The International Building Code, 2021 edition, and appendices A, C, D, G, I, J and K as published by the International Code Council, Inc. are hereby adopted and made a part of this chapter, except as amended in section 6.02.052.
(Ordinance 2022-22 adopted 9/20/22)
The International Building Code, 2021 edition and appendices as adopted in section 6.02.051 are hereby amended as follows:
(1) 
Subsection 101.1 is hereby deleted and replaced with the following:
101.1 Title. These regulations shall be known as the Building Code of the City of Buda, Texas, hereinafter referred to as “this code.”
(2) 
Section 103 is hereby deleted.
(3) 
Subsection 105.2 is hereby deleted and replaced with the following:
105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:
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.
2.
Fences not over 7 feet (2,134 mm) high.
3.
Retaining walls that are not over 4 feet (91,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids.
4.
Water tanks supported directly on grade if the capacity is not greater than 5,000 gallons (18 925 L) and the ration of height to diameter or width is not greater than 2:1.
5.
Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
6.
Temporary motion picture, television and theater stage sets and scenery.
7.
Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep, are not greater than 5,000 gallons (18,925 L) and are installed entirely above ground.
8.
Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.
9.
Swings and other playground equipment accessory to detached one- and two-family dwellings.
10.
Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support.
11.
Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1753 mm) in height.
Electrical:
1.
Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.
2.
Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmissions but do apply to equipment and wiring for a power supply and to the installation of towers and antennas.
3.
Temporary testing systems: The installation of any temporary system required for the testing or servicing of electrical equipment or apparatus.
Gas:
1.
Portable heating appliance.
2.
Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
3.
Mechanical:
4.
Portable heating appliance.
5.
Portable ventilation equipment.
6.
Portable cooling unit.
7.
Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code.
8.
Replacement of any part which does not alter its approval or make it unsafe.
9.
Portable evaporative cooler.
10.
Self-contained refrigeration system containing ten pounds (4.54 kg) or less of refrigerant and actuated by motors of one horsepower (0.75 kW) or less.
Plumbing:
1.
The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.
2.
The clearing of stoppages in pipes, valves or fixtures, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes, or fixtures.
3.
The replacement of lavatory or kitchen faucets, provided the plumbing fixture is not relocated or will require additional plumbing to be added to the existing system.
4.
The replacement of ballcocks or water control valves, unless said control valves are required for water protection against cross contamination or back siphon-age such as atmospheric pressure breakers, vacuum pressure breakers, double check assemblies, or reduced pressure zone devices.
5.
The replacement of garbage disposals.
6.
The replacement of water closets.
(4) 
New subsection 107.2.1.1 is hereby added to read as follows:
107.2.1.1. Any documents prepared by or required to be prepared by a licensed or registered design professional shall bear the professional’s seal. The seal shall bear the professional’s name and the legend “licensed professional engineer,” “registered professional engineer.” “Registered architect” or “certified professional building designer.”
(5) 
New subsections 107.3.4.2 and 107.3.4.3 are hereby added to read as follows:
107.3.4.2. The design professional shall be an architect or engineer legally licensed or registered under the Texas statutes that regulate the practice of architecture or engineering, as applicable.
107.3.4.3. In addition to the state law that requires certain types of buildings to be designed by a registered design professional, privately owned buildings with classifications A, B, F, S, E, H, M, R-1, R-2, R-4, I and U occupancies shall be designed by registered design professionals. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional or waive requirements.
Exceptions. The following shall not require design by a registered design professional:
1. 
A new application for a certificate of occupancy, provided the new occupancy is remaining in the same risk category of the previous use or changing to lower risk category from the previous use.
2. 
A finish-out occupancy with an occupant load under 50 persons for any classification except S-1, F-1, H-1, H-2, H-3, H-4 and H-5.
3. 
Any occupancy under 750 square feet except S-1, F-1, H-1, H-2, H-3, H-4 and H-5.
4. 
A low hazard building classification of S-2 or F-2 under 2,000 square feet.
The above exceptions to the requirements for professionally prepared and sealed plans do not apply to projects which have been rejected by the building official three times. The fourth and all subsequent submittals for such projects shall be designed by registered design professionals and shall bear such registered professional’s seal.
(6) 
Subsection 109.6 is hereby deleted and replaced with the following:
109.6 Fee refunds. No portion of any fee collected under this article shall be returned after a permit has been issued.
(7) 
Section 113 is hereby deleted.
(8) 
Section 903.2.4.2 is hereby deleted and replaced with the following:
903.2.4.2 Group F-1 distilled spirits. An automatic sprinkler system shall be provided throughout a Group F-1 fire area used for the manufacture of distilled spirits involving more than 120 gallons of distilled spirits (>16% alcohol) in the fire area at any one time.
(9) 
Section 903.2.9.3 is hereby deleted and replaced with the following:
903.2.9.3 Group S-1 distilled spirits or wine. An automatic sprinkler system shall be provided throughout a Group S-1 fire area used for the bulk storage of distilled spirits or wine involving more than 120 gallons of distilled spirits or wine (>16% alcohol) in the fire area at any one time.
(10) 
Section 903.2.10 is hereby deleted and replaced with the following:
903.2.10 Group S-2. An automatic sprinkler system shall be provided throughout all buildings containing a Group S-2 occupancy where one of the following conditions exist:
1. 
Where a Group S-2 fire area exceeds 18,000 square feet.
2. 
Exception: Open parking garages less than < 48,000 square feet.
3. 
Where the fire area of an enclosed parking garage exceeds 12,000 square feet; or
4. 
Where enclosed parking garages are located beneath other groups.
5. 
Exception: Enclosed parking garages located beneath Group R-3 occupancies.
(11) 
Section 903.2.11.3 is hereby deleted and replaced with the following:
903.2.11.3 Buildings 55 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 located 55 feet (16,764 mm) or more above the lowest level of fire department vehicle access, measured to the finished floor.
Exception: Occupancies in Group F-2 less than < 18,000 square feet.
(12) 
New subsections 903.2.13 and 903.2.14 are hereby added to read as follows:
903.2.13 Other occupancy classifications. An automatic sprinkler system shall be provided throughout all buildings classified as Group B or Group F-2 having fire area exceeding 18,000 square feet.
903.2.14 Additions and Expansions. Any building constructed after January 1, 2007 that exceeds 18,000 sq. ft. or any attached construction, alteration, or addition to an existing structure of any group that causes the structure to exceed 18,000 sq. ft. For purposes of this section, an automatic fire sprinkler system is to be installed in the non-conforming or existing structure in addition to the new construction area.
(13) 
Subsection 903.3.1.1.1 is hereby deleted and replaced with the following:
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 rooms or areas are protected with an approved automatic fire detection system in accordance with Section 907.2 that will respond to visible or invisible particles of combustion. Sprinklers shall not be omitted from a room merely 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, where approved by the fire 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 construction with wholly noncombustible contents.
5. 
Elevator machine rooms, machinery spaces, and hoist ways, other than pits where such sprinklers would not necessitate shunt trip requirements under any circumstances.
6. 
Machine rooms, machinery spaces, control rooms and control spaces associated with occupant evacuation elevators designed in accordance with Section 3008 of the International Building Code.
(14) 
Section 903.3.1.2 is hereby deleted and replaced with the following:
903.3.1.2 NFPA 13R sprinkler systems. Automatic sprinkler systems in Group R occupancies shall be permitted to be installed throughout in accordance with NFPA 13R where the Group R occupancy meets all of the following conditions:
1. 
Four stories or less above grade plane.
2. 
The floor level of the highest story is 35 feet (10668 mm) or less above the lowest level of fire department vehicle access.
3. 
The floor level of the lowest story is 35 feet (10668 mm) or less below the lowest level of fire department vehicle access.
The number of stories of Group R occupancies constructed in accordance with Sections 510.2 and 510.4 shall be measured from grade plane.
(15) 
New subsection 903.3.1.4 is hereby added 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
(16) 
Section 907.2.13, exception 3, is hereby deleted and replaced with the following:
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.
(17) 
Section 913.2.1 is hereby deleted and replaced with the following:
913.2.1 Protection of fire pump rooms. Fire pumps shall be located in rooms that are separated from all other areas of the building by 2-hour fire barriers constructed in accordance with Section 707 or 2-hour horizontal assemblies constructed in accordance with Section 711, or both.
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.
Exceptions:
1. 
In other than high-rise buildings, separation by 1-hour fire barriers constructed in accordance with Section 707 or 1-hour horizontal assemblies constructed in accordance with Section 711, or both, shall be permitted in buildings equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 or 903.3.1.2.
2. 
Separation is not required for fire pumps physically separated in accordance with NFPA 20.
3. 
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.
(18) 
Subsection 905.8 is hereby deleted and replaced with the following:
905.8 Dry standpipes. Dry standpipes are prohibited unless approved by the fire code official. The fire code official is authorized to approve dry standpipes where access to a portion of a single-story building at grade level is limited by the location on property, topography, waterways, nonnegotiable grades or other similar conditions and the dry standpipe hose connections are to be installed on the exterior only and at grade level adjacent to an access door.
(19) 
Section 1612.3 is hereby deleted and replaced with the following:
1612.3 Establishment of flood hazard areas. To establish flood hazard areas, the applicable governing authority shall adopt a flood hazard map and supporting data. The flood hazard map shall include, at a minimum, areas of special flood hazard as identified by the Federal Emergency Management Agency in an engineering report entitled “The Flood Insurance Study for City of Buda, Texas,” dated September 02, 2005, as amended or revised with the accompanying Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) and related supporting data along with any revisions thereto. The adopted flood hazard map and supporting data are hereby adopted by reference and declared to be part of this section.
(20) 
Section 1705.3 Concrete Construction, exception 1, is hereby deleted and replaced with the following:
Exceptions: Special inspections and test shall not be required for:
1. 
Isolated spread concrete footings of building additions or supporting poles, monument signs and similar structures where approved by the building official.
(21) 
Section 1705.3 Concrete Construction, exceptions 2 and 4, are hereby deleted in their entireties.
(22) 
Section 1807.2.1 is hereby deleted and replaced with the following:
Retaining walls shall be designed to ensure stability against overturning, sliding, excessive foundation pressure and water uplift.
Construction of a retaining wall in excess of four (4) feet in height, as measured from the top of the footing of the wall to the top of the wall, constructed on public property or to be dedicated to the City as a public improvement, as a part of the overall subdivision civil plans and the Development Permit application process, shall require submission to, and approval by the City Engineer of detailed retaining wall design plans sealed by an engineer licensed to practice in the State of Texas, prior to commencing construction of such wall. Construction of such retaining wall shall also require submission to, and approval by, the City Engineer of a sealed engineering inspection report verifying the construction of the retaining wall is in conformance with the retaining wall design plans in order to close out the Development Permit.
Construction of a retaining wall in excess of four (4) feet in height, as measured from the bottom of the footing of the wall to the top of the wall, constructed on private property and that will not be dedicated to the City as a public improvement, as a part of the building permit application process, shall require submission to, and approval by, the building official of the City of detailed retaining wall design plans sealed by an engineer licensed to practice in the State of Texas, prior to commencing construction of such wall. Construction of such retaining wall shall also require submission to, and approval by, the building official of the City of a sealed engineering inspection report verifying the construction of the retaining wall is in conformance with the retaining wall design plans in order to close out the building permit.
On lots with a retaining wall in excess of four (4) feet in height, as measured from the bottom of the footing to the top of the wall, in addition to the designated rear and side yard setbacks, a maintenance and access easement for the benefit of the adjacent property owners and the City on either side of the retaining wall, as necessitated by the design of the retaining wall and in accordance with the signed and sealed engineering plans, shall be required for retaining wall maintenance and to prevent any incursion into fill material. The required area of the easement shall vary according to the retaining wall design and adjacent property access and shall, at a minimum, include all of the fill area. Any incursion into a retaining wall fill for maintenance and construction of utilities shall require the submission to, and approval by, the building official of the City of detailed design plans, sealed by an engineer licensed to practice in the State of Texas, prior to commencing construction on such incursion. All other incursions are prohibited.
(23) 
Section 1802.1 is hereby deleted and replaced with the following:
1802.1 Requirements.
1. 
All foundations shall be designed by a registered Professional Engineer in the State of Texas and all drawings and documentation must be signed and sealed. Documentation shall include: The foundation design shall reference the geotechnical investigation report number(s), date of report, and geotechnical engineer name; specific location including lot, block and subdivision; specific design criteria including soil bearing capacity, design plasticity index (as applicable), and potential vertical rise.
2. 
Each foundation plan shall identify the Registered Design Professional in Responsible Charge (RDPiRC). Prior to issuing a certificate of occupancy, The Registered Design Professional in Responsible Charge shall provide the building official the following certification:
Registered Design Professional in Responsible Charge Letterhead
[Date]
FINAL REPORT OF REQUIRED RESIDENTIAL FOUNDATION INSPECTIONS
Project:
[Builder Name]
 
[Project Address]
 
Buda, Texas
City of Buda Permit Number [#]
As the Registered Design Professional in Responsible Charge for all required foundation inspections for this project during construction, to the best of my information, knowledge and belief, the following required inspections and tests for this project have been performed and all discovered discrepancies have been resolved.
_____ Verify materials below shallow foundations are adequate to achieve the design bearing capacity.
_____ Verify excavations are extended to proper depth and have reached proper material.
_____ Perform classification and testing of compacted fill materials.
_____ Verify use of proper materials, densities and lift thicknesses during placement and compaction of compacted fill.
_____ Prior to placement of compacted fill, observe subgrade and verify that site has been prepared properly.
_____ Inspection of reinforcing steel, including prestressing tendons, and placement.
_____ Verify use of required design mix. ACI 318: Ch. 4, 5.2–5.4 1904.2.2, 1913.2, 1913.3 (as applicable)
_____ At the time fresh concrete is sampled to fabricate specimens for strength tests, perform slump and ASTM C 172 air content tests, and determine the temperature - ASTM C 31 1913.10 of the concrete. ACI 318: 5.6, 5.8
_____ Inspection of concrete placement for proper application techniques. ACI 318: 5.9, 5.10 1913.6, 1913.7, 1913.89 (as applicable)
_____ Inspection for maintenance of specified curing temperature and techniques. ACI 318: 5.11–5.13 1913.9 (as applicable)
_____ Verify in-situ concrete strength, prior to stressing of tendons in post-tensioned concrete and prior to removal of shores and forms from beams and structural slabs and prior to vertical construction on foundation. ACI 318: 6.2
_____ Inspect formwork for shape, location and dimensions of the concrete member being formed. ACI 318: 6.1.1
_____ Verify moisture Barrier is properly installed.
_____ Verify that geotechnical report remains valid for cut/fill on site.
_____ Joinery details are adequately installed if required by the foundation design.
_____ Design calculations have been performed in accordance with adopted versions of WRI and/or PTI or other alternative rational methods as described in IBC Section 1808.6.2.
_____ The engineer has maintained all records applicable to inspections performed for this project.
Respectfully,
(RDPiRC Seal)
[Signature of RDPiRC]
[RDPiRC Firm Name]
(24) 
Sections G104 and G105 of Appendix G are hereby deleted.
(Ordinance 2022-22 adopted 9/20/22)