Memorandum
City of Lawrence
Planning & Development Services
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TO: |
Diane Stoddard, Interim City Manager
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FROM: |
Barry Walthall, Building Official Brian Jimenez, Code Enforcement Manager James King, Fire Prevention Division Chief
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C:
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Scott McCullough, Planning & Development Services Director Mark Bradford, Fire Chief Kurt Schroeder, Assistant Director of Planning & Development Services
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Date: |
February 19, 2016
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RE: |
Adoption of 2015 International Codes |
The City’s construction code Advisory Boards, including the Building Code Board of Appeals, Fire Code Board of Appeals, Electrical Code Board of Appeals, Mechanical Code Board of Appeals, and Plumbing Code Board of Appeals, and staff have completed technical review of the 2015 International Code Council (ICC) series of construction codes, and ordinances adopting these codes are provided for consideration by the City Commission. The 2015 series of codes recommended for adoption, along with a description of the scope of construction activity regulated by each code, include:
· International Building Code – Regulates the design, installation and construction of buildings and building systems for other than one- and two-family dwellings and townhouses.
· International Fire Code – Establishes regulations for protection from the hazards of fire, explosion or dangerous conditions in buildings, structures and premises for other than one- and two-family dwellings and townhouses.
· International Residential Code – Regulates the design and construction of one- and two-family dwellings and townhouses, including structural, energy conservation, fire, mechanical, electrical, plumbing and fuel gas code requirements.
· International Energy Conservation Code – Regulates the design of energy-efficient building envelopes and installation of energy-efficient mechanical, plumbing, lighting and power systems.
· International Existing Building Code – Regulates the repair, alteration, change of occupancy, addition to and relocation of existing buildings for other than one- and two-family dwellings and townhouses.
· International Mechanical Code – Regulates the design and installation of heating, air conditioning and ventilation systems in other than one- and two-family dwellings and townhouses.
· International Plumbing Code – Regulates the design and installation of plumbing systems in other than one- and two-family dwellings and townhouses.
· International Fuel Gas Code – Regulates the design and installation of fuel gas systems in other than one- and two-family dwellings and townhouses.
· International Property Maintenance Code – Establishes minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, a reasonable level of safety from fire and other hazards, and for reasonable level of sanitary maintenance for all existing residential and non-residential structures and premises.
· 2014 National Electrical Code – Regulates the design and installation of electrical systems in other than one- and two-family dwellings and townhouses.
The 2014 National Electrical Code is also recommended for adoption in conjunction with the ICC codes.
The proposed effective date for all of the above-listed codes is July 1, 2016.
Code Update Summary
The City currently reviews building permit applications under the 2012 set of ICC model building codes, which became effective on July 1, 2013. ICC updates these codes on a three-year cycle and the city strives to update the codes on the same cycle. Timely adoption of the most current building codes has been identified by consultants in the past as an improvement of the City’s development process, and by the Insurance Services Office, Inc. (ISO) as an important factor in the evaluation of the community’s ISO Building Code Effectiveness Grading Classification (BCEG). According to data provided on the ISO website, Lawrence is the top rated community in the State of Kansas for building code effectiveness. Strong BCEG ratings have been a factor in reduced flood insurance rates for the community.
The 2015 codes incorporate numerous changes from the currently adopted 2012 codes, many of which are editorial in nature intended to clarify intent, but also including changes that will impact design and construction. In addition to changes contained within the ICC codes, the adopting ordinances include new and previously existing amendments that are recommended for approval by Advisory Boards and staff that are intended to satisfy local conditions or priorities. Amendments to previous code editions are generally carried forward except when the 2015 codes adequately address the issue. Notable code changes and new amendments are summarized throughout the remainder of this report.
2015 International Building Code
Storm Shelters
The 2015 International Building Code (IBC) includes new requirements for storm shelters for critical emergency operations facilities and K-12 educational facilities. The requirements for storm shelters are applied because Lawrence is within a zone where the tornado shelter design wind speed is 250 MPH. The requirement for storm shelters would apply to new buildings and additions to existing buildings, but not to renovation projects where the footprint of the existing building is not expanding.
· Critical emergency operations facilities include 911 call stations, emergency operation centers and fire, rescue, ambulance and police stations. The code offers options to provide a shelter within the building, or to construct the entire building as a shelter. A shelter would be required for these facilities regardless of size or occupant load. The capacity of the storm shelter is not specified. According to the IBC Code Commentary published by ICC, the “first thought of capacity should be protecting the occupants of the building…”, and that “thought should be given to people in adjacent or nearby buildings that may not have their own shelter”. In the opinion of staff, capacity of storm shelters for these buildings would not be dictated by the code or the building official, but would be a collaborative planning function involving the relevant emergency operations agency, their design professionals and City and/or County administration staff in conjunction with the normal permit review process, with the objective of protecting the community’s first responders’ abilities to provide appropriate levels of service in the event of storm related emergencies.
· Storm shelters for educational facilities are required when the aggregate occupant load of a new building or building addition is 50 or more. Day care facilities and educational occupancies that are accessory to places of religious worship are exempt from the requirement. Shelters for schools would be required to be capable of housing the full occupancy of the building, including existing facilities in the event of a building addition project. The code offers options to construct the whole school as a shelter, or to provide one or more shelters within the building. Options for shelters within the building could be a single large assembly area, such as an auditorium or gymnasium, or multiple smaller areas such as restrooms.
Minimum Restroom Facilities
The 2015 IBC and 2015 International Plumbing Code (IPC) require separate restroom facilities for each sex where the occupant load is greater than 100 for mercantile occupancies or 15 for other non-residential occupancies; and in existing buildings undergoing alterations and/or change in occupancy when the occupant load increases by more than twenty percent. Residential occupancies are not affected by this requirement.
· The Building Code Board of Appeals and Plumbing Code Board of Appeals recommend that the codes be amended to maintain the requirement for separate facilities for mercantile occupancies with an occupant load great than 100; and increase the allowable occupant load from 15 to 30 for other non-residential occupancies, thus reducing this code standard.
Additionally, the 2015 International Existing Building Code (IEBC) references the IBC and requires separate facilities for each sex when buildings undergo a change of occupancy if the occupant load increases by 20%. This requirement for additional restrooms has been a frequent issue for small businesses moving into small existing tenant spaces, from both an expense perspective as well as a significant reduction in usable area.
· The Building Code Board of Appeals recommends that the IEBC be amended to require separate restroom facilities for each sex for non-food handling occupancies greater than 2,000 square feet. Food handling establishments are excluded from this exemption because health codes typically require separate facilities, and the occupant loads for these businesses are higher than most other businesses. Food establishments that provide only carry out services and no seating for consumption is provided are afforded reductions in restroom requirements elsewhere in the codes.
These changes would significantly reduce the burden on small businesses to construct separate restroom facilities.
Swimming Pools
Requirements for swimming pools have been removed from the 2015 IBC and International Residential Code (IRC), and placed in a new ICC publication, the 2015 International Swimming Pool and Spa Code (ISWSC). First printings of the 2015 IBC and IRC include requirements for swimming pools, but published errata to the codes indicate the swimming pools regulations were removed. Second printings of the codes do not include swimming pool requirements.
· Staff, with the concurrence of the Building Code Board of Appeals, recommends amending the 2015 IBC and IRC to include swimming pool regulations as published in first printing editions of the 2015 IBC and IRC, and as published in the 2012 editions of these codes.
· The Building Code Board also recommends amending the minimum height of barriers or fences surrounding swimming pools from 48 inches to 72 inches to align with standards enforced by the Lawrence-Douglas County Health Department.
· Staff recommends consideration of the ISWSC for possible adoption by the City during the next code review cycle, which likely will be the 2018 editions of the ICC family of codes.
2015 International Residential Code
Energy Conservation
The 2015 IRC and 2015 International Energy Conservation Code (IECC) include new provisions for an Energy Rating Index (ERI) compliance alternative as a method to comply with energy conservation requirements for residential construction, both one- and two-family dwellings and townhouses regulated under the IRC and multi-family dwellings regulated by the IECC. This method of alternative compliance allows builders flexibility to meet the energy conservation standards with potentially more cost effective methods of construction.
· Under the ERI alternative a building would be evaluated by an approved, independent, third party specialist, who would provide a report certifying compliance prior to issuance of a certificate of occupancy.
· The ERI option closely aligns with amendments to the 2012 codes that were developed collaboratively between the Building Code Board of Appeals, the Lawrence Home Builders Association, and City of Lawrence staff. The amendment, which was adopted as “Appendix R” to the 2012 IRC, allowed builders to use the Home Energy Rating System (HERS) to achieve compliance. HERS is an ERI system that would continue to be recognized under the 2015 codes.
· An ERI analysis assigns a numerical rating to the building, based on a scale of 0 to 100 or higher. A rating of 100 is the reference design value, which indicates a building that would comply with the 2006 International Energy Conservation Code (IECC). A rating greater than 100 would indicate a building does not meet the minimum requirements for energy conservation requirements of the 2006 IECC. An ERI rating of 0 would indicate the building uses no net purchased energy. The 2015 codes require a rating of 54 to demonstrate compliance, which is a 16% increase in performance from the 2012 IECC standard requiring a rating of 70 or better.
· During the process of adopting the 2012 I-Codes the “Appendix R” amendment allowing the HERS system as a compliance alternative included a graduated schedule for compliance that required scores of 80 or better beginning in July, 2013; 75 beginning in July, 2014; and achieving the 2012 IECC and IRC mandated score of 70 or better beginning in July, 2015.
· The Building Code Board of Appeals recommends maintaining the 2012 IECC and IRC mandated ERI score of 70 or better for the 2015 codes cycle in place of the 54 required by the 2015 codes. The Board’s justifications for maintaining the current requirement include the following:
1. That the 16% increase in performance mandated for ERI compliance does not correlate with increased performance that would be achieved through compliance with prescriptive requirements of the code. According to a report prepared for the U. S. Department of Energy entitled “National Cost-Effectiveness of the Residential Provisions of the 2015 IECC”, the prescriptive and mandatory provisions of the 2015 IECC only vary slightly from the 2012 IECC, but are substantially more energy efficient and cost-effective than the provisions of the 2009 IECC.
2. The discrepancy in increase of performance between the prescriptive provisions of the code and the ERI compliance alternative may result in more contractors utilizing the prescriptive provisions of the code which would allow them to build substantially in compliance with the 2012 standards. Insulation of portions of plumbing piping systems and HVAC ductwork are increased slightly with the 2015 codes, but energy efficiency requirements for building systems (electrical, plumbing, heating, ventilation and air conditioning), building envelope (walls, foundations, floors, roof/ceiling) and building fenestration (windows and doors) are unchanged from the 2012 codes.
3. A perception that Lawrence is a leader in the State of Kansas, and the Midwest region, in adoption and implementation of energy codes; and,
4. Concern that further increases in performance puts the home building industry at a competitive disadvantage regionally.
The energy codes as well as construction materials and methods of construction are evolving and the Building Code Board of Appeals and staff expect that the discussion of appropriate level of energy conservation performance will continue with the 2018 code adoption process.
Miscellaneous Standards
Other notable changes to the IRC that provide for improved health, safety and welfare of dwelling unit occupants, including:
· Carbon monoxide (CO) alarms have been required in dwellings since the 2009 code cycle. For new construction, additions and substantially renovated dwellings, the 2015 IRC requires that CO alarms receive their primary power supply from and be permanently connected to the building wiring system, and be equipped with batteries for supplemental power to prevent interruption of service during power outages. Current standards permit CO alarms to be battery powered or be plugged in to a wall outlet. The 2015 IRC also recognizes combination CO alarm/smoke detectors as a method of compliance.
· The minimum area for a habitable room in dwelling units is reduced from 120 square feet to 70 square feet. This reduction is intended to accommodate the construction of minimalist dwellings, or “tiny houses”.
· New sections have been added to the IRC to regulate solar energy systems, including solar thermal systems and rooftop-mounted photovoltaic systems. The new regulations address design and installation of these systems, and are aligned with standards already contained in the IBC, National Electrical Code, and International Fire Code.
2015 International Fire Code
A review of the 2015 International Fire Code (IFC) was completed by the Fire Code Board of Appeals. In the opinion of the Board, changes to the 2015 IFC would not introduce or result in negative or cost significant changes to local development.
The Fire Code Board of Appeals recommends adoption of the 2015 IFC with the submitted local amendments. Currently existing amendments that are adequately addressed in the 2015 IFC are removed. Some changes that may be of the most interest include the following:
· Definitions of Residential Group R-3 Occupancies are harmonized with the City of Lawrence Development Code to establish a minimum threshold above which automatic sprinkler systems will be required. Affected Residential Group R-3 Occupancies that require automatic sprinkler systems include congregate living facilities, care facilities that provide accommodations for five or fewer persons, lodging houses, and buildings that contain more than two dwelling units. One- and two-family dwellings are exempt from requirements to install automatic sprinkler systems.
· Amended Section 914 to include and define Animal Housing facilities and the Commission authorized protection requirements.
· Amended Table 1004.1.2 to include requirement for automatic sprinkler systems when compression of space (increased allowance for number of occupants as provided by local amendment) for sleeping dormitories is used.
· Amended Section 5601.1.3 to disallow aerial luminaries (floating sky lanterns). This amendment is already existing and not included in previous editions of the IFC.
· Amended Appendix J to include fire alarm requirements in existing mixed Occupancies City wide.
2015 International Property Maintenance Code
The City currently regulates minimum property maintenance standards under the 2012 International Property Maintenance Code (IPMC) and amendments thereto. The IPMC applies to all existing residential and nonresidential structures and all existing premises, and constitutes the minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance.
The changes within the 2015 IPMC compared to the 2012 IPMC are minimal. The most noteworthy changes include the following items.
· Chapter 1 (Scope and Administration). The language of “owner’s authorized agent” has been incorporated into the 2015 IPMC wherever the owner’s responsibility is discussed to allow an agent to accept more responsibility in carrying out requirements of the Code. (No amendments are proposed).
· Chapter 2 (Definitions). There are three new definitions in the 2015 IPMC: Cost of Such Demolition or Emergency Repairs; Historic Building; and Infestation. The only definition proposed to be amended is Infestation, by adding “bed bugs” to insects, rodents, vermin or other pests.
· Chapter 7 (Fire Safety Requirements). Several new sections or subsections have been added in the 2015 IPMC that mirror new or clarified requirements in the 2015 International Fire Code (IFC). Language has been added at Section 704.1.2 of the 2015 IPMC to require an approved sign stating “FDC” when the fire department connection is not visible to approaching fire apparatus. (No amendments are proposed). Section 704.2, Single- and multiple-station smoke alarms, has been expanded in the 2015 IPMC with new subsections that: (1) list general exceptions for smoke alarms (704.2.1); (2) separately set forth requirements by type of residential occupancy classification (704.2.1.1 and 704.2.1.2); and (3) add new minimum distance requirements for placement of smoke alarms near cooking appliances and bathrooms (704.2.1.3 and 704.2.1.4). (Several amendments to these new subsections are being proposed, as outlined below). A new section, 704.2.4, Smoke detection system, has been added in the 2015 IPMC to allow smoke detectors, provided as part of a building’s fire alarm system (and meeting certain minimum standards), as an acceptable alternative to single and multi-station smoke alarms. (No amendments are proposed).
Ordinance No. 9203 is provided for consideration by the Commission. Staff has proposed new local amendments to the 2015 IPMC in addition to amendments that have been carried over from the City’s currently adopted Property Maintenance Code. Some of the most notable new amendments are identified below.
· Several new definitions have been added to Chapter 2, including Bulky Waste, Salvage Materials, Tree Waste, Upholstered Furniture, Vehicle and Vehicle, Inoperable.
· Language has been added in Section 302.8 (Vehicles) to require that all motor vehicles be parked on a legal driveway constructed with materials pursuant to Article 9 of the City’s Land Development Code.
· Significant changes have been made to Section 302.10 (Exterior Property Storage) to specifically identify items that cannot be stored within or upon yards, porches (unenclosed), decks or balconies. Defined terms (several new) have been incorporated into this Section. New language has been added providing three exceptions to allow outdoor storage of firewood, lumber, construction materials and landscape materials under certain conditions. A fourth exception has been added to allow for other types of outdoor storage as an accessory use in nonresidential districts, provided there is an approved site plan for such use.
· Code Section 302.11, Exterior Property storage for Urban Agriculture, has been “Reserved”. Specific language will be proposed when Land Development Code (LDC) text amendments relating to Urban Agriculture uses are presented to the City Commission for consideration. Per direction received from the City Commission to amend LDC Urban Agriculture use regulations, the Planning Commission has been reviewing possible LDC text amendments. The future language of Section 302.11 will complement the LDC text amendments, and will further specify the types of Urban Agriculture implements, equipment and/or materials that may be stored within the exterior property area of a premise.
· Sections 307.1 and 307.2 (and subsections) relating to handrails and guards (and guardrails) have been re-written to clarify when new handrails and/or guards will be required on existing stairs, and when new guards and guardrails will be required on elevated walking surfaces (such as landings, porches, balconies and decks). The guardrail height amendments are less restrictive than the current Property Maintenance Code, but are written to ensure public safety while allowing existing guardrails at least 30” high to remain (provided they are not deteriorated or badly damaged).
· Important new code language has been incorporated into Section 702.4 (Emergency escape openings) to parallel Residential Rental Property Licensing code standards previously approved by the City Commission in the Residential Rental Property Ordinance Administrative Regulations. The revised code language clarifies current standards for maximum sill height, minimum height and width, and minimum net clear opening area for existing emergency escape and rescue openings. Maximum sill height for existing openings has been increased to 48” from the previous 44” maximum, and new language has been added to allow installation of up to two permanently installed steps under such openings to meet maximum sill height requirements. New language is also added to clarify minimum emergency egress standards and conditions for existing sleeping rooms located more than two stories above grade.
· New 2015 IPMC subsection 704.2.1, relating to existing single-station smoke alarms in certain residential occupancies, has been amended to delete two of the three listed exceptions to reflect local code requirements that have been enforced for over 15 years.
· New 2015 IPMC subsections 704.2.1.3 and 704.2.1.4, outlining minimum distance requirements for placement of smoke alarms near cooking appliances and bathrooms, have been amended to include an exception that does not require existing smoke alarms to be relocated to comply with the new minimum distance requirements.
The Building Code Board of Appeals (BCBA) is the appeal board for the IPMC. The BCBA reviewed the 2015 IPMC with proposed text amendments on November 12, 2015. The BCBA recommends the adoption of the 2015 IPMC as established in Ordinance 9199.
DEMOLITION PERMIT FEES
Staff recommends increasing demolition permit fees from $50 to $100. Demolition permit applications are published in the legal notice section of the Lawrence Journal World, which typically costs between $45 and $60. The recommended increase is to recover the publishing and administrative costs associated with review and issuance of demolition permits. Demolition fees have not been increased since 1987. This increase is included in proposed Ordinance 9176.
Requested Action:
Adopt ordinances 9167, 9168, 9169, 9170, 9171, 9172, 9173, 9174, 9175, 9176, 9199 and 9203 on first reading.