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A BILL TO BE ENTITLED
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AN ACT
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relating to municipal regulation of stairway requirements in |
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certain multifamily residential buildings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 214, Local Government Code, is amended |
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by adding Subchapter I to read as follows: |
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SUBCHAPTER I. SINGLE STAIRWAY IN CERTAIN MULTIFAMILY RESIDENTIAL |
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BUILDINGS |
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Sec. 214.301. DEFINITION. In this subchapter, "multifamily |
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residential building" means a residential building with a Group R-2 |
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occupancy under the International Building Code as adopted under |
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Section 214.216. |
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Sec. 214.302. APPLICABILITY OF SUBCHAPTER. This subchapter |
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applies only to a municipality that has a fire department that |
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employs firefighters who have met the requirements for |
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certification by the Texas Commission on Fire Protection under |
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Chapter 419, Government Code. |
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Sec. 214.303. CERTAIN STAIRWAY REQUIREMENTS PROHIBITED. |
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(a) Notwithstanding any other law, a municipality may not adopt or |
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enforce an ordinance, rule, or other regulation requiring a |
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multifamily residential building to have more than one stairway if |
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the building meets all other applicable provisions of the adopted |
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local building codes and: |
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(1) does not have more than six stories above grade |
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plane and is not a high-rise as defined by the International |
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Building Code, as adopted under Section 214.216; |
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(2) does not have more than four dwelling units on any |
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floor; |
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(3) has automatic sprinkler locations in each interior |
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exit stairway, regardless of the type of stairway construction, |
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that comply with the requirements prescribed by National Fire |
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Protection Association Standard 13 for combustible stairways; |
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(4) has: |
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(A) an exterior stairway; or |
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(B) an interior exit stairway for which the |
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doors: |
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(i) into the stairway from the interior of |
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the building swing into the stairway regardless of the occupant |
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load served; and |
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(ii) from the interior exit stairway to the |
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building exterior swing in the direction of exit travel; |
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(5) has interior exit stairway enclosures that have a |
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fire resistance rating of not less than two hours; |
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(6) has on each floor a corridor from each dwelling |
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unit entry or exit door to an interior exit stairway, including any |
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related exit passageway, that has a fire resistance rating of at |
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least one hour; |
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(7) does not have more than 20 feet between the entry |
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or exit door of a dwelling unit and an exit stairway; |
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(8) does not have more than 125 feet of exit access |
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travel distance; |
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(9) has an exit serving the portion of the building |
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with a Group R-2 occupancy under the International Building Code as |
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adopted under Section 214.216 that does not discharge through a |
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portion of the building with a different occupancy category, |
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including an accessory parking garage; |
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(10) has an exit that terminates in an egress court for |
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which the court depth does not exceed the court width, unless it is |
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possible to exit the egress court to the public way in either |
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direction; |
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(11) does not have an opening within 10 feet of an |
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unprotected opening into an exit stairway other than a required |
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exit door that has a fire resistance rating of at least one hour; |
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(12) has emergency escape and rescue openings that |
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comply with Section 1031 of the International Building Code as |
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adopted under Section 214.216 on each floor served by a single exit; |
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(13) does not have an electrical receptacle in an |
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interior exit stairway; and |
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(14) has an automatic smoke and fire detection system |
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that activates an occupant notification system that complies with |
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Section 907.5 of the International Building Code as adopted under |
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Section 214.216 installed in each: |
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(A) common space outside of a dwelling unit; |
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(B) laundry room, mechanical equipment room, and |
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storage room; |
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(C) interior corridor serving a dwelling unit; |
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and |
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(D) main floor landing or interior or exterior |
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exit stairway. |
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(b) This section does not prohibit a municipality from |
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adopting an ordinance, rule, or other regulation that authorizes a |
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single stairway for a multifamily residential building that does |
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not comply with Subsection (a). |
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Sec. 214.304. NO EFFECT ON PROPERTY OWNERS' ASSOCIATIONS |
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AND OTHER PRIVATE AGREEMENTS. This subchapter does not prohibit a |
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property owner from enforcing rules or deed restrictions imposed by |
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a property owners' association or by other private agreement. |
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Sec. 214.305. AUTHORIZED REGULATION. Except as provided by |
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this subchapter, a municipality's height limitations, front |
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setback requirements, site plan review requirements, and other |
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zoning requirements that generally apply to the construction of a |
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multifamily residential building in the area in which the building |
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is built apply to a multifamily residential building described by |
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this subchapter. |
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SECTION 2. This Act takes effect September 1, 2025. |