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Construction Board of Adjustment Minutes - 07/06/2022 MINUTES CONSTRUCTION BOARD OF ADJUSTMENT July 6, 2022 PRESENT: Michael Grassi • Member David Hartwell • Member Anthony Inman •Vice-Chair Leo Lane • Chairman Allen Moore • Member Luke Oechsner • Member Ripley Tate • Member Tanner Wachsman • Member James McKechnie, Deputy City Attorney • City Staff Paul Menzies, Assistant City Manager • Terry Floyd, Development Services Director • Ricky Horton, Interim Chief Building Official • Cody Melton, Fire Marshal • Brad Scates, Assistant Building Official, SME • Martin Wolfe, Plumbing Inspector • Christal Ashcraft, Development Services Assistant • ABSENT: James Cox • Member Pete Johnson • Member Doug Marchand • Member Gary Oatman • Member I. CALL TO ORDER The meeting was called to order by Mr. Leo Lane, chairman of the board at 3:00 p.m. III. PUBLIC COMMENTS Chairman Lane asked if there were any comments from the public. With no response, Mr. Lane closed public comments. IV. APPROVAL OF MINUTES Mr. Allen Moore made a motion to accept the June 13th 2022 minutes. Mr. Ripley Tate seconded, motion passed 8-0. VII. REGULAR AGENDA A. Discussion of the June 20th & 22nd 2022 Meetings on the 2017 National Electric Codes (NEC) Chairman Lane introduced the item and turned the floor over to Mr. Ricky Horton for the presentation. Mr. Horton stated on June 7th, 2022, the City Council gave direction to the Construction Board of Adjustments to review and make a recommendation on the proposed adoption of the 2017 National Construction Board of Adjustments 2 July 6, 2022 Electric Code (NEC) on or before July 12th, 2022 for consideration by the City Council on July 19th, 2022. Mr. Horton stated at the CBOA meeting held June 13th, 2022 it was requested that staff hold additional meetings open to the public to discuss the 2017 NEC adoption and associated amendments. The public meetings were held on June 20th and 22nd, 2022 with contractors, home builders and included the City's most senior expert on the NEC along with other staff members. From those meetings staff put together comments and suggestions from one home builder as they were presented as exhibit A to the Board. No other comments related to the code or potential amendments were presented. Mr. Horton stated staff recommended adoption of the 2017 NEC with current amendments. He advised staff did not recommend any addition of any of the amendments suggested in the meeting. Chairman Lane asked if there were any comments from the public. With no comments, Mr. Lane asked if there was any discussion from the Board with regard to the meetings held on June 20th and 22nd. Mr. Tanner Wachsman stated he was the home builder referenced in exhibit A with the proposed amendments to the 2017 NEC. He advised after reflection and research, he wished to withdraw his proposed amendment, exhibit A (1), to strike the entire section(s) related to arc-fault protection and to propose a moratorium on arc- fault protection outside of the bedrooms. In addition he wished to also withdraw his recommendation to allow a non-GFI protected plug in the garage to be utilized by a refrigerator or freezer, exhibit A (2), stating since they are using a larger amp wire those complaints from homeowners have become less frequent. Mr. Wachsman stated he did believe the suggested amendments regarding exhibit A (3-5) should be recommended by the CBOA to the City Council. He advised he is not sure how the wording should go or how to recalculate the recommended number of electrical receptacles, and would need staff assistance. Mr. James McKechnie advised staff would be available to assist with writing the proposed amendments. There was discussion among the Board and staff regarding the three proposed amendments. Chairman Lane asked if there was any further discussion regarding the June 20th and 22nd meetings. B. Conduct a Public Hearing and take action related to the recommendation of adoption of the 2017 National Electric Code (NEC) and associated amendments Chairman Lane declared the public hearing open at 3:30pm and asked Mr. Ricky Horton to present the item. Mr. Horton stated staff recommended the CBOA make a formal recommendation to the City Council to adopt the 2017 National Electric Code (NEC) with current amendments and no further changes Construction Board of Adjustments 3 July 6, 2022 as was presented at the June 13th meeting as was currently outlined in the Board's packet. Mr. Horton advised staff was available for any questions. Chairman Lane asked if there were any comments from the public. With no comments, Mr. Lane closed the public hearing at 3:32pm. Mr. Michael Grassi made a motion to recommend the adoption the 2017 National Electric Code with current amendments and exhibit A (3-5). Mr. Ripley Tate seconded the motion. The motion passed unanimously with a vote of 8-0. C. Discussion of the 2015 International Mechanical Code (IMC); Section 501.3 "Exhaust Discharge" Chairman Lane introduced the item and turned the floor over to Mr. Ricky Horton for the presentation. Mr. Horton stated it was recommended by the City Council that the CBOA discuss the exhaust discharge from ventilation fans at the June 13th meeting. Mr. Horton advised this item was for discussion only and no formal action would be taken at this time. Mr. Horton stated this specific item in the International Mechanical Code (IMC) relates to exhaust discharge from ventilation fans and most directly impacts the installation of ventilation fans in residential restrooms. The IMC references this installation standard in Section 501.3, and it has been required by the code for many code cycles, including the 2015 IMC which is the City's currently-adopted mechanical code. The purpose of the discharge outside is to prevent putting humidity into the attics. Mr. Horton advised, that staff has also researched manufacturer's specifications related to the installation of the ventilation fans, and have found that all fans researched require ventilation to the outside of the structure as part of the installation specifications. Mr. Horton made the Board aware that staff was available for any questions they may have. There was lengthy discussion among the Board with the general consensus that there never was or would be a time when this discharge would be enough to put humidity into an attic and would like to see an amendment for this. Mr. Moore advised, up until this last year, the requirement of having the vent exhaust into the outside was never enforced and they had been allowed for many years to vent 18" above insulation into the attic. Mr. Horton stated city inspectors would continue to enforce to current ICC codes, however, further discussions could be held and possibly a sub- committee established. Mr. Inman made the request to further this discussion at a later date. Mr. Floyd advised staff would arrange and research the item. D. Discussion of the City of Wichita Falls Code of Ordinances — Chapter 22, Article II — Building Codes, Sections 107.1, 107.1.1, and 107.1.2 related to requirements for building permit submittal of documents by a registered design professional. Construction Board of Adjustments 4 July 6, 2022 Mr. Horton stated this was another item requested by the City Council for discussion by the Board after the June 13ih, 2022 meeting. Mr. Horton advised this item was being presented as a discussion item only and relates to Chapter 22, Article I I — Section 107.1, 107.1 ,1 and 107.1 .2 of the City's Code of Ordinances' and reference requirements for design professional documents and architecture in the Texas Occupations Code. Mr. Horton turned the floor over to Mr. James McKechnie, Deputy City Attorney. Mr. McKechnie stated the State legislature wrote this article in the negative and was hard to interpret unless you start with the thought process of always needing an engineer, then it would be easier to navigate. Mr. McKechnie provided a list of 12 practices of engineering rules and stated most do not apply to what the Board did. However, section 10 is state law determining when an engineer is required, reading "a service, design, analysis, or other work performed for a public or private entity in connection with a utility, structure, building, machine, equipment, process, system, work, project, or industrial or consumer product or equipment of a mechanical, electrical, electronic, chemical, hydraulic, pneumatic, geotechnical, or thermal nature;" Mr. McKechnie stated while still having the mindset of needing an engineer, the next thing he would talk about would be the list of exemptions in which you would not need an engineer; The person or entity is erecting, constructing, enlarging, altering, or repairing or , is drawing plans or specifications for: A) a private dwelling; B) apartments not exceeding eight units for each building in the case of one- story buildings; C) apartments not exceeding four units for each building and having a maximum height of two stories; D) a garage or other structure pertinent to a building described by Paragraph (A), (B), or (C); E) a private building to be used exclusively for: farm, ranch, or agricultural purposes; or ii. storage of raw agricultural commodities; or Mr. McKechnie stated A — E, you do not need an engineer regardless of square footage. This next section is what the City calls the "5,000 Sq. Ft. Rule" is as follows; F) a building having no more than one story that: is not a building exempt from the licensing requirements of this chapter under Section 1001.053 or subject to Section 1001.407; ii. has a total floor area of not more than 5,000 square feet; and iii. does not contain a clear span between supporting structures greater than 24 feet on the narrow side. Mr. McKechnie advised (i.) would be only for Public Works projects. The next two sections(ii.) has a total floor area of not more than 5,000 sq. ft. and (iii.) does not contain a clear span between supporting structures greater than 24 Construction Board of Adjustments 5 July 6, 2022 feet on the narrow side, must both be met before you can claim the exemption of not having an engineer. The other key point would be assuming you are under 5,000 square feet, but your spans are wider than24 feet, then the trusses and/or beams must be engineered or pre-engineered. Mr. McKechnie referred to a step chart to explain what circumstances the exemptions apply to. The City of Wichita has amended the building code to require a more stringent requirement for an engineer or architect. The City has the authority to do this under Texas State Local Government Code Chapter 54. Those amendments state: 1. A Group A (Assembly), Group E (Education) or Group I (Institutional) occupancy of 2,500 square feet or more in area; 2. A building or structure of three or more stories; or 3. A building or structure of 5,000 square feet or more in area. If one or more of those criteria are met, an engineer is required. Mr. McKechnie stated those amendments can be removed, however, if removing the groups A, E and I, those individuals could come into the office to obtain a building permit while not having designed the structure properly and there becomes a back-and-forth with the individual and staff trying to obtain certain information on the build and the individual not understand what the project needs, thus spending a lot of time staff does not have. Mr. McKechnie advised while the local amendments can be removed, the state law cannot be removed or ignored. There was much discussion among the Board on the lack of importance of the local amendments and the fact that they are more restrictive than the State requirements. The general consensus of the Board was to revisit this topic at a later date for any recommendation to City Council. VIII. ADJOURN Chairman Lane adjourned the meeting at 4:28pm. Chair{ian, Leo Lane Date Terry Fly •, lirector o ent Services Date