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Plan commission briefed on setback reductions, fire‑rating requirements and implications of Texas Senate Bill 15
Summary
Planning staff explained how building type, occupancy and separation distance determine exterior wall fire ratings and openings, and discussed how Senate Bill 15's allowance for smaller lots interacts with setback and party‑wall options; no vote was taken.
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El Paso City Plan Commission on Oct. 23 received a technical briefing from Planning and Inspections staff about how setbacks, construction type and occupancy affect fire‑rating requirements, openings in exterior walls and building form. Staff addressed how recent state law changes allowing smaller lots factor into local construction practices.
Kevin Smith, Planning and Inspections, introduced the presentation and Daniel (Danny) Chavira, building code specialist, described how the adopted International Building Code uses two principal criteria to set exterior wall fire‑protection requirements: the type of construction and the building's location relative to property lines, rights of way or adjacent buildings.
"The adopted building code uses two criteria to determine how much of how much protection is required," Chavira said. He explained that types of construction range from Type I (noncombustible) to Type V (wood frame) and that the type and proximity to property lines determine required fire‑rating hours and the allowable percentage of openings on exterior walls.
Commissioners asked how Texas Senate Bill 15 — which staff said permits smaller lots in some circumstances — affects construction choices. Chavira said staff expect many small‑lot homes to be built as Type V construction and that the state measure does not eliminate minimum side setbacks: "as long as you're at least 5 feet away from the property line... no additional fire rating would be required on these structures," he said.
Commissioner Masood and others asked whether attached fee‑simple housing with a shared firewall or party wall could be used to create separate homes on narrow lots. Chavira described party walls and fire barriers as available options; he noted that a firewall can be highly restrictive, and gave an example of how far a firewall may need to extend above rooflines.
Staff also explained how older, pre‑setback properties are treated. Chavira said structures built before current setbacks took effect are typically registered as legal nonconforming and may remain as‑built; only new or modified portions must comply with current code when expanded.
A member of the public, Richard Dave of Thunderbird Management Consulting, spoke during the public comment portion of the related item to urge careful attention to underground utility easements, especially gas lines, as development proceeds. "Their only concern is that as we go forward and these developments begin to occur, is that we pay very special attention to the underground easements," Dave said.
Chavira responded that building permit review includes checking for easements and that structures are not permitted on active easements without proper vacation. "No structures are permitted to be done in any easement," he said on the record.
The presentation was informational; commissioners did not take formal action on code changes at this meeting. Staff offered to return with additional technical information if the commission requested it.

