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ORD 2016-34 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2016-34 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING SECTIONS 3.03.301, "ADOPTION" AND 3.03.302, "AMENDMENTS", OF DIVISION 7, "ENERGY CONSERVATION CODE", WITHIN ARTICLE 3.03, "TECHNICAL AND CONSTRUCTION CODES AND STANDARDS", OF CHAPTER 3, "BUILDING REGULATIONS" OF THE TOWN OF TROPHY CLUB CODE OF ORDINANCES AND ADOPTING NEW SECTIONS 3.03.301, "ADOPTION" AND 3.03.302, "AMENDMENTS", OF DIVISION 7, "ENERGY CONSERVATION CODE", WITHIN ARTICLE 3.03, "TECHNICAL AND CONSTRUCTION CODES AND STANDARDS", OF CHAPTER 3, "BUILDING REGULATIONS" OF THE TOWN OF TROPHY CLUB CODE OF ORDINANCES; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENTS REPEALING THE 2009 INTERNATIONAL ENERGY CONSERVATION CODE WITH LOCAL AMENDMENTS AND ADOPTING THE 2015 EDITION OF THE INTERNATIONAL ENERGY CONSERVATION CODE WITH LOCAL AMENDMENTS THERETO, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR A CUMULATIVE REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club, Texas (the "Town") is a home rule municipality empowered to do all acts and make all regulations which may be necessary or expedient for the promotion of the public health, safety and general welfare; and WHEREAS, the Town adopted the 2009 Edition of the International Energy Conservation Code in 2012; and WHEREAS, the Town of Trophy Club Building Official and Community Development Department have reviewed the International Energy Conservation Code, 2015 Edition, (hereinafter "IECC") and find that it is in the best interest of the Town of Trophy Club to repeal the 2009 Edition of the IECC and all local amendments thereto and to adopt the 2015 Edition of the International Energy Conservation Code and local amendments thereto as reflected in Exhibit "A" to this Ordinance; and WHEREAS, the Town Council of the Town of Trophy Club, Texas deems it necessary and beneficial to repeal the 2009 Edition of the International Energy Conservation Code and local amendments thereto and to adopt the updated 2015 Edition of the International Energy Conservation Code and local amendments as specified in this Ordinance to safeguard the health, property, safety and general welfare of the citizens of the Town of Trophy Club by regulating and governing energy efficient building envelopes and installation of energy efficient mechanical, lighting and power systems within the Town of Trophy Club. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES That all of the above premises are true and correct and are hereby incorporated in the body of this Ordinance as if fully set forth herein. SECTION 2. AMENDMENTS 2.01. Sections 3.03.301, "Adoption" and 3.03.302, "Amendments", of Division 7, "Energy Conservation Code", within Article 3.03, "Technical and Construction Codes and Standards", of Chapter 3, "Building Regulations" adopting the 2009 Edition of the IECC are hereby repealed in their entirety, and new Sections 3.03.301, "Adoption" and 3.03.302, "Amendments", of Division 7, "Energy Conservation Code", within Article 3.03, "Technical and Construction Codes and Standards", of Chapter 3, "Building Regulations" containing the 2015 Edition of the International Energy Conservation Code and local amendments thereto, are hereby adopted as more fully set forth in Exhibit "A", a copy of which is attached hereto and incorporated herein. SECTION 3. CUMULATIVE REPEALER That this Ordinance shall be cumulative of all other ordinances of the Town and shall not repeal any of the provisions of such ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this Ordinance; whether such ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. ORD 2016-34 Page 2 of 8 SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have passed such remaining of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1 .00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. SECTION 6. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 7. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with the Town Charter. SECTION 8. EFFECTIVE DATE This Ordinance shall take effect on October 1, 2016, in accordance with law, and it is so ordained. ORD 2016-34 Page 3 of 8 PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 13th day of September 2016. C. Nick Sanders, Mayor Town of Trophy Club, Texas [SEAL] ATTEST: i 0 T�v�y _,k). ri-Nvpon HoY Fim rTown Secretary � Town of Trophy Club, Texas I a 4y- APPROVED TO AS FORM: avid Dodd, Town Attorne Y Town of Trophy Club, Texas ORD 2016-34 Page 4 of 8 EXHIBIT A INTERNATIONAL ENERGY CONSERVATION CODE Section 3.03.301 Adoption The 2015 edition of the International Energy Conservation Code of the International Code Council, is herein after amended, is from the effective date hereof, hereby adopted as the energy conservation code of the Town of Trophy Club. One copy of such International Energy Conservation Code is incorporated herein by reference and shall have been filed for permanent record and inspection in the office of the city secretary. Section 3.03.302 Amendments Amendments to the International Energy Conservation Code adopted herein are as follows: **Section C102/R102; add Section C102.1.2 and R102.1.2 to read as follows: C102.1.2 Alternative compliance. A building certified by a national, state, or local accredited energy efficiency program and determined by the Energy Systems Laboratory to be in compliance with the energy efficiency requirements of this section may, at the option of the Code Official, be considered in compliance. The United States Environmental Protection Agency's Energy Star Program certification of energy code equivalency shall be considered in compliance. R102.1.2 Alternative compliance. A building certified by a national, state, or local accredited energy efficiency program and determined by the Energy Systems Laboratory to be in compliance with the energy efficiency requirements of this section may, at the option of the Code Official, be considered in compliance. The United States Environmental Protection Agency's Energy Star Program certification of energy code equivalency shall be considered in compliance. Regardless of the program or the path to compliance, each 1- and 2-family dwelling shall be tested for air and duct leakage as prescribed in Section R402.4 and R403.3.3 respectively. 67�k^�� *° 4 Section C202 and R202; add the following definition: ***PROJECTION FACTOR. The ratio of the horizontal depth of the overhang, eave or permanently attached shading device, divided by the distance measured vertically from the bottom of the fenestration glazing to the underside of the overhang, eave or permanently attached shading device. ORD 2016-34 Page 5 of 8 Section R202; add the following definition: ***DYNAMIC GLAZING. Any fenestration product that has the fully reversible ability to change it performance properties, including U-factor, solar heat gain coefficient (SHGC), or visible transmittance (VT). ** Table R402.1.2 INSULATION AND FENESTRATION REQUIREMENTS BY COMPONENT; Amend by changing the WOOD FRAME WALL R-VALUE for CLIMATE ZONE 3 to read as follows: 20 or 13+5413 ** Table R402.1.4 EQUIVALENT U-FACTORS; Amend by changing the WOOD FRAME WALL U-FACTOR for CLIMATE ZONE 3 to read as follows: 0-0.082 ***Section R402.3.2 Glazed fenestration SHGC; amend by adding a paragraph and table following the exception to read as follows: Where vertical fenestration is shaded by an overhang, eave, or permanently attached shading device, the SHGC required in Table R402.1.2 shall be reduced by using the multipliers in Table R402.3.2 SHGC Multipliers for Permanent Projections. Table R402.3.2 SHGC Multipliers for Permanent Projections a Projection SHGC Multiplier SHGC Multiplier Factor (all Other Orientation) (North Oriented) 0 - 0.10 1.00 1.00 >0.10 - 0.20 0.91 0.95 >0.20 - 0.30 0.82 0.91 >0.30 - 0.40 0.74 0.87 >0.40 - 0.50 0.67 0.84 >0.50 - 0.60 0.61 0.81 >0.60 - 0.70 0.56 0.78 >0.70 - 0.80 0.51 0.76 >0.80 - 0.90 0.47 0.75 >0.90 - 1.00 0.44 0.73 a North oriented means within 45 degrees of true north. ORD 2016-34 Page 6 of 8 **Section R402.4.1.2 Testing; modify the first paragraph to read as follows: R402.4.1.2 Testing. The building or dwelling unit shall be tested and verified as having an air leakage rate of not exceeding 5 air changes per hour in Climate Zones 1 and 2, and 3 air changes per hour in Climate Zones 3 through 8. {Remainder of text unchanged) ,h. S" ' ***R402.4.1.2 Testing; Add a last paragraph to read as follows: Mandatory testing shall only be performed by individuals that are certified to perform air infiltration testing certified by national or state organizations as approved by the building official. The certified individuals must be an independent third-party entity, and may not be employed; or have any financial interest in the company that constructs the structure. ***R403.3.3 Duct Testing (Mandatory) Add a last paragraph to read as follows: Mandatory testing shall only be performed by individuals that are certified to perform duct testing leakage testing certified by national or state organizations as approved by the building official. The certified individuals must be an independent third-party entity, and may not be employed; or have any financial interest in the company that constructs the structure. **Section C402.2.7/R402.2; Add Section C402.2.9 and R402.2.14 to read as follows: Section C402.2.7/R402.2.14 Insulation installed in walls. To insure that insulation remains in place, insulation installed in walls shall be totally enclosed on all sides consisting of framing lumber, gypsum, sheathing, wood structural panel sheathing, netting or other equivalent material approved by the building official. ***Section R405.6.2; add the following sentence to the end of paragraph: Acceptable_performance software simulation tools may include, but are not limited to, REM Rate M, Energy Gauge and IC3. Other performance software programs accredited by RESNET BESTEST and having the ability to provide a report as outlined ORD 2016-34 Page 7 of 8 in R405.4.2 may also be deemed acceptable performance simulation programs and may be considered by the building official. ***TABLE R406.4 MAXIMUM ENERGY RATING INDEX; amend to read as follows: TABLE R406.41 MAXIMUM ENERGY RATING INDEX CLIMATE ZONE ENERGY RATING INDEX _ 3 65 1 This table is effective until August 31, 2019. TABLE R406.42 MAXIMUM ENERGY RATING INDEX CLIMATE ZONE ENERGY RATING INDEX 3 63 2 The table is effective from September 1, 2019 to August 31, 2022. TABLE R406.43 MAXIMUM ENERGY RATING INDEX CLIMATE ZONE ENERGY RATING INDEX 3 59 3 This table is effective on or after September 1, 2022. ORD 2016-34 Page 8 of 8