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HomeMy WebLinkAboutOrdinance 4381 �CY f�P�l� �f�apt` MARY FT. V#VI M, �, ORDINANCE NO. P� AN ORDINANCE ESTABLISHING MINIMUM STANDARDS GOVERN- ING THE CONDITION, OCCUPANCY AND MAINTENANCE OF BUILDINGS OR PREMISES USED, DESIGNED OR INTENDED TO BE USED FOR HUMAN HABITATION IN THE CITY OF FORT WORTH; CREATING THE OFFICE OF HOUSING OFFICIAL AND PROVIDING FOR THE APPOINTMENT OF INSPECTORS AND EMPLOYEES TO ENFORCE THE PROVISIONS HEREOF; PROVIDING A PROCEDURE FOR THE ENFORCEMENT HEREOF; FIXING RESPON- SIBILITY FOR VIOLATIONS HEREOF; PROVIDING FOR CONDEMNATION OF SUB-STANDARD BUILDINGS USED, DESIGNED OR INTENDED TO BE USED FOR HUMAN HABITATION; CREATING A HOUSING STANDARDS COMMISSION; SPECIFYING THE NUMBER AND QUALIFICATION OF MEMBERS THEREOF; PROVIDING A PROCEDURE FOR ITS OPERATION; ESTABLISHING ITS JURISDICTION AND PROVIDING FOR APPEALS THERETO; REQUIRING INSPECTION AND ISSUANCE OF BUILDING PERMIT FOR THE ERECTION, ALTERATION, MOVING OR DEMOLISHING OF ANY BUILDING IN THE CITY; DEFINING TERMS; DEFINING A SUB-STANDARD BUILDING AND DECLARING SAME TO BE A NUISANCE; PROVIDING PENALTIES FOR THE VIOLATION HEREOF; PROVIDING THAT ENFORCEMENT HEREOF SHALL BE A GOVERNMENTAL FUNCTION; PROVIDING A SAVINGS CLAUSE; PROVIDING THAT THIS ORDINANCE SHALL CONSTITUTE A DIGEST AND REVISION OF THE MINIMUM STANDARDS HOUSING CODE ORDINANCES OF THE CITY OF FORT WORTH; DIRECTING THE CITY SECRETARY TO PUBLISH SAME IN PAMPHLET FORM; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the public health, safety, welfare and property are not adequately protected by the provisions of the existing ordinances relating to minimum standards governing the condition, occupancy and maintenance of buildings or premises used, designed or intended to be used for human habitation in this City; and, WHEREAS, an emergency exists in that it is necessary for the immedi- ate preservation of the public health, safety, welfare and property that additional provisions be enacted relating to miniminn standards governing the condition, occupancy and maintenance of buildings or premises used, designed or intended to be used for human habitation in this City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF FORT WORTH, TEXAS: TABLE OF CONTENTS CHAPTER I. Title and Scope Sec. H-161. Title H-102. Purpose H-103. Application CHAPTER II. Enforcement Sec. H-201. Responsibility for Enforcement H-202. Right of Entry H-203. Violation - Notice H-204. Vacant Buildings H-205. Condemnation H-206. Transfer of Ownership CHAPTER III. Housing Standards Commission Sec. H-301. Creation H-302. quorum, By-Laws and Records H-303. Jurisdiction CHAPTER IV. Permits and Inspections Sec. H-401. Building Permits Required H-402. Permit H-403. Building Permit Fees 1�4404. Inspections H-405. Certificate of Occupancy CHAPTER V. Definitions Sec. H-501. Definitions CHAPTER VI. Space and Occupancy Standards Sec. H-601. Access to Public Property H-602. Yards and Courts H-603. Ceiling Heights H-604. Light and Ventilation H-605. Sanitation CHAPTER VII. Structural Requirements Sec. H-701. General CHAPTER VIII. Mechanical Requirements Sec. H-801. Requirements CHAPTER IX. Exits Sec. H-901. General CHAPTER X. Fire Protection Sec.H-1001. General CHAPTER XI. Sub-standard Buildings Sec. H-1�01. Definitions CHAPTER XII. Miscellaneous Sec. H-1201. Violations H-1202. Penalty H-1203. Liabilities H-1204. Validity H-1205. Courts H-1206. Savings Clause H-1207. Digest and Revision Clause H-1208. Repeal of Prior Ordinances H-1209. When Effective e v MINIMUM HOUSING STANDARDS CODE OF THE CITY OF FORT WORTH, TEXAS ORDAINED BY THE CITY COUNCIL EFFECTIVE DATE a MINIMUM HOUSING STANDARDS CODE OF THE CITY OF FORT WORTH, TEXAS Chapter I. TITLE AND SCOPE Sec. H-101. Title. This ordinance shall be known as the "Minimum Hous- TITLE ing Standards Code" of the City of Fort Worth, Texas, may be cited as such, and will be referred to herein as this "Code." Sec. H-102. Purpose. The purpose of this Code is to protect the public PURPOSE health, safety, morals, and welfare of the people of the City of Fort Worth, Texas, by establishing minimum standards governing the condition, occupancy, and maintenance of dwellings, dwelling units, apartment houses, rooming houses, rooming units and premises; by establishing minimum standards governing utilities, facilities, and other physical components and conditions essential to make dwellings, dwelling units, apartment houses, rooming houses, rooming units, and premises safe, sanitary, and fit for human habitation; by fixing certain responsibilities and duties of owners, operators, agents, and occupants of same; by authorizing and establishing procedures for their inspection and condemnation when found to be unfit for human habitation; and by fixing penalties for the violations of the provisions of this Code. This Code is hereby declared to be remedial and essential to the public interest, and it is intended that this Code be liberally construed to effectuate the purposes as stated above. Sec. H-103. (a) Application. The provisions of this Cade shall APPLICATION apply to all buildings or portions thereof, usedydesigned or intended to be used, for human habitation. Where any building or portion thereof, is used, designed or intended to be used as a combination apartment house-hotel, the provi- sions of this Code shall apply to the separate portions as if they are separate buildings. (b) Alteration. No building used, designed or intended to ALTERATION be used as a dwelling, apartment house cr rooming house shall be in any manner repaired, remodeled or reconstructed by any person, nor occupied -1- • o- r by persons not already in occupancy on the effective date of this Code, until and unless such building is made to comply with all the requirements of this Code. (c) Relocation. Existing buildings which are moved or RELOCATION relocated shall be considered as new buildings and shall comply with all the requirements of this Code. Chapter II. ENFORCEMENT Sec. H-201. Responsibility for Enforcement. There is hereby created RESPONSIBILITY the office of Housing Official who is hereby authorized and directed FOR ENFORCEMENT to enforce all the provisions of this Code. In accordance with approved procedure, the Housing Official may appoint such number of inspectors and other employees as shall be authorized from time to time. He may deputize such employees as may be necessary to carry out the functions required for the enforcement of this Code, and in the enforcement there- of the Housing Official and his deputies shall have the powers of police officers. Sec. H-202. (a) Right of Entry. Upon presentation of proper credentials RIGHT OF the Housing Official or his duly authorized representatives may enter ENTRY at reasonable times any building, structure, or premises in the City to perform any duty imposed upon him by this Code. (b) Identification of Inspectors. The Housing Official, IDENT371CATION his deputies and inspectors shall be supplied with official identification, and upon request, they shall exhibit such identification when entering any building, structure, or premises. (c) Preliminary Housing Surveys. The Housing Official PRELIMINARY is authorized to make housing surveys in any area of the City to determine SURVEYS the general conditions of housing in that area, the extent of deteriora- tion of buildings, the lack of facilities and maintenance, the unsafe and insanitary conditions, the overcrowding which may exist, and other matters included within the provisions of this Code. -2- e i See. H-203. (a) Notice of Violation. Whenever the Housing Official NOTICE OF determines that a violation of this Code exists, or has reasonable VIOLATION grounds to believe that there is or has been a violation of any provi- sion of this Code, he shall give notice of such violation or alleged violation to the person or persons responsible for such violation. Such notice shall be in writing, shall specify the alleged violation, shall specify the corrective measures required, shall provide a reasonable time for compliance, and shall be served upon the person responsible as set out below. Such notice shall be deemed to be properly served upon such person responsible if a copy is served upon him personally, or if a copy thereof is sent by registered mail, return receipt requested, to the last known address of such person or if a copy is posted in a con- spicuous place in or about the building affected by the notice. Failure of the owner or occupant to comply with such notice shall be deemed a violation of this Code. (b) Responsibility for Violation. It shall be the RESPONSIBILITY responsibility of the owner of a building used, designed or intended FOR VIOLATION for human occupancy, or his agent, to maintain such structure in good repair and fit for human habitation in accordance with the minimum standards of occupancy established by this Code. It shall be the respon- sibility of the occupant of every dwelling to keep the dwelling and every part thereof over which he has exclusive control, including yards, lawns and courts, clean and free from any accumulation of dirt, filth, rubbish, garbage or similar material and free from vermin or rodent infestation and to provide such approved receptacles as might be necessary to comply with the pertinent health ordinaneesl to contain properly all garbage, rubbish and ashes. It shall be the responsibility of each occupant of a dwelling unit to keep in clean condition and free from vermin or rodent infestation that portion of the property which he occupies and over which he has exclusive control. (c) Order to Vacate. Whenever proper notice of violation ORDER TO has been served to the person or persons responsible for the violation VACATE -3- of any of the provisions of this Code, and compliance with such notice has not been effected within the time stated, the Housing Official may order the occupant of the building, or portion thereof in which the viola- tion exists, to vacate same, and failure or refusal to comply with such order within the time stated for compliance shall constitute a violation of this Code. If, in the opinion of the Housing Official, the public safety or welfare requires immediate action, he shall order the building vacated without "Notice of Violation" having been issued. No such building shall again be used for human habitation nor shall any notice posted thereon be removed until written approval is given by the Housing Official. Refusal of occupant to vacate after having been duly ordered so to do or removal of any notice duly posted shall constitute a violation of this Code. Sec. H-204. (a) Vacant Buildings. Any unoccupied dwelling, apartment VACANT house, rooming house or buildings accessory thereto shall be properly BUILDINGS closed or secured so as to prevent unauthorized persons from gaining access thereto, and failure to properly close or secure same shall consti- tute a violation of this Code. Where such building has been damaged by fire or has deteriorated from age, lack of maintenance, or from other cause to such an extent as to make repair or rehabilitation impractical, then such structure shall be considered a nuisance and shall be condemned as hereinafter provided. (b) Posting Vacant Buildings. When in the opinion of the POSTIM Housing Official a violation of this Code exists with respect to any VACANT ELCILDINGS vacant building, the Housing Official may cause to be posted at the en- trance to the building a notice to read; " W A R N I N G This is a SUB-STANDARD BUILDING According to the terms of Minimum Housing Standards Code No. of the City of Fort Worth. It is UNLAWFUL TO OCCUPY this building until it complies with such code,", -4- Such notice shall remain posted until the required repair, demolition, or removal is completed. Such notice shall not be removed without written permission of the Housing Official. Occupancy of any building so posted shall constitute a violation of this Code. Sec. H-205. Condemnation. All buildings used or designed for use as CONDEMATION dwellings, apartment houses, rooming houses and buildings or structures — accessory thereto which are sub-standard under the provisions of this Code, or are structurally unsafe, or do not provide adequate egress, or which constitute a fire hazard, or are dangerous to human life, or constitute a hazard to safety or health or public welfare by reason of inadequate main- tenance, dilapidation, obsolescense, or abandonment are hereby declared to be unsafe buildings and a nuisance, the maintenance of which is hereby declared to be a violation of this Code. When proper notice of violation as provided for in Section 203 (a) has been served upon the owner, agent or person in charge of such building and he or they fail, neglect, omit, or refuse to comply with requirements of such notice within the time speci- fied, the Housing Official may cite such owner, agentyor person to appear before the Housing Standards Commission to show cause why such building or structure should not be condemned. If on the basis of such hearing the Commission shall determine that such building is unsafe or a nuisance, then they shall make such determination known to the City Council and recommend issuance by the City Council of such orders as shall appear necessary. If the City Council finds that said building or structure con- stitutes a nuisance, then the City Council shall instruct the Department of Law to proceed in a court of competent jurisdiction with condemnation or such other action required for the abatement of said nuisance. Sec. H-206. Transfer of Ownership. No owner of W building used or TRANSFER OF designed or intended to be used for human habitation, upon whom a notice OWNERSHIP has been served that violations of this Code exist in such building or on its premises, shall sell, transfer, grant, mortgage, lease, or otherwise dispose of such property until compliance with such notice or order has been secured, or until such owner shall have furnished to the purchaser, -5- transferee, grantee, mortgagee, or lessee a true copy of such notice or order and at the same time shall have given adequate notification to the Housing Official of his intent to enter into such transaction, including supplying the name and address of the person or persons or firm to whom the sale, transfer, grant, mortgage, or lease is proposed. A purchaser who has been informed of the existence of any notice or order pursuant to this Code shall be bound thereby. Chapter III. HOUSING STANDARDS COMMISSION Sec. H-301. Creation. A Housing Standards Commission is hereby established. CREATION The word "Commission" when used in this Code shall be construed to mean the Housing Standards Commission. The Commission shall consist of nine (9) members, each of whom shall be a duly qualified elector and a resident of the City of Fort Worth who shall be appointed by the Mayor and approved by a majority vote by the City Council. The present members of the Building Standards Commission as established by Ordinance No. 3498 shall constitute the initial membership of this Commission upon adoption of this Code, and they shall continue in office until the expiration of the term for which they were appointed. Three members shall thereafter be appointed annually for a term of three years or until their successors are appointed and assume the duties of their office. In addition to said nine members, the Fire Marshal, Building Official, Planning Director and Chief Sanitary Engineer of the City of Fort Worth shall be ex-officio non-voting members of such Commission. It shall be the duty of such ex-officio members to attend all Commission meetings and to advise and consult with the Commission in matters pertaining to the enforcement of this Code. When requested by the Commission, the ex-officio members shall inspect buildings, structures, or premises in violation of or alleged to be in violation of this Code and shall present a report of such inspection to the Commission. Sec. H-302. Quorum, By-Laws and Records. A quorum for the transaction QUORUM BY-LAWS of business of the Commission shall consist of not less than five members. RECORDS -6- The Commission shall select a Chairman who shall act as presiding officer at all meetings and it shall establish such rules of procedure as it deems necessary for proper conduct of its business. The Commission shall select a secretary who shall be responsible for meeting minutes and records. The Commission shall hold regular meetings at least once each month anc in addition, such special meetings as may be required for the performance of its duties. Sec. H-303. (a) Jurisdiction. The Commission shall hear and decide JURISDICTION appeals where it is alleged there is error in any order, requirement, decision or determination made by the Housing Official in the enforcement of this Code and it shall have the following powers: 1. To reverse or affirm wholly or in part or to modify any order of the Housing Official. 2. To authorize upon appeal such variance in application of the terms of this Code as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this Code will result in unnecessary hardship so that the spirit of this Code shall be observed and substantial justice done. 3. To interpret the provisions of this Code in such a way as to carry out its intent and. purpose, and to, from time to time, as it deems advisable, make suggestions and recommendations for improvement of this Code to the City Council. 4. To conduct hearings where the Housing Official has cited the owner, or agent of a building to appear before the Commission to show cause why said building or structure should not be condemned as provided in Section H-205 of this Code and on the basis of such hearing, if the building is determined to be unsafe and a nuisance, to recommend issuance by the City Council of such orders as shall appear necessary. (b) Appeals. Any person affected by any notice of violation APPEALS in connection with the enforcement of any provisions of this Code may request and shall be granted an appeal and hearing before the Housing Standards Commission, provided that such person shall first file in the -7- office of the Housing Official a written request for such hearing, to be made on forms furnished by the Housing Official. The appeal shall be heard at the next regular meeting of the Commission if the appeal is made at least ten (10) days in advance of such meeting, otherwise it shall be heard at the next succeeding meeting. If the appeal is filed within ten days after the service of notice of violation, compliance with such notice shall not be required while the hearing is pending, provided that in cases of emergency where, in the opinion of the Housing Official, a stay of pro- ceeding would result in eminent peril to life or property, no such stay shall be observed. Chapter IV. PERMITS AND INSPECTION Sec. H-401. (a) Building Permits Required. No person, firm, company, or BUILDINQ corporation, their agents or employees, shall erect, construct, enlarge, PERMITS REQUIRED alter, repair, move, improve, remove, convert or demolish any building or structure in the City, or cause the same to be done, without first having obtained a separate building permit for each such building or structure from the Building Official as provided in the Building Code. (b) Application. To obtain a permit, the applicant shall APPLICATION first file an application therefor in writing on a form furnished by the {OAP A&ZIut Building Official for that purpose. Every such application shall; 1. Identify and describe the work to be covered by the permit for which application is made; 2. Describe the land on which the proposed work is to be done, by lot, block, tract,,and house and street address, or similar description that will readily identify and definitely locate the proposed building or work; 3. Show the use or occupancy of all parts of the building; 4. State the valuation of the proposed work; 5. Be signed by the permittee, or his authorized agent, who may be required to submit evidence to indicate such authority; -8- 6. Furnish plans and specifications whenever required by the Building Official and give such other information as may be required by said Official under the provisions of F. W. B. C., Sec. 301. Sec. H-402. Permit. The issuance of building permit and the conditions PERMIT thereof shall be as set forth in F. W. B. C., Sec. 302. Sec. H-403. Building Permit Fees. A fee for each building permit shall be BUILDING paid to the Building Official as provided in the Building Code. Where PERMIT FEES work for which a permit is required is started or proceeded with prior to obtaining said permit, the fees required for said permit shall be increased by twenty-five per cent (25%), but not over $500.00 maximum. The payment of such penalty fees shall not relieve any persons from fully complying with the requirements of this Code or the Building Code in the execution of the work or from any other penalty prescribed herein or in the Building Code. Sec. H-404. Inspections. All buildings or structures within the scope of INSPECTIONS this Code and all construction or work for which a building permit is required shall be subject to inspection by the Building Official. Work shall not be commenced until a Building Inspection card has been posted in a conspicuous place on the front of the premises. Sec. H-405. (a) Certificate of Occupancy. No building or structure other than a dwelling (1 or 2 family) as defined herein, shall be used or occupied, CERTIFICATE and no change in the bxisting occupancy classification of a building or OF OCCUPANCY structure or any portion thereof shall be made until the Building Official has issued a Certificate of Occupancy therefor. (b) Change in Use. Changes in the character or use of a CHANGE building shall not be made except as specified in Section 502 of the Build- IN USE ing Code and in full compliance with the requirements of this Code. Chapter V. DEFINITIONS Sec. H-501. Definitions. For the purpose of this Code, certain abbreviations, terms, phrases, words and their derivatives shall be construed as specified DEFINITIONS in this Chapter. Words used in the singular include the plural and the plural -.9- L a the singular. Words used in the masculine gender include the feminine, and the feminine the masculine. Accessory Structure. The term accessory structure shall mean a structure or building, the use of which is incidental to that of the main building, and which is attached thereto or located on the same premises. Alley. The term alley shall mean any public space, public park, or thorough- fare less than sixteen feet (16') but not less than ten feet (101) in width which has been dedicated or deeded to the public for public use. Alter or Alteration. The term alter or alteration shall mean any change, addition or modification in construction or occupancy. Apartment. The term apartment shall mean a room or suite of rooms which is occupied or which is used, designed or intended to be occupied by one family for living and sleeping purposes. Apartment House. The term apartment house shall mean any building, or portion thereof, which is designed, built, rented, leased, let, or hired out to be occupied, or which is occupied as the home or residence of three or more families living independently of each other and doing their own cooking in the said building, and shall include flats and apartments. Approved. The term approved shall mean having the approval of the Housing Official as the result of investigation and tests conducted by him or by reason of accepted principles or tests by national authorities, technical or scientific organizations; or as having the approval of the appropriate enforcement official of the City of Fort Worth as being in compliance with the standards and requirements of any code or ordinance of the City of Fort Worth which applies specifically to the item. in question. Basement. The term basement shall mean that portion of a building between floor and ceiling, which is partly below and partly above grade, but so located that the vertical distance from grade to the floor below is less than the vertical distance from grade to the ceiling. Boarding House. The term boarding house shall mean a lodging or rooming house in which meals are provided. -10- Building. The term building shall mean a roof supported by walls or colmns. Building Code. The terra building code shall mean the Building Code of the City of Fort Worth, Texas, herein referred to as the Building Code cr F. W. B. C. (Ordinance #4155 as amended.). Building Official. The officially designated enforcement officer of the Building Code. Cellar. The term cellar shall mean that portion of a building between floor and ceiling which is wholly or partly below grade and so located that the vertical distance from grade to the floor below is equal to or greater than the vertical distance from grade 'to ceiling. Condemnation. The term condemnation shall mean the bringing in of a proper legal action for the abatement of a nuisance as defined herein. Coux°t. Except where used with judicial connotation, the term court shall mean an open, unoccupied space, bounded on two or more sides by the Walls of the building; an inner court is a court entirely within the exterior walls of a building; all other courts are outer courts. Dwelling. The term dwelling shall mean any building or any portion there- of, which is not an "Apartment House,4".a "Lodging House',or a "Hotel" as defined in this Code, which contains one or two "Dwelling Units" or "Guest Rooms,, used, designed or intended to be built, used, rented, leased, let or hired out to be occupied, or which are occupied for living purposes. Dwelling Unit. The term dwelling unit shall mean a suite of two or more habitable rooms which are occupied or which are used, designed or intended to be occupied by one family with facilities for living, sleeping, cooking and eating. Electrical Code. Ordinance No. 3658 `as amended). Existing Building. The term existing building shall mean a building erected or one for which a legal building permit has been issued prior to the adoption of this Code. Exit. The term exit shall mean a continuous and unobstructed means of egress to a public way, and shall include intervening doorways, corridors, ramps, stairways, fire escapes, horizontal exits, exterior courts, and yards. -ll- Extermination. The term extermination shall mean the control and elimina- tion of insects, rodents, and vermin by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping, or by another approved means of pest elimination. Fami The term family shall mean one person living alone or a group of two or more persons living together whether related to each other by birth or not. Floor Area. The term floor area shall mean the area included within sur- rounding walls of a building (or portion thereof), exclusive of vent shafts and courts. Garbage. The term garbage shall mean the animal, vegetable and mineral waste resulting from the handling, preparation, cooking and consumption of food. Grade (Ground Level). The term grade (ground level) shall mean the average of the finished ground level at the center of all walls of a building. In case walls are parallel to and within five feet (51) of a sidewalk, the above ground level shall be measured at the sidewalk.. Habitable Building. The term habitable building shall mean a building or a portion of a building used, designed or intended to be used for human habitation which meets the requirements of this Code and wherein all rooms used, designed or intended to be used for human habitation are habitable rooms. Habitable Room. The term habitable room shall mean any room meeting the requirements of this Code for sleeping, living, cooking or eating purposes, excluding such enclosed places as closets, pantries, bath or toilet rooms, service rooms, connection corridors, laundries, unfinished attics, foyers, storage spaces, cellars, utility rooms and similar spaces. Housing Official. The term Housing Official shall mean the officially designated enforcement officer of this Code. Infestation. The term infestation shall mean the presence, within or con- tiguous to a dwelling, dwelling unit, rooming house, rooming unit, or -12- z , f , premises, of insects, rodents, vermin or other pests, Kitchen. The term kitchen shall mean a room used, designed or intended to be used)for the preparation of food. Lodging House. See Rooming House. Masonry. The term masonry shall mean that form of construction composed of stone, brick, concrete, gypsum, hollow clay tile, concrete block or tile, or other similar building units or materials or combination of these materials laid up unit by unit and set in mortar. Nuisance. The following shall be defined as nuisances: (a) Any public nuisance known at common law or in equity. (b) Any attractive nuisance which may prove detrimental to children whether in a building, on the premises of a building, or upon an unoccupied lot. This includes any abandoned wells, shafts, cellars, basements, or excavations; abandoned refrigerators and motor vehicles; or lumber, trash, fences, debris, or vegetation which may prove a hazard for inquisitive minors. (c) Whatever is dangerous to human life or is detrimental to health. (d) Overcrowding or occupancy in violation of Chapter VI of this Code. (e) Insufficient ventilation or illumination, in violation of Chapter VI of this Code. (f) Inadequate or insanitary sewerage or plumbing facilities, in violation of Chapter VI of this Code. (g) Uncleanliness. (h) Whatever renders air, food, or drink unwholesome or detrimental to the health of human beings. Occupant. The term occupant shall mean any person as owner, tenant, licensee, trespasser or otherwise in exclusive or partial possession or living upon the premises. -13- Owner. The term owner shall mean owner or owners of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, or other person, firm, or corporation, in control of a building. Plumbing Code. Ordinance No. 2978 (as amended). Private Garage. The term private garage shall mean a building, or a por- tion of a building, not more than one thousand square feet (1000sq. ft.) in area, in which only motor vehicles used by the tenants of the building or buildings on the premises are stored or kept. Repair. The term repair shall mean the reconstruction or renewal of any part of an existing building for the purpose of its maintenance. The word "repair" shall not apply to any change of construction or additions to a building. Rooming House. The term rooming house shall mean a building, or part thereof, which contains one (1) or more rooming units, and in which space is occupied or intended to be occupied by five (5) or more persons who are not husband or wife, son or slaughter, mother or father, sister or brother of the resident owner or operator. Rooming Unit. The term rooming unit shall mean any room or group of rooms forming a single habitable unit used or intended to be used for living or sleeping but not for cooking or eating purposes. Rubbish. The term rubbish shall mean all combustible and non-combustible waste, except garbage. Service Room. The term service room shall mean any room used for storage, bath or utility purposes, and not included in the definition of habitable rooms. Sub-standard Buildings. See Chapter XI. Window. The term window shall mean a glazed opening, including glazed doors, which open upon a yard, court, or recess from a court, or a vent shaft open and unobstructed to the sky. Yard. The term yard shall mean an open, unoccupied space, other than a court, unobstructed from the ground to the sky, except where specifically provided -1�- by this Code, on the lot on which a building is situated. Zoning Ordinance. Ordinance No. 3011 (as amended). Chapter VI. SPACE AND OCCUPANCY STANDARDS Sec. H-601. (a) Access to Public Property. All buildings shall be ACCESS TO located with respect to property lines and to other buildings on the PUBLIC PROPERTY same property as required by the Building Code and Zoning Ordinance of the City of Fort Worth. Each dwelling unit and each guest room in a dwelling or a rooming house unit shall have access to a passageway not less than three feet (3') in width leading to a public street or alley. Each apart- went house or hotel shall have access to a public street by means of a passageway not less than five feet (5') in width. (b) Occupied Space. Interior lots occupied by buildings OCCUPIED within the scope of this Code shall have not more than fifty per cent of SPACE the lot in occupied space. Corner lots used for such buildings shall have not more than seventy-five per cent of the lot in occupied space. Exception---buildings which meet the requirements of the Zoning Ordinance for yards and lot area per family shall be considered to meet the require- ments of this Code. Sec. H-602. Yards and Courts. Yards and courts for buildings coming under YARDS AND the scope of this Code shall be as required by the Building Code and COURTS Zoning Ordinance of the City of Fort Worth and windows required for light and ventilation shall face upon yards or courts meeting these requirements. Sec. H-603. (a) Ceiling Heights. Habitable rooms in hotels and apartments CEILING shall have a ceiling height not less than eight feet (81). Habitable HEIGHTS rooms in dwelling units and service rooms in all occupancies shall have a ceiling height of not less than seven feet and six inches (7' 611). In rooms with sloping ceilings the required ceiling height shall be provided in at least fifty per cent of the room and no portion of any room having a ceiling height of less than five feet (59 shall be considered as contribut- ing to the minimum area as required by sub-section (b) of this section. -15- (b) Minimum Floor Area, Every dwelling unit shall contain MINIMUM at least one hundred fifty square feet (150 sq- ft.) of floor space for one FLOOR AREA occupant and one hundred square feet (100 sq. ft.) of floor space for, each additional occupant thereof. Every room occupied for sleeping pur- poses shall contain at least seventy square feet (70 sq. ft.) of floor space and 'every room occupied for sleeping purposes by more than one occupant shall contain at least fifty square feet (50 sq. ft.) of floor space for each occupant thereof. Kitchens shall have not less than thirty square feet (30 sq. ft.) of floor space. (c) Width. No habitable room shall be less than seven feet WIDTH (7') in any horizontal dimension and no water closet space shall be less than thirty inches (30") in width and there shall be not less than two feet six inches (2' 6") clearance in front of each water closet. (d) Cellars. No space in any cellar or basement shall be CELLARS used for sleeping purposes. Every cellar or basement shall be kept dry, ventilated and free from rubbish accumulation, and vermin and rodent infesta- tion. Sec. H-604. Light and Ventilation. LIGHT AND VENTILATION (a) Windows. All living rooms, kitchens, and other rooms used for living, eating or sleeping purposes shall be provided with WINDOWS windows with an area not less than eight square feet (8 sq. ft.) or one- tenth of the floor area of such room. Not less than one-half such window area shall be operable. EXCEPTION: Windows need not be operable if the rooms are provided with an approved mechanical ventilation system. The window area in bathrooms, water-closet compartments, and other similar rooms shall or} t be less than three square feet (3 sq. ft.) and may open on a vent shaft which has a least dimension, open and unobstructed to the sky, of not less than three feet (3'). Not less than one-half such area shall be openable. In lieu of the foregoing requirements a mechanical ventilation system to the outside air may be installed. -1�- Required windows shall open on a court, yard, or street either directly or through a porch with a minimum clear height of not less than seven feet (79. Such porch shall be at least fifty per cent (50%) open on at least one side. (b) Hallways. All public hallways, stairs, and other exit- HALLWAYS ways in apartment houses, rooming houses and hotels shall be adequately lighted at all times. (a) Mechanical Ventilation. An approved system of mechanical MECHANICAL ventilation or air conditioning may be used in lieu of openable windows. VENTILATION Such system shall provide not less than four air changes per hour, except that in toilet compartments such system shall provide a complete air change every five minutes. Sec. H-605. Sanitation. SANITATION (a) Dwelling Units. Every dwelling unit shall be provided DWELLING with a water closet, a lavatory and a bathtub or shower. Such facilities UNITS shall be in a separate enclosed room located within and accessible from within the dwelling unit. (b) Hotels and Rooming Houses. Where private water closets, HOTELS AND lavatories, and baths are not provided for each guest room or suite, there ROOMING HOUSES shall be provided on each floor for each sex at least one water closet and lavatory and one bath accessible from a public hallway. Additional water closets, lavatories, and baths shall be provided on each floor for each sex at the rate of one for every additional ten guests, or fractional number thereof in excess of ten. Such facilities shall be clearly marked for "Men" or "Women": (c) Kitchen. Every dwelling unit shall be provided with a KITCHEN kitchen. Every kitchen shall be provided with a kitchen sink. (d) Fixtures. All plumbing fixtures shall be connected to a FIXTURES sanitary sewer or to an approved private sewage disposal system. All plumbing fixtures shall be connected to an approved system of water supply and shall be provided with hot and cold running water, except water closets shall be provided with cold water only. -17- All plumbing fixtures shall be of an approved glazed earthenware type or of a similarly non-absorbent material. (e) Water Closet Compartment. Walls and floors of water WATER closet compartments and bathrooms in apartment houses, hotels and rooming CLOSET COMPARTMENT houses shall be finished with a smooth hard surface of cement, tile laid on a cement base, or an approved equal. Walls shall be finished to a height of four feet (4') above the floor with impervious material. (F. W. B. C., Sec. 1711). The floors of water closet compartments and bathrooms in dwellings shall be finished with approved non-absorbent materials. (f) Room Separations. No 'room used for the preparation of ROOM SEPARATIONS food shall be used for sleeping purposes and no room housing a water closet shall open directly into any room used for the preparation of food. (g) Installation and Maintenance. All sanitary facilities INSTALLATION shall be installed and maintained in safe and sanitary condition and in .AND MAINTENANCE accordance with all applicable laws. Chapter VII. STRUCTURAL REQUIREMENTS Sec. H-701. General. (a) General. Buildings or structures may be of any type of GENERAL construction permitted by the Fort Worth Building Code. Roofs, floors, walls, foundations and all other structural components of buildings shall be capable of resisting any and all forces and loads to which they may be normally subjected. All structural elements shall be proportioned and joined in accordance with the stress limitations and design criteria as specified in the appropriate sections of the Fort Worth Building Code. Buildings of every permitted type of construction shall comply with the applicable requirements of the Fort Worth Building Code. (b) Shelter. Every building shall be weather protected so as SHELTER to provide shelter for the occupants against the elements and to exclude dampness. (c) Accessory Structures. Accessory structures, including ACCESSORY STRUCTURES fences, shall be kept structurally sound and in good repair or they shall be removed from the premises. (d) Exits. Exits shall be provided and maintained in com- EXITS pliance with the requirements of Chapter 33 of the Fort Worth Building Code. (e) Stairs, Porches and Railings. All stairs shall be kept STAIRS, in good repair and shall be structurally sound. At least one hand rail PORCHES AND RAILINGS shall be provided for stairways forty-two inches (42") or less in width. Stairways more than forty-two inches (42") in width shall have two hand rails. Porches and balconies shall be provided with adequate railings properly anchored to prevent lateral displacement. Stairs, porches and railings shall be considered to be struc- turally unsound when found to have holes, cracks, deteriorated or sagging supports, or are of a design incapable of supporting loads as required according to their use by Chapter 23 of the Fort Worth Building Code. (f) Screens Required. Every door opening to outdoor space, SCREENS of every building used for human habitation, shall have a self-closing REQUIRED screen door, and every window of every habitable room, bathroom, toilet room or compartment and every other opening to the outdoorsfrom such rooms shall be equipped with approved screening for effective protection against insects. It shall be the responsibility of the owner of a building used for human habitation to provide and maintain such screens, keeping them free from holes and other damage, thereby maintaining adequate protection against insects. Chapter VIII. MECBANICAL REQUIREMENTS Sec. H-801. Requirements. (a) Heating. Every dwelling unit and guest room shall be HEATING provided with heating facilities capable of maintaining a room temperature of 70 degrees Fahrenheit at a point three feet (3 9 above the floor in all habitable rooms, bath and toilet -rooms. Such facilities shall be installed and maintained in a safe condition and in accordance with the Fort Worth -19- Building Code and all other applicable ordinances. All heating devices or appliances shall be of an approved type. (b) Electrical Equipment. All electrical equipment, wiring, ELECTRICAL EQUIPMENT and appliances shall be installed and maintained in a safe manner in accord- ance with the Electrical Code of the City of Fort Worth. All electrical equipment shall be of an approved type. Where there is electrical service available within three hundred feet (300') of the premises, every habitable room shall contain at least two electric convenience outlets or one such convenience outlet and one supplied electric light fixture. Every taster closet compartment, bathroom, laundry room, furnace room, and public hallway shall contain at least one supplied electric light fixture. (c) Ventilation. Ventilation for rooms and areas and for VENTILATION fuel burning appliances shall be provided as required in the Fort Worth Building Code and in this Code. Ventilation equipment shall be of approved types, installed and maintained in a safe manner and in accordance with the Fort Worth Building Code and all other applicable ordinances. Where mechanical ventilation is provided in lieu of the natural ventilation required by this Code, such mechanical ventilating system shall be main- tained in operation during the occupancy of any building or portion thereof. Chapter IX. EXITS EXITS Sec. H-901. General. Every dwelling unit and every guest room in a hotel or rooming house shall have access directly to outdoors or to a public corridor opening to outdoors. All buildings or portions thereof shall be provided with exits, exitvays, and appmrtenances as required by Chapter 33 of the Fort Worth Building Code. Chapter X. FIRE PROTECTION Sec. H-1001. General. All buildings or portions thereof shall be pro- FIRE vided with the degree of fire-resistive construction as required by the PROTECTION Fort Worth Building Code for the appropriate occupancy, type of construction, and location on property, or in the Fire Zones; and shall be provided with -20- s 7 t c , the appropriate fire-extinguishing systems or equipment required by Chapter 38 of the Fort Worth Building Code. Chapter XI. SUB-STANDARD BUILDINGS Sec. H-1101. Definition. Any building or portion thereof used, designed DEFINITION or intended to be used for human habitation including any dwelling unit, guest mom, or suite of rooms, or the premises on which the same is located, in which there exists any of the following listed conditions endangering the life, limb, health, property, safety or welfare of the public or the occu- pants thereof, shall be deemed and hereby is declared to be a sub-standard building and a nuisance, the maintenance of which is hereby declared to be a violation of this Code, and the Housing Official shall take steps for the abatement of such nuisance as set forth elsewhere in this Code. (a) Inadequate Sanitation. INADEQUATE 1. Lack of approved water closet, lavatory, bathtub or SANITATION shower in a dwelling unit, or lack of approved water closets, lavatories, and bathtubs or showers per number of guests in hotels or rooming houses. 2. Lack of approved kitchen sink. 3. Lack of hot and cold running water to plumbing fixtures in dwelling unit, hotel or roaming house. 4. Lack of adequate heating facilities as described in Chapter VIII of this Code. 5. Lack of or improper operation of approved ventilating equipment. 6. Lack of minim ma amounts of natural light and ventilation required by this Code. 7. Room and space dimensions less than required by this Code. 8. Lack of required electrical lighting. 9. Infestation of insects, vermin or rodents. 10. Dampness of habitable rooms. 11. General dilapidation or improper maintenance. -21- 12. Lack of connection to required sewage disposal system. (b) Structural Hazards. STRUCTURAL 1. Deteriorated or non-approved foundations. HAZARDS 2. Defective or deteriorated flooring or floor supports. 3. Flooring or�.00r supports of insufficient size to carry imposed loads with safety. 4. Structural members of walls partitions or other vertical supports that split, lean, list, or buckle due to defective material or deterioration. 5. Structural members of walls, partitions, or other verti- cal supports that are of insufficient size to carry imposed loads with safety. 6. Ceilings, roofs, ceiling and roof supports which sag, split, or buckle due to defective material or deteriora- tion. 7. Ceilings, roofs, ceiling and roof supports which are of insufficient size to carry imposed loads with safety. 8. Fireplaces or chimneys which leak, list, bulge, or settle, due to defective material or deterioration. 9. Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety. (c) Hazardous Wiring. All wiring except that which conforms with the Electrical Code of the City of Fort Worth in effect at the time of installation and which has been maintained in good condition and which is HAZARDOUS WIRING being used in a safe manner. (d) Hazardous Plumbing. All plumbing except that which con- HAZARDOUS forms with the Plumbing Code of the City of Fort Worth in effect at the PLUMBING time of installation and which has been maintained in good condition and which is free of cross connections and back siphonage features endangering pot-,ble water supply. (e) Hazardous Mechanical Equipment. All mechanical equip- HAZARDOUS MECHANICAL ment, including vents, except that which conformed with all applicable EQUIPMENT -22- ordinances of the City of Fort Worth in effect at the time of installation and which has been maintained in good and safe condition. (f) Faulty Weather Protection. FAULTY WEATHER 1. Deteriorated or ineffective waterproofing of exterior PROTECTION walls, roof, foundations, or floors, including broken windows or doors. 2. Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering. 3. Broken, rotted, split, or buckled exterior walls or roof coverings. (g) Fire Hazard. Any building or portion thereof, device, FIRE HAZARD apparatus, equipment, combustible waste, or vegetation which, in the judg- ment of the Chief of the Fire Department or his deputy, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause, and further any building or portion thereof in which the exits do not meet the requirements of the Fort Worth Building Code. (h) Hazardous or Insanitary Premises. Those premises on HAZARDOUS which an accumulation of weeds, vegetation, junk, dead organic matter, OR INSANITARY debris, garbage, offal, rat harborages, stagnant water, combustible materials, PREMISES and similar materials including the accumulation and storage of lumber and other construction materials not currently being used for construction on the premises, or other conditions constituting undue fire, health or safety hazards. (i) Improper Occupancy. All buildings or portions thereof IMPROPER occupied for living, sleeping, and cooking or eating purposes which were OCCUPANCY not designed or intended to be used for such purposes under the provisions of this Code and the Building Code. Chapter XII. MISCELLANEOUS Sec. H-1201. Violations. It shall be unlawful for any person to erect, VIOLATIONS construct, enlarge, alter, repair, move, occupy, use or is any -23- building, structure, or premises in the City or cause same to be done contrary to or in violation of any of the provisions of this Code. The term "person," as used in this section, shall include the owner, occupant, mortgagee, or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent, or any other person, firm or corporation directly or indirectly in control of a building, structure, premises, or part thereof. Sec. H-1202. Penalty. Any person who violates, disobeys, omits, neglects PENALTY or refuses to comply with any provision of this Code shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than Five and No/100 Dollars ($5.00) nor more than Two Hundred and N0/100 Dollars ($200.00) for each offense. Each day that a violation exists shall con- stitute a separate offense. Sec. H-1203. Liabilities. All of the regulations provided in this Code LIABILITIES and the functions and duties of allafficers, agents, servants or employees of the City of Fort Worth in the enforcement hereof are hereby declared to be governmental and for the benefit of the general public. Any member of the City Council, any City Official, or employee or any member of the Commission charged with the enforcement of this Code, acting for the City of Fort Worth in the discharge of his duties, shall not thereby render him- self personally liable by the performance of any act required or permitted in the discharge of his duties. Any suit brought against any such official or employee because of such act performed by him in the enforcement of any provision of this Code shall be defended by the Department of Law until the final adjudication of the proceedings. Sec. H-1204. Validity. Should any section, clause or provision of this VALIDITY Code be declared by a court of competent jurisdiction to be invalid, the same shall not effect the validity of the Code as a whole or any part thereof, other than tPri part so declared to be invalid. m; Sec. H-1205. Courts. It is not the intent of this Code to declare, and COURTS it does not so declare, anything to be a nuisance which is not such in fact. Any person to whom any order is Airected or against whose property any -2k- action is taken or proposed to be taken under the terms and provisions of this Code skull have the right to appeal such order or action to any court of competent jurisdiction after having first exhausted the remedies provided by this Code. Sec. H-1206. Savings Clause. That all rights or remedies of the City of SAVINGS Fort Worth, Texas, are expressly saved as to any and all violations of the CLAUSE Minimum Standards Housing Code, Ordinance No. 3498, effective on August 1, 1956, and all amendments thereto, that have accrued at the time of the effective date of this Code, and as to such accrued violation, the courts shall have all the powers that existed prior to the effective date of this Code; and that all existing violations of previous Minimum Standards Hous- ing Code Ordinances and Regulations shall be considered as violations of this Code in the same manner that they were violations of prior Minimum Standards Housing Code regulations of said City. Sec. H-1207. Digest and Revision Clause. This Code constitutes a digest DIGEST and a revision of the Minimum Standards Housing Code ordinance of the AND REVISION City of Fort Worth, Texas, as provided by Section 2, Chapter XXVI, and CLAUSE Section 10, Chapter XXVIII of the Charter of said City, and the City Sec- retary is hereby directed to publish this ordinance in pamphlet form for general distribution among the public and this Code, as so published in pamphlet form,shall be admissible in evidence as provided in Section 3, Chapter XXVI of the Charter. Sec.H-1208. Repeal of Prior Ordinances. This ordinance shall repeal every prior ordinance in conflict herewith but only insofar as the portion of such prior ordinance shall be in conflict, and as to all other sections of REPEAL OF PRIOR ordinances not in direct conflict herewith, this Code shall be and is ORDINANCES hereby made cumulative, except as to such ordinances as are expressly repealed hereby. Sec. H-1209. When Effective. The fact that the present ordinance provid- WHEN EFFECTIVE ing for a Minimum Standards Housing Code and regulating the minimum require- ments of.housing within the corporate limits of the City are deemed inadequate and there are conditions existing in said City endangering the -215- e convenience, safety, and welfare of the public which create an emergency and public necessity in the preservation of the public health and safety thereof, the City Secretary shall have this ordinance published promptly in pamphlet form as provided in Section H-1207 hereof, and it shall become a law and be in full force and effect from and after such publication. r APPROVED AS TO FORM AND LEGALITY: City Attorney 1 -26- s OF FORT WORTH a Mr' Larson CITY OF FOPT WORTH, mL.�:- A 7 Mr. La�rsonr' '.HE SUBJECT MA,TTEH OF THIPP S M.& C.C. j TEXAS a s PlIE&XTED `l�O T-196 L"L COUT+CIL OCT. _2 8... U AND WAS O E 0* 6�fiY MANAGER Communication to Mayor o.negAn October 28, 1960 110, FT. WORT, City Secretary Honorable Mayor and Members of the City Council Re: Recommended Revision of City of Fort Worth Minimum Housing Standards Code Mrs. McKnight and Gentlemen: Transmitted herewith is a proposed Minimum Housing Standards Housing Code to replace the existing code, which was adopted August I , 1956. Numerous administrative and procedural difficulties have arisen in the enforcement of minimum housing standards under the provisions of the existing ordi- nance. These procedural shortcomings- are corrected by the proposed new code, which also defines more specifically than does the existing code the type of conditions that constitute substandard housing. Major Changes Proposed by New Housing Code I . The. proposed code definitely fixes responsibility for enforcement of minimun housing standards on the City Housing Official . Under the existing code, the Building Standards Commission is made responsible for maintaining at least minimum housing standards, and no full-time administrative unit of the city government is named as the enforcement agency. 2. The Housing Official is given authority to enforce the provisions of the code in the Corporation Court, except where demolition of buildings Ts" tflvolved. The Housing Standards Commission (Building Standards Commission) serves in an appellate capacity from the deci- sions of the Housing Official . Under the existing code, enforcement action is possible only through condemnation proceedings, even though the remedial action that is needed may be simple repair work. 3. The proposed code gives the Housing Official authority to cite a property owner to appear before the Housing Standards Commission to show cause why a sub-standard dwelling unit should not be demolished. The existing code creates procedural difficulty by its* requirement that the Fire Marshal , Chief Building Inspector, and Chief Sanitary Officer, who are ax-officio members of the Board, may only inspect buildings be- lieved to be substandard, and report to the Building Standards Commis- sion, which notifies the proper party of its intention to hold a hear- ing on the- disposition of the building. 4. The proposed code makes it illegal to permit any building intended for human habitation to exist when it is in violation of any of the provisions of the code; thereby permitting application of the code to occupied housing units. The existing code permits application of minimum housing standards to unoccupied dwellings only. MSC GO-134 October 28, 1960 Page 2 5. The scope of application of the proposed code has been limited specifically to houses and ether buildings used or intended to be used for human habitation. The existing code is contradictory as to whether or not it is intended to be applied to all types and uses of buildings. Requirements for the proper maintenance of commercial buildings are pro- vided in the recently revised building code. 6. The undesirable physical conditions of buildings and premises that create living standards not conducive to the health, safety and welfare of occupants are defined more specifically in the proposed code than in the existing regulations. In addition, provisions of the building code, certain health ordinances, and the fire prevention code have been incorporated into the housing code for clarity and simplicity in the informational and enforcement processes. Recommended Action It is believed that the more comprehensive nature of the recommended housing code, plus the improved administrative procedure that is provided will per- mit more intensive and effective efforts toward inhibiting the spread of disease-and crime-spawning slums in Fort Worth. While even the most vigor- ous enforcement of a minimum housing standards ordinance cannot alone elimi- nate slums and urban blight in Fort Worth, adoption of the new code will be a forward step in this effort. It is recommended that the proposed mini- mum housing standards code be adopted by the City Council . The Building Standards Commission has reviewed the proposed code and is unanimous in re- commending its approval . Respectfully submitted, I P &4G� LPC:ih L. P. Cookingh City Manager attachment N