ORD 991 09/13/2011 O F C/
A.y "uu"'"4.,. O
* �� fir'O
Te X PS
"City of Choice"
THE INTERNATIONAL MECHANICAL CODE ORDINANCE NO.991
AN ORDINANCE OF THE CITY OF CIBOLO AMENDING CHAPTER 14 OF
THE CITY'S CODE OF ORDINANCES; ADOPTING THE 2009 EDITION OF
THE INTERNATIONAL MECHANICAL CODE, REGULATING AND
GOVERNING THE DESIGN, CONSTRUCTION, QUALITY OF MATERIALS,
ERECTION, INSTALLATION, ALTERATION, REPAIR, LOCATION,
RELOCATION, REPLACEMENT, ADDITION TO, USE OR MAINTENANCE
OF MECHANICAL SYSTEMS IN THE CITY OF CIBOLO; PROVIDING FOR
PENALTIES FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR
THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFOR;
REPEALING ALL ORDINANCES AND REGULATIONS IN CONFLICT AND
THAT THIS ORDINANCE IS CUMULATIVE OF ALL OTHER ORDINANCES
OF THE CITY NOT IN CONFLICT WITH THE PROVISIONS OF THIS
ORDINANCE.
WHEREAS,the City of Cibolo is a Home Rule Municipality located in Guadalupe County, Texas, created
in accordance with provisions of the Texas Local Government Code and operating pursuant to its adopted
City Charter and all applicable laws and enabling legislation of the State of Texas; and
WHEREAS, the City of Cibolo is governed by a Home Rule Charter that was approved by the Citizens of
Cibolo in a duly called election held on September 11,2004; and
WHEREAS, Chapter 54.001 of the Texas Local Government Code provides the general authority for the
City of Cibolo to enforce each rule, ordinance, or police regulation of the City of Cibolo and to punish a
violation of a rule, ordinance, or police regulation; and
WHEREAS,the City of Cibolo,Texas seeks to protect the health, safety, and welfare of the citizens of the
City of Cibolo; and
WHEREAS, the City of Cibolo, Texas seeks to regulate and govern the design, construction, quality of
materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or
maintenance of mechanical systems in the in the occupancy of buildings and premises in the City of
Cibolo.
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF CIBOLO DOES HEREBY
AMEND THE CITY'S CODE OF ORDINANCES AS FOLLOWS:
Page 1 of 4
Section 1. Code Amendment
That the Cibolo Code of Ordinances Section 14-2(a) is hereby amended to add a new subsection to read
as follows:
(1) That a certain document,three(3) copies of which are on file in the office of the Building Official
of Cibolo, being marked and designated as the International Mechanical Code, 2009 edition,
including Appendix Chapters A, as published by the International Code Council,be and is hereby
adopted as the Mechanical Code of the City of Cibolo, in the State of Texas regulating and
governing the design, construction, quality of materials, erection, installation, alteration, repair,
location,relocation,replacement, addition to,use or maintenance of mechanical systems as herein
provided; providing for the issuance of permits and collection of fees therefore; and each and all
of the regulations, provisions, penalties, conditions and terms of said Mechanical Code on file in
the office of the Building Official of the City of Cibolo are hereby referred to, adopted, and made
a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and
changes, if any,prescribed in(a), (b)and(c)of this ordinance.
(a) That the following sections and/or sub-sections are hereby revised to read as follows:
101.1 Title. These regulations shall be known as the Mechanical Code of Cibolo,hereinafter
referred to as "this code".
106.5.2 Fee schedule. The fees for mechanical work shall be as indicated in the adopted Fee
schedule.
106.5.3 Fee refunds is amended by referring to the adopted Fee Schedule for Refund policy.
108.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to
comply with any of the requirements thereof or who shall erect, install, alter or repair
mechanical work in violation of the approved construction documents or directive of the
code official, or of a permit or certificate issued under the provisions of this code, shall be
guilty of a Class C Misdemeanor, punishable by a fine of not more than$500.00 dollars.
Each day that a violation continues after due notice has been served shall be deemed a
separate offense.
108.5 Stop work orders. Upon notice from the code official that mechanical work is being
done contrary to the provisions of this code or in a dangerous or unsafe manner, such
work shall immediately cease. Such notice shall be in writing and shall be given to the
owner of the property, or to the owner's agent, or to the person doing the work. The
notice shall state the conditions under which work is authorized to resume. Where an
emergency exists, the code official shall not be required to give a written notice prior to
stopping the work. Any person who shall continue any work on the system after having
been served with a stop work order, except such work as that person is directed to
perform to remove a violation or unsafe condition, shall be liable for a fine of not less
than$100.00 dollars or more than$500.00 dollars.
109.2 Membership of board is amended to read as follows:
109.2 Membership of board. The City Council may act as the board of appeals, or the
_ board of appeals shall consist of five members appointed by the chief appointing
authority as follows: one for five years; one for four years; one for three years; one for
Page 2 of 4
two years; and one for one year. Thereafter, each new member shall serve for five years
or until a successor has been appointed.
306.3 Appliances in attics. Attics containing appliances requiring access shall be provided
with an opening with a permanent ladder and a clear and unobstructed passageway large
enough to allow removal of the largest appliance. The passageway shall not be less than
30 inches (762 mm) high and 22 inches (559 mm) wide and not more than 20 feet (6096
mm) in length measured along the centerline of the passageway from the opening to the
appliance. The passageway shall have continuous solid flooring not less than 24 inches
(610 mm) wide and not less than 3/4-inch (19 mm) thick. A level service space not less
than 30 inches (762 mm) deep and 30 inches (762 mm) wide and not less than 3/4-inch
(19 mm) thick shall be present at the front or service side of the appliance. 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.
The exceptions to remain.
501.2 Exhaust discharge is amended as follows:
501.2 Exhaust discharge. The air removed by every mechanical exhaust system shall be
discharged outdoors at a point where it will not cause a nuisance and not less than the
distances specified in Section 501.2.1. The air shall be discharged to a location from
which it cannot again be readily drawn in by a ventilating system. Air shall not be
exhausted into an attic, soffit or crawl space.
The exceptions to remain.
505.1 Domestic systems is amended by amending exception 2.4 to read as follows:
2.4 The PVC duct shall extend not greater than 1 inch (25 mm) above grade outside of the
building. Termination extending within 6 inches of finished grade shall have a
permanent solid barrier installed under the vent opening at ground level a minimum 2.25
square feet(0.209 m2)but not less than the width of the vent opening.
(b) That all references to the ICC Electrical Code are deleted and shall reference the current
adopted version of the National Electric Code(NEC)NFPA 70.
(c) That all references to the International Plumbing Code are deleted and shall reference the
current adopted Uniform Plumbing Code.
Section 2. Cumulative.
That this ordinance shall be cumulative of all provisions of the City of Cibolo, Texas, except where the
provisions of this Ordinance are in direct conflict with the provisions of such Ordinances, in which event
the more restrictive provision shall apply.
Section 3. Severability
That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be
unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. _
The City Council hereby declares that it would have passed this ordinance, and each section, subsection,
Page 3 of 4
clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences,
clauses and phrases be declared unconstitutional.
Section 4. Continuation of Existing Regulations.
That nothing in this ordinance or in the Mechanical Code hereby adopted shall be construed to affect any
suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or
causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 3 of
this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by
this ordinance.
Section 5. Effective Date.
That this ordinance and the rules, regulations, provisions, requirements, orders and matters established
and adopted hereby shall take effect and be in full force and effective upon the passage by the City
Council of the City of Cibolo,Texas and being twice published in the City's newspaper of record.
PASSED AND APPROVED on this the 13th day of Septe3mber,2011.
APPROVED:
9444
Jennifer Hartman
Mayor
ATTEST:
r7P4-7
Peggy Cimics
City Secretary
APPROVED AS TO FORM ' ;}.
City Attorney's Office
Page 4 of 4