HB5148 - Relating to municipal regulation of stairway requirements in certain multifamily residential buildings.

  89R22374 DRS-D     By: Talarico H.B. No. 5148     Substitute the following for H.B. No. 5148:     By:  Gates C.S.H.B. No. 5148       A BILL TO BE ENTITLED   AN ACT   relating to municipal regulation of stairway requirements in   certain multifamily residential buildings.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 214, Local Government Code, is amended   by adding Subchapter I to read as follows:   SUBCHAPTER I.   SINGLE STAIRWAY IN CERTAIN MULTIFAMILY RESIDENTIAL   BUILDINGS           Sec.   214.301.     DEFINITION. In this subchapter, "multifamily   residential building" means a residential building with a Group R-2   occupancy under the International Building Code as adopted under   Section 214.216.           Sec.   214.302.     APPLICABILITY OF SUBCHAPTER. This subchapter   applies only to a municipality that has a fire department that   employs firefighters who have met the requirements for   certification by the Texas Commission on Fire Protection under   Chapter 419, Government Code.           Sec.   214.303.     CERTAIN STAIRWAY REQUIREMENTS PROHIBITED.   (a)   Notwithstanding any other law, a municipality may not adopt or   enforce an ordinance, rule, or other regulation requiring a   multifamily residential building to have more than one stairway if   the building meets all other applicable provisions of the adopted   local building codes and:                 (1)     does not have more than six stories above grade   plane and is not a high-rise as defined by the International   Building Code, as adopted under Section 214.216;                 (2)     does not have more than four dwelling units on any   floor;                 (3)     has automatic sprinkler locations in each interior   exit stairway, regardless of the type of stairway construction,   that comply with the requirements prescribed by National Fire   Protection Association Standard 13 for combustible stairways;                   (4)  has:                       (A)  an exterior stairway; or                       (B)     an interior exit stairway for which the   doors:                             (i)     into the stairway from the interior of   the building swing into the stairway regardless of the occupant   load served; and                               (ii)     from the interior exit stairway to the   building exterior swing in the direction of exit travel;                 (5)     has interior exit stairway enclosures that have a   fire resistance rating of not less than two hours;                 (6)     has on each floor a corridor from each dwelling   unit entry or exit door to an interior exit stairway, including any   related exit passageway, that has a fire resistance rating of at   least one hour;                 (7)     does not have more than 20 feet between the entry   or exit door of a dwelling unit and an exit stairway;                 (8)     does not have more than 125 feet of exit access   travel distance;                 (9)     has an exit serving the portion of the building   with a Group R-2 occupancy under the International Building Code as   adopted under Section 214.216 that does not discharge through a   portion of the building with a different occupancy category,   including an accessory parking garage;                 (10)     has an exit that terminates in an egress court for   which the court depth does not exceed the court width, unless it is   possible to exit the egress court to the public way in either   direction;                 (11)     does not have an opening within 10 feet of an   unprotected opening into an exit stairway other than a required   exit door that has a fire resistance rating of at least one hour;                 (12)     has emergency escape and rescue openings that   comply with Section 1031 of the International Building Code as   adopted under Section 214.216 on each floor served by a single exit;                 (13)     does not have an electrical receptacle in an   interior exit stairway; and                 (14)     has an automatic smoke and fire detection system   that activates an occupant notification system that complies with   Section 907.5 of the International Building Code as adopted under   Section 214.216 installed in each:                       (A)  common space outside of a dwelling unit;                       (B)     laundry room, mechanical equipment room, and   storage room;                       (C)     interior corridor serving a dwelling unit;   and                       (D)     main floor landing or interior or exterior   exit stairway.           (b)     This section does not prohibit a municipality from   adopting an ordinance, rule, or other regulation that authorizes a   single stairway for a multifamily residential building that does   not comply with Subsection (a).           Sec.   214.304.     NO EFFECT ON PROPERTY OWNERS' ASSOCIATIONS   AND OTHER PRIVATE AGREEMENTS.   This subchapter does not prohibit a   property owner from enforcing rules or deed restrictions imposed by   a property owners' association or by other private agreement.           Sec.   214.305.     AUTHORIZED REGULATION. Except as provided by   this subchapter, a municipality's height limitations, front   setback requirements, site plan review requirements, and other   zoning requirements that generally apply to the construction of a   multifamily residential building in the area in which the building   is built apply to a multifamily residential building described by   this subchapter.          SECTION 2.  This Act takes effect September 1, 2025.