18-106 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 18-106
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, ESTABLISHING
A NEW ARTICLE 3.20, "EXISTING BUILDING CODE," OF THE CODE OF
ORDINANCES OF THE TOWN OF PROSPER, TEXAS, BY ADOPTING THE
2015 EDITION OF THE INTERNATIONAL EXISTING BUILDING CODE,
SAVE AND EXCEPT THE DELETIONS AND AMENDMENTS SET FORTH
HEREIN; REGULATING THE CONSTRUCTION, ALTERATION,
MOVEMENT, ENLARGEMENT, REPLACEMENT, REPAIR, EQUIPMENT,
USE AND OCCUPANCY, LOCATION, MAINTENANCE, REMOVAL, AND
DEMOLITION OF EVERY EXISTING BUILDING OR STRUCTURE OR ANY
APPURTENANCES CONNECTED OR ATTACHED TO EXISTING
BUILDINGS OR STRUCTURES WITHIN THE TOWN OF PROSPER,
TEXAS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS
ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF
THIS ORDINANCE AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas ("Prosper"), has
investigated and determined that it would be advantageous and beneficial to the citizens of
Prosper to adopt a new Article 3.20, "Existing Building Code"; and,
WHEREAS, the Town Council also has investigated and determined that it would be
advantageous and beneficial to the citizens of the Prosper to adopt the 2015 Edition of the
International Existing Building Code, save and except the deletions and amendments set forth
below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully
set forth herein.
SECTION 2
The Code of Ordinances of the Town of Prosper is hereby amended by adding a new
Article 3.20, "Existing Building Code," to read as follows:
"ARTICLE 3.20 EXISTING BUILDING CODE
Sec. 3.20.001 Code Adopted; amendments
The International Existing Building Code, 2015 Edition, copyrighted by the International Code
Council, Inc., save and except the deletions and amendments set forth in Exhibit "A," attached
hereto and incorporated herein for all purposes, is hereby adopted as the Existing Building
Code for the Town, regulating the construction, alteration, movement, enlargement,
replacement, repair, equipment, use and occupancy, location, maintenance, removal, and
Ordinance No. 18-106, Page 1 of 8
demolition of every existing building or structure or any appurtenances connected or attached to
existing buildings or structures within the Town (the "2015 International Existing Building Code").
The 2015 International Existing Building Code is made a part of this Article as if fully set forth
herein. A copy of the International Existing Building Code, 2015 Edition, copyrighted by the
International Code Council, Inc., is on file in the office of the Town Secretary of Prosper being
marked and so designated as the 2015 International Existing Building Code.
Sec. 3.20.002 Penalty for violation
Any person, firm, corporation, or business entity violating this Article shall be deemed guilty of a
misdemeanor, and upon conviction therefore, shall be fined a sum not exceeding Two
Thousand Dollars ($2,000.00), and each and every day that such violation continues shall be
considered a separate offense; provided, however, that such penal provision shall not preclude
a suit to enjoin such violation. The Town retains all legal rights and remedies available to it
pursuant to local, state and federal law."
SECTION 3
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict; but such repeal shall not abate any pending prosecution for violation
of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for
any violation if occurring prior to the repeal of the ordinance. Any remaining portion of conflicting
ordinances shall remain in full force and effect.
SECTION 4
If any section, subsection, sentence, clause or phrase of this Ordinance is for any
reason, held to be unconstitutional or invalid by a court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this Ordinance. The Town of Prosper
hereby declares that it would have passed this Ordinance, and each section, subsection, clause
or phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, and phrases be declared unconstitutional.
SECTION 5
This Ordinance shall become effective January 1, 2019, after its passage and
publication as required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS 11T" DAY OF DECEMBER, 2018.
APPROVED:
Ray Smith, Ma or
Ordinance No. 18-106, Page 2 of 8
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APPROVED AS TO FORM AND
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Terrence S. Welch, Town Attorney
Ordinance No. 18-106, Page 3 of 8
Exhibit A
TOWN OF PROSPER AMENDMENTS
2015 INTERNATIONAL EXISTING BUILDING CODE
The following additions, deletions, and amendments to the 2015 International Existing Building
Code adopted herein are hereby approved and adopted.
Section [A] 102.4 Referenced codes and standards of the 2015 International Existing
Building Code is amended 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.
Section 202 GENERAL DEFINITIONS of the 2015 International Existing Building Code,
definition of "EXISTING BUILDING" is amended to read as follows:
[A] EXISTING BUILDING - A building, structure, or space, with an approved
final inspection issued under a code edition which is at least two (2) published
code editions preceding the currently adopted building code; or a change of
occupancy.
Sections 405.1.2 Existing fire escapes of the 2015 International Existing Building Code
is amended to read as follows:
405.1.2 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.
Section 405.1.3 New fire escapes of the 2015 International Existing Building Code is
amended to delete this Section in its entirety.
Section 406.2 Replacement window opening control devices of the 2015
International Existing Building Code is amended to read as follows:
406.2 Replacement window opening control devices. In Group R-2 or R-3
buildings containing dwelling units, window opening control devices complying
with ASTM F 2090 shall be installed where an existing window is replaced and
where all of the following apply to the replacement window ...
The window opening control device, after operation to release the control
device allowing the window to fully open, shall not reduce the minimum net
clear opening area of the window unit to less than the area required by Section
1030.2. {no change to remaining text.}
Section 406.3 Replacement window emergency escape and rescue openings of the
2015 International Existing Building Code is amended to read as follows:
Ordinance No. 18-106, Page 4 of 8
406.3 Replacement window emergency escape and rescue openings.
Where windows are required to provide emergency escape and rescue
openings in Group R-2 and R-3 occupancies, replacement windows shall be
exempt from the requirements of Sections 1030.2, 1030.3, and 1030.5
provided the replacement window meets the following conditions: {no change
to remaining text}
Section 409.1 Conformance of the 2015 International Existing Building Code is
amended by adding an Exception to read as follows:
Exception: Moved historic buildings need not be brought into compliance with
the exception of new construction features required as the result of such
movement including, but not limited to, foundations and/or other structural
elements.
Section 410.1 Scope of the 2015 International Existing Building Code is amended by
adding an Exception to read as follows:
Exception: Components of projects regulated by and registered with the
Architectural Barriers Division of the Texas Department of Licensing and
Regulation shall be deemed to be in compliance with the requirements of this
Chapter.
Section 410.4.2 Complete change of occupancy of the 2015 International Existing
Building Code is amended by adding 7. to the list of requirements to read as follows:
7. At least one (1) accessible family or assisted use toilet room shall be
provided in accordance with Chapter 11.
Section 602.3 Glazing in hazardous locations of the 2015 International Existing
Building Code is amended by adding a code reference to read as follows:
602.3 Glazing in hazardous locations. Replacement glazing in hazardous
locations shall comply with the safety glazing requirements of the 2015
International Existing Building Code, the currently adopted International Energy
Conservation Code, or the currently adopted International Residential Code, as
applicable.
Section 607.1 Material of the 2015 International Existing Building Code is amended to
read as follows:
607.1 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.
Section 702.6 Materials and methods of the 2015 International Existing Building Code
Ordinance No. 18-106, Page 5 of 8
is amended to read as follows:
702.6 Materials and methods. All new work shall comply with the materials
and methods requirements in the 2015 International Existing Building Code,
the currently adopted International Energy Conservation Code, the currently
adopted International Mechanical Code, the currently adopted National Electrical
Code, and the currently adopted 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.
Section 802.1 General of the 2015 International Existing Building Code is amended to
read as follows:
802.1 General. Alteration of buildings classified as special use and occupancy
as described in Chapter 4 shall comply with the requirements of Section 801.1
and the scoping provisions of Chapter 1, where applicable.
Section 803.5.1 Minimum requirement of the 2015 International Existing Building Code
is amended to read as follows:
803.5.1 Minimum requirement. Every portion of open -sided walking
surfaces, including mezzanines, equipment platforms, aisles, stairs, ramps
and landings that are not provided with guards, or those in which the existing
guards are judged to be in danger of collapsing, shall be provided with guards.
Section 804.1 Scope of the 2015 International Existing Building Code is amended by
adding a 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 bound 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.
Section 804.2.2 Groups A, B, E, F-1, H, I, M, R-1, R-2, R-4, S-1 and S-2 of the 2015
International Existing Building Code 2. Exception is amended to read as follows:
Exception: Where the building does not have sufficient municipal water
supply for design of a fire sprinkler system available to the floor without
installation of a new fire pump, fire sprinkler protection shall not be required.
Section 804.2.5 Supervision of the 2015 International Existing Building Code
Exception is amended to read as follows:
Exception: Supervision is not required where the Fire Code does not require
such for new construction.
Section 804.3 Standpipes of the 2015 International Existing Building Code is amended
to read as follows:
Ordinance No. 18-106, Page 6 of 8
804.3 Standpipes. Refer to Section 1103.6 of the Fire Code for retroactive
standpipe requirements.
Section 805.2 General of the 2015 International Existing Building Code is amended to
remove Exception 1. in its entirety.
Section 805.3.1.1 Single -exit buildings of the 2015 International Existing Building Code
is amended to remove 4. in its entirety.
Section 805.3.1.2 Fire escapes required of the 2015 International Existing Building
Code is amended to read as follows:
805.3.1.2 Fire escapes required. For other than Group 1-2, where more than
one (1) exit is required, an existing fire escape complying with Section
805.3.1.2.1 shall be accepted as providing one (1) of the required means of
egress.
Section 805.3.1.2.1 Fire escape access and details of the 2015 International Existing
Building Code is amended to read as follows:
805.3.1.2.1 Fire Escape access and details.
1. {no change to text.}
2. Access to a fire escape shall be through a door.
3. (delete in its entirety.)
4. {no change to text.}
5. In all buildings of Group E occupancy up to and including the 12th grade,
buildings of Group I occupancy, boarding houses, and childcare centers,
ladders of any type are prohibited on fire escapes used as a required means of
egress.
Section 805.3.1.2.2 Construction of the 2015 International Existing Building Code is
amended to delete this Section in its entirety.
Section 805.3.1.2.3 Dimensions of the 2015 International Existing Building Code is
amended to delete this Section in its entirety.
Section 805.5.2 Transoms of the 2015 International Existing Building Code is amended by
adding a sentence to read as follows:
B and E occupancies are not included in the list and consideration should be
given to adding them depending on existing buildings stock.
Section 806.2 Stairways and escalators in existing buildings of the 2015 International
Existing Building Code is amended by adding an Exception to read as follows:
Exception: Components of projects regulated by and registered with the
Architectural Barriers Division of the Texas Department of Licensing and
Regulation shall be deemed to be in compliance with the requirements of this
Chapter.
Ordinance No. 18-106, Page 7 of 8
Section 904.1 Automatic sprinkler systems of the 2015 International Existing Building
Code is amended by adding add a 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. 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.
Section 904.1.1 High-rise buildings of the 2015 International Existing Building Code is
amended by adding a sentence to read as follows:
904.1.1 High-rise buildings. An automatic sprinkler system shall be provided in
work areas of high-rise buildings.
Section 1401.2 Applicability of the 2015 International Existing Building Code is
amended to read as follows:
1401.2 Applicability. Structures existing prior to the date of an approved final
inspection issued under a code edition which is at least two (2) published code
editions preceding the currently adopted building code; or a change of
occupancy, {no change to remaining text.}
Section 1401.3.2 Compliance with other codes of the 2015 International Existing
Building Code is amended to read as follows:
1401.3.2 Compliance with other codes. Buildings that are evaluated in
accordance with this Section shall comply with the currently adopted
International Fire Code.
Chapter 16 — Referenced Standards of the 2015 International Existing Building Code is
amended to read as follows:
IECC Edition as adopted by the State of Texas International Energy Conservation Code®.
301.2, 702.6, 708.1, 811.1, 908.1
End of Exhibit "A"
Ordinance No. 18-106, Page 8 of 8