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Item # 8 - Chpt. 5 Bldg Amendments

Chapter 5 Building Amendments

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CITY OF ALAMO HEIGHTS
ADMINISTRATION DEPARTMENT
CITY COUNCIL AGENDA MEMORANDUM
TO: Mayor and City Council
FROM: Phil Laney, Assistant City Manager
SUBJECT: An Ordinance amending Chapter 5, Building and Building Regulations, Article II
– Codes Adopted by Reference to incorporate text omissions and clarifying
language related to the adoption of the 2021 International Code Series-ICC and the
2020 National Electrical Code
DATE: November 13, 2023
SUMMARY
An ordinance amending Chapter 5, Building and Building Regulations, Article II – Codes Adopted
by Reference to incorporate text omissions, clarifying language, and minor revisions. This section
was last updated on November 8, 2021 with adoption of the 2021 International Code Series,
published by the International Code Council, Inc. (ICC), and the 2020 National Electrical Code.
BACKGROUND INFORMATION
The building-related and fire codes that apply to the construction, alteration, enlargement,
replacement, use and occupancy of every building or structure are updated by the International
Code Council (ICC) and National Fire Protection Association (NFPA) every three years.
Currently, Alamo Heights is operating under the 2021 editions of the International Building Code
(IBC), International Existing Building Code (IEBC), International Fire Code (IFC), International
Residential Code (IRC), International Mechanical Code (IMC), International Fuel Gas Code
(IFGC), International Plumbing Code (IPC), International Property Maintenance Code (IMPC),
International Energy Conservation Code and the 2020 edition of the National Electrical Code
(NEC). The City of Alamo Heights adopted the most recent code cycle on November 8, 2021,
which went into effect on December 31, 2021.
The adopted code series amended Chapter 5, Building and Building Regulations, Article II – Codes
Adopted by Reference. Upon recent outside review of Article II, the need to incorporate text
omissions, clarifying language, and other minor revisions were observed.
POLICY ANALYSIS
The International Code Council reviews, makes changes, and publishes the new International Code
Series every three (3) years. The International Code Series establishes model codes and standards
and building safety solutions for all buildings and structures. Updating the various building-related
and fire codes, corresponding local amendments, and any subsequent revisions to the Code
language are intended to keep the City of Alamo Heights current with minimum construction
requirements in order to safeguard the public’s health, safety, and general welfare.
COORDINATION
Staff has worked with the City Attorney, City Secretary, and City Manager.
FISCAL IMPACT
There is no fiscal impact on the City.
ATTACHMENTS
Attachment A – Ordinance
______________________
Phil Laney
Assistant City Manager
______________________
Buddy Kuhn
City Manager
Attachment A
1
ORDINANCE NO. 2216
AN ORDINANCE AMENDING CHAPTER 5, BUILDING AND
BUILDING REGULATIONS, ARTICLE II – CODES ADOPTED
BY REFERENCE, OF THE CODE OF ORDINANCES, TO
INCORPORATE TEXT OMISSIONS AND CLARIFYING
LANGUAGE RELATED TO THE ADOPTION OF THE 2021
INTERNATIONAL CODE SERIES-ICC AND THE 2020
NATIONAL ELECTRICAL CODE; REPEALING ALL PARTS
OF ORDINANCES IN CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; AN OPEN MEETINGS CLAUSE;
AND AN EFFECTIVE DATE.
WHEREAS, the City of Alamo Heights is a Home Rule Municipality located in Bexar
County, Texas, established in accordance with provisions of its Charter, the Texas Constitution
and statutes, including the Texas Local Government Code; and
WHEREAS, Chapter 54.001 of the Texas Local Government Code provides the general
authority for the City of Alamo Heights to enforce each rule, Ordinance, or police regulation of
the City of Alamo Heights and to punish a violation of an Ordinance; and
WHEREAS, Chapter 214, Subchapter G of the Texas Local Government Code provides
the general authority for the City of Alamo Heights to adopt certain Building and Regulatory Codes
and to enact local amendments to same; and
WHEREAS, the City of Alamo Heights enhanced the regulation of property maintenance
and building activities based on best management practices through the November 8, 2021
adoption of the 2021 International Code Series, published by the International Code Council, Inc.
(ICC), and the 2020 National Electrical Code; and
WHEREAS, the City Council hereby declares that all local code amendment regulations
and standards are in furtherance of the City’s public safety departments and are not enacted to
hinder development and construction; and
WHEREAS, it’s imperative for the City of Alamo Heights to ensure regulations are clearly
stated and adopted for the protection of its citizens and efficient city operations; and
WHEREAS, the City of Alamo Heights desires to comply with all state regulations; and
WHEREAS, the City of Alamo Heights desires to protect the public health, safety, and
welfare.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ALAMO HEIGHTS, TEXAS THAT:
Attachment A
2
SECTION 1: Findings. The recitals are hereby found to be true and correct and are hereby
incorporated as part of this Ordinance.
SECTION 2: Amendments to Articles II of Chapter 5 of the Code of Ordinances are hereby
adopted as follows:
ARTICLE II. CODES ADOPTED BY REFERENCE
Sec. 5-25. – Resolution of Conflicts.
Whenever any conflict shall occur between the international codes and the national code,
the most restrictive shall apply. When a conflict exists between any adopted code and this
Code, this Code shall prevail.
Sec. 5-26. – 2021 International Building Code, 2021 International Residential Code
for One- and Two-Family Dwellings, 2021 International Existing Building Code, and
2021 International Energy Conservation Code adopted.
Adopted for immediate use are the 2021 International Building Code, 2021 International
Residential Code for One- and Two-Family Dwellings, 2021 International Existing
Building Code, and 2021 International Energy Conservation Code.
Sec. 5-27 5-28. – 2021 International Property Maintenance Code adopted.
Adopted for immediate use is the 2021 International Property Maintenance Code.
Sec. 5-28 5-29. – 2021 International Mechanical Code adopted.
Adopted for immediate use is the 2021 International Mechanical Code.
Sec. 5-29 5-30 – 2020 National Electrical Code adopted.
Adopted for immediate use is the 2020 National Electrical Code.
Sec. 5-30 5-31. – 2021 International Plumbing Code and 2021 International Fuel Gas
Code adopted.
Adopted for immediate use are the 2021 International Plumbing Code and 2021
International Fuel Gas Code.
Sec. 5-31 5-32. – 2021 International Fire Code adopted, inclusive of Appendix B Fire
Flow for Buildings, Appendix C Fire Hydrant Location and Distribution, Appendix
D Fire Apparatus Access Roads, and Appendix E Hazard Categories, as published by
the International Code Council, Inc.
Adopted for immediate use is the 2021 International Fire Code, inclusive of Appendix B
Fire Flow for Buildings, Appendix C Fire Hydrant Location and Distribution, Appendix D
Fire Apparatus Access Roads, and Appendix E Hazard Categories, as published by the
International Code Council, Inc.
Sec. 5-33. References and terms.
Secs. 5-32 5-34 - 5-39. – Reserved.
Attachment A
3
Save and except such portions of such codes as are hereinafter deleted, modified or
amended, or inconsistent with or in conflict with any other provisions of this Code of Ordinances
or any statute of the State of Texas, and the same are hereby adopted and incorporated herein as
fully as if set out verbatim herein.
SECTION 3: Conflicting Ordinances or Resolutions. All resolutions or ordinances or parts
thereof conflicting or inconsistent with the provisions of this ordinance as adopted and amended
herein, are hereby REPEALED to the extent of such conflict. In the event of a conflict or
inconsistency between this ordinance and any other resolution, code or ordinance of the City, or
parts thereof, the terms and provisions of this ordinance shall govern.
SECTION 4: Severability. If any section, subsection, clause, phrase, or word of this ordinance
is declared unconstitutional or invalid for any purpose, the remainder of this ordinance shall not
be affected thereby and to this end the provisions of this ordinance are declared to be severable.
SECTION 5: Open Meetings. It is hereby officially found and determined that the meeting at
which this ordinance is passed was open to the public as required and that public notice of the
time, place, and purpose of said meeting was given as required by the Open Meetings Act.
SECTION 6: Penalty. Any violation of any provision of this Ordinance shall be subject to the
penalty prescribed in Section 5-2 of the City of Alamo Height’s Code of Municipal Ordinances.
SECTION 7: Effective Date. This ordinance shall be effective from and after its approval and
passage in accordance with the Texas Local Government Code and the city charter.
PRESENTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALAMO
HEIGHTS, TEXAS THIS 13TH DAY OF NOVEMBER 2023.
BOBBY ROSENTHAL, MAYOR
ATTEST:
ELSA T. ROBLES, CITY SECRETARY
APPROVED AS TO FORM:
FRANK J. GARZA, CITY ATTORNEY
Ad

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Item # 8 - Chpt. 5 Bldg Amendments

  • 1. CITY OF ALAMO HEIGHTS ADMINISTRATION DEPARTMENT CITY COUNCIL AGENDA MEMORANDUM TO: Mayor and City Council FROM: Phil Laney, Assistant City Manager SUBJECT: An Ordinance amending Chapter 5, Building and Building Regulations, Article II – Codes Adopted by Reference to incorporate text omissions and clarifying language related to the adoption of the 2021 International Code Series-ICC and the 2020 National Electrical Code DATE: November 13, 2023 SUMMARY An ordinance amending Chapter 5, Building and Building Regulations, Article II – Codes Adopted by Reference to incorporate text omissions, clarifying language, and minor revisions. This section was last updated on November 8, 2021 with adoption of the 2021 International Code Series, published by the International Code Council, Inc. (ICC), and the 2020 National Electrical Code. BACKGROUND INFORMATION The building-related and fire codes that apply to the construction, alteration, enlargement, replacement, use and occupancy of every building or structure are updated by the International Code Council (ICC) and National Fire Protection Association (NFPA) every three years. Currently, Alamo Heights is operating under the 2021 editions of the International Building Code (IBC), International Existing Building Code (IEBC), International Fire Code (IFC), International Residential Code (IRC), International Mechanical Code (IMC), International Fuel Gas Code (IFGC), International Plumbing Code (IPC), International Property Maintenance Code (IMPC), International Energy Conservation Code and the 2020 edition of the National Electrical Code (NEC). The City of Alamo Heights adopted the most recent code cycle on November 8, 2021, which went into effect on December 31, 2021. The adopted code series amended Chapter 5, Building and Building Regulations, Article II – Codes Adopted by Reference. Upon recent outside review of Article II, the need to incorporate text omissions, clarifying language, and other minor revisions were observed. POLICY ANALYSIS The International Code Council reviews, makes changes, and publishes the new International Code Series every three (3) years. The International Code Series establishes model codes and standards and building safety solutions for all buildings and structures. Updating the various building-related and fire codes, corresponding local amendments, and any subsequent revisions to the Code language are intended to keep the City of Alamo Heights current with minimum construction requirements in order to safeguard the public’s health, safety, and general welfare. COORDINATION Staff has worked with the City Attorney, City Secretary, and City Manager. FISCAL IMPACT There is no fiscal impact on the City.
  • 2. ATTACHMENTS Attachment A – Ordinance ______________________ Phil Laney Assistant City Manager ______________________ Buddy Kuhn City Manager
  • 3. Attachment A 1 ORDINANCE NO. 2216 AN ORDINANCE AMENDING CHAPTER 5, BUILDING AND BUILDING REGULATIONS, ARTICLE II – CODES ADOPTED BY REFERENCE, OF THE CODE OF ORDINANCES, TO INCORPORATE TEXT OMISSIONS AND CLARIFYING LANGUAGE RELATED TO THE ADOPTION OF THE 2021 INTERNATIONAL CODE SERIES-ICC AND THE 2020 NATIONAL ELECTRICAL CODE; REPEALING ALL PARTS OF ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AN OPEN MEETINGS CLAUSE; AND AN EFFECTIVE DATE. WHEREAS, the City of Alamo Heights is a Home Rule Municipality located in Bexar County, Texas, established in accordance with provisions of its Charter, the Texas Constitution and statutes, including the Texas Local Government Code; and WHEREAS, Chapter 54.001 of the Texas Local Government Code provides the general authority for the City of Alamo Heights to enforce each rule, Ordinance, or police regulation of the City of Alamo Heights and to punish a violation of an Ordinance; and WHEREAS, Chapter 214, Subchapter G of the Texas Local Government Code provides the general authority for the City of Alamo Heights to adopt certain Building and Regulatory Codes and to enact local amendments to same; and WHEREAS, the City of Alamo Heights enhanced the regulation of property maintenance and building activities based on best management practices through the November 8, 2021 adoption of the 2021 International Code Series, published by the International Code Council, Inc. (ICC), and the 2020 National Electrical Code; and WHEREAS, the City Council hereby declares that all local code amendment regulations and standards are in furtherance of the City’s public safety departments and are not enacted to hinder development and construction; and WHEREAS, it’s imperative for the City of Alamo Heights to ensure regulations are clearly stated and adopted for the protection of its citizens and efficient city operations; and WHEREAS, the City of Alamo Heights desires to comply with all state regulations; and WHEREAS, the City of Alamo Heights desires to protect the public health, safety, and welfare. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALAMO HEIGHTS, TEXAS THAT:
  • 4. Attachment A 2 SECTION 1: Findings. The recitals are hereby found to be true and correct and are hereby incorporated as part of this Ordinance. SECTION 2: Amendments to Articles II of Chapter 5 of the Code of Ordinances are hereby adopted as follows: ARTICLE II. CODES ADOPTED BY REFERENCE Sec. 5-25. – Resolution of Conflicts. Whenever any conflict shall occur between the international codes and the national code, the most restrictive shall apply. When a conflict exists between any adopted code and this Code, this Code shall prevail. Sec. 5-26. – 2021 International Building Code, 2021 International Residential Code for One- and Two-Family Dwellings, 2021 International Existing Building Code, and 2021 International Energy Conservation Code adopted. Adopted for immediate use are the 2021 International Building Code, 2021 International Residential Code for One- and Two-Family Dwellings, 2021 International Existing Building Code, and 2021 International Energy Conservation Code. Sec. 5-27 5-28. – 2021 International Property Maintenance Code adopted. Adopted for immediate use is the 2021 International Property Maintenance Code. Sec. 5-28 5-29. – 2021 International Mechanical Code adopted. Adopted for immediate use is the 2021 International Mechanical Code. Sec. 5-29 5-30 – 2020 National Electrical Code adopted. Adopted for immediate use is the 2020 National Electrical Code. Sec. 5-30 5-31. – 2021 International Plumbing Code and 2021 International Fuel Gas Code adopted. Adopted for immediate use are the 2021 International Plumbing Code and 2021 International Fuel Gas Code. Sec. 5-31 5-32. – 2021 International Fire Code adopted, inclusive of Appendix B Fire Flow for Buildings, Appendix C Fire Hydrant Location and Distribution, Appendix D Fire Apparatus Access Roads, and Appendix E Hazard Categories, as published by the International Code Council, Inc. Adopted for immediate use is the 2021 International Fire Code, inclusive of Appendix B Fire Flow for Buildings, Appendix C Fire Hydrant Location and Distribution, Appendix D Fire Apparatus Access Roads, and Appendix E Hazard Categories, as published by the International Code Council, Inc. Sec. 5-33. References and terms. Secs. 5-32 5-34 - 5-39. – Reserved.
  • 5. Attachment A 3 Save and except such portions of such codes as are hereinafter deleted, modified or amended, or inconsistent with or in conflict with any other provisions of this Code of Ordinances or any statute of the State of Texas, and the same are hereby adopted and incorporated herein as fully as if set out verbatim herein. SECTION 3: Conflicting Ordinances or Resolutions. All resolutions or ordinances or parts thereof conflicting or inconsistent with the provisions of this ordinance as adopted and amended herein, are hereby REPEALED to the extent of such conflict. In the event of a conflict or inconsistency between this ordinance and any other resolution, code or ordinance of the City, or parts thereof, the terms and provisions of this ordinance shall govern. SECTION 4: Severability. If any section, subsection, clause, phrase, or word of this ordinance is declared unconstitutional or invalid for any purpose, the remainder of this ordinance shall not be affected thereby and to this end the provisions of this ordinance are declared to be severable. SECTION 5: Open Meetings. It is hereby officially found and determined that the meeting at which this ordinance is passed was open to the public as required and that public notice of the time, place, and purpose of said meeting was given as required by the Open Meetings Act. SECTION 6: Penalty. Any violation of any provision of this Ordinance shall be subject to the penalty prescribed in Section 5-2 of the City of Alamo Height’s Code of Municipal Ordinances. SECTION 7: Effective Date. This ordinance shall be effective from and after its approval and passage in accordance with the Texas Local Government Code and the city charter. PRESENTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALAMO HEIGHTS, TEXAS THIS 13TH DAY OF NOVEMBER 2023. BOBBY ROSENTHAL, MAYOR ATTEST: ELSA T. ROBLES, CITY SECRETARY APPROVED AS TO FORM: FRANK J. GARZA, CITY ATTORNEY