HomeMy WebLinkAboutOrdinance 19603-03-2011ORDINANCE NO. 19603-03-2011
AN ORDINANCE AMENDING THE FORT WORTH MECHANICAL CODE, BY
ADOPTING THE 2009 INTERNATIONAL MECHANICAL CODE, WITH LOCAL
AMENDMENTS; AMENDING SECTIONS 7-166, 7-167, 7-168 AND 7-169 OF THE CODE
OF THE CITY OF FORT WORTH (1986); REGULATING THE ERECTION,
CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL,
DEMOLITION, CONVERSION, EQUIPMENT, DESIGN, QUALITY OF MATERIALS,
USE AND MAINTENANCE OF HEATING, COMFORT COOLING AND VENTILATING
SYSTEMS IN THE CITY OF FORT WORTH, TEXAS; DEFINING CERTAIN TERMS;
ESTABLISHING MINIMUM REQUIREMENTS FOR THE INSTALLATION,
ALTERATION OR REPAIR OF MECHANICAL SYSTEMS; PROVIDING FOR THE
ISSUANCE OF PERMITS AND THE COLLECTION OF FEES THEREOF; PROVIDING
FOR THE INSPECTION OF SUCH SYSTEMS; PROVIDING FOR A SEVERABILITY
CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY
CLAUSE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE;
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:
SECTION 1.
That Section 7-166 of the Code of the City of Fort Worth (1986) is hereby amended to read
as follows:
Sec. 7-166. THE 2009 EDITION OF THE INTERNATIONAL MECHANICAL
CODE ADOPTED.
(a) The Mechanical Code of the City Of Fort Worth is hereby revised and amended to
conform, with certain exceptions as specified below, to the 2009 International Mechanical Code of
the International Code Council (ICC), and the same as amended is hereby adopted as the City's
Mechanical Code. One (1) copy of the 2009 International Mechanical Code marked Exhibit "A", is
incorporated herein by reference and shall be filed in the Office of the City Secretary for permanent
record and inspection.
(b) The mechanical provisions of the International Residential Code, as adopted elsewhere,
shall be used as the mechanical provisions for buildings and structures applicable to that code except
as provided for in that code.
(c) Any Errata corrections published by the International Code Council for the 2009
International Mechanical Code, as they are discovered, are considered as part of this code.
SECTION 2.
That Section 7-167 of the Code of the City of Fort Worth (1986) is hereby amended as follows:
Sec.7-167. Amendments.
(a) Chapter 1 "SCOPE AND ADMINISTRATION" of the 2009 International Mechanical
Code is hereby deleted and replaced with following:
PART 1-SCOPE AND APPLICATION
SECTION 101
GENERAL
101.1 Title. These regulations shall be known as the Mechanical Code of the City of Fort Worth
]I.l.,..1 ..,,,;l,,.1 /-'...7., ,~~ fAT A A~f~' !1D TT TD TQ1lT!'~'TTIIATI « »
1.~.,~..u,...,~,~ ~~µ~ hereinafter referred to as this code.
101.2 Scope. This code shall regulate the design, installation, maintenance, alteration and
inspection of mechanical systems that are permanently installed and utilized to provide control of
environmental conditions and related processes within buildings. This code shall also regulate those
mechanical systems, system components, equipment and appliances specifically addressed herein.
The installation of fuel gas distribution piping and equipment, fuel gas-fired appliances and fuel gas-
fired appliance venting systems shall be regulated by the International Fuel Gas Code~art of the
Fort Worth Plumbing Code.
Exception: Detached one- and two-family dwellings and multiple single-family dwellings
(townhouses) not more than three stories high with separate mans of egress and their accessory
structures shall comply with the International Residential Code, except as provided for in that
code. For application of this code to such uses under the Residential Code they shall be
considered to be Group R-3 residential uses with Group U accessory uses unless a more
appropriate occupancy__g_roup is assign~y the building official.
The provisions of this code shall also appl t~usage of the surrounding site and access to and
from the building, structure or site, as necessary to achieve the purpose of this code and to obtain
compliance with other codes and ordinances of this jurisdiction.
101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically
adopted.
101.3 Intent. The purpose of this code is to provide minimum standards to safeguard life or
limb, health, property and public welfare by regulating and controlling the design, construction,
installation, quality of materials, location, operation, and maintenance or use of mechanical systems
and to provide safety to fire fi~,hters and emer ency responders during emer ency~erations.
101.4 Severability. If any section, subsection, sentence, clause or phrase of this code is, for any
reason, held to be unconstitutional, such decision shall not affect the validity of the remaining
portions of this code.
SECTION 102
APPLICABILITY
102.1 General. Where there is a conflict between a general requirement and a specific
requirement, the specific requirement shall govern. Where, in any specific case, different sections of
this code specify different materials, methods of construction or other requirements, the most
restrictive shall govern.
102.2 Existing installations. Except as otherwise provided for in this chapter, a provision in this
code shall not require the removal, alteration or abandonment of, nor prevent the continued
utilization and maintenance of, a mechanical system lawfully in existence at the time of the adoption
of this code if the use, maintenance or repair is in accordance with the original design and no hazard
to life, health or property is created by such mechanical system.
Exception: A kitchen exhaust system with a Type I hood for collecting and removing
grease and smoke, and a fire extin fishing system shall be installed at or above all existing
cooking equipment in commercial food processing establishments as required by Chapter 5
of this code.
102.6.1 Annexation. Upon annexation, all existing structures and buildings are subject to
inspection for compliance with the provisions of this section, Section 108.7 of this code for
unsafe installations, Chapter 34 of the Building Code, the Minimum Building Standards Code
and the Fire Code, except as specifically deleted by such annexation ordinance.
102.3 Maintenance. Mechanical systems, both existing and new, and all parts thereof shall be
maintained in proper operating condition in accordance with the original design in a safe and sanitary
condition. Devices or safeguards which are required by this code shall be maintained in compliance
with the code edition under which they were installed.
The owner or the owner's designated agent shall be responsible for maintenance of mechanical
systems. To determine compliance with this provision, the code official shall have the authority to
require a mechanical system to be reinspected.
3
102.4 Additions, alterations or repairs. Additions, alterations, renovations or repairs to any
mechanical system shall conform to that required for a new mechanical system without requiring the
existing mechanical system to comply with all of the requirements of this code. Additions,
alterations or repairs shall not cause an existing mechanical system to become unsafe, hazardous or
overloaded.
Minor additions, alterations, renovations and repairs to existing mechanical systems shall meet
the provisions for new construction, unless such work is done in the same manner and arrangement
as was in the existing system, is not hazardous and is approved.
102.5 Change in occupancy. It shall be unlawful to make a change in the occupancy of any
structure which will subject the structure to any special provision of this code applicable to the new
occupancy without approval of the code official. The code official shall certify that such structure
meets the intent of the provisions of law governing building construction for the proposed new
occupancy and that such change of occupancy does not result in any hazard to the public health,
safety or welfare.
No change shall be made in the use or occupancy building that would place the building in
a different division of the same group of occupancies or in a different group of occupancies, unless
such building is made to comply with the requirements of this code for such division or group of
occupanc~ject to the approval of the code official, the use or occupancy of existing buildings
shall be permitted to be changed and the building is allowed to be occupied for purposes in other
rg~oups without conforming to all the requirements of this code for those groups, provided the new or
proposed use is less hazardous, based on life and fire risk, than the existing use.
Whenever the change of occupancy involves a change in the character or level of activity,
without a change in the Group or Division within the same Group, only the applicable provisions that
apply to the new character or level of activity shall be required.
An example of a change of character would be a change from an office, Group B, to a medical
office, Group B, or to an Ambulatory Health Care facility, Group B. While each has the same basic
requirements, height, area, means of e~ess, etc. they also have different specific requirements; e.g_
handicap limitations, smoke partitions, fire area, sprinklers, etc.
An example of a change in the level of activity would be obtaining_an increase in the occupant
load of a buildin or space, such as a bar, that might now exceed the limits requirin ag fire sprinkler
or alarm system, or if already exceeding the limits, would increase the non-conformity of the space.
102.6 Historic buildings. The provisions of this code relating to the construction, alteration,
repair, enlargement, restoration, relocation or moving of buildings or structures shall not be
mandatory for existing buildings or structures identified and classified by the state or local
jurisdiction as historic buildings when such buildings or structures are judged by the code official to
be safe and in the public interest of health, safety and welfare regarding any proposed construction,
alteration, repair, enlargement, restoration, relocation or moving of buildings.
4
Exception: Buildings undergoing a change of occupancy.
102.7 Moved buildings. ~°^°~* °~ a°*°~~r°~"~~• c°^*~^~' ni ', Mechanical systems that are a
part of buildings or structures moved into or within the jurisdiction shall comply with the provisions
of this code for new installations.
102.8 Referenced codes and standards. The codes and standards referenced herein shall be
those that are listed in Chapter 15 and such codes, when specifically adopted, and standards shall be
considered as part of the requirements of this code to the prescribed extent of each such reference.
Where differences occur between provisions of this code and the referenced standards, the provisions
of this code shall apply. Whenever amendments have been adopted to the referenced codes and
standards, each reference to said code and standard shall be considered to reference the amendments
as well. Any reference to NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as
adopted.
102.8.1 Rehabilitation Code. Chapter 34 of the Building Code shall be considered as the
Fort Worth Rehab Code. Any code amendment designed to provide assistance in the
rehabilitation of buildings shall be designated as (RHZ
102.9 Requirements not covered by code. Any requirements necessary for the strength,
stability or proper operation of an existing or proposed mechanical system, or for the public safety,
health and general welfare, not specifically covered by this code, shall be determined by the code
official.
102.10 Other Laws. The provisions of this code shall not be deemed to nullify any provisions of
local, state or federal law.
102.10.1 State Law. Amendments based on State Law may be placed in this ordinance as a
tool for information and enforcement purposes and will be identified with its corresponding State
Law house bill or senate bill number (SL - HB # or SB #l. Unless State Law allows. local
variances to such provisions are not permitted.
102.10.2 Elevator Code. While the Elevator Code is an adopted standard in the buildin
code, amendments based on extracts from the ASME A 17.1 Elevator Code may beplaced in this
ordinance as a tool for information and enforcement purposes and will be identified with (ASME
A17.1 - ????????l. Final interoretation and apveals shall fall under the authority of Texas
Department of License and Regulation.
102.11 Application of references. Reference to chapter section numbers, or to provisions not
specifically identified by number, shall be construed to refer to such chapter, section or provisions of
this code.
102.12 Minimum Building Standards Code. As provided for in Section 7-67, and as further
detailed in Sections 7-87, 7-88, 7-89, 7-90 and 7-91 of the City Code which is more specifically
known as the Minimum Buildin~Standards Code, those provisions setting minimum standards that
relate to Mechanical Code items for buildings and structures shall be considered as part of this code.
Enforcement of these sections may be performed by other departments or divisions of the City of
Fort Worth However as provisions of this code final interpretation appeals of interpretation
re~c uests for variances, etc. shall be handled as described in this code.
PART 2 -ADMINISTRATION AND ENFORCEMENT
SECTION 103
DEPARTMENT OF PLANNING
AND DEVELOPMENT
103.1 General. The department of Planning and Development me ec~ien is hereby
created as specified in the City Code and shall be referred to as "the department." ~„a *'~° °°°^~~*~~~°
^~~"'"" ^'"'-'~-° +''°r°^~~'~~"'~°'~~^~•~~ ~~ +''° °^a° ^~~^~~' Any reference to the "department of
mechanical inspection" or "department of inspection" shall mean the Department of Planninc and
Development.
Primary enforcement of the provisions of this code shall rest with the Department of Planning
and Development as specified under the duties and powers of the building official.
The provisions of this code may be enforced by other code enforcement divisions of this city but
interpretation authority shall be retained by the building official.
103.2 Appointment. The code official shall be appointed as specified in the City Code by~ke
103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the
concurrence of the appointing authority, the code official shall have the authority to appoint a deputy
code official, other related technical officers, inspectors and other employees. Such employees shall
have powers as delegated by the code official. For the purpose of this code, there larly authorized
deputy code official shall be the Chief Mechanical Inspector.
103.3.1 Restriction of employees. An official or employee connected with the mechanical
inspection enforcement of this code shall not be engaged in or directly or indirectly connected
with the furnishing of labor, materials or appliances for the construction, alteration or
maintenance of a building; and such officer or employee shall not en~a e in any work that
conflicts with official duties or with the interests of the department.
Further no official or employee shall be permitted to work for, or be connected with, any
mechanical contractor, HVAC manufacturer or wholesale supply company, or do any mechanical
work while employed as a mechanical inspector by the city
103.4 Liability. The code official, member of the board of appeals or employee charged with the
enforcement of this code, while acting for the jurisdiction in good faith and without malice in the
discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be
rendered liable personally, and is hereby relieved from all personal liability for any damage accruing
to persons or property as a result of any act or by reason of an act or omission in the discharge of
official duties.
Any suit instituted against any officer or employee because of an act performed by that officer or
employee in the lawful discharge of duties and under the provisions of this code shall be defended by
the legal representative of the jurisdiction until the final termination of the proceedings. The code
official or any subordinate shall not be liable for cost in any action, suit or proceeding that is
instituted in pursuance of the provisions of this code. Any.jud~rrient resulting therefrom shall be
assumed by this jurisdiction.
103.4.1 The liabilit~ption and defense protection provided in this section are not
extended to Third Party Companies, or their employees, agents or assi ees.
103.4.2 This code shall not be construed to relieve from or lessen the responsibility
person owning, operating or controlling_any building or structure for any dama eg s to persons or
property caused by defects, nor shall the code enforcement agency or its parent jurisdiction be
held as assuming any such liability by reason of the inspections authorized by this code or any
permits or certificates issued under this code.
SECTION 104
DUTIES AND POWERS OF THE CODE OFFICIAL
104.1 General. The code official is hereby authorized and directed to enforce the provisions of
this code. The code official shall have the authority to render interpretations of this code and to
adopt policies and procedures in order to clarify the application of its provisions. Such
interpretations, policies and procedures shall be in compliance with the intent and purpose of this
code. Such policies and procedures shall not have the effect of waiving requirements specifically
provided for in this code.
104.1.1 Other interpretations. Any provision or local amendment marked in this code as
7
[F] shall be under the primar~terpretation authority of the Fire Chief. Any provisions marked
in the Fire Code or local amendment as [B], [E], [EB], [FG], [M] or [P] shall be under the
primary interpretation authority of the building official.
104.2 Applications and permits. The code official shall receive applications, review
construction documents and issue permits for the installation and alteration of mechanical systems,
inspect the premises for which such permits have been issued and enforce compliance with the
provisions of this code.
104.3 Inspections. The code official shall make all of the required inspections, or shall accept
reports of inspection by approved agencies or individuals. All reports of such inspections shall be in
writing and be certified by a responsible officer of such approved agency or by the responsible
individual. The code official is authorized to engage such expert opinion as deemed necessary to
report upon unusual technical issues that arise, subject to the approval of the appointing authority.
104.4 Right of entry. Where it is necessary to make an inspection to enforce the provisions of
this code, or whenever the code official has reasonable cause to believe that there exists in any
building or upon any premises any conditions or violations of this code which make the building or
premises unsafe, insanitary, dangerous or hazardous, the code official or designee shall have the
authority to enter the building or premises at all reasonable times to inspect or to perform the duties
imposed upon the code official by this code. If such building or premises is occupied, the code
official shall present credentials to the occupant and request entry. If such building or premises is
unoccupied, the code official shall first make a reasonable effort to locate the owner or other person
having charge or control of the building or premises and request entry. If entry is refused, the code
official has recourse to every remedy provided bylaw to secure entry.
An application for a permit shall be considered as permission from an authorized representative
to inspect the premises.
When the code official shall have first obtained a proper inspection warrant or other remedy
provided by law to secure entry, an owner or occupant or person having charge, care or control of
any building or premises shall not fail or neglect, after proper request is made as herein provided, to
promptly permit entry therein by the code official for the purpose of inspection and examination
pursuant to this code.
It shall be unlawful for any person to hinder or interfere with the code official, deputy or any of
the inspectors in the discharge of their duties under this code.
104.5 Identification. The code official shall carry proper identification when inspecting
structures or premises in the performance of duties under this code.
104.6 Notices and orders. The code official shall issue all necessary notices or orders to ensure
compliance with this code.
8
104.7 Department records. The ^^a° ^~~^~~' ~artment shall keep official records of
applications received, permits and certificates issued, fees collected, reports of inspections, and
notices and orders issued. Such records shall be retained in the official records for the period
required for the retention of public records.
104.8 Cooperation of other officials and officers. The code official may request, and shall
receive, the assistance and cooperation of other officials of this jurisdiction so far as is required in
the discharge of the duties required by this code or other pertinent law or ordinance.
SECTION 105
APPROVAL
105.1 Modifications. Wherever there are practical difficulties involved in carrying out the
provisions of this code, the code official shall have the authority to grant modifications for individual
cases upon application of the owner or owner's representative, provided that the code official shall
first find that special individual reason makes the strict letter of this code impractical and the
modification is in compliance with the intent and purpose of this code and does not lessen health, life
and fire safety requirements. The details of ~ action granting modifications shall be recorded and
entered in the files of the .,,°^'~~~~^°' ~„~„°^*~°~ department.
105.2 Alternate materials, methods, equipment and appliances. The provisions of this code
are not intended to prevent the installation of any material or to prohibit any method of construction
not specifically prescribed by this code, provided that any such alternative has been approved by the
code official. An alternative material or method of construction shall be approved where the code
official finds that the proposed design is satisfactory and complies with the intent of the provisions of
this code, and that the material, method or work offered is, for the purpose intended, at least the
equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability
and safety.
105.2.1 Research reports. Supporting data, where necessary to assist in the approval of
materials or assemblies not specifically provided for in this code, shall consist of valid research
reports from approved sources.
105.3 Required testing. Whenever there is insufficient evidence of compliance with the
provisions of this code, or evidence that a material or method does not conform to the requirements
of this code, or in order to substantiate claims for alternate materials or methods, the code official
shall have the authority to require tests as evidence of compliance to be made at no expense to the
jurisdiction.
105.3.1 Test methods. Test methods shall be as specified in this code or by other recognized
test standards. In the absence of recognized and accepted test methods, the code official shall
approve the testing procedures.
9
105.3.2 Testing agency. All tests shall be performed by an approved agency.
105.3.3 Test reports. Reports of tests shall be retained by the code official for the period
required for retention of public records.
105.4 Approved materials and equipment. Materials, equipment and devices approved by the
code official shall be constructed and installed in accordance with such approval.
105.5 Material, equipment and appliance reuse. Materials, equipment, appliances and devices
shall not be reused unless such elements have been reconditioned, tested, placed in good and proper
working condition and approved.
SECTION 106
PERMITS
106.1 When required. Any owner, authorized agent, individual or contractor who desires to
construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure,
or to erect, install, enlarge, alter, repair, remove, convert or replace a mechanical system, the
installation of which is regulated by this code, or to cause such work to be done, shall first make
application to the code official and obtain the required permit for the work.
A separate permit shall be obtained for each building or structure unless otherwise authorized by
the code official.
106.2 Exempt work. Permits shall not be required for the following:
1. Portable heating appliances;
2. Portable ventilation appliances and equipment.
3. Portable cooling units;
4. Steam, hot water or chilled water piping within any heating or cooling equipment or
appliances regulated by this code;
5. The replacement of any minor part that does not alter the approval of equipment or an
appliance or make such equipment or appliance unsafe;
6. Portable evaporative coolers;
10
7. Self-contained refrigeration systems that contain 10 pounds (4.5 kg) or less of refrigerant, or
that are actuated by motors of 1 horsepower (0.75 kW) or less; a~
8. Portable fuel cell appliances that are not connected to a fixed piping system and are not
interconnected to a power grid; and,
9. When an umbrella Building Permit is issued for new construction or additions to one- and
two-family dwellings and townhomes, under the Fort Worth Residential Code, or as an R-3
under this code, and which contain a fireplace under that Building Permit, separate fireplace
permits shall not be required.
Exemption from the permit requirements of this code shall not be deemed to grant authorization
for any work to be done in violation of the provisions of this code or any other laws or ordinances of
this jurisdiction.
106.3 Application for permit. Each application for a permit, with the required fee, shall be filed
with the code official on a form furnished for that purpose and shall contain a general description of
the proposed work and its location. 'T'''° ^ r'~^^*~^~ °''^"''° ~ °~"~~• *'~° ^ ~~*'~^ri~°a
agent- The permit application shall
contain
such other information required by the code official.
106.3.1 Construction documents. Construction documents, engineering calculations,
diagrams and other such data shall be submitted in two or more sets with each application for a
permit. The code official shall require construction documents, computations and specifications
to be prepared and designed by a registered design professional when required by state law.
Where special conditions exist, the code official is authorized to require additional construction
documents to be prepared by a registered design professional. Construction documents shall be
drawn to scale and shall be of sufficient clarity to indicate the location, nature and extent of the
work proposed and show in detail that the work conforms to the provisions of this code and all
relevant laws, ordinances, rules and reguulations. Construction documents for buildings more
than two stories in height shall indicate where penetrations will be made for mechanical systems,
and the materials and methods for maintaining required structural safety, fire-resistance rating
and fireblocking.
Exception: The code official shall have the authority to waive the submission of
construction documents, calculations or other data if the nature of the work applied for is
such that reviewing of construction documents is not necessary to determine compliance with
this code.
The code official may require plans, computations and specifications to be prepared and
designed by an engineer or architect licensed by the Sate of Texas to practice as such even if not
required by state law.
106.3.2 Preliminary inspection. Before a permit is issued, the code official is authorized to
inspect and evaluate the systems, equipment, buildings, devices, premises and spaces or areas to be
used.
106.3.3
Expiration of plan review. Applications for which no permit is issued within 180 days
following the date of application shall expire by limitation, and construction documents and other
data submitted for review may thereafter be returned to the applicant or destroyed by the code
~ffi ci al .
If the applicant submits a request for extension before the expiration date, showing that
circumstances beyond the control of the applicant have prevented action from being taken, the code
official may extend the time for a period not exceedin lg 80 days. No application shall be extended
more than once.
If the applicant submits a request for extension after but within 90 days of the expiration date, the
applicant shall resubmit plans and pa a~new_plan review fee. The application shall be subject to any
new adopted laws, ordinances and regulations that became effective since the original application
date.
106.3.4 By whom application is made. Application for a permit shall be made by the person or
agent to install all or part of any mechanical system. The applicant shall meet all qualifications
established by statute, or by rules promul ated by this code, or by ordinance or by resolution. The
full name and address of the applicant shall be stated in the application. Permits shall only be issued
to those individuals authorized under Section 106.6.
106.4 Permit issuance. The application, construction documents and other data filed by an
applicant for a permit shall be reviewed by the code official. Such plans may be reviewed b offer
departments of this jurisdiction to verity compliance with any applicable laws under their
jurisdiction. If the code official finds that the proposed work conforms to the requirements of this
code and all laws and ordinances applicable thereto, and that the fees specified in Section 106.5 have
been paid, a permit shall be issued to the applicant.
Exception: When plan review is performed by a Third Party Organization as specified in
Section 111, the code official, at his discretion, may only review what he deems necessary to
insure a quality control of the review already~erformed.
106.4.1 Approved construction documents. When the code official issues the permit
where construction documents are required, the construction documents shall be endorsed in
writing and stamped "APPROVED." Such approved construction documents shall not be
changed, modified or altered without authorization from the code official. Work shall be done in
12
accordance with the approved construction documents.
106.4.2 Phased approval. The code official shall have the authority to issue a permit for the
construction of a part of a mechanical system before the construction documents for the entire
system have been submitted or approved, provided adequate information and detailed statements
have been filed complying with all pertinent requirements of this code. The holder of such
permit shall proceed at his or her own risk without assurance that the permit for the entire
mechanical system will be granted.
106.4.2 Validity. The issuance or antin of a permit or approval of construction documents
shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of
this code or of other ordinances of the jurisdiction. A permit presuming to give authority to violate
or cancel the provisions of this code shall be invalid.
The issuance of a permit based on construction documents and other data shall not prevent the
code official from thereafter requiring the correction of errors in said construction documents and
other data or from preventing building operations being carried on thereunder when in violation of
this code or of other ordinances of this jurisdiction.
106.4.3 Expiration. Every permit issued by the code official under the provisions of this code
shall expire by limitation and become null and void if the work authorized by such permit is not
commenced within 180 days from the date of such permit, or if the work authorized by such permit
is suspended or abandoned at any time after the work is commenced for a period of 180 days.
When work has commenced but has been suspended or abandoned for more than 180 dam
before such work recommences, a new permit shall be first obtained and the fee, therefore, shall be
one-half the amount required for a new permit for such work, provided no changes have been made
or will be made in the original construction documents for such work, and provided further that such
suspension or abandonment has not exceeded one year.
106.4.4 Extensions. When work has not commenced, any permittee holding an unexpired permit
shall have the right to apply for an extension of the time within which the permittee will commence
work under that permit when work is unable to be commenced within the time required by this
section for good and satisfactory reasons. The code official shall may extend the time for action by
the permittee for a period not exceeding 180 days if there is reasonable cause. A permit shall not be
extended more than once. Th° f`~ ~ . ~.. exte..,,.,,.1 ~'.:~11 b_ .,lle h°'~*'~~ „.,..,,,,.,* --~ a ~'
/~ {All C11V Ul11V C111C It
w11,~ lilt [~ /~~ 1 l1N~~
In order to renew action on a permit after expiration, the permittee shall pay a new full permit
fee and comply with all codes and ordinances applicable at that time.
106.4.5 Suspension or revocation of permit. The code official shall have the authority to
suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in
13
error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any
ordinance or regulation or any of the provisions of this code.
106.4.6 Retention of construction documents. One set of approved construction documents
shall be retained by the code official for a period of not less than 90 ~A days from date of
completion of the permitted work, or as required by state or local laws.
One set of approved construction documents shall be returned to the applicant, and said set shall
be kept on the site of the building or job at all times during which the work authorized thereby is in
progress.
106.4.7 Previous approvals. This code shall not require changes in the construction documents,
construction or designated occupancy of a structure for which a lawful permit has been heretofore
issued or otherwise lawfully authorized, and the construction of which has been pursued in good
faith within 180 days after the effective date of this code and has not been abandoned.
106.4.8 Posting of 1 inspection record card. When an inspection record card is issued,
the card T''° ~°~~* ~r ~ °°„•• shall be kept on the site of the work, and maintained accessible for
inspectors until the completion of the project.
106.5 Fees. A permit shall not be issued until the fees prescribed in Section 106.5.2 have been
paid, nor shall an amendment to a permit be released until the additional fee, if any,
° ° °~*'~° ,r°°'~~~~°~' ~ ~~*°m, has been paid.
106.5.1
Investigation fees: Work without a permit.
106.5.1.1 Investigation. Whenever any work for which a permit is required by this code has
been commenced without first obtaining_said permit, a special investigation shall be made before
a permit maybe issued for such work.
Exceptions: 1. This provision shall not apply to emergency work when it shall be
proved to the satisfaction of the code official that such work was urgently necessary and
that it was not practical to obtain a permit therefore before the commencement of the
work. In all cases, a permit must be obtained as soon as it is practical to do so, and if
there be an unreasonable delay in obtainin sg uch permit, an investigation fee as herein
provided shall be charged.
2. The investigation fee required shall be charged for work for which an inspection
has been requested and no permit has been obtained.
106.5.1.2 Fee. An investigation fee, in addition to the permit fee, shall be collected whether
or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount
of the permit fee required by this code. The minimum investigation fee shall be the same as the
14
application fee set forth in Table 106.5.2(1). The ~ayrnent of such investigation fee shall not
exempt any person from compliance with all other provisions of this code nor from anypenalty
prescribed by law.
Use of the third party plan review or inspection option, will not reduce or lower the
investigation fee required by this section.
The applicant may~peal the amount of an investigation fee to the city council by filing a
written appeal showing the reason why the fee should be lowered. The city council ma ~~upon a
finding that the investigation fee is unreasonable based upon the facts presented, reduce the
investigation fee, but in no case may the fee be reduced to less than the actual investigation costs
incurred by the city
106.5.2 Fee schedule. The fees for all mechanical work shall be as indicated in the
~e Table 106.5.2(1):
Andperson obtainin~a permit application required by this code shall, at the time of filing, pay a
permit and anon-refundable application fee as required by this section for the installation, relocation
or replacement of any of the listed items.
ExceQtions: 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.
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 bynon-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.
6. When the project is to be inspected by an approved third party organization as described in
Section 111, 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 apenny figure.
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 106.5.1.
15
106.5.3 Fee Refunds. The code official may sl~ll authorize the refunding of fees as follows:
1. The full amount of any fee paid hereunder which was erroneously paid or collected.
2. When a request is made within 60 days from permit cancellation, not more than 100 percent1
minus an administration charge as listed in Table 106.5.2(1), of the permit fee paid when no work
has been done under a permit issued in accordance with this code. After the 60-day time limit, no
fee shall be returned.
3. (delete)
Exceptions: 1. When the investigation fee of Section 106.5.1 has been collected, it
shall not be refunded unless paid by another part
2. No refund will be given for the application fee.
The code official shall not authorize the refunding of any fee paid except upon written
application filed by the original permittee not later than 60 ~9 days after the date of permit issuance
r+
~•
106.5.4 Change of Record. Any request for a record change, or any mistake made by an
applicant that requires a record change, including but not limited to name or address changes,
whether computer or paper record, must be requested in writing by the on i~pplicant with a fee
as specified in Table 106.5.2(1).
Exceptions: 1. For record changes that affect the permit fee, such as adding equipment,
fixtures or square footage, the code official mawrequire a separate permit for the extra items
with the appropriate fees.
2. The fee will not be required for those applicants meetin~ption 5 of Section
106.5.2.
16
Table 106.5.2(1)
Schedule of Fees
Administrative
1. CFPBOA Application Fee
(1st 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
4. Refund Administrative Charge 5.00
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
17
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 Cooling
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
18
Fan and Coil Units including Drains and Ducts
Cool and Heat, per ton - 1.56
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
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
19
Automatic shutoff -products of combustion
Solar energy system
Heat recovery devices per 1,000 BTU -
Minimum
Gas Extension -Test
For each appliance or piece of equipment by this ordinance
for which no other fee is listed
7.82
46.97
0.09
15.11
7.82
7.82
* When 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 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.
Table 106.5.2(2)
Business Registration
First year or portion thereof 1 $120.00
Yearly renewal $ 60.00
Late fee $ 30.00
1. Annual fee is due in full on the first day of January each year. Fees will not be pro rated for registration taken out during
the year. (Renewal dates may be adjusted by the code official to equally distribute the workload throughout the year.)
2U
106.6 Whom permits maybe issued to. No permit shall be issued to any person to do or cause
to be done any work regulated by this code, except to a person holding a valid, unexpired and
unrevoked Fort Worth Mechanical Refrigeration and Air Conditioning Contractor's License or State
of Texas Air Conditioning and Refi-igeration Contractor's License with proper endorsements, and
who has on file with the City a registration form as required in Section 112, except as otherwise
hereinafter provided in this section.
Such licensed contractors may extend to and connect thereto anYgas piping that maybe required
for the operating of such equipment.
The following individuals, listed in Sections 106.6.1 through 106.6.6, need not be registered in
accordance with Section 112 in order to obtain a permit:
106.6.1 Homestead owner. Permits may be issued to a property owner who wishes to do
Mechanical work in a building owned and occupied by him as his homestead. The term "to do
mechanical work" shall be construed to mean work actually done personally by the owner.
Under Federal law, work that deals with refrigerants and equipment containing`efrigerants may
require additional certificates or licenses that are not waived under this permit provision.
106.6.2 Plumbing contractors. Plumbing contractors that hold a valid State of Texas Master
Plumber's License and a valid Plumbing Business Registration in the Department of Planning and
Development may obtain permits and install gas fired appliances which are not considered "air
conditioning contracting" by the State Air Conditioning Licensing Law. All L.P. gas piping
installations shall conform to the applicable Texas Railroad Commission regulations.
106.6.3 Boiler and pressure vessels. Boiler installation or repair contractors who have been
certified by an approved testing agency, testing to meet American Society of Mechanical En ig'neers
(ASME) and American Welding Societ~AWS) codes, or licensed as a State of Texas Air
Conditioning and Refrigeration Contractor or Fort Worth Mechanical Refrigeration and Air
Conditioning Contractor may make boiler and pressure vessel installation and repair.
106.6.4 Prefabricated fireplaces, ventilation systems, or commercial kitchen hood systems.
An owner or an official of a company whose primary business includes the installation of such
equipment, and who is proficient in the installation of such equipment, may register for the purpose
of obtainingpermits to install such equipment.
106.6.5 Engineers. A person who is licensed as an engineer by the State of Texas and engages
in air conditioning and refrigeration contracting work in connection with the business in which the
person is employed but does not engage in that work for the public may obtain a permit for the
associated business.
106.6.6 Maintenance Personnel. Permits required by this code maybe issued for mechanical
work (not including new construction) done by anyone who is re ug larly employed as a maintenance
21
person or maintenance engineer of the property where the work is being_performed• the person
performs the work in connection with the business in which the person is employed• and the person
and the person's employer do not engage in air conditioning and refrigeration contractin fg or the
up blic.
106.6.7 Electrical work. All electrical connections are regulated by the Fort Worth Electrical
Code. An electrical disconnect maY be installed by a licensed HVAC contractor with a valid
business registration when replacing an existing HVAC unit of the same or lesser amperage.
A maintenance electrician license or residential maintenance electrician license, as applicable,
shall be required for all persons who perform electrical service, repair or maintenance on equipment
regulated by the Mechanical Code when an electrical permit is not required.
Exception: Those persons who possess a valid State of Texas Air Conditioning_ and
Refrigeration Contractor's License with proper endorsements and having a business registered
with the City of Fort Worth shall not be required to obtain nor shall employees under their direct
personal supervision be required to obtain a Maintenance Electrician License or Residential
Maintenance Electrician License, as applicable, to service and maintain the internal part of the
system as manufactured and listed.
106.7 Withholding of permits. The code official is authorized to withhold permits to any
person for the reasons set forth herein upon written notice to such person. The determination of the
code official maybe appealed to the Board as provided in Section 109.
The code official is authorized to withhold the issuance of mechanical permits to:
1. any person until such time as the mechanical system for which a permit was previously
issued has been completed or is being~erformed in an efficient manner in a reasonable
length of time.
2. any person who is delinquent in the ~ayment of fees owed the City of Fort Worth.
3. any~erson who has performed previous jobs which remain in violation of this code.
106.8 Administrative hold. Any administrative discrepancy including but not limited to,
delinquency in payments, returned checks, failure to pay for reinspection investigation or
registration fees, and failure to keep registration, insurance or bond up-to-date may result in a hold
being_placed on issuance of permits and performance of inspections of existing_permits until the
administrative discrepancy is corrected. For the purpose of this section, the term "up-to-date" shall
mean that whenever any of these items is required by this or any other code to obtain a permit
covered by this code, it shall be maintained current and in effect until the permit is finaled.
106.9 Job abandonment. If, after a permit is issued under the provisions hereof, the applicant
22
abandons the job, becomes incapacitated or his/her services are terminated prior to final ins ep ction
and approval thereof by the code official and before the permit has expired, the applicant or his
lawful/le ag 1 representative shall immediatel~notify the office of the code official in writing_Upon
such notification, the code official shall immediately have an inspection made of the work completed
to that time, and may revoke the outstanding_permit and require that a new permit with the payment
of fees be obtained before the work is allowed to resume.
SECTION 107
INSPECTIONS AND TESTING
107.1 General. The code official is authorized to conduct such inspections as are deemed
necessary to determine compliance with the provisions of this code. Construction or work for which
a permit is required shall be subject to inspection by the code official, and such construction or work
shall remain accessible and exposed for inspection purposes until approved.
Approval as a result of an inspection shall not be construed to be an approval of a violation of the
provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give
authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction
shall not be valid.
It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for
inspection purposes. Neither the code official nor the jurisdiction shall be liable for expense entailed
in the removal or replacement of material required to allow inspection.
Exception: 1. When approved by the Code Official, the inspection process as required by
this code may be performed by an approved Third Party Organization as specified in Section 111.
107.2 Required inspections and testing. The code official, upon notification from the permit
holder or the permit holder's agent, shall make the following inspections and such other inspections
as necessary, and shall either release that portion of the construction or shall notify the permit holder
or the permit holder's agent of violations that must be corrected. The holder of the permit shall be
responsible for the scheduling of such inspections.
1. Under ground inspection shall be made after trenches or ditches are excavated and bedded,
piping installed, and before any backfill is put in place. When excavated soil contains rocks,
broken concrete, frozen chunks and other rubble that would damage or break the piping or cause
corrosive action, clean backfill shall be on the job site.
2. Rough-in inspection shall be made after the roof, framing, fire blocking, fire stopping,
draft stopping and bracing are in place and all ducting and other components to be concealed are
complete, and prior to the installation of wall or ceiling membranes.
23
3. Final inspection shall be made „r^„ ^ ~'°*~^~ ^~ *'~° .r°^'~~~~°~' •~*°m after the
building is complete and the structure is ready for occupancy.
Exception: Ground-source heat pump loop systems tested in accordance with Section
1208.1.1 shall be permitted to be backfilled prior to inspection.
The requirements of this section shall not be considered to prohibit the operation of any
heating equipment or appliances installed to replace existing heating equipment or appliances
serving an occupied portion of a structure provided that a request for inspection of such heating
equipment or appliances has been filed with the department not more than 4~ 72 hours after such
replacement work is completed, and before any portion of such equipment or appliances is
concealed by any permanent portion of the structure.
107.2.1 Other inspections. In addition to the inspections specified above, the code official
is authorized to make or require other inspections of any construction work to ascertain
compliance with the provisions of this code and other laws which are enforced.
107.2.2 Inspection requests. It shall be the duty of the holder of the permit or their duly
authorized agent to notify the code official when work is ready for inspection. It shall be the duty
of the permit holder to provide access to and means for inspections of such work that are
required by this code. The person doing the work authorized by the permit shall make sure that
the work will stand tests prescribed elsewhere in this code, before giving the above notification.
When the work is within a residence where access is dependent upon the occupant being
home, it shall be the duty of the person doing the work to make arrangements for inspections.
Failure to make arrangements within a timely manner or the inability for the inspector to do the
inspections at the arranged times will result in reinspection fees being assessed to the person
doing the work.
Exception: If the reinspection fee was fora "Final Inspection" for a residence where
access is dependent upon the occupant, after the fee has been paid bathe person doing the
work additional arrangiements for the final inspection and penalties for not receiving such
inspection shall fall on the occupant.
This shall not relieve the person doing the work from having to correct improper work
and such accompanying_penalties should the work fail reinspection.
107.2.3 Approval required. Work shall not be done beyond the point indicated in each
successive inspection without first obtaining the approval of the code official. The code official,
upon notification, shall make the requested inspections and shall either indicate the portion of the
construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein
the same fails to comply with this code. Any portions that do not comply shall be corrected and such
portion shall not be covered or concealed until authorized by the code official. There shall be a final
inspection and approval of all buildings and structures when completed and ready for occupanc~nd
use.
24
107.2.3.1 Covered Work. Any work covered or concealed without inspection shall be
considered to constitute an unsafe structure and subject to the corrective provisions of Section
108.7. Such consideration as an unsafe structure shall exist every day until the work is inspected
and approved as bein in compliance with this code. Inspections will not be performed until a
valid active hermit is obtained in accordance with this code.
107.2.4 Approved agencies. The code official is authorized to accept report of approved
inspection agencies, provided that such agencies satisfy the requirements as to qualifications and
reliability.
107.3 Testing. Mechanical systems shall be tested as required in this code and in accordance
with Sections 107.3.1 through 107.3.3. Tests shall be made by the permit holder and observed by the
code official.
107.3.1 New, altered, extended or repaired systems. New mechanical systems and parts of
existing systems, which have been altered, extended, renovated or repaired shall be tested as
prescribed herein to disclose leaks and defects.
107.3.2 Apparatus, material and labor for tests. Apparatus, material and labor required
for testing a mechanical system or part thereof shall be furnished by the permit holder.
107.3.3 Reinspection and testing. Where any work or installation does not pass an initial
test or inspection, the necessary corrections shall be made so as to achieve compliance with this
code. The work or installation shall then be resubmitted to the code official for inspection and
testing.
107.3.4 Reinspection fees. A reinspection fee may be assessed for each inspection or
reinspection when such portion of work for which inspection is called is not complete or when
corrections called for are not made.
This section is not to be interpreted as requirin rg einspection fees the first time a job is
rejected for failure to comply with the requirements of this code, but as controlling the practice
of callin for inspections before the job is ready for such inspection or reinspection.
Reinspection fees may be assessed when the inspection record card is not posted or otherwise
available on the work site, the approved plans are not readily available to the inspector, for
25
failure to provide access on the date for which inspection is requested or for deviating from
plans requiring the approval of the code official.
To obtain a reinspection, the applicant shall file an application therefor in writing on a form
furnished for that purpose and pay the reinspection fee in accordance with Table 106.5.2(,1) or as
set forth in the fee schedule adopted by the jurisdiction.
In instances where reinspection fees have been assessed, no additional inspection of the work
will be performed until the required fees have been paid.
Exception: The fee will not be required for those applicants meetin exception 4 of
Section 106.5.2.
107.4 Approval. After the prescribed tests and inspections indicate that the work complies in
all respects with this code, a notice of approval shall be issued by the code official.
107.4.1 Revocation. The code official is authorized to, in writing, suspend or revoke a
notice of approval issued under the provisions of this code wherever the notice is issued in error,
on the basis of incorrect information supplied, or where it is determined that the building or
structure, premise or portion thereof is in violation of any ordinance or regulation or any of the
provisions of this code.
107.5 Temporary connection. The code official shall have the authority to authorize the
temporary connection of the mechanical system to the sources of energy for the purpose of testing
mechanical systems or for use under a temporary certificate of occupancy.
107.6 Connection of service utilities. A person shall not make connections from a utility,
source of energy, fuel, e~ power, or water system to any building, er system or equ~ment that is
regulated by this code and for which a permit is required, until approved by the code official.
107.7 Inspection card. Work which requires an inspection card as described in the Building
Code shall not be commenced until the permit holder or an agent of the permit holder shall have
posted or otherwise made available an inspection record card such as to allow the code official to
conveniently make the required entries thereon re arding inspection of the work. This card shall be
maintained available by the permit holder until final approval has been granted by the code official.
SECTION 108
VIOLATIONS
108.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct,
alter, repair, remove, demolish or utilize a mechanical system or eq~ment, or cause same to be
done, in conflict with or in violation of any of the provisions of this code.
26
108.1.1 Unsafe building. Failure to correct an unsafe building as provided for in Section
108.7. 107.2.3 or 107.2.3.1 shall constitute a violation of this code.
108.1.2 Occupancy violations. Whenever an~site, building, structure or equipment therein
regulated by this code or any other code is being used contrary to the provisions of this code or
any other code, the code official may order such use discontinued and the structure, or portion
thereof, vacated by notice served on andperson causing such use to be continued.
Such person shall discontinue the use within the time prescribed by the code official after
receipt of such notice to make the site, building, structure, or portion thereof, or equipment
comply with the requirements of this code.
108.1.3 Failure to comply with notice. Failure to comply with a notice shall be considered
a violation of this code.
108.2 Notice of violation. The code official is authorized to shall serve a notice of violation or
order on the person responsible for the erection, installation, alteration, extension, repair, movin ,
removal or demolition of mechanical work in violation of the provisions of this code, or in violation
of a detail statement or the approved construction documents thereunder, or in violation of a permit
or certificate issued under the provisions of this code. Such order shall direct the discontinuance of
the illegal action or condition and the abatement of the violation.
Exception: Citations for violations of this code may be issued without requiring the issuance
of a notice. When a notice is issued, it is not necessary to reissue a notice prior to issuance of
any further citations for the same violation, at the same or at different locations.
108.3 Prosecution of violation. If the notice of violation is not complied with in the time
prescribed by such notice pren~ly, the code official is authorized to shall request the legal counsel
of the jurisdiction to institute the appropriate proceedings at law or in equity to restrain, correct or
abate such violation, or to require the removal or termination of the unlawful occupancy of the
structure in violation of the provisions of this code or of the order or direction made pursuant hereto.
108.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to
comply with any of the requirements thereof or who shall erects, installs, alters or repairs mechanical
work in violation of the approved construction documents or directive of the code official, or of a
permit or certificate issued under the provisions of this code, shall be subject to penalties as
prescribed by law. ,:'*., ,~~ ... 'sb~e-b~~-~~°-ef-~-mer~~a^ r ... , a°" .r-~y,
Apr-tse=~el~t~a~e~see~ ,. r ~ „~'",tlrs~~e-and-Senm~r
Each day t#at or any portion thereof during which a violation of this ordinance occurs or
continues ~~°~ a~~° ~°*~°°'~~~'~°°~ ~°n~°'' shall be deemed a separate offense and upon conviction
thereof shall be punishable as prescribed by law.
27
108.5 Stop work orders. Whenever the code official finds any work regulated by this code
beingperformed in a manner either contrary to the provisions of this code or dangerous or unsafe,
the code official is authorized to issue a stop work order.
108.5.1 Notice to owner. Upon notice from the code official that mechanical work is being
done contrary to the provisions of this code or in a dangerous or unsafe manner, such work shall
immediately cease. Such notice shall be in writing and shall be given to the owner of the property
involved, or to the owner's agent, or to the person doing the work. The notice shall state the
conditions under which work is authorized to resume. Where an emergency exists, the code official
shall not be required to give a written notice prior to stopping the work.
108.5.2 Unlawful continuance. Any person who shall continue any work ^„ *'~° ~~~~*°m after
having been served with a stop work order, except such work as that person is directed to perform to
remove a violation or unsafe condition, shall be subiect to penalties as prescribed by law li-ab}e-te-a
m~Qt~sti,,,~ r i ,t„tt,,,.~e-*t„-,,, r i ,t„tt~,..s
108.6 Abatement of violation. The imposition of the penalties herein prescribed shall not
preclude the legal officer of the jurisdiction from instituting appropriate action to prevent unlawful
construction or to restrain, correct or abate a violation, or to prevent illegal occupancy of a building,
structure or premises, or to stop an illegal act, conduct, business or utilization of the mechanical
system on or about any premises.
108.7 Unsafe mechanical systems. A mechanical system that is unsafe or that constitutes a fire
or health hazard, insanitary condition, or is otherwise dangerous to human life, as regulated by this
code, is hereby declared an unsafe mechanical system. Use of a mechanical system regulated by this
code constituting a hazard to health, safety or up blic welfare by reason of inadequate maintenance,
dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is hereby declared an
unsafe use. Such unsafe equipment and appliances are hereby declared to be a public nuisance and
shall be abated by repair, rehabilitation, demolition or removal.
A vacant structure that is not secured against entry shall be deemed unsafe. Materials used to
secure a structure, which deteriorate or increase in susceptibility to fire hazard over time, shall be
replaced or treated to eliminate the increase of the hazard.
108.7.1 Authority to condemn mechanical systems. Whenever the code official
determines that any mechanical system or equipment, or portion thereof, regulated by this code
has become hazardous to life, health, property, or has become insanitary, or is otherwise
dangerous to human life, the code official shall order in writing that such system or equipment
either be removed or restored to a safe or sanitary condition. A time limit for compliance with
such order shall be specified in the written notice. A person shall not use or maintain a defective
mechanical system after receiving such notice.
~g
When such mechanical system is to be disconnected, written notice as prescribed in Section
108.2 shall be given. In cases of immediate danger to life or property, such disconnection shall
be made immediately without such notice.
108.7.2 Authority to disconnection energy sources. The code official shall have the
authority to order disconnection of a~ energy sources or utility service supplied to a building,
structure or mechanical system regulated by this code, when it is determined that the mechanical
system or any portion thereof has become hazardous or unsafe. xx'ri**°~ -'°*~°° °~~~~°'' °~a°-~ *°
~~,° ~° „*;~;+„ ; ,.;*;,,° „~~~,° ; „~ ~,,,.~, ,,,.a°,. *„ a;~,,,,.,~°,.~. Where possible, the
owner and occupant of the building, structure or service svstem shall be notified of the decision
to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or
occupant of the building, structure or service systems shall be notified in writing, as soon as
practical thereafter.
108.7.3 Connection after order to disconnect. A person shall not make
connections from any enerQV. fuel, power supply or water distribution svstem or supply enerev.
fuel, power or water to a~ mechanical systems or equipment regulated by this code which have
been disconnected or ordered to be disconnected by the code official, or the use of which has
been ordered to be discontinued by the code official until the code official authorizes the
reconnection and use of such mechanical system or equipment.
When a mechanical system is maintained in violation of this code, and in violation of a
notice issued pursuant to the provisions of this section, the code official shall institute
appropriate action to prevent, restrain, correct or abate the violation.
108.7.4 Covered work. Anv work covered or concealed without inspection shall be
considered to constitute an unsafe structure. Such consideration as an unsafe structure shall exist
every day until the work is inspected and approved as being in compliance with this code.
Inspections will not be performed until a valid active Hermit is obtained in accordance with this
code.
108.7.5 Record. The code official shall cause a report to be filed on an unsafe condition.
The report shall state the occupancy of the structure and the nature of the unsafe condition.
108.7.6 Notice. If an unsafe condition is found, the code official shall serve on the owner,
a eg nt or person in control of the structure, a written notice that describes the condition deemed
unsafe and specified the required repairs or improvements to be made to abate the unsafe
condition, or that requires the unsafe structure to be demolished within a stipulated time.
108.7.7 Method of service. Such notice shall be deemed properly served if delivered in
29
accordance with the standard method accepted by the jurisdiction.
108.7.8 Restoration. The structure or equipment determined to be unsafe by the buildin,~
official is permitted to be restored to a safe condition.
SECTION 109
CONSTRUCTION AND FIRE PREVENTION BOARD OF APPEALS
109.1 General. Applications for appeals shall be made to the Construction and Fire Prevention
Board of Appeals as authorized and provided for in the Building Code. All references to the "Board"
shall be deemed to refer to the Construction and Fire Prevention Board of Appeals.
SECTION 110
TEMPORARY EQUIPMENT, SYSTEMS AND USES
110.1 General. The code official is authorized to issue a permit for temporary equipment,
systems and uses. Such permits shall be limited as to time of service, but shall not be permitted for
more than 180 days. The code official is authorized to grant extensions for demonstrated cause.
110.2 Conformance. Temporary equipment, systems and uses shall conform to the structural
strength, fire safety, means of egress, accessibility, light, ventilation, ener~y and sanitary
requirements of this code, as deemed appropriate by the code official and Fire Chief, as necessary to
ensure the public health, safety and general welfare.
110.3 Temporary utilities. The code official is authorized to give permission to temporarily
supply utilities and use power before an installation has been fully completed and the final certificate
of completion has been issued. The part covered by the temporary certificate shall comply with the
requirements specified for temporary lighting, heat or power in the code.
110.4 Termination of approval. The code official is authorized to terminate such permit for
temporary equipment, systems or uses and to order the temporary equipment, systems or uses to be
discontinued.
SECTION 111
THIRD PARTY PLAN REVIEW AND INSPECTION
111.1 When approved by the code official, Third Party Organizations may be permitted to
30
perform the plan review and/or field inspection provisions of this code. When authorized to perform
services, the Third Party Organization shall comkly with the provisions of the Building Code.
SECTION 112
BUSINESS REGISTRATION
112.1 Registration.
112.1.1 General. Any firm, business or organization conducting any work related to this code
shall have on file in the Department of Planning and Development a valid Business Registration
signed by an official of the business hereafter to be known as Registered Official. Such Registered
Official shall hold a valid Fort Worth Mechanical Refrigeration and Air Conditioning Contractor's
License or a State of Texas Air Conditioning and Refrigeration License with proper endorsements.
Such Business Registration shall be renewed annually effective January 1 of each year. The fees for
the initial registration and the renewal shall be as specified in Table 106.5.2(2).
Exception: Based upon staffing and work loads, the code official may adjust the renewal
dates of existing registrations to be equally distributed throughout the year as long as the fees are
appropriately prorated.
The holder of a Business Registration who fails to pay the annual fee due for such registration
within thirty (30) days of the expiration date shall also be required to pay a late fee as specified in
Table 106.5.2(2).
'The holder of a Business Registration based upon a Fort Worth Mechanical license who fails to
pay the annual fee due for such license within one (1) year of the expiration date, shall loose such
Fort Worth license. It shall not be renewed. Business registration after that point can only be
permitted with a State of Texas license.
112.1.2 Restrictions of Registration. Registered Officials shall not be simultaneously employed
by, or work for more than one business for the purpose of obtaining permits under this code or for
the purpose of doing or supervising work that can only be done by authority of a permit obtained
under the provisions of this code.
Only one registered official for each business registration will be recognized for the purpose of
obtaining permits. The registered official shall keep the Department of Planning and Development
notified of any change in his/her employment.
112.1.3 Identification. Vehicles used commercially by the Registered Business shall be properly
identified with the registered business name. Where a license is required, the licensee's license
number who is representing the registered business shall be added for identification. This
identification shall be affixed or painted on both sides of the vehicle so as to be in full view at all
31
times and in letters not less than two and one-half inches high.
Any mechanical license holder or endorsee of a mechanical license shall carry their license and a
valid picture ID on their person at all times while performing mechanical work, and they shall
produce and present such license and picture ID immediately upon request by an Inspector.
112.2 Registration suspended, repealed, or revoked.
112.2.1 General. A business registration or permit maybe suspended, repealed or revoked by
the Code Official by reason of the occurrence of one or more of the following:
1. Adjudication of insanity;
2. Fraud or misrepresentation in obtaining a Fort Worth license, registration or permit;
3. Violation of a provision of this ordinance, the Building, Residential, Energy, Plumbing or
Electrical Codes or any other regulatory ordinances of the City applicable to plumbing work;
4. Conviction of defrauding a person for whom he has rendered or contracted to render
service;
5. Failure to obtain a permit or the attempted assignment of a permit for others;
6. Failure to pay fees or the voluntary or involuntary filing of bankruptcy proceedings by or
against the firm, partnership, association, or corporation with a business registration with the
City;
7. The sending of six (6) notifications within a six (6) month period that the registered
business is in violation of this code; and,
8. When a state license is expired or suspended for any reason.
112.2.2 Work suspension. Upon suspension or revocation of said Fort Worth license or
business registration, same shall be null and void and no work thereafter may be performed
thereunder.
112.2.3 Board affirmation. Upon appeal to the Board, the Board may affirm, revise or modify
such suspension or revocation.
32
(b) The remaining sections of the 2009 International Mechanical Code are hereby amended
as follows:
IMC SECTION 202
*Section 202; the definitions o "Code Official "and "Hazardous Location "are changed
and new definitions are added to read as ollows:
BUILDING CODE. Building Code shall mean the International Building Code as adopted by this
jurisdiction.
CHANGE OF OCCUPANCY. A change in the purpose or level of activity within a building that
involves a change in application of the requirements of this code. The definition shall also apply to
the usage of the surrounding site and access to and from the building, structure or site, as necessary
to achieve the purpose of this code, and to obtain compliance with other codes and ordinances ofthis
jurisdiction.
CODE OFFICIAL. The officer or other designated authority charged with the administration and
enforcement of this code, or a duly authorized representative. For the purpose of this code, the Code
Official shall be the Building Official, and his re ug larly authorized deputy shall be the Chief
Mechanical Inspector.
ELECTRICAL CODE. Electrical Code shall mean the National Electrical Code as adopted bythis
jurisdiction. For the purpose of this code, all references to NFPA 70 and the ICC Electrical Code
shall be assumed to mean the Electrical Code as defined herein.
ENERGY CODE. Energy Code shall mean the International Energy Code as adopted by this
jurisdiction.
FIRE PREVENTION CODE (FIRE CODE). Fire Prevention Code, or Fire Code, shall meanthe
International Fire Code as adopted by this jurisdiction.
FUEL GAS CODE. Fuel Gas code shall mean the International Fuel Gas Code as adopted by this
jurisdiction and shall be considered as part of the Plumbing Code. (See Plumbing Code.)
HAZARDOUS LOCATION. As used in this code, any location considered to be a fire hazard for
flammable vapors, dust, combustible fibers or other highly combustible substances. The location is
not necessarily categorized in the International Building Code as ahigh-hazard use group
classification.
MECHANICAL CODE. Mechanical Code shall mean the International Mechanical Code as
33
adopted by this jurisdiction.
PLUMBING.
For the purpose of using the International Plumbing Code, as adopted, shall mean:
The practice, materials and fixtures utilized in the installation, maintenance,
extension and alteration of all piping, fixtures, plumbing appliances and plumbing
appurtenances, within or adjacent to any structure, in connection with sanitary drainage or
storm drainage facilities; venting systems, and public or private water supply systems.
For the purpose of complying with the Texas State Plumbing License Law, shall mean:
All piping, fixtures, appurtenances, and appliances, including disposal systems, drain
or waste pipes, or any combination of these that:
supply, recirculate, drain, or eliminate water, gas, medical gasses and vacuum,
liquids, and sewage for all personal or domestic purposes in and about buildings where
persons live, work, or assemble; connect the building on its outside with the source of water,
gas, or other liquid supply, or combinations of these, on the premises, or the water main on
public property; and carry waste water or sewage from or within a building to the sewer
service lateral on public property or the disposal or septic terminal that holds private or
domestic sewage.
The installation, repair, service, maintenance, alteration, or renovation of all piping,
fixtures, appurtenances, and appliances on premises where persons live, work, or assemble
that supply gas, medical gasses and vacuum, water, liquids, or any combination of these, or
dispose of waste water or sewage.
PLUMBING CODE. Plumbing Code shall mean the International Plumbing Code and the
International Fuel Gas Code as adopted by this jurisdiction. The term "Plumbing Code" applies to
both codes as one combined code.
PLUMBING SYSTEM.
For the purpose of using the International Plumbing Code, as adopted, shall mean:
Includes the water supply and distribution pipes; plumbing fixtures and traps; water-
treating orwater-using equipment; soil, waste and vent pipes; and sanitary and storm sewers
and building drains, in addition to their respective connections, devices and appurtenances
within a structure or premise.
RESIDENTIAL CODE. Residential Code shall mean the International Residential Code as
adopted by this jurisdiction.
34
IMC SECTION 302
*IMC Section 302.3; chan;~ed to read as follows:
302.3 Cutting, notching and boring in wood framing. When permitted by the Building Code,
the ~e cutting, notching and boring of wood framing members shall comply with Sections 302.3.1
through 302.3.4.
IMC SECTION 303
*IMC Section 303.1; add a second paragraph to read as follows:
Access to equipment and appliances shall be provided through areas under the control of the
tenant, room or dwelling unit served, or provided in common areas accessible without goin tg hrough
private tenant spaces, rooms or dwelling units. The location shall not be such that permission from
one occupant must be obtained before another occupant can provide service to their equipment or
appliances.
*IMC Section 303.8.1: added to read as
303.8.1 Other pipes, ducts or electrical wiring. See Building Code, Sections 3004.4 and
3006.6 and the following:
(ASME A17.1-Section 2.8.2.2) Only such electrical wiring, raceways, cables, coaxial wiring,
and antennas used directly in connection with the elevator, including wiring for signals, for
communication with the car, for lighting, heating, air conditioning, and ventilating the car, for fire
detecting systems, for pit sump pumps, and for heating and lighting the hoistway and/or the
machinery space, machine room, control space, or control room shall be permitted to be installed
inside the hoistway, machinery space, machine room, control space, or control room.
(ASME A17.1-Section 2.8.3.4) Other pipes or ducts conveying gases, vapors, or liquid and not
used in connection with the operation of the elevator shall not be installed in any hoistway,
machinery space, machine room, control space or control room.
IMC SECTION 304
*IMC Section 304.7; delete.
*IMC Section 304.13; added to read as follows:
304.13 Minimum burial depth. Underground fuel piping systems shall be installed a
minimum depth of 18 inches (458 mm) below grade.
35
IMC SECTION 306
*IMC Section 306.3; changed to read as follows:
306.3 Appliances in attics. Attics containing appliances shall be provided ... bulk of
paragraph unchanged} ...side of the appliance. The clear access opening dimensions shall be a
minimum of 20 inches by 30 inches (508 mm by 762 mm), a~ or larger where such dimensions are
not large enough to allow removal of the largest appliance. As a minimum, access to the attic space
of residential uses shall be provided by one of the following
1. A permanent stair.
2. A pull down stair.
3. An access door from an user floor level.
4. An access panel, only when the equipment can be reached from the panel opening and
onl~with pnor approval of the code official.
Exceptions:
1. The passageway and level service space are not required where the appliance is
capable of being serviced and removed through the required opening.
2. Where the passageway is unobstructed and not less than 6 feet (1829 mm) high and 22
inches (559 mm) wide for its entire length, the passageway shall be not greater than 50 feet
(15 250 mm) in length.
Solid flooring as specified for the passageway of this section shall be flooring that complies with
the provisions as required for a floor or shall not be less than one laver of 3/"plywood.
Water heaters shall not be installed in residential attics.
Exception: Tankless water heaters.
*IMC Section 306.3.1; add a sentence to read as follows:
Low voltage wiring of 50 Volts or less shall be installed in a manner to prevent physical damage.
*IMC Section 306.4; add a paragraph after the exceptions to read as,follows
Under floor spaces that are more than 30 inches (762 mm) below the access level shall be provided
with a permanent ladder as detailed in Section 306.5.
*IMC Section 306.4.1; add a sentence to read as follows:
36
Low voltage wiring of 50 Volts or less shall be installed in a manner to prevent physical damage.
*IMC Section 306.5; changed to read as follows:
306.5 Equipment and appliances on roofs or elevated structures. Where equipment requiring
access and appliances are installed on roofs or elevated structures at a_n ~gregate height exceeding
16 feet (4877 mm), such access shall be provided by a permanent approved means of access.~ke
°°+°r+ °~ ~-~'~~°'' ~'~~" '~° ~-°m Permanent exterior ladders providing roof access need not extend
closer than 12 feet (3658 mm) to the finish grade or floor level below and shall extend to the
equipment and appliances' level service space. Such access shall ... {bulk of section to read the
same}...height shall be measured to the top of the parapet wall.
Where an equipment or appliance has a serviceable area located at a height exceeding 16 feet
(4877 mm) above the access level, a permanent approved means of access and a catwalk or working
deck shall be provided on at least one side. Such permanent exterior ladder need not extend closer
than 8 feet (2438 mm) to the access level below.
{Remainder of section unchanged}
*IMC Section 306.5.1.1; added to read as, ollows:
306.5.1.1 Catwalk. On roofs having slopes greater than 4 in 12, a catwalk at least 24 inches
in width with substantial cleats spaced not more than 16 inches apart shall be provided from the
roof access to the working platform at the appliance.
*IMC Section 306.5.2; add a sentence to read as, ollows:
Low voltage wiring of 50 Volts or less shall be installed in a manner to prevent physical damage.
*IMC Section 306.6; added to read as follows:
306.6 Water heaters above ground or floor. When the mezzanine or platform in which a water
heater exceeding a capacity of 10 gallons is installed is more than eight ~8) feet (2438 mm) above the
ground or floor level, it shall be made accessible by a stairwaypermanent ladder fastened to the
building.
Exception: A maximum 10 gallon water heater (or larger with approval) is capable ofbeing
accessed through a las-in ceiling and is installed not more than ten (10) feet (3049 mm, above
the ground or floor level and may be reached with a portable ladder.
37
306.6.1 Whenever the mezzanine or platform is not adequately lighted or access to a
receptacle outlet is not obtainable from the main level, li ting and a receptacle outlet shall be
provided in accordance with Section 306.3.1.
IMC SECTION 307
*IMC Section 307.2.1; change to read as ollows:
307.2.1 Condensate disposal. Condensate from all cooling coils and evaporators shall be
conveyed from the drain pan outlet to an approved place of disposal. Such piping shall maintain a
minimum horizontal slope in the direction of discharge of not less than one-eight unit vertical in 12
units horizontal (1-percent slope). Condensate shall not discharge in a publicly exposed area such as
into a street, alley, sidewalk or other areas so as to cause a nuisance. Rooftop units may be piped to
discharge into roof drains when such drains do not dischar e in a publicly exposed area as listed
above.
*IMC Section 307.2.2; change to read and add a second para~ph to read as ollows:
307.2.2 Components of the condensate disposal system shall be cast iron, galvanized steel,
copper, cross-linked polyethylene, ~°'•~"~~*_~'°„°, polyethylene, ABS, CPVC or PVC (schedule 80
PVC when exposed to ultra violet lights pipe or tubing. All components shall be selected for the
pressures temperature and exposure rating of the installation. Joints and connections shall be
made in accordance with the applicable provisions of Chapter 7 of the International Plumbing Code
relative to the material type. Condensate waste and drain line size shall be not less than the
discharge size of the pan but not less than 3/-inch (19 mm) internal diameter and shall not ... {bulk
of paragraph unchanged} ... in accordance with Table 307.2.2. All horizontal sections of drain
piping shall be installed in uniform alignment at a uniform slope.
*IMC Section 307.3, item #2: add a sentence to read as, ollows:
The conspicuous point of disposal shall not create a hazard such as dripping over a walking surface
or other areas so as to create a nuisance.
IMC SECTION 309
*IMC Section 309.1.1: added to read as
309.1.1 Warehouse heating. In order to provide a tenable work environment in unheated
warehouses, at a minimum, heat must be provided in the following locations:
38
a. in the dock area. Such heat need not meet the temperature requirement of this section but
provide a tenable working environment in the dock area; and,
Exception: Warehouses with a tenant space of less than 5,000 square feet, inclusive of
all accessory areas.
b. in at least one common area; e.g. office, break room, etc.; and,
c. in all restrooms.
IMC SECTION 401
*IMC Section 401.2.1 and 401.2.2; added to read as. ollows:
401.2.1 Elevator Hoistway venting. For elevator hoistway venting, see Building Code Section
3004.
401.2.2 Exit Enclosure ventilation. For exit enclosure ventilation requirements, see Section
601.3 of this code and Building Code Section 1022.4.
IMC SECTION 403
*IMC Section 403.2; add an exception #2 to read as follows:
2. Where the design professional demonstrates that an engineered ventilation svstem is
designed in accordance with ASHRAE 62, the minimum required rate of outdoor air shall be
permitted to be as specified in such engineered svstem design.
*IMC Section 403.2.1; change item 1 and add an item #S to read as follows:
Ventilation air shall not be recirculated from one dwelling unit to another or to dissimilar
occupancies. See also Table 403.3, footnote b. When dissimilar occupancies produce odors
or smells that may infiltrate neighboring tenant spaces through wall or ceiling openings,
during positive or ne atg ive pressures, efforts shall be taken to seal such openings and/or
provide supply air in a method that would prevent such infiltration.
2. {unchanged}
3. {unchanged}
39
4. {unchanged}
5. Toilet rooms within private dwellings that contain only a water closet, lavatory or
combination thereof may be ventilated with an approved mechanical recirculatin fg an or
similar device designed to remove odors from the air.
IMC SECTION 501
*IMC Section 501.2; add a third exception to read as ollows:
Exceptions:
1. {unchanged}
2. {unchanged}
3. Toilet room exhaust ducts may terminate in a warehouse or shop area when
infiltration of outside air is present.
IMC SECTION 504
*IMC Section 504.6.1: add a sentence to read as
The size of duct shall not be reduced along its developed length nor at the point of termination.
*IMC Section 504.6.5; changed to read as ollows:
504.6.5 Length identification. Where the exhaust duct is concealed within the building
construction and the len his approved to exceed the maximum length specified in Section
504.6.4.1, the equivalent length of the exhaust duct shall be identified on a permanent label or tag.
The label or tag shall be located within 6 feet (1829 mm) of the exhaust duct connection.
IMC SECTION 510
*Section 510.2.1.1: added to read as follows:
510.2.1.1 Woodworking (or cabinet) shop. Where more than three fixed or table mounted
pieces of dust producing equipment exists, each fixed or table mounted piece shall be connected to a
dust collection system, in accordance with this section and Section 511, and interconnected such that
the dust collection is automatically activated whenever the equipment is on.
40
IMC SECTION 607
*IMC Section 607.1: add a sentence to read as follows:
For outdoor air intakes and exhaust openings, dampers shall also comply with the Energy Code•
*IBC Section 607.5.5.2: added to read as follows:
607.5.5.2 Installation requirements. Exhaust systems for Group B and R kitchen, clothes
dryer, bathroom and toilet room exhausts shall comply with the following:
1. Kitchen systems, clothes dryer systems, and bathroom and toilet room systems may share the
same shaft but not the same duct. When multiple ducts are in the same shaft, each system
shall have its own fan providing continuous upward flow.
2. Dryer ducts shall have a cleanout located near the shaft penetration to permit cleaning of the
22" subduct. The subduct shall be considered in the calculation of allowable duct length
reduction.
3. Kitchen ducts shall be provided with some method for preventing grease buildup and
cleaning of the duct.
4. A secondary power source is required for the fan under both Section 504.8 and 513.11.
5. See also 504.8.
*IMC Section 607.2.2; changed to read as ollows:
607.2.2 Hazardous exhaust ducts. Hazardous exhaust duct systems shall extend directly to the
exterior of the building and shall not extend into or through ducts and plenums. Fire dampers are not
required at penetration of fire-rated elements for hazardous exhaust duct systems. Penetration of
fire-rated elements shall comply with Section 510 and the Building Code.
IMC Section 607.5.1; changed to read as ollows:
607.5.1 Fire Walls. Ducts and transfer openings permitted in fire walls in accordance with
Section 705.11 of the International Building Code shall be protected with listed fire dampers
installed in accordance with their listing. Hazardous exhaust ducts shall not penetrate fire walls.
41
SECTION 3.
That Section 7-168 of the Code of the City of Fort Worth (1986), as amended, is hereby amended to
read as follows:
Sec. 7-168 Effect of Conflict with Other Ordinances.
This article shall be cumulative of all provisions of ordinances of the Code of the City of Fort
Worth, Texas (1986), affecting Mechanical Code provisions, as amended, and shall not repeal any of
the provisions of such ordinances, except in those instances where provisions of such ordinances are
in direct conflict with the provisions of this ordinance.
SECTION 4.
That Section 7-169 of the Code of the City of Fort Worth (1986), as amended, is hereby amended to
read as follows:
Sec. 7-169 Penalty for violation.
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 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 5.
This article shall be cumulative of all provisions of ordinances of the Code of the City of Fort
Worth, Texas (1986), affecting Mechanical Code provisions, as amended, and shall not repeal any of
the provisions of such ordinances, except in those instances where provisions of such ordinances are
in direct conflict with the provisions of this ordinance.
SECTION 6.
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 decree of any court of competent jurisdiction, such voidness, ineffectiveness, or
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and
42
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 7.
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 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 8.
All rights and remedies of the City of Fort Worth, Texas are expressly saved as to any and all
violations of the previous Mechanical Code, or any other ordinances affecting construction and fire
safety, 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 9.
A copy of the 2009 International Mechanical Code, together with the local amendments
contained in this ordinance, shall be filed in the office of the City Secretary for permanent record and
inspection.
SECTION 10.
The Department of Planning and Development 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 11.
The City Secretary of the City of Fort Worth, is hereby directed to publish the caption and
Sections 1, 7, 9, 11 and 12 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.
43
SECTION 12.
This ordinance shall take effect upon April 1, 2011.
APPROVED AS TO FORM AND LEGALITY:
Y•
t City Attorney
Adopted: March 22, 2011
Effective: April 1, 2011
44
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 3/22!2011 -Ord. No. 19601-03-2011,.19602-03-2011,
19603-03-2011, 19604-03-2011, 19605-03-2011, 19606-03-2011
DATE: Tuesday, March 22, 2011 REFERENCE NO.: G-17249
LOG NAME: 0620091CODES
SUBJECT:
Adopt and Amend the 2009 Editions of the International Building Code, International Residential Code,
International Mechanical Code, International Plumbing Code, International Fuel Gas Code and
International Energy Conservation Code and Adopt a Corresponding Amendment to the Minimum Building
Standards Code
RECOMMENDATION:
It is recommended that the City Council:
Adopt the attached six ordinances which include the following:
1. Adoption of the 2009 International Building Code with local amendments, as the Building Code of the
City of Fort Worth;
2. Adoption of the 2009 International Residential Code with local amendments, as the Residential Code of
the City of Fort Worth;
3. Adoption of the 2009 International Mechanical Code with local amendments, as the Mechanical Code
of the City of Fort Worth;
4. Adoption of the 2009 International Plumbing Code and the 2009 International Fuel Gas Code with local
amendments, as the Plumbing Code of the City of Fort Worth;
5. Adoption of the 2009 International Energy Conservation Code with local amendments, as the Energy
Code of the City of Fort Worth; and
6. Adopt an amendment to the Minimum Building Standards Code concerning sleeping room escape and
smoke detectors to match the above ordinances. This ordinance has been reviewed by the Code
Compliance staff and approved to be processed with this M&C.
DISCUSSION:
Construction codes are constantly changing with the development of new products, materials, construction
methods, and after-action evaluations of disasters. The City of Fort Worth has adopted model codes from
the International Code Council (ICC), with local amendments, as the construction codes for the
City. These model codes are reviewed and updated annually through a national code adoption process.
Every three years these changes are codified and published for local adoption. The 2009 edition of ICC
codes are the latest published version offered for adoption by the Planning and Development Department
and the Fire Department.
Logname: 062009ICODES Page I of 2
During the code review staff endeavored to identify code provisions that would most affect industry, such
as Residential Wind Bracing, State of Texas Foundation Requirements, and Window Sill Height. To further
the dialogue with the industry, notifications were distributed and meetings were held with impacted
stakeholder groups, including the Development Advisory Committee and the Greater Fort Worth Builders
Association.
The State of Texas has adopted the 2009 International Energy Conservation Code (IECC) as the energy
code for the state. As such, adoption and implementation by the City of Fort Worth is required by April 1,
2011, for commercial construction and January 1, 2012, for home construction. Staff proposes to follow
the State's effective dates.
The ordinances will have an effective date of April 1, 2011 for all provisions except home energy code
requirements which will be effective January 1, 2012.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
FUND CENTERS:
TO Fund/Account/Centers
FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office b~
Originating DeEartment Head:
Additional Information Contact:
Fernando Costa (6122)
Randle Harwood (6101)
AI Godwin (7825)
David Hall (7844)
Logname: 062009ICODES Page 2 of 2