Ord. 1209-2015 2015-11-23ORDINANCE NO. 1209-2015
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, 2015 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:
101.1 Title. These regulations shall be known as the Building Code
ORDINANCE NO. 1209-2015
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"
(d) Section 101.4.5 is hereby amended to read as follows:
101.4.5 Property maintenance. The provisions of the 2015 ICC
International Property Maintenance Code along with Life Safety
Code 2012 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. Permits shall not be required for work
costing less than three hundred dollars ($300), unless inspection
is required.
The following entities shall be exempt from permit fees and
inspections:
U.S. Government
Federal agencies
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
ORDINANCE NO. 1209-2015
(f) Section 109.2 is hereby amended to add the following to the end of said
section:
(g)
109.2 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.
Section 109.4 is hereby amended to read as follows:
109.4 Work commencing before permit is issued. 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 that is 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.
(h) Section 113.3 is hereby amended to read as follows:
113.3 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.
ORDINANCE NO. 1209-2015
(i)
Section 907.2.1.1 is hereby amended to read as follows:
907.2.1.1 All Assembly Buildings with occupancy of 300 or more shall be
required to install an Emergency Voice Alarm Evacuation (Evac)
System. Installations shall be in accordance with NFPA-72.
(j) Section 907.2 is hereby amended to add the following to the end of the
first paragraph of said section:
Where required, alarm systems shall be monitored by an off premise
central station. Systems shall also have occupant notification
throughout the building.
(k) Section 1612 is hereby amended to add the new section as follows:
1612.1.1 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.
(I) Section 1808.1 is hereby amended to add the following new section as
follows:
1808.1.1 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.
ORDINANCE NO. 1209-2015
(m) Section 3401 is hereby amended to add the following new section as
follows:
3401.3.1 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 3403 through 3405 for
Additions, Alterations or Repairs."
Section 3. That Article II 1/z, 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, to read as follows:
"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 2015 ICC International Swimming Pool and Spa Code. 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 2015 ICC Building and 2015 ICC Mechanical Codes."
Section 4. That Article II '/2, Swimming Pools, of Chapter 7, Building, of
the City of Pearland Code of Ordinances, is hereby amended to AMEND Section
7-26.1, entitled Local Amendments, 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:
ORDINANCE NO. 1209-2015
Section 303.4 is deleted in its entirety.
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, 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 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 HI, 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:
"7-51.1. 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.
ORDINANCE NO. 1209-2015
(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:
(f)
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.
Section 202 is hereby amended to add the following to the end of said
section:
202 Definitions.
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 official 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.
ORDINANCE NO. 1209-2015
Section 7. That Article II 3 , 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.
The International Existing Building Code, 2015 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
ORDINANCE NO. 1209-2015
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.
ATTEST:
6414.
MAMA E. RODRIGUEZ
DEPUTY CITY SECRETARY
'''Ill,lll{...
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TOM REID
MAYOR
PASSED and APPROVED on SECOND and FINAL READING this the
7th day of December, A.D., 2015.
ATTEST:
`7644.4- 4
MARIA E. RODRIGUEZ
DEPUTY CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
•
TOM REID
MAYOR
VOTING RECORD SECONDED AND FINAL READNG
Dece.ber 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. 1209-2015
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 Ord. #1209-2015 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 ; • subscribed before m this 23/d day of 0/U1</) be-, 2015.
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Notary 'ublic
My commission expires on
orer' LUCIL LE GUERRq
. = Notary Public, State of Texas
+,Fo��E•• My Commission
Expires
January 18, 2016
ORDINANCE N0.1209-2014
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; Sec-
tion 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.
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 January 1, 2016.
PASSED and APPROVED on SECOND and FINAL READING THIS
THE 7TH day of December, A.D., 2015.
ATTEST
ISM
YOUNG LORFING. TRMC
TOM REID
MAYOR
CITY SECRETARY
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APPROVED AS TO FORM narwT.OM aya u.e..M. IS MIS
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ISI rIAIMMEO At 11EWMO fn ISCIM 3i0 OF
DARRIN /A COKER THE WATER OE T. F c +-. O. /EAI1U.0. MIAE
CITY ATTORNEY
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 Ord. #1209-2015 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 subscribed before mm this �/ day of � cPnt Lk°V , 2015.
Notary Public
My commission expires on
LUCILLE GUERRA
Notary Public, State of Texas
My Commission Expires
January 18, 2016
JIDINANCE NO.1209-201a
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; Sec-
tion 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.
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 January 1, 2016.
PASSED and APPROVED on SECOND and FINAL READING THIS
THE 7TH day of December, A.D., 2015.
ATTEST
YOUNG LORFING. TRMC
CRY SECRETARY
APPROVED AS TO FORM
DARRIN M COKER
CITY ATTORNEY
TOM REID
MAYOR
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