The text
Sec. 22-51. - International Building Code.#
(a)
The International Building Code, 2021 edition, a copy of which is on file in the office of the city secretary is hereby adopted as the building code of the city, said adoption being inclusive of appendices listed:
(1)
Appendix C, Group U -Agricultural Buildings
(2)
Appendix E, Supplementary Accessibility Requirements
(3)
Appendix F, Rodent Proofing
(4)
Appendix G, Flood-Resistance Construction
(5)
Appendix I, Patio Covers
(6)
Appendix J, Grading
(7)
Appendix K, Administrative Provisions
(8)
Appendix L, Earthquake Recording Instrument
(9)
Appendix O, Performance-Based Application
(Ord. No. 2025-07, § 1, 2-11-25)
Editor's note— Ord. No. 2025-07, § 1, adopted Feb. 11 2025, repealed the former § 22-51, and enacted a new § 22-51 as set out herein. The former § 22-51 pertained to International Building, Residential and Existing Building Codes, 2015 edition and derived from Code 1979, ch. 3, § 1; Ord. No. 84-11, § 1, adopted June 12, 1984; Ord. No. 85-25, ch. 3, § 1, adopted Aug. 27, 1985; Ord. No. 86-18, § 1, adopted Sept. 9, 1986; Ord. No. 88-17, ch. 3, § 1, adopted Nov. 8, 1988; Ord. No. 95-3, § 1, adopted Feb. 14, 1995; Ord. No. 98-16, § 1, adopted Nov. 12, 1998; Ord. No. 2001-26, § 1, adopted Dec. 11, 2001; Ord. No. 2003-17, § 1, adopted Oct. 21, 2003; Ord. No. 2005-17, § 1, adopted Sept. 6, 2005; Ord. No. 2009-23, § 1, adopted Nov. 24, 2009; Ord. No. 2009-26, § 1, adopted Nov. 24, 2009; Ord. No. 2009-27, § 1, adopted Nov. 24, 2009; Ord. No. 2016-30, § 2, adopted Oct. 27, 2016; Ord. No. 2017-14, § 2, adopted July 14, 2017.
Sec. 22-52. - Interpretation of article.#
Wherever in the building code hereby adopted it is provided that anything must be done to the approval of or subject to the direction of the enforcing officer, this shall be construed to give such officer only the power to determine whether the rules and regulations established by this article have been complied with, and shall not be construed as giving such officer discretionary powers.
(Code 1979, ch. 3, § 1(B))
Sec. 22-53. - Officers acting for city not personally liable.#
Any officer or employee, or member of the board of adjustment, charged with the enforcement of this building code, acting for the city in the discharge of his duties, shall not thereby render himself liable personally, and he is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties. Any suit brought against any officer or employee because of such act performed by him in the enforcement of any provision of this building code shall be defended by the city attorney until the final termination of the proceedings.
(Code 1979, ch. 3, § 1(F))
Sec. 22-54. - Definitions.#
The following words, terms and phrases, when used in the code adopted in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Corporation counsel means the attorney for the city.
Municipality means the city.
(Code 1979, ch. 3, § 1(H))
Cross reference— Definitions generally, § 1-2.
Sec. 22-55. - Amendments to the International Building Code.#
(a)
Section 101.1 "Title" Insert: "The City of Burnet, Texas."
(b)
Section 101.4 "Referenced codes." Amend to read: The other codes listed in Sections 101.4.1 through 101.4.8 and referenced elsewhere in this code, when specifically adopted, shall be considered part of the requirements of this code to the prescribed extent of each such reference. 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 to NFPA 70 or the Electrical Code shall mean the Electrical Code as adopted.
(c)
Section 103.1 "Creation of enforcement agency" Insert "The City of Burnet Building Department"
(d)
Section 105.1 "Required" Amend to read: Any owner of authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure; or to erect, install, enlarge, alter, repair, remove, convert, or replace any electrical, gas, mechanical, or plumbing systems; the installation of which is regulated by this code, or to install accessory structures, or to cause any such work to be done, shall first make application to the Building Official for a permit, shall comply with applicable state and local rules and regulations concerning licensing and registration, and obtain the required permit."
(e)
Section 105.2 "Work exempt from permit." Amend Item 1: 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.
(f)
Section 110.6.1 "Re-inspection." Add new section to read as follows: "Where any work or installation does not pass any inspection, the necessary corrections shall be made to achieve compliance with this code. The work or installation shall then be re-submitted to the code official for re-inspection. A fee shall be paid to the city for each re-inspection."
(g)
Section 113 "Board of Appeals" delete this section in its entirety.
(h)
Section 202 "Definitions" Amend section by adding or changing the following definitions:
AMBULATORY CARE FACILITY. Buildings or portions thereof used to provide medical, surgical, psychiatric, nursing, or similar care on a less than 24-hour basis to persons who are rendered incapable of self-preservation by the services provided or staff has accepted responsibility for care recipients already incapable. This group may include but not be limited to the following: Dialysis centers, Sedation dentistry, Surgery centers, Colonic centers, Psychiatric centers, or Procedures involving sedation.
ASSISTED LIVING FACILITIES. A building or part thereof housing persons, on a 24-hour basis, who because of age, mental disability, or other reasons, live in a supervised residential environment which provides personal care services. The occupants are capable of responding to an emergency situation without physical assistance from staff.
REPAIR GARAGE. A building, structure, or portion thereof used for servicing or repairing motor vehicles. This occupancy shall also include garages involved in minor repair, modification and servicing or motor vehicles for items such as lube changes, inspections, windshield repair or replacement, shocks, minor part replacement and other such minor repairs.
HIGH-RISE BUILDING. A building with an occupied floor located more than 55 feet (16 764 mm) above the lowest level of fire department vehicle access.
(i)
Section 303.1.3 "Associated with Group E occupancies." Add a sentence to read as follows: "A room or space used for assembly purposes that is associated with a Group E occupancy is not considered a separate occupancy, except when applying the assembly requirements of Chapters 10 and 11."
(j)
Section 307.1.1 "Uses other than Group H." Add the following sentence to Exception 4: "4. Cleaning establishments... {Text unchanged} ...with Section 707 or 1-hour horizontal assemblies constructed in accordance with Section 711 or both. See also IFC Chapter 21, Dry Cleaning Plant provisions."
(k)
Section 406.7.2 "Canopies". Amend the height requirements to 14 feet, 0 inches (4,267.2 mm).
(l)
Section 502.1 "Address Identification". Amend to read: "New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less than six (6) inches (152.4 mm) high with a minimum stroke width of one (1) inch (25.44 mm). Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road, buildings do not immediately front a street, and/or the building cannot be viewed from the public way, a monument, pole or other sign with approved 6-inch (152.4 mm) height building numerals. Address identification shall be maintained.
Exception: R-3 Single Family occupancies shall have approved numerals of a minimum of four (4) inches (101.6 mm) in height and a color contrasting with the background clearly visible and legible from the street fronting the property and rear alleyway where such alleyway exists.
(m)
Section 903.2.4.2 "Group F-1 Distilled spirits" Amend to read as follows: "903.2.4.2 Group F-1 distilled spirits. An automatic sprinkler system shall be provided throughout a Group F-1 fire area used for the manufacture of distilled spirits involving more than 120 gallons of distilled spirits (>16% alcohol) in the fire area at any one time."
(n)
Section 903.2.9.3 "Group S-1 Distilled spirits or wine." Amend to read as follows: "903.2.9.3 Group S-1 distilled spirits or wine. An automatic sprinkler system shall be provided throughout a Group S-1 fire area used for the bulk storage of distilled spirits or wine involving more than 120 gallons of distilled spirits or wine (>16% alcohol) in the fire area at any one time."
(o)
Section 912 "Fire Department Connections": Add New Section 912.2.3 to read: "912.2.3 Hydrant Distance. An approved fire hydrant shall be located within 100 feet of the fire department connection as the fire hose lays along an unobstructed path."
(p)
Section 1101.2 "Design" Add new section to read as follows: "Buildings and facilities shall be designed and constructed to be accessible in accordance with this chapter and the Texas Accessibility Standards (TAS) of the Architectural Barriers law, Government Code Chapter 469, as applicable.
Exception: Buildings regulated under state law and built in accordance with state-certified plans, including any variance or waivers granted by the state, shall be deemed to be in compliance with the requirements of this chapter."
(q)
Section 1612.3 "Establishment of Flood Hazard Areas." Insert: "The City of Burnet" and "November 1, 2019" respectively.
(r)
Section 1809.5.1 "Frost protection at required exists"; delete entirely
(s)
Section 2702.5 "Designated Critical Operations Areas (DCOA)" Add new section to read: "In areas within a facility or site requiring continuous operation for the purpose of public safety, emergency management, national security, or business continuity, the power systems shall comply with NFPA 70 Article 708."
(t)
Section 2902.1 "Minimum Plumbing Facilities" add second paragraph to read as follows: "ln other than E Occupancies, the minimum number of fixtures in Table 2902.1 may be lowered if requested in writing, by the applicant, stating reasons for a reduced number of fixtures and approved by the Building Official."
(Ord. No. 2025-07, § 2 (Exh. A), 2-11-25)
Editor's note— Ord. No. 2025-07, § 2, adopted Feb. 11 2025, repealed the former § 22-55, and enacted a new § 22-55 as set out herein. The former § 22-55 pertained to amendments to the building codes and derived from the 1979 Code, ch. 3, § 1(J); Ord. No. 85-2, ch. 3, § 1, adopted Jan. 22, 1985; Ord. No. 86-18, § 1, adopted Sept. 9, 1986; Ord. No. 93-11, ch. 3, § 1, adopted Aug. 31, 1993; Ord. No. 96-3, adopted Jan. 23, 1996; Ord. No. 2001-26, § 2, adopted Dec. 11, 2001; Ord. No. 2003-17, § 2, adopted Oct. 21, 2003; Ord. No. 2004-02, § 2, adopted Jan. 13, 2004; Ord. No. 2007-28, § 3, adopted Oct. 23, 2007; Ord. No. 2021-24, § 2, adopted July 27, 2021.
Sec. 22-56. - Penalty for violation of article.#
Whenever in the building code or in any ordinance of the city amending such code an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or wherever in such code or ordinance the doing of an act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, the violation of any such provision of such code or any such ordinance shall be punished by a fine of not exceeding $500.00; provided, however, that no penalty shall be greater or less than the penalty provided for the same or similar offense under the laws of the state. Each day any violation of this code or of any ordinance shall continue, shall constitute a separate offense.
Any person who shall violate any of the provisions of this article, or shall fail to comply herewith, or with any of the requirements thereof, within the city limits shall be deemed guilty of an offense and shall be liable for a fine not to exceed the sum of $2,000.00. Each day the violation exists shall constitute a separate offense. Such penalty shall be in addition to all the other remedies provided herein.
(Ord. No. 95-3, § 2, 2-14-95; Ord. No. 2001-26, § 15, 12-11-01)
Sec. 22-57. - Americans With Disabilities Act.#
The design, construction and reconstruction of public, multi-family, commercial, retail, office, industrial, and other buildings shall conform with the requirements of the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq.; provided that this section shall not be interpreted to extend the requirements of such Act to any building that is not subject to such Act by federal or state law, or to any building or facility that is exempt from or obtains an exemption, or variance, from the federal government.
(Ord. No. 97-8, § 1, 11-11-97)
Sec. 22-58. - International Residential Code.#
(a)
The International Residential Code, 2021 edition, a copy of which is on file in the office of the city secretary is hereby adopted as the residential building code of the city, said adoption being inclusive of appendices listed:
(1)
Appendix AA, Sizing and Capacities of Gas Piping
(2)
Appendix AB, Sizing of Venting Systems
(3)
Appendix AC, Reserved
(4)
Appendix AD, Recommended Procedure for Safety Inspection
(5)
Appendix AE, Manufactured Housing Used as Dwellings
(6)
Appendix AG, Piping Standards
(7)
Appendix AH, Patio Covers
(8)
Appendix Al, Private Sewage Disposal
(9)
Appendix AJ, Existing Buildings and Structures
(10)
Appendix AK, Sound Transmission
(11)
Appendix AM, Home Day Care
(12)
Appendix AN, Venting Methods
(13)
Appendix AO, Automatic Vehicular Gates
(14)
Appendix AP, Sizing of Water Piping System
(15)
Appendix AT, Solar-Ready Provisions
(Ord. No. 2025-07, § 3, 2-11-25)
Sec. 22-59. - Amendments to the International Residential Code.#
(a)
Section R101.1 "Title." Insert: "the City of Burnet, Texas."
(b)
Section R102.4 "Referenced codes and standards." Amend to read: "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 Sections R102.4.1 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 NFPA 70 or the Electrical Code shall mean the Electrical Code as adopted."
(c)
Section R105.2 "Work exempt from permit." "Building": Remove exemption "5. Sidewalks and driveways." Add Item "10: 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."
(d)
Section R106.1 "Submittal documents." Amend to read as follows: "Submittal documents consisting of construction documents, and other data, shall be submitted in digital format where allowed by the building official with each application for a permit. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional. {Exception to remain}
(e)
Section R109.5 "Re-inspection." Add new section to read as follows: "Where any work or installation does not pass any inspection, the necessary corrections shall be made to achieve compliance with this code. The work or installation shall then be re-submitted to the Building Official for re-inspection. A fee shall be paid to the city for each re-inspection."
(f)
Section R112 "Board of Appeals" Delete this section in its entirety.
(g)
Section R110.3 "Certificate issued." Delete: "8. Where an automatic sprinkler system is provided and whether the sprinkler system is required."
(h)
Table R301.2 fill in as follows:
xpp rotatepg?=""? Ground
Snow
Load Wind Design Seismic
Design
Category f Subject to
Damage from Winter Design
Temp e
Ice Barrier Underlayment h
Flood
Hazard g
Air Freezing Index i
Mean Annual
Temp j
Speed d
(MPH) Topographic
Effects k
Special Wind Region L
Windborne
Debris Zone m
Weathering a Frost
Line
Depth b Termite c
5 lb/ft 115 (3 sec-gust/76 fastest mile No No No A Moderate 4" Moderate
to Heavy 28°F No Local
Code 30 65.5°F
Delete remainder of table Manual J Design Criteria and footnote N xpp restore?=""?
(i)
Section R306.5 "Toilet Facilities for Workers." Add section to read as follows: "Toilet Facilities shall be provided for construction workers, and such facilities shall be maintained in a sanitary condition. Construction worker toilet facilities of the non-sewer type shall conform to ANSI Z4.3. The path of travel to required facilities shall not exceed a distance of 600 feet (91.2m)."
(j)
Section R313.2 "One- and two-family dwellings automatic sprinkler systems." Delete this section and subsection in their entirety.
(k)
Section G2408.3 (305.5) "Private Garages." Delete section in its entirety.
(l)
Section G2417.4.2 (406.4.2) "Test duration." Amend to read as follows: "The test duration shall be held for a length of time satisfactory to the Building Official, but in no case for less than ten (10) minutes."
(m)
Section P2503.5.1 "Rough Plumbing" Amend to read as follows: "DWV systems shall be tested on completion of the rough piping installation by water, by air for piping systems other than plastic, or by a vacuum of air for plastic piping systems, without evidence of leakage. The test shall be applied to the drainage system in its entirety or in sections after rough-in piping has been installed, as follows:
1.
Water test. If applied to the entire system, all openings in the piping shall be tightly closed, except the highest opening, and the system shall be filled with water to the point of overflow. If the system is tested in sections, each opening shall be tightly plugged, except the highest openings of the section under test, and each section shall be filled with water, but no section shall be tested with less than a 5-foot (1,524 mm) head of water. In testing successive sections, at least the upper 10 feet (3,048 mm) of the next preceding section shall be tested so that no joint or pipe in the building, except the uppermost 10 feet (3,048 mm) of the system, shall have been submitted to a test of less than 5-foot (1,524 mm) head of water. This pressure shall be held for not less than fifteen (15) minutes. The system shall then be tight at all points."
2.
Air test. An air test for plastic pipe not exceeding five (5) psi for a period not less than 15 minutes shall be allowed for soil testing in wet weather.
3.
Vacuum test. The portion under test shall be evacuated of air by a vacuum-type pump to achieve a uniform gauge pressure of -5 pounds per square inch or a negative 10 inches of mercury column (-34 kPa). This pressure shall be held without the removal of additional air for a period of 15 minutes."
(n)
Section P2603.5.1 "Sewer depth." Add 12-inches in both locations.
(o)
Section P2902.5.3 "Lawn irrigation systems." Amend to read as follows: "Lawn irrigation systems. The potable water supply to lawn irrigation systems shall be protected against backflow by an atmospheric-type vacuum breaker, a pressure-type vacuum breaker, a double-check assembly or a reduced pressure principle backflow preventer. A valve shall not be installed downstream from an atmospheric vacuum breaker. Where chemicals are introduced into the system, the potable water supply shall be protected against backflow by a reduced pressure principle backflow preventer."
(p)
Section P3005.4.2.1 "Building gravity sewer". Add new section to read as follows: "Building gravity sewer shall not be less than three (3) inches (7.62 cm) in diameter."
(q)
Table P3005.4.2. Add footnote "c" to read as follows: Building gravity sewers shall not be less than three (3) inches (7.62 cm) in diameter."
(r)
Section P3007.1.1 "Location of Sumps and Ejectors." Add new section to read as follows: "All portions of any equipment associated with a sewer sump or ejector shall be installed out-of-doors, and not within any building intended for human habitation."
(s)
Section E3601.6.2 "Service Disconnect Locations." Amend section to read as follows: "The service disconnecting means shall be installed at a readily accessible location outside of the building, and as close to the meter base as possible. Each occupant shall have clear access to the service disconnecting means serving the dwelling unit in which they reside."
(t)
Section Al101.1 of Appendix I "Private Sewage Disposal." Amend to read as follows: "All private sewage disposal systems shall conform to the requirements of the Texas Department of Health and the Texas Commission on Environmental Quality.
(u)
Table N1101.7 (R301.1) "Climate Zones, Moisture Regimes, and Warm Humid Designation by State, County and Territory" is amended to designate Burnet County, Texas as climate zone 2A.
(Ord. No. 2025-07, § 4 (Exh. B), 2-11-25; Ord. No. 2026-09, § 1, 3-24-26)
Sec. 22-60. - International Existing Building Code.#
(a)
The International Existing Building Code, 2021 edition, a copy of which is on file in the office of the city secretary is hereby adopted as the existing building code of the city.
(Ord. No. 2025-07, § 5, 2-11-25)
Sec. 22-61. - Amendments to the International Existing Building Code.#
(a)
Section 101.1 "Title." Insert "The City of Burnet, Texas."
(b)
Section 103.1 "Creation of Agency." Insert: "Building Department"
(c)
Section 105.1.1 "Annual permit." is hereby deleted.
(d)
Section 105.1.2 "Annual permit records." Is hereby deleted.
(e)
Section 109.5.1 "Re-inspection." Add new section to read as follows: "Where any work or installation does not pass any inspection, the necessary corrections shall be made to achieve compliance with this code. The work or installation shall then be re-submitted to the Building Official for re-inspection. A fee shall be paid to the city for each re-inspection."
(f)
Section 110.1.2 "Change in tenancy." New section added to read as follows: "It shall be unlawful to make a change in tenancy of any existing commercial use building, or business lease space without first making application for and obtaining approval for a certificate of occupancy."
(g)
Section 110.1.3 "Nontransferable." New section added to read as follows: "Once issued, a property used for a business activity, its certificate of occupancy is not transferable to another owner, person, business, or property."
(h)
Section 110.2 "Certificate issued." Delete Item 11.
(i)
Section 406.1 "Material." Amend to read as follows: "Existing electrical wiring and equipment undergoing repair shall be allowed to be repaired or replaced with like material, in accordance with the requirements of NFPA 70."
(j)
Section 504.1.2 "Existing fire escapes". Amend to read as follows: "Existing fire escapes shall continue to be accepted as a component in the means of egress in existing buildings only. Existing fire escapes shall be permitted to be repaired or replaced."
(k)
Section 702.7 "Materials and methods." Amend to read as follows: "All new work shall comply with the materials and methods requirements in the International Building Code, International Energy Conservation Code, International Mechanical Code, National Electrical Code, and International Plumbing Code, as applicable, that specify material standards, detail of installation and connection, joints, penetrations, and continuity of any element, component, or system in the building."
(l)
Section 802.5.1 "Minimum requirement." Amend to read as follows: "Every portion of sided walking surfaces, including mezzanines, equipment platforms, aisles, stairs, ramps, and landings that is more than 30 inches (762 mm) above the floor or grade below and is not provided with guards, or those in which the existing guards are judged to be in danger of collapsing, shall be provided with guards."
(m)
Section 803.2.6 "Supervision." Change the exception to read as follows: "Exception: Supervision is not required where the Fire Code does not require such for new construction."
(n)
Section 803.3 "Standpipes." Amend to read as follows: "Refer to Section 1103.6 of the Fire Code for retroactive standpipe requirements." {Delete rest of Section 803.3.}
(o)
Section 804.2 "General." Delete exception #1 (exception #2 to remain unchanged).
(p)
Section 904.1 "Automatic sprinkler systems." Add sentence to read as follows: "For the purpose of fire sprinkler protection and fire alarm requirements included in this section, the work area shall be extended to include at least the entire tenant space or spaces bounded by walls containing the subject work area, and if the work area includes a corridor, hallway, or other exit access, then such corridor, hallway, or other exit access shall be protected in its entirety on that particular floor level."
(q)
Section 904.1.1 "High-rise buildings." Amend to read as follows: "An automatic sprinkler system shall be provided in work areas of high-rise buildings."
(r)
Section 1011.2.1 "Fire sprinkler system." Amend to read as follows: "Where a change in occupancy classification occurs or where there is a change of occupancy within a space where there is a different fire protection system threshold requirement in Chapter 9 of the International Building Code that requires an automatic fire sprinkler system to be provided based on the new occupancy in accordance with Chapter 9 of the International Building Code. The installation of the automatic sprinkler system shall be required within the area of the change of occupancy and areas of the building not separated horizontally and vertically from the change of occupancy by one of the following:
1.
Nonrated permanent partition and horizontal assemblies.
2.
Fire partition.
3.
Smoke partition.
4.
Smoke barrier.
5.
Fire barrier, as required by Section 707 of the IBC.
6.
Fire wall, as required by Section 706 of the IBC.
Exceptions: [Remain unchanged.]"
(s)
Section 1102.2.1 "Fire Separations." Add new section to read as follows: "Where fire separations are utilized to allow additions without exceeding the allowable area provisions of Chapter 5 of the IBC for either the existing building or the new addition, the decreased clear space where the two buildings adjoin shall be accounted for in such calculation relative to the allowable frontage increase."
(Ord. No. 2025-07, § 6 (Exh. C), 2-11-25)