HomeMy WebLinkAboutOrdinance 22088-02-2016 ORDINANCE NO. 22088-02-2016
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, APPROVING RESOLUTION NO. 2015-11-225 OF THE
DALLAS/FORT WORTH INTERNATIONAL AIRPORT BOARD WHICH
AMENDS THE CONSTRUCTION AND FIRE PREVENTION
STANDARDS AND ADOPTS THE 2014 NATIONAL ELECTRICAL
CODE AND CERTAIN 2015 SERIES MODEL CODES PUBLISHED BY
THE INTERNATIONAL CODE COUNCIL; PROVIDING FOR A FINE
NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000) PER DAY FOR
ANY VIOLATION THEREOF; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Section 8.F of the 1968 Contract and Agreement, as amended, between the
City of Fort Worth, and the City of Dallas, Texas, provides that the Dallas/Fort Worth
International Airport Board shall have the power, by a duly adopted order, to adopt and enforce
rules and regulations for the orderly, safe, efficient and sanitary operation of the Airport, and to
prescribe reasonable penalties for the breach of any rule or regulation not to exceed the
maximum fines authorized by state law; and
WHEREAS, Sections 22.082 of the Texas Transportation Code, Chapter 22, Subchapter
D and Section 8.F of the 1968 Contract and Agreement, as amended, provide that such orders by
the Dallas/Fort Worth International Airport Board shall become effective only upon approval of
the governing bodies of the Cities of Fort Worth and Dallas and proper publication; and
WHEREAS, on October 29, 2015, the Dallas/Fort Worth International Airport Board
passed, approved, and ordered Resolution No. 2015-11-224, which amends the Construction and
Fire Prevention Standards as well as to adopt the 2014 National Electrical Code and certain 2015
series model codes published by the International Code Council, Inc.; and
Ordinance No.22088-02-2016
Page 1 of 4
WHEREAS, the Dallas/Fort Worth International Airport Board has requested that the
City Councils of the Cities of Fort Worth and Dallas approve its said Resolution No. 2015-11-
224 in order that it may become effective.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH TEXAS:
SECTION 1.
That all of the declarations and findings contained in the preamble of this ordinance are
made a part hereof and shall be fully effective as part of the ordained subject matter of this
ordinance.
SECTION 2.
That Resolution No. 2015-11-224 of the Dallas/Fort Worth International Airport Board, a
duly certified copy of which is attached hereto as Exhibit "A" and is made a part of this
ordinance by reference, is hereby approved.
SECTION 3.
That after publication of a substantive statement relating to the contents of Resolution
No. 2015-11-224 of the Dallas/Fort Worth International Airport Board in a newspaper of general
circulation in each of the counties of Tarrant and Dallas, stating that a breach of any provision of
Resolution No. 2015-11-224 will subject the violator to a penalty, and stating that the full text of
Resolution No. 2015-11-224 and any attachments to it are on file in the principal office of the
Dallas/Fort Worth International Airport Board to be read by any interested party. Resolution No.
2015-11-224 shall thereafter have the same force and effect within the boundaries of the
Ordinance No.22088-02-2016
Page 2 of 4
Dallas/Fort Worth International Airport as an ordinance by the City Council of the City of Fort
Worth would have in the City of Fort Worth, and the penalty shall be enforced in the same
manner in which penalties prescribed by other ordinances of the City of Fort Worth are enforced.
SECTION 4.
That the sections, paragraphs, sentences, clauses and phrases of this ordinance are
severable, and if any phrase, clause, sentence, paragraph or section shall be declared
unconstitutional or invalid by the valid judgment or decree of any court of competent
jurisdiction, the unconstitutionality or invalidity shall not affect any of the remaining phrases,
clauses, sentences, paragraphs, and sections of this ordinance, since the same would have been
enacted without the incorporation of any 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 or
Resolution No. 2015-11-224 shall be fined not more than Five Hundred Dollars ($500.00) or
more than Two Thousand Dollars ($2000.00) for each offense relating to fire safety or public
health and sanitation, including the dumping of refuse. Each day that a violation is committed,
continued, or permitted to exist shall constitute a separate offense.
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 any other ordinances affecting the Code of Rules and
Ordinance No.22088-02-2016
Page 3 of 4
Regulations of the Dallas/Fort Worth International Airport Board 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.
SECTION 7.
That the City Secretary of the City of Fort Worth, Texas is hereby directed to publish the
caption, penalty clause and effective date of this ordinance for two days in the official newspaper
of the City of Fort Worth, Texas, as authorized by Texas Local Government Code, Section
52.013.
SECTION 8.
That this ordinance shall take effect immediately from and after its passage and
publication as required by law, in accordance with the provisions of the Charter of the City of
Fort Worth, and it is accordingly so ordained.
APPROVED AS TO FORM AND LEGALITY:
PIC out/Le
Paige Mebane, Assistant City Attorney Mary J. r; Uy Secretary
Adopted: February 9,2016
Effective: Fe bCUaN ,.Q j,
Ordinance No.22088-02-2016
Page 4 of 4
City of Fort worth, Texas
Mayor and Council Communication
COUNCIL ACTION. Approved on 2/9/2016 - Ordinance No. 22088-02-2016
DATE: Tuesday, February 09, 2016 REFERENCE NO.: **G-18666
LOG NAME: 55DFW AMENDMENTS TO FIRE AND PREVENTION CODE
SUBJECT:
Adopt Ordinance Approving Dallas/Fort Worth International Airport Board Resolution No. 2015-11-224
Approving Amendments to the Construction and Fire Prevention Standards and Adopting the 2014
National Electrical Code and Certain 2015 Series Model Codes Published by the International Code
Council, Inc. (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance approving Dallas/Fort Worth
International Airport Board Resolution No. 2015-11-224, which approves amendments to the Construction
and Fire Prevention Standards and adopts the 2014 National Electrical Code and certain 2015 series
model codes published by the International Code Council, Inc.
DISCUSSION:
Both State law and the 1968 Contract and Agreement between the Cities of Fort Worth and Dallas require
that any amendments to the Code of Rules and Regulations of the Dallas/Fort Worth International Airport
Board (D/FW Rules and Regulations) must be approved by the City Councils of both Fort Worth and
Dallas.
The Dallas/Fort Worth International Airport Board (D/FW Board) is requesting that the Fort Worth City
Council and the Dallas City Council approve proposed changes to the Construction and Fire Prevention
Standards and adoption of the 2014 National Electrical Code and certain 2015 series model codes
published by the International Code Council, Inc. (ICC). Resolution No. 88-147, the Construction and Fire
Prevention Standards Resolution, was approved by the Board on June 7, 1988 to establish standards for
construction and fire prevention. Updated model construction and fire codes are adopted from time to
time to ensure the health, safety and welfare of the public and to stay current with state and federal
regulations.
• The model codes set the minimum requirements for building design, construction and operation to
protect public health, safety and natural resources that sustain us.
• The international codes are developed with several goals in mind: to safeguard public health, safety and
welfare and to provide for the safety of firefighters and emergency responders.
• The Texas Energy Systems Laboratory has recommended to the State Energy Conservation Office that
the 2015 International Energy Conservation Code (IECC) be adopted as the new Texas Building Energy
Performance Standards for commercial, industrial and residential buildings.
At its meeting on October 29, 2015, the D/FW Board unanimously adopted D/FW Board Resolution No.
2015-11-224 and recommended that the Resolution be submitted to the Cities of Fort Worth and Dallas for
their approval. The Dallas City Council voted to approve the amendments contained in D/FW Board
Logname: 55DFW AMENDMENTS TO FIRE AND PREVENTION CODE Page I of 2
Resolution No. 2015-11-224 at its January 27, 2016 meeting.
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION /CERTIFICATION:
The Director of Finance certifies that this action will have no material effect on City funds.
FUND IDENTIFIERS (FlQ§J:
TO
Fund Department ccounj Project Program ctiviity Budget Reference # moul
I ID ID Year (Chartfield 2)
FROM
Fundl Department ccounj Project JProgram ctivity Budget Reference # mounl
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CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Bill Welstead (5402)
Shannon Davis (5409)
Additional Information Contact: Paige Mebane (7618)
Logname: 55DFW AMENDMENTS TO FIRE AND PREVENTION CODE Page 2 of 2