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Home My WebLink AboutOrdinance 9893h ry ORDINANCE N0, ~O ~y AN ORDINANCE AMENDING ORDINANCE N0. 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 REQUIRING COMMERCIAL FOOD PROCESSING ESTAB- LISHMENTS TO INSTALL A KITCHEN EXHAUST SYSTEM. AND A FIRE EXTINGUISHING SYSTEM; BY REQUIRING THE PAYMENT OF A TEN PERCENT LATE FEE ON PAST DUE ACCOUNTS PRIOR TO THE ISSUANCE OF ADDITIONAL MECHANICAL PERMITS; MAKING THIS ORDINANCE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVER- ABILITY CLAUSE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PRO- VIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; PROVID- ING 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 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 lawfully 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, health or property has been created by such mechanical system. EXCEPTION NO. 1. The following chapters, sections and paragraphs of this Code shall be applicable to all mechanical installations within the City of Fort Worth, regardless of when they were installed: §507, §508, §601(a), §701 (second paragraph), §807, Chapter 9, §1104. EXCEPTION NO. 2. A kitchen exhaust system with a Type I hood for collecting and removing grease and smoke and a fire extinguishing system shall be in- stalled at or above all existing cooking equipment in commercial food processing establishments as required by Chapter 20 of this Code." k SECTION 2. That the Fort Worth Mechanical Code is hereby amended by revis- ing Section 304(a) to read as follows: "Sec. 304.(a) Permit Fees. The fee for each permit shall be as set forth in Table No. 3-A. "Any person obtaining a permit application required by this Code shall, at the time of filing, pay a permit and inspection fee as required by this section for the installation, relocation or replacement of any of the 1 i sted items . EXCEPTION NO. 1. Where the fees for the new struc- tures and additions to structures have been collected on a building permit, additional fees are not re- quired but the permit application shall be filed before work is commenced by the person doing the work. EXCEPTION NO. 2. Where these permit fees are being invoiced monthly and the account is past-due, a fee of $15.00 or ten percent (10~) of the invoice total, whichever is more, shall be assessed. The above assessed fee shall be paid before additional permits will be issued or additional inspections performed." SECTION 3. 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 provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. -2- SECTION 4. 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 Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than One Thousand Dollars ($1,000) for all violations involving fire safety or public health and sanitation and Two 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. SECTION 6. All rights and remedies of the City of Fort GTorth, Texas, are expressly saved as to any and all violations o.f the provisions of Ordinance No. 8907, as amended or any other ordinances affecting mechanical installations which have accrued at the time of the -3- 1 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. SECTION 7. 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. SECTION 8. 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, 5, 9 and 10 in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECTION 9. The City Secretary of the City of Fort Worth, Texas, is hereby 4 directed to publish the caption and Sections 1, 2, 5, 9 and 10 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. -4- a SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so , ordained. ,~ APPROVED AS TO FORM AND LEGALITY: ~~ City Attorney Date : ~ ~ ~ ~"~~~~ ADOPTED: ~ ~~ 'EFFECTIVE: -5- MASTER F(LE•gf~ -. ~Z~ ACCUIINT{NG° 2 SRAPdSE'd1RT/++T1QN~PUBLfC.WCrdiG~'I~VILJJ®U 'L.WOIV~LW ~,/®~~~lL(V ~®~~~LL/W~~~`LWLLi~®Illl~ lAAT"ER ADMIN AE~ELUpMEN ~a+rtH~BU~( {l DATE REFERENCE suB~ECT p1ECHANICAL CODE Ar~ENDRIENT PAGE m.~ NUMBER 6-16-87 G-7112 REQUEST I or?___ RECOMMENDATION It is recommended that the City Council adopt the attached ordinance amending the Mechanical Code of the City of Fort Worth to make provisions of the Code that apply to comrercial food processing exhaust system and fire extinguishing system retroactive and applicable to existing buildings and also provide a late fee on past due accounts. The Fort Worth Mechanical Code (Ordinance No. 9669) adopted by the City Council on June 24, 1986, regulates the exhaust systems and fire extinguishing system for commercial food processing establishments which iS a necessity for fire protection. These current regulations apply only t o buildings and structures constructed after the adoption of the Code. The City Staff and the Fire Prevention section of the Fire Department have reviewed these ~gulations and have determined that public health and safety demands that certain exhaust and fire extinguishing system be required retroactively in Code. City Staff has determined that the private costs to install these. systems is far outweighed by the public health and safety consideration. Also, City Staff is recommending an amendment to the Code to require the payment of a late fee on overdue mechanical permit accounts prior to~ the issuance of additional permits or the perfomance of additional inspections. The rechanical Board of Appeals has reviewed these changes and recommends that they be adopted. ' APPROVED BY RAr'~ t b CITY COUNCIL q4 JUG! ~6 i~BT ~~z~~~ Cify Secretary of the City of Fart. Worth, ~sxao SUBMITTED FOR t 7 CITY MANAGER' ~~ ~~~^~ OFFICE BY _ ORIGINATING ` DEPARTMENT HEAD LeSte1" Pd~Qe FOR ADDITIONAL INFORMATION CONTACT L Paige 7820 1 DISPOSITION BY COUNCIL. ^ APPROVED ~ [ OTNER (DESCRIBE) Adopted Qrdmance No. PROCESSED BY CITY SECRETARY DATE