Talarico’s bill ending second stairway rules for midrise apartments

The text as introduced · 718 words

By: Talarico
H.B. No. 5148

A BILL TO BE ENTITLED

AN ACT

relating to regulation of stairway requirements in certain

multifamily residential buildings by political subdivisions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 211, Local Government Code, is amended

by adding Subchapter D to read as follows:

SUBCHAPTER D. SINGLE STAIRWAY IN CERTAIN MULTIFAMILY RESIDENTIAL

BUILDINGS

Section 211.051 DEFINITIONS.

In this subchapter:

(1)"Multifamily residential building" means a

residential building with a Group R-2 occupancy, as defined by the

International Building Code.

Section 211.052. APPLICABILITY. This subchapter applies only

to a municipality that employs a professional fire department.

Sec 211.053. 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:

(1) has no more than 6 stories above grade plane and

does not qualify as a high-rise, as defined in the International

Building Code, as adopted under Section 214.216, Local Government

Code;

(2) has no more than four dwelling units on any floor;

(3) regardless of the stairway construction type, has

automatic sprinkler locations in interior exit stairways that

comply with the requirements of NFPA 13 for combustible stairways;

(4) has an exterior stairway or interior exit

stairway is provided and doors in the stairway swing into the

interior exit stairway regardless of the occupant load served,

provided that doors from the interior exit stairway to the building

exterior are permitted to swing in the direction of exit travel;

(5) has openings to the interior exit stairway

enclosure are limited to those required for exit access into the

enclosure from normally occupied spaces, those required for egress

from the enclosure, and openings to the exterior. Elevators shall

not open into the interior exit stairway enclosure;

(5) has interior exit stairway enclosures have a

fire-resistance rating of not less than 2 hours;

(6) has a minimum 1 hour fire-resistance rated

corridor separates each dwelling unit entry/exit door from the

door to an interior exit stairway, including any related exit

passageway, on each floor;

(7) has dwelling unit doors that do not open directly

into an interior exit stairway;

(7) has no more than 20 feet (6096 mm) of travel

distance exist between the exit stairway from the entry/exit door

of any dwelling unit;

(8) has exit access travel that does not exceed 125

feet (38100 mm);

(9) has an exit serving the Group R occupancy that

does not discharge through any other occupancy, including an

accessory parking garage;

(10) has an exit that does not terminate in an egress

court where the court depth exceeds the court width unless it is

possible to exit in either direction to the public way;

(11) has no openings within 10 feet (3048 mm) of

unprotected openings into the stairway other than required exit

doors having a 1-hour fire-resistance rating;

(12) has emergency escape and rescue openings

compliant with International Building Code Section 1031 on all

floors served by the single exit;

(13) has no electrical receptacles in an interior

exit stairway;

(14) has met all other applicable provisions of the

adopted local building codes, and;

(15) has an automatic smoke and fire detection system

that activates the occupant notification system in accordance with

IBC Section 907.5 installed in the building in:

(A) common spaces outside of dwelling units;

(B) laundry rooms, mechanical equipment rooms, and storage

rooms;

(C) all interior corridors serving dwelling units; and

(D) all main floor landings or interior and exterior exit

stairways.

(b) Nothing in this subchapter prohibits a municipality

from adopting an ordinance, rule, or other regulation authorizing

multifamily residential buildings with a single stairway if the

building does not comply with the requirements of Subsection (a).

Sec. 211.055. NO EFFECT ON PROPERTY OWNERS' ASSOCIATIONS

AND OTHER PRIVATE AGREEMENTS. This subchapter does not prohibit

property owners from enforcing rules or deed restrictions imposed

by a property owners' association.

Sec. 211.056. AUTHORIZED REGULATION. Except as provided by

this chapter, a municipality's height limitations, front setback

limitations, site plan review, and other zoning requirements that

are generally applicable to multifamily construction for the area

in which a multifamily residential building is built apply to the

multifamily residential building.

Section 2. This act takes effect September 1, 2025.