HomeMy WebLinkAboutOrdinance 17390-02-2007ORDINANCE NO. 17390-02-2007
AN ORDINANCE AMENDING THE FORT WORTH FIRE CODE,
BEING ORDINANCE NO. 14652, WHICH INCORPORATED THE
2000 THE INTERNATIONAL FIRE CODE WITH APPENDICES, TO
AMEND SUBSECTION 3406.3.1.3, "BUILDINGS", OF SECTION
3406.3, "WELL DRILLING AND OPERATING" TO PROHIBIT AN
OIL OR GAS WELL TO BE DRILLED WITHIN SIB HUNDRED (600)
FEET OF CERTAIN BUILDINGS; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY CLAUSE; PROVH)ING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; ANI) PROVIDING
AN EFFECTIVE DATE.
WHEREAS, on June 5, 2001, the City Council of Fort Worth adopted Ordinance No.
14652 amending the Fire Code of the City of Fort Worth and incorporating the 2000
International Fire Code with Appendices; and
W]EIEREAS, Ordinance No. 14652, as adopted in June, 2001, allowed an oil or gas
well to be drilled within one hundred (100) feet of buildings not necessary for the operation
of a well and allowed buildings to be constructed one hundred (100) feet from an existing oil
or gas well; and
WHEREAS, on December 11, 2001, the City Council of Fort Worth adopted
Ordinance No. 14880, establishing regulations for the drilling and production of gas wells
within the limits of Fort Worth; and
WHEREAS, Ordinance No. 14880 required ail gas wells to be drilled at least three
hundred (300) feet from any structure intended for human occupancy; and
WHEREAS, on March 5, 2002, the City Council adopted Ordinance No. 15001 to
provide continuity in the provisions of the City Code between the Gas Drilling and
Production Ordinance and the Fire Code; and
WHEREAS, on July 6, 2004, the City Council of Fort Worth adopted Ordinance No.
16027 amending the Fire Code of the City of Fort Worth and incorporating the 2003
International Fire Code with Appendices, but the previously adopted provisions related to gas
drilling in Ordinance Number 15001 were inadvertently not included; and
WHEREAS, the City Council adopted Ordinance Number 16252 on January 4, 2005,
incorporating the provisions related to the gas drilling in the 2003 International Fixe Code;
and
WHEREAS, in the past five years, gas drilling and production has moved from
sparsely. populated areas in the northern part of the City to more densely urbanized areas in
the southern, western and eastern portions of the City; and
WHEREAS, the City Council appointed a task force composed of gas industry,
developers and neighborhood representatives to study revisions to the gas drilling ordinance
that would improve the quality of life for those citizens working and living near the drilling
sites; and
WHEREAS, Ordinance No. 14880 was revised by Ordinance No. 16986 on June 13,
2006, increasing the distance a well can be drilled from certain uses from three hundred (300)
feet to six hundred (600) feet unless a wavier is granted by the City Council or all property
owners within six hundred (600) feet; and
WHEREAS, in order to provide continuity in the provisions of the City Code, it is
necessary to revise the current Fire Code to conform with the revised Gas Drilling and
Production Ordinance for well drilling; to provide how close a structure intended for human
occupancy can be built from an existing gas well and to provide how the measurement is
deternuned;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS, AS FOLLOWS:
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SEC'T'ION 1.
Section 13-1 of the Code of the City of Fort Worth (1986), incorporating the 2003 edition of
the International Fire Code is hereby amended to read as follows:
SECTION 3406
WELL IDRILLING OPERATIONS
Section 3406.3.1.3:
Section 3406.3.1.3 Buildings. Wells shall not be drilled within six hundred (600 feet of
a residence, religious institution, public building, hospital building, school or public park
(Protected Uses) without a high impact permit issued after a waiver from City Council or
written waiver from all property owners within six hundred (600) feet of the well per the
regulations of the Ci T's gas drilling and production ordinance. No well shall be drilled
closer than two hundred (200) feet from any buildings that are not necessary to the
aeration of the well. Such distance shall be measured from the well bore, in a straight
line, without regard to intervening structures or objects, to the closest exterior point of the
building.
Section 3406.3.1.3.
Section 3406.3.1.3.2 Existing Wells. Where wells are existing, buildings not necessary
to the operation of the well shall not be constructed within two hundred (200) feet from
any existing well. Such distance shall be measured from the well bore, in a straight line,
without regard to intervening structures or objects, to the closest exterior point of the
building.
Section 3406.3.1.3.3:
Section 3406.3.1.3.3 12eduction in Building Distance. The distance set out in Section
3406.3.1.3.2 "Existing Wells" may be reduced to one hundred (100) feet with the
unanimous consent of all the surface property owners, the permitted well operator and the
three-fourths affirmative vote of all City Council members.
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances and of the Code of
the City of Fort Worth, Texas (1986), as amended, except where the provisions of this
ordinance are in direct conflict with the provisions of such ordinances and such Code, in
which event conflicting provisions of such ordinances and such Code are hereby repealed.
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SECTI®N 3.
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 unconstitutional by
the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality
shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of
this ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase, clause, sentence,
paragraph or section.
SECTI®N 4.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this code with respect
to life safety, shall be fined not more than Two Thousand Dollars ($2,000.00) for each
offense, and with respect to all other provisions of this code shall be fined not more than Five
Hundred Dollars ($500.00) for each offense. Each day that a violation exists shall constitute
a separate offense.
SECTI®N 5.
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to
any and all violations of the provisions of Chapter 13 of the Code of the City of Fort Worth,
as amended, or any other ordinance 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
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final disposition by the courts.
SECTI®N 6.
That the City Secretary of the City of Fort Worth, Texas is hereby directed to publish
this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as
authorized by V.T.C.A. Local Government Code Subsection 52.013.
SECTI®N 7.
That this ordinance shall take affect upon adoption and publication as required by
law.
APPROVED AS TO FORM AND LEGALITY
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Assistan~ ty Attorney
ADOPTED: ~~~ ~7
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EFFECTIVE: ~iiU ~
Cii~ of F®rt Vt/orth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 2/6/2007 -Ordinance No. 17390-02-2007
DATE: Tuesday, February 06, 2007
LOG NAME: 06FIRE CODE REFERENCE NO.: **G-15603
SUBJECT:
Adoption of Ordinance Amending Sections of the Fort Worth Fire Code to Provide Consistency with
the Requirements of Article II of Chapter 15, "Gas Drilling and Production" of the City Code
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance adding Sections 3406.3.1.3 of the
Fort Worth Fire Code in order to provide consistency with the requirements of the Fort Worth Fire Code and
the Gas Drilling and Production Ordinance No. 14880, as amended by Ordinance Nos. 16986 and 17309, in
line relative to the distance between wells and structures.
DISCUSSION:
On December 11, 2001, the City Council adopted Ordinance No. 14880 regulating gas drilling within the city
limits of Fort Worth. Ordinance No. 15001, adopted on March 3, 2002 and Ordinance No. 16252 adopted
January 4, 2005, revised the Fort Worth Fire Code to restrict oil and gas drilling within 300 feet of an
existing or permitted structure as required by the adopted gas drilling ordinance and mandated that a
building (other than such building necessary to the operation of said well) not be constructed within 200 feet
of an existing oil or gas well. The City Council was given discretion to reduce this distance to 100 feet with
the unanimous consent of the property owners, the permitted well operator and the three-fourths affirmative
vote of all City Council members.
On June 13, 2006, the City Council adopted Ordinance No. 16986-06-2006, revising the 2001 gas drilling
ordinance and Article II of Chapter 15, "Gas Drilling and Production" of the City Code to add noise mitigation
procedures and revisions to the standards allowed for noise decibel levels, requiring further notification and
informational meetings for the citizens of Fort Worth, and adding additional site security, signage, fencing,
landscaping and other revisions to the technical regulations, and increasing the permitted drilling distance
requirements to six hundred (600) feet from protected uses for high impact permits. This distance may be
reduced after a waiver from City Council or written waiver from all property owners within six hundred (600)
feet of the well per the regulations of the City's gas drilling and production ordinance. No well shall be
drilled closer than 200 feet from any buildings that are not necessary to the operation of the well.
It is advisable to amend the current Fort Worth Fire Code to provide for consistency between the Fort Worth
Fire Code and the amended Gas Drilling and Production Ordinance related to allowed distance for drilling
and production.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
Logname: 06FIRE CODE Page 1 of 2
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office b~ Dale Fisseler (6140)
Originating Department Head: Bob Riley (8901)
Additional Information Contact: Tom Edwards (2314)
David ~unsford (2339)
Logname: 06FIRE CODE Page 2 of 2