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Ord. 1210-2015 2015-12-07ORDINANCE NO. 1210-2015 An ordinance of the city council of the City of Pearland, Texas, amending Chapter 23, Plumbing and Gas, of the City of Pearland Code of Ordinances, as it may have been, from time to time, to amend Section 23-1, entitled Plumbing Code Adopted; to amend Section 23-1.1, entitled Local Amendments; and to amend Section 23-161, entitled Fuel Gas Code Adopted; 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 I, Plumbing Code, of Chapter 23, Plumbing and Gas, of the City of Pearland Code of Ordinances, is hereby amended to AMEND Section 23-1, entitled Plumbing Code Adopted, to read as follows: "Sec. 23-1. Plumbing code adopted. The International Plumbing Code, 2015 Edition, as published by the International Code Council, Inc., along with its appendix is hereby adopted by reference and made part of this chapter. A true and correct copy of this code shall be on file in the office of the city secretary." Section 2. That Article I, Plumbing Code, of Chapter 23, Plumbing and Gas, of the City of Pearland Code of Ordinances, is hereby amended to AMEND Section 23-1.1, entitled Local Amendments, to read as follows: "Sec. 23-1.1. Local amendments. The plumbing code adopted in section 23-1 is modified in the following respects: (a) Section 106.6.2 is hereby amended to read as follows: 106.6.2 Fees. The fees for all plumbing work shall from time to time be established by city council, and a fee schedule shall be kept in the office of the city secretary. ORDINANCE NO. 1210-2015 (b) Section 106.6.3 is hereby added to read as follows: 106.6.3 Refunds. The Building Official shall authorize the refunding of fees where any fee paid hereunder was erroneously paid or collected. (c) 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 the plumbing 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. (d) Section 109.2 is hereby amended to read as follows: 109.2 Board of Appeal. The Gas and Plumbing Board of Adjustment and Appeals as established by City Council shall serve as the Plumbing Board. (e) Section 305.4.1 is hereby added to read as follows: (f) 305.4.1 Building Sewers. All sewer pipes, including those connected to private sewage disposal systems, shall be buried in trenches that are at least twelve inches (12") wide by twelve inches (12") deep at all points below finished grade. (a) Lawn Sprinkler Irrigation shall be regulated per TCEQ requirements. A permit, construction documents and inspections shall be per TCEQ guidelines. (b) Domestic Potable residential fire sprinklers shall be permitted and inspected per the Texas Department of Plumbing Examiner Guidelines and requirements. Section 602.2.1. is hereby added to read as follows: 602.2.1 Public water service is to be considered available to a property when a municipal water main is located within two hundred (200) feet of said property. At the time that public water main becomes available to a property served by a private water supply, a direct connection shall be made to the public water main, in compliance with this article and all applicable laws and regulations, within thirty (30) days after the date of the official notice to do so, and the private water system shall be discontinued. No construction, ORDINANCE NO. 1210-2015 expansion, or repairs costing over fifty percent (50%) of new construction cost shall be allowed for any private water system if public sewer service is available. If a malfunction of a private water system necessitates remedial action by the city in order to protect public health, the owner of such system shall be responsible for and shall reimburse the city the full cost of that remedial action. (g) Section 701.2.1. is hereby added to read as follows: 701.2.1 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. At the time that public sewer service becomes available to a property served by a private sewage disposal system, a direct connection shall be made to the public sewer, in compliance with this article and all applicable laws and regulations, within thirty (30) days after the date of the official notice to do so, and all septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with suitable material. No construction, expansion, or repairs costing over fifty percent (50%) of new construction cost shall be allowed for any private sewage disposal system if public sewer service is available. If a malfunction of a private sewage disposal system necessitates remedial action by the city in order to protect public health, the owner of such system shall be responsible for and shall reimburse the city the full cost of that remedial action. (h) Section 1003.3 is hereby amended to read as follows: 1003.3 Grease Traps. When waste pretreatment is required by the Building Official or under this code, a grease trap and sample well approved under this code shall be installed in the waste line leading from any drains, sinks, and other equipment or fixtures in all establishments where grease may be introduced into the drainage or sewage system. Businesses may not share grease traps or sample wells. Where installed, grease and lint traps shall be cleaned on a regular basis, which shall be at a minimum once every ninety (90) days, or as deemed necessary by the Building or Utility Inspector. Owners shall maintain complete records of all cleanings which shall be available upon request. The generator ORDINANCE NO. 1210-2015 of grease is responsible for the waste until it is properly disposed by a registered transporter. Where required, grease traps shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, leak resistant, and equipped with easily removable covers, that shall be gas/water tight and of size no Tess than 500 gallons. Grease trap sizing shall be based on an approved formula such as EPA- 2 Model." Section 3. That Article VI, Gas Code, of Chapter 23, Plumbing and Gas, of the City of Pearland Code of Ordinances, is hereby amended to AMEND Section 23-161, entitled Fuel Gas Code Adopted, to read as follows: "Sec. 23-161. Fuel gas code adopted. The International Fuel Gas Code, 2015 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 Fuel Gas Code and the Examination Plumbing Code and Study Guide, the latter shall govern. A true and correct copy of this code shall be on file in the office of the city secretary." Section 4. 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 5. 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 6. Repealer. All ordinances and parts of ordinances in conflict herewith are hereby repealed but only to the extent of such conflict. ORDINANCE NO. 1210-2015 Section 7. 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 8. 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 January 1, 2016. PASSED and APPROVED on FIRST READING this the 23rd day of November, A.D., 2015. TOM REID MAYOR ATTEST: MARIA E. RODRIGUEZ DEPUTY CITY SECRETA'Y PASSED and APPROVED on SECOND and FINAL READING this the 7th day of December, A.D., 2015. TOM REID MAYOR ORDINANCE NO. 1210-2015 ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY VOTING RECORD SECOND AND FINAL READING December 7, 2015 Voting "Aye" — Councilmembers Moore, Reed, Carbone, and Ordeneaux. Voting "No" — 0. Motion passes 4 to 0. Councilmember Hill Absent. PUBLICATION DATE: December 10, 2015 EFFECTIVE DATE: January 1, 2016 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS Ordinance No. 1210-2015 STATE OF TEXAS COUNTY OF BRAZORIA Personally appeared before the undersigned, a Notary Public within and for said County and State. Buzz Crainer, Representative for Brenda Miller Fergerson, Publisher of the Pearland Journal, a newspaper of general circulation in the County of Brazoria, State of Texas. Who being duly sworn, states under oath that the report of Legal Notice, Ordinance No. 1210-2015, a true copy of which is hereto annexed was published in said newspapers in its issue(s) of December 10, 2015. Publisher's Representative Sworn to and subscribed before me this 6( day of'c7 n% 016. NotaryPublic My commission expires on •;:;�"� MARILYN ZARATE •Ik Notory Public, Stote of Texos ;.) ,4 My Commission Expires V,;6Vilk,�r September 07, 2018 ORDINANCE NO. 1210-2015 An ordinance of the city council of the City of Pearland, Texas, amending Chapter 23, Plumbing and Gas, of the City of Pearland Code of Ordinances, as it may have been, from time to time, to amend Section 23-1, entitled Plumbing Code Adopted; to amend Section 23-1.1, entitled Local Amendments; and to amend Section 23- 161, entitled Fuel Gas Code Adopted; 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 8. 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 January 1, 2016. !S/ TOM REID MAYOR ATTEST: !S/ VOTING RECORD SECOND AND FINAL READING YOUNG LORFING, TRMC DecemDer7.2015 CITY SECRETARY APPROVED AS TO FORM IS/ DARRIN M. COKER CITY ATTORNEY Warp 'Aye - Councenenbere MOG.. Reed_ Carme. and OrOYwe... Vaarq No' - 0 Modal mean 4 b 0. Canrinender HMI Absent PUBLICATION DATE: December 10, 2015 EFFECTIVE DATE: January 1, 201E PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND. TEXAS