Ord. 1296 2006-09-11 * Codify 2012-10-09ORDINANCE NO. 1296
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 DELETE
ARTICLE II 3/4, ENTITLED STANDARD HOUSING CODE, IN ITS
ENTIRETY; TO AMEND SECTION 7-81, ENTITLED ADOPTED;
TO ADOPT A NEW SECTION 7-81.1, TO BE ENTITLED LOCAL
AMENDMENTS; AND TO ADOPT A NEW SECTION 7-82, TO BE
ENTITLED ENERGY CODE ADOPTED, 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 3/4, Standard Housing Code, of Chapter 7,
Building, of the City of Pearland Code of Ordinances, is hereby DELETED in its
entirety.
Section 2. That Article VII, Residential and Energy Codes, of Chapter 7,
Building, of the City of Pearland Code of Ordinances, is hereby amended to
AMEND Section 7-81, entitled Adopted, to read as follows:
"7-81. Residential code adopted.
The International Residential 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 3. That Article VII, Residential and Energy Codes, of Chapter 7,
Building, of the City of Pearland Code of Ordinances, is hereby amended to ADD
Section 7-81.1, to be entitled Local Amendments, to read as follows:
"7-81.1. Local amendments.
ORDINANCE NO. 1296
The residential code adopted in section 7-81 is modified in the following respects:
(a) Section R101.1 is hereby amended to read as follows:
R101.1 Title. These regulations shall be known as the Residential Code
Of the city of Pearland, Texas, hereinafter sometimes referred to
as "this code."
(b) Section R104.10.1 is hereby amended to read as follows:
R104.10.1 Areas Prone to Flooding. 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.
(c) Section R105.2 is hereby amended to read as follows:
R105.2 Work exempt from permit. Permits shall not be required for
maintenance work costing less than three hundred dollars
($300), unless inspection is required.
(d) Section R905.7 is hereby amended to read as follows:
R905.7 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.
(e) Section R110.1 is hereby amended to add the following to the end of said
section:
(f)
R110.1 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 R112.3 is hereby amended to read as follows:
2
ORDINANCE NO. 1296
(g)
R112.3 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.
Section R113.4 is hereby amended to read as follows:
R113.4 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.
(h) Section R301.2 is hereby amended to read as follows:
R301.2 Appendices. The provisions contained in the appendices
referenced and listed below are hereby made part of the
adopting ordinance:
Appendix A, Sizing and Capacities of Gas
Appendix B, Sizing of Venting Systems
Appendix E, Manufactured Housing Used as Dwelling
Appendix H, Patio Covers
Appendix J, Existing Buildings and Structures
Section 4. That Article VII, Residential and Energy Codes, of Chapter 7,
Building, of the City of Pearland Code of Ordinances, is hereby amended to ADD
Section 7-82, to be entitled Energy Code Adopted, to read as follows:
"7-82. Energy code adopted.
The International Energy Conservation 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."
3
ORDINANCE NO. 1296
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.
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 ten (10) days after publication.
PASSED and APPROVED on FIRST READING this the 5th day of September,
A.D., 2006.
TOM REID
MAYOR
4
ORDINANCE NO. 1296
ATTEST:
PASSED and APPROVED on SECOND and FINAL READING this the
11th day of September, A.D., 2006.
,,,,„, ,)2,
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
5
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended waspublished
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
and Galveston Counties, for / issues, as follows:
No 1. Date ` ' 20 q_
No Date 20
No Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
20._ge
LAURA ANN EMMONS
. . Notary Public, State of Texas
My Commission Expires 09-09-2010
•
CFO
day of _A
Laura Ann Emmons, Publisher
Notary Public, State of Texas
orti► nail re II0
Published Sept. 13, 2006
ORDINANCE NO. 1296
AN ORDINANCE OF THE
CITY COUNCIL OF THE
CITY OF PEARLAND,
f - I
TEXAS, AMENDING
CHAPTER 7, BUILDING,
OF THE CITY OF
PEARLAND CODE OF
ORDINANCES, AS IT MAY
HAVE BEEN, FROM TIME
TO TIME, AMENDED, TO
DELETE ARTICLE II 3/4,
ENTITLED STANDARD
HOUSING CODE, IN ITS
ENTIRETY; TO AMEND
SECTION 7-81, ENTITLED
ADOPTED; TO ADOPT A
NEW SECTION 7-81.1, TO
BE ENTITLED LOCAL
AMENDMENTS; AND TO
ADOPT A NEW SECTION
7-82, TO BE ENTITLED
ENERGY CODE ADOPT-
ED, HAVING A SAVINGS
CLAUSE, A SEVERABILI-
TY CLAUSE, AND A
REPEALER CLAUSE; AND
PROVID-ING FOR CODIFI-
CATION -AND AN EFFEC-
TIVE DATE.
BE IT ORDAINED BY THE
CITY COUNCIL OF THE
CITY OF PEARLAND,
TEXAS:
PASSED and APPROVED
on FIRST READING this the
5th day of September, A.D.,
2006.
PASSED and APPROVED
on SECOND and FINAL
READING this the 11th dey
of September, A.D., 2006.
/s/ Torn Reid
Mayor
ATTEST:
Young Lorfing, TRMC
City Secretary
APPROVED AS TO FORM:
Darrin M. Coker
City Attorney
VOTING RECORD SEC-
OND AND ANAL READING
SEPTEMBER 11, 2006
Voting "Aye" -
Councilmembers Saboe,
Beckman, Tetens, Kyle, and
Cole.
Voting "No" — None.
Motion passed 5 to 0.
PUBLICATION DATE:
September 13, 2006
EFFECTIVE DATE:
September 22, 2006
PUBLISHED AS
REQUIRED BY SECTION
3.10 0r THE CHARTER OF
THE CITY OF PEARLAND.
TEXAS