Ordinance 2018-13ORDINANCE NO. 2018-13
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, REPEALING ORDINANCE NO. 2017-33, SAVE AND EXCEPT
THE AMENDMENT TO ORDINANCE 84-11, AND ADOPTING THE 2015
EDITION OF THE INTERNATIONAL EXISTING BUILDING 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. 2017-33; 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
Existing Building Code, 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SECTION 2: Ordinance No. 2017-33 Repealed. Save and Except the Amendment to
Ordinance No. 84-11. Wylie Ordinance No. 2017-33 is repealed in its entirety, save and except the
amendment to Ordinance No. 84-11, 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time Ordinance No. 2017-33 shall be repealed.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. 2017-33 occurring before the effective date of this Ordinance.
SECTION 3: Adoption of the 2015 International Existing Building Code. The 2015 Edition
of the International Existing Building 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 existing building code for Wylie, prescribing regulations
applicable to all residential, nonresidential and commercial buildings, existing premises and
structures (the "2015 International Existing Building Code"), except in the Downtown Historical
District where the currently adopted Zoning Ordinance and amendments may take precedence over
the 2015 International Existing Building Code. The 2015 International Existing Building Code is
made a part of this Ordinance as if fully set forth herein. One (1) copy of the 2015 International
Existing Building Code is on file in the office of the City Secretary of Wylie being marked and
designated as the 2015 International Existing Building Code.
Ordinance No. 2018-13
Repealing Ordinance No. 2017-33; Adopting the 2015 Edition of the International Existing Building Code
2264538
SECTION 4: Savings/Renealina 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 existing building code is hereby
amended to refer to the 2015 International Existing Building 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 10th day of April, 2018.
ATTESTED AND CORRECTLY
RECORDED:
�.{[Mr Obi&tJ1tiL
Stephanie Storm, City Secretary
Date of Publication: April 18, 2018, in the Wylie News
Ordinance No. 2018-13
Repealing Ordinance No. 2017-33; Adopting the 2015 Edition of the International Existing Building Code
2264538
Exhibit A
Recommended Amendments to the 2015
International Existing Building Code
North Central Texas Council of Governments Region
The following sections, paragraphs, and sentences of the 2015 International Existing Building Code are hereby
amended as follows: Standard type is text from the IEBC. 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.
***Section 102.4; change to read as follows:
(Al 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.
[Reason: To not inadvertently adopt other codes (i. e. Wildland Urban Interface Code etc...) by
reference.]
***Section 202; amend definition of Existing Building as follows:
Existing Building - A building, structure, or space, with an approved final inspection issued under a code edition
which is at least 2 published code editions preceding the currently adopted building code; or a change of occupancy.
(Reason: To prevent potential abuses in new construction and shell buildings.)
***Section 405.1.2, 405.1.3, 405.1.4; change 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.
(Reason: To add clarity and help reduce confusion associated with the amendment preventing new fire
escapes.)
Section 406.2; change 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 of the International Building
Code.
Remainder unchanged
(Reason: Referenced Section was incorrect)
Ordinance No. 2018-13
Repealing Crdinance No. 2017-33; Adopting the 2015 Edition of the International Existing Building Code
2264538
***Section 406.3; change to read as follows:
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 of the International Building Code provided the
replacement window meets the following conditions:
Remainder unchanged
(Reason: To clarify which code this section was referencing)
***Section 408.3; to closely follow the amendments for the IBC:
408.3 Flood hazard areas. (Jurisdictions may consider the option to amend or delete depending on
local enforcement and flood hazard ordinances.)
(Reason: Flood hazard ordinances may be administered by other departments within the city)
***Section 409.1 add 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.
(Reason: To maintain the integrity of historic buildings that would otherwise be required to comply with
the a rovisions for new construction.
***Section 410.1 adds an exception to read as follows:
Exception: Components of projects regulated by and registered with Architectural Barriers Division of Texas
Department of Licensing and Regulation shall be deemed to be incompliance with the requirements of this chapter.
(Reason: To coordinate with the IBC and State Law.)
***Section 410.4.2, Add Number 7 to the list of requirements as follows:
7. At least one accessible family or assisted use toilet room shall be provided in accordance with Chapter
11 of the International Building Code.
Reason: Accessible toile
d be available for disabled occu • ants.)
***Section 601.3; to closely follow the amendments for the IBC:
601.3 Flood hazard areas. (Jurisdictions may consider the option to amend or delete depending on local
enforcement and flood hazard ordinances.)
(Reason: Flood hazard ordinances may be administered by other departments within the city)
Ordinance No. 2018-13
Repealing Ordinance No. 2017-33; Adopting the 2015 Edition of the International Existing Building Code
2264538
***Section 601.3; to closely follow the amendments for the IBC:
601.3 Flood hazard areas. (Jurisdictions may consider the option to amend or delete depending on
local enforcement and flood hazard ordinances.)
(Reason: Flood hazard ordinances may be administered by other departments within the city)
***Section 602.3; add 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 International Building Code, International Energy Conservation
Code, or International Residential Code as applicable.
(Reason: The Reduces potential confusion/conflicts for • lazing replacement regarding applicable codes.)
***Section 606.2.4; to closely follow the amendments for the IBC:
606.2.4: Flood hazard areas. (Jurisdictions may consider the option to amend or delete depending on
local enforcement and flood hazard ordinances.)
(Reason: Flood hazard ordinances may be administered by other departments within the city.)
***Section 607.1; add a code reference 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.
(Reason: To ensure compliance with the NEC relative to an electrical repairs/replacement.
***Section 701.3;to closely follow the amendments for the IBC:
701.3: Flood Hazard areas. (Jurisdictions may consider the option to amend or delete depending on
local enforcement and flood hazard ordinances.)
(Reason: Flood hazard ordinances may be administered by other departments within the city)
,
**4Section 702.6; add a code reference to read as follows:
702.6 Materials and methods. All new work shall comply with the materials and methods requirements
in the International Building Code, International Energy Conservation Code, International Mechanical
Code, National Electrical Code, and 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.
(Reason: To provide a more complete list of potentially adopted codes.)
**Section 802../;add a code reference to read as follows:
802.1 General. Alteration of buildings classified as special use and occupancy as described in Chapter 4
of the International Building Code shall comply with the requirements of Section 801.1 and the scoping
Ordinance No. 2018-13
Repealing Ordinance No. 2017-33; Adopting the 2015 Edition of the International Existing Building Code
2264538
provisions of Chapter 1 where applicable.
(Reason: To clearly identify the location of special use and occupancy requirements in the Building Code)
*Section 803.5.1; Exception; change 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.
(Reason: To be consistent with Buildin • Code requirements for guards and unsafe conditions.)
***Section 804.1; add 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 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.
(Reason: The intent is to avoid work area protection that would result in partial sprinkler or fire alarm
protection. Partial sprinkler protection not delineated by walls would be a clear violation of NFPA 13 and
would not allow the sprinkler to perform or function as intended. Also, partial fire alarm coverage is a
clear violation of the Fire Code, NFPA 72, and ADA.)
***Section 804.2.2, Number 2; change Exception 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.
(Reason: Smoke detection is not an equivalency to sprinkler protection and in general, could result in
increased false alarm issues.)
***Section 804.2.5; change Exception to read as follows:
Exception: Supervision is not required where the Fire Code does not require such for new construction.
(Reason: The published exceptions are over -reaching and will result in inconsistencies among
su • ervised • rotection systems and cause confusion for first responders as well.
***Section 804.3; change section to read as follows:
804.3 Standpipes. Refer to Section 1103.6 of the Fire Code for retroactive standpipe requirements.
{Delete rest of Section 804.3. }
(Reason: The Fire Code already requires standpipes in these buildings (greater than 50 ft.) retroactively
in Section 1103.6. This new section would negate/lessen those retroactive provisions already contained
in the Fire Code.
***Section 805.3.1.2; add change to read as follows:
805.3.1.2 Fire Escapes required. For other than Group I-2, where more than one exit is required an existing fire
escape complying with section 805.3.1.2.1 shall be accepted as providing one of the required means of egress.
Ordinance No. 2018-13
Repealing Ordinance No. 2017-33; Adopting the 2015 Edition of the International Existing Building Code
2264538
(Reason: Hi• her level of safety by not allowing new fire escapes.)
"'Section 805.3.1.2.1; add change to read as follows:
805.3.1.2.1 Fire Escape access and details - ...
2. Access to a fire escape shall be through a door...
3. Strike whole section
5. In all building of Group E occupancy up to and including the 12th grade, building 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.
(Reason: Higher level of safety by not allowing new fire escapes. Consistency with language and defined
term in IBC.)
***Section 805.5.2 Transoms Add note to read as follows:
8 and E cccupancies are not included in the list and consideration should be given to adding them
depending on existing buildings stock.
(Reason: Transom windows were historically a common practice in school buildings and each jurisdiction
should evaluate the impact on their stakeholders and their communit with re • ards to section
***Section 806.2; add an exception to read as follows:
Exception: Components of projects regulated by and registered with Architectural Barriers Division of Texas
Department of Licensing and Regulation shall be deemed to be incompliance with the requirements of this chapter.
(Reason: with COG amendments to Section 1101.2 of IBC
***Section 904.1; add 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,
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 tloor level.
(Reason: The intent is to avoid work area protection that would result in partial sprinkler or fire alarm
protection. Partial sprinkler protection not delineated by walls would be a clear violation of NFPA 13 and
the Fire Code and would not allow the sprinkler system to perform or function as intended. Also, partial
fire alarm coverage is a clear violation of the Fire Code, NFPA 72, and ADA.)
***Section 904.1; add sentence to read as follows:
904.1.1 High-rise buildings. An automatic sprinkler system shall be provided in work areas of high-rise building.
(Reason: Level 3 alterations are affecting more than 50% of the existing high-rise building, and as such,
sprinkler protection is more than justifiable, even when fire pumps, etc., are necessary. It is noted that
the work area method is one of three different methods available to the designer/owner in the IEBC.)
***Section 1103.5 Flood Hazard areas. (Jurisdictions may consider the option to amend or delete
depending on local enforcement and flood hazard ordinances.)
(Reason: Flood hazard ordinances may be administered by other departments within the city)
Ordinance No. 2018-13
Repealing Ordinance No. 2017-33; Adopting the 2015 Edition of the In
2264538
ational Existing Building Code
***Section 1201.4 Flood hazard areas. (Jurisdictions may consider the option to amend or delete
depending on local enforcement and flood hazard ordinances.)
(Reason: Flood hazard ordinances may be administered by other departments within the city.)
***Section 1302.7 Flood hazard areas. (Jurisdictions may consider the option to amend or delete
depending on local enforcement and flood hazard ordinances)
(Reason: Flood hazard ordinances may be administered by other departments within the city.)
***Section 1401.2; change 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 published code editions preceding the currently adopted building code; or a change of
occupancy, {rest of section un -changed}.
(Reason: For consistency with amendment in Chapter 2 relative to allowable use of this code for existing
building.)
***Section 1401.3.2; change to read as follows:
1401.3.2 Compliance with other codes. Buildings that are evaluated in accordance with this section
shall comply with the International Fire Code.
Reason: NCTCOG does not currently review the IPMC for recommended amendments at this time.)
*** Chapter 16 — Referenced Standards; change 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
(Reason: For compliance with State Law requirements for Energy Code)
Ordinance No. 2018-13
Repealing Ordinance No. 2017-33; Adopting the 2015 Edition of the International Existing Building Code
2264538
Cfe
media
tJ&' jfarmersbille Emirs • Murphy lstonitor • The Princeton Herald • ?.F-Sacltsc 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 #2018-10, 2018-11, 2018-12, 2018-13, 2018-14
was published in said newspaper on the following date(s), to -wit:
April 18, 2018.
Subscribed and sworn before me on this, the
to certify which witness my hand and seal of office.
1).P i,f,, SONIA A. DUGGAN
0��r!... �NotaryPublic, State of Texas
'+,- Comm. Expires 08-18-2020
'1 t, �`���` NotaryID 130783749
nut's.
Chad Engbrock, Publisher
day of 74, 2018
Notary Public in
The State of Texa
My commission expires
g /s6
Murphp;SachsciiWvlic Office • 110 N. Ballard • P.O. Box 369 • Wylie. TX 75098. 972-442-5515 • Fax 972-442-4318
Parmerscille/Princeton Office • 101 S Main • P.O. Bur 312 • I-armersx-ille,"I'X 75442 • 972-784-6397 • fax 972-782-7023
April 18-19, 2018
r
CITY OF WYLIE
Ordinance
No. 2018-10
An ordinance of
city of Wylie, Texas,
amending the com-
prehensive zoning
ordinance of the city
of Wylie, as hereto-
fore amended, so as
to change the zoning
on the hereinafter de-
scribed property, zon-
ing case number 2017-
09, from single-family
10/24 (sf-10/24) dis-
trict to planned devel-
opment single fam-
ily district (2018-10-sf)
for patio homes; pro-
_ viding for a penalty for
the violation of this or-
dinance; providing for
the
t
tile repeal of all ordi-
nances in conflict; pro-
viding a severability
clause; and providing
for an effective date.
Ordinance
No. 2018-11
An 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 zoning
on the hereinafter de-
scribed property, zon-
ing case number 2018-
04, from agricultural
— 30 district (ag-30) to
business government
(bg) for college or
university uses on ap-
proximately 54 acres;
providing for a penalty
or the violation of this
ordinance; providing
for the repeal of all
ordinances in conflict;
• providing a severabil-
ity clause; and provid-
ing for an effective
date.
Ordinance
No. 2018-12
An 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 hereinafter
described property;
zoning case number
2018-03, from planned
development 2011-
2� tod t -t-9%_ __tn
planned development
2018 -12 -commercial ing for the publication
corridor (pd -2018-12- of the caption hereof.
cc), to allow for retail
and self -storage uses tom
on 3.18 acres; provid-
ing for a penalty for
the violation of this or-
dinance; providing for
the repeal of all ordi-
nances in conflict; pro-
viding a severability
clause; and providing
for an effective date.
Ordinance
No. 2018-13
An ordinance of the
city council of the city
of Wylie, Texas, re-
pealing ordinance no.
2017-33, save and ex-
cept the amendment to
ordinance 84-11, and
adopting the 2015 edi-
tion of the international
existing building 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. 2018-14
An ordinance of the
city council of the city
of Wylie, Texas, re-
pealing ordinance no.
2017-38; adopting the
2015 edition of the in-
ternational property
maintenance code,
cave and except the
deletions and amend- t
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-
50-1t-15811