HomeMy WebLinkAbout01-23-17 TC Agenda PacketThe Regular Meeting of the Town of Westlake Town Council will begin immediately following the conclusion
of the Town Council Work Session but not prior to the posted start time.
Mission Statement
Westlake is a unique community blending preservation of our natural environment and
viewscapes, while serving our residents and businesses with superior municipal and academic
services that are accessible, efficient, cost-effective, and transparent.
Westlake, Texas – “One-of-a-kind community; natural oasis – providing
an exceptional level of service.”
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TOWN OF WESTLAKE, TEXAS
Vision Statement
An oasis of natural beauty that maintains our open spaces in balance with distinctive
development, trails, and quality of life amenities amidst an ever expanding urban landscape.
TOWN COUNCIL MEETING
AGENDA
JANUARY 23, 2017
1301 Solana Blvd.
Building 4, Suite 4202
2ND FLOOR, COUNCIL CHAMBER
WESTLAKE, TX 76262
Workshop Session: 5:00 p.m.
Regular Session: 6:30 p.m.
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Work Session
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. REVIEW OF CONSENT AGENDA ITEMS FOR THE TOWN COUNCIL REGULAR
MEETING AGENDA.
4. REPORTS
Reports are prepared for informational purposes and will be accepted as presented. (there
will no presentations associated with the report items) There will be no separate
discussion unless a Council Member requests that report be removed and considered
separately.
a. Report of Quarterly Financial Dashboard and Analysis as well as Capital Projects
for the Quarter ended December 31, 2016.
5. DISCUSSION ITEMS
a. Presentation and discussion on the Utility Rate Study.
b. Standing Item: Presentation and discussion of development projects per Staff
December 2016 report and December 2016 Entrada report from the Developer.
6. EXECUTIVE SESSION
The Council will conduct a closed session pursuant to Texas Government Code, annotated,
Chapter 551, Subchapter D for the following:
a. Sec. 551.071 Consultation with Attorney (1) when the governmental body seeks
the advice of its attorney about: Land Sale
b. Section 551.071(2) – Consultation with City Attorney on a matter in which the
duty of the attorney to the governmental body under the Texas Disciplinary
Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this
chapter: Resolution No. 00-19, a Contract with Hillwood Development
Corporation Concerning the Design Engineering and Construction of the West
Side Pump Station and the Dove Road Waterline.
c. Section 551.087 Deliberation Regarding Economic Development
Negotiations (1) to discuss or deliberate regarding commercial or financial
information that the governmental body has received from a business prospect
that the governmental body seeks to have locate, stay, or expand in or near the
territory of the governmental body and with which the governmental body is
conducting economic development negotiations; or (2) to deliberate the offer of
a financial or other incentive to a business prospect described by Subdivision (1)
for the following:
- Maguire Partners-Solana Land, L.P., related to Centurion’s development
known as Entrada and Granada
- Project Lynx
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- CS Kinross Lake Parkway, a Delaware limited liability company, its affiliate
Charles Schwab & Co., Inc.
d. Section 551.072 to deliberate the purchase, exchange, lease or value of real
property regarding Town Hall offices, Fire Station site and Town owned property
7. RECONVENE MEETING
8. COUNCIL RECAP / STAFF DIRECTION
9. ADJOURNMENT
Regular Session
1. CALL TO ORDER
2. ITEMS OF COMMUNITY INTEREST: Mayor and Council Reports on Items of
Community Interest pursuant to Texas Government Code Section 551.0415 the Town
Council may report on the following items: (1) expression of thanks, congratulations or
condolences; (2) information about holiday schedules; (3) recognition of individuals; (4)
reminders about upcoming Town Council events; (5) information about community
events; and (6) announcements involving imminent threat to public health and safety.
3. CITIZEN COMMENTS: This is an opportunity for citizens to address the Council on any
matter whether or not it is posted on the agenda. The Council cannot by law take action
nor have any discussion or deliberations on any presentation made to the Council at this
time concerning an item not listed on the agenda. The Council will receive the
information, ask staff to review the matter, or an item may be noticed on a future agenda
for deliberation or action.
4. CONSENT AGENDA: All items listed below are considered routine by the Town Council
and will be enacted with one motion. There will be no separate discussion of items unless
a Council Member or citizen so requests, in which event the item will be removed from the
general order of business and considered in its normal sequence.
a. Consider approval of the minutes from the January 9, 2017, meeting.
b. Consider approval of the minutes from the December 12, 2016, meeting.
c. Consider approval of Ordinance 813, Adopting the 2015 International Building
and Fire Codes and related local amendments from the North Central Texas
Council of Governments (NCTCOG).
d. Consider approval of Ordinance 814, Amending Chapter 38, Sections 38.31 –
38.34, adopting the 2015 International Fire Code.
e. Consider approval of Ordinance 815, Amending and Establishing a new Water
and Wastewater Rate and Fee Schedule, and repealing Ordinance 757.
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5.DISCUSSION AND CONSIDERATION OF RESOLUTION 17-02, AUTHORIZING
STAFF TO ENTER INTO NEGOTIATIONS WITH A CONSTRUCTION MANAGER AT-
RISK FOR CONSTRUCTION SERVICES ESTABLISHING A GUARANTEED
MAXIMUM PRICE FOR THE FIRE & EMS STATION NO. 1.
6.CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 816,
APPROVING AMENDMENTS TO ORDINANCE 780, WHICH APPROVED A
SPECIFIC USE PERMIT GRANTING PRIVATE STREETS, GATED ACCESS, AND
OTHER CONDITIONS FOR THE ESTATES OF QUAIL HOLLOW SUBDIVISION,
LOCATED AT THE SOUTHEAST CORNER OF FM 1938 AND DOVE ROAD, IN
ORDER TO APPROVE THE ADDITION OF A GUARDHOUSE AND ASSOCIATED
ENTRYWAY FEATURES.
7.CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 817,
APPROVING AMENDMENTS TO CHAPTER 102 – ZONING IN THE WESTLAKE
CODE OF ORDINANCES IN ORDER TO APPROVE STANDARDS FOR THE
TRANSFER OF DEVELOPMENT INTENSITY ALONG WITH OTHER MINOR
RELATED AMENDMENTS.
8.EXECUTIVE SESSION
The Council will conduct a closed session pursuant to Texas Government Code, annotated,
Chapter 551, Subchapter D for the following:
a.Sec. 551.071 Consultation with Attorney (1) when the governmental body seeks
the advice of its attorney about: Land Sale
b.Section 551.071(2) – Consultation with City Attorney on a matter in which the
duty of the attorney to the governmental body under the Texas Disciplinary
Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this
chapter: Resolution No. 00-19, a Contract with Hillwood Development
Corporation Concerning the Design Engineering and Construction of the West
Side Pump Station and the Dove Road Waterline.
c.Section 551.087 Deliberation Regarding Economic Development
Negotiations (1) to discuss or deliberate regarding commercial or financial
information that the governmental body has received from a business prospect
that the governmental body seeks to have locate, stay, or expand in or near the
territory of the governmental body and with which the governmental body is
conducting economic development negotiations; or (2) to deliberate the offer of
a financial or other incentive to a business prospect described by Subdivision (1)
for the following:
- Maguire Partners-Solana Land, L.P., related to Centurion’s development
known as Entrada and Granada
- Project Lynx
- CS Kinross Lake Parkway, a Delaware limited liability company, its affiliate
Charles Schwab & Co., Inc.
d.Section 551.072 to deliberate the purchase, exchange, lease or value of real
property regarding Town Hall offices, Fire Station site and Town owned property
9.RECONVENE MEETING
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10. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
11. FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or
Council meeting, under “Future Agenda Item Requests”, an agenda item for a future Council
meeting. The Council Member making the request will contact the Town Manager with the
requested item and the Town Manager will list it on the agenda. At the meeting, the
requesting Council Member will explain the item, the need for Council discussion of the item,
the item’s relationship to the Council’s strategic priorities, and the amount of estimated staff
time necessary to prepare for Council discussion. If the requesting Council Member receives
a second, the Town Manager will place the item on the Council agenda calendar allowing
for adequate time for staff preparation on the agenda item.
12. ADJOURNMENT
ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION
AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS
551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT
CODE.
CERTIFICATION
I certify that the above notice was posted at the Town Hall of the Town of Westlake, 1301 Solana Blvd.,
Building 4, Suite 4202, Westlake, TX 76262, January 19, 2017, by 5:00 p.m. under the Open Meetings Act,
Chapter 551 of the Texas Government Code.
_____________________________________
Kelly Edwards, TRMC, Town Secretary
If you plan to attend this public meeting and have a disability that requires special needs, please advise
the Town Secretary 48 hours in advance at 817-490-5710 and reasonable accommodations will be made
to assist you.
Town Council
Item # 2 – Pledge of
Allegiance
Texas Pledge:
"Honor the Texas flag;
I pledge allegiance to
thee, Texas, one state
under God, one and
indivisible."
REVIEW OF CONSENT AGENDA ITEMS FOR THE TOWN COUNCIL
REGULAR MEETING AGENDA.
a. Consider approval of the minutes from the January 9, 2017, meeting.
b. Consider approval of the minutes from the December 12, 2016, meeting.
c. Consider approval of Ordinance 813, Adopting the 2015 International Building
and Fire Codes and related local amendments from the North Central Texas
Council of Governments (NCTCOG).
d. Consider approval of Ordinance 814, Amending Chapter 38, Sections 38.31 –
38.34, adopting the 2015 International Fire Code.
e. Consider approval of Ordinance 815, Amending and Establishing a new Water
and Wastewater Rate and Fee Schedule, and repealing Ordinance 757.
Town Council
Item # 3 – Review of
Consent Items
REPORTS
Reports are prepared for informational purposes and will be accepted as presented.
(there will no presentations associated with the report items) There will be no separate discussion
unless a Council Member requests that report be removed and considered separately.
a. Report of Quarterly Financial Dashboard and Analysis as well as Capital Projects for
the Quarter ended December 31, 2016.
Town Council
Item # 4 – Reports
General Fund
Quarterly Financial Dashboard
Quarter Ended 12/31/2016
1st Quarter Annual 1st Quarter 1st Quarter
Actuals Budget Budget CY Actual (Percent)Amount
A General Sales Tax 544,900$ 3,310,500$ 834,427$ 548,755$ 66%(285,672)$
A Property Tax 731,570 1,437,050 362,215 776,029 214%413,814
A Franchise Fees 3,591 966,370 243,578 5,255 2%(238,323)
Permits and Fees 4,217 140,270 35,356 19,326 55%(16,030)
Permits and Fees Bldg 656,480 2,395,172 603,715 290,120 48%(313,595)
Fines & Forfeitures 201,939 805,350 202,992 199,931 98%(3,061)
A Misc Income 4,717 96,120 24,228 9,848 41%(14,380)
Total Revenues 2,147,414 9,150,832 2,306,511 1,849,265 80%(457,246)
Transfer In 269,545 66,030 - - 100%-
2,416,959$ 9,216,862$ 2,306,511$ 1,849,265$ 80%(457,246)$
A Based on accrual method
1st Quarter Annual 1st Quarter 1st Quarter
Actuals Budget Budget CY Actual (Percent)Amount
Payroll & Related Taxes, Insurance 786,374$ 3,802,730$ 958,496$ 823,555$ 86%(134,941)$
Operations & Maintenance 898,574 3,982,655 1,003,847 915,339 91%(88,508)
Total Expenditures 1,684,948 7,785,385 1,962,344 1,738,894 89%(223,450)
Transfer Out 549,964 1,103,635 189,957 45,893 24%(144,065)
2,234,912$ 8,889,020$ 2,152,301$ 1,784,786$ 83%(367,515)$
1st Quarter Annual 1st Quarter 1st Quarter
Actuals Budget Budget CY Actual
182,047$ 327,842$ 154,210$ 64,479$
7,240,729 8,424,235 8,424,235 8,424,235
Ending Fund Balance 7,422,777 8,752,077 8,578,446 8,488,714
572,666 575,039 575,039 574,024
Unrestricted Fund Balance 6,850,111$ 8,177,039$ 8,003,407$ 7,914,689$
Total Operating Expenditures 2,234,912$ 8,889,020$ 1,784,786$
Daily Operating Cost 20,173$ 24,353$ 24,353$
# of Operating Days (based on 4 quarters)443 365 293
SUMMARY
**
Restricted Funds
Excess Revenues/Sources Over (Under)
Expenditures/Uses
Beginning Fund Balance (est. prior to audit)
REVENUES AND OTHER SOURCES
FY 15/16 FY 16/17 ADOPTED FY 16/17
Total Expenditures and Other Uses
Total Revenues and Other Sources
Actual vs Adopted
EXPENDITURES AND OTHER USES
DASHBOARD VARIANCE
FY 15/16 FY 16/17 ADOPTED FY 16/17 DASHBOARD VARIANCE
FY 15/16 FY 16/17 ADOPTED FY 16/17
Actual vs Adopted
Positive >90%
Cautious 70% -90%
Negative <70%
Revenue Legend
Positive <100%
Cautious 101% -110%
Negative >110%
Expenditure Legend
EXEMPLARY
GOVERNANCE
Town Officials, both
Elected and
Appointed, exhibit
Respect, Stewardship,
Vision, and
Transparency
SERVICE
EXCELLENCE
Public Service that is
Responsive and
Professional, while
balancing Efficiency,
Effectiveness and
Financial Stewardship
1
Town of Westlake
Dashboard Analysis for Quarter Ended 12/31/2016
GENERAL FUND
TOTAL REVENUES AND OTHER SOURCES $9,216,862 Adopted Budget
$2,306,511 YTD Budget
$1,849,265 YTD Actual
80% Percent of YTD Budget
$( 457,246) Over(Under) Budget
GENERAL SALES TAX
$3,310,500 Adopted Budget (GF portion only) (Remaining portion recorded in 4B Fund)
$ 834,427 YTD Budget
$ 548,755 YTD Actual
66% Percent of YTD Budget
$ (285,672) Over(Under) Budget
• Sales tax revenues are received from the State two months after paid. Because the Town is
on a modified accrual basis, we can recognize these revenues when earned.
• We have only received two month of revenue for the first quarter of FY 2017.
o Oct 2016 received in December $277,233
o Nov 2016 received in January $271,521
o Dec 2016 will be received in February – General Fund portion of prior year receipt
was $285,507
PROPERTY TAX
$1,437,050 Adopted Budget
$ 362,215 YTD Budget
$ 776,029 YTD Actual
214% Percent of YTD Budget
$ 413,814 Over(Under) Budget
• Income will not be distributed evenly over the fiscal year.
• Received in the first quarter
o October $20,684
o November $38,404
o December $716,940
FRANCHISE FEES
$ 966,370 Adopted Budget
$ 243,578 YTD Budget
$ 5,255 YTD Actual
2% Percent of YTD Budget
$(238,323) Over(Under) Budget
• Receipt for the first quarter is typically received in January or February. To-date there have
been no substantial receipts.
2
Town of Westlake
Dashboard Analysis for Quarter Ended 12/31/2016
GENERAL FUND
• The following chart reflects franchise fee budget for FY 16-17 with the budget shortfall as
well as the amounts we received in the 1st quarter in FY 15-16
o As can be seen, receipts should be very close to adopted budget when received
1st Quarter budget Revenue Over(under) Prior year 1st quarter
AT&T $ 118,467 $ 0 $ (118,467) $ 103,799
Verizon 11,342 0 (11,342) 14,346
Atmos Gas 10,082 0 (10,082) Receive annually in March
Charter 3,529 22 (3,506) 447
One Sources 1,210 0 (1,210) 1,007
Southwestern Bell 45 0 (45) -
Tri-County Electric 75,616 0 (75,616) 70,231
Trinity Waste 10,775 5,221 (5,555) 16,479
Misc. Franchise Fees 12,512 12 (12,500) 9,353
Total $ 243,578 $ 5,255 $ (238,323) $ 215,662
PERMITS & FEES - OTHER
$ 140,270 Adopted Budget
$ 35,356 YTD Budget
$ 19,326 YTD Actual
55% Percent of YTD Budget
$ ( 16,030) Over(Under) Budget
• Income will not be distributed evenly over the fiscal year.
• The largest items that make up this category are the following:
o Liquor permit fees
o EMS user fees
o Fire sprinkler permit fees
PERMITS & FEES - BUILDINGS
$2,395,172 Adopted Budget
$ 603,715 YTD Budget
$ 290,120 YTD Actual
48% Percent of YTD Budget
$ (313,595) Over(Under) Budget
• Entrada – no building permits were issued in the first quarter given the slow performance of
the developer in completing the public improvements required to issue building permits
amounting in a variance of $185K for the first quarter. Entrada revenues remain uncertain
pending any improvement to the performance by the developer in completing the required
public improvements
• Project Blizzard/Schwab – no building permits were issued in the first quarter and none are
anticipated for issuance until the fourth quarter; leaving a first quarter variance of $79K
3
Town of Westlake
Dashboard Analysis for Quarter Ended 12/31/2016
GENERAL FUND
• Granada/Quail Hollow/Glenwyck Farms – no building permits were issued in the first quarter.
Quail Hollow was not released for building permits until the middle of December and no
permits were issued in Granada. Total first quarter variance: $130K
• Permit fees collected from permits issued in Vaquero, Terra Bella and Carlyle Court exceeded
projections
• It is anticipated that with the release of Granada Phase 2 and Quail Hollow Phase 1 and 3a at
the end of 2016 permit fee revenues will rebound somewhat in the second quarter.
MISC INCOME
$ 96,120 Adopted Budget
$ 24,228 YTD Budget
$ 9,848 YTD Actual
41% Percent of YTD Budget
$ (14,380) Over(Under) Budget
• Income will not be distributed evenly over the fiscal year
• Majority of this category is represented by “Mixed Beverage Tax”
o Prior year receipt for 1st quarter was $14,292
4
Town of Westlake
Dashboard Analysis for Quarter Ended 12/31/2016
GENERAL FUND
TOTAL EXPENDITURES AND OTHER USES
$8,889,020 Adopted Budget
$2,152,301 YTD Budget
$1,784,786 YTD Actual
83% Percent of YTD Budget
$ (367,515) Over(Under) Budget
PAYROLL AND RELATED
$ 3,802,730 Adopted Budget
$ 958,496 YTD Budget
$ 823,555 YTD Actual
86% Percent of YTD Budget
$ (134,941) Over(Under) Budget
•This cost is affected by employee taxes and insurances costs and will fluctuate as policies
change; medical, dental, life, workers comp, unemployment.
•Much of this variance is a result of unfilled positions and timing of new hires. The Planning &
Development department is under budget $42K and the Fire Department is under budget
$108K
OPERATIONS & MAINTENANCE
$ 3,982,655 Adopted Budget
$ 1,003,847 YTD Budget
$ 915,339 YTD Actual
91% Percent of YTD Budget
$ (88,508) Over(Under) Budget
•Expenditures will not be distributed evenly over the fiscal year.
•As the year progresses, these expenditures should balance out.
OTHER USES - TRANSFERS OUT
$ 1,103,635 Adopted Budget
$ 189,957 YTD Budget
$ 45,893 YTD Actual
24% Percent of YTD Budget
$ (144,065) Over(Under) Budget
•Transfers out to Debt Service Fund under $144,065 due to timing of bond payments
5
Quarterly Financial Dashboard
Quarter Ended 12/31/2016
1st Quarter Annual 1st Quarter 1st Quarter
Actuals Budget Budget CY Actual (Percent)Amount
A Hotel Occupancy Tax 142,082$ 804,640$ 202,813$ 138,482$ 68%(64,332)$
Misc Income 3,984 8,250 2,079 4,860 234%2,781
Total Revenues and Other Sources 146,067$ 812,890$ 204,893$ 143,342$ 70%(61,551)$
A Based on accrual method
1st Quarter Annual - -
Actuals Budget Budget CY Actual (Percent)Amount
Operations & Maintenance 64,305$ 350,480$ 88,340$ 53,872$ 61%(34,468)$
Operating Transfers for Payroll 83,419 521,615 131,476 95,576 73%(35,900)
Total Operating Expenditures 147,724 872,095 219,816 149,448 68%(70,368)
Other Uses - Transfers Out 13,300 157,850 - - 100%-
Total Expenditures and Other Uses 161,024$ 1,029,945$ 219,816$ 149,448$ 68%(70,368)$
1st Quarter Annual - -
Actuals Budget Budget CY Actual
146,067$ 812,890$ 204,893$ 143,342$
161,024 1,029,945 219,816 149,448
(14,957)$ (217,055)$ (14,923)$ (6,106)$
1,082,882 1,011,947 1,011,947 1,011,947
1,067,925 794,892 997,024 1,005,841
142,250 142,250 142,250 -
Unassigned Fund Balance 925,675$ 652,642$ 854,774$ 1,005,841$
Total Operating Expenditures 161,024$ 1,029,945$ 219,816$ 149,448$
Daily Operating Cost 2,454$ 2,822$ 2,822$
# of Operating Days Unassigned (Based on 4 quarters)262 365 212
EXPENDITURES AND OTHER USES
SUMMARY
FY 15/16 FY 16/17 ADOPTED
Actual vs Adopted
Visitors Association Fund
DASHBOARD VARIANCE FY 16/17 FY 16/17 ADOPTEDFY 15/16
REVENUES AND OTHER SOURCES
Actual vs Adopted
FY 15/16
FY 16/17
DASHBOARD VARIANCEFY 16/17 ADOPTED FY 16/17
Ending Fund Balance
Restricted Funds
Excess Revenues/Sources Over (Under)
Expenditures/Uses
Total Revenues and Other Sources
Total Expenditures and Other Uses
Beginning Fund Balance (estimated prior to audit)
Positive >90%
Cautious 70% -90%
Negative <70%
Revenue Legend
Positive <100%
Cautious 101% -110%
Negative >110%
Expenditure Legend
EXEMPLARY
GOVERNANCE
Town Officials,
both Elected and
Appointed, exhibit
Respect, Stewardship,
Vision, and
Transparency
SERVICE
EXCELLENCE
Public Service that
is Responsive and
Professional, while
balancing Efficiency,
Effectiveness and
Financial Stewardship
6
Town of Westlake
Dashboard Analysis for Quarter Ended 12/31/2016
VISITORS ASSOCIATION FUND
TOTAL REVENUES AND OTHER SOURCES $812,890 Adopted Budget
$204,893 YTD Budget
$143,342 YTD Actual
70% Percent of YTD Budget
$(61,551) Over(Under) Budget
HOTEL OCCUPANCY TAX
$804,640 Adopted Budget
$202,813 YTD Budget
$138,482 YTD Actual
68% Percent of YTD Budget
$(64,332) Over(Under) Budget
• Oct 2016 received November $71,256
• Nov 2016 received December $67,225
• Have not received December Hotel Tax
o Prior Year Marriott was $40,930
o Prior Year Deloitte was $2,865
MISCELLANEOUS INCOME
$ 8,250 Adopted Budget
$ 2,079 YTD Budget
$ 4,860 YTD Actual
234% Percent of YTD Budget
$ 2,781 Over(Under) Budget
• This income represents revenues from sponsorships, donations and special events from the
Historical Board, Public Arts and Arbor Days.
o The current revenue is primarily associated with the sponsorship and entrance fees
related to the car show.
7
Town of Westlake
Dashboard Analysis for Quarter Ended 12/31/2016
VISITORS ASSOCIATION FUND
TOTAL EXPENDITURES AND OTHER USES
$1,029,945 Adopted Budget
$ 219,816 YTD Budget
$ 149,448 YTD Actual
68% Percent of YTD Budget
$ (70,368) Over(Under) Budget
OPERATIONS & MAINTENANCE
$ 350,480 Adopted Budget
$ 88,340 YTD Budget
$ 53,872 YTD Actual
61% Percent of YTD Budget
$ (34,468) Over(Under) Budget
• The majority of expenditures in this category are from the Historical Board, Public Arts and
Arbor Days. These events will occur later in the fiscal year and expenditure costs should be
reflected at that time.
OPERATING TRANSFERS FOR PAYROLL
$ 521,615 Adopted Budget
$ 131,476 YTD Budget
$ 95,576 YTD Actual
73% Percent of YTD Budget
$ (35,900) Over(Under) Budget
• Amount transferred is in direct relation to payroll costs; because employees’ adjustments are
based on anniversary dates (and some have not received their adjustment yet) this amount
will increase as the year goes on.
• This cost is also affected by employee taxes and insurances costs and will fluctuate as policies
change; medical, dental, life, workers comp, unemployment
8
Utility Fund - 500
Quarterly Financial Dashboard
Quarter Ended 12/31/2016
1st Quarter Annual 1st Quarter 1st Quarter
Actuals Budget Budget CY Actual (Percent)Amount
A%Water Revenues 15%417,105$ 2,632,490$ 399,037$ 510,828$ 128%111,791$
Sewer/Waste Revenues 17%165,139 800,425 139,466 173,103 124%33,638
Tap/Impact Fee Revenues 20,009 121,265 19,387 23,319 120%3,932
Misc Revenues 21,542 176,565 44,141 43,053 98%(1,088)
623,796$ 3,730,745$ 602,031$ 750,304$ 125%148,273$
A Based on accrual method
% Based on % of PY Actual at quarter-end
1st Quarter Annual 1st Quarter 1st Quarter
Actuals Budget Budget CY Actual (Percent)Amount
%Water Purchases 9%122,097$ 1,344,600$ 120,886$ 140,284$ 116%19,398$
Operations & Maintenance 124,003 2,119,215 534,158 285,719 53%(248,439)
Capital Projects - 96,435 - - 100%-
Total Expenses 246,099 3,560,250 655,044 426,003 65%(229,042)
Transfer Out for Payroll 68,745 437,145 110,184 99,090 90%(11,094)
Other Uses - Transfers Out 564,578 158,765 - - 100%-
Total Other Uses 633,323 595,910 110,184 99,090 90%(11,094)
879,423$ 4,156,160$ 765,229$ 525,093$ 69%(240,136)$
% Based on % of PY Actual at quarter-end
1st Quarter Annual 1st Quarter 1st Quarter
Actuals Budget Budget CY Actual
623,796$ 3,730,745$ 602,031$ 750,304$
879,423 4,156,160 765,229 525,093
(255,627) (425,415) (163,198) 225,211
3,226,933 2,316,597 2,316,597 2,316,597
Ending Working Capital 2,971,306$ 1,891,182$ 2,153,399$ 2,541,808$
218,010 238,175 238,175 238,175
Unrestricted Fund Balance 2,753,296$ 1,653,008$ 1,915,224$ 2,303,633$
Total Operating Expenses without projects 879,423$ 4,059,725$ 525,093$
Daily Operating Cost 14,023$ 11,387$ 11,387$
# of Operating Days (based on 4 quarters)308 170 442
FY 15/16
FY 15/16
Total Expenditures and Other Uses
Beginning Working Capital (est. prior to audit)
Restricted Funds Deposits
Excess Revenues/Sources Over (Under)
Expenditures/Uses
Total Revenues and Other Sources
SUMMARY
EXPENSES AND OTHER USES
Total Expenses and Other Uses
Actual vs Adopted
FY 16/17 DASHBOARD VARIANCE
Total Revenues and Other Sources
REVENUES AND OTHER SOURCES
FY 15/16 FY 16/17 ADOPTED
FY 16/17 ADOPTED FY 16/17
Actual vs Adopted
FY 16/17 ADOPTED FY 16/17 DASHBOARD VARIANCE
Positive >90%
Cautious 70% -90%
Negative <70%
Revenue Legend
Positive <100%
Cautious 101%-110%
Negative >110%
Expense Legend
EXEMPLARY
GOVERNANCE
Town Officials, both
Elected and
Appointed, exhibit
Respect, Stewardship,
Vision, and
Transparency
SERVICE
EXCELLENCE
Public Service that is
Responsive and
Professional, while
balancing Efficiency,
Effectiveness and
Financial Stewardship
9
Town of Westlake
Dashboard Analysis for Quarter Ending 12/31/2016
UTILITY FUND
TOTAL REVENUES AND OTHER SOURCES
$3,730,745 Adopted Budget
$ 602,031 YTD Budget
$ 750,304 YTD Actual
125% Percent of YTD Budget
$ 148,273 Over(Under) Budget
WATER REVENUES
$2,632,490 Adopted Budget
$ 399,037 YTD Budget (15% in prior year)
$ 510,828 YTD Actual
128% Percent of YTD Budget
$ 111,791 Over(Under) Budget
• YTD budget calculation is based on the percentage of revenues received for the same time-
frame in the prior year.
o 2015 was the wettest year on record for DFW, which would reduce the amount of
water sold; thereby reducing water and sewer revenues.
o October, November and December of 2016 were exceptionally dry causing increased
usage which increased water and sewer rates.
Oct 2016 Consumption billed November $297,745
Nov 2016 Consumption billed in December $213,082
Dec 2016 not billed yet – prior year was $135,413
SEWER & WASTE REVENUES
$800,425 Adopted Budget
$139,466 YTD Budget (17% in prior year)
$173,103 YTD Actual
124% Percent of YTD Budget
$ 33,638 Over(Under) Budget
• Residential sewer averages work in correlation with increased water usage and are based on
December, January and February consumption. Commercial is based on the actual
consumption.
TAP AND IMPACT FEE REVENUES
$121,265 Adopted Budget
$ 19,387 YTD Budget
$ 23,319 YTD Actual
120% Percent of YTD Budget
$ 3,932 Over(Under) Budget
• These revenues are a direct reflection of new home starts.
• Revenues are on target for the year.
10
Town of Westlake
Dashboard Analysis for Quarter Ending 12/31/2016
UTILITY FUND
TOTAL EXPENSES AND OTHER USES
$4,156,160 Adopted Budget
$ 765,229 YTD Budget
$ 525,093 YTD Actual
69% Percent of YTD Budget
$( 240,136) Over(Under) Budget
WATER PURCHASES
$1,344,600 Adopted Budget
$ 120,886 YTD Budget (9% based on prior year)
$ 140,284 YTD Actual
116% Percent of YTD Budget
$ 19,398 Over(Under) Budget
• YTD budget calculation is based on the percentage of expenditures for the same time-frame
of the prior year.
o 2015 was the wettest year on record for DFW, which would reduce the amount of
water sold; thereby reducing water and sewer revenues.
o October, November and December of 2016 were exceptionally dry causing increased
usage which increased water and sewer usage.
Invoicing from Fort Worth typically runs two months in arrears
• Oct 2016 billing paid in December $140,284
• Nov 2016 billing not processed yet – prior year was $71,498
• Dec 2016 billing not processed yet – prior year was $71,224
OPERATIONS & MAINTENANCE
$2,119,215 Adopted Budget
$ 534,158 YTD Budget
$ 285,719 YTD Actual
53% Percent of YTD Budget
$(248,439) Over(Under) Budget
• As the year progresses, these expenditures should balance out.
• Debt accounts under budget $282,184 largely due to Fort Worth Water line payment of
$888,160 to be paid later in the fiscal year
• Repair & Maintenance accounts under budget $12,301
• Rent & Utility Accounts under budget $28,225
• Service Accounts are over budget $77,255 primarily due to 100% payment of the following:
o Southlake WW Treatment $70K
11
Town of Westlake
Update for Quarter Ended 12/31/2016
CAPITAL PROJECTS UPDATE
PROJECT DIRECTOR: JARROD GREENWOOD
UTILITY FUND PROJECTS
Adopted
Budget
YTD
Actuals Variance
N1 Sewer Line Transfer $ 96,435 - $ (96,435)
$ 96,435 - $(96,435)
TRA ASSUMPTION OF N-1 SEWER LINE
A wet weather study was conducted late spring/early summer 2016 that determined previous efforts to reduced
rain water infiltration of the sanitary sewer system by 275%, however, we still have a significant amount of
infiltration that requires additional investigation this spring. Once completed, this study will identify areas that need
to be repaired.
TRANSPORATION PROJECTS
Adopted
Budget
YTD
Actuals Variance
E. Dove Rd Recon/Drain Vaquero-TB $ 91,085 - $ (691,085)
Dove Rd/FM1938 Signalization 260,000 - (260,000)
Solana/FM1938 Signal 10,000 - (10,000)
$ 961,085 - $ (961,085)
EAST DOVE ROAD RECONSTRUCTION/DRAIN SOUTH
No work has started on this project
DOVE RD/FM1938 SIGNALIZATION
Staff is scheduled to meet with TxDOT and their contractor on Friday, January 20th to discuss the signal project
construction schedule and start date. TxDOT and the contractor are planning to coordinate work on both
intersections at the same time.
FM1938/DOVE ROAD SIGNALIZATION
Staff is scheduled to meet with TxDOT and their contractor on Friday, January 20th to discuss the signal project
construction schedule and start date. TxDOT and the contractor are planning to coordinate work on both
intersections at the same time.
12
Town of Westlake
Update for Quarter Ended 12/31/2016
CAPITAL PROJECTS UPDATE
PROJECT DIRECTOR: TROY MEYER
FACILITY PROJECTS
Adopted
Budget
Project
Actuals Variance
Fire/EMS Station Complex $ 8,430,500 $ 41,473 $ (8,389,027)
WA Outdoor Science Project 64,000 1,343 (62,658)
$ 8,494,500 $42,816 $ (8,451,684)
FIRE STATION COMPLEX
The contract with BRW professional architectural design services was approved by the town council in December
2016. The design team, Tom Brymer, Troy Meyer, Ron Ruthven, Jarrod Greenwood, Richard Whitten, John Ard and
Robin McCaffrey, will be working on the site plan, exterior finishes, and floor plans over the next few weeks.
The design will include 4 drive through apparatus bays and fire administration with a training/EOC room. If the
budget allows, the following alternates will be considered; (1) 3-story hose tower, and (2) fueling station. The
rezoning and re-plate were approved by both P&Z and Town Council in December.
Staff has published public notices for the CM at Risk and will have a recommendation to the council in January. The
contractual documents are scheduled to be completed in the summer and the project will go out to bid in August.
WA OUTDOOR SCIENCE PROJECT
In December, staff received three bids for Phase I which includes the vegetable garden and math & sciences station.
Due to the cost of both stations, the Westlake Foundation and the Town Council have agreed to complete the
vegetable garden at 100%.
The math & sciences station will be placed as a fund-an-item in the 2017 Gallery Night event. The cost for Phase I,
which will include design cost, vegetable garden, sidewalks and site grading for Phase II, is $116,000.
This project will start in January 2017 and be completed by April 1, 2017.
13
estlake Town Council
TYPE OF ACTION
Workshop - Report
Westlake Town Council Meeting
Monday, January 23, 2017
TOPIC: Report of Quarterly Financial Dashboard and Analysis as well as Capital
Projects for the Quarter ended December 31, 2016
STAFF CONTACT: Debbie Piper, Finance Director
Strategic Alignment
Vision, Value, Mission Perspective Strategic Theme & Results Outcome
Objective
Fiscal Responsibility Fiscal Stewardship
Exemplary Service & Governance
- We set the standard by delivering
unparalleled municipal and
educational services at the lowest
cost.
Increase
Transparency,
Accessibility &
Communications
Strategic Initiative
Maintain Receipt of Various Financial Awards for both Municipal and Academic Services - Transparency
Time Line - Start Date: October 1, 2016 Completion Date: December 31, 2016
Funding Amount: N/A Status - N/A Source - N/A
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
The 1st quarter “Dashboard” reports and “Analysis” for the FY 2016-2017 are attached. Our goal
is to have a concise and easy to understand document regarding the financials of our three (3)
operating funds: General Fund, Visitors Association Fund and the Utility Fund. The remaining
funds are a function of transfers in, related expenditures and transfers out; therefore, we have not
prepared quarterly reports for these funds.
We have also included an additional report related to the capital projects year-to-date expenses as
well as an update of the projects.
Please note on each individual fund’s report, you will see an “A”, and on the Utility Fund a “%”,
beside several revenue line items. The “A” indicates that specific “YTD Actual” line-items are
based on the accrual method. This means that revenue received after 12/31/16 but related to that
specific quarter, i.e. sales tax, franchise fees, hotel occupancy tax, etc. was added to the “YTD
Actual” for comparison to the budget. The “YTD Budget” is based on 3 months out of the 12
month budget; therefore, it’s reasonable to accrue the amount to show 3 months of actual receipts.
In addition to accruing the water revenue receipts for the “YTD Actual”, the YTD Budget”
calculation has been changed from 3 months of the 12 month period to a much better representation
of that fund’s revenue. Because the majority of the water revenue is received in the spring and
summer (hotter, dryer months), the “YTD Budget” calculation is now being based on the
percentage of revenues received for the same time-frame of the prior year.
In review, these quarterly reports contain a “dashboard” display complete with major revenue and
expenditure categories. A comparison of the “YTD Budget” amount and the “YTD Actuals” at
12/31/16 has been presented. The color green obviously means that we are good in those specific
line items when comparing “YTD Budget” to “YTD Actuals”. Any concerns between these two
areas show up as yellow (cautionary) or red (critical).
A summary is presented at the bottom of each fund page indicating the net revenues over (under)
expenditures along with the projected ending fund balances for the Adopted Budget, YTD Budget
as well as the YTD Actuals. The operating days remaining in Unrestricted Fund Balance have
been calculated using operating expenditures. Our Fiscal and Budgetary Policies state that we will
strive to maintain 90 days of operations.
Note the “Analysis” is color coded and corresponds to the specific line-item on the “Dashboard”
report. All “cautionary” and “critical” items are detailed with explanations of the variances. I
have explained several of the line-items that were greater (green) in revenue than we anticipated
helping you understand what specifically happened with that revenue line-item. I have also
prepared explanations for several expenditures that were considerably under budget so you may
see why these funds have not been expended. Included in each explanation you will find a number
that reflects the exact variance in that department/line-item.
RECOMMENDATION
The Council review the current quarterly financial reports.
ATTACHMENTS
Quarterly Financial Dashboard and Analysis for the Quarter Ended 12/31/16 for the following
funds:
• General Fund
• Visitors Association Fund
• Utility Fund
Capital Projects Update
DISCUSSION ITEMS
a. Presentation and discussion on the Utility Rate Study.
b. Standing Item: Presentation and discussion of development projects per Staff
December 2016 report and December 2016 Entrada report from the Developer.
Town Council
Item #5 – Discussion
Items
Page 1 of 2
estlake Town Council
TYPE OF ACTION
Workshop - Discussion Item
Westlake Town Council Meeting
Monday, January 23, 2017
TOPIC: Presentation and discussion on Utility Rate Study.
STAFF CONTACT: Jarrod Greenwood, Public Works Director/Assistant to the Town Manager
Strategic Alignment
Vision, Value, Mission Perspective Strategic Theme & Results Outcome
Objective
Fiscal Responsibility Fiscal Stewardship
Exemplary Service & Governance
- We set the standard by delivering
unparalleled municipal and
educational services at the lowest
cost.
Preserve Desirability
& Quality of Life
Strategic Initiative
Evaluate Services and Determine if Fees are Appropriate
Time Line - Start Date: January 23, 2017 Completion Date: January 23, 2017
Revenue Amount: N/A Status - N/A Source - Utility Fund
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
The current utility rates and structure was adopted at the December 14, 2015 regular Town
Council meeting.
The purpose of a rate study is to determine whether the Utility Fund is accomplishing full
recovery of cost of services while maintaining an appropriate fund reserve balance in accordance
with the Town’s adopted Financial Policy.
The rate performed by Mrs. Carolyn Marshall provides a comprehensive review of historical
water/sewer consumption and revenues, capital assets, depreciation, operation and maintenance
expenses, debt, and revenues. Several issues that are affecting the proposed rates include the
proposed Phase 2 Fort Worth water line project, City of Southlake sanitary sewer payment
increase, and TRA wholesale rate alignment.
Page 2 of 2
• The proposed Phase 2 City of Fort Worth waterline would cost approximately $4.0 M
and start in FY 2017/2018 FY.
• Part of the Town’s sanitary sewer effluent goes directly to TRA and we pay TRA for the
metered flows. The remaining sanitary effluent goes to the N-1 sanitary sewer line and
we pay the City of Southlake directly for the metered flows through N-1 sewer line.
Southlake staff notified us in October 2016 that they were not billing Westlake
accurately, resulting in under billing by approximately $40,000 per month.
• The current residential and commercial wastewater rates, $5.85 and $6.85 respectively,
did not increase in 2016. The current TRA wholesale rate is $7.30/1,000 gals.
o Proposed residential volume rate still does not cover TRA rate 100%
o Proposed commercial volume rate does cover TRA rate
RECOMMENDATION
N/A
ATTACHMENTS
N/A – presentation during meeting
Standing Item: Presentation and discussion of development projects per Staff
December 2016 report and December 2016 Entrada report from the Developer.
Town Council
Item # 5b Standing
Development Discussion
Development Snapshot
December 2016
DENTON COUNTY
TARRANT COUNTY
CITY OF
ROANOKE
DENTON COUNTY
TARRANT COUNTY
CITY OF
FORT WORTH
CITY OF
SOUTHLAKE
3
TOWN LIMIT
TOWN LIMIT
TOWN LIMIT
TOWN LIMIT
TOWN LIMIT
TOWN LIMIT
TOWN LIMIT
TOWN LIMIT
This map is for information purpose only.
Town of Westlake
Development Activities Map
December 2016
TOWN OF
TROPHY CLUB
CITY OF
KELLER
CITY OF
SOUTHLAKE
4
1 Primrose School Entrada
26 Arta Drive
2
3
Hollywood Hamburger
1301 Solana Boulevard
4 Highway 170 Lane Expansion
Terra Bella
Residential Development
6 Carlyle Court
Residential Development
7 Quail Hollow
Residential Development
8 Granada
Residential Development
Project Blizzard / Schwab
Campus
Mixed-Use Development
5
9
Highway 114 Lane Expansion
Map Guide
1
170
114
114
377
377
170
170
114
2
9
Subdivision Roads
Collector / Arterial Roads
State Highway 114
State Highway 170
US Highway 377
Future Traffic Signal
Road Legend
8
5
6
7
Development Activities Map Legend
Project
No. Project Name Land Use Number
of Lots Development Status Status Estimated
Completion Size
1 Primrose School Commercial N/A Under construction Spring 2017 12,100 s.f.
2 Hollywood Hamburger Commercial N/A Certificate of Occupancy issued 12/14/2016 Completed 2,000 s.f.
3 Highway 114 Civil N/A Under construction Fall 2018 2.5 miles
4 Highway 170 Civil N/A Under construction Fall 2018 1.6 miles
5 Terra Bella Residential 28 22 lots currently developed or under construction N/A 54.7 acres
6 Carlyle Court Residential 8 4 lots under construction N/A 10.2 acres
7 Quail Hollow Residential 92 Phase I infrastructure under construction. Phase II to begin soon. Building permits expected soon N/A 188 acres
8 Granada Residential 84 Phase I has 30/41 lots currently developed or under construction. Phase II infrastructure under con-
struction. Building permits for Phase II expected soon N/A 85 acres
9
Project Blizzard Mix-Use N/A Preliminary utility work under construction. Dam/Lake hydrology improvements under construction N/A 73.1 acres
Schwab Campus Office N/A Concept plan and site plan expected to be submitted Spring 2017. Developer aiming for a Summer
2017 start date N/A 81 acres
EXECUTIVE SESSION
a. Sec. 551.071 Consultation with Attorney (1) when the governmental body seeks
the advice of its attorney about: Land Sale
b. Section 551.071(2) – Consultation with City Attorney on a matter in which the
duty of the attorney to the governmental body under the Texas Disciplinary
Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this
chapter: Resolution No. 00-19, a Contract with Hillwood Development
Corporation Concerning the Design Engineering and Construction of the West
Side Pump Station and the Dove Road Waterline.
c. Section 551.087 Deliberation Regarding Economic Development
Negotiations (1) to discuss or deliberate regarding commercial or financial
information that the governmental body has received from a business prospect
that the governmental body seeks to have locate, stay, or expand in or near the
territory of the governmental body and with which the governmental body is
conducting economic development negotiations; or (2) to deliberate the offer of
a financial or other incentive to a business prospect described by Subdivision (1)
for the following:
- Maguire Partners-Solana Land, L.P., related to Centurion’s development
known as Entrada and Granada
- Project Lynx
- CS Kinross Lake Parkway, a Delaware limited liability company, its affiliate
Charles Schwab & Co., Inc.
d. Section 551.072 to deliberate the purchase, exchange, lease or value of real
property regarding Town Hall offices, Fire Station site and Town owned property
Town Council
Item # 6 – Executive
Session
Town Council
Item # 7 – Reconvene
Council Meeting
COUNCIL RECAP / STAFF DIRECTION
Town Council
Item # 8 – Council Recap /
Staff Direction
Town Council
Item # 9 – Adjournment
Work Session
ITEMS OF COMMUNITY INTEREST: Mayor and Council Reports
on Items of Community Interest pursuant to Texas Government
Code Section 551.0415 the Town Council may report on the
following items: (1) expression of thanks, congratulations, or
condolences; (2) information about holiday schedules; (3)
recognition of individuals; (4) reminders about upcoming Town
Council events; (5) information about community events; and (6)
announcements involving imminent threat to public health and
safety.
Northeast Leadership Forum Annual Meeting & Award Luncheon
Friday, February 3, 2017; 11:30 am – 1:00 pm
North Richland Hills Centre – Grand Hall, 6000 Hawk Ave, NRH 76180
-Special Guest Speaker: Speaker James Olson Senior; Lecturer at the George Bush School of
Government and Public Service at Texas A&M University College Station, Former Chief of
Counterintelligence of the CIA, and Career Officer in the Directorate of Operations of the CIA with
Overseas Assignments in U.S.S.R., Austria, and Mexico
*Please let Ginger know of your attendance plans for registration & ticketing
Coffee & Conversation with the Mayor/Board President
Monday, February 6, 2017; 8:00 – 9:30 am
Marriott Solana Hotel – Great Room
WA Board of Trustees Workshop/Meeting
Monday, February 6, 2017*
Westlake Town Hall, Solana – Council Chamber/Courtroom
Planning & Zoning Meeting; if needed
Monday, February 13, 2017*
Westlake Town Hall, Solana – Council Chamber/Courtroom
Northeast Tarrant Transportation Summit
Friday, February 17, 2017; 9:30 am – 1:30 pm
Hurst Conference Center
-Three work sessions with keynote speaker at lunch: Dr. Ray Perryman, President & CEO of The
Perryman Group; Topic: Transportation as an Economic Driver
*Please let Ginger know of your attendance plans for registration & ticketing
WA Board of Trustees Workshop only
Monday, February 27, 2017*
Westlake Town Hall, Solana – Council Chamber/Courtroom
Town Council Workshop/Meeting
Monday, February 27, 2017*
Westlake Town Hall, Solana – Council Chamber/Courtroom
SAVE THE DATE…
Westlake Academy 14th Annual Gallery Night on Saturday, March 4, 2017!
-Gratefully accepting sponsorships and donations now! For more information, please
contact Dr. Shelly Myers.
*For meeting agendas and details on calendar events, please visit the Town’s website.
Town Council
Item # 2 – Items of
Community Interest
CITIZEN COMMENTS: This is an opportunity for citizens to address the Council on any matter
whether or not it is posted on the agenda. The Council cannot by law take action nor have any
discussion or deliberations on any presentation made to the Council at this time concerning an
item not listed on the agenda. The Council will receive the information, ask staff to review the
matter, or an item may be noticed on a future agenda for deliberation or action.
Town Council
Item # 3 – Citizen
Comments
CONSENT AGENDA: All items listed below are considered routine by the Town Council
and will be enacted with one motion. There will be no separate discussion of items
unless a Council Member or citizen so requests, in which event the item will be removed
from the general order of business and considered in its normal sequence.
a. Consider approval of the minutes from the January 9, 2017, meeting.
b. Consider approval of the minutes from the December 12, 2016, meeting.
c. Consider approval of Ordinance 813, Adopting the 2015 International Building
and Fire Codes and related local amendments from the North Central Texas
Council of Governments (NCTCOG).
d. Consider approval of Ordinance 814, Amending Chapter 38, Sections 38.31 –
38.34, adopting the 2015 International Fire Code.
e. Consider approval of Ordinance 815, Amending and Establishing a new Water
and Wastewater Rate and Fee Schedule, and repealing Ordinance 757.
Town Council
Item # 4 – Consent
Agenda
Town Council Minutes
12/12/16
Page 1 of 2
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
TOWN COUNCIL MEETING
January 9, 2017
PRESENT: Mayor Laura Wheat, Council Members: Alesa Belvedere, Carol Langdon, and
Rick Rennhack.
ABSENT: Michael Barrett and Wayne Stoltenberg.
OTHERS PRESENT: Assistant Town Manager Amanda DeGan, Town Secretary Kelly
Edwards, Director of Communications Ginger Awtry, Director of
Information Technology Jason Power, Director of Finance Debbie
Piper, Communications Manager Jon Sasser, and Director of Parks
& Recreation Troy Meyer.
Regular Session
1. CALL TO ORDER
Mayor Wheat called the regular session to order at 7:29 p.m.
2. DISCUSSION AND CONSIDERATION OF ORDINANCE 812, CALLING AND
ORDERING AN ELECTION FOR THE PURPOSE OF ELECTING THREE (3) COUNCIL
MEMBERS TO BE HELD ON MAY 6, 2017, IN ACCORDANCE WITH THE
PROVISIONS OF SECTION 23.023, TEXAS LOCAL GOVERNMENT CODE.
Town Secretary Edwards provided an overview of the item
MOTION: Council Member Rennhack made a motion to approve Ordinance
812. Council Member Langdon seconded the motion. The
motion carried by a vote of 3-0.
Town Council Minutes
12/12/16
Page 2 of 2
3. DISCUSSION AND CONSIDERATION OF RESOLUTION 17-01, AUTHORIZING
THE TOWN MANAGER TO ENTER INTO AN AGREEMENT WITH C. GREEN
SCAPING LP TO COMPLETE PHASE I OF THE OUTDOOR LEARNING STATIONS
WHICH INCLUDES THE VEGETABLE GARDEN STATION AND SIDEWALKS, AND
AUTHORIZE THE TOWN MANAGER TO MAKE FUNDING CHANGES NOT TO
EXCEED $25,000.00 ON THIS PROJECT.
Director Meyer provided a presentation and overview of the item.
MOTION: Council Member Langdon made a motion to approve Resolution
17-01. Council Member Belvedere seconded the motion. The
motion carried by a vote of 3-0.
4. ADJOURNMENT
There being no further business before the Council, Mayor Wheat asked for a motion to
adjourn the meeting.
MOTION: Council Member Rennhack made a motion to adjourn the meeting.
Council Member Belvedere seconded the motion. The motion
carried by a vote of 3-0.
Mayor Wheat adjourned the meeting at 7:47 p.m.
APPROVED BY THE TOWN COUNCIL ON JANUARY 23, 2017.
ATTEST: _____________________________
Laura Wheat, Mayor
_____________________________
Kelly Edwards, Town Secretary
Town Council Minutes
12/12/16
Page 1 of 9
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
TOWN COUNCIL MEETING
December 12, 2016
PRESENT: Mayor Laura Wheat, Council Members: Alesa Belvedere, Carol Langdon, and
Wayne Stoltenberg. Rick Rennhack arrived at 5:14 p.m., and Michael Barrett
arrived at 5:16 p.m.
ABSENT:
OTHERS PRESENT: Town Manager Thomas Brymer, Town Secretary Kelly Edwards,
Town Attorney Cathy Cunningham, Assistant Town Manager
Amanda DeGan, Director of Public Works Jarrod Greenwood, Fire
Chief Richard Whitten, Deputy Chief John Ard, Director of
Communications Ginger Awtry, Director of Information
Technology Jason Power, Director of Planning & Development Ron
Ruthven, Development Coordinator/ Management Analyst Joel
Enders, Director of Finance Debbie Piper, Director of Human
Resources & Administrative Services Todd Wood, and Director of
Parks & Recreation Troy Meyer.
Work Session
1. CALL TO ORDER
Mayor Wheat called the work session to order at 5:11 p.m.
2. PLEDGE OF ALLEGIANCE
Mayor Wheat led the Pledge of Allegiance to the United States and Texas flags.
Town Council Minutes
12/12/16
Page 2 of 9
3. REVIEW OF CONSENT AGENDA ITEMS FOR THE TOWN COUNCIL REGULAR
MEETING AGENDA.
No additional discussion.
4. DISCUSSION ITEMS
a. Presentation and discussion regarding the proposed Transfer of Development
Intensity Ordinance.
Director Ruthven provided an overview of the agenda item.
Mr. Robin McCaffrey and Ms. Ashley Shook, Mesa Planning, provided a
presentation and overview of the proposed ordinance.
Discussion ensued regarding incentives for open space adjacent to Westlake
Academy, flexibility for Council to determine the public use and greater intensity,
references used to create the ordinance, a guide for staff and applicants,
residential numbers as adopted by the Comprehensive Plan, platting process, the
possibility of selling sending or receiving rights, and dual sending areas.
Town Manager Brymer discussed the next steps for the ordinance.
Mr. Joe Schneider, Hillwood, is in favor of the proposed ordinance but would like
to have an additional meeting prior to adoption.
b. Presentation and Discussion of process to date and establishing Goals,
Objectives, and a Framework for a Town-Wide Public Art Program.
Mr. Robin McCaffrey and Ms. Ashley Shook, Mesa Planning, provided a
presentation and overview of the item.
Discussion ensued regarding the percentage of temporary and permanent art,
reaching out to multiple museums, bringing Artists to Westlake, Charles
Schwab’s interest in the program, and communicating the program to the past
Public Art board members.
c. Discussion and update regarding the Upcoming Legislative Session and possible
Westlake Priorities.
Town Manager Brymer provided an overview of the item.
Discussion ensued regarding supporting transportation, the opposition of
appraisal caps, and the creation of appraisal districts.
Town Council Minutes
12/12/16
Page 3 of 9
Council Member Stoltenberg would be in favor remaining silent on the opposition
of appraisal caps.
d. Discussion Regarding a proposed Special Events Ordinance.
Town Manager Brymer provided an overview of the item.
Discussion ensued regarding the regulation of events on private property, quasi-
public events, the levels of events, traffic and parking, informing land owners,
and establishing the parameters based on the size of the property.
e. Standing Item: Presentation and discussion of development projects per Staff
November 2016 report and November 2016 Entrada report from the Developer.
Director Ruthven provided an overview of the items as outlined in the report.
Discussion ensued regarding the construction along Solana Boulevard and the
impacts to the Granada subdivision, notification regarding the traffic switch,
grading performance of developers, wayfinding in Entrada, and adding the
development report to the website, the lighting temperature in Entrada, and
revisiting the current Lighting ordinance.
5. EXECUTIVE SESSION
The Council convened into executive session at 7:08 p.m.
The Council will conduct a closed session pursuant to Texas Government Code, annotated,
Chapter 551, Subchapter D for the following:
a. Sec. 551.071 Consultation with Attorney (1) when the governmental body seeks
the advice of its attorney about: Land Sale
b. Section 551.087 Deliberation Regarding Economic Development
Negotiations (1) to discuss or deliberate regarding commercial or financial
information that the governmental body has received from a business prospect
that the governmental body seeks to have locate, stay, or expand in or near the
territory of the governmental body and with which the governmental body is
conducting economic development negotiations; or (2) to deliberate the offer of
a financial or other incentive to a business prospect described by Subdivision (1)
for the following:
- Maguire Partners-Solana Land, L.P., related to Centurion’s development
known as Entrada and Granada
- Project Lynx
- CS Kinross Lake Parkway, a Delaware limited liability company, its affiliate
Charles Schwab & Co., Inc.
c. Section 551.072 to deliberate the purchase, exchange, lease or value of real
property regarding Town Hall offices, Fire Station site and Town owned property
Town Council Minutes
12/12/16
Page 4 of 9
6. RECONVENE MEETING
Mayor Wheat reconvened the meeting at 7:45 p.m.
7. COUNCIL RECAP / STAFF DIRECTION
Town staff to meet with land owners regarding the Special Events ordinance.
Town staff to update the Lighting ordinance.
8. ADJOURNMENT
Mayor Wheat adjourned the work session at 7:45 p.m.
Regular Session
1. CALL TO ORDER
Mayor Wheat called the regular session to order at 7:45 p.m.
2. ITEMS OF COMMUNITY INTEREST
Director Awtry provided an overview of the upcoming closings and meetings.
3. CITIZEN COMMENTS
No one addressed the Council.
4. CONSENT AGENDA
a. Consider approval of the minutes from the November 14, 2016, meeting.
b. Consider approval of the minutes from the December 5, 2016, meeting.
c. Consider approval of Resolution 16-41, Designating a public newspaper of
general circulation as the Official Newspaper.
d. Consider approval of Resolution 16-42, Approving the Town’s Legislative
priorities for the 2017 Texas Legislative Session.
MOTION: Council Member Rennhack made a motion to approve items a-c of
the consent agenda. Council Member Langdon seconded the
motion. The motion carried by a vote of 5-0.
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MOTION: Council Member Belvedere made a motion to approve item d of the
consent agenda. Council Member Rennhack seconded the motion.
The motion carried by a vote of 4-1-0. Council Member Stoltenberg
opposed.
5. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 806
AMENDING CHAPTER 70, OF THE WESTLAKE CODE OF ORDINANCES BY
ADDING A NEW SECTION RELATED TO TEMPORARY BUSINESS SIGNAGE.
Director Ruthven provided a presentation and overview of the item.
Mayor Wheat opened the public hearing.
No one addressed the Council.
Mayor Wheat closed the public hearing.
MOTION: Council Member Stoltenberg made a motion to approve
Ordinance 806. Council Member Barrett seconded the motion.
The motion carried by a vote of 5-0.
6. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 807,
APPROVING REZONING OF AN APPROXIMATELY 5.03-ACRE TRACT,
IDENTIFIED AS A PORTION OF PLANNED DEVELOPMENT DISTRICT 2;
REZONING SAID TRACT FROM PLANNED DEVELOPMENT TO GOVERNMENT USE.
THE SUBJECT TRACT IS GENERALLY LOCATED NEAR THE NORTHWEST CORNER
OF DAVIS BOULEVARD AND DOVE ROAD.
Coordinator Enders and Director Meyer provided a presentation and overview of the item.
Mayor Wheat opened the public hearing.
No one addressed the Council.
Mayor Wheat closed the public hearing.
MOTION: Council Member Rennhack made a motion to approve Ordinance
807. Council Member Langdon seconded the motion. The
motion carried by a vote of 5-0.
7. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 808,
APPROVING REPLAT OF AN APPROXIMATELY 5.03-ACRE PORTION OF LOT 1,
FIDELITY INVESTMENTS ADDITION, PHASE 1.
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Page 6 of 9
Coordinator Enders and Director Meyer provided a presentation and overview of the item.
Mayor Wheat opened the public hearing.
No one addressed the Council.
Mayor Wheat closed the public hearing.
MOTION: Council Member Barrett made a motion to approve Ordinance
808. Council Member Belvedere seconded the motion. The
motion carried by a vote of 5-0.
8. DISCUSSION AND CONSIDERATION OF RESOLUTION 16-43, AUTHORIZING
THE TOWN MANAGER TO ENTER INTO AN AGREEMENT WITH BROWN
REYNOLDS WATFORD ARCHITECTS TO PROVIDE PROFESSIONAL
ARCHITECTURAL DESIGN SERVICES FOR THE TOWN OF WESTLAKE FIRE/EMS
STATION NO. 1 AND AUTHORIZE THE TOWN MANAGER TO MAKE FUNDING
CHANGES NOT TO EXCEED $25,000.00 ON THIS PROJECT.
Director Meyer provided a presentation and overview of the item.
Discussion ensued regarding the next public forum meeting and the number in attendance
at the previous public forum.
Mayor Wheat opened the public hearing.
No one addressed the Council.
Mayor Wheat closed the public hearing.
MOTION: Council Member Stoltenberg made a motion to approve
Resolution 16-43. Council Member Langdon seconded the
motion. The motion carried by a vote of 5-0.
9. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 809,
APPROVING REPLAT OF AN APPROXIMATELY 2.474-ACRE PORTION OF
PLANNED DEVELOPMENT DISTRICT 1, PLANNING AREA 2 (PD 1-2),
ESTABLISHED BY ORDINANCE 703 FOR THE PROPERTY GENERALLY LOCATED
SOUTH OF STATE HIGHWAY 114, EAST OF DAVIS BOULEVARD, AND NORTH OF
SOLANA BOULEVARD, COMMONLY KNOWN AS WESTLAKE ENTRADA. THE
REPLAT SHOWS BLOCK A, LOTS 1R, 2, 3, 4, AND BLOCK O, LOTS 1R, 2RX, AND
3RX.
Coordinator Enders provided a presentation and overview of the item.
Mayor Wheat opened the public hearing.
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No one addressed the Council.
Mayor Wheat closed the public hearing.
MOTION: Council Member Rennhack made a motion to approve Ordinance
809. Council Member Belvedere seconded the motion. The
motion carried by a vote of 5-0.
10. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 810,
APPROVING REPLAT OF AN APPROXIMATELY 3.388-ACRE PORTION OF
PLANNED DEVELOPMENT DISTRICT 1, PLANNING AREA 2 (PD 1-2),
ESTABLISHED BY ORDINANCE 703 FOR THE PROPERTY GENERALLY LOCATED
SOUTH OF STATE HIGHWAY 114, EAST OF DAVIS BOULEVARD, AND NORTH OF
SOLANA BOULEVARD, COMMONLY KNOWN AS WESTLAKE ENTRADA. THE
REPLAT SHOWS BLOCK L, LOT 6, AND BLOCK S, LOT 2X.
Coordinator Enders provided a presentation and overview of the item.
Mayor Wheat opened the public hearing.
No one addressed the Council.
Mayor Wheat closed the public hearing.
MOTION: Council Member Belvedere made a motion to approve Ordinance
810. Council Member Barrett seconded the motion. The motion
carried by a vote of 5-0.
11. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 811,
APPROVING THE FINAL PLAT FOR OR PHASE II OF THE APPROXIMATELY 84
ACRE DEVELOPMENT KNOWN AS GRANADA, LOCATED GENERALLY EAST OF
DAVIS BLVD., SOUTH OF SOLANA BLVD., AND NORTH OF DOVE ROAD.
Director Ruthven provided a presentation and overview of the item.
Discussion ensued regarding the team walk through of the property and the construction
entry.
Mayor Wheat opened the public hearing.
No one addressed the Council.
Mayor Wheat closed the public hearing.
Town Council Minutes
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Page 8 of 9
MOTION: Council Member Rennhack made a motion to approve Ordinance
811. Council Member Belvedere seconded the motion. The
motion carried by a vote of 5-0.
12. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF A RESOLUTION 16-44,
APPROVING THE FINAL PLATS FOR PHASE 1 AND PHASE 2A OF THE QUAIL
HOLLOW SUBDIVISION, SHOWING 52 RESIDENTIAL LOTS OF ONE-ACRE OR
MORE IN SIZE. THE PROPERTY INCLUDED IN THE FINAL PLATS IS A PORTION
OF THE APPROVED 188.28-ACRE PRELIMINARY PLAT LOCATED AT 1755 DOVE
ROAD, SOUTHEAST CORNER OF THE FM 1938/DOVE ROAD INTERSECTION.
Director Greenwood provided a presentation and overview of the item.
Discussion ensued regarding the dam and right of way dedication along Dove Road, the
careful relocation of the dam, and walk through of the property with staff.
Mayor Wheat opened the public hearing.
No one addressed the Council.
Mayor Wheat closed the public hearing.
MOTION: Council Member Stoltenberg made a motion to approve
Resolution 16-44. Council Member Rennhack seconded the
motion. The motion carried by a vote of 5-0.
13. EXECUTIVE SESSION
The Council did not convene into executive session.
The Council will conduct a closed session pursuant to Texas Government Code, annotated,
Chapter 551, Subchapter D for the following:
a. Sec. 551.071 Consultation with Attorney (1) when the governmental body seeks
the advice of its attorney about: Land Sale
b. Section 551.087 Deliberation Regarding Economic Development
Negotiations (1) to discuss or deliberate regarding commercial or financial
information that the governmental body has received from a business prospect
that the governmental body seeks to have locate, stay, or expand in or near the
territory of the governmental body and with which the governmental body is
conducting economic development negotiations; or (2) to deliberate the offer of
a financial or other incentive to a business prospect described by Subdivision (1)
for the following:
- Maguire Partners-Solana Land, L.P., related to Centurion’s development
known as Entrada and Granada
- Project Lynx
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- CS Kinross Lake Parkway, a Delaware limited liability company, its affiliate
Charles Schwab & Co., Inc.
c. Section 551.072 to deliberate the purchase, exchange, lease or value of real
property regarding Town Hall offices, Fire Station site and Town owned property
14. RECONVENE MEETING
15. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
16. FUTURE AGENDA ITEMS
No future agenda items.
17. ADJOURNMENT
There being no further business before the Council, Mayor Wheat asked for a motion to
adjourn the meeting.
MOTION: Council Member Rennhack made a motion to adjourn the meeting.
Council Member Langdon seconded the motion. The motion
carried by a vote of 5-0.
Mayor Wheat adjourned the meeting at 8:13 p.m.
APPROVED BY THE TOWN COUNCIL ON JANUARY 23, 2017.
ATTEST: _____________________________
Laura Wheat, Mayor
_____________________________
Kelly Edwards, Town Secretary
estlake Town Council
TYPE OF ACTION
Regular Meeting - Action Item
Monday, January 23, 2017
TOPIC: Consider approval of an Ordinance adopting the most current Building and
Fire Codes
STAFF CONTACT: Pat Cooke, Chief Building Official
John Ard, Town Fire Marshal
Strategic Alignment
Vision, Value, Mission Perspective Strategic Theme & Results Outcome
Objective
Mission: Westlake is a
unique community
blending preservation
of our natural
environment and
viewscapes, while
serving our residents
and businesess with
superior municipal and
academic services that
are accessible,
efficient, cost-effective,
& transparent.
Citizen, Student
& Stakeholder
High Quality Planning,
Design & Development - We
are a desirable well planned,
high-quality community that
is distinguished by
exemplary design standards.
Preserve
Desirability &
Quality of Life
Strategic Initiative
Update zoning ordinances and development regulations
Time Line - Start Date: January 23, 2017 Completion Date: January 23, 2017
Funding Amount: 00.00 Source - N/A
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
Building Codes are revised in three-year cycles; the Town adopted the 2012 Building and Fire
codes in January of 2014, and must now adopt the 2015 codes in order to satisfy State mandates
and stay current with new construction materials and methods. Periodically updated Codes are a
tool that helps ensure the most efficient and best methods of construction are utilized in
Westlake.
In addition, the Texas Legislature mandated that all municipalities in Texas begin enforcing the
2015 Energy Efficiency Code for all new construction beginning September 2016. Adopting the
current energy code will require the adoption of the other codes due to the cross-referencing and
continuity of the other codes.
In addition, for the Town to maintain its Insurance Service Offices (ISO) rating we must adopt
the most current codes. ISO requires that municipalities maintain the most recent available
building codes for maximum ratings. Surrounding cities have either already updated their codes
or are in the process of updating their codes.
Staff is proposing amendments recommended by the North Central Texas Council of
Governments for our region. These amendments ensure that codes will fit local conditions and
maintain regional continuity. Note that the 2015 codes have been further adjusted to include the
Town’s long-running requirement that all new construction have an automatic fire sprinkler
installed.
All codes recommended for adoption are 2015 editions except for the Electrical Code, which is
on a different cycle (2014 is the most recent edition). However, the 2014 Electrical Code is
written to be compatible with the 2015 Building, Fire, and other trade codes.
RECOMMENDATION
Staff recommends Adoption of the 2015 International Building Codes, International Fire Code
and 2014 National Electric Code, with an effective date of February 1, 2017
ATTACHMENTS
1. Ordinance for consideration, including North Central Texas Council of Governments
Amendments
Ordinance 813
Page 1 of 53
TOWN OF WESTLAKE
ORDINANCE NO. 813
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING CHAPTER
18, “BUILDINGS AND BUILDING REGULATIONS,” ARTICLE II “CODES,”
SECTIONS 18-31 THROUGH 18-60 OF THE TOWN OF WESTLAKE CODE OF
ORDINANCES BY ADOPTING THE 2015 EDITIONS OF THE INTERNATIONAL
RESIDENTIAL CODE, INTERNATIONAL BUILDING CODE, INTERNATIONAL
PLUMBING CODE, INTERNATIONAL FUEL AND GAS CODE, INTERNATIONAL
MECHANICAL CODE, AND INTERNATIONAL ENERGY CONSERVATION CODE,
ALONG WITH THE 2014 EDITION OF THE NATIONAL ELECTRIC CODE, WITH
NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS AMENDMENTS TO
SAID CODES. PROVIDING A PENALTY; PROVIDING A CUMULATIVE CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas is a general law Town; and
WHEREAS, the Town of Westlake is currently enforcing the 2012 International Codes
and the 2011 National Electrical Code; and
WHEREAS, many municipalities in the DFW Metroplex have adopted the 2015
International Codes and 2014 National Electrical Code; and
WHEREAS, North Central Texas Council of Governments has recommended
amendments and encourages municipalities in the area to adopt the 2015 International Codes
and 2014 National Electrical Code; and
WHEREAS, the Town of Westlake is an ever-expanding community; and
WHEREAS, the Town Council of the Town of Westlake finds it necessary for the
public health, safety and welfare to adopt the 2015 editions of the International Residential,
Building, Plumbing, Fuel Gas, Mechanical and Energy Conservation Codes, and the 2014
edition of the National Electrical Code; and
WHEREAS, upon the recommendation of the Town of Westlake Planning and
Development Department, the Town Council of the Town of Westlake, Texas, is of the opinion
that it is in the best interests of the town and its citizens that amendments to the 2015
International Codes and 2014 National Electrical Code should be approved and adopted.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That all matters stated in the preamble are found to be true and correct
and are incorporated herein as if copied in their entirety.
Ordinance 813
Page 2 of 53
SECTION 2: That Chapter 18, “Buildings and Building Regulations,” Article II
“Codes,” Sections 18-31 through 18-60 of the Town of Westlake Code of Ordinances, as
amended, is hereby amended as follows:
Chapter 18 BUILDINGS AND BUILDING REGULATIONS
ARTICLE II. CODES
Sec. 18- 31. Adoption.
The town adopts in their entirety the 2015 Edition of the International Residential Code, the
2015 Edition of the International Building Code, the 2015 Edition of the International Energy
Conservation Code, the 2015 Edition of the International Fuel Gas Code, the 2015 Edition of
the International Mechanical Code, the 2015 Edition of the International Plumbing Code and
the 2014 Edition of the National Electrical Code, including the amendments to such codes as
attached to this ordinance. Amendments to these codes, attached as Exhibit A, are to be kept
on file and available in the office of the town secretary.
Sec. 18- 32. Permit Required.
No person shall perform any work or supply any materials falling within the jurisdiction of
one of the respective codes adopted under Section 13-31 without first having secured a permit
in accordance with the applicable code.
Sec. 18- 33. - Penalty.
That any person, either by himself or agent, and any firm, corporation or other entity who
violates any of the provisions of the codes adopted in section 18- 31 shall be deemed guilty of
a misdemeanor and, upon conviction of any such violation, shall be punished as provided in
Section 1- 9. In any case of a violation of any of the terms and provisions of the codes
adopted by the ordinance, by any corporation, the officers and agents actively in charge of the
business of such corporation shall be subject to the penalty provided in this section.
Local Amendments Note:
1. All buildings are required to be protected by an automatic fire sprinkler system. See the
Westlake Fire Code and amendments for provisions, and exceptions, relating to the
requirements for the installation of Automatic Fire Sprinkler systems.
Ordinance 813
Page 3 of 53
Sec. 18-34. – Amendments to the 2015 International Building Code
The following sections, paragraphs, and sentences of the 2015 International Building Code
are hereby amended as follows: Standard type is text from the IBC. Lined through type is
deleted text from IBC. 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 101.4; change to read as follows:
101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.8 and
referenced elsewhere in this code, when specifically adopted, shall be considered part of the
requirements of this code to the prescribed extent of each such reference. Whenever
amendments have been adopted to the referenced codes and standards, each reference to said
code and standard shall be considered to reference the amendments as well. Any reference to
NFPA 70 or the Electrical Code shall mean the Electrical Code as adopted.
**Section 101.4.8; add the following:
101.4.8 Electrical. The provisions of the Electrical Code shall apply to the installation of
electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures,
fittings and appurtenances thereto.
** Section 103 and 103.1 amend to insert the Department Name
TOWN OF WESTLAKE BUILDING INSPECTION DEPARTMENT
103.1 Creation of enforcement agency. The Town of Westlake Building Inspection
Department is hereby created and the official in charge thereof shall be known as the
Building Official.
**Section 105.2 Work exempt from permit; under sub-title entitled “Building” delete
items 1, 2, 10 and 11 and re-number as follows:
Building:
1. One-story detached accessory structures used as tool and storage sheds, playhouses and
similar uses, provided the floor area does not exceed 120 square feet (11 m2).
2. Fences not over 7 feet (1829 mm) high.
3. 1. (Unchanged)
4. 2. (Unchanged)
5. 3. (Unchanged)
6. 4. (Unchanged)
7. 5. (Unchanged)
8. 6. (Unchanged)
9. 7. (Unchanged)
10. Shade cloth structures constructed for nursery or agricultural purposes, not including
service systems.
Ordinance 813
Page 4 of 53
11. 8. (Unchanged)
12. 9. (Unchanged)
13. 10. (Unchanged)
**Section 109; add Section 109.7 to read as follows:
109.7 Re-inspection Fee. A fee as established by city council resolution may be charged
when:
1. The inspection called for is not ready when the inspector arrives;
2. No building address or permit card is clearly posted;
3. City approved plans are not on the job site available to the inspector;
4. The building is locked or work otherwise not available for inspection when called;
5. The job site is red-tagged twice for the same item;
6. The original red tag has been removed from the job site.
7. Failure to maintain erosion control, trash control or tree protection.
Any re-inspection fees assessed shall be paid before any more inspections are made on that
job site.
**Section 109; add Section 109.8, 109.8.1, 109.8.2 and 109.9 to read as follows:
109.8 Work without a permit.
109.8.1 Investigation. Whenever work for which a permit is required by this code has
been commenced without first obtaining a permit, a special investigation shall be
made before a permit may be issued for such work.
109.8.2 Fee. An investigation fee, in addition to the permit fee, shall be collected
whether or not a permit is subsequently issued. The investigation fee shall be equal to
the amount of the permit fee required by this code or the city fee schedule as
applicable. The payment of such investigation fee shall not exempt the applicant from
compliance with all other provisions of either this code or the technical codes nor from
penalty prescribed by law.
109.9 Unauthorized cover up fee. Any work concealed without first obtaining the required
inspection in violation of Section 110 shall be assessed a fee as established by the city fee
schedule.
**Section 110.3.5; Lath, gypsum board and gypsum panel product inspection. Delete
exception
Exception: Gypsum board and gypsum panel products that are not part of a fire resistance
rated assembly or a shear assembly.
**Section 202; amend definition of Ambulatory Care Facility as follows:
Ordinance 813
Page 5 of 53
AMBULATORY CARE FACILITY. Buildings or portions thereof used to provide
medical, surgical, psychiatric, nursing or similar care on a less than 24-hour basis to
individuals who are rendered incapable of self-preservation by the services provided. This
group may include but not be limited to the following:
- Dialysis centers
- Sedation dentistry
- Surgery centers
- Colonic centers
- Psychiatric centers
**Section 202; add definition of Assisting Living Facilities to read as follows.
ASSISTED LIVING FACILITIES. A building or part thereof housing persons, on a 24-
hour basis, who because of age, mental disability or other reasons, live in a supervised
residential environment which provides personal care services. The occupants are capable of
responding to an emergency situation without physical assistance from staff.
**Section 202; change definition of “Atrium” as follows:
ATRIUM. An opening connecting three or more stories… {Balance remains unchanged}
**Section 202; add definition of “Repair Garage” as follows:
REPAIR GARAGE. A building, structure or portion thereof used for servicing or repairing
motor vehicles. This occupancy shall also include garages involved in minor repair,
modification and servicing of motor vehicles for items such as lube changes, inspections,
windshield repair or replacement, shocks, minor part replacement and other such minor
repairs.
***Section 202; amend definition of SPECIAL INSPECTOR to read as follows:
SPECIAL INSPECTOR. A qualified person employed or retained by an approved agency
who shall prove to the satisfaction of the registered design professional in responsible charge
and approved by the Building Official as having the competence necessary to inspect a
particular type of construction requiring special inspection.
**Section 202; amend definition to read as follows:
HIGH-RISE BUILDING. A building with an occupied floor located more than 55 feet (16,
764 mm) above the lowest level of fire department vehicle access.
**Section 303.1.3; add a sentence to read as follows:
303.1.3 Associated with Group E occupancies. A room or space used for assembly purposes
that is associated with a Group E occupancy is not considered a separate occupancy. Except
when applying the assembly requirements of Chapter 10 and 11.
Ordinance 813
Page 6 of 53
**Section 304.1; add the following to the list of occupancies:
Fire stations
Police stations with detention facilities for 5 or less
**Section 307.1.1; add the following sentence to Exception 4:
4. Cleaning establishments… {Text unchanged} …with Section 707 or 1-hour horizontal
assemblies constructed in accordance with Section 711 or both. See also IFC Chapter 21, Dry
Cleaning Plant provisions.
**Section 403.1, Exception 3; change to read as follows:
3. The open-air portion of a building with a Group A-5 occupancy in accordance with Section
303.6
**Section 403.3, Exception; delete item 2.
***Section 403.3.2; change to read as follows:
[F] 403.3.2 Water supply to required fire pumps. In buildings that are more than 120 feet
(36.5 m) in building height, required fire pumps shall be supplied by connections to no fewer
than two water mains located in different streets. Separate supply piping shall be provided
between each connection to the water main and the pumps. Each connection and the supply
piping between the connection and the pumps shall be sized to supply the flow and pressure
required for the pumps to operate.
Exception: {No change to exception.}
**Section 404.5; delete Exception.
**Section 406.3.5.1 Carport separation; add sentence to read as follows:
A fire separation is not required between a Group R-2 and U carport provided that the carport
is entirely open on all sides and that the distance between the two is at least 10 feet (3048
mm).
**Section 712.1.9, change item 4 to read as follows:
4. Is not open to a corridor in Group I and H occupancies.
**Section 901.6.1; add Section 901.6.1.1 to read as follows:
901.6.1.1 Standpipe Testing. Building owners/managers must maintain and test standpipe
systems as per NFPA 25 requirements. The following additional requirements shall be applied
to the testing that is required every 5 years:
1. The piping between the Fire Department Connection (FDC) and the standpipe shall be
back flushed when foreign material is present, and also hydrostatically tested for all
FDC’s on any type of standpipe system. Hydrostatic testing shall also be conducted in
accordance with NFPA 25 requirements for the different types of standpipe systems.
Ordinance 813
Page 7 of 53
2. For any manual (dry or wet) standpipe system not having an automatic water supply
capable of flowing water through the standpipe, the tester shall connect hose from a
fire hydrant or portable pumping system (as approved by the fire code official) to each
FDC, and flow water through the standpipe system to the roof outlet to verify that
each inlet connection functions properly. Confirm that there are no open hose valves
prior to introducing water into a dry standpipe. There are no required pressure criteria
at the outlet. Verify that check valves function properly and that there are no closed
control valves on the system.
3. Any pressure relief, reducing, or control valves shall be tested in accordance with the
requirements of NFPA 25. All hose valves shall be exercised.
4. If the FDC is not already provided with approved caps, the contractor shall install such
caps for all FDC’s as required by the fire code official.
5. Upon successful completion of standpipe test, place a blue tag (as per Texas
Administrative Code, Fire Sprinkler Rules for Inspection, Test and Maintenance
Service (ITM) Tag) at the bottom of each standpipe riser in the building. The tag shall
be check-marked as “Fifth Year” for Type of ITM, and the note on the back of the tag
shall read “5 Year Standpipe Test” at a minimum.
6. The procedures required by Texas Administrative Code Fire Sprinkler Rules with
regard to Yellow Tags and Red Tags or any deficiencies noted during the testing,
including the required notification of the local Authority Having Jurisdiction (fire code
official) shall be followed.
7. Additionally, records of the testing shall be maintained by the owner and contractor, if
applicable, as required by the State Rules mentioned above and NFPA 25.
8. Standpipe system tests where water will be flowed external to the building shall not be
conducted during freezing conditions or during the day prior to expected night time
freezing conditions.
9. Contact the fire code official for requests to remove existing fire hose from Class II
and III standpipe systems where employees are not trained in the utilization of this
firefighting equipment. All standpipe hose valves must remain in place and be
provided with an approved cap and chain when approval is given to remove hose by
the fire code official.
**Section 903.1.1; change to read as follows:
[F] 903.1.1 Alternative protection. Alternative automatic fire-extinguishing systems
complying with Section 904 shall be permitted in addition to automatic sprinkler protection
where recognized by the applicable standard, or as approved by the fire code official.
**Section 903.2; add the following:
[F] 903.2 Where required. Approved automatic sprinkler systems in new buildings and
structures shall be installed in all new buildings constructed in the Town of Westlake, in
accordance with International Fire Code as amended by the Town of Westlake. Automatic
Sprinklers shall not be installed in elevator machine rooms, elevator machine spaces, and
elevator hoistway, other than pits where such sprinklers would not necessitate shunt trip
Ordinance 813
Page 8 of 53
requirements under any circumstances. Storage shall not be allowed within the elevator
machine room. Signage shall be provided at the entry doors to the elevator machine room
indicating “ELEVATOR MACHINERY – NO STORAGE ALLOWED.”
[F] **Section 903.2; delete the exception.
**Section 903.2.9; add Section 903.2.9.3 to read as follows:
[F] 903.2.9.3 Self-service storage facility. An automatic sprinkler system shall be installed
throughout all self-service storage facilities.
Section 903.2.11; change 903.2.11.3 and add 903.2.11.7, 903.2.11.8, and 903.2.11.9 as
follows:
903.2.11.3 Buildings 35 feet or more in height. An automatic sprinkler system shall be
installed throughout all new buildings constructed within the Town of Westlake.
903.2.11.7 High-Piled Combustible Storage. For any building with a clear height exceeding
12 feet (4572 mm), see Chapter 32 of the IFC to determine if those provisions apply.
903.2.11.8 Spray Booths and Rooms. New and existing spray booths and spraying rooms
shall be protected by an approved automatic fire-extinguishing system.
903.2.11.9 Buildings Over 6,000 sq.ft. An automatic sprinkler system shall be installed
throughout all buildings constructed in the Town of Westlake.
**Section 903.3.1.1.1; change to read as follows:
[F] 903.3.1.1.1 Exempt locations. When approved by the fire code official, automatic
sprinklers shall not be required in the following rooms or areas where such ... {text
unchanged} … because it is damp, of fire-resistance-rated construction or contains electrical
equipment.
1. Any room where the application of water, or flame and water, constitutes a serious life
or fire hazard.
2. Any room or space where sprinklers are considered undesirable because of the nature
of the contents, when approved by the code official.
3. Generator and transformer rooms, under the direct control of a public utility, separated
from the remainder of the building by walls and floor/ceiling or roof/ceiling
assemblies having a fire-resistance rating of not less than 2 hours.
4. Rooms or areas that are of noncombustible with wholly noncombustible contents.
5. Fire service access Elevator machine rooms, machinery spaces, and hoistway, other
than pits where such sprinklers would not necessitate shunt trip requirements under
any circumstances.
6. {Delete.}
**Section 903.3.1.2.3; add section to read as follows:
Ordinance 813
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[F] Section 903.3.1.2.3 Attics and Attached Garages. Sprinkler protection is required in
attic spaces of such buildings two or more stories in height, in accordance with NFPA 13 and
or NFPA 13R requirements, and attached garages.
**Section 903.3.1.3; change to read as follows:
[F] 903.3.1.3 NFPA 13D sprinkler systems. Automatic sprinkler systems installed in one-
and two-family dwellings; Group R-3; Group R-4 Condition 1 and townhouses shall be
permitted to be installed throughout in accordance with NFPA 13D or in accordance with
state law.
***Section 903.3.1.4; add to read as follows:
[F] 903.3.1.4 Freeze protection. Freeze protection systems for automatic fire sprinkler
systems shall be in accordance with the requirements of the applicable referenced NFPA
standard and this section.
903.3.1.4.1 Attics. Only dry-pipe, preaction, or listed antifreeze automatic fire
sprinkler systems shall be allowed to protect attic spaces.
Exception: Wet-pipe fire sprinkler systems shall be allowed to protect non-
ventilated attic spaces where:
1. The attic sprinklers are supplied by a separate floor control valve
assembly to allow ease of draining the attic system without impairing
sprinklers throughout the rest of the building, and
2. Adequate heat shall be provided for freeze protection as per the
applicable referenced NFPA standard, and
3. The attic space is a part of the building’s thermal, or heat, envelope,
such that insulation is provided at the roof deck, rather than at the
ceiling level.
903.3.1.4.2 Heat trace/insulation. Heat trace/insulation shall only be allowed where
approved by the fire code official for small sections of large diameter water-filled
pipe.
**Section 903.3.5; add a second paragraph to read as follows:
[F] Water supply as required for such systems shall be provided in conformance with the
supply requirements of the respective standards; however, every water-based fire protection
system shall be designed with a 10-psi safety factor. Reference Section 507.4 for additional
design requirements.
**Section 903.4; add a second paragraph after the exceptions to read as follows:
[F] Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap
to the sprinkler system and shall cause an alarm upon detection of water flow for more than
45 seconds. All control valves in the sprinkler and standpipe systems except for fire
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department hose connection valves shall be electrically supervised to initiate a supervisory
signal at the central station upon tampering.
**Section 903.4.2; add second paragraph to read as follows:
[F] The alarm device required on the exterior of the building shall be a weatherproof
horn/strobe notification appliance with a minimum 75 candela strobe rating, installed as close
as practicable to the fire department connection.
**Section 905.2; change to read as follows:
[F] 905.2 Installation standard. Standpipe systems shall be installed in accordance with this
section and NFPA 14. Manual dry standpipe systems shall be supervised with a minimum of
10 psig and a maximum of 40 psig air pressure with a high/low alarm.
***Fire protection equipment shall be identified in an approved manner. Standpipe
connection locations in parking garages shall be marked or identified as approved by the
code official.
**Section 905.3; add Section 905.3.9 and exception to read as follows:
[F] 905.3.9 Buildings exceeding 10,000 sq. ft. In buildings exceeding 10,000 square feet in
area per story and where any portion of the building’s interior area is more than 200 feet
(60960 mm) of travel, vertically and horizontally, from the nearest point of fire department
vehicle access, Class I automatic wet or manual wet standpipes shall be provided.
Exceptions:
1. Automatic dry and semi-automatic dry standpipes are allowed as provided for
in NFPA 14.
2. R-2 occupancies of four stories or less in height having no interior corridors.
***Section 905.4, change Item 1., 3., and 5. and add Item 7. to read as follows:
[F] 1. In every required exit stairway, a hose connection shall be provided for each story
above and below grade plane. Hose connections shall be located at an intermediate landing
between stories, unless otherwise approved by the fire code official.
2. {No change.}
3. In every exit passageway, at the entrance from the exit passageway to other areas of
a building.
Exception: Where floor areas adjacent to an exit passageway are reachable
from an exit stairway hose connection by a …… {No change to rest.}
4. {No change.}
5. Where the roof has a slope less than four units vertical in 12 units horizontal (33.3-
percent slope), each standpipe shall be provided with a two-way hose connection
located to serve the roof or at the highest landing of an exit stairway with stair access
to the roof provided in accordance with Section 1011.12.
6. {No change.}
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7. When required by this Chapter, standpipe connections shall be placed adjacent to all
required exits to the structure and at two hundred feet (200’) intervals along major
corridors thereafter, or as otherwise approved by the fire code official.
**Section 905.9; add a second paragraph after the exceptions to read as follows:
[F] Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap
to the sprinkler system and shall cause an alarm upon detection of water flow for more than
45 seconds. All control valves in the sprinkler and standpipe systems except for fire
department hose connection valves shall be electrically supervised to initiate a supervisory
signal at the central station upon tampering.
**Section 907.1; add Section 907.1.4 and 907.1.4.1 to read as follows:
[F] 907.1.4 Design standards. Where a new fire alarm system is installed, the devices shall
be addressable. Fire alarm systems utilizing more than 20 smoke detectors shall have analog
initiating devices.
**Section 907.2.1; change to read as follows:
[F] 907.2.1 Group A. A manual fire alarm system that activates the occupant notification
system in accordance with Section 907.5 shall be installed in Group A occupancies having an
occupant load is of 300 or more persons or more than 100 persons above or below the lowest
level of exit discharge. Group A occupancies not separated from one another in accordance
with Section 707.3. 10 of the International Building Code shall be considered as a single
occupancy for the purposes of applying this section. Portions of Group E occupancies
occupied for assembly purposes shall be provided with a fire alarm system as required for the
Group E occupancy.
Exception: {No change.}
Activation of fire alarm notification appliances shall:
1. Cause illumination of the means of egress with light of not less than 1 foot-candle (11
lux) at the walking surface level, and
2. Stop any conflicting or confusing sounds and visual distractions.
**Section 907.2.3; change to read as follows:
[F] 907.2.3 Group E. A manual fire alarm system that initiates the occupant notification
signal utilizing an emergency voice/alarm communication system meeting the requirements of
Section 907.5.2.2 and installed in accordance with Section 907.6 shall be installed in Group E
educational occupancies. When automatic sprinkler systems or smoke detectors are installed,
such systems or detectors shall be connected to the building fire alarm system. An approved
smoke detection system shall be installed in Group E day care occupancies. Unless separated
by a minimum of 100' open space, all buildings, whether portable buildings or the main
building, will be considered one building for alarm occupant load consideration and
interconnection of alarm systems.
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Exceptions:
1. {No change.}
1.1. Residential In-Home day care with not more than 12 children may
use interconnected single station detectors in all habitable rooms. (For
care of more than five children 2 1/2 or less years of age, see Section
907.2.6.)
{No change to remainder of exceptions.}
**Section 907.2.13, Exception 3; change to read as follows:
[F] 3. Open air portions of buildings with an occupancy in Group A-5 in accordance with
Section 303.1 of the International Building Code; however, this exception does not apply to
accessory uses including but not limited to sky boxes, restaurants and similarly enclosed
areas.
**Section 907.4.2; add Section 907.4.2.7 to read as follows:
[F] 907.4.2.7 Type. Manual alarm initiating devices shall be an approved double action type.
**Section 907.6.1; add Section 907.6.1.1 to read as follows:
[F] 907.6.1.1 Wiring Installation. All fire alarm systems shall be installed in such a manner
that a failure of any single initiating device or single open in an initiating circuit conductor
will not interfere with the normal operation of other such devices. All signaling line circuits
(SLC) shall be installed in such a way that a single open will not interfere with the operation
of any addressable devices (Class A). Outgoing and return SLC conductors shall be installed
in accordance with NFPA 72 requirements for Class A circuits and shall have a minimum of
four feet separation horizontal and one foot vertical between supply and return circuit
conductors. The initiating device circuit (IDC) from a signaling line circuit interface device
may be wired Class B, provided the distance from the interface device to the initiating device
is ten feet or less.
***Section 907.6.3; delete all four Exceptions.
***Section 907.6.6; – add sentence at end of paragraph to read as follows:
[F] See 907.6.3 for the required information transmitted to the supervising station.
***Section 909.22; add to read as follows:
[F] 909.22 Stairway or ramp pressurization alternative. Where the building is equipped
throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 and the
stair pressurization alternative is chosen for compliance with Building Code requirements for
a smoke proof enclosure, interior exit stairways or ramps shall be pressurized to a minimum
of 0.10 inches of water (25 Pa) and a maximum of 0.35 inches of water (87 Pa) in the shaft
relative to the building measured with all interior exit stairway and ramp doors closed under
maximum anticipated conditions of stack effect and wind effect. Such systems shall comply
with Section 909, including the installation of a separate fire-fighter’s smoke control panel as
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per Section 909.16, and a Smoke Control Permit shall be required from the Fire Department
as per Section 105.7.
[F] 909.22.1 Ventilating equipment. The activation of ventilating equipment for the stair or
ramp pressurization system shall be by smoke detectors installed at each floor level at an
approved location at the entrance to the smoke proof enclosure. When the closing device for
the stairway or ramp shaft and vestibule doors is activated by smoke detection or power
failure, mechanical equipment shall activate and operate at the required performance levels.
Smoke detectors shall be installed in accordance with Section 907.3.
[F] 909.22.1.1 Ventilation systems. Smoke proof enclosure ventilation systems shall be
independent of other building ventilation systems. The equipment, control wiring, power
wiring and ductwork shall comply with one of the following:
1. Equipment, control wiring, power wiring and ductwork shall be located exterior to the
building and directly connected to the smoke proof enclosure or connected to the
smoke proof enclosure by ductwork enclosed by not less than 2-hour fire barriers
constructed in accordance with Section 707 of the Building Code or horizontal
assemblies constructed in accordance with Section 711 of the Building Code, or both.
2. Equipment, control wiring, power wiring and ductwork shall be located within the
smoke proof enclosure with intake or exhaust directly from and to the outside or
through ductwork enclosed by not less than 2-hour barriers constructed in accordance
with Section 707 of the Building Code or horizontal assemblies constructed in
accordance with Section 711 of the Building Code, or both.
3. Equipment, control wiring, power wiring and ductwork shall be located within the
building if separated from the remainder of the building, including other mechanical
equipment, by not less than 2-hour fire barriers constructed in accordance with Section
707 of the Building Code or horizontal assemblies constructed in accordance with
Section 711 of the Building Code, or both.
Exceptions:
1. Control wiring and power wiring utilizing a 2-hour rated cable or cable system.
2. Where encased with not less than 2 inches (51 mm) of concrete.
3. Control wiring and power wiring protected by a listed electrical circuit
protective systems with a fire-resistance rating of not less than 2 hours.
[F] 909.22.1.2 Standby power. Mechanical vestibule and stairway and ramp shaft ventilation
systems and automatic fire detection systems shall be provided with standby power in
accordance with Section 2702 of the Building Code.
[F] 909.22.1.3 Acceptance and testing. Before the mechanical equipment is approved, the
system shall be tested in the presence of the fire code official to confirm that the system is
operating in compliance with these requirements.
***Section 910.2; change Exception 2. and 3.to read as follows:
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[F] 2. Only manual smoke and heat removal shall not be required in areas of buildings
equipped with early suppression fast-response (ESFR) sprinklers. Automatic smoke and heat
removal is prohibited.
3. Only manual smoke and heat removal shall not be required in areas of buildings equipped
with control mode special application sprinklers with a response time index of 50(m*S)1/2 or
less that are listed to control a fire in stored commodities with 12 or fewer sprinklers.
Automatic smoke and heat removal is prohibited.
***Section 910.2; add subsections 910.2.3 with exceptions to read as follows:
[F] 910.2.3 Group H. Buildings and portions thereof used as a Group H occupancy as
follows:
1. In occupancies classified as Group H-2 or H-3, any of which are more than 15,000
square feet (1394 m2) in single floor area.
Exception: Buildings of noncombustible construction containing only
noncombustible materials.
2. In areas of buildings in Group H used for storing Class 2, 3, and 4 liquid and solid
oxidizers, Class 1 and unclassified detonable organic peroxides, Class 3 and 4 unstable
(reactive) materials, or Class 2 or 3 water-reactive materials as required for a high-
hazard commodity classification.
Exception: Buildings of noncombustible construction containing only
noncombustible materials.
**Section 910.3; add section 910.3.4 to read as follows:
[F] 910.3.4 Vent operation. Smoke and heat vents shall be capable of being operated by
approved automatic and manual means. Automatic operation of smoke and heat vents shall
conform to the provisions of Sections 910.3.2.1 through 910.3.2.3.
[F] 910.3.4.1 Sprinklered buildings. Where installed in buildings equipped with an approved
automatic sprinkler system, smoke and heat vents shall be designed to operate automatically.
The automatic operating mechanism of the smoke and heat vents shall operate at a
temperature rating at least 100 degrees F (approximately 38 degrees Celsius) greater than the
temperature rating of the sprinklers installed.
Exception: Manual only system per 910.2
[F] 910.3.4.2 Nonsprinklered buildings. Where installed in buildings not equipped with an
approved automatic sprinkler system, smoke and heat vents shall operate automatically by
actuation of a heat-responsive device rated at between 100°F (56°C) and 220°F (122°C)
above ambient.
Exception: Listed gravity-operated drop out vents.
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**Section 910.4.3.1; change to read as follows:
[F] 910.4.3.1 Makeup air. Makeup air openings shall be provided within 6 feet (1829 mm) of
the floor level. Operation of makeup air openings shall be automatic. The minimum gross area
of makeup air inlets shall be 8 square feet per 1,000 cubic feet per minute (0.74 m2 per 0.4719
m3/s) of smoke exhaust.
**Section 910.4.4; change to read as follows:
[F] 910.4.4 Activation. The mechanical smoke removal system shall be activated
automatically by the automatic sprinkler system or by an approved fire detection system.
Individual manual controls shall also be provided.
Exception: Manual only systems per Section 910.2.
**Section 912.2; add Section 912.2.3 to read as follows:
[F] 912.2.3 Hydrant distance. An approved fire hydrant shall be located within 100 feet of
the fire department connection as the fire hose lays along an unobstructed path.
**Section 913.2.1; add second paragraph and exception to read as follows:
[F] When located on the ground level at an exterior wall, the fire pump room shall be
provided with an exterior fire department access door that is not less than 3 ft. in width and 6
ft. – 8 in. in height, regardless of any interior doors that are provided. A key box shall be
provided at this door, as required by Section 506.1.
Exception: When it is necessary to locate the fire pump room on other levels or not at
an exterior wall, the corridor leading to the fire pump room access from the exterior of
the building shall be provided with equivalent fire resistance as that required for the
pump room, or as approved by the fire code official. Access keys shall be provided in
the key box as required by Section 506.1.
**Section 1006.2.2.6 Add a new Section 1006.2.2.6 as follows:
1006.2.2.6 Electrical Rooms. For electrical rooms, special exiting requirements may apply.
Reference the electrical code as adopted.
**Section 1009.1; add the following Exception 4:
Exceptions:
{previous exceptions unchanged}
4. Buildings regulated under State Law and built in accordance with State registered plans,
including any variances or waivers granted by the State, shall be deemed to be in compliance
with the requirements of Section 1009.
**Section 1010.1.9.4 Bolt Locks; amend exceptions 3 and 4 as follows:
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Exceptions:
3. Where a pair of doors serves an occupant load of less than 50 persons in a Group B, F, M
or S occupancy. {Remainder unchanged}
4. Where a pair of doors serves a Group A, B, F, M or S occupancy {Remainder unchanged}
***Section 1015.8 Window Openings. REVISE text as follows:
1. Operable windows where the top of the sill of the opening is located more than 55 feet (16
764 mm) above the finished grade or other surface below and that are provided with window
fall prevention devices that comply with ASTM F 2006.
**Section 1020.1 Construction; add exception 6 to read as follows:
6. In group B occupancies, corridor walls and ceilings need not be of fire-resistive
construction within a single tenant space when the space is equipped with approved automatic
smoke-detection within the corridor. The actuation of any detector shall activate self-
annunciating alarms audible in all areas within the corridor. Smoke detectors shall be
connected to an approved automatic fire alarm system where such system is provided.
**Section 1029.1.1.1 Delete this section. Spaces under grandstands and bleachers;
***Section 1101.1 Scope. add exception to Section 1101.1 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.
***Section 1203.1; amend to read as follows:
***1203.1 General. Buildings shall be provided with natural ventilation in accordance with
Section 1203.4, or mechanical ventilation in accordance with the International Mechanical
Code.
Where air infiltration rate in a dwelling unit is 5 air changes or less per hour when tested with
a blower door at a pressure 0.2 inch w.c. (50 Pa) in accordance with Section 402.4.1.2 of the
International Energy Conservation Code, the dwelling unit shall be ventilated by mechanical
means in accordance with Section 403 of the International Mechanical Code.
**Table 1505.1; delete footnote c and replace footnote b with the following:
b. Non-classified roof coverings shall be permitted on buildings of U occupancies having not
more than 120 sq. ft. of protected roof area. When exceeding 120 sq. ft. of protected roof area,
buildings of U occupancies may use non-rated non-combustible roof coverings.
c. [delete]
**Section 1505.7; delete the section
**Section 1510.1; add a sentence to read as follows:
1510.1 General. Materials and methods of applications used for recovering or replacing an
existing roof covering shall comply with the requirements of Chapter 15. All individual
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replacement shingles or shakes shall be in compliance with the rating required by Table
1505.1.
{text of exception unchanged}
***Section 1704.2, Special inspections and tests is amended to read as follows:
1704.2 Special inspections and tests. Where application is made to the Building Official for
construction as specified in Section 105, the owner or the owner’s authorized agent, or the
registered design professional in responsible charge, other than the contractor, shall employ
one or more approved agencies to provide special inspections and tests during construction on
the types of work listed under Section 1705 and identify the approved agencies to the
Building Official. The special inspector shall not be employed by the contractor. These
special inspections and tests are in addition to the inspections identified by the Building
Official that are identified in Section 110.
***Section 1704.2.1, Special inspector qualifications, is amended to read as follows:
1704.2.1 Special inspector qualifications. Prior to the start of construction and or upon
request, the approved agencies shall provide written documentation to the registered design
professional in responsible charge and the building official demonstrating the competence and
relevant experience or training of the special inspectors who will perform the special
inspections and tests during construction. [Remainder unchanged]
***Section 1704.2.4, Report requirement, is amended to read as follows:
1704.2.4 Report requirement. Approved agencies shall keep records of special inspections
and tests. The approved agency shall submit reports of special inspections and tests to the
Building Official upon request, and to the registered design professional in responsible
charge. Individual inspection reports shall indicate that work inspected or tested was or was
not completed in conformance to approved construction documents. [Remainder unchanged]
***Section 1704.2.5.2, Fabricator approval, is amended to read as follows:
1704.2.5.1 Fabricator approval. Special inspections during fabrications required by Section
1704 are not required where the work is done on the premises of a fabricator registered and
approved to perform such work without special inspection. Approval shall be based upon
review of the fabricator's written procedural and quality control manuals and periodic auditing
of fabrication practices by an approved agency, or a fabricator that is enrolled in a nationally
accepted inspections program. At completion of fabrication, the acceptable or approved
fabricator shall submit a certificate of compliance to the owner or the owner’s authorized
agent or the registered design professional in responsible charge, stating that the work was
performed in accordance with the approved construction documents. The certificate of
compliance shall also be made available to the Building Official upon request.
**Section 2901.1; add a sentence to read as follows:
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[P] 2901.1 Scope. {existing text to remain} The provisions of this Chapter are meant to work
in coordination with the provisions of Chapter 4 of the International Plumbing Code. Should
any conflicts arise between the two chapters, the Building Official shall determine which
provision applies.
**Section 2902.1; add a second paragraph to read as follows:
In other than E Occupancies, the minimum number of fixtures in Table 2902.1 may be
lowered, if requested in writing, by the applicant stating reasons for a reduced number and
approved by the Building Official.
**Table 2902.1; add footnote f to read as follows:
f. Drinking fountains are not required in M Occupancies with an occupant load of 100 or less,
B Occupancies with an occupant load of 25 or less, and for dining and/or drinking
establishments.
**Section 2902.1.3; add new Section 2902.1.3 to read as follows:
2902.1.3 Additional fixtures for food preparation facilities. In addition to the fixtures
required in this Chapter, all food service facilities shall be provided with additional fixtures
set out in this section.
2902.1.3.1 Hand washing lavatory. At least one hand washing lavatory shall be provided for
use by employees that is accessible from food preparation, food dispensing and ware washing
areas. Additional hand washing lavatories may be required based on convenience of use by
employees.
2902.1.3.2 Service sink. In new or remodeled food service establishments, at least one
service sink or one floor sink shall be provided so that it is conveniently located for the
cleaning of mops or similar wet floor cleaning tool and for the disposal of mop water and
similar liquid waste. The location of the service sink(s) and/or mop sink(s) shall be approved
by the Town of Westlake Health inspection designee.
***Section 3002.1 Hoistway Enclosure Protection. add exceptions to read as follows:
Exceptions:
1. Elevators wholly located within atriums complying with Section 404 shall not require
hoistway enclosure protection.
2. Elevators in open or enclosed parking garages that serve only the parking garage, and
complying with Sections 406.5 and 406.6, respectively, shall not require hoistway enclosure
protection.
***Section 3005.4 Machine rooms, control rooms, machinery spaces and control spaces.
Elevator machine rooms, control rooms, control spaces and machinery spaces shall be
enclosed with fire barriers constructed in accordance with Section 707 or horizontal
assemblies constructed in accordance with Section 711, or both.
[Remainder unchanged]
***Section 3005.7 add a Section 3005.7 as follows:
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3005.7 Fire Protection in Machine rooms, control rooms, machinery spaces and control
spaces.
3005.7.1 Automatic sprinkler system. The building shall be equipped throughout with an
automatic sprinkler system in accordance with Section 903.3.1.1, except as otherwise
permitted by Section 903.3.1.1.1 and as prohibited by Section 3005.7.2.1.
3005.7.2.1 Prohibited locations. Automatic sprinklers shall not be installed in machine
rooms, elevator machinery spaces, control rooms, control spaces and elevator hoist-ways.
3005.7.2.2 Sprinkler system monitoring. The sprinkler system shall have a sprinkler control
valve supervisory switch and water-flow initiating device provided for each floor that is
monitored by the building’s fire alarm system.
3005.7.3 Water protection. An approved method to prevent water from infiltrating into the
hoistway enclosure from the operation of the automatic sprinkler system outside the elevator
lobby shall be provided.
3005.7.4 Shunt trip. Means for elevator shutdown in accordance with Section 3005.5 shall
not be installed.
***Section 3005.8 add Section 3005.8 as follows:
3005.8 Storage. Storage shall not be allowed within the elevator machine room, control room,
machinery spaces and or control spaces. Provide approved signage at each entry to the above
listed locations stating: "No Storage Allowed.
***Section 3006.2, Hoistway opening protection required. Revise text as follows:
5. The building is a high rise and the elevator hoistway is more than 55 feet (16 764 mm) in
height. The height of the hoistway shall be measured from the lowest floor at or above grade
to the highest floors served by the hoistway.
**Section 3109.1; change to read as follows:
3109.1 General. Swimming pools shall comply with the requirements of sections 3109.2
through 3109.5 and other applicable sections of this code and complying with applicable state
laws.
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Sec. 18-35. – Amendments to the 2015 International Residential Code.
The following sections, paragraphs, and sentences of the 2012 International Residential Code
are hereby amended as follows: Standard type is text from the IRC. Lined through type is
deleted text from IRC. 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 R102.4; change to read as follows:
R102.4 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 R102.4.1 and
R102.4.2. Whenever amendments have been adopted to the referenced codes and standards,
each reference to said code and standard shall be considered to reference the amendments as
well. Any reference made to NFPA 70 or the Electrical Code shall mean the Electrical Code
as adopted.
**Section R104.10.1 Flood Hazard areas; delete this section.
**Section R105.3.1.1& R106.1.4; delete these sections.
**Section R110 (R110.1 through R110.5); delete the section.
**Section R202; change definition of "Townhouse" to read as follows:
TOWNHOUSE. A single-family dwelling unit constructed in a group of three or more
attached units separated by property lines in which each unit extends from foundation to roof
and with a yard or public way on at least two sides.
**Table R301.2 (1); fill in as follows:
**Section R302.1; add exception #6 to read as follows:
Exceptions: {previous exceptions unchanged}
6. Open non-combustible carport structures may be constructed when also approved within
adopted ordinances.
**Section R302.3; add Exception #3 to read as follows:
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Exceptions:
1. {existing text unchanged}
2. {existing text unchanged}
3. Two-family dwelling units that are also divided by a property line through the
structure shall be separated as required for townhouses.
***Section R302.5.1; change to read as follows:
R302.5.1 Opening protection. Openings from a private garage directly into a room used for
sleeping purposes shall not be permitted. Other openings between the garage and residence
shall be equipped with solid wood doors not less than 13/8 inches (35 mm) in thickness, solid
or honeycomb core steel doors not less than 13/8 inches (35 mm) thick, or 20-minute fire-
rated doors equipped with a self-closing device.
**Section R303.3, Exception; amend to read as follows:
Exception: {existing text unchanged} Exhaust air from the space shall be exhaust out
to the outdoors unless the space contains only a water closet, a lavatory, or water
closet and a lavatory may be ventilated with an approved mechanical recirculating fan
or similar device designed to remove odors from the air.
Section R313 Automatic Fire Sprinkler Systems.
All new construction within the Town of Westlake shall have an Automatic Fire
Sprinkler System.
***Section R315.2.2 Alterations, repairs and additions. Amend to read as follows:
Exception:
2. Installation, alteration or repairs of electrical powered {remaining text unchanged}
**Section R322 Flood Resistant Construction. Deleted Section.
***Section R326 Swimming Pools, Spas and Hot Tubs. Amended to read as follows:
R326.1 General. The design and construction of pools and spas shall comply with the
International Swimming Pool and Spa Code 2015 IRC Appendix Q. Swimming Pools, Spas
and Hot Tubs.
**Section R401.2, amended by adding a new paragraph following the existing paragraph to
read as follows.
Section R401.2. Requirements. {existing text unchanged} …
Every foundation and/or footing, or any size addition to an existing post-tension foundation,
regulated by this code shall be designed and sealed by a Texas-registered engineer.
**Section R602.6.1; amend the following:
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R602.6.1 Drilling and notching of top plate. When piping or ductwork is placed in or partly
in an exterior wall or interior load-bearing wall, necessitating cutting, drilling or notching of
the top plate by more than 50 percent of its width, a galvanized metal tie not less than 0.054-
inch-thick (1.37 mm) (16 Ga) and 5 inches (127 mm) wide shall be fastened across and to the
plate at each side of the opening with not less than eight 10d (0.148-inch diameter) having a
minimum length of 1 ½ inches (38 mm) at each side or equivalent. Fasteners will be offset to
prevent splitting of the top plate material. The metal tie must extend a minimum of 6 inches
past the opening. See figure R602.6.1. {remainder unchanged}
**Figure R602.6.1; delete the figure and insert the following figure:
**Section R703.8.4.1; add a second paragraph to read as follows:
In stud framed exterior walls, all ties shall be anchored to studs as follows:
1. When studs are 16 in (407 mm) o.c., stud ties shall be spaced no further apart than
24 in (737 mm) vertically starting approximately 12 in (381 mm) from the
foundation; or
2. When studs are 24 in (610 mm) o.c., stud ties shall be spaced no further apart than
16 in (483 mm) vertically starting approximately 8 in (254 mm) from the
foundation.
**Section R902.1; Amend and add exception #3 to read as follows:
R902.1 Roofing covering materials. Roofs shall be covered with materials as set forth in
Sections R904 and R905. Class A, B, or C roofing shall be installed in areas designated by
Ordinance 813
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law as requiring their use or when the edge of the roof is less than 3 feet from a lot line.
{remainder unchanged}
Exceptions:
1. {text unchanged}
2. {text unchanged}
3. {text unchanged}
4. {text unchanged}
5. Non-classified roof coverings shall be permitted on one-story detached accessory
structures used as tool and storage sheds, playhouses and similar uses, provided the
floor area does not exceed (area defined by jurisdiction).
*** Chapter 11 [RE] – Energy Efficiency is deleted in its entirety and replaced with the
following:
N1101.1 Scope. This chapter regulates the energy efficiency for the design and construction
of buildings regulated by this code.
N1101.2 Compliance. Compliance shall be demonstrated by meeting the requirements of the
residential provisions of 2015 International Energy Conservation Code.
**Section M1305.1.3; change to read as follows:
M1305.1.3 Appliances in attics. Attics containing appliances shall be provided . . . {bulk of
paragraph unchanged} . . . sides of the appliance where access is required. The clear access
opening dimensions shall be a minimum of 20 inches by 30 inches (508 mm by 762 mm), or
larger and large enough to allow removal of the largest appliance. A walkway to an appliance
shall be rated as a floor as approved by the building official. As a minimum, for access to the
attic space, provide one of the following:
1. A permanent stair.
2. A pull-down stair with a minimum 300 lb. (136 kg) capacity.
3. An access door from an upper floor level.
Exceptions:
1. The passageway and level service space are not required where the appliance
can be serviced and removed through the required opening.
2. Where the passageway is unobstructed… {remaining text unchanged}
**Section M1411.3; change to read as follows:
M1411.3 Condensate disposal. Condensate from all cooling coils or evaporators shall be
conveyed from the drain pan outlet to an approved place of disposal a sanitary sewer through
a trap, by means of a direct or indirect drain. {remaining text unchanged}
**Section M1411.3.1, Items 3 and 4; add text to read as follows:
M1411.3.1 Auxiliary and secondary drain systems. {bulk of paragraph unchanged}
1. {text unchanged}
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2. {text unchanged}
3. An auxiliary drain pan… {bulk of text unchanged} … with Item 1 of this section. A
water level detection device may be installed only with prior approval of the building
official.
4. A water level detection device… {bulk of text unchanged} … overflow rim of such
pan. A water level detection device may be installed only with prior approval of the
building official.
**Section M1411.3.1.1; add text to read as follows:
M1411.3.1.1 Water-level monitoring devices. On down-flow units … {bulk of text
unchanged} … installed in the drain line. A water level detection device may be installed only
with prior approval of the building official.
**M1503.4 Makeup Air Required Amend and add exception as follows:
M1503.4 Makeup air required. Exhaust hood systems capable of exhausting in excess of
400 cubic feet per minute (0.19 m3/s) shall be provided with makeup air at a rate
approximately equal to the difference between the exhaust air rate and 400 cubic feet per
minute. Such makeup air systems shall be equipped with a means of closure and shall be
automatically controlled to start and operate simultaneously with the exhaust system.
Exception: Where all appliances in the house are of sealed combustion, power-vent, unvented,
or electric, the exhaust hood system shall be permitted to exhaust up to 600 cubic feet per
minute
(0.28 m3/s) without providing makeup air. Exhaust hood systems capable of exhausting in
excess of 600 cubic feet per minute (0.28 m3/s) shall be provided with a makeup air at a rate
approximately equal to the difference between the exhaust air rate and 600 cubic feet per
minute.
**Section M2005.2; change to read as follows:
M2005.2 Prohibited locations. Fuel-fired water heaters shall not be installed in a room used
as a storage closet. Water heaters located in a bedroom or bathroom shall be installed in a
sealed enclosure so that combustion air will not be taken from the living space. Access to such
enclosure may be from the bedroom or bathroom when through a solid door, weather-stripped
in accordance with the exterior door air leakage requirements of the International Energy
Conservation Code and equipped with an approved self-closing device. Installation of direct-
vent water heaters within an enclosure is not required
**Section G2408.3 (305.5); delete.
**Section G2415.2.1 (404.2.1); add a second paragraph to read as follows:
Both ends of each section of medium pressure gas piping shall identify its operating gas
pressure with an approved tag. The tags are to be composed of aluminum or stainless steel and
the following wording shall be stamped into the tag:
"WARNING: 1/2 to 5 psi gas pressure - Do Not Remove"
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**Section G2415.2.2 (404.2.2); add an exception to read as follows:
Exception: Corrugated stainless steel tubing (CSST) shall be a minimum of 1/2" (18
EDH).
**Section G2415.12 (404.12); change to read as follows:
G2415.12 (404.12) Minimum burial depth. Underground piping systems shall be installed a
minimum depth of 18 inches (457 mm) below grade.
**Section G2417.1 (406.1); change to read as follows:
G2417.1 (406.1) General. Prior to acceptance and initial operation, all piping installations
shall be inspected and pressure tested to determine that the materials, design, fabrication, and
installation practices comply with the requirements of this code. The permit holder shall make
the applicable tests prescribed in Sections 2417.1.1 through 2417.1.5 to determine compliance
with the provisions of this code. The permit holder shall give reasonable advance notice to the
building official when the piping system is ready for testing. The equipment, material, power
and labor necessary for the inspections and test shall be furnished by the permit holder and the
permit holder shall be responsible for determining that the work will withstand the test
pressure prescribed in the following tests.
**Section G2417.4; change to read as follows:
G2417.4 (406.4) Test pressure measurement. Test pressure shall be measured with a
monometer or with a pressure-measuring device designed and calibrated to read, record, or
indicate a pressure loss caused by leakage during the pressure test period. The source of
pressure shall be isolated before the pressure tests are made.
**Section G2417.4.1; change to read as follows:
G2417.4.1 (406.4.1) Test pressure. The test pressure to be used shall be no less than 3 psig
(20 kPa gauge), or at the discretion of the Code Official, the piping and valves may be tested
at a pressure of at least six (6) inches (152 mm) of mercury, measured with a manometer or
slope gauge. For tests requiring a pressure of 3 psig, diaphragm gauges shall utilize a dial with
a minimum diameter of three and one half inches (3 ½”), a set hand, 1/10 pound
incrementation and pressure range not to exceed 6 psi for tests requiring a pressure of 3 psig.
For tests requiring a pressure of 10 psig, diaphragm gauges shall utilize a dial with a
minimum diameter of three and one-half inches (3 ½”), a set hand, a minimum of 2/10 pound
incrementation and a pressure range not to exceed 20 psi. For welded piping, and for piping
carrying gas at pressures in excess of fourteen (14) inches water column pressure (3.48 kPa)
(1/2 psi) and less than 200 inches of water column pressure (52.2 kPa) (7.5 psi), the test
pressure shall not be less than ten (10) pounds per square inch (69.6 kPa). For piping carrying
gas at a pressure that exceeds 200 inches of water column (52.2 kPa) (7.5 psi), the test
pressure shall be not less than one and one-half times the proposed maximum working
pressure.
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Diaphragm gauges used for testing must display a current calibration and be in good working
condition. The appropriate test must be applied to the diaphragm gauge used for testing.
**Section G2417.4.2; change to read as follows:
G2417.4.2 (406.4.2) Test duration. The test duration shall be held for a length of time
satisfactory to the Building Official, but in no case for less than fifteen (15) minutes. For
welded piping, and for piping carrying gas at pressures in excess of fourteen (14) inches water
column pressure (3.48 kPa), the test duration shall be held for a length of time satisfactory to
the Building Official, but in no case for less than thirty (30) minutes.
**Section G2420.1 (406.1); add Section G2420.1.4 to read as follows:
G2420.1.4 Valves in CSST installations. Shutoff valves installed with corrugated stainless
steel (CSST) piping systems shall be supported with an approved termination fitting, or
equivalent support, suitable for the size of the valves, of adequate strength and quality, and
located at intervals so as to prevent or damp out excessive vibration but in no case greater
than 12-inches from the center of the valve. Supports shall be installed so as not to interfere
with the free expansion and contraction of the system's piping, fittings, and valves between
anchors. All valves and supports shall be designed and installed so they will not be
disengaged by movement of the supporting piping.
**Section G2420.5.1 (409.5.1); add text to read as follows:
G2420.5.1 (409.5.1) Located within the same room. The shutoff valve … {bulk of
paragraph unchanged} … in accordance with the appliance manufacturer’s instructions. A
secondary shutoff valve must be installed within 3 feet (914 mm) of the firebox if appliance
shutoff is located in the firebox.
**Section G2421.1 (410.1); add text and Exception to read as follows:
G2421.1 (410.1) Pressure regulators. A line pressure regulator shall be … {bulk of
paragraph unchanged} … approved for outdoor installation. Access to regulators shall comply
with the requirements for access to appliances as specified in Section M1305.
Exception: A passageway or level service space is not required when the regulator is
capable of being serviced and removed through the required attic opening.
**Section G2422.1.2.3 (411.1.3.3); delete Exception 1 and Exception 4.
**Section G2445.2 (621.2); add Exception to read as follows:
G2445.2 (621.2) Prohibited use. One or more unvented room heaters shall not be used as the
sole source of comfort heating in a dwelling unit.
Exception: Existing approved unvented room heaters may continue to be used in
dwelling units, in accordance with the code provisions in effect when installed, when
approved by the Building Official unless an unsafe condition is determined to exist as
described in International Fuel Gas Code Section 108.7 of the Fuel Gas Code.
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**Section G2448.1.1 (624.1.1); change to read as follows:
G2448.1.1 (624.1.1) Installation requirements. The requirements for water heaters relative
to access, sizing, relief valves, drain pans and scald protection shall be in accordance with this
code.
*** Section P2801.6.1; change to read as follows:
Section P2801.6.1 Pan size and drain. The pan shall be not less than 11/2 inches (38 mm) in
depth and shall be of sufficient size and shape to receive all dripping or condensate from the
tank or water heater. The pan shall be drained by an indirect waste pipe having a diameter of
not less than 3/4 inch (19 mm). Piping for safety pan drains shall be of those materials listed
in Table 605.4.
Multiple pan drains may terminate to a single discharge piping system when approved by the
administrative authority and permitted by the manufactures installation instructions and
installed with those instructions.
*** Section P2804.6.1; change to read as follows:
Section P2804.6.1 Requirements for discharge piping. The discharge piping serving a
pressure relief valve, temperature relief valve or combination thereof shall:
1. Not be directly connected to the drainage system.
2. Discharge through an air gap located in the same room as the water heater.
3. Not be smaller than the diameter of the outlet of the valve served and shall discharge
full size to the air gap.
4. Serve a single relief device and shall not connect to piping serving any other relief
device or equipment.
Exception: Multiple relief devices may be installed to a single T & P
discharge piping system when approved by the administrative authority and
permitted by the manufactures installation instructions and installed with those
instructions.
5. Discharge to the floor, to an indirect waste receptor or to the outdoors.
[remainder unchanged]
**Section P2801.7; add Exception to read as follows:
Exceptions:
1. Electric Water Heater.
**Section P2902.5.3; change to read as follows:
P2902.5.3 Lawn irrigation systems. The potable water supply to lawn irrigation systems
shall be protected against backflow by an atmospheric-type vacuum breaker, a pressure-type
vacuum breaker, a double-check assembly or a reduced pressure principle backflow preventer.
A valve shall not be installed downstream from an atmospheric vacuum breaker. Where
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chemicals are introduced into the system, the potable water supply shall be protected against
backflow by a reduced pressure principle backflow preventer.
***Section P3009.9; change to read as follows:
P3003.9. Solvent cementing. Joint surfaces shall be clean and free from moisture. A purple
primer that conforms to ASTM F 656 shall be applied. Solvent cement not purple in color and
conforming to ASTM D 2564, CSA B137.3, CSA B181.2 or CSA B182.1 shall be applied to
all joint surfaces. The joint shall be made while the cement is wet and shall be in accordance
with ASTM D 2855. Solvent cement joints shall be permitted above or below ground.
Exception: A primer is not required where both of the following conditions apply:
1. The solvent cement used is third party certified as conforming to ASTM D
2564
2. The solvent cement is used only for joining PVC drain, waste, and vent pipe
and fittings in not pressure applications in sizes up to and including 4 inches
(102mm) in diameter.
**Section P3111; delete.
**Section P3112.2; delete and replace with the following:
P3112.2 Installation. Traps for island sinks and similar equipment shall be roughed in above
the floor and may be vented by extending the vent as high as possible, but not less than the
drainboard height and then returning it downward and connecting it to the horizontal sink
drain immediately downstream from the vertical fixture drain. The return vent shall be
connected to the horizontal drain through a wye-branch fitting and shall, in addition, be
provided with a foot vent taken off the vertical fixture vent by means of a wye-branch
immediately below the floor and extending to the nearest partition and then through the roof
to the open air or may be connected to other vents at a point not less than six (6) inches (152
mm) above the flood level rim of the fixtures served. Drainage fittings shall be used on all
parts of the vent below the floor level and a minimum slope of one-quarter (1/4) inch per foot
(20.9 mm/m) back to the drain shall be maintained. The return bend used under the drain-
board shall be a one (1) piece fitting or an assembly of a forty-five (45) degree (0.79 radius), a
ninety (90) degree (1.6 radius) and a forty-five (45) degree (0.79 radius) elbow in the order
named. Pipe sizing shall be as elsewhere required in this Code. The island sink drain,
upstream of the return vent, shall serve no other fixtures. An accessible cleanout shall be
installed in the vertical portion of the foot vent.
***Appendix Q Reserved. Amended to read as follows:
Appendix Q. Swimming Pools, Spas and Hot Tubs.
SECTION AQ101 GENERAL
AQ101.1 General.
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The provisions of this appendix shall control the design and construction of swimming pools,
spas and hot tubs installed in or on the lot of a one- or two-family dwelling.
AQ101.2 Pools in flood hazard areas.
Pools that are located in flood hazard areas established by Table R301.2(1), including above-
ground pools, on-ground pools and in-ground pools that involve placement of fill, shall
comply with Section AQ101.2.1 or AQ101.2.2.
Exception: Pools located in riverine flood hazard areas which are outside of designated
floodways.
AQ101.2.1 Pools located in designated floodways.
Where pools are located in designated floodways, documentation shall be submitted to the
building official which demonstrates that the construction of the pool will not increase the
design flood elevation at any point within the jurisdiction.
AQ101.2.2 Pools located where floodways have not been designated.
Where pools are located where design flood elevations are specified but floodways have not
been designated, the applicant shall provide a floodway analysis that demonstrates that the
proposed pool will not increase the design flood elevation more than 1 foot (305 mm) at any
point within the jurisdiction.
SECTION AQ102 DEFINITIONS
AQ102.1 General.
For the purposes of these requirements, the terms used shall be defined as follows and as set
forth in Chapter 2.
ABOVE-GROUND/ON-GROUND POOL. See "Swimming pool.”
BARRIER. A fence, wall, building wall or combination thereof which completely surrounds
the swimming pool and obstructs access to the swimming pool.
HOT TUB. See "Swimming pool.”
IN-GROUND POOL. See "Swimming pool.”
RESIDENTIAL. That which is situated on the premises of a detached one- or two-family
dwelling, or a one-family townhouse not more than three stories in height.
SPA, NONPORTABLE. See "Swimming pool.”
SPA, PORTABLE. A nonpermanent structure intended for recreational bathing, in which all
controls, water-heating and water-circulating equipment are an integral part of the product.
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SWIMMING POOL. Any structure intended for swimming or recreational bathing that
contains water more than 24 inches (610 mm) deep. This includes in-ground, above-ground
and on-ground swimming pools, hot tubs and spas.
SWIMMING POOL, INDOOR. A swimming pool which is totally contained within a
structure and surrounded on all four sides by the walls of the enclosing structure.
SWIMMING POOL, OUTDOOR. Any swimming pool which is not an indoor pool.
SECTION AG103 SWIMMING POOLS
AQ103.1 In-ground pools.
In-ground pools shall be designed and constructed in compliance with ANSI/NSPI-5.
AQ103.2 Above-ground and on-ground pools.
Above-ground and on-ground pools shall be designed and constructed in compliance with
ANSI/NSPI-4.
AQ103.3 Pools in flood hazard areas.
In flood hazard areas established by Table R301.2(1), pools in coastal high-hazard areas shall
be designed and constructed in compliance with ASCE 24.
SECTION AQ104 SPAS AND HOT TUBS
AQ104.1 Permanently installed spas and hot tubs.
Permanently installed spas and hot tubs shall be designed and constructed in compliance with
ANSI/NSPI-3.
AQ104.2 Portable spas and hot tubs.
Portable spas and hot tubs shall be designed and constructed in compliance with ANSI/NSPI-
6.
SECTION AQ105 BARRIER REQUIREMENTS
AQ105.1 Application.
The provisions of this appendix shall control the design of barriers for residential swimming
pools, spas and hot tubs. These design controls are intended to provide protection against
potential drownings and near-drownings by restricting access to swimming pools, spas and
hot tubs.
AQ105.2 Outdoor swimming pool.
An outdoor swimming pool, including an in-ground, above-ground or on-ground pool, hot tub
or spa shall be surrounded by a barrier which shall comply with the following:
1. The top of the barrier shall be at least 48 inches (1219mm) above grade measured on
the side of the barrier, which faces away from the swimming pool. The maximum
vertical clearance between grade and the bottom of the barrier shall be 2 inches
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(51mm) measured on the side of the barrier, which faces away from the swimming
pool. Where the top of the pool structure is above grade, such as an above-ground
pool, the barrier may be at ground level, such as the pool structure, or mounted on top
of the pool structure. Where the barrier is mounted on top of the pool structure, the
maximum vertical clearance between the top of the pool structure and the bottom of
the barrier shall be 4 inches (102mm).
2. Openings in the barrier shall not allow passage of a 4-inch-diameter (102mm) sphere.
3. Solid barriers which do not have openings, such as a masonry or stone wall, shall not
contain indentations or protrusions except for normal construction tolerances and
tooled masonry joints.
4. Where the barrier is composed of horizontal and vertical members and the distance
between the tops of the horizontal members is less than 45 inches (1143mm), the
horizontal members shall be located on the swimming pool side of the fence. Spacing
between vertical members shall not exceed 1.75 inches (44mm) in width. Where there
are decorative cutouts within vertical members, spacing within the cutouts shall not
exceed 1.75 inches (44 mm) in width.
5. Where the barrier is composed of horizontal and vertical members and the distance
between the tops of the horizontal members is 45 inches (1143 mm) or more, spacing
between vertical members shall not exceed 4 inches (102 mm). Where there are
decorative cutouts within vertical members, spacing within the cutouts shall not
exceed 1.75 inches (44 mm) in width.
6. Maximum mesh size for chain link fences shall be a 2.25-inch (57 mm) square unless
the fence is provided with slats fastened at the top or the bottom which reduce the
openings to not more than 1.75 inches (44 mm).
7. Where the barrier is composed of diagonal members, such as a lattice fence, the
maximum opening formed by the diagonal members shall not be more than 1.75
inches (44 mm).
8. Access gates shall comply with the requirements of Section AQ105.2, Items 1 through
7, and shall be equipped to accommodate a locking device. Pedestrian access gates
shall open outward away from the pool and shall be self-closing and have a self-
latching device. Gates other than pedestrian access gates shall have a self-latching
device. Where the release mechanism of the self-latching device is located less than 54
inches (1372 mm) from the bottom of the gate, the release mechanism and openings
shall comply with the following:
8.1.1. The release mechanism shall be located on the pool side of the gate at least
3 inches (76 mm) below the top of the gate, and
8.1.2. The gate and barrier shall have not opening greater than 0.5 inch (13 mm)
within 18 inches (457 mm) of the release mechanism.
9. Where a wall of a dwelling serves a part of the barrier one of the following conditions
shall be met:
9.1.1. The pool shall be equipped with a powered safety cover in compliance with
ASTM F1346; or
9.1.2. Doors with direct access to the pool through that wall shall be equipped
with an alarm which produces an audible warning when the door and/or its
screen, if present, are opened. The alarm shall be listed and labeled in
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accordance with UL 2017. The deactivation switch (es) shall be located at
least 54 inches (1372 mm) above the threshold of the door; or
9.1.3. Other means of protection, such as self-closing doors with self-latching
devices, which are approved by the governing body, shall be acceptable as
long as the degree of protection afforded is not less than the protection
afforded by Item 9.1 or 9.2 described above.
10. Where an above-ground pool structure is used as a barrier or where the barrier is
mounted on top of the pool structure, and the means of access is a ladder or steps,
then:
10.1.1. The ladder or steps shall be capable of being secured, locked or removed to
prevent access, or
10.1.2. The ladder or steps shall be surrounded by a barrier which meets the
requirements of Section AQ105.2, Items 1 through 9. When the ladder or
steps are secured, locked or removed, any opening created shall not allow
the passage of a 4-inchdiameter (102 mm) sphere.
AQ105.3 Indoor swimming pool. Walls surrounding an indoor swimming pool shall comply
with Section AQ105.2, Item 9.
AQ105.4 Prohibited locations. Barriers shall be located so as to prohibit permanent
structures, equipment or similar objects from being used to climb them.
AQ105.5 Barrier exceptions. Spas or hot tubs with a safety cover which complies with
ASTM F 1346, as listed in Section AQ107, shall be exempt from the provisions of this
appendix
SECTION AQ106 ENTRAPMENT PROTECTION FOR SWIMMING POOL AND
SPA SUCTION OUTLETS
AQ106.1 General. Suction outlets shall be designed and installed in accordance with
ANSI/APSP-7.
SECTION AQ107 ABBREVIATIONS
AQ107.1 General.
ANSI—American National Standards Institute
11 West 42nd Street
New York, NY 10036
APSP—Association of Pool and Spa Professionals
NSPI—National Spa and Pool Institute
2111 Eisenhower Avenue
Alexandria, VA 22314
ASCE—American Society of Civil Engineers
1801 Alexander Bell Drive
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Reston, VA 98411-0700
ASTM—ASTM International
100 Barr Harbor Drive
West Conshohocken, PA 19428
UL—Underwriters Laboratories, Inc.
333 Pfingsten Road
Northbrook, IL 60062-2096
SECTION AQ108 REFERENCED STANDARDS
AQ108.1 General.
ANSI/NSP
ANSI/NSPI-3—99 Standard for Permanently
Installed Residential Spas AQ104.1
ANSI/NSPI-4—99
Standard for Above-ground/ On-
ground Residential Swimming
Pools AQ103.2
ANSI/NSPI-5—03 Standard for Residential In-
ground Swimming Pools AQ103.1
ANSI/NSPI-6—99 Standard for Residential
Portable Spas AQ104.2
ANSI/APSP
ANSI/APSP-7—06
Standard for Suction Entrapment
Avoidance in Swimming Pools,
Wading Pools, Spas, Hot Tubs
and Catch Basins AQ106.1
ASCE
ASCE/SEI-24—05 Flood-resistant Design and
Construction AQ103.3
ASTM
ASTM F 1346—91 (2003)
Performance Specification for
Safety Covers and Labeling
Requirements for All Covers for
Swimming Pools Spas and Hot
Tubs AQ105.2, AQ105.5
UL
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UL 2017—2000
Standard for General-purpose
Signaling Devices and
Systems—with revisions through
June 2004 AQ105.2
Sec. 18-36. – Amendments to the 2015 International Energy Conservation Code.
The following sections, paragraphs, and sentences of the 2015 International Energy
Conservation Code (IECC) are hereby amended as follows: Lined through type is deleted text
from IECC. 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 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 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.
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.
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).
***Section R402.3.2 Glazed fenestration SHGC; amend by adding a paragraph and table
following the exception to read as follows:
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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
Projection
Factor
SHGC Multiplier
(all Other Orientation)
SHGC Multiplier
(North Oriented)
0 - 0.10 1.00 1.00
>0.10 – 0.20 0.91 0.95
>0.20 – 0.30 0.82 0.91
>0.30 – 0.40 0.74 0.87
>0.40 – 0.50 0.67 0.84
>0.50 – 0.60 0.61 0.81
>0.60 – 0.70 0.56 0.78
>0.70 – 0.80 0.51 0.76
>0.80 – 0.90 0.47 0.75
>0.90 – 1.00 0.44 0.73
a North oriented means within 45 degrees of true north.
**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 Zones 3. {Remainder of text
unchanged}
***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.
*** 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.
***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
RateTM, 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.
***TABLE R406.4 MAXIMUM ENERGY RATING INDEX; amend to read as follows:
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TABLE R406.41
MAXIMUM ENERGY RATING INDEX
CLIMATE ZONE ENERGY RATING INDEX
3 65
1This table is effective until August 31, 2019.
TABLE R406.42
MAXIMUM ENERGY RATING INDEX
CLIMATE ZONE ENERGY RATING INDEX
3 63
2The table is effective from September 1, 2019 to August 31, 2022.
TABLE R406.43
MAXIMUM ENERGY RATING INDEX
CLIMATE ZONE ENERGY RATING INDEX
3 59
3This table is effective on or after September 1, 2022.
Sec. 18-37. – Amendments to the 2015 International Mechanical Code.
The following sections, paragraphs, and sentences of the 2015 International Mechanical Code
(IMC) are hereby amended as follows: Standard type is text from the IMC. Lined through
type is deleted text from the IMC. 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 edition of the code.
**Section 102.8; change to read as follows:
102.8 Referenced Codes and Standards. The codes and standards referenced herein shall be
those that are listed in Chapter 15 and such codes, when specifically adopted, and standards
shall be considered part of the requirements of this code to the prescribed extent of each such
reference. Where differences occur between provisions of this code and the referenced
standards, the provisions of this code shall apply. Whenever amendments have been adopted
to the referenced codes and standards, each reference to said code and standard shall be
considered to reference the adopted amendments. Any reference to NFPA 70 or the National
Electrical Code (NEC) shall mean the Electrical Code as adopted.
**Section 306.3; change to read as follows:
306.3 Appliances in Attics. Attics containing appliances shall be provided . . . {bulk of
paragraph unchanged} . . . side of the appliance. The clear access opening dimensions shall be
a minimum of 20 inches by 30 inches (508 mm by 762 mm), or larger where such dimensions
are not large enough to allow removal of the largest appliance. A walkway to an appliance
shall be rated as a floor as approved by the building official. As a minimum, for access to the
attic space, provide one of the following:
1. A permanent stair.
2. A pull-down stair with a minimum 300 lb. (136 kg) capacity.
3. An access door from an upper floor level.
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4. Access Panel may be used in lieu of items 1, 2, and 3 with prior approval of the code
official due to building conditions.
Exceptions:
1. The passageway and level service space are not required where the appliance is
capable of being serviced and removed… {remainder of section unchanged}
**Section 306.5; change to read as follows:
306.5 Equipment and Appliances on Roofs or Elevated Structures. Where equipment
requiring access or appliances are located on an elevated structure or the roof of a building
such that personnel will have to climb higher than 16 feet (4877 mm) above grade to access, a
permanent interior or exterior means of access shall be provided. Permanent exterior ladders
providing roof access need not extend closer than 12 feet (2438 mm) to the finish grade or
floor level below and shall extend to the equipment and appliances' level service space. Such
access shall . . . {bulk of section to read the same} . . . on roofs having a slope greater than 4
units vertical in 12 units horizontal (33-percent slope). ... {bulk of section to read the same}.
**Section 306.5.1; change to read as follows:
306.5.1 Sloped Roofs. Where appliances, equipment, fans or other components that require
service are installed on a roof having a slope of 3 units vertical in 12 units horizontal (25-
percent slope) or greater and having an edge more than 30 inches (762 mm) above grade at
such edge, a catwalk at least 16 inches in width with substantial cleats spaced not more than
16 inches apart shall be provided from the roof access to a level platform at the appliance. The
level platform shall be provided on each side of the appliance to which access is required for
service, repair or maintenance. The platform shall be not less than 30 inches (762 mm) in any
dimension and shall be provided with guards. The guards shall extend not less than 42 inches
(1067 mm) above the platform, shall be constructed so as to prevent the passage of a 21-inch-
diameter (533 mm) sphere and shall comply with the loading requirements for guards
specified in the International Building Code.
**Section 306; add Section 306.6 to read as follows:
306.6 Water Heaters Above Ground or Floor. When the mezzanine or platform in which a
water heater is installed is more than eight (8) feet (2438 mm) above the ground or floor level,
it shall be made accessible by a stairway or permanent ladder fastened to the building.
Exception: A maximum 10-gallon water heater (or larger with approval) is capable of
being accessed through a lay-in ceiling and the water heater installed is not more than
ten (10) feet (3048 mm) above the ground or floor level and may be reached with a
portable ladder.
**Section 307.2.3; amend item 2 to read as follows:
2. A separate overflow drain line shall be connected to the drain pan provided with the
equipment. Such overflow drain shall discharge to a conspicuous point of disposal to alert
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occupants in the event of a stoppage of the primary drain. The overflow drain line shall
connect to the drain pan at a higher level than the primary drain connection. However, the
conspicuous point shall not create a hazard such as dripping over a walking surface or other
areas so as to create a nuisance.
**Section 403.2.1; add an item 5 to read as follows:
5. Toilet rooms within private dwellings that contain only a water closet, lavatory, or
combination thereof may be ventilated with an approved mechanical recirculating fan or
similar device designed to remove
**Section 501.3; add an exception to read as follows:
501.3 Exhaust Discharge. The air removed by every mechanical exhaust system shall be
discharged outdoors at a point where it will not cause a public nuisance and not less than the
distances specified in Section 501.3.1. The air shall be discharged to a location from which it
cannot again be readily drawn in by a ventilating system. Air shall not be exhausted into an
attic, crawl space, or be directed onto walkways.
Exceptions:
1. Whole-house ventilation-type attic fans shall be permitted to discharge into the
attic space of dwelling units having private attics.
2. Commercial cooking recirculating systems.
3. Where installed in accordance with the manufacturer’s instructions and where
mechanical or natural ventilation is otherwise provided in accordance with
Chapter 4, listed and labeled domestic ductless range hoods shall not be
required to discharge to the outdoors.
4. Toilet room exhaust ducts may terminate in a warehouse or shop area when
infiltration of outside air is present.
**Section 607.5.1; change to read as follows:
607.5.1 Fire Walls. Ducts and air transfer openings permitted in fire walls in accordance with
Section 705.11 of the International Building Code shall be protected with listed fire dampers
installed in accordance with their listing. For hazardous exhaust systems see Section 510.1-
510.9 IMC.
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Sec. 18-38. – Amendments to the 2015 International Plumbing Code.
The following sections, paragraphs, and sentences of the 2015 International Plumbing Code are
hereby amended as follows: Standard type is text from the IPC. Underlined type is text inserted.
Lined through type is deleted text from the IPC. 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 edition of the code.
**Table of Contents, Chapter 7, Section 714; change to read as follows:
714 Engineered Drainage Design ………………… 69
**Section 102.8; change to read as follows:
102.8 Referenced codes and standards. The codes and standards referenced in this code
shall be those that are listed in Chapter 15 and such codes, when specifically adopted, and
standards shall be considered as part of the requirements of this code to the prescribed extent
of each such reference. Where the differences occur between provisions of this code and the
referenced standards, the provisions of this code shall be the minimum requirements.
Whenever amendments have been adopted to the referenced codes and standards, each
reference to said code and standard shall be considered to reference the adopted amendments.
Any reference to NFPA 70 or the National Electrical Code (NEC) shall mean the Electrical
Code as adopted.
**Sections 106.6.2 and 106.6.3; change to read as follows:
106.6.2 Fee schedule. The fees for all plumbing work shall be as adopted by resolution of the
governing body of the jurisdiction.
106.6.3 Fee Refunds. The code official shall establish a policy for authorizing the refunding
of fees. {Delete balance of section}
**Section 109; delete entire section and insert the following:
SECTION 109
MEANS OF APPEAL
109.1 Application for appeal. Any person shall have the right to appeal a decision of the
code official to the board of appeals established by ordinance. The board shall be governed by
the enabling ordinance.
**Section 305.4.1; change to read as follows:
305.4.1 Sewer depth. Building sewers shall be a minimum of 12 inches (304 mm) below
grade.
**Section 305.7; change to read as follows:
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305.7 Protection of components of plumbing system. Components of a plumbing system
installed within 3 feet along alleyways, driveways, parking garages or other locations in a
manner in which they could be exposed to damage shall be recessed into the wall or otherwise
protected in an approved manner.
**Section 314.2.1; change to read as follows:
314.2.1 Condensate disposal. Condensate from all cooling coils and evaporators shall be
conveyed from the drain pan outlet to an approved place of disposal. ... {text unchanged} ...
Condensate shall not discharge into a street, alley, sidewalk, rooftop, or other areas so as to
cause a nuisance.
**Section 409.2; change to read as follows:
409.2 Water connection. The water supply to a commercial dishwashing machine shall be
protected against backflow by an air gap or backflow preventer in accordance with Section
608. (Remainder of section unchanged)
**Section 412.4; change to read as follows:
412.4 Required location for floor drains. Floor drains shall be installed in the following
areas.
1. In public coin-operated laundries and in the central washing facilities of multiple family
dwellings, the rooms containing automatic clothes washers shall be provided with
floor drains located to readily drain the entire floor area. Such drains shall have a
minimum outlet of not less than 3 inches (76 mm) in diameter.
2. Commercial kitchens. In lieu of floor drains in commercial kitchens, the code official
may accept floor sinks.
3. Public restrooms.
**Section 419.3; change to read as follows:
419.3 Surrounding material. Wall and floor space to a point 2 feet (610 mm) in front of a
urinal lip and 4 feet (1219 mm) above the floor and at least 2 feet (610 mm) to each side of
the urinal shall be waterproofed with a smooth, readily cleanable, hard, nonabsorbent
material.
***Section 502.3; change to read as follows:
502.3 Appliances in attics. Attics containing a water heater shall be provided . . . {bulk of
paragraph unchanged} . . . side of the water heater. The clear access opening dimensions shall
be a minimum of 20 inches by 30 inches (508 mm by 762 mm), or larger where such
dimensions be not less than 20 inches by 30 inches (508mm by 762mm) where such
dimensions are large enough to allow removal of the water heater. A walkway to an appliance
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shall be rated as a floor as approved by the building official. As a minimum, for access to the
attic space, provide one of the following:
1. A permanent stair.
2. A pull down stair with a minimum 300 lb. (136 kg) capacity.
3. An access door from an upper floor level.
4. Access Panel may be used in lieu of items 1, 2, and 3 with prior approval of the
code official due to building conditions.
Exceptions:
1. The passageway and level service space are not required where the
appliance is capable of being serviced and removed… {remainder of section
unchanged}
**Section 502.6; add Section 502.6 to read as follows:
502.6 Water heaters above ground or floor. When the attic, roof, mezzanine or platform in
which a water heater is installed is more than eight (8) feet (2438 mm) above the ground or
floor level, it shall be made accessible by a stairway or permanent ladder fastened to the
building.
Exception: A max 10-gallon water heater (or larger with approval) is capable of being
accessed through a lay-in ceiling and a water heater is installed is not more than ten
(10) feet (3048 mm) above the ground or floor level and may be reached with a
portable ladder.
**Section 504.6; change to read as follows:
504.6 Requirements for discharge piping. The discharge piping serving a pressure relief
valve, temperature relief valve or combination thereof shall:
1. Not be directly connected to the drainage system.
2. Discharge through an air gap.
3. Not be smaller than the diameter of the outlet of the valve served and shall discharge
full size to the air gap.
4. Serve a single relief device and shall not connect to piping serving any other relief
device or equipment.
Exception: Multiple relief devices may be installed to a single T & P discharge
piping system when approved by the administrative authority and permitted by the
manufactures installation instructions and installed with those instructions.
5. Discharge, to an indirect waste receptor or to the outdoors.
6. Discharge in a manner that does not cause personal injury or structural damage.
7. Discharge to a termination point that is readily observable by the building occupants.
8. Not be trapped.
9. Be installed so as to flow by gravity.
10. Terminate not more than 6 inches above and not less than two times the discharge pipe
diameter above the floor or flood level rim of the waste receptor.
11. Not have a threaded connection at the end of such piping.
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12. Not have valves or tee fittings.
13. Be constructed of those materials listed in Section 605.4 or materials tested, rated and
approved for such use in accordance with ASME A112.4.1.
***Section 504.7.1; change to read as follows:
Section 504.7.1 Pan size and drain to read as follows: The pan shall be not less than 11/2
inches (38 mm) in depth and shall be of sufficient size and shape to receive all dripping or
condensate from the tank or water heater. The pan shall be drained by an indirect waste pipe
having a diameter of not less than 3/4 inch (19 mm). Piping for safety pan drains shall be of
those materials listed in Table 605.4. Multiple pan drains may terminate to a single discharge
piping system when approved by the administrative authority and permitted by the
manufactures installation instructions and installed with those instructions.
**Section 604.4; add Section 604.4.1 to read as follows:
604.4.1 State maximum flow rate. Where the State mandated maximum flow rate is more
restrictive than those of this section, the State flow rate shall take precedence.
**Section 606.1; delete items #4 and #5.
**Section 606.2; change to read as follows:
606.2 Location of shutoff valves. Shutoff valves shall be installed in the following locations:
1. On the fixture supply to each plumbing fixture other than bathtubs and showers in
one- and two-family residential occupancies, and other than in individual sleeping
units that are provided with unit shutoff valves in hotels, motels, boarding houses and
similar occupancies.
2. On the water supply pipe to each sillcock.
3. On the water supply pipe to each appliance or mechanical equipment.
**Section 608.1; change to read as follows:
608.1 General. A potable water supply system shall be designed, installed and maintained in
such a manner so as to prevent contamination from non-potable liquids, solids or gases being
introduced into the potable water supply through cross-connections or any other piping
connections to the system. Backflow preventer applications shall conform to applicable local
regulations, Table 608.1, and as specifically stated in Sections 608.2 through 608.16.10.
**Section 608.16.5; change to read as follows:
608.16.5 Connections to lawn irrigation systems.
The potable water supply to lawn irrigation systems shall be protected against backflow by an
atmospheric-type vacuum breaker, a pressure-type vacuum breaker, a double-check assembly
or a reduced pressure principle backflow preventer. A valve shall not be installed downstream
from an atmospheric vacuum breaker. Where chemicals are introduced into the system, the
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potable water supply shall be protected against backflow by a reduced pressure principle
backflow preventer.
**Section 608.17; change to read as follows:
608.17 Protection of individual water supplies. An individual water supply shall be located
and constructed so as to be safeguarded against contamination in accordance with applicable
local regulations. Installation shall be in accordance with Sections 608.17.1 through 608.17.8.
**Section 610.1; add exception to read as follows:
610.1 General. New or repaired potable water systems shall be purged of deleterious matter
and disinfected prior to utilization. The method to be followed shall be that prescribed by the
health authority or water purveyor having jurisdiction or, in the absence of a prescribed
method, the procedure described in either AWWA C651 or AWWA C652, or as described in
this section. This requirement shall apply to “on-site” or “in-plant” fabrication of a system or
to a modular portion of a system.
1. The pipe system shall be flushed with clean, potable water until dirty water does not
appear at the points of outlet.
2. The system or part thereof shall be filled with a water/chlorine solution containing at
least 50 parts per million (50 mg/L) of chlorine, and the system or part thereof shall be
valved off and allowed to stand for 24 hours; or the system or part thereof shall be
filled with a water/chlorine solution containing at least 200 parts per million (200
mg/L) of chlorine and allowed to stand for 3 hours.
3. Following the required standing time, the system shall be flushed with clean potable
water until the chlorine is purged from the system.
4. The procedure shall be repeated where shown by a bacteriological examination that
contamination remains present in the system.
Exception: With prior approval, the Code Official may wave this requirement
when deemed un-necessary.
Section 703.6; Delete
***Section 704.5; added to read as follows:
704.5 Single stack fittings. Single stack fittings with internal baffle, PVC schedule 40 or cast
iron single stack shall be designed by a registered engineer and comply to a national
recognized standard.
***Section 705.11.2; change to read as follows:
705.11.2 Solvent cementing. Joint surfaces shall be clean and free from moisture. A purple
primer that conforms to ASTM F 656 shall be applied. Solvent cement not purple in color and
conforming to ASTM D 2564, CSA B137.3, CSA B181.2 or CSA B182.1 shall be applied to
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all joint surfaces. The joint shall be made while the cement is wet and shall be in accordance
with ASTM D 2855. Solvent cement joints shall be permitted above or below ground.
Exception: A primer is not required where both of the following conditions apply:
1. The solvent cement used is third party certified as conforming to ASTM D
2564
2. The solvent cement is used only for joining PVC drain, waste, and vent
pipe and fittings in not pressure applications in sizes up to and including 4
inches (102mm) in diameter.
**Section 712.5; add Section 712.5 to read as follows:
712.5 Dual Pump System. All sumps shall be automatically discharged and, when in any
“public use” occupancy where the sump serves more than 10 fixture units, shall be provided
with dual pumps or ejectors arranged to function independently in case of overload or
mechanical failure. For storm drainage sumps and pumping systems, see Section 1113.
(Reason: To address dual pump system. To provide reference for storm drainage systems.)
**Section 714, 714.1; change to read as follows:
SECTION 714
ENGINEERED DRAINAGE DESIGN
714.1 Design of drainage system. The sizing, design and layout of the drainage system shall
be designed by a registered engineer using approved design methods.
***Section 804.2; added to read as follows:
804.2 Special waste pipe, fittings, and components. Pipes, fittings, and components receiving
or intended to receive the discharge of any fixture into which acid or corrosive chemicals are
placed shall be constructed of CPVC, high silicone iron, PP, PVDF, chemical resistant glass,
or glazed ceramic materials.
**Section 903.1; change to read as follows:
903.1 Roof extension. Open vent pipes that extend through a roof shall terminate not less
than six (6) inches (152 mm) above the roof. Where a roof is to be used for assembly or as a
promenade, observation deck, sunbathing deck or similar purposes, open vent pipes shall
terminate not less than 7 feet (2134 mm) above the roof.
**Section 917 Single stack vent system. Delete entire section.
**Section 1002.10; delete.
**Section 1003; see note below:)
{Until the Health and Water Departments of the area can coordinate a uniform grease
interceptor section, each city will have to modify this section individually.}
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**Section 1101.8; change to read as follows:
1101.8 Cleanouts required. Cleanouts or manholes shall be installed in the storm drainage
system and shall comply with the provisions of this code for sanitary drainage pipe cleanouts.
Exception: Subsurface drainage system
**Section 1106.1; change to read as follows:
1106.1 General. The size of the vertical conductors and leaders, building storm drains,
building storm sewers, and any horizontal branches of such drains or sewers shall be based on
six (6) inches per hour the rainfall rate.
**Section 1108.3; change to read as follows:
1108.3 Sizing of secondary drains. Secondary (emergency) roof drain systems shall be sized
in accordance with Section 1106. Scuppers shall be sized to prevent the depth of ponding
water from exceeding that for which the roof was designed as determined by Section 1101.7.
Scuppers shall not have an opening dimension of less than 4 inches (102 mm). The flow
through the primary system shall not be considered when sizing the secondary roof drain
system.
**Section 1109; delete this section…
**Section 1202.1; delete Exception 2.
Sec. 18-39. – Amendments to the 2014 National Electrical Code.
The following articles, paragraphs, and sentences of the 2014 National Electrical Code (NEC)
are hereby amended as follows: Standard type is text from the NEC. Lined through type is
deleted text from NEC. A double asterisk (**) at the beginning of an article identifies an
amendment carried over from the 2011 edition of the code and a triple asterisk (***) identifies
a new or revised amendment with the 2014 code.
***Article 100; add the following to definitions:
Engineering Supervision. Supervision by a Qualified State of Texas Licensed Professional
Engineer engaged primarily in the design or maintenance of electrical installations.
***Article 100; amend the following definition:
Intersystem Bonding Termination. A device that provides a means for connecting
intersystem bonding conductors for communication systems and other systems to the
grounding electrode system. Bonding conductors for other systems shall not be larger than 6
AWG.
***Article 110.2; change the following to read as follows:
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110.2 Approval. The conductors and equipment required or permitted by this Code shall be
acceptable only if approved. Approval of equipment may be evident by listing and labeling of
equipment by a Nationally Recognized Testing Lab (NRTL) with a certification mark of that
laboratory or a qualified third party inspection agency approved by the AHJ.
Exception: Unlisted equipment that is relocated to another location within a jurisdiction or is
field modified is subject to the approval by the AHJ. This approval may be by a field
evaluation by a NRTL or qualified third party inspection agency approved by the AHJ.
Manufactures self-certification of any equipment shall not be used as a basis for approval by
the AHJ.
Informational Note No. 1: See 90.7, Examination of Equipment for Safety, and 110.3,
Examination, Identification, Installation, and Use of Equipment. See definitions of Approved,
Identified, Labeled, and Listed.
Informational Note No. 2: Manufacturer’s self-certification of equipment may not necessarily
comply with US product safety standards as certified by a Nationally Recognized Testing
Lab.
Informational Note No. 3: NFPA 790 and 791 provide an example of an approved method for
qualifying a third-party inspection agency.
***Article 210.52(G) (1) Garages: delete the following
(1) Garages. In each attached garage and in each detached garage with electric power. The
branch circuit supplying this receptacle(s) shall not supply outlets outside of the garage. At
least one receptacle outlet shall be installed for each car space.
**Article 230.71(A); add the following exception:
Exception: Multi-occupant buildings. Individual service disconnecting means is
limited to six for each occupant. The number of individual disconnects at one location
may exceed six.
***Article 240.91; delete the Article.
**Article 300.11; add the following exception:
Exception: Ceiling grid support wires may be used for structural supports when the
associated wiring is located in that area, not more than two raceways or cables
supported per wire, with a maximum nominal metric designation 16 (trade size 1/2”).
**Article 310.15(B) (7); change to read as follows:
(7) This Article shall not be used in conjunction with 220.82.
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***Article 500.8 (A) (3) changed to read as follows:
500.8 Equipment.
Articles 500 through 504 require equipment construction and installation that ensure safe
performance under conditions of proper use and maintenance.
Informational Note No. 1: It is important that inspection authorities and users exercise more
than ordinary care with regard to installation and maintenance.
Informational Note No. 2: Since there is no consistent relationship between explosion
properties and ignition temperature, the two are independent requirements.
Informational Note No. 3: Low ambient conditions require special consideration. Explosion
proof or dust-ignition proof equipment may not be suitable for use at temperatures lower than
-25°C (-13°F) unless they are identified for low-temperature service. However, at low
ambient temperatures, flammable concentrations of vapors may not exist in a location
classified as Class I, Division 1 at normal ambient temperature.
(A) Suitability. Suitability of identified equipment shall be determined by one of the
following:
(1) Equipment listing or labeling
(2) Evidence of equipment evaluation from a qualified testing laboratory or inspection
agency concerned with product evaluation
(3) Evidence acceptable to the authority having jurisdiction such as a manufacturer's self-
evaluation or an engineering judgment signed and sealed by a qualified licensed
Professional Engineer in the State of Texas.
Informational Note: Additional documentation for equipment may include certificates
demonstrating compliance with applicable equipment standards, indicating special conditions
of use, and other pertinent information.
***Article 505.7 (A) changed to read as follows:
505.7 Special Precaution.
Article 505 requires equipment construction and installation that ensures safe performance
under conditions of proper use and maintenance.
Informational Note No. 1: It is important that inspection authorities and users exercise more
than ordinary care with regard to the installation and maintenance of electrical equipment in
hazardous (classified) locations.
Informational Note No. 2: Low ambient conditions require special consideration. Electrical
equipment depending on the protection techniques described by 505.8(A) may not be suitable
for use at temperatures lower than -20°C (-4°F) unless they are identified for use at lower
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temperatures. However, at low ambient temperatures, flammable concentrations of vapors
may not exist in a location classified Class I, Zones 0, 1, or 2 at normal ambient temperature.
(A) Implementation of Zone Classification System. Classification of areas, engineering and
design, selection of equipment and wiring methods, installation, and inspection shall be
performed by a qualified licensed Professional Engineer in the State of Texas.
***Article 517.30 Essential Electrical Systems for Hospitals; create a new (H) and add the
following language:
(G) Coordination. Overcurrent protective devices serving the equipment branch of the
essential electrical system shall be coordinated for the period of time that a fault’s duration
extends beyond 0.1 second.
Exception No. 1: Between transformer primary and secondary overcurrent protective devices,
where only one overcurrent protective device or set of overcurrent protective devices exists on
the transformer secondary.
Exception No. 2: Between overcurrent protective devices of the same size (ampere rating) in
series.
Informational Note: The terms coordination and coordinated as used in this section do not
cover the full range of overcurrent conditions.
(H) Selective Coordination. Overcurrent protective devices serving the life safety, and
critical branches of the essential electrical system shall be selectively coordinated with all
supply-side overcurrent protective devices.
Exception No. 1: Between transformer primary and secondary overcurrent protective devices,
where only one overcurrent protective device or set of overcurrent protective
devices exist on the transformer secondary.
Exception No. 2: Between overcurrent protective devices of the same size (ampere rating) in
series.
Informational Note: The terms coordination and coordinated as used in this section do not
cover the full range of overcurrent conditions.
***Article 680.25(A) changed to read as follows:
680.25 Feeders.
These provisions shall apply to any feeder on the supply side of panelboards supplying branch
circuits for pool equipment covered in Part II of this article and on the load side of the service
equipment or the source of a separately derived system.
(A) Wiring Methods.
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(1) Feeders. Feeders shall be installed in rigid metal conduit, intermediate metal conduit. The
following wiring methods shall be permitted if not subject to physical damage:
(1) Liquid tight flexible nonmetallic conduit
(2) Rigid polyvinyl chloride conduit
(3) Reinforced thermosetting resin conduit
(4) Electrical metallic tubing where installed on or in a building
(5) Electrical nonmetallic tubing where installed within a building
(6) Type MC Cable where installed within a building and if not subject to corrosive
environment
(7) Nonmetallic-sheathed cable
(8) Type SE cable
Sec. 18-40. – Amendments to the 2015 International Fuel Gas Code.
The following sections, paragraphs, and sentences of the 2015 International Fuel Gas Code are
hereby amended as follows: Standard type is text from the IFGC. Lined through type is deleted
text from IFGC. 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 101.2
{Local amendments to Section 101.2 may be necessary to correspond with the State
Plumbing Licensing Law.}
**Section 102.2; add an exception to read as follows:
Exception: Existing dwelling units shall comply with Section 621.2.
**Section 102.8; change to read as follows:
102.8 Referenced codes and standards. The codes and standards referenced in this code
shall be those that are listed in Chapter 8 and such codes, when specifically adopted, and
standards shall be considered part of the requirements of this code to the prescribed extent of
each such reference. Where differences occur between provisions of this code and the
referenced standards, the provisions of this code shall apply. Whenever amendments have
been adopted to the referenced codes and standards, each reference to said code and standard
shall be considered to reference the amendments as well.
**Section 306.3; change to read as follows:
[M] 306.3 Appliances in attics. Attics containing appliances shall be provided . . . {bulk of
paragraph unchanged} . . . side of the appliance. The clear access opening dimensions shall
be a minimum of 20 inches by 30 inches (508 mm by 762 mm), or larger where such
dimensions are not large enough to allow removal of the largest appliance. A walkway to an
appliance shall be rated as a floor as approved by the building official. As a minimum, for
access to the attic space, provide one of the following:
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1. A permanent stair.
2. A pull-down stair with a minimum 300 lb. (136 kg) capacity.
3. An access door from an upper floor level.
4. Access Panel may be used in lieu of items 1, 2, and 3 with prior approval of the code
official due to building conditions.
Exceptions:
1. The passageway and level service space are not required where the appliance
is capable of being serviced and removed through the required opening.
2. Where the passageway is not less than … {bulk of section to read the same}.
**Section 306.5; change to read as follows:
[M] 306.5 Equipment and appliances on roofs or elevated structures. Where equipment
requiring access or appliances are located on an elevated structure or the roof of a building
such that personnel will have to climb higher than 16 feet (4877 mm) above grade to access, a
permanent interior or exterior means of access shall be provided. Permanent exterior ladders
providing roof access need not extend closer than 12 feet (2438 mm) to the finish grade or
floor level below and shall extend to the equipment and appliances' level service space. Such
access shall . . . {bulk of section to read the same} . . . on roofs having a slope greater than 4
units vertical in 12 units horizontal (33-percent slope). ... {bulk of section to read the same}.
**Section 306.5.1; change to read as follows:
[M] 306.5.1 Sloped roofs. Where appliances, equipment, fans or other components that
require service are installed on a roof having a slope of 3 units vertical in 12 units horizontal
(25-percent slope) or greater and having an edge more than 30 inches (762 mm) above grade
at such edge, a catwalk at least 16 inches in width with substantial cleats spaced not more than
16 inches apart shall be provided from the roof access to a level platform at the appliance. The
level platform shall be provided on each side of the appliance to which access is required for
service, repair or maintenance. The platform shall be not less than 30 inches (762 mm) in any
dimension and shall be provided with guards. The guards shall extend not less than 42 inches
(1067 mm) above the platform, shall be constructed so as to prevent the passage of a 21-inch-
diameter (533 mm) sphere and shall comply with the loading requirements for guards
specified in the International Building Code.
**Section 306; add Section 306.7 with exception and subsection 306.7.1 to read as follows:
306.7 Water heaters above ground or floor. When the attic, roof, mezzanine or platform in
which a water heater is installed is more than eight (8) feet (2438 mm) above the ground or
floor level, it shall be made accessible by a stairway or permanent ladder fastened to the
building.
**Section 401.5; add a second paragraph to read as follows:
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Both ends of each section of medium pressure gas piping shall identify its operating gas
pressure with an approved tag. The tags are to be composed of aluminum or stainless steel and
the following wording shall be stamped into the tag:
"WARNING
1/2 to 5 psi gas pressure
Do Not Remove"
**Section 402.3; add an exception to read as follows:
Exception: Corrugated stainless steel tubing (CSST) shall be a minimum of 1/2" (18
EHD).
**Section 404.12; change to read as follows:
404.12 Minimum burial depth. Underground piping systems shall be installed a minimum
depth of 18 inches (458 mm) top of pipe below grade.
**Section 406.1; change to read as follows:
406.1 General. Prior to acceptance and initial operation, all piping installations shall be
inspected and pressure tested to determine that the materials, design, fabrication, and
installation practices comply with the requirements of this code. The permit holder shall make
the applicable tests prescribed in Sections 406.1.1 through 406.1.5 to determine compliance
with the provisions of this code. The permit holder shall give reasonable advance notice to the
code official when the piping system is ready for testing. The equipment, material, power and
labor necessary for the inspections and test shall be furnished by the permit holder and the
permit holder shall be responsible for determining that the work will withstand the test
pressure prescribed in the following tests.
**Section 406.4; change to read as follows:
406.4 Test pressure measurement. Test pressure shall be measured with a monometer or
with a pressure-measuring device designed and calibrated to read, record, or indicate a
pressure loss caused by leakage during the pressure test period. The source of pressure shall
be isolated before the pressure tests are made.
**Section 406.4.1; change to read as follows:
406.4.1 Test pressure. The test pressure to be used shall be no less than 3 psig (20 kPa
gauge), or at the discretion of the Code Official, the piping and valves may be tested at a
pressure of at least six (6) inches (152 mm) of mercury, measured with a manometer or slope
gauge. For tests requiring a pressure of 3 psig, diaphragm gauges shall utilize a dial with a
minimum diameter of three and one half inches (3 ½”), a set hand, 1/10 pound incrementation
and pressure range not to exceed 6 psi for tests requiring a pressure of 3 psig. For tests
requiring a pressure of 10 psig, diaphragm gauges shall utilize a dial with a minimum
diameter of three and one-half inches (3 ½”), a set hand, a minimum of 2/10 pound
incrementation and a pressure range not to exceed 20 psi. For welded piping, and for piping
carrying gas at pressures in excess of fourteen (14) inches water column pressure (3.48 kPa)
Ordinance 813
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(1/2 psi) and less than 200 inches of water column pressure (52.2 kPa) (7.5 psi), the test
pressure shall not be less than ten (10) pounds per square inch (69.6 kPa). For piping carrying
gas at a pressure that exceeds 200 inches of water column (52.2 kPa) (7.5 psi), the test
pressure shall be not less than one and one-half times the proposed maximum working
pressure.
Diaphragm gauges used for testing must display a current calibration and be in good working
condition. The appropriate test must be applied to the diaphragm gauge used for testing.
**Section 406.4.2; change to read as follows:
406.4.2 Test duration. Test duration shall be held for a length of time satisfactory to the
Code Official, but in no case for less than fifteen (15) minutes. For welded piping, and for
piping carrying gas at pressures in excess of fourteen (14) inches water column pressure (3.48
kPa), the test duration shall be held for a length of time satisfactory to the Code Official, but
in no case for less than thirty (30) minutes. (Delete remainder of section.)
**Section 409.1; add Section 409.1.4 to read as follows:
409.1.4 Valves in CSST installations. Shutoff valves installed with corrugated stainless steel
(CSST) piping systems shall be supported with an approved termination fitting, or equivalent
support, suitable for the size of the valves, of adequate strength and quality, and located at
intervals so as to prevent or damp out excessive vibration but in no case greater than 12-
inches from the center of the valve. Supports shall be installed so as not to interfere with the
free expansion and contraction of the system's piping, fittings, and valves between anchors.
All valves and supports shall be designed and installed so they will not be disengaged by
movement of the supporting piping.
**Section 410.1; add a second paragraph and exception to read as follows:
Access to regulators shall comply with the requirements for access to appliances as specified
in Section 306.
Exception: A passageway or level service space is not required when the regulator is
capable of being serviced and removed through the required attic opening.
**Section 621.2; add exception as follows:
621.2 Prohibited use. One or more unvented room heaters shall not be used as the sole
source of comfort heating in a dwelling unit.
Exception: Existing approved unvented heaters may continue to be used in dwelling
units, in accordance with the code provisions in effect when installed, when approved by
the Code Official unless an unsafe condition is determined to exist as described in Section
108.7.
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SECTION 4: That all provisions of Ordinance 711 not hereby amended shall remain
in full force and effect.
SECTION 5: That this Ordinance shall be cumulative of all other Town Ordinances
and all other provisions of other Ordinances adopted by the Town which are inconsistent with
the terms or provisions of this Ordinance are hereby repealed.
SECTION 6: That any person, firm or corporation violating any of the provisions or
terms of this ordinance shall be subject to the same penalty as provided for in the Code of
Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to
exceed the sum of Two Thousand Dollars ($2,000.00) for each separate offense. Each day that
a violation is permitted to exist shall constitute a separate offense.
SECTION 7: It is hereby declared to be the intention of the Town Council of the Town
of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are
severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be
declared legally invalid or unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same
would have been enacted by the Town Council of the Town of Westlake without the
incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence,
paragraph or section.
SECTION 8: This ordinance shall take effect immediately from and after its passage
as the law in such case provides.
PASSED AND APPROVED ON THIS 23rd DAY OF JANUARY 2017.
_____________________________
ATTEST: Laura Wheat, Mayor
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
estlake Town Council
TYPE OF ACTION
Regular Meeting - Consent
Westlake Town Council Meeting
Monday, January 23, 2017
TOPIC: Consider approval of Ordinance adopting 2015 International Fire Code.
STAFF CONTACT: John Ard, Fire Marshal
Strategic Alignment
Vision, Value, Mission Perspective Strategic Theme & Results Outcome
Objective
Planned / Responsible
Development
Municipal &
Academic Operations
High Quality Planning, Design &
Development - We are a desirable
well planned, high-quality
community that is distinguished by
exemplary design standards.
Optimize Planning &
Development
Capabilities
Strategic Initiative
Comprehensive Plan Project Review
Time Line - Start Date: January 23, 2017 Completion Date: January 23, 2017
Funding Amount: $N/A Status - Not Funded Source - N/A
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
The Town is currently under the provisions of the 2012 International Fire Code
(IFC) and applicable amendments. It is considered best practice to maintain current code
adoption to provide the highest standard to preserve and protect life and property. The 2015 IFC
is the most recent published edition available.
RECOMMENDATION
Staff recommends adoption 2015 International Fire Code and regionally accepted amendments.
ATTACHMENTS
Ordinance: International Fire Code (IFC) amendments.
Ordinance 814
Page 1 of 41
ORDINANCE NO. 814
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING CHAPTER
38, SECTIONS 38.31 – 38.34 OF THE TOWN OF WESTLAKE CODE OF
ORDINANCES. ADOPTING THE 2015 EDITION OF THE INTERNATIONAL FIRE
CODE, WITH AMENDMENTS TO SAID CODE; PROVIDING A PENALTY CLAUSE;
PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas is a general law Town acting under its charter
adopted by the electorate pursuant to the Texas Constitution, and the Local Government Code;
and
WHEREAS the Town Council of the Town of Westlake, Texas, finds it to be in the best
interest of the citizens, businesses and property owners in the Town of Westlake, to adopt the
2015 edition of the International Fire Code to provide for the safety of the citizens and visitors of
Westlake; and
WHEREAS, the Town Council of the Town of Westlake, Texas, deems it necessary to
amend certain sections of the Code of Ordinances relative to the administration of these codes
and the collection of fees for permitting, plan review, and inspection services; and
WHEREAS, upon the recommendation of the Westlake Fire Chief, the Town Council of
the Town of Westlake, Texas, is of the opinion it is in the best interests of the town and its
citizens that certain amendments to the International Fire Code that address concerns unique to
the development within the Town of Westlake, be approved and adopted along with the adoption
of the proposed code.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That all matters stated in the Recitals are found to be true and correct and
are incorporated herein as if copied in their entirety.
SECTION 2: That the following sections of Chapter 38 of the Code of Ordinances, are
hereby amended, to read as follows:
Chapter 38 FIRE PREVENTION AND PROTECTION
ARTICLE I. IN GENERAL
ARTICLE II. CODES
Sec. 38-31. Adoption of fire code.
Ordinance 814
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The town adopts the entirety of the 2015 Edition of the International Fire Code, including
Appendix Chapters A, B, C, D, E, F, G, H, I, K, L AND M published by the International Code
Council, Inc., save and except such portions as are deleted or amended by this ordinance, and the
same are hereby adopted and incorporated as fully as if set out at length herein.
Sec. 38-32. – Permit required.
No person shall perform any work or supply any materials falling within the jurisdiction of
one of the respective codes adopted under [this article] without first having secured a permit in
accordance with applicable code.
Sec. 38-33. - Penalty.
That any person, either by himself or agent, and any firm, corporation or other entity who
violates any of the provisions of the codes adopted in section 38-31 shall be deemed guilty of a
misdemeanor and, upon conviction of any such violation, shall be punished as provided in
section 1-9. In any case of a violation of any of the terms and provisions of the codes adopted by
the ordinance, by any corporation, the officers and agents actively in charge of the business of
such corporation shall be subject to the penalty provided in this section.
Sec. 38-34. –Amendments to the 2015International Fire Code.
That the 2015 International Fire Code, as adopted herein, is hereby amended and incorporated
herein and attached hereto for all purposes of this ordinance. The Town of Westlake, Texas may
from time to time determine that additional local modifications to the Fire Code are necessary
and appropriate to meet the unique needs of the Town of Westlake, Texas. To effectuate these
local modifications, the Town Council shall enact individual ordinances amending this
Ordinance, fully setting forth the change to be made in the Fire Code. These amendments shall
be consolidated in Chapter 38.
The following sections, paragraphs, and sentences of the 2015 International Fire Code (IFC) are
hereby amended as follows: Standard type is text from the IFC. Underlined type is text inserted.
Lined through type is deleted text from IFC. 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, the North Central Texas Council of Governments (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. Note that
Appendices must be specifically adopted by Ordinance. See Sample Ordinance on Page xxi of
2015 IFC. Also, note that several sections of the code, as indicated in the Sample Ordinance,
require jurisdictional specificity as to dollar amounts, geographic limits, etc.
Ordinance 814
Page 3 of 41
**Section 102.1; change #3 to read as follows:
3. Existing structures, facilities, and conditions when required in Chapter 11 or in specific
sections of this code.
(Reason: To clarify that there are other provisions in the fire code applicable to existing
buildings that are not located in Chapter 11, such as Section 505 Premises Identification.)
**Section 105.3.3; change to read as follows:
105.3.3 Occupancy Prohibited before Approval. The building or structure shall not be occupied
prior to the fire code official issuing a permit when required and conducting associated inspections
indicating the applicable provisions of this code have been met.
(Reason: For clarity to allow for better understanding in areas not requiring such permits, such as
unincorporated areas of counties.)
**Section 105.7; add Section 105.7.19 to read as follows:
105.7.19 Electronic access control systems. Construction permits are required for the
installation or modification of an electronic access control system, as specified in Chapter 10. A
separate construction permit is required for the installation or modification of a fire alarm system
that may be connected to the access control system. Maintenance performed in accordance with
this code is not considered a modification and does not require a permit.
(Reason: Adds construction permit requirements for electronic access control systems affecting
access and/or egress to ensure proper design and installation of such systems. These changes
reflect local practices of municipalities in this region.)
** Section 109.4; change to read as follows:
Section 109.4 Violation Penalties. Any person, firm, or corporation violating any of the
provisions or terms of this Ordinance shall be guilty of a misdemeanor and, upon conviction in
the Municipal Court, shall be subject to a fine not exceeding TWO THOUSAND AND NO/100
($2,000.00) DOLLARS for each offense, and each and every day any such violation shall
continue shall be deemed to constitute a separate offense.
**Section 111.4; change to read as follows:
Section 111.4 Failure to Comply. Any person who shall continue any work after having been
served with a stop work order except such work as that person is directed to perform to remove a
violation or unsafe condition, shall be liable to a fine not to exceed TWO THOUSAND AND
NO/100 ($2,000.00) DOLLARS for each offense, and each and every day any such violation
shall continue shall be deemed to constitute a separate offense.
Ordinance 814
Page 4 of 41
**Section 202; change and add definitions to read as follows:
**ADDRESSABLE FIRE DETECTION SYSTEM. Any system capable of providing
identification of each individual alarm-initiating device. The identification shall be in plain
English and as descriptive as possible to specifically identify the location of the device in alarm.
The system shall have the capability of alarm verification.
(Reason: To provide a definition that does not exist in the fire code)
***AMBULATORY CARE FACILITY. Buildings or portions thereof used to provide
medical, surgical, psychiatric, nursing, or similar care on a less than 24-hour basis to persons
who are rendered incapable of self-preservation by the services provided. This group may
include but not be limited to the following:
- Dialysis centers
- Procedures involving sedation
- Sedation dentistry
- Surgery centers
- Colonic centers
- Psychiatric centers
(Reason: To clarify the range of uses included in the definition)
***ANALOG ADDRESSABLE FIRE DETECTION SYSTEM. Any system capable of
calculating a change in value by directly measurable quantities (voltage, resistance, etc.) at the
sensing point. The physical analog may be conducted at the sensing point or at the main control
panel. The system shall be capable of compensating for long-term changes in sensor response
while maintaining a constant sensitivity. The compensation shall have a preset point at which a
detector maintenance signal shall be transmitted to the control panel. The sensor shall remain
capable of detecting and transmitting an alarm while in maintenance alert.
(Reason: To provide a definition that does not exist in the fire code)
***ASSISTED LIVING FACILITIES. A building or part thereof housing persons, on a 24-
hour basis, who
because of age, mental disability or other reasons, live in a supervised residential environment
which
provides personal care services. The occupants are capable of responding to an emergency
situation
without physical assistance from staff.
(Reason: The code references Assisted Living facilities and definition was deleted)
Ordinance 814
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**ATRIUM. An opening connecting two three or more stories… {remaining text unchanged}
(Reason: Accepted practice in the region based on legacy codes. IBC Section 1009 permits
unenclosed two story stairways under certain circumstances.)
***DEFEND IN PLACE. A method of emergency response that engages building components
and trained staff to provide occupant safety during an emergency. Emergency response involves
remaining in place, relocating within the building, or both, without evacuating the building.
(Reason: Added from International Building Code (IBC) definitions for consistency in
interpretation of the subject requirements pertaining to such occupancies.)
**FIRE WATCH. A temporary measure intended to ensure continuous and systematic
surveillance of a building or portion thereof by one or more qualified individuals or standby
personnel when required by the fire code official, for the purposes of identifying and controlling
fire hazards, detecting early signs of unwanted fire, raising an alarm of fire and notifying the fire
department.
(Reason: Clearly defines options to the fire department for providing a fire watch.)
**FIREWORKS. Any composition or device for the purpose of producing a visible or an
audible effect for entertainment purposes by combustion, deflagration, or detonation, and/or
activated by ignition with a match or other heat producing device that meets the definition of
1.4G fireworks or 1.3G fireworks as set forth herein. … {remainder of text unchanged}…
(Reason: Increased safety from fireworks related injuries.)
**HIGH-PILED COMBUSTIBLE STORAGE: add a second paragraph to read as follows:
Any building classified as a group S Occupancy or Speculative Building that has a clear
height in excess of 14 feet, making it possible to be used for storage in excess of 12 feet,
shall be considered to be high-piled storage. When a specific product cannot be identified, a
fire protection system and life safety features shall be installed as for Class IV commodities,
to the maximum pile height.
(Reason: To provide protection for worst-case scenario in flexible or unknown situations.)
**HIGH-RISE BUILDING. A building with an occupied floor located more than 75 55 feet
(22 860 16 764 mm) above the lowest level of fire department vehicle access.
(Reason: Allows for additional construction safety features to be provided, based on
firefighting response capabilities.)
**REPAIR GARAGE. A building, structure or portion thereof used for servicing or repairing
motor vehicles. This occupancy shall also include garages involved in minor repair, modification
Ordinance 814
Page 6 of 41
and servicing of motor vehicles for items such as lube changes, inspections, windshield repair or
replacement, shocks, minor part replacement, and other such minor repairs.
(Reason: To further clarify types of service work allowed in a repair garage, as well as to
correspond with definition in the IBC.)
**SELF-SERVICE STORAGE FACILITY. Real property designed and used for the purpose
of renting or leasing individual storage spaces to customers for the purpose of storing and
removing personal property on a self-service basis.
(Reason: To provide a definition that does not exist in the fire code.)
**STANDBY PERSONNEL. Qualified fire service personnel, approved by the Fire Chief.
When utilized, the number required shall be as directed by the Fire Chief. Charges for utilization
shall be as normally calculated by the jurisdiction.
(Reason: To provide a definition that does not exist in the fire code.)
***UPGRADED OR REPLACED FIRE ALARM SYSTEM. A fire alarm system that is
upgraded or replaced includes, but is not limited to the following:
• Replacing one single board or fire alarm control unit component with a newer model
• Installing a new fire alarm control unit in addition to or in place of an existing one
• Conversion from a horn system to an emergency voice/alarm communication system
• Conversion from a conventional system to one that utilizes addressable or analog devices
The following are not considered an upgrade or replacement:
• Firmware updates
• Software updates
• Replacing boards of the same model with chips utilizing the same or newer firmware
(Reason: This is referenced in several places, but the wording of “upgraded or replaced” is
somewhat ambiguous and open to interpretation. Defining it here allows for consistent
application across the region.)
**Section 307.1.1; change to read as follows:
307.1.1 Prohibited Open Burning. Open burning shall be prohibited that is offensive or
objectionable because of smoke emissions or when atmospheric conditions or local
circumstances make such fires hazardous shall be prohibited.
Exception: {No change.}
(Reason: To further protect adjacent property owners/occupants from open burning and/or
smoke emissions from open burning.)
**Section 307.2; change to read as follows:
307.2 Permit Required. A permit shall be obtained from the fire code official in accordance
Ordinance 814
Page 7 of 41
with Section 105.6 prior to kindling a fire for recognized silvicultural or range or wildlife
management practices, prevention or control of disease or pests, or open burning a bonfire.
Application for such approval shall only be presented by and permits issued to the owner of the
land upon which the fire is to be kindled.
Examples of state or local law, or regulations referenced elsewhere in this section may include
but not be limited to the following:
1. Texas Commission on Environmental Quality (TCEQ) guidelines and/or restrictions.
2. State, County, or Local temporary or permanent bans on open burning.
3. Local written policies as established by the fire code official.
(Reason: Amendments to 307.2, 307.4, 307.4.3, and 307.5 better explain current requirements
and recognize that jurisdictions have local established policies that best fit their environments.)
**Section 307.3; change to read as follows:
307.3 Extinguishment Authority. When open burning creates or adds to a hazardous situation,
or a required permit for open burning has not been obtained, the fire code official is authorized to
order the extinguishment of the open burning operation. The fire code official is authorized to
order the extinguishment by the permit holder, another person responsible, or the fire department
of open burning that creates or adds to a hazardous or objectionable situation.
(Reason: Provides direction as to responsible parties relative to extinguishment of the subject
open burning.)
**Section 307.4; change to read as follows:
307.4 Location. The location for open burning shall not be less than 50 300 feet (15 240 91 440
mm) from any structure, and provisions shall be made to prevent the fire from spreading to
within 50 300 feet (15 240 91 440 mm) of any structure.
Exceptions: {No change.}
(Reason: To increase the separation distance thereby increasing the safety to adjacent
properties, as per applicable TCEQ rules and regulations regarding outdoor burning.)
**Section 307.4.3, Exceptions: add exception #2 to read as follows:
Exceptions:
2. Where buildings, balconies and decks are protected by an approved automatic sprinkler
system.
(Reason: To reflect similar allowances for open-flame cooking in these same locations.)
**Section 307.4.4 and 5; add section 307.4.4 and 307.4.5 to read as follows:
Ordinance 814
Page 8 of 41
307.4.4 Permanent Outdoor Firepit. Permanently installed outdoor firepits for recreational fire
purposes shall not be installed within 10 feet of a structure or combustible material.
Exception: Permanently installed outdoor fireplaces constructed in accordance with the
International Building Code.
307.4.5 Trench Burns. Trench burns shall be conducted in air curtain trenches and in
accordance with Section 307.2.
(Reason: To provide a greater level of safety for this potentially hazardous fire exposure
condition. Decrease in separation distance allowed for outdoor firepits due to permanent nature
of construction having substantial securement.)
**Section 307.5; change to read as follows:
307.5 Attendance. Open burning, trench burns, bonfires, recreational fires, and use of portable
outdoor fireplaces shall be constantly attended until the… {Remainder of section unchanged}
(Reason: Adds attendance for trench burns based on previous amendment provision for such.)
**Section 308.1.4; change to read as follows:
308.1.4 Open-flame Cooking Devices. Charcoal burners and other oOpen-flame cooking
devices, charcoal grills and other similar devices used for cooking shall not be operated located
or used on combustible balconies, decks, or within 10 feet (3048 mm) of combustible
construction.
Exceptions:
1. One- and two-family dwellings, except that LP-gas containers are limited to a water
capacity not greater than 50 pounds (22.68 kg) [nominal 20 pound (9.08 kg) LP-gas
capacity] with an aggregate LP-gas capacity not to exceed 100 lbs (5 containers).
2. Where buildings, balconies and decks are protected by an approved automatic sprinkler
system, except that LP-gas containers are limited to a water capacity not greater than 50
pounds (22.68 kg) [nominal 20 pound (9.08 kg) LP-gas capacity], with an aggregate LP-
gas capacity not to exceed 40 lbs (2 containers).
3. {No change.}
(Reason: Decrease fire risk in multi-family dwellings and minimizes ignition sources and clarify
allowable limits for 1 & 2 family dwellings, and allow an expansion for sprinklered multi-family
uses. This amendment adds clarification and defines the container size allowed for residences.)
**Section 308.1.6.2, Exception #3; change to read as follows:
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Exceptions:
3. Torches or flame-producing devices in accordance with Section 308.4 308.1.3.
(Reason: Section identified in published fire code is inappropriate.)
***Section 308.1.6.3; change to read as follows:
308.1.6.3 Sky Lanterns. A person shall not release or cause to be released an untethered
unmanned free-floating device containing an open flame or other heat source, such as but not
limited to a sky lantern.
(Reason: Eliminates the potential fire hazard presented by utilization of such devices and the
potential accidental release of such devices.)
**Section 311.5; change to read as follows:
311.5 Placards. Any The fire code official is authorized to require marking of any vacant or
abandoned buildings or structures determined to be unsafe pursuant to Section 110 of this code
relating to structural or interior hazards, shall be marked as required by Section 311.5.1 through
311.5.5.
(Reason: There may be situations where placarding is not desired or necessary; also clarifies
intent that it is not the fire code official’s responsibility to provide the placard.)
***{Note that prior amendment to Section 401.9 in the 2012 IFC recommended amendments has
been relocated to Section 901.6.3 as a more appropriate location for the requirement.}
***Section 403.5; change Section 403.5 to read as follows:
403.5 Group E Occupancies. An approved fire safety and evacuation plan in accordance with
Section 404 shall be prepared and maintained for Group E occupancies and for buildings
containing both a Group E occupancy and an atrium. A diagram depicting two evacuation routes
shall be posted in a conspicuous location in each classroom. Group E occupancies shall also
comply with Sections 403.5.1 through 403.5.3.
(Reason: The diagrams are intended to assist with egress in such occupancies – specifically, the
primary teacher is not always present to assist children with egress. Also, such will help
reinforce evacuation drill requirements.)
***Section 404.2.2; add Number 4.10 to read as follows:
4.10 Fire extinguishing system controls.
(Reason: The committee believed this information could be of great help to such plans to
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facilitate locating sprinkler valves to minimize water damage, for instance.)
***Section 405.4; change Section 405.4 to read as follows:
405.4 Time. The fire code official may require an evacuation drill at any time. Drills shall be
held at unexpected times and under varying conditions to simulate the unusual conditions that
occur in case of fire.
(Reason: This change clarifies who may require a fire or evacuation drill).
**Section 501.4; change to read as follows:
501.4 Timing of Installation. When fire apparatus access roads or a water supply for fire
protection is required to be installed for any structure or development, they shall be installed,
tested, and approved prior to the time of which construction has progressed beyond completion
of the foundation of any structure. , such protection shall be installed and made serviceable prior
to and during the time of construction except when approved alternative methods of protection
are provided. Temporary street signs shall be installed at each street intersection when
construction of new roadways allows passage by vehicles in accordance with Section 505.2.
(Reason: Reflects current practice in the region relative to ensuring fire department and EMS
access during construction, which can be a time of increased frequency for emergency
incidents.)
**Section 503.1.1; add sentence to read as follows:
Except for one- or two-family dwellings, the path of measurement shall be along a minimum of a
ten feet (10’) wide unobstructed pathway around the external walls of the structure.
(Reason: Recognizes that the hose lay provision can only be measured along a pathway that is
wide enough for fire fighter access.)
**Section 503.2.1; change to read as follows:
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less
than 20 24 feet (6096 mm 7315 mm), exclusive of shoulders, except for approved security gates
in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 13 feet
6 inches (4115 mm) 14 feet (4267 mm).
Exception: Vertical clearance may be reduced; provided such reduction does not impair
access by fire apparatus and approved signs are installed and maintained indicating the
established vertical clearance when approved.
(Reason: Amendments to 503.2.1 recognizes that the equipment now used in firefighting is
increasing in size. The code already recognizes that larger dimensions may be required under
Section 503.2.2. The amendments are to standardize the dimensions for this area. With the
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increase in fire apparatus size, this will allow for the passage of two fire apparatus during a fire
or EMS emergency.)
**Section 503.2.2; change to read as follows:
503.2.2 Authority. The fire code official shall have the authority to require an increase in the
minimum access widths and vertical clearances where they are inadequate for fire or rescue
operations.
(Reason: Amendments to 503.2.2 recognizes that the equipment now used in firefighting is
increasing in size. The code already recognizes that larger dimensions may be required under
Section 503.2.2. The amendments are to standardize the dimensions for this area. With the
increase in fire apparatus size, this will allow for the passage of two fire apparatus during a fire
or EMS emergency.)
***Section 503.2.3; change 503.2.3 to read as follows; add 503.2.3.1 to read as follows:
503.2.3 Surface. All weather surfaces shall be asphalt or concrete. Fire lanes shall be designed
to support a minimum 85,000 lbs. GVW load. Subgrade shall be stabilized per engineers report.
Concrete fire lanes shall be a minimum five (5) inches thick 3600 psi 5 ½ sack concrete
reinforced with #4 rebar on 18 inch centers. Asphalt fire lane shall be a minimum six (6) inches
thick. Drive approaches shall be a minimum six (6) inches thick 3600 psi 5 ½ sack concrete
reinforced with # 4 rebar on 18 inch centers both ways on chairs.
(Reason: Amendments to 503.2.3 recognizes that the equipment now used in firefighting is
increasing in size, thus requiring a greater GVW requirement. This will address the current size
of fire trucks in use – figure derived from DOT requirements for waiver of vehicle exceeding
such weight.)
***Section 503.2.3.1 Private Access Easements/Roads Shall Be Built To Town Street
Standards.
(Reason: Amendments to 503.2.3.1 recognizes that the equipment now used in firefighting is
increasing in size, thus requiring a greater GVW requirement. With the increase in fire
apparatus size, this will allow for the passage of two fire apparatus during a fire or EMS
emergency. Addition of 503.2.3.1 to provide a standard for private access easements.)
**Section 503.3; change to read as follows:
503.3 Marking. Where required by the fire code official, approved signs or other approved
notices or markings that include the words NO PARKING – FIRE LANE Striping, signs, or
other markings, when approved by the fire code official, shall be provided for fire apparatus
access roads to identify such roads or prohibit the obstruction thereof. The means by which fire
lanes are designated Striping, signs and other markings shall be maintained in a clean and legible
condition at all times and be replaced or repaired when necessary to provide adequate visibility.
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(1) Striping – Fire apparatus access roads shall be continuously marked by painted lines of
red traffic paint six inches (6”) in width to show the boundaries of the lane. The words “NO
PARKING FIRE LANE” or "FIRE LANE NO PARKING” shall appear in four inch (4”)
white letters at 25 feet intervals on the red border markings along both sides of the fire lanes.
Where a curb is available, the striping shall be on the vertical face of the curb.
(2) Signs – Signs shall read “NO PARKING FIRE LANE” or "FIRE LANE NO PARKING”
and shall be 12” wide and 18” high. Signs shall be painted on a white background with
letters and borders in red, using not less than 2” lettering. Signs shall be permanently affixed
to a stationary post and the bottom of the sign shall be six feet, six inches (6’6”) above
finished grade. Signs shall be spaced not more than fifty feet (50’) apart along both sides of
the fire lane. Signs may be installed on permanent buildings or walls or as approved by the
Fire Chief.
***(3) In-laid Pavers - In-laid fire lane identification systems may be approved by the code
official having jurisdiction. Approved in-laid fire lane identification systems will be
enforced under this code as with other provisions of this code.
***(4) Etched Stone Markings –Approved etched stone fire lane identification systems will
be enforced under this code as with other provisions of this code.
(Reason: Establishes a standard method of marking and reflects local long-standing practices.)
**Section 503.4; change to read as follows:
503.4 Obstruction of Fire Apparatus Access Roads. Fire apparatus access roads shall not be
obstructed in any manner, including the parking of vehicles. The minimum widths and
clearances established in Section 503.2.1 and any area marked as a fire lane as described in
Section 503.3 shall be maintained at all times.
(Reason: As originally worded, the section implied that vehicles could be parked in the marked
fire lane and not be in violation if the minimum width is still maintained. Current accepted
enforcement practice is to require the entire marked fire lane to be maintained clear and
unobstructed.)
***Section 503.6.1; add new section to read as follows:
503.6.1 Emergency Vehicle Access. All security gates as determined by the code official shall
be provided with a manual means of operating the security gate and an automatic means of
operation. The automatic means of operation shall be accomplished with an opticom and/or a
knox key switch.
(Reason: Provide access for emergency vehicles during normal operating conditions and in the
event of a power failure to the security gate control equipment.)
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***Section 505.1; change to read as follows:
505.1 Address Identification. New and existing buildings shall be provided with approved
address identification. The address identification shall be legible and placed in a position that is
visible from the street or road fronting the property. Address identification characters shall
contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters.
Numbers shall not be spelled out. Each character shall be not less than 4 inches (102 mm) 6
inches (152.4 mm) high with a minimum stroke width of 1/2 inch (12.7 mm). Where required by
the fire code official, address numbers shall be provided in additional approved locations to
facilitate emergency response. Where access is by means of a private road, buildings do not
immediately front a street, and/or the building cannot be viewed from the public way, a
monument, pole or other sign with approved 6 inch (152.4 mm) height building numerals or
addresses and 4 inch (101.6 mm) height suite/apartment numerals of a color contrasting with the
background of the building or other approved means shall be used to identify the structure.
Numerals or addresses shall be posted on a minimum 20 inch (508 mm) by 30 inch (762 mm)
background on border. Address identification shall be maintained.
Exception: R-3 Single Family occupancies shall have approved numerals of a minimum
3 ½ inches (88.9 mm) in height and a color contrasting with the background clearly
visible and legible from the street fronting the property and rear alleyway where such
alleyway exists.
(Reason: To increase the minimum addressing requirements for commercial properties and
establish a minimum for single-family residential properties Such improves legibility of these
signs which are critical to emergency response in a more timely manner.)
**Section 507.4; change to read as follows:
507.4 Water Supply Test Date and Information. The water supply test used for hydraulic
calculation of fire protection systems shall be conducted in accordance with NFPA 291
“Recommended Practice for Fire Flow Testing and Marking of Hydrants” and within one year of
sprinkler plan submittal. The fire code official shall be notified prior to the water supply test.
Water supply tests shall be witnessed by the fire code official or designee, as required or
approved documentation of the test shall be provided to the fire code official prior to final
approval of the water supply system. The exact location of the static/residual hydrant and the
flow hydrant shall be indicated on the design drawings. All fire protection plan submittals shall
be accompanied by a hard copy of the waterflow test report, or as approved by the fire code
official. The report must indicate the dominant water tank level at the time of the test and the
maximum and minimum operating levels of the tank, as well, or identify applicable water supply
fluctuation. The licensed contractor must then design the fire protection system based on this
fluctuation information, as per the applicable referenced NFPA standard. Reference Section
903.3.5 for additional design requirements.
(Reason: Clarifies intent of the test to ensure contractor accounts for water supply fluctuations.)
***Section 507; shall be amended by adding the following section:
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507.5.1 Where required. This section provides the minimum hydrant requirements. Whenever
the fire flow requirements of Appendix C require additional hydrants they are also required. The
location, number and type of fire hydrants connected to a water supply capable of delivering the
required fire flow shall be provided on the private/public street, or on the site of the premises, or
both, to be protected as required and approved by the Fire Code Official.
Hydrants shall be provided at all intersecting streets and at intermediate locations between
intersections as prescribed above, measured as the hose would be laid. Fire hydrants shall be
accessible to the fire department apparatus by roads which meet the requirements of Section
503.2.
(Reason: To provide minimum hydrant spacing standards.)
**Section 507.5.4; change to read as follows:
507.5.4 Obstruction. Unobstructed access to fire hydrants shall be maintained at all times. Posts,
fences, vehicles, growth, trash, storage and other materials or objects shall not be placed or kept
near fire hydrants, fire department inlet connections or fire protection system control valves in a
manner that would prevent such equipment or fire hydrants from being immediately discernible.
The fire department shall not be deterred or hindered from gaining immediate access to fire
protection equipment or fire hydrants.
(Reason: Maintains wording from 2006 Code previous code to ensure these critical devices are
available in an emergency incident.)
**Section 509.1.2; add new Section 509.1.2 to read as follows:
509.1.2 Sign Requirements. Unless more stringent requirements apply, lettering for signs
required by this section shall have a minimum height of 2 inches (50.8 mm) when located inside
a building and 4 inches (101.6 mm) when located outside, or as approved by the fire code
official. The letters shall be of a color that contrasts with the background.
(Reason: Provides direction as to appropriate sign criteria to develop consistency in this
regard.)
**Section 603.3.2.1, Exception; change exception to read as follows:
Exception: The aggregate capacity limit shall be permitted to be increased to 3,000 gallons
(11,356 L) in accordance with all requirements of Chapter 57. of Class II or III liquid for storage
in protected above-ground tanks... {Delete remainder of Exception}
(Reason: Change to Section 5704.2.9.5 is included in this amendment package.)
**Section 603.3.2.2; change to read as follows:
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603.3.2.2 Restricted Use and Connection. Tanks installed in accordance with Section 603.3.2
shall be used only to supply fuel oil to fuel-burning or generator equipment installed in
accordance with Section 603.3.2.4. Connections between tanks and equipment supplied by such
tanks shall be made using closed piping systems.
(Reason: Relocate the exception to Chapter 57 for applicability to generator sets, due to
contradictory charging statement in 603.1 to not apply to internal combustion engines. Further,
such large quantities of combustible liquid are more thoroughly addressed in Chapter 57
relative to such tanks.)
***Section 604; change and add to read as follows:
604.1.1 Stationary Generators. Stationary emergency and standby power generators required
by this code shall be listed in accordance with UL 2200.
604.1.2 Installation. Emergency power systems and standby power systems shall be installed in
accordance with the International Building Code, NFPA 70, NFPA 110 and NFPA 111.
Existing installations shall be maintained in accordance with the original approval, except as
specified in Chapter 11.
604.1.3 through 604.1.8 {No changes to these sections.}
604.1.9 Critical Operations Power Systems (COPS). For Critical Operations Power Systems
necessary to maintain continuous power supply to facilities or parts of facilities that require
continuous operation for the reasons of public safety, emergency management, national security,
or business continuity, see NFPA 70.
604.2 Where Required. Emergency and standby power systems shall be provided where
required by Sections 604.2.1 through 604.2.16 604.2.24 or elsewhere identified in this code or
any other referenced code.
604.2.1 through 604.2.3 {No change.}
604.2.4 Group A occupancies. Emergency Voice/alarm Communications Systems.
Emergency power shall be provided for emergency voice/alarm communications systems in the
following occupancies, or as specified elsewhere in this code, as required in Section 907.5.2.2.5.
The system shall be capable of powering the required load for a duration of not less than 24
hours, as required in NFPA 72.
Covered and Open Malls, Section 907.2.20 and 914.2.3
Group A Occupancies, Sections 907.2.1 and 907.5.2.2.4.
Special Amusement Buildings, Section 907.2.12.3
High-rise Buildings, Section 907.2.13
Atriums, Section 907.2.14
Deep Underground Buildings, Section 907.2.19
604.2.5 through 604.2.11 {No change.}
604.2.12 Means of Egress Illumination. Emergency power shall be provided for means of
egress illumination in accordance with Sections 1008.3 and 1104.5.1. (90 minutes)
604.2.13 Membrane Structures. Emergency power shall be provided for exit signs in
temporary tents and membrane structures in accordance with Section 3103.12.6.1. (90 minutes)
Standby power shall be provided for auxiliary inflation systems in permanent membrane
structures in accordance with Section 2702 of the International Building Code. (4 hours)
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Auxiliary inflation systems shall be provided in temporary air-supported and air-inflated
membrane structures in accordance with section 3103.10.4.
604.2.14 {No change.}
604.2.15 Smoke Control Systems. Standby power shall be provided for smoke control systems
in the following occupancies, or as specified elsewhere in this code, as required in Section
909.11:
Covered Mall Building, International Building Code, Section 402.7
Atriums, International Building Code, Section 404.7
Underground Buildings, International Building Code, Section 405.8
Group I-3, International Building Code, Section 408.4.2
Stages, International Building Code, Section 410.3.7.2
Special Amusement Buildings (as applicable to Group A’s), International Building Code,
Section 411.1
Smoke Protected Seating, Section 1029.6.2.1
604.2.17 Covered and Open Mall Buildings. Emergency power shall be provided in
accordance with Section 907.2.20 and 914.2.3.
604.2.18 Airport Traffic Control Towers. A standby power system shall be provided in airport
traffic control towers more than 65 ft. in height. Power shall be provided to the following
equipment:
1. Pressurization equipment, mechanical equipment and lighting.
2. Elevator operating equipment.
3. Fire alarm and smoke detection systems.
604.2.19 Smokeproof Enclosures and Stair Pressurization Alternative. Standby power shall
be provided for smokeproof enclosures, stair pressurization alternative and associated automatic
fire detection systems as required by the International Building Code, Section 909.20.6.2.
604.2.20 Elevator Pressurization. Standby power shall be provided for elevator pressurization
system as required by the International Building Code, Section 909.21.5.
604.2.21 Elimination of Smoke Dampers in Shaft Penetrations. Standby power shall be
provided when eliminating the smoke dampers in ducts penetrating shafts in accordance with the
International Building Code, Section 717.5.3, exception 2.3.
604.2.22 Common Exhaust Systems for Clothes Dryers. Standby power shall be provided for
common exhaust systems for clothes dryers located in multistory structures in accordance with
the International Mechanical Code, Section 504.10, Item 7.
604.2.23 Hydrogen Cutoff Rooms. Standby power shall be provided for mechanical ventilation
and gas detection systems of Hydrogen Cutoff Rooms in accordance with the International
Building Code, Section 421.8.
604.2.24 Means of Egress Illumination in Existing Buildings. Emergency power shall be
provided for means of egress illumination in accordance with Section 1104.5 when required by
the fire code official. (90 minutes in I-2, 60 minutes elsewhere.)
604.3 through 604.7 {No change.}
604.8 Energy Time Duration. Unless a time limit is specified by the fire code official, in this
chapter or elsewhere in this code, or in any other referenced code or standard, the emergency and
standby power system shall be supplied with enough fuel or energy storage capacity for not less
than 2-hour full-demand operation of the system.
Exception: Where the system is supplied with natural gas from a utility provider and is
approved.
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(Reason: These provisions provide a list to complete and match that throughout the codes. The
only new items are the reference to COPS in NFPA 70, and the specified Energy time duration.
Other changes are a reference to a code provision that already exists.)
***Section 609.2; change to read as follows:
609.2 Where Required. A Type I hood shall be installed at or above all commercial cooking
appliances and domestic cooking appliances used for commercial purposes that produce grease
vapors, including but not limited to cooking equipment used in fixed, mobile, or temporary
concessions, such as trucks, buses, trailers, pavilions, or any form of roofed enclosure, as
required by the fire code official.
Exceptions:
1. Tents, as provided for in Chapter 31.
2. {No change to existing Exception.}
Additionally, fuel gas and power provided for such cooking appliances shall be interlocked with
the extinguishing system, as required by Section 904.12.2. Fuel gas containers and piping/hose
shall be properly maintained in good working order and in accordance with all applicable
regulations.
(Reason: To require fire protection and prevention for mobile food trucks and other mobile
commercial cooking operations for the protection of occupants and first responders, including
the fuel gas utilized for the cooking operation.)
**Section 704.1; change to read as follows:
704.1 Enclosure. Interior vertical shafts including, but not limited to, stairways, elevator
hoistways, service and utility shafts, that connect two or more stories of a building shall be
enclosed or protected in accordance with the codes in effect at the time of construction but,
regardless of when constructed, not less than as required in Chapter 11 of the International Fire
Code. New floor openings in existing buildings shall comply with the International Building
Code.
(Reason: Provides standard minimum protection retroactively, but clarifies that this section is
not to be used to reduce higher protection levels that were required when originally
constructed.)
***Section 807.3; change to read as follows:
807.3 Combustible Decorative Materials. In other than Group I-3 In occupancies in Groups A,
E, I, and R-1, and dormitories in Group R-2, curtains, draperies, fabric hangings and other
similar combustible decorative materials suspended from walls or ceilings shall comply with
Section 807.4 and shall not exceed 10 percent of the specific wall or ceiling area to which they
are attached.
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(Reason: Section 807 was re-arranged and modified from the 2012 IFC: previously, curtains
were required to be NFPA 701 compliant and limited to 10 percent of the applicable wall in A,
E, I, R-1, and R-2 dormitory occupancies, but now, per the published 2015 IFC, Section 807.3
would apply to all occupancies, except I-3 (non-combustible only). Such a change is a
tremendous expansion of the requirement, and no justification was provided in the proposed
code change at the code hearings as to the reasons for such an expansion of the requirement,
especially considering that it also applies to existing buildings. The board believes that this
change is an over-reach for such a stringent requirement and that maintenance of the legacy
language is appropriate at this time.)
**Section 807.5.2.2 and 807.5.2.3; change to read as follows:
807.5.2.2 Artwork in Corridors. Artwork and teaching materials shall be limited on the walls
of corridors to not more than 20 percent of the wall area. Such materials shall not be continuous
from floor to ceiling or wall to wall. Curtains, draperies, wall hangings, and other decorative
material suspended from the walls or ceilings shall meet the flame propagation performance
criteria of NFPA 701 in accordance with Section 807 or be noncombustible.
Exception: Corridors protected by an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 shall be limited to 50 percent of the wall area.
807.5.2.3 Artwork in Classrooms. Artwork and teaching materials shall be limited on walls of
classrooms to not more than 50 percent of the specific wall area to which they are attached.
Curtains, draperies, wall hangings and other decorative material suspended from the walls or
ceilings shall meet the flame propagation performance criteria of NFPA 701 in accordance with
Section 807 or be noncombustible.
(Reason: This change allows an increase in wall coverage due to the presence of sprinklers. Also
provides additional guidance relative to fire resistance requirements in these areas.)
***Section 901.4.3; Change to read as follows:
901.4.3 Fire Area. Buildings, or portions thereof will not be divided into fire areas for
purposes of determining fire protection system requirements.
(Reason: The Town of Westlake requires all buildings and portions thereof are protected by
automatic sprinkler systems.)
**Section 901.6.1; add Section 901.6.1.1 to read as follows:
901.6.1.1 Standpipe Testing. Building owners/managers must maintain and test standpipe
systems as per NFPA 25 requirements. The following additional requirements shall be applied to
the testing that is required every 5 years:
1. The piping between the Fire Department Connection (FDC) and the standpipe shall be
backflushed when foreign material is present, and also hydrostatically tested for all FDC’s
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on any type of standpipe system. Hydrostatic testing shall also be conducted in accordance
with NFPA 25 requirements for the different types of standpipe systems.
2. For any manual (dry or wet) standpipe system not having an automatic water supply
capable of flowing water through the standpipe, the tester shall connect hose from a fire
hydrant or portable pumping system (as approved by the fire code official) to each FDC,
and flow water through the standpipe system to the roof outlet to verify that each inlet
connection functions properly. Confirm that there are no open hose valves prior to
introducing water into a dry standpipe. There is no required pressure criteria at the outlet.
Verify that check valves function properly and that there are no closed control valves on
the system.
3. Any pressure relief, reducing, or control valves shall be tested in accordance with the
requirements of NFPA 25. All hose valves shall be exercised.
4. If the FDC is not already provided with approved caps, the contractor shall install such
caps for all FDC’s as required by the fire code official.
5. Upon successful completion of standpipe test, place a blue tag (as per Texas
Administrative Code, Fire Sprinkler Rules for Inspection, Test and Maintenance Service
(ITM) Tag) at the bottom of each standpipe riser in the building. The tag shall be check-
marked as “Fifth Year” for Type of ITM, and the note on the back of the tag shall read “5
Year Standpipe Test” at a minimum.
6. The procedures required by Texas Administrative Code Fire Sprinkler Rules with regard
to Yellow Tags and Red Tags or any deficiencies noted during the testing, including the
required notification of the local Authority Having Jurisdiction (fire code official) shall
be followed.
7. Additionally, records of the testing shall be maintained by the owner and contractor, if
applicable, as required by the State Rules mentioned above and NFPA 25.
8. Standpipe system tests where water will be flowed external to the building shall not be
conducted during freezing conditions or during the day prior to expected night time
freezing conditions.
9. Contact the fire code official for requests to remove existing fire hose from Class II and III
standpipe systems where employees are not trained in the utilization of this firefighting
equipment. All standpipe hose valves must remain in place and be provided with an
approved cap and chain when approval is given to remove hose by the fire code official.
(Reason: Increases the reliability of the fire protection system and re-emphasizes the
requirements of NFPA 25 relative to standpipe systems, as well as ensuring that FDC
connections are similarly tested/maintained to ensure operation in an emergency incident.)
***Section 901.6.3; add Section 901.6.3 to read as follows:
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901.6.3 False Alarms and Nuisance Alarms. False alarms and nuisance alarms shall not be
given, signaled or transmitted or caused or permitted to be given, signaled or transmitted in any
manner.
(Reason: Places the responsibility on the business or property owner to maintain their fire alarm
systems in approved condition. Allows the enforcement of “prohibition of false alarms”.)
**Section 901.7; change to read as follows:
901.7 Systems Out of Service. Where a required fire protection system is out of service or in
the event of an excessive number of activations, the fire department and the fire code official
shall be notified immediately and, where required by the fire code official, the building shall
either be evacuated or an approved fire watch shall be provided for all occupants left unprotected
by the shut down until the fire protection system has been returned to service. … {remaining text
unchanged}
(Reason: Gives fire code official more discretion with regards to enforcement of facilities
experiencing nuisance alarm or fire protection system activations necessitating
correction/repair/replacement. The intent of the amendment is to allow local jurisdictions to
enforce fire watches, etc., where needed to ensure safety of occupants where fire protection
systems are experiencing multiple nuisance activations.
***Section 901.8.2; change to read as follows:
901.8.2 Removal of existing Occupant-use Hose Lines. The fire code official is authorized to
permit the removal of existing occupant-use hose lines and hose valves where all of the
following conditions exist:
1. Installation is not required by this code or the International Building Code.
2. The hose line(s) would not be utilized by trained personnel or the fire department.
3. T If the remaining outlets occupant-use hose lines are removed, but the hose valves are
required to remain as per the fire code official, such shall be are compatible with local
fire department fittings.
(Reason: Occupant-use hose lines have been an issue of concern that fire code officials have
struggled with for many years now, primarily in that they are required by the published code,
even though occupants are rarely properly trained in their use or provided with the OSHA-
required protective gear for such use, such as with an industrial fire brigade. The allowance for
these hose lines to remain only promotes the possibility of an occupant attempting to fight fire
for an unknown duration, rather than evacuate, and potentially injure themselves or others
through such action. They present greater risk than benefit to the occupants, and as such, the
above gives the fire code official the authorization to allow removal of such at his or her
discretion.)
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**Section 901.9; change Section 901.9 to read as follows:
901.9 Discontinuation or Change. Termination of monitoring of service. For fire alarm
systems required to be monitored by this code, Notice shall be made to the fire code official
whenever contracted alarm monitoring services for monitoring of any fire alarm system are
terminated for any reason, or a change in alarm monitoring provider occurs. Notice shall be
made in writing to the fire code official by the building owner and monitoring service provider
prior to the service being terminated.
(Reason: To ensure the property’s monitored fire alarm system is maintained for proper
notification of emergency response in the event of an emergency incident.)
**Section 903.1.1; change to read as follows:
903.1.1 Alternative Protection. Alternative automatic fire-extinguishing systems complying
with Section 904 shall be permitted instead of in addition to automatic sprinkler protection where
recognized by the applicable standard and, or as approved by the fire code official.
(Reason: Such alternative systems do not provide the reliability of automatic sprinkler
protection. Most gaseous type systems are highly susceptible to open doors, ceiling or floor tile
removal, etc. However, an applicant could pursue an Alternate Method request to help mitigate
the reliability issues with these alternative systems with the fire code official if so desired, or
there may be circumstances in which the fire code official is acceptable to allowing an alternate
system in lieu of sprinklers, such as kitchen hoods or paint booths.)
**Section 903.2; changes section to read as follows:
903.2 Where required: Approved automatic sprinkler systems shall be installed in all new
buildings and structures. Sections 903.2.1 through 903.2.11 fire area requirements and other
exceptions are deleted.
**Section 903.2; add paragraph to read as follows:
Automatic Sprinklers shall not be installed in elevator machine rooms, elevator machine spaces,
and elevator hoistways, other than pits where such sprinklers would not necessitate shunt trip
requirements under any circumstances. Storage shall not be allowed within the elevator machine
room. Signage shall be provided at the entry doors to the elevator machine room indicating
“ELEVATOR MACHINERY – NO STORAGE ALLOWED.”
(Reason: Firefighter and public safety. This amendment eliminates the shunt trip requirement of
the International Building Code Section 3006.5 for the purpose of elevator passenger and
firefighter safety. This amendment is contingent on the Building Code amendment eliminating
the Exceptions to Section 3006.4, such that passive fire barriers for these areas are maintained.)
**Section 903.2; delete the exception.
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(Reason: The exception deletion is due to the fact that such telecom areas pose an undue fire risk
to the structural integrity of the building.)
**Section 903.2.11; change 903.2.11.3 and add 903.2.11.7, 903.2.11.8, and 903.2.11.9 as
follows:
903.2.11.3 Buildings 55 35 feet or more in height. An automatic sprinkler system shall be
installed throughout buildings that have one or more stories with an occupant load of 30 or
more, other than penthouses in compliance with Section 1510 of the International Building
Code, located 55 35 feet (16 764 10 668 mm) or more above the lowest level of fire department
vehicle access, measured to the finished floor.
Exceptions:
1. Open parking structures in compliance with Section 406.5 of the International
Building Code, having no other occupancies above the subject garage.
2. Occupancies in Group F-2.
903.2.11.7 High-Piled Combustible Storage. For any building with a clear height exceeding
12 feet (4572 mm), see Chapter 32 to determine if those provisions apply.
903.2.11.8 Spray Booths and Rooms. New and existing spray booths and spraying rooms
shall be protected by an approved automatic fire-extinguishing system.
**Section 903.3.1.1.1; change to read as follows:
903.3.1.1.1 Exempt Locations. When approved by the fire code official, automatic sprinklers
shall not be required in the following rooms or areas where such ...{text unchanged}… because it
is damp, of fire-resistance-rated construction or contains electrical equipment.
1. Any room where the application of water, or flame and water, constitutes a serious life or
fire hazard.
2. Any room or space where sprinklers are considered undesirable because of the nature of
the contents, when approved by the code official.
3. Generator and transformer rooms, under the direct control of a public utility, separated
from the remainder of the building by walls and floor/ceiling or roof/ceiling assemblies
having a fire-resistance rating of not less than 2 hours.
4. In rooms or areas that are of noncombustible construction with wholly noncombustible
contents.
5. Fire service access Elevator machine rooms, and machinery spaces, and hoistways, other
than pits where such sprinklers would not necessitate shunt trip requirements under any
circumstances.
6. {Delete.}
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(Reason: Gives more direction to code official. Exception 4 deleted to provide protection where
fire risks are poorly addressed. Amendment 903.2 addresses Exception 5 above relative to the
elimination of sprinkler protection in these areas to avoid the shunt trip requirement.)
**Section 903.3.1.2.3; add section to read as follows:
Section 903.3.1.2.3 Attics and Attached Garages. Sprinkler protection is required in attic
spaces of such buildings two or more stories in height, in accordance with NFPA 13 and or
NFPA 13R requirements, and attached garages.
(Reason: Attic protection is required due to issues with fire exposure via soffit vents, as well as
firefighter safety. Several jurisdictions indicated experience with un-protected attic fires
resulting in displacement of all building occupants. NFPA 13 provides for applicable attic
sprinkler protection requirements, as well as exemptions to such, based on noncombustible
construction, etc. Attached garages already require sprinklers via NFPA 13R – this amendment
just re-emphasizes the requirement.)
***Section 903.3.1.3; change to read as follows:
903.3.1.3 NFPA 13D Sprinkler Systems. Automatic sprinkler systems installed in one- and
two-family dwellings; Group R-3; Group R-4 Condition 1 and townhouses shall be permitted to
be installed throughout in accordance with NFPA 13D or in accordance with state law.
(Reason: To allow the use of the Plumbing section of the International Residential Code (IRC)
and recognize current state stipulations in this regard.)
***Section 903.3.1.4; add to read as follows:
903.3.1.4 Freeze protection. Freeze protection systems for automatic fire sprinkler systems shall
be in accordance with the requirements of the applicable referenced NFPA standard and this
section.
903.3.1.4.1 Attics. Only dry-pipe, preaction, or listed antifreeze automatic fire sprinkler
systems shall be allowed to protect attic spaces.
Exception: Wet-pipe fire sprinkler systems shall be allowed to protect non-
ventilated attic spaces where:
1. The attic sprinklers are supplied by a separate floor control valve assembly
to allow ease of draining the attic system without impairing sprinklers
throughout the rest of the building, and
2. Adequate heat shall be provided for freeze protection as per the applicable
referenced NFPA standard, and
3. The attic space is a part of the building’s thermal, or heat, envelope, such
that insulation is provided at the roof deck, rather than at the ceiling level.
903.3.1.4.2 Heat trace/insulation. Heat trace/insulation shall only be allowed where
approved by the fire code official for small sections of large diameter water-filled pipe.
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(Reason: In the last few years, severe winters brought to light several issues with current
practices for sprinklering attics, not the least of which was wet-pipe sprinklers in ventilated
attics provided with space heaters, etc. for freeze protection of such piping. This practice is not
acceptable for the protection of water-filled piping in a ventilated attic space as it does not
provide a reliable means of maintaining the minimum 40 degrees required by NFPA, wastes
energy, and presents a potential ignition source to the attic space. Listed antifreeze is
specifically included because NFPA currently allows such even though there is no currently
listed antifreeze at the time of development of these amendments. The intent of this amendment
is to help reduce the large number of freeze breaks that have occurred in the past with water-
filled wet-pipe sprinkler systems in the future, most specifically in attic spaces.)
**Section 903.3.5; add a second paragraph to read as follows:
Water supply as required for such systems shall be provided in conformance with the supply
requirements of the respective standards; however, every water-based fire protection system shall
be designed with a 10 psi safety factor. Reference Section 507.4 for additional design
requirements.
(Reason: To define uniform safety factor.)
**Section 903.4; add a second paragraph after the exceptions to read as follows:
Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap to the
sprinkler system and shall cause an alarm upon detection of water flow for more than 45
seconds. All control valves in the sprinkler and standpipe systems except for fire department
hose connection valves shall be electrically supervised to initiate a supervisory signal at the
central station upon tampering.
(Reason: To avoid significant water losses. Consistent with amendment to IFC 905.9.)
**Section 903.4.2; add second paragraph to read as follows:
The alarm device required on the exterior address side of the building shall be a weatherproof
horn/strobe notification appliance with a minimum 75 candela strobe rating and provides a
temporal three sound to be clearly heard from the street fronting the property under normal
ambient sound level as approved by the Fire Code Official.
(Reason: Cleary identifies the building in alarm to the fire department personnel and
passersby’s)
**Section 905.2; change to read as follows and add second paragraph:
905.2 Installation Standard. Standpipe systems shall be installed in accordance with this
section and NFPA 14. Manual dry standpipe systems shall be supervised with a minimum of 10
psig and a maximum of 40 psig air pressure with a high/low alarm.
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***Fire protection equipment shall be identified in an approved manner. Standpipe connection
locations in parking garages shall be marked or identified as approved by the code official.
(Reason: To define manual dry standpipe supervision requirements. Helps ensure the integrity of
the standpipe system via supervision, such that open hose valves will result in a supervisory low
air alarm. Identification of fire protection equipment reduces delayed use.)
***Section 905.3; add Section 905.3.9 and exception to read as follows:
905.3.9 Buildings Exceeding 10,000 sq. ft. In buildings exceeding 10,000 square feet in area per
story and where any portion of the building’s interior area is more than 200 feet (60960 mm) of
travel, vertically and horizontally, from the nearest point of fire department vehicle access, Class
I automatic wet or manual wet standpipes shall be provided.
Exceptions:
1. Automatic dry and semi-automatic dry standpipes are allowed as provided for in
NFPA 14.
2. R-2 occupancies of four stories or less in height having no interior corridors.
(Reason: Allows for the rapid deployment of hose lines to the body of the fire.)
***Section 905.4, change Item 1, 3, and 5, and add Item 7 to read as follows:
1. In every required interior exit stairway, a hose connection shall be provided for each story
above and below grade plane. Hose connections shall be located at an intermediate
landing between stories, unless otherwise approved by the fire code official.
2. {No change.}
3. In every exit passageway, at the entrance from the exit passageway to other areas of a
building.
Exception: Where floor areas adjacent to an exit passageway are reachable from an interior
exit stairway hose connection by a {No change to rest.}
4. {No change.}
5. Where the roof has a slope less than four units vertical in 12 units horizontal (33.3-percent
slope), each standpipe shall be provided with a two-way a hose connection shall be located
to serve the roof or at the highest landing of an interior exit stairway with stair access to
the roof provided in accordance with Section 1011.12.
6. {No change.}
7. When required by this Chapter, standpipe connections shall be placed adjacent to all
required exits to the structure and at two hundred feet (200’) intervals along major
corridors thereafter, or as otherwise approved by the fire code official.
(Reason: Item 1, 3, and 5 amendments to remove ‘interior’ will help to clarify that such
connections are required for all ‘exit’ stairways, to ensure firefighter capabilities are not
diminished in these tall buildings, simply because the stair is on the exterior of the building. Item
5 reduces the amount of pressure required to facilitate testing, and provides backup protection
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for fire fighter safety. Item 7 allows for the rapid deployment of hose lines to the body of the
fire.)
**Section 905.9; add a second paragraph after the exceptions to read as follows:
Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap to the
sprinkler system and shall cause an alarm upon detection of water flow for more than 45
seconds. All control valves in the sprinkler and standpipe systems except for fire department
hose connection valves shall be electrically supervised to initiate a supervisory signal at the
central station upon tampering.
(Reason: To avoid significant water losses. Consistent with amendment to IBC 905.9.)
**Section 907.1; add Section 907.1.4 to read as follows:
907.1.4 Design Standards. Where a new fire alarm system is installed, the devices shall be
addressable. Fire alarm systems utilizing more than 20 smoke detectors shall have analog
initiating devices.
(Reason: Provides for the ability of descriptive identification of alarms, and reduces need for
panel replacement in the future. Updated wording to match the language of the new requirement
at 907.5.2.3. Change of terminology allows for reference back to definitions of NFPA 72)
**Section 907.2.1; change to read as follows:
907.2.1 Group A. A manual fire alarm system that activates the occupant notification system in
accordance with Section 907.5 shall be installed in Group A occupancies where the having an
occupant load due to the assembly occupancy is of 300 or more persons or more than 100
persons above or below the lowest level of exit discharge. Group A occupancies not separated
from one another in accordance with Section 707.3.10 of the International Building Code shall
be considered as a single occupancy for the purposes of applying this section. Portions of Group
E occupancies occupied for assembly purposes shall be provided with a fire alarm system as
required for the Group E occupancy.
Exception: {No change.}
Activation of fire alarm notification appliances shall:
1. Cause illumination of the means of egress with light of not less than 1 foot-candle (11 lux)
at the walking surface level, and
2. Stop any conflicting or confusing sounds and visual distractions.
(Reason: Increases the requirement to be consistent with Group B requirement. Also addresses
issue found in Group A occupancies of reduced lighting levels and other A/V equipment that
distracts from fire alarm notification devices or reduces ability of fire alarm system to notify
occupants of the emergency condition.)
***Section 907.2.3; change to read as follows:
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907.2.3 Group E. A manual fire alarm system that initiates the occupant notification signal
utilizing an emergency voice/alarm communication system meeting the requirements of Section
907.5.2.2 and installed in accordance with Section 907.6 shall be installed in Group E
educational occupancies. When automatic sprinkler systems or smoke detectors are installed,
such systems or detectors shall be connected to the building fire alarm system. An approved
smoke detection system shall be installed in Group E day care occupancies. Unless separated by
a minimum of 100' open space, all buildings, whether portable buildings or the main building,
will be considered one building for alarm occupant load consideration and interconnection of
alarm systems.
Exceptions:
1. {No change.}
1.1. Residential In-Home day care with not more than 12 children may use
interconnected single station detectors in all habitable rooms. (For care of more
than five children 2 1/2 or less years of age, see Section 907.2.6.)
{No change to remainder of exceptions.}
(Reason: To distinguish educational from day care occupancy minimum protection
requirements. Further, to define threshold at which portable buildings are considered a
separate building for the purposes of alarm systems. Exceptions provide consistency with State
law concerning such occupancies.)
**Section 907.2.13, Exception 3; change to read as follows:
3. Open air portions of buildings with an occupancy in Group A-5 in accordance with Section
303.1 of the International Building Code; however, this exception does not apply to
accessory uses including but not limited to sky boxes, restaurants, and similarly enclosed
areas.
(Reason: To indicate that enclosed areas within open air seating type occupancies are not
exempted from automatic fire alarm system requirements.)
***Section 907.4.2.5.1; add to read as follows:
907.4.2.5.1 Protective Covers. Protective covers for the double action manual pull stations, that
are located at designated emergency exits, are required in “I” occupancies when magnetic
locking devices are allowed to be utilized on designated emergency exits and signage is posted
above the manual pull stations stating “Pull to Release Door in an Emergency.”
(Reason: Helps to reduce false alarms.)
**Section 907.4.2; add Section 907.4.2.7 to read as follows:
907.4.2.7 Type. Manual alarm initiating devices shall be an approved double action type.
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(Reason: Helps to reduce false alarms.)
***Section 907.5.2.1; change to read as follows:
907.5.2.1 Audible Alarms. Audible alarm notification appliances shall be provided and emit a
distinctive sound that is not to be used for any purpose other than that of a fire alarm. Each
individual suite or occupancy, within a sprinklered building, that is not required in other sections
of this code, is required to provide audible notification to the building occupants, shall install an
audible fire alarm device with a temporal pattern horn connected to the fire alarm panel system
that provides notification of a fire alarm condition if one is detected in the building.
{No change to remainder of exceptions.}
(Reason: To provide audible notification within each individual suite or occupancy to protect
those in single or multiple occupancy commercial structures that do not normally require
building occupant notification.)
***Section 907.6.1; add Section 907.6.1.1 to read as follows:
907.6.1.1 Wiring Installation. All fire alarm systems shall be installed in such a manner that a
failure of any single initiating device or single open in an initiating circuit conductor will not
interfere with the normal operation of other such devices. All signaling line circuits (SLC) shall
be installed in such a way that a single open will not interfere with the operation of any
addressable devices (Class A). Outgoing and return SLC conductors shall be installed in
accordance with NFPA 72 requirements for Class A circuits and shall have a minimum of four
feet separation horizontal and one foot vertical between supply and return circuit conductors.
The initiating device circuit (IDC) from a signaling line circuit interface device may be wired
Class B, provided the distance from the interface device to the initiating device is ten feet or
less.
(Reason: To provide uniformity in system specifications and guidance to design engineers.
Improves reliability of fire alarm devices and systems.)
***Section 907.6.3; delete all four Exceptions.
(Reason: To assist responding personnel in locating the emergency event for all fire alarm
systems. This is moved from 907.6.5.3 in the 2012 IFC and reworded to match new code
language and sections.)
***Section 907.6.6; add sentence at end of paragraph to read as follows:
See 907.6.3 for the required information transmitted to the supervising station.
(Reason: To assist responding personnel in locating the emergency event for all fire alarm
systems. This is moved from 907.6.5.3 in the 2012 IFC and reworded to match new code
language and sections.)
***Section 907.9; change to read as follows:
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907.9 Where Required in Existing Buildings and Structures. An approved fire alarm system
shall be provided in existing buildings and structures where required by Chapter 11. Each
individual suite or occupancy, within a sprinklered building, that is not required in other sections
of this code, is required to provide audible notification to the building occupants, shall install an
audible fire alarm device with a temporal pattern horn connected to the fire alarm panel system
that provides notification of a fire alarm condition if one is detected in the building.
(Reason: To provide notification within each individual suite or occupancy to protect those in
single or multiple occupancy commercial structures that do not normally require building
occupant notification.)
***Section 909.22; add to read as follows:
909.22 Stairway or Ramp Pressurization Alternative. Where the building is equipped
throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 and the stair
pressurization alternative is chosen for compliance with Building Code requirements for a
smokeproof enclosure, interior exit stairways or ramps shall be pressurized to a minimum of 0.10
inches of water (25 Pa) and a maximum of 0.35 inches of water (87 Pa) in the shaft relative to
the building measured with all interior exit stairway and ramp doors closed under maximum
anticipated conditions of stack effect and wind effect. Such systems shall comply with Section
909, including the installation of a separate fire-fighter’s smoke control panel as per Section
909.16.
909.22.1 Ventilating equipment. The activation of ventilating equipment for the stair or ramp
pressurization system shall be by smoke detectors installed at each floor level at an approved
location at the entrance to the smokeproof enclosure. When the closing device for the stairway or
ramp shaft and vestibule doors is activated by smoke detection or power failure, the mechanical
equipment shall activate and operate at the required performance levels. Smoke detectors shall
be installed in accordance with Section 907.3.
909.22.1.1 Ventilation Systems. Smokeproof enclosure ventilation systems shall be independent
of other building ventilation systems. The equipment, control wiring, power wiring and ductwork
shall comply with one of the following:
1. Equipment, control wiring, power wiring and ductwork shall be located exterior to the
building and directly connected to the smokeproof enclosure or connected to the
smokeproof enclosure by ductwork enclosed by not less than 2-hour fire barriers
constructed in accordance with Section 707 of the Building Code or horizontal
assemblies constructed in accordance with Section 711 of the Building Code, or both.
2. Equipment, control wiring, power wiring and ductwork shall be located within the
smokeproof enclosure with intake or exhaust directly from and to the outside or
through ductwork enclosed by not less than 2-hour barriers constructed in accordance
with Section 707 of the Building Code or horizontal assemblies constructed in
accordance with Section 711 of the Building Code, or both.
3. Equipment, control wiring, power wiring and ductwork shall be located within the
building if separated from the remainder of the building, including other mechanical
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equipment, by not less than 2-hour fire barriers constructed in accordance with Section
707 of the Building Code or horizontal assemblies constructed in accordance with
Section 711 of the Building Code, or both.
Exceptions:
1. Control wiring and power wiring utilizing a 2-hour rated cable or cable system.
2. Where encased with not less than 2 inches (51 mm) of concrete.
3. Control wiring and power wiring protected by a listed electrical circuit protective
systems with a fire-resistance rating of not less than 2 hours.
909.21.1.2 Standby Power. Mechanical vestibule and stairway and ramp shaft ventilation
systems and automatic fire detection systems shall be provided with standby power in
accordance with Section 2702 of the Building Code.
909.22.1.3 Acceptance and Testing. Before the mechanical equipment is approved, the system
shall be tested in the presence of the fire code official to confirm that the system is operating in
compliance with these requirements.
(Reason: To assist with enforcement of such as a smoke control system, as per Section 909.6.3,
especially since a permit is now specifically required for such systems in the Fire Code. Also
ensures that a firefighter’s override panel is provided as per 909.16 for such systems. The above
amendment copies the applicable requirements for such systems from Section 909.20 of the
Building Code into the Fire Code. Although the published code did copy the elevator
pressurization requirements into the Fire Code, it did not copy over the stair pressurization
requirements.)
***Section 910.2; change Exception 2 and 3 to read as follows:
2. Only manual smoke and heat removal shall not be required in areas of buildings equipped
with early suppression fast-response (ESFR) sprinklers. Automatic smoke and heat removal is
prohibited.
3. Only manual smoke and heat removal shall not be required in areas of buildings equipped
with control mode special application sprinklers with a response time index of 50(m*S)1/2
or less that are listed to control a fire in stored commodities with 12 or fewer sprinklers.
Automatic smoke and heat removal is prohibited.
(Reason: Allows the fire department to control the smoke and heat during and after a fire event,
while still prohibiting such systems from being automatically activated, which is a potential
detriment to the particular sprinkler systems indicated.)
**Section 910.2; add subsections 910.2.3 with exceptions to read as follows:
910.2.3 Group H. Buildings and portions thereof used as a Group H occupancy as follows:
1. In occupancies classified as Group H-2 or H-3, any of which are more than 15,000 square
feet (1394 m2) in single floor area.
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Exception: Buildings of noncombustible construction containing only noncombustible
materials.
2. In areas of buildings in Group H used for storing Class 2, 3, and 4 liquid and solid
oxidizers, Class 1 and unclassified detonable organic peroxides, Class 3 and 4 unstable
(reactive) materials, or Class 2 or 3 water-reactive materials as required for a high-hazard
commodity classification.
Exception: Buildings of noncombustible construction containing only noncombustible
materials.
(Reason: Maintains a fire protection device utilized in such occupancies where it is sometimes
necessary to allow chemicals to burn out, rather than extinguish.)
***Section 910.3; add section 910.3.4, 910.3.4.1, and 910.3.4.2 to read as follows:
910.3.4 Vent Operation. Smoke and heat vents shall be capable of being operated by approved
automatic and manual means. Automatic operation of smoke and heat vents shall conform to the
provisions of Sections 910.3.4.1 through 910.3.4.2.
910.3.4.1 Sprinklered buildings. Where installed in buildings equipped with an approved
automatic sprinkler system, smoke and heat vents shall be designed to operate automatically.
The automatic operating mechanism of the smoke and heat vents shall operate at a temperature
rating at least 100 degrees F (approximately 38 degrees Celsius) greater than the temperature
rating of the sprinklers installed.
Exception: Manual only systems per Section 910.2.
910.3.4.2 Nonsprinklered Buildings. Where installed in buildings not equipped with an
approved automatic sprinkler system, smoke and heat vents shall operate automatically by
actuation of a heat-responsive device rated at between 100°F (56°C) and 220°F (122°C) above
ambient.
Exception: Listed gravity-operated drop out vents.
(Reason: Amendment continues to keep applicable wording from prior to the 2012 edition of the
IFC. Specifically, automatic activation criteria is no longer specifically required in the
published code. Specifying a temperature range at which smoke and heat vents should activate
in sprinklered buildings helps to ensure that the sprinkler system has an opportunity to activate
and control the fire prior to vent operation.)
***Section 910.4.3.1; change to read as follows:
910.4.3.1 Makeup Air. Makeup air openings shall be provided within 6 feet (1829 mm) of the
floor level. Operation of makeup air openings shall be manual or automatic. The minimum gross
area of makeup air inlets shall be 8 square feet per 1,000 cubic feet per minute (0.74 m2 per
0.4719 m3/s) of smoke exhaust.
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(Reason: Makeup air has been required to be automatic for several years now in this region
when mechanical smoke exhaust systems are proposed. This allows such systems to be activated
from the smoke control panel by first responders without having to physically go around the
exterior of the building opening doors manually. Such requires a significant number of first
responders on scene to conduct this operation and significantly delays activation and/or
capability of the smoke exhaust system.)
***Section 910.4.4; change to read as follows:
910.4.4 Activation. The mechanical smoke removal system shall be activated by manual
controls only automatically by the automatic sprinkler system or by an approved fire detection
system. Individual manual controls shall also be provided.
Exception: Manual only systems per Section 910.2.
(Reason: The provision of a manual only mechanical smoke removal system does not provide
equivalency with automatic smoke and heat vents. This amendment clarifies that the primary
intent is for automatic systems, unless exceptions are provided as in 910.2 – consistent with the
charging statements of the section.)
**Section 912.2.1.2; add Section 912.2.1.2 to read as follows:
912.2.1.2 Hydrant Distance. An approved fire hydrant shall be located within 100 feet of the
fire department connection as the fire hose lays along an unobstructed path.
(Reason: To accommodate limited hose lengths, improve response times where the FDC is
needed to achieve fire control, and improve ease of locating a fire hydrant in those situations
also. Also, consistent with NFPA 14 criteria.)
***Section 912.2.1.3; add Section 912.2.1.3 to read as follows:
912.2.1.3 Fire Department Connection Distance from Fire Lane. All fire department
connections shall be located within 50 feet of an approved fire lane access roadway.
(Reason: To accommodate limited hose lengths and improve response times where the FDC is
needed to achieve fire control)
**Section 913.2.1; add second paragraph and exception to read as follows:
When located on the ground level at an exterior wall, the fire pump room shall be provided with
an exterior fire department access door that is not less than 3 ft. in width and 6 ft. – 8 in. in
height, regardless of any interior doors that are provided. A key box shall be provided at this
door, as required by Section 506.1.
Exception: When it is necessary to locate the fire pump room on other levels or not at an
exterior wall, the corridor leading to the fire pump room access from the exterior of the
building shall be provided with equivalent fire resistance as that required for the pump room,
or as approved by the fire code official. Access keys shall be provided in the key box as
required by Section 506.1.
(Reason: This requirement allows fire fighters safer access to the fire pump room. The
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requirement allows access without being required to enter the building and locate the fire pump
room interior access door during a fire event. The exception recognizes that this will not always
be a feasible design scenario for some buildings, and as such, provides an acceptable alternative
to protect the pathway to the fire pump room.)
***Section 914.3.1.2; change to read as follows:
914.3.1.2 Water Supply to required Fire Pumps. In buildings that are more than 420 120 feet
(128 m) in building height, required fire pumps shall be supplied by connections to no fewer than
two water mains located in different streets. Separate supply piping shall be provided between
each connection to the
water main and the pumps. Each connection and the supply piping between the connection and
the pumps shall be sized to supply the flow and pressure required for the pumps to operate.
Exception: {No change to exception.}
(Reason: The 2009 edition of the IFC added this requirement based on a need for redundancy of
the water supply similar to the redundancy of the power supply to the fire pumps required for
such tall buildings, partially due to the fact that these buildings are rarely fully evacuated in a
fire event. More commonly, the alarm activates on the floor of the event, the floor above and the
floor below. Back-up power to the fire pump becomes critical for this reason. Certainly, the
power is pointless if the water supply is impaired for any reason, so a similar requirement is
provided here for redundant water supplies. The 2015 edition changes the requirement to only
apply to very tall buildings over 420 ft. This amendment modifies/lowers the requirement to 120
ft., based on this same height requirement for fire service access elevators. Again, the language
from the 2009 and 2012 editions of the code applied to any high-rise building. This compromise
at 120 ft. is based on the above technical justification of defend-in-place scenarios in fire
incidents in such tall structures.)
**Section 1006.2.2.6; add a new Section 1006.2.2.6 as follows:
1006.2.2.6 Electrical Rooms. For electrical rooms, special exiting requirements may apply.
Reference the Electrical Code as adopted.
(Reason: Cross reference necessary for coordination with the NEC which has exiting
requirements as well.)
***Section 1008.3.3; change exception 5 to read as follows:
5. All public restrooms with an area greater than 300 square feet (27.87 m²). in a building that is
required to provide illumination for the means of egress.
(Reason: Allow for visibility in all public restrooms in the event of power supply failure.)
**Section 1009.1; add the following Exception 4:
Exceptions:
Ordinance 814
Page 34 of 41
{previous exceptions unchanged}
4. Buildings regulated under State Law and built in accordance with State registered plans,
including any variances or waivers granted by the State, shall be deemed to be in
compliance with the requirements of Section 1009.
(Reason: To accommodate buildings regulated under Texas State Law and to be consistent with
amendments to Chapter 11.)
**Section 1010.1.9.4 Bolt Locks; change Exceptions 3 and 4 to read as follows:
Exceptions:
3. Where a pair of doors serves an occupant load of less than 50 persons in a Group B, F, M
or S occupancy. {Remainder unchanged}
4. Where a pair of doors serves a Group A, B, F, M or S occupancy {Remainder
unchanged}
(Reason: Application to M occupancies reflects regional practice; No. 4 expanded to Group A
due to it being a similar scenario to other uses; No. 4 was regional practice.)
***Section 1015.8 Window Openings; change number 1 to read as follows:
1. Operable windows where the top of the sill of the opening is located more than 75 feet (22
860 mm) 55 feet (16 764 mm) above the finished grade or other surface below and that are
provided with window fall prevention devices that comply with ASTM F 2006.
(Reason: In Option B jurisdictions, change "75 feet" to "55 feet", which coincides with high
rise.)
**Section 1020.1 Construction; add Exception 6 to read as follows:
6. In group B occupancies, corridor walls and ceilings need not be of fire-resistive construction
within a single tenant space when the space is equipped with approved automatic smoke-
detection within the corridor. The actuation of any detector shall activate self-annunciating
alarms audible in all areas within the corridor. Smoke detectors shall be connected to an
approved automatic fire alarm system where such system is provided.
(Reason: Revise the 2012 published NCTCOG amendment to this section to clarify intent is not
to require automatic fire alarm system or notification throughout the tenant space, but rather,
only in the corridor.)
**Section 1029.1.1.1; delete this section. Spaces under Grandstands and Bleachers:
(Reason: Unenforceable.)
**Section 1031.2; change to read as follows:
1031.2 Reliability. Required exit accesses, exits and exit discharges shall be continuously
maintained free from obstructions or impediments to full instant use in the case of fire or other
emergency when the building area served by the means of egress is occupied. An exit or exit
Ordinance 814
Page 35 of 41
passageway shall not be used for any purpose that interferes with a means of egress.
(Reason: Maintain legacy levels of protection and long-standing regional practice, and provide
firefighter safety.)
**Section 1103.3; add sentence to end of paragraph as follows:
Provide emergency signage as required by Section 607.3.
(Reason: Coordinates requirements of previous amendment.)
**Section 1103.5; add Section 1103.5.1 to read as follows:
1103.5.1 Spray Booths and Rooms. Existing spray booths and spray rooms shall be protected
by an approved automatic fire-extinguishing system in accordance with Section 2404.
(Reason: Consistent with amendment to IFC 2404, and long-standing regional requirement. The
published 1103.5.1 requiring sprinklers retroactively in A-2 occupancies was deleted by ICC
Errata.)
***Section 1103.7; add Section 1103.7.8 and 1103.7.8.1 to read as follows:
1103.7.8 Fire Alarm System Design Standards. Where an existing fire alarm system is
upgraded or replaced, the devices shall be addressable. Fire alarm systems utilizing more than
20 smoke and/or heat detectors shall have analog initiating devices.
Exception: Existing systems need not comply unless the total building, or fire alarm system,
remodel or expansion exceeds 30% of the building. When cumulative building, or fire alarm
system, remodel or expansion initiated after the date of original fire alarm panel installation
exceeds 50% of the building, or fire alarm system, the fire alarm system must comply within
18 months of permit application.
1103.7.8.1 Communication requirements. Refer to Section 907.6.6 for applicable
requirements.
(Reason: To assist responding personnel in locating the emergency event and provide clarity as
to percentages of work that results in a requirement to upgrade the entire fire alarm system.)
**Section 2304.1; change to read as follows:
2304.1 Supervision of Dispensing. The dispensing of fuel at motor fuel-dispensing facilities
shall be conducted by a qualified attendant or shall be under the supervision of a qualified
attendant at all times or shall be in accordance with Section 2204.3. the following:
1. Conducted by a qualified attendant; and/or,
2. Shall be under the supervision of a qualified attendant; and/or
Ordinance 814
Page 36 of 41
3. Shall be an unattended self-service facility in accordance with Section 2304.3.
At any time the qualified attendant of item Number 1 or 2 above is not present, such operations
shall be considered as an unattended self-service facility and shall also comply with Section
2304.3.
(Reason: Allows a facility to apply the attended and unattended requirements of the code when
both are potentially applicable.)
**Section 2401.2; delete this section.
(Reason: This section eliminates such booths from all compliance with Chapter 15 including,
but not limited to: size, ventilation, fire protection, construction, etc. If the product utilized is
changed to a more flammable substance, the lack of compliance with Chapter 15 could result in
significant fire or deflagration and subsequent life safety hazard.)
***Table 3206.2, footnote j; change text to read as follows:
j. Not required Where storage areas are protected by either early suppression fast response
(ESFR) sprinkler systems or control mode special application sprinklers with a response time
index of 50 (m • s) 1/2 or less that are listed to control a fire in the stored commodities with 12
or fewer sprinklers, installed in accordance with NFPA 13, manual smoke and heat vents or
manually activated engineered mechanical smoke exhaust systems shall be required within
these areas.
(Reason: Allows the fire department to control the smoke and heat during and after a fire event,
while ensuring proper operation of the sprinkler protection provided. Also, gives an alternative
to smoke and heat vents.)
**Section 3310.1; add sentence to end of paragraph to read as follows:
When fire apparatus access roads are required to be installed for any structure or development,
they shall be approved prior to the time at which construction has progressed beyond completion
of the foundation of any structure.
(Reason: Reference requirement of Section 501.4.)
**Section 5601.1.3; change to read as follows:
5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling, and use of fireworks
are prohibited.
Exceptions:
1. Only when approved for fireworks displays, storage, and handling of fireworks as
allowed in Section 5604 and 5608.
Ordinance 814
Page 37 of 41
2. Manufacture, assembly and testing of fireworks as allowed in Section 5605.
3.2. The use of fireworks for approved fireworks displays as allowed in Section 5608.
4. The possession, storage, sale… {Delete remainder of text.}
3. Unless in conformance with State Law.
(Reason: Restricts fireworks to approved displays only, which is consistent with regional
practice. Such is intended to help protect property owners and individuals from unintentional
fireworks fires within the jurisdiction, as well as to help protect individuals from fireworks
injuries.
**Section 5703.6; add a sentence to read as follows:
5703.6 Piping Systems. Piping systems, and their component parts, for flammable and
combustible liquids shall be in accordance with Sections 5703.6.1 through 5703.6.11. An
approved method of secondary containment shall be provided for underground tank and piping
systems.
(Reason: Increased protection in response to underground leak problems and remediation
difficulty in underground applications. Coordinates with TCEQ requirements.)
**Section 5704.2.9.5; change Section 5704.2.9.5 and add Section 5704.2.9.5.3 to read as
follows:
5704.2.9.5 Above-ground Tanks Inside of Buildings. Above-ground tanks inside of buildings
shall comply with Section 5704.2.9.5.1 and 5704.2.9.5.2 through 5704.2.9.5.3.
5704.2.9.5.1 {No change.}
5704.2.9.5.2 {No change.}
5704.2.9.5.3 Combustible Liquid Storage Tanks Inside of Buildings. The maximum
aggregate allowable quantity limit shall be 3,000 gallons (11 356 L) of Class II or III
combustible liquid for storage in protected aboveground tanks complying with Section
5704.2.9.7 when all of the following conditions are met:
1. The entire 3,000 gallon (11 356 L) quantity shall be stored in protected above-ground
tanks;
2. The 3,000 gallon (11 356 L) capacity shall be permitted to be stored in a single tank or
multiple smaller tanks;
3. The tanks shall be located in a room protected by an automatic sprinkler system
complying with Section 903.3.1.1; and
4. Tanks shall be connected to fuel-burning equipment, including generators, utilizing an
approved closed piping system.
Ordinance 814
Page 38 of 41
The quantity of combustible liquid stored in tanks complying with this section shall not be
counted towards the maximum allowable quantity set forth in Table 5003.1.1(1), and such tanks
shall not be required to be located in a control area. Such tanks shall not be located more than
two stories below grade.
(Reason: Relocated from exception to 603.3.2.1 as published, as per reason statement for
deletion in that section.)
**Section 5704.2.11.4; add a sentence to read as follows:
5704.2.11.4 Leak Prevention. Leak prevention for underground tanks shall comply with
Sections 5704.2.11.4.1 and 5704.2.11.5.2 through 5704.2.11.4.3. An approved method of
secondary containment shall be provided for underground tank and piping systems.
(Reason: Increased protection in response to underground leak problems and remediation
difficulty in underground applications.)
**Section 5704.2.11.4.2; change to read as follows:
5704.2.11.4.2 Leak Detection. Underground storage tank systems shall be provided with an
approved method of leak detection from any component of the system that is designed and
installed in accordance with NFPA 30 and as specified in Section 5704.2.11.4.3.
(Reason: Reference to IFC Section 5704.2.11.4.3 amendment.)
**Section 5704.2.11.4; add Section 5704.2.11.4.3 to read as follows:
5704.2.11.4.3 Observation Wells. Approved sampling tubes of a minimum 4 inches in diameter
shall be installed in the backfill material of each underground flammable or combustible liquid
storage tank. The tubes shall extend from a point 12 inches below the average grade of the
excavation to ground level and shall be provided with suitable surface access caps. Each tank
site shall provide a sampling tube at the corners of the excavation with a minimum of 4 tubes.
Sampling tubes shall be placed in the product line excavation within 10 feet of the tank
excavation and one every 50 feet routed along product lines towards the dispensers, a minimum
of two are required.
(Reason: Provides an economical means of checking potential leaks at each tank site.)
**Section 6103.2.1; add Section 6103.2.1.8 to read as follows:
6103.2.1.8 Jewelry Repair, Dental Labs and Similar Occupancies. Where natural gas service
is not available, portable LP-Gas containers are allowed to be used to supply approved torch
assemblies or similar appliances. Such containers shall not exceed 20-pound (9.0 kg) water
capacity. Aggregate capacity shall not exceed 60-pound (27.2 kg) water capacity. Each device
Ordinance 814
Page 39 of 41
shall be separated from other containers by a distance of not less than 20 feet.
(Reason: To provide a consistent and reasonable means of regulating the use of portable LP-Gas
containers in these situations. Reduces the hazard presented by portable containers when
natural gas is already available. Please note that current State Law does not allow for the
enforcement of any rules more stringent than that adopted by the State, so this amendment is
only applicable as to the extent allowed by that State Law.)
**Section 6104.2, Exception; add an exception 2 to read as follows:
Exceptions:
1. {existing text unchanged}
2. Except as permitted in Sections 308 and 6104.3.2, LP-gas containers are not
permitted in residential areas.
(Reason: To provide a consistent and reasonable means of regulating the use LP-Gas
containers. Reduces the hazard presented by such containers when natural gas is already
available. References regional amendment to IFC 6104.3.2. Please note that current State Law
does not allow for the enforcement of any rules more stringent than that adopted by the State, so
this amendment is only applicable as to the extent allowed by that State Law.)
**Section 6104.3; add Section 6104.3.2 to read as follows:
6104.3.2 Spas, Pool Heaters, and Other Listed Devices. Where natural gas service is not
available, an LP-gas container is allowed to be used to supply spa and pool heaters or other listed
devices. Such container shall not exceed 250-gallon water capacity per lot. See Table 6104.3
for location of containers.
Exception: Lots where LP-gas can be off-loaded wholly on the property where the tank is
located may install up to 500 gallon above ground or 1,000 gallon underground approved
containers.
(Reason: Allows for an alternate fuel source. Dwelling density must be considered and possibly
factored into zoning restrictions. Reduces the hazard presented by over-sized LP-Gas containers.
Please note that current State Law does not allow for the enforcement of any rules more
stringent than that adopted by the State, so this amendment is only applicable as to the extent
allowed by that State Law.)
***Section 6107.4 and 6109.13; change to read as follows:
6107.4 Protecting Containers from Vehicles. Where exposed to vehicular damage due to
proximity to alleys, driveways or parking areas, LP-gas containers, regulators and piping shall be
protected in accordance with NFPA 58 Section 312 of the International Fire Code.
Ordinance 814
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6109.13 Protection of Containers. LP-gas containers shall be stored within a suitable enclosure
or otherwise protected against tampering. Vehicle impact protection shall be provided as
required by Section 6107.4.
Exception: Vehicle impact protection shall not be required for protection of LP-gas
containers where the containers are kept in lockable, ventilated cabinets of
metal construction.
(Reason: NFPA 58 does not provide substantial physical protection [it allows raised sidewalks,
fencing, ditches, parking bumpers as ‘vehicle barrier protection’] of the container(s) from
vehicular impact as is required and has been required historically, as per Section 312, i.e.
bollard protection. Further, the exception to Section 6109.13 would allow for portable
containers in ventilated metal cabinets to not require any physical protection whatsoever from
vehicular impact, regardless of the location of the containers. Please note that current State Law
does not allow for the enforcement of any rules more stringent than that adopted by the State, so
this amendment is only applicable as to the extent allowed by that State Law.)
*** Table B105.2; change footnote a. to read as follows:
a. The reduced fire-flow shall be not less than 1,000 1,500 gallons per minute.
(Reason: The minimum fire-flow of 1,500 gpm for other than one- and two- family dwellings has
existed since the 2000 edition of the IFC, as well as the Uniform Fire Code before that. Little to
no technical justification was provided for the proposed code change at the code hearings. The
board believes that the already-allowed 75 percent reduction in required fire-flow for the
provision of sprinkler protection is already a significant trade-off. The minimum 1,500 gpm is
not believed to be overly stringent for the vast majority of public water works systems in this
region, especially since it has existed as the requirement for so many years. Further, the
continued progression of trading off more and more requirements in the codes for the provision
of sprinkler protection has made these systems extremely operation-critical to the safety of the
occupants and properties in question. In other words, should the sprinkler system fail for any
reason, the fire-flow requirements drastically increase from that anticipated with a sprinkler-
controlled fire scenario.
SECTION 3: That this Ordinance shall be cumulative of all other Town Ordinances
and all other provisions of other Ordinances adopted by the Town which are inconsistent with
the terms or provisions of this Ordinance are hereby repealed.
SECTION 4: That any person violating any provision of this Chapter may be issued a
citation and upon conviction thereof, the person shall be deemed guilty of a misdemeanor and
punished as provided in subsection 1-9 of the Code of Ordinance of the Town of Westlake. Each
24-hour period of violation, and each separate act or condition in violation of this Chapter, shall
constitute a separate offense.
Ordinance 814
Page 41 of 41
SECTION 5: It is hereby declared to be the intention of the Town Council of the Town
of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are
severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be
declared legally invalid or unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same
would have been enacted by the Town Council of the Town of Westlake without the
incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence,
paragraph or section.
SECTION 6: This ordinance shall take effect immediately from and after its passage as
the law in such case provides.
PASSED AND APPROVED ON THIS 23RD DAY OF JANUARY 2017.
_____________________________
ATTEST: Laura Wheat, Mayor
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
estlake Town Council
TYPE OF ACTION
Regular Meeting - Consent
Westlake Town Council Meeting
Monday, January 23, 2017
TOPIC: Consider approval of Ordinance amending and establishing a new Water
and Wastewater Rate and Fee Schedule, and repealing Ordinance 757.
STAFF CONTACT: Jarrod Greenwood, Public Works Director/Assistant to the Town Manager
Strategic Alignment
Vision, Value, Mission Perspective Strategic Theme & Results Outcome
Objective
Fiscal Responsibility Fiscal Stewardship
Exemplary Service & Governance
- We set the standard by delivering
unparalleled municipal and
educational services at the lowest
cost.
Increase Financial
Capacity / Reserves
Strategic Initiative
Fees Increase at Rate of Inflation
Time Line - Start Date: January 23, 2017 Completion Date: January 23, 2017
Funding Amount: N/A Status - N/A Source - Utility Fund
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
The current utility rates and structure was adopted at the December 14, 2015 regular Town
Council meeting.
The purpose of a rate study is to determine whether the Utility Fund is accomplishing full
recovery of cost of services while maintaining an appropriate fund reserve balance in accordance
with the Town’s adopted Financial Policy.
The rate performed by Mrs. Carolyn Marshall provides a comprehensive review of historical
water/sewer consumption and revenues, capital assets, depreciation, operation and maintenance
expenses, debt, and revenues. Several issues that are affecting the proposed rates include the
proposed Phase 2 Fort Worth water line project, City of Southlake sanitary sewer payment
increase, and TRA wholesale rate alignment.
• The proposed Phase 2 City of Fort Worth waterline would cost approximately $4.0 M
and start in FY 2017/2018 FY.
• Part of the Town’s sanitary sewer effluent goes directly to TRA and we pay TRA for the
metered flows. The remaining sanitary effluent goes to the N-1 sanitary sewer line and
we pay the City of Southlake directly for the metered flows through N-1 sewer line.
Southlake staff notified us in October 2016 that they were not billing Westlake
accurately, resulting in under billing by approximately $40,000 per month.
• The current residential and commercial wastewater rates, $5.85 and $6.85 respectively,
did not increase in 2016. The current TRA wholesale rate is $7.30/1,000 gals.
o Proposed residential volume rate still does not cover TRA rate 100%
o Proposed commercial volume rate does cover TRA rate
RECOMMENDATION AND ATTACHMENTS
Staff recommends approval.
Ordinance
Ordinance 815
Page 1 of 4
TOWN OF WESTLAKE
ORDINANCE NO. 815
AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING AND ESTABLISHING
A NEW WATER AND WASTEWATER RATE AND FEE SCHEDULE; REPEALING
ORDINANCE 757 IN ITS ENTIRETY; PROVIDING A PENALTY; PROVIDING A
CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Westlake finds the provision of water and
wastewater services throughout the Town of Westlake, Texas, (the “Town”) is of vital importance
to the health, safety and welfare of the citizens of the Town; and
WHEREAS, the Town Council of the Town of Westlake finds the proposed Water and
Wastewater rate and fee schedule provides sufficient recovery of cost of services while
maintaining an appropriate fund reserve balance in accordance with the Town’s adopted Financial
Policy; and
WHEREAS, the Town Council repeals Ordinance 757 in its entirety to consolidate the
Water and Wastewater rate and fee schedule; and
WHEREAS, upon the recommendation of the Public Works Department, the Town
Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests of the Town
and its citizens that the proposed Water and Wastewater rates should be approved and adopted.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
WESTLAKE, TEXAS:
SECTION 1: That all matters stated in the preamble are found to be true and correct and
are incorporated herein as if copied in their entirety.
SECTION 2: That That the Town Council does hereby approve the Water and Wastewater
rate and tap fee schedule as shown on Exhibit “A” hereto, which said exhibit is hereby
incorporated in its entirety as if fully set forth.
SECTION 3: That all provisions of this ordinance shall remain in full force and effect.
SECTION 4: That this Ordinance shall be cumulative of all other Town Ordinances and
all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms
or provisions of this Ordinance are hereby repealed.
Ordinance 815
Page 2 of 4
SECTION 5: That any person, firm or corporation violating any of the provisions or terms
of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of
the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of
five hundred dollars ($500.00) for each offense. Each day that a violation is permitted to exist
shall constitute a separate offense.
SECTION 6: It is hereby declared to be the intention of the Town Council of the Town
of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable,
and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally
invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs or sections of this Ordinance since the same would have been enacted by
the Town Council of the Town of Westlake without the incorporation in this Ordinance of any
such legally invalid or unconstitutional, phrase, sentence, paragraph or section.
SECTION 7: This ordinance shall take effect immediately from and after its passage as
the law in such case provides.
PASSED AND APPROVED ON THIS 23rd DAY OF JANUARY 2017.
_____________________________
ATTEST: Laura Wheat, Mayor
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
Ordinance 815
Page 3 of 4
Exhibit A
Base Service
Charges
Residential Commercial
Meter
Size Water Sewer Water Sewer
3/4" $50.40 $39.00 $54.60 $46.00
1" $84.17 $72.00 $91.18 $86.00
1 1/2" $167.83 $132.00 $181.82 $158.00
2" $268.63 $209.00 $291.02 $251.00
3" $588.17 $451.00 $637.18 $541.00
4" $1,058.40 $770.00 $1,146.6 $924.00
6" $1,735.65 $1,595.00 $4,045.65 $1,771.00
8" $2,523.15 $2,310.00 $5,085.15 $2,552.00
Volume Charge Rate per
1,000 gallons
Residential Commercial
Volume
(gallons) Water Sewer Water Sewer
0 - 2,000 $4.11 $0.00 $4.53 $7.85
2,001 -
20,000 $4.11 $6.85 $4.53 $7.85
20,001 -
40,000 $5.39 $6.85 $5.93 $7.85
40,001 -
400,000 $6.65 $6.85 $7.32 $7.85
over
400,000 $8.60 $6.85 $9.46 $7.85
Ordinance 815
Page 4 of 4
Deposits
Residential Commercial
Meter
Size Water Sewer Water Sewer
3/4" $90 $60 $75 $60
1" $150 $100 $100 $100
1 1/2" $300 $200 $250 $200
2" $480 $320 $500 $320
3" $1,050 $700 $1,000 $700
4" $1,800 $1,200 $2,500 $1,200
6" $3,750 $2,500 $3,500 $2,500
8" $5,400 $3,600 $5,000 $3,600
Tap Fees
Water Connection
Minimum Service
Tap Fee**
Meter Size
Meter set on
Existing
Service Line Tap Fee
Street
Cut/Bore
3/4" $600 $1,100 $1,000
1" $650 $1,250 $1,100
1 1/2" $875 $1,750 $1,275
2" Disc $1,100 $1,800 $1,400
Sewer Connection
Minimum Service
Tap Fee**
Depth
Existing
Service Line Tap Fee
Street
Cut/Bore
0 - 6 feet $375 $450 $1,000
6 - 12 feet $375 $750 $1,200
12 - 18 feet $375 $1,050 $1,600
** 2" Compound & larger, or unusual installation conditions,
fee to be actual cost to Town plus 10%.
Tap fees for connection installed by Town will be added to
meter set fees.
Does not include City of Fort Worth water or other impact
fees.
estlake Town Council
TYPE OF ACTION
Regular Meeting - Action Item
Westlake Town Council Meeting
Monday, January 23, 2017
TOPIC: Discussion and Consideration of a Resolution Authorizing Staff To Enter
Into Negotiations With A Construction Manager At-Risk For Construction
Services Establishing A Guaranteed Maximum Price For The Fire & Ems
Station No. 1.
STAFF CONTACT: Troy J. Meyer, Facilities Director
Strategic Alignment
Vision, Value, Mission Perspective Strategic Theme & Results Outcome
Objective
Mission: Westlake is a
unique community blending
preservation of our natural
environment and
viewscapes, while serving
our residents and businesess
with superior municipal and
academic services that are
accessible, efficient, cost-
effective, & transparent.
People, Facilities, &
Technology
Exemplary Service & Governance
- We set the standard by delivering
unparalleled municipal and
educational services at the lowest
cost.
Improve Technology,
Facilities &
Equipment
Strategic Initiative
Outside the Scope of Identified Strategic Initiatives
Time Line - Start Date: January 23, 2017 Completion Date: October 31, 2018
Funding Amount $9.2M Status - Funded Source - Bond Issuance
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
On December 12, 2016, the Council approved the Brown Reynolds Watford Architects (BRW) to
provide architectural services for Fire–EMS Station No. 1. The architectural scope of work
includes the design of a fire station with an approximate 4-bay drive through for apparatus and fire
administration with a training/EOC room. If the budget allows, the following alternates will be
considered, three (3) story hose tower and fueling station. The next step was to solicit Request for
Qualification (RFQ) for a construction manager at-risk for the project.
The RFQ for Fire–EMS Station No. 1 project was published in the December 3rd and 4th, 2016
edition of the Star-Telegram. We received two proposals on January 6th from the following firms:
1. Steele & Freeman- Fix Fee - 3%
2. Core Construction –Fix Fee - 4%
Interviews with the Construction Manager (CM) at Risk firms were conducted on the 13th of
January. A team of staff members ranked each proposal based on their related experience in
educational projects, team job experience, delivering the CM at Risk method of construction,
current jobs and fees. The staff will recommend a CM at Risk contractor for the Fire–EMS Station
No. 1 on January 23. The staff members who participated in the interview include Troy Meyer,
Jarrod Greenwood, Richard Whitten, John Ard, Pat Cooke.
The next step is to engage the Construction Manager in the design phase of the project. Once the
construction documents are at 80% to 90% of completion and the CM complete the bid process,
staff will start the negotiation process to establish a guaranteed maximum price for the project.
After a price is established, an agreement will be presented to the Town Council for approval in
August.
RECOMMENDATION
Staff recommends Council authorizing the Town Manager to enter into negotiations for a
construction manager at-risk services too establishing a guaranteed maximum price for the Fire–
EMS Station No. 1.
ATTACHMENTS
Resolution
Resolution 17-02
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION NO. 17-02
A RESOLUTION OF THE TOWN COUNCIL AUTHORIZING THE TOWN MANAGER
TO ENTER INTO NEGOTIATIONS WITH A CONSTRUCTION MANAGER AT RISK
FOR CONSTRUCTION SERVICES ESTABLISHING A GUARANTEED MAXIMUM
PRICE FOR FIRE AND EMS STATION.
WHEREAS, the Town’s current Fire-EMS services have been operating out of a
temporary facility for the past 12 years; and
WHEREAS, our current population growth in residential and commercial development
has outpaced our fire station capabilities and,
WHEREAS, the next phase is to enter into negotiation with a construction manager at
risk firm for services and establish a guaranteed maximum price for the Fire–EMS Station No. 1
project; and
WHEREAS, Once construction documents are at 80% to 90%, staff will begin the
negotiation process to establish a guaranteed maximum price for the project and present said price
to the Town Council for approval in August; and
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the citizens of Westlake.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and
correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2: That the Town of Westlake Town Council does hereby authorizing the
Town Manager to enter into negotiation with a construction manager at-risk firm establishing a
guaranteed maximum price for the Fire–EMS Station No. 1 project.
SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
Resolution 17-02
Page 2 of 2
SECTION 4: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 23 DAY OF JANUARY 2017.
ATTEST: _____________________________
Laura L. Wheat, Mayor
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
estlake Town Council
TYPE OF ACTION
Regular Meeting - Action Item
Monday, January 23, 2017
TOPIC: Conduct a public hearing and consider approval of amendments to
Ordinance 780, which approved a Specific Use Permit granting private
streets, gated access, and other conditions for the Estates of Quail Hollow
subdivision, located at the southeast corner of FM 1938 and Dove Road, in
order to approve the addition of a guardhouse and associated entryway
features.
STAFF CONTACT: Ron Ruthven, Director of Planning and Development
Joel Enders, Development Coordinator & Management Analyst
Strategic Alignment
Vision, Value, Mission Perspective Strategic Theme & Results Outcome
Objective
Mission: Westlake is a
unique community blending
preservation of our natural
environment and
viewscapes, while serving
our residents and businesess
with superior municipal and
academic services that are
accessible, efficient, cost-
effective, & transparent.
Citizen, Student &
Stakeholder
High Quality Planning, Design &
Development - We are a desirable
well planned, high-quality
community that is distinguished by
exemplary design standards.
Preserve Desirability
& Quality of Life
Strategic Initiative
Outside the Scope of Identified Strategic Initiatives
Time Line - Start Date: January 10, 2017 Completion Date: January 23, 2017
Funding Amount: 00.00 Source - N/A
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
In March 2016 the Town Council approved a Specific Use Permit (SUP) request for gated access
and private streets relative to the proposed Estates of Quail Hollow subdivision, which was then
in the planning stages. At the time of the original SUP approval, the developer anticipated that
access control would operate via automated gate, similar to Glenwyck Farms or Granada.
However, as the project progressed, feedback from potential residents indicated that a manned
access point would be preferable to a gate-only design. Accordingly, the developer is requesting
an amendment to the subdivision’s existing SUP to provide for an approximately 1000 square
foot security station that could also be used as a meeting space. The structure would be located
at Quail Hollow’s main entryway along the east side of FM 1938. If approved, the attached site
plan and elevations will be added to the existing SUP.
Staff finds that the attached site plan and elevations do not conflict with the existing SUP
requirements specified in Ordinance 780 (attached) or the subdivision’s underlying zoning (R-1).
RECOMMENDATION
Staff recommends approval of this Specific Use Permit amendment as proposed.
The Planning and Zoning Commission recommended approval of this item on 1/10/2017.
ATTACHMENTS
1. Site Overview Map
2. Ordinance amending Quail Hollow Specific Use Permit
a. Ordinance Exhibit A: guardhouse site plan, elevations, and associated entryway
features.
SUP-12-20-16
SITE MAP
Ordinance 816
Page 1 of 4
TOWN OF WESTLAKE
ORDINANCE NO. 816
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING A SPECIFIC
USE PERMIT APPROVED BY ORDINANCE 780, WHICH GRANTED PRIVATE
STREETS, GATED ACCESS, AND OTHER CONDITIONS FOR THE ESTATES OF
QUAIL HOLLOW, AN APPROXIMATE 188 ACRE TRACT GENERALLY LOCATED
AT THE SOUTHEAST CORNER OF THE INTERSECTION OF FM 1938/DAVIS
BOULEVARD AND DOVE ROAD. PROVIDING A PENALTY; PROVIDING A
CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas is a general law municipality; and
WHEREAS, Ordinance 780 granted a Specific Use Permit (SUP) for private streets, gated
access to those streets and other conditions for the Estates of Quail Hollow, an approximate 188
acre tract generally located near the southeast corner of FM 1938/Davis Boulevard and Dove Road;
and
WHEREAS, the Town Council of the Town of Westlake finds it necessary for the public
health, safety and welfare that development occur in a controlled and orderly manner; and
WHEREAS, following provision of proper legal notice, including written notice to
owners within 200 feet of the subject property, published notice and posted notice in accordance
with the Texas Open Meetings Act of public hearing, a public hearing was held on January 10,
2017 by the Planning and Zoning Commission (Commission) whereby the Commission
recommended to the Town Council approval of the amendment to Ordinance 780 shown in
attached Exhibit A; and
WHEREAS, following provision of proper legal notice, including written notice to owners
within 200 feet of the subject property, published notice and posted notice in accordance with the
Texas Open Meetings Act of public hearing, a public hearing was held on January 23, 2017 by the
Town Council; and
WHEREAS, the Council believes that the interests of the Town, the present and future
residents and citizens of the Town, and developers of land within the Town, are best served by
adopting this Ordinance, which the Council has determined to be consistent with the 2015
Comprehensive Plan and its Land Use Map, Thoroughfare Plan, and Open Space Plan, all as
amended to date; and
WHEREAS, upon the recommendation of the Planning and Zoning Commission and
after a public hearing, the Town Council of the Town of Westlake, Texas, is of the opinion that it
is in the best interests of the Town and its citizens that this amendment to Ordinance 780, shown
in attached Exhibit A, should be approved and adopted.
Ordinance 816
Page 2 of 4
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
WESTLAKE, TEXAS:
SECTION 1: That all matters stated in the preamble are found to be true and correct and
are incorporated herein as if copied in their entirety.
SECTION 2: That the following amendments to Ordinance 780 as shown in EXHIBIT
A are hereby authorized.
SECTION 3: That this Ordinance shall be cumulative of all other Town Ordinances and
all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms
or provisions of this Ordinance are hereby repealed.
SECTION 4: That any person, firm or corporation violating any of the provisions or terms
of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of
the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of
Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist
shall constitute a separate offense.
SECTION 5: It is hereby declared to be the intention of the Town Council of the Town
of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable,
and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally
invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs or sections of this Ordinance since the same would have been enacted by
the Town Council of the Town of Westlake without the incorporation in this Ordinance of any
such legally invalid or unconstitutional, phrase, sentence, paragraph or section.
Ordinance 816
Page 3 of 4
SECTION 6: This ordinance shall take effect immediately from and after its passage as
the law in such case provides.
PASSED AND APPROVED ON THIS 23rd DAY OF JANUARY 2017.
__________________________________
ATTEST: Laura Wheat, Mayor
____________________________ __________________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
Ordinance 816
Page 4 of 4
EXHIBITS
EXHIBIT A Guard Station Site Plan and Elevations
DAVIS BOULEVARD
WALLSIGNFOUNTAINGUARD
STATION
'PICASSO'GATEDROP GATEACCESSSUP AMENDMENTMAIN ENTRY & GUARD STATIONCOVER PAGE
estlake Town Council
TYPE OF ACTION
Regular Meeting - Action Item
Monday, January 23, 2017
TOPIC: Conduct a public hearing and consider amendments to Chapter 102 –
Zoning in the Westlake Code of Ordinances in order to approve standards
for the transfer of development intensity along with other minor related
amendments
STAFF CONTACT: Ron Ruthven, Director of Planning and Development
Strategic Alignment
Vision, Value, Mission Perspective Strategic Theme & Results Outcome
Objective
Mission: Westlake is a
unique community blending
preservation of our natural
environment and
viewscapes, while serving
our residents and businesess
with superior municipal and
academic services that are
accessible, efficient, cost-
effective, & transparent.
Citizen, Student &
Stakeholder
High Quality Planning, Design &
Development - We are a desirable
well planned, high-quality
community that is distinguished by
exemplary design standards.
Preserve Desirability
& Quality of Life
Strategic Initiative
Comprehensive Plan Implementation
Time Line - Start Date: January 10, 2017 Completion Date: January 23, 2017
Funding Amount: 00.00 Status - Not Funded Source - N/A
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
On March 2, 2015, the Town Council adopted the current Town of Westlake Comprehensive Plan
– Forging Westlake. A major focus of Forging Westlake (the Plan), based on citizen input, was
preservation of Westlake’s view corridors and scenic topography. This lead to identification of
the Town’s view corridors and view sheds in the Plan, as well as ways to incent their preservation,
especially from the portions of the Town that lie south of the major ridge lines that traverse
Westlake.
Having adopted the Plan, attention has turned to tools needed to implement it, especially this
cornerstone of the Plan of preserving the Town’s scenic view corridors for the residential uses that
lie south of the Town’s ridge line. A key implementation provision of the Plan involves adoption
of policies that allow the transferring of more intense commercial uses that have yet to be
developed but are, nonetheless, entitled through existing planned development zoning districts,
from one portion of the Town to another. In general, these more intense commercial uses would
be transferred from areas located primarily in the southern portion of the Town that are located
close to established residential areas with large areas of open space, to the north in areas that are
primarily located along SH 114 and SH170.
This concept is called “Transfer of Development Intensity” (TDI) and is proposed to be
implemented with a TDI ordinance. Staff has been working on this draft TDI ordinance since this
was last discussed with the Commission in 2015. Legal staff as well as key stakeholders from the
development community have reviewed and provided input into the proposed TDI standards.
The Planning & Zoning Commission held a workshop on the proposed standards on November
28, 2016 and the Town Council held a workshop on December 12, 2016. The standards are
proposed to be adopted as an amendment to Chapter 102 – Zoning in the Westlake Code of
Ordinances under Division 4 of Article 7 – Planned Development District Regulations.
Provisions for Public Art
Subsequent to the January 10, 2017 Planning and Zoning Commission meeting, as recommended
by Mesa Planning in order to aid in more effective promotion of the placement of public art per
the recommendations of the comprehensive plan, staff has added the following provisions for
public art, to Section 102-293(d) & (e) as follows:
“d. When the Public Land Set Aside is an Open Space and advances the Plan of Westlake
Academy, the final bonus non-residential square footage or residential units added to
the Transfer may increase by 15%.
e. When the applicant for a Severance or a Transfer supports the Westlake Public Art
Program in any of the following ways, the applicant shall qualify for a bonus under
this bonus Section:
1. When the applicant is a sponsor of a Public Art Competition Event and assumes
the financial costs thereof (including prize awards), that applicant may receive a
bonus at transfer of the Severed Development Intensity equal to 15% of the Severed
Intensity or an additional 15 % bonus added to any bonus received in accordance
with item “C” or “D”, above (whichever constitutes the larger bonus benefit.)
2. When the applicant donates to the acquisition of Public Art or acquires Public Art
for the benefit of the Town and that acquisition is approved and supported by the
Town Manager, or designee, and the value of that acquisition is equal to, or greater
than, the normal cost of sponsoring a “Competition event” (described in “a.”
above); that applicant may receive a bonus at transfer of Severed Development
Intensity equal to 15% of the Severed Intensity or an additional 15 % bonus added
to any bonus received in accordance with item “C” or “D”, above (whichever
constitutes the larger bonus benefit.).”
PLANNING AND ZONING COMMISSION RECOMMENDATION
The Planning and Zoning Commission recommended approval on January 10, 2017.
RECOMMENDATION
Staff recommends approval of the TDI standards as drafted.
ATTACHMENTS
1. Proposed Amendments to Chapter 102 - Zoning
2. Mesa Presentation from December 12, 2016 Town Council meeting
3. Ordinance
Page 1
DIVISION 4. – TRANSFER OF DEVELOPMENT INTENSITY
Section 102-288. – Short Title. These regulations shall be known and may be cited as the “Transfer of
Development Intensity Program Regulations” or simply as the “TDI Regulations”.
Section 102-289. – Purpose. Where eligible, and where approved according to the standards and
processes established in this Article, the purpose of this Article is to implement the Town’s
Comprehensive Plan (as adopted by Ordinance 747 and hereafter as may be amended). Specifically,
implementation of the Town’s Comprehensive Plan, as it relates to this Article, pertains to:
a. The Plan’s stated intent to preserve various view corridors via massing of certain permitted uses
in certain zoning districts while off-setting that massing by decreasing zoning use intensities in
other district(s). The Town’s Comprehensive Plan sets out those areas in the Town where view
corridor preservation may be achieved by increasing or decreasing development mass of
approved zoning.
b. The Plan’s stated intent to better distribute and better manage the traffic volumes generated by
future development.
c. Facilitate implementation of open space and public facility needs as set out by the
Comprehensive Plan.
These stated purposes can be implemented by the massing of development intensity associated with
certain permitted land uses in one zoning district while decreasing the development intensity associated
with permitted land uses in another district and shall be termed, “Transfer of Development Intensity” or
TDI. The transfer of Development Intensity may be between identical permitted land uses in both the
Sending Area and the Receiving District PD/ PD Planning Area or between dissimilar Sending District/
Receiving Land Uses when the Sending District Land Use has been converted to a permitted Land Use in
the Receiving District PD/ PD Planning Area. In no event shall a TDI application represent a net increase
in permitted development Intensity when considering both sending and receiving zoning districts in the
aggregate for a Transfer between identical land uses or an increase in permitted Development Intensity
as converted in accordance with this Article, unless a Development Intensity Bonus has been granted in
accordance with Section 6 of this Article.
Section 102-290. – Definitions. Definitions in this Article are intended only for certain key terms integral
to describing the TDI process, and is not meant to be an exhaustive list of all terms contained in the all
of the Town’s zoning regulations.
“Building Envelope” shall mean the recommended building space of a lot, parcel, or tract located in a
Receiving District. The Building Envelope is a buildable space as described by the height, non-residential
FAR (floor to area ratio), and/or Residential Unit Density as recommended in Exhibit A.
Proposed Amendments Chapter 102 - Zoning
Page 1 of 17
Page 2
“Community Character District” shall mean specific zones identified on the Comprehensive Plan Land
Use Plan Element and used to identify sub-zones of the Receiving District where different Building
Envelope capacity (expressed as Building Height, FAR, and/or Residential Unit Density) is specified.
“Comprehensive Plan” is the general development plan for the Town as adopted by the Town Council on
March 2, 2015 by Ordinance 747 and may, from time to time, be amended by said Council.
“Development Intensity” shall mean the eligible square footage of a non-residential use permitted in a
PD/ PD Planning Area or the number of residential units of a residential use permitted in a PD/ PD
Planning Area that are eligible to be considered for severance or transfer in accordance with the
provisions of this Article. Only Eligible Development Intensity shall be considered in any request for
severance or as a base level to which Development Intensity can be added through Transfer. The
Development Intensity eligible to be considered in the TDI program are documented in Exhibit B for all
properties zoned as a Planned Development at the time this ordinance is adopted. Future Planned
Developments will necessitate a revision of Exhibit B when such future Planned Developments are
approved by the Town Council. Development Intensity may be severed from a Planned Development
and transferred to a Planned Development as permitted by this Article and in accordance with the
processes described herein. In any transfer of Development Intensity, the development square footage
and/ or residential uses transferred must be associated with an identical use that is permitted in both
the Sending District PD/ PD Planning Area and the Receiving District PD/ PD Planning Area or the
development intensity from a Sending Area associated with a Land Use that is not permitted in the
Receiving District PD/ PD Planning Area or is not the same as the land use to which the transferred
Development Intensity will be assigned, must be converted to a specific use permitted in the Receiving
District, in accordance with Section 8 of this Article. The calculation of all conversions must comply with
the conversion rates established in Exhibit D. Land Uses may only be converted into non-residential use;
there shall be no conversion of a non-residential use or a residential use into a multi-family residential
use.
“Development Intensity Bonus” means an additional square foot of transferred Development Intensity
allowed for each square foot of Development Intensity severed from a Sending Property as an incentive
for setting aside Public Land described in this ordinance (Section 6). Development Intensity Bonuses are
added to the Development Intensity, severed from a Sending District PD/PD Planning Area upon
Transfer and do not increase or diminish the Development Intensity that has not been severed. A
Development Intensity Bonus is added to the Development Intensity severed after severance, thereby
increasing the total Development Intensity Transferred. The Sending District party may benefit from the
bonus if the bonus is granted for Public Land set aside by the Sending District party. However, if bonus
is granted for Public Land set aside by the Receiving District party, then the benefits of the Transfer
accrue to the Receiving District party.
“Development Plan” is a specific plan describing how a PD/ PD Planning Area is to be developed
according to its approved uses in the ordinance establishing that particular PD/ PD Planning Area as it
Proposed Amendments Chapter 102 - Zoning
Page 2 of 17
Page 3
may be amended from time to time. Further, where applicable, the Development Plan for a PD/ PD
Planning Area is subject to the general requirements of the Town’s PD regulations.
“Dual Eligibility Districts” shall mean an area identified in Exhibit C, portions of which can serve as a
Sending District when associated with a Sending District or serve as a Receiving District when associated
with a Receiving District. The determination as to whether a PD/PD Planning Area located in the Dual
Eligibility District is to be designated as a Sending District or a Receiving District shall be determined by
the Town Manager or designee and thereby identified as eligible to move forward for consideration of
Severance and/ or Transfer by the Town Planning Commission and Council. Disagreement with a
designation by the Town Manager may be appealed to the Town Council.
“Land Use Character Districts” shall mean districts as defined within the Land Use Plan section of the
Westlake 2015 Comprehensive Plan which describe the build-out qualities and aspects of various sectors
of the Town labeled as either Regional Commercial Community, Community Commercial, Town Core
Community, Town Common, Open Space Community, or Pastoral Community.
“Planned Development Districts” or “PD” shall mean those zoning districts that have specific zoning and
development regulations for a specific geographically defined area as adopted in the ordinance
establishing a specific PD (and as may be amended) as well as, where applicable, is subject to the
general PD zoning regulations of the Town. Only properties zoned as a Planned Development are eligible
for TDI.
“PD Planning Area” shall mean a Planned Development sub-district created by the Planned
Development Ordinance and to which Development Intensity is assigned by that ordinance.
“Public Land” shall mean land that remains undeveloped by the property owner and is set aside for any
of the following purposes:
a. Open Space that implements or compliments the Parks, Trails, and Open Space Plan Element of
Westlake’s Comprehensive Plan and is not credited toward meeting the open space
requirements of the regulating Planned Development Ordinance.
b. Public facility site including fire stations, police stations, city hall, public civic halls/centers,
public museum, library, public school or other such use that the Town agrees is a Public Facility.
c. Preservation of landmark landforms or other natural landmarks for which the Town seeks
preservation.
“Public Land Set Aside” shall mean the means by which Public Land is committed to a public use or
purpose. Set aside shall be by such means as determined necessary by the Town Council at the time
such Council approves a Severance or Transfer. Means of set aside may include (but not limited to):
a. Dedication
b. Easement
c. Contractual Agreement
Proposed Amendments Chapter 102 - Zoning
Page 3 of 17
Page 4
“Receiving District” shall mean the designated area in which a specific quantity of square footage of
previously approved non-residential use or a specific number of residential dwelling units of a previously
approved residential use is adjoined to a PD/PD Planning Area when transferred from another PD/PD
Planning Area located in a designated Sending District, with a corresponding increase in Development
Intensity credited to the PD/PD Planning Area located in a district receiving the transfer.
“Sending District” shall mean the designated area from which a specific quantity of square footage of
previously approved non-residential use or a specific number of residential dwelling units of a previously
approved residential use is severed from a PD/PD Planning Area located in a designated district for
sending the transfer to another PD/PD Planning Area located in a Receiving District, with a
corresponding reduction of the transferred Development Intensity in the district sending out the
transfer.
“Severance” shall mean the commitment on the part of a land owner having a right granted by a
Planned Development Ordinance to develop an amount of non-residential square footage or residential
units to limit the use of that right by an official act of severance that is approved by the Town Council.
Severed Development Intensity may be held without attachment via Transfer, awaiting a future
Transfer. A Severance that is pending Transfer is called a “Severance Pending Transfer”.
“Transfer” shall mean the attachment of an approved amount of non-residential square footage or
residential units severed from a PD/PD Planning Area designated as a Sending District to a PD/PD
Planning Area designated as a Receiving District.
“Transfer of Development Intensity” or “TDI” shall mean the process as established in this Article by
which development square footage for approved uses is transferred from one PD/ PD Planning Area to
another with the intent to achieve preservation of view corridors and other purposes stated in this
Article via increased massing of certain permitted uses in the designated Receiving District with an off-
setting decrease of massing of the same permitted use(s) in the designated Sending District.
Section 102-291. – Zoning Districts Eligible to Participate in TDI. Only properties zoned as a Planned
Development are eligible to be considered for TDI. Only the Development Intensity authorized by the
PD/ PD Planning Area and associated with land uses that are permitted by the PD/ PD Planning Area (as
defined in this Article) shall be eligible for consideration to be Severed or Transferred by the Town:
a. Only Development Intensity associated with the same permitted use in both the Sending District
and the Receiving District, or a Development Intensity associated with a Land Use in a Sending
District that is converted to an equivalent Development Intensity for a Land Use permitted in
the Receiving District using the conversion rates established in Exhibit D, can be considered for
TDI and Transferred.
b. Only TDI requests determined to meet the intent and criteria of the Comprehensive Plan will be
considered eligible for consideration under this Article. A Development Intensity Severance
and/or Transfer must be approved by the Town Council as the Council determines appropriate
Proposed Amendments Chapter 102 - Zoning
Page 4 of 17
Page 5
to the Town. A property owner of property located in a PD/ PD Planning Area does not have a
right to sever or transfer.
c. TDI requests for properties that wish to exceed the maximum Development Potential as
established by Exhibit A shall do so with Town Council approval.
Section 102-292. – Sending Districts, Receiving Districts, and Dual Eligibility Districts.
a. Sending Districts, Receiving Districts, and Dual Eligibility Districts are identified in Exhibit C.
When PD/PD Planning Area lies partially within a Sending District or a Receiving District or
lies within a Dual Eligibility District, the Town Manager or designee shall make a
recommended determination whether the entire PD/PD Planning Area is a Sending District
or a Receiving District and such recommended determination shall be confirmed or modified
by the Town Council upon approval of an application for Severance or Transfer. Any
adjustment to the general boundaries of Sending Districts, Receiving Districts, or Dual
Eligibility Districts resulting from such recommended determinations of the Town Manager
or Designee shall be documented by making revision to Exhibit C and Exhibit A, when
applicable, reflecting the Council’s final determination.
b. After a Severance of Development Intensity, a Sending District PD/PD Planning Area may be
developed for any remaining amount of Development Intensity remaining after such
severance. If the Sending District property qualifies to benefit from and is granted a transfer
bonus for setting aside Public Land in the Sending District, then any subsequent
development of that property must implement the Public Land use or purpose for which the
bonus was granted. Any documentation of the severance in accordance with this Article
must document the Public Land set aside.
c. After a Transfer of Development Intensity, a Receiving District PD/PD Planning Area may be
developed for any amount of Development Intensity specified in the Transfer plus any
additional Development Intensity permitted by the regulating PD Ordinance provided that
the Building Envelope prescribed for the Community Character District, in which the
receiving PD/PD Planning Area is located, is not exceeded. If the Receiving District PD/PD
Planning Area qualifies for and is granted a transfer bonus for setting aside Public Land
within the Receiving District, then any subsequent development of that property must
implement the Public Land use or purpose for which the bonus was granted. Any
documentation of the Transfer in accordance with this Article must document the Public
Land set aside.
d. When a severance separates 100% of the eligible Development Intensity, the affected
property:
1 Must immediately plat to show Public Land set asides, if such set aside was part of
the severance approval;
2 May be used to product agricultural or forest products; and
3 May be placed within a conservation easement granted to a conservation trust.
4 Must be noted on the Master TDI Log as a “ineligible” until and if such property is
rezoned.
Proposed Amendments Chapter 102 - Zoning
Page 5 of 17
Page 6
e. When a Transfer would occupy 100% of the Building Envelope as identified in Exhibit A, the
PD/PD Planning Area cannot receive any additional Development Intensity and the property
will be noted on the Town’s Master TDI Log as “Ineligible” until and if the property is
rezoned.
f. The Town Council may approve a severance without identifying a PD/PD Planning Area to
which the severed Development Intensity will be affixed via transfer. A property owner may
hold such severance until a transfer can be identified. Un-affixed severance is noted on the
Town’s Master TDI Log as “Un-affixed”. This provision is expressly intended to facilitate
those property owners who develop a property according to market demand but below the
Development Intensity permitted by the regulating PD Ordinance and wish to retain unused
Development Intensity for a future transfer. Any un-affixed Development Intensity that
remains with the severance due to limits imposed by the limited capacity of a Receiving
District Building Envelope may only be transferred to another Receiving District property
through the processes set out in this Article and upon approval by the Town Council.
g. Once Development Intensity is severed from a PD/PD Planning Area, the current property
owner and any future property owners are obligated to limit development of the property
from which Development Intensity has been severed to the portion of development
intensity, permitted by the Planned Development Ordinance that has not been committed
to severance. The severance limitation remains in effect until the property is rezoned.
Section 102-293. – Development Intensity Bonus.
a. When an applicant for a Severance and/or a Transfer of Development Intensity wishes to
withhold land from future development and commit such land as Public Land, that applicant is
eligible to benefit from a Development Intensity Bonus. Development Intensity Bonuses are
added to the Development Intensity, severed from a Sending District PD/PD Planning Area and
do not increase or diminish the Development Intensity that has not been severed. A
Development Intensity Bonus is added to the Development Intensity severed after severance,
thereby increasing the total Development Intensity Transferred. A Development Intensity Bonus
is only granted as an incentive to set aside Public Land. The Sending District Party may benefit
from the bonus if the bonus is granted for Public Land set aside by the Sending District party.
However, if bonus is granted for Public Land set aside by the Receiving District Party, then the
benefits of the Transfer accrue to the Receiving District party. The bonus established below is
only granted to benefit either the Sending District party or the Receiving District Party,
depending on which party sets aside Public Land. If both parties set aside Public Land, then the
Town Council shall determine what the appropriate bonus shall be.
1. Only the following Public Land set asides are eligible to be considered for a Development
Intensity Bonus:
(a.) Open Space that implements or compliments the Parks, Trails, Open Space Plan
Element of Westlake’s Comprehensive Plan and is not credited toward meeting the
open space requirements of the regulating Planned Development Ordinance.
Proposed Amendments Chapter 102 - Zoning
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(b.) Public facility site including fire stations, police stations, city hall, public civic
halls/centers, public museum, libraries, public schools, or other such use that the
Town agrees is a Public Facility.
(c.) Preservation of landmark landforms or other natural landmarks for which the Town
seeks preservation.
2. Development Intensity Bonus for each of the above listed eligible Public lands is calculated
based on the transfer ratios listed below and in accordance with the methods portrayed in
the following example diagram:
(a.) Open Space:
For Public Land up to 50 ac., 0.008 sf will be added to each square foot of severed
non-residential use at transfer or .005 residential units will be added to each
severed residential unit at transfer for each acre of Open Space.
For Public Land between 51 ac. and 100 ac.: The first 50 acres shall be calculated
based on the above specified transfer rate applicable up to 50 acres. For additional
acreage, over 50 acres, 0.005 sf added will be added to each square foot of severed
non-residential use at transfer or .003 residential units will be added to each
severed residential unit at transfer for each acre of Open Space over 50 ac.
For Public land over 100 acres: The transfer rate shall be determined by Town
Council.
(b.) Public Facility and Preservation Land:
Public Land 10 ac or less: 0.02 sf. added to each square foot of the severed non-
residential use at transfer or 0.02 residential units added to each permitted
Proposed Amendments Chapter 102 - Zoning
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residential unit at transfer for each acre of Public Facility Site or Preservation site
that is 10 ac or less. Where Public Land for a Public Facility or Preservation is
greater than 10 ac. the eligible transfer bonus shall be as follows:
i. For Public Land from 11 to 50 ac.: 0.005 sf will be added to each square foot
of severed non-residential use at transfer or .005 residential units will be
added to each severed residential unit at transfer for each acre of Public
Facility or Preservation Land greater than 10 ac.
ii. For Public Land from 51 to 100 ac.: The first 50 acres shall be calculated
based on the above specified transfer rates applicable to 10 acres and
between 10 and 50 acres. For additional acreage, over 50 acres, 0.004 sf
added will be added to each square foot of severed non-residential use at
transfer or .004 residential units will be added to each severed residential
unit at transfer for each acre of Public Facility or Preservation land over 50
ac.
iii. For Public land over 100 acres: The transfer rate shall be determined by
Town Council.
3. When the Public Land Set Aside is an Open Space and advances the Plan of Westlake
Academy, the final bonus non-residential square footage or residential units added to the
Transfer may increase by 15%.
4. If the Severance or Transfer includes a bonus for setting land aside as Public Land, the bonus
Transfer can be acted upon simultaneously with such measures that the Town deems
acceptable and sufficient to establish the Public Land set aside and its use.
Section 102-294. – Relationship to Zoning.
a. Development Intensity may only be increased within a designated Receiving District through
a Transfer of Development Intensity from a designated Sending District. An increase of
Development Intensity through any means other than a transfer of Development Intensity,
approved by the Town Council, is prohibited without measures by a property owner to
assure that there will be an increased vehicular capacity in the Town Thoroughfare System,
as presented in the Town’s Official Thoroughfare Plan, required to accommodate an
increase in the Town’s aggregate Average Daily Trips (ADT’s), generated by existing
entitlements, or needed to prevent any change in the existing threshold Level of Service
(LOS) to LOS E or higher at various intersections of the Regional Arterials and Town Arterials
(as identified in the Town’s official Thoroughfare plan).
b. Only a property zoned as a Planned Development is eligible to participate in the TDI
Program presented in this Article. Any property not zoned as a PD may make application to
the Town to have the development rights currently conveyed through categorical zoning
reauthorized in the form of a Planned Development Ordinance which meets the
requirements of Chapter 102 of the Town’s Code of Ordinances.
Proposed Amendments Chapter 102 - Zoning
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Section 102-295. – Conversion. When the Development Intensity Severed is associated with a Land Use
that is permitted in a Sending District PD/PD Planning Area but not permitted in the Receiving District
PD/PD Planning Area to which a Transfer is requested, then the Sending Area Development Intensity
must be converted to an equivalent Development Intensity associated with a Land Use permitted in the
Receiving District. The process of Conversion requires:
a. Determination of the Conversion Rate: Exhibit D shows the conversion rate for a base land use
(column A, vertical axis) for each land use listed in conversion land use (Row A, horizontal axis).
The conversion rate to use in calculation of the conversion is that rate specified in the cell where
the base land use and the conversion land use intersect.
b. Calculation of the equivalent Development Intensity: The number of non-residential square
footage and/ or the residential units severed must be multiplied by the applicable conversion
rate to establish an Equivalent Development Intensity.
c. Calculation of Applicable Bonus: If a bonus is applicable due to the set aside of Public Land, then
the bonus shall be added to the Development Intensity associated with the base land use.
d. Disclosure of Calculation: All calculations and identification of land uses used to determine the
Equivalent Development Intensity must be full documented in any application for Transfer.
Section 102-296. – Approval of a Development Plan Associated with a Transfer Constitutes an
Amendment.
a. The Council approval of a Transfer constitutes the following:
1. Approval of the affixation of a specified amount of severed Development Intensity to a
specific PD/PD Planning Area provided that the additional Development Intensity is
applied to identical Land Uses permitted by the Planned Development entitlement in
both the Sending District PD/PD Planning Area and the Receiving District PD/PD Planning
Area, or a Sending District Development Intensity that has been converted to an
equivalent Development Intensity associated with a Land Use permitted in the Receiving
District PD/ PD Planning Area.
2. Approval of the “Development Plan” required with each transfer or severance
constitutes an amendment/ variance of certain existing development provisions of the
Planned Development entitlement (except land use) when such amendments/variances
are identified in the Development Plan, required as part of the transfer and/ or
severance application.
b. The PD amendment/variance granted through approval of the Development Plan is only
applicable for the property included in that Development Plan for which requested
amendments/variances are identified. All other properties (lots, parcels, or tracts) must comply
with the conditions of the Planned Development entitlement. Any PD condition that is not
addressed by the Development Plan shall remain in force as specified by the entitlement
ordinance. Land Uses permitted by the PD/PD Planning Area may only be amended through
rezoning.
Proposed Amendments Chapter 102 - Zoning
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Section 102-297. – TDI Process and Recordation of Approved TDI’s.
a. Initiation of the TDI Process/Determination of Eligibility for TDI Consideration. Upon inquiry by a
land owner, said TDI process shall begin with a pre-application meeting with the owner(s) of the
proposed sending and receiving PD’s. This pre-application meeting is to determine eligibility for
participation in the TDI process. Following this pre-application meeting, a written determination
shall be made by the Town Manager or Designee as to the eligibility of the property in question
to participate for consideration under the TDI process and certification that the PD/PD Planning
Area in which the property is located is a Sending District or Receiving District (designated
Sending Districts and Receiving Districts are identified in Exhibit C. If found ineligible to
participate in the TDI process, the owners of the land in the PD/ PD Planning Area’s in question
may instead, at their option, apply for a zoning change. If certification as a Sending District or a
Receiving District is not deemed by the Town Manager or Designee as possible at the
administrative level, the owners of the property in question may seek designation by the Town
Council.
b. Application for TDI. If the property in question is found to be eligible by the Town Manager,
under the criteria established herein, for participation in the TDI process and a written
determination has been issued so stating that the owner(s) of the subject property are found
eligible, then the property owner may submit a TDI application that, as a minimum, shall contain
the following information:
1. Sending and/or Receiving PD/PD Planning Area- a specific field note description and
map of the Sending and (if the Severance request includes a Transfer) Receiving PD/PD
Planning Area.
2. A specific, quantifiable description of the Development Intensity associated with
permitted uses effected by this Severance or Transfer and calculations of what the
corresponding reduction in Development Intensity will be for the Sending District and
what the corresponding increase in Development Intensity will be for the Receiving
District and showing how there is no net increase in approved overall eligible
Development Intensity as a result of this transfer except as may be the result of
providing Public Land as described in SECTION 6 (B).
3. A Development Plan showing the total impact of the Transfer, specifically including:
A. all information required for PD site plans as set out in that District’s establishment
ordinance (as may be amended), and
B. where applicable as determined by the Town Manager or designee, all information
required for Development Plans as set out in the Town’s general PD regulations, and
C. the layout and specific requirements of proposed PD/PD Planning Area
amendments/variances needed to accommodate changes to the Sending and
Receiving Districts as would be effectuated by the TDI including, but not limited to,
Proposed Amendments Chapter 102 - Zoning
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Page 11
location of Building Envelopes, parking, open space and park land and where
applicable, Public Land. Land Use is not a permitted amendment or variance.
D. the percentage of total Building Envelope that is occupied by the Transfer and/ or
documents the Development Intensity severed from and remaining within the
Sending District PD/PD Planning Area.
E. any and all variances from the regulating PD Ordinance that are necessary to
implement the Transfer Development Plan as shown.
F. any and all Public Land set asides that are part of the Severance and/ or Transfer
transaction.
G. building height, building square footage and/or number of residential units.
H. T.I.A. as applicable in accordance with Ordinance No. ____.
c. Additional Information as may be Required. The Town Manager or designee is authorized to
require additional information from the TDI applicant as may be needed to determine if the
proposed application comports to the Comprehensive Plan or as needed to present this matter
to the Town Planning and Zoning Commission and Town Council.
d. Master TDI Log. The Town Manager or Designee shall develop all necessary administrative
prcesses and forms to accurately track all applications for Severance or Transfer of any and all
approved TDI’s and any special conditions attached thereto. The Town Manager or Designee
shall have maintained a master list of all approved TDI applications to ensure that:
1. no approved TDI Transfer application represent a net increase in the Development
Intensity permitted by the regulating PD ordinance(s) when considering both sending
and receiving zoning districts in aggregate in any TDI application unless a Development
Intensity bonus has been granted to the Transfer for providing Public Land as specified
in this Article.
2. at no time will any approved TDI application achieve a net increase in Development
Intensity permitted by the regulating PD ordinances for all PD/ PD Planning Area’s in
the Town, considered in aggregate, unless a Development Intensity bonus has been
granted to the Transfer for providing Public Land as specified in this Article.
Section 102-298. – Required Public Hearing and Notices
a. Public Process for TDI Consideration. Once the proposed TDI application is deemed complete by
the Town Manager or Designee, public hearings shall be scheduled for consideration of the TDI
application before both the Planning & Zoning Commission (Commission) and the Town Council
(Council). Notices for said TDI public hearings before the Commission and the Council shall be
provided in accordance with proposed zoning change notice requirements. Proposed TDI
applications scheduled for Commission and Council consideration will be brought forward with a
Staff recommendation that includes how this application comports to the Comprehensive Plan.
Proposed Amendments Chapter 102 - Zoning
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Page 12
The Commission will conduct the first public hearing on any proposed TDI application. Following
this public hearing, the Commission shall make a recommendation to the Council regarding the
proposed TDI application. The Council, following conduct of its public hearing on the proposed
TDI application, shall approve, modify, or disapprove said application.
b. Approval of a TDI shall be done by adoption of a zoning ordinance amendment that contains, as
a minimum, the following information:
1. Location of the Sending and Receiving PD/ PD Planning Area’s with field note description
and map of the Sending PD/ PD Planning Area and Receiving PD/ PD Planning Area’s.
A. A specific, quantifiable description of the approved use associated Development
Intensity transferred by the TDI and calculations of the corresponding reduction in
Development Intensity for the Sending District and the corresponding increase in
Development Square Intensity for the Receiving District, and showing how there is no
net increase in the vehicular volume associated with permitted development in
aggregate for these specific districts, with this transfer, unless a Development Intensity
bonus has been granted to the Transfer for providing Public Land as specified in this
Article.
2. An amended Development Plan showing:
A. all information required for PD site plans as set out in that District’s establishment
ordinance (as may be amended), and
B. where applicable, all information required for Development Plans as set out in the
Town’s general PD regulations, and
C. How the Development Plan is now amended to accommodate changes to the
Sending and Receiving Districts as effectuated by the TDI including, but not limited
to, location of Building Envelopes, parking, open space and park land, and
D. Any public land set asides (by any means described in Section 6), if applicable.
Proposed Amendments Chapter 102 - Zoning
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Page 13
Exhibit A: Building Envelope (DRAFT)
Proposed Amendments Chapter 102 - Zoning
Page 13 of 17
Page 14
Exhibit B: Eligible Development Intensity (DRAFT)
** per Ordinance 202 as may be amended or replaced by Council action
Proposed Amendments Chapter 102 - Zoning
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Page 15
Exhibit C: Sending, Receiving and Dual Eligibility Districts (DRAFT)
Proposed Amendments Chapter 102 - Zoning
Page 15 of 17
Page 16
Exhibit D: Conversion Rates (DRAFT)
* Multi-family may be converted to any use presented in the table, but no use may be converted into
multi-family.
Proposed Amendments Chapter 102 - Zoning
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Page 17
** Data Center Conversions in Exhibit E
Exhibit E: Conversion Rates for Data Centers (DRAFT)
Data Center* Recreation. Sports and health Club 3550/1000
Auto Service 1751/1000
Data Center 88/1000
Education/ Government/ Institutional 1576/1000
Hotel and Conference 870/ 1rm
Mall 3389/1000
Mixed-Use 2189/1000
Office 1051/1000
Office Campus 1000/1000
Office/ Educational 1101/1000
Office/ Industrial 613/1000
Residential (MF) 581/ 1 unit
Residential (SF) 833/ 1 unit
Retail 3739/1000
Wholesale Trade 438/1000
Amusement 7005/1000
Conference 700/1000
* Office Campus conversion ratio used for conversion of other uses into data center.
Ratios above should be read as sf of Data Center/ sf of Existing Use
1000/1000
Proposed Amendments Chapter 102 - Zoning
Page 17 of 17
Town Council Workshop
Proposed Transfer of Development
Intensity (TDI) Ordinance
Town Council Workshop -December 12th, 2016
TDI Enablement
The notion of creating a structured TDI
Program is called for in Comp Plan:
•Page 141: “…accomplishment of significant public goals
(traffic mitigation, need for open space, etc.)…the case can
be made for Transfer of Development square footage…”
•Page 144: “…the Land Use Plan identifies Receiving Districts
and Sending Districts…”
•Page 150: “…the Regional Community becomes a good
destination for the Transfer of Development Square
Footage…”
Therefore, TDI is proposed for purposes of:
•Protect characteristic view corridors
•Incent natural fabric preservation
•Abate further effects of increased traffic
•Implement Comp. Plan Elements (open space, public
facilities, roads, trails, etc.)
Town Council Workshop -December 12th, 2016
TDI Tool Establishes:
1.Sending and Receiving Areas
2.Eligible Development Intensity
3.Eligibility Criteria & Conversion
4.Incentives
5.Approval Process and Tracking
Town Council Workshop -December 12th, 2016
TDI Tool Establishes:
+Comp. Plan
Implementation
+View corridor
preservation
+Future traffic volume
management
+Open space and public
facility needs facilitation
1.Sending and Receiving Areas
2.Eligible Development Intensity
3.Eligibility Criteria & Conversion
4.Incentives
5.Approval Process and Tracking
Town Council Workshop -December 12th, 2016
1. Sending/ Receiving Areas
Open Space
PC
CC3
TC
TCO
CC1
CC2
TC
View Sheds (A)View Shade (D)
View Corridor (B)
Vista Terminal (C)
CC2
TC
RCView ZonesLand Use DistrictsDual Eligibility
Town Council Workshop -December 12th, 2016
1. Sending/ Receiving Areas
Town Council Workshop -December 12th, 2016
1. Sending/ Receiving Areas
Dual Eligibility Districts
will become either
Sending Districts or
Receiving Districts over
time as individual
cases are considered.
Receiving Districts = visual/
environmental impacts of
increased development can
be tolerated; traffic capacity
and infrastructure is greatest.
TRANSFER of
Development Intensity
Sending Districts = view
exposure, environmental
sensitivity, residential
proximity is greatest.
SEVERENCE of
Development Intensity
Town Council Workshop -December 12th, 2016
Currently, Intensity in PD’s
expressed differently:
•A Number
•A percent of Total Land Area
•An FAR
Exhibit “B”expresses all Eligible
Development Intensity as a simple
number of Square Feet, Rooms, or
Units…No confusion
2. Eligible Development Intensity
Town Council Workshop -December 12th, 2016
3. Eligibility Criteria & Conversion
Planned Developments eligible for TDI
consideration.
To Encourage Development of Viable
Land Uses while not Increasing Traffic
Generated:
•Condition of Conversion: Can only be
converted from use permitted in Sending
District to use permitted in Receiving
District.
•Rate of Conversion: Exhibit “D”, based on
maintaining same total Trip Generation
•Effect of Conversion: Promotes
redistribution of Intensity in accordance
with the Comp. Plan
Conversion
RETAIL
OFFICE
OFFICEOFFICE
Town Council Workshop -December 12th, 2016
3. Eligibility Criteria & Conversion
Building Envelope sets
Capacity of Intensity
Transferred to any Receiving
District or Severed from a
Sending District:
•Exhibit “A”: Establishes FAR,
Height, and (where applicable)
units per acre; establishes limit to
Transfer and Severance
•Envelope is a recommended
threshold; Council may approve
greater intensity.
Height
“A”
Bldg. Plate
Area “B”
Site Area “C”
Bldg. Plate
Area “B”
Site Area “C”
FAR = B/C
Town Council Workshop -December 12th, 2016
Severance without Immediate
Transfer:
Allows sale of land for lower FAR
development without need to create
new PD Planning Areas to preserve
Entitlement.
•Severance Pending Transfer is
noted on Master TDI Log as
“Unaffixed”
•Specifically for Property Owners
who develop land according to
market demand but below
permitted FAR (e.g. Deloitte) and
wish to retain unused Development
Intensity for future Transfer.
Severed
Future
Transfer
3. Eligibility Criteria & Conversion
Town Council Workshop -December 22th, 2016
To Incentivize Implementation of
the Comprehensive Plan, Bonus
accrued to the party who:
•Sets aside Public Land = Parks, Trails,
Open Space in accordance with the Comp
Plan.
•Sets aside site for a Public Facility = Fire
Station, Public Museum, Library, Public
School, etc. that the Town seeks.
•Preservation of Landmark Landforms =
major promontories or other natural
features.
•Per P&Z (11/28): Added bonus for open
space adjacent to Westlake Academy
4. Incentives
Town Council Workshop -December 12th, 2016
4. Incentives
Development
Intensity
Bonus
Town Council Workshop -December 12th, 2016
Council:
Consider
and
Approve or
Deny
5. Approval Process and Tracking
APPLICANT MASTER
TDI LOGSTEP 4 STEP 5 STEP 6STEP 1 STEP 2 STEP 3
Pre
Application
Conference
Staff:
Determine
Sending
and
Receiving
Districts
Planning
Commission:
Consider and
Recommend
Staff:
Determine
Eligibility
Staff:
Determine
Application
Complete
APPLICATION
NOTIFICATION &
RECOMMENDATION
Town Council Workshop -December 12th, 2016
Ordinance 817
Page 1 of 19
TOWN OF WESTLAKE
ORDINANCE 817
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING CHAPTER
102 ZONING, ARTICLE VII – PLANNED DEVELOPMENT REGULATIONS, BY
ADDING A SECTION FOR TRANSFER OF DEVELOPMENT INTENSITY
STANDARDS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING A CUMULATIVE
CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas, (the “Town”) is a General Law Municipality
located in Tarrant and Denton Counties, Texas, created in accordance with the provisions of the
Texas Local Government Code and operating pursuant to the enabling legislation of the State of
Texas; and
WHEREAS, Ordinance 767 was approved by the Town Council on March 2, 2015
adopting the comprehensive plan; and
WHEREAS, the, per the recommendations of the comprehensive plan, the Town Council
of Westlake, Texas, deems it necessary to enact this ordinance providing for standards for the
transfer of development intensity; and
WHEREAS, the Town Council of the Town of Westlake, Texas, is of the opinion that it
is in the best interests of the town and its citizens that the amendments should be approved and
adopted.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
WESTLAKE, TEXAS:
SECTION 1: That the above findings are hereby found to be true and correct and are
incorporated herein in their entirety.
SECTION 2: That, the Town hereby adopts the following amendments to Chapter 102 –
Zoning, Article VII – Planned Development Regulations, by adding a new section as follows:
“DIVISION 4. – TRANSFER OF DEVELOPMENT INTENSITY
Section 102-288. – Short Title. These regulations shall be known and may be cited as the “Transfer of
Development Intensity Program Regulations” or simply as the “TDI Regulations”.
Section 102-289. – Purpose. Where eligible, and where approved according to the standards and processes
established in this Article, the purpose of this Article is to implement the Town’s Comprehensive Plan (as
adopted by Ordinance 747 and hereafter as may be amended). Specifically, implementation of the Town’s
Comprehensive Plan, as it relates to this Article, pertains to:
Ordinance 817
Page 2 of 19
a. The Plan’s stated intent to preserve various view corridors via massing of certain permitted uses
in certain zoning districts while off-setting that massing by decreasing zoning use intensities in
other district(s). The Town’s Comprehensive Plan sets out those areas in the Town where view
corridor preservation may b e achieved by increasing or decreasing development mass of approved
zoning.
b. The Plan’s stated intent to better distribute and better manage the traffic volumes generated by
future development.
c. Facilitate implementation of open space and public facility needs as set out by the Comprehensive
Plan.
These stated purposes can be implemented by the massing of development intensity associated with certain
permitted land uses in one zoning district while decreasing the development intensity associated with
permitted land uses in another district and shall be termed, “Transfer of Development Intensity” or TDI.
The transfer of Development Intensity may be between identical permitted land uses in both the Sending
Area and the Receiving District PD/ PD Planning Area or between dissimilar Sending District/ Receiving
Land Uses when the Sending District Land Use has been converted to a permitted Land Use in the Receiving
District PD/ PD Planning Area. In no event shall a TDI application represent a net increase in permitted
development Intensity when considering both sending and receiving zoning districts in the aggregate for a
Transfer between identical land uses or an increase in permitted Development Intensity as converted in
accordance with this Article, unless a Development Intensity Bonus has been granted in accordance with
Section 6 of this Article.
Section 102-290. – Definitions. Definitions in this Article are intended only for certain key terms integral
to describing the TDI process, and is not meant to be an exhaustive list of all terms contained in the all of
the Town’s zoning regulations.
“Building Envelope” shall mean the recommended building space of a lot, parcel, or tract located in a
Receiving District. The Building Envelope is a buildable space as described by the height, non-residential
FAR (floor to area ratio), and/or Residential Unit Density as recommended in Exhibit A.
“Community Character District” shall mean specific zones identified on the Comprehensive Plan Land Use
Plan Element and used to identify sub-zones of the Receiving District where different Building Envelope
capacity (expressed as Building Height, FAR, and/or Residential Unit Density) is specified.
“Comprehensive Plan” is the general development plan for the Town as adopted by the Town Council on
March 2, 2015 by Ordinance 747 and may, from time to time, be amended by said Council.
“Development Intensity” shall mean the eligible square footage of a non-residential use permitted in a PD/
PD Planning Area or the number of residential units of a residential use permitted in a PD/ PD Planning
Area that are eligible to be considered for severance or transfer in accordance with the provisions of this
Article. Only Eligible Development Intensity shall be considered in any request for severance or as a base
level to which Development Intensity can be added through Transfer. The Development Intensity eligible
to be considered in the TDI program are documented in Exhibit B for all properties zoned as a Planned
Ordinance 817
Page 3 of 19
Development at the time this ordinance is adopted. Future Planned Developments will necessitate a
revision of Exhibit B when such future Planned Developments are approved by the Town Council.
Development Intensity may be severed from a Planned Development and transferred to a Planned
Development as permitted by this Article and in accordance with the processes described herein. In any
transfer of Development Intensity, the development square footage and/ or residential uses transferred must
be associated with an identical use that is permitted in both the Sending District PD/ PD Planning Area and
the Receiving District PD/ PD Planning Area or the development intensity from a Sending Area associated
with a Land Use that is not permitted in the Receiving District PD/ PD Planning Area or is not the same as
the land use to which the transferred Development Intensity will be assigned, must be converted to a specific
use permitted in the Receiving District, in accordance with Section 8 of this Article. The calculation of all
conversions must comply with the conversion rates established in Exhibit D. Land Uses may only be
converted into non-residential use; there shall be no conversion of a non-residential use or a residential use
into a multi-family residential use.
“Development Intensity Bonus” means an additional square foot of transferred Development Intensity
allowed for each square foot of Development Intensity severed from a Sending Property as an incentive for
setting aside Public Land described in this ordinance (Section 6). Development Intensity Bonuses are added
to the Development Intensity, severed from a Sending District PD/PD Planning Area upon Transfer and do
not increase or diminish the Development Intensity that has not been severed. A Development Intensity
Bonus is added to the Development Intensity severed after severance, thereby increasing the total
Development Intensity Transferred. The Sending District party may benefit from the bonus if the bonus is
granted for Public Land set aside by the Sending District party. However, if bonus is granted for Public
Land set aside by the Receiving District party, then the benefits of the Transfer accrue to the Receiving
District party.
“Development Plan” is a specific plan describing how a PD/ PD Planning Area is to be developed according
to its approved uses in the ordinance establishing that particular PD/ PD Planning Area as it may be
amended from time to time. Further, where applicable, the Development Plan for a PD/ PD Planning Area
is subject to the general requirements of the Town’s PD regulations.
“Dual Eligibility Districts” shall mean an area identified in Exhibit C, portions of which can serve as a
Sending District when associated with a Sending District or serve as a Receiving District when associated
with a Receiving District. The determination as to whether a PD/PD Planning Area located in the Dual
Eligibility District is to be designated as a Sending District or a Receiving District shall be determined by
the Town Manager or designee and thereby identified as eligible to move forward for consideration of
Severance and/ or Transfer by the Town Planning Commission and Council. Disagreement with a
designation by the Town Manager may be appealed to the Town Council.
“Land Use Character Districts” shall mean districts as defined within the Land Use Plan section of the
Westlake 2015 Comprehensive Plan which describe the build-out qualities and aspects of various sectors
of the Town labeled as either Regional Commercial Community, Community Commercial, Town Core
Community, Town Common, Open Space Community, or Pastoral Community.
Ordinance 817
Page 4 of 19
“Planned Development Districts” or “PD” shall mean those zoning districts that have specific zoning and
development regulations for a specific geographically defined area as adopted in the ordinance establishing
a specific PD (and as may be amended) as well as, where applicable, is subject to the general PD zoning
regulations of the Town. Only properties zoned as a Planned Development are eligible for TDI.
“PD Planning Area” shall mean a Planned Development sub-district created by the Planned Development
Ordinance and to which Development Intensity is assigned by that ordinance.
“Public Land” shall mean land that remains undeveloped by the property owner and is set aside for any of
the following purposes:
a. Open Space that implements or compliments the Parks, Trails, and Open Space Plan Element of
Westlake’s Comprehensive Plan and is not credited toward meeting the open space requirements
of the regulating Planned Development Ordinance.
b. Public facility site including fire stations, police stations, city hall, public civic halls/centers, public
museum, library, public school or other such use that the Town agrees is a Public Facility.
c. Preservation of landmark landforms or other natural landmarks for which the Town seeks
preservation.
“Public Land Set Aside” shall mean the means by which Public Land is committed to a public use or
purpose. Set aside shall be by such means as determined necessary by the Town Council at the time such
Council approves a Severance or Transfer. Means of set aside may include (but not limited to):
a. Dedication
b. Easement
c. Contractual Agreement
“Receiving District” shall mean the designated area in which a specific quantity of square footage of
previously approved non-residential use or a specific number of residential dwelling units of a previously
approved residential use is adjoined to a PD/PD Planning Area when transferred from another PD/PD
Planning Area located in a designated Sending District, with a corresponding increase in Development
Intensity credited to the PD/PD Planning Area located in a district receiving the transfer.
“Sending District” shall mean the designated area from which a specific quantity of square footage of
previously approved non-residential use or a specific number of residential dwelling units of a previously
approved residential use is severed from a PD/PD Planning Area located in a designated district for sending
the transfer to another PD/PD Planning Area located in a Receiving District, with a corresponding reduction
of the transferred Development Intensity in the district sending out the transfer.
“Severance” shall mean the commitment on the part of a land owner having a right granted by a Planned
Development Ordinance to develop an amount of non-residential square footage or residential units to limit
the use of that right by an official act of severance that is approved by the Town Council. Severed
Development Intensity may be held without attachment via Transfer, awaiting a future Transfer. A
Severance that is pending Transfer is called a “Severance Pending Transfer”.
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“Transfer” shall mean the attachment of an approved amount of non-residential square footage or residential
units severed from a PD/PD Planning Area designated as a Sending District to a PD/PD Planning Area
designated as a Receiving District.
“Transfer of Development Intensity” or “TDI” shall mean the process as established in this Article by which
development square footage for approved uses is transferred from one PD/ PD Planning Area to another
with the intent to achieve preservation of view corridors and other purposes stated in this Article via
increased massing of certain permitted uses in the designated Receiving District with an off-setting decrease
of massing of the same permitted use(s) in the designated Sending District.
Section 102-291. – Zoning Districts Eligible to Participate in TDI. Only properties zoned as a Planned
Development are eligible to be considered for TDI. Only the Development Intensity authorized by the PD/
PD Planning Area and associated with land uses that are permitted by the PD/ PD Planning Area (as defined
in this Article) shall be eligible for consideration to be Severed or Transferred by the Town:
a. Only Development Intensity associated with the same permitted use in both the Sending District
and the Receiving District, or a Development Intensity associated with a Land Use in a Sending
District that is converted to an equivalent Development Intensity for a Land Use permitted in the
Receiving District using the conversion rates established in Exhibit D, can be considered for TDI
and Transferred.
b. Only TDI requests determined to meet the intent and criteria of the Comprehensive Plan will be
considered eligible for consideration under this Article. A Development Intensity Severance and/or
Transfer must be approved by the Town Council as the Council determines appropriate to the
Town. A property owner of property located in a PD/ PD Planning Area does not have a right to
sever or transfer.
c. TDI requests for properties that wish to exceed the maximum Development Potential as established
by Exhibit A shall do so with Town Council approval.
Section 102-292. – Sending Districts, Receiving Districts, and Dual Eligibility Districts.
a. Sending Districts, Receiving Districts, and Dual Eligibility Districts are identified in Exhibit C.
When PD/PD Planning Area lies partially within a Sending District or a Receiving District or lies
within a Dual Eligibility District, the Town Manager or designee shall make a recommended
determination whether the entire PD/PD Planning Area is a Sending District or a Receiving District
and such recommended determination shall be confirmed or modified by the Town Council upon
approval of an application for Severance or Transfer. Any adjustment to the general boundaries of
Sending Districts, Receiving Districts, or Dual Eligibility Districts resulting from such
recommended determinations of the Town Manager or Designee shall be documented by making
revision to Exhibit C and Exhibit A, when applicable, reflecting the Council’s final determination.
b. After a Severance of Development Intensity, a Sending District PD/PD Planning Area may be
developed for any remaining amount of Development Intensity remaining after such severance. If
the Sending District property qualifies to benefit from and is granted a transfer bonus for setting
aside Public Land in the Sending District, then any subsequent development of that property must
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implement the Public Land use or purpose for which the bonus was granted. Any documentation
of the severance in accordance with this Article must document the Public Land set aside.
c. After a Transfer of Development Intensity, a Receiving District PD/PD Planning Area may be
developed for any amount of Development Intensity specified in the Transfer plus any additional
Development Intensity permitted by the regulating PD Ordinance provided that the Building
Envelope prescribed for the Community Character District, in which the receiving PD/PD Planning
Area is located, is not exceeded. If the Receiving District PD/PD Planning Area qualifies for and
is granted a transfer bonus for setting aside Public Land within the Receiving District, then any
subsequent development of that property must implement the Public Land use or purpose for which
the bonus was granted. Any documentation of the Transfer in accordance with this Article must
document the Public Land set aside.
d. When a severance separates 100% of the eligible Development Intensity, the affected property:
1. Must immediately plat to show Public Land set asides, if such set aside was part of the
severance approval;
2. May be used to product agricultural or forest products; and
3. May be placed within a conservation easement granted to a conservation trust.
4. Must be noted on the Master TDI Log as a “ineligible” until and if such property is
rezoned.
e. When a Transfer would occupy 100% of the Building Envelope as identified in Exhibit A, the
PD/PD Planning Area cannot receive any additional Development Intensity and the property will
be noted on the Town’s Master TDI Log as “Ineligible” until and if the property is rezoned.
f. The Town Council may approve a severance without identifying a PD/PD Planning Area to which
the severed Development Intensity will be affixed via transfer. A property owner may hold such
severance until a transfer can be identified. Un-affixed severance is noted on the Town’s Master
TDI Log as “Un-affixed”. This provision is expressly intended to facilitate those property owners
who develop a property according to market demand but below the Development Intensity
permitted by the regulating PD Ordinance and wish to retain unused Development Intensity for a
future transfer. Any un-affixed Development Intensity that remains with the severance due to limits
imposed by the limited capacity of a Receiving District Building Envelope may only be transferred
to another Receiving District property through the processes set out in this Article and upon
approval by the Town Council.
g. Once Development Intensity is severed from a PD/PD Planning Area, the current property owner
and any future property owners are obligated to limit development of the property from which
Development Intensity has been severed to the portion of development intensity, permitted by the
Planned Development Ordinance that has not been committed to severance. The severance
limitation remains in effect until the property is rezoned.
Section 102-293. – Development Intensity Bonus.
a. When an applicant for a Severance and/or a Transfer of Development Intensity wishes to withhold
land from future development and commit such land as Public Land, that applicant is eligible to
benefit from a Development Intensity Bonus. Development Intensity Bonuses are added to the
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Development Intensity, severed from a Sending District PD/PD Planning Area and do not increase
or diminish the Development Intensity that has not been severed. A Development Intensity Bonus
is added to the Development Intensity severed after severance, thereby increasing the total
Development Intensity Transferred. A Development Intensity Bonus is only granted as an incentive
to set aside Public Land. The Sending District Party may benefit from the bonus if the bonus is
granted for Public Land set aside by the Sending District party. However, if bonus is granted for
Public Land set aside by the Receiving District Party, then the benefits of the Transfer accrue to
the Receiving District party. The bonus established below is only granted to benefit either the
Sending District party or the Receiving District Party, depending on which party sets aside Public
Land. If both parties set aside Public Land, then the Town Council shall determine what the
appropriate bonus shall be.
b. Only the following Public Land set asides are eligible to be considered for a Development Intensity
Bonus:
1. Open Space that implements or compliments the Parks, Trails, Open Space Plan Element
of Westlake’s Comprehensive Plan and is not credited toward meeting the open space
requirements of the regulating Planned Development Ordinance.
2. Public facility site including fire stations, police stations, city hall, public civic
halls/centers, public museum, libraries, public schools, or other such use that the Town
agrees is a Public Facility.
3. Preservation of landmark landforms or other natural landmarks for which the Town seeks
preservation.
c. Development Intensity Bonus for each of the above listed eligible Public lands is calculated based
on the transfer ratios listed below and in accordance with the methods portrayed in the following
example diagram:
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1. Open Space:
For Public Land up to 50 ac., 0.008 sf will be added to each square foot of severed non-
residential use at transfer or .005 residential units will be added to each severed
residential unit at transfer for each acre of Open Space.
For Public Land between 51 ac. and 100 ac.: The first 50 acres shall be calculated based
on the above specified transfer rate applicable up to 50 acres. For additional acreage,
over 50 acres, 0.005 sf added will be added to each square foot of severed non-
residential use at transfer or .003 residential units will be added to each severed
residential unit at transfer for each acre of Open Space over 50 ac.
For Public land over 100 acres: The transfer rate shall be determined by Town Council.
2. Public Facility and Preservation Land:
Public Land 10 ac or less: 0.02 sf. added to each square foot of the severed non-
residential use at transfer or 0.02 residential units added to each permitted residential
unit at transfer for each acre of Public Facility Site or Preservation site that is 10 ac or
less. Where Public Land for a Public Facility or Preservation is greater than 10 ac. the
eligible transfer bonus shall be as follows:
(a.) For Public Land from 11 to 50 ac.: 0.005 sf will be added to each square foot
of severed non-residential use at transfer or .005 residential units will be added
to each severed residential unit at transfer for each acre of Public Facility or
Preservation Land greater than 10 ac.
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(b.) For Public Land from 51 to 100 ac.: The first 50 acres shall be calculated based
on the above specified transfer rates applicable to 10 acres and between 10 and
50 acres. For additional acreage, over 50 acres, 0.004 sf added will be added
to each square foot of severed non-residential use at transfer or .004 residential
units will be added to each severed residential unit at transfer for each acre of
Public Facility or Preservation land over 50 ac.
(c.) For Public land over 100 acres: The transfer rate shall be determined by Town
Council.
d. When the Public Land Set Aside is an Open Space and advances the Plan of Westlake Academy,
the final bonus non-residential square footage or residential units added to the Transfer may
increase by 15%.
e. When the applicant for a Severance or a Transfer supports the Westlake Public Art Program in any
of the following ways, the applicant shall qualify for a bonus under this bonus Section:
1. When the applicant is a sponsor of a Public Art Competition Event and assumes the
financial costs thereof (including prize awards), that applicant may receive a bonus at
transfer of the Severed Development Intensity equal to 15% of the Severed Intensity or an
additional 15 % bonus added to any bonus received in accordance with item “C” or “D”,
above (whichever constitutes the larger bonus benefit.)
2. When the applicant donates to the acquisition of Public Art or acquires Public Art for the
benefit of the Town and that acquisition is approved and supported by the Town Manager,
or designee, and the value of that acquisition is equal to, or greater than, the normal cost of
sponsoring a “Competition event” (described in “a.” above); that applicant may receive a
bonus at transfer of Severed Development Intensity equal to 15% of the Severed Intensity
or an additional 15 % bonus added to any bonus received in accordance with item “C” or
“D”, above (whichever constitutes the larger bonus benefit.).
f. If the Severance or Transfer includes a bonus for setting land aside as Public Land, the bonus
Transfer can be acted upon simultaneously with such measures that the Town deems acceptable
and sufficient to establish the Public Land set aside and its use.
Section 102-294. – Relationship to Zoning.
a. Development Intensity may only be increased within a designated Receiving District through a
Transfer of Development Intensity from a designated Sending District. An increase of
Development Intensity through any means other than a transfer of Development Intensity, approved
by the Town Council, is prohibited without measures by a property owner to assure that there will
be an increased vehicular capacity in the Town Thoroughfare System, as presented in the Town’s
Official Thoroughfare Plan, required to accommodate an increase in the Town’s aggregate Average
Daily Trips (ADT’s), generated by existing entitlements, or needed to prevent any change in the
existing threshold Level of Service (LOS) to LOS E or higher at various intersections of the
Regional Arterials and Town Arterials (as identified in the Town’s official Thoroughfare plan).
b. Only a property zoned as a Planned Development is eligible to participate in the TDI Program
presented in this Article. Any property not zoned as a PD may make application to the Town to
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have the development rights currently conveyed through categorical zoning reauthorized in the
form of a Planned Development Ordinance which meets the requirements of Chapter 102 of the
Town’s Code of Ordinances.
Section 102-295. – Conversion. When the Development Intensity Severed is associated with a Land Use
that is permitted in a Sending District PD/PD Planning Area but not permitted in the Receiving District
PD/PD Planning Area to which a Transfer is requested, then the Sending Area Development Intensity must
be converted to an equivalent Development Intensity associated with a Land Use permitted in the Receiving
District. The process of Conversion requires:
a. Determination of the Conversion Rate: Exhibit D shows the conversion rate for a base land use
(column A, vertical axis) for each land use listed in conversion land use (Row A, horizontal axis).
The conversion rate to use in calculation of the conversion is that rate specified in the cell where
the base land use and the conversion land use intersect.
b. Calculation of the equivalent Development Intensity: The number of non-residential square footage
and/ or the residential units severed must be multiplied by the applicable conversion rate to establish
an Equivalent Development Intensity.
c. Calculation of Applicable Bonus: If a bonus is applicable due to the set aside of Public Land, then
the bonus shall be added to the Development Intensity associated with the base land use.
d. Disclosure of Calculation: All calculations and identification of land uses used to determine the
Equivalent Development Intensity must be full documented in any application for Transfer.
Section 102-296. – Approval of a Development Plan Associated with a Transfer Constitutes an
Amendment.
a. The Council approval of a Transfer constitutes the following:
1. Approval of the affixation of a specified amount of severed Development Intensity to a
specific PD/PD Planning Area provided that the additional Development Intensity is
applied to identical Land Uses permitted by the Planned Development entitlement in both
the Sending District PD/PD Planning Area and the Receiving District PD/PD Planning
Area, or a Sending District Development Intensity that has been converted to an equivalent
Development Intensity associated with a Land Use permitted in the Receiving District PD/
PD Planning Area.
2. Approval of the “Development Plan” required with each transfer or severance constitutes
an amendment/ variance of certain existing development provisions of the Planned
Development entitlement (except land use) when such amendments/variances are
identified in the Development Plan, required as part of the transfer and/ or severance
application.
b. The PD amendment/variance granted through approval of the Development Plan is only applicable
for the property included in that Development Plan for which requested amendments/variances are
identified. All other properties (lots, parcels, or tracts) must comply with the conditions of the
Planned Development entitlement. Any PD condition that is not addressed by the Development
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Plan shall remain in force as specified by the entitlement ordinance. Land Uses permitted by the
PD/PD Planning Area may only be amended through rezoning.
Section 102-297. – TDI Process and Recordation of Approved TDI’s.
a. Initiation of the TDI Process/Determination of Eligibility for TDI Consideration. Upon inquiry by
a land owner, said TDI process shall begin with a pre-application meeting with the owner(s) of the
proposed sending and receiving PD’s. This pre-application meeting is to determine eligibility for
participation in the TDI process. Following this pre-application meeting, a written determination
shall be made by the Town Manager or Designee as to the eligibility of the property in question to
participate for consideration under the TDI process and certification that the PD/PD Planning Area
in which the property is located is a Sending District or Receiving District (designated Sending
Districts and Receiving Districts are identified in Exhibit C. If found ineligible to participate in the
TDI process, the owners of the land in the PD/ PD Planning Area’s in question may instead, at their
option, apply for a zoning change. If certification as a Sending District or a Receiving District is
not deemed by the Town Manager or Designee as possible at the administrative level, the owners
of the property in question may seek designation by the Town Council.
b. Application for TDI. If the property in question is found to be eligible by the Town Manager, under
the criteria established herein, for participation in the TDI process and a written determination has
been issued so stating that the owner(s) of the subject property are found eligible, then the property
owner may submit a TDI application that, as a minimum, shall contain the following information:
1. Sending and/or Receiving PD/PD Planning Area- a specific field note description and map
of the Sending and (if the Severance request includes a Transfer) Receiving PD/PD
Planning Area.
2. A specific, quantifiable description of the Development Intensity associated with
permitted uses effected by this Severance or Transfer and calculations of what the
corresponding reduction in Development Intensity will be for the Sending District and what
the corresponding increase in Development Intensity will be for the Receiving District and
showing how there is no net increase in approved overall eligible Development Intensity
as a result of this transfer except as may be the result of providing Public Land as described
in SECTION 6 (B).
3. A Development Plan showing the total impact of the Transfer, specifically including:
(a.) all information required for PD site plans as set out in that District’s establishment
ordinance (as may be amended), and
(b.) where applicable as determined by the Town Manager or designee, all information
required for Development Plans as set out in the Town’s general PD regulations, and
(c.) the layout and specific requirements of proposed PD/PD Planning Area
amendments/variances needed to accommodate changes to the Sending and Receiving
Districts as would be effectuated by the TDI including, but not limited to, location of
Building Envelopes, parking, open space and park land and where applicable, Public
Land. Land Use is not a permitted amendment or variance.
Ordinance 817
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(d.) the percentage of total Building Envelope that is occupied by the Transfer and/ or
documents the Development Intensity severed from and remaining within the Sending
District PD/PD Planning Area.
(e.) any and all variances from the regulating PD Ordinance that are necessary to
implement the Transfer Development Plan as shown.
(f.) any and all Public Land set asides that are part of the Severance and/ or Transfer
transaction.
(g.) building height, building square footage and/or number of residential units.
(h.) T.I.A. as applicable in accordance with Ordinance No. ____.
c. Additional Information as may be Required. The Town Manager or designee is authorized to
require additional information from the TDI applicant as may be needed to determine if the
proposed application comports to the Comprehensive Plan or as needed to present this matter to
the Town Planning and Zoning Commission and Town Council.
d. Master TDI Log. The Town Manager or Designee shall develop all necessary administrative
processes and forms to accurately track all applications for Severance or Transfer of any and all
approved TDI’s and any special conditions attached thereto. The Town Manager or Designee shall
have maintained a master list of all approved TDI applications to ensure that:
1. no approved TDI Transfer application represent a net increase in the Development
Intensity permitted by the regulating PD ordinance(s) when considering both sending and
receiving zoning districts in aggregate in any TDI application unless a Development
Intensity bonus has been granted to the Transfer for providing Public Land as specified in
this Article.
2. at no time will any approved TDI application achieve a net increase in Development
Intensity permitted by the regulating PD ordinances for all PD/ PD Planning Area’s in the
Town, considered in aggregate, unless a Development Intensity bonus has been granted to
the Transfer for providing Public Land as specified in this Article.
Section 102-298. – Required Public Hearing and Notices
a. Public Process for TDI Consideration. Once the proposed TDI application is deemed complete by
the Town Manager or Designee, public hearings shall be scheduled for consideration of the TDI
application before both the Planning & Zoning Commission (Commission) and the Town Council
(Council). Notices for said TDI public hearings before the Commission and the Council shall be
provided in accordance with proposed zoning change notice requirements. Proposed TDI
applications scheduled for Commission and Council consideration will be brought forward with a
Staff recommendation that includes how this application comports to the Comprehensive Plan. The
Commission will conduct the first public hearing on any proposed TDI application. Following this
public hearing, the Commission shall make a recommendation to the Council regarding the
proposed TDI application. The Council, following conduct of its public hearing on the proposed
TDI application, shall approve, modify, or disapprove said application.
Ordinance 817
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b. Approval of a TDI shall be done by adoption of a zoning ordinance amendment that contains, as a
minimum, the following information:
1. Location of the Sending and Receiving PD/ PD Planning Area’s with field note description and
map of the Sending PD/ PD Planning Area and Receiving PD/ PD Planning Area’s.
(a.) A specific, quantifiable description of the approved use associated Development
Intensity transferred by the TDI and calculations of the corresponding reduction in
Development Intensity for the Sending District and the corresponding increase in
Development Square Intensity for the Receiving District, and showing how there is no
net increase in the vehicular volume associated with permitted development in
aggregate for these specific districts, with this transfer, unless a Development Intensity
bonus has been granted to the Transfer for providing Public Land as specified in this
Article.
2. An amended Development Plan showing:
(a.) all information required for PD site plans as set out in that District’s establishment
ordinance (as may be amended), and
(b.) where applicable, all information required for Development Plans as set out in the
Town’s general PD regulations, and
(c.) How the Development Plan is now amended to accommodate changes to the Sending
and Receiving Districts as effectuated by the TDI including, but not limited to, location
of Building Envelopes, parking, open space and park land, and
(d.) Any public land set asides (by any means described in Section 6), if applicable.
Ordinance 817
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Exhibit A: Building Envelope
Ordinance 817
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Exhibit B: Eligible Development Intensity
** per Ordinance 202 as may be amended or replaced by Council action
Ordinance 817
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Exhibit C: Sending, Receiving and Dual Eligibility Districts
Ordinance 817
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Exhibit D: Conversion Rates
* Multi-family may be converted to any use presented in the table, but no use may be converted into
multi-family. ** Data Center Conversions in Exhibit E
Ordinance 817
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Exhibit E: Conversion Rates for Data Centers (DRAFT)
Data Center* Recreation. Sports and health Club 3550/1000
Auto Service 1751/1000
Data Center 88/1000
Education/ Government/ Institutional 1576/1000
Hotel and Conference 870/ 1rm
Mall 3389/1000
Mixed-Use 2189/1000
Office 1051/1000
Office Campus 1000/1000
Office/ Educational 1101/1000
Office/ Industrial 613/1000
Residential (MF) 581/ 1 unit
Residential (SF) 833/ 1 unit
Retail 3739/1000
Wholesale Trade 438/1000
Amusement 7005/1000
Conference 700/1000
* Office Campus conversion ratio used for conversion of other uses into data center.
Ratios above should be read as sf of Data Center/ sf of Existing Use”
1000/1000
Ordinance 817
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SECTION 3: All rights and remedies of the Town of Westlake, Texas, are expressly saved
as to any and all violations of the provisions of the prior ordinance sections which existed at the
time of the effective date of this Ordinance; and, as to such accrued violations and all pending
litigation, both civil and criminal, whether pending in court or not, under such ordinances, the same
shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts.
SECTION 4: It is hereby declared to be the intention of the Town Council of the Town of
Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable,
and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally
invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs or sections of this Ordinance since the same would have been enacted by
the Town Council of the Town of Westlake without the incorporation in this Ordinance of any
such legally invalid or unconstitutional, phrase, sentence, paragraph or section.
SECTION 5: That any person, firm or corporation violating any of the provisions or terms
of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of
the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of
Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist
shall constitute a separate offense.
SECTION 6: This Ordinance shall be cumulative of all provisions of ordinances of the
Town except where the provisions of this Ordinance are in direct conflict with the provisions of
such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed.
SECTION 7: This ordinance shall take effect immediately from and after its passage as
the law in such case provides.
PASSED AND APPROVED ON THIS 23RD DAY OF JANUARY 2017.
____________________________
Laura Wheat, Mayor
ATTEST:
_______________________________ _______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
_______________________________
L. Stanton Lowry, Town Attorney
EXECUTIVE SESSION
a. Sec. 551.071 Consultation with Attorney (1) when the governmental body seeks
the advice of its attorney about: Land Sale
b. Section 551.071(2) – Consultation with City Attorney on a matter in which the
duty of the attorney to the governmental body under the Texas Disciplinary
Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this
chapter: Resolution No. 00-19, a Contract with Hillwood Development
Corporation Concerning the Design Engineering and Construction of the West
Side Pump Station and the Dove Road Waterline.
c. Section 551.087 Deliberation Regarding Economic Development
Negotiations (1) to discuss or deliberate regarding commercial or financial
information that the governmental body has received from a business prospect
that the governmental body seeks to have locate, stay, or expand in or near the
territory of the governmental body and with which the governmental body is
conducting economic development negotiations; or (2) to deliberate the offer of
a financial or other incentive to a business prospect described by Subdivision (1)
for the following:
- Maguire Partners-Solana Land, L.P., related to Centurion’s development
known as Entrada and Granada
- Project Lynx
- CS Kinross Lake Parkway, a Delaware limited liability company, its affiliate
Charles Schwab & Co., Inc.
d. Section 551.072 to deliberate the purchase, exchange, lease or value of real
property regarding Town Hall offices, Fire Station site and Town owned property
Town Council
Item # 8 – Executive
Session
Town Council
Item # 9 – Reconvene
Council Meeting
NECESSARY ACTION
a. Sec. 551.071 Consultation with Attorney (1) when the governmental body seeks
the advice of its attorney about: Land Sale
b. Section 551.071(2) – Consultation with City Attorney on a matter in which the
duty of the attorney to the governmental body under the Texas Disciplinary
Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this
chapter: Resolution No. 00-19, a Contract with Hillwood Development
Corporation Concerning the Design Engineering and Construction of the West
Side Pump Station and the Dove Road Waterline.
c. Section 551.087 Deliberation Regarding Economic Development
Negotiations (1) to discuss or deliberate regarding commercial or financial
information that the governmental body has received from a business prospect
that the governmental body seeks to have locate, stay, or expand in or near the
territory of the governmental body and with which the governmental body is
conducting economic development negotiations; or (2) to deliberate the offer of
a financial or other incentive to a business prospect described by Subdivision (1)
for the following:
- Maguire Partners-Solana Land, L.P., related to Centurion’s development
known as Entrada and Granada
- Project Lynx
- CS Kinross Lake Parkway, a Delaware limited liability company, its affiliate
Charles Schwab & Co., Inc.
d. Section 551.072 to deliberate the purchase, exchange, lease or value of real
property regarding Town Hall offices, Fire Station site and Town owned property
Town Council
Item # 10 – Necessary
Action
FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or
Council meeting, under “Future Agenda Item Requests”, an agenda item for a future
Council meeting. The Council Member making the request will contact the Town Manager
with the requested item and the Town Manager will list it on the agenda. At the meeting,
the requesting Council Member will explain the item, the need for Council discussion of
the item, the item’s relationship to the Council’s strategic priorities, and the amount of
estimated staff time necessary to prepare for Council discussion. If the requesting Council
Member receives a second, the Town Manager will place the item on the Council agenda
calendar allowing for adequate time for staff preparation on the agenda item.
None
Town Council
Item # 11 – Future
Agenda Items
Town Council
Item # 12 – Adjournment
Regular Session