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ORD 782 12/12/2006 INTERNATIONAL FUEL GAS CODE ORDINANCE NO. 7 8 2 AN ORDINANCE OF THE CITY OF CIBOLO ADOPTING THE 2006 EDITION OF THE INTERNATIONAL FUEL GAS CODE, REGULATING AND GOVERNING FUEL GAS SYSTEMS AND GAS-FIRED APPLIANCES 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 ORDINANCE NO. 541 OF THE CITY OF CIBOLO 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 regulate and govern fuel gas systems and gas-fired appliances in the occupancy of buildings and premises in the City of Cibolo. The City Council of the City of Cibolo does ordain as follows: Section 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 Fuel Gas Code, 2006 edition, including Appendix Chapters A, B, C, and D, as published by the International Code Council, be and is hereby adopted as the Fuel Gas Code of the City of Cibolo, in the State of Texas for regulating and governing fuel gas systems and gas-fired appliances as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Fuel Gas 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 Section 2, 3, and 4 of this ordinance. Section 2. That the following sections and/or sub-sections are hereby revised to read as follows: Section 101.1 Title. These regulations shall be known as the Fuel Gas Code of Cibolo, hereinafter referred to as "this code". Section 106.5.2 Fee schedule. The fees for work shall be as indicated in the following schedule. Fee Schedule: See City Fee Schedule. Section 106.5.3 Fee refunds. The code official shall authorize the refunding of fees as follows. 1. The full amount of any fee paid hereunder which was erroneously paid or collected. Page 1 of 3 2. Not more than fifty (50%) percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. 3. Not more than fifty (50%) percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended. The code official shall not authorize the refunding of any fee paid, except upon written application filed by the original permittee not later than 180 days after the date of fee payment. Section 108.4 Violation penalties. Persons who shall violate a provision of this code, fail to comply with any of the requirements thereof or erect, install, alter or repair 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 $1000.00 dollars. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Section 108.5 Stop work orders. Upon notice from the code official that 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. Section 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 two years and one for one year. Thereafter, each new member shall serve for five years or until a successor has been appointed. Section 301.14 Rodentproofmg. Buildings or structures and the walls enclosing habitable or occupiable rooms and spaces in which persons live, sleep or work, including interior and exterior walls, closets, utility rooms, or in which feed, food or foodstuffs are stored, prepared, processed, served or sold, shall be constructed to protect against rodents in accordance with the International Building Code. Section 307.5 Auxiliary drain pan. All auxiliary drain pans shall be elevated above the floor or deck so as to provide air flow under the auxiliary drain pan. Category IV condensing appliances shall be provided with an auxiliary drain pan where damage to any building component will occur as a result of stoppage in the condensate drainage system. Such pan shall be installed in accordance with the applicable provisions of Section 307 of the International Mechanical Code. Exception: An auxiliary drain pan shall not be required for appliances that automatically shut down operation in the event of a stoppage in the condensate drainage system. Section 3. That all references to the ICC Electrical Code read as follows: ICC Electrical Code or NFPA 70 as adopted by the City of Cibolo. Where conflicts arise between codes the more stringent shall govern. That all references to the standards of the National Fire Protection Association shall be the most recent additions on file in the office of the Fire Marshal. Page 2 of 3 Section 4. That all pressure gauges installed or used for testing shall have the working range in the middle third of the gauges minimum and maximum pressure ends. Section 5. That Ordinance No. 541 of Cibolo entitled International Fuel Gas Code is hereby repealed. Section 6. 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 7. 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, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 8. That nothing in this ordinance or in the Fuel Gas 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 5 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired ' or affected by this ordinance. Section 9. That the City Secretary is hereby ordered and directed to cause this ordinance to be published. Section 10. 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 immediately upon the passage and approval of the City Council of the City of Cibolo,Texas. AND IT IS SO ORDAINED. PASSED AND APPROVED by a vote of Jc' for to O against this I a- day of DecefrY,/ r ,2006. APP' r' D: 11114 J ,4 J'olefir Sutton,Mayor ir A1,5 2_,_:, _5 Cimics, City Secretary Page 3 of 3