Texas Building Codes (2001-2021) PDF

Scott Houston TML (Texas Municipal League) Special Counsel - July 2021 **What is the current state of building codes for Texas cities?** - In 2001, at the behest of homebuilders, the Texas Legislature adopted S.B. 365, now codified at 214.211 et seq. of the Texas Local Government Code....

Scott Houston TML (Texas Municipal League) Special Counsel - July 2021 **What is the current state of building codes for Texas cities?** - In 2001, at the behest of homebuilders, the Texas Legislature adopted S.B. 365, now codified at 214.211 et seq. of the Texas Local Government Code. S.B. 365 adopted the IRC and the NEC as the standard building codes for residential construction in Texas cities starting January 15 2002. House Bill 738 (2021) updates the code to the 2012 edition, effective January 1, 2022. Under the statute, cities are authorized to make any amendments \"that may add, modify, or remove requirements set by the code\" to meet local concerns, regardless of whether the amendments are \"less stringent\" than the original code provisions. See Op. Tex. Atty Gen. No. GA-0297 (2005). The new bill also added a public hearing requirement to any IRC amendment. - In 2001, the legislature also adopted S.B. 5, which is now codified at S 388.003 of the Texas Health and Safety Code. S.D. 5 adopted the Energy Efficiency Chapter of the RC for single-family residential construction and the IECC for all other residential, commercial, and industrial construction. The bill became effective on September 1, 2001, and cities were required to establish procedures for the administration and enforcement of the codes by that date. Under this law as well, cities are authorized to make amendments to the codes to meet local concerns. Regarding the energy codes, however, local amendments may not result in less stringent energy efficiency requirements in nonattainment areas and in affected counties than the energy efficiency chapter of the IRC or IECC. However, legislation in 2015 authorized an \"alternate compliance path for residential construction (see below). A \"nonattainment\' area is one that has failed to meet federal standards for ambient air quality. The major metropolitan areas of the state are all in nonattainment status. An \"affected county\" is one listed in state law that is typically surrounding a nonattainment area. See Tex. Health and Safety Code 386.001. - In 2001, the legislature adopted H-B- 217, which is now codified at 1301.255 of the Texas Occupations Code (the plumbing license law). The section requires the Texas Board of Plumbing Examiners to adopt the UPC and the IPC. Currently, the board has adopted the 2012 editions of those codes. 22 T.A.C. 367.2(a). Section 1301.255(d) provides that a city may amend any provisions of a plumbing code to conform to local concerns that do not substantially vary from board rules or other rules of this state. (Note that plumbing installed under a plumbing code must be inspected by a licensed plumbing inspector who is paid directly by the city. Tex. Occ. Code 1301.255(e).) - In 2003, S.B. 283 was passed and requires any city that adopts a building code, other than the IRC, to adopt and enforce either prescriptive provisions for the rehabilitation of buildings or the rehabilitation code that accompanies the city\'s building code. This bill was an anomaly related to one city and shouldn\'t be applicable to most cities. The bill is codified at 214.215 et seq. of the Texas Local Government Code. - In 2003, H.B. 730 was passed and created the Texas Residential Construction Commission. The purpose of the bill was to create standards for home buyer complaints against builders. The bill used the IRC as the standard for those complaints. However, the bill did not affect city authority or impose any additional requirements on cities. (In 2009, the commission was abolished, and H.B. 2833 granted 253 counties limited enforcement authority relating to building codes.) - - - - - - a. A municipality with more than 5,000 inhabitants shall regulate by ordinance or bylaw the material, construction, alteration, and inspection of any pipe, faucet, tank, valve, water heater, or other fixture by or through which a supply of water, gas, or sewage is used or carried. b. Any other municipality may regulate by ordinance or bylaw the matters described by Subsection (a). a. Single-family residential construction. Effective September 1, 2016, the energy efficiency chapter of the International Residential Code, as it existed on May 1, 2015, and as supplemented by Health and Safety Code, 5388.003(i) and (j), is adopted as the energy code in This stare for single-family residential construction as it is defined in Health and Safety Code, 5388.002(12). b. All other residential, commercial, and industrial construction. Effective November l, 2016, the International Energy Conservation Code, as it existed on May l, 2015, is adopted as the energy code for use in this state for all residential, commercial, and industrial construction that is not single-family residential construction under subsection (a) of this section. A. the engineer or architect has reviewed the material safety data sheets for the materials used in the original construction, the subsequent renovations or alterations of all parts of the building affected by the planned renovation or demolition, and any asbestos surveys of the building previously conducted in accordance with this chapter; and B. in the engineer\'s or architect\'s professional opinion, all parts of the building affected by the planned renovation or demolition do not contain asbestos, **\ **