Ord. 1210-1 2007-08-27ORDINANCE NO. 1210-1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING CHAPTER 23, PLUMBING AND GAS, OF THE
CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN,
FROM TIME TO TIME, AMENDED, TO AMEND SECTION 23-1.1
ENTITLED LOCAL AMENDMENTS, AND TO ADD A NEW SECTION 23-2,
TO BE ENTITLED OFFENSES AND PENALTIES; HAVING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; AND
PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE; AND
DECLARING AN EMERGENCY BECAUSE THE NEED TO REGULATE
THE DISCHARGE OF FAT, OIL AND GREASE INTO THE CITY'S
SANITARY SEWER SYSTEM INURES TO THE BENEFIT OF THE PUBLIC
AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY
AND WELFARE OF THE CITIZENRY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That Article I, Plumbing Code, of Chapter 23, Plumbing and Gas, of
the City of Pearland Code of Ordinances, is hereby amended to AMEND Section 23-1.1,
entitled Local Amendments, to read as follows:
"Sec. 23-1.1 Local amendments.
The plumbing code adopted in section 23-1 is modified in the following respects:
(a) Section 106.6.2 is hereby amended to read as follows:
106.6.2 Fees. The fees for all plumbing work shall from time to time be
established by city council, and a fee schedule shall be kept in the office
of the city secretary.
(b) Section 106.6.3 is hereby added to read as follows:
106.6.3 Refunds. The Building Official shall authorize the refunding of fees where
any fee paid hereunder was erroneously paid or collected.
(c) 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 the plumbing code herein
adopted shall be deemed guilty of a misdemeanor and shall, upon
ORDINANCE NO. 1210-1
Grease trap sizing shall be based on an approved formula such as EPA-2
Model."
Section 2. That Article I, Plumbing Code, of Chapter 23, Plumbing and Gas, of
the City of Pearland Code of Ordinances, is hereby amended to ADD a new Section 23-2,
to be entitled Offenses and Penalties, to read as follows:
"Sec. 23-2 Offenses and penalties.
(a) It shall be unlawful for:
(1) Any generator who is required by this article to obtain a generator permit
or registration certificate to connect or to be connected to the sewer
system, unless that generator has obtained a generator permit or
registration certificate for that connection.
(2) Any generator to violate any provision of this code that applies to
generators.
(3) Any person to violate any condition of a permit or registration certificate
required by this code.
(b) A violation under subsection (a) shall be punishable by a fine not to exceed five
hundred dollars ($500.00), unless it is shown at the trial of said offense that the violation
resulted in the blockage of a sanitary sewer system line, in which case the fine shall be not
less than one thousand dollars ($1000.00) for the first offense, not less than one thousand
five hundred dollars ($1500.00) for the second offense, and not less than two thousand
dollars ($2000.00) for any subsequent offenses. In prosecutions under this section, no
culpable mental state shall be required to be pled or proven by the State, as said
requirement is hereby waived."
Section 3. Declaration of Emergency. The Council finds and determines that
the need to regulate the discharge of fat, oil, and grease into the City's sanitary sewer
system inures to the benefit of the public and, therefore, bears directly upon the health,
safety and welfare of the citizenry; and that this Ordinance shall be adopted as an
emergency measure, and that the rule requiring this Ordinance to be read on two (2)
separate occasions be, and the same is hereby waived.
ORDINANCE NO. 1210-1
conviction by a court of competent jurisdiction, be punished as provided in
Section 1-11 of the Code of Ordinances of the city.
(d) Section 109.2 is hereby amended to read as follows:
109.2 Board of Appeal. The Gas and Plumbing Board of Adjustment and
Appeals as established by City Council shall serve as the Plumbing Board.
(e) Section 305.6.1 is hereby added to read as follows:
(f)
(g)
305.6.1 Building Sewers. All sewer pipes, including those connected to private
sewage disposal systems, shall be buried in trenches that are at least
twelve inches (12") wide by twelve inches (12") deep at all points below
finished grade.
Section 702.2 is hereby added to read as follows:
702.2 Drain Pipes. Building sewer piping shall have a minimum interior diameter
of four inches (4") and conform to one of the standards listed in Table
702.1 — 702.4. Six inch (6") diameter and larger sewer pipes may be SDR
35 or better.
Section 903.1 is hereby added to read as follows:
903.1 Stack Required. Every building shall have installed a main vent that is
either a vent stack or stack vent with a minimum diameter of a three
inches (3"). Such vent shall run undiminished in size and as directly as
possible from the building drain to open air, extending at least six inches
(6") above the roof's lowest elevation.
(h) Section 904.1 is hereby added to read as follows:
(i)
904.1 Roof Extension. All open vent pipes that extend through a roof shall be
terminated at least 6 inches (6") above the roof, except that where a roof
is to be used for any purpose other than weather protection, in which case
the vent extension shall run at least seven feet (7') above the roof.
Section 907.1 is hereby added to read as follows:
907.1 Individual Vent. The minimum size for vent pipes shall be 65% of the
required diameter of the drain it serves or one and a half inches (1.5") in
diameter, whichever is greater, except that vents with a developed length
exceeding forty feet (40') shall be oversized by one pipe size for the entire
length of vent pipe.
ORDINANCE NO. 1210-1
(j) Section 1003.3 is hereby amended to read as follows:
1003.3 Grease traps and interceptors.
The purpose of this section is to protect the citizens and the environment
from the potential hazard that may result from unauthorized waste
releases and to deter illegal introduction of pollutants into the sanitary
sewer system, storm sewers, street rights -of -way and other unauthorized
places.
(a) Generators, herein defined as any commercial, institutional, and
industrial facilities, including, but not limited to, restaurants, cafeterias,
bars, hotels and motels, hospitals, sanitariums, manufacturing facilities,
nursing homes, prisons, private and public schools, car washes, truck
washes or other establishments where fat oil and grease (FOG), grit, silt or
clay may be generated for which an application for a building permit is
submitted, shall be required to design, install, operate and maintain an
interceptor complying with the City of Pearland Plumbing Code and install
a sampling well to allow access for inspection and sampling by the health
officer, plumbing inspector, or utility inspector.
(b) Each interceptor must be operated and maintained in accordance with
this code, and must provide a sample well to allow access for inspection
and sampling by the health officer, plumbing inspector, or utility inspector.
(c) Interceptors shall be operated and maintained in accordance with the
manufacturer's recommendations and this code, including but not limited
to periodic removal of the accumulated waste.
(d) An under -cabinet grease trap shall be acceptable only upon a
determination by the Building Official that the generator, as herein defined,
does not generate a significant volume of grease, and that the grease trap
is adequately sized for the discharge.
(e) Where installed, grease and lint traps shall be cleaned on a regular
basis, which shall be at a minimum of once every ninety (90) days, or as
deemed necessary by the health officer, plumbing inspector, or utility
inspector. Owners shall maintain complete records of all cleanings which
shall be available upon request. The generator is responsible for the
waste until it is properly disposed by a registered transporter.
(f) Where required, grease traps shall be constructed of impervious
materials capable of withstanding abrupt and extreme changes in
temperature. They shall be of substantial construction, leak resistant, and
equipped with easily removable covers, that shall be gas/water tight.
ORDINANCE NO. 1210-1
Section 4. 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 5. 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 6. Repealer. All ordinances and parts of ordinances in conflict herewith
are hereby repealed but only to the extent of such conflict.
Section 7. 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 8. 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
from and after its publication, or the publication of its caption and penalty, in the official City
newspaper.
PASSED and APPROVED on FIRST and ONLY READING this the 27th day of
August, A.D., 2007.
,,,..))-2,,
TOM REID
MAYOR
ORDINANCE NO. 1210-1
ATTEST:
UNG JCJRFI G% R�,�f
ITY SRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
VOTING RECORD FIRST AND ONLY READING
AUGUST 27, 2007
Voting "Aye" - Councilmembers Owens, Beckman, Saboe
Kyle, and Cole.
Voting "No" — None.
Motion passed 5 to 0.
PUBLICATION DATE: August 29, 2007
EFFECTIVE DATE: September 8, 2007
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
• AFFIDAVIT .OF PUBIKATION
The Pearland Reporter News
2404 SouthPark
Pearland, Texas 77581
State of • Texas •
Brazoria and Harris Counties
I,- Lloyd Morrow, hereby certify that the notice hereby appended was published
- in THE. REPORTER NEWS, a newspaper of general circulation in Brazoria; Harris
and Galveston Counties, for •issues, as follows:
No.
• N• o.
No.
• No.
No.
Date
Date
Date
Date
Date
• Subscribe and sworn to before me this
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LAURA AND.; EMMONS
Notary Pubii, State of Texas
My Commission Expires 09-09-2010
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Laura Ann Emmons, Publisher
Notary Public, State of Texas •
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the City of Pearland Code of -
Ordinances, is hereby
Published Aug. 29 and amended to ADD a :new
Sept.5, 2007 . Section 23-2, to be entitled
Offenses and Penalties, to
ORDINANCE NO. 1210-1 read as follows:
1 ' "Sec. 23-2 . Offenses and
AN ORDINANCE OF THE 9 penalties..
CITY COUNCIL OF THE
CITY OF PEARLAND, (a) It shall be
TEXAS, AMENDING unlawful far:
CHAPTER 23, PLUMBING
AND GAS, OF THE CITY (1)Any generator who is
t OF PEARLAND CODE OF required by this article to
ORDINANCES, AS IT MAY obtain a generator permit or
HAVE BEEN, FROM TIME registration certificate to
' TO TIME, AMENDED, TO ' I connect or to be connected
AMEND SECTION 23-1.1 to the sewer system, unless
: ENTITLED LOCAL that generator has obtained
AMENDMENTS, -AND TO a generator permit or regis
I ADD A NEW SECTION 23• i tratiori certificate for that
2, TO BE ENTITLED connection.
OFFENSES AND PENAL-
TIES; HAVING A SAVINGS (2)Any generator to violate
CLAUSE, A SEVERABILI- any provision of this code
TY CLAUSE, AND A that applies to generators.
REPEALER CLAUSE; AND
PROVIDING FOR CODIFI- I (3)Any person to violate any
CATION 'AND AN EFFEC-
TIVE a condition of a permit or reg
DATE; AND DECLAR- istration certificate required
ING AN EMERGENCY by this code.
BECAUSE -THE -NEED TO'
REGULATE THE DIS• (b) A violation
CHARGE OF FAT, OILAND I under subsection (a). shall
I GREASE INTO THE CITY'S ,I be punishable by a fine not
SANITARY SEWER SYS• to exceed five hundred dol-
TEM INURES TO THE lars ($500.00), unless it is
BENEFIT OF THE PUBLIC I shown at the trial of said
AND, THEREFORE, offense that the violation ,
BEARS DIRECTLY UPON resulted in the blockage of a
THE HEALTH, SAFETY , sanitary -sewer -system -line._
AND WELFARE OF THE in which case the fine shall
CITIZENRY. i be not less than one thou-
' sand dollars ($1000.00) for
Section 2. That Article I, the first offense, not less
Plumbing Code, of Chapter ; than one thousand five hun-
23, Plumbing and Gas, of j dred dollars ($1500.00) for
f the second offense, and not
less than two thousand dol-
lars ($2000.00) for any sub-
sequent offenses. In prose-
cutions under this section,
no culpable mental state
shall be required to be pled
or proven by the State, as
said requirement is hereby
waived."
PASSED and APPROVED -
on FIRST and ONLY READ-
ING
this the 27th day of
August, A.D., 2007.--
ISITOM REID
MAYOR