05-A Residential/Electric CodeAGENDA INFORMATION SHEET
PROJECT: Consider an ordinance amending the City's Building Code to conform with state law
by adopting the International Residential Code and the National Electrical Code for all residential
construction within the City of Paris.
BACKGROUND: At the recent session of the Texas Legislature, the Legislature adopted Senate
Bill 365. Senate Bill 365 Amends Chapter 214 of the Texas Local Government Code to add a new
Subchapter G thereto, entitled Building Codes. Subchapter G mandates that from and after January
1, 2002, with the exception of ongoing construction, the International Residential Code for One- and
Two-Family Dwellings shall be the municipal residential building code for all cities in the state of
Texas. Likewise, Senate Bill 365 also mandates that the National Electrical Code shall be the
municipal residential electrical construction code for all residential electrical construction in
municipalities in the state of Texas. The codes adopted by the Legislature are the respective codes
as they existed on May 1, 2001, with subsequent alterations or amendments.
DESCRIPTION: The proposed ordinance would meet the state law requirements by amending the
City's building code to reflect implementation of the International Residential Code and the National
Electrical Code to govern all construction, alteration, remodeling, enlargement, and repair of
residential structures in the city of Paris. The ordinance would go into effect January 1, 2002, save
and except for ongoing construction which would be governed by the City's previous codes. This
amendment preserves the Standard Building Code as the building code applicable to all other
construction within the city of Paris.
RECOMMENDED ACTION: Consider adoption of the proposed ordinance.
STAFF CONTACT: Chief Building Official Steve Methven and City Attorney Larry W. Schenk
SCHEDULE: Consider for approval at City Council December 10, 2001, regular Council meeting.
ADDITIONAL MATERIALS: The proposed ordinance is enclosed with a copy of Senate Bill 365
for City Council's review.
DRAFT
J:\Attorney\ALICE\ORDWORK\CiJRRENT\Amend Section 7-16 Bldg & Electrical Codes.wpd
December 6, 2001
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, AMENDING SECTION 7-16 OF THE CODE OF
ORDINANCES OF THE CITY OF PARIS TO ADOPT THE
INTERNATIONAL RESIDENTIAL CODE AND THE NATIONAL
ELECTRICAL CODE AS THE APPLICABLE BUILDING AND
ELECTRICAL CODES FOR RESIDENTIAL CONSTRUCTION WITHIN
THE CITY OF PARIS AS REQUIRED BY STATE LAW; PROVIDING FOR
DEFINITIONS; PROVIDING FOR IMPLEMENTATION; PROVIDING A
REPEALER; PRESERVING PENALTIES; PROVIDING FOR
SEVERABILITY; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Texas at its year 2001 session adopted Senate
Bill 365, which mandated that municipalities within the State of Texas utilize the International
Residential Code for One- and Two-Family Dwellings, as promulgated by the International Code
Council, to be the exclusive code for municipal residential construction in the State of Texas, and the
Legislature likewise mandated that municipalities utilize the National Electrical Code, as published
by the National Fire Protection Association, to be the exclusive electrical code for residential
construction within the State of Texas; and,
WHEREAS, as a result of said Legislative enactments, the City of Paris, as a Home Rule
municipality within the State of Texas, shall be required to apply said codes beginning 7anuary 1,
2002; and,
WHEREAS, in order to clarify contradictory language in the City's Code of Ordinances, the
City Council desires to adopt an amendment to said Code of Ordinances referencing the Codes
adopted by the Texas Legislature as the Codes applicable to residential construction within the city
of Paris; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby in all things
approved.
Section 2. That Article II, Section 7-16 of the Code of Ordinances of the City of Paris shall
be and is hereby amended to read as follows:
"Sec. 7-16. Building Codes - Adoption
"(a) For purposes of this Section, the following definitions shall apply:
"(1) International Residential Code shall mean the International Residential Code
for One- and Two-Family Dwellings promulgated by the International Code Council,
as the same existed on May 1, 2001, including any and all amendments or revisions
thereto adopted following May 1, 2001.
"(2) National Electrical Code shall mean the Electrical Code published by the
National Fire Association as the same existed on May 1, 2001, including any and all
amendments or revisions adopted thereto following May 1, 2001.
"(3) Residential shall mean having the character of a detached one- or two-family
dwelling or a multiple single-family dwelling that is not more than three stories high
with separate means of egress, including the accessory structures of the dwelling, and
that does not have the character of a facility used for the accommodation of transient
guests or a structure in which medical, rehabilitative, or assisted living services are
provided in connection with the occupancy of the structure.
"(b) In conformance with Subchapter G, Chapter 214, Sections 214.211 through 214.214
of the Texas Local Government Code, the International Residential Code shall be and is
hereafter adopted as the Municipal Residential Building Code for the City of Paris. The
International Residential Code shall apply to all construction, alteration, remodeling,
enlargement, and repair of residential structures in the City of Paris. The City Council may
establish procedures to adopt local amendments to the International Residential Code and for
the administration and enforcement of the International Residential Code. The International
Residential Code shall not apply to the installation and maintenance of electrical wiring and
related components.
"(c) In conformance with Subchapter G, Chapter 214, Sections 214.211 through 214.214
of the Texas Local Government Code, the National Electrical Code shall be and is hereafter
adopted as the Municipal Residential Electrical Construction Code for the City of Paris. The
National Electrical Code shall apply to all residential electrical construction applications
within the City of Paris. The City Council may establish procedures to adopt local
amendments to the National Electrical Code and for the administration and enforcement of
the National Electrical Code.
"(d) Save and except for the municipal construction governed by the Codes adopted in
Subsections (b) and (c) of this section, and for the purposes of establishing rules and
regulations for all other construction, alteration, removal, demolition, equipment, use and
occupancy, location and maintenance of buildings and structures, including permits and
penalties, that certain building code known as the Standard Building Code, 1994 Edition, save
and except such portions as are deleted, modified, or amended by this article, shall be and is
hereby adopted and incorporated as fully as if set out at length herein.
"(e) Copies of the International Residential Code for One- and Two-Family Dwellings, the
National Electrical Code, and the Standard Building Code have been and shall be on file in
the office of the City Clerk and the City Building Official, and the provisions thereof shall be
controlling as set out herein in the construction of all buildings and other structures within the
corporate limits of the city of Paris, Texas."
Section 3. That all ordinances or portions of ordinances in conflict with the terms and
provisions of this ordinance are and shall be repealed to the extent of said conflict only.
Section 4. That all penalties provided in the Code of Ordinances for violations of the building
codes of the City of Paris shall apply to violations of the codes adopted by this ordinance, as if such
penalties are set out in detail herein.
Section 5. That if any section, subsection, sentence, clause, paragraph, or other portion of
this ordinance shall be determined as unlawful or unenforceable by a court of competent jurisdiction,
said finding shall not affect the continued enforceability of the remainder of this ordinance, it being
the intention of the City Council of the City of Paris that the remaining portions of said ordinance
shall remain in full force and effect.
Section 6. That this ordinance shall be effective from and after its date of passage and
publication as required by law, or on January 1, 2002, whichever date shall occur later. Provided,
however, that the provisions of Section 2 ofthis ordinance shall apply only to residential construction,
remodeling, alteration, or repair that begins under an agreement made on or after 7anuary 1, 2002,
or that begins, in the absence of an agreement, on or after that date. Residential construction,
remodeling, alteration, or repair that begins under an agreement made before January 1, 2002, or that
begins, in the absence of an agreement, before that date, shall be governed by the terms and
provisions of the City ordinances in effect when the agreement or construction activity began, as
appropriate, and for purposes of completion of said construction, the City's prior building codes shall
remain in full force and effect.
PASSED AND ADOPTED this lOth day of December, 2001.
Michael J. Pfiester, Mayor
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
S.B. No. 365
AN ACT
relating to the adoption of a uniform residential building code for use in the state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
TEXAS:
SECTION 1. Chapter 214, Local Government Code, is amended by
adding Subchapter G to read as follows:
SUBCHAPTER G. BUILDING CODES
Sec. 214.211. DEFINITIONS. In this subchapter:
(1) "International Residential Code" means the International
Residential Code for One- and Two-Family Dwellings promulgated by the International Code
Council.
(2) "National Electrical Code" means the electrical code
published by the National Fire Protection Association.
(3) "Residential" means having the character of a detached
one-family or two-family dwelling or a multiple single-family dwelling that is not more than three
stories high with separate means of eQress, including the accessory structures of the dwelling, and
that does not have the character of a facility used for the accommodation of transient guests or a
structure in which medical, rehabilitative, or assisted living services are provided in connection
with the occupancy of the structure.
Sec. 214.212. INTERNATIONAL RESIDENTIAL CODE. (a) To
protect the public health, safety, and welfare, the International Residential Code, as it existed on
May 1, 2001, is adopted as a municipal residential building code in this state.
(b) The International Residential Code applies to all construction,
alteration, remodeling, enlargement and repair of residential structures in a municipality.
(c) A municipality may establish procedures:
(1) to adopt local amendments to the International Residential
Code; and
(2) for the administration and enforcement of the
International Residential Code.
(d) A municipality may review and consider amendments made by the
International Code Council to the International Residential Code after May 1, 2001.
Sec. 214.213. EXCEPTIONS. (a) The International Residential
Code does not apply to the installation and maintenance of electrical wiring and related
components.
(b) A municipality is not required to review and consider adoption of
amendments to the International Residential Code regarding electrical provisions.
Sec. 214.214. NATIONAL ELECTRICAL CODE. (a) The National
Electrical Code, as it existed on May 1, 2001, is adopted as the municipal residential electrical
construchon code in this state and applies to all residenhal electrical construchon applicahons.
(b) A municipality may establish procedures:
(1) to adopt local amendments to the National Electrical
Code; and
(2) for the administration and enforcement of the National
Electrical Code.
SECTION 2. Subsections (a) and (d), Section 6A, Article 21.49,
Insurance Code, are amended to read as follows:
(a) Except as otherwise provided by this Subsection, all structures that
are constructed or repaired ar to which additions are made on or after January 1, 1988, to be
considered insurable property for windstorm and hail insurance from the Association, must be
inspected or approved by the Board for compliance with the building specifications in the plan of
operation. After January 1, 2002, in geoQraphic areas specified by the commissioner, the
commissioner by rule may supplement the building specifications in the plan of operation with the
structural provisions of the International Residential Code. Roofing materials satisfy the building
specifications in the plan of operation if those materials pass the UL Standard 997 or a
comparable test certified by the Board and are installed as required by the Board to promote the
wind resistance of the materials. A structure constructed, repaired, ar to which additions were
made before January 1, 1988, that is located in an area covered at the time by a building code
recognized by the Association shall be considered an insurable property for windstorm and hail
insurance from the Association without compliance with the inspection or approval requirements
of this Section or the plan of operation. A structure constructed, repaired, ar to which additions
were made before January 1, 1988, that is located in an area not covered by a building code
recognized by the Association shall be considered an insurable property for windstorm and hail
insurance from the Association without compliance with the inspection or approval requirements
of this Section or the plan of operation if that structure has been previously insured by a licensed
insurance company authorized to do business in this State and the risk is in essentially the same
condition as when previously insured, except for normal wear and tear, and without any structural
change other than a change made according to code. Evidence of previous insurance includes a
copy of a previous policy, copies of canceled [ya4icalled] checks or agenYs records that show
payments for previous policies, and a copy of the title to the shucture or mortgage company
records that show previous policies. After January 1, 2002, a person must submit an application
for windstorm inspection to the unit responsible for windstorm inspection at the deparhnent before
beginning to construct alter, remodel, enlarge, or repair a structure. Failure to submit a timely
application may result in a certificate of compliance not being issued unless plans and
calculations, testing information, manufacturer's installation instructions, or any other
documentation required by the commissioner is submitted to the unit responsible for windstorm
inspection at the department as may be requested in order to fulfill the requirements of this
section. The Board may appoint or employ qualified inspectors as defined in this Section to
perform any inspections required by this Section.
(d) A "qualified inspector" includes;
(1) a person determined by the Board to be qualified to
perform building inspections because of training or experience;
(2) a licensed professional engineer meeting the requirements
of the rules adopted by the commissioner for appointment to conduct windstorm inspections; and
(3) an inspector who is certified by the International Code
Council, the Building Officials and Code Administrators International, Inc., the International
Conference of Building Officials, or the Southern Building Code ConQress International, Inc.,
who has certifications as a buildings inspector and coastal construction inspector, and who also
complies with other requirements specified by rule by the commissioner. A qualified inspector
must be approved and appointed or employed by the Board to perform building inspections. The
Board may charge a reasonable fee not to exceed $200 for the filing of applications and
determining the qualifications of persons for appointment as qualified inspectors.
SECTION 3. (a) Subchapter G, Chapter 214, Local Government
Code, as added by this Act, applies only to residential construction, remodeling, alteration, or
repair that begins under an agreement made on or after January 1, 2002, or that begins, in the
absence of an agreement, on or after that date. Residential construction, remodeling, alteration, or
repair that begins under an agreement made before January 1, 2002, or that begins, in the absence
of an agreement, before that date is governed by the law in effect when the agreement was made
or the activity began, as appropriate, and that law is continued in effect for that purpose.
(b) Municipalities shall, before January 1, 2002, establish rules and
take other necessary actions to implement Subchapter G, Chapter 214, Local Government Code,
as added by this Act.
SECTION 4. This Act takes effect January 1, 2002, except that
Subsection (b), Section 3 of this Act, and this section take effect September 1, 2001.
President of the Senate Speaker of the House
I hereby certify that S.B. No. 365 passed the Senate on Apri12, 2001,
by a viva-voce vote; and that the Senate concurred in House amendment on May 2, 2001, by a
viva-voce vote.
Secretary of the Senate
I hereby certify that S.B. No. 365 passed the House, with amendment,
on April 24, 2001, by a non-record vote.
Chief Clerk of the House
Approved:
Date
Governor