Ord. 1209-2010 - 2010-03-22 - Supp 5ORDINANCE NO. 1209-2010
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 BUILDING CODE ADOPTED;
SECTION 7-13.1, ENTITLED LOCAL AMENDMENTS, SECTION
7-26, ENTITLED SWIMMING POOL CODE —ADOPTED;
CONFLICTING PROVISIONS, SECTION 7-26.1, ENTITLED
SAME —AMENDMENTS, MODIFICATIONS, ADDITIONS,
DELETIONS, SECTION 7-51, ENTITLED MECHANICAL CODE
ADOPTED, AND SECTION 7-51.1, ENTITLED LOCAL
AMENDMENTS, AND TO ADD ARTICLE II 3/4, TO BE ENTITLED
EXISTING BUILDING CODE; 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 Building Code Adopted, to read as follows:
"7-13. Commercial building code adopted.
The International Building Code, 2006 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 Local Amendments, 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. 1209-2010
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"
Chapter 41 (2006 IRC) and Appendix G (2006 IRC),
"Swimming Pools and Spas"
(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 2005) 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 2006 ICC
International Property Maintenance Code along with Life Safety
Code 2006 shall apply as the standard guide for repairs,
alterations, renovations and maintenance of all commercial and
residential buildings and appurtenances.
(e) Section 105.2 is hereby amended to read as follows:
105.2 Work exempt from permit.
maintenance work costing
($300), unless inspection is r
The following entities shall
inspections:
U.S. Government
Federal agencies
Permits shall not be required for
less than three hundred dollars
equired.
be exempt from permit fees and
2
ORDINANCE NO. 1209-2010
Federal independent contractors
State of Texas
Brazoria County
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
3
ORDINANCE NO. 1209-2010
shall be four times the permit fee. This fee shall be in addition to
the required permit fees.
(i) Section 110.1 is hereby amended to add the following to the end of said
section:
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.
(j) 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:
(I)
(m)
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.
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
4
ORDINANCE NO. 1209-2010
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:
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:
(p)
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.
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) Section 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) Section 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.
5
ORDINANCE NO. 1209-2010
(u) Section 2308.9.1 is hereby amended to add the following to the end of
said section:
2308.9.1 Size, height and spacing.
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) Section 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 II '/2, Swimming Pools, of Chapter 7, Building, of
the City of Pearland Code of Ordinances, is hereby amended to AMEND Section
7-26, entitled Swimming Pool Code —Adopted; Conflicting Provisions, to read as
fol lows:
"Sec. 7-26. Swimming pool code adopted.
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 standards set forth, within
the corporate limits of the city there is hereby adopted and incorporated herein by
reference as the swimming pool code of the city that certain swimming pool code
known as the 2006 ICC International Residential Code Chapter 41 and Appendix
G. 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. Buildings in which a pool is housed, whether partially or
completely, shall utilize moisture removal methods per the 2006 ICC Building and
2006 ICC Mechanical Codes."
6
ORDINANCE NO. 1209-2010
Section 4. That Article II 1/2, Swimming Pools, of Chapter 7, Building, of
the City of Pearland Code of Ordinances, is hereby amended to AMEND Section
7-26.1, entitled Same —Amendments, Modifications, Additions, Deletions, to read
as follows:
"Sec. 7-26.1. Local Amendments.
The swimming pool code adopted in section 7-26 hereof is hereby modified in the
following respects:
(a) Penalties. Wherever in such code a penalty is provided for the violation or
failure to comply with the provisions thereof, such penalty shall be expressly
deleted from the code, and the penalty for violation or failure to comply with such
provisions shall be as otherwise provided in section 1-11 herein.
(b) Schedule of permit fees. As shown in the most recent Fee Schedule
adopted by the city council.
(c) Board of adjustments and appeals. The building code board of adjustments
and appeals shall have 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 5. 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 Mechanical Code Adopted, to read as follows:
"7-51. Mechanical code adopted.
The International Mechanical Code, 2006 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 6. 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 Local Amendments, to read as follows:
7
ORDINANCE NO. 1209-2010
"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:
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.
8
ORDINANCE NO. 1209-2010
(g)
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.
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.
(h) Section 1107 is hereby amended to read as follows:
1107 In two inch by four inch (2"X4") exterior wall framing the
insulation value for the HVAC linesets entering the vertical wall
from the horizontal attic or floor space may be reduced in
insulation value and nominal diameter to ensure the structural
integrity and continuity of the top plates without overcutting or
over -notching the top plates."
Section 7. That Article II 3/4, Existing Building Code, of Chapter 7,
Building, of the City of Pearland Code of Ordinances, is hereby ADDED, to read
as follows:
"ARTICLE II 3/4. EXISTING BUILDING CODE
10-31. Existing building code adopted.
9
ORDINANCE NO. 1209-2010
The International Existing Building Code, 2006 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. This Code shall apply to the remodeling, enlargement, and/or repair of
an existing building."
Section 8. 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 9. 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 10. Repealer. All ordinances and parts of ordinances in
conflict herewith are hereby repealed but only to the extent of such conflict.
Section 11. 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 12. 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 August 1, 2010.
10
ORDINANCE NO. 1209-2010
PASSED and APPROVED on FIRST READING this the 22nd day of
March, A.D., 2010.
ATTEST:
ORFING
RETARY
TOM REID
MAYOR
PASSED and APPROVED on SECOND and FINAL READING this the
12th day of April, A.D., 2010.
ATTEST:
OR IN
TY SECRETARY
APPROVED AS TO FORM:
TOM REID
MAYOR
VOTING RECORD SECOND AND FINAL READING
_A%• APRIL 12, 2010
ram=
: Voting "Aye" - Councilmembers Owens, Sherman, Kyle,
Saboe, and Cole.
Voting "No" — None.
Motion passed 5 to 0.
PUBLICATION DATE: April 14, 2010
�y ,, EFFECTIVE DATE: August 1, 2010
DARRINTVI. COKER
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
CITY ATTORNEY THE CHARTER OF THE CITY OF PEARLAND, TEXAS
11
AFFIDAVIT OF PUBLICATION
Reporter News
The Pearland R
2404 South Park
Pearla.nd, 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
and Galveston Counties, for / Harris
issues, as follows:
No / Date - 20 12.
No. Date 20
No. Date 20
No. Date 20
No. Date
20
Subscribe and sworn to before me this
104-Ked,.)
day of
CFO
Notary Public, State of Tex ij
\Ay Commission Expires 09-!'-�10
Laura Ann Emmons, Publisher
Notary Public, .State of Texas
3(At r:nce
.01C
14 REPORTER NEWj
LEGALS
Published April 14, 2010
ORDINANCE
NO.1209.2010
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, AMEND-1
ED, TO AMEND SEC
TION 7-13, ENTITLED'
BUILDING CODE ADO -I
PTED; SECTION 7-13.1,;
ENTITLED LOCAL,
AMENDMENTS, SEC
TION 7-26, ENTITLED'
SWIMMING POOL CODE:
- ADOPTED; CONFLICT-'
ING PROVISIONS, SEC-
TION 7-26.1, ENTITLED'1
SAME —AMENDMENTS,
MODIFICATIONS, ADDI-,
TIONS, DELETIONS,
SECTION 7-51, ENTI-
TLED MECHANICAL;
CODE ADOPTED, AND
SECTION 7-51.1, ENTI-
TLED LOCAL AMEND
MENTS, AND TO ADD.'
ARTICLE II 3/4, TO BE
ENTITLED EXISTING
BUILDING CODE; HAV-
ING A SAVINGS CLAU-
• SE, A SEVERABILITY '
CLAUSE, AND A
REPEALER CLAUSE;'
AND PROVIDING FOR
CODIFICATION AND AN
EFFECTIVE DATE.
108.4 Violations.. —
Any person, firm or corps- l
ration who shall violate or 1
fail- to comply with the
requirements or provi-
sions ,of any section or
subdivision of the
mechanical code adopted,
by this article shall be;
deemed guilty of a misde
meanor and shall, upon;
conviction by a court of.
competent jurisdiction;i
shall be fined not less than'
one hundred dollars
($100.00) nor more than
five hundred dollarsl
($500.00) for each
offense, and each and
every day that such viola-
tion continues shall consti-4
tute a separate offense.
PASSED and APP.,'
ROVED on FIRST READ
ING this the 22nd day of
MHrcti, 0 201O.
PASSED and APP-
ROVED on SECOND and I
FINAL READING this the I
12th day of April, A.D.,?
2010.
/s/ TOM REID
MAYOR
ATTEST:
/e/ Young Lorting, TRMC
City Secretary
APPROVED AS TO
FORM:
/s/ Darrin M. Coker
City Attorney '
VOTING RECORD
SECOND AND FINAL
READING
APRIL 12, 2010
Voting "Aye" -
Councilmembers Owens,
Sherman, Kyle, Saboe, ,
and Cole.
Voting "No" — None.
Motion passed 5 to 0.
PUBLICATION DATE:
April 14, 2010
EFFECTIVE DATE:
August 1, 2010
PUBLISHED AS
REQUIRED BY SECTION
3.10 OF.THE CHARTER
OF THE CITY OF
PEARLAND, TEXAS