - Permits - To Whom Issued Licensing of mechanical contractors is regulated by the Air Conditioning Contractors License Law, Texas Civil Statutes, Article 8861. 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. 105.3 - Identification of Trucks (a) Each license shall be displayed at the contractor's place of business as listed with the commissioner. (b) Each licensed contractor shall display the license number and class of license in letters not less than two inches in height on both sides of all vehicles, and/or posted at the job site, visible and readable from the nearest public street. 105.4 - Permits for Part Jobs When one person licensed as an Air Conditioning Contractor obtains a permit and partially completes the work authorized by said permit, and then a second person licensed as an Air Conditioning Contractor is called upon to complete the work, a second permit shall be required. Each person shall be responsible for the work he installed. When issuing the second permit, the Building Official shall notify the holder of the first permit that the second permit is to be issued. The issuance of the second permit shall cancel the first permit, and no refund of fees shall be made. 05P.001.01 6 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 - Schedule of Permit Fees On all Mechanical installations or alterations requiring a mechanical permit, a fee for each mechanical permit shall be paid as required in accordance with the schedule prescribed by separate ordinance. Said schedule shall set forth other fees for which payment is required by this Code or otherwise provided for by ordinance. 106.3 - Failure to Obtain a Permit In the event that work for commenced prior to the issuance shall be doubled. The collection inspection work already done and is not a penalty and is not precl City to enforce this Code. which a permit is required by this Code is of the required permit, then the permit fee made is to help defray the additional cost of issuing a permit under such circumstances and usive of any remedy otherwise available to the 106.4 - Investigation Fee 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 an investigation fee shall be added to the permit fee. 106.5 - Reinspection Fee When an inspection is made as required by this Code and it has been found that the portion of construction for which an inspection was requested is not complete, or when corrections called for are not made, or when the premises are not made readily accessible for inspection, and a reinspection is therefore required, then the permit holder or his agent shall pay a reinspection fee prior to the conducting of said reinspection. SECTION 107 - 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. 05P.001.01 7 •.. 107.1 - 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. 107.2 - Material and Labor Inspections The equipment, material, power, and labor necessary for the inspection and test shall be furnished by the installer. 107.3 - 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 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. 05P.001.01 8 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." SECTION 2. That Ordinance No. 17821, adopted September 7, 1983, is hereby repealed, and Sections 13-226 through 13-243 of the Code of Ordinances, City of Corpus Christi, are 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 March 1, 1986, 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. 05P.001.01 9 • That the foregoing ordinance waA read for4he first time and P sed to its second reading on this the ?,S day of /It,aj. , 19No , by the following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong That the foregoing ordinance w s read for e second time andssed to its third reading on this the day of , 19�G , by the following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong That the fore O ng ordinanc as read for the ythird time and passed finally on this the Ern. day of `l.1_ , 19� , by the following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong PASSED AND APPROVED, this the 21- day of 44.l , 19 YA‘ ATTEST: a City Secretary APPROVED: 2DAY OF ity 'ttorney MAYOR THE CITY OF CORPUS CHRISTI, TEXAS 19288 PUBLISHER'S AFFIDAVIT STATE OF TEXAS, County of Nueces. }ss: AD# 29724 CITY OF CORPUS CHRISTI' CITY SECRETARY • Before me, the undersigned, a Notary Public, this day personally came.. MURIEL LA RUE who being first dulysworn. SENIOR ACCOUNTING CLERK ra. according to law, says 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. 1,4288 of which the annexed is a true copy, was published in %�a lz -�� __Pb on the.__5thday of...._. MAY 19_$6., tt and once each. . ......thereafter for ae....._ consecutive. day ONE 26 45 Times. MURIEL LA RUE Subscribed and sworn to before me this EDNA KOSTER .11-30-88 6th daylof MAY 19 86 .[.fid Notary Public, Nuecekcounty, Texas / 23g567e /N o C/7), Ar18 ' 1 r1, 01 F4OFce N's c /c N i