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HomeMy WebLinkAboutOrdinance 20614-02-2013 ORDINANCE NO. 20614-02-2013 AN ORDINANCE AMENDING THE FORT WORTH ELECTRICAL CODE, AMENDING SECTION 11-2 OF THE CODE OF THE CITY OF FORT WORTH(1986); REGULATING THE ERECTION, CONSTRUCTION, AND MAINTENANCE OF ELECTRIFIED FENCES IN THE CITY OF FORT WORTH, TEXAS; DEFINING CERTAIN TERMS; ESTABLISHING MINIMUM REQUIREMENTS FOR THE INSTALLATION OF ELECTRIFIED FENCES AND RELATED ELECTRICAL SYSTEMS; PROVIDING FOR THE ISSUANCE OF PERMITS AND THE COLLECTION OF FEES THEREOF; REQUIRING AND REGULATING REGISTRATION FOR ELECTRIFIED FENCES AND PRESCRIBING THE FEES THEREFOR; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. Section 11-2 of the Code of the City of Fort Worth (1986) is amended to read as follows: Section C01 of the Fort Worth Electrical Code is modified as follows: Chapter C PERMITS AND INSPECTIONS SECTION C01 - PERMITS COLT When required. Any owner, authorized agent, individual, or contractor who desires to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert, or replace any electrical system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the code official and obtain the required permit for the work. A separate permit shall be obtained for each building or structure. A Building Code Ordinance Inspection shall be required to inspect and approve power to existing mobile homes in mobile home parks where the name changes on the Ordinance No. 20614-02-2013 Page 1 of 6 electric utility account except when the account is being transferred from an individual to the park's name. Article 696 is hereby added to the Fort Worth Electrical Code: ARTICLE 696—ELECTRIFIED FENCES 696.1 Scope This article applies to the installation and maintenance of electrified fences containing more than two energized strands and having a minimum height of more than twenty four (24) inches measured from grade to the highest strand. 696.2 Definitions Protective Barrier. Permanent fence or wall that restricts direct access to the energized portions of an electrified fence. Permanent shall mean not being able to be removed, lifted or relocated without the use of a tool or equipment. Electrified Fence. A fence energized with an electrical current. Secure Area. The area bounded by the electrified fence. 696.3 Permits Required. An electrical permit is required for the installation, repair, and alteration of electrified fences. A separate permit is required for the installation of a protective barrier. Exceptions: 1. The repair and replacement of electrified fence conductive strands, and posts or poles for electrified fence systems. 2. Electrified fences installed on agriculturally zoned property as defined in the Fort Worth Zoning Code. 696.3.1 Plan Submittal. Electrical permit applications for electrified fences shall include two complete sets of the following: 1. Site plan showing the location of the protective barrier and the electrified fence on the property in relationship to property lines, walkways and exiting buildings. 2. Fence details showing both the electrified fence and protective barrier, including all gates. 3. Electrical details showing the equipment, wining diagrams, grounding, and other information to insure compliance with the Fort Worth Electrical Code. Ordinance No.20614-02-2013 Page 2 of 6 4. Energizer Output Certification Form as prescribed in section 696.8. 696.4 Fee. At the time of permit application, an electrical permit fee of one hundred seventy dollars ($170.00) shall be paid. 696.5. Location Restrictions. Electrified fences shall not be installed at the following locations: a. Within five (5) feet of a building exit. b. Within thirty (30) feet of a hazardous material storage or handling areas. c. On roof tops or within buildings. d. All residential uses 696.6 Electrified Fence Height. Electrified fences shall be restricted to a maximum height of two (2) feet above the height of the protective barrier. 696.7 Electrical Equipment Standards. Electrical equipment, wiring, and grounding shall comply with the provisions of this Code and the following standards: a. The energizer output shall comply with section 22.108 of the International Electrotechnical Commission (JEC) 60335-2-76 Standard. b. Energizers shall provide pulsed power. c. AC current shall not be used to energize any electrified fence. d. The energizer shall be powered by a DC battery not to exceed 1.2 volts. A trickle charger and solar panels may be used to recharge the battery but shall not directly energize the fence. e. All ground system cables shall be properly insulated. f. The electrified fence grounding system shall not be connected to any plumbing systems. g. Each energizer shall be connected to its own ground system and shall not be connected to any other grounding system. 696.8 Energizer Output Certification. The applicant shall sign a form provided by the City of Fort Worth certifying that the electrified fence energizer output characteristics comply with section 22.108 of the IEC 6335-2-76 International Standard. 696.9 Protective Barrier. The perimeter of the secure area shall be protected by an additional non-electrified fence meeting the following standards: a. The protective barrier shall be a permanent fence or wall at least six (6) feet in height above the adjacent grade, subject to the limitations of the City of Fort Worth Zoning Ordinance b. Openings in the protective barrier shall not allow for the passage of a two (2) inch sphere. The maximum vertical clearance between grade and the bottom of the protective barrier shall be two (2) inches. Ordinance No. 20614-02-2013 Page 3 of 6 Exception: At rolling gates, the maximum vertical clearance between grade and the bottom of the protective barrier shall be four (4) inches. c. The protective barrier shall be separated from the electrified fence by a minimum of six (6) inches and a maximum of twelve (12) inches. Exception: Conductive stands installed at gates installed in protective barriers shall be separated from the gate by a maximum of twelve (12) inches. 696.10 Warning Signs. Electrified fences shall be clearly marked with warning signs. The warning signs shall be placed on the protective barrier at each entrance to the secure area and at intervals not to exceed thirty (30) feet along the entire perimeter of the fence line. Warning signs shall be located not less than five (5) feet above the adjacent walking surface. 696.10.1 Graphics. Warning signs shall be printed on both sides in both English and Spanish with the following text: "WARNING ELECTRIC FENCE" and contain the international symbol for electrical shock hazard. Signs shall be reflective with a minimum 2 inch letter height, minimum stroke of V2 inch and have a contrasting background. 696.11 Key Switch. A Fort Worth Fire Department permitted and approved key switch shall be installed to provide secure access to the electrical power disconnect switch by public safety persormel. The key switch shall be located at the main entry point to the property in a location approved by the Fire Official. 696.12 Commercial Business Hours of Activation. An electrified fence shall not be energized during the hours of normal business operation. However, where businesses are operating continuously on a twenty four (24) hour basis the conductors of an electrified fence shall not be energized unless all authorized persons within or entering the secure area have been informed of the electrified fence location. 696.13 Registration. Electrified fences permitted and installed after the effective date of this ordinance must be registered through the City of Fort Worth Planning and Development Department. The registration must be renewed annually from the date of permit issuance. The following information must be provided at the time of registration application: 1. Business Name 2. Address of Property 3. Contact Person / Representative 4. Address and phone number of contact person Furthermore, an applicant for renewal must provide a notarized statement from a registered electrician or fence contractor specializing in the installation of electrified Ordinance No. 20614-02-2013 Page 4 of 6 fences, certifying that the electrified fence and equipment is currently operating in conformance with the provisions of this Code. 696.13.1 Registration Renewal Fee. An annual registration renewal fee of$120 shall be charged for the registration of electrified fences. 696.13.2 Barrier Fence Inspection. As part of the registration renewal process, a Building Ordinance Inspection shall be scheduled and approved verifying the integrity of the Protective Barrier. SECTION 2 This article shall be cumulative of all provisions of ordinances of the Code of the City of Fort Worth, Texas (1986), affecting Electrical Code provisions, as amended, and shall not repeal any of the provisions of such ordinances, except in those instances where provisions of such ordinances are in direct conflict with the provisions of this ordinance. SECTION 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 void, ineffective, or unconstitutional by the valid judgment or 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 4. 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 5. All rights and remedies of the City of Fort Worth, Texas are expressly saved as to any and all violations of the previous Electrical Code, or any other ordinances affecting construction and fire safety, which have accrued at the time of the effective date of this Ordinance No. 20614-02-2013 Page 5 of 6 ordinance: and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 6. A copy of the International Electrotechnical Commission (IEC) Standard; IEC 60335.2-76 Edition 2.1, together with the local amendments contained in this ordinance, shall be filed in the office of the City Secretary for permanent record and inspection. SECTION 7. The Department of Planning and Development 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 8. 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 9 This ordinance shall take effect upon adoption and publication as required by law. APPROVED AS TO FQnAND LEGALITY: By: Melinda Ramos, Assistant City Attorney ADOPTED: February 12, 2013 All EFFECTIVE: Ordinance No. 20614-02-2013 Page 6 of 6