HomeMy WebLinkAboutOrdinance 23686-06-2019 ORDINANCE NO. 23686-06-2019
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 109 AND SECTION 119, TABLE 1-A TO AMEND THE
TABLE TO NON-RESIDENTIAL REMODEL AND ACCESSORY
BUILDING PERMIT FEES AND ADD TABLE 1-A-1 RESIDENTIAL
REMODEL FEES; PROVIDING THAT THIS ORDINANCE SHALL
BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION IN PAMPHLET FORM; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on May 21, 2019 the Texas Governor signed HB 852, effective
immediately, which provides that municipalities may not base their building permit fees
on the cost of a proposed residential dwelling structure or improvement; and
WHEREAS, the City currently sets the fee for remodel work based on the
valuation of the remodel value; and
WHEREAS, this ordinance will revise the fee assessed for residential remodel
work to comply with HB 852.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS:
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 109 "Fee , to read as follows:
SECTION 109 -FEES
109.2.1 Building Permit Fees. The fee for each permit shall be as follows:
1. For non-residential Remodel Work, and for new non-residential construction of
items that do not have a square footage(fences, swimming pools,retaining walls, etc.), the
fee shall be as set forth in Section 119, Table No. 1-A;
2. For New Construction or New Addition,the fee shall be asset forth in Section 119,
Tables No. 1-C-1 through 1-C-4 dependent upon the Use Group involved. Buildings with
multiple use groups shall be divided and charged the applicable fee per use group. Shell
buildings shall be charged a fee based upon the expected use group of the building with no
reduction for being a shell.
Sec. 7-1, 119,Table 1-A and lA-1 Ordinance No.23686-06-2019
Fee Amendment Page 1 of 4
3. When work involves both remodel and new construction/addition, the fee for the
non-residential remodel will be based upon the remodel value and the fee for the new
construction/addition shall be based upon square footage.
4. When the work involves a residential remodel, the fee for the remodel will be based
upon the number of trades required to complete the project as specified in Table 1-A-1.
5. Other fees shall be as specified in Section 119, Table No. 1-B. At the time of
application, along with any other fees required, a non-refundable permit application fee as
specified in Section 119, Table No. 1-B shall be required.
SECTION 2.
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-A of the Fort Worth Building Code by amending
the title of the Table and deleting footnote 1 for residential projects and renumbering
footnote 2, and by adding Table No. 1-A-1 to read as follows:
SECTION 119 - FEE TABLES
TABLE NO. 1-A
NON-RESIDENTIAL REMODEL AND ACCESSORY BUILDING PERMIT FEES
INCLUDES FEES FOR NEW CONSTRUCTION WITH NO SQUARE FOOTAGE
[Table remains unchanged, foot note 1 deleted in its entirety and renumbered]
'Commercial projects:
i. When plan review and field inspections are performed by Third Party, the permit fee
shall be reduced by multiplying the sum by 25% (0.25). The resulting amount will
be calculated to the penny with no rounding for the tenth of a penny figure.
ii. When plan review is performed by Third Party with field inspections performed by
City Staff, the permit fee shall be reduced by multiplying the sum by 70% (0.70).
The resulting amount will be calculated to the penny with no rounding for the tenth
of a penny figure.
iii. When plan review is performed by City Staff with field inspections performed by
Third Party, the permit fee shall be reduced by multiplying the sum by 55% (0.55).
The resulting amount will be calculated to the penny with no rounding for the tenth
of a penny figure.
Sec. 7-1, 119,Table 1-A and lA-1 Ordinance No.23686-06-2019
Fee Amendment Page 2 of 4
Table 1-A-1
Residential Remodel Fees
(Based upon the number of trades required for the project)
Number of Minimum Permit Fee'
Trades
1 $100.00
2 $200.00
3 $300.00
4 $400.00
5 $500.00
Residential projects(one-and two-family dwellings,and townhouses regulated by the IRC,and their accessory structures):
i. When plan review and field 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.
ii. When plan review is performed by Third Party with field inspections performed by City Staff,the permit fee shall be reduced
by multiplying the sum by 70%(0.70). The resulting amount will be calculated to the penny with no rounding for the tenth of
a penny figure,
iii. When plan review is performed by City Staff with field inspections performed by Third Party,the permit fee shall be reduced
by multiplying the sum by 55%(0.55). The resulting amount will be calculated to the penny with no rounding for the tenth of
a penny figure.
SECTION 3.
This article shall be cumulative of all provisions of ordinances and of the Code of
the City of Fort Worth, Texas (2015), as amended, except where the provisions of this
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 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.
Sec. 7-1, 119, Table 1-A and lA-1 Ordinance No.23686-06-2019
Fee Amendment Page 3 of 4
SECTION 5.
This ordinance constitutes a digest and revision of the Building Code of the City of
Fort Worth, as provided in Section 2, Chapter XXV, and Section 9, Chapter XXVII, of the
Charter of the City of Fort Worth. The Development Department of the City of Fort Worth,
Texas, is hereby authorized to publish this ordinance in pamphlet form for general
distribution among the public, and the operative provisions of this ordinance, as so
published, shall be admissible in evidence in all courts without further proof than the
production thereof, as provided in Chapter XXV, Section 3, of the Charter of the City of
Fort Worth, Texas.
SECTION 6.
This ordinance shall take effect after adoption and publication as required by law.
A PROVED A FORM AND LEGALITY:
Melinda Ramos, Assistant City Attorney Mary Kay it" 'cretary
Adopted: June 4, 2019 OF F®Rr
Effective: June 4, 2019 0
XA8
Sec. 7-1, 119,Table 1-A and lA-1 Ordinance No.23686-06-2019
Fee Amendment Page 4 of 4
6/5/2019 M&C-Council Agenda
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/4/2019 -Ordinance No. 23686-06-2019
DATE: Tuesday, June 4, 2019 REFERENCE NO.: G-19550
LOG NAME: 06ADMINISTRATIVE BUILDING CODE RES PERMIT FEES
SUBJECT:
Adopt Ordinance to Amend the Fort Worth Building Administrative Code, Chapter 7, Article I, Table 119 1-A
and to Add Table 119 1-A-1 to Update the Building Permit Fees for Residential Remodel Work (ALL
COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending the Fort Worth Building
Administrative Code, Chapter 7, Article I, Section 119, Table 1-A and adding Table 119 1-A-1 to update the
building permit fees for residential remodel work.
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.
The Texas Legislature recently passed H.B. 852 which prohibits a municipality from determining the
amount of a building permit or inspection fee required in connection with the construction or improvement
of a residential dwelling, based upon (a) the value of the dwelling; or (b) the cost of constructing or
improving the dwelling; and states that a city may not require the disclosure of information related to the
value of or cost of constructing or improving a residential dwelling as a condition of obtaining a building
permit except as required by the Federal Emergency Management Agency for participation in the National
Flood Insurance Program. This legislation was signed on May 21 and became effective immediately.
Currently, the City of Fort Worth assesses building permit fees for residential remodels based upon the
value of the remodel. The proposed amendment to the Fort Worth Building Administrative Code will
change the way we calculate residential remodel builidng permit fees from one based upon valuation of
remodel work to a flat fee based upon the number of trades involved in the project. Each trade involved will
incur a $100 flat fee, which will pay for the plans exam and inspections for that project. A simple project
with one trade, plumbing, will incur a flat fee of$100; a more complicated project with building,
mechanical, electrical and plumbing work will be assessed a flat fee of$400.
The attached ordinance will add a new fee table for residential remodels and will amend the existing fee
Table 119 1-A by removing references to residential remodels. Commercial remodel projects will still be
assessed fees based upon valuation of the remodel.
A Form 1295 is not required because: This M&C does not request approval of a contract with a business
entity.
FISCAL INFORMATION / CERTIFICATION:
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6J5✓2019 M&C-Council Agenda
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 Accoun Project Program Activity Budget Reference# mount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
CERTIFICATIONS:
Submitted for City Manager's Office by; Jay Chapa (6122)
Originating Department Head: Randle Harwood (6101)
Additional Information Contact: Allison Gray (8030)
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