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HomeMy WebLinkAboutMinutes 04.18.2002 • Building Trade & Fire Code Board of Appeals Minutes For April 18, 2002 BOARD MEMBERS PRESENT: Kip Pritchard, Ricky Mason, Roger Dowdy, Lynn Davis STAFF MEMBERS PRESENT: Greg Zielinski, Code Enforcement Officer, Larry Gould, Chief Building Inspector, and Katy Seals, Secretary VISITORS PRESENT: Denys Sanders Meeting called to order by Kip Pritchard First Item on the Agenda: Swearing in of new members. None present. Second Item on the Agenda: Approval of July 2001 Minutes: Lynn Davis made motion to approve minutes. Roger Dowdy seconded motion. Motion carried 4 -0. Third Item on the Agenda: Consider adoption of 2000 International Residential Code. Larry Gould provided the Board with a pamphlet discussing the comparison between the 1997 Uniform Building Code and the 2000 International Residential Code. Larry Gould pointed out the 2000 IRC regulates Building, Fuel Gas, Mechanical, Energy, Electrical, Flood, and Plumbing Systems. Ricky Mason inquired if the electrical has been taken out and Greg Zielinski stated "Right ". He went on to say that previously there was not a state building code and this 2000 IRC now is the state building code. He said it was supposed to be adopted by January 1, 2002. He added that the City Attorney has suggested the Board wait until the state actually requires the city to adopt it and to see if any changes are made in the next state legislature before we adopt it. Greg said the state law says you do not have to follow the electrical provisions of that code. He added that the state legislature has passed quite a few changes in the plumbing law. He stated the two recognized plumbing codes in the state of Texas are the International Plumbing Code and the Uniform Plumbing Code. The International Residential Code only refers to the International Plumbing Code. The opinion of the Attorney General for single - family residences is that the International Plumbing Code applies and for all installations, it does not apply - either the International Plumbing Code or the Uniform Plumbing Code may be used. Greg went further to say that the City Attorney and the City Manager, as well as the Code Enforcement Department suggests waiting before adopting to see if any changes come out of the next legislature which won't be for another year. Even though this is the mandated code in the State of Texas, there is no governing body to implement and enforce it. Greg said there is also an International Energy Efficiency Code that all new homes are required to follow, but as with the International Residential Code, there is no governing body in the state to make a city enforce those codes. Greg said we can adopt the new code and when something comes up the Board can make an amendment to it or an amendment could be done if there is an administrative authority to change the code as long as the code is not made less restrictive. Another way of adopting the new code is to go through the code little by little, looking to see what the changes are, and then the building code book and a good size supplemental book with local amendments in it. He said we have been using the Uniform Building Code • since approximately 1988 and on up through the 1997 and there are very few amendments that have been taken out, and everyone affected is fairly used to what is in the Code. When you change to a new code, there will be many amendments because the thinking is to keep it as similar as it is currently. As time goes by, some of the local amendments get taken out. Greg said switching from the Uniform Building Code to International Building Code could be done two ways: simply adopt it and when something comes up, it would come back to the Board or if it is something the City of Plainview has administrative authority to change that would benefit what we are doing without making the code less restrictive then we could go ahead and change it. Otherwise, all these changes would come back to the Board. The other way of adopting it is taking the time and going through the Code little by little and seeing what changes are present and then you will have the Building Code book and a fairly large supplemental book that contains local amendments Larry Gould stated that when someone comes in to obtain a building permit or remodel, it is required proof of having been sent to Architectural Barriers (which is under the Texas Department of Licensing and Regulations) for approval if it is valued over $50,000. If the building permit is for commercial remodeling, we are required to have proof of asbestos testing on that property. He added that all that is required is proof that the asbestos testing has been sent in. Ricky Mason inquired if this is currently required and Larry Gould stated it is in force at this time and added this is mostly for the ADA (Americans with Disabilities Act) requirements. Ricky Mason asked if the main changes with the new International Building Code would be with the plumbing area and Larry Gould replied there would be amendments the Board will want to make. He • added that Lubbock has just gone through some controversy dealing with basements and escape windows. The International Code states that you must have two means of escape out of a basement. He added that this will raise the cost involved with installing a basement. Ricky Mason asked what is Lubbock going to do about it and Larry Gould stated they are proposing to amend it out. Greg Zielinski noted Amarillo has already adopted this code. Larry Gould stated further clarification of this would need to come from Wally Hatch, Plainview City Attorney. Greg Zielinski stated he heard in the media there are no reported deaths due to inability to escape from a basement which is built according to the Uniform Building Code specifications. He added that most of what is built in this area are more like storm shelters built underneath the house with a concrete floor on top of them, have concrete or cinder block walls and they have a smoke detector inside the basement and one at the top of the stairs. Ricky Mason stated that most are built at the center of the house to prevent leakage and Greg Zielinski stated that this would require the shelter be built on an exterior foundation wall. Kip Pritchard inquired if both openings could be inside the house? Greg Zielinski stated according to the International Code one must lead to the exterior but it doesn't state that in the code we are under now. Roger Dowdy asked if there is a distinction between a basement and a storm shelter? Greg Zielinski noted storm shelter is not defined in the code and says a definition for a storm shelter needed to be made and then putting an exception in the Code noting a storm shelter doesn't have to meet the exit requirements. Larry Gould read the following from the IRC: "Emergency escape and rescue required. Basements with habitable space and every sleeping room shall have at least one openable emergency escape window or exterior door opening for emergency escape rescue." Greg noted the referred to escape window has to be 5.7 square feet of openable space. This would require a window well and a depending on the depth, a stairway going out of it and a sump pump or have a door that leads to the underground with retaining walls - all of which would be a major expense. Greg noted that most of the houses with basements are built in the Eastern United States where the 111 O 4110 landscape is not flat as is here in Plainview. Kip Pritchard added they also have frost lines in the North • where the footing must be dug (Greg says four (4) feet deep), so there it is not much more effort to install these outside openings. Roger Dowdy asked if the Board has to table all these changes and Larry Gould replied that he would like the Board to go through and make note of areas needing discussion to be covered in the next meeting. Kip Pritchard asked if an amendment can be made to the Code and Greg Zielinski stated amendments can be made as long as they are not less restrictive which is a subjective term. Larry Gould stated the footing requirements is an area where he feels the Board will want to amend. Roger Dowdy inquired about what this code does to the mechanical code and Greg Zielinski stated it is one of the first questions he asked when he was told we needed to adopt the code. Roger Dowdy asked how Lubbock amended the code and Greg Zielinski stated he hasn't seen the actual amendments, only what he heard in the media about the controversy with the basement exits. He added he does not know what codes Lubbock is following. He said the City of Plainview more mirrors Amarillo since their codes are similar to ours. He further noted it is best to wait four or five (4 or 5) months to try to adopt this code and inquire what proximal sized cities in this area using as their code. Larry Gould read the following from the Lubbock Avalanche Journal newspaper discussing the basement and window issues: The board is reviewing a new state law but exercised its right last October to adopt more lenient amendments. The Board members proposed thirty -eight (38) amendments but most of the • attention was centered on two safety related issues: the window size and the basement exits." He added it has not made it through Lubbock City Council yet. Greg Zielinski stated he heard it should go before the Lubbock City Council on May 6`". Larry Gould said the article pointed out the City of Lubbock has been studying this code for a year. Ricky Mason stated he would like to know what John Castro has to say about the mechanical code in relation to adoption of this code. He said, "I want to know where everything stands up front before we go through with this." Greg Zielinski stated if this code is adopted, then mechanical code cannot be amended out. Roger Dowdy made motion to table adoption of the 2000 International Residential Code until further information is available. Ricky Mason seconded the motion. Motion carried 4 -0. Fourth Item on the Agenda: Discussion of Gas Testing Gauges. Larry Gould stated that in his opinion the Plumbing Code gives the Board the authority to go ahead and accept the precision gas- testing gauge which was presented in the previous meeting. The gauge is being recommended to the plumbers since mercury is no longer available. Roger Dowdy asked if plumbers may continue using mercury testing devices and Larry Gould stated in his opinion, yes, since no mandate stating they cannot be used. Fifth Item on the Agenda: Discussion of any other business: Roger Dowdy asked where does the Board stand with drain cleaning people supposed to be working under a licensed plumber to clean drains effective January 1, 2002? Larry Gould stated the Attorney General is "sitting on it." Greg Zielinski 1110 F. noted a memo from Robert Maxwell who is the administrator of the State Plumbing Board: "On April 8, 2002 the Board voted unanimously to have all field representatives continue to issue only warnings citations to individuals found in violation of the Plumbing License Law while working outside cities with a population of 5,000 or more until August 31, 2002. As you know, these areas were previously outside the jurisdiction of the plumbing license law. During this period, enforcement inside cities of populations of 5,000 or more will continue as usual with citations issued and filed with the local justice courts. Additionally, please instruct all field representatives to issue only warning citations to individuals found to be in violation of the plumbing license law regarding required registration of plumbers' apprentices, drain cleaners, drain cleaner restricted registrants and certificates of insurance regardless of where the individuals are working until August 31, 2002. This will allow the Special Purpose Committee to review this matter and advise the Board at the July 8, 2002 Board meeting. Additionally, most licensed plumbing inspectors across the state are aware that House Bill 1505 requires them to enforce the Plumbing License Law. Please advise your staff to encourage the licensed plumbing inspectors to adopt an enforcement policy similar to the Board's." Sixth Item on the Agenda: Meeting Adjournment: Ricky Mason made motion to adjourn. Lynn Davis seconded motion. Motion carried 4 -0. MEETING ADJOURNMENT • CHAIRM N SECRETARY •