ORD 2012-31TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2012-31
AN ORDINANCE OF THE TOWN OF "rROPHY CLUB, TEXAS,
REPEALING ARTICLE VIII ENTITLED "INTERNA"rIONAL ENERGY
CONSERVATION CODE" OF CHAPTER 3 ENTITLED "BUILDINGS
AND CONSTRUCTION" OF THE CODE OF ORDINANCES OF THE
TOWN OF TROPHY CLUB, TEXAS AND ADOPTING A NEW ARTICLE
VIII ENTITLED "INTERNATIONAL ENERGY CONSERVATION CODE"
OF CHAP"rER 3 ENTITLED "BUILDINGS AND CONSTRUCTION" OF
THE CODE OF ORDINANCES OF THE TOWN OF TROPHY CLUB,
TEXAS; PROVIDING FOR "rHE INCORPORATION OF PREMISES;
PROVIDING FOR AN AMENDMENT REPEALING THE 2003
INTERNATIONAL ENERGY CONSERVATION CODE WITH LOCAL
AMENDMENTS AND ADOPTING "rHE 2009 EDITION OF THE
INTERNATIONAL ENERGY CONSERVATION CODE WITH LOCAL
AMENDMENTS THERETO, A COpy OF WHICH IS ATTACHED
HERETO AS EXHIBIT "A"; PROVIDING A CUMULATIVE REPEALER
CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING 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 2003 Edition of the International Energy
Conservation Code in 2002; and
WHEREAS, the Town of Trophy Club Building Official and Community
Development Department have reviewed the International Energy Conservation Code,
2009 Edition, (hereinafter "IECC") and find that it is in the best interest of the Town of
Trophy Club to repeal the 2003 Edition of the IECC and all local amendments thereto
and to adopt the 2009 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 2003 Edition of the International Energy
Conservation Code and local amendments thereto and to adopt the updated 2009
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 CLAUSE
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. Article VIII entitled "International Energy Conservation Code" of Chapter 3
entitled "Buildings and Construction" adopting the 2003 Edition of the IECC is hereby
repealed in its entirety, and a new Article VIII entitled "International Residential Code" of
Chapter 3 entitled "Buildings and Construction" containing the 2009 Edition of the
International Energy Conservation Code and local amendments thereto, is 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.
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.
ORD 2012-31 Page 2 of 5
SECTION 5.
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 6.
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 7.
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 8.
EFFECTIVE DATE
This Ordinance shall take effect on January 1, 2013, in accordance with law, and
it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the 10th day of December, 2012.
C6f1f1ieWhite, Mayor
Town of Trophy Club, Texas
ATTEST: APPROVED AS TO FORM:
ORO 2012-31 Page 3 of 5
EXHIBIT A
INTERNATIONAL ENERGY CONSERVATION CODE
Proposed adoption.
The 2009 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.
Amendments.
Amendments to the International Energy Conservation Code adopted herein are as
follows:
(1) (Page 1, Section 101.4.2)
Section 101.4.2 is hereby amended as follows:
101.4.2 Historic Buildings. Any building or structure that is listed in the State or
National Register of Historic Places; designated as a historic property under
local or state designation law or survey; certified as a contributing resource
with a National Register listed or locally designated historic district; or with an
opinion or certification that the property is eligible to be listed on the National
or State Registers of Historic Places either individually or as a contributing
building to a historic district by the State Historic Preservation Officer of the
Keeper of the National Register to Historic Places shall comply with all of the
provisions of this code.
Exception: Whenever a provision or provisions shall invalidate or jeopardize
the historical designation or listing, that provision or provisions may be
exempted.
(2) (Page 2, Section 103. 1. 1)
Section 103.1.1 is hereby added to read as follows:
103.1.1 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.
ORD 2012-31 Page 4 of 5
(3) (Page 5, Section 202)
Section 202 is hereby amended to add a definition as follows:
202: Glazing Area: Total area of the glazed fenestration measured using the
rough opening and including sash, curbing or other framing elements that
enclose conditioned space. Glazing area includes the area of glazed
fenestration assemblies in walls bounding conditioned basements. For doors
where the daylight opening area is less than 50 percent of the door area, the
glazing area is the daylight opening area. For all other doors, the glazing area
is the rough opening area for the door including the door and the frame.
(4) (Page 27, Section 401.2)
Section 401.2, Item 1; is hereby changed to read as follows:
1. 401.2 Compliance software tools. Sections 402.1 through 402.3, 403.2.1
and 404.1 (prescriptive) and the use of Tables 402.1.1 and 402.1.3 are
limited to a maximum glazing area of 15% window area to floor area ratio;
or
2. {language unchanged}
(5) (Page 28, Section 402.2.12)
Section 402.2.12 is hereby added as follows:
402.2.12. Insulation installed in walls. Insulation batts installed in walls shall be
totally surrounded by an enclosure on all sides consisting of framing lumber,
gypsum, sheathing, wood structural panel sheathing or other equivalent
material approved by the building official.
(6) (Page 32, Section 405.4.1)
Section 405.4.1; add the following sentence to the end of paragraph:
RemRate™, Energy Gauge™, and IC3 are deemed acceptable performance
simulation programs.
ORD 2012-31 Page 5 of 5