HomeMy WebLinkAboutOrdinance 18459-02-2009ORDINANCE NUMBER 18459-02 2009
AN ORDINANCE AMENDING THE FORT WORTH BUILDING CODE AND
RESIDENTIAL CODE, BY AMENDING SECTIONS 7-47 AND 7-62 OF THE CODE
OF THE CITY OF FORT WORTH (1986), TO CORRESPOND WITH
AMENDMENTS BEING PROPOSED TO THE FIRE CODE FOR ALARMS, SMOKE
AND HEAT VENTS, ELECTRONIC LOCKS, EXISTING BUILDINGS AND
UPDATING REFERENCED STANDARDS PROVIDING FOR A SEVERABILITY
CLAUSE, PROVIDING FOR 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
City Code, Section 7-47 Amendments" paragraph (b), `2003 International Building
Code is amended by changing the following sections as noted.
*IBC Section 903.1.1, change to read as follows.
[F] 903.1 1 Alternative protection. Alternative automatic fire-extinguishing systems
complying with Section 904 shall be permitted m hea-ef addition to re wired automatic
sprinkler protection where recognized by the applicable standard and approved by the
fire code official.
*IBC Section 903.2.8.4, add to read as follows.
903.2.8.4 Self-service storage facility An automatic sprinkler system shall be installed
throughout all self-service storage facilities. The minimum sprinkler system design shall be
based on an Ordinary Group II classification, in accordance with NFPA 13 requirements.
Exception One story self-service storage facilities, that have no interior corndors,
with cone-hour fire barrier wall installed between every storage compartment.
*IBC Section 903.2.10.3. change to read as ollows.
903.2.10.3 Buildings over 55 feet in height. An automatic sprinkler system shall be
installed throughout buildings with a floor level, other than penthouses m compliance with
Building Code Section 1509, ~~__~_~~- ~~ ~~~~•„~~* ~~~a ~~~~ ~ that is located 55 feet
(16 764 mm) or more above the lowest level of fire department vehicle access.
Exceptions
1 ~,°~* ,. „+~°~ *°..,°~~. (delete)
2 Open parking structures with no other occupancies above and in compliance with
Section 406.3
3 n,.,.,, ° ., r_~ ~ ~ ''. (delete)
vvvuN"
IBC Section 903.3. S, add a second paragraph to read as follows
Every fire protection system shall be designed with a 5 psi safety factor Reference Fire Code
Section 508 4 1 for water supply test date and information requirements.
*IBC Section 903.4.2, change to read as ollows.
[F] 903.4.2 Alarms. Approved ~e sprinkler water flow alarm devices shall be
connected to every automatic sprinkler system. Such sprinkler water flow alarm devices
shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest
orifice size installed m the system. Alarm devices shall be provided on the exterior of the
building m an approved location. Where a fire alarm system is installed, actuation of the
automatic sprinkler system shall actuate the building fire alarm system.
The alarm device required on the exterior of the building shall be a weatherproof horn/strobe
notification appliance with a minimum 75 candela strobe rating installed as close as
practicable to the fire department connections. Adjacent to the alarm shall be a sign which
states.
`WHEN ALARM SOUNDS, CALL FORT WORTH FIRE DEPARTMENT 9-1 1
{insert address}
and which contains the address of the property as indicated on the Certificate of Occupancy
The sign shall consist of red letters of 1 inch minimum height on a white reflective
back ound.
*IBC Section 907.9.1, exception 1 changed and a new exception 3 added to read as
ollows.
Exceptions 1 Visible alarm notification appliances are not required in
alterations, upgrades or replacement of ~ceYt v:l:ere a:• ens°*•~~- ~~° ~~~~~•~•
"~~a°a °~ ~°M'~°°a, °~ °••~ a fire alarm system unless the on orally installed
system required visual notification ~.
2 Visible alarm notification appliances shall not be required m exits as
2
defined m Section 1002 1
3. Visual alarm notification appliances shall not be required in Group I 2
operatm~ rooms.
*IBC Section 909.18.8, change to read as follows.
[F] 909.18.8 Special inspections for smoke control. Smoke control systems shall be tested
m accordance with this section and as directed by the fire code official ~y ~ ~ °^~°~ ,~~,..°^*^~
*IBC Section 910.3.1.2, add a second para~ph to read as follows
The automatic oyeratin~ mechanism of the smoke and heat vents shall overate at a
temperature ratm~ at least 100°F greater than the temperature ratm~ of the syrinklers
installed.
*IBC Section 1008.1.3.4, changed to read as follows.
[F] 1008.1.3.4 Access-controlled egress doors. Devices that restrict or control access or
exiting through the use of an electrical or electronic means shall be permitted to be installed
m accordance with this section, Section 1008 1 9 and Section 403 12 An Access Control
Permit is required from the Fire Department (See Fire Code Section 105)
[F] 1008.1.3.4 1 General. Electronic locking devices installed m such a manner that the
method of unrestricted exiring relies upon electricity or electronics instead of mechanical
means shall comply with this section. Ail equipment shall be listed or approved for the
intended application.
Access to exits, even ninon-fire situations, shall be available to all individuals,
.even those individuals that are considered as unauthorized. Door release
mechanisms shall be made available.
Exception. Locations for occupants needing self protection because of reduced
mental capacities, or as otherwise approved by the fire code official.
2 Automatically release upon activation of the fire alarm system, if provided. The
control devices shall remain unlocked until the system has been reset.
Automatically release upon loss of electrical power to the building or to the
electronic device. Locking mechanisms shall not be provided with emergency
backup batteries.
[F] 1008.1.3.4.2 Door release mechanisms. Only one action shall be required to release
the door One of the following release methods shall be utilized
1 Provide an electronic release bar Such bars shall be installed so that pushing on
the bar will provide egress. Bars shall be the positive latching type, or as approved
by the fire code official These devices shall comply with Section 1008 1 9 and
shall be located 34 to 48 inches above the finished floor
2. Provide a motion detector Upon detection of an approach, the device will
automatically unlock the secured door When using a motion detector an exit
button, that meets the requirements of this section, shall also be installed in case
of failure of the motion detector device.
Provide an exit button. When operated, the exit button shall result m direct
interruption of power to the locking device, independent of the access control
system, for a minimum of 10 seconds. Exit buttons shall be red or green in color
square or round, and at least 1 3/ inch m size. They shall be located forty (40) to
forty-eight (48) inches vertically above the floor and within two (2) feet of the
related door or as approved by the fire code official. A sign shall be located
directly adjacent to the button with the words `Push to Exit" having minimum 1
inch high red lettering on a white background. If the exit button is labeled
`Exit" or `Push to Exit" an additional sign is not required
Exceptions.
1 When approved by the fire code official, an emergency pull box or a break
glass emergency pull box maybe located adjacent to the door to activate the
release m an emergency This box shall be easily identifiable, contrasting with
any other box m the area, and located forty (40) to forty-eight (48) inches
vertically above the floor and within two (2) feet of the related door or as
approved by the fire code official. An approved sign shall be adjacent to the
box with an appropriate message such as `Pull to Open Door" or `Break Glass
to Open Door" having minimum 1 inch high red lettering on a white
background. Momentary or latching, devices must directly interrupt power to
the locking device, independent of the access control system for a minimum of
10 seconds.
2 When approved by the fire code official, a means of two-way communication
to an on-site twenty-four (24) hour security center may be provided adjacent to
the secured door The communication device shall be located forty (40) inches
to forty-eight (48) inches vertically above the floor and within two (2) feet of
the related door or as approved by the fire code official. The security center
must be able to remotely unlock the door immediately The two-way
communication circuit shall be supervised as defined m the Fire Code. An
approved sign shall be adjacent to the communication device with an
appropriate message such as `Call Security to Open Door" having minimum
4
1 inch high red lettering on a white background. Failure of the supervising
communication circuit shall immediately notify the security center and the
related door shall remain unlocked until the means of communication is
repaired.
3 When approved by the fire code official, a control for unlocking the door may
be provided at the nurse station and a release method, such as a keyed control,
control pad, or card reader is provided at the secured door Such devices shall
be located forty (40) inches to forty-eight (48) inches vertically above the floor
and within two (2) feet of the related door or as approved by the fire code
official. This is allowed only for the hospital wing related to the nurse station
m a Group I occupancy having complete automatic fire sprinkler protection.
[F] 1008.1.3.4.3 Delayed egress locks. Delayed egress locks shall not be installed. (If
time delay is approved as a variance, compliance with Fire Code Section 907.2 15 and
Building Code Section 1008 1 8 6 shall also be required.)
*Section 3417.2, changed to read as follows.
[F] 3417.2 Fire Alarms/Smoke Detectors. Regardless of the date of occupancy approved
fire alarms/smoke detectors shall be provided in accordance with Sections 907.3 and 907.21
of the Fire Code.
*Section 3425.1.4, changed to read as ollows.
[F] 3425.1.4 Single-station smoke detectors. See Sections 907.3 and 907.21 of the Fire
Code.
*Section 3425.1.11, changed to read as ollows.
[F] 3425.1.11 Unlocked stairway doors. Exit doors into exit stairway enclosures shall be
maintained unlocked from the stairway side on at least every incremental fifth floor level and
bear a sign stating ACCESS ONTO FLOOR THIS LEVEL. All other stairway doors into
the related exit stairway enclosure maybe mechanically or electrically locked from the
stairway side. Approved key box required by Section 506 1 of the Fire Code shall contain
keys to all stairway doors for Fire Department access.
Exception. Stairway doors maybe locked, subject to the following conditions.
1 All stairway doors that are to be locked from the stairway side shall have the
capability of being unlocked simultaneously without unlatching upon a signal
5
from the Fire Command Center or an approved location.
2 A telephone or other two-way communications system connected to an approved
emergency service that operates continuously shall be provided at not less than
every fifth floor m each required stairway
3 Approved key box required by Section 506 1 of the Fire Code shall contain keys
to all stairway doors for Fire Department access.
*Section 3425.1.25, changed to read as follows
[F] 3425.1.25 Emergency plan. The management for all buildings shall establish and
maintain a written fire and life safety emergency plan in accordance with Section 404 of the
Fire Code that has been approved by the fire chief.
*Section 3425.1.27, changed to read as follows.
[F] 3425.1.27 Fire drills. The management of all buildings shall conduct fire drills for their
staff and employees in accordance with Section 405 of the Fire Code. A wntten record of
each drill shall be maintained m the building management office and made available to the
fire department for review
*Section 3425.2, changed to read as ollows.
[F] 3425.2 Sprinkler Alternatives. The requirements of Table 34-A maybe modified as
specified by the following for existing high-rise buildings of Type I (I A), II F.R.(I B), II
One hour (II A), III One hour (III A), IV or V One hour (V A) construction when an
approved automatic sprinkler system is installed throughout the building m accordance with
Section 903.3 1 1
Item 5-Manual fire alarm system shall not be required.
Item 6-Occupant voice notification system shall not be required, however if the
building is equipped with a public address system, the public address system shall
be available for use as an occupant voice notification system.
Item 7 Vertical shaft enclosures maybe of nonrated construction for required exit
stairway enclosures. Vertical shaft enclosures of openings m floors provided for
elevators, escalators and supplemental stairways shall not be required, provided
such openings are protected by an approved curtain board and water curtain
sprinkler system, as per NFPA 13 requirements.
6
Item 8-Protection of openings in vertical shaft enclosures may be nonrated but shall
not be less than a 1 3/4-inch (44 mm) solid- wood door or the equivalent thereto
Doors shall be either self-closing or automatic closing and automatic latching.
Item 12-Stair shaft ventilation shall not be required.
Item 16-Existing corndor construction need not be altered.
Item 17 Door openings into corndors may be protected by assemblies other than those
specified m Section 3425 1 provided an effective smoke barrier is maintained.
Closing and latching hardware shall be provided. Protection of duct penetrations
is not required.
Item 19-The length of existing corndor dead ends shall not exceed the limits allowed
by Sections 3425 1 19 or 1016.3 whichever is less restrictive.
Item 20-Interior finish in means of egress maybe reduced by one classification but
shall not be less than Class C
*Section 3425.3, changed to read as, ollows.
[F] 3425.3 Basements or Stories. An approved automatic sprinkler system shall be provided
m basements or stories exceeding 1,500 square feet m area and not having a minimum of 20
square feet of opening entirely above the adjoining ground level m each SO lineal feet or
fraction thereof of exterior wall on at least one side of the building. Openings shall have a
minimum clear dimension of 30 inches. Such openings shall be accessible to the fire
department from the exterior and shall not be obstructed in a manner that fire fighting or
rescue cannot be accomplished from the exterior
If any portion of a basement is located more than 75 feet from required openings, the
basement shall be provided with an approved automatic sprinkler system throughout.
7
*Table 34-A, chan;?ed to read as follows.
Table 34-A
Occupancy Classification and Usel
ITEMS REQUIRED Residential All Others
1 No equirements. See Section 3425 1 I
2. No requirements. See Section 3425 1.2
3 Fire department ommunication system adios. See Section 3425 1.3
R R
4 Single-station oke detectors. See Section 907.3
5 Manual fire alarm system. See Section 3425 1 .5
R R
6. Occupant ification system. See Section 3425 l.b
R R
7 Vertical shaft closure walls of -hour fire stance. See Section 3425 1 7
R R
8. Protection of openings al shaft closures by 20-minute ed nblies. See Section 3425 1.8
R R
9 Manual shutoff of HVAC systems. See Section 3425 1 9
R R
10. Automatic elevator recall system. See Section 3425 1 10
R R
11 Unlocked irway doors ery fifth floor See Section 3425 1 11
R R
12. Stair shaft ventilation. See section 3425 1 12
R R
13 Elevator shaft ventilation. See Section 3425 1 13
R R
14 Posting of elevators nded for ng purposes. See Section 3425 114
R R
I S Minimum of two stairways. See Section 3425 l 15
R R
16. Corridor wall struction. See Section 3425 1 16
R R
17 Protected orridor openings with 20-minute ated nblies 1 3/4-inch (44 mm) olid-wood door See
Section 3425 1 17 R NR
18. Corridor doors equipped with elf-closing devices. See Section 3425 118
R NR
19 Comdor dead nds limited 20 feet (6096 nm) maximum. See Section 3425 119
R NR
20. interior finish oiled orridors, stairways nd thereof See Section 3425 1.20
R R
21 Exit irway illumination. See Section 3425 L21
R R
22. Corridor illumination. See Section 3425 1.22
R NR
23 Exit stairway igns. See Section 3425 1.23
R R
24 Exit igns. See Section 3425 1.24
R R
25 Emergency planning. See Section 3425 1.25
R R
26. Posting of •gency structions. See Section 3425 1.26
R R
27 Fire drills. See Section 3425 1.27
R R
R Provisions equired.
NR Provisions are required.
g
*Section 3428.2, changed to add Section 3428 21 to read as ollows
3428.2 Stair Construction. All required stairs shall have a minimum run of 9 inches (229
mm) and a maximum nse of 8 inches (203 mm) and shall have a minimum width of 30
inches (762 mm) exclusive of handrails. Every stairway shall have at least one handrail. A
landing having a minimum 30-inch (762 mm) run m the direction of travel shall be provided
at each point of access to the stairway
Exception. Fire escapes as provided for in this section.
Extenor stairs shall be of noncombustible construction.
Exception. On buildings of Types III, IV and V construction, provided the
extenor stairs are constructed of wood not less than 2 inch (51 mm) nominal
thickness.
f Fl 3428.2.1 Unlocked stairway doors. Exit doors into exit stairway enclosures shall be
maintained unlocked from the stairway side on at least every incremental fifth floor level
and bear a sign statm~ ACCESS ONTO FLOOR THIS LEVEL All other stairway
doors into the related exit stairway enclosure may be mechanically or electncally locked
from the stairway side. Approved key box required by Section 506 1 of the Fire Coe shall
contain keys to all stairway doors for Fire Department access
Exception. Stairway doors maybe locked subject to the following conditions
1. All stairway doors that are to be locked from the stairway side shall have the
capability of being unlocked simultaneously without unlatching upon a signal
from an approved location.
2. A telephone or other two-way communications system connected to an approved
emer~ency service that operates continuously shall be provided at not less than
every fifth floor m each required stairway
3. Approved key box required by Section 506 1 of the Fire Code shall contain keys
to all stairway doors for Fire Department access
*Section 3430, changed to read as follows.
[F] SECTION 3430 BASEMENT ACCESS OR SPRINKLER PROTECTION
An approved automatic sprinkler system shall be provided in basements or stones exceeding
1,500 square feet (139.3 m2) m area and not having a minimum of 20 square feet (1 86 m2)
of opening entirely above the ad~ommg ground level m each 50 lineal feet (15 240 mm) or
fraction thereof of extenor wall on at least one side of the building. Openings shall have a
minimum clear dimension of 30 inches (762 mm) Such openm~s shall be accessible to the
9
fire department from the exterior and shall not be obstructed in a manner that fire fi htmg_or
rescue cannot be accomplished from the exterior
If any portion of a basement is located more than 75 feet (22 860 mm) from required
openings, the basement shall be provided with an approved automatic sprinkler system
throughout.
*Section 3432, chanl?ed to read as follows.
SECTION 3432 SMOKE DETECTORS
[F] 3432.1 See Section 907.3 and 907.21 of the Fire Code.
Chapter 35. Referenced Standards amend the standards listed below to read as
ollows.
American Society of Mechanical
A S ME Engineers
Three Park Avenue
Standard Referenced
eference
ode
umber Title ction umber
A17 1 00 04 Safety Code for Elevators and Escalators with A17 1a-2004 addenda and
A17 1 S Supplement 1007 4 1607.8.13001.2, 3001 4 3002.5 3003.2, 3409 7.2
A17.3 02 Safety Code for Existine Elevators and Escalators with A17 3a-2000 Addenda See Fire Code
National Fire Protection Association
NFPA Batterytnarch Park
Quincy MA 02269-9101
Standard
eference Referenced
ode
umber Title ction umber
I1-9805
t t tino Low- Medium- High-expansion Foam
"""d:..,,,~..a u:
h
-
i
R
S 904 7
13-99 02 g
etr
pans
en
eam
ystems
Installation of Sprinkler Systems. 904
704 12, 707.2, 903.3 1 1903.3.2, 903.3.5 1 1 904 11
907.8, 1621.3 ]0 1 3104.5 3104.9
13D~19 02 Installation of Sprinkler Systems One rid Two-family Dwellings rid
Manufactured Homes 903 1.2, 903.3 1.3 903.3.5 I 1
138-99 02 Installation of Sprinkler Systems Residential Occupancies Up and
Including Four Stories Height .903 1.2, 903.3 1.2, 903.3.5 1 1 903.3.5 1.2, 903 4
14-0A 03 Installation of Standpipe rid Hose System 905.2, 905.3 4 905 4.2, 905.8
15-01 Water Sorav Fixed Svstems for Fire Protection See Fire Code
16-99 03 Installation of Foam-water Sprinkler rid Foam-water Spray Systems 904 7 904 11
17x18 02 Dry Chemical Extinguishing Systems 904.6, 904 1 I
17A-98 02 Wet Chemical Extinguishing Systems 904.5 904 l 1
72-99 07 National Fire Alarm 505 4, 90L6, 903 4.1 904.3.5 907.2, 907.2.1 907.2.1 1 907.2.10,
907.2.10.4 907.2.11.2, 907.2.11.3 907.2.12.2.3, 907.2.12.3, 907 4
907.5 907.9.2, 907 10, 907 14 907 16, 907 17 911 t 3006.5
234018 Rack Storage of Materials (covered in NFPA 13 1 507.2
2001-AA 04 Clean Aeent Fire Extinguishine System 904 10
10
SECTION 2.
Clty Code, Section 7-62, Amendments" paragraph (b), `2003 International
Residential Code" a,s amended by changing the following sections as noted.
Chapter 43. Referenced Standards amend the standards listed below to read as
ollows.
National Fire Protection Association
NFPA Batterymarch Park
Quincy MA 02269-9101
Standard
eference
umber Title
Referenced
ode
coon umber
13-99 02 Installation of Sprinkler Systems.
13D-99 02 Installation of Sprinkler Systems One- rid Two-family Dwellings and
Manufactured Homes
13R-99 02 Installation of Sprinkler Systems Residential Occupancies Up and
Including Four Stories Height
72-99 07 National Fire Alarm
R317 1
8317 1
R317 1
R313 1
Section J3410.2, replace current wording with the following
J3410.2 Fire Alarms/Smoke Detectors. Regardless of the date of occupancy approved fire
alarms/smoke detectors shall be provided m accordance with the ordinance under which they
were constructed, or a,n accordance with Section J3425 whichever ;<s more restrictive.
Section J3425, replace current wording with the following
J3425.1 General. Detectors shall be installed >n accordance with the ordinance under which
they were constructed, or m accordance w>th this Section, whichever ><s more restrictive.
J3425.2 Power Source. Smoke detectors may be battery operated or may receive their
primary power from the building wiring when such wiring a,s served from a commercial
source. Wiring shall be permanent and without disconnecting switches or other than those
required for overcurrent protection.
J3425.3 Location within Dwelling Units. In dwelling units, detectors shall be mounted on
the ce>lmg or wall at a point centrally located m the comdor or area giving access to each
separate sleeping area. Where sleeping rooms are on an upper level, the detector shall be
placed at the center of the ceiling directly above the stairway Detectors shall also be installed
11
in the basements of dwelling units having stairways that open from the basement into the
dwelling. Detectors shall sound an alarm audible m all sleeping areas of the dwelling unit in
which they are located.
J3425.4 Location in Efficiency Dwelling Units-~n~d-14etels. In efficiency dwelling units,
detectors shall be located on the ceiling or wall of the main room. When sleeping rooms
within an efficiency dwelling unit are on an upper level, the detector shall be placed at the
center of the ceiling directly above the stairway When actuated, the detector shall sound an
alarm audible within the sleeping area of the dwelling unit m which it is located.
f Fl J3425.5 Rented or leased residential occupancies. For purposes of this section, the
term dwelling unit shall include the following:
1 All one familyLtwo-family and multi family dwellings, including manufactured
homes.
2 All one-family two-family and multi family dwelling where one or more rooms are
rented for use as permanent residence under a single lease.
(Fl J3425 5 1 Smoke detectors All dwelling units which are currently rented, leased or
sub-leased or are hereafter rented leased, or sub-leased shall be provided with smoke
detectors which meet the requirements of the ordinance under which construction or this
Section whichever is more restrictive Those occupancies which are leased for the first
time or to a new lessee shall have smoke detectors installed prior to occupancy by the
lessee The smoke detectorpurchase and installation shall be the sole responsibility of the
landlord.
f Fl J3425.5.2 Duty to inspect and repair. Upon commencement of a tenant's
possession of a dwelling unit containing a smoke detector the landlord shall have a duty
to test the smoke detector to verify_that rt is m working order. Upon installation of a
smoke detector by a landlord after commencement of the tenant's possession of a
dwellin~`unit the landlord shall have a duty to test the smoke detector to verify that it is
m good working order Documentation verifying com~hance with this provision shall be
submitted to the fire code official upon request.
fFl J3425 5 3 Notice of malfunction. During the term of the rental agreement or any
renewal or extension thereof the landlord shall have a duty to inspect and repair a smoke
detector only if the tenant has given nonce to the landlord of malfunction or has made a
request to the landlord for inspection or repair The notice to the landlord need not be m
writing unless written notice is required m the rental agreement. The landlord shall
comply with the tenant's request for mspechon and reyair within a reasonable time
considering the availability of material, labor and utilities.
fFl J3425 5 4 Cause of malfunction. A landlord shall not have a duty to repair a smoke
detector if the damage or malfunction is caused by the tenant or the tenant's family, guest
or invitee during the term of the rental agreement or any renewal or extension period of
12
the rental agreement. Provided, however a landlord shall have a duty to repair or re lp ace
a smoke detector covered by this subsection if the tenant mays m advance for the
reasonable cost of repair or replacement including labor materials taxes and overhead
f Fl J3425.5.5 Testing. A landlord shall have satisfied the duty to inspect or repair a
damaged or malfunctioning smoke detector if after a test of the smoke detector the test
indicates that the smoke detector is in good working order
f Fl J3425.5.6 Battery replacement. After commencement of possession by the tenant of
a dwelling unit, the landlord shall have no dutYto provide replacement batteries for a
battery operated smoke detector which was in good working order according to a test of
the smoke detector at the time of commencement of possession by the tenant
IFl J3425.5.7 Offense. A person commits an offense if as landlord of a dwellm unit
that erson.
1. Fails to install a smoke detector m compliance with this section or
2. Fails to test or repair a smoke detector m compliance with this section or
3. Allows a dwelling unit to be occupied without obtaimn~ documentation signed by
both the landlord (or his authorized representative) and the tenant yen .ring
compliance with this section. This documentation shall be furnished to the fire chief
on request.
13
SECTION 3.
This article shall be cumulative of all provisions of ordinances of the Code of the City
of Fort Worth, Texas (1986), affecting Building Code and Residential 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 4.
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, meffechveness, 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 m this ordinance of any such
void, ineffective, or unconstitutional phrase, clause, sentence, paragraph, or section.
SECTION 5.
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 6.
All rights and remedies of the City of Fort Worth, Texas are expressly saved as to any
and all violations of the previous Building Code and Residential Code, or any other
ordinances affecting construction and fire safety which have accrued at the time of the
effectwe date of this ordmance• 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 ordmance but may be prosecuted until final disposition by the courts.
14
SECTION 7
The Department of Planning and Development of the Crty of Fort Worth, Texas, is
hereby authorized to publish this ordinance m pamphlet form for general distribution among
the public, and the operative provisions of this ordinance as so published shall be admissible
m evidence m all courts without further proof than the production thereof, as provided m
Chapter XXV Section 3 of the Charter of the City of Fort Worth, Texas.
SECTION 8.
The City Secretary of the Crty of Fort Worth, is hereby directed to publish the caption
and Sections 5 8 and 9 of this ordinance for two (2) days m 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 FORM AND LEGALITY
By. cn~
Assistant Crty Attorney
Adopted. February 3, 2009
Effective 11 ~oprj
] 0-23-08
15
City of Fort Worth, Texas
Mayor and Council Communication
a.~_.
COUNCIL ACTION: Approved on 2/3/2009 -Ord. No~ 18459-02-2009
a~~_. ~ -~ ~ ., _ ~ -.~ - ~ ,~
- ~ - ~ ~~N a. -~
DATE Tuesday February 03 2009 REFERENCE NO G-16447
LOG NAME 06BLDGRES2008
SUBJECT
Adopt Ordinance to Amend the Fort Worth Building and Residential Codes to Correspond with
Amendments to the Fort Worth Fire Code
RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance amending the Fort Worth Building
and Residential Codes to correspond with amendments to the Fort Worth Fire Code
DISCUSSION
The City Council has adopted amendments to the current Fort Worth Fire Code (Fire Code) on January
13 2009 (M&C 16427) To avoid conflict, the Fire Code amendments must be duplicated in the Building
Code and Residential Code
The attached ordinance will replicate the Fire Code's corresponding adjustments to the provisions for fire
sprinklers, alarms electronic locks exit stairways and retroactive provisions.
FISCAL INFORMATION /CERTIFICATION
The Financial Management Services Director certifies that this action has no material effect on City funds
FUND CENTERS
TO Fund/Account/Centers
FROM Fund/Account/Centers
CERTIFICATIONS
Submitted for City Manager's Office bv° Fernando Costa (6122)
Originating Department Head Susan Alanis (8180)
Additional Information Contact: AI Godwin (7825)
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