22-66722-667ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON AMENDING THE CODE OF ORDINANCES
OF THE CITY OF DENTON, SECTIONS 28-33 AND 28-34, BY REPEALING THE 2012EDITION OF THE [NTERNATIONAL RESIDENTL4L CODE AND ADOPTING THE 2021EDITION OF THE INTERNATIONAL RESIDENTLAL CODE, PROVIDING FOR THEISSUANCE OF PERMITS AND COLLECTION OF FEES; PROVIDING FORSEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR CONTINUATION OFPRIOR LAW; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION ANDESTABLISHING AN EFFECTIVE DATE.
WHEREAS, upon the recommendation of the Health & Building Standards Commission
at its March 24, 2022 meeting, the City Council now finds it is in the best interests of public health,
safety, and welfare to repeal the 2012 edition of the International Residential Code and to adopt
the 2021 edition of the International Residential Code including Appendices AC and AQ; NOW,THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That Sections 28-33 and 28-34 of the Denton Code of Ordinances are
repealed in their entirety, and replaced with new Article IV, Sections 28-33 and 28-34, to read asfollows:
Sec. 28-33. 2021 International Residential Code adopted.
(a) The International Residential Code , 2021 edition, published by the International Code
Council, a copy of which shall be filed in the office of the city secretary and available
for public inspection, is hereby adopted, the same as if copied at length herein,
excluding Part VIII Electrical (See Chapter 28-41 of the Denton Municipal Code for
electrical code requirements), including appendices AC and AQ, and subject to thedeletions and amendments enumerated in Section 28-34.
(b) The International Residential Code , 2021 edition, is applicable to all structures within
the City described herein as one-and two-family dwellings and townhouses not more
than three (3) stories above grade plane in height.
Sec. 28-34. Deletions and Amendments to the 2021 International Residential Code
1. Section R101.1 is deleted in its entirety and replaced with the following:
101.1 Title. These provisions shall be known as the Residential Code for One- and
Two-family Dwellings of the City of Denton, and shall be cited as such and will bereferred to herein as “this code.”
2. Section R102.4 is deleted in its entirety and replaced with the following:
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 SectionsR102.4.1 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 Chapters 34 through Chapter
43 (Part VIII) or the Electric Code shall mean the Electric Code as adopted.
Exception: Where enforcement of a code provision would violate the conditions of
the listing of the equipment or appliance, the conditions of the listing and
manufacturer’s instructions shall apply.
R102.4.1 Conflicts.
Where conflicts occur between provisions of this code and referenced codes and
standards, the provisions of this code shall apply.
R102.4.2provisions iII referenced codes and standards.
Where the extent of the reference to a referenced code or standard includes subject
matter that is within the scope of this code, the provisions of this code, as applicable,
shall take precedence over the provisions in the referenced code or standard.
3. Section 11104.12 is hereby added and shall read as shown:
R104.12 Contractor Registration. The Building Official shall receive applications
from and register contractors according to the rules adopted by the City.
4. The first paragraph and the and first two items under the “Building” list of Section
R105.2 are deleted in their entirety and replaced with the following; the remainder of
the Section is unchanged:
R105.2 Work exempt from permit. Exemption from permit requirements of this codeshall 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. Other than storm shelters, one-story detached accessory structures used as tool
and storage sheds, playhouses and similar uses, provided the floor area does not
exceed 200 square feet (18.58 m2).
2. Deleted.
5. Section R108.2 is deleted in its entirety and replaced with the following:
R108.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical
and plumbing systems or alterations requiring a permit, a fee for each permit shall be
paid as required, in accordance with the schedule as established by the applicable
2021 International Residential Code
governing authority or ordinance of the City.
6. Section R108.6 is deleted in its entirety and replaced with the following:
R108.6 Work commencing before permit issuance. Any person who commences
work requiring a permit on a building, structure, electrical, gas, mechanical or
plumbing system before obtaining the necessary permits shall be subject to the required
permit fees, as set by the current schedule of fees adopted by ordinance of the City.
7. Section R109.1.2 is deleted in its entirety and replaced with the following:
R109.1.2 Plumbing, mechanical, gas, and electrical systems inspection. Rough
inspection of plumbing, mechanical, gas, and electrical systems shall be made prior to
covering or concealment, before fixtures or appliances are set or installed, and prior to
framing inspection. At time of plumbing rough inspection, the underground plumbing
will be tested as well.
R109.1.2.1 Required inspections and testing. The code official, upon notification
from the permit holder or the permit holder’s agent, shall make the following
inspections and such other inspections as necessary, and shall either release that
portion of the construction or shall notify the permit holder or an agent of any
violations that must be corrected. The holder of the permit shall be responsible for
the scheduling of such inspections.
1. Underground inspection shall be made after trenches or ditches are excavated
and bedded, piping installed, and before any backfill is put in place. This shall
include testing of the underground plumbing.
2. Rough-in inspection shall be made after the roof, framing, fireblocking,
firestopping, draftstopping and bracing is in place and all sanitary, storm and waterdistribution piping is roughed-in, and prior to the installation of wall or ceiling
membranes. This shall include testing of the underground plumbing.
3. Final inspection shall be made after the building is complete, all plumbingfixtures are in place and properly connected, and the structure is ready for
occupancy. This shall include testing of the underground plumbing.
Exception: Backfilling of ground-source heat pump loop systems tested in accordance
with Section M2 105.28 prior to inspection shall be permitted.
8. Section 1 12 Board of Appeal, is deleted in its entirety and replaced with the following:
Rl12 HEALTH AND BUILDING STANDARDS COMMISSION
Rl12.1 General. In order to hear and decide appeals of orders, decisions or
determinations made by the building official, code official, or fire marshal relative tothe application and interpretation of the requirements of this Code and all other
2021 International Residential Code
applicable codes of the City of Denton, there shall be a health and building standardscommissIon.
Rl12.2 Limitations on authority. An application for appeal shall be based on a claim
that the true intent of this code or the rules legally adopted thereunder have been
incorrectly interpreted, the provisions of this code do not fully apply or an equally good
or better form of construction is proposed. The health and building standards
commission shall not have authority to waive requirements of this code.
9. Table 11301.2 is deleted in its entirety and replaced with the below. Footnotes to
Table R301.2 remain unchanged, save for the deletion of footnote e and n.
TABLE R301.2 CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
10. Section R3 13 AUTOMATIC FIRE SPRINKLER SYSTEMS is deleted in its entirety
and replaced with the following:
R313.1 Automatic Fire Sprinkler Systems.
1. An automatic sprinkler shall be installed in all new buildings of noncombustible
construction, (Type I a& II) including group R-3, which exceed three stories in
height or which have more than ten thousand (10,000) square feet of floor area
regardless of fire area, area separation walls, or fire walls.
2. An automatic sprinkler system shall be installed in all new buildings of combustible
construction, (Type III, IV & V) including Group R-3, which exceed two stories in
height or which have more than seven thousand five hundred (7,500) square feet of
floor area regardless of fire area, area separation walls, or fire walls.
3.The owner(s) of any building shall be required to install an automatic sprinkler
system at such time as the owner(s) constructs an addition or enlargement to the
building if the total square footage of such addition, when combined with the total
square footage of the existing building, exceeds ten thousand (10,000) square feet
of noncombustible construction (Type I & II) total floor area, regardless of fire area,
area separation walls, or fire walls.
4.The owner(s) of any building shall be required to install an automatic sprinkler
system at such time as the owner(s) constructs an addition or enlargement to the
building if the total square footage of such addition, when combined with the total
square footage of the existing building, exceeds seven thousand five hundred
(7,500) square feet of combustible construction (Type III, IV & V) total floor area,regardless of fire area, area separation walls, or fire walls.
2021 International Residential Code
R313.1.1 Design and installation. Automatic residential fire sprinkler systems shall
be designed and installed in accordance with Section P2904 or NFPA 13D.
11. Section R3 15.2.2 is deleted in its entirety and replaced with the following:
R315.2.2 Alterations, repairs and additions. Where alterations, repairs or additions
requiring a permit occur, or where one or more sleeping rooms are added or created in
existing dwellings, the individual dwelling unit shall be equipped with carbon
monoxide alarms located as required for new dwellings.
Exceptions :
1. Work involving the exterior surfaces of dwellings, such as the addition of a
porch or deck.
2. Installation, alteration or repairs of plumbing systems when all such work
occurs on the exterior of dwellings, such as water or sewer lines, or lawn
rrrlgatron systems.
3. Installation, alteration or repairs of mechanical systems that are not fuelfired
12. Section R322.1 is deleted in its entirety and replaced with the following:
R322.1 General. Buildings and Structures constructed in whole or in part in flood
hazard areas, including A or V Zones and Coastal A Zones, as established in Table
R301 .2, and substantial improvement and repair of substantial damage of buildings and
structures in flood hazard areas, shall be designed and constructed in accordance with
the provision s contained in this section. Buildings and structures that are located in
more than one flood hazard shall comply with the provisions associated with the most
restrictive flood hazard area. Buildings and structure located in whole or in part in
identified floodways shall be designed and constructed in accordance with ASCE 24.
The City Engineer is designated as the Floodplain Manager. The Floodplain Manager
is responsible for determining base flood elevation and associated permittingrequirements. Any references within Section 322 Flood-Resistant Construction to the
building offIcial will have similar meaning as to the Floodplain Manager.
13. Section R4C)1.2 is deleted in its entirety and replaced with the following:
R401.2 Requirements. Foundation construction shall be capable of accommodating
all loads according to 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. Concrete
foundations in excess of 400 square feet shall be designed by a registered designprofessional licensed in the State of Texas.
2021 International Residential Code
14. A new Section NI 101.4.1 (R 102. 1.2) is added, to read as follows:
Section Nl101.4.1 (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 efficiencyrequirements 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 R402.4.1.2
(NI 102.4.1.2) and R403.3.3 (Nl 103.3.3) respectively.
15. Section Nl 101.6 (R202) Definitions; add the following definitions:
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).
PROJECTION FACTOR. The ratio of the horizontal depth of the overhang, cave or
permanently attached shading device, divided by the distance measured vertically fromthe bottom of the fenestration glazing to the underside of the overhang, eave or
permanently attached shading device.
16. Section N 1101.13.5 (R4C)1.2.5) Additional Energy efficiency; deleted in its entirety.
17. Table Nl102.1.2 (R402.1.2) Maximum Assembly U-Factorsa and Fenestration
Requirements, is deleted in its entirety (Footnotes to remain) and replaced by the following:
Table Nl102.1.2 (R402.1.2) MAXl&lUM ASSEMBLY U-FACTORSa AND FENESTRATION REQUIREMENTS
Glazed
SHCC&
Wood Frame\VaII U.Factor Mass Wall
Factorb Crawl SpaceWall U.Factor I Wall U-Factor
0.029 0.060 0,098 0.047 0.1360.091
For Sl: 1 foot = 304.8 mm
(Footnotes to remain)
18. Table Nl102.1.3 (R402.1.3) Insulation Minimum R-Values and Fenestration
Requirements by Component’, is deleted in its entirety and replaced by the following:
TABLE Nl102.1.3 (R402.1.3) INSULATION MINIIYIUNI R-VALUES AND FENESTRATION REQUIRENIENTS BY COMPONENT’
Glazed Ceiling R-Skylight Wood Mass WallFenestratiValueFrameU-Factor U.ValueqWall R.onSHGC"Value
Slab R-
Valued &D,pth
8/1319 or
13+3cior 0+15
5 ci or
13f
5 ci or
13F
For Sl: 1 foot = 304.8 mm
(Footnotes to remain)
2021 International Residential Code
19. A new Section Nl 102.4.1.4 (R402.4.1.4) is added, to read as follows:
NI102.4.1.4 (R402.4.1.4) Sampling options for R2 multifamily dwelling units. For
buildings with eight or more testing units that must be tested as required by NI 102.4.1.2or Nl 102.4.1.3, the greater of seven units or 20 percent of the testing units in the building
shall be tested, including a top floor unit, a ground floor unit, a middle floor unit, and a unit
with the largest testing unit enclosure area. For each tested unit that exceeds the maximum
air leakage rate, an additional three units shall be tested, including a mixture of testing unit
types and locations. Where buildings have fewer than eight testing units, each testing unitshall be tested.
20. Section Nl102.4.6 (R402.4.6) Electrical and communication outlet boxes (air-sealed
boxes). is deleted in its entirety and replaced by the following:
IV1102.4.6 (R402.4.6) Electrical and communication outlet boxes (air-sealed boxes).
Electrical and communication outlet boxes installed in the building thermal envelope shall
be sealed to limit air leakage between conditioned and unconditioned spaces.
21. A new Section Nl103.3.8 (R403.3.8) is added, to read as follows:
NI103.3.8 (R403.3.8) Sampling options for R2 multifamily dwelling units. For
buildings with eight or more testing units that must be tested as required by N 1103.3.5, the
greater of seven units or 20 percent of the testing units in the building shall be tested,
including a top floor unit, a ground floor unit, a middle floor unit, and a unit with the largest
testing unit floor area. For each tested unit that exceeds the maximum duct leakage rate, an
additional three units shall be tested, including a mixture of testing unit types and locations.
Where buildings have fewer than eight testing units, each testing unit shall be tested.
22. A new Section Nl 103.6.4 (R403.6.4) is added, to read as follows:
NI103.6.4 (R403.6.4) Sampling options for R2 multifamily dwelling units. For
buildings with eight or more testing units that must be tested as required by Nl 103.6.3, the
greater of seven units or 20 percent of the testing units in the building shall be tested,
including a top floor unit, a ground floor unit, a middle floor unit, and a unit with the largest
testing unit floor area. For each tested unit that does not meet the minimum ventilation rate,
an additional three units shall be tested, including a mixture of testing unit types and
locations. Where buildings have fewer than eight testing units, each testing unit shall betested
23. Section NI 104.2 (R404.2) Interior Lighting Controls; deleted in its entirety.
24. Nl105.2 (R405.2) Performance-based compliance., is deleted in its entirety and
replaced by the following:
2021 International Residential Code
Nll05.2 (R405.2) Performance-based compliance. Compliance based on total building
performance requires that a proposed design meets all of the following:
1. The requirements of the sections indicated within Table Nl 105.2 (R405.2).
2. The building thermal envelope greater than or equal to levels of efficiency and
solar heat gain coefficients in Table R402.1.1 or R402.1.3 of the 2009 International
Energy Conservation Code.
3 . An annual energy cost that is less than or equal to the annual energy cost of the
2021 standard reference design or 8% less than the annual energy cost of the 2018
standard reference design. Energy prices shall be taken from a source approved by
the code official, such as the Department of Energy, Energy Information
Administration’s State Energy Data North Central Texas Council of 5 Governments
Amendments Approved October 2021. System Prices and Expenditures reports.
Code officials shall be permitted to require time-of-use pricing in energy costcalculations.
Exception: The energy use based on source energy expressed in Btu or Btu
per square foot of conditioned floor area shall be permitted to be substitutedfor the energy cost. The source energy multiplier for electricity shall be
3.16. The source energy multiplier for fuels other than electricity shall be
1 1
25. Table Nl106.5 R406.5 MAXIMUM ENERGY RATING INDEX; is deleted in its
entirety and replaced by the following:
TABLE Nll06.5 (R406.5)1 MAXIMUM ENERGY RATING INDEX
CLIMATE ZONE EFFECTIVE DATES ENERGY RATINGINDEX
63Until August 3 1, 2022
September 1, 2022 toAugust 3 1, 2025
September 1, 2025 to
August 3 1, 2028
September 1, 2028
2021 International Residential Code
26. Section Nl 108 (R408) ADDITIONAL EFFICIENCY PACKAGE OPTIONS; deleted
In lts entIrety.
27. The following language is hereby added to Section M1305.1.2 as a second
paragraph:
As a minimum, for access to the attic space, one of the following shall be provided:
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.
28. Section M141 1.5 is deleted in its entirety and replaced with the following:
M1411.5 Auxiliary drain pan. Category IV condensing appliances shall have an
auxiliary drain pan where damage to any building component will occur as a result of
stoppage in the condensate drainage system or failure of a condensate pump. Thesepans shall be installed in accordance with the applicable provisions of SectionM 1411.3.1 item (1.) and shall also be provided under condensate pumps.
29. Section P2603.5.1 is deleted in its entirety and replaced with the following:
P2603.5.1 Sewer depth. Building sewers that connect to private sewage disposal
systems shall be not less than 12 inches (305 mm) below finished grade at the point of
septic tank connection. Building sewers shall not be less than 12 inches (305 mm)
below grade.
30. Part VIII – ELECTRICAL is deleted in its entirety.
31. Appendix Section AQ 102.1– TINY HOUSE. The definition of “Tiny House” is
deleted and replaced with the following:
TINY HOUSE. A dwelling that is 500 square feet or less in floor area excludinglofts
SECTION 2. if any provision of this ordinance or the application thereof to any person orcircumstance is held invalid by any court, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this ordinance are severable.
SECTION 3. All provisions of the ordinances of the City of Denton in conflict with the
provision of this ordinance are hereby repealed. The repeal of any ordinance or any portion thereofby the preceding text shall not affect or impair any act done or right vested or accrued or any
proceeding, suit or prosecution had or commenced in any cause before such repeal shall take effectand such shall remain in force for all intents and purposes as if such ordinance or part thereof so
repealed shall remain in force.
2021 International Residential Code
SECTION 4. Any person violating any provision of this ordinance shall, upon conviction,
be found guilty of a misdemeanor and fined a sum not to exceed two thousand dollars ($2,000.00)
for each violation. Each day that a provision of this ordinance is violated shall constitute a separate
and distinct offense.
SECTION 5. Pursuant to Section 2.09(c) of the Charter for the City of Denton and Section214.218 of the Texas Local Government Code, this ordinance shall become effective on June 1,
2022, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record Chronicle, the official newspaper of the City of Denton,
Texas, within ten (10) days of the date of its passage and approval.
SECTION 6. An offense committed before the effective date of this ordinance is governed
by prior law and the provisions of the Denton Code of Ordinances, as amended, in effect when the
offense was committed and the former law is continued in effect for this purpose.
The motion to aPProve this ordinance was made by
seconded bythe following vote [1-U :the ordinance was passed andF
and
approved by
Aye
,/
Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :\/
Brian Beck, District 2: /
Jesse Davis, District 3 :\/
Alison Maguire, District 4:i/
Deb Armintor, At Large Place 5 :
Paul Meltzer, At Large Place 6:/
PASSED AND APPROVED this, the a day of Apr: \_, 2022.
kmJDa [MRt–OR
ATTEST:
ROSA RIOS, CiTY SECRETARY II\\\\11111/OF
2021 International Residential Code
NlIIII\
APPROVED AS TO LEGAL FORM:MACK REINWAND. CITY ATTORNEY
IJHh\ /11111 1L!?Ib gjl ; ;To: F391 r T : : 5 3 : 0 5BY: J v -05'OO'
2021 International Residential Code