City of Buda, TX Residential Code

The International Residential Code, 2021 edition and appendices as adopted in section 6.02.381 are hereby amended as follows:

(1)

Subsection R101.1 is hereby deleted and replaced with the following:

R101.1 Title. These regulations shall be known as the Residential Code for One- and Two-Family Dwellings of the City of Buda, Texas, hereinafter referred to as “this code.”

(2)

Section R103 is hereby deleted.

(3)

Subsection R105.1 is hereby deleted and replaced with the following:

R105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy classification of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. If the owner is to do the work themselves, then the owner shall provide proof to the building official stating that they own and presently occupy the building as a homestead.

(4)

Subsection R105.2 is hereby deleted and replaced with the following:

R105.2. Work exempt from permit. Exemption 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, play houses and similar uses, provided the floor area does not exceed 120 square feet.
2.	Fences not over 7 feet high.
3.	Retaining walls that are not over four feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge.
4.	Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed 2 to 1.
5.	Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
6.	Prefabricated swimming pools that are less than 24 inches deep.
7.	Swings and other playground equipment.
8.	Window awnings supported by an exterior wall that do not project more than 54 inches (1,372 mm) from the exterior wall and do not require additional support.
9.	Decks not exceeding 200 square feet in area, that are not more than 30 inches above grade at any point, are not attached to a dwelling and do not serve the exit door required by Section R311.4.
Electrical:
1.	Listed cord-and-plug connected temporary decorative lighting.
2.	Reinstallation of attachment plug receptacles but not the outlets therefor.
3.	Replacement of branch circuit overcurrent devices of the required capacity in the same location.
4.	Electrical wiring, devices, appliances, apparatus or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy.
5.	Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.
Gas:
1.	Portable heating, cooking or clothes drying appliances.
2.	Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
3.	Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.
Mechanical:
1.	Portable heating appliances.
2.	Portable ventilation appliances.
3.	Portable cooling units.
4.	Steam, hot- or chilled-water piping within any heating or cooling equipment regulated by this code.
5.	Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
6.	Portable evaporative coolers.
7.	Self-contained refrigeration systems containing ten pounds (4.54 kg) or less of refrigerant or that are actuated by motors of one horsepower (746 W) or less.
8.	Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.
Plumbing:
1.	The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drain pipe, 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 or the repairing of leaks in pipes, valves or fixtures, provided such repairs do not involve or require the replacement or rearrangement of pipes, valves 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.

(5)

New Subsection R105.10 is hereby added:

R105.10 Homestead. A permit shall not be required for work on a homestead, provided the owner provides proof to the building official stating that they owns and presently occupy the existing building as a homestead and certify they will do the work with their own hands; however, in no circumstance shall work create or constitute a danger to life or safety.

(6)

Section R106.1 is hereby deleted and replaced with the following:

R106.1. Submittal Documents. Submittal documents consisting of construction documents, and other data shall be submitted in two or more sets, or in digital format with each application. Construction documents shall be prepared by a registered design professional where required by statutes within the city limits or for property located in the City’s extraterritorial jurisdiction that is part of a development agreement, or for property connected to the City’s water or wastewater system in which the project is to be constructed. 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” or “Registered Architect.” 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.

Exemption: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that the reviewing of construction documents is not necessary to obtain compliance with this code

(7)

New Subsection R106.6 is hereby added:

R106.6. The building official may accept a sworn affidavit from a registered architect or engineer stating that the plans submitted conform to the technical codes. For buildings and structures, the affidavit shall state that the plans conform to the laws as to egress, type of construction and general arrangement and, if accompanied by drawings, show the structural design and that the plans and design conform to the requirements of the technical codes as to strength, stresses, strains, loads and stability. The building official may without any examination or inspection accept such affidavit, provided the architect or engineer who made such affidavit agrees to submit to the building official copies of inspection reports as inspections are performed, and upon completion of the structure, electrical, gas, mechanical, and plumbing systems, a certification that the structure, electrical, gas, mechanical, and plumbing system has been erected in accordance with the requirements of the city’s adopted codes. Where the building official relies upon such affidavit, the architect or engineer assures and assumes full responsibility for the compliance with all provisions of the technical codes and other pertinent laws or ordinances.

(8)

Subsection R108.2 is hereby deleted and replaced with the following:

108.2 Schedule of permit fees. The fees for work shall be as indicated in the schedule of fees adopted by the city council and attached to the Code of Ordinances as appendix A.

(9)

Subsection R108.5 is hereby deleted and replaced with the following:

108.5 Fee refunds. No portion of any fee collected under this article shall be returned after a permit has been issued.

(10)

New subsections R110.1.1 and R110.1.2 are hereby added:

R110.1.1. No certificate of occupancy will be issued until the city has been fully paid all fees and costs that are related to the building or structure. The fees and costs include those related to the infrastructure of the building, such as impact fees and fees for the installation of water meter and water and wastewater connections.

R110.1.2. It is unlawful for a builder, building contractor, or building owner to allow any person to occupy a building until a certificate of occupancy is issued. Occupancy without an active certificate of occupancy will be subject to the penalty provisions of this charter.

(11)

Section R112 is hereby deleted.

(12)

New Subsection R110.5.1 is hereby added.

R110.5.1 Revocation by failure of Registered Design Professional in Responsible Charge. The building official or designee is also authorized to, in writing, suspend or revoke a certificate of occupancy where the Registered Design Professional in Responsible Charge is required to maintain information in accordance with this ordinance or code and such information is found to be inadequate, incorrect and/or is not provided when requested by the building official.

(13)

Subsection R401.2 is hereby deleted and replaced with the following:

R401.2 Requirements.

Foundation construction shall be capable of accommodating all loads in accordance with Section R301 and of transmitting the resulting loads to the supporting soil. Fill soils that support footings and foundations shall be designed, installed and tested in accordance with accepted engineering practice. 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.

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 1913.6,1913.7,1913.8 9 (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]

After foundation construction, but prior to commencement of framing, the owner or applicant shall provide the building official of the City with a sealed certification from an engineer licensed to practice in the State of Texas that the concrete has adequately cured to allow for framing of the first floor to occur. Prior to placing any additional load on the slab the owner or applicant shall provide the building official of the City with a sealed certification from an engineer licensed to practice in the State of Texas that the concrete has adequately cured to allow an additional load to be placed on the slab, including framing above the first floor. In no event shall this be less than 3 days after the foundation was poured.

Post-Tension foundations must be inspected by a Post-Tensioning Institute (PTI) Level 1 or 2 Unbonded PT Inspector prior to placing a load on the slab or commencement of framing. Additionally, the PTI Level 1 or 2 Unbonded PT Inspector must provide foundation design drawings, shipping lists, material certifications, jack certifications, stressing records, and concrete placement records (as described in the Post-Tensioning Institute’s Construction and Maintenance Manual for Post-Tensioned Slab-on-Ground Foundations, 3d Edition) to the City.

Prior to receiving a Certificate of Occupancy, a survey of the final grade elevations around the home demonstrating compliance with the requirements of the adopted International Residential Code (IRC) and verifying positive drainage away from the foundation must be submitted to the building official. The survey shall be sealed by a Professional Engineer or by a Registered Professional Land Surveyor registered in the State of Texas. The methods used to conduct the survey shall be at the discretion of the Registered Design Professional in Responsible Charge.

The Registered Design Professional in Responsible Charge shall maintain all inspection records, testing results, design work, calculations and all relevant supporting documentation for not less than ten (10) years from the date of certification. All records shall be made available at no cost to the building official or his designee at his request.

(14)

Subsection R401.4 is hereby deleted and replaced with the following:

Section R401.4 Soil Tests. Where quantifiable data created by accepted soil science methodologies indicate expansive soils, compressible soils, shifting soils or other questionable soil characteristics are likely to be present, the building official shall determine whether to require a soil test to determine the soil’s characteristics at a particular location. This test shall be done by an approved agency using an approved method. Notwithstanding the foregoing, prior to issuance of a building permit, the owner or applicant shall provide to the building official of the City a soil test (geotechnical investigation) for the residential lot made by a geotechnical engineer licensed to practice in the State of Texas. The soil test shall contain design recommendations. The geotechnical engineer shall determine the location and frequency of borings to accurately assess the design conditions for which the foundation and/or paving are to be designed. Foundation borings should be located in the middle of the residential lot. The applicant or owner shall provide a survey of the lot to the City indicating the location of the geotechnical investigation. The geotechnical investigation report shall be referenced on the building permit application. In general, for expected uniform subsurface conditions, borings shall not exceed 200-foot centers across a subdivision. However, the maximum spacing shall be reduced as determined by the geotechnical engineer of record. Non-uniform subsurface conditions may require additional borings as determined by the geotechnical engineer.

(15)

Subsection R404.4 is hereby deleted and replaced with the following:

Section R404.4 Retaining Walls. Retaining walls that are not laterally supported at the top and that retain in excess of 48 inches (1219 mm) of unbalanced fill, or retaining walls exceeding 24 inches (610 mm) in height that resist lateral loads in addition to soil, shall be designed in accordance with accepted engineering practice to ensure stability against overturning, sliding, excessive foundation pressure and water uplift. Retaining walls shall be designed for a safety factor of 1.5 against lateral sliding and overturning. This section shall not apply to foundation walls supporting buildings.

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 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 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 City Engineer 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 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 residential 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 structures and shall, at a minimum, include all of the fill area. All incursions are prohibited, including but not limited to the planting of trees, except that a fence may be constructed but 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. Additionally motor vehicles shall not be parked within the easement.

(16)

New Subsection R1004.6 hereby added:

R1004.6 Factory-built fireplace air spaces and chases. No electrical, mechanical, or plumbing, except for the combustion air vent and gas line feed associated with the firebox, shall intrude into the airspace enclosing the firebox or any chase for chimney components associated with the fireplace.

(17)

Subsection N1105.4.2 hereby deleted and replaced with the following:

N1105.4.2 (R405.4.2) Compliance report. Compliance software tools shall generate a report that documents that the proposed design complies with Section N1105.3. A compliance report on the proposed design shall be submitted with the application for the building permit. Upon completion of the building, a compliance report based on the as-built condition of the building shall be submitted to the code official before a certificate of occupancy is issued. Batch sampling of buildings to determine energy code compliance for all buildings in the batch shall be prohibited.

Compliance reports shall include information in accordance with sections N1105.4.1 and N1105.4.2. Where the proposed design of a building could be built on different sites where the cardinal orientation of the building on each site is different, compliance of the proposed design for the purposes of the application for the building permit shall be based on the worst-case orientation, worst-case configuration, worst-case building air leakage and worst-case duct leakage. Such worst-case parameters shall be used as inputs to the compliance software for energy analysis. Such reports shall be prepared by the following qualified individuals:

ICC Certified Individual with certificate designation 78 (Commercial Energy Plans Examiner), 77 (Commercial Energy Inspector), or 79 (Residential Energy Inspector/Plans Examiner)

Registered Design Professional bearing a seal applicable to the State where the project will be constructed.

Reports will be required to bear a digital seal and signature or wet seal and signature.

RESNET or BPI certified individual.

Any other representative approved by the AHJ or Code Official.

(18)

New Subsection N1105.4.2.1 hereby added.

N1105.4.2.1 (R405.4.2.1) Compliance report for permit application. A compliance report submitted with the application for building permit shall include the following:

Building Street address, or other building site identification.

A statement indicating that the proposed design complies with section N1105.3.

An inspection checklist documenting the building component characteristics of the proposed design as indicated in Table N1105.5.2(1). The inspection checklist shall show results for both the standard reference design and the proposed design with user inputs to the compliance software to generate the results.

A site-specific energy analysis report that is in compliance with Section N1105.3.

The name of the individual performing the analysis and generating the report.

The name and version of the compliance software tool.

(19)

Subsection G2408.2.1 is hereby deleted and replaced with the following:

G2408.2.1 (305.3.1) Installation in residential garages. In residential garages where appliances are installed in a separate, enclosed space having access only from outside of the garage, such appliances shall be permitted to be installed at floor level, provided that the required combustion air is taken from the exterior of the garage. Gas fired appliances installed in open spaces in garages shall pull combustion air directly from the outside per G2407.6.1 (304.6.1). Two-permanent-openings method direct attic openings will not be permitted.

(20)

Subsection G2408.3 is hereby deleted and replaced with the following:

G2408.3 (305.5) Private garages. Appliances located in private garages shall be installed with a minimum clearance of 6 feet (1,829 mm) above the floor.

Exception: The requirements of this section shall not apply where the appliances are protected by curbs, tires, bump stops or concrete bollards from motor vehicle impact and installed in accordance with section G2408.2.

(21)

Subsection P2503.8.2 is hereby deleted and replaced with the following:

P2503.8.2 Testing. Reduced pressure principle, double check, double check detector and pressure vacuum breaker backflow preventer assemblies shall be tested at the time of installation, immediately after repairs or relocation and as required by 30 Texas Administrative Code § 290.44, as may be amended from time to time, and to be managed by the applicable water purveyor.

(22)

Subsection P2603.5.1 is hereby deleted and replaced with the following:

P2603.5.1 Sewer depth. Building sewers that connect to private sewage disposal systems shall be installed not less than 12 inches below finished grade at the point of septic tank connection. Building sewers shall be not less than 12 inches below grade.

(23)

Subsection P2903.10 is hereby deleted.

(24)

Subsection P2904.1.1 is hereby deleted and replaced with the following:

P2904.1.1 Sprinklers not required. Fire sprinklers are not required in Group R-3, One and Two-Family Dwellings. When sprinklers are installed in Group R-3 dwellings, they shall be installed in accordance with IRC Section P2904 and all applicable referenced standards.

(25)

Subsection P3008.1 is hereby deleted and replaced with the following:

P3008.1 General. Fixtures on the first floor of a foundation where the foundation is located at or below the flood level rim of the next upstream manhole cover of the public sewer shall be protected from backflow of sewage by installing an approved backwater valve. Fixtures located on elevated floors of a building above the flood level rim of the next upstream manhole shall not discharge through the backwater valve. Backwater valves shall be provided with access.

(26)

Sections AE104, AE105, AE107, and AE112 of Appendix AE are hereby deleted.

(Ordinance 2022-22 adopted 9/20/22)