The City of Brentwood places a high priority on enforcement of the minimum health and life safety codes for protection of our residential and corporate citizens.
Periodically, the City adopts updated building and associated Codes that incorporate the latest advances in construction standards. The FY 2019 non-routine work plan for the Planning and Codes Department includes the review and recommendation for adoption of updated ICC Codes.
The City currently enforces the following building related Codes, which were adopted by the Board of Commissioners on November 26, 2012 pursuant to Ordinance 2012-14:
- 2012 International Residential Code and Appendix E (Design & Construction of Manufactured Housing Used as Dwellings) & Appendix F (Radon Control Methods) (IRC-One & Two-Family Dwellings)
- 2012 International Building Code (IBC-Commercial)
- 2012 International Plumbing Code (IPC-Commercial)
- 2012 International Mechanical Code (IMC-Commercial)
- 2012 International Fuel Gas Code (IFGC-Commercial)
- 2012 International Swimming Pool and Spa Code (ISPSC-Residential & Commercial)
- 2012 International Property Maintenance Code (IPMC-Residential & Commercial)
- 2008 National Electrical Code (NFPA 70-Residential & Commercial)
- 2012 International Energy Conservation Code (IECC-Residential & Commercial)
- 2010 ADA Standards for Accessible Design.
- 2012 Life Safety Code (NFPA 101) adopted by the City of Brentwood Fire & Rescue Department
- 2012 Uniform Fire Code (NFPA 1) adopted by the City of Brentwood Fire & Rescue Department
Adoption of the 2018 Editions of the ICC
If Ordinance 2019-01 is approved, the City would begin enforcing the following 2018 versions of the building related Codes. Note that the 2010 Standards for Accessible Design and the 2012 IECC would not be updated.
- 2018 International Residential Code and Appendix E (Design & Construction of Manufactured Housing Used as Dwellings) & Appendix F (Radon Control Methods) (IRC-One & Two-Family Dwellings)
- 2018 International Building Code (IBC-Commercial)
- 2018 International Plumbing Code (IPC-Commercial)
- 2018 International Mechanical Code (IMC-Commercial)
- 2018 International Fuel Gas Code (IFGC-Commercial)
- 2018 International Swimming Pool and Spa Code (ISPSC-Residential & Commercial)
- 2018 International Property Maintenance Code (IPMC-Residential & Commercial)
- 2017 National Electrical Code (NFPA 70-Residential & Commercial)
- 2012 International Energy Conservation Code (IECC-Residential & Commercial)
- 2010 ADA Standards for Accessible Design.
- 2018 Life Safety Code (NFPA 101) adopted by the City of Brentwood Fire & Rescue Department
- 2018 Uniform Fire Code (NFPA 1) adopted by the City of Brentwood Fire & Rescue Department
National Electrical Code (NFPA-70)
Also included as part of the adoption of Ordinance 2012-14, the City currently enforces the 2008 National Electrical Code. Staff is recommending adoption of the 2017 National Electrical Code (NEC NFPA 70) to be consistent with the State of Tennessee. The 2017 NEC was adopted by the State in July 2018 and became effective on October 1, 2018.
Staff also recommends adoption of the updated "Special Guidelines for Electrical Installation", a document that is periodically updated by staff and an informational guide for electrical contractors. A copy is attached. The document details the requirements, policies, procedures, and inspection guidelines necessary to obtain an electrical permit in the City.
Please note that independent contractors employed by the State of Tennessee issue all electrical permits and complete the necessary inspections throughout the City. Office space for the State's electrical inspectors is located in the Planning and Codes Department. Having on-site electrical expertise contributes to the City's ongoing efforts to offer one-stop permitting.
ICC International Energy Conservation Code (IECC)
On August 12, 2018 the Board of Commissioners approved Ordinance 2018-14 which adopted the 2012 IECC for residential construction. The adoption included two exemptions which were added to Section 14-68(10). Staff is not proposing any changes to the section and will retain the previously approved exemptions. The City will continue to enforce the 2012 IECC. Adoption of future versions of the IECC should only occur when the State Fire Marshal’s office adopts an updated version.
Accessibility Code Standards
The City currently enforces the 2010 ADA Standards for Accessible Design as prepared by the US Department of Justice and ICC A117.1-2009, referenced within the 2012 adopted ICC Building Code as prepared by the American National Standards Institute.
Ordinance 2019-01 does not recommend adoption of new ADA standards. Staff will continue to enforce the 2010 ADA Standards for Accessible Design until an updated edition is required to be adopted by the U.S. Department of Justice. Staff also recommends adoption of A117.1-2017, since it is referenced in the 2018 International Building Code. However A117.1-2017 is a necessary part of the Code in case a conflict between accessibility as detailed in the ADA standards and the IBC codes occurs:
Insert adoption of A117.1-2017 (Accessible and Usable Buildings and Facilities) is referenced within the 2018 ICC Building Code, however staff recommends continued enforcement in combination with the 2010 Standards for Accessible Design. Where conflicts occur between the provisions of the 2010 ADA Standards for Accessible Design and ICC A117.1-2017 the most stringent shall apply. Per ICC: “ICC A117.1-2017 is available for adoption and use by jurisdictions internationally. Its use with a governmental jurisdiction is intended to be accomplished through adoption by reference in accordance with proceedings establishing the jurisdiction’s laws.”
Additions to Local Amendments (Section 14-72)
Ordinance 2019-01 retains a number of local amendments to Chapter 14, as currently written within the Code. The local amendments reflect building conditions and situations that are unique to housing construction in Brentwood. Previously, several local amendments to the both chapters have been adopted. Those local amendments are to be retained. The following additional local amendments to Chapter 14 are also proposed.
Per ICC: “To facilitate adoption, several sections of this code contain blanks for fill-in information that should be supplied by the adopting jurisdiction as part of the adoption legislation.”
- Insert: Under Section 101.1 of the IRC, IBC, IPC, IMC, IFGC, ISPSC, IPMC, IECC the name of Jurisdiction (City of Brentwood).
- Delete: Fee Schedule Sections 103.5 (IPMC), 105.6.2(ISPSC) 106.6.2(IPC, IFGC),106.5.2 (IMC),
- Refund Schedule Sections- 105.6.3 (ISPSC)106.6.3(IPC, IFGC), 106.5.3 (IMC),
- Violation Penalty Sections- 107.4 (ISPSC),108.4 (IFGC, IPC, IMC, IFGC, IECC)
- Stop Work Order Fine Sections-112.4(IPMC), 107.5 (ISPSC), 108.5 (IPC, IMC, IFGC)
Insert: “Fee Schedules, refund schedule and violation penalties are established within the City of Brentwood Code of Ordinances."
- Refund Policy:
The refund policy for permits has previously been established by office policy, however it should be included within the ordinance since partial payments are required if a project is submitted then withdrawn prior to review, approval or start of construction.
Insert: The Brentwood Planning and Codes Department shall not authorize the refunding of any fee paid except upon written request filed by the original applicant no later than 180 days from the date of the issuance of the permit.
- 100% refund of any permit fee amount paid hereunder that was erroneously paid for or collected;
- 75% refund of the permit fee amount when an application for a permit is withdrawn or canceled prior to start of staff review(s).
- 50% refund of the permit fee amount when no construction work has been completed under the permit issued. HOWEVER building plan review(s) have been completed and/or permit application has been processed by staff. (If a plan review is completed by staff AND THEN plans are changed or revised by applicant prior to the issuance of building permit, an additional 50% fee is required for the initial review completed by staff.)
- Permit Expiration: Section R105.5 of the 1018 IRC-Expiration.
Any permit issued shall become invalid unless work on the site is commenced within 180 days after its issuance, or if the work authorized on the site by such permit has ended or is abandoned for a period of 180 days after the time the work commenced.
Insert: An active permit that is older than 24 months is considered expired. A written request for an extension must be submitted in advance of the 24-month expiration date demonstrating justifiable cause why the project has not been completed.
- Section 903.1 (IPC): Vent pipes that extend through a roof shall be terminated not less than:
Insert: "a height of 12 inches"
- There are several sections of the 2018 IRC and 2018 IBC that may be less stringent than the City’s ordinance pertaining to the following I-Code sections: Section R104.10.1 (IRC) and 104.10.1 (IBC) / Flood Hazard Areas Standards:
- Section R105.2 (IRC) and 105.2 (IBC) / Work exempt from a permit (accessory structures, fences over 7 feet high, decks, playground equipment)
- R106.1.4 (IRC) and 1612 (IBC) Information for construction in flood hazard areas/ flood loads
- 1612.3 (IBC) Establishment of hazard areas
Delete: “Where conflicts occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply.”
Insert: “Where conflicts occur between the provisions of the adopted building codes, referenced codes & standards AND the City of Brentwood Code of Ordinances, the most stringent shall apply.”
- Insert: Table R301.2(1) “Jurisdictions to fill in details as directed by provisions of the code adoption.” See Table R301.2(1), which is attachment below.
- Section P2603.5.1 & 305.4.1 (IRC & IPC) Jurisdiction to determine the required sewer depth.
Insert: A minimum of 18 inches of coverage above the sewer piping.
- Under Section 304.14, 602.3 and 602.4 of the International Property Maintenance Code (IPMC): dates for maintaining window screens and heat supply to habitable spaces are recommended to be established. Jurisdiction to provide date to date on when required during the calendar year.
Delete: “During the period from [date] to [date].”
Insert: "Staff will determine compliance based on investigation of each individual case."
- Under Section 302.4 of the International Property Maintenance Code (IPMC): insert height in inches of weeds or plant growth.
Insert: "Refer to Section 30-32 of the City of Brentwood Code of Ordinances."
The section relates to the height of weeds and grass and requires that "weeds and other overgrowth vegetation on improved property or on vacant parcels less than 15 acres when such vegetation is of a height greater than one foot on the average. . ."
NFPA-1 and NFPA 101 -- Fire Codes
Since the inception of the Fire & Rescue Department in 1986, the City has chosen NFPA 1 as its fire prevention code. On September 23, 2017, the Board of Commissioners adopted the 2012 edition of the NFPA 1 Fire Code with local amendments, pursuant to Ordinance 2017-18. The code applies only to new commercial and service institution construction and significant alterations to existing commercial and service institution buildings. The adoption allowed the City to maintain consistency with the State of Tennessee at the time. The effective date of the changes was December 1, 2017. When the 2012 NFPA 1 was adopted it was with the understanding that the City would move to the 2018 edition when the Planning and Codes Department proposed to adopt the other 2018 ICC Codes. In order to maintain consistency between departments, the Fire & Rescue Department is recommending that the City adopt the 2018 edition of this code. Staff is not proposing any changes to Section 26-68. The local amendments included as part of the amendments approved pursuant to Ordinance 2017-18 are to remain.
Below are the key technical/substantive changes made in the code since the last update was adopted that could possibly affect the City in the future. Other minor amendments are also included in the ordinance, primarily referencing revised section numbers in NFPA 1 and updated editions of related publications.
- New Section 1.4.1.1 provides guidance for the authority having jurisdiction (AHJ) on compliance with subsequent editions of referenced publications.
- New 1.7.2 adds NFPA 1031 and NFPA 1037 as mandatory professional qualification standards for fire inspectors, plans examiners and fire marshals unless otherwise approved by the AHJ.
- Revisions to 10.11.1 provide additional criteria for premises identification.
- Revised 11.12 on photovoltaic systems to address marking for rapid shutdown, updates for roof access and ground-mounted PV installations.
- New 50.7 addresses mobile and temporary cooking equipment (food trucks are included in its application).
Most of the changes that involve new sections and/or chapters are simply an organizational change in the fire code. In the past, NFPA 1031 has been exempt in the City; however, the professional qualifications spelled out in the standard and in NFPA 1037 provide a minimum standard for the Fire Marshal, Fire Inspector, and Fire Investigator. Therefore, Brentwood Fire and Rescue is proposing that these standards no longer be exempt.
Educating Builders
The City of Brentwood is one of only a few local jurisdictions that provides periodic education and training to our building community. The effort is intended to acquaint the building community of changes to the various building codes, policies and procedures that can be expected as a result of the City’s planned adoptions of the 2018 International Codes. The sessions also present new ordinances and policies before they are adopted. In 2018 three training sessions were conducted with the building community. The first session was conducted on May 16th and included a complete overview of the significant code changes between the 2012 International Energy Conservation Code (2009 IECC to 2012 IECC) and the 2018 International Residential Code. (2012 IRC to 2018 IRC).
A second session was conducted on September 12th where staff and the state independent electrical contractors discussed the electrical code changes between the 2008 and 2017 versions of the NEC. As stated above, the State of Tennessee adopted the 2017 NEC, which became effective on October 1, 2018.
A third session was conducted on December 12th. The event was divided into two sessions. The morning session included a discussion of the significant changes between the 2012 IRC and the 2018 IRC. The afternoon session was geared toward plumbing and mechanical contractors and reviewed the significant changes from the 2012 IMC, IFGC and IPC. Mr. John Pruett participated as a guest speaker for the session. Mr. Pruett has been involved in the development and instruction of building code training classes for over 13 years
After adoption of the 2018 ICC Codes, a fourth session is planned in March to address any other questions that may arise.
Feedback from the meetings so far has been positive, with those in attendance expressing appreciation for the opportunity to review the proposed changes with staff and to have their questions addressed.
The adoption of these various code amendments will allow the City to maintain the latest minimum standards and requirements for future construction. Adoption of the updated codes is also essential for preserving the City's Insurance Service Office (ISO) residential and commercial structure ratings (Class PL4 – Residential and Class CL3 – Commercial).
Finally, please note that the proposed Code adoptions are not intended to affect the permit fees associated with the various permits issued by the City. After adoption of the Building Codes staff will explore the fees charged to assess whether they are still appropriate. Any future modifications would have to be reviewed and approved by the Board of Commissioners.
Implementation Date
Staff recommends the effective date of April 1, 2019 for implementation of the new Codes. This additional time will allow developers, builders and staff time to implement any changes necessary by the new edition of the codes. All construction plans submitted for staff review after the effective date would be required to comply with the new Codes.
Should you have any questions, or require additional information, please feel free to contact the Chief Building Official, the Fire Marshal or the Planning and Codes Director. |
At its regular meeting of January 28, 2019 the Board of Commissioners voted seven for and zero against (7-0) to approve Ordinance 2019-01 on first reading.
On August 13, 2018 the Board of Commissioners voted to approve Ordinance 2018-14, adopting the provisions of the 2012 IECC, with local amendments. The adoption of the 2012 IECC was necessary to comply with guidelines established by the State of Tennessee requiring jurisdictions to be within seven years of the most recently published code. With the recent release of the 2018 Codes, the City of Brentwood must update to a minimum of the 2012 IECC.
On September 11, 2017 the Board of Commissioners voted to approved Ordinance 2017-18, which adopted the 2012 Edition of NFPA 1 on second and final reading. The ordinance became effective on December 1, 2017.
On August 28, 2017 the Board of Commissioners approved Ordinance 2017-18 on first reading.
On June 24, 2014, the Board of Commissioners voted to approve Ordinance 2014-13 which proposed amendments to the Municipal Code regarding fees charged for temporary certificates of occupancy. The change relates to the non-refundable portion of the TCO fee from $500 to $250 to be reflective of the City’s actual costs involved in processing TCO’s. Note that the upfront fee for issuance of a TCO would remains unchanged at $2,000.
On November 26, 2012 the Board of Commissioners voted to approve Ordinance 2012-14, on second and final reading.
On November 12, 2012 the Board of Commissioners voted to approve Ordinance 2012-14, on first reading. The ordinance proposed the adoption of the 2012 Editions of the International Code Council's Building, Mechanical, Gas, Housing and Plumbing Codes, the 2009 Edition of the Energy Conservation Code, the 2010 ADA Standards for Accessible Design, and Miscellaneous Local Amendments to the Building Code.
On October 11, 2007 the Board of Commissioners voted to approve Ordinance 2007-25, amending Sections 14-66, 14-68, 14-72, 14-116, 14-141, and 14-166; regarding the adoption of the 2006 editions of the Building, Mechanical Gas, Housing, Plumbing and Energy Codes, on second and final reading.
On September 24, 2007 the Board of Commissioners voted to approve Ordinance 2007-25, which proposed the amendment of Sections 14-66, 14-68, 14-72, 14-116, 14-141, and 14-166; regarding the adoption of the 2006 editions of the Building, Mechanical Gas, Housing, Plumbing and Energy Codes, on first reading. |