HomeMy WebLinkAboutOrdinance 9816
ORDINANCE NO. ~~~~
AN ORDINANCE AMENDING ORDINANCE NG. 8907, AS AMENDED, THE
FORT WORTH MECHANICAL CODE, CODIFIED AS CHAPTER 7,
ARTICLE V OF THE CODE OF THE CITY OF FORT WORTH ( 1986) , AS
AMENDED, BY MAKING CERTAIN REQUIREMENTS OF THE MECHANICAL
CODE RETROACTIVE AND APPLICABLE TO EXISTING BUILDINGS
WITHIN THE CITY OF FORT WORTH.; MAKING THIS ORDINANCE CUMU-
LATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLI-
CAT ION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE
OFFICIAL NEWSPAPER; PROVIDING FOR ENGROSSMENT AND ENROLL-
MENT; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1 .
That the Fort Worth Mechanical Code is hereby amended by revis-
ing Section 104(b) to read as follows:
"(b) Existing Installations. Except as otherwise provided
in this Code, mechanical systems ].awfully in existence at
the time of adoption of this Code may have their use,
maintenance or repair continued if the use, maintenance or
repair is in accordance with the original design and loca-
tion and no hazard to life, heali=h or property has been
created by such mechanical system.
EXCEPTIONS: The following chapters, sections and para-
graphs of this Code shall be applicable to all mechanical
installations within the City of Fort Worth, regardless of
when they were installed:
X507, X508, ~601(a}, §701 (second paragraph), §807,
Chapter 9, §1104."
SECT ION 2.
This ordinance shall be cumulative of ally provisions of ordi-
nances and of the Code of the City of Fort Worth, Texas (1964), as
amended, except where the provisions of this ordinance are in direct
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conflict with the provisions of such ordinances and such Code, in
which event conflicting provisions of such ordinances and such Code
are hereby repealed.
SECTION 3 .,
It is hereby declared to be the intention of the City Council
that the sections, paragraphs, sentences, clauses and phrases of
this ordinance are severable, and if any phrase, clause, sentence,
paragraph or section of this ordinance shall be declared unconstitu-
tional by the valid judgment or decree of any court of competent
jurisdiction, such unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs and sections of
this ordinance, since the same would nave been enacted by the City
Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 4 „
Any person, firm or corporation wlzo violates, disobeys, omits,
neglects or refuses to comply with or who resists the enforcement of
any of the provisions of this ordinance involving fire safety or
public health and sanitation shall be fined not more than One
Thousand Dollars ($1,000.00) for each offense and shall be fined not
more than T wo Hundred Dollars ($200..00) for all other violations of
this ordinance. Each day that a violation is permitted to exist
shall constitute a separate offense.
SECT ION 5 ..
All rights and remedies of the City of Fort Worth, Texas, are
expressly saved as to any and all violations of the provisions of
-2-
the Fort Worth Mechanical Code or any other ordinances affecting
heating, ventilation, air conditoining or refrigeration which have
accrued at the time of the effective date of this ordinance; and, as
to such accrued violations and all pE~nding litigation, both civil
and criminal, whether pending in court or not, under such
ordinances, same shall not be affected by this ordinance but may be
prosecuted until final disposition by the courts.
SECT ION 6 .
The City Secretary of the City of Fort Worth, Texas, is hereby
authorized to publish this ordinance in pamphlet form for general
distribution among the public, and the operative provisions of this
ordinance as so published shall be admissible in evidence in all
courts without further proof than the production thereof, as pro-
vided in Chapter XXV, Section 3, of the Charter of the City of Fort
Worth, Texas..
SECT ION 7 .
The City Secretary of the City of Fort Worth is hereby directed
to engross and enroll this ordinance by copying the caption and
Sections 1, 4, 8 and 9 in the minutes of the City Council and by
filing the ordinance in the ordinance records of the City.
SECTION 8.
The City Secretary of the City of Fort Worth, Texas, is hereby
directed to publish the caption and Sections 1, 4, 8 and 9 of this
ordinance for two (2) days in the official newspaper of the City of
Fort Worth, Texas, as authorized by Art. 1176b-1, Revised Civil
Statutes of Texas.
-3-
SECTION 9 .
This ordinance shall be in full force and effect frown and
after its passage and publication as required by law, and it is so
ordained.
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Date: ?.~~b~y~
ADOPTED : oZ. ~ '
EFFECTIVE:
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DATE
REFERENCE
SUBJECT PAGE
NUMBER MECHANICAL CODE AMENDMENT REQUEST 1
12-10-87 **G-6949 ' °f-"-
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending
the Mechanical Code of the City of Fort Worth to make certain provisions of the
Code retroactive and applicable to existing buildings.
DISCUSSION:
City staff, in cooperation with the Rental Registration Committee appointed by
the City Council, is currently conducting a comprehensive review of the Minimum
Building Standards Code. This Code sE~ts forth minimum standards for
plumbing, mechanical and other installations in existing
electrical
,
buildings. One of the recommendations by the staff is to delete certain
references to regulations contained in the Fort Worth Mechanical Code and to
amend the Mechanical Code to specifically make these regulations applicable to
existing buildings. The P'~chanical Code regulates the installation of heating,
ventilation, air conditioning and refrigeration (HVACR) systems. The Code
Enforcement Division and the Building Inspection Division have reviewed the
minim un safety requirements for these systems in existing buildings and have
accordingly recommended the proposed change to the Mechanical Code.
The Mechanical Board of Appeals has reviewe(i these changes and recommends that
they be adopted .
OVER BY
CITY
_ COUNCIL
FEe ~o '~~r
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SUBMITTED FOR I Ht
CITY MANAGER'S
DISPOSITION BY COUNCIL:
PROCESSED BY
OFFICE BY ^ APPROVED
ORIGINATING C OTHER (DESCRIBE)
DEPARTMENT HEAD: Lester _Pai CITY SECRETARY
FOR ADOITIONAL INFORMATIQN t~dop~ed OrdEnance Pao.
~tF DATE
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