HomeMy WebLinkAboutOrdinance 19119-04-2010 ORDINANCE NO. 19119-04-2010
AN ORDINANCE AMENDING CHAPTER 7 "BUILDINGS" OF
THE CODE OF THE CITY OF FORT WORTH (1986) AS
AMENDED, BY AMENDING SECTION 7-167 "AMENDMENTS",
SECTION C05 OF THE FORT WORTH MECHANICAL CODE,
TO PROVIDE 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;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS:
SECTION 1.
Section 7-167 "Amendments" of the Code of the City of Fort Worth (1986) is
hereby amended by amending Section C05 of the Fort Worth Mechanical 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:
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*Table C05.2; replace with a new table to read as follows
Table C05.2
Schedule of Fees
Administrative
1. CFPBOA Application Fee
(1 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*
Forced Air Heating-Furnaces Including
Ducts and/or Vents Attached Thereto:
Capacity to and including 100,000 BTU input or 20 KW 4.62
Over 100,000 BTU or 20 KW
and including 400,000 BTU or 40 KW 7.82
Heating Appliances Non-Ducted Air
Gas Unit or Room Heater, including vent 4.62
Gas Wall Heater, including vent 4.62
Gas Floor Furnace, including vent 4.62
Gas Infra-red Heating Unit 4.62
Electric Heater, Wall, Space, Unit, etc. 4.62
Energy-Using Heat Appliance Other Than Above
Per 1,000 BTU Input - 0.09
Minimum 4.97
Per 1 KW - 0.23
Minimum 4.97
Each Low or High Pressure Steam or Hot Water Boiler Rated
in either BTU's Input, Boiler Horsepower Output, or KW
Per 1,000 BTU's Input - 0.09
Minimum 4.97
Per Boiler HP Output - 2.05
Minimum 4.97
Per KW - 0.23
Minimum 4.97
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Each Absorber Unit, Electrical Reciprocating, Centrifugal, or Rotary Compressor,
Condensing Unit,or Chiller Unit, Each on its Normal Capacity Rating
Up to and including 2 tons 4.62
Over 2 and including 3 tons 7.82
Over 3 and including 5 tons 12.45
Over 5 and including 7-1/2 tons 17.07
Over 7-1/2 and including 10 tons 22.05
Over 10 and including 30 tons, per ton 1.98
Over 30 and including 100 tons, per ton 1.82
Over 100 and including 320 tons, per ton 1.56
Over 320 and including 520 tons, per ton 1.19
Over 520 tons, per ton 0.90
Each Roof-Top or Combination Unit, Including Ducts and Drains
Heating
Cooling and
Only Coolin
Up to and including 3 tons $ 7.82 $15.65
Over 3 and including 5 tons 12.45 22.05
Over 5 and including 7-1/2 tons 17.07 29.17
Over 7-1/2 and including 10 tons 22.05 34.87
Over 10 tons, per ton 3.20 3.90
Roof-Top Heating Only
Unit per 1,000 BTU - 0.09
Minimum 4.97
Through-the-Wall A/C Units
All Sizes, Each 6.40
Cooling Tower, Evaporative or Air-Cooled Condenser,
Tonnage Based on Local Design Conditions
All size units, per ton refrigeration capacity - 0.77
Minimum 4.97
Cooling-Heating Coils
D.E. or Chill Water per ton - 0.77
Minimum 4.97
Steam or Hot Water, per 1,000 BTU - 0.09
Minimum 4.97
Fan and Coil Units including Drains and Ducts
Cool and Heat, per ton - 1.56
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Minimum 4.97
Cool only, per ton - 0.77
Minimum 4.97
Heating Unit only, per 1,000 BTU - 0.09
Minimum 4.97
Electrical Heat Strips for Units or Duct Installations
Per KW - 0.23
Minimum 4.97
Mixing Box - Conditioned Air 1.56
Mixing Box - Forced Air 3.20
Duct Addition or System not included elsewhere,
per outlet - 0.77
Minimum 4.97
Miscellaneous
Commercial food preparation hood - Grease Type I 12.45
Commercial food preparation hood - Heat or Moisture Type II 9.25
Commercial hood exhaust fan - Grease 7.82
Commercial hood exhaust fan - Heat or Moisture. 6.42
Commercial hood exhaust duct - Grease 7.82
Commercial hood exhaust duct - Heat or Moisture 6.42
Commercial kitchen make-up air unit 7.82
Commercial hood automatic electronic smoke extractor 24.90
Automatic fire-extinguishing equipment system 24.90
Range hood exhaust duct, for R Occupancy 1.56
Toilet exhaust fan and/or duct (per inlet) 1.56
Ventilation fan and duct system 6.42
Industrial hood 9.25
Mechanical ventilator 6.42
Flue replacement - U.L. labeled 6.42
Flue or stack for commercial and industrial appliances 7.82
Humidifier 3.20
Vented decorative appliance 6.42
Commercial clothes dryer exhaust duct 7.82
Domestic clothes dryer exhaust duct 1.56
Incinerator, per 1,000 BTU - 0.09
Minimum 4.97
Incinerator modification 78.28
Condensate drain-French sump 4.97
Fire or smoke damper 1.56
Circulating water pump 1.56
Evaporative cooler 6.42
Automatic shutoff- products of combustion 7.82
Solar energy system 46.97
Heat recovery devices per 1,000 BTU - 0.09
5
Minimum 15.11
Gas Extension - Test 7.82
For each appliance or piece of equipment by this ordinance
for which no other fee is listed 7,82
*When inspections are perfonned by third party,the pennit 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 C06.6 $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
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
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provisions of this Code. 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 (52,000.00) for all
violations involving fire safety, or public health and sanitation and shall be fined not
more than Five Hundred Dollars (5500.00) 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.
APP OVED AS TO FORM AND LEGALITY:
," rm�'
Assistant City Attorney
Adopted: April 20, 2010
Effective: May 10, 2010
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City of Fort Worth, Texas
Mayor and Council Communication
COO, NIL ACTION;: Approves#on 4/2012010 -ar& W 19119-04-2010;w 1911 10
.19119-04-2010, and 19120-04.2010 w
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
Sum_mart' of Proposed Changes
Third Party �Cu err nt Percent of Base Permit Fee Proposed Percent of Base
,Service to City ;_Permit Fee to City I
ilnspections only 55 _ 55
;Pla Rn eview only ;70 w 70
Inspections and 25 135
Plan Review !
_ ---_-___ _.
rade Inspections,25 35
,Example - New S-F House (2,000 square feet) l
'Base Fee 3rd Pa rty Pays City 25 Percent of 13 rd Party Pays City 35
;Base Fee Percent of Base Fee
$885.14 ;$221.29 09.81 !
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