Ord. 1296-2015 2015-11-23ORDINANCE NO. 1296-2015
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 7-61, entitled Standard Code Adopted, conflicting
provisions; to adopt a new Article VI, to be entitled Windstorm
Resistant Construction; to amend Section 7-81, entitled Residential
Code Adopted; to amend Section 7-81.1, entitled Local
Amendments; and to amend Section 7-82, entitled Energy 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 V, Property Maintenance Code, of Chapter 7,
Building, of the City of Pearland Code of Ordinances, is hereby amended to AMEND
Section 7-61, entitled Standard Code Adopted; Conflicting Provisions, to read as
follows:
"Sec. 7-61. Standard code adopted.
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, 2015
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."
Section 2. That Article VI, Windstorm Resistant Construction Guide, of
Chapter 7, Building, of the City of Pearland Code of Ordinances, is hereby AMENDED to
read as follows:
"ARTICLE VI. WINDSTORM RESISTANT CONSTRUCTION
Sec. 7-62. Construction standards adopted.
For the purpose of establishing minimum standards for the construction of windstorm
resistant buildings within the corporate limits of the city, the windstorm resistant
construction standards adopted by the Texas Department of Insurance Windstorm in
Title 28 of the Texas Administrative Code, Section 5.4011, are hereby adopted by
ORDINANCE NO. 1296-2015
reference, incorporated herein, and made a part hereof for all purposes, a true and
correct copy of which shall be maintained in the office of the city secretary."
Secs. 7-63-7.80. Reserved."
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, entitled Residential Code Adopted, to read as follows:
"7-81. Residential code adopted.
The International Residential 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 4. 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 2901.1 is hereby added
2901.1 Potable water available. 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. The public water
service must be utilized for new buildings or when no suitable
means of potable water is available for an existing structure.
(c) Section 3002.2.1 is hereby added to read as follows:
ORDINANCE NO. 1296-2015
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. The public sewer must be
utilized for new buildings or when no suitable means of disposal is
available for an existing structure.
(d) Section R101.1 is hereby amended to read as follows:
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."
(e) 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.
(f) Section R105.2 is hereby amended to read as follows:
R105.2 Work exempt from permit. Permits shall not be required for work
costing less than three hundred dollars ($300), unless inspection is
required.
(g) 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.
ORDINANCE NO. 1296-2015
(h) Section R112.3 is hereby amended to read as follows:
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.
(i) 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.
(j) Section R102.5 is hereby amended to read as follows:
R102.5 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 H, Patio Covers
Appendix J, Existing Buildings and Structures
(k) Table R301.2(1) is amended to read as follows:
CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
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(Footnotes to remain unchanged)
ORDINANCE NO. 1296-2015
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 AMEND
Section 7-82, entitled Energy Code Adopted, to read as follows:
"7-82. Energy code adopted.
The International Energy Conservation 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 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
January 1, 2016.
PASSED and APPROVED on FIRST READING this the 23rd day of
November, A.D., 2015.
ORDINANCE NO. 1296-2015
TOM REID
MAYOR
ATTEST:
MARIA E. RODRIGUEZ
DEPUTY CITY SECRETARY
PASSED and APPROVED on SECOND and FINAL READING this the 7TH day
of December, A.D., 2015.
ATTEST:
M IA E. RO RIGUEZ
DEPUTY CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
VOTING RECORD SECOND AND FINAL READING
December 7, 2015
Voting "Aye" - Councilmembers Moore, Reed,
Carbone,
and Ordeneaux,
Voting "No" - O.
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. 1296-2015
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. #1296-2015 a true copy of which is
hereto annexed was published in said newspapers in its issue(s) of December 10, 2015.
Publis er's Representative
Sworn to i subscribed before rr this 23/d day of OA (..e2fil be", 2015.
11-1.4-Le....,
Notary P'Jblic
My commission expires on / — /8 —/�
:r°....... '';';" Notary Pub Public, S aEe RA
= ;. .. My Commission of Texas
" o���+, ssi Expires
°� January 18, 2016
ORDINANCE NO. 1296-2015
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
7-61, entitled Standard Code Adopted, conflicting
provisions; to adopt a new Article VI, to be entitled
Windstorm Resistant Construction; to amend Section
7-81, entitled Residential Code Adopted; to amend
Section 7-81.1, entitled Local Amendments; and to
amend Section 7-82, entitled Energy Code Adopted;
having a savings clause, a severability clause, and a
repealer clause; and providing for codification and an
effective date.
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 Januaryl, 2016.
IS/
TOM REID
MAYOR
ATTEST:
/Sr VOTING RE(‘DRD SECO24Q AND FINAL READINQ
YOUNG LORFING, TRMC D.rmDR 7. 2015
CITY SECRETARY Vane 'Aye' • canaN,.nws Moan. R.W. Carb.•
and O,a.n..ux.
Voting •No'-0.
Mo.q, pro. . to 0 Co nrrn«ro. HA Atari.
PUBLICATION DATE. D.wnW.r 10. 2015
EFFECTIVE DATE Amoy 1.2016
APPROVED AS TO FORM PUBLISHED AS REQUIRED BY SECTION 310 OF
THE CHARTER OF THE CITY OF PEARLAND. TEXAS
DARRIN M. COKER
CITY ATTORNEY