§ 14.026. Amendments.

The International Building Code 2015 Edition adopted by section 14.002 is amended as follows:

Section 101.5 is added to read as follows:

Section 101.5 Nothing within this code shall be construed as limiting the application and enforcement of this code in areas such as Extra-territorial Jurisdiction (ETJ) as may be allowed by local, state, or federal laws, ordinances, or codes.

Section 103 is deleted.

Section 104.7 is deleted.

Section 101.5.1 Any project located in the Extraterritorial Jurisdiction that will be provided water, wastewater or electric utilities by the City of San Marcos is required to obtain a building permit and comply with all applicable building code requirements or provide the appropriate third party inspection approval prior to connection including:

• Water connection—Require a customer service inspection;

• Wastewater connection—Require a third party inspection by a licensed plumbing inspector;

• Electric connection—Require a third party inspection by approved certified inspector.

The City will develop and maintain a list of certified inspectors for each of the appropriate disciplines. Any individual or firm may submit their qualifications to be added to this list.

Section 105.8 is added to read as follows:

105.8 Homestead Permits. Only one and two detached family residence shall qualify for a homestead permit.

Section 107.1.1 is added to read as follows:

107.1.1 All foundations shall be designed by a Licensed and Registered Engineer. The Engineer shall cause all necessary inspections to be performed to insure compliance and submit a sealed letter of conformance stipulating the foundation has been built to his or her design specifications and further that the foundation is compliant with all related provisions of the technical code and related design standards.

Exception: Single family residential room additions and single family residential detached accessory structures may be constructed utilizing the City of San Marcos Residential Room Addition concrete slab foundation design. Use of this design is limited to structures that are one story in height "500" five hundred square feet or less and not attached to a post tension designed slab or foundation.

Section 107.2 is added to read as follows:

107.2.1.1 Any documents prepared by or required to be prepared by a licensed or registered design professional shall bear the professional's seal. The seal shall bear the professional's name and the legend "Licensed Professional Engineer," "Registered Professional Engineer" or "Registered Architect".

Section 107.3.4.1.1 is added to read as follows:

107.3.4.1.1 Design Professional. The design professional shall be an architect or engineer legally licensed or registered under the Texas statutes that regulate the practice of architecture or engineering.

Section 107.3.4.1.2 is added to read as follows:

107.3.4.1.2 In addition to the state law and adopted Building Code certain types of buildings shall be designed by a registered design professional, privately owned buildings with classifications A, E, and I occupancies shall be designed by registered design professionals.

Section 107.3.4.1.3 is added to read as follows:

107.3.4.1.3 The building official may accept a sworn affidavit from a registered architect or engineer stating that the plans submitted conform to the technical codes. For buildings and structures, the affidavit shall state that the plans conform to the laws as to egress, type of construction and general arrangement and, if accompanied by drawings, show the structural design and that the plans and design conform to the requirements of the technical codes as to strength, stresses, strains, loads and stability. The building official may without any examination or inspection accept such affidavit, provided the architect or engineer who made such affidavit agrees to submit to the building official copies of inspection reports as inspections are performed, and upon completion of the structure, electrical, gas, mechanical, and plumbing systems, a certification that the structure, electrical, gas, mechanical, and plumbing system has been erected in accordance with the requirements of the city's adopted codes. Where the building official relies upon such affidavit, the architect or engineer assumes full responsibility for the compliance with all provisions of the technical codes and other pertinent laws or ordinances. Plumbing installed in compliance with the adopted code must be inspected by a plumbing inspector or qualified plumbing inspection business, as determined by the political subdivision that is paid directly by the political subdivision. The plumbing inspector must be licensed as required by 1301.255, 1301.351(b) and 1301.551 of the State of Texas Plumbing License Law.

Section 111 is amended by adding the following:

111.2.13 No certificate of occupancy will be issued until the City has been paid all fees and costs that are related to the building or structure. The fees and costs include those related to the infrastructure of the building, such as impact fees and fees for the installation of water meter and water and wastewater connections.

111.2.14. Before utility service to a non-residential building is initiated for a new owner, occupant or tenant, the owner, occupant or tenant shall apply for and obtain a new certificate of occupancy from the building inspection division.

111.1.1. It is unlawful for a builder, building contractor, or building owner to allow any person to occupy a building until a certificate of occupancy is issued.

Section 112 is amended by adding the following:

112.1.1 It is unlawful for a building owner or occupant to institute utility service to any non-residential structure or transfer utility service from one account holder to another occupant or tenant until the utility service provider has received a utility release from the building inspections department based upon the issuance of a certificate of occupancy for the structure, occupancy or use.

Section 113 is deleted and replaced with the following:

Construction Board of Appeals

113.1 General. There is hereby established a board to be called the Construction Board of Appeals, which is appointed by the City Council.

113.1.1 Applicability. The Construction Board of Appeals replaces sitting boards identified in the ICC Family of Codes adopted by the City of San Marcos unless specifically authorized by local amendment or state law.

113.2 Membership. The board consists of five regular members and two alternate members. The five regular members are composed of one master plumber, one master HVAC contractor, one general contractor, one residential contractor, and one member from the general public. The two alternate members may come from any of the above-mentioned categories. The alternate members will serve in the absence of one or more regular members.

113.3 Terms of Office. The terms of office of the regular and alternate board members are for three-years, and are staggered so no more than 1/3 of the Board is appointed in any 12-month period. If a regular member resigns prior to the end of his or her appointed term of office, the vacancy will be filled by the alternate who has served the longest, and a new alternate member will be appointed by the Council.

113.4 Quorum and Voting. Five members are required for a quorum. In varying any provision of this code or in modifying a decision of the building official, four affirmative votes are required.

113.5 Appeals. The Board will hear appeals and render decisions upon interpretations and rulings by the building official when allowed by this chapter. In deciding an appeal, the Board will determine if the ruling or interpretation is in accordance with the intent and purposes of this chapter and any pertinent adopted code. If the Board determines that the ruling or interpretation is not correct, the building official will not enforce or implement it. If the Board determines that the ruling or interpretation is valid, the applicant or permit holder shall either comply with the ruling or interpretation and remove or remedy all affected work within a timeframe as determined by the Building Official, or request a variance from the Board.

113.6 Variances. The Board may grant a variance which establishes and maintains effective safety. A variance may be granted when the Board finds, upon presentation of adequate evidence that compliance will result in unnecessary and extraordinary hardship and that:

(1)

There are special circumstances or conditions applying to the structure, the construction materials or methods, or other related factors that are unique and do not apply generally to other structures, construction materials or methods;

(2)

The special circumstances or conditions were not created by the applicant or permit holder or anyone associated with the applicant or permit holder;

(3)

The granting of the variance will be in general harmony with the purposes of this chapter and will not be materially detrimental to the persons using the structure, to adjacent property, or to the public welfare in general; and

(4)

The variance applied for does not depart from this chapter any more than is required because of the special circumstances or conditions.

If a variance is not granted, the applicant or permit holder shall remove or remedy all affected work, within a time frame as determined by the Building Official.

113.7 Procedures. The Board may promulgate rules governing its meetings and proceedings, subject to this article. The Board will meet as necessary to hear appeals and variances. The Board will conduct a public hearing on each matter that it considers in order to allow any member of the public to speak regarding the matter. Persons desiring a hearing by the Board may be placed on the agenda by providing a written request to the building official. The meeting will be held within 10 days from the date the written request was received.

Section 116 is deleted.

310.1 is amended to read as follows:

310.1 Residential Group R. Residential Group R includes, among others, the use of a building or structure, or a portion thereof, for sleeping purposes when not classified as an Institutional Group I or when not regulated by the International Residential Code in accordance with Section 101.2. Residential occupancies shall include the following:

R-1 Residential occupancies containing sleeping units where the occupants are primarily transient in nature, including:

Boarding houses (transient)

Hotels (transient)

Motels (transient)

Congregate living facilities (transient) with 10 or fewer occupants are permitted to comply with the construction requirements for Group R-3.

Congregate living facilities (transient) with 3 or fewer sleeping units that are part of a single-family dwelling that is owner occupied are permitted to comply with the International Residential Code.

310.5.2.1 For the purpose of this section the term Lodging Houses shall have the meaning of Congregate Living Facilities (transient).

Section 708 is amended as follows:

708.4, exception 5 is deleted.

Section 708.10 is added to read as follows:

708.10 Fire partitions shall be installed in R-2 occupancies in roof-ceiling spaces and floor-ceiling spaces. Irrespective of section 708.4, each tenant space shall be protected by no less than ½-hour fire resistance protection extending to the underside of the floor or roof deck above. There will be no roof penetrations within 4 feet of either side of the fire partition.

Section 708.16 is added to read as follows:

708.16. Fire partitions. In a building or portion of a building of a mixed use B or M occupancy classification, when enclosed spaces are provided for separate tenants, such spaces shall be separated by not less than 1-hour fire resistance.

Section 903.1 is amended by adding the following:

903.1.2 More restrictive section applies. Where fire sprinklers are required in other sections of this code, the most restrictive requirement will apply to methods of construction, installation, or other system requirements.

Section 903 is amended by adding the following:

903.2.12.6 Other occupancy classifications. An automatic sprinkler system shall be provided throughout all buildings classified as Group B or Group F-2 having a fire area exceeding 18,000 square feet.

903.2.13.6 Additions and Expansions. Any building constructed after April 1, 2002, that exceeds 18,000 sq. ft. or any attached construction, alteration, or addition to an existing structure of any group that causes the structure to exceed 18,000 sq. ft. for purposes of this section, an automatic fire sprinkler system is to be installed in the non-conforming or existing structure in addition to the new construction area.

Section 903.4 Exception 3 is deleted.

Sections 1507.8 and 1507.9 are deleted and replaced with the following:

1507.8. Wood shingles and shakes are prohibited as new or replacement roofing material, except that wood shingles and shakes as the primary roofing surface in existence on January 1, 2001, may be replaced with UL listed fire retardant shingles or shakes that are approved by the fire marshal.

Section 3001 is amended by adding the following:

3001.5 If there is a conflict between state law, the International Building Code or local code amendments, the most restrictive provision shall apply.

Section 3305 is amended by adding the following:

3305.2 Construction Debris/Trash Containment. Contractors shall ensure that every construction, remodel, repair, or renovation site has a method of containment for construction debris and trash. The contractor shall ensure that construction debris and trash are removed from the site on a regular basis so that the site is maintained in a clean, sanitary, and safe condition at all times.

3305.3 Sanitary Facilities. Contractors shall ensure that every construction, remodel, repair, or renovation site has adequate sanitary facilities for all workers. The contractor shall ensure that these facilities are kept in a clean and sanitary condition at all times.

3305.4 Street Cleaning. Adjacent streets to the construction site shall be maintained and free of dirt, mud, rocks and other construction debris at all times. Dirt, gravel, etc., shall not be swept, washed, or otherwise deposited into unprotected storm water conveyance systems.

3305.5 Spoils piles. All spoils piles shall be utilized on site or removed from construction sites as soon as possible. While onsite, all piles must be minimized in height, volume and footprint, and in no case shall piles exceed eight feet in height. Seeding or covering of undisturbed portions of spoils piles is required if the piles will not be increased or decreased for more than 14 calendar days, as specified in TPDES construction stormwater pollution prevention plan regulations, regardless of the size of the site and/or pile. In no case shall site and/or building final inspections be approved until all spoils piles have been removed from construction sites.

3305.6 Jobsite Management. The Building Official shall have approval of all staging areas for jobsites where there are site constraints that may affect the surrounding areas.

3305.7 Truck Routes. The Building Official shall have approval of all truck routes within the City Limits, used for construction purposes such as excavation transport, ready-mix pour, etc.

( Ord. No. 2015-21, § 1, 7-7-15 ; Ord. No. 2018-04 , § 7, 4-17-18)