Item 4J Ord 1253
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2021 International Existing Building Code
ORDINANCE NO. 1253
AN ORDINANCE ADOPTING THE INTERNATIONAL EXISTING BUILDING CODE, 2021
EDITION REGULATING THE REPAIR, ALTERATION, CHANGE OF OCCUPANCY,
ADDITION TO AND RELOCATION OF EXISTING BUILDINGS EXCEPT ONE- AND
TWO-FAMILY DWELLINGS AND MULTIPLE SINGLE-FAMILY DWELLINGS
(TOWNHOUSES), 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 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, the 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 2021, NCTCOG’s Regional Codes
Coordinating Committee (RCCC) and its four advisory boards conducted open review
meetings over a one-year period to review the 2021 editions of the International Codes
and to develop regional amendments. Their review and recommendations were completed
and endorsed by NCTCOG’s Executive Board in July 2021. Now NCTCOG encourages
jurisdictions in North Central Texas to adopt the 2021 International Existing Building Code
along with its respective regional amendments:
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
Section 1
Adoption
That the International Existing Building Code, 2021 Edition, published by the
International Code Council, 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 2021 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 2021 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/or the office of Building Inspections 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.
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Section 6
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 7
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 existing buildings and 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 8
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 10
Effective Dave
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, 2022.
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APPROVED ON FIRST READING THIS 5 DAY OF APRIL, 2022.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED ON SECOND READING THIS 19 DAY OF APRIL, 2022.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_____________________________________
CITY ATTORNEY
PUBLISHED:
EFFECTIVE:
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EXHIBIT A
2021 International Existing Building Code Complete Edition
Located in the Building Inspections Office
1400 Main St., Suite 250
City of Southlake, Texas
76092
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EXHIBIT B
Amendments to the 2021 International Existing Building Code
The following sections, paragraphs, and sentences of the 2021 International Existing Building Code are
hereby amended as follows: Standard type is text from the IEBC. Underlined type is text inserted. Lined
through type is deleted text from IEBC. A double asterisk (**) at the beginning of a section identifies an
amendment carried over from the 2018 edition of the code and a triple asterisk (***) identifies a new or
revised amendment with the 2021 code.
**Section 102.4; change 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 of Existing Building as follows:
Existing Building - A building, 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; a
building, structure or space that is undergoing a change of occupancy or use. erected prior to the date of
adoption of the appropriate code, or one for which a legal building permit has been issued.
**Section 202; amend definition of Existing Structure as follows:
Existing Structure- A building, 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; a
building, structure or space that is undergoing a change of occupancy or use. erected prior to the date of
adoption of the appropriate code, or one for which a legal building permit has been issued.
(Reason: To prevent potential abuses in new construction and shell buildings.)
***Section 306.1; add exceptions to read as follows:
Exceptions:
1. Components of projects regulated by and registered with Architectural Barriers Division of
Texas Department of Licensing and Regulation shall be deemed to be in compliance with the
requirements of this chapter.
2. If the cost of the project is less than $50K, it must comply with ICC A117.1, or it shall be
reviewed and inspected to the Texas Accessibility Standards by a Registered Accessibility
Specialist.
(Reason: To coordinate with the IBC and State Law for accessibility.)
***Section 306.2; add exception to read as follows:
Exception: Projects subject to the Texas Accessibility Standards as adopted by the Texas
Department of Licensing and Regulation are exempt from this section. Projects with a valuation of
less than $50,000.00 (which are subject to the Texas Accessibility Standards) may be accepted as
equivalent to this section where reviewed and inspected to the Texas Accessibility Standards by a
Texas Department of Licensing and Regulation Registered Accessibility Specialist when a plan review
report and a compliant inspection report are provided to the building code official.
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(Reason: To coordinate with the IBC and State Law for accessibility.)
***Section 306.5.1; add to read as follows:
306.5.1 Complete change of occupancy. Where an entire building undergoes a change of
occupancy, it shall comply with Section 305.4.1 and shall have all of the following accessible
features:
1. Not fewer than one accessible building entrance.
2. Not fewer than one accessible route from an accessible building entrance to primary
function areas.
3. Signage complying with Section 1111 of the International Building Code.
4. Accessible parking, where parking is being provided.
5. Not fewer than one accessible passenger loading zone, where loading zones are provided.
6. Not fewer than one accessible route connecting accessible parking and accessible
passenger loading
zones to an accessible entrance.
7. At least one accessible family or assisted use toilet room shall be provided in accordance
with Chapter 11 of the International Building Code.
Where it is technically infeasible to comply with the new construction standards for any of these
requirements for a change of group or occupancy, Items 1 through 6 shall conform to the
requirements to the maximum extent technically feasible.
Exception: The accessible features listed in Items 1 through 6 are not required for an
accessible route to Type B units.
(Reason: Maintains legacy language from the 2018 IEBC to identify accessibility criteria for changes of
occupancy, and adds the required accessible toilet for disabled occupants, as per previous 2018 IEBC
amendments.)
**Section 401.3 Flood Hazard Areas; delete this section:
(Reason: Flood hazard ordinances may be administered by other departments within the city.)
**Section 405.2.6 Flood Hazard Areas; delete this section:
(Reason: Flood hazard ordinances may be administered by other departments within the city.)
**Section 406.1; add a code reference to read as follows:
406.1 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 502.3 Flood Hazard Areas; delete this section:
(Reason: Flood hazard ordinances may be administered by other departments within the city)
**Section 503.2 Flood hazard areas; delete this section.
(Reason: Flood hazard ordinances may be administered by other departments within the city)
***Section 503.16; add exception to read as follows:
Exception: Compliance with the Texas Accessibility Standards is not considered equivalent
compliance for the purpose of enforcement of this code section.
(Reason: TAS does not address this criteria in their evaluation, and it is justifiably required for alterations in existing
buildings.)
**Section 504.1.2; change to read as follows:
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504.1.2 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
escapes.)
**Section 504.1.3; delete entire section:
504.1.3 New fire escapes. New fire escapes for existing buildings shall be permitted only where exterior
stairways cannot be utilized due to lot lines limiting stairway size or due to the sidewalks, alleys or roads
at grade level. New fire escapes shall not incorporate ladders or access by windows.
(Reason: To generally require a higher level of egress protection.)
**Section 507.3 Flood Hazard Areas; delete this section:
(Reason: Flood hazard ordinances may be administered by other departments within the city.)
**Section 701.3 Flood Hazard Areas; delete this section:
(Reason: Flood hazard ordinances may be administered by other departments within the city.)
**Section 702.7; add a code reference to read as follows:
702.7 Materials and methods. 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 potentially adopted codes.)
**Section 802.5.1; Guards, change to read as follows:
802.5.1 Minimum requirement. Every portion of a floor, such as a balcony or a loading dock, open-
sided walking surfaces, including mezzanines, equipment platforms, aisles, stairs, ramps and landings
that is more than 30 inches (762 mm) above the floor or grade below 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 guards and unsafe conditions. Corresponds
with IBC 1015.2 unamended)
**Section 803.1; Scope, add sentence to read as follows:
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 803.2.6; change exception to read as follows:
Exception: Supervision is not required where the Fire Code does not require such for new construction
for the following:
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1. Underground key or hub gate valve with
roadway boxes.
2. Halogenated extinguishing systems.
3. Carbon dioxide extinguishing systems.
4. Dry- and wet-chemical extinguishing systems.
5. Automatic sprinkler systems installed in accordance
with NFPA 13R where a common supply
main is used to supply both domestic and automatic
sprinkler systems and a separate shutoff
valve for the automatic sprinkler system is not
provided.
(Reason: The published exceptions are over-reaching and will result in inconsistencies among
supervised protection systems and cause confusion for first responders as well.)
**Section 803.3; change section to read as follows:
803.3 Standpipes. Refer to Section 1103.6 of the Fire Code for retroactive standpipe requirements.
{Delete rest of Section 804.3.}
(Reason: The Fire Code already requires standpipes in these buildings (greater than 50 ft.) retroactively
in Section 1103.6. This new section would negate/lessen those retroactive provisions already contained
in the Fire Code.)
**Section 804.2; delete Exception #1 as follows:
Exceptions: 1. W here the work area and the means of egress serving it complies with NFPA101.
2. [Remain unchanged]
(Reason: NFPA 101 is not a commonly adopted code in the region and enforcement would be
problematic, especially due to contradictions with the requirements of the IBC.)
**Section 804.4.1.2; change to read as follows:
804.4.1.2 Fire Escapes required. For other than Group I-2, where more than one exit is required, an
existing or newly constructed fire escape complying with section 805.3.1.2.1 shall be accepted as
providing one of the required means of egress.
(Reason: Higher level of safety by not allowing new fire escapes and consistent with regional practice.)
**Section 804.4.1.2.1; change to read as follows:
804.4.1.2.1 Fire Escape access and details - …
1. [Remain unchanged]
2. Access to a new fire escape shall be through a door...
3. Newly constructed fire escapes shall be permitted only where exterior stairways cannot be utilized
because of lot lines limiting the stairway size or because of the sidewalks, alleys, or roads at
grade level.
4. [Remain unchanged]
5. In all buildings of Group E occupancy up to and including the 12th grade, buildings of Group I
occupancy, rooming boarding houses, and childcare centers, ladders of any type are
prohibited on fire escapes used as a required means of egress.
(Reason: Higher level of safety by not allowing new fire escapes. Consistency with language and defined
term in IBC.)
**Section 804.6.2 Transoms; add language to read as follows:
805.5.2 Transoms. In all buildings of Group B, E, [Remainder unchanged]
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(Reason: Transom windows were historically a common practice in school buildings and each jurisdiction
should evaluate the impact on their stakeholders and their community with regards to section.)
**Section 904.1; Automatic sprinkler systems, add sentence to read as follows:
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 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
the Fire Code and would not allow the sprinkler system to perform or function as intended. Also, partial
fire alarm coverage is a clear violation of the Fire Code, NFPA 72, and ADA.)
**Section 904.1.1; change sentence to read as follows:
904.1.1 High-rise buildings. An automatic sprinkler system shall be provided in work areas of where the
high-rise buildings. has a sufficient municipal water supply for the design and installation of an automatic
sprinkler system at the site.
(Reason: Level 3 alterations are affecting more than 50% of the existing high-rise building, and as such,
sprinkler protection is more than justifiable, even when fire pumps, etc., are necessary. It is noted that the
work area method is one of three different methods available to the designer/owner in the IEBC.)
***Section 1011.2.1: change to read as follows:
1011.2.1 Fire sprinkler system. Where a change in occupancy classification occurs or where there is a
change of occupancy within a space where there is a different fire protection system threshold requirement
in Chapter 9 of the International Building Code that requires an automatic fire sprinkler system to be
provided based on the new occupancy in accordance with Chapter 9 of the International Building Code. The
installation of the automatic sprinkler system shall be required within the area of the change of occupancy
and areas of the building not separated horizontally and vertically from the change of occupancy by one of
the following:
1. Nonrated permanent partition and horizontal assemblies.
2. Fire partition.
3. Smoke partition.
4. Smoke barrier.
5. Fire barrier, as required by Section 707 of the IBC.
6. Fire wall, as required by Section 706 of the IBC.
Exceptions: [Remain unchanged.]
(Reason: Maintains legacy language requiring at least fire barrier separation between a newly sprinklered
more hazardous ‘change of occupancy’ from non-sprinklered existing occupancies, as is required for fire
area separation by the IBC.)
***Section 1102.2.1; add to read as follows:
1102.2.1 Fire Separations. Where fire separations are utilized to allow additions without exceeding the
allowable area provisions of Chapter 5 of the IBC for either the existing building or the new addition, the
decreased clear space where the two buildings adjoin shall be accounted for in such calculation relative to
the allowable frontage increase.
(Reason: This issue of evaluating allowable area for additions is commonly miscalculated due to the above
issue. This amendment provides clarification but is not more stringent than what is currently required by the
Building Code as to allowable area calculations.)
**Section 1103.3 Flood Hazard Areas; delete this section:
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(Reason: Flood hazard ordinances may be administered by other departments within the city.)
**Section 1201.4 Flood Hazard Areas; delete this section:
(Reason: Flood hazard ordinances may be administered by other departments within the city.)
**Section 1301.3.2; change to read as follows:
1301.3.2 Compliance with other codes. Buildings that are evaluated in accordance with this section shall
comply with the International Fire Code. and International Property Maintenance Code.
(Reason: NCTCOG does not currently review the IPMC for recommended amendments at this time.)
**Section 1301.3.3 Compliance with Flood Hazard Provisions; delete this section:
(Reason: Flood hazard ordinances may be administered by other departments within the city.)
**Section 1402.6 Flood Hazard Areas; delete this section:
(Reason: Flood hazard ordinances may be administered by other departments within the city.)
***Section 1509; delete Section 1509.1 through 1509.5 and add Section 1509.1 to read as follows:
1509.1 When required. An approved water supply for fire protection, either temporary or permanent, shall
be made available as soon as combustible material arrives on the site. The water supply design and the
timing of the water supply installation relative to building construction shall comply with the adopted Fire
Code.
(Reason: Maintains legacy language for the water supply and ensures adequate water supply as required
by the Fire Code for construction that is already well-established. The changes in the published 2021 IEBC
drastically reduce the required water supply of the Fire Code without adequate or reasonable justification.)
END