Ord. 0224-13 07-26-99ORDINANCE NO. 224-13
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING CHAPTER 7, BUILDING, OF THE CITY OF
PEARLAND CODE OF ORDINANCES (ORDINANCE NO. 224), AS IT MAY
HAVE BEEN, FROM TIME TO TIME, AMENDED, TO DELETE
SECTION 7-13.1 IN ITS ENTIRETY, IN ORDER TO HARMONIZE THE
CITY'S BUILDING CODE WITH NATIONAL STANDARDS; CONTAINING
A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER
CLAUSE; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That Chapter 7-13.1, Amendments; Modifications; Additions; Deletions,
of the City of Pearland Code of Ordinances, is hereby deleted in its entirety.
Section 2. 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 3. 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 4. Repealer. All ordinances and parts of ordinances in conflict herewith
are hereby repealed but only to the extent of such conflict.
Section 5. 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.
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ORDINANCE NO. 224-13
Section 6. Effective Date. The Ordinance shall become effective immediately
upon passage and approval of its second reading.
PASSED and APPROVED ON FIRST READING this the d day of
LAA1 , A. D., 1999.
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TOM REID
MAYOR
ATTEST:
PASSED and APPROVED ON SECOND AND FINAL READING this the .(941'‘
day of , A. D., 1999.
TOM REID
MAYOR
ORDINANCE NO. 224-13
APPROVED AS TO FORM:
�viL- M.Ck
DARRIN M. COKER
CITY ATTORNEY
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City of Pearland
FIRE MARSHAL'S OFFICE
3519 Liberty Drive • Pearland, Texas 77581-5416 • (281) 485-2411
MEMORANDUM
TO: Darrin Coker
FROM: Larry Steed & Gene Tumlinson
DATE: 6/10/99
RE: agenda item to amend ordinance (Building Code, Article II, Sec. 7-13.1,
(a) & (b), Amendments; modifications; additions; deletions, and Sec. 7-14, Conflicts.
As you recall, council amended Section 7-13.1 within the past year through Gene and I at
the request of the Building Code Board of Adjustments and Appeals. You may remember
that the board was tiring of continued requests by contractors for variances because this
section is stricter than our adopted code (SBCCI) and those of other cities, (BOCA &
UNIFORM codes).
Even with the last amendment, we are experiencing a great deal of controversy due to the
two-hour firewall tenant separation requirement, and square footage allowed before fire
separation walls are required in a type "S" (storage facility) occupancy. The 3000 sq. ft.
separation conflicts with the 6000 sq. ft. separation in the codes.
The Uniform, SBCCI, and BOCA codes (all nationally recognized code boards), which
are recognized and known by all engineering and architectural firms nationwide specify
to the letter these particular requirements. Research by myself and Don Guynes never
gave reason, good, bad or indifferent for this amendment in the first place.
Additionally, items (c) through (k) under Sec. 7-13.1 are conflicts as they no longer
correspond with the chapter and table numbers of the adopted "97 Building Code".
Gene and I both agree and request that all items under Sec. 7-13.1, and Sec. 7-14 (there
will be nothing to be in conflict with) should be deleted entirely from this article due to
the abundance of problems and the conflict with the code, these sections are causing. We
are well satisfied that the adopted code addresses fire protection requirements in the form
that it is written and that the city needs no additional ordinance requirements above and
beyond the code.
2.
We request this item be put on the agenda and dealt with as quickly as possible due to the
fact that two new (large square footage) mini -storage facilities have submitted plans that
are in conflict with the ordinance.
All cooperation regarding this matter is sincerely appreciated.
Gene Tumlinson, Chief Building Official