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OR 2011-1264 Energy Conservation Code AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO.___2011-1264___ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 15 ARTICLE 15-7 TO ADOPT THE INTERNATIONAL ENERGY CONSERVATION CODE, 2009 EDITION, AS THE CITY OF COPPELL ENERGY CODE; PROVIDING AMENDMENTS TO THE INTERNATIONAL ENERGY CODE 2009 EDITION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; EXCEPT HOWEVER, WHERE A DIFFERENT PENALTY HAS BEEN ESTABLISHED BY STATE LAW FOR SUCH OFFENSE WHICH IS A VIOLATION OF ANY PROVISION OF LAW THAT GOVERNS FIRE SAFETY, ZONING, OR PUBLIC HEALTH AND SANITATION, INCLUDING DUMPING OF REFUSE, THE PENALTY SHALL BE A FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Code of Ordinances of the City of Coppell, Texas be, and the same is, hereby amended by amending Chapter 15, Article 15-7 in part to adopt the International Energy Conservation Code, 2009 Edition, with amendments to read as follows: “ARTICLE 15-7. ENERGY CONSERVATION CODE Sec. 15-7-1 Energy Conservation Code – Adopted. There is hereby adopted the International Energy Conservation Code, 2009 Edition, and made a part hereof for all purposes, the same as if fully copied in full herein, with the exception of such sections hereof, which are hereafter deleted, modified or amended. Sec. 15-7-2 Amendments. The following sections of the International Energy Conservation Code, 2009 Edition, are hereby amended to read as follows: 1. Section 101.4.2; shall be amended to read as follows: 101.4.2 Historic Buildings. Any building or structure that is listed in the State or National Register of Historic Places; designated as a historic property under local or state designation law or survey; certified as a contributing resource with a National Register listed or locally designated historic district; or with an opinion or certification that the property is eligible to be listed on the National or State Registers of Historic Places either individually or as a contributing building to a historic district by the State Historic Preservation Officer of the Keeper of the National Register of Historic Places, shall comply with all of the provisions of this code. Exception: Whenever a provision or provisions shall invalidate or jeopardize the historical designation or listing, that provision or provisions may be exempted. 2. Amend Section 103.1.1, Above Code Programs, to read as follows: 103.3.1.1 Alternative Compliance. A building certified by a national, state, or local accredited energy efficiency program and determined by the Energy Systems Laboratory to be in compliance with the energy efficiency requirements of this section may, at the option of the code official, be considered in compliance. The United States Environmental Protection Agency's Energy Star Program certification of energy code equivalency shall be considered in compliance. 3. Amend Section 202, General Definitions, by adding the following definition: Glazing Area. Total area of the glazed fenestration measured using the rough opening and including sash, curbing or other framing elements that enclose conditioned space. Glazing area includes the area of glazed fenestration assemblies in walls bounding conditioned basements. For doors where the daylight opening area is less that 50 percent of the door area, the glazing area is the daylight opening area. For all other doors, the glazing area is the rough opening area for the door including the door and the frame. 4. Amend Section 301.1, to read as follows: 301.1 General. The sub-climate zone of Coppell, Texas, is 3.2. 5. Amend Section 401.2, Item one to read as follows: 401.2 Compliance. Projects shall comply with Sections 401, 402.4, 402.5, and 403.1, 403.2.2, 403.2.3, and 403.3 through 403.9 (referred to as the mandatory provisions) and either: 1. Sections 402.1 through 402.3, 403.2.1 and 404.1 (prescriptive) and the use of Tables 402.1.1 and 402.1.3 are limited to a maximum glazing area of 15% window area to floor area ratio; or 2. Section 405 (performance). 6. Add Section 402.2.12 to read as follows: Section 402.2.12 Insulation installed in walls. Insulation batts installed in walls shall be totally surrounded by an enclosure on all sides consisting of framing lumber, gypsum, sheathing, wood structural panel sheathing or other equivalent material approved by the building official. 7. Amend Section 405.4.1; add the following sentence to the end of paragraph: 405.4.1 Compliance software tools. Documentation verifying that the methods and accuracy of the compliance software tools conform to the provisions of this section TMTM shall be provided to the code official. RemRate, Energy Gauge, and IC3 are deemed acceptable performance simulation programs.” SECTION 2. If any section, subsection, paragraph, sentence, phrase or work in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Coppell, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 3. That the repeal of any ordinance or any portion thereof by the preceding sections shall not affect or impair any act done or right vested or accrued or any proceeding, suit or prosecution had or commenced in any cause before such repeal shall take effect; but every such act done, or right vested or accrued, or proceedings, suit or prosecution had or commenced shall remain in full force and effect to all intents or purposes as if such ordinance or part thereof so repealed shall remain in force. SECTION 4. That any person, firm or corporation violating any of the provisions of this ordinance or the Code of Ordinances as amended hereby, shall be guilty of a misdemeanor and upon conviction in the Municipal Court of the City of Coppell, Texas, shall be subject to a fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense, except where a different penalty has been established by State law for such offense, the penalty shall be that fixed by State law, and for any offense which is a violation of any provision of law that governs fire safety, zoning or public health and sanitation, including dumping of refuse, the penalty shall be fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such offense is continued shall constitute a new and separate offense. SECTION 5. That this ordinance shall become effective immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULY PASSED by the City Council of Coppell, Texas, this the day of 2011. P. 0 PROVED: N. STOVER, MAYOR ATTEST: CHRISTEL PET OS, CITY SE91RETARY AS TO FORM: T HAGER. CWY A'