On the agenda: Marble Falls meeting — data center (Apr 7)

NOTICE OF MEETING
GOVERNING BODY OF MARBLE FALLS, TEXAS
APRIL 7, 2026 – 6:00 pm
A quorum of the Marble Falls Economic Development Corporation
and the Planning & Zoning Commission may be present

Notice is hereby given that on the 7th day of April 2026 the Marble Falls City Council will meet in regular
session at 6:00 pm in the City Hall Council Chambers located at 800 Third Street, Marble Falls, Texas, at
which time the following subjects will be discussed:

1. CALL TO ORDER AND ANNOUNCE QUORUM IS PRESENT
2. INVOCATION
3. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES AND TO THE TEXAS FLAG.
“Honor the Texas Flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible.”

4. UPDATES, PRESENTATIONS, PROCLAMATIONS AND RECOGNITIONS
• Recognition of Employee of the Quarter
• Proclamation - National Public Safety Telecommunicators Week April 12-18, 2026
5. CITIZEN COMMENTS. This is an opportunity for citizens to address the City Council concerning an issue of

community interest that is not on the agenda. Comments on a specific agenda item must be made when the
agenda item comes before the Council. The Mayor may place a time limit on all comments. Any deliberation of
an issue raised during Citizen Comments is limited to a statement of fact regarding the item; a statement
concerning the policy regarding the item or a proposal to place the item on a future agenda.

6. CONSENT AGENDA. The items listed are considered to be routine and non-controversial by the Council and

will be approved by one motion. There will be no separate discussion of these items unless a Councilmember so
requests, in which case the item will be removed from the Consent Agenda prior to a motion and vote. The item
will be considered in its normal sequence on the Regular Agenda.

(a) Approval of the minutes of the March 17, 2026 regular meeting and the March 26, 2026
special meeting. Christina McDonald, City Secretary
(b) Approval of Resolution 2026-R-04A responding to the application of ATMOS Energy
Corporation – MidTex Division, to increase rates under the Gas Reliability Infrastructure
April 7, 2026 Meeting
Page 1 of 3

Program; suspending the effective date of this rate application for forty-five days; and
authorizing the City to continue to participate in a coalition of cities known as the “ATMOS
Texas Municipalities”. Christina McDonald, City Secretary
(c) Approval of Resolution 2026-R-04B, suspending the May 9, 2026 effective date of the
proposal by Texas Gas Service Company, a division of One Gas, Inc., to implement interim
grip rate adjustments for gas utility investment in 2025. Christina McDonald, City
Secretary
7. REGULAR AGENDA. Council will individually consider and possibly take action on any or all of the following
items:

(a) Discussion and Action regarding the City of Marble Falls participation in a 391 Commission
- the Burnet County Highland Lakes Sub-Regional Planning Commission (BCHL-SPC). John
Packer, Mayor
(b) Close the Public Hearing on the Levying of Assessments Against Property within
Improvement Area #1 of the Manzano Mile Public Improvement District (The Highlands).
Caleb Kraenzel, City Manager
(c) Close the Public Hearing on the Levying of Assessments Against Property within the Major
Improvement Area of the Manzano Mile Public Improvement District (the Highlands).
Caleb Kraenzel, City Manager
(d) Public Hearing, Discussion and Action on the Ordinance 2026-O-04A amending Chapter 7,
Buildings and Building Regulations and Chapter 10, Fire Prevention and Protection;
adopting the 2024 Editions of the International Building, Plumbing, Mechanical,
Residential, Fuel Gas, and Fire Codes, and including the Life Safety Code, International
Energy Conservation Code, International Swimming Pool and Spa Code; 2023 National
Electric Code; and providing for specific amendments of the International Fire Code.
Jeremy Qualls, Building Official
(e) Discussion and Action on a petition to release the following property from the City’ s
Extraterritorial Jurisdiction (ETJ): Lot 13D (1.564 acres) and Lot 13E (0.079 acres), North
Ridge Subdivision (Burnet County Property ID 126073 and 126074). Christina McDonald,
City Secretary
(f) Discussion and Action on a petition to release the following property from the City’ s
Extraterritorial Jurisdiction (ETJ): Lot 13B (2.0 acres), North Ridge Subdivision (Burnet
County Property ID 116647). Christina McDonald, City Secretary
8. CITY MANAGER’S REPORT
• Update on Community Engagement
April 7, 2026 Meeting
Page 2 of 3

9. EXECUTIVE SESSION CLOSE OPEN SESSION AND CONVENE EXECUTIVE SESSION Pursuant to
§551.071 (Private Consultation between the Council and its Attorney) of the Open Meetings Act. Tex.
Gov’t Code, Council will meet in Executive Session to discuss the following:

•

Consultation with and legal advice from City Attorney concerning petitions to release
property from the City’s extraterritorial jurisdiction

10. RECONVENE INTO OPEN SESSION FOR POSSIBLE ACTION RESULTING FROM ITEMS
DISCUSSED IN EXECUTIVE SESSION
11. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS
12. ADJOURNMENT
The City Council reserves the right to retire into Executive Session at any time during the course of this meeting to
discuss any matters listed on the agenda, as authorized by the Texas Government Code, including, but not limited to,
Sections 551.071 (Consultation with Attorney), 551.072 (Deliberations about Real Property), 551.073 (Deliberations
about Gifts and Donations), 551.074 (Personnel Matters), 551.076 (Deliberations about Security Devices), 551.087
(Economic Development), 418.183 (Deliberations about Homeland Security Issues) and as authorized by the Texas
Tax Code, Section 321.3022 (Sales Tax Information).
This agenda has been reviewed and approved by the City of Marble Falls’ legal counsel, and the presence of any
subject in any Executive Session portion of the agenda constitutes a written interpretation of Texas Government Code
Chapter 551 by legal counsel and constitutes an opinion by the attorney that the items discussed therein may be
legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions
of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent
to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted
by all participants in reliance on this opinion.
In compliance with the Americans with Disabilities Act, the City of Marble Falls will provide for reasonable
accommodations for persons attending City Council Meetings. To better serve you, requests should be received 24
hours prior to the meeting. Please contact Ms. Christina McDonald, City Secretary at 830.798.7060.
Certificate of Posting
I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at City Hall, 800 Third Street,
Marble Falls, Texas in a place convenient and readily accessible to the general public at all times, and posted at least
three full business days prior to the meeting date, in compliance with HB 1522 and the Texas Open Meetings Act.

Christina McDonald, TRMC
City Secretary

April 7, 2026 Meeting
Page 3 of 3

OFFICE OF THE MAYOR
STATE OF TEXAS
CITY OF MARBLE FALLS
PROCLAMATION
By the Mayor
PUBLIC SAFETY TELECOMMUNICATOR WEEK
APRIL 12-18, 2026
WHEREAS, the City of Marble Falls and the Highland Lakes Regional Emergency
Communications Center are committed to providing a high-quality emergency
communications system to the citizens of the City of Marble Falls; and
WHEREAS, The City of Marble Falls recognizes the professional and unending services of the
Telecommunicators who answer 9-1-1 calls on a daily basis; and

WHEREAS, the 9-1-1 Telecommunicators are the link between people calling for help in an
emergency situation and the emergency response agencies who arrive on scene; and

THEREFORE, BE IT RESOLVED, I John Packer, Mayor of the City of Marble Falls, do hereby
recognize the Public Safety Telecommunicators of the Highland Lakes Regional Emergency
Communications Center for their many dedicated hours and steadfast work on behalf and
support of our City and so proudly proclaim the week of April 12th-18th, 2026 as “Public
Safety Telecommunicator Week” in the City of Marble Falls, and encourage our citizens to
congratulate and recognize the Telecommunicators of the Highland Lakes Regional
Emergency Communications Center for their service.
IN WITNESS WHEREOF I have affixed my signature on this the 7th day of April, 2026.

________________________________________
John Packer, Mayor

April 7, 2026
6. CONSENT AGENDA
(a) Approval of the minutes of the March 17, 2026 regular meeting and the March
26, 2026 special meeting. Christina McDonald, City Secretary

6(a)

STATE OF TEXAS
COUNTY OF BURNET
CITY OF MARBLE FALLS
On the 17th day of March 2026, the City Council convened in regular session at 6:00 p.m. in the
City Hall Council Chambers located at 800 Third Street, Marble Falls, with notice of meeting
giving time, place, date, and subject having been posted as described in Chapter 551 of the
Texas Government Code.
PRESENT:

John Packer
Dee Haddock
Griff Morris
Richard Westerman

Mayor
Councilmember
Councilmember
Councilmember

ABSENT:

Craig Magerkurth
Lauren Haltom
Karlee Hubble

Mayor Pro-Tem (excused)
Councilmember (excused)
Councilmember (excused)

STAFF:

Russell Sander
Christina McDonald
Josh Brockman Weber
Christian Fletcher
Tommy Crane
Coy Guenter
Jeff Prato
Angel Alvarado
Trisha Ratliff
Erin Burks
Lacey Dingman
Stacy Marberry Baker
James Kennedy
Jimmy Cole
Melissa Johnson Ramirez

Assistant City Manager
City Secretary
City Attorney
EDC Executive Director
Fire Chief
Assistant Fire Chief/Fire Marshal
City Engineer
Human Resources Director
Assistant Police Chief
Downtown and Marketing Manager
Parks and Recreation Director
HLRECC Director
Public Works Director
PD CID Captain
Court Clerk

VISITORS: Raymond Whelan (The Highlander), Dan Packer, Jeffry Van Slycke, Johnny Campbell,
Maci Cottingham (Daily Trib)
1. CALL TO ORDER AND ANNOUNCE QUORUM IS PRESENT. Mayor Packer called the meeting
to order and announced the presence of a quorum.
2. INVOCATION.

Councilmember

Haddock

gave

the

invocation.

3. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES AND TO THE TEXAS FLAGS.
Mayor Packer led the pledges.
6(a) - Page 1 of 6

4. UPDATES, PRESENTATIONS, PROCLAMATIONS AND RECOGNITIONS
• Update from the Municipal Court. Melissa Johnson Ramirez, Clerk provided the
update.
5. CITIZEN COMMENTS. There were no citizen comments.
6. CONSENT AGENDA.
(a) Approval of the minutes of the March 3, 2026 regular meeting and the March 5, 2026
special meeting.
(b) Approval of Resolution 2026-R-03C appointing the election judges for the May 2, 2026
General Election.
(c) Approval of Resolution 2026-R-03B authorizing the submission of a Texas Community
Development Block Grant Program application to the Texas Department of Agriculture
for the Downtown Revitalization Program.
Councilmember Haddock made a motion to approve the consent agenda. Councilmember
Westerman seconded the motion. The motion carried by a unanimous vote (4-0).
7. REGULAR AGENDA.
Mayor Packer opened items 7(a) and 7(b), including the Public Hearings. City Secretary
Christina McDonald addressed the Council stating the Developer has requested continuation
of the public hearings to accommodate the timing of it’s closing on the construction loan. Ms.
McDonald stated that it is advisable that the City levy assessments at the same meeting that PID bonds
are sold, therefore staff is recommending that the public hearings be kept open and continued until
the April 7 Council Meeting.

(a) Public Hearing on an ordinance making a Finding of Special Benefit to the Property in
the Major Improvement Area of the Manzano Mile Public Improvement District (The
Highlands Subdivision); Providing for the Method of Assessment of Special Assessments
Against Property in the District; Approving an Assessment Roll for the Major
Improvement Area of the District; Levying Assessments Against Property within the
Major Improvement Area of the District; Providing for Payment of the Assessments;
Providing for Penalties and Interest on Delinquent Assessments; Establishing a Lien on
Property within the District; Approving a Service and Assessment Plan; Providing for
Related Matters in Accordance with Chapter 372, Texas Local Government Code;
Providing an Effective Date; Providing for Severability; and Approving a Landowner
Agreement. Councilmember Morris moved to keep the public hearing open with no
adjournment and continue the hearing until the April 7 Council Meeting. Councilmember
Haddock seconded the motion. The motion carried by a vote of 4-0.

6(a) - Page 2 of 6

(b) Public Hearing on an ordinance making a Finding of Special Benefit to the Property in
Improvement Area #1 of the Manzano Mile Public Improvement District (The Highlands
Subdivision); Providing for the Method of Assessment of Special Assessments Against
Property in the District; Approving an Assessment Roll for Improvement Area #1 of the
District; Levying Assessments Against Property within Improvement Area #1 of the
District; Providing for Payment of the Assessments; Providing for Penalties and Interest
on Delinquent Assessments; Establishing a Lien on Property within the District;
Approving a Service and Assessment Plan; Providing for Related Matters in Accordance
with Chapter 372, Texas Local Government Code; Providing an Effective Date; Providing
for Severability; and Approving a Landowner Agreement. Councilmember Morris moved
to keep the public hearing open with no adjournment and continue the hearing until the
April 7 Council Meeting. Councilmember Haddock seconded the motion. The motion
carried by a vote of 4-0.
(c) Discussion and Action on Ordinance 2026-O-03B amending the Code of Ordinances of
the City of Marble Falls, Texas, Chapter 25 “Traffic and Motor Vehicles”, by creating and
adopting a new Article VIII, entitled “Golf Carts” to regulate the operation of golf cars,
recreational off-highway vehicles, neighborhood electric vehicles, and utility vehicles
on designated streets within the City. Erin Burks, Downtown and Marketing Manager
and Trish Ratliff, Assistant Police Chief presented the proposed ordinance to Council.
Councilmember Westerman moved to approve Ordinance 2026-O-03B as presented.
Councilmember Morris seconded the motion. The motion carried by a vote of 4-0.
(d) Discussion and Action on a Strategic Growth Concept Plan for the Highland Lakes
Regional Emergency Communication Center. Stacy Baker Marberry, Director addressed
Council. Councilmember Haddock moved to accept the Strategic Growth Concept Plan as
presented. Councilmember Morris seconded the motion. The motion carried by a vote of
4-0.
8. CITY MANAGER’S REPORT. Assistant City Manager Russell Sander reported on the City’s Hill
Country 100 Club award recipients.
9. EXECUTIVE SESSION. Council did not convene to Executive Session.
10. RECONVENE INTO OPEN SESSION FOR POSSIBLE ACTION RESULTING FROM ITEMS
DISCUSSED IN EXECUTIVE SESSION. No action taken.
11. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS. Staff reviewed the draft April 7 agenda
with Council.
12. ADJOURNMENT. There being no further business to discuss, Councilmember Westerman
moved to adjourn. Councilmember Haddock seconded the motion. The meeting was
adjourned at 6:31 p.m.

6(a) - Page 3 of 6

John Packer, Mayor
ATTEST:

Christina McDonald, TRMC
City Secretary

6(a) - Page 4 of 6

STATE OF TEXAS
COUNTY OF BURNET
CITY OF MARBLE FALLS
On the 26th day of March 2026, the City Council convened in special session at Noon in the City
Hall Council Chambers located at 800 Third Street, Marble Falls, with notice of meeting giving
time, place, date, and subject having been posted as described in Chapter 551 of the Texas
Government Code.
PRESENT:

John Packer
Craig Magerkurth
Dee Haddock
Lauren Haltom
Karlee Hubble
Griff Morris
Richard Westerman

ABSENT:

None

STAFF:

Caleb Kraenzel
Sierra Munoz
Josh Brockman -Weber
Lacey Dingman
Glenn Hanson
Trisha Ratliff
Stacy Marberry Baker
Jeff Prato
James Kennedy
Jake Eason
Angel Alvarado
Carl Currie
Christian Fletcher
Kyle Southern

Mayor
Mayor Pro-Tem
Councilmember
Councilmember
Councilmember
Councilmember
Councilmember

City Manager
Engineering Coordinator/Deputy City
Secretary
City Attorney
Parks and Recreation Director
Police Chief
Assistant Police Chief
HLRECC Director
City Engineer
Public Works Director
Assistant Parks and Recreation Director
Human Resources Director
Interim CPA
EDC Director
Parks and Recreation Superintendent

VISITORS: Trans Rogers (Pattillo, Brown and Hill)
13. CALL TO ORDER AND ANNOUNCE QUORUM IS PRESENT. Mayor Packer called the meeting
to order at Noon and announced the presence of a quorum.
14. INVOCATION. Councilmember Haddock gave the invocation.

6(a) - Page 5 of 6

15. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES AND TO THE TEXAS FLAG.
Mayor Packer led the pledges.
16. UPDATES, PRESENTATIONS, PROCLAMATIONS AND RECOGNITIONS. There were no
updates, presentations, proclamations or recognitions.
17. CITIZEN COMMENTS. There were no citizen comments.
18. CONSENT AGENDA. There were no consent agenda items for consideration.
19. REGULAR AGENDA.
(a) Presentation, Discussion and Acceptance of the FY 2024/2025 Financial Audit Report.
Caleb Kraenzel, City Manager addressed Council. Trans Rogers (Pattillo, Brown and Hill)
presented the audit. Councilmember Haddock moved to accept the FY 2024/2025
Financial audit report. Councilmember Morris seconded the motion. The motion carried
by a vote of 7-0.
20. CITY MANAGER’S REPORT. There was no city manager report.
12:20 p.m. Council convened to Executive Session
12:47 p.m. Council returned to Open Session
21. EXECUTIVE SESSIONCLOSE OPEN SESSION AND CONVENE EXECUTIVE SESSION Pursuant to
§551.071 (Private Consultation between the Council and its Attorney) of the Open Meetings
Act. Tex. Gov’t Code, Council will meet in Executive Session to discuss the following:
•

Consultation with City Attorney regarding the Thunder Rock Sports Complex

22. RECONVENE INTO OPEN SESSION FOR POSSIBLE ACTION RESULTING FROM ITEMS
DISCUSSED IN EXECUTIVE SESSION. No action was taken.
23. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS. There were no announcements.
24. ADJOURNMENT. There being no further business to discuss, Councilmember Westerman
moved to adjourn. Councilmember Hubble seconded the motion. The meeting was
adjourned at 12:50 p.m.
John Packer, Mayor
ATTEST:
Christina McDonald, TRMC
City Secretary
6(a) - Page 6 of 6

April 7, 2026
6. CONSENT AGENDA
(b) Approval of Resolution 2026-R-04A responding to the application of ATMOS
Energy Corporation – MidTex Division, to increase rates under the Gas Reliability
Infrastructure Program; suspending the effective date of this rate application for
forty-five days; and authorizing the City to continue to participate in a coalition of
cities known as the “ATMOS Texas Municipalities”. Christina McDonald, City
Secretary

6(b)

Council Agenda Item Cover Memo
April 7, 2026

Agenda Item No.:
Presenter:
Department :
Legal Review:

6(b)
Christina McDonald, City Secretary
Administration
☒
AGENDA CAPTION

Approval of Resolution 2026-R-04A responding to the application of ATMOS Energy
Corporation – MidTex Division, to increase rates under the Gas Reliability Infrastructure
Program; suspending the effective date of this rate application for forty-five days; and
authorizing the City to continue to participate in a coalition of cities known as the “ATMOS
Texas Municipalities”.
BACKGROUND INFORMATION
The City is a member of the Atmos Texas Municipalities (“ATM”). The ATM group was
organized by a number of municipalities served by Atmos Energy Corporation – MidTex
Division (“Atmos Energy”) and has been represented by the law firm of Herrera Law &
Associates, PLLC to assist in reviewing applications to change rates submitted by Atmos
Energy.
“GRIP” RATE APPLICATION
Under section 104.301 of the Gas Utility Regulatory Act (“GURA”), a gas utility is allowed
to request increases in its rates to recover a return on investments it makes between
general rate cases. This section of GURA is commonly referred to as the “GRIP” statute,
that is, the “Gas Reliability Infrastructure Program.”
Under a decision by the Supreme Court of Texas, the Court concluded that a filing made
under the GRIP statute permitted gas utilities the opportunity to recover return on capital
expenditures made during the interim period between general rate cases by applying for
an interim rate adjustment and that proceedings under the GRIP statute did not
contemplate either adjudicative hearings or substantive review of utilities' filings for
interim rate adjustments. Instead, the Court concluded, the GRIP statute provides for a
ministerial review of the utility’s filings to ensure compliance with the GRIP statute and
the Railroad Commission’s rules, and that it is within the Railroad Commission’s authority
to preclude cities from intervening and obtaining a hearing before the Railroad
Commission.
6(b) - Page 1 of 5

ATMOS ENERGY’S “GRIP” APPLICATION
On or about February 20, 2026, Atmos Energy filed for an increase in gas utility rates
under the Gas Reliability Infrastructure Program (“GRIP”). Atmos Energy’s application if
approved by the Commission will result in an increase in the monthly customer charges
as shown below:

Rate Schedule
Rate R – Residential
Sales
Rate C – Commercial
Sales
Rate I (Industrial) &
Rate T
(Transportation)

Current
Customer
Charge
$25.03 per
customer per
month
$140.01 per
customer per
month
$2,100.00 per
meter per
month

Proposed
2026 Interim
Rate
Adjustment
$10.59 per
customer per
month
$38.65 per
customer per
month
$658.18 per
meter per
month

Adjusted
Charge
$35.62 per
customer per
month
$178.66 per
customer per
month
$2,758.18 per
meter per
month

Increase
Per Bill
$10.59
$38.65
$658.18

Also, Atmos Energy’s proposed increase in revenue results in the following approximate
percentage increases in a customer’s base-rate bills. Base rates recover Atmos Energy’s
costs excluding the cost of gas and are the costs that are directly within Atmos Energy’s
control:
Residential Gas Service:
42.31% increase in customer charge per bill
Commercial Gas Service:
27.61% increase in customer charge per bill
Industrial & Transportation Gas Service: 31.34% increase in customer charge per
meter
The increase in an average customer’s bill is shown below:
Residential Gas Service:
Commercial Gas Service:
Industrial:
Transportation:

20.86% increase in customer bill
17.28% increase in customer bill
21.05% increase in customer bill
10.58% increase in customer bill

Atmos Energy’s application, if approved by the Railroad Commission, will result in a
systemwide increase in Atmos Energy’s revenue of about $286.9 million, of which ATM’s
portion is about $28.2 million. Atmos Energy proposed an effective date of April 21, 2026.
REVIEW AND ACTION RECOMMENDED
In light of the Texas Supreme Court’s opinion, the City’s ability to review and effectuate a
change in Atmos Energy’s requested increase is limited. Nonetheless, to allow for a

6(b) - Page 2 of 5

limited review of Atmos Energy’s GRIP application, and given the limited authority cities
have in GRIP cases, it is recommended that the City suspend Atmos Energy’s proposed
effective date of April 21, 2026 for forty-five days as allowed by state law, so that the City
may evaluate whether the data and calculations in Atmos Energy’s rate application are
correctly done.
Therefore, ATM’s Special Counsel, the law firm of Herrera Law & Associates, PLLC
recommends that the City adopt a resolution suspending Atmos Energy’s proposed
effective date for 45 days. Assuming a proposed effective date of April 21, 2026, Atmos
Energy’s proposed effective date is suspended until June 5, 2026.
Council must take action no later than April 21, 2026.
☐ Current Budget

BUDGET IMPLICATIONS
☐ New Budget Request

☒ Non-Budgetary

STAFF RECOMMENDATION
Staff recommends adoption of Resolution 2026-R-04A suspending Atmos Energy’s
proposed effective date for 45 days.

6(b) - Page 3 of 5

RESOLUTION NO. 2026-R-04A
A RESOLUTION BY THE CITY OF MARBLE FALLS, TEXAS, ("CITY")
RESPONDING TO THE APPLICATION OF ATMOS ENERGY
CORPORATION – MIDTEX DIVISION, TO INCREASE RATES UNDER
THE
GAS
RELIABILITY
INFRASTRUCTURE
PROGRAM;
SUSPENDING THE EFFECTIVE DATE OF THIS RATE APPLICATION
FOR FORTY-FIVE DAYS; AUTHORIZING THE CITY TO CONTINUE
TO PARTICIPATE IN A COALITION OF CITIES KNOWN AS THE
“ATMOS TEXAS MUNICIPALITIES;” DETERMINING THAT THE
MEETING AT WHICH THE RESOLUTION WAS ADOPTED COMPLIED
WITH THE TEXAS OPEN MEETINGS ACT; MAKING SUCH OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, on or about February 20, 2026, Atmos Energy Corporation – MidTex
Division (“Atmos Energy”) filed for an increase in gas utility rates under the Gas Reliability
Infrastructure Program (“GRIP”), which if approved, results in an increase in the monthly
customer charges as follows:

Rate Schedule
Rate R –
Residential Sales
Rate C –
Commercial
Sales
Rate I
(Industrial) &
Rate T
(Transportation)

Current
Customer
Charge
$25.03 per
customer per
month
$140.01 per
customer per
month

Proposed 2026
Interim Rate
Adjustment
$10.59 per
customer per
month
$38.65 per
customer per
month

Adjusted
Charge
$35.62 per
customer per
month
$178.66 per
customer per
month

$2,100.00 per
meter per month

$658.18 per
meter per month

$2,758.18 per
meter per month

Increase
Per Bill
$10.59
$38.65

$658.18

WHEREAS, Atmos Energy’s application, if approved by the Railroad Commission, will result in a
systemwide increase in Atmos Energy’s revenue of about $286.9 million, of which ATM’s portion is
about $28.2 million; and
WHEREAS, the City has a special responsibility to exercise due diligence with regard to rate increases
of monopoly utilities who operate within its boundaries; and
WHEREAS, the application to increase rates by Atmos Energy is complex; and
WHEREAS, the effective date proposed by Atmos Energy is April 21, 2026 but a suspension by the
City will mean that the rate increase cannot go into effect prior to June 5, 2026; and

6(b) - Page 4 of 5

WHEREAS, it is necessary to suspend the effective date for the increase in rates for forty-five days,
so that the City can assure itself that the data and calculations in Atmos Energy’s rate application are
correctly done and are in conformity with section 104.301 of the Gas Utility Regulatory Act.

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MARBLE FALLS, TEXAS THAT:
Section 1.
That the statements and findings set out in the preamble to this resolution
are hereby in all things approved and adopted.
Section 2.
The City suspends the requested effective date by Atmos Energy for fortyfive days pursuant to the authority granted the City under Section 104.301 of the Texas Utilities
Code. The City finds that additional time is needed in order to review the data and calculations
that provide the basis for the rate increase application.
Section 3.
The City shall continue to act jointly with other cities that are part of a
coalition of cities known as the Atmos Texas Municipalities (“ATM”).
Section 4.
The City authorizes the law firm of Herrera Law & Associates, PLLC, to
act on its behalf in connection with Atmos Energy’s application to increase rates.
Section 5.
To the extent Atmos Energy’s application to increase rates under section
104.301 of the Gas Utility Regulatory Act (“GURA”) is considered a ratemaking proceeding
Atmos Energy is ordered to reimburse the City's reasonable rate case expenses incurred in response
to Atmos Energy’s rate increase application within 30 days of receipt of invoices for such expenses
to the extent allowed by law, or pursuant to agreement between Atmos and ATM.
Section 6.
A copy of this resolution shall be sent to Mr. Christopher A. Felan, Vice
President, Rates & Regulatory Affairs, Atmos Energy Corporation, 5420 LBJ Freeway, Suite
1800, Dallas, Texas 75240; and to Mr. Alfred R. Herrera, Herrera Law & Associates, PLLC, P.O.
Box 302799, Austin, Texas 78703, or via email to [email protected].
Section 7.
The meeting at which this resolution was approved was in all things
conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
Section 8.
This resolution shall be effective immediately upon passage.
PASSED AND APPROVED this 7th day of April, 2026.
______________________________________
John Packer, Mayor
ATTEST:
______________________________________
Christina McDonald, City Secretary

6(b) - Page 5 of 5

April 7, 2026
6. CONSENT AGENDA
(c) Approval of Resolution 2026-R-04B, suspending the May 9, 2026 effective date
of the proposal by Texas Gas Service Company, a division of One Gas, Inc., to
implement interim grip rate adjustments for gas utility investment in 2025.
Christina McDonald, City Secretary

6(c)

Council Agenda Item Cover Memo
April 7, 2026

Agenda Item No.:
Presenter:
Department :
Legal Review:

6(c)
Christina McDonald, City Secretary
Administration
☒
AGENDA CAPTION

Approval of Resolution 2026-R-04B, suspending the May 9, 2026 effective date of the
proposal by Texas Gas Service Company, a division of One Gas, Inc., to implement
interim grip rate adjustments for gas utility investment in 2025.
BACKGROUND INFORMATION
The City is represented by the law firm Lloyd Gosselink as it pertains to reviewing Texas
Gas Service Company rate filings.
On Tuesday, March 10, Texas Gas Service Company (Texas Gas or the Company) made
an Interim Rate Adjustment or “GRIP” filing with the cities within its service area. The
Company is seeking recovery of $278,096,965 in invested capital. The current filing will
increase rates to the average small residential customer by $3.58 per month. This will
increase the current small residential customer charge from $19.50 to $23.08 per month.
Large residential customers will see their customer charge increase from $35.00 to
$38.58 per month, and small commercial customers will see their customer charge
increase from $75.00 to $88.70 per month.
The increase is currently scheduled to go into effect on May 9, 2026.
Under the GRIP statute, cities may not challenge the Company’s request. The only action
cities may take is to suspend the effective date of the rate increase by 45 days.
☐ Current Budget

BUDGET IMPLICATIONS
☐ New Budget Request

☒ Non-Budgetary

STAFF RECOMMENDATION
Staff recommends adoption of Resolution 2026-R-04B suspending the date the rate
increase would otherwise go into effect.

6(c) - Page 1 of 3

RESOLUTION NO. 2026-R-04B
A RESOLUTION BY THE CITY OF MARBLE
FALLS, TEXAS SUSPENDING THE MAY 9,
2026 EFFECTIVE DATE OF THE PROPOSAL
BY TEXAS GAS SERVICE COMPANY, A
DIVISION OF ONE GAS, INC. TO IMPLEMENT
INTERIM GRIP RATE ADJUSTMENTS FOR
GAS UTILITY INVESTMENT IN 2025 AND
REQUIRING
DELIVERY
OF
THIS
RESOLUTION TO THE COMPANY AND
LEGAL COUNSEL.
WHEREAS, the City of Marble Falls, Texas (“City”) is a gas utility customer of Texas
Gas Service Company, a Division of One Gas, Inc. (“TGS” or “Company”) and is a regulatory
authority with an interest in the rates and charges of TGS; and
WHEREAS, TGS made filings with the City and the Railroad Commission of Texas
(“Railroad Commission”) on March 10, 2026, proposing to implement interim rate adjustments
(“GRIP Rate Increases”) pursuant to Texas Utilities Code § 104.301 on all customers served by
TGS, effective May 9, 2026; and
WHEREAS, it is incumbent upon the City, as a regulatory authority, to examine the
GRIP Rate Increases to determine its compliance with the Texas Utilities Code.
THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MARBLE FALLS, TEXAS, THAT:
1.

The May 9, 2026, effective date of the GRIP Rate Increases proposed by TGS is
hereby suspended for the maximum period allowed by Texas Utilities Code
§ 104.301(a) to permit adequate time to review the proposed increases, analyze
all necessary information, and take appropriate action related to the proposed
increases.

2.

A copy of this Resolution shall be sent to TGS representative Judy Hitchye, Texas
Gas Service Company, Barton Skyway IV, 1301 S. Mopac, Suite 400, Austin,
Texas 787476 ([email protected]), and to Thomas Brocato, legal
counsel to the City, at Lloyd Gosselink, 816 Congress Ave., Suite 1900, Austin,
Texas 78701 ([email protected]).

Signed this 7th day of April, 2026.

6(c) - Page 2 of 3

ATTEST:

____________________________________
John Packer, Mayor

_____________________________

Christina McDonald, City Secretary

6(c) - Page 3 of 3

April 7, 2026
7. REGULAR AGENDA
(a) Discussion and Action regarding the City of Marble Falls participation in a 391
Commission - the Burnet County Highland Lakes Sub-Regional Planning
Commission (BCHL-SPC). John Packer, Mayor

7(a)

Council Agenda Item Cover Memo
April 7, 2026

Agenda Item No.:
Presenter:
Department:
Legal Review:

7(a)
John Packer, Mayor
Council
☐
N/A
AGENDA CAPTION

Discussion and action regarding the City of Marble Falls’ participation in the Burnet
County Highland Lakes Sub-Regional Planning Commission (391 Commission).
BACKGROUND INFORMATION
Burnet County and several municipalities within the Highland Lakes region are exploring
the formation of a Highland Lakes Sub-Regional Planning Commission, commonly
referred to as a 391 Commission, pursuant to Chapter 391 of the Texas Local
Government Code.
The purpose of the commission is to promote regional cooperation, coordination of
planning efforts, and collaborative solutions to issues that impact multiple jurisdictions
within Burnet County and the Highland Lakes area. Participation would allow the City of
Marble Falls to work alongside neighboring communities and Burnet County in addressing
regional priorities such as infrastructure planning, growth management, transportation,
economic development, and other matters of shared interest.
The proposed commission would serve as a forum for participating entities to coordinate
long-range planning and discuss regional opportunities and challenges.
☐ Current Budget

BUDGET IMPLICATIONS
☐ New Budget Request

☒ Non-Budgetary

STAFF RECOMMENDATION
Staff request City Council’s direction on whether the City of Marble Falls should join the
Burnet County Highland Lakes Sub-Regional Planning Commission.

7(a) - Page 1 of 1

April 7, 2026
7. REGULAR AGENDA
(b) Close the Public Hearing on the Levying of Assessments Against Property within
Improvement Area #1 of the Manzano Mile Public Improvement District (The
Highlands). Caleb Kraenzel, City Manager

7(b)

Council Agenda Item Cover Memo
April 7, 2026

Agenda Item No.:
Presenter:
Department:
Legal Review:

7(b)
Caleb Kraenzel, City Manager
Administration
☒
AGENDA CAPTION

Close the Public Hearing on the Levying of Assessments Against Property within
Improvement Area #1 of the Manzano Mile Public Improvement District (The Highlands).
BACKGROUND INFORMATION
The public hearing was opened at the March 17 Council meeting and left open without
adjournment until the April 7 Council meeting with the assumption that the developer
would have closed on their construction loan by April 7 and Council could move forward
with the assessment and bond ordinances.
The developer has not put their financing together and there is no date as to when they
will close on their construction loan. Being that the developer’s financing is not ready, it
is not prudent for the City to authorize the levy of the assessments.
Legal has recommended that the public hearing be closed. The hearing process will be
restarted once the developer knows for certain when they will close on their construction
loan.
☐ Current Budget

BUDGET IMPLICATIONS
☐ New Budget Request

☒ Non-Budgetary

STAFF RECOMMENDATION
Close the public hearing with no future action.

7(b) - Page 1 of 1

April 7, 2026
7. REGULAR AGENDA
(c) Close the Public Hearing on the Levying of Assessments Against Property within
the Major Improvement Area of the Manzano Mile Public Improvement District
(the Highlands). Caleb Kraenzel, City Manager

7(c)

Council Agenda Item Cover Memo
April 7, 2026

Agenda Item No.:
Presenter:
Department:
Legal Review:

7(c)
Caleb Kraenzel, City Manager
Administration
☒
AGENDA CAPTION

Close the Public Hearing on the Levying of Assessments Against Property within the
Major Improvement Area of the Manzano Mile Public Improvement District (The
Highlands).
BACKGROUND INFORMATION
The public hearing was opened at the March 17 Council meeting and left open without
adjournment until the April 7 Council meeting with the assumption that the developer
would have closed on their construction loan by April 7 and Council could move forward
with the assessment and bond ordinances.
The developer has not put their financing together and there is no date as to when they
will close on their construction loan. Being that the developer’s financing is not ready, it
is not prudent for the City to authorize the levy of the assessments.
Legal has recommended that the public hearing be closed. The hearing process will be
restarted once the developer knows for certain when they will close on their construction
loan.
☐ Current Budget

BUDGET IMPLICATIONS
☐ New Budget Request

☒ Non-Budgetary

STAFF RECOMMENDATION
Close the public hearing with no future action.

7(c) - Page 1 of 1

April 7, 2026
7. REGULAR AGENDA
(d) Public Hearing, Discussion and Action on the Ordinance 2026-O-04A amending
Chapter 7, Buildings and Building Regulations and Chapter 10, Fire Prevention
and Protection; adopting the 2024 Editions of the International Building,
Plumbing, Mechanical, Residential, Fuel Gas, and Fire Codes, and including the
Life Safety Code, International Energy Conservation Code, International
Swimming Pool and Spa Code; 2023 National Electric Code; and providing for
specific amendments of the International Fire Code. Jeremy Qualls, Building
Official

7(d)

Council Agenda Item Cover Memo
April 7, 2026

Agenda Item No.: 7(d)
Presenter:
Jeremy Qualls, Building Official
Department:
Development Services
Legal Review:
☒
AGENDA CAPTION
Public Hearing, Discussion and Action on the Ordinance 2026-O-04A amending Chapter
7, Buildings and Building Regulations and Chapter 10, Fire Prevention and Protection;
adopting the 2024 Editions of the International Building, Plumbing, Mechanical,
Residential, Fuel Gas, and Fire Codes and including the Life Safety Code, International
Energy Conservation Code, International Swimming Pool and Spa Code; 2023 National
Electric Code; providing for specific amendments of the International Fire Code; repealing
all other ordinances in conflict therewith; providing for severability; penalties; and
providing for an effective date.
BACKGROUND INFORMATION
The purpose of this item is for the consideration and adoption of updated editions of the
standardized construction codes adopted by the City of Marble Falls. Specifically, the
proposed update will include the 2024 editions of the following:
•
•
•
•
•
•
•
•

International Building Code (IBC), including Appendices C, E, F, G, I, J and K
International Residential Building Code (IRC), including Appendices AA, AB, BA,
BB, BC, BD, BE, BF, BG, BI, BJ, BK, BL, BM, BN, BO, CA, CB, CC, CD, CE, CF,
CG, and CH.
International Plumbing Code (IPC)
International Mechanical Code (IMC)
International Fuel Gas Code (IFGC)
International Fire Code (IFC), including Appendices A through J and L
International Energy Conservation Code (IECC)
International Swimming Pool and Spa Code

Additionally, the National Electric Code (NEC) is proposed to be updated to the 2023
edition.

7(d) - Page 1 of 40

Building codes establish minimum requirements necessary to provide safety, guard public
health and reduce property losses. Codes provide protection from manmade and natural
disasters. They keep construction costs down by establishing uniformity in the
construction industry, which allows manufacturers to do business on a larger scale regionally, nationally or internationally. Some of the benefits of adopting standardized
construction codes include:
• Protecting from tragedy caused by fire, structural collapse and general
deterioration of an occupied building.
• Provide uniformity in the construction industry, permitting building and material
manufacturing to do business on a much larger scale.
• Establish predictable and minimum standards that apply to the quality and
durability of construction materials.
• Preservation of life and safety.
• Improving and sustaining property values over time.
• Conservation of energy which contributes to intelligent use of resources and
provides cost savings.
The City of Marble Falls, like many cities in the area, has adopted the model codes and
standards developed by the International Code Council (ICC). These model building
codes are used to construct residential and commercial buildings, including homes and
schools, by architects, engineers and developers around the world. The ICC publishes
new editions of these building codes every three years, with the most recent publication
year of 2024.
The City of Marble Falls is currently utilizing the 2018 editions of the ICC building codes.
It is common practice for a city to adopt the second to last publication of the codes to
allow familiarity and education to increase. However, to maintain the City’s current
Insurance Services Office (“ISO”) rating, the City must be no more than one cycle behind
the most current publication.
The Building Official and Fire Marshall reviewed the existing local amendments to the ICC
codes previously adopted by the City to determine whether they were still necessary or
whether newer amendments were needed.
After review, both the Building Official and Fire Marshall agreed that adopting the 2024
ICC codes would be the most beneficial to the City and provide the smoothest transition
for the building industry.
Key Changes
2024 International Building Code (IBC)
• Multiple Administrative changes to Chapter 1 due to reorganization of chapter.
• Carbon Monoxide alarm is now required for all types of occupancies.
• Tornado design data and design requirements have been added to chapter 16.
• Photovoltaic panel systems shall be assigned a risk category based on this section
and shall meet the support requirements of the assigned risk category.
7(d) - Page 2 of 40

•

Additional occupancy categories have been added for minimum plumbing fixture
quantities. New categories include ambulatory and outpatient care facilities as well
as many additional institutional categories not previously included.

2024 International Residential Code for One and Two-Family Dwellings (IRC)
• Multiple administrative changes to Chapter 1 for reorganization and expansion of
the Building Officials role.
• Changes to Chapter 3 include changes for Stairways, Landings, exterior walls, and
Building-integrated photovoltaic systems.
• Enhancements to table in Chapter 4 adding Geotechnical Evaluation for soil types
unsuitable for backfill.
• Splices for floor joist, rafters, and ceiling joist splices shall be designed by
registered design professional in Chapter 5.
• Increased water resistive barrier required behind stucco.
• New tables address alternative wood wall heights in Chapter 6.
2024 International Fire Code (IFC)
• New provisions address hazards for Energy Storage Systems (ESS).
• New Section 320 “Lithium-ion and Lithium Metal Battery Storage” was added.
• Carbon Monoxide alarms are now required in all occupancies.
• Flammable refrigerants (A2L) requirements for safe and well-regulated storage
and usage.
• Fire Protection requirements for distilled spirits and wine storage were further
refined.
• New Section 3107, “Outdoor Assembly Events” was added.
• New Chapter 41, “Temporary Heating and Cooking Operations,” was added.
• Provisions in Section 510 were updated to match the latest terminology and
technology being used for Emergency Responder Communications Enhancement
System (ERCES).
2024 International Plumbing Code (IPC)
• New approved test for Drain, Waste, and Vent system allowing vacuum of -5psi or
-10 inches of mercury column. This test will be required for 15 min.
• Door Locking requirements changed for multiple occupant toilet rooms.
2024 International Mechanical Code (IMC)
• Added Definition for Grease Duct for clarity of the intent of the code.
• Changes made for Flammable refrigerants.
• Chapter 4 adds Detection methods for listed combustible gas detector.
• Chapter 4 added text for Abandoned Fuel Gas Piping, requiring abandoned pipe
to be purged.
2024 International Fuel Gas Code (IFGC)
• Chapter 4 requires Purging of all abandoned fuel gas piping.
7(d) - Page 3 of 40

•

Chapter 4 now allows non-metallic pipe supports.

2024 International Energy Conservation Code (IECC)
• Multiple enhancements have been made to the sections pertaining to air barriers,
air leakage, and the building thermal envelope.
• C403.4.7 – The 2021 version of the IECC introduced a new requirement for cooling
and heating setpoint interlocks where operable openings to the outdoors are larger
than 40 square feet.
• C403.7.8 – Requirements for occupied standby controls have been added for
certain space types listed in this section. The goal is to set back space cooling and
heating setpoints, reduce supply airflow to the spaces, and reduce system
ventilation airflow to lower overall energy consumption when the spaces are
unoccupied.
• C403.7.9 – This new section states that the supply fan within an indoor air handling
unit that provides cooling and heating to a dwelling unit cannot be used to also
supply outdoor ventilation air to the dwelling unless the fan exceeds a certain
efficiency threshold. This requirement is pushing toward the use of decoupled
systems for space conditioning and ventilation. This design might include a
dedicated outdoor air system or energy recovery ventilator to provide ventilation,
while a more conventional air conditioning system would be provided for space
cooling and heating.
• C403.8.6.2 – Provides a list of acceptable methods to control exhaust fans
intermittently for bathrooms and toilet rooms. In addition to automatic controls, a
method to provide a manual on capability shall be provided.
• C405.2.1 – Occupancy sensing lighting controls have been expanded to include
data centers, medical supply rooms, laundry/wash areas, and telemedicine rooms.
• C408.3 – This section now includes functional testing of automatic receptacle
control along with expanded testing requirements of lighting controls.
2024 International Swimming Pool and Spa Code (ISPSC)
• The 2024 International Swimming Pool and Spa Code (ISPSC®) is a
comprehensive swimming pool code coordinated with the current requirements in
the I-Codes and ANSI standards. Developed with the Pool and Hot Tub Alliance
(PHTA) [formerly The Association of Pool & Spa Professionals (APSP)], to
establish minimum regulations for public and residential pools, spas, and hot tubs,
the ISPSC also contains a reference that mandates the requirements within
PHTA/ICC-7 Standard for Suction Entrapment Avoidance.
☐ Current Budget

BUDGET IMPLICATIONS
☐ New Budget Request

☒ Non-Budgetary

STAFF RECOMMENDATION
Approval of Ordinance 2026-O-04A adopting the 2024 editions of the International
Building, Residential, Plumbing, Mechanical, Fuel Gas, Energy Conservation, Property

7(d) - Page 4 of 40

Maintenance, Swimming Pool and Spa and Fire Codes, and the 2023 edition of the
National Electrical Code; and adopting local amendments thereto as presented.

ORDINANCE 2026-O-04A
AN ORDINANCE OF THE CITY OF MARBLE FALLS, TEXAS,
AMENDING THE CODE OF ORDINANCES, CHAPTER 7 (BUILDINGS
AND BUILDING REGULATIONS), ARTICLE II (BUILDING CODE),
ARTICLE III (ELECTRICAL CODE), ARTICLE IV (PLUMBING
CODE), ARTICLE V (MECHANICAL CODE), ARTICLE X
(INTERNATIONAL RESIDENTIAL CODE) ARTICLE XI (ENERGY
CONSERVATION CODE), AND ARTICLE XII (FUEL GAS CODE),
ARTICLE XIV (SWIMMING POOL AND SPA CODE), AND CHAPTER
10 (FIRE PREVENTION AND PROTECTION), ARTICLE Ill (FIRE
PREVENTION CODE); AND ADOPTING THE 2024 EDITIONS OF THE
INTERNATIONAL
BUILDING,
RESIDENTIAL,
PLUMBING,
MECHANICAL, FUEL GAS, FIRE CODES INCLUDING LIFE SAFETY
CODE, INTERNATIONAL ENERGY CONSERVATION CODE,
INTERNATIONAL SWIMMING POOL AND SPA CODE, AND THE
2023 EDITION OF THE NATIONAL ELECTRICAL CODE;
PROVIDING
FOR
SPECIFIC
AMENDMENTS
OF
THE
INTERNATIONAL
BUILDING
CODE,
PLUMBING
CODE,
RESIDENTIAL CODE, AND FIRE CODE; PROVIDING FOR THE
INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENT;
PROVIDING A SAVINGS CLAUSE; PROVIDING A CUMULATIVE
REPEALER; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
FOR A PENALTY IN AN AMOUNT NOT TO EXCEED TWO
THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND EACH
DAY THAT SUCH VIOLATION CONTINUES SHALL CONSTITUTE A
SEPARATE OFFENSE; PROVIDING PROPER NOTICE AND
MEETING; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Marble Falls, is a home-rule municipality operating
pursuant to the enabling legislation of the State of Texas; and
WHEREAS, the City Council of the City of Marble Falls, has determined the need
to adopt modern, standardized building, plumbing, mechanical, electric, energy
conservation, fire protection, and fuel and gas codes for the community; and
WHEREAS, these codes are adopted to safeguard the public health, safety, and general
welfare; and
WHEREAS, such codes are periodically updated and amended by the International Code
Council; and
7(d) - Page 5 of 40

WHEREAS, the City Council is of the opinion that the adoption of the updated, amended
editions of such will benefit the community by the prevention and mitigation of hazards, ensure
responsible construction and building regulations in the City and minimize the loss of life, injury,
and property.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF MARBLE FALLS, TEXAS, THAT:
SECTION I. PREAMBLE. All of the above premises are hereby found to be true
and correct legislative and factual findings of the City of Marble Falls and are hereby
approved and incorporated into the body of this Ordinance as if copied in their entirety.
SECTION II. AMENDMENT. Except as herein amended the Marble Falls Code of
Ordinances shall remain in full force and effect.
1.
Section 7-17 “Adoption of International Building Code” of Article II
“Building Code,” of Chapter 7 “Buildings and Building Regulations,” is hereby amended to
read as follows:
Sec. 7-17. Adoption of International Building Code
(a) The International Building Code, 2024 Edition, including Appendices C, E, F, G, I,
J, and K as published by the International Code Council, is hereby adopted, and
designated as the “Building Code” and the Building Code shall establish
regulations affecting or relating to structures, processes, premises, and safeguards
of the City of Marble Falls, and is made a part hereof, as amended.
(b) One (1) copy of the 2024 Edition of the International Building Code will be on file
in the office of the Building Official.
2. Section 7-18 “Amendments” of Article II “Building Code,” of Chapter 7
“Buildings and Building Regulations,” is hereby amended to read as follows:
Sec. 7-18. Amendments.
The following amendments to the International Building Code are hereby adopted:
Section 101.1, Title, amended.
The Building Code Section 101.1 Title, is hereby amended to read as follows:
101.1 Title. These Regulation shall be known as the Building Code of the City of Marble
Falls, Texas herein after referred to as “this code”.

7(d) - Page 6 of 40

Section 103, Code Compliance Agency, amended.
The Building Code, Section 103 Code Compliance Agency, is hereby amended to read as
follows:

7(d) - Page 7 of 40

Section 103 – Building and Inspections Department
103.1 Buildings and Inspections Department. The building and inspections department
shall be responsible for the implementation, administration, and enforcement of the
revisions of this code. The Building Official shall be the official in charge of the Building
and Inspections Department.
103.2 Appointment. The Building Official shall be appointed by the chief appointing
authority of the jurisdiction.
103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with
the concurrence of the appointing authority, the Building Official shall have the authority
to appoint a deputy code official, or other related technical officers, inspectors, and other
employees. Such employees shall have powers as delegated by the Building Official.
Section 105.2, Work Exempt from Permit, amended.
The Building Code, Section 105.2 Work exempt from permit, is hereby amended to read
as follows:
105.2 Work exempt from permit. Exemptions from permit requirements of this code shall
not be deemed to grant authorization for any work to be done in any manner in violation
of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits
shall not be required for the following:
Building:
1.
Retaining walls that are not over 2 foot (24 inches) in height measured from
the bottom of the footing to the top of the wall, unless supporting a surcharge or
impounding class I, II, IIIA liquids.
2.
Water tanks supported directly on grade and fully enclosed with a cover if
the capacity is not greater than 5,000 gallons (18925 L) and the red ratio of height
to diameter or width is not greater than 2:1.
3.
Painting, papering, tiling, carpeting, cabinets, countertops, and similar
finish work.
4.
Shade cloth structures constructed for nursery and agricultural purposes, not
including service systems.
5.
Swings and other playground equipment accessory to detach one-two
family dwellings.

7(d) - Page 8 of 40

6.
Window awnings in Group R-3 and U occupancies, supported by an exterior
wall that does not project more than 54 inches from the exterior wall and do not
require additional support.
7.
Non-fixed and movable fixtures, cases, racks, counters, and partitions not
over 5 feet 9 inches (1753 mm) in height.
Electrical:
1.
Repairs and maintenance: minor repair work including the replacement of
lamps or the connection of approved portable electrical equipment to approved
permanently installed receptacles.
2.
Radio and television transmission stations: The provisions of this code shall
not apply to electrical equipment used for radio and television transmissions but do
apply to equipment and wiring for a power supply and the installation of towers
and antennas.
3.
Temporary testing systems: A permit shall not be required for the
installation of any temporary system required for the testing or servicing of
electrical equipment or apparatus.
Gas:
1.

Portable heating appliances.

2.
Replacement of any minor part that does not alter approval of equipment or
make such equipment unsafe.
Mechanical:
1.

Portable heating appliance.

2.

Portable ventilation equipment.

3.

Portable cooling unit.

4.
Steam, hot, or chilled water piping within any heating or cooling equipment
regulated by this code.
5.

Replacement in any part that does not alter its approval or make it unsafe.

6.

Portable evaporative cooler.

7.
Self-contained refrigeration system containing 10 pounds (5 KG) or less of
refrigerant and actuated by motors of 1 horsepower (746 W) or less.

7(d) - Page 9 of 40

Plumbing:
1.
The stopping of leeks and drains, water, soil, waste, or vent pipe, provided,
however, that if any concealed trap, drainpipe, water, soil, waste, or vent pipe
becomes defective and it becomes necessary to remove and replace the same with
new material, such work shall be considered as new work and a permit shall be
obtained and inspection made as provided in this code.
2.
The clearing of stoppages or the repairing of leeks and pipes, valves, or
fixtures and the removal and reinstallation of water closets, provided such repairs
do not involve or require the replacement or rearrangement of valves, pipes, and
fixtures.
Section 107. “Construction Documents,” amended.
The Building Code, Section 107.1, General, is hereby amended to read as follows:
107.1 General. Submittal documents consisting of construction documents, special
inspections, geotechnical reports and other data shall be submitted in a digital format to
the Building Official, with each permit application.
Section 113.1 “Means of Appeals,” amended.
The Building Code, Section 113.1, Means of Appeals, General, is hereby amended to read
as follows:
113.1 General. Appeals of orders, decisions, or determinations made by the building
official relative to the application, and interpretation of this code shall be heard by the City
Council any reference made in “this code” to the “Board of Appeals” shall have meaning
as the “City Council”.
Chapter 9 “Fire and Life Safety Systems,” amended.
The Building Code, Chapter 9, Fire and Life Safety Systems, is hereby amended to read as
follows:
Chapter 9 of this code shall be replaced by chapter 9 of the 2024 International Fire Code
(IFC) as adopted and or revised by the City of Marble Falls City Council.
Section 1612.3 “Establishment of flood hazard areas,” amended.
The Building Code, Section 1612.3, Establishment of flood hazard areas, is hereby
amended to read as follows:

7(d) - Page 10 of 40

1612.3 Establishment of flood hazard areas. To establish flood hazard areas, the
applicable governing authority shall adopt a flood hazard map and supporting data. The
flood hazard map shall include, at a minimum, areas of special flood hazard as identified
by Federal Emergency Management Agency in an engineering report entitled “The Flood
Insurance Study of Burnett County, Texas and Incorporated Areas” dated November 1,
2019, as amended or revised with accompanying Flood Insurance Rate Map(FIRM) and
Flood Boundary and Floodway Map (FBFM) and related supporting data along with any
revisions thereto. The adopted flood hazard map and supporting data are hereby adopted
by reference and declared to be part of this section.
Refer to Article 5, Division 2, Section 5.2.2 Titled Flood Damage Prevention of the City of
Marble Falls Code of Ordinances.
3.
Section 7-31 “Adoption of National Electrical Code” of Article Ill “Electrical
Code,” of Chapter 7 “Buildings and Building Regulations,” is hereby amended to read as
follows:
Sec. 7-31. Adoption of National Electrical Code.
(a)

The National Electric Code, 2023 Edition, as published by the National Fire
Protection Association, as amended and as hereafter amended, is hereby
adopted and designated as the electric code of the City of Marble Falls, and is
made a part hereof.

(b)

One (1) copy of the National Electric Code, 2023 Edition, is incorporated
herein by reference and shall be filed in the office of development services for
permanent record and inspection.

(c)

Unless deleted, amended, expanded, or otherwise changed herein, all
provisions of such code shall be fully applicable and binding. In the event a
conflict is determined to exist between said National Electric Code as adopted
and the other provisions of this section, the latter provisions shall be construed
as controlling and taking precedence over the former.

The National Electrical Code, 2023 Edition, as amended and as hereafter
amended, published by the National Fire Safety Board is hereby adopted as the
electrical code of the City of Marble Falls for regulating the design, quality of
materials, installation, alteration, repair, location, relocation, replacement, addition to, or
use of electrical systems in the City of Marble Falls and providing for the issuance of
permits and collection of fees therefore, a copy of which is on file and is open for
inspection by the public in the office of development services and each and all of the
regulations, provisions, conditions and terms of such National Electrical Code, 2023
Edition, published by the National Fire Safety Board, and the City of Marble Falls are
hereby referred to, adopted and made a part hereof as if fully set out in this section.
Sec. 7-31.1. Amendments. The following local amendments to the National

7(d) - Page 11 of 40

Electric Code are hereby adopted as follows:
Chapter 1 – General
Article 100 “Definitions” is hereby amended by adding the following to
definition:
Engineering Supervision. Supervision by a Qualified State of Texas Licensed
Professional Engineer engaged primarily in the design or maintenance of
electrical installations as referenced by TBPELS 137.59 (a) (b) as acceptable by
the AHJ.
Article 110.2 “Approval” is amended to read as follows:
110.2 Approval. The conductors and equipment required or permitted by this
Code shall be accepted only if approved, Approval of the equipment may be
evident by listing and labeling of equipment by a National Recognized Testing
Lab (NRTL) with a certification mark of that laboratory or qualified third party
inspection agency or field evaluation by a Field Evaluation Body accredited by
either the ICC IAS AC354 or ANAB programs and approved by the AHJ.
Chapter 2 – Wiring and Protection
Article 210.52 (C)(2) “Island and Peninsular Countertop and Work Surfaces”
is amended to read as follows:
210.52 (C)(2) Island and Peninsular Countertop and Work Surfaces.
Minimum of one (1) Receptacle outlet shall be installed to serve an Island or
Peninsular Countertop or Work Surface, shall be installed according to 210.52
(C)(3).
Chapter 7 – Special Conditions
Article 705.8 “System Installation” is amended to read as follows:
705.8 System Installation. Installation of one or more electrical power production
sources operating in parallel with primary source(s) of electricity shall be
performed only by qualified person(s). During the installation there shall be on
site one of the following:
(1) A person holding a Master Electrical License issued by the Texas Department
of Licensing and Regulation.
(2) A person holding a Journeyman of the following on site the Texas Department
of Licensing and Regulation.

7(d) - Page 12 of 40

4.
Subsections 7-56 (a) and (b) “Adoption of International Plumbing Code” of
Article IV “Plumbing Code, of Chapter 7 “Buildings and Building Regulations,” are hereby
amended to read as follows:
Sec. 7-56. Adoption of International Plumbing Code.
(a)

The International Plumbing Code, 2024 Edition, as published by the International
Code Council, is hereby adopted, and designated as the plumbing code of the City
of Marble Falls, and is made a part hereof, as amended.

(b)

One (1) copy of the 2024 Edition of the International Plumbing Code is
incorporated herein by reference and shall be filed in the office of development
services for permanent record and inspection.

5.
Section 7-56.1 “Amendments” of Article IV “Plumbing Code,” of Chapter 7
“Buildings and Building Regulations,” is hereby amended to read as follows:
Sec. 7-56.1. Amendments.
(a)

The following amendments to the International Plumbing Code are hereby adopted:

Section 101.1, Title, amended.
101.1 Title. These regulations shall be known as the Plumbing Code of the City of Marble
Falls, Texas hereafter referred to as this code.
Section 103, Code Compliance Agency, amended.
The Plumbing Code, Subsection 103, Code Compliance Agency, is hereby amended to
read as follows:
Section 103 Building and Inspections Department
103.1 Building and Inspections Department. The Building and Inspections Department
shall be responsible for implementation, administration, and enforcement of the provisions
of this code. The Building Official shall be the official in charge of the Building and
Inspections Department.
103.2 Appointment. Building Official shall be appointed by the chief appointing authority
of the jurisdiction.
103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with
the concurrence of the appointing authority, the Building Official shall have the authority
to appoint a deputy building official, other related technical officers, inspectors, and other
employees. Such employees shall have powers as delegated by the Building Official.

7(d) - Page 13 of 40

Subsection 106.3, Licensed master plumbers, added.
The Plumbing Code, Subsection 106.3, Licensed master plumbers is hereby added to read
as follows:
106.3 Licensed master plumbers. Every master plumber doing business in the City of
Marble Falls, Texas shall deliver a current, unexpired copy of the required State of Texas
Master Plumber’s license and a copy of current liability insurance for filing and record
prior to the issuance of a plumbing permit.
Section 112, Means of Appeal, amended.
The Plumbing Code, Section 112, Means of Appeal, is hereby amended to read as follows:
112.1 General. The City Council shall hear and decide appeals orders, decisions, and
determinations made by the Building Official or designee relative to application and
interpretation of this code. Any reference made in this code to “Means of Appeals” or
“Board of Appeals” shall have the same meaning as “City Council”. Reference shall be
made to Chapter 7 Building and Building Regulations of the Marble Falls Code of
Ordinances.
112.2 Limitations on authority. An application for appeal shall be based on the claim that
the true intent of this code or the rules legally adopted thereunder have been incorrectly
interpreted, the provisions of this code do not fully apply, or are equivalent or better form
of construction is proposed. The City Council shall not have the authority to waive the
requirements of this code.
Section 113, Board of appeals, deleted.
The Plumbing Code, Chapter 1 “Administration” Section 113 “Board of Appeals” is hereby
deleted in its entirety.
Section 114.4 Violations, amended.
The Plumbing Code, Section 114.4, Violation penalties is hereby amended to read as
follows:
114.4 Violation penalties. Any person who violates the provisions of this Code or fails to
comply with any of the requirements thereof or who erects, constructs, alters, or repairs a
building or structure in violation of the approved construction documents or directive of
the Building Official or of a permit or certificate issued under the provisions of this code,
is subject to punishment as provided in Section 1-9 and entitled General Penalty of the
Marble Falls Code of Ordinances.

7(d) - Page 14 of 40

Section 305.4.1 Sewer Depth, amended.
The Plumbing Code, Section 305.4.1, Sewer depth, is hereby amended to read as follows:
305.4.1 Sewer depth. Building sewers that connect to private sewage disposal systems
shall be installed not less than 12 inches (304.8 mm) below finished grade at the point of
septic tank connection. Building sewers shall be installed not less than 12 inches (304.8
mm) below grade.
Section 306.1.1 Street openings, added.
The Plumbing Code, Section 306.1.2, Street openings, is hereby added to read as follows:
306.1.2 Street openings
(a)
All repairs and plans of proposed work shall be reviewed and inspected by the
city of Marble Falls Public Works Department.
(b)
All openings made in public streets or alleys to install plumbing must be made as
carefully as possible and all materials excavated from the trenches shall be removed or
placed where the least inconvenience to the public will be caused.
(c)
All openings must be replaced in precisely the same condition as before the
excavation started and all rubbish and materials must be removed at once, leaving the
street and/or sidewalk clean and in perfect repair.
(d)
All openings shall be marked with sufficient barriers. Flares or red lamps shall be
maintained around the opening at night and all other precautions shall be taken by the
plumber or excavator to protect the public from damage to person or property.
Section 903.1.1, Roof extensions unprotected, amended.
The Plumbing Code, Section 903.1.1, Roof extensions unprotected is hereby amended to
read as follows:
903.1.1 Roof extensions unprotected. Open vent pipes that extend through a roof shall be
terminated not less than 6 inches (152.4 mm) above the roof.
Appendix C, Section C101, Cutting, Notching and Boring in wood and Steel members.
The Plumbing Code, Appendix C, Section C101, Cutting, Notching and Boring in Wood
and Steel members is hereby amended to read as follows:

7(d) - Page 15 of 40

Section C101 - Cutting, Notching, and Boring in Wood and Steel members.
C101.1 Joist Notching. Notches on the ends of joist shall not exceed one-fourth the Joist
depth. Holes board in joists shall not be within 2 inches (51 mm) of the top or bottom of
the joist and the diameter of any such hole shall not exceed one-third to depth of the joist.
Notches in the top or bottom of the joists shall not exceed one-sixth the depth and shall be
located in the middle third of the span.
C101.2 Stud Cutting and Notching. In exterior walls and bearing partitions, a wood stood
shall not be cut or notched in excess of 25 percent of its depth. In non-bearing partitions
that do not support loads other than the weight of the partition, a stud shall not be cut or
notched in excess of 40 percent of its depth.
C101.3 Bored Holes. A whole not greater in diameter than 40 percent of the stud width is
permitted to be bored in any wood stud. Bored holes not greater than 60 percent of the
widths of the stud are permitted in non-bearing partitions or in any wall where each bored
stud is doubled, provided not more than two such successive doubled studs are so bored.
In no case shall the edge of the bored hole be nearer than .0625 inches (15.9 mm) to the
edge of the stud. Bored holes shall not be located at the same section of the stud as a cut or
notch.
C101.4 Cutting, Notching, and Boring holes in structural steel framing. The cutting,
notching, and boring of holes in structural steel framing members shall be as prescribed by
the registered design professional.
C101.5 Cutting, Notching, and Boring holes in cold-formed steel framing. Flanges and
lips of load-bearing cold-formed steel framing members shall not be cut or notched. Holes
and webs of load-bearing cold-formed steel framing members shall be permitted along the
centerline of the web of the framing member and shall not exceed the dimensional
limitations, penetration spacing, or minimum hole edge distance as prescribed by the
registered design professional. Cutting, notching, and boring holes of steel floor/roof
decking shall be as prescribed by the registered design professional.
C101.6 Cutting, Notching, and Boring in nonstructural cold-formed steel wall
framing. Flanges and lips of nonstructural cold-formed steel wall studs shall not be cut or
notched. Holes in webs of nonstructural cold-formed steel wall studs shall be permitted
along the centerline of the web of the framing member, shall not exceed 1 1/2 inches (38
mm) in width or 4 inches (102 mm) in length, and the holes shall not be spaced less than
24 inches (610 mm) center to center from another hole or less than 10 inches (254 mm)
from the bearing end.
6.
Subsections 7-71 (a) and (b) “Adoption of International Mechanical Code” of
Article V “Mechanical Code,” of Chapter 7 “Buildings and Building Regulations,” are hereby
amended to read as follows:

7(d) - Page 16 of 40

Sec. 7-71. Adoption of International Mechanical Code.
(a)

The International Mechanical Code, 2024 Edition as published by the International
Code Council, is hereby adopted, and designated as the mechanical code of the City
of Marble Falls, and is made a part hereof, as amended.

(b)

One (1) copy of the 2024 Edition of the International Mechanical Code is
incorporated herein by reference and shall be filed in the office of development
services for permanent record and inspection.

Sec 7-73. Amendments.
(a)

The provisions of the “International Mechanical Code”, 2024 Edition with the
specific local amendments set forth in this Chapter are hereby adopted. In this
Chapter the 2024 International Mechanical Code shall be referred to as the
“Mechanical Code” and Mechanical Code shall establish regulations affecting or
relating to structures, processes, premises, and safeguards.

(b)

A copy of the Mechanical Code shall be on file in the office of the Building Official.
Section 101.1 Title, amended.
The Mechanical Code, Section 101.1 Title, is hereby amended to read as follows:
101.1 Title. These regulations shall be known as the Mechanical Code of the City of
Marble Falls, Texas hereafter referred to as “this code.”
Section 103 Code Compliance Agency, amended.
The Mechanical Code, Subsection 103, Code Compliance Agency, is hereby amended
to read as follows:
Section 103 Building and Inspections Department
103.1 Building and Inspections Department. The Building and Inspections
Department shall be responsible for the implementation, administration, and
enforcement of the provisions of this code. The Building Official shall be the official
in charge of the Building and Inspections Department.
103.2 Appointment. The Building Official shall be appointed by the chief appointing
authority of the jurisdiction.
103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and
with the concurrence of the appointing authority, the Building Official shall have the
authority to appoint a deputy code official, other related technical officers, inspectors,

7(d) - Page 17 of 40

and other employees. Such employees shall have powers as delegated by the Building
Official.
Section 112, Means of appeals, amended.
The Mechanical Code, Section 112, Means of appeals, is hereby amended to read as
follows:
112.1 General. The City Council shall here and decide appeals of orders, decisions,
and determinations made by the Building Official or designee relative to application
and interpretation of this code. Any reference made in this code to “Means of Appeals”
or “Board of Appeals” shall have the same meaning as the City Council.
Section 115.4, Violation penalties, amended.
The Mechanical Code, Section 115.4, Violation penalties is hereby amended to read
as follows:
115.4 Violation penalties. Any person who violates a provision of this code or fails to
comply with any of the requirements thereof or who erects, constructs, alters, or repairs
mechanical work in violation of the approved construction documents or directives of
the Building Official, or of a permit, or certificate issued under the provisions of this
Code is subject to punishment as provided in Section 1-9 and entitled General Penalty
of the Marble Falls Code of Ordinances.
7.
Subsections 7-301 (a) and (b) “Adoption of International Residential Code” of
Article X “International Residential Code,” of Chapter 7 “Buildings and Building Regulations”
are hereby amended to read as follows:
Sec. 7-301. Adoption of International Residential Code.
(a)

The provisions of the “ International Residential Code” 2024 Edition, Including
Appendices AA, AB, BA, BB, BC, BD, BE, BF, BG, BI, BJ, BK, BL, BM, BN,
BO, CA, CB, CC, CD, CE, CF, CG, CH with amendments set forth in this chapter
are hereby adopted. In this Chapter, the 2024 International Residential Code shall
be referred to as the “Residential Code” and the Residential Code shall establish
regulations affecting or relating to structures, processes, premises, and safeguards.

(b)

A copy of the Residential Code shall be placed on file at the office of the Building
Official.

8.
Section 7-302 “Amendments” of Article X “International Residential Code,” of
Chapter 7 “Buildings and Building Regulations” is hereby amended to read as follows:

7(d) - Page 18 of 40

Sec. 7-302. Amendments.
Section R101.1 Title, amended.
The Residential Code, Section 101.1 title, is hereby amended to read as follows:
R101.1 Title. These regulations shall be known as the Residential Code for One- and Twofamily Dwellings of City of Marble Falls, Texas hereinafter referred to as “this Code.”
Section R101.2 Scope, amended.
The Residential Code, Section 101.2, Scope is hereby amended to read as follows:
R101.2 Scope. The provisions of the Residential Code for One- and Two-Family Dwellings
shall apply to the construction, alteration, movement, enlargement, replacement, repair,
equipment, use and occupancy, location, removal and demolition of detached one- and twofamily dwellings and townhouses not more than three stories above grade plane in height
with separate means of egress and their accessory structures not more than three stories above
grade plane in height.
Exceptions: The following shall be permitted to be constructed in accordance with this Code
where provided with automatic sprinkler system complying with International Fire Code:
Live/Work units located in townhouses and complying with the requirements of Section
508.5 of the International Building Code.
Section R103 Department of Building Safety, amended.
The Residential Code, subsection R103, Department of Building Safety, is hereby amended
to read as follows:
Section R103 - Building and Inspections Department
R103.1 Building and Inspections Department Shall be responsible for the implementation,
administration, and enforcement of the provisions of this code. The Building Official shall
be the official in charge of the Building and Inspections Department.
R103.2 Appointment- The Building Official shall be appointed by the chief appointing
authority of the jurisdiction.
R103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with
the concurrence of the appointing authority the building official shall have the authority to
appoint a deputy building official or other related technical officers, inspectors, or other
employees. Such employees shall have powers as delegated by the building official.
Section R104.2.3.1 Flood hazard areas, amended.

7(d) - Page 19 of 40

The Residential Code, Section 104.2.3.1 Flood hazard areas, is hereby amended to read as
follows:
R104.2.3.1 Flood Hazard areas. The building official shall not grant modifications to any
provisions related to flood hazard areas as established by table R301.2 (1) without the
granting of a variance to such provisions by the City Council.
Section R105.1.2 Homestead Exemption, added.
The Residential Code, Section 105.1.2, Homestead exemption, is hereby added to read as
follows:
R105.1.2 Homestead Exemption. A person who is not licensed to perform plumbing,
electrical, or mechanical work may perform such work within dwelling premises, owned by
the person, if the person has filed an affidavit with the Building Official stating that the
location at which the work is to be done is the affiant’s homestead, intends to occupy the
structure and can show proof to the to that effect from the Tax Appraisal District of Burnet
County. Before beginning any work, the unlicensed person shall obtain, from the Building
Official a homestead exemption to do the work and shall pay the required permit fees. No
person who has obtained a homestead exemption for a certain location within the Preceding
12 months shall be issued a homestead exemption at a different location. No person who has
obtained a homestead exemption shall allow or cause any other person to perform such work
under the permit the Building Official may suspend or revoke a permit under which the above
stated work has been performed by anyone other than the person who obtained the permit.
Section R105.2, Work exempt from permit, is hereby amended to read as follows:
R105.2 Work exempt from permit. Exemptions from permit requirements of this code
shall not be deemed to grant authorization for any work to be done in any manner in violation
of the provisions of this code or any other laws or ordinances of the jurisdiction. Permits
shall not be required for the following:
Building:
1. Retaining walls that are not over 2 feet (24 inches) in height measured from the bottom
of the footing to the top of the wall, unless supporting a surcharge.
2. Water tanks supported directly on grade and fully enclosed with a cover if the capacity
does not exceed 5000 gallons (18927 L) and the ratio of height to the diameter or width
does not exceed 2 to 1.
3. Painting, papering, tiling, carpeting, cabinets countertops, and similar finish work.
4. Prefabricated swimming pools that are less than 24 inches deep.
5. Swings and other playground equipment.
6. Window awnings supported by an exterior wall which does not project more than 54
inches from the exterior wall and do not require additional supports.
Electrical:

7(d) - Page 20 of 40

1. Listed cord-and-plug connected decorative lighting.
2. Reinstallation of attached plug receptacles but not the outlet therefore.
3. Replacement of branch circuit over current device of the required capacity in the same
location.
4. Electrical wiring, devices, appliances, apparatus, or equipment operating at less than
25 volts and not capable of supplying more than 50 watts of energy.
5. Minor repair work, including the replacement of lamps or the connection of approved
portable electrical equipment to approved permanently installed receptacles.
Gas:
1. Portable heating, cooking, or clothes drying appliances.
2. Replacement of any minor part that does not alter approval of equipment or make such
equipment unsafe.
3. Portable fuel cell appliances that are not connected to a fixed piping system and are not
interconnected to a power grid.
Mechanical:
1.
2.
3.
4.
5.
6.
7.
8.

Portable heating appliances.
Portable ventilation appliances.
Portable cooling units.
Steam, hot or chilled water piping within any heating or cooling equipment regulated
by this code.
Replacement of any minor part that does not alter approval of equipment or make such
equipment unsafe.
Portable evaporative coolers.
Self-contained refrigeration systems containing 10 pounds or less of refrigerant that are
actuated by motors of one horsepower or less.
Portable fuel cell appliances that are not connected to a fixed piping system and are not
interconnected to a power grid

Plumbing:
1. The stopping of leaks in drains, water, soil, waste, or vent pipe provided however, that
if any concealed trap, drainpipe, water, soil, waste, or vent pipe becomes defective and
it becomes necessary to remove and replace the same within new material, such work
shall be considered as new work and a permit shall be obtained and inspected made as
provided in this code.
2. The clearing of stoppages or the repairing of leaks in pipes, valves, or fixtures, and the
removal and reinstallation of water closets, provided such repairs do not involve or
require as a replacement or rearrangement of valves, pipes, or fixtures.
Section R112 Means of Appeals amended.

7(d) - Page 21 of 40

Section R112 Means of Appeals, is hereby amended to read as follows:
R112.1 General. Appeals of orders, decisions, or determinations made by the building
official relative to the application, and interpretation of this code shall be heard by the City
Council any reference made in “this code” to the “Board of Appeals” shall have meaning as
the “City Council”.
R112.2 Limitations on authority. An application for appeal shall be based on the claim that
the true intent of the code or the rules legally adopted thereunder have been incorrectly
interpreted, the provisions of this code do not fully apply, or an equally good or better form
of construction is proposed. The board shall have no authority to waive the requirements of
this code.
R112.3 Qualifications. The Board of Appeals shall consist of members who are qualified
by experience and training to pass judgment on matters pertaining to building construction
and are not employees of the jurisdiction.
R112.4 Administration. The building official shall take immediate action in accordance
with the decision of the board.
R301.2 Climate and Geographic Design Criteria. The building official shall take
immediate action in accordance with the decision of the board.
Table R301.2 is amended as follows:
Table R301.2, insert the following:
Weatheringa:
Insert: Negligible.
b
Frost Line Depth :
Insert: Twelve inches.
Insert: Moderate to Heavy.
Termitec:
d
Speed (mph) :
Insert: 90 M.P.H.
Altitude correction factore: Insert: 28.
Seismic Design Categoryf: Insert: Seismic Design Category A.
Flood Hazardsg:
Insert: The date of original entry into the flood insurance
program is adopted by reference; and the date of current
FlRM map is hereby adopted by reference.
Ice Barrier Underlayment
Requiredh:
Insert: No.
Insert: See www.ncdc.noaa.gov/tpsf.html.
Special Wind Regioni:
j
Mean Annual Temp : Insert: See www.ncdc.noaa.gov/tpsf.html.
Section R309.2 One – two family dwellings automatic sprinkler systems amended.
Section R309.2 shall be amended to read as follows:
Section 309.2 One – two family dwellings automatic sprinkler systems.

7(d) - Page 22 of 40

An automatic sprinkler system shall not be required in one- and two-family dwellings.
Section R401.1.2 Engineering requirements for residential building foundations,
added.
The International Residential Code Section 401.1.2, Engineering for residential building
foundations, is hereby added to read as follows:
R401.1.2 Engineering requirements for residential building foundations. All foundations
shall be designed and constructed in accordance with engineering practices and within the
scope of this code. Upon completion of the foundation construction or concrete application
and engineer’s certification shall be required for inspection purposes. The certification shall
contain no opinions or disclaimers and shall provide that the foundation was inspected and
meets the engineered design live and dead loading, and soil conditions per requirements of
the 2024 International Residential Building Code.
Exception: This shall not apply to accessory structures less than 200 square feet and are
considered for not for habitation.
Section G2404.3.1, Gas meter locations for accessible locations, added.
The Residential Code Section G2404.3.1, Gas meter locations for accessible locations, is
hereby added to read as follows:
G2404.3.1 Gas meter locations for accessible and acceptable locations. A gas service meter
location, when required, shall be provided for the building or premises to be served as
provided for in this section. The location of the meter and connections shall be easily
accessible for reading, repair, and replacement. The location space requirements,
dimensions, and type of installation shall meet the requirements of the serving utility
provider and a minimum of 3 feet shall be maintained from any operable window in a
sleeping room and from any open flame or ignition source including electrical panels with
disconnecting means.
Section P2603.5.1, Sewer Depth, amended.
The Residential Code, Section P2603.5.1, is hereby amended to read as follows:
P2603.5.1 Building sewers that connect to a private sewage disposal system shall be installed
not less than 12 inches below finished grade at the point of the septic tank connection.
Building sewers shall be installed not less than 12 inches below grade.
The Residential Code, Part VIII – Electrical, Chapters 34 through 43, are here by
deleted.
All Electrical will be permitted and inspected using the adopted National Electrical Code.

7(d) - Page 23 of 40

9.
Subsections 7-311 (a) and (b) “Adoption of International Energy Conservation
Code of Article XI “Energy Conservation Code” of Chapter 7 “Buildings and Building
Regulations” are hereby amended to read as follows:
Sec. 7-311. Adoption of International Energy Conservation Code.
(a)
Except as provided in Section 7-312, The International Energy Conservation
Code, 2024 Edition, including Appendices A. and B. as published by the International
Code Council, is hereby adopted, and designated as the Energy code of the City of
Marble Falls, and is made a part hereof, as amended.
(b)
One (1) copy of the 2024 edition of the International Energy Conservation
Code is incorporated herein by reference and shall be filed in the office of
development services for permanent record and inspection.
10.
Section 7-312 “Amendments” of Article XI “Energy Conservation Code” of
Chapter 7 “Building and Building Regulations” is hereby amended to read as follows:
Sec. 7-312 Amendments.
The following sections of the International Energy Conservation Code are
hereby revised as follows:
Section C101.1, Title, amended.
The Code, Section C101.1, Title, is hereby amended to read as follows:
C101.1 Title. These regulations shall be known as the Energy Code of the City of Marble
Falls, Texas hereafter referred to as “this code”.
Section C103, Code Compliance Agency, amended.
The Energy Code, Subsection C103, Code Compliance Agency, is hereby amended to read
as follows:
Section C103 Building and Inspections Department
C103.1 Building and Inspections Department. The Building and Inspections Department
shall be responsible for implementation, administration, and enforcement of the provisions
of this code. The Building Official shall be the official in charge of the Building and
Inspections Department.

7(d) - Page 24 of 40

C103.2 Appointment. Building Official shall be appointed by the chief appointing authority
of the jurisdiction.
C103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with
the concurrence of the appointing authority, the Building Official shall have the authority to
appoint a deputy building official, other related technical officers, inspectors, and other
employees. Such employees shall have powers as delegated by the Building Official.
Section C104.1.2, Alternative Compliance, added.
The Energy Code, Subsection C104.1.2 Alternative Compliance, is hereby added to read as
follows:
C104.1.2 Alternative compliance. A building certified by a national, state, or local
accredited energy efficiency program and determined by the Energy Systems Laboratory to
be in compliance with the energy efficiency requirements of this section may, at the option
of the Code Official, be considered in compliance. The United States Environmental
Protection Agency's Energy Star Program certification of energy code equivalency shall be
considered in compliance.
A new Section C109, Means of Appeal, added.
R104.1.2 (N1101.4.1) Alternative compliance. A building certified by a national, state, or
local accredited energy efficiency program and determined by the Energy Systems
Laboratory to be in compliance with the energy efficiency requirements of this section may,
at the option of the Code Official, be considered in compliance. The United States
Environmental Protection Agency's Energy Star Program certification of energy code
equivalency shall be considered in compliance. Regardless of the program or the path to
compliance, each 1- and 2-family dwelling shall be tested for air and duct leakage as
prescribed in Section R402.5.1.2 (N1102. 5.1.2) and R403.3.7 (N1103.3.7) respectively.
Section C109, Means of Appeal, amended.
The Energy Code, Section C109, Means of Appeal, is hereby amended to read as follows:
C109.1 General. The City Council shall hear and decide appeals orders, decisions, and
determinations made by the Building Official or designee relative to application and
interpretation of this code. Any reference made in this code to “Means of Appeals” or “Board
of Appeals” shall have the same meaning as “City Council”. Reference shall be made to
Chapter 7 Building and Building Regulations of the Marble Falls Code of Ordinances.
C109.2 Limitations on authority. An application for appeal shall be based on the claim that
the true intent of this code or the rules legally adopted thereunder have been incorrectly
interpreted, the provisions of this code do not fully apply, or are equivalent or better form of
construction is proposed. The City Council shall not have the authority to waive the
requirements of this code.

7(d) - Page 25 of 40

Section C111, Violations, added.
The Energy Code, Section C111, Violations, is hereby added to read as follows:
Section C111 – Violations.
Section C111.1 Unlawful acts. It shall be unlawful for any person, firm, or corporation to
erect, construct, alter, extend, repair, move, demolish, or occupy any building, structure, or
equipment regulated by this Code, or cause same to be done, in conflict with or in violation
of the provisions of this code.
Section C111.2 Notice of Violation. The Building Official or designee is authorized to serve
notice or order on the person responsible for the erection, construction, alteration, extension,
repair, moving, removal, demolition, or occupancy of a building or structure in violation of
this Code, or in violation of a detailed statement or a plan approved thereunder, or in violation
of a permit or certificate issued under the provisions of this Code. Such order shall direct the
discontinuance of the illegal action or condition and the abatement of the violation.
Section C111.3 Prosecution of violation. If the notice of violation is not complied with in
the time prescribed by such notice, the Building Official is authorized to request the legal
counsel of the City to institute the appropriate proceeding at law or in equity to restrain,
correct, or abate such violation, or to require the removal or termination of the unlawful
occupancy of the building or structure in violation of the provisions of this Code or of the
order or direction may pursuant thereto.
Section C111.4 Violation penalties. Any person who violates the provisions of this Code
or fails to comply with any of the requirements thereof or who erects, constructs, alters, or
repairs a building or structure in violation of the approved construction documents or
directive of the Building Official or of a permit or certificate issued under the provisions of
this code, is subject to punishment as provided in Section 1-9 and entitled General Penalty
of the Marble Falls Code of Ordinances.
Section C403.7.4.1, Nontransient dwelling units, amended.
C403.7.4.1 Nontransient dwelling units. Nontransient dwelling units shall be provided with
outdoor air energy recovery ventilation systems complying with not less than one of the
following:
a. The system shall have an enthalpy recovery ratio of not less than 50 percent at
cooling design condition and not less than 60 percent at heating design condition.
b. The system shall have a sensible recovery efficiency (SRE) that is not less than 65
percent at 32°F (0°C) and in Climate Zones 0A, 1A, 2A and 3A shall have a net
moisture transfer (NMT) that is not less than 40 percent at 95°F (35°C). SRE and
NMT shall be determined from a listed value or from interpolation of listed values

7(d) - Page 26 of 40

at an airflow not less than the design airflow, based on testing in accordance with
CAN/CSA C439.
Exceptions:
1. Nontransient dwelling units in Climate Zone 3C.
2. Nontransient dwelling units with not more than 500 square feet (46 m2) of
conditioned floor area in Climate Zones 0, 1, 2, 3, 4C and 5C.
3. Enthalpy recovery ratio requirements at heating design condition in Climate Zones
0, 1 and 2.
4. Enthalpy recovery ratio requirements at cooling design condition in Climate Zones
4, 5, 6, 7 and 8.
5. Dwelling units using ventilation systems per the Fan Efficacy Table in R406, shall
be considered in compliance.
Section C405.2.10 Sleeping unit and dwelling unit lighting and switched receptacle
controls; deleted in its entirety.
Section R105.2.2 Solar Ready System; deleted in entirety.
Section R106.3 Permit Valuation; deleted in entirety.
Section R202 (N1101.6) Definitions; add the following definition:
DYNAMIC GLAZING. Any fenestration product that has the fully reversible ability to
change its performance properties, including U-factor, solar heat gain coefficient (SHGC),
or visible transmittance (VT).
Section R401.2.1 Prescriptive Compliance Option; delete reference to R408.
Table 402.1.2 (1102.1.2) Maximum Assembly/Climate Zone items: amend table as
follows:
TABLE R402.1.2 (N1102.1.2) - MAXIMUM ASSEMBLY U-FACTORS AND
FENESTRATION REQUIREMENTS
Portions of table not shown remain unchanged.
CLIMATE ZONE

2

3

Attic Roofline U-factor f

0.035

0.035

f. Air-impermeable insulation located at the attic roofline but below the roof deck may be
used if mechanical equipment and air distribution system are located entirely within the
building thermal envelope. "Air-impermeable" shall be defined as having an air
permeance not exceeding 0.02 L/s-m 2 at 75 Pa pressure differential tested according to
ASTM E 2178 or ASTM E 283.
7(d) - Page 27 of 40

Table 402.1.3 (N1102.1.3) Insulation/Climate Zone items: amend table as follows:
TABLE R402.1.3 (N1102.1.3) - INSULATION MINIMUM R-VALUES AND
FENESTRATION REQUIREMENTS BY COMPONENT
Portions of table not shown remain unchanged.
CLIMATE ZONE
Attic roofline R-valuei

2
30+0ci

3
30+0ci

i. Air-impermeable insulation of R-30&0 or greater located at the attic roofline but below
the roof deck may be used if mechanical equipment and air distribution system are
located entirely within the building thermal envelope. "Air-impermeable" shall be
defined as having an air permeance not exceeding 0.02 L/s-m 2 at 75 Pa pressure
differential tested according to ASTM E 2178 or ASTM E 283.
Section R402.2.10 (N1102.2.10) Slab-on-grade floors; the Exception is amended as
follows.
Exception: Slab-edge insulation is not required in jurisdictions designated by the code
official as having a moderate to heavy or very heavy termite infestation probability.
Section R402.5.5 (N1102.5.5) Air-sealed electrical and communication outlet boxes;
amend as follows.
Section R402.5.5 (N1102.5.5) Air-sealed electrical and communication outlet boxes.
Air-sealed electrical and communication outlet boxes that penetrated the air barrier of
the building thermal envelope shall be caulked, taped, gasketed or otherwise sealed to
the air barrier element being penetrated. Air-sealed boxes shall be buried in or surrounded
by insulation. Air-sealed boxes shall be tested and marked in accordance with NEMA OS
4. Air-sealed boxes shall be installed in accordance with the manufacturer’s instructions.
Exception: Boxes may be air-sealed in the field using caulk, tape, gasket or other approved
method to prevent air leakage through the box in lieu of NEMA OS 4 boxes. Boxes airsealed in the field shall be sealed to the air barrier element being penetrated and installed
in accordance with manufacturer's instructions
Section R404.2 (N1104.2) Interior lighting controls; deleted in its entirety.
TABLE R405.4.2(1) (N1105.4.2(1)) - SPECIFICATIONS FOR THE STANDARD
REFERENCE AND PROPOSED DESIGNS: amend table as follows.
Portions of table not shown remain unchanged.

7(d) - Page 28 of 40

BUILDING
COMPONENT

Foundations

STANDARD REFERENCE DESIGN PROPOSED DESIGN
Type: same as proposed.

As proposed

Foundation
wall
or
slab
extension above grade: 1 foot
(30cm)
Foundation
wall
or
slab
extension below grade: same as
proposed
Foundation
wall
or
slab
perimeter length: same as
proposed
Soil characteristics: same as
proposed.

As proposed

Foundation wall U-factor and
slab-on-grade
F-factor:
as
n
specified in Table R402.1.2.

As proposed

For SI: 1 square foot = 0.93 m2, 1 British thermal unit = 1055 J, 1 pound per square foot =
4.88 kg/m2, 1 gallon (US) = 3.785 L, °C = (°F-32)/1.8, 1 degree = 0.79 rad.
n. In accordance with Section R402.2.10, a maximum F-factor of 0.73 shall apply for the
reference design in jurisdictions designated by the code official as having a moderate to
heavy or very heavy termite infestation probability.
TABLE R406.5 (N1106.5) MAXIMUM ENERGY RATING INDEX; amend to read as
follows:
TABLE R406.5 (N1106.5) 2
MAXIMUM ENERGY RATING INDEX
CLIMATE ZONE

ENERGY RATING
ENERGY
INDEX
NOT
RATING INDEX
INCLUDING OPP
WITH OPP
2
51 59
34
3
50 59
33
2 The table is effective from September 1, 2022 to August 31, 2025.
TABLE R406.5 (N1106.5) 3
MAXIMUM ENERGY RATING INDEX
CLIMATE ZONE

ENERGY RATING
INDEX
NOT
INCLUDING OPP

ENERGY
RATING INDEX
WITH OPP
7(d) - Page 29 of 40

2
51 57
34
3
50 57
33
3 The table is effective from September 1, 2025 to August 31, 2028.
TABLE R406.5 (N1106.5) 4
MAXIMUM ENERGY RATING INDEX
CLIMATE ZONE

ENERGY RATING
INDEX NOT

ENERGY
RATING INDEX

Section R408 Additional Energy Efficiency Credit Requirements; deleted in entirety.
11.
Subsections 7-321 (a) and (b) “Adoption of International Fuel Gas Code” of
Article XII “Fuel Gas Code,” of Chapter 7 “Buildings and Building Regulations“ are hereby
amended to read as follows:
Sec. 7-321. Adoption of International Fuel Gas Code.
(a)

The International Fuel Gas Code, 2024 Edition, including Appendices A and
B, as published by the International Code Council, is hereby adopted, and
designated as the fuel gas code of the City of Marble Falls, and is made a part
hereof, as amended.

(b)

One (1) copy of the 2024 Edition of the International Fuel Gas Code is
incorporated herein by reference and shall be filed in the office of development
services for permanent record and inspection.

12.
Section 7-322 “Amendments” of Article XII “Fuel Gas Code,” of Chapter 7
“Buildings and Building Regulations“ is hereby amended to read as follows:
Sec. 7-322 Amendments.
The following sections of the International Fuel Gas Code is hereby
revised as follows:
Section 101.1, Title, amended.
The International Fuel Gas Code, Section 101.1 Title, is hereby amended to read as
follows:
101.1 Title. These regulations shall be known as the Fuel Gas Code of the City of Marble
Falls, Texas hereafter referred to as “this code”.
Section 103, Code Compliance Agency, amended.

7(d) - Page 30 of 40

The International Fuel Gas Code, Section 103 Code Compliance Agency, is hereby
amended to read as follows:
Section 103 Building and Inspections Department
103.1 Building and Inspections Department. The Building and Inspections Department
shall be responsible for the implementation, administration, and enforcement of the
provisions of this code. The Building Official shall be the official in charge of the
Building and Inspections Department.
103.2 Appointment. The Building Official shall be appointed by the chief appointing
authority of the jurisdiction.
103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with
the concurrence of the appointing authority, the Building Official shall have the authority
to appoint a deputy code official, other related technical officers, inspectors, and other
employees. Such employees shall have powers as delegated by the Building Official.
Section 112, Means of Appeals, amended.
The Code, Chapter 1 “Administrative”, Section 112 “Means of Appeals” is hereby
amended to read as follows:
112.1 General. The City Council shall hear and decide appeals orders, decisions, and
determinations made by the Building Official or designee relative to application and
interpretation of this code. Any reference made in this code to “Means of Appeals” or
“Board of Appeals” shall have the same meaning as “City Council”. Reference shall be
made to Chapter 7 Building and Building Regulations of the Marble Falls Code of
Ordinances.
112.2 Limitations on authority. An application for appeal shall be based on the claim
that the true intent of this code or the rules legally adopted thereunder have been
incorrectly interpreted, the provisions of this code do not fully apply, or are equivalent or
better form of construction is proposed. The City Council shall not have the authority to
waive the requirements of this code.
Section 113.4 Violations, amended.
The Code, Section 113.4, Violation penalties is hereby amended to read as follows:
113.4 Violation penalties. Any person who violates the provisions of this Code or fails
to comply with any of the requirements thereof or who erects, constructs, alters, or repairs
a building or structure in violation of the approved construction documents or directive
of the Building Official or of a permit or certificate issued under the provisions of this
code, is subject to punishment as provided in Section 1-9 and entitled General Penalty of
the Marble Falls Code of Ordinances.

7(d) - Page 31 of 40

13.
Subsections 7-341 (a) and (b) “Swimming Pool and Spa Code” of Article XIV
“Swimming Pool and Spa Code,” of Chapter 7 “Building and Building Regulation,” are hereby
amended to read as follows:
Sec. 7-341. Adoption of International Swimming Pool and Spa Code.
(a)

The International Swimming Pool and Spa Code, 2024 Edition, as published by
the International Code Council, is hereby adopted, and designated as the
swimming pool and spa code of the City of Marble Falls, and is made a part hereof,
as amended.

(b)

One (1) copy of the 2024 Edition of the International Swimming Pool and Spa
Code is incorporated herein by reference and shall be filed in the office of
development services for permanent record and inspection.

14.
A new Section 7-34 “Amendments” is added to Article XIV “Swimming Pool and
Spa Code,” of Chapter 7 “Building and Building Regulation,” to read as follows:
Sec. 7-342 - Amendments.
Section 101.1, Title, amended.
The Swimming Pool and Spa Code, Section 101.1 Title, is hereby amended to read as
follows:
101.1 Title. These regulations shall be known as the International Swimming Pool and
Spa Code of the City of Marble Falls, Texas hereafter referred to as “this code”.
Section 103, Code Compliance Agency, amended.
The Swimming Pool and Spa Code, Subsection 103, Code Compliance Agency is
hereby amended to read as follows:
Section 103 – Building and Inspections Department
103.1 Building and Inspections Department. The Building and Inspections
Department shall be responsible for the implementation, administration, and
enforcement of the provisions of this code. The Building Official shall be the official in
charge of the Building and Inspections Department.

7(d) - Page 32 of 40

103.2 Appointment. The Building Official shall be appointed by the chief appointing
authority of the jurisdiction.
103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with
the concurrence of the appointing authority, the Building Official shall have the authority
to appoint a deputy code official, other related technical officers, inspectors, and other
employees. Such employees shall have powers as delegated by the Building Official.
Section 112, Means of Appeals, amended.
The Code, Chapter 1 “Administrative”, Section 112 “Means of Appeals” is hereby
amended to read as follows:
112.1 General. The City Council shall hear and decide appeals orders, decisions, and
determinations made by the Building Official or designee relative to application and
interpretation of this code. Any reference made in this code to “Means of Appeals” or
“Board of Appeals” shall have the same meaning as “City Council”. Reference shall be
made to Chapter 7 Building and Building Regulations of the Marble Falls Code of
Ordinances.
112.2 Limitations on authority. An application for appeal shall be based on the claim
that the true intent of this code or the rules legally adopted thereunder have been
incorrectly interpreted, the provisions of this code do not fully apply, or are equivalent or
better form of construction is proposed. The City Council shall not have the authority to
waive the requirements of this code.
Section 113.4 Violations, amended.
The Code, Section 113.4, Violation penalties is hereby amended to read as follows:
113.4 Violation penalties. Any person who violates the provisions of this Code or fails to
comply with any of the requirements thereof or who erects, constructs, alters, or repairs a
swimming pool or spa in violation of the approved construction documents or directive of
the Building Official or of a permit or certificate issued under the provisions of this code,
is subject to punishment as provided in Section 1-9 and entitled General Penalty of the
Marble Falls Code of Ordinances.
15.
Section 10-37 “Adoption of International Fire Code” of Article Ill “Fire
Prevention Code” of Chapter 10 “Fire Prevention and Protection,” is hereby amended to read
as follows:
Sec. 10-37. Adoption of International Fire Code.
(a) Except as provided in Section 10-37.1, the International Fire Code, 2024 Edition,
including Appendices A through J and L, save and except such portions as are
deleted, modified or amended by this article, is hereby adopted as the code of the

7(d) - Page 33 of 40

City of Marble Falls for regulating and governing the safeguarding of life and
property from fire and explosion hazards arising from the storage, handling and use
of hazardous substances, materials and devices, and from conditions hazardous to
life or property in the occupancy of buildings and premises in the City of Marble
Falls and providing for the issuance of permits for hazardous uses or operations;
and each and all of the regulations, provisions, conditions and terms of such.
(b) One (1) copy of the 2024 edition of the International Fire Code is incorporated
herein by reference and shall be filed in the office of development services for
permanent record and inspection.
(c) In the event of conflict between the provisions of this article and other sections of
the Code of Ordinances of the city, the more stringent provision shall apply. In the
event a conflict is determined to exist between said International Fire Code as
adopted and the other provisions of this article, the latter provisions shall be
construed as controlling and taking precedence over the former.
(d) Only the provisions of this article that are not expressly prohibited by state or other
law are intended to be adopted.
(e) Any section of the International Fire Code, shall, where applicable, be amended to
provide that the applicable name of the governmental entity is the City of Marble
Falls.
(f) Any section of any International Code adopted by the City of Marble Falls, shall,
where applicable, be amended to provide that fines and penalties for a violation to
such International Code shall be those described in Section 1-9 of this Code of
Ordinances. An offense under this Chapter is a Class C misdemeanor.
16.
Section 10-37.1 “Amendments; limits” of Article Ill “Fire Prevention Code”
of Chapter 10 “Fire Prevention and Protection” is hereby amended to read as follows:
Sec. 10-37.1. Amendments; limits.
(a) The following amendments to the International Fire Code are hereby adopted:
Section 101.1. Title is amended to read as follows:
101.1: Title. These regulations shall be known as the Fire Code of the Cit of
Marble Falls, hereinafter referred to as “this code.”
Section 102.1, Construction and design provisions is amended by adding a
new paragraph 5 to read as follows:

7(d) - Page 34 of 40

5. The provisions of this code apply to buildings built under the International
Residential Code and International Building Code.
Amend Section 102.4 to read as follows:
102.4 Application of other codes. The design and construction of new structures
shall comply with this code, and other codes as applicable, and any alterations,
additions, changes in use or changes in structures required by this code, which
are within the scope of this and other codes shall be made in accordance therewith.
Add a new Section 106.2.5 to read as follows:
106.2.5 Third Party Plans Review. The Fire Code Official may require any plans
submitted to be reviewed by an outside professional engineer or appropriate
specialist when, in the opinion of the code authority, there exists special technical
knowledge to conduct a satisfactory review of the plans and such special
knowledge is not available among the fire department staff. Fees associated with
outside plan reviews are the sole responsibility of the submitting party. The person
or firm conducting the plan review must be an unbiased third party who meets the
approval of the submitting party and the City of Marble Falls.
Add a new Section 108.7 to read as follows:
Section 108.7 Investigation fee. An investigation shall be made whenever any
work for which a permit is required by this code has commenced without first
obtaining a permit. An investigation fee, in addition to the permit fee, shall be
collected whether or not a permit is subsequently issued. The payment of such
investigation fee shall not exempt any person from compliance with all other
provisions of this code nor from any penalty prescribed by law. The investigation
fee shall be double the amount of the permit fee required by this code not to exceed
$2,000.00.
Add a new Section 109.2.3 to read as follows:
109.2.3 Re-inspections. The Fire Marshal or his designated representative shall
inspect all buildings, premises, or portions thereof as often as may be necessary.
An initial inspection and two re-inspections shall be made free of charge. If the Fire
Marshal or his designee is required to make follow-up inspections after the initial
inspection and two re-inspections to determine whether a violation or violations
observed during the previous inspection have been corrected, a fee shall be
charged. The occupant, lessee, or person making use of the building or premises
shall pay said fee or fees within 30 days of being billed as a condition to continued
lawful occupancy of the building or premises.
Add a new Section 109.4.2 to read as follows:

7(d) - Page 35 of 40

109.4.2 Re-inspections. The Fire Marshal or his designated representative shall
inspect all buildings, premises, or portions thereof as often as may be necessary.
An initial inspection and two re-inspections shall be made free of charge. If the Fire
Marshal or his designee is required to make follow-up inspections after the initial
inspection and two re-inspections to determine whether a violation or violations
observed during the previous inspection have been corrected, a fee shall be
charged. The occupant, lessee, or person making use of the building or premises
shall pay said fee or fees within 30 days of being billed as a condition to continued
lawful occupancy of the building premises.
Amend Section 113.4 Violation penalties to read as follows:
113.4 Violation penalties. Persons who shall violate a provision of this code or
shall fail to comply with any of the requirements thereof or who shall erect, install,
alter, repair or do work in violation of the approved construction documents or
directive of the fire code official, or of a permit or certificate used under provisions
of this code, shall be guilty of a misdemeanor, punishable by a fine of not to exceed
two thousand dollars ($2,000.00). Each day that a violation continues after due
otice has been served shall be deemed a separate offense.
Add a new Section 113.4.2 to read as follows:
113.4.2 Re-inspection fees. A fee established by ordinance shall be collected for
any re-inspection in excess of two inspections to enforce or ensure compliance
with a provision of this chapter. The fee must be paid within 30 days or prior to any
further inspections being conducted at the site.
Amend Section 307.4 307.4 Location to read as follows:
The location for open burning shall be not less than 50 feet (15 240 mm) from any
structure, and provisions shall be made to prevent the fire from spreading to within
50 feet (15 240 mm) of any structure.
Exceptions:
1. Fires in approved containers that are not less than 15 feet (4572 mm) from a
structure.
2. The minimum required distance from a structure shall be 25 feet (7620 mm)
where the pile size is 3 feet (914 mm) or less in diameter and 2 feet (610 mm) or
less in height.
Amend Section 503.3 Marking to read as follows:
503.3 Marking. Striping, signs, or other markings, when approved by the code
official, shall be provided for fire apparatus access roads to identify such roads or
prohibit the obstruction thereof. Striping, signs and other markings shall be
maintained in a clean and legible condition at all times and be replaced or repaired

7(d) - Page 36 of 40

when necessary to provide adequate visibility.
Striping - Fire apparatus access roads shall be continuously marked by painted lines of red traffic
paint six inches (611) in width to show the boundaries of the lane. The words "NO PARKING
FIRE LANE" or "FIRE LANE NO PARKING" shall appear in four-inch (411) white letters at
25-foot intervals on the red border markings along both sides of the fire lanes. Where a curb is
available, the striping shall be on the vertical face of the curb.
a. Signs - Signs shall read "NO PARKING FIRE LANE" or "FIRE LANE NO
PARKING" and shall be 12" wide and 18" high. Signs shall be painted on a
white background with letters and borders in red, using not less than 2"
lettering. Signs shall be permanently affixed to a stationary post and the
bottom of the sign shall be six feet, six inches (6'6") above finished grade.
Signs shall be spaced not more than fifty feet (50') apart.
Signs may be installed on permanent buildings or walls or as approved by the Fire
Code Official.
Add new Sections 503.4.2 through 503.4.5 to read as follows:
503.4.2 An operator of a motor vehicle shall not stop, stand, or park an occupied
or unoccupied motor vehicle in a fire lane to temporarily load or unload
merchandise or passengers. It shall be unlawful for any person to stop, stand, or
park a vehicle, or to allow a vehicle owned by him to stop, stand, or park, within
any fire lane, on either public or private property. Persons who park a vehicle or
allow a vehicle to be stopped, stood or parked in such area, whether it is on public
or private property, may be cited for and charged with a violation. Proof that a
person owned a vehicle shall constitute prima facie proof that the person parked
the vehicle or allowed the vehicle to be parked in such area.
503.4.3 Presumption. In a prosecution under this section, it is presumed that the
registered owner of the motor vehicle is the person who stopped, stood, or parked
the vehicle at the time and place where the offense occurred. If any vehicle found
by a person authorized to enforce this chapter to be in violation of this chapter is
unattended at the time of the violation is discovered and the identity of the operator
is not apparent, the person in whose name such vehicle is registered as owner
shall be held prima facie responsible for such violation.
503.4.4 Liability. No law-enforcement officer, fire officer in charge or the fire
officer's delegate or fire marshal or fire marshal's deputy, enforcing this chapter,
and no one who removes a vehicle from a prohibited area as described in this
chapter or stores such a vehicle, having been directed to remove or store such
vehicle by a person authorized to enforce this chapter, shall be liable for criminal
prosecution for any conduct directly relating to the enforcement of this chapter or
be liable to any person for negligence, resulting in the injury to or loss or destruction
of any real or personal property if such negligence arises out of the enforcement

7(d) - Page 37 of 40

of this chapter; provided, however, that such persons shall be liable for loss or
destruction of any real or personal property caused by acts or omissions
amounting to gross negligence or willful or wanton misconduct.
503.4.5 Enforcement. The Fire Marshal or any member of the Marble Falls Fire
Rescue designated by the Fire Marshal, the Chief of Police, or any member of the
Police Department are hereby authorized to issue parking citations for any motor
vehicle, trailer, boat, or similar obstruction found parked, whether attended or
unattended in or upon a designated fire lane and may have such obstruction
removed by towing it away. Such vehicle or obstruction may be redeemed by
payment of the towage and storage charges at the owner's expense.
Amend Section 505.1 Address identification to read as follows:
505.1 Address identification. New and existing buildings shall have approved
address numbers, building numbers or approved building identification placed in a
position that is plainly legible and visible from the street or road fronting the
property and from all rear alleyways/access. These numbers shall contrast with
their background. Where required by the fire code official, address numbers shall
be provided in additional approved locations to facilitate emergency response.
Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall
be a minimum of 6 inches high with a minimum stroke width of 1 inch. Where
access is by means of a private road and the building cannot be viewed from the
public way, a monument, pole or other sign or means shall be used to identify the
structure. Address numbers shall be maintained.
Add a new Section 506.3 Elevator key box to read as follows:
506.3 Elevator Key Box. A key box of an approved type shall be installed near
elevators to hold keys necessary for access to elevator machinery and controls.
For elevators with Phase I recall, the key box must be located on the designated
recall floor, above the recall switch. When no recall feature exists, the elevator key
box should be located above the elevator call button, approximately six feet above
the floor level or another approved location by the Fire Code Official. The elevator
key box may contain keys for the machine room door, secondary level door, pit
door, roof door, fire emergency service, hoistway access, mechanical hoistway
access devices, and miscellaneous switch keys.
Add a new Section 506.4 Elevator car to accommodate ambulance stretcher
to read as follows:
506.4 Elevator car to accommodate an ambulance stretcher. In buildings three
stories or more above grade plane or three or more stories below grade plane, at
least one elevator shall be provided for fire department emergency access to all
floors. The elevator car shall be of such a size and arrangement to accommodate
an ambulance stretcher 24-inch by 84- inch (610 mm by 2134 mm) with not less

7(d) - Page 38 of 40

than 5-inch (127 mm) radius corners, in the horizontal, open position and shall be
identified by the international symbol for emergency medical services (star of life).
The symbol shall not be less than 3 inches (76 mm) high and shall be placed inside
on both sides of the hoist way door frame.
Add a new Section 902.2.2.3 to read as follows:
902.2.2.3. Any Type B occupancy with a total fire area of over 12,000 square feet
an automatic sprinkler system shall be installed.
Add a new Section 903.2.1 Automatic Sprinkler System to read as follows:
903.2.1 Automatic Sprinkler System. An Automatic Sprinkler System shall be
provided throughout all stories in ALL OCCUPANCY Groups when the fire area
exceeds 12,000 square feet. The code with the more stringent fire area
requirements shall take precedence and be followed.
Amend Section 907.2.3 Group E to add exception 1.1 to read as follows:
1.1. Residential In-Home day care with not more than 12 children may use
interconnected single detectors in all habitable rooms. (For care of more than five
children 2 1/2 or less years of age, see Section 907.2.6.)
Delete Section 1103.5.1 Retrofitting A-2 Occupancies with Sprinklers
SECTION Ill. REPEALER. The provisions of this Ordinance shall be cumulative of all
other ordinances or parts of ordinances governing or regulating the same subject matter as that
covered herein, provided, however, that all prior ordinances or parts of ordinances inconsistent
or in conflict with any of the provisions of this Ordinance are hereby expressly repealed to the
extent that such inconsistency is apparent. This Ordinance shall not be construed to require or
allow any act which is prohibited by any other ordinance.
SECTION IV. PROVIDING FOR SEVERABILITY. If any provision, section,
sentence, clauses or phrase of this Ordinance or application of same to any persons or set of
circumstances is for any reason held to be unconstitutional, void, invalid, or unenforceable, the
validity of the remaining portion of this Ordinance or its application to other persons or sets of
circumstances shall not be affected herby, it being the intent of the City Council of the City of
Marble Falls in adopting, and the Mayor in approving this Ordinance, that no portion hereof or
provision or regulation contained herein shall become inoperative or fail by reason of any
unconstitutionality or invalidity of any portion, provisions or regulation.
SECTION V. PENALTY CLAUSE. Any person, firm, or corporation violating any
provision or terms of this Ordinance shall be guilty of a misdemeanor and, upon conviction shall
be fined a sum not to exceed $2,000.00 for each offense, and each and every violation or day
such violation shall continue or exist shall be a separate offense.

7(d) - Page 39 of 40

SECTION VI. PROPER NOTICE AND MEETING. It is hereby officially found
and determined that the meeting at which this Ordinance was passed was open to
the public as required and that public notice of the time, place and purpose of said
meeting was given as required by the Open Meetings Act, Chapter 551 of the
Texas Government Code. Notice was also provided as required by Chapter 52 of
the Texas Local Government Code.
SECTION VII. EFFECTIVE DATE. This ordinance shall be in full force and
effect immediately from and after its passage and publication as may be required by
governing law.
DULY PASSED by the City Council of the City of Marble Falls, Texas, on the ___ day
of ______________ 2026.
APPROVED:
_________________________________
John Packer, Mayor
ATTEST:
_________________________________
Christina McDonald, City Secretary
(Seal)

APPROVED TO FORM:
____________
Josh Brockman-Weber, City Attorney

7(d) - Page 40 of 40

April 7, 2026
7. REGULAR AGENDA
(e) Discussion and Action on a petition to release the following property from the
City’ s Extraterritorial Jurisdiction (ETJ): Lot 13D (1.564 acres) and Lot 13E
(0.079 acres), North Ridge Subdivision (Burnet County Property ID 126073 and
126074). Christina McDonald, City Secretary

7(e)

Council Agenda Item Cover Memo
April 7, 2026

Agenda Item No.:
Presenter:
Department:
Legal Review:

7(e)
Christina McDonald, City Secretary
Administration
☒
N/A
AGENDA CAPTION

Discussion and Action on a petition to release the following property from the City’s
Extraterritorial Jurisdiction (ETJ): Lot 13D (1.564 acres) and Lot 13E (0.079 acres), North
Ridge Subdivision (Burnet County Property ID 126073 and 126074).
BACKGROUND INFORMATION
This item has been placed on the agenda for Council to consider a petition submitted to
the City for release from the City’s ETJ. The property is commonly known as The Falls
281.
☐ Current Budget

BUDGET IMPLICATIONS
☐ New Budget Request

☒ Non-Budgetary

STAFF RECOMMENDATION
Staff recommends denial of the petition.

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April 7, 2026
7. REGULAR AGENDA
(f) Discussion and Action on a petition to release the following property from the
City’ s Extraterritorial Jurisdiction (ETJ): Lot 13B (2.0 acres), North Ridge
Subdivision (Burnet County Property ID 116647). Christina McDonald, City
Secretary

7(f)

Council Agenda Item Cover Memo
April 7, 2026

Agenda Item No.:
Presenter:
Department:
Legal Review:

7(f)
Christina McDonald, City Secretary
Administration
☒
N/A
AGENDA CAPTION

Discussion and Action on a petition to release the following property from the City’s
Extraterritorial Jurisdiction (ETJ): Lot 13B (2.0 acres), North Ridge Subdivision (Burnet
County Property ID 116647).
BACKGROUND INFORMATION
This item has been placed on the agenda for Council to consider a petition submitted to
the City for release from the City’s ETJ. The property is commonly known as Marble Falls
Storage.
☐ Current Budget

BUDGET IMPLICATIONS
☐ New Budget Request

☒ Non-Budgetary

STAFF RECOMMENDATION
Staff recommends denial of the petition.

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