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Ord. 0224-07 06-23-86ORDINANCE NO. 224-7 AN. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING THE CITY CODE OF ORDINANCES BY ADOPTING THE SOUTHERN STANDARD BUILDING CODE, 1985 EDITION, WITH. REVISIONS, AND FURTHER MAKING AMENDMENTS, MODIFICATIONS AND ADDITIONS THERETO; PROVIDING A -PENALTY; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That Section 7-13 of the Code of Ordinances of the City of Pearland, Texas shall be and is hereby amended and shall hereafter read as follows: "Sec. 7-13. Adopted. For the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, including penalties, there is hereby adopted and incorporated herein by reference as the building code of the city that certain building code known as Standard Building Code, 1985 Edition, with revisions, recommended and published by the Southern. Code Congress International, Inc., 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." Section 2. That Section 7-13.1 of the Code of Ordinances of the City of Pearland, Texas shall be and is hereby amended and shall hereafter read as follows: "Sec. 7-13.1. Amendments, modifications, additions, deletions. The building code adopted in Section 7-13 is modified in the following respects: (a) 403.1.4. Chapter IV, Section 403, Subsection 403.1.4 of the Standard Building Code, 1985 Edition, with revisions, shall be and the same is hereby expressly amended to read as follows: 403.1.4 Unless otherwise specifically prescribed in 403.1, the separation of mixed occupancies shall provide not less than 2-hour fire resistance (existing separations need not be modified to meet this requirement), except that portions of buildings used as accessory offices or for customary nonhazardous uses necessary for transacting the principal business in Group S and Group F occupancies may be separated by partitions of noncombustible construction without fire resistance or by partitions constructed of materials as permitted in the type of construction used. 1 (b) 403.2. Chapter IV, Section 403, Subsection 403.2 of the Standard Building Code, 1985 Edition, with revisions, shall be and the same is hereby expressly amended to read as follows: 403.2 - Tenant Separation In a building or portion of a building of a single occupancy classification, when enclosed spaces are provided for separate tenants, such spaces shall be separated by not less than 2-hour fire resistance. (c) Chapter VII, Section 702, Subsection 702.3.3 of the Standard Building code, 1985 Edition, with revisions, shall be and the same is hereby expressly amended to read as follows: 702.3.3 Group R-Residential. In all newly constructed buildings, except in one and two family dwellings, all partitions along exit access corridors or partitions that separate apartments, dormitory rooms or hotel rooms from other occupancies, shall be of not less than 2-hour fire resistance construction (in buildings constructed prior to the enactment of this Ordinance not less than 1-hour fire resistance construction shall be sufficient). Partitions not fire rated may be permitted within individual dwelling units. The tenant separation in a two family or multi -family dwelling shall comply with 403.2 hereof. (d) Chapter XVII, Section 1707, Subsection 1707.1 of the Standard Building Code, 1985 Edition, with revisions, shall be and the same is hereby expressly amended by amending the table therein set forth, in pertinent part, as follows: . . . Studs following: shall be spaced not more than the Stud size 2 x 4 Supporting roof and ceiling only 16" Supporting 1 floor, roof and ceiling 16" Supporting 2 floors, roof and ceiling -- (Remainder of table unaffected.) (e) Chapter XVII, Section 1707, Subsection 1707.5.2 of the Standard Building Code, 1985 Edition, with revisions, shall be and the same is hereby expressly amended by amending the table therein set forth, in pertinent part, as follows: Studs shall be spaced not more than the following: Stud 2 x 4 Supporting roof and ceiling only 16" Supporting 1 floor, roof and ceiling 16" Supporting 2 floors, roof and ceiling (Remainder of table unaffected.) (f) Appendix K is hereby deleted in its entirety, and the City Council shall from time to time establish fees and a fee schedule shall be kept on file in the office of the city secretary." Section 3. Any person, firm or corporation who shall violate or fail to comply with the requirements and provisions of the 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 City Code of Ordinances. 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 portion 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 and parts of Ordinances in conflict herewith are repealed, but only to the extend of the 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 provided hereinabove. 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 the passage of such Ordinance. This 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 READING this the 7 day of , A. D., 1986. ATTEST: City Secretary Mayor 3 PASSED AND APPROVED ON SECOND AND FINAL READING this the day of Mayor ATTEST: City Stkv ecretary APPROVED AS TO FORM: VOTING RECORD (FIRST READING) JUNE 9, 1986 Voting "Aye" - Councilmember Roberts, Councilmember Tetens, Councilmember Bost, and Councilmember Mack Voting "No" - None VOTING RECORD (SECOND READING) JUNE 23, 1986 Voting "Aye" - Councilmember Mack, Councilmember Bost, Councilmember Frauenberger, Councilmember Tetens, and Councilmember Roberts Voting "No" - None PUBLICATION DATE: June 27, 1986 EFFECTIVE DATE: July 07, 1986 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS.