HomeMy WebLinkAboutOrdinance 23603-03-2019ORDINANCE NO. 23603-03-2019
AN ORDINANCE AMENDING CHAPTER 7 "BUILDINGS" OF
THE CODE OF THE CITY OF FORT WORTH (2015) AS
AMENDED, AMENDING ARTICLE I "IN GENERAL", SECTION
7-1 "BUILDING ADMINISTRATIVE CODE" TO AMEND
SECTION 119, TABLE 1-B TO AMEND THE FEE FOR
CONSTRUCTION AND FIRE PREVENTION BOARD OF APPEAL
APPLICATIONS, DELETE THE FEE FOR SEXUALLY ORIENTED
BUSINESS CERTIFICATE OF OCCUPANCY, ADD A FEE FOR
SIMULTANEOUS PLAN AND PLAT REVIEW AND RENUMBER
THE TABLE; PROVIDING PENALTIES FOR THE VIOLATION
THEREOF; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION IN PAMPHLET FORM; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, On April 1, 2014 the City Council approved Ordinance No. 21189-
04-2014 to amend development fees, including the application fee for the Construction Fire
Prevention Board of Appeals from $125.00 to $200.00; and
WHEREAS, on July 22, 2014, the City Council adopted Ordinance No. 21344-
07-2014 to amend the Fort Worth Building Code to add a fee to facilitate simultaneous
building plan review and subdivision plat review for development process improvement;
and
WHEREAS, on December 6, 2016, the City Council adopted Ordinance No.
22523-12-2016 to adopt an Administrative Code to provide for a single location for the
building and construction codes administration and enforcement requirements rather than
including duplicative requirements in the individual building and constructions codes; and
WHEREAS, Ordinance No. 22523-12-2016 inadvertently included language for
fees that did not contain the amendments made in Ordinance Nos. 21189-04-2014 and
21344-07-2014; and
WHEREAS, this ordinance will add language to correctly reflect the changes made
by the City Council through the aforementioned ordinances in 2014 as well as amend the
fee for an application to the Construction and Fire Prevention Board of Appeals and delete
the reference in Section 119 of the Administrative Code to sexually oriented business
certificate of occupancy.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS:
Sec. 7-1 119, Table 1-B Ordinance No. 23603-03-2019
Fee Amendment Page 1 of 5
SECTION 1.
Section 7-1 "Building Administration" of Article I, "In General" of Chapter 7,
"Buildings" of the Code of the City of Fort Worth (2015) is hereby amended by amending
Section 119 "Fee Tables", Table No. 1-B of the Fort Worth Building Code by amending
the application fee for the CFPBOA, deleting the fee for sexually oriented business
specialized certificate of occupancy, adding a fee for simultaneous plan and plat review in
addition to any fees required by Table 1-C-1 and renumbering the table in its entirety, to
read as follows:
SECTION 119
TABLE NO. 1-13
1. CFPBOA Application fee
a. 1 It item per address
b. Each additional item per address
2. Building Permit and Parkway Permit
Application
a. Fee for paper submittal in lieu of online
(nonrefundable)
b. Technology fee
3. Demolition and Moving Fees
Square footage:
a. 1 through 1,000
b. 1001 through 2,000
c. 2,001 through 3,000
d. 3,001 through 4,000
e. 5,001 through 10,000
f. 10,001 through 20,000
g. 20,001 and above
4. Change of Occupancy Fee
5. Building Ordinance Inspection Fee (per
inspector)
6. Limited Certificate of Occupancy
7. Inspection (Orange) Card Replacement
8. Record Change Fee (per record or permit)
9. Plan Review Deposit"
a. Those requiring circulation
Sec. 7-1 119, Table 1-B
Fee Amendment
$200.00
12500
$100.00
30.00
$25.00
$25.00
$5.00
$67.00
$136.00
$254.00
$381.00
$510.00
$682.00
$1364.00
$72.00
$30.00
$300.00
$25.00
$25.00
$220.00
($40.00)
Ordinance No. 23603-03-2019
Page 2 of 5
b. Those without circulation I $85.00
($20.00)
*Deposit is not required for additions and remodels to existing Group R-3 Occupancies, and
for additions, remodels or new construction of their accessory structures. Where the plan
review is performed under the third party option, the deposit shall be the amount in the
parenthesis.
10. Residential Master Plan Registration $60.00
11. Vendor Certificate of Occupancy for Mobile $60.00
and Temporary Vendors
12. Sidewalk Cafes (valid one year) $150.00
13. Temporary Power Letters $33.00
W
14.
Simultaneous Plan and Plat Review
$1,000.00
15.
X-Team Review
a. Application fee (nonrefundable)
$200.00
b. In person meeting review
$1,000.00
(two hour minimum)
per hour
c. Review without a meeting
$1,000.00
(pro -rated for actual review time)
per hour
d. Revisions (pro -rated for actual review time —
$1,000.00
minimum of 15 minute intervals)
per hour
Other Inspection Fees:
1.
Inspections outside of normal business hours
$75.00
(minimum of four hours)
per hour
2.
Re -inspection fee
$50.00
3.
Inspections for which no fee is specifically
$50.00
indicated (minimum charge — one-half hour)
per hour
4.
Additional plan review required by changes, additions
or
revisions:
a. to plans (minimum charge — one-half hour)
$50.00
per hour
b. for 3rd Party building, electrical, mechanical,
$16.50
plumbing and energy
5.
Inspections outside of city limits
$75.00
(minimum of four hours)
per hour
Sec. 7-1 119, Table 1-B Ordinance No. 23603-03-2019
Fee Amendment Page 3 of 5
SECTION 2.
This article shall be cumulative of all provisions of ordinances and of the Code of
the City of Fort Worth, Texas (1986), as amended, except where the provisions of this
article are in direct conflict with the provisions of such ordinances and such Code, in which
event conflicting provisions of such ordinances and such Code are hereby repealed.
SECTION 3.
It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move,
improve, remove, convert, demolish, equip, use, occupy, or maintain any building or
structure in the City or cause the same to be done contrary to or in violation of any of the
provisions of this Code. Any person, firm or corporation violating any of the provisions of
this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall
be punishable by a fine not to exceed Two Thousand Dollars ($2,000.00) for all violations
involving fire safety, or public health and sanitation and shall be fined not more than Five
Hundred Dollars ($500.00) for all other violations of this ordinance. Each day or any
portion thereof during which any violation of this ordinance occurs or continues shall be
deemed a separate offense and upon conviction thereof shall be punishable as herein
provided.
SECTION 4.
It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses, and phrases of this ordinance are severable, and, if any
phrase, clause, sentence, paragraph, or section of this ordinance shall be declared void,
ineffective, or unconstitutional by the valid judgment or final decree of any court of
competent jurisdiction, such voidness, ineffectiveness, or unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this
ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such void, ineffective, or unconstitutional phrase,
clause, sentence, paragraph, or section.
SECTION 5.
This ordinance constitutes a digest and revision of the Building Code of the City of
Fort Worth, as provided in Section 2, Chapter XXV, and Section 9, Chapter VII, of the
Charter of the City of Fort Worth. The Development Department of the City of Fort Worth,
Texas, is hereby authorized to publish this ordinance in pamphlet form for general
distribution among the public, and the operative provisions of this ordinance, as so
published, shall be admissible in evidence in all courts without further proof than the
production thereof, as provided in Chapter XXV, Section 3, of the Charter of the City of
Fort Worth, Texas.
Sec. 7-1 119, Table 1 -13 Ordinance No. 23603-03-2019
Fee Amendment Page 4 of 5
SECTION 6.
The City Secretary of the City of Fort Worth, is hereby directed to publish the
caption, penalty clause, and effective date of this ordinance for two (2) days in the official
newspaper of the City of Fort Worth, Texas as authorized by Section 2, Chapter XXV of
the Charter of the City of Fort Worth, Texas and by Section 52.013 (a) of the Texas Local
Government Code.
SECTION 7.
This ordinance shall take effect after adoption and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
'ec ta Melinda Ramos, Assistant City Attorney Mary Kayse ASec4t�ry
Adopted: March 19. 2019
Effective:
Sec. 7-1 119, Table I-B Ordinance No. 23603-03-2019
Fee Amendment Page 5 of 5
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 311912019 -'Ordinance No. 23603-03.2019
DATE: Tuesday, March 19, 2019 REFERENCE NO.: G-19508
LOG NAME: 06FORT WORTH ADMINISTRATIVE BUILDING CODE
SUBJECT:
Adopt Ordinance to Amend the Fort Worth Building Administrative Code, Chapter 7, Article I, Table 119 1-
B to Update the Fees for the Construction and Fire Prevention Board of Appeals, Add Fees for
Simultaneous Plan and Plat Review and Expedited Plan Review, and Delete the Fee for Sexually Oriented
Business Specialized Certificate of Occupancy which Appears Elsewhere (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance to update the Building
Administrative Code, Chapter 7, Article I, Section 119, Table 1-B to:
1. Amend the fee for applications to the Construction and Fire Prevention Board of Appeals from $125.00
to $200.00;
2. Add fees for Expedited Plan Review and Simultaneous Plan and Plat Review; and
3. Delete the fee for a Sexually Oriented Business Specialized Certificate of Occupancy now located in
Chapter 2, Article 12, Section 2-231 of the City Code.
DISCUSSION:
The Fort Worth Building Administrative Code was adopted on December 6, 2016, Ordinance 22523-12-
2016 and includes fees for various services provided by the Planning and Development Department. The
Fort Worth Building Administrative Code serves as the administrative, organizational, and enforcement
regulations for the Fort Worth Building, Residential, Plumbing, Mechanical, Electrical, Sign and existing
Building Codes, which prior to the adoption of the Building Administrative Code contained duplicative
language, resulting in unnecessary redundancies in the various codes.
Ordinance No. 22523-12-2016 inadvertently included language for fees that did not contain the
amendments made in Ordinance No. 21189-04-2014, which amended the application fee for the
Construction and Fire Prevention Board or Appeals from $125.00 to $200.00 and Ordinance No. 21344-
07-2014, which added a fee simultaneous building plan review and subdivision plat review.
The attached ordinance will add language to correctly reflect the changes made by the City Council
through the aforementioned ordinances in 2014 by amending the fee for an application to the Construction
and Fire Prevention Board of Appeals, adding the fee for simultaneous building plan and subdivision plat
review and deleting the sexually oriented business certificate of occupancy fee which has been relocated
to Section 2-231 of the City Code.
This M&C does not request approval of a contract with a business entity.
PiRrAI INF(1RMATI(1N / (:FRTIFIrATI(1AI-
Lon e: 06FORT WORTH ADMINISTRATIVE BUILDING CODE Page 1 of
The Director of Finance certifies that upon approval of the above recommendations, the participating
department is responsible for the collection and deposit of funds due to the City.
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project JProgram ctivity Budget Reference # moun
ID 1 ID 1 [ (Chartfield 2) 1
FROM
Fund Dep rtment ccoun Prop ct Proi
gram ct'
vity Budget Reference # moun
ID Year (Chartfield 2)
CERTIFICATIONS:
Submitted for Citv Manaaer's Office bv: Jay Chapa (6122)
Orininatina Department Head: Randle Harwood (6101)
Additional Information Contact: Allison Gray (8030)
ogn e: 06FORT WORTH ADMINISTRATIVE BUILDING CODE Page 2 of