§ 21-2. [Amendments.]

The following sections of the 2015 International Plumbing Code adopted in section 21-1 are amended as follows:

1.

Section 103.1 General is adopted, except that the term "department of plumbing inspection" is replaced with the term "planning department". The planning director shall serve as the code official for purposes of the administration of this code.

2.

Section 106.1 When required is amended to read as follows:

Any owner, authorized agent or contractor who desires to construct, enlarge, alter, repair move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any plumbing system, the installation of which is regulated by this code or to cause any such work to be done, shall first make application to the code official and obtain the required permit for the work.

All persons who obtain a permit regulated by this code shall possess a responsible master plumbing license in accordance with the provisions of the Texas Occupations Code Chapter 1301.

A property owner is not required to be licensed under Texas Occupations Code Chapter 1301 for the performance of plumbing repairs on their property.

3.

Section 105.1 Modifications is amended to read as follows:

Whenever there are practical difficulties involved in carrying out the provisions of this code, the code official shall have the authority to grant modifications for individual cases, provided that the code official shall first find that special individual reason makes the strict letter of this code impractical and that the modification is in conformity with the intent and purpose of this code and that such modification does not lessen the health, life, and fire safety requirements. The details of the action granting the modification shall be recorded and entered in the files of the department.

The request for modification shall be submitted in writing to the code official and shall contain the following information:

a.

The applicable code section.

b.

A detailed description of the prescriptive path required by the specific section of the applicable code for which the modification is sought.

c.

The purpose of the prescriptive path.

d.

A description of the modification request, including detailed documentation that includes the following:

i.

The practical difficulty involved in carrying out the provisions of the code.

ii.

The special individual reason that makes the application of the code impractical. Impractical is defined as a code requirement that is incapable of being accomplished without extreme hardship. Extreme hardship may include expense, but this specific form of hardship shall be supported by a cost-to-benefit analysis.

iii.

The modification is in compliance with the intent and purpose of the code. Documentation in support of the request shall be provided from nationally recognized standards referenced in the International Plumbing Code (IPC) and the International Fire Code (IFC).

iv.

The modification does not lessen health, accessibility, life and fire safety, or structural code requirements.

v.

The modification is not intended to permit setting aside or ignoring a code provision; rather, it is intended to provide acceptance of equivalent protection. Such modifications shall not extend to actions that are necessary to correct violations of the code. A code violation, or the expense of correcting a code violation, or construction undertaken that is not in conformance with approved plans, shall not constitute a practical difficulty.

4.

Section 105.2 Alternative materials, methods, and equipment is amended to read as follows:

The provisions of this code are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material or method of construction shall be approved where the code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety.

The request for the use of alternative materials, design, and methods of construction and equipment shall be submitted in writing to the code official and shall contain the following information:

a.

The applicable code section.

b.

A detailed description of the prescriptive path required by the specific section of code for which the alternative method is sought.

c.

The purpose of the prescriptive path.

d.

A description of the alternative method request, including detailed documentation that includes the following:

i.

Demonstration that the alternative addresses the safety of building occupants.

ii.

Demonstration that the alternative offers equivalent performance as that required by the code.

iii.

A report in support of the request shall be provided that contains evidence of this equivalency. This report shall comply with the directive contained in IBC Section 104.11.1.

iv.

The alternative provides an equivalent level of protection for the public health, safety and welfare as required by the code.

5.

Section 106.6.2 Fee Schedule is repealing in its entirety to read as follows:

The fees for all plumbing work shall be as indicated in the following schedule:

a.

Plumbing inspection fee: $450.00

b.

Re-inspection fee, for each re-inspection: $150.00

6.

Section 109.1 Application for appeal is amended to read as follows:

A.

The City of Eagle Pass Building Codes Council (BCC) is hereby created in and for the City of Eagle Pass.

The BCC shall have the sole authority to hear and decide appeals concerning the interpretation, administration and enforcement of this code .

B.

Composition. The persons selected to serve on the BCC shall possess knowledge of the international building codes and the national electrical code, and shall be drawn from the following fields of expertise:

(1)

One registered electrical contractor who is an active master electrician

(2)

Two registered contractors with knowledge of the building codes

(3)

One local business person

(4)

One architect or engineer

The planning director or their designee shall serve as the secretary for the BCC.

C.

Appointment. The members of the BCC shall be appointed by the city council.

D.

Tenure of office. The members of the BCC shall hold office for a term of two (2) years from the date of their confirmation until the date or re-appointment, or until their successors have been appointed by the city council. No BCC member shall serve more than two (2) consecutive terms.

E.

Removal. Any member of the BCC may be removed for cause by the city council upon the receipt of a recommendation of such removal for cause by the city manager, or may be removed by the city Council without such recommendation if the city council finds that the removal of a member or members is in the public interest.

F.

Quorum. Four (4) members of the BCC shall be present at any meeting as a requirement for the transaction of business.

G.

Compensation. The members of the BCC shall serve without compensation.

H.

Officers. The BCC shall elect a chair and vice chair at the first meeting of each calendar year.

I.

The BCC shall hear and decide appeals of orders, decisions or determinations made by the code official relative to the application and interpretation of this code.

1.

An appeal shall be based upon a claim that (a) the true intent of the plumbing code has been incorrectly interpreted, (b) the provisions of the plumbing code do not fully apply, or (c) an equally good or better form of construction is proposed.

2.

The BCC is not authorized to waive the requirements of the plumbing code.

3.

Appeals of orders, decisions, or determinations made by the code official or fire marshal relative to the application and/or interpretation of the various codes adopted herein shall be filed with the code official in writing within thirty (30) calendar days of the date of the order, decision, or determination, together with a one hundred fifty dollar ($150.00) appeal processing fee. Failure to appeal within thirty (30) calendar days of written notification of action or determination shall waive any right to an administrative determination of the matter.

4.

Except for any action undertaken pursuant to City of Eagle Pass Code of Ordinances Chapter 8 governing unsafe structures and equipment, the enforcement of any notice and order by the code official shall be stayed until final determination of the appeal is made by the BCC or by a court of law under judicial appeal.

5.

The appeal hearing process shall conform to Section 20 of City of Eagle Pass Code of Ordinances Appendix A.

7.

Section 107 Inspections and Testing is adopted, except that the term "code official" is replaced with the term "plumbing inspector".

8.

Section 202 General definitions is amended to include the following additional definitions:

Plumbing inspector means a person who (a) is employed by the City of Eagle Pass, either through contract or as an employee, to inspect plumbing in connection with the provisions of this chapter, (b) has satisfied the examination requirement set forth in Texas Occupations Code Chapter 1301, and (c) has fulfilled the other requirements of the Texas State Board of Plumbing Examiners.

If the services of a plumbing inspector are not available from the City, then the applicant for a plumbing permit shall engage the services of a plumbing inspector licensed in accordance with the provisions of Texas Occupations Code Chapter 1301 to perform the inspection and provide written results to the city as to the inspection. In the event that city plumbing inspection services are not available from the City, then the plumbing permit fee shall be $25.00.

Responsible master plumber means a person licensed as a master plumber pursuant to Texas Occupations Code Chapter 1301 and who (a) allows the person's master plumber license to be used by one (1) plumbing company for the purpose of performing work under the authority of the person's master plumber license, (b) is authorized to obtain permits for plumbing work, (c) assumes the responsibility for plumbing work performed under the person's license, (d) has submitted a certificate of insurance as required by City of Eagle Pass Chapter 21 and Texas Occupations Code Chapter 1301, and (e) has completed a training program required by Texas Occupations Code Chapter 1301.

9.

IPC Appendix A governing system layout illustration, Appendix B governing tables for pressure distribution systems, and the international private sewage disposal code (IPSDC) are not adopted.

(Ord. No. 2012-13, § 2, 5-1-2012; Ord. No. 2016-13, § 5, 3-22-2016)