Construction Board of Adjustment Minutes - 04/25/2002Construction Board of Adjustment and
Board Members Present:
Randal Poteet, Chairman
Jackie Lebow
John Ferguson
Harris Pink
Bill Rowland
Brian Walser
Louis Lane
Phil Ringman
Board Members Absent:
Gary Oatman, Vice Chairman
David Rhone, Alternate
April 25, 2002
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CITY CLERK'S OFFICE
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City Personnel & Visitors:
David A. Clark, Director
Jerry Gamble, Acting Building Official
Harold Hawkins, Councilor
Bobby Teague
Charles Barr
Robert Seabury
Chairman Poteet called the meeting to order at 2:07 p.m.
The purpose of the meeting was to discuss proposed changes to the 2000 International
Residential Code.
Littlest Skyscraper
Mr. Gamble opened discussion with an update of recent changes to the structure. The
stairs and landings have been replaced with new wood assemblies. Due to the size of
the building, the stairs are somewhat steep with low head clearance. Mr. Gamble
commented about the small size of the resulting "spaces" on each floor. The goal of the
owners is to open the ground floor as an antique shop or possibly a restaurant. In an
effort to provide a safe environment for use as a novelty type of structure with historic
significance, the proposal is to spray the added wood elements with a UL listed fire
resistant coating, which would result in a two hour rating of the wood. An approved fire
extinguisher would be provided at each landing. This would be done in lieu of installing
a fire sprinkler system.
Mr. Ferguson questioned if the coating would be an element which would wear -out. Mr.
Gamble answered that, yes, with use, over a period of time, the coating would wear, but
since it penetrates the wood, the benefit would not be totally eliminated. Mr. Rowland
explained that there would not be more than two or three people at a time in the upper
floors due to size. Chairman Poteet noted that any future use of space would require a
building permit and there could be controls at the time it is issued.
Mr. Gamble explained that the developer is requesting a response to determine leasing
requirements. Plans are likely to include the tower as part of the lease which would also
CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS PAGE 1
cover the ground floor space. The ability to provide limited access to upper portions of
"skyscraper" is more in the interest of the novelty and history of the structure. Mr.
Rowland confirmed. Councilor Hawkins asked if the use could be limited to observation
only and not considered as occupiable space. Mr. Gamble responded that the floor
being sprayed, as suggested, would allow occupancy.
Mr. Ferguson made a motion to approve the principle of the fire proofing spray on the
stairs to achieve fire resistance; Mr. Rowland seconded. Mr. Lebow commented about
the need to protect the underside of the flooring in order to have better effectiveness.
Mr. Ferguson then revised his motion to include the aspect of coating all of the exposed
wood. Mr. Rowland seconded the revised motion and it carried by a unanimous vote.
International Residential Code (IRC)
Mr. Gamble reviewed the status of the discussion of the adoption of the IRC noting that
it has been adopted by the State. The discussion summarized the local review
completed by this Board and the North Texas Homebuilder's Association. Wichita Falls
is an "attainment" area regarding air pollution and, therefore, we have the ability to adopt
this Code and exclude the energy portion (Chapter 11).
Mr. Rowland explained that the energy portion may actually result in more mold
problems. Mr. Gamble stated that insulation, windows, insulation of the duct system,
and the series of air conditioning systems required for each new residence would be
affected. The local recommendation may be able to address the energy code at a later
date also to exclude the IRC Electrical Code (Chapter 33).
The Board members then reviewed the draft of the Council agenda item that would
adopt the IRC Code as ordinance.
The following individual points were covered:
Chapter 1 Administration
Section R 105 Permits, R105.1 Required: Councilor Hawkins questioned the presence
of the word "repair" in this section; he thought it had been removed. Mr. Gamble noted
that this is the exact wording used in the current code of ordinances. Mr. Hawkins
requested that the wording be removed stating that repairs would fall within the excluded
permit clause of R105.2. Chairman Poteet explained that many repairs are done which
are not listed in R105.2 and require a permit.
R105.2 Work exempt from permit: This section will be left as is.
Chapter 7 Wall Covering
Section R 703 Exterior Covering, R703.7.6 Weepholes: It was voted to change the
spacing of the weepholes in brick from 33" to 48" in order to allow local precedence to
remain in place. The motion was made and seconded with a unanimous vote in favor.
CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS PAGE 2
Chapter 9 Roof Assemblies
Section R 905 Requirements for Roof Covering, R905.2.5- Fasteners: Mr. Gamble
reported he received requests to have this section read "staples or nails ". Chairman
Poteet asked about the 3/8" diameter head and what should relate to staple
specification. The general consensus was to let it remain as written. The motion was
made and seconded with a unanimous vote in favor.
Chapter 11, Energy Efficiency
This chapter will be excluded from being adopted as discussed. Councilor Hawkins
cautioned about format and to be sure that this deletion is also reflected at the front
section of these exceptions. Mr. Gamble referenced a note from Mr. Bill Sullivan, City
Attorney, in which he agreed with Mr. Chuck Dennis that we should make changes to
Chapter 11, including not adopting it. The motion was made to not adopt Chapter 11 by
Mr. Rowland, seconded by Mr. Ferguson. The vote was unanimous in favor.
Chapter 13, General Mechanical System Requirements
Section M 1305 Appliance Access, M1305.1.3 Appliances in attics: Mr. Gamble inserted
the language that "a pull down type stair or permanent ladder is required ". Mr. Ferguson
questioned the validity of 20 feet maximum length of passageway. Mr. Ferguson stated
that many times the distance exceeds 20 feet but it is clear and very sufficient. Mr.
Rowland recommended that the distance restriction be removed. Councilor Hawkins
suggested to put a period after last "appliance" and make a new sentence about the
"pull down type stair or permanent ladder ". Mr. Ferguson made a motion to add "pull
down type stair or permanent ladder "; it was seconded by Mr. Pink. The vote was
unanimous in favor.
Chapter 15 Exhaust Systems
Section M 1501 Clothes Dryer Exhaust, M1501.1 General: There was discussion that
the wording should be changed from "shall' to "may" concerning the dryer exhaust
system termination to the outside of buildings. Mr. Rowland noted that any builder who
does not take vents to the outside is asking for mold problems. Others voiced concern
with the consensus to keep it "shall" and not substitute "may ". The chairman noted that
no action was needed.
Chapter 17 Combustion Air
Section M 1703 All Air From Outdoors, M1703.2.1 Size of openings: The Board
discussed adding contents from M1702.2 Confined space and list it as M1703.2.1 with
the added requirement of air coming from an outside source or ventilated attic or crawl
space and one square inch /1000 Btu. A motion was made by Mr. Walser, seconded by
Mr. Lane with the vote being unanimous in favor.
M1703.3.1 Size of opening: Delete completely and substitute M1703.2.1 Size of
openings.
Chapter 24 Fuel Gas
Section G 2407 Combustion Ventilation, and Dilution Air, G2407.10 All air from inside
the building: Delete completely and substitute M1703.2.1 Size of openings.
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G2407.11 All air from outdoors: Delete completely and substitute M1703.2.1 Size of
openings.
G2407.12 Combination of air from inside and from outdoors: Delete completely and
substitute M1703.2.1 Size of openings.
Section G 2408 Installation, G2408.3 Private garages: Mr. Barr suggested that gas
dryers be prohibited inside garage space. Mr. Rowland suggested not addressing that
issue at this time. Mr. Gamble recommended the wording in the State gas code which
says that the ignition device shall be elevated 18" above the finished floor level.
Section G 2414 Piping System Installation, G2414.11 Piping underground beneath
buildings: Mr. Gamble noted that other cities that adopted the IRC are having problems
with the definitions in this section, so he added some underlined words. Mr. Walser
noted the aspect about the piping being accessible. Mr. Hawkins pointed out that
covering puts undue stress on gas lines. Mr. Gamble responded that there are many
neglected areas concerning this, even by utility companies. Mr. Hawkins thought the
section was too restrictive. Consensus was to delete the underlined words and leave as
is. No action was needed.
Section G 2416 Inspection, Testing and Purging, Section 2416.4.1 Test pressure: This
section defines a standardization by which gauges should be tested. Motion was made
by Mr. Walser, seconded by Mr. Ferguson, with a unanimous vote in favor.
Chapter 25 Plumbing Administration
Section P 2503 Inspection and Tests, G2503.4 Building sewer testing: Requires sewer
testing; delete G2503.4 entirely. Motion was made by Mr. Rowland, seconded by Mr.
Walser, and the vote was unanimously in favor.
Chapter 29 Water Supply and Distribution
Section P 2902 Protection of Potable Water Supply, P2902.4.3 Lawn irrigation systems:
Use the same contents as the current code on backflow prevention and lawn sprinkler
systems. A motion was made by Mr. Poteet, seconded by Mr. Lebow, and approved
with a unanimous vote in favor.
Chapter 31 Vents
Section P 3103, P3103.1 Roof extension: Utilize 6" dimension at roof extension. Motion
made by Mr. Ferguson, seconded by Mr. Pink. The vote was unanimous in favor of
approval.
Other items addressed:
1) Battery back -up for smoke detectors: Mr. Rowland made a motion to delete
battery back -up for smoke detectors in bedrooms with Mr. Ferguson offering
the second. The motion passed with a vote of five in favor and two opposed.
2) Tub and shower scald -guard faucets: Mr. Gamble stated most plumbers are
currently using these faucets which utilize the balanced pressure principle.
CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS PAGE 4
The trend in code changes seems to be favorable for these faucets.
Chairman Poteet stated that no action would be necessary.
3) Thermal expansion device on water heaters: These devices are necessitated
by the type of water meters being used by municipalities, including Wichita
Falls', which create closed systems. Mr. Walser stated that the device costs
approximately $50 to $60. Mr. Walser and Mr. Gamble explained that without
this device, the back pressure created by the water heater can be dangerous
having the same effect as a bomb. TNRCC has required this type of water
meter without further thought as to the resulting effect upon homeowners and
contractors. Mr. Walser explained that water heater change -outs will require
this device in the future. Mr. Barr suggested leaving the requirement in to not
risk mandated stipulations of TNRCC. Chairman Poteet stated that no action
was needed for this item.
4) Footing depth of foundations: Mr. Gamble explained that all codes require
foundation depth of 12" in undisturbed soil. Mr. Barr noted that the depth has
been 12" or more since the form is at grade level. He said that this
requirement has been sufficient for the last 34 years. Mr. Rowland stated
that the code does not address the type of soil; the soil in Wichita Falls allows
a depth of 6" to be acceptable. Mr. Gamble noted that R403.1.4 Minimum
depth (Chapter 4 Foundations, R 403 Footings) states that all exterior footing
and foundation systems shall extend below the frost line and at least 12" into
undisturbed ground. Mr. Rowland noted that the home warranty company
requires a foundation designed by an engineer, which would be suitable for a
specific location. Councilor Hawkins suggested it should read 12" or
engineered design. Mr. Rowland asked this Board to specifically oppose the
12" requirement.
Mr. Rowland made a motion to change the depth requirement of 12" to 6 ".
Chairman Poteet inquired about the legality of cities making changes to a
code accepted by the State. Mr. Ferguson stated that the fear of a specific
requirement of an engineer's stamp would incur a cost of approximately
$500.00. Mr. Barr suggested requiring a letter certifying that the slab is at
the appropriate depth for the particular soil in which it is laid. Mr. Gamble
noted that the Standard Building Code requires 12 ". Councilor Hawkins
urged discussing the depth requirement changes with the City Attorney. The
motion was seconded by Mr. Ferguson and passed unanimously.
Mr. Ferguson made a motion to forward the agenda item recommending approval of the
adoption of the residential code to Council with changes stated in these minutes. Mr.
Rowland seconded the motion, and it was approved unanimously.
Chairman Poteet made a motion to adjourn with unanimous consent at 4:13 p.m.
Randal Poteet, Chairman
Date
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