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Item 6I Ord 1253 2021 IEBC2021 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: 2021 IEBC 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. 2021 I EBC 2 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. 2021 I EBC 3 APPROVED ON FIRST READING THIS 5 DAY OF APRIL, 2022. ATTEST: MAYOR CITY SECRETARY APPROVED ON SECOND READING THIS 19 DAY OF APRIL, 2022. MAYOR CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY PUBLISHED: EFFECTIVE: 2021 I EBC 4 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 2021 I EBC 5 *N011=3ki=� 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 threug„ type is deleted text fremT€E3G-.-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. gFeGted PF;,,r to the date adeptiGR ef the appFepFiate Gede, eF eRe fer whiGh a legal buildiRg 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. eFeGted prier t the date 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 protects 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 protect is less than $50K, it must comply with ICC Al 17.1, 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.) W .."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 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. 2021 IEBC 6 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.) 6. "Section 401.3 Flood Hazard Areas; delete this section: Reason: Flood hazard ordinances inav be administered b other departments within the cit . "Section 405.2.6 Flood Hazard Areas; delete this section: Reason: Flood hazard ordinances mav be administered bv other departments within the cit . "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 anv electrical re airs/re lacement.) "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 ouroose 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 buildin s. "Section 504.1.2; change to read as follows: 2021 IEBC 7 504.1.2 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 esn-apes. New fire esGapes for existing buildings shall be permitted only where exterier stairways Gannet be utilized due to lot lines limiting staiRNay size er due to the Csoddi—WORIk.,; alleys or reads at grade level. New fore eSGapes shall not OnGGrperate ladders er aGGess 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: Toprovide 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 , 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 f.,r then fA-IIA,.,iRg 2021 I EBC 8 (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 804.3.1 (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"e—re the ei.,rL aFea onrl the .., Of on n it GOMPlieS with NFPA 101 2. [Remain unchanged] (Reason: NFPA 101 is not a commonly adopted code in the region and enforcement would be nroblema ' ecially due M rnntrAdictions with the reauirements of the IBC. ) "Section 804.4.1.2; change to read as follows: 804.4.1.2 Fire Escapes required. For other than Group 1-2, where more than one exit is required, an existing or neWl„ GenGtF„Gted 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 refire escape shall be through a door... 3. NeWly GGR6tF1-1GtP-d- fire P-SGapes shall be PeFR;itted eRly where exterior stairways cannot be utilized A-f lot lines limiting the stairway size or ber--a-Use A-f the sidewalks 9F reads -at grade level , alleys, 4. [Remain unchanged] 5. In all buildings of Group E occupancy up to and including the 12th grade, buildings of Group I occupancy, reerRing—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] 2021 I EBC 9 (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 s, iffidient muniGipal water supply fer the design and installation 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 desioner/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: i. nro#�permanent nartitinn and herizental--assemblies. 2. Fore 3. Se;eno PArtitiAn 4. Seep-pa*,*er. 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 frontaae 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: 2021 IEBC 10 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 n4-ainten-an,.o 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 drasticafiv reduce the re uired water suoDIv of the Fire Code without ade uate or reasonable 'ustification. END 2021 IEBC 11