Ord. 0520 08-11-86ORDINANCE NO. 520
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, CREATING A NEW SECTION 7-26 AND 7-26.1 OF THE CITY
CODE OF ORDINANCES, BY ADOPTING THE SOUTHERN STANDARD
SWIMMING POOL CODE, 1985 EDITION, AND MAKING CERTAIN
AMENDMENTS, MODIFICATIONS, ADDITIONS AND DELETIONS THERE-
TO; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS
CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR CODIFICA-
TION, PUBLICATION AND AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That there is hereby created a new Section 7-26 of
the Code of Ordinances of the City of Pearland, Texas which shall
hereafter read as follows:
"Sec. 7-26. Adoption of regulations; conflicting provisions.
For the purpose of prescribing minimum standards for the design,
construction or installation, repair or alterations of swimming
pools, public or private, and equipment related thereto; and
requiring a permit and
inspection therefor; and providing the
administration and enforcement of the
the corporate limits of the City of
hereby adopted
standards set forth, within
Pearland, Texas, there is
and incorporated herein by reference as the swimming
pool code of the City that certain swimming pool code known as the
Standard Swimming Pool Code, 1985 Edition, with revisions,
recommended and published by the Southern Standard Building Code
Congress International, which code is published in book form and
which is referred to, incorporated herein and made a part hereof
for all purposes, a true and correct copy of which code is filed of
record in the office of the City Secretary.
Provided, however, that in the event any conflict may arise between
any provision of the swimming pool code adopted by this article and
any other applicable provisions of state law or City Ordinance,
rule or regulation, the provisions of this Code of Ordinances,
state law, or city rules and regulations shall be controlling."
Section 2. That there is hereby created a new Section 7-26.1 of
the Code of Ordinances of the City of Pearland, Texas, which shall
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hereafter read as follows:
"Sec. 7-26.1. Amendments, modifications, additions, deletions.
The swimming pool code adopted in section 7-26 hereof is hereby
modified in the following respects:
(a) Penalties.
Wherever in said code a penalty is provided for the violation
or failure to comply with the provisions thereof, such penalty
shall be expressly deleted from said code, and the penalty for
violation or failure to comply with such provisions shall be
as otherwise provided in the City Code of Ordinances.
(b) Schedule of Permit Fees.
Subsection 105.6 (Schedule of Permit Fees) of Chapter 1 of the
Standard Swimming Pool Code, 1985 Edition, with revisions, is
hereby expressly deleted in its entirety, and the City Council
shall, from time to time, establish fees hereunder, and a fee
schedule shall be kept in the office of the City Secretary.
(c) Board of Adjustments and Appeals. shall have
The Building Code Board of Adjustments and Appeals
the authority to provide for the final interpretation of the
provisions of this Code and the application of such provisions
to persons and property."
Section 3. Any person, firm or corporation who shall violate or
fail to comply with the requirements or provisions of the swimming
pool code herein adopted shall be deemed guilty of a misdemeanor, and
shall, upon conviction by a court of competent jurisdiction, be
punished as provided in Section 1-11 of the Code of Ordinances of the
City.
Section 4. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid,
unconstitutional or otherwise unenforceable by a court of competent
jurisdiction, such part shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity
of the remaining portions thereof.
Section 5. All Ordinances in conflict herewith are hereby
repealed, but only to the extent of such conflict.
Section 6. It is the intent of the City Council of the City of
Pearland, Texas, that the provisions of this Ordinance shall be
codified as herein provided.
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Section 7. The City Secretary shall cause this Ordinance, or
its caption and penalty, to be published in the official newspaper of
the City at least once within ten (10) days after its passage on
second and final reading. This Ordinance shall thereafter 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 READING this the
of 9u-kor
ATTEST:
City cretar y
, A. D., 1986.
Mayor
day
PASSED AND APPROVED ON SECOND AND FINAL READINpthis //
day of /elms , A. D., 1986.
ATTEST:
City Secretary
APPROVED AS TO FORM:
br
A to ney
1m
Mayor
VOTING RECORD (FIRST READING) JULY 28, 1986
Voting "Aye" - Councilmembers Mack, Bost,
Frauenberger and Roberts.
Voting "No" - None.
VOTING RECORD (SECOND READING) AUGUST 11, 198(
Voting "Aye" - Councilmembers Mack, Tetens,
Frauenberger and Roberts.
Voting "No" - None.
PUBLICATION DATE: AUGUST 15, 1986
EFFECTIVE DATE: AUGUST 25, 1986
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS.
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