HomeMy WebLinkAboutOrdinance 19118-04-2010 ORDINANCE NO. 19118-04-2010
AN ORDINANCE AMENDING CHAPTER 26, "PLUMBING" OF
THE CODE OF THE CITY OF FORT WORTH (1986) AS
AMENDED, BY AMENDING SECTION 26-2 "AMENDMENTS"
SECTION C05 OF THE FORT WORTH PLUMBING CODE BY
PROVIDING FOR AN INCREASE IN THE PERCENTAGE OF
FEES COLLECTED FOR THE PLAN REVIEW AND THE
INSPECTION OF RESIDENTIAL BUILDINGS BY APPROVED
THIRD PARTY ORGANIZATIONS; PROVIDING PENALTIES
FOR THE VIOLATION THEREOF; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN PAMPHLET FORM;
PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Fort Worth has heretofore enacted provisions allowing
for the plan review and inspections of construction projects by separate third party
organizations, has enacted an amendment to the fees charged for those individuals taking
advantage of the third party option, and at this time considers it appropriate to increase
the percentage of fees collected by the City for third party residential projects;
WHEREAS, the City of Fort Worth will continue to provide for the holding of a
deposit to cover third party plumbing inspections as required by the Texas State Board of
Plumbing Examiners;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS,AS FOLLOWS:
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SECTION I.
Section 26-2, "Amendments" of the Code of the City of Fort Worth (1986) is
hereby amended by amending Section C05 of the Fort Worth Plumbing Code by
providing for an increase in the percentage of fees collected for plan review and
inspection of residential buildings by approved third party organizations, to read as
follows:
SECTION C05
*Section C05.2; changed to read as follows:
C05.2 Permit fees. The fee for each permit shall be as set forth in Table C05.2.
Any person obtaining a permit application required by this code shall, at the time
of filing, pay a permit and a non-refundable application fee as required by this section for
the installation, relocation or replacement of any of the listed items.
Exceptions:
1. Where the fees for new structures and additions to structures have been
collected on a building permit, the permit fee is not required but the
permit application shall be filed by the person doing the work before
work is commenced.
However, an additional 10% deposit of the building permit fee for
new construction and additions with plumbing work shall be required to
cover third party plumbing inspections. For new one- and two-family
dwellings inspected by third party, a flat deposit of eighty dollars
($80.00) shall be collected. Such deposit shall be used to pay, through a
billing process established by the Development Department, for the
plumbing inspection services performed.
2. Where these fees are being invoiced monthly and the account is past
due, a penalty and/or interest charge as prescribed by the jurisdiction
shall be assessed. The above assessed fee and delinquent payment
shall be paid before additional permits will be issued or additional
inspections performed.
3. Buildings or structures owned and occupied by a Federal, State, or
County entity on property owned by the Federal, State, or County
entity shall be exempt from the permit fees. This exception does not
apply to public school districts or county community colleges.
4. Work by non-City personnel on property under the control of the City
of Fort Worth shall be exempt from the permit fees only if the work is
for action under a contract approved by City Council with notes in the
contract packages stating the fee is waived.
5. Work by City personnel on property under the control of the City of
Fort Worth shall be exempt from the permit fees only if the application
is accompanied by a copy of the work order for the project.
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6. When the project is to be inspected by an approved third party
organization as described in Section C08, the permit fee shall be
reduced by multiplying the sum by 35% (0.35). The resulting amount
will be calculated to the penny with no rounding for the tenth of a
penny figure.
However, the 65% remaining amount shall be collected as a
deposit to cover third party plumbing inspections. Such deposit shall
be used to pay, through a billing process established by the
Development Department, for the plumbing inspection services
performed.
Exemption or reduction of the permit fees under this section shall not waive the
requirements to pay a full investigation fee for doing work without a permit as required
under Section C05.3.
*Table C05.2; replace with new table to read as follows:
Table C05.2
Schedule of Fees
Administrative
1. CFPBOA Application Fee
(I st item per address) . $125.00
(Each additional item per address) 30.00
2. Permit Application Fee 22.00
3. Record Change Fee (per record or permit) 22.00
Permit items
First Fixture or Appliance 7.82
Additional Fixtures or Appliances (each) 3.20
Sewer- First 120 feet . 7.82
Each additional 100 feet or portion thereof 7.45
Gas Service 7.82
Each Lawn Sprinkler System 31.31
Water Service— First 120 feet 7.82
Each additional 100 feet or portion thereof 7.45
Water Submeter 3.20
Grease Trap or Interceptor 7.82
Sand Trap 14.93
Each Roof Drain 7.45
Temporary Gas Service 7.82
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Backflow Preventer 7.82
Floor Drain 3.20
Mobile Homes or Mobile Units
Each mobile home space or mobile unit space 28.46
Each sewer vent 17.07
Manhole 24.90
Test Well 7.82
Medical gasses and vacuum system 33.00
'For the purpose of this table,a sanitary plumbing outlet on or to which a plumbing fixture or appliance may be set or attached,or any
plumbing fixture or appliance to which a water connection may be made,shall be construed to be a fixture. Fees for reconnection
and retesting of existing plumbing systems in relocated buildings shall be based on the number of plumbing fixtures,gas systems,
water heaters,etc.,involved.
2When inspections are performed by third party,the permit fee shall be reduced by multiplying the sum by 35%(0.35). The resulting
amount will be calculated to the penny with no rounding for the tenth of a penny figure.
Other Inspections and Fees
1. Inspections outside of normal business hours (minimum of two hours) $38.00 per hour
2. Reinspection fee assessed under provisions of 006.6 $27.50
3. Inspections for which no fee is specifically indicated
(minimum charge - one-half hour). $38.00 per hour
4. Additional plan review required by changes, additions or revisions
to plans (minimum charge - one-half hour) $38.00 per hour
5. Inspections outside of city limits (commercial) $49.501 per inspector
(residential) $66.001 total
1 Or$33.00 per hour,whichever is greater.
SECTION 2.
This article shall be cumulative of all provisions of ordinances and of the Code of
the City of Fort Worth, Texas (1986), as amended, except where the provisions of this
article 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 3.
It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move,
improve, remove, convert, demolish, equip, use, occupy, or maintain any building or
structure in the City or cause the same to be done contrary to or in violation of any of the
provisions of this Code. Any person, firm or corporation violating any of the provisions
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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 thereof shall be
punishable as herein provided.
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 void,
ineffective, or unconstitutional by the valid judgment or final decree of any court of
competent jurisdiction, such voidness, ineffectiveness, or 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 void, ineffective, or unconstitutional phrase,
clause, sentence, paragraph, or section.
SECTION 5.
This ordinance constitutes a digest and revision of the Building Code of the City of
Fort Worth, as provided in Section 2, Chapter XXV, and Section 9, Chapter XXVII, of
the Charter of the City of Fort Worth. The Development Department 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 provided in Chapter XXV, Section 3, of the Charter of the City of
Fort Worth, Texas.
SECTION 6.
The City Secretary of the City of Fort Worth, is hereby directed to publish the
caption, penalty clause, and effective date of 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.
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SECTION 7.
This ordinance shall take effect on May 10, 2010 after adoption and publication as
required by law.
APPROVED AS TO FORM AND LEGALITY:
Assistant City Attorney
Adopted: April 20, 2010
Effective: May 10, 2010
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 4/20/2010 - Ord. No, 19117-04-2010, 19118-04-2010,
19119-04-2010, and 19120-04-2010
DATE: Tuesday, April 20, 2010 REFERENCE NO.: G-16902
LOG NAME: 061010 THIRD-PARTY RESIDENTIAL FEES
SUBJECT:
Adopt Ordinances Amending the Building, Plumbing, Mechanical and Electrical Codes to Increase Fees
Collected from Third-Party Companies Performing Residential Inspections and Plan Reviews
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinances amending the City's Building,
Mechanical, Plumbing and Electrical Codes, City Code sections 7-47, 7-167, 26-2 and 11-2, respectively
to increase the permit fees assessed to third-party firms performing residential inspections and plan
review services.
DISCUSSION:
In 1999, during a period of record-setting residential growth and development, the third-party inspection
program was developed to supplement the city's inspection and plan review services. Independent
companies were certified to perform plan reviews and inspections in accordance with the city's adopted
construction codes. The third-party firms pay a defined percentage of the city's permit fees to the city in
order to reflect the city's processing costs while also reflecting the reduced city workload resulting from the
tasks performed by the private firms.
In the last two years, city staff has revamped the Third-Party program in order to improve the quality of the
services delivered by the approved private firms. Staff implemented the following changes:
• Executed contracts formalizing the relationship between the city and third-party companies;
• Daily automated submission of inspection results; and,
• Monthly compilation of performance statistics for each third-party company.
With the increased program monitoring, the resources needed to administer the program are not being
recouped by fees collected under the current third-party fee structure. The costs to the city include
processing of all documents and applications, quality assurance review on at least 10 percent of all plans
reviewed and inspections performed, technology support for the on-line interface of inspection data,
contract management and performance review.
City staff surveyed regional cities with functioning third-party programs and found that the only two cities of
near comparable size, Arlington and El Paso, are utilizing Third-Party services. Both charge 100 percent
of the base permit fee for Third-Party projects. Staff has met with various stakeholders and reached
agreement that due to the current stress in the housing market and the other pressures of fees associated
with the transportation infrastructure needs, staff is recommending an incremental increase as depicted in
the following table:
Logname: 061010 THIRD-PARTY RESIDENTIAL FEES Pagel of 2
Summary of Proposed Changes
Third-Party ;Current Percent of Base Permit Fee Proposed Percent of Base
Service to City Permit Fee to City
.Inspections only 55 55
Plan Review only 70 70
Inspections and 25 35
IPlan Review I
rade Inspections 25 35
_ _ ...
Example - New S-F House (2,000 square feet)
Base Fee 3rd Party Pays City 25 Percent of 3rd Party Pays City 35
!Base Fee 'Percent of Base Fee
885 14 $221.29 $309 81
. . ...__...__. .
It is anticipated that the annual revenue would increase by $352,548.00 based on construction volumes in
Fiscal Year 2009. No changes are recommended for commercial projects because they typically require
less oversight to ensure compliance due to their engineered plans and project management. Staff will
review this collection rate annually to assess the effect of the budget adjustments on direct and indirect
costs associated with this program.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that the Planning and Development Department is
responsible for the collection and deposit of funds due to the City.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 4VARIOUS 0062000 $352,548.00
CERTIFICATIONS:
Submitted for City Manager's Office by. Fernando Costa (6122)
Originating Department Head: Susan Alanis (8180)
Additional Information Contact: David Hall (7844)
Logname: 061010 THIRD-PARTY RESIDENTIAL FEES Page 2 of 2