Loading...
HomeMy WebLinkAboutOrdinance 9282 4 ?- ~_ ~ - iM ORDINANCE NO. ~~D s'~ ~ ~ r`~ u AN ORDINANCE CREATING THE CONSTRUCTION AND FIRE PREVENTION r BOARD OF APPEALS OF THE CITY OF FORT WORTH; PROVIDING FOR THE NOMINATION AND APPOINTMENT AND TENURE OF MEMBERS; PRO- VIDING FOR PUBLIC HEARINGS, MEETINGS AND PROCEDURES THERE- FOR; PRESCRIBING THE AUTHORITY AND POWERS OF THE BOARD; PROVIDING FOR APPEAL FROM DECISIONS OF THE' BUILDING OFFI- CIAL AND FIRE CHIEF; PROVIDING FOR A STAY OF PROCEEDINGS UPON APPEAL; PROVIDING FOR THE ADOPTION OF STANDARDS; PROVIDING FOR THE TERMINATION OF THE BUILDING CODE BOARD OF APPEALS: PROVIDING THAT THIS ORDINANCE SHALL BE CUMULA- TIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENAL CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ENGROSS- MENT AND ENROLLMENT; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN A NEWSPAPER; AND PRO- VIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. TITLE This ordinance shall be cited as the City of Fort Worth Construction and Fire Prevention Standards Ordinance. SECTION 2. PURPOSE The City Council finds that there is a need to provide the cit- izens of the City of Fort Worth, Texas, with safe, affordable, and well constructed housing, commercial buildings and other structures . in which these citizens can work, play and live. It is the specific intent of the City Council that standards for construction and fire prevention be used for the welfare and safety of the City's citi- tens. The City Council finds that construction and fire prevention standards change from time to time and that construction and fire prevention standards should stay current with modern practices of construction and fire safety. In carrying out these purposes, it is the intent of the City Council that such construction and fire pre- vention standards be adopted as outlined herein and that a Construction and Fire Prevention Board of Appeals be given cogni- zance over matters pertaining thereto. ~F" nx~ _ a • ~ a~' ~ ~ t ~~ I.t is the intent of the City Council that compliance with the construction and fire prevention standards contained herein is the responsibility of the citizens and business to which they apply; and that neither the Construction and Fire Prevention Board of Appeals nor the City of Fort Worth, its officers, agents and employees, shall be liable or responsible for any errors or omissions arising out the the enforcement or failure to enforce these standards. SECTION 3. CREATION OF BOARD "The City Council hereby establishes a Construction and Fire Prevention Board of Appeals (the Board) for the purpose of determin- ing the acceptability and adequacy of materials, equipment and methods of construction and for interpretation of these standards. The City Council shall adopt construction and fire prevention stan- Bards which will be applicable throughout the City. Construction and fire prevention standards shall include but not be limited to Building Codes, Substandard Building Codes and Fire Codes as may be adopted by the City Council and amended from time to time. These construction and fire prevention standards shall not include codes or ordinances such as the Electrical Code, Mechanical Code and Plumbing Code, which are under the cognizance of other duly appointed City boards or commissions. SECTION 4. COMPOSITION OF BOARD; APPOINTMENT OF MEMBERS The Board shall consist of nine members to be appointed in the following manner: Place 1. One architect to be nominated by the Fort Worth Chapter of the American Institute of Architects Place 2. One home builder to be nominated by the Fort Worth Home Builders' Association Place 3. One general building contractor to be nominated by the Fort Worth Chapter of the Associated General Contractors Place 4, One structural engineer to be nominated by the Fort Worth Branch of the Texas Society of Professional Engineers Place 5. One mechanical engineer to be nominated by the Fort Worth Branch of the Texas Society of Professional Engineers -2- '~' { .f ~~ Place 6. One building owner or manager to be nominated by the Building Owners and Managers Association of F ort Worth Place 7. One person qualified in design and installation of sprinklers to be nominated by the City Manager Place 8. One fire insurance underwriter to be nominated by the City Manager Place 9. One expert in hazardous materials and chemicals to be nominated by the City Manager The City Manager shall appoint members to the Board from time to time subject to the consent of the City Council. If nominations are not received from nominating organizations within 45 days of the date when requested, the City Manager may entertain nominations from other sources. At such time as all members of the Board are sworn in, the Building Code Board of Appeals shall cease to exist and shall have no further powers or duties. All cases and other matters pending at that time before the Building Code Board of Appeals shall thereafter be under the jurisdiction of the Construction and Fire Prevention Board of Appeals for purposes of consideration and dispo- sition. Thereafter, whenever any reference to the Building Code Board of Appeals is made in any ordinance adopted prior to this ord- inance, such reference shall be deemed to refer to the Construction and Fire Prevention Board of Appeals as created herein. All members, upon being sworn in, shall become officers of the City of Fort Worth. SECTION 5. TERMS OF MEMBERS Members appointed to the odd numbered places shall serve terms which expire October 1, 1985. Members appointed to the even numbered places shall serve terms which expire October 1, 1986. Thereafter, members shall serve two-year terms . No member shall serve more than three consecutive two-year terms; and the terms of current members of the Building Code Board of Appeals who may be appointed to the -3- '~ r. ~~ ,. Construction and Fire Prevention Board of Appeals shall be counted toward the limit of terms to be served for purposes of this ordi- nance. Members shall serve until their successors are appointed. SECTION 6. MEETINGS; QUORUM All meetings of the Board shall be open to the public as pro- vided by law. Five (5) members of said Board shall constitute a quorum to transact business. Every matter before the Board for vote shall require for final passage the affirmative vote of a majority of the members present and voting. The first meeting of the Board following its appointment shall be at such time and place as called by the Building Official. Thereafter the Board shall hold meetings at such time and place as called by the Chairman or one lawfully acting in that capacity. SECTION 7. BYLAWS AND RECORDS At its first meeting the Board shall elect one of its members as Chairman, and he shall keep a record of the proceedings and deci- sions, and a copy of same shall be filed in the office of the Building Official. Thereafter, the Board shall hold an organiza- tional meeting in October of each year, at which time it shall elect a Chairman before proceeding to other matters of business. The Board shall establish its own rules of procedure and shall amend them from time to time as it deems necessary. The Building Official shall serve as Secretary to the Board. SECTION 8. AUTHORITY AND POWER The Board shall have the authority and power to: 1. Hear appeals on interpretations by the Building Official on the Building Code. The Board may modify in whole or in part or may affirm the interpretation of the Building Official. No interpre- tations shall be heard by the Board until the Building Official has -4- 3 ,, ,: ~~ ~. rendered a written interpretation. It shall be incumbent upon the Building Official to render a written interpretation within thirty (30) days of request. 2. Hear appeals on interpretations by the Fire Chief on the Fire Code. The Board may modify in whole or in part or may affirm the interpretation of the Fire Chief. No interpretations shall be heard by the Board until the Fire Chief has rendered a written interpretation. It shall be incumbent upon the Fire Chief to render a written interpretation within thirty (30) days of request. 3. Approve alternate methods of construction and fire preven- tion where it is impractical to meet the adopted construction and fire prevention standards, provided that the Board finds the same degree of suitability, strength, effectiveness, fire resistance, durability, sanitation and safety exists in the alternate method as intended by the standards. 4. Approve new methods of construction and fire prevention not covered by the construction and fire prevention standards, pro- vided that the Board finds the same degree of suitability, strength, effectiveness, fire resistance, durability, sanitation and safety exists in the new method as intended by the standards. 5. The Board, in approving new materials and processes, shall rely upon recognized standards or practices. The Board shall have no power to otherwise limit, modify or change these construction and fire prevention standards. Further, all technical amendments to the Substandard Building Code shall be reviewed by the Construction and Fire Prevention Board of Appeals. SECTION 9. RIGHT OF APPEAL Any person, firm, company or corporation aggrieved by any deci- sion or order of the Building Official or Fire Chief may appeal such decision or order to the Board. Every appeal must be in writing and must be filed in triplicate with the Building Official within thirty (30) days from the date of the decision or order appealed from. The Board shall not consider any appeal that is filed after the thirty -5- ~~ t~+ i., (30) day period. Such appeal shall contain appropriate reference to the decision or order appealed from, as well as the grounds for the appeal. At the time of filing an appeal, the appellant shall pay an appeal fee of Fifty Dollars (.$50.00). SECTION 10. AGENDA AND RECORDS The agenda for the Board shall be prepared by the Building Official and shall be posted as required by law. All records and evidence pertinent to any appeal shall be transmitted to the Board prior to the hearing by delivery to the Building Official. Records of all appeals shall be kept in the office of the Building Official. The Building Official shall transmit copies of appeal records to the Fire Chief. SECTION 11. HEARING The Board shall fix a reasonable time for the hearing of an appeal and shall give notice of said hearing in writing to the parties in interest. Parties may appear before the Board in person. by agent or by attorney. The Board may require additional data and tests necessary for adequate decision of the appeal. The Board shall notify the appellant of its decision. SECTION 12. STAY OF PROCEEDINGS An appeal shall stay all proceedings in connection with the decision or order appealed from, unless and until the Building Official or Fire Chief shall have certified to the Board after notice of appeal has been filed that a stay would cause hazard to life or property. Any work done contrary to the order of the Building Official or Fire Chief after filing an appeal hereunder, -6- ~`- ~; ~. pending the determination of such appeal, shall be subject to nulli- fication should the order be affirmed and may not be considered by the Board as mitigating or extenuating circumstance. SECTION 13. ENFORCEMENT The Building Official and Fire Chief shall enforce and execute all decisions and orders of the Board for which they are respective- ly responsible. SECTION 14. EX-OFFICIO MEMBERS The Building Official and the Fire Chief or their designated representatives shall be ex-officio members of the Board. Ex-officio members will submit a report by January 31 of each year recommending amendments to these construction and fire prevention standards which shall contain an overview of the past year's operation. The Board may make recommendations to the City Council for amendments to stan- dards accordingly. SECTION 15. This ordinance shall be cumulative of all 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 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 16. 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- -7- ,d~. '-~ 1 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 17. 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 and such codes shall be fined not more than One Thousand Dollars ($1,000) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 18. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of the Building Code, the Substandard Building Code or the Fire Code or any other ordinances affecting construction or fire prevention 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 19. The City Secretary of the City of Fort Worth, Texas, is hereby authorized to publish this ordinance i.n 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. -8- y, rti .; •-r. ~ • SECTION 20. The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption, Sections 1 through 14, Section 17 and Section 22 in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECTION 21. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption, Sections 1 through 14, Section 17 and Section 22 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. SECTION 22. 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: 559", ity Attorney Date: lcl 8 ADOPTED: ,.'" C EFFEC E: -9- r ~M ~'`~ r"" ~~ ~"~ ~ it o wort worth ~"exas ,~ y f CITY MAVnsse.n 1 ~/ J'~X ACCDUNTJNG 2 ~„~~"" aCCJ~o~ aid cCoun~i~ iComma,~nication TRANSPORTATIDNjPUBLIC WORKS.6 F,RE ADMINIST DEVELOFMENI~. LAV/•1 rll~l-s€ REFERENCE SUBJECT Construction and Fire PAGE NUMBER Prevention Standards lof 2 12 h R/A4 G-6198 Ordinance Houses, commercial buildings and other structures erected within the City of Fort Worth must comply with standards for construction and fire prevention. Because these standards are necessarily related in their application to con- strdction and fire safety, it is advisable that one City board have cognizance over all matters related thereto. The Department of Law, in conjunction with the Development Department and the Fire Department, has written an ordinance creating a nine-member Construction and Fire Prevention Board of Appeals, which would have ~urisdictioa over Fire Code, Building Code and Substandard Building Code matters. The Board will have the following authority and powers: 1. Rearing, appeals from decisions of the Fire Chief and Building Official; 2. Approving alternate methods and new methods of construction and fire prevention; 3. Approving new materials and processes for construction. Composition of the Board shall be as follows: Place 1. One architect to be nominated by the Fort Worth Chapter of the American Institute of Architects Place 2. One home builder to be nominated by the Fort Worth Home Builders' Association Place 3. One general building contractor to be nominated by the Fort Worth Chapter of the Associated General Contractors Place 4. One structural engineer to be nominated by the Fort Worth Branch of the Texas Society of Professional Engineers Place 5. One mechanical engineer to be nominated by the Fort Worth Branch of the Texas Society of Professional Engineers Place 6. One building owner or manager to be nominated by the Building Owners and Managers Association of Fort Worth Place 7. One person qualified in design and installation of sprinklers to be nominated by the City Manager Place 8. One fire insurance underwriter to be nominated by the City Manager Place 9. One expert in hazardous materials and chemicals to be nominated by the City Manager Members shall serve staggered two-year terms expiring on October 1. At such time as all members of the Construction and Fire Prevention Board of Appeals are sworn in, the Building Code Board of Appeals shall cease to exist and shall have no further powers or duties. The Fire Department, Development Department and the City Manager's office are in agreement with this proposal. ~~ DATE REFERENCE SUBJECT Construction and Fire PACE NUMBER Prevention Standards 2 2 12/18/84 G-6198 Ordinance of Recommendation It is recommended that the City Council adopt the attached ordinance creating a Construction and Fire Prevention Board of Appeals, as described above. WA:ibba Attachment i FJ~~~Q~~~ 8Y ~IT1' COUNCIL ~.~PV•~,~ X985 ~~ ~~~~~ ~~{7l S®or®tnry of fh e Cftgr of ~ ~~ SUBMITTED FOR TH CITY MANAGER'S DISPOSITION BY COUNCIL. PROCESSED BY OFFICE BY ^ APPROVED ORIGINATING L7 OTHER (DESCRIBE) DEPARTMENT HEAD: JOe Bilardi CITY SECRETARY FOR' ADDITIONAL INFORMATION CONTACT Lester Pai ~ ~Q ted Ordinance No DATE a ,