Loading...
HomeMy WebLinkAboutOrdinance 16252-01-2005®RDINANCE No.16252-o1-2oa5 A CORRECTION ORDINANCE AMENDING THE FORT WORTH FIRE CODE, BEING ORDINANCE NO. 1602'7, WHICH INCORPORATED THE 2003 INTERNATIONAL FIRE CODE WITH APPENDICES, TO ADD LANGUAGE PREVIOUSLY AT30PTED T3Y ORDINANCE NUMBER 15001, BUT OMITTED FROM ORDINANCE NUMBER 16027, PROHIBITING AN OIL OR GAS WELL TO BE DRILLED WITHIN 300 FEET OF A BUILDING; TO ALLOW A BUILDING TO BE CONSTRUCTED WITHIN 200 FEET FROM ANY EXISTING OTL OR GAS WELL; TO ALLOW THE CITY COUNCIL TO REDUCE THE DISTANCE A STRUCTURE CAN I3E CONSTRUCTED FROM AN EXISTING GAS OR OIL WELL; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION TN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. W~IEREAS, on June 5, 2001, the City Council of Fort Worth adopted Ordinance Na. 14652 amending the Fire Code of the City of Fort Worth and incorporating the 2x00 International Fire Code with Appendices; and WHEREAS, Ordinance No. 14652, as adapted in June, 2001, allowed an oil or gas well to be drilled within 100 feet of buildings not necessary for the operation of a well and ailawed buildings to be constructed one (100) hundred feet from an existing oil ar gas well; and WHEREAS, on December 11, 2001, the City Council of Fort Worth adopted Ordinance No. 14880, establishing regulations for the drilling and production of gas wells within the limits of Fort Worth; and WHEREAS, Ordinance Na 14$$0 requires all gas wells to be drilled at least three (300) hundred feet from any structure intended for human occupancy; and WHEREAS, Ordinance No 14880 does not address how close a structure intended for human occupancy can be built from an existing gas well; and WHEREAS, on March 5, 2002 the City Council adapted Ordinance Number 15001 revising the Fire Gade to conform. with the newly adopted Gas Drilling and Production Ordinance for well drilling; to provide how close a structure intended for human occupancy can be built from an existing gas well and to provide how the measurement is determined; and WHEREAS, an July 6, 2004 the City Council adopted the 2003 International Fire Code (Ordinance Number 16027) but the previously adopted provisions related to gas drilling in Ordinance Number 15001 were inadvertently not included; 1vOW THEREF®RE, BE IT ~DRI}AIIiED BY THE CITY C®LTNCIL OF THE CITY ®F F®RT W4RTH, TEXAS, AS F®LLOW~: SECTION 1. Section 13-1 of the Cade. of the City of Fort Worth (1986), incorporating the 2003 edition of the International Fire Code is hereby amended to read as follows: SECTI®N 3406 V6~ELL DRILLING OPERATI®115 Section 3406.3.1.3 amended to read as follows: Section 3406.3.1..3 Buildings. Wells shall not be drilled ,within 300 feet of buildings not necessary to the operation of the .well. Such distance shall be measured from the well bore, in a straight line, without regard to intervening structures or objects, to the closest exterior point of the building. Section 340b.3.1.3.2 amended to read as follows: Seetiau 3406.3.1.3.2 Existing Wells. Where we11s are existing, buildings not necessary to the operation of the well shall not be constructed within 200 feet from any existing well. Such distance shall be measured from the from the well bore, in a straight line, without regard to intervening structures or objects; to the closest exterior point of the building. Add Section 3406.3.1.3.3 to read as follows: Section 3406.3.1.3.3 Reduction in Building Distance, The distance set out in Section 3406.3.1.3.2 "Existing Wells" may be reduced to 100 feet with the unanimous consent of all the surface property owners, the pernxitied well operator and the three-fourths 2 affirmative vote of all City Council members. SECTI®N 2. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas {1985), as amended, except where the provisions of this ordinance 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. SEC'14`ION 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 ar 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 ar section. SECTI®N 4, Any person, firm ar corporation who violates, disobeys, emits, neglects ar refuses to comply with or who resists the enforcement of any of the provisions of this code with respect to life safety, shall be fined not more than Two Thousand Dollars ($2,040.00} for each. offense, and with respect to all other provisions of this code shall be fined not mare than Five Hundred Dollars ($500.00) for each offense. Each day that a violation exists shall constitute a separate offense. SECTION 5. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to 3 any and all violations of the provisions of Chapter 13 of the Cade of the City of Fart Worth, as amended, ar any other ordinance affecting construction and fire safety; which have accrued at the time of the effective date of this 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. SECTI®i~ 6. That the City Secretary ofthe City of Fort Worth., Texas is hereby directed to publish this ordinance for two {2) days in the official newspaper of the City of Fart Worth, Texas, as authorized by V.T.C.A. Laca1 Government Code Subsection 52.013. SECTI®N 7. That this ordinance shall take affect upon adoption and publication as required by law. APPROVED AS TO FORM AND LEGALITY By ~~- ~~ Assist t ity Attorney ADAPTED: ~° ~~~'~ EFFECTIVE• ~ k ~ " ~ ~ 4 pity ®f Fart V~/®!'t~l, Tt'Xc~~ Mayor and Council Communication 0 COUNCIL ACTION: Approved on '114120D5 -Ordinance No. '16252 DATE: Tuesday, January D4, 200a LOG NAME: 06FIRE15001 REFERENCE N®.: ~`*G-14fi35 SUBJECT: Adoptian of an Ordinance Amending Section 3406 "Speciaf Operatians" of the Fire Cade (Fire Code 150D1) RECOIVIMEN©ATION: It is recommended That the City Council adopt the attached Ordinance amending Section 3406 "Speciaf Operations" of the Fire Gnde being Ordinance Number 16027, to add Section 3406.3 "Well Drilling and Operations" with amendments. ©ISCUSSION: During the deliberations and approval of the 2003 Fire Code, Ordinance Number 16027, adopted on July 6, 2004, amendments to Section 3406 "Special Operations" adding Section 34(36.3 "Weil Drilling Operations" were erroneously not included. Section 3406.3.1.3 "Buildings", of the 2003 International Fire Code, which was originally approved by the City Council on March 3, 2002, provided two amendments to Section 3406.3 which restricted oil and gas well drilling within three hundred (300} feet of an existing or permitted structure and restricted the construction of buildings within two hundred (200) feet of an existing oil or gas well. The ordinance included an addition of a new Section 3406.3.1.3.3, allowing City Gounci! to reduce the distance that a building may..,. be constructed from an existing, nr permitted to exist, oil or gas well to within one hundred {100) feet with the unanimous consent of all surface owners, the permitted well operator and the three-fourths affirmative vote of all City Council members. Adoption of the attached ordinance will correct the Fire Code to add Section 3406.3, which was originally approved by the City Council in 2082. FISGAL 1'NF'ORMATIONICERTIFICATION. The Finance Director certifies that this action will have no material effect on City funds. TO FundlAccountlCenters FROIVI FundlAccountlCenters Submittecd for City Manager°s Office bv: Oriainatir~cp Denartmer~t Head: Additional Information Contact: Dale Fisseler {6266) Bnb Riley (8901) Nikki King (2412) Lo~narne: 06FIRE15001 Aare t of l