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HomeMy WebLinkAboutOrdinance 7563 ORDINANCE NO. 7_5 (D AN ORDINANCE AMENDING EXHIBIT A AND EXHIBIT B OF ORDINANCE NO. 6408, THE MECHANICAL CODE OF THE CITY OF FORT WORTH, AS AMENDED BY ORDINANCE NO. 7083, BY AMENDING CHAPTER 10, DUCTS, THEREOF, TO PROVIDE AN EXCEPTION THAT DUCTS, DUCT INSU- LATION, AND MATERIALS HAVING A FLAME SPREAD OF 25 OR LESS AND A SMOKE DEVELOPMENT OF 50 OR LESS MAY BE USED INSIDE CONCEALED SPACES FORMING AIR PLENUMS; PROVIDING FOR REPEAL;_PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AUTHORIZING PUBLICATION IN BOOK OR PAMPHLET FORM; DIRECTING PUBLICATID N OF THE CAPTION, PENALTY CLAUSE AND EFFECTIVE DATE; DIRECTING THE ENGROSSMENT AND ENROLLMENT OF THE CAPTION AND PENALTY CLAUSE AND THE FILING OF THIS ORDINANCE; PROVIDING A PENAL CLAUSE; AND NAMING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1, That Paragraph (a) of Section 1002 of Chapter 10 of Ordinance 6408 as amended by Ordinance 7083, be, and the same is hereby amended so that hereafter same shall read and be as follows: Material Sec. 1002. (a) General. Circulating air and conditioned air supply for heating, cooling, absorption or evaporative cooling systems shall be conducted through a duct system constructed of metal as set forth in Tables No. 10-A, 10-B, 10-C, or nonmetallic ducts complying with U.M.C. Standard No. 10-1. Ducts, plenums and fittings may be constructed of asbestos cements, concrete, clay, or ceramics when installed in the ground or in a concrete slab provided all joints are tightly sealed. Concealed spaces within a building may be used as circulating air plenums when such spaces are of noncombustible material provided vents, vent connectors and exposed combustible materials shall not extend into or through such spaces. Combustible construction may be used for the circulating air ducts, plenums or concealed spaces which serve a dwelling unit. Exception: Ducts, duct insulation, and materials having a flame spread of 25 or less and a smoke de- velopment of 50 or less may be used inside the concealed spaces forming air plenums. When approved by the Building Official, ducts and plenums may be of independent construction or a part of the building structure. Construction consisting of materials approved for one-hour fire- resistive construction applied to the conditioned air side of either combustible or noncombustible supports may be used as duct and plenum walls. Where gypsum products are used on the conditioned air side of ducts or plenums, the air in such plenums shall have a temperature of not more than 1250 F. , nor less than 500 F. , nor shall it be of humid condition so as to adversely affect the material. SECTION 2, That this ordinance shall be cumulative of all other ordinances affecting the regulation of heating, cooling, refrigeration, ventilation and exhaust systems and other miscellaneous heat-producing appliances and shall not repeal any of the provisions of such ordinances, except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 3. That all rights or remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of Ordinance No, 6408, or of any amendments thereto, of said City of Fort Worth, Texas, which have accrued at the time of the effective date of this ordinance; and as to such accrued violations, the Court shall have all of the powers that existed prior to the effective date of this ordinance. SECTION 4, That 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 -2- be declared void' ineffective or unconstitutional by the valid judgment or final decree of n court of competent jurisdiction, such voidness, ineffectiveness or unconstitu- tionality shall not affect any of the remaining puzaeea' clauses, aaoteunea' paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation herein of any such void, ineffective or unconstitutional phrase, rlaoae, sentence, paragraph or section. SECTION 5, That this ordinance shall constitute a revision of the Mechanical code of the City of Fort Worth, Texas, as provided by Section 2' Chapter Xzvz and Section 10 Chapter XXvzzz of the Charter of said City, and the City Secretary is hereby directed to publish this ordinance in book or pamphlet form for general distribution among the public so as to revise such heretofore published ordinance No. 6408' as amended, the Mechanical code of the City of Fort mmztb, and this ordinance as so published and such revised publication of such Ordinance No, 6408,ao amended, shall be admissible in evidence as provided in Section 3, Chapter XXVz of such nbaztez, eEcczoN 6, That 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 five (5) days in the official newspaper of the City of Fort Worth, as authorized by Article 1176b-1' Revised civil Statutes of Texas, -3- SECTION 7. That the City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption and penalty clause of same in the minutes of the City Council of Fort Worth and by filing the ordinance in the ordinance records of said City. SECTION 8, It shall be unlawful for any person to construct, enlarge, alter, repair, move, improve, convert, equip, use, or maintain any heating, comfort cooling, refrigeration, ventilating and exhaust systems or other miscellaneous Heat Producing appli- ances 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 violating any of the provisions of this Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each day or portion thereof during which any violation of any of the pro- visions of this Code is committed, continued or permitted, and each violation shall be punishable by a fine not to exceed $200.00. SECTION 9. That this ordinance shall be in full force and effect from and after the date of its passage and publication as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: � 1 S. G. JOHNDROE, JR. , CITY ATTORNEY -4- LINE City of Fort Worth, Texas BAILIFF. Mayor and Council Communication GRAHAM PA1GE DATE REFERENCE SUBJECT: Amendment to the Mechanical PAGE NUMBER 6/,16/77 G-3461 Code 1 of 1 The current Mechanical Code for the City of Fort Worth, Ordinance No. 6408, requires noncombustible construction within the attic or ceiling space when the space between the ceiling and floor above is used for return or supply air, i.e. no ducts are installed in this area; however, the entire space acts as a duct. This requirement has caused a hardship on local construction and the Mechanical Board of Appeals, in reviewing the 1976 Mechanical Code, has recommended an amendment that would permit the installation of materials with the flame- spread rating of no greater than 25 and a smoke development of 50 or less. The Board is of the opinion that such a change will not affect the safety of the building or the mechanical equipment. The hardship primarily is in requiring the tubing for the air conditioning controls to be noncombustible. Such construction is exceedingly expensive, particularly when the lines are no larger than 1/4 inch inside diameter. There are four major projects which are affected by the current Code. These projects are the Downtown Tandy project, the Hulen Mall, Miller's Insurance building, and the Motorola plant. Recommendation: In order to remove a currently existing obstacle to economic development, it is recommended that the code be amended as recommended by the Mechanical Board of Appeals: GG:sm SUBMITTED BY: DISPOSIT!17 BY COUNCIL: PR CRW Pr APPROVED [I OTHER (DESCRIBE) ADOPTED ORDINANCE NO. -75 6 3 SECRETARY ,r DATE CITY MANAGER /// /