Council adopts 2021 codes, keeps local aircraft-hangar exception after debate over sprinkler thresholds

After extended discussion about sprinkler thresholds, grandfathering and impacts on small businesses and hangar owners, the Midlothian City Council adopted the 2021 fire code and a set of 2021 International Codes with North Central Texas COG amendments and local modifications.

Councilman Weaver proposed a local amendment to the fire code's sprinkler section to address Group 3 aircraft hangars at Midway Airport. His motion noted an exception "that group 3 aircraft hangars located within the Midway Airport, not to include any hangar used for hazardous operations, shall conform to the minimum building area square footage of the cities of Midlothian and Waxahachie, whichever is greater." Councilman Weaver's motion was adopted and the fire code item passed 3-2.

Council discussion focused on the city's historical local amendment practice that previously allowed certain firewall separations in lieu of sprinklers, and on why the city sought to move to a modern sprinkler threshold (commonly 6,000 square feet in the region) referenced by the fire marshal. Fire Marshal Ross explained the rationale: "The primary principle of a sprinkler system is to protect people, yes, civilians and firefighters." He and other staff said modern codes and technological changes (battery storage, alternative fuels) and changes to model codes motivated the update.

Council members debated the costs and consequences for property owners who have older, larger nonconforming buildings that lack sprinklers. Several members expressed concern that requiring sprinklers in larger buildings could impose substantial retrofit costs on small businesses and could impede resale. Staff clarified that existing buildings are generally grandfathered so long as the occupancy and use do not change in ways that trigger new requirements.

The council subsequently approved the broader package of 2021 I-Codes, the 2020 NEC and related codes with the same Group 3 hangar exception included in the international building code motion; that motion passed 3-2.

Votes recorded in the meeting show the fire-code-related item and the companion building-code items passed by 3-2. Council directed staff to implement the adopted codes and to retain the specific local amendment for Group 3 hangars that excludes hangars used for hazardous operations and aligns the square-foot threshold with Midlothian or Waxahachie, whichever is greater. Staff noted appeals remain available for code interpretations.