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Ordinance 9960
D ~ S ORDINANCE NO. ~` AN ORDINANCE AMENDING ARTICLE III, "BUILDING CODE", OF ., CHAPTER 7 OF THE CODE OF THE CITY OF FORT WORTH (1986) BY AMENDING SECTION 304(a), (b) AND (d) AND SECTION 4603 OF SECTION 7-47(b) THEREOF AND BY ADDING TABLE NO. 3-A, ,~ CHANGING PERMIT INSPECTION FEES, PLAN REVIEW FEES AND FEES FOR TEMPORARY OCCUPANCY OF PUBLIC PROPERTY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERA- BILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Paragraphs (a), (b) and (d) of Section 304 of Sec- tion 7-47(b) of the Code of the City of Fort Worth (1986) are amended to read as follows: "Sec. 304. (a) Permit Fees. The fee for each permit shall be set forth in Table No. 3-A. "'The determination of value or valuation under any other provisions of t]'nis code shall be made by the build- ing official. The value to be used in computing the building permit fee shall be the total value of all con- struction work for wYiich the permit is issued as well as all finished work, p<~inting, roofing, electrical, plumb- ing, heating, air conditioning, elevators, fire extin- guishing systems and any other permanent equipment. A building permit issuance fee of Ten Dollars ($10.00) shall be required upon issu<~nce of a permit. EXCEPTION: These provisions shall apply to new con- struction and additions. Separate permits shall be required for remodeling. "Where work for which a permit is required by this code is started or cammenced prior to obtaining said per- mit or permission from the building official, the fees specified in Table No. 3-A shall be doubled. The payment of such double fee shall not relieve any person from fully complying with the requirements of this code in the execu- tion of the work, nor from any other penalties prescribed herein. ~ f' !~~ ~, °'(b) Plan Review Fees. A plan review fee shall be submitted with each application for a permit in the amount as follows: (1) Plans requiring review without circulation $ 75.00 (2) Plans requiring circulation $200.00 The review fee will bey credited to the cost of the build- ing permit at the time the building permit fee is paid. EXCEPTION: The building official may waive the plan review fees on Group R-3 and M occupancies. "(d) Inspection Fees. In addition to the fees charged in Table 3-A, the following inspection fee shall be charged (1) Demolition and moving inspection fee, based upon total square footage, as follows: 1 thru 1,000 $ 40 1,001 thru 2,000 $ 80 2,001 thru 3,000 $150 3,001 thru 5,000 $225 5,001 thru 10,000 $300 10,001 thru 20,000 $400 20,001 and above $800 EXCEPTIONS: (1) Buildings ordered demolished by the City of Fort Worth. (2) No permit or permit fee shall be required for demolition of structures by the State of Texas for highway widening purposes. (3) Those .inspection fees specified in Chap- ter 46 f or the permanent or temporary use of public property. (2) A fee of $50 shall be charged for a change of occupancy wriere an occupancy permit is required by this codE~. An occupancy permit fee shall not be required for new construction where a build- ing fee has been paid. (3) The building official may charge an inspection fee for any inspection where such inspection has not been paid by a permit fee or other fees. -2- Such fee shall not exceed ($20.00) per hour per inspector assigned to make such inspection, pro- vided, however, that the maximum charge for any such inspection shall not exceed Eighty Dollars ($80.00) per hour for four (4) inspections. "The inspections covered by this section shall in- clude, but not be limited to, the following: Annual Inspection Fee Dance Halls Mobile Home Parks Night Clubs Day Care Rest Homes Auto Junk Yard s Inspection for Licensing Dance Halls Night Clubs Day Care Rest Homes Auto Junk Yards Miscellaneous Ordinance and Occupancy Inspection All Users Meter Changes House Moving and Demolition Permits "(e) Fee Refunds. 1. The building official may autho- rize the refunding of any fee paid here under which was erroneously paid or collected. "2. The building official may authorize the refunding of not more than 80 percent of the permit fee paid when no work has been done wader a permit issued in accordance with this code. Where no work has commenced for a period exceeding 180 days from the issuance of the permit, one- half of the fee may be refunded provided that not less than $50 shall be retained by the building official. "3. The building official may authorize the refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. "The b uilding official shall not authorize the refunding of any fee paid except upon written application filed by the original, permittee not later than 180 days after the date of fee payment." -3- TOTAL VALUATION Section 7-47 (b) of the Code of the City of rr^ort Tnlorth ( 1986 ) is amended by adding Table No. 3-A to read as follows: TABLE N0. 3--A---BUILDING PERMIT FEES $1.00 to $500.00 $501.00 to $2,000.00 $2,001.00 to $25,000.00 $25,001.00 to $50,000.00 $50,001.00 to $100,000.00 $100,001.00 to $500,000.00 $500,001.00 to $1,000,000.00 $1,000,001.00 and up Other Inspections and Fees: SECTION 2. FEE $15.00 $15.00 for the first $500.00 plus $2.00 for each additional $100.00 or fraction thereof, to and including $2,000.00. $45.00 f or the first $2,000.00 plus $9.00 for each additional $1,000.00 or fraction thereof, to and including $25,000.00. $252.00 for the first $25,000.00 plus $6.50 for each additional $1,000.00 or fraction thereof, to and including $50,000.00. $414.50 for the first $50,000.00 plus $4.50 for each additional $1,000.00 or fraction thereof, to and including $100,000.00. $639.50 for the first $100,000.00 plus $3.50 for each additional $1,000.00 or fraction thereof. $2,039.50 for the first $500,000.00 plus $3.00 for each additional $1,000.00 or fraction thereof, to and including $1,000,000.00. $3,539.50 for the first $1,000,000.00 plus $2.00 for each additional $1,000.00 or fraction thereof. 1. Inspections outside of normal business hours...$30.00 per hour* (minimum charge--two hours) 2. Inspections for which no fee is specifically indicated .................................$30.00 per hour* 3. Additional plan review required changes, additions or revisions to approved plans..$30.00 per hour* 4. Encroachment Variance Letters ..................$25.00 5. Zoning Verification Letters ....................$10.00 *Or the total hourly cost to the jurisdiction, whichever is the greatest. The cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. -4- ,~. SECTION 3. Section 4603 of Section 7-47 (b) of the Code of the City of Fort Worth ( 1 986 ) is amended to read as follows: "SECTION 4603 - Temporary Occupancy. "Sec.. 4603. (a) Time. For temporary occupancy, the applicant shall state the estimated length of time the area is to be occupied. "(b) Inspection Fee. In all fire zones, the applicant shall deposit with the building official a sum equal to the amount of the inspection fee for the space calculated on the estimated time in the following manner : 1. If the time does not exceed three (3) days, the fee will be $3 0.0 0 per day up to and includ ng the third day; 2. If the time exceeds three (3) days, the fee per day will be one and two-tenths of one cent ($.012) per square foot of sidewalk space and two one-hundredths of one cent ($.0002) per square foot of street space used. " (c) Inspection Flee Refund. If the length of time is underestimated, the deposit will be retained and an addi- tional inspection fee shall be required, calculated as set out in Section 4603(b) . If the length of time is overesti- mated, the building official shall, upon request, calcu- late the inspection fee based on the actual number of days and return any overages to the applicant. "(d) Approval. The building official is hereby autho- rized to execute the Encroachment Agreement on behalf of the City for temporary use or occupancy of public prop- erty. The building official shall approve and execute such agreement when the a}~plicant has complied with all the provisions of this cod.e." SECTION 4. This ordinance shall be cumulative of all provisions of ordi-' nances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the ~>rovisions of this ordinance are in direct -5- J 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 5. 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 have been enacted by the City Co uncil without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Section 7-47 (b) of the Codes of the City of Fort Worth ( 198& ) or any other ordinances affecting inspection fees which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending 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. -6- r ~. ;', ^ _ ~. SECTION 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, 2 and 3 in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECTION 8. This ordinance shall take effect and be in full force and effect from and after its passage, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: City Attorney Date : I~'~.Z~2e~~ i c.~~ ADOPTED: / ~~ EFFECTIVE : //~,Z ~'~~ -7- kSA7.of:R ~ t~='~ AGGOUPdTIFlW-~ ~ljZrL ILII ®~ ll ®!I ~ ~®U ILU ILA ~~L..'~1i'L1L~ 5~~?AP`ruPFwRTATIUK'PUELIG FKOP,K?S-'C ~/~~///7/J ']; Q ///7JJ m Q /~/~ ,/~/{.. ~) MATER ADMINISTRATiQCi ~'liW lLJ/ ®0 'l.+Y~LL.W ~/® lL'lV~~~IY ~©0~~~~~~'IV~~IV'I~WIL~®U lL FRE ADM1N bEVECppM DAlE REFERENCE suB.lEC~DOPTION OF AMENDMENT TO SECTION PAGE ~~~ NUMBER 7-47(b) OF THE CODE OF THE CITY OF FORT , of_-____ 1 9-22-87 **G-7240 I.f(1RTI-I /laf2(,~ PQ111/TrITNG G(1D ~MFNf1Mt=NTC T THE UNIFORM BUILDING CODE Recommendation It is recommended that the attached proposed draft amendment to Section 7-47(b) of the Code of the City of Fort Worth (1986) be adopted. Discussion Section 7-47(b) amends the 1982 Edition of the Uniform Building Code adopted in Section 7-46 as the Building Code of the City of Fort Worth. The Construction and Fire Prevention Board of Appeals has recently completed review of this proposed amerrdrnent and has determined that certain amendments are required to increase permit fees, inspection fees, plan review fees, and temporary occupancy of public: property fees These increased fees will better meet the administrative costs for staff to accomplish the actions required for each listed activity The Board is recommending their adoption. DAI wq Attachment APPROVEDNC~~ CITY CaU Sip 2~ 1~8'P ~~>~~L--_---------°~ __----- City Seo:etaty of the City of Fort Woxth, Texas SUBMITTED FOR IHt CITY MANAGER'S OFFICE BY ORIGINATING DEPARTMENT HEAD F~;R ADDiTiONAi_ INFOR!~IATION GON7ACT D . rdi DISPOSITION BY COUNCIL. L APPROVED OTHER (DESCRIBE) Adopted urai PROCESSED BY CITY SECRETARY DATE