[Ord. No. 2017-1247 § 1, 8-21-2017]
The Council adopts the 2015 Edition of the International Fuel
Gas Code, including Appendixes A, B, and C (as amended), one (1) copy
of which has been on file with the Town Clerk for a period of ninety
(90) days prior to the adoption of this Article, by reference as if
fully set forth in its entirety. At least one (1) copy of the 2015
Edition of the International Fuel Gas Code shall remain on file in
the office of the Town Clerk and shall be kept available for public
use, inspection, and examination.
[Ord. No. 2017-1247 § 2, 8-21-2017]
A.
The code adopted by this Article is hereby amended by substituting
the following sections in lieu of those sections with corresponding
numbers in the code, or, where there is no corresponding section in
the code, the following sections shall be enacted as additions to
the code:
1.
Section 101.1 is amended to read as follows:
101.1 Title. These regulations shall be known as
the "Fuel Gas Code of the Town of Carrollton, Missouri," hereinafter
referred to as "this code."
2.
In 101.3.1. Appendixes A, B, and C are hereby adopted as published.
3.
Section 101.6 is amended to read as follows:
101.6 Unlawful. It shall be unlawful for any person
to engage in the installation, alteration or repair of any gas piping
systems, fuel gas utilization equipment, gaseous hydrogen systems
and related accessories, appliances or components in or on any building,
structure or premises within the corporate limits of the Town of Carrollton,
Missouri, unless issued a certificate of competency by the Town or
some other municipality or county within the State of Missouri, unless
otherwise provided by ordinance.
4.
SECTION 103 CODES DEPARTMENT.
a.
Section 103.1 is amended to read as follows:
103.1 Codes Official. The administration and enforcement
of this Article shall be the duty of the codes officer, who is designated
the code official for purposes of this code. The code official is
hereby authorized to take such action as may be reasonably necessary
to enforce the provisions of this code. Such persons may be appointed
and authorized as assistants or representatives of the codes officer
as may be necessary to carry out the provisions of this code.
b.
Delete 103.2 Appointment.
c.
Delete 103.3 Deputies.
d.
Section 103.4 is amended to read as follows:
103.4 Liability. Any officer or employee charged
with the enforcement of this code, while acting on behalf of the Town,
shall not thereby render such individual liable personally, and is
hereby relieved from all personal liability for any damage accruing
to persons or property as a result of any act performed in the discharge
of official duties. Any suit instituted against any officer or employee
because of an act performed by that officer or employee in the lawful
discharge of duties and under the provisions of this code shall be
defended by the legal representative of the Town until the final termination
of the proceedings. The officer or employee shall not be liable for
costs in any action, suit or proceeding that is instituted pursuant
to the provisions of this code; and any officer or employee acting
within the scope of employment and in good faith and without malice,
shall be free from liability for acts performed under any of its provisions
or by reason of any act or omission in the performance of official
duties in connection therewith. Nothing contained herein shall be
deemed a waiver of the immunities and protection afforded to the Town
or officers and employees pursuant to State and Federal law.
e.
Section 103.5 is amended to read as follows:
103.5 Restrictions of employees. An employee connected
with the codes department shall not be engaged in, or directly or
indirectly connected with, the furnishing of labor, materials or appliances
for the construction, alteration or maintenance of a building, or
the preparation of construction documents thereof, unless that person
is the owner of the building; nor shall such employee engage in any
work that conflicts with official duties or with the interests of
the department.
5.
Section 106.1 is amended to read as follows:
106.1.1 Permit required. Application for a permit
shall be made by a licensed mechanical HVACR mechanic, or a licensed
plumber, except as provided in Section 106.2. Fuel gas permits may
be issued to the general contractor on behalf of the master plumber
or master mechanic for new one- and two-family dwellings and building
alterations or building additions for one- and two-family dwellings.
All fuel gas work must be performed by a plumber or mechanic licensed
by the Town of Carrollton or some other municipality or county within
the State of Missouri, or as allowed by ordinance. Any permit required
by this code may be issued to any person to do any work regulated
by this code in a single-family dwelling used exclusively for living
purposes, including the usual accessory buildings and quarters in
connection with such buildings, provided the person is a bona fide
owner of such dwelling and that the dwelling will be occupied by the
owner, and that the owner shall personally purchase all material and
perform all labor in connection therewith. Any person obtaining a
permit under this Section shall not be issued another permit within
two (2) years.
6.
Section 106.5 is amended to read as follows:
106.5.2 Fee schedule. The fees for all mechanical
and fuel gas work shall be as indicated in an ordinance adopted by
the Town Council.
7.
Section 106.6 is amended as follows:
|
106.6.3 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.
| |
|
2.
|
Not more than seventy-five percent (75%) of the permit fee paid
when no work has been done under a permit issued in accordance with
this code.
| |
|
3.
|
Delete in its entirety.
| |
|
The code official shall not authorize the refunding of any fee
paid, except upon written application filed by the original permittee
not later than one hundred eighty (180) days after the date of fee
payment.
| ||
8.
Section 108.4 is amended to read as follows:
108.4 Violation penalties. Any person who shall
violate a provision of this code or shall fail to comply with any
of the requirements thereof shall be guilty of an ordinance violation
and upon conviction thereof shall be punished in accordance with the
provisions of this adopting ordinance. Each day that a violation continues
shall be deemed a separate offense. The Town is not required to prove
criminal intent as a part of its case. It is enough to prove that
the defendant either did the act which was prohibited or failed to
do an act which the defendant was legally required to do.
9.
Section 108.5 is amended to read as follows:
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 to a fine of not less than one hundred dollars ($100.00)
or more than five hundred dollars ($500.00).
10.
Section 109.1 is amended to read as follows:
109.1 Appeals. The owner of a building or structure
or any person directly affected by a decision of the code official
may appeal to the Board of Adjustment from a decision of the official.
The procedure for appeal shall be governed by Section 113 of the Building
Code of Carrollton, Missouri.
11.
Delete 109.2 through 109.7.
12.
Section 403.5 is amended to read as follows:
403.5.2 Copper and brass tubing.
Copper tubing shall comply with standard Type K of ASTM B 88
or ASTM B 280.
Copper pipe and copper tubing shall not be allowed for fuel
gas piping systems.
13.
In 404.14 Piping underground beneath buildings, add last sentence
to paragraph which states: "Any underground gas piping allowed by
this Section shall only be approved for gas that is less dense than
the atmospheric pressure and shall be installed in accordance with
Section 404.12.1 and shall always terminate or vent to the outside."
14.
Delete 404.14.2 in its entirety.
15.
Section 406.4 is amended as follows:
a.
In 406.4 Test pressure measurement, replace the last sentence
as follows: "Mechanical gauges used to measure test pressures shall
have a range such that the highest end of the scale is not greater
than 100 psi."
b.
406.4.1 Test pressure. The test pressure to be
used shall be not less than one and one-half (1 1/2) times the proposed
maximum working, but not less than 30 psig, irrespective of design
pressure.
16.
In 408.4 Sediment trap, in the second sentence, change "any
length" to "three and one-half (3 1/2) inch minimum length."
[Ord. No. 2017-1247 § 3, 8-21-2017]
A.
The punishment of a violation of this Article shall be as follows:
1.
The maximum fine combined with the amount of court costs that
can be imposed for the violation of any ordinance violation shall
be two hundred dollars ($200.00) for the first violation, two hundred
seventy-five dollars ($275.00) for the second violation, three hundred
fifty dollars ($350.00) for the third violation, and four hundred
fifty dollars ($450.00) for the fourth and any subsequent municipal
ordinance violation.
3.
A person convicted of an ordinance violation shall not be placed
in confinement for failure to pay a fine unless such non-payment violates
the terms of the person's probation or unless the due process
procedures mandated by Missouri Supreme Court Rule 37.65 or its successor
rule are strictly followed by the court.
4.
Court costs that apply shall be assessed against such person
unless the court finds that the defendant is indigent based on standards
set forth in determining such by the presiding judge of the circuit.
Such standards shall reflect model rules and requirements to be developed
by the Missouri Supreme Court.
[Ord. No. 2017-1247 § 4, 8-21-2017]
The portions of this Article shall be severable. In the event
that any portion of this Article is found by a court of competent
jurisdiction to be invalid, the remaining portions of this Article
are valid, unless the court finds the valid portions of this Article
are so essential and inseparably connected with and dependent upon
the void portion that it cannot be presumed that the Town Council
would have enacted the valid portions without the invalid one, or
unless the court finds that the valid portions standing alone are
incomplete and are incapable of being executed in accordance with
the legislative intent.
