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1149 2015 International Existing Building Code ORDINANCE NO. 1149 AN ORDINANCE ADOPTING THE INTERNATIONAL EXISTING BUILDING CODE, 2015 EDITION; PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS THERETO; PROVIDING FOR RECORDING OF SUCH CODE AS A PUBLIC RECORD; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, City Council of the City of Southlake deems it necessary to adopt this ordinance governing requirements for the repair, alteration, change of occupancy, addition and relocation of existing buildings, including historic buildings, 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 Existing Building Code on file in the office of the City of Southlake are hereby referred to, adopted, and made a part hereof, as fully set out in this legislation, including requirements for materials, in order to protect the health, safety and welfare of the citizens of the City of Southlake. WHEREAS, beginning in the spring of 2015, NCTCOG's Regional Codes Coordinating Committee (RCCC) and its five advisory boards conducted open review meetings over a 1-year period to review the 2015 editions of the International Codes and to develop regional amendments. Their review and recommendations were completed and endorsed by NCTCOG's Executive Board on September 24, 2015. Now NCTCOG encourages jurisdictions in North Central Texas to adopt the 2015 International Existing Building Code along with its respective regional amendments. 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1 Adoption That the International Existing Building Code, 2015 Edition, published by The International Code Council, Inc., is hereby adopted as the Existing Building Code of the City of Southlake.A True and correct copy of this document is referenced in Exhibit "A." Section 2 Amendments That the 2015 International Existing Building Code, as adopted herein, is hereby amended as provided in Exhibit "B" incorporated herein and attached hereto for all purposes of this ordinance. The City of Southlake may from time to time determine that additional local modifications to the 2015 International Existing Building Code are necessary and appropriate to meet the unique construction needs of the City of Southlake. To effectuate these modifications, the City council shall enact individual ordinances amending this ordinance fully setting forth the change to be made in the code. The amendments shall be consolidated as Exhibit "B" to this ordinance. Section 3 Recording The material contained in Exhibits "A" and "B" to this ordinance shall not be included in the formal municipal codification of ordinances, but shall be maintained as a public record in the office of the City Secretary and will be available for public inspection and copying during regular business hours. Section 4 Cumulative Clause This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. Section 5 Severability It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. 2 Section 5 Penalty Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for all violations involving zoning, fire safety or public health and sanitation, including dumping or refuse, and shall be fined not more than five hundred dollars ($500) for all other violations of this ordinance. Each day that a violation is permitted to exist shall constitute a separate offense. Section 6 Saving Clause All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of any ordinances affecting the installation and maintenance of systems which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance buy may be prosecuted until final disposition by the courts. Section 7 Publication The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. The City Secretary of the City of Southlake is hereby directed to publish in the official newspaper of the City of Southlake, the caption, penalty clause, publication clause and effective date of this ordinance one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 8 Effective Date This ordinance shall be in full force and effect from and after its passage and publication as required by law but not before May 1, 2016. 3 APPROVED ON FIRST READING THIS I1 DAY OF rnd( , 2016. "14114‘61144. MAYOR ATTEST: • TH�q ;.••pv , ,,,, r4. ' <, }: 1\ Cl): :.•IA: pre_ v;ti 'cI1)1•8 ,G1 E ►RY ,,'i,',,u'***,,,,,,�� APPROVED ON SECOND READING THIS 544/ DAY OF S/0(1 I ,C)filiit(&01 MAYOR i H Lq , ATTEST: 50 ......,.kF�,,, : •' F II Ar- q I- go,,, P I --.1 ate_ .J •� �� :: CI`FY S& Re A[�'Y p,'',,,,,I**#```,`,� APPROVED AS TO FORM AND LEGALITY: e,aek,.. ....1/,,e ,,CITY ATTORNEY PUBLISHED: 4p ri / 8, 2010 EFFECTIVE: 6t 1 1 / oLn�J^/b 4 EXHIBIT A 2015 International Existing Building Code Complete Edition Located in the Building Inspections Office City of Southlake, Texas 5 EXHIBIT B Amendments to the 2015 International Existing Building Code The following sections, paragraphs, and sentences of the 2015 International Existing Building Code are hereby amended as follows: Standard type is text from the IEBC. Underlined type is text inserted. Lined - ---• e" -- - - - - • _ -. A double asterisk (**) at the beginning of a section identifies an amendment carried over from the 2012 edition of the code and a triple asterisk (***) identifies a new or revised amendment with the 2015 code. ***Section 102.4;amend to read as follows: [A] 102.4 Referenced codes and standards. The codes, when specifically adopted, and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.4.1 and 102.4.2. [Reason: To not inadvertently adopt other codes (i.e. Wildland Urban Interface Code etc...) by reference.] ***Section 202;amend definition to read as follows: " [A] EXISTING BUILDING - A building, - - _ _ _ _ •- e- - - -___ •_• _ •- _ __ __ • ___ _ -•- - --. -.•- e" ••• • e""' ---- structure, or space, with an approved final inspection issued under a code edition which is at least 2 published code editions preceding the currently adopted building code; or a change of occupancy. (Reason: To prevent potential abuses in new construction and shell buildin•s.) ***Section 405.1.2, amend to read as follows: 405.1.2 Existing fire escapes. Existing fire escapes shall continue to be accepted as a component in the means of egress in existing buildings only. Existing fire escapes shall be permitted to be repaired or replaced. (Reason: To add clarity and help reduce confusion associated with the amendment preventing new fire esca•es.) ***Section 405.1.3; delete section: 405.1.3 - - . - - ----- - - - - - - _- •• -- - - - - - _ (Reason: To generally require a higher level of egress protection while still allowing options in the most extreme cases.) ***Section 406.2; amend to read as follows: 406.2 Replacement window opening control devices. In Group R-2 or R-3 buildings containing dwelling units, window opening control devices complying with ASTM F 2090 shall be installed where an existing window is replaced and where all of the following apply to the replacement window. . . 6 The window opening control device, after operation to release the control device allowing the window to fully open, shall not reduce the minimum net clear opening area of the window unit to less than the area required by Section 1029.2 1030.2 of the International Building Code. Remainder unchanged (Reason:Referenced Section was incorrect) ***Section 409.1;add an exception to read as follows: Exception: Moved historic buildings need not be brought into compliance with the exception of new construction features required as the result of such movement, including but not limited to foundations and/or other structural elements. (Reason: To maintain the integrity of historic buildings that would otherwise be required to comply with the •rovisions for new construction.) ***Section 410.1;add an exception to read as follows: Exception: Components of projects regulated by and registered with Architectural Barriers Division of Texas Department of Licensing and Regulation shall be deemed to be incompliance with the requirements of this chapter. (Reason: To coordinate with the IBC and State Law.) ***Section 410.4.2;Complete change of occupancy.Add#7 to read as follows: 7. At least one accessible family or assisted use toilet room shall be provided in accordance with Chapter 11 of the International Building Code. (Reason:Accessible toilet rooms should be available for disabled occupants.) ***Section 602.3;add to read as follows: 602.3 Glazing in hazardous locations. Replacement glazing in hazardous locations shall comply with the safety glazing requirements of the International Building Code, International Energy Conservation Code, or International Residential Code as applicable. (Reason: The Reduces potential confusion/conflicts for glazing replacement regarding applicable codes.) ***Section 607.1;add to read as follows: 607.1 Material. Existing electrical wiring and equipment undergoing repair shall be allowed to be repaired or replaced with like material, in accordance with the requirements of NFPA 70. (Reason: To ensure compliance with the NEC relative to any electrical repairs/replacement.) ***Section 702.6;add to read as follows: 702.6 Materials and methods. All new work shall comply with the materials and methods requirements in the International Building Code, International Energy Conservation Code, International Mechanical Code, National Electrical Code, and International Plumbing Code, as applicable, that specify material standards, detail of installation and connection, joints, penetrations, and continuity of any element, component, or system in the building. (Reason: To provide a more complete list of potentiall ado•ted codes.) ***Section 802.1; add to read as follows: 802.1 General.Alteration of buildings classified as special use and occupancy as described in Chapter 4 of the International Building Code shall comply with the requirements of Section 801.1 and the scoping provisions of Chapter 1 where applicable. (Reason: To clearly identify the location of special use and occupancy requirements in the Building Code) 7 ***Section 803.5.1; amend to read as follows: 803.5.1 Minimum requirement. Every portion of a floor, such as a balcony or a loading dock, that is more than 30 inches (762 mm) above the floor or grade below open-sided walking surfaces, including mezzanines, equipment platforms, aisles, stairs, ramps and landings that are and is not provided with guards, or those in which the existing guards are judged to be in danger of collapsing, shall be provided with guards. (Reason: To be consistent with Building Code requirements for•uards and unsafe conditions.) ***Section 804.1;add to read as follows: 804.1 Scope. For the purpose of fire sprinkler protection and fire alarm requirements included in this section, the work area shall be extended to include at least the entire tenant space or spaces bounded by walls capable of resisting the passage of smoke containing the subject work area, and if the work area includes a corridor, hallway, or other exit access, then such corridor, hallway, or other exit access shall be protected in its entirety on that particular floor level. (Reason: The intent is to avoid work area protection that would result in partial sprinkler or fire alarm protection. Partial sprinkler protection not delineated by walls would be a clear violation of NFPA 13 and would not allow the sprinkler to perform or function as intended. Also, partial fire alarm coverage is a clear violation of the Fire Code, NFPA 72, and ADA.) • ***Section 804.2.2, Number 2, Exception;amend to read as follows: Exception: If-Where the building does not have sufficient municipal water supply for design of a fire sprinkler system available to the floor without installation of a new fire pump, fire sprinkler protection shall not be required = - __ _ _ e" e _ __ "e _ _ __ e"- ._ _ _ - e" -_ _• 6ede. (Reason: Smoke detection is not an equivalency to sprinkler protection and in general, could result in increased false alarm issues.) ***Section 804.2.5;Supervision.amend Exception to read as follows: Exception: Supervision is not required where the Fire Code does not require such for new construction. for-the-fallowing; provided. (Reason: The published exceptions are over-reaching and will result in inconsistencies among supervised •rotection s stems and cause confusion for first res•onders as well.) ***Section 804.3;amend to read as follows: 804.3 Standpipes. 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DEBORAH JEAN BAYLOR Notary Public, State of Texas . My Commission Expires October 29, 2019 r 1/\1111\\ 3efore me, a ?rotary Public in and for said County and State, this day personalty appeared Christy Holland, Bids & Legal Coordinator 9r the Star -Telegram, published by the Star - Telegram, Inc. at Fort Worth, in Tarrant County, Texas : and who after being duty sworn, id depose and say that the attached clipping of advertisement was published in the above named paper on the Listed dates: •IDS CO' LBCJA.LS DEPT. Star -Telegram. ( SUBSCRIBED AND SWOQL(TO BEFORE mE, mroy BCH 4a 2016 Thank You For Your Payment Signed Remit To: Star -Telegram P.O. BOX 901051 FORT WORTH, TX 76101-2051 Customer ID: Customer Name: Invoice Number: Invoice Amount: PO Number: Amount Enclosed: $ Cl I'57 CITY OF SOUTHLAKE 337265521 $31.68 21600005 PUBLIC HEARING NOTICE CITY OF SOUTHLAKE; TEXAS Notice is hereby given to all inter- ested persons that the City of Southlake, Texas, will consider the following items in the Council Chambers at Town Hall, 1400 Main Street, Southlake, Texas: City Council on Tuesday, April 5, 2016, at 5:30 p.m. will hold a public i hearing and consider: • Ordinance No. 480-708 (ZA15-115), Zoning Change and Site Plan/ Concept Plan for Pinnacle Point Office Park on property described as Lots 1-3, Meadow Oaks Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 305, 395 & 405 S. Kimball Avenue, Southlake, Texas. Current Zoning: "SF -1A" Single Family Residential District. Requested Zoning: "S -P-2" Generalized Site Plan District with "0-1" Office District uses. SPIN Neighborhood #8. • ZA16-002, Site Plan for Care Now on property described as Lot 2, Block 2 Gateway Plaza Phase II, an addition to the City of Southlake, Tarrant County, Texas and located at 2751 East State Highway 114, Southlake, Texas. Current Zoning: "S -P-2" Generalized Site Plan District. SPIN Neighborhood #8. • ZA16-007, Site Plan for Trinity Presbyterian Church on property described as Lot 3R, Block 6, Southridge Lakes Addition, an ad- dition to the City of Southlake, Tarrant Cpunty, Texas and located at 1452 W. Southlake Blvd., Southlake, Texas. Current Zoning: "CS" Community Service District. SPIN Neighborhood #6. • Ordinance No. 1142, Adopting the 2015 International Building Code. • Ordinance No. 1143, Adopting 2015 International Energy Conservation Code. • Ordinance No. 1144 Adopting the 2015 International Fire Code. • Ordinance No. 1145 Adopting the 2015 International Mechanical Code. • Ordinance No. 1146, Adopting the 2015 International Fuel Gas Code. • Ordinance No. 1147, Adopting 2015 International Plumbing Code. • Ordinance No. 1148, Adopting the 2015 International Residential Code. • Ordinance No. 1149, Adopting the 2015 International Existing Building Code. The Planning & Zoning Commission on Thursday, April 7, 2016, at 6:30 p.m. or immediately following the Planning & Zoning Work Session will hold a public hearing and consider: • ZA15-151, Preliminary Plat for ' Saddleback Ridge Estates on property described as Lot 1, Block 1, Quail Oaks Addition; Tracts 3, 4, 4B R.D. Price Survey No. 992A and Tract 11 A. Robinson Survey No. 1131A, Southlake, Denton County, Texas and located at 330-360 W i Bob Jones Road, and 4640 N. White Chapel Blvd., Southlake, Texas. Current Zoning:. "SF -1A" Single Family Residential District. SPIN Neighborhood #1. All interested persons are urged to attend. City of Southlake Lori Payne; TRMC City Secretary