HomeMy WebLinkAboutOrdinance 6650 ..........
OR Aft,
OPDLNANCE NO.
AN ORDINANCE ESTAHLISHING MINTMLN STANDANDS GOVEkN ,,-
ING THE CONDITION , A�.,4D MAINTENANCE OF
BUILDINGS OR PREMISES LGED, DESIGNED OR INTENDED TO
BE USED FOR FIIWLA?4 HABITAT TON AND REGULATING UNSAFJ.`!�
AND HAZARDOUS BUILDINGS BY ""II" ENCING CHAPTER 20 OF
THE CODE OF THE CITY OF FORT o TH, TEXAS, 1964 , AS
AMENDED, AND BY PE PEA LING CHAPTER 10, SECTIONS In- 9
THROUGH 10-18, INCLHSIVE, OP THE CODE OF THE CITY OF
FORM WORTH, TEXAS, 1064 , AS AMENDED; PROVIDING FOR.
DEFINITION OF TERMS PROVIDING A SHORT TITLE ; EX-
EMPTING CITY OPFICIALS LROM LIABILITY; ESTABLISHING A
BUILDING STANDARDS COMMISSION ; ESTABLISHING THE OF-
FICE OF HOUSING OFFICIAL; PNOVIDIUG FOR RESPONSIBILITY
FOR CONDITION OF PREMISES ; PERMITTING INSPECTIONS OF
BUILDINGS ; PROVIDYNG FOR PEPAIRING, VACATING OR DEMO-
LITION OF SUBSTANDARD BUILDINGS PROVIDING FOR VA.
C AG"TED BUILDINGS ESTABLISHING PRlk)(2,'DlJRE,-
PROVIDING FOR. PERFORMANCE OF DEMOLITION WORE; REQUIR,-,
ING BUILDING PERMITS AND FEES ; PYOVIDING STANDARDS
AND SPECIFICATIONS FOR BUILDIN(3S, YARDS, (",OIJRTS AND
ROOMS; PROVIDING FOR LIGHT AND VENTILATION REQUIRE—.
MEN TS ; PROVIDING SkNITATFON REGULATIONS ; PRDVIDING
STRUCTURAL REGUIATJONS ; PROVIDING HEATING AND ELEC-,-
TRICAL REGULATIONS ; REGULATING EXITS ; REGULATING
FIRE PROTECTION : REGUfATLNG SUBSTANDARD BUELDINGS ;
PROVIDING PENALTIES FOR. TlW V101ATION HEREOF; PROVIDING
THAT THIS ORDE'�JAN(T`,, I,IJAIL CON ST 111 I'il.JIE A DR]7EST AND
REVISION OF THE HOUSING AND SUBSTANDARD BUILDING CODE,
ORDINANCES OP THE CITY ; DIRECTING THE CITY SECRETAR'',''
TO PUBLISH THE SAME IN PAMI?HJJ�A' FOkM; MAKING THIS ORDI-
NAITC1,,', CUMULNrIVE OF ALL THE PROVISTUNS OF THE CITY CODO
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVID-
ING A SEVERATILETY CLA1ISE7 DTRECTING THE CITE SECRE-
TARY TO ENGROSS AND ENROIN THIS ORDINANCE BY COPYING
17HE ("AFITION OP SAME IN THE MINUTE BOOK OF THE CITY
C'OUT"ICEL AN I) BY FILING THE COMPLETE ORDIMANCE IN THE
APPROPRIATE ORDINANCE RECORDS OF THlS CITY; AND PRO-
VIDING AN EFFECTIVE DATE,,
WHEREAS, the public health, safety, we3faru and property
are not adequately protected by the provisions of the existinq
orainances relating to minimum sLqndards governing the condl-
tion, occupancy and main Lonance of buildings or premises in the
City of Fort Worth ; and,
WHEREAS, an emergency exists, in that it is necessary for
the immediate preservation of the public health, safety. 'el.-
0
fare and property that additional provisions be enacted re -
lating to minimum standards governing the canditicn. occu-
pancy and maintenance of buildings or piemises in the City
of Fort Worth ; NOW , THEREFORE,
BE IT ORMINED BY THE CITY MUNCIL OF THE CITY OF FORT
WORTH, TEXAS:
SECTION 1,
That Chapter 20 of the code of the Ciny c Fort Worth,
Texas, 1964, as amended, is hereby amended and, after havin4
been so amended, shall her eafner read as follows:
"CHAPTER 20,
Residential, Commercial and Indusnrial Structures
Article 1. K General.
20-1 , Definitions
20-2 . Short Title
§ 20-V Purpose
§ 20• 4 , ApplicabiLity, scope and effect
§ 20-5. Exemption of city officials from
liability
§ 20-6 . Building Standards Commission
established
20-7 Same -- Composition; appointment; quali-
fications of members; term of members
§ 20-8. same -- Ex officio members
§ 20-9. Same - - MeaAngs7 quotcm7 officers
§ 20-10. Same Powers and duties
20-11. Same Hear-rng of appeals ,- fc,,,rm of
notice of appeal; form of appeal
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5 20-12 . Housing Official Office established;
responsibility for enforcement
§ 20-13. Same -- Appointment of deputies and
inspectors; police powers
§ 20-14. Same Right of entry
§ 20-15. Same Identification
§ 20-16 . Responsibility for condition of premises
§ 20-17. Inspection of buildings
§ 20-18. Substandard buildings -- Notice and orders
§ 20-19. Same Service of notice and order
§ 20-20. Same Method
§ 20-21. Compliance with order of Housing Official
required
§ 20-22 . Same -- Posting of notice of violation
of chapter
§ 20-23 . Vacated building
§ 20-24 . City Council -- Notice of hearing before
City Council
§ 20-25 . Same -- Action
§ 20-26 . Performance of demolition work -- Action
by Housing official
§ 20-27 . Same Procedure; costs
§ 20-28. Same Demolition Fund
§ 20-29. Same Recovery of cost of demolition
Article II . Permits
§ 20-30. Building permits -- Required
§ 20-31. Same Fees
§ 20-32 . Same Inspection
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Article IIII. Standards and Specifications
20-33 . Location of buildings generally; access
to public property
20-34. Yards and courts
20-35� Rooms
20-36. Ligl.it and, ventilation
20-37. Sanitation
§ 20-38. Structural requirements
§ 20-39,, Heating, elect'ricity, etc.
§ 20-40A Exits generally
§ 20-41. Fire protection
§ 20-42o Substandard buildings
"Article ! , In General
- "Sec. 20-1. Definitions
For the purpose of this chapter, the following
words and phrases shall have the meanings respec-
tively ascribed to them by this section:
Accessory struct.ure, A structure or building,
the use of which is incidental to that of the main
building, and which is attached theretr or located
on the same premises ,,
Alley. A public place, lane or thoroughfare
between buildings or through a city block, giving
access primarily to the rea� of buildings.
Alter or alteration. Any change, addition or modi-
fication in construction or occupancy.
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Apartment. 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. Any building or portion there-
of 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 liv-
ing independently of each other and doing their own
cooking in the building, including flats and apartments .
Approved. Having the approval of the Housing Of-
ficial as the result of investigation and tests con-
ducted by him or by reason of accepted principles
or tests by national authorities, technical or scien-
tific organizations; or having the approval of the
appropriate enforcement off•icial of the City as being
in compliance with the standards and requirements of
any code or ordinance of the city which applies spe-
cifically to the item in question.
Basement. 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 verti-
cal distance from grade to the ceiling.
Boardinghouse. A lodginghouse or rooming house
in which meals are piovided.
Building. A roof supported by walls or columns.
Building Code, The Building Code of the City
of Fort Worth as adopted pursuant to ordinance No.
6374.
Building Official . The officially designated
enforcement officer, of the Building Code .
Cellar. 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,
Commission. The Building Standards Commission.
Condemnation. The bringing of a proper legal
action for the abatement, of a nuisance.
Court,. Except 'where used with judicial conno-
tation, the term ' court ' shall mean an open, un-
occupied space bounded on two or more sides by
the walls of the building. An inner court is a
court entirely within the exter-ior walls of a
building; .all other courts are outer courts.
Dwelling. Any building or any portion thereof
which is not an ' apartment house, ' a ' lodginghouse '
or a- 'hotel ' as defined in this chapter and which
contains one or two ' dwelling -units ' or 'guest
rooms ' 'used, designed (,)r intended to be built, used,
rented, leased, let or hired out to be occupied
or which are occupied for, living purposes.
Dwelling unit. A suite of two or more habitable
rooms which are occupied or which are used, de-
signed, or intended to be occupied by one family,
with facilities for living, sleeping, cooking and
eating.
Efficiency living unit. Any room having cook-
ing facilities used for combined living, dining
and sleeping purposes and meeting the requirements
of Section 20-36, Exception.
Existing building. A building erected or one
for which a legal building permit has been issued
prior to the effective date of this Code.
Exit. A continuous and unobstructed means of
egress to a public way, including intervening
doorways, corridors, ramps, stairways, fire escapes,
horizontal exits, exterior courts and yards.
Extermination. The control and elimination of
insects, rodents and vermin by eliminating their
harborage places; by removing or making inaccessi-
ble materials that may serve as their food; by
poisoning, spraying, fumigating or trapping; or by
other approved means .
Family. One person living alone or a group of
two or more persons living together, whether related
to each other by birth or not.
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Floor-area. The area included with-Lm surround-
ing walls of a building (or portion thereof) , ex-
clusive of vent shafts as'id courts.
Garbage. The animal., vegetable and mineral
waste restilting from the handling, prepaz.'ation,
cooking and C011SUMption of food.
Grade (ground level.) . The average of the
finished ground level a+. the center- of all walls
of a bu i I ding. In case walls are parallel to and
within five feet of a sidewalk, the ground level
shall be measured, at the sidewalk.
Habitable buildinq. A bttilding or a port ion of
a building used, designed or intended to be used
for human habitation which meets the requirements
of this chapter., as applicable to all residential,
commercial and indust-rial structures.
Habitable room. Any room meeting -,he require-
ments of this chaptei, for, sleeping, living, cook-
ing or eating pi,"irposes, exr,'Iud.ing silch enclosed
places as clos(,-,ats, pantr,'ies, bath or, toilet rooms,
service rooms, connect i.or corridors, laundries, un-
finished attics, foyers, stor,_9ge spaces, cellars,
utility rooms and sim.- lar spaces ,
Health Director,, The legally designated head
of the Department cf Healt_h of the City of Fort
Worth,.
Hot water, Water at, a temperature of not less
than 1.20° Fo
Housing official. The officer and his deputies
charged with the administ,raticn and enforcement of
this chapter or tlie official charged with the ad-
ministrat,iori and enforcement of an ordinance that
requires the abatement procedure to follow, in whole
or in part, the provisions of this chapter as ap-
plicable to all residential, commercial and in-
dustrial strucfLi,es,
Infestation. she presence of insects, :rodents,
vermin or other pests within or contiguous to a
dwelling, dwellin,',.j Ul-lit, rooming house, rooming
unit or premises .
Kitchen. A room used, designed or intended to
be used for the preparation of food.
Lodginghouse. Same as house.
Masonry. That form of c(:,nstruction composed of
stone, brick, concrete, gypsum, hollow clay tile,
concretle block,, tile o., ot,.her similar building
units, materials +Dr combination thereof placed or
laid up unit by unit and set in mortar or., other
substance.
Mechanical Code. The City of Fort Worth Me-
chanical Code and amendments thereto.
Nuisance . The foLlouring shall be defined as
nuisances:
(a) Any public nuisance known at common law
or in equity jurisprudence ,
(b) Any attractive nuisance which may prove
detrimental to children, whether in a building,
on the premises of a building or opon an unoccu-
pied lot. This includes any abandoned wells,
shafts, basements or excavations; abandoned re-
frigerators or junked motor vehicles; any struc-
turally unsound fences or structures ; or any lum-
ber, 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 as determined by the
Health Director.
(d) overcrowding or occupancy in violation of
Sections 20-33 to 20-37.
(e) Insufficient ventilation or illumination
in violation of Sections 20-33 to 20- 37 .
(f) inadequate or unsanitary sewage or plumbing
facilities in violation of Sections 20-33 to 20-370
(g) Uncleanliness.
(h) Whatever renders air, food or drink unwhole-
some or detrimental to the health of human beings .
qccupant. Any person as owner, tenant, licensee,
trespasser or otherwise in exclusive or partial
possession or living upon the premises.
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occupied space. rChe trotal area (:)f all buildings
or structures ori any lot or parcel of ground pro-
jected, on a horizontal plane, excluding permitted
projections as allowed by this chapt-er ,,
Owner.,, Owr er,, 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 1-i con-
trol of a building.
Private garage.. A building or a portion of a
building not more than (:)i-ie thousand square feet
in area in which only motor vehicles i.i,sed by the
tenants of the b'a.dlding or buil.dings on the prem-
ises are stored or kept,
Repair. The recoi,,istr.'U'Z°t ion or renewal of any
part of an existing buIlding for the purpose of
its maintenance, The Lean 'repair' ' shall not ap-
ply to any change of construction or additions to
a building.
Rooming house. A building or part, -thereof
which contains one o " moce rooming units and in
which space is occupied or intended to be occu-
pied by five or more persons who are not husband
or wife, son o:r�- daughter, mother or father, or
sister or brother of the resident owner, or operator.
Rooming unit-, Any room or, group of rooms form-
_11-
ing a single habitable unit used or, intended to
be used for living or sleeping bu,(-. not for cooking
or eating purposes.
Rubbish . All combustible and noncombustible
waste, except garbage.
Service room. Any room used, for storage, bath
or utility purposes and not included in the defi-
nition of 'habitable room,. '
Window. 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. An open, unoccupied space other than a
court, unobstrtIcted from the ground to the sky,
except where specifically provided by this chapter,
on the lot of which a building is situated,
Zoning_ Ordinance . City of Fort Worth, Ordinance
No. 3011.
"Sec. 20-2 . Short title
This chapter may be referred to as the 'Minimum
Building Standards Code ' fox, repair, vacation or
demolition of substandard, and dangerous buildings
and structures.
"Sec. 20-3 . PLIrpOse
The purpose of this chapter is to provide a just,
equitable and practicable method to be cumulative
with and in addition te-i any other remedy provided by
the City of Fort Worth Building Code, or otherwise
available at law, whereby buildings or structures
which from any cause endanger the life, limb, health,
morals, p-,",,opefty, safety or welfare of the general
public or theix occzi.pants may be required to be
repaired, vacated or demolished.
"Sec. 20-4 . Applicability, scope and effect
The provisi(-)ns of this chapter shall apply to
all buildings and structt,-s.res f.,)r portions thereof as
herein defined which are now in existence or which
may hereafter be constructed in the City of Fort
Worth, Existing buildings o,l," strUctures which are
altered or enlarged shall be made to conform to this
chapter insofar as new work is concerned and be in
accordance with Section 104 (a) , (b) , (c) , (d) , (e)
and (g) of the Building Code of the City of Fort
Worth- Existing buildings or structures which are
moved or relocated shall be considered new construc-
tion and shall comply with all. requirements of the
Building Code of the City of Fort, Worth.
"Sec. 20-5 . Exemption of city officials from
liability
All of the regulal-,-.ions piovided in this chapter
and the functions and. duties of all officers,
agents, servants or employees of ',,-,,,.he City in the
enforcement of this chapter are declared to be gov-
ernmental and for the benefit of the general public.
-13--
Any member of the City Council, any city official
or employee, or any member, of the Commission
charged with the enforcement of this chapter,
acting for the City in the discharge of his duties,
shall not, thereby render himself 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 chapter shall be defended by the
Department of Law until the final adjudication of
the proceedings.
"Sec. 20-6 . Building Standards Commission
Established
A Building Standards Commission is hereby estab-
lished.
"Sec. 20-7. Same -- Composition; appointment;
qualifications of members ; term of
members
The Building Standards Commission shall consist
of nine members, each of whom shall be a duly quali-
fied elector and a resident of the City, who shall
be appointed by the City Manager with the approval
of the City Council. The Commission shall consist
of:
.Place Qualification
1. Architect
2 . Home Builder
3 . General Building Contractor
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Place Qualification
4 . Structural Engineer
5 . At large
6. At large
7. At lax,"ge
8. At large
9. At large
After the initial appointments hereunder, the mem-
bers of the Building Standards Commission shall hold of-
fice for a term of two (2) years unless removed
prior to the completion of such term. The initial
appointments of members in the odd-numbered places
shall be appointed for a term of two years ; the ini-
tial appointments of members in the even-numbered
places shall be appointed for a one year term, and
thereafter each of such even-numbered places shall
be filled by appointment for a two year term.
"Sec. 20-8. Same Ex officio members
In addition to the nine regular members of the
Building Standards Commission, the Fire Chief,
Housing official, Chief Sanitary Engineer, Build-
ing official and City Attorney of the City shall be,
ex officio, non-voting members of such Commission.
"duty of such ex officio members or
their authorized assistlants to attend all Commission
meetings and to advise and consult with the Commis-
sion in matters pertaining to the enforcement of
this chapter. when requested by the Commission, the
ex officio members shall inspect buildings, struc-
15
tures or premises in violation of, ox, alleged to
be in violation of, this chapter and shall pre-
sent a report of such inspection to the Commission.
"Sec. 20-9. Same - Meetings; quorum; officers
A quorum f��)r the transaction of business of
the Building Standards Commission shall consist
of not less than five (5) members. No decision by
the Commission shall be deemed rendered unless con-
curred in by not less than five (5) members . 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 neces-
sary for proper conduct of its business. The Hous-
shall funct.i(,,>n as secretary and shall
prepare and be custodian of all necessary. minutes
and records. The Commission shall hold regular
meetings at least once each month and, in addition,
such special meetings as may be required for the
performance of its duties.
"Sec. 20-10. Same - Powers and duties
The Building Standards Commission shall hear
and decide appeals wherein it is alleged there is
error in any ox-der, requirement, decision or de-
termination made by -the Housing Official in the en-
forcement of this chapter, and it shall have the
following powers :
1 .
(a) To reverse or affixTn wholly or I,n part
or to modify any order of the Housing Official ;
(b) To authorize, upon appeal, such variance
in the application of the terms of this chapter
as will not be contrary to the public interest,
where, owing to special conditions, a literal en-
forcement of the provisions of this chapter, will
result in unnecessary hardship, it being, however,
the intention of the City Council that no decision
of the Commission shall vary or be inconsistent
with the terms, provisions and requirements of
this chapter,
(c) To interpret the provisions of this chapter
in such a way as to carry out its intent and pur-
pose and to make such suggestions and recommenda-
tions to the City Council as it deems advisable
for the improvement, of this chapter; and
(d) To conduct hearings where the Housing
Official has cited the owner or agent of a build-
ing to appear before the Commission to show cause
why such building or structure should not be re-
paired, vacated or demolished as provided in Sec-
tion 2,0-18, 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.
"Sec. 20-11. Same Hearin(.T of appeals ; fo.'rm of
notice of app.
eal; form of appeal
The Building Standards Conanission shall hear any
appeals from an order of the Housing Official.
The Housing Official shall, after compliance by
the parties appealing from the provisions hereof,
place such appeals �-,)n the agenda for presentation
to the Commission. The Corranission shall rule in
each case; and vifiere it shall determine that a
structure is hazardous under the provisions of this
chapter, it shall recommend to the City Council
such action as it deems appropriate.
Each person entitled to not,,Lce under Section
20-19 shall be given such notice of the hearing
before the Commission by certified mail. The
notice shall include and be substantially as
follows:
1 . Date, time and place of hearing
2 . Brief description of property
and address
3. A qerieral description of the
struct.ure Which is the subject
of the order appealed from.
Any person appealing to the Commission shall
first file an application to appeal with the
Housing Official, which application shall contain:
1 . A caption reading: 'Appeal of
, ' giving the
names of all appellants partici-
pating in the appeal;
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2 . A list of all persons other than
the appellants who have a lawful
interest in or a valid claim
against. the property -,
3 . A statement showing why the appeal
is necessary,
4 . A statement setting forth the re-
lief requested; and
5 � The signature of appellants.
"Sec. 20-12 . Ho(ising Official office estab-
lished; responsibility for
enforcement
There is hereby established the office of
Housing Official, who is authorized and directed
to enforce all the provisions of this chapter.
Whenever necessary to make an inspection to
enforce any of the provisions of this chapter or
whenever the Housing Official or his authorized
representative has reasonable cause to believe
that there exists in any building or upon any prem-
ises any condition which makes such building or
premises substandard as defined in Section 20-18
of this chapter, the Housing official or his au-
thorized representative may enter such building or
premises at all reasonable times to inspect the
same or perform any duty imposed upon the Housing
Official by this chapter; provided that if such a
building or premises be occupied, he shall first
present proper credentials and xequest entry, and
if such building or premises be -unoccupied and
secured, he shall first make a reasonable ef-
fort to locate the owner or other persons having
charge or control of such building, structure
or premises and request entry, If such entry
is refused, the Housing Official or his authorized
representative shall have recourse to every remedy
provided by law to secure entry.
No owner or occupant or any other person hav-
ing charge, care, custody or control of any build-
ing, structure or premises shall fail or neglect,
after proper request is made as herein provided,
to permit entry therein by tbe. Housing official
or his authorized representative for the purpose
of inspection and examination pursuant to this
chapter. Any person violating this subdivision
shall be guilty of a misdemeanor.
"Sec. 20-13 . Same •• Appointment. of deputies
and inspectors; police powers
The Housing Official may appoint. such number
of inspectors and other employees as shall be au-
thorized by the appropriations ordinance and budget.
He may deputize such employees as may be necessary
to carry out the funct,i(,�.)ns required for the en-
forcement of this chapter', and in the enforcement
thereof the Housing Official and his deputies shall
have the powers of police officers.
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"Sec. 20-14, Same Right of entry
Upon presentaLA(,.)n of pi,cper credentials, the
Housing Official, Fire Chief or City Health
Director or their duly aut,,horized representalt.1ves
may at reasonable timeg enter any building,
structure or, premises in the City to perform any
duty imposed upora them by this chapter.
"Sec, 20-15 ,, Same -- Identification
The Housing Official, the Fire Chief, the City
Health Directs'o-r and their deputies and inspectors
shall be supplied with official identification,
and upon request t)iey shall exhibit such identifi-
cation when ent�,.er-Lng any building, structure or
premises .
No owner, occupant or other person having
charge, care, custody or control of any building,
structure or, premises shall fail or, neglect, after
proper request is made as herein provided, to per-
mit entry thereto by the Housing official, Fire
Chief, City Health Direcl:�or or, their authorized
representatives for the purpose of inspection and
examination in the enforcement of this ordinance.
"'Sec. 20-16 , Responsibility for condition of
premises
Each owner remaj_ris liable for violation of
duties imposed upon him b�� this chapter, eVen
though an obligation is also imposed o:'i the occu-
-21,.-
pants of his building and even though the owner
has, by agreement, imposed on the occupants the
duty of furnishing required equipment or comply-
ing with this chapter,
Each owner or his agent, in addition to being
responsible for maintaining his building in a
sound structural condition, shall be responsible
for keeping that part of the building or premises
which he occupies or controls in a clean, sani-
tary and safe condition, including the shared or
public areas in such building or structure .
Each owner or occupant shall, where required
by this chapter or other applicable ordinances,
furnish and maintain such approved sanitary facili-
ties as are requd.'red, shall furnish and maintain
approved devices, equipment or facilities for the
prevention of insect and rodent: infestation, and,
where infestation exists, shall be responsible
for the extermination of any insects, rodents or
other pests.
Each occupant of a building or structure, in
addition to being responsible for keeping that part
of the building, structure or premises which he oc-
cupies and controls in a clean, sanitary and safe
condition, shall dispose of all rubbish, garbage
and other organic waste in such manner as is re-
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quired by applicable ordinances of the City
of Fort Worth.
Each occupant shall, where required by this
chapter or other applicable ordinances, furnish
and maintain approved devices, equipment or fa-
cilities necessary to keep his premises safe
and sanitary.
"Sec. 20-17. Inspection of buildings
All buildings and structures regulated here-
under and all construction or, work for which
a permit from the City is required shall be sub-
ject to inspection by the Building Official in
accordance with and in the manner, provided by
this chapter and Sections 304 and 305 of the Build-
ing Code of the City of Fort Worth, as amended.
No work shall be commenced until a building in-
spection card authorizing same has been posted in
a conspicuous place on the front of the premises ,
"Sec. 20-18. Substandard buildings -- Notice
and orders
Whenever the Housing Official has inspected or
caused to be inspected any building and has found
and determined that such building or structure is
substandard, as hereinafter defined, he shall com-
mence proceedings to cause the repair, vacation or
demolition thereof.
In commencing such proceedings, the Housing Of-
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ficial shall issue a notice and order directed
to the owner of the building or structure . The
notice and order shall contain substantially
the following:
1. The street. address and a de-
scription sufficient for iden-
tification of the premises
upon which the building is
located;
2 . A statement that the Housing
Official has f�--vund the build-
ing to be substandard, with a
general description of the con-
ditions found to render the
building substandard under the
provisions of Section 20-43 of
this chapter;
3 . A statement of the action re-
qui�:'ed to be taken as determined
by the Housing Official:
(i) If the Housing Official has
determined that the building or
structure must be repaired, the
order shall require that all
necessary permits be secured
therefor and the work physically
commenced, wit-hin not to exceed
sixty (60) days ft.'om the date of
the order and completed within
such time as the Housing official
determines is reasonable under all
the circumstances;
(ii) If the Housing Official
has determined that the building or
structure must be vacated, the
order shall require that the build-
ing or structure be vacated within
a time certain from the date there-
of; and
(iii) If the Housing Official
has determined -that. pursuant to the
provisions hereof, the building or
structure must be demolished, the
-24-
order shall require that the
building or strt.�c,Lure be va-
cated within a time certain,
which ti.me ceita,in shall not
exceed sixty, (60) days from
the date of the order; that
all required permits be se-
cured therefor within sixty
(60) day's from the date of
the order, and that the demo-
lition be complel-,.ed within
such time as the H(..)using Of-
ficial shall determine is rea-
sonable;
4 . Statements advising that if any
required repair, or demolition
work (without vacation also be-
ing required) is not commenced
within the time specified, the
Housing official (i) will order
the building vacated and posted
to prevent further occupancy
until the work is completed,
and (ii) may proceed tc cause
the work to be done and charge
the costs thereof against the
property or its owner; and
5 . Statements advising (i) that any
person having title to or a legal
interest in the building may appeal
from the notice and order or any
action o�f the Housing official to
the Building Standards Commission,
provided that such appeal is made
in compliance with the applicable
provisior�.s of this chapter and filed
in the Office of the Housing Official
within thir,ty (30) days from the date
of service of such notice and order,
and (ii) that failure to appeal with-
in such thirty (30) day period shall
constitute and. be deemed to be a waiver
of the right to appeal same .
"Sec. 20-19. Same -- Service of notice and order
The notice and order and ar)y amended or supple-
mental notice and order shall be given to the owner
,,-25,,,
as such ownership appears on the last approved
City tax roll, and such notice and order shall
also be posted on the property.. Such notice
and order may be served by depositing same in
the United States mail, properly addressed,
postage prepaid, by certified mail, return re-
ceipt requested. Copies of such notice and
order shall also be given to the holder of any
mortgage, deed of. trust or other lien, interest
or encumbrance shown of record in or to the
building or the land on which it is located.
By the term 'record ' is meant the last approved
City of Fort. Worth tax roll and the Deed Records
of Tarrant County, Teas .
The failure of the Housing Official to serve
any person required herein to be served shall not
invalidate any proceedings hereunder as to any
other person duly served or relieve any such per-
son from any duty or obligation imposed upon him
by the provisions of this chapter.
"Sec. 20-20. Validity of proceedings not af-
fected by failure to receive
notice
The failure of any such person to receive any
notice or order deposited in the United States
mail shall not affect the validity of any proceed-
ings taken under this chapter. Service by mail
-26-
in the manner herein provide-J. shall be effective
on the date of mailing.
"Sec. 20-21. Compliance with order of Housing
Official required
If compliance is not had with the order with-
in the time specified therein and rio appeal has
been properly and timely filed, the following pro-
cedures shall be followed in ordering the repair,
vacation or demolition of any substandard building
or structure:
1 . Any building or, structure declared
substandard under this ordinance shall either
be repaired in accordance wi-t_h the current
Building Code or be demolished at the option
of the owner,
2 . No building or structure shall. be in
any manner repaired, remodeled ox., reconstructed
by any person, or occupied, by persons not al-
ready in occupancy on the effective date of this
Code, until and unless such building or struc-
ture is made to comply with all the requirements
of this Code,,
3. If the building or structure is in such
condition as to make it dangerous to the life,
limb, property or safety of the public or the
occupants thereof, it. shall be ordered vacated.
-27-
"Sec. 20-22 . Same Posting of notice of
violation of chapter
Every notice to vacate shall, ir, addition to
being served as provided in Section 20-19, be
posted at or, upon the building, and shall be in
substantially the following form:
' SUBSTANDARD BUILDING
DO NOT OCCUPY
It is a misdemeanor, to occupy this
building or to remove or deface this
notice .
HOUSING OFFICIAL
CITY OF FORT WORTH '
After such notice is posted, no person shall
remain in or enter the building which has been
so posted, except that entry may be made to re-
pair, demolish or remove such b-,.iilding under permit.
Such notice shall not be removed or defaced
until the required repairs, demolition or removal
has been completed and a Certificate of Occupancy
issued pursuant to the pr )visions of the Building
Code.
Any person violating this section shall be
guilty of a misdemeanor ,
"Sec. 20-23,, Vacated building
No partially or completely vacated building
shall remain boarded up for a period longer than
six (6) months. After the expiration of said six
(6) months period, the owners, operators, agents
or other person or persons responsible shall
forthwith either rehabilitate the building,
making it fit for human habitation or for com-
mercial or other authorized use, or demolish it
and remove all the debris from the premises .
The six (6) months period may be extended only
by order of the Building Standards Commission
after a hearing .
If such rehabilitation or, demolition is not
commenced immediately following such six (6)
months period or any extension thereof, appropriate
legal action shall be instituted as provided by
this chapter without further notice of violation
being required to be issued,
"Sec. 20-24. City Council -- Notice of hearing
before City Council
Notice shall be given to any person entitled to
service under Section 20-19, The notice shall
contain substantially the following information:
1. Lot, block and addition, or general
description of property,
2 . City Council meeting dat°e, and
3 . Statement of the Commission ' s action.
"Sec. 20-25 . Same Action
The City Council, after,, hearing, may uphold,
rescind or modify the action or, order of the
Building Standards Commission,,,
A copy of the action taken by the City Coun-
-29-
cil shall be furnished to those persons who ap-
pealed from the order of the Housing Official
to the Building Standards Commission.
"Sec. 20-26. Performance of demolition work
-- Action by Housing Official
The Housing Official shall proceed as ordered
by the City Council.
If the order requires demolition, the Housing
Official shall cause the building to be demolished
and the materials, rubble and debris removed from
the premises . Such demolition shall be commenced
within thirty (30) days after the action of the
City Council. The cost of any such demolition
work may be paid and recovered in the manner here-
inafter provided.
The Housing Official may, in his discretion,
grant an extension of time within which to com-
plete the repair, rehabilitation or demolition.
The authority of the Housing Official to extend
time is limited, however, to extensions for the
physical repair, rehabilitation or demolition of
the building or structure and shall not in any
way affect or extend the time to appeal to the
Building Standards Commission.
No person shall obstruct, impede or interfere
with any officer, employee, contractor or au-
-30-
thorized representative of the City, or with any
person who owns or holds any estate or interest
in any building which has been ordered repaired,
vacated or demolished under the provisions of this
chapter, or with any person to whom such building
has been lawfully sold pursuant to the provisions
of this chapter, whenever such officer, employee,
contractor or authorized representative of the City,
any person having an interest or estate in such
building or structure, or any purchaser is engaged
in the work of repairing, vacating and repairing
or demolishing any such building pursuant to the
provisions of this chapter, or performing any neces-
sary act preliminary to or incidental to such work,
or authorized or directed pursuant to this chapter.
The Housing Official shall furnish to the
City and County Tax Departments a copy of each
order of the City Council requiring the demolition
or repair of any building or structure . The order
requiring demolition shall state that a wrecking
permit will be required prior to demolition. No
charge for such wrecking permit shall be made.
"Sec. 20-27 . Same -- Procedure, costs
When demolition is to be done pursuant to
Section 20-26, the Housing Official shall issue
his order therefor to the Director of Public Works,
-31-
and the work shall be accomplished by City per-
sonnel or by independent contractor after bids
are taken. Plans and specifications for such
work, when necessary, shall be caused to be
prepared by the Director of Public Works.
The cost of such work may be paid from the
demolition fund, by special assessment against
the property involved, or by the property owner.
"Sec. 20-28. Same -- Demolition Fund
The City Council shall establish a special
revolving fund to be designated as the Demolition
Fund. Payments shall be made out of said fund
upon the order of the Director. of Public Works,
with the concurrence of the Housing Official,
to defray the costs and expenses incurred by the
City in doing or causing to be done the necessary
demolition of substandard buildings and struc-
tures .
The City Council may appropriate such sums as
it may deem necessary in order to expedite the
demolition, and any sum so appropriated shall be
deemed a loan to the Demolition Fund and shall
be repaid out of the proceeds of the collections
hereinafter provided for.
-32-
"Sec. 20-29. Same -- Recovery of cost of demolition
The Director of Public Works shall keep an
itemized account of the expenses incurred by the
City in the demolition of any building pursuant
to the provisions hereof, and upon the completion
of the demolition, the Director of Public Works
shall cause to be prepared and filed with the
City Secretary a report specifying the work done,
the itemized and total cost thereof, a descrip-
tion of the real property upon which the building
or structure is or was located, and the names
and addresses of the persons entitled to notice
pursuant to Section 20-19 hereof.
Demolition may be carried out by contract
with an independent contractor after taking
bids or by use of City equipment with City per-
sonnel. The City Council may thereupon order
that said charge, including administrative costs, be
-33-
made a personal obligation of the property owner
or assess said charge against the property in-
volved under the applicable provisions of the
Constitution and laws of the United States, the
State of Texas, and the Charter of the City of
Fort Worth.
If the City Council order's that the charge
shall be a personal obligation of the property
owner, it shall request the City Attorney to col-
lect the same on behalf of the City by use of all
appropriate legal remedies ; if the City Council
orders that the charge shall be assessed against
the property under the applicable provisions of the
Constitution and laws of the United States, the
State of Texas, and the Charter of the City of
Fort Worth, it shall confirm the assessment and
cause the same to be recorded on the assessment
roll, and thereafter- said assessment shall consti-
tute a special assessment against and a lien upon
the property.
"Article II, Permits
"Sec. 20-30. Building permits -- Required
No person, firm or corporation shall erect, con-
struct, enlarge, alter, repair, move, improve,
convert or demolish any building or structure,
or cause the same to be done, without first ob-
-34-
taining a separate building permit for each such
building or structure from the Building Official
as provided in Chapter 3 of the Building Code.
"Sec. 20-31. Same -- Fees
A fee for, each building permit shall be paid
to the Building official as specified in Section
303 of the Building Code,
"Sec. 20-32 . Same -- Inspection
All buildings or struct-.ures regulated under
the provisions of this chapter, and all construc-
tion or work for which a permit is required, shall
be subject to inspection by the Building Official
in accordance with and in the manner provided by
this chapter and Sections 304 and 305 of the Build-
ing Code.
"Article III. Standards and Specifications
"Sec. 20-33 . Location of buildings generally;
access to public property
All buildings shall be located with respect to
property lines and to other buildings on the same
property as required by the Zoning ordinance and
Section 504 and Table No. S-A of the Building Code
of the City. Each dwelling unit and each guest room
in a dwelling or rooming house unit shall have access
to a passageway not less than three feet in width
leading to a public street or alley, Each apartment
-35-
house or hotel shall have access to a public
street by means of a passageway not less than
five feet in width.
"Sec. 20-34 , Yards and courts
Yards and courts for buildings coming under
the scope of this chapter shall be as required
by the Building Code, and windows required for
light and ventilation shall face upon yards or
courts meeting these requirements:
(a) Adequate access shall be provided to all
courts for cleaning purposes. Every court more
than two -stories in height shall be provided with
a horizontal air intake at the base not less than
ten square feet in area and leading to the ex-
terior of the building 'unless abutting a yard or
public space,, The construction of the air intake
shall be as required for the court walls of the
building but in no case shall be less than one-
hour fire-resistive .
(b) Projection into yards. Eaves and cornices
may project into any required yard not more than
two inches for each foot, of yard width. Unroofed
landings, porches and stairs may project into any
required yard provided no portion extends above the
floor level of a habitable room, and provided fqrther
that no such projection shall obstruct a required
exit way.
-36-
"Sec. 20-35., Rooms.
(a) Ceiling heights, Habitable rooms, storage
rooms, and laundry rooms shall have a ceiling
height of not less than seven feet six inches .
Hallways, corridors, bathrooms and toilet rooms
shall have a ceiling height of not less than
seven feet measured to the lowest projection
from the ceiling. If any room in a building
has a sloped ceiling, the prescribed ceiling
height for the room is required in only one-
half the area thereof. No portion of the room
measuring less than five feet from the finished
floor to the finished ceiling shall be included
in any computation of the minimum area thereof.
If any room has a furred ceiling, the prescribed
ceiling height. is required in two-thirds the area
thereof, but in no case shall the height of the
furred ceiling be less than seven feet.
(b) Floor area. Every dwelling unit shall
have at least one room which shall, have not less
than one hundred twenty square feet of floor area.
Every room which is used for both cooking and
living or both living and sleeping purposes shall
have not less than one hundred fifty feet of floor
area. Every room used for sleeping purposes shall
have not less than ninety square feet of floor area.
-37-
When more than two persons occupy a room used for
sleeping purposes, the required floor area shall
be increased at the rate of fifty square feet for
each occupant in excess of two.
Exception: Nothing in this section shall pro-
hibit the use of an efficiency living unit meet-
ing the following requirements :
1. The unit shall have a living room of
not less than two hundred twenty square
feet of floor. area. An additional one
hundred square feet of floor area shall
be provided for each occupant of such
unit in excess of two
2 . The unit shall be provided with a sepa-
rate closet.
3 . The unit shall be provided with a kitchen
sink, cooking appliance and refrigeration
facilities, each having a clear working
space of not less than thirty inches in
front. Light and ventilation conforming
to this chapter shall be provided.
4. The unit shall be provided with a separate
bathroom containing a water closet, lava-
tory and bathtub or shower.
(c) Width. No habitable room shall be less
than seven feet in any dimension and no water
-38-
closet space less than thirty inches in width,
and a clear space shall be provided in front of
the water closet of not less than twenty-four
inches.
"Sec. 20-36. Light and ventilation
(a) Windows. All guest rooms, dormitories
and habitable rooms within a dwelling unit shall
be provided with natural light by means of windows
and skylights with an area of not less than one-
tenth of the floor area of such rooms with a mini-
mum of twelve square feet.
All bathrooms, water closet compartments,
laundry rooms and similar rooms shall be provided
with natural ventilation by means of windows or
skylights with an area of not less than one-tenth
of the floor area of such rooms with a minimum of
three square feet.
Not less than one-half of the required window
or skylight area shall be capable of being opened
to provide ventilation. All openings used for
ventilation shall be adequately screened.
Required windows shall open directly onto a
street or public alley or a yard or court located
in the same lot as the building.
Exception: Required windows may open onto a
roofed porch where the porch:
-39-
1 . Abuts a street, yard or court;
2 . Has a ceiling height of not less than
seven feet; and
3 . Has the longer side at least sixty-
five per cent open and unobstructed.
A required window in a service room may open
onto a vent shaft which is open and unobstructed
to the sky and not less than four feet in smallest
dimension. No vent shaft shall extend through
more than two stories .
For the purpose of determining light and venti-
lation requirements, any room may be considered
as a portion of an adjoining room when one-half of
the area of the common wall is open and unobstructed
and provides an opening of not less than one-tenth
of the floor area of the interior room or twenty-
five square feet, whichever is greater.
(b) mechanical ventilation. An approved system
of mechanical ventilation or air conditioning may
be used in lieu of windows capable of being opened.
Such system shall be capable of providing two air
changes per hour in all guest rooms, dormitories,
habitable rooms and public corridors. one-fifth
of the air supply shall be taken from the outside.
In bathrooms, water closet. compartments, laundry
rooms and similar rooms, a mechanical ventilation
system connected directly to the outside, capable
-40-
of providing five aim, changes per hour, shall be
provided.
(c) vent shaft. A required window in a service
room may open into a vent shaft which is open and
unobstructed. to the sky and not.. less than four
feet in least dimension. No vent shaft shall ex-
tend through more than two stories.
(d) Hallways . All public hallways, stairs,
and other exit ways shall be adequately lighted
at all times in accordance with Section 3312 (a) 1
of the Building Code.
"Sec. 20-37 . Sanitation.
(a) Dwelling units. Every dwelling unit shall
be provided with a water closet, a lavatory and a
bathtub or shower.
(b) Hotels and rooming houses . Where private
water closets, lavatories and baths are not pro-
vided, there shall be provided on each floor for
each sex at least one water, closet and lavatory
and one bath accessible from a public hallway at
the rate of one for every ten guest"s, or fractional
equivalent thereof in excess of ten. Such fa-
cilities shall be clearly marked for "Men" or
"Women. "
(c) Kitchen. Every dwelling unit shall be pro-
vided with a kitchen. Every kitchen shall be pro-
vided with a kitchen sink. No wooden sink or sink
-41-
of similarly absorbent mater-L,al shall be per-
mitted.
(d) Fixtures. All plinbing fixtures shall be
connected to a sanitary sewer or to an approved
private sewage disposal system. All plumbing
fixtures shall. be connected to an approved sys-
tem of water supply and provided with hot and cold
running water, except water closets shall be pro-
vided with cold water only.
All plumbing fixtures shall be of an approved
glazed ceramic type or of a similar nonabsorbent
material.
(e) Bathrooms. Walls and floors of water closet
compartments and bathrooms except in dwellings
shall be finished in accordance with Section 1711 (i)
of the Building Code. Water closet compartments
in dwellings shall be finished with approved non-
absorbent materials .
(f) Room separations. Every water closet, bath-
tub or shower required by this chapter shall be
installed in a room which will afford privacy to
the occupant. A ro,c.-)m in which a water closet is
located shall be separated from food preparation or
storage rooms by a well-fitted door.
(g) Installation and maintenance . All sanitary
facilities shall be installed and maintained in a
-4 2--
safe and sanitary condition and in accordance
with all applicable laws.
"Sec. 20-38. Structural requirements
(a) General structural elements. Buildings
or structures may be of any type or construc-
tion permitted by the Building Code, as amended.
Roofs, floors, walls, foundations and all other
,structural components of buildings shall be capa-
ble of resisting any and all forces and loads
for which they are designed. All structural
elements shall be proportioned and joined in
accordance with the stress limitations and de-
sign criteria as specified in the appropriate
sections of the Building Code, as amended. Build-
ings of every permitted type of construction shall
comply with the applicable requirements of the
Building Code, as amended.
(b) Shelter. Every building shall be weather-
protected so as to provide shelter for the occu-
pants against the elements and to exclude excessive
dampness.
(c) Protection of materials . All wood shall be
protected against termite damage and decay as pro-
vided in the Building Code.
"Sec. 20-39. Heating, electricity, etc.
(a) Heating, Every dwelling unit and guest room
-43-
shall be provided, with heating facilities capable
of maintaining a room temperature of 70° F. , at a
point three feet above the floor in all habitable
rooms. Such facilities shall be installed and
maintained in a safe condition and in accordance
with the Building Code, as amended, the Mechanical
Code, and all other applicable laws. No unapproved
fuel-burning heater shall be permitted. All heat-
ing devices or appliances shall be of an approved
type.-
(b) Electrical equipment, All electrical equip-
ment, wiring and appliances shall be installed and
maintained in a safe manner in accordance with all
applicable laws. All electrical equipment shall be
of an approved type.
Where there is electrical power available within
three hundred feet of the premises of any building,
such building shall be connected to such electrical
power. In every existing residence, each room shall
have a minimum of one duplex receptacle for each 20
linear feet measured around the wall space of the
room. The linear measurement shall not include doors
and windows that reach to the floor. Every habitable
room, water closet compartment, bathroom, laundry
room, furnace room and hallway, except living room,
shall contain at least one supplied electric light
-44-
fixture. In additions or extensions to existing
buildings, the number and location of receptacles
shall comply with the National Electrical Code.
(c) Ventilation., Ventilation for rooms and
areas and for fuel-burning appliances shall be
provided as required in the Building Code, as
amended, the Mechanical Code, and in this chapter.
Where mechanical ventilation is provided in lieu
of the natural ventilating system, it shall be
maintained in an operable condition during the
occupancy of any building or portion thereof.
"'Sec. 20-40,, Exits generally
Every dwelling unit or guest room shall have
access directly to the outside or to a public cor-
ridor. All buildings or poi."tions thereof shall be
provided with exits, exitways and appurtenances
as required by the Building Code, as amended.
Every sleeping room below the fourth floor
shall have at least one window or exterior door
approved for emergency exit or rescue. Where
windows are provided, they shall have a sill
height not more than forty-eight inches above the
floor.
Windows with an area of not less than five
square feet with no dimension less than twenty-two
inches shall be deemed to meet the requirements of
this section,
-45-
"Sec. 20-41. Fire protection
All buildings or port.ions thereof shall be pro-
vided with the degree of fire-resistive construc-
tion as required by the Building Code for the appro-
priate occupancy, type of construction and location
on property or in fire zone and shall be provided
with the appropriate fire-extinguishing systems
or equipment required by the Building Code and
the Fire Code.
"Sec. 20-42 . Substandard buildings
Any building or structure or portion thereof,
including any dwelling unit, guest room or suite
of rooms, or the premises on which the same is
located, in or on which exists any of the follow-
ing conditions to the extent that same endanger
the life, limb, health, prc,)perty, safety or wel-
fare of the public or the occupants thereof shall
be deemed and is hereby declared to be a substandard
building and a nuisance, the maintenance of which
is a violation of this chapter, and the Housing
Official shall take such action as he deems neces-
sary for the abatement thereof:
(a) In general .
(1) Whenever any door, aisle, passage-
way, stairway or other means of exit is not
of sufficient width or size or is not so
-46-
arranged as to provide safe and adequate
means of exit in case of fire or panic;
(2) Whenever the stress in any ma-
terials, member or portion thereof, due
to all dead and live loads, is more than
one and one-half times the working stress
or stresses allowed in the Building Code,
as amended, for new buildings of similar
structure, purpose or location;
(3) Whenever any portion of any build-
ing or structure has been damaged by fire,
earthquake, wind, flood or by any other
cause to such an extent that the structural
strength or stability thereof is materially
less than it was before such occurrence and
is less than the minimum requirements of the
Building Code, as amended, for new buildings
of similar structure, purpose or location;
(4) Whenever any portion or member or
appurtenance thereof is likely to fail, to
become detached or dislodged or to collapse,
thereby injuring persons or damaging property;
(5) Whenever any portion of a building
or any member, appurtenance or ornamentation
on the exterior thereof is not of sufficient
strength or stability or is not so anchored,
-47-
attached or fastened in place so as to be
capable of resisting a wind pressure of one-
half of that specified in the Building Code
for new buildings of similar structure,
purpose or location without exceeding the
working stresses permitted in the Building
Code for such buildings;
(6) Whenever any portion thereof has
wracked, warped, buckled, twisted or settled
to such an extent that walls or other struc-
tural portions have materially less resistance
to winds or earthquakes than is required in
the case of similar new construction;
(7) whenever the building or, structure
or any portion thereof, because of (i) dilapi-
dation, deterioration or decay, (ii) faulty
construction, (iii) the removal, movement or
instability of any portion of the ground neces-
sary for the purpose of supporting such build-
ing, (iv) the deterioration, decay or inade-
quacy of its foundation or (v) any other cause,
is likely to collapse partially or completely;
(8) Whenever for any reason the building
or structure or any portion thereof is mani-
festly unsafe for the purpose for which it is
being used;
(9) Whenever the exterior walls or
other vertical structural members list,
lean or buckle to such an extent that a
plumb line passing through the center of
gravity does not fall inside the middle one-
third of the base ;
(10) Whenever a supporting member of a
building or structure is 33% or more damaged
or deteriorated or there is 50% damage to or
deterioration of its nonsupporting members;
(11) Whenever the building or, structure
has been so damaged by fire, wind, earthquake
or flood, or has become so dilapidated or de-
teriorated as -to become an attractive nuisance,
(12) Whenever any building or structure
has been constructed, exists or is maintained
in violation of any specific requirement or
prohibition applicable to such building or
structure as provided by the building regulations
of this City as specified in the Building Code,
as amended, or in violation of any law of this
State or ordinance of this Cj.ty relating to the
condition, location or structure of buildings;
(13) Whenever any building, structure or any
member or portion thereof does not have the fire-
resistant qualities and characteristics or weather-
4 9
resistant qualities and characteristics re-
quired by law in the case of a newly con-
structed building of like size, height and
occupancy in the same loca,A;ion;
(14) Whenever a building or structure,
because of inadequate light, air, sanitation
facilities or otherwise, is determined. by the
Health Director to be unsanitary, unfit for
human habitation or in such a condition that
it is likely to cause sickness or disease ;
(15) Whenever any building or structure,
because of obsolescence, dilapidated condition,
deterioration, damage, inadequate exits, lack
of sufficient. fire-resistant construction,
faulty electric wiring, gas connections or
heating apparatus nr other cause, is determined
by the Fire Chief to be a fire hazard;
(16) Whenever any building or structure
is in such a condition as to constitute a pub-
lic nuisance known to the common law or in
equity jurispr,,Adence; and
(17) Whenever any portion of a building
or structure remains on a site after the demo-
lition or destruction of the building or struc-
ture, or whenever any building or structure
is abandoned for a period. in excess of six
-50-
months so as to constitute such building
or portion thereof an attractive nuisance
or hazard to the public.
(b) Structural hazards . Structural hazards
shall include but not be limited to the follow-
ing:
(1) Deteriorated or inadequate
foundations;
(2) Defective or deteriorated flooring
or floor supports;
(3) Flooring or floor supports of insuf-
ficient size to carry imposed loads with safety;
(4) Members of walls, partitions or other
vertical supports that are split or that lean,
list or buckle due to defective material or
deterioration;
(5) Members of walls, partitions or other
vertical supports that are of insufficient
size to carry imposed loads with safety;
(6) Members of ceilings, roofs, ceiling
and roof supports or other horizontal members
which sag, split or buckle due to defective
material or deterioration;
(7) Members of ceilings, roofs, ceiling
and roof supports or other horizontal members
that are of insufficient size to carry imposed
loads with safety;
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(8) Fireplaces or chimneys which list,
bulge, lean or settle due to defective ma-
terial or deterioration; and
(9) Fireplaces or chimneys which are of
insufficient size or strength to carry im -
posed loads with safety,
(c) inadequate sanitation. Inadequate sanita-
tion shall include but not be limited to the fal-
lowing:
(1) Lack of or improper water closet,
lavatory, bathtub or shower in a dwelling unit;
(2) Lack of or improper water closets,
lavatories, bathtubs ot, shower's per riumber
of guests in a hotel ;
(3) Lack of or improper kitchen sink;
(4) Lack of hoU and cold running water
to plumbing fixtures in hotel ;
(5) Lack of hot and cold running water
to plumbing fixtures in a dwelling unit;
(6) Lack of adequate heating fc
ailities;
(7) Lack of or improper operation of re-,
quired ventilating equipment ;
(8) Lack of minimum amounts of natural
Light and ventilation requixed by this chapter;
(9) Room and space dimensions less than
required by this chapter;
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(10) Lack of required electrical lighting;
(11) Excessive dampness of habitable rooms ;
(12) Infestation by insects, vermin or
rodents;
(13) General dilapidation or improper
maintenance;
(14) Lack of connection to required sewage
disposal system; and
(15) Lack of adequate solid waste, garbage
and rubbish storage .
(d) Hazardous wiring, All wiring except that
which conformed to applicable laws in effect at
the time of installation and which has been main-
tained in good condition and is being used in a
safe manner.
(e) Hazardous plumbing. All plumbing except
that which has been maintained in good condition
and which is free of cross connections and siphonage
between fixtures, and S-traps or other improperly
Vented traps.
(f) Hazardous mechanical equipment. All me-
chanical equipment, including vents, except that
which has been maintained in a good and safe condi-
tion.
(g) Faulty weather protection.
(1) Deteriorated, crumbling or loose
plaster;
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(2) Deteriorated or ineffective water-
proofing of exterior walls, roof, founda-
tion or floors, including broken windows or
doors;
(3) Defective or lack of weather pro-
tection for exterior wall coverings, includ-
ing lack of paint or weathering due to lack
of paint or other necessary protective covering;
and
(4) Broken, rotted, split or buckled
exterior wall coverings or roof covering.
(h) Hazardous or unsanitary premises . Premises
on which any accumulation of weeds, vegetation, junk,
organic matter, debris, garbage, offal, rat har-
borages, stagnant water, combustible materials,
or similar materials or conditions exist are deemed
to be hazardous or unsanitary.
(i) Inadequate maintenance. Any building or
portion thereof which is an unsafe building under
the Building Code, as amended, is deemed to be evi-
(11 en.ce of inadequate maintenance .
(j) Inadequate exits. All buildings or por-
tions thereof not provided with adequate exit fa-
cilities as required by this chapter except those
buildings or portions thereof whose exit facilities
conformed with all applicable laws at the time of
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their construction and which have been adequately
maintained and increased in relation to any in-
crease in occupant load, alteration or addition,
or any change in occupancy.
When an unsafe condition exists through lack
of or improper location of exits, additional exits
may be required to be installed.
(k) Inadequate firefighting equipment. All
buildings or portions thereof which are not pro-
vided with fire-extinguishing systems or equipment
required by this chapter, except those buildings
or portions thereof which conformed with all appli-
cable laws at the time of their construction and
whose fire-extinguishing systems or equipment
has been adequately maintained and improved in re-
lation to any increase in occupancy load, altera-
tion or addition, or any change in occupancy.
(1) Improper occupancy. All buildings or por-
tions thereof occupied for living, sleeping, cook-
ing or dining purposes which were not designed or
far..-such- oeeupancies .
SECTION 2
That Chapter 10, Section 10-9 through Section 10-18,
inclusive, of the Code of the City of Fort Worth, Texas,
1964, as amended, is hereby repealed.
-55'-
SECTION 3.
It shall be unlawful for any person to erect, construct,
enlarge, alter, repair, move, improve, convert, equip, use
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 ordinance .
Any person violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor, and
each such person shall be deemed guilty of a separate of-
fense for each day or portion thereof during which any vio-
lation of any of the provisions of this chapter is committed,
continued or permitted, and each violation shall be punish-
able by a fine not, exceeding Two Hundred Dollars ($200.00) .
SECTION 4.
This ordinance constitutes a digest and revision of the
Housing and Substandard Building Code ordinances of the
City of Fort Worth, Texas, as provided by Section 2, Chapter
XXVI, and Section 10, Chapter XXVIII of the Charter of the
City, and the City Secretary is hereby directed to publish
this ordinance in book or pamphlet form for general distribu-
tion among the public. This ordinance, as so published in
pamphlet form, shall be admissible in evidence as provided in
Section 3, Chapter XXVI of the Charter of said City.
SECTION 5.
This ordinance shall be cumulative of all provisions of
the Code of the City of Fort Worth, 1964, as amended, with
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respect to minimum standards governing -the condition, oc-
cupancy and maintenance of existing buildings or premises
within the City of Fort Worth except in those instances
where the provisions of this ordinance are in direct con-
flict with the provisions of such Code, in which instances
said conflicting provisions of such Code are hereby repealed.
Building permits heretofore issued under existing
ordinances shall be valid for the time for which they
are issued under the existing Building Code, but, upon ex-
piration thereof, the same shall be void.
All pending litigation and existing violations,, both
civil and criminal, whether pending in court or not, under
the Building Code and amendments thereto superseded by this
ordinance shall not be affected by this ordinance but may
be prosecuted until final disposition by the courts .
SECTION 6 .
If any section, part of a section or provision of any
section of this ordinance shall be held to be void, in-
effective or unconstitutional by a court of competent juris-
diction, the holding of such section, part of a section or
provision of any section to be void, ineffective or unconsti-
tutional for any cause whatsoever shall in no way affect the
validity of the remaining sections and provisions of this
ordinance, which shall remain in full force and effect.
The city Council would not have passed any section, parts of
sections or provisions of any section of this ordinance that
-57--
were void or ineffectjve if it. had
that they were unc,,onstitut,ional, void or, ineffective at the
time, of adopting this or'dinance,,
SE(-rioN 7.
The City Secretax"y is her'eby, directed to engross ')nd
eriroll this ordinance by r,,oj-,yJj�-,q the caption of same in
Lhe Mix�ut-e Bc:)ok of the City Cr:a-,,.incil �irld by filit'lg the
c,,,)mpIc,..',te ordinam,,e i,ri 't'.he app ropriat,e Ox,•dinarice Records
of this City.
SECTION 8.
This ordinance shall be(,,,ome effective and be in full
force and effect from and after the Ist day of May, A. D.
1972, and it is so ordained,
APPR("WED AS TO FORM AND LEGALI'I'Y':
City Attorney
Adopted the 22th day of March A. D. 1972 .
City (?)" Foort Worth, Texas
lw
D n 9 0 Mayor and Ccotn,icil Coninturticatim,'t
DATE EFEREN st CE , miccr. assts
0 NUMBER Minimum Building Standards Ordinance I of 3
3/6/72 G-1937
Minimum Housing Standards Ordinance No. 4381 was adopted in January 1961, and
the Minimum Standards for Dangerous and Hazardous Buildings, (primarily com-
mercial buildings) Ordinance No 5170, was adopted in May 1964.
The Housing Inspection Division of the Neighborhood Improvement Department is
responsible for enf'or°•c;ement'® of the Mininmm Housing Standards Code. This ac,-
tivity is staffed with a Housing Inspection Supervisor and six Housing Coun-
selors, whose duties include surveying designated areas and inspecting vacant
housing, posting substandard atructure notices, investigating substandard
housing complaints, assisting property owners with respect to repairing or
eliminating substandard structures and preparing cases to be brought before
the Housing Standards Commission.
The enforcement of the Miniim.un Standards for Dangerous and Hazardous Buildings
is presently the responsibility of the Building Division, Department of Public
Works. Since no staffing for enforcement bas ever been provided for, this ac--
tivity, inspections to determine the condition of conim.c.,, •cial buildings are
made only on a complaint basis , and such inspection is usually. We by super-
visory personnel. If survey work is assigned other than on a complaint basis,
it generally requires overLime compensation.
The proposed Minimum Building Standards Code which A attached combines thc�
present Minimum Housing Standards Code and the (�cnninercial Building Standards
Code into one uniform code. The proposed ordinsace is based on the Uniform
Building Code, Vol.111 , Housing Code; and the Uniform Building Code, VaLIV, jan-
gerous Building Codej and will be complementary. to the City Bldg, ,Plbg, ,& Elec.
Codes,
Present Housing Standards Division personnel are experienced both in dealing
directly with property owners with respect to substandard buildings and in an-,
forcement procedures. The Housing Counselors, when surveying an area for sub-
standard housing conditions, can include the surveying of substandard commer-,
cial buildings with relatively little additional effort and with improved ef,,
ficiency.
The Department of Housing and Urban Development requires a Certified Workable
Program as one of the criteria for establishing eligibility for Concentrated
Code Enforcement granLS to municipalities. Tye Certified Workable Program re-
quires an updated Housing Code and a Dangerous Building Code based on one of
the nationally accepted codes. The propoaed code will meet this requirement.
A comparison of the major changes in Lhe proposed Minimum Building Standards
Code with the present Minimum Housing Standards Ordinance and the Commercial
Building Standards Ordinance is tabulated as follows:
DATE REFERENCE SUBJECT: PAGE
NUMBER
Hinimum Building Standards Ordinance 2
3/6/72 G-1937
COMPARISON OF CODES
HOUSING PRESEYP p1tOPC1 >i.D
1. Efficience Apartments Not permitted Permitted
2. Time allowed for re., Reasonable time Sixty days , with eaten-
quired repair or dem- lions permitted where ap-
ol.ition propriate
3. Boarding up of build- Boarding up sub- Owner may board up sub-,
ings standard buildings standard building for six
not covered months with permission of
the Commission
4. Minimum ceiling heights 7"6" in all rooms 7"6" in all habitable
of a dwelling rooms and 7" in utility
$" in habitable storage, bathrooms, etc.
rooms of a hotel..
5. Minimum floor area 150 sq. ft. for each At least one room with not
dwelling unit., 100 less than 120 sq. ft.
sq. ft. for each ad- Rooms used for 'Living and
ditional occupant. cooking or living and
Sleeping rooms shall sleeping shall have not
contain 70 sq.. ft. less than 150 sq. ft:.
for one occupant, Sleeping roams shall. have
100 sq... ft. for two not legs than 90 wq. ft:.
occupants, and an The area of every room.
additional. 50 sq.ft. used for sleeping purposes
for each additional shall be increased at the
occupant. Kitchens rate of 50 sq. ft. for
shall contain at each occupant in excess of
least 30 sq. .ft:. two.
6. Screening required Each opening to Each opening used for
outdoo rs shall be ventilation sha'll be
screened screened.
COMCTERCTAL BUILDINGS PRESENT n .; D
.�. �, PR O f�.1,r. ..,
1. Time allowed for re- Reasonable time Commence within 60 days
quired repair or demo after notification
lition
2. Boarding up of build- No provision May be boarded up six
ings months with permission of
Commission
REFERENCE SUBJECT� PAGE
DATE NUMLYER
Minimum Building at Ordinane 3 3
3/6/72 G-1937 e . .....— of
iENEIR&L WAKE
1. Appeals Board or A Minimum Housing Consolidate two cortunis-,
Commission Standards Commission sions into one Building
and a Commercial Standards Commission,
Building Standards
Board
2. Public financing of No provision If City funds are avail-
required repairs able, repairs may be male
with owner's permissiod
with cost to be charjll
against property
The proposed Code provides for the establishment of one Commission to hear ap-
peals from property owners of both substandard housing and substandard comyr-
cial buildings. It is felt that two Commissions are not warranted and therf
will be a savings in time required in providing staff assistance fore the Com-
mission P inasmuch as the number of hearing dates would be reduced. The Buitd-
ing Standards Commission proposed by the new Ordinance consists of nine mempers;
five members are to be selected at large, and four members "who shall have spec-
ial skills related to the building construction industry as follows:
1. Architect
2. Hame Builder
3. General Building Contractor,
4. Structural Engineer
The broader base and varied skills of the proposed commission provide morn
pertise in dealing with problems of substandard structures. Commissi3On �,e r s
shall select a chairman and will serve two year staggered terms.
The Home BuiLders Association, the Home Repair Council, the Human Relations
Commission, and the Housing Standards Commission have reviewed and endorsed
the .proposed Code.
Rtjomme nd alla
!__111
It is recommended that the Minimum Building Standards Code be approved and (he
I City Secretary be authorized to publish this Ordinance in book or pamphlet
form for general use by the public.
RNL:mhg
Attachment
SUMMED BY: PROCYISED BY
VrIMER MEMMSE)
APPROVED
6 cif1'SECRETARY
arm DATE
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L ,Lhda�°(ALL
CITY MANAGER
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