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HomeMy WebLinkAboutOrdinance 22058-01-2016 ORDINANCE NO. 22058-01-2016 AN ORDINANCE AMENDING THE FORT WORTH FIRE CODE, CITY CODE CHAPTER 13, CODIFYING ORDINANCES 16027, 16252, 17390, 18443 AND 196079 AND FURTHER AMENDING SECTION 3406.3.1.3.4 WITH UPDATED PROVISIONS FOR SETBACKS FOR ALL USES FROM EXISTING TANK BATTERIES AND EXIST- ING LIFT COMPRESSORS AND FOR PROTECTED USES FROM EXISTING LINE COMPRESSOR SITES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMU- LATIVE; PROVIDING FOR SEVERABILITY; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; PROVIDING FOR EN- GROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. Whereas on September 11, 2013 by the City Council adopted Ordinance No. 20927-09-2013 revising provisions of Chapter 15 of the Gas Ordinance related to line compressor sites, provid- ing for revised minimum setbacks of line compressor sites from Protected Uses; and Whereas in order to provide continuity in the provisions of the City Code, it is necessary to re- vise the current Fire Code to conform with the revised Gas Drilling Ordinance for existing line compressors; to provide the minimum setback allowed to certain types of uses; BE IT HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. Section 13-2 of the Code of the City of Fort Worth (1986) is hereby amended to read as follows: See. 13-2. Amendments. (a) The 2009 edition of the International Fire Code, including the Appendices thereto (Exhibit "A") is hereby amended as provided in this Section. One (1) copy of such amendments is specif- ically incorporated herein by reference and shall be filed in the office of the City Secretary for permanent record and inspection. (b) The 2009 edition of the International Fire Code is hereby amended by revising the following section as follows: Chapter 34 FLAMMABLE AND COMBUSTIBLE LIQUIDS 2016 Fire Code Amendment Ch 3406 Ordinance No. 22058-01-2016 Page 1 of 4 SECTION 3406 SPECIAL OPERATIONS Section 3406 3.1.3.3.1 —Add to read as follows: 3406.3.1.3.3.1 Tank batteries, separators, and equipment. Any protected use, public building or habitable structure shall be set back at least 200 feet from any natural gas tank batteries, separators, or equipment. The distance shall be calculated from the closest tank batteries, well facilities and/or equipment, in a straight line, without regard to inter- vening structures or objects, to the closest exterior point of the building. Section 3406.3.1.3.4. Change to read as follows: 3406.3.1.3.4 Compressor Stations - Natural Gas Facilities. Natural gas compressor stations shall be provided with the following setbacks. 3406.3.1.3.4.1 New Lift or Line Compressors. New natural gas Lift or Line Compres- sors shall have setbacks provided in accordance with the requirements of the Fort Worth Gas Drilling and Production Ordinance. 3406.3.1.3.4.2 Existing Lift Compressor. Any Protected Use, Public Building, or Habitable Structure shall be setback a minimum of three-hundred (300) feet from any existing Lift Compressor site or equipment and buildings not part of the operation of the compressor. 3406.3.1.3.4.3 Existing Line Compressor. Any Protected Use shall be setback a min- imum of six hundred (600) feet from any existing Line Compressor site. Any Public Building or Habitable Structure shall be setback a minimum of three hundred (300) feet from any existing Line Compressor site. Any Protected Use, Public Building or Habitable Structure shall be setback a minimum of two hundred (200) feet from any equipment and buildings not part of the operation of the compressor. Exception: When the line compressor site is located in Light, Medium, or Heavy Industrial zoning districts ("I", "J", or "K"), the setback to a Protect- ed Use shall be a minimum of three hundred (300) feet from any ex- isting fully enclosed Line Compressor sites. 3406.3.1.3.4.3.1 Setback Measurement. The measurement of the setback distance shall be made from the boundary of the Line Compressor Site as permitted by the City of Fort Worth Planning and Development Gas Well Division, in a straight line, without regard to intervening structures or objects, to the closest exterior point of the proposed Protected Use or boundary line of a Public Park or property line of a School. 2016 Fire Code Amendment Ch 3406 Ordinance No. 22058-01-2016 Page 2 of 4 SECTION 2. This article shall be cumulative of all provisions of ordinances of the Code of the City of Fort Worth, Texas (1986), affecting Fire Code provisions, as amended, and shall not repeal any of the provisions of such ordinances, except in those instances where provisions of such ordinances are in direct conflict with the provisions of this ordinance. SECTION 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sen- tences, clauses, and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared void, ineffective, or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such voidness, ineffective- ness, or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, par- agraphs, 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 void, ineffective, or unconstitu- tional phrase, clause, sentence, paragraph, or section. SECTION 4. Any person, firm, or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not to exceed Two Thousand Dollars ($2,000.00) for all violations involving fire safety, or public health and sanitation and shall be fined not more than Five Hundred Dollars ($500.00) for all other violations of this ordinance. Each day or any portion thereof during which any violation of this ordinance occurs or continues shall be deemed a separate offense and upon conviction there- of shall be punishable as herein provided. SECTION 5. All rights and remedies of the City of Fort Worth, Texas are expressly saved as to any and all violations of the previous Fire Code, or any other ordinances affecting construction and fire safe- ty, 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, un- der such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 6. The Fire Department of the City of Fort Worth, Texas, is hereby authorized to publish this ordi- nance 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 provided in Chapter XXV, Section 3, of the Charter of the City of Fort Worth, Texas. 2016 Fire Code Amendment Ch 3406 Ordinance No. 22058-01-2016 Page 3 of 4 SECTION 7. The City Secretary of the City of Fort Worth, is hereby directed to publish the caption and Sec- tion 4 this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas as authorized by Section 2, Chapter XXV of the Charter of the City of Fort Worth, Texas and by Section 52.013 (a) of the Texas Local Government Code. SECTION 8. This ordinance shall take effect upon adoption and publication as required by law. APPROVED AS TO FORM AND LEGALITY: B Ajl�_L��time'y (Imwp5te- - • Melinda Ramos, Mary J. s , Sr. Assistant City Attorney City Secretary Adopted: January 26, 2016 Effective: �wr-Ua_( � � J� 2016 Fire Code Amendment Ch 3406 Ordinance No. 22058-01-2016 Page 4 of 4 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 1/26/2016 - Ordinance No. 22058-01-2016 DATE: Tuesday, January 26, 2016 REFERENCE NO.: **G-18644 LOG NAME: 36CHAPTER15 FIRE CODE AMENDMENT SUBJECT: Adopt Ordinance Amending Chapter 15 of the Fort Worth Fire Code to Align with the Requirements of Article II of Chapter 15, Gas Drilling and Production, of the City Code (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance amending Sections 3406.3.1.3.3.1, 3406.3.1.3.4.3, 3406.3.1.3.4.3 and 3406.3.1.3.4.3.1 of the Fort Worth Fire Code in order to bring the requirements of the Fort Worth Fire Code and the Gas Drilling and Production Ordinance No. 20927-09- 2013 in line with updated provisions for setbacks for all uses from existing tank batteries and existing lift compressors and for protected uses from existing line compressor sites. DISCUSSION: On September 30, 2013, the City Council adopted Ordinance No. 20927-09-2013 revising Chapter 15 of the Gas Drilling and Production Ordinance to include updated provisions for setbacks for all uses from existing tank batteries and existing lift compressors and for protected uses from existing line compressor sites. In order to establish consistent setback guidance within both the Fort Worth Fire Code and Gas Drilling and Production Ordinance, the following amendments are proposed to the Fort Worth Fire Code: • Add language to Section 3406.3.1.3.3.1 establishing a 200-foot setback requirement for any protected use, public building or habitable structure from any natural gas tank batteries, separators, or equipment. • Amend Section 3406.3.1.3.4.2 increasing the minimum setback from 200 feet to 300 feet for any protected use, public building or habitable structure from any existing lift compressor site. • Amend Section 3406.3.1.3.4.3 deleting an exception to a 600 foot setback requirement (reducing to 300 feet) when an existing line compressor sites is fully enclosed and adding an exception to the same 600 foot setback requirement (reducing to 300 feet) when the line compressor site is located in Light, Medium, or Heavy Industrial zoning districts ("I", "J", or"K"). • Add Section 3406.3.1.3.4.3.1 prescribing a specific method of measurement for line compressor setbacks. This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City Logname: 36CHAPTERI5 FIRE CODE AMENDMENT Pale I of 2 funds. FUND IDENTIFIERS (FIDO: TO Fund Department ccoun Project Program ctivity Budget Reference # mount ID ID Year Chartfield 2 FROM Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year Chartfield 2 CERTIFICATIONS: Submitted for City Manager's Office by: Valerie Washington (6192) Originating Department Head: Rudy Jackson (6801) Additional Information Contact: Scott Hanlan (6803) Logname: 36CHAPTER15 FIRE CODE AMENDMENT Page 2 of 2