Ord. 1209 03-28-05ORDINANCE NO. 1209
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING CHAPTER 7, BUILDING, OF
THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY
HAVE BEEN, FROM TIME TO TIME, AMENDED, TO AMEND
SECTION 7-13, ENTITLED ADOPTED; SECTION 7-13.1,
ENTITLED AMENDMENTS; MODIFICATIONS; ADDITIONS;
DELETIONS, SECTION 7-51, ENTITLED ADOPTION OF
REGULATIONS; CONFLICTING PROVISIONS, AND SECTION 7-
51.1, ENTITLED AMENDMENTS; MODIFICATIONS; ADDITIONS;
DELETIONS, HAVING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AND A REPEALER CLAUSE; AND PROVIDING FOR
CODIFICATION AND AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
Section 1. That Article II, Building Code, of Chapter 7, Building, of the
City of Pearland Code of Ordinances, is hereby amended to AMEND Section 7-
13, entitled Adopted, to read as follows:
"7-13. Building code adopted.
The International Building Code, 2003 Edition, as published by the International
Code Council, Inc., is hereby adopted and incorporated herein by reference, and
a true and correct copy of said code is filed in the office of the city secretary."
Section 2. That Article II, Building Code, of Chapter 7, Building, of the
City of Pearland Code of Ordinances, is hereby amended to AMEND Section 7-
13.1, entitled Amendments; Modifications; Additions; Deletions, to read as
follows:
"7-13.1. Local amendments.
The building code adopted in section 7-13 is modified in the following respects:
(a) Section 101.1 is hereby amended to read as follows:
ORDINANCE NO. 1209
101.1 Title. These regulations shall be known as the Building Code
Of the city of Pearland, Texas, hereinafter sometimes referred to
as "this code."
(b) Section 101.2.1 is hereby amended to read as follows:
101.2.1 Appendices. The provisions contained in the appendices
referenced and listed below are hereby made part of the
adopting ordinance:
Appendix-B "Board of Appeals"
Appendix-C "Agricultural Buildings" Group "U"
Appendix-D "Fire District"
Appendix-E "Supplementary Accessibility"
Appendix-F "Rodent Proofing"
Appendix-G "Flood Resistant Construction"
Appendix -I "Patio Covers"
Appendix-J "ADA for Historic Buildings"
(c) Section 101.4.1 is hereby amended to read as follows:
101.4.1 Electrical. The provisions of the NFPA 70, National Electric
Code (NEC'99) as published by the National Fire Protection
Association, hereto adopted by the City, as amended, shall apply
to the installation of electrical systems, including alterations,
repairs and replacement of fixtures.
(d) Section 101.4.5 is hereby amended to read as follows:
101.4.5 Property maintenance. The provisions of the International
Property Maintenance Code along with Life Safety Code 2000
shall apply as the standard guide for repairs, alterations,
renovations and maintenance of all commercial buildings and
appurtenances.
(e) Section 105.2 is hereby amended to read as follows:
105.2 Work exempt from permit. Permits shall not be required for
maintenance work costing less than three hundred dollars
($300), unless inspection is required.
The following entities shall be exempt from permit fees and
inspections:
U.S. Government
Federal agencies
Federal independent contractors
State of Texas
Brazoria County
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ORDINANCE NO. 1209
The following entities shall be exempt from the payment of permit
fees only:
School Districts
City of Pearland
City of Pearland Economic Development Corporation
(f) Section 106.3.4.1 is hereby amended to add the following to the end of
said section:
106.3.4.1 General.
For all projects whether privately or publicly funded, except one
and two family dwellings, that are classified as Commercial,
Educational, Institutional or Assembly type occupancy with three
or more stories in height or more than five thousand (5,000)
square feet in area, the Designer shall be an Architect or
Engineer legally registered under the laws of this state.
(g) Section 108.2 is hereby amended to add the following to the end of said
section:
108.2 Permit fees.
When the valuation of the proposed construction exceeds $1,000
and a plan is required to be submitted, a plan -checking fee shall
be paid to the Permit Office at the time when plans and
specifications are submitted for review. Said plan -checking fee
shall be equal to one-half of the building permit fee as set forth in
the City Permit Fee Schedule.
(h) Section 108.4 is hereby amended to read as follows:
108.4 Violations. Any person who commences any work on a building,
structure, electrical, gas, mechanical or plumbing system before
obtaining the necessary permits shall be subject to a fee in an
amount of double the permit fee, except where the work was
done to an electrical or plumbing system, in which case the fee
shall be four times the permit fee. This fee shall be in addition to
the required permit fees.
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ORDINANCE NO. 1209
(i) Section 110.1 is hereby amended to add the following to the end of said
section:
0)
110.1 Use and Occupancy.
For the purpose of this section, the moving of furniture or other
personal property items into a property prior to issuance of a
certificate of occupancy shall constitute the occupancy or use of
the property. Such act is hereby prohibited, unless authorized by
the Building Official.
Section 112.3 is hereby amended to read as follows:
112.3 Qualifications for Board of Appeals. The Board of Adjustment
and Appeals shall consist of seven members: five regular
members and two alternates. The regular members shall be
individuals with knowledge and experience in the technical
codes, such as design professionals, contractors, building
industry representatives and licensed
electrical/mechanical/plumbing tradesmen. The two alternate
positions shall be filled by one person from the building industry
and one person from the general public.
(k) Section 903.2.8 is hereby amended to read as follows:
903.2.8 Group R. All "R-1 to R-4" occupancy type (apartments, etc.)
regardless of number of units or story height shall be fully
sprinklered, including balcony, patios and porches. Only Single
Family Residencies are exempt from this requirement.
(I)
(m)
Section 903.2.10 is hereby amended to read as follows:
903.2.10 Group S. All storage facilities (S-1/S-2) with a floor area of 5,000
square feet or more shall be fully sprinklered, regardless of the
fire area and aggregate floor area.
Section 907.2.11 is hereby amended to read as follows:
907.2.11 Special Amusement Buildings. All Assembly Buildings with
occupancy of 300 or more shall be required to install an
Emergency Voice Alarm Evacuation (Evac) System. Installations
shall be in accordance with NFPA-72.
(n) Section 907.2.11.1 is hereby amended to read as follows:
4
ORDINANCE NO. 1209
907.2.11.1 Alarm System. Where required, alarm systems shall be
installed per NFPA-72 standards and monitored by off premise
central station. Systems shall also have occupant notification
throughout the building.
(o) Section 1005.1 is hereby amended to read as follows:
1005.1 Exit Access Doorways Required. All Business/Mercantile
occupant type with more than 50ft travel distance to exit doorway
shall be equipped with two means of egress that are remotely
separated (not on same plane) with the door swinging in the
direction of egress.
(p)
Section 1505.6 is hereby amended to read as follows:
1505.6 Wood Shingles and Shakes. No wood shingles or shakes shall
be used in the construction of any structure. All plans shall
indicate the roofing materials to be used. Additionally,
composition shingles shall not be secured with staples.
(q) Section 1507.8 is hereby deleted in its entirety.
(r) Section 1507.9 is hereby deleted in its entirety.
(s) Sections 1612.4 is hereby amended to read as follows:
1612.4 Flood Hazard Areas. The Flood Insurance Study for the City of
Pearland, Texas, as amended or revised, with accompanying
Flood Insurance Rate Map (FIRM) and Flood Boundary and
Floodway Map (FBFM), including related supporting data and
revisions thereto, is hereby adopted by reference and declared to
be a part of this section.
(t) Sections 1805.1 is hereby amended to read as follows:
1805.1 Footing and Foundations. All structural members (footing &
foundations) for commercial structures shall be approved by a
registered professional engineer. Plans shall be submitted with
original wet seals applied and signed.
(u) Sections 2308.9.1 is hereby amended to add the following to the end of
said section:
2308.9.1 Size, height and spacing.
5
ORDINANCE NO. 1209
Two inch by four inch (2"x4") studs shall be spaced a maximum
of sixteen inches (16") apart on center, and two inch by six inch
(2"x6") studs shall be spaced a maximum of twenty-four inch
(24") apart on center O.C.
(v) Sections 3410.2 is hereby amended to read as follows:
3410.2 Applicability. Structures existing prior to the effective
date hereof, in which there is work involving additions, alterations
(50% of size or market value), or changes of occupancy (after 6-
month vacancy), shall be made to conform to the requirements of
this section or the provisions of Sections 3402 through 3406 for
Additions, Alterations or Repairs."
Section 3. That Article III, Mechanical Code, of Chapter 7, Building, of
the City of Pearland Code of Ordinances, is hereby amended to AMEND Section
7-51, entitled Adoption of Regulations; Conflicting Provisions, to read as follows:
"10-51. Mechanical code adopted.
The International Mechanical Code, 2003 Edition, as published by the
International Code Council, Inc., along with its appendix is hereby adopted by
reference and made part of this chapter. In the event of conflict between the
International Mechanical Code and the State Energy Conservation Code, the
latter shall govern. A true and correct copy of this code shall be on file in the
office of the city secretary."
Section 4. That Article III, Mechanical Code, of Chapter 7, Building, of
the City of Pearland Code of Ordinances, is hereby amended to AMEND Section
7-51.1, entitled Amendments; Modifications; Additions; Deletions, to read as
follows:
"7-51.1. Local amendments.
The mechanical code adopted in section 7-51 is modified in the following
respects:
(a) Section 101.1 is hereby amended to read as follows:
6
ORDINANCE NO. 1209
101.1 Title. These regulations shall be known as the Mechanical Code
of the City of Pearland, Texas, hereinafter sometimes referred to
as "this code."
(b) Section 106.5.2 is hereby amended to read as follows:
106.5.2 Fees. The fees for permits required hereunder shall, from time
to time, be established by the city council, and a fee schedule
shall be kept in the office of the city secretary.
(c) Section 106.5.3 is hereby added to read as follows:
106.5.3 Refunds. The Building Official shall authorize the refunding of
fees where any fee paid hereunder was erroneously paid or
collected.
(d) Section 108.4 is hereby amended to read as follows:
108.4 Violations. Any person, firm or corporation who shall violate or
fail to comply with the requirements or provisions of any section
or subdivision of the mechanical code adopted by this article
shall be deemed guilty of a misdemeanor and shall, upon
conviction by a court of competent jurisdiction, shall be fined not
less than one hundred dollars ($100.00) nor more than five
hundred dollars ($500.00) for each offense, and each and every
day that such violation continues shall constitute a separate
offense.
(e) Section 109.2 is hereby amended to read as follows:
109.2 Board of Appeal: The Building/Fire Code Board of Adjustment
and Appeals as established by the city council shall also serve
as the mechanical board of appeals for this code.
(f)
Section 202 is hereby amended to add the following to the end of said
section:
202 Definitions.
Whenever the terms "local governing body" or "chief appointing
authority" or "administrative authority" or "appropriate authority of
the jurisdiction" are used in this code, they shall be construed to
mean the City Council of the City of Pearland, Texas.
7
ORDINANCE NO. 1209
(g)
Whenever the term "department of law" is used in this code, it
shall be construed to mean the office of the City Attorney of the
City of Pearland, Texas.
Whenever the term "mechanical official" is used in this code, it
shall mean the city building inspector or his duly authorized
deputy or assistants or any officer of the city designated by the
city council having the duty to enforce the mechanical regulations
of the city.
Section 606.1 is hereby amended to read as follows:
606.1 Controls Required. All mechanical systems with over 2000 cubic
feet per minute (cfm) capacity shall be equipped with smoke/duct
detectors on the supply side of the system, and all mechanical
systems with capacity over 15,000 cfm shall be equipped with
smoke/duct detectors on both supply and return sides of the
system to eliminate smoke travel. If the required control is
connected to building alarm system, activation shall trigger a
general alarm.
Section 5. Savings. All rights and remedies which have accrued in
favor of the City under this Ordinance and amendments thereto shall be and are
preserved for the benefit of the City.
Section 6. Severability. If any section, subsection, sentence, clause,
phrase or portion of this Ordinance is for any reason held invalid, unconstitutional
or otherwise unenforceable by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct, and independent provision and such
holding shall not affect the validity of the remaining portions thereof.
Section 7. Repealer. All ordinances and parts of ordinances in conflict
herewith are hereby repealed but only to the extent of such conflict.
Section 8. Codification. It is the intent of the City Council of the City of
Pearland, Texas, that the provisions of this Ordinance shall be codified in the
City's official Code of Ordinances as provided hereinabove.
8
ORDINANCE NO. 1209
Section 9. Effective Date. The City Secretary shall cause this Ordinance, or its
caption and penalty, to be published in the official newspaper of the City of Pearland, upon
passage of such Ordinance. The Ordinance shall then become effective on June 1, 2005.
PASSED and APPROVED ON FIRST READING this the 28th day of March ,
A. D., 2005.
TOM REID
MAYOR
NG • ' FINS,
Y S "' ETARY
PASSED and APPROVED ON the SECOND AND FINAL READING this the 28th
day of March , A. D., 2005.
TTEST:
UN •�G
ITY CRETARY
APPROVED AS TO FORM
DARRIN M. COKER
CITY ATTORNEY
9
TOM REID
MAYOR
VOTING RECORD SECOND AND FINAL READING
March 28, 2005
Voting "Aye" - Councilmembers Cole, Marcott, Viktorin,
Owens, and Tetens.
Voting "No" - None.
Motion passes 5 to 0.
PUBLICATION DATE:
EFFECTIVE DATE:
April 20, 2005
April 29, 2005
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
3-
State of Texas
Brazoria and Harris Counties
Ord- OM
I, Randy Emmons, hereby certify that the notice hereby appended was published
er.
in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general.
circulation in Brazoria, Harris & Galveston Counties, for % issues, as follows:
No {Date 7 " „ ° • 20 OS -
No. • Date 20
No. Date 20
No. Date 20
No. Date 20
Spbscribe and sworn to before me this
20 0.S
.....-, & •S 4 4 4 .':...:...:... S........ .
•
•
LAURA ANN EMMONS
Notary Public, State of Texas
CommiSslon Expires 09-09-2006
day.of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
ublished April e0, 002 TO,
ORDINANCE NO.1209 r
AN ORDINANCE OF THE'
CITY COUNCIL OF THE
CITY OF.PEARLAND,
TEXAS, I AMENDING;
CHAPTERt7,. BUILDING,'
DF THE CITY' OF!
'EARLAND CODE OF:
ORDINANCES, AS'IT MAY
HAVE BEEN, FROM TIME '
TO TIME, AMENDED; TO
AMEND SECTION 7-13,
ENTITLED ADOPTED;
BECTION'7-13.1, ENTI-
TLED AMENDMENTS;
MODIFICATIONS; ADDI-
TIONS; DELETIONS; SEC-
TION 7-51, ENTITLED
ADOPTION OF REGULA- i
TIONS; CONFLICTING
PROVISIONS, AND SEC- '
TION 7-51.1, ENTITLED
AMENDMENTS; MODIFI-
CATIONS; ADDITIONS; '
DELETIONS, HAVING A
SAVINGS CLAUSE, A
SEVERABILITY CLAUSE,
AND A'. REPEALER
CLAUSE; AND PROVID-
ING FOR CODIFICATION
AND AN EFFECTIVE •
DATE.
10-49. Penalty for viola- '
'tion.
Violations. Any person, firm j
or corporation who shall vio-
Iate-or fail to comply with
the requirements or. provi-
sions of any section or sub-
division -of the mechanical 1
code;adopted by this article
shall be deemed guilty of a
misdemeanor and shall,
upon conviction by a court
of competent jurisdiction,
shall be fined not 'less than
one hundred ' dollars!
($100.00) nor more than
' five hundred , dollars;
u ($500.00) for each offense,
• and each and every day•
r that such violation continues
,shall constitute a separate;
offense.
PASSED and APPROVED,
ON FIRST READING this
the 28th day of March, '
A.D., 2005.
/s/Tom Reid
Mayor
ATTEST:
/s/ Young Lorfing, TRMC
City Secretary
'PASSED and APPROVED '
on the SECOND and FINAL
READING this the 28th day
;of March, A.D., 2005.
1 1
/s/ Tom Reid
"Mayor,
(ATTEST:
C/s/ Young Lorfing, TRMC
(City Secretary
APPROVED AS TO FORM:
/s/ Darrin M. Coker
City Attorney - - -
•
• --VOTING RECORD SEC-
OND AND FINAL READING
March 28.2005
Voting "Aye" • Councilmem-
bers
Cole, Marcott, Viktorin,
Owens and Tetens. .
Voting "No None.
Motion passes 5 to 0.
1
PUBLICATION DATE:
April 20, 2005
EFFECTIVE DATE:
April 29, 2005
"PUBLISHED AS RE-
QUIRED BY SECTION 3.10
OF THE CHARTER OFI
THE CITY OF PEARLAND, i
TEXAS.