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

89(R) HB 5148 - House Committee Report version - Bill Text

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.