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HomeMy WebLinkAboutOrdinance 8097:~- ORDINANCE NO Q AN ORDINANCE ADOPTING THE 1979 EDITION OF THE UNIFORM MECHANICAL CODE AS AMENDED, REGULATING THE DESIGN, QUALITY OF NiATERIP.LS CONSTRUCTION, LOCATION, AND MAINTENANCE OF HEATING, COMFORT COOLING AND VENTILATING SYSTEMS IN THE CITY OF FORT WORTH, TEXAS PROVIDING FOR THE ISSUANCE OF PERMI_'I'S AND COLLECTION OF FEES THEREFOR PROVIDING FOR THE INSPECTION OF BUILDINGS PROVIDING PENALTIES FOR THE VIOLATIONS THE REOF PRO- VIDING A SEVERABILITY CLAUSE PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES AND CODE SECTIONS PROVIDING A SAVINGS CLAUSE AUTHORIZING PUBLICATION IN PAA4PHLET FORM DIRECTING PUBLICATION OF THE CAPTION, PENALTY CLAUSE AND EFFECTIVE DATE DIRECTING THE ENGROSSMENT AND ENROLLMENT OF THE CAPTION AND PENALTY CLAUSE AND THE FILING OF THIS ORDINANCE AND NAMING AN EFFECTIVE DATE WHEREAS, it is deemed necessary to provide minimum standards to regulate the design, construction materials, .~. location and maintenance of heating, comfort cooling refriger.- ,anon, ventilating and exhaust systems and other miscellaneous heat producing appliances within the City to protect and promote the public safety, health and welfare and WHEREAS, the present Codes are in need of amendments in order to protect and promote the public safety, health and welfare under modern conditions and, WHEREAS, the Mechanical Board of Appeals of the City of Fort Worth has recommended the adoption of the 1979 edition of the Uniform Mechanical Code of the International Conference of Building Officials, with certain amendments NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXA5 t SECTION 1 That the 1979 edition of the Uniform Mechanical Code of the International Conference of Building Officials, appended hereto marked Exhibit A and incorporated herein by reference for all purposes as the same is hereby amended by amendments ~~ _ .~-; .~ appended hereto and marked Exhibit B is hereby adopted as the Mechanical Code of the City of Fort Worth, Texas, from the effective date hereof SECTION 2 That it .shall be unlawful for any person to construct, enlarge alter repair, move improve, convert, equip, use or maintain any heating, comfort cooling, refrigeration, venti- lating or exhaust systems or other miscellaneous heat producing appliances in the City of Fort Worth or cause the same to be done contrary to or in violation of any of the provisions of this ordinance and that a person violating any of the pro- visions of this ordinance shall be deemed guilty of a mis- demeanor, and each such person shall be guilty of a separate offense for each day or portion thereof during which any violation of any of the provisions of this ordinance is committed, continued or permitted, and each. violation shall be punishable by a fine not to exceed $200 00 SECTION 3 That 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 a court of competent juris- diction, such voidness ineffectiveness or unconstitutionality shall not affect any of the remaining phrases, clauses, sen- tences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation herein of any such void ineffective or un- constitutional phrase, clause, sentence, paragrapli.or section -2- ,~ r`- SECTION 4 That Ordinance 7634, and all ordinances amendatory thereto are hereby expressly repealed and superseded by the terms of this ordinance A11 other prior ordinances and City Code sections in conflict herewith are hereby repealed but only insofar as such ordinances and code sections are in conflict with the provisions of this ordinance Mechanical permits heretofore issued under then existing ordinances shall be valid for the time for which they were issued under said ordinances but upon expiration of such permits, the same shall be void SECTION 5 That all rights and remedies of the City of Fort Worth, Texas are expressly saved as to any and all violations of the provisions of Ordinance 7634 or any other ordinance affecting heating, comfort cooling or ventilation systems 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 6 That the City Secretary of the City of Fort Worth Texas, is hereby authorized to publish Exhibits A and B to 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 Section 3, Chapter XXVI of the Charter of the City of Fort Worth, Texas -3- :~. r SECTION 7 That the City Secretary of the City of Fort Worth Texas is hereby directed to engross and enroll this ordinance by copying the caption and penalty clause of same in the minutes of the City Council of the City of Fort Worth Texas and by filing the ordinance in the ordinance records of said City A complete copy of Exhibits "A and B' shall be filed herewith and maintained wherever a complete copy hereof is required for permanent record and inspection. cr, rmTn~T sz 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 five (5) days in the official newspaper of the City of Fort Worth Texas SECTION 9 That this ordinance shall be in full force and effect from and after the date of its passage and publication as required by law and it is so ordained APPROVED AS TO FORM AND LEGALITY City Attorn y ADOPTED ~?L~,,,, ~• ~ ~ I ~/ ~ ~ EFFECTIVE ~~, a~p -4- w• / ~;~" -t/ pity o~ J~®r~ ~U®~°~~,, ~~.~~s Mayor txncl ~o~,an,~~,l ~om.anun~.~at~.ora, DATE REFERENCE SUBJECT Op lOn O e 3t1Ori O PAGE NUMBER the Uniform Mechanical Code 1 of ,- S/~~/stn **G-45.54 Amended The Fort Worth City Council adopted a Mechanical Code in 1970 This Code was modeled from the Uniform Mechanical Code published by the International Confer- ence of Building Officials (ICBO) Local amendments were added to form the Fort Worth Code ICBO updates the model code every three years, and the Mechanical Board and City staff review each new edition The 1979 edition of the Uniform Mechanical Code has been reviewed to determ!in.e how it differs from our present requirements It was noted that Chapters 1 2, 3 6, 7 and 10 have been revised_in their entirety For the most part the changes are editorial to clarify the intent of the Code and to allow raew ma~:.erial and new methods of installation The Mechanical Board has recommended that the local amendments which have been a part of the Code for the-past several years be retr~.ined so ~s not to create undue hardship on remodeling of existing structures These local amendments also include 1 The Fort Worth Mechanical Contractors Licensing requirements 2 Rules and regulations for the Mechanical Board of Appeals and 3 Added information taken from the Building C©d-e in order for it to be available t0 engineers and contractors using the Mechanical Coda;: This proposed Code does not change the effect of construction cost A p~nblic hearYng'on th'e proposed Mechanical Code was held by the Mechanical Board orz April 2 1980 The hearing was advertised and copies of the proposed Ordinance were sent to local organizations with an interest i.n the Mechanical Code T)~.ere were no ob~ec`tions to the proposed changes Recommendation It is recommended that the 1979 Uniform Mechanical Code as amended be adopted as the Mechanical Code of the City of Fort Worth to take effect 60 days after the adoption of the ordinance VS plg Attachment APPROVED BYf CITY COUNCIL SAY ~~ ~s~v SUBMITTED FOR THE CITY MANAGER'S OFFICE BY: ORIGINATING DEPARTMENT HEAD: JOe FOR ADDITIONAL INFORMATION coNrncr Lester Pai DISPOSITION BY COUNCIL: ^ APPROVED OTHER (DESCRIBE) PROCESSED BY Q 9 '~ CITY SECRETARY DATE