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.