HomeMy WebLinkAboutResolution - 2019-R0223 - Repealing 2016-O0075 & 2016-O0076 - 06/25/2019 Resolution No. 2019-RO223
Item No. 6.16
June 25,2019
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
WHEREAS, in 2016, the City of Lubbock enacted 2016-00075, which adopted the
2012 International Fuel Gas Code, with local amendments regulating the installation
and use of a fuel gas piping product known as Corrugated Stainless Steel Tubing or
CSST;
WHEREAS, in 2016, the City of Lubbock enacted 2016-00076, which adopted the
2012 International Residential Code, with local amendments regulating the installation
and use of a fuel gas piping product known as Corrugated Stainless Steel Tubing or
CSST;
WHEREAS, the intent of the local amendments was to protect Lubbock citizens from
the dangers of lightning-induced failures of CSST, as described in Model Codes
Advisory Board Report of the Special Fuel Gas Subcommittee concerning Adoption
and Amendment of the 2012 International Fuel Gas Code and the 2012 International
Residential Code Addressing Lightning-Induced Failures of Corrugated Stainless
Steel Tubing,presented to and adopted by the City Council on April 28, 2016;
WHEREAS, in 2019, the State of Texas amended Title 10 of the Texas Government
Code by adding Subtitle Z, Chapter 3000 which provides that a governmental entity
may not adopt or enforce a rule, charter provision, ordinance, order, building code, or
other regulation that prohibits or limits, directly or indirectly, the use or installation of
a building product or material in the construction, renovation, maintenance, or other
alteration of a residential or commercial building if the building product or material is
approved for use by a national model code published within the last three code cycles
that applies to the construction, renovation, maintenance, or other alteration of the
building;
WHEREAS, CSST is a building product or material approved for use by a national
model code published within the last three code cycles (e.g., the 2015 International
Fuel Gas Code and the 2015 International Residential Code), thereby bringing CSST
into the ambit of the newly enacted legislation;
WHEREAS, Title 10, Subtitle Z, Chapter 3000 of the Texas Government Code
appears to preempt the City of Lubbock's regulation on the use or installation of CSST
in the construction, renovation, maintenance, or other alteration of a residential or
commercial building;
NOW THEREFORE, the Chief Building Official of the City of Lubbock is hereby
directed to draft enabling ordinances, as expeditiously as possible, which repeal City
of Lubbock Ordinances 2016-00075 and 2016-00076 and replace them with
ordinances which adopt the 2015 International Fuel Gas Code and the 2015
International Residential Code, without restrictions on the use or installation of
building products approved for use in a national model code published within the last
three code cycles that applies to the construction, renovation, maintenance, or other
alteration of the building.
Passed by the City Council on June 25, 2419.
DANIEL M. POPE, MAYOR
ATTEST:
Rebe ca Garza, City Secr ta;y
APPROVED AS TO CONTENT:
Robert Wallace, Chief Building Official
APPROVED AS
John C. G /, lstant 'ity�Attolney"
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