HomeMy WebLinkAboutOrdinance 17530-05-2007ORDINANCE NUMBER 17530-OS-2007
AN ORDINANCE AMENDING THE FORT WORTH BUILDING CODE, BY
PROVIDING FOR A CHANGE IN THE MEMBERSHIP OF THE
CONSTRUCTION AND FIRE PREVENTION BOARD OF APPEALS; 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.
WIIEREAS, the City of Fort Worth has determined that it is appropriate to amend
the membership makeup of the Construction and Fire Prevention Board;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS, AS FOLLOWS:
SECTION 1.
Section 7-47 of the Code of the City of Fort Worth (1986) is amended by replacing
current Section 112.3 as follows:
112.3 Composition of Board; Appointment of Members. The Board shall consist
of eleven members, with three alternate members, to be appointed in the following manner:
Place 1. Architect -Nominated by the Fort Worth Chapter of the American
Institute of Architects
Place 2. Engineer (with Mech/Elec/Plum, or structural background) -
Nominated by the Fort Worth Branch of the Texas Society of
Professional Engineers
Place 3. Fire Protection Engineer or Fire Protection Professional -Nominated
by the City Manager
Place 4. Architect -Nominated by the Fort Worth Chapter of the American
Institute of Architects
Place 5. General Contractor - Nominated by the Fort Worth Chapter of the
Associated General Contractors
Place 6. Building Owner or Manager -Nominated by the Building Owners
and Managers Association of Fort Worth
Place 7. Engineer (with MechlElec/Plum, or structural background) -
Nominated by the Fort Worth Branch of the Texas Society of
Professional Engineers
Place 8. Permit Master Electrician -Nominated by the City Managerl
Place 12. Alternate Permit Master Electrician -Nominated by the City
Managerl
Place 9. Master Plumber - Nominated by the City Managerl
Place 13. Alternate Master Plumber -Nominated by the City Managerl
Place 10. HVAC contractor - Nominated by the City Manager3
Place 14. Alternate HVAC contractor -Nominated by the City Manager3
Place 11. Home Builder -Nominated by the Fort Worth Home Builder's
Association
~ Before forwarding recommendation to City Council, the City Manager shall allow for comments from the local chapters of National
Electrical Contractors Association and Independent Electrical Contractors Association concerning any objections to the
recommendation.
~ Before forwarding recommendation to City Council, the City Manager shall allow for comments from the local chapter of Plumbing-
Heating-Cooling Contractors Association concerning any objections to the recommendation.
' Before forwarding recommendation to City Council, the City Manager shall allow for comments from the local chapters of Air
Conditioning Contractors of America and Refrigeration Service Engineers Society concerning any objections to the recommendation.
The City Manager shall appoint members, or alternate members, to the Board from
time to time subject to the consent of the City Council. If nominations are not received from
nominating organizations within 45 days of the date when requested, the City Manager may
entertain nominations from other sources.
Whenever any reference to the Building Code Board of Appeals, the Electrical
Board, the Mechanical Board, or the Plumbing Board is made in any ordinance adopted
prior to this ordinance, such reference shall be deemed to refer to the Construction and Fire
Prevention Board of Appeals as created herein.
All members, upon being sworn in, shall become officers of the City of Fort Worth.
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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 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
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production thereof, as provided in Chapter XXV, Section 3, of the Charter of the City of
Fort Worth, Texas.
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 FORM AND LEGALITY:
Assistant City Attorney
Adopted: May 1, 2007
Effective: ~ ~ ~
2-22-06
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March 1, 2007
Mr. Gary Caldwell
Assistant Building Official
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102-6311
RE: Construction and Fire Prevention Board
Dear Mr. Caldwell:
Texas Society P.O. Box 17453
of Professional Fort Worth, Texas 76102-0453
Engineers tspe-fortworth.org
FORT WORTH CHAPTER
It was a pleasure talking with you about the Construction and Fire Prevention Board and
the desire to have more professional engineers on that board. As you are well aware,
professional engineers play a vital role in meeting the technological challenges that
society faces. Professional engineers also play a crucial role in developing and
supporting the use of standards that govern the design and construction industry.
Therefore, it seems fitting to include as many professional engineers as possible on a
board that reviews and enforces the standards that shape the profession. The Fort
Worth Chapter of TSPE wholeheartedly supports the inclusion of two professional
engineers on the Construction and Fire Prevention Board.
Because our society represents all professional engineers, we are also happy to provide
qualified applicants to serve on the board. If there is anything else we can do to assist
you or the City of Fort Worth, please do not hesitate to call on us.
Sincerely,
FORT WORTH CHAPTER TSPE
e~^6""7 ~' V~~-.--
Mich el W. Wellbaum, PE
President
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/1/2007 -Ordinance No. 17530-05-2007
DATE: Tuesday, May 01, 2007
LOG NAME: 06CFPBOAC07
REFERENCE NO.: G-15707
SUBJECT:
Adopt an Ordinance Amending the Membership of the Construction and Fire Prevention Board of
Appeals
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance to amend the membership of the
Construction and Fire Prevention Board of Appeals.
DISCUSSION:
Over the years, it has become difficult to fill the current positions on the Construction and Fire Prevention
Board of Appeals (11 members, 3 alternates) with individuals that meet the prescribed knowledge, reside in
the City of Fort Worth, and are willing to give up their personal time to serve.
Two positions that have become difficult to fill are as follows:
Place 7. Hazardous Materials and Chemicals Expert -Nominated by the City Manager
(vacant since February 2004)
Place 11. Fire Insurance Underwriter -Nominated by the City Manager
(vacant since August 2002)
With the current vacancies and absences, the Board has fluctuated between 6 and 7 members being
present. A quorum requires 6. During temporary vacancies, the Board fluctuates between 5 and 6
members being present, making it difficult to maintain a quorum.
In 2004, staff made an effort to contact the local chapter of Independent Insurance Agents of Tarrant
County. Also, we proposed to reduce the specific requirements of the position to "Fire Insurance
Underwriter or Commercial Fire Insurance agent, with knowledge of fire loss prevention." While they were
enthusiastic about the opportunity to fill a position, they were unable to find any member who is able to
serve.
As such, it is the recommendation of staff and the Construction and Fire Prevention Board of Appeals that
these two positions be converted into another Engineer position, allowing the opportunity to have both a
structural engineer and amechanical/electrical/plumbing (MEP) engineer, as well as, another architect
position. Staff has made contact with both organizations who have responded positively to the opportunity.
Since the current architect position is an odd position, No. 1, it was felt that the new position should be an
even position. Therefore, the new architect has been inserted into position No. 4, moving the Home
Builder's position, which is currently vacant, to position No. 11, replacing the Fire Insurance Underwriter.
Since the current engineer position is an even position, No. 2, the new engineer position is being inserted
Logname: 06CFPBOAC07 Page 1 of 2
into position No. 7, replacing the Hazardous Materials and Chemical Expert.
On April 3, 2007 the Legislative and Intergovernmental Affairs Committee recommended the above
mentioned changes to the Construction and Fire Prevention Board of Appeals.
FISCAL INFORMATIONICERTIFICATION:
The Finance Director certifies that this action will have no material impact on city funds.
TO Fund/AccountlCenters
FROM Fund/AccountJCenters
Submitted for City. Manager's Offce_by: Dale Fisseler (6140)
Originating Department Head: Bob Riley (8901)
Additional Information Contact: Bob Riley (8901)
Logname: 06CFPBOAC07 Page 2 of 2