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Ord. 0224 11-08-71ORDINANCE NO. 24.9 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, TO BE KNOWN AS THE "CITY OF PEARLAND BUILDING CODE"; PROVIDING FOR THE ADOPTION AND INCORPORATION BY REFERENCE OF THE SOUTH- ERN STANDARD BUILDING CODE, 1969 EDITION, WITH 1971 REVI- SIONS OF AMENDMENTS THERETO; CONTAINING OTHER REGULATORY PROVISIONS RELATING TO THE BUILDING CODE; PROVIDING FOR PUBLICATION; PROVIDING A SAVINGS CLAUSE; REPEAL OF ALL ORDINANCES THAT CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUB- JECT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. BUILDING PERMITS (a) Permit Requirements: It shall be unlawful within the Corpo- rate City Limits or extraterritorial jurisdiction of the City of Pearland, Texas, to commence construction or excavation for construction of any building or structure, including accessory buildings, or to commence the erection, reconstruction, conversion, alteration or moving of any build- ing, including accessory buildings, until the Building Inspector has issued a building permit for such work. Except upon written authorization of the City Council no such building permit shall be issued for any build- ing where said construction, reconstruction, conversion, moving, altera- tion or use thereof would be in violation of any provision of this ordi- nance. (b) Plan Requirements: 1. Residential: There shall be submitted with each application for a residential building permit a layout or plot plan, drawn to scale, showing the actual shape and dimension of the lot or tract to be built upon, the exact size and location of existing structures on the lot or tract, if any, and the exact size and location of the buildings or structures to be con- structed, altered, or moved on the lot or tract. There shall also be stated on the application the existing or intended use of each such exist- ing building, if any, and such other information as may be required to• determine compliance with and to provide for the enforcement of this ordi- nance. After review by the Building Inspector, the plans will be marked either approved or disapproved, attested by his signature, and returned to the applicant. If approved, the Building Permit will be issued to the applicant. and Only the lot or tract owner or his certified agent shall make application for a building permit. 2. Commercial and Industrial: There shall be submitted with each application for a Commercial or Industrial building permit two copies of a -layout or plot plan drawn to scale, showing the actual shape and dimensions of the lot or tract to be built upon, the exact size and location on the lot or tract of existing buildings or structures, if any, and the size and location of the buildings or structures to be constructed, altered, or moved. The appli- cant shall state on the application the existing or intended use of each s: building or part of building and such other information with regard to the lot or tract and neighboring properties as may be necessary to determine compliance with and to provide for the enforcement of this ordinance. The applicant will give a complete description of the type of Commercial Busi- ness or Industrial Process to be operated in the permitted structure or building. 2. (a) Verification: No building permit for the construction, excavation for construction of any building or structure, including acces- sory building shall be issued until all plans and specifications have been verified by complaince with all of the following: (1) That all waste effluent discharges will meet or exceed water quality standards as promulgated and adopted by the Texas Water Quality Board (Source: Article 7621d-1 Subchapter E). (2) That all emissions of air contaminants from any source or from any activity will meet air pollution requirements standards or regula- tions promulgated by the Texas Air Subchapter E). 2. (b) Issue of Permit: acceptance of the verification Control Board (Source: Article 4477-5 After review by the Building Inspector by the proper agency, if applicable, the Building Inspector shall either approve or disapprove the application and attest to same by placing his name on the applicant's plans. One copy of the plans will be returned to the applicant so marked and the second copy, similarly marked, shall be retained with other pertinent data by the Building Inspector. The application for a building permit shall be made by the owner of the property concerned or a certified agent thereof. 2. (c) Inspection: The Building Inspector shall inspect all -2- buildings or structures during construction to see that the provisionsof law are complied with and that construction is prosecuted safely. When- ever in his opinion, by reason of defective or illegal work in violation of provisions of this code the continuance of a building operation is contrary to public welfare, he may order all further work to be stopped and may require suspension of work until the condition in violation has been remedied. Section 2. ADOPTION OF REGULATIONS (a) 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 by reference as the Building Code of the City of Pearland, Texas, that certain building code known as the Southern Standard Building Code, 1969 Edition, with the 1971 Revision of Amendments thereto, recommended and published by the Southern Building Code Congress, which code is publishedin book form and which is referred to, incorporated herein, and made a part hereof for all purposes, a 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 the provisions of the building code adopted by this ordinance and any other applicable provisions of State law or City ordinance, rule or regulations, the provisions of this code, State law or City ordinance, rule or regula- tion shall prevail and be controlling. The term "Building Official" as used in the said Southern Standard Building Code shall mean the building inspector, or any other officer of the City designated by the City Council having the duty to en- force the building regulations of the City. Section 3. FEES FOR AIR CONDITIONING AND HEATING (a) On all buildings, structures or alterations requiring a permit, in which air conditioning and heating equipment is installed, a fee shall be paid at the time of filing application, in accordance with the following schedule: 1. $2.00 per ton OR ANY PART OF A TON UP TO AND INCLUDING 25 TONS WITH A MINIMUM OF $10.00 ON ANY AIR CONDITION- ING PERMIT. 2. $6.00 MINIMUM HEATING UP TO 125,000 BTU AND $0.10 PER M-BTU THEREAFTER.. 3. $10.00 MINIMUM ON A HEATING PERMIT. 4. $10.00 MINIMUM ON AIR CONDITIONING AND HEATING TOGETHER 5. 25 TONS SHALL BE $50.00 PLUS $1.00 PER TON, 26 TONS UP TO AND INCLUDING 50 TONS. $0.50 PER TON FOR 51 TONS OR UP. (b) All permit fees required under this section shall be paid in advance to the City Building Inspection Department. Section 4. REPEAL OF ORDINANCE N0.116 AS AMENDED All ordinances in force when this ordinance becomes effective -and which ordinances are inconsistent herewith or in conflict with this ordinance are hereby repealed, insofar as said ordinance, or parts of said ordinance, are inconsistent or in conflict with this ordinance. Ordinance No.116 as amended, is specifically repealed. Section 5. SEVERABILITY The City Council of the City of Pearland, Texas, does hereby declare that if any section, sub -section, paragraph, sentence, clause, phrase, worgC or portion of this ordinance is declared invalid or uncon- stitutional, by a court of competent jurisdiction, that in such event it would have passed and ordained any and all remaining portions of this ordinance without the inclusion of that portion or portions which may be so found to be unconstitutional or invalid and declares that its intent is to make no portion of this ordinance dependent upon the validity of any other portion thereof, and that said remaining portions shall continue in full force and effect. Section 6. PUBLICATION AND EFFECTIVE DATE This ordinance shall take effect and be in force on the tenth (10) day after its publication in the official city newspaper of the City of Pearland, Texas. PASSED AND APPROVED ON FIRST READING this ,p day of azin, A.D. 1971. ATTES".: City Secretary CIT By: Mayor PASSED AND APPROVED ON SECOND AND FINAL READING this g2a—zt-enf/ A.D. 1971. ATTEST: ity Secretary Publication Date: Effective Date: /99/ day of