HomeMy WebLinkAboutOrdinance 23046-12-2017 ORDINANCE NO. 23046-12-2017
AN ORDINANCE AMENDING CHAPTER 7 "BUILDINGS" OF THE
CODE OF THE CITY OF FORT WORTH (2015) AS AMENDED,
AMENDING ARTICLE I "IN GENERAL", SECTION 7-1 "BUILDING
ADMINISTRATIVE CODE" "PART 2 - ADMINISTRATION AND
ENFORCEMENT" "SECTION 111 - CERTIFICATE OF OCCUPANCY"
TO CLARIFY THE AUTHORITY OF THE BUILDING OFFICIAL TO
ISSUE A CERTIFICATE OF OCCUPANCY; 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.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS,AS FOLLOWS:
SECTION 1.
Section 7-1 "Building Administrative Code" "Part 2 "Administrative and Enforcement" of
the Code of the City of Fort Worth (2015) is hereby amended by amending Section 111,
"Certificates of Occupancy" to clarify the authority of the Building Official to issue a certificate
of occupancy, to read as follows:
SECTION 111 - CERTIFICATE OF OCCUPANCY
111.1 Use and occupancy.No building or structure shall be used or occupied, and no change in
the existing occupancy classification of a building or structure or portion thereof shall be made,
until the building official has issued a certificate of occupancy therefore as provided herein.
Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the
provisions of this Code or of other ordinances of the jurisdiction. Certificates presuming to give
authority to violate or cancel the provisions of this Code or other ordinances of the jurisdiction
shall not be valid.
Exceptions:
1. One- and Two-family dwellings and townhouses regulated by the Residential Code and
their associated accessory buildings or structures.
2. Community Homes, as defined in the Zoning Ordinance.
Ordinance No.23046-12-2017
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111.2 Certificate Issued. After the building official inspects the building or structure and finds
no violations of the provisions of this Code or other laws that are enforced by the department, and
clearances have been obtained from all other applicable city departments, agencies, the building
official shall issue a certificate of occupancy that contains the following:
1. The building permit number.
2. The address, legal description and zoning of the location.
3. The name and address of the business and the property owner.
4. A description of that portion of the structure or property for which the certificate is issued.
5. A statement that the described portion of the structure or property has been inspected for
compliance with the requirements of this Code for the occupancy and division of occupancy and
the use for which the proposed occupancy is classified.
6. The name of the building official and the issuing individual.
7. The use and occupancy, in accordance with the provisions of Chapter 3 of the Building
Code.
8. The type of construction as defined in Chapter 6 of the Building Code.
9. The design occupant load.
10. Any special stipulations and conditions of the building permit.
After approval of a final inspection, the applicant or tenant shall have sixty (60) days in
which to obtain a certificate of occupancy. Where no such action is taken within sixty (60) days,
an electrical Ordinance Inspection with the appropriate fees will be required to obtain a certificate
of occupancy.
For existing uses required to obtain a certificate of occupancy, the Building Official may
issue a certificate where evidence is provided showing the building complied with the ordinances
in effect at the time of construction or last occupancy. The Building Official, at his discretion,may
accept documents, including but not limited to: old permits, certificate of occupancies dated after
July 2001, affidavits, tax records and business records as evidence. Where documentation is
insufficient the Building Official may require ordinance inspections in order to determine
compliance.
111.3 Temporary occupancy. The Building Oficial is authorized to issue temporary
certificates of occupancy before the completion of the entire work covered by the permit,provided
that such portion or portions shall be occupied safely.
111.4 Revocation. The Building Official is authorized to, in writing, suspend or revoke a
certificate of occupancy or completion issued under the provisions of this Code,or other applicable
provision, wherever the certificate is issued in error, or on the basis of incorrect information
supplied, or where it is determined that the building, structure or property or portion thereof is in
violation of any ordinance or regulation or any of the provisions of this Code or the Technical
Codes.
The certificate of occupancy shall remain the property of the City of Fort Worth and shall be
surrendered upon request.
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111.5 Posting. The certificate of occupancy shall be posted in a conspicuous place on the
premises and shall not be removed except by the building official.
111.6 Special Certificates of Occupancy. A special Certificate of Occupancy shall be required
as specified in sections 111.6.1 through 111.6.4.
111.6.1 Mobile vendors. Mobile vendors need not register or obtain a license from the City
of Fort Worth. However, a Vendor Certificate of Occupancy as outlined in the Section 5-406 of
the Zoning Ordinance is required and must be renewed annually.
111.6.1.1 Fees.
The annual permit fee for Mobile Vendors is $60.00. A separate permit and associated
permit fee as specified in the appropriate code for the installation of an electrical service or a water
service shall be obtained and paid by the applicant with any vendor application that includes such
service. The payment of these required fees is in addition to the Vendor Certificate of Occupancy
fee specified in Section 119, Table No. 1-B.
111.6.2 Sidewalk Cafes. A Sidewalk Cafd need not register or obtain a license from the City
of Fort Worth. However, a specialized Certificate of Occupancy must be obtained as outlined in
Chapter 20, Article IX of the City of Fort Worth Code. A Specialized Certificate of Occupancy
must be renewed annually.
111.6.2.1 Fees. Fees are set forth in Sec. 20-358 of the Code of Ordinances and are listed
under Table 1-B of this Code.
111.6.3 Sexually Oriented Business. A Sexually Oriented Business need not register or obtain
a license from the City of Fort Worth. However, a Specialized Certificate of Occupancy must be
obtained as outlined in Chapter 5, Article 2 of the City of Fort Worth Zoning
Ordinance. Specialized Certificates of Occupancy must be renewed annually.
111.6.3.1 Fees. Fees are set forth in Sec. 2-321 of the Code of Ordinances and are listed in
Table 1-B of this Code.
111.6.4 Temporary vendors. Temporary vendors required to obtain a Vendor Certificate of
Occupancy as determined by the Zoning Ordinance shall pay the fee as specified in Section 119,
Table 1-B.
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the
City of Fort Worth, Texas (2015), as amended, except where the provisions of this ordinance are
in direct conflict with the provision of such ordinances and such Code, in which event conflicting
provisions of such ordinances and such Code are hereby repealed.
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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 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 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 Planning and 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 upon adoption and publication as required by law.
APPROVED AS T ORM AND LEGALITY: —�
L�� P14&�w
Melinda Ramos, Senior Assistant City Attorney Mary Kayser, C Secr tar
Adopted: December 12, 2017
Effective: J�3 �017
Ordinance No.23046-12-2017
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/12/2017 - Ordinance No. 23046-12-2017
DATE: Tuesday, December 12, 2017 REFERENCE NO.: G-19190
LOG NAME: 06CERTIFICATE OF OCCUPANCY AUTHORITY
SUBJECT:
Adopt Ordinance Amending the City of Fort Worth Building Administrative Code to Clarify the Authority of
the Building Official to Issue a Certificate of Occupancy (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the adoption of the attached ordinance amending the
City of Fort Worth Building Administrative Code, Section 111-Certificate of Occupancy, to clarify the
authority of the Building Official to issue or withhold a certificate of occupancy to allow for the adequate
completion of City infrastructure.
DISCUSSION:
The purpose of this action is to clarify the authority of the Building official to issue or hold a certificate
occupancy for a completed building. We are now paralleling some processes which can cause the building
to be completed before all of the associated developer built City infrastructure is complete. The City of Fort
Worth Building Administrative Code Section 111-Certificate of Occupancy provides the criteria which the
Building Official uses to determine when to issue a certificate of occupancy. Currently, the Code is unclear
on the Building Official's ability to withhold a certificate of occupancy based on the input other city
departments related to the adequate completion of developer built City infrastructure such as water,
sewer, and streets.
It is recommend that City Council authorize the attached amendments to Section 111 of the City of Fort
Worth Building Administrative Code to allow the Building Official to make the necessary determination
based on the level of completion of the developer built City infrastructure. Passing this ordinance will make
it simpler for staff and developers to interpret the code and provide the ability for concurrent processes to
run while departments await acceptance of developer built City infrastructure or recordation of necessary
documents related to the dedication of the infrastructure.
This amendment was identified as part of the development process improvements review that is being
undertaken by Staff in partnership with the Development Advisory Committee. The action allows for more
efficient and timely development in ALL COUNCIL DISTRICTS.
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.
Logname: 06CERTIFICATE OF OCCUPANCY AUTHORITY Page I of 2
FUND IDENTIFIERS (FIDs):
TO _
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year Chartfield 2
FROM
Fund Department ccoun Project Program ctivit Budget Reference # moun
ID ID Year Chartfield 2
CERTIFICATIONS:
Fernando Costa (6122)
Submitted for City Manager's Office by: Jesus Chapa (5804)
Originating Department Head: Randle Harwood (6101)
D.J. Harrell (8032)
Additional Information Contact: Arty Wheaton-Rodriguez (2561)
Logname: 06CERTIFICATE OF OCCUPANCY AUTHORITY Page 2 of 2