79R6196 PAM-D
By: Corte H.B. No. 1949
A BILL TO BE ENTITLED
AN ACT
relating to the adoption of a uniform commercial building code for
use in the state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 214.211, Local Government Code, is
amended by adding Subdivisions (4) and (5) to read as follows:
(4) "International Building Code" means the
International Building Code promulgated by the International Code
Council.
(5) "Commercial" means a building for the use or
occupation of people for:
(A) a public purpose or economic gain; or
(B) a residence if the building is a multifamily
residence that is not defined as residential by this section.
SECTION 2. Subchapter G, Chapter 214, Local Government
Code, is amended by adding Section 214.216 to read as follows:
Sec. 214.216. INTERNATIONAL BUILDING CODE. (a) To
protect the public health, safety, and welfare, the International
Building Code, as it existed on May 1, 2003, is adopted as a
municipal commercial building code in this state.
(b) The International Building Code applies to all
commercial buildings in a municipality for which construction
begins on or after January 1, 2006, and to any alteration,
remodeling, enlargement, or repair of those commercial buildings.
(c) A municipality may establish procedures:
(1) to adopt local amendments to the International
Building Code; and
(2) for the administration and enforcement of the
International Building Code.
(d) A local amendment adopted under Subsection (c) may not
result in less stringent building requirements than the
requirements prescribed by the International Building Code, as it
existed on May 1, 2003.
(e) A municipality may review and consider amendments made
by the International Code Council to the International Building
Code after May 1, 2003. Subsection (d) does not apply to an
amendment adopted by a municipality under this subsection.
SECTION 3. Chapter 233, Local Government Code, is amended
by adding Subchapter E to read as follows:
SUBCHAPTER E. COMMERCIAL BUILDING CODE
Sec. 233.121. DEFINITIONS. In this subchapter:
(1) "Commercial" means a building for the use or
occupation of people for:
(A) a public purpose or economic gain; or
(B) a residence if the building is a multifamily
residence that is not defined as residential by this section.
(2) "International Building Code" means the
International Building Code promulgated by the International Code
Council.
(3) "Residential" means having the character of a
detached one-family or two-family dwelling or a multiple
single-family dwelling that is not more than three stories high
with separate means of egress, including the accessory structures
of the dwelling, and that does not have the character of a facility
used for the accommodation of transient guests or a structure in
which medical, rehabilitative, or assisted living services are
provided in connection with the occupancy of the structure.
Sec. 233.122. INTERNATIONAL BUILDING CODE. (a) To
protect the public health, safety, and welfare, the International
Building Code, as it existed on May 1, 2003, is adopted as a
commercial building code in the unincorporated area of counties in
this state.
(b) The International Building Code applies to all
commercial buildings in the unincorporated area of a county for
which construction begins on or after January 1, 2006, and to any
alteration, remodeling, enlargement, or repair of those commercial
buildings.
(c) The commissioners court of a county may establish
procedures:
(1) to adopt local amendments to the International
Building Code; and
(2) for the administration and enforcement of the
International Building Code.
(d) A local amendment adopted under Subsection (c) may not
result in less stringent building requirements than the
requirements prescribed by the International Building Code, as it
existed on May 1, 2003.
(e) The commissioners court may review and consider
amendments made by the International Code Council to the
International Building Code after May 1, 2003. Subsection (d) does
not apply to an amendment adopted by a county under this subsection.
SECTION 4. Before January 1, 2006, rules shall be
established and other actions taken as necessary:
(1) by municipalities to implement Section 214.216,
Local Government Code, as added by this Act; and
(2) by counties to implement Subchapter E, Chapter
233, Local Government Code, as added by this Act.
SECTION 5. (a) Except as provided by Subsection (b) of this
section, this Act takes effect January 1, 2006.
(b) This section and Section 4 of this Act take effect
September 1, 2005.