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Ordinance 2017-34ORDINANCE NO. 2017-34 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REPEALING ORDINANCE NO. 2012-32; ADOPTING THE 2015 EDITION OF THE INTERNATIONAL ENERGY CONSERVATION CODE, SAVE AND EXCEPT THE DELETIONS AND AMENDMENTS SET FORTH HEREIN; 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 City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ("Wylie") to repeal Wylie Ordinance No. 2012-32; and WHEREAS, the City Council has investigated and determined that it would be advantageous and beneficial to the citizens of Wylie to adopt the 2015 Edition of the International Energy Conservation Code for residential and commercial buildings, save and except the deletions and amendments set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Ordinance No. 2012-32 Repealed. Wylie Ordinance No. 2012-32 is repealed in its entirety and replaced by this Ordinance. The effective date of the repeal discussed in this Section shall not occur until the effective date of this Ordinance at which time Ordinance No. 2012-32 shall be repealed. Such repeal shall not abate any pending prosecution and/or lawsuit or prevent any prosecution and/or lawsuit from being commenced for any violation of Ordinance No. 2012-32 occurring before the effective date of this Ordinance. SECTION 3: Adoption of the 2015 International Energy Conservation Code. The International Energy Conservation Code, copyrighted by the International code Council, Inc., save and except the amendments set forth in Exhibit "A", attached hereto and incorporated herein for all purposes, is hereby adopted as the residential and commercial energy code for Wylie, prescribing regulations applicable to all residential and commercial buildings as applicable, existing premises and structures and constitutes minimum requirements and standards for residential and commercial buildings, as applicable, and existing premises construction applications (the "2015 International Energy Conservation Code"). The 2015 International energy Conservation Code is made a part of this Ordinance as if fully set forth herein. One (1) copy of the 2015 International Energy Conservation Code is on file in the office of the City Secretary of Wylie being marked and designated as the 2015 International Energy Conservation Code. Ordinance No. 2017-34 Repealing Ordinance No. 2012-32; Adopting the 2015 Edition of the International Energy Conservation Code Page 1 SECTION 4: Savings/Repealing Clause. 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. A reference in any ordinance to an earlier or different version of an electrical code is hereby amended to refer to the 2015 International Energy Conservation Code as it is adopted herein or may be subsequently amended. SECTION 5: Penalty Provision. Any person, firm, corporation or entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the sum of TWO THOUSAND AND NO/100 DOLLARS ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: Severability. 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. Wylie 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 7: Effective Date. This Ordinance shall become effective upon its passage and publication as required by the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 12th day of December, 2017. ATTESTED AND CORRECTLY RECO LI ED: Carole Ehrlich,y Secretary Date(s) of Publication: December 20, 2017 in the Wylie News. Ordinance No. 2017-34 Repealing Ordinance No. 2012-32; Adopting the 2015 Edition of the International Energy Conservation Code Page 2 Exhibit A Recommended Amendments to the 2015 International Energy Conservation Code North Central Texas Council of Governments Region (Climate Zone 3 of the IECC) The following sections, paragraphs, and sentences of the 2015 International Energy Conservation Code (IECC) are hereby amended as follows: Standard type is text from the IECC. Underlined type is text inserted. A double (**) asterisk at the beginning of a section identifies an amendment carried over from the 2012 edition of the code and a triple (***) asterisk identifies a new or revised amendment with the 2015 code. Note: Historically NCTCOG has limited Chapter 1 amendments in order to allow each city to insert their local policies and procedures. We now have suggested certain items to be brought to the attention of cities considering adoption of the code that may be of concern to several jurisdictions. It is still intended to be discretionary to each city to determine which Chapter 1 amendments to include. The 2015 IECC contains separate provisions for commercial buildings and for residential buildings 3 stories or less. The provisions of the commercial buildings are preceded by "C" for Commercial. The provisions for residential buildings 3 stories or less are preceded by "R" for residential buildings. Each set of provisions are separately applied to buildings within their respective scope. Each set of provisions also contains a Scope and Administration chapter, a Definitions chapter, a General Requirements chapter and a chapter containing energy efficiency requirements applicable to building within their respective scope. Recommended amendments that match sections in each of the respective provisions ("C" and "R") are written to represent both sections rather than duplicating the recommended amendment in this document. Sections N1101.2 through N1105 of the 2015 International Residential Code (IRC) are noted to be extracted from the 2015 IECC. The Building and Residential Advisory Board (BRAB) recommends amending Chapter 11 [RE] ENERGY EFFICIENCY of the 2015 IRC to refer to the residential provisions of the 2015 IECC. The Governor signed HB1736 into law on June 16, 2015. HB1736 adopts energy efficiency chapter of the International Residential Code as it existing on May 1, 2015, as the energy code for single-family construction (as defined in Section 388.002 of the Health and Safety Code) effective September 1, 2016. The recommended amendments to the 2015 IECC have been analyzed by the Energy Systems Laboratory of the Texas A&M University for stringency with the current Texas Building Energy Performance Standards (TBEPS) which is the 2009 Edition of the IECC and the energy provisions of the 2009 IRC. Some amendments below are noted that effective September 1, 2016, the proposed amendment would be deemed less stringent than the provisions of the 2015 IECC and therefore would no longer be considered a recommended amendment. **Section C102/R102; add Section C102.1.2 and R102.1.2 to read as follows: C102.1.2 Alternative compliance. A building certified by a national, state, or local accredited energy efficiency program and determined by the Energy Systems Laboratory to be in compliance with the energy efficiency requirements of this section may, at the option of the Code Official, be considered in compliance. The United States Environmental Protection Agency's Energy Star Program certification of energy code equivalency shall be considered in compliance. R102.1.2 Alternative compliance. A building certified by a national, state, or local accredited energy efficiency program and determined by the Energy Systems Laboratory to be in compliance with the energy efficiency requirements of this section may, at the option of the Code Official, be considered in Ordinance No. 2017-34 Repealing Ordinance No. 2012-32; Adopting the 2015 Edition of the International Energy Conservation Code Page 3 compliance. The United States Environmental Protection Agency's Energy Star Program certification of energy code equivalency shall be considered in compliance. Regardless of the program or the path to compliance, each 1- and 2 -family dwelling shall be tested for air and duct leakage as prescribed in Section R402.4 and R403.3.3 respectively. (Reason: This amendment is added to allow alternative compliance in accordance with Texas HB 1365, 78th Legislature. Codified in Chapter 388 Texas Building Energy Performance Standards: §388.003(i). The last sentence to Section R102.1.2 was added to insure that every house is tested in accordance with the mandatory provisions of the code.) Section C202 and R202; add the following definition: ***PROJECTION FACTOR. The ratio of the horizontal depth of the overhang, eave or permanently attached shading device, divided by the distance measured vertically from the bottom of the fenestration glazing to the underside of the overhang, eave or permanently attached shading device. (Reason: The amendment to Section 402.3.2 Glazed fenestration SHGC was proposed by the TAB and ESL determined the proposal to be not less restrictive than the 2009, 2012 and 2015 IECC. This added definition is necessary as part of that amendment. The amendment will provide additional options for SHGC selection.) Section R202; add the following definition: ***DYNAMIC GLAZING. Any fenestration product that has the fully reversible ability to change it performance properties, including U -factor, solar heat gain coefficient (SHGC), or visible transmittance (VT) (Reason: This term is referenced in Section R402.3.2. This definition of DYMANIC GLAZING is also found in the Commercial provisions of the code.) ** Table R402.1.2 INSULATION AND FENESTRATION REQUIREMENTS BY COMPONENT; Amend by changing the WOOD FRAME WALL R -VALUE for CLIMATE ZONE 3 to read as follows: 13 (Reason: Retain the values in the 2009 code.) NOTE: Effective September 1, 2016 this proposed amendment is deemed Tess stringent than the residential provisions of the 2015 IECC and therefore would not be considered a recommended amendment. ** Table R402.1.4 EQUIVALENT U -FACTORS; Amend by changing the WOOD FRAME WALL U - FACTOR for CLIMATE ZONE 3 to read as follows: 0.082 (Reason: Retain the values in the 2009 code.) NOTE: Effective September 1, 2016 this proposed amendment is deemed less stringent than the residential provisions of the 2015 IECC and therefore would not be considered a recommended amendment. Ordinance No. 2017-34 Repealing Ordinance No. 2012-32; Adopting the 2015 Edition of the International Energy Conservation Code Page 4 ***Section R402.3.2 Glazed fenestration SHGC; amend by adding a paragraph and table following the exception to read as follows: Where vertical fenestration is shaded by an overhang, eave, or permanently attached shading device, the SHGC required in Table R402.1.2 shall be reduced by using the multipliers in Table R402.3.2 SHGC Multipliers for Permanent Projections. Table R402.3.2 SHGC Multipliers for Permanent Projections a Projection Factor 0-0.10 >0.10 - 0.20 >0.20 - 0.30 >0.30 - 0.40 >0.40 - 0.50 >0.50 - 0.60 >0.60 - 0.70 >0.70 - 0.80 >0.80 - 0.90 >0.90 - 1.00 SHGC Multiplier (all Other Orientation) 1.00 0.91 0.82 0.74 0.67 0.61 0.56 0.51 0.47 0.44 a North oriented means within 45 degrees of true north. SHGC Multiplier (North Oriented) 1.00 0.95 0.91 0.87 0.84 0.81 0.78 0.76 0.75 0.73 (Reason: The amendment to Section 402.3.2 Glazed fenestration SHGC was proposed by the TAB and ESL determined the proposal to be not less restrictive than the 2009 and 2015 IECC. This added definition is necessary as part of that amendment. The amendment will provide additional options for SHGC selection.) **Section R402.4.1.2 Testing; modify the first paragraph to read as follows: R402.4.1.2 Testing. The building or dwelling unit shall be tested and verified as having an air leakage rate of not exceeding 5 air changes per hour in Climate Zone 3. {Remainder of text unchanged) (Reason: The 2015 IECC requires mandatory door blower testing on each dwelling unit. The visual inspection is no longer an option to performance testing. This change will give some additional time for those builders not currently using a performance approach to adapt construction practices.) NOTE: Effective September 1, 2016 this proposed amendment is deemed less stringent than the residential provisions of the 2015 IECC and therefore would not be considered a recommended amendment. ***R402.4.1.2 Testing; Add a last paragraph to read as follows: Mandatory testing shall only be performed by individuals that are certified to perform air infiltration testing certified by national or state organizations as approved by the building official. The certified individuals must be an independent third -party entity, and may not be employed; or have any financial interest in the company that constructs the structure. (Reason: The 2012/15 International Residential Code (IRC) and International Energy Conservation Code (IECC) includes enhanced emphasis on envelope infiltration and duct leakage. Significant changes in the residential energy requirements include more frequent requirement of performance testing for leakage. Residential Duct systems must be tested unless all ducts and equipment are located within the Ordinance No. 2017-34 Repealing Ordinance No. 2012-32; Adopting the 2015 Edition of the International Energy Conservation Code Page 5 conditioned space. Envelope testing is required to demonstrate compliance with maximum allowable leakage rate. This language puts the regulatory authority on notice that the testing requires specialized credentials and establishes a conflict of interest baseline). *** R403.3.3 Duct Testing (Mandatory) Add a last paragraph to read as follows: Mandatory testing shall only be performed by individuals that are certified to perform duct testing leakage testing certified by national or state organizations as approved by the building official. The certified individuals must be an independent third -party entity, and may not be employed; or have any financial interest in the company that constructs the structure. (Reason: The 2015 International Residential Code (IRC) and International Energy Conservation Code (IECC) includes enhanced emphasis on envelope infiltration and duct leakage. Significant changes in the residential energy requirements include more frequent requirement of performance testing for leakage. Residential Duct systems must be tested unless all ducts and equipment are located within the conditioned space. Envelope testing is required to demonstrate compliance with maximum allowable leakage rate. This language puts the regulatory authority on notice that the testing requires specialized credentials and establishes a conflict of interest baseline). **Section C402.2.7/R402.2; Add Section C402.2.9 and R402.2.14 to read as follows: Section C402.2.7/R402.2.14 Insulation installed in walls. To insure that insulation remains in place, insulation installed in walls shall be totally enclosed on all sides consisting of framing lumber, gypsum, sheathing, wood structural panel sheathing, netting or other equivalent material approved by the building official. (Reason: This will increase the performance of the insulation by ensuring that the insulation stays in place.) ***Section R405.6.2; add the following sentence to the end of paragraph: Acceptable performance software simulation tools may include, but are not limited to, REM Rate Im, Energy Gauge and IC3. Other performance software programs accredited by RESNET BESTEST and having the ability to provide a report as outlined in R405.4.2 may also be deemed acceptable performance simulation programs and may be considered by the building official. (Reason: These performance software tools are accredited by RESNET at the time of recommendation.) ***TABLE R406.4 MAXIMUM ENERGY RATING INDEX; amend to read as follows: TABLE R406.41 MAXIMUM ENERGY RATING INDEX CLIMATE ZONE ENERGY RATING INDEX 3 65 1 ' This table is effective until August 31, 2019. TABLE R406.42 Ordinance No. 2017-34 Repealing Ordinance No. 2012-32; Adopting the 2015 Edition of the International Energy Conservation Code Page 6 MAXIMUM ENERGY RATING INDEX CLIMATE ZONE ENERGY RATING INDEX 3 63 The table is effective from September 1, 2019 to August 31, 2022. TABLE R406.43 MAXIMUM ENERGY RATING INDEX CLIMATE ZONE 3 " This table is effective on or after September 1, 2022. ENERGY RATING INDEX 59 (Reason: The tables reflect the values and time table set forth in HB1736.) END APPENDIX In addition to the recommended amendments, the EAGB endorses the attached universal testing form and encourages municipalities to consider incorporating the use of the form locally to minimize the number of forms that the third party testers and energy providers are require. Ordinance No. 2017-34 Repealing Ordinance No. 2012-32; Adopting the 2015 Edition of the International Energy Conservation Code Page 7 The jfatuterSUipe Trines • Murphy Monitor • The Princeton Herald • The Sachsc News • THE WYLIE NEWS STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned authority, on this day personally appeared Chad Engbrock, publisher of C & S Media, dba The Wylie News, a newspaper regularly published in Collin County, Texas and having general circulation in Collin County, Texas, and being in compliance with Section 2051.044, Texas Government Code (a); (1), (2), (3) and (4), who being by me duly sworn, deposed and says that the foregoing attached: City of Wylie Ordinances #2017-31, 2017-32, 2017-33, 2017-34, 2017-35, 2017-36, 2017-37, 2017- 38, 2017-39, 2017-40, 2017-41 was published in said newspaper on the following date(s), to -wit: December 20, 2017. Chad Engbrock, Publisher Subscribed and sworn before me on this, thee` day of �?�-� , 2018 to certify which witness my hand and seal of office. `plttro� SONIA A. DUGGAN ar°?SNotary Public, State of Texas t. v . Comm.,.'v Expires 08-18-2020ii ''�;°;,,�` Notary ID 130783749 Ai, 4, A J/✓���' Notary Publi i • • d for The State of exas My commission expires 0 a .2i Murphy/Sachse/Wylie Office • 110 N. Ballard • P.O. Box 369 • Wylie. TX 75098.972-442-5515 • fax 972-442-4318 Famtersville/Princeton Office • 101 S. Main • P.O. Box 512 • Farmersxille,TX 75442 • 972-784-6397 • fax 972-782-7023 CITY OF WYLIE l Ordinance No. 2017-31 tAn Ordinance of the City of Wylie, Texas, amending the Com- prehensive Zoning Ordinance of the City of Wylie, as hereto- fore amended, so as to change the zon- ing on the hereinaf- ter described prop- erty, Zoning Case Number 2017-07, From Planned Devel- opment 2013 -37 -Sin- gle Family District (PD2013-37-Sf) and Planned Development 2016-27 (PD2016-27- SF) To Planned Devel- opment 2017 -31 -Sin- gle Family District (PD2017-31-SF) to include an additional 2 acres, adjust the al- lowed total lot count, and to allow a day care use by specific use permit; providing for a penalty for the viola- tion of this ordinance; providing for the re- peal of all ordinances in conflict; providing a severability clause; and providing for an effec- tive date. Ordinance No. 2017-32 An Ordinance of the City of Wylie, Texas, repealing Ordinance No. 2013-08; adopting the 2015 edition of the International Building Code For Commercial Buildings, save and ex- cept the deletions and amendments set forth herein; providing for a penalty for the viola- tion of this ordinance; providing for repeal- ing, savings and sev- erability clauses; pro- viding for an effective date of this ordinance; and providing for the publication of the cap- tion hereof. Ordinance No. 2017-33 An Ordinance of the City of Wylie, Texas, repealing Ordinance No. 2012-31, save and except the amendment to ordinance 84-11, and adopting the 2015 edition of the Interna- tional Existing Build- ing Code, save and ex- cept the deletions and amendments set forth herein; providing for a penalty for the viola- tion of this ordinance; providing for repeal- ing, savings and sev- erability clauses; pro- viding for an effective date of this ordinance; and providing for the publication of the cap- tion hereof. Ordinance No. 2017-34 An Ordinance of the City of Wylie, Texas, repealing Ordinance No. 2012-32; adopting the 2015 edition of the International Energy Conservation Code, save and except, the deletions and amend- ments set forth herein; providing For a pen- alty for the violation of this ordinance; provid- ing for repealing, sav- ings and severability clauses; providing for an effective date of this ordinance; and provid- ing for the publication of the caption hereof. Ordinance No. 2017-35 An Ordinance of the City of Wylie, Texas, repealing Ordinance No. 2012-34; adopt- ing the 2015 edition of the International Fuel Gas Code, save and ex- cept the deletions and amendments set forth herein; providing for a penalty for the viola- tion of this ordinance; providing for repeal- ing, savings and sev- erability clauses; pro- viding for an effective date of this ordinance; and providing for the publication of the cap- tion hereof. Ordinance No. 2017-36 An Ordinance of the City of Wylie, Texas, repealing Ordinance No. 2012-35; adopting the 2015 edition of the International Mechani- cal Code, save and ex- cept the deletions and amendments set forth herein; providing for a penalty for the viola- tion of this ordinance; providing for repeal- ing, savings and sev- erability clauses; pro- viding for an effective date of this ordinance; and providing for the publication of the cap- tion hereof. Ordinance No. 2017-37 An Ordinance of the City of Wylie, Texas, repealing Ordinance No. 2012-36; adopting the 2015 edition of the International Plumb- ing Code, save and ex- cept the deletions and amendments set forth herein; providing for a penalty for the viola- tion of this ordinance; providing for repeal- ing, savings and sev- erability clauses; pro- viding for an effective date of this ordinance; and providing for the publication of the cap- tion hereof. Ordinance No. 2017-38 An Ordinance of the City of Wylie, Texas, repealing Ordinance No. 2012-37; adopting the 2015 edition of the International Property Maintenance Code, save and except the deletions and amend- ments set forth herein; providing for a penalty for the violation of this ordinance; providing for repealing, sav- ings and severability clauses; providing for an effective date of this ordinance; and provid- ing for the publication of the caption hereof. Ordinance No. 2017-39 An Ordinance of the City of Wylie, Texas, repealing Ordinance No. 2012-38; adopting the 2015 edition of the International Residen- tial Code, save and ex- cept the deletions and amendments set forth herein; providing for a penalty for the viola- tion of this ordinance; providing for repeal- ing, savings and sev- erability clauses; pro- viding for an effective date of this ordinance; and providing for the publication of the cap- tion hereof. Ordinance No. 2017-40 An 'Ordinance of the City of Wylie, Texas, repealing Ordinance No. 2012-40; adopt- ing the 2017 edition of the National Electrical Code, save and ex- cept the deletions and amendments set forth herein; providing for a penalty for the viola- tion of this ordinance; providing for repeal- ing, savings and sev- erability clauses; pro- viding for an effective date of this ordinance; and providing for the publication of the cap- tion hereof. Ordinance No. 2017-41 An Ordinance of the city council of the City of Wylie, Texas, repealing Ordinance No. 2012-33 and any amendments thereto; adopting the 2015 edition of the Inter- national Fire Code, save and except the deletions and addi- tions set forth herein; prescribing regulations governing, among other things, condi- tions hazardous to life and property from fire, hazardous materials or explosions; providing a penalty clause, sav- ings/repealing clause, severability clause and an effective date; and providing for the pub- lication of the caption ereof. 3-1t-32611