0988 OFFICIAL RECORD
2009 International Energy Conservation Code
ORDINANCE NO. 988
AN ORDINANCE ADOPTING THE 2009 EDITION OF THE INTERNATIONAL
ENERGY CONSERVATION CODE, REGULATING THE DESIGN OF BUILDING
ENVELOPES FOR ADEQUATE THERMAL RESISTANCE AND LOW AIR
LEAKAGE AND THE DESIGN AND SELECTION OF MECHANICAL,
ELECTRICAL, SERVICE WATER- HEATING AND ILLUMINATION SYSTEMS AND
EQUIPMENT IN THE CITY OF SOUTHLAKE; 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 FOR A PENALTY FOR VIOLATIONS HEREOF;
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 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, beginning in the spring of 2010, NCTCOG's Regional Codes
Coordinating Committee (RCCC) and its four advisory boards conducted 20 open review
meetings over an 8 -month period to review the 2009 editions of the International Codes
and to develop regional amendments. Their review and recommendations were completed
and endorsed by NCTCOG's Executive Board in October 2010. Now NCTCOG encourages
jurisdictions in North Central Texas to adopt the 2009 International Energy Conservation
Code along with its respective regional amendments with an effective date of April 1, 2011:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1
That the International Energy Conservation Code, 2009 Edition, published by the
International Code Council, including the standards referenced therein, is hereby adopted
as the Energy Conservation Code of the City of Southlake regulating the design of building
envelopes for adequate thermal resistance and low air leakage and the design and
selection of mechanical, electrical, service water - heating and illumination systems and
equipment in the City of Southlake, except for facilities otherwise regulated under the
International Residential Code for One- and Two- Family Dwellings as adopted. A true and
correct copy of this document is attached as Exhibit "A."
SECTION 2
That the 2009 International Energy Conservation 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, Texas may from time to time determine
that additional local modifications to the Energy Conservation Code are necessary and
appropriate to meet the unique needs of the City of Southlake, Texas. To effectuate these
local modifications, the City Council shall enact individual ordinances amending this
Ordinance, fully setting forth the change to be made in the Energy Conservation Code.
These amendments shall be consolidated as Exhibit "B" to this Ordinance.
SECTION 3
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
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
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.
SECTION 6
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 7
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 regulation of the design of
building envelopes for adequate thermal resistance and low air leakage and the design and
selection of mechanical, electrical service water - heating and illumination systems and
equipment within the City 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 but may be prosecuted until final disposition by the courts.
SECTION 8
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.
SECTION 9
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 10
This ordinance shall be in full force and effect from and after its passage and
publication as required by law but not before April 1, 2011 except Chapter 4, Residential
Energy Efficiency shall not be effective prior to January 1, 2012 and it is so ordained.
Residential Energy Efficiency shall comply with the 2006 IRC Chapter 11 as adopted
through December 31, 2011.
APPROVED ON FIRST READING THIS 25 DAY OF JANUARY, 2011.
MAYOR
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APPROVED ON SECOND READING THIS 15 DAY OF FEBRUARY, 2011.
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MAYOR
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APPR VED AS TO FOR ND LEGALITY:
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CITY ATTORNEY 7
PUBLISHED: 18 FEBRUARY 2011
EFFECTIVE: 1 APRIL, 2011 - except as noted in Section 10
EXHIBIT A
2009 International Residential Code Complete Edition
Located in the Office of the City Secretary, City of Southlake, Texas.
EXHIBIT "B"
Local Amendments to the
2009 International Energy Conservation Code
The following sections, paragraphs, and sentences of the 2009 International Energy Conservation
Code are hereby amended as follows: Standard type is text from the IECC. Underlined type is text
inserted. Lined through type is deleted text from IECC. A double asterisk at the beginning of a section
identifies an amendment carried over from the 2006 edition of the code and a triple asterisk identifies a
new or revised amendment with the 2009 code.
The 2009 International Residential Code (IRC) and International Energy Conservation Code
(IECC) include a new emphasis on envelope infiltration and duct leakage. Significant changes in
the residential energy requirements include more frequent requirement of performance testing for
leakage. Residential Duct systems must be tested unless all ducts and equipment are located
within the conditioned space. Envelope testing is required to demonstrate compliance with
maximum allowable leakage rate unless a detailed air barrier and insulation inspection has been
performed to field verify component criteria. Testing is available from RESNET - certified HERS
Raters or Rating Field Inspectors, and certified Performance Verification Technicians.
** *Amend Section 101.4.2 Historic Buildings 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, are exempt from 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.
(Reason: This is more restrictive than the legislative mandates. The applicant or design professional should meet
with the Building Official and reach agreement on specific areas where full compliance cannot be obtained before
permit issuance on Historic Buildings. It is reasonable to expect compliance with duct sealing, replacement
lighting and the installation of insulation, for example, when possible.)
** *Amend Section 102.1.1 Above code programs. to read as follows:
102.1.1 Above code programs. The code official or other authority having jurisdiction
shall be permitted to deem a national, state or local energy efficiency program to exceed
the energy efficiency required by this code. Buildings approved in writing by such an
energy efficiency program shall be considered in compliance with this code. The
requirements identified as "mandatory" in Chapters 4 and 5 of this code, as applicable,
shall be met. 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.
(Reason: This amendment is added to accept energy star or equivalent programs.)
** *Section 402.2.12; 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 otherwise secured in place as approved by the
building official.
(Reason: This will increase the performance of the batt insulation by limiting the potential for drafts
and insure that the batt insulation stays in place)
END OF AMENDMENTS.
INVOICE
Star - Telegram Customer ID: CIT57
400 W. 7TH STREET Invoice Number: 314438961
FRECEIVED FORT WORTH, TX 76102
(817) 390 -7761 Invoice Date: 2/17/2011
Federal Tax ID 26- 2674582 Terms: Net due in 21 days
Due Date: 2/28/2011
Bill To: PO Number: NO PO
CITY OF SOUTHLAKE OFFICE OF CITY SECRETARY
1400 MAIN ST Order Number: 31443896
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092 -7604 Description: CITY OF SOUTHLA
Attn: Attn: ACCOUNTS PAYABLE Publication Date: 2/17/2011
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2009 EDITION OF THE INTERNA-
TIONAL ENERGY CONSERVATION
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OF ADEQUATE E THM RSIS-
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OF MECHANICAL, . ELECTRICAL,
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SOUTHLAKE; PROVIDING FOR THE $90.63
ADOPTION OF LOCAL AMEND- Net Amount:
MENTS THERETO; PROVIDING FOR
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violates, disobeys, omits: neglects County of the provislons of this ordinance
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Before MI Thousand Dollars vi 2 z for ,ount a nd State, this day personally appeared Deborah Baylor Norwood, Bid and Leal Coordinator for
all violations involving zoning, fire Y Y P Y PP Y g
the Star -T safety or public health and sant Ilegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
that the a tatlon and shall be hmed not more than published or refuse, n t was ublished in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
be
(817) 215 other violations five hundred dollars ($500) all
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other viti of this ordinance
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each day that a violation is A)
Permitted e to shall constit Signed
PASSED AND APPROVED THIS THE
SUBSCR 25th DAY OF FEBRUARY 2011, ME, THIS Friday, Febru. x .11. ,
DURING THE REGULAR CITY /
COMM MEETING.
MAYOR: John Terrell Notary Public /4 ,/ , , _,
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ATT We City
Thank You For Your Payment
Remit To: S tar - Telegram Customer ID: CIT57
P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101 -2051 Invoice Number: 314438961
Invoice Amount: $90.63
PO Number: NO PO
Amount Enclosed:
INVOICE
Star - Telegram Customer ID: CIT57
400 W. 7TH STREET ,, ,; 3 '.= Invoice Number: 313978921
FORT WORTH, TX 76102
(817) 390 -7761 Invoice Date: 1/15/2011
Federal Tax ID 26- 2674582 Terms: Net due in 21 days
Due Date: 1/31/2011
Bill To: PO Number: NO PO
CITY OF SOUTHLAKE , F e°1 , r,
1400 MAIM ST Order Number: 31397892
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092 -7604 Description: CITY OF SOUTHLA
Attn: Attn: ACCOUNTS PAYABLE Publication Date: 1/15/2011
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Notice is hereby given by the City i „ '°
Council of the City of Southlake,
CITY OF SOU Texas, that a public hearing will be I3580 1 62 62 LINE $17.30 $1,072.64
held on February 1, 2011, at 5:30
p.m. or immediately following
Wo Sen, dur the Regular
Sales Discount City rk Council ssio meeting ing to be Reg held m ($976.62)
the City Coundi Chambers of Town
Hall, 1400 Main Street, Southlake,
Mise Fee Texas. Purpose of the public hearing $10.00
is to consider the second reading
of the following ordinance:
ORDINANCE ANCE NO. 988
IN ADOPTING
AN ORD THE
2009 EDITION OF THE INTERNA-
TIONAL ENERGY CONSERVATION $106.02
CODE, REGULATING THE DESIGN Net Amount:
OF BUILDING ENVELOPES FOR
ADEQUATE THERMAL RESIS- 0t%IIIII/ ////
TANCE AND LOW AIR LEAKAGE \% �/
AND THE DESIGN AND SELECTION ` � \, \� ./ 1 -° HO / / ,�
OF MECHANICAL, ELECTRICAL,
SERVICE WATER- HEATING AND Q P(/8 4
ILLUMINATION SYSTEMS AND ,,••
EQUIPMENT IN THE CITY OF o �',.• d '�.
SOUTHLAKE; PROVIDING FOR THE ° . � s > . •
° .
ADOPTION OF LOCAL AMEND - � P�
MENTS THERETO; PROVIDING FOR ::
RECORDING OF SUCH CODE AS A e •
runic RECORD: PROVIDING THAT •
THIS ORDINANCE SHALL BE CU-
° °. ° . °
MULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY '`, n.: /// /F `�: - 31 °' .
THE STATE Of CLAUSE; PROVIDING FOR A PEN-
County of Tarra ALTY FOR VIOLATIONS HEREOF; /11 //,IIHU
PROVIDING A SAVINGS CL
Before me, a Nc PROVIDING FOR PUBLIPROVICATIO IN
PAMPHLET FORM; DING y and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for
the Star-Telegr. . FOR PUBLICATION IN THE OFFI ,m, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
that the attache CIAL AN NEW EFFE SPA CTIVE DATPER,` AND E. PROVIO I s published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
ING
(817) 215-2323 SECTION 6 0 ^ y �` (� �r
Any person, firm or corporation who O /� � ' , �•'�- � ��
violates, disobeys, omits. neglects
or refuses to comply with or who Signed �
resists the enforcement of any of
SUBSCRIBED the provisions of this ordinance
shall be fined not more than Two - HIS Wednesda Y - + f 19, 2011.
Thousand Dollars ($ 2,000.00)
all violations involving zoning, fire
safety or public health and sani- Notary Public `', 1/ 4 , i degik 1 i _......Adi.
tation, 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
p rmittede exist constitute
Thank You City of Southlake
Tara Brooks
Interim City Secretary ,
Remit To: Star - Telegram Customer ID: CIT57
P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101 -2051 Invoice Number: 313978921
Invoice Amount: $106.02
PO Number: NO PO
Amount Enclosed: $