Ord. 1296-2010 - 2010-04-26 - Supp 5ORDINANCE NO. 1296-2010
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
ARTICLE V, ENTITLED UNSAFE BUILDING ABATEMENT; TO
AMEND SECTION 7-81, ENTITLED RESIDENTIAL CODE
ADOPTED; TO AMEND SECTION 7-81.1, ENTITLED LOCAL
AMENDMENTS; TO AMEND SECTION 7-82, ENTITLED
ENERGY CODE ADOPTED; AND TO ADD A NEW SECTION 7-
82.1, TO BE ENTITLED LOCAL AMENDMENTS; 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 V, Unsafe Building Abatement, of Chapter 7,
Building, of the City of Pearland Code of Ordinances, is hereby AMENDED to
read as follows:
"ARTICLE V. PROPERTY MAINTENANCE CODE
Sec. 7-61. Standard code --Adopted; conflicting provisions.
For the purpose of requiring the repair or demolition of those buildings which are
dilapidated, substandard or unfit for human habitation and which constitute a
hazard to the health, safety and welfare of the citizens of the city, and for the
purpose of establishing minimum standards for the continued use and occupancy
of such structures, to apply to buildings regardless of when constructed, there is
hereby adopted and incorporated herein by reference as the ICC Property
Maintenance Code, 2006 Edition. In the event of a conflict between any
provision of the Property Maintenance 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 control.
Sec. 7-61.1 Reserved."
ORDINANCE NO. 1296-2010
Section 2. That Article VII, Residential and Energy Codes, of Chapter 7,
Building, of the City of Pearland Code of Ordinances, is hereby amended to
AMEND Section 7-81, entitled Residential Code Adopted, to read as follows:
"7-81. Residential code adopted.
The International Residential 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 3. That Article VII, Residential and Energy Codes, of Chapter 7,
Building, of the City of Pearland Code of Ordinances, is hereby amended to
AMEND Section 7-81.1, entitled Local Amendments, to read as follows:
"7-81.1. Local amendments.
The residential code adopted in section 7-81 is modified in the following respects:
(a) Section R105.1.1 is hereby added to read as follows:
R105.1.1
Easements for utilities: Except where alleys are permitted for
the purpose, the city may require easements at least ten (10)
feet, for poles, wires, conduits, storm and sanitary sewers, gas
and water or other utility lines, along all rear lot lines, adjacent
to side lot lines if necessary, or if, in the opinion of the city
advisable. Easements of the same or greater widths may be
required along the lines of or across lots, where necessary for
the extension of existing or planned utilities. Easements
adjacent to lots, tracts or reserves shall be noted: "This
easement shall be kept clear of buildings, trees and other
permanent obstructions unless the City has agreed to a waiver
of encroachment."
(b) Section R313.3.1 is hereby added to read as follows:
R313.3.1 The AC power supply for smoke detector circuits shall not be
supplied from ARC -Fault or GFCI circuits.
(c) Section 3002.2.1 is hereby added to read as follows:
2
ORDINANCE NO. 1296-2010
3002.2.1 Sewer available. Public sewer service is to be considered
available to a property when a municipal sewer or manhole is
located within two hundred (200) feet of said property.
(d) Section R3501.2.1 is hereby added to read as follows:
R3501.2.1 To avoid relocation of service lines for future development on
the lot, all utility service lines shall be installed such that they
run along property or easement lines (no further than three
feet away) and may only deviate in a perpendicular line to the
point on the building where they are to be connected.
Underground electrical service lines shall be installed in
approved conduit and at least 24 inches in depth below the
surface of the ground. Exception: This requirement may be
eased on a case by case basis for single family lots larger
than 1 14 acres.
(e) Section R101.1 is hereby amended to read as follows:
(f)
(g)
R101.1 Title. These regulations shall be known as the Residential Code
Of the city of Pearland, Texas, hereinafter sometimes referred to
as "this code."
Section R104.10.1 is hereby amended to read as follows:
R104.10.1 Areas Prone to Flooding. 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.
Section R105.2 is hereby amended to read as follows:
R105.2 Work exempt from permit. Permits shall not be required for
maintenance work costing less than three hundred dollars
($300), unless inspection is required.
(h) Section R324.2.1 is hereby amended to read as follows:
R324.2.1
Elevation requirements.
1. Buildings and structures shall have the lowest floors
elevated to or above the design flood elevation.
2. In areas prone to flooding (AO Zones) buildings and
structures shall have the lowest floor (including basement)
elevated at least as high above the highest adjacent grade
3
ORDINANCE NO. 1296-2010
(I)
as the depth number specified in feet (mm) plus 12 inches
(305 mm) on the FIRM or at least 2 feet (610mm) plus 12
inches (305 mm) if a depth number is not specified.
Section R403.1.7.3 is hereby amended to read as follows:
R403.1.7.3 Foundation elevation. On graded sites, the top of any
exterior foundation shall extend above the elevation of the
top of the nearest curb inlet or the inlet of an approved
drainage device a minimum of 12 inches (305mm) plus 2
percent. Alternate elevations are permitted subject to the
approval of the building official, provided it can be
demonstrated that required drainage to the point of
discharge and away from the structure is provided at all
locations on the site.
1. On natural graded sites the floor elevation shall be set at
the highest point, which may be the curb inlet plus 12
inches.
2. On natural graded sites with an open ditch roadway
without a curb, the edge of the roadway shall be
considered the highest point and the point of reference
for establishment of the floor elevation.
(j) Section R905.7 is hereby amended to read as follows:
R905.7 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.
(k) Section R110.1 is hereby amended to add the following to the end of said
section:
(I)
R110.1 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.
Section R112.3 is hereby amended to read as follows:
4
ORDINANCE NO. 1296-2010
R112.3 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.
(m) Section R113.4 is hereby amended to read as follows:
R113.4 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
shall be four times the permit fee. This fee shall be in addition to
the required permit fees.
(n) Section R301.2 is hereby amended to read as follows:
R301.2 Appendices. The provisions contained in the appendices
referenced and listed below are hereby made part of the
adopting ordinance:
Appendix A, Sizing and Capacities of Gas
Appendix B, Sizing of Venting Systems
Appendix D, Recommended Procedure for Safety Inspection
of an Existing appliance installation.
Appendix E, Manufactured Housing Used as Dwelling
Appendix G, Swimming Pools and Spas
Appendix H, Patio Covers
Appendix J, Existing Buildings and Structures
(o) Section R3113.1 is hereby amended to read as follows:
(p)
R3113.1 Vent pipes shall not be less than 1 1/4 inches NPS in diameter
except for water closets which shall be no smaller than 2 inches
NPS. The aggregate venting area (sq inches) of all vents shall
only equal the aggregate area (sq inches) of the building sewer.
Section R3114.3 is hereby amended to read as follows:
R3114.3 Where permitted. Air admittance valves shall only be considered
for use with prior approval of the construction documents and
5
ORDINANCE NO. 1296-2010
(q)
plans and on a case by case basis as a Modification to the
Construction Code.
Table R301.2(1) is amended to read as follows:
CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
Ground
Snow
Load
Wind
Speed6
(mph)
Seismic
Design
Category9
Subject To Damage From
Winter
Design
Tempi
Ice Shield
Under-
Layment
Required'
Flood
Hazards"
Air
Freezing
Index'
Mean
Annual
Temp"
Weathering$
Frost
Line
Depth"
Termite`
Decay"
None
110 mph
Exposure C
A
Moderate
N/A
VERY
Heavy
Slight to
Moderate
24°F
None
Jurisdiction
Specific
36*
64*
(Footnotes to remain unchanged)
(r) Table R3004.1 is amended to remove the section for Multiple Bath Groups
and Footnote C associated therewith.
(s) Section G2415.9.1 (404.9.1), Individual Outside Appliances, is deleted in
its entirety."
Section 4. That Article VII, Residential and Energy Codes, of Chapter 7,
Building, of the City of Pearland Code of Ordinances, is hereby amended to ADD
Section 7-82, to be entitled Energy Code Adopted, to read as follows:
"7-82. Energy code adopted.
The International Energy Conservation 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 5. That Article VII, Residential and Energy Codes, of Chapter 7,
Building, of the City of Pearland Code of Ordinances, is hereby amended to ADD
Section 7-82.1, to be entitled Local Amendments, to read as follows:
"7-82.1. Local amendments.
The energy code adopted in section 7-82 is modified in the following respects:
(a) Section 507 is hereby amended to read as follows:
6
ORDINANCE NO. 1296-2010
507 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 6. 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 7. 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 8. Repealer. All ordinances and parts of ordinances in conflict
herewith are hereby repealed but only to the extent of such conflict.
Section 9. 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 10. 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.
7
ORDINANCE NO. 1296-2010
PASSED and APPROVED on FIRST READING this the 12th day of April,
A.D., 2010.
ATTEST:
NG
Y SE
..ie,T/ C /
ETARY
TOM REID
MAYOR
PASSED and APPROVED on SECOND and FINAL READING this the
26th day of April, A.D., 2010.
ATTEST:
Yo NG LO I G,
SEC TARY
APPROVED AS TO FORM:
opu---- 6,7
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
VOTING RECORD SECOND AND FINAL READING
APRIL 12, 2010
;X= Voting "Aye" - Councilmembers Owens, Sherman, Kyle,
:.2y=
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
8
AFFIDAVIT OF PUBLICATION.
The Pearland Reporter News
2.404So.uth Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby aended. p p w . Pp ,,. as published
in THE REPORTER NEWS, a newspaper of general circulation in Br.azoriaHarris
and Galveston Counties, for / issues, as. follows:
No. / Date 4120 /0
•No. Date
20
No. Date
.20
No. Date 20
No. Date
20
CFO
Subscribe and sworn to before me this „ day of
(_AURA AM EP flM
Notary Public, State of Texas
My Commission Expires 09-09-201
20 /D
0,4
Laura Ann Emmons, Publisher
Notary Public, .State of Texas
grc. MCP Q0- P96 -alo
Published April '14, 2010
ORDINANCE
NO. 1296-2010
AN ORDINANCE OF
THE CITY COUNCIL
OF THE CITY OF
PEARLAND, TEXAS,
AMENDING CHAPTER
7, BUILDING, OF THE
CITY OF PEARLAND
l CODE OF ORDINAN-
CES, AS IT MAY HAVE
BEEN, FROM TIME TO
!TIME, AMENDED, TO
AMEND ARTICLE V,
;ENTITLED UNSAFE
BUILDING ABATE-
MENT; TO AMEND
SECTION. 7-81, ENTI-
,' TLED RESIDENTIAL'
CODE ADOPTED; TO
' AMEND SECTION 7-
81.1, ENTITLED LO-
CAL AMENDMENTS;
TO AMEND SECTION
7-82, ENTITLED ENER-
GY CODE ADOPTED;
AND TO ADD A NEW
SECTION 7-82.1, TO
BE' ENTITLED LOCAL
AMENDMENTS; HAV-
ING A SAVINGS
CLAUSE, A SEVER-
LEGALS
ABILITY CLAUSE, AND
A REPEALER CLAU-
SE; AND PROVIDING
FOR CODIFICATION
AND AN EFFECTIVE
DATE.
PASSED and APPROV-
ED on FIRST READING
this the 22nd day of
March, A.D., 2010.
PASSED and APPROV-
ED on SECOND and
FINAL READING this
the 12th day of April,
A.D., 2010.
/s/ Tom Reid, Mayor
ATTEST:
/s/ Young Lorfing,
TRMC
City Secretary
APPROVED AS TO
FORM:
/s/ Darrin M. Coker
City Attorney
VOTING RECORD
SECOND AND FINAL
READING
APRIL 12, 2010
Voting "Aye" -
r LEGALS
Councilmembers
Owens, Sherman, Kyle, I
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 SEC-
TION 3.10 OF THE
CHARTER OF THE
CITY OF PEARLAND,
TEXAS J