HomeMy WebLinkAboutOrdinance 6489 ORDINANCE NO,_J� b 9�9
AN ORDINANCE AMENDING ORDINANCE N0, 6374 OF THE
CITY OF FORT WORTH, WHICH ORDINANCE ADOPTED
VOLUME I OF THE 1970 UNIFORM BUILDING CODE, AS
AMENDED, AS THE BUILDING CODE OF THE CITY OF
FORT WORTH, BY AMENDING SECTION 802 (b) THEREOF
CONTAINING SPECIAL PROVISIONS FOR OCCUPANCIES
USED FOR DAY CARE PURPOSES; MAKING THIS ORDI-
NANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING
ALL ORDINANCES AND PROVISIONS OF THE BUILDING
CODE OF THE CITY OF FORT WORTH IN CONFLICT HERE-
WITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
A PENALTY; AND PROVIDING AN EFFECTIVE DATE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS:
SECTION 1,
That Ordinance No, 6374, which ordinance adopted Volume
I of the 1970 Uniform Building Code, as amended, as the
Building Code of the City of Fort Worth, and Section 802 (b)
of the Building Code of the City of Fort Worth, is hereby
amended and, after having been so amended, said Section
802 (b) of the Building Code of the City of Fort Worth shall
hereafter read as follows:
" (b) Special Provisions, Rooms in Divisions
1 and 2 Occupancies used for day care purposes,
kindergarten, first or second grade pupils and
Division 3 Occupancies shall not be located above
the first story above grade,
EXCEPTION: Any Division 3 Occupancy with
children not less than 3 years of age and
with not less than one (1) adult supervisor
per seven (7) children at all times may be
located on the 2nd story above ground finish
grade in Types 1, 2 and 4 one-hour buildings, "
SECTION 2,
That this ordinance shall repeal every prior ordinance
and provision of the Building Code of the City of Fort Worth
in conflict herewith but only insofar as the portion of such
prior ordinance or provision shall be in conflict, and as to
all other ordinances or provisions of the Building Code of the
City of Fort Worth not in direct conflict herewith, this ordinance
shall be and is hereby made cumulative.
SECTIM 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.
SECTION 4.
That the violation of any provision of this ordinance or
of the Building Code of the City of Fort Worth shall be deemed
an offense and punishable by a fine not exceeding Two hundred
Dollars ($200), and each violation thereof, and each day on
which there is a failure to comply with the terms of this
ordinance or of the Building Code of the City of Fort Worth
shall be and is hereby declared to be a distinct and separate
offense and punishable as such.
SECTION 5,
That this ordinance shall be in full force and effect
from and after its passage and publication as required by
law,
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Adopted by the City Council
NNE City of Dort Worth, Texas
mar."t"
Mayor and Council Communication
DATE REFERENCE SUBJECT: Ordinance Revising Building PAGE
BUILDING NUMBER Code Provisions Regulating Day Care 1 of 3
5/17/71 G-1753 Centers
IMEB
Existing Provisions of the Building Code Regulating Day Care Centers
Section 802(b) of the City's Uniform Building Code provides that "Rooms in
Division 1 and 2 Occupancies used for day care purposes, kindergarten, first
or second grade pupils and Division 3 Occupancies shall not be located above
the first story above grade." Section 801 defines the three divisions of
occupancies as follows:
"Division 1. Any, building used for educational purposes through
the 12th grade by .50 or more persons for more than 12 hours per
week or 4 hours in any one day.
Division 2. Any building used for educational purposes through
the 12th grade by less than 50 persons for more than 12 hours
per week or 4 hours in any one day.
Division 3. Any building used for day care purposes for more
than 6 children."
At the present time, there are some inconsistencies existing in the Building
Code between regulations applied to public schools and those applied to day
care centers. Public schools are allowed to keep children above the first
story if they are third grade pupils or older; whereas day care centers are
not allowed to keep children of any age above the first story. However,
Oresent City requirements are consistent with the Uniform Building Code, which
is a nationally accepted code. The differences in application are based
generally on the realization that it is frequently the practice at daycare
centers to require or allow-naps by children; whereas this practice"is not
allowed in public schools, at'least at grade levels above the second-grade:
Also, it is generally accepted that public school buildings are constructed
in a manner to insure safety' of its occupants, whereas buildings used as day
care centers are not -arrays �as consistently sound in construction. Public
schools also provide regular fire drill instruction for their students and
while fire drills may be conducted in some day care centers , there is no rule
at the present time that'such drills must be presented.
On the other hand, adult supervision at day care centers is provided on a
more favorable ratio than that existing in public schools , usually on a ratio
of one supervisor for every 7 to 10 students. Another reason for consideration
of relaxing restrictions in the Building Code concerning day care centers is
that older children, some even.reaching into their teenage years , occupy
such centers following school.
Request by Day Care Association
At the City Council meeting on May 3, 1971, Mr. Warren Shipman, President
of the Day Care Association of Fort Worth and Tarrant County, appeared to
A
DATE REFERENCE susJECT: Ordinance Revising Building PAGE
NUMBER
Code Provisions Regulating Day Care 2 3
5/17/71 G-1753 enters °'
request an amendmerrt-to'-Section 802(b) of the Uniform Building Code to allow
day care centers tv` use=the second floor of public school buildings if
other reasonable-conditions required by the City were met, He mentioned
that he was specifivai-ly concerned about providing day care facilities at
the Amanda McCoy rle,mkittary School, 2100 Cooper. Recent requests have also
been received by�thO' staff from the Birchman Avenue Baptist Church and the
Westcliff Methodist-Church for relaxation of the Building Code restrictions
against-keeping chit-dren on the second floor. All three of these day care
centers are wishing to place children on the second story who are three
years of age and older.
Following Mr. Shipman's appearance, the City Council instructed the staff
to review provisions of the Building Code which regulate day care centers
to see if revisions could be suggested which would remove restrictions pro-
hibiting second floor occupancy at the Amanda McCoy Elementary School.
Pursuant to the Council's request, the City Attorney has prepared an ordinance
which would amend the Building Corte to allow occupancy of the second story
in all Type I, II, and IV one-hour rated buildings which are owned and
occupied by the Fort Worth Independent School District, regardless of age
of the occupants. This ordinance, if adopted by the City Council, would
enable the Amanda McCoy School and day care centers existing in other
buildings owned and occupied by the Fort Worth Independent School District
to use the second story for day care purposes.
Staff Analysis
It is the opinion of the Fire Ctrief, the Public Works Director and the City
Manager that, because of the reasons listed above, the Building Code should
not be amended to allow children below the third grade level to be kept above
the first story. However, the staff does recommend that the Building Code
be revised to remove inconsistencies that now exist between provisions regulat-
ing public schools and those regulating day care centers. Such revisions
would also allow operators of day care .centers more flexibility in making
facilities available to meet ar"pressing need. In keeping with the staff
recommendations, an alternate ordinance has been prepared by the City
Attorney which would amend Section 802(b) of the Building Code to allow
day care centers to provide facilities above the first story above grade,
but restrict such occupancy to children who are third grade level students
or above. Such occupancy world also be restricted to Types I and II struc-
tures and Type IV, one-hour protection constructed buildings. (A Type I
building is one constructed of steel, iron, concrete or masonry and offers
the greatest degree of fire resistive protection. A Type II building must
be made of steel, iron, concrete or masonry but offers less fire resistance
than that offered in Type I structures. A Type IV, one-hour building is
constructed of noncombustible material and must have all elements such as
structures, floors, roofs, or petitions protected by the one-hour rating.)
Under this ordinance, children who are below the third grade level will
still be prohibited from occupying facilities above the first story. This
recommendation is made with the realization that hazards to the life and
DATE REFERENCE SUBJECT: Ordinance Revising Building Code PAGE
NUMBER provisions Regulating Day Care Centers
5/17/ 71 G-1753 3 0f 3
safety of day care center occupants*-vill' b'e increased to some extent, but it
is believed that the proposed ameridment'to the Building Code is reasonable
in light of the considerations listed--above. The recommendation is also
made with the realization that such 2rr_a11CLdment to the Code will not enable
the Amanda McCoy School, the Birchman Avenue Baptist Church or the Westcliff
Methodist Church to provide second story facilities to children who are
below the third grade level. -
It is also proposed that the City of Fort Worth Fire Code which is now being
prepared by the Fire Code Review Committee include a provision to require
regular fire drills in day care fAtriltries. With the possibility that
children will be kept above the first story in day care centers , it is the
opinion of the staff that regular fire drills should be required.
Recommendation
-It is recommended that the ordinance amending the City Uniform Building Code
to allow day care centers to provide facilities above the first story above
grade for children in grade 3 or above and if located in Types I, II and IV,
one-hour buildings be adopted.
An ordinance amending the Building-Code- ta allow second story occupancy
in day care centers for all children-'regardless of age in buildings owned
and- occupied by the Fort'Worth Independent School District has also been
prepared by the City Attorney for approval by the City Council if the Council
wishes to consider such action.
0L:ms
SUBMITTED BY: DISPOSITION UNCIL: PROCESSED BY
APPROVED THER (DESCRIBE)
Removed words "owned and occupied by Fort Worth CITY SECRETARY
al�z Independent School District" from ordinance; DATE
CITY MANAGER dopted Ordinance No. 6489 5/17/71