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HomeMy WebLinkAboutOrdinance 18473-02-2009ORRDINANCE NUMBER 18473-02-2009 AN ORDINANCE AMENDING THE FORT WORTH BUILDING CODE, BY PROVIDING FOR A CHANGE IN THE MEMBERSHIP OF THE CONSTRUCTION AIVD FIRE PREVENTION BOARD OF APPEALS PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE PROVIDING A SEVEF',~ABILITY CLAUSE PROVIDING A SAVINGS CLAUSE, PROVIDING FOR PU:iBLICATION IN PAMPHLET FORM, PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the CCrty Council implemented a sunset review process to study the efficiencies, continued ne~,ed, overlap and duphcahon of the City of Fort Worth s vanous boards and commissions, and WHEREAS, the Sunset Review Office found that the membership of the Construction and Fire Prevention Board of Appeals should be reduced to mne (9) regular members which is similar to membership of the ma~onty of the Crty's other boards and commissions, and WHEREAS, witl~i the Sunset Review recommended that. the City Council amend the membership makeup of the Construction and Fire Prevention Board, reducing its numbers from eleven (1 ljl with three (3) alternates to mne (9) with two (2) alternates, and WHEREAS, the Crty Council concurs with the recommendation of the Sunset Review Office; and WHEREAS, rt is advisable to amend Section 7-47 of the Code of the City of Fort Worth Section 112 `Con'struction and Fire Prevention Board of Appeals" to reduce the number of regular memb6:rs and alternates, NOW THEREFjORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT V,VORTH, TEXAS, AS FOLLOWS SECTION 1 Section 7-47 of ~~the Code of the Crty of Fort Worth (1986) is amended by replacing the current Section 112 as follows 1 SECTION 112 CONSTRUCTION AND FIRE PREVENTION BOARD OF APPEALS 112 1 General. The City Council finds that there is a need to provide .the citizens of the City of Fort Worth, Texas, with safe, affordable, and well constructed housing, commercial buildings and other structures m which these citizens can work, play and live. It is the specific intent of the Crty Council that standards for construction and fire prevention be used for the welfare and safety of the City's citizens. The City Council finds that construction and fire prevention standards change from time to time and that these standards should stay current with modern practices of construction and fire safety In carr}nng out these purposes, it is the intent of the City Council that such construction and fire prevention standards be adopted as outlined herein and that a Construction and Fire Prevention Board of Appeals be given cognizance over matters pertaining thereto It is the intent of the Crty Council that compliance with the construction and fire prevention standards contained herein is the responsibility of the citizens and business to which they apply and that neither the Construction and Fire Prevention Board of Appeals nor the City of Fort Worth, its officers, agents and employees, shall be liable or responsible for any errors or omissions arising out of the enforcement or failure to enforce these standards. 112.2 Creation of Board. The Crty Council hereby establishes a Construction and Fire Prevention Board of Appeals (the Board) for the purpose of determining the acceptability and adequacy of materials, equipment, and methods of construction, hearing appeals of interpretations by designated officials, consideration of variance requests, and other designated authority as listed herein or elsewhere m the Crty Code. The Crty Council shall adopt construction and fire prevention standards which will be applicable throughout the City Construction and fire prevention standards shall include but not be limited to the Building Codes (Building, Energy Residential, Electrical, Mechanical and Plumbing Codes), the Minimum Building Standards Code, the Sign Code, and the Fire Codes as maybe adopted by the City Council and amended from time to time. 112.3 Composition of Board, Appointment of Members. The Board shall consist of nine (9) members, with two (2) alternate members, to be appointed in the following manner Place 1 Architect -Nominated by the Fort Worth Chapter of the American Institute of Architects Place 2 Engineer (with Mech/Elec/Plum, or structural background) - Nominated by the Fort Worth Branch of the Texas Society of Professional Engineers 2 Place 3 Fire Protection Engineer or F><re Protection Profess><onal - Nommated by the Crty Manager Place 4 Bu>lding Owner or Manager -Nominated by the Building Owners and Managers Assoclat><on of Fort Worth Place 5 General Contractor -Nominated by the Fort Worth Chapter of the Associated General Contractors Place 6 Permit Master Electrician -Nominated by the Crty Managerl Place 7 Permit Master Plumber -Nominated by the Crty Managerl Place 8 HVAC contractor -Nominated by the City Manager3 Place 9 Home Builder -Nominated by the Fort Worth Home Builder's Assoc><ahon At large Alternates Place 10 Engineer (with Mech/Elec/Plum, or structural background) - Nommated by the Fort Worth Branch of the Texas Society of Profess><onal Engineers If unable to fill with these qual>ficata,ons, may also be a F><re Protection Engineer or professional, preferably with Hazardous Materials experience, nominated by the Crty Manager Place 11 Architect - Nom>ated by the Fort Worth Chapter of the American Institute of Architects Before forwarding ndation to City Council, the City Manager shall allow for nments from the local chapters of National Electrical Contractors Association rid Independent Electrical Contractors Association rig ny objections the recommendation. Before forwarding ndation City Council, the City Manager shall allow for from the local chapter of Plumbing- Heating-Cooling Contractors Association erning ry objections to the recommendation. Before forwarding recommendation City Council, the City Manager shall allow for nments from the local chapters of Air Conditioning Contractors of America rid Refrigeration Service Engineers Society erring ny objections the ndation. The City Manager shall appoint members, or alternate members, to the Board from t><me to time subject to the consent of the Crty Council. If nominations are not rece><ved from nominating organizat><ons within 45 days of the date when requested, the City Manager may entertain nominations from other sources. Whenever any reference to the Building Code Board of Appeals, the Electrical Board, the Mechanical Board, or the Plumbing Board ;<s made m any ordnance adopted prior to this ordinance, such reference shall be deemed to refer to the Construct>on and 3 Fire Prevention Board of Appeals as created herein. All members, upon being sworn in, shall become officers of the City of Fort Worth. Members must be citizens of the Crty of Fort Worth. 112.4 Terms of Members. Members, and alternate members, shall serve two year terms. Members, and alternate members, appointed to odd numbered places shall serve terms which expire October 1 of odd numbered years. Members, and alternate members, appointed to the even numbered places shall serve terms which expire October 1 of even numbered years. No member or alternate member shall serve more than a total of three consecutive two-year terms. After a break m service of at least two years, a member or alternate member may again be eligible to serve. Members, and alternate members, shall serve until their successors are appointed. 112.5 Successors, Removal from Office. Should any member or alternate member of the Board die, become unable to act for any reason, resign or be removed for cause, as hereinafter provided, the City Manager shall appoint a successor to fill the unexpired term or to serve until a new member or alternate member can be duly appointed. An alternate member shall automatically move to fill a vacant member position of the same category provided he has not exceeded the totally number of years allowed to serve. The City Council may remove any member or alternate member of the Board during the term of which he may be appointed. The action of the Crty Council m such matters shall be final. 112.6 Compensation of members. All members, and alternate members, shall serve without compensation, except for reimbursement for authorized expenses attendant to the performance of their duties. 112.7 Ex-Officio Members. The Building Official and the Fire Chief or their designated representatives shall be ex-officio members of the Board. The Building Official shall serve as the Secretary of the Board. The Secretary will submit a report by October 31 of each year which shall contain an overview of the past fiscal year's operation. 112.8 Meetings, Quorum. All meetings of the Board shall be open to the public as provided by law The Board shall hold meetings as regularly scheduled, unless canceled, and at such time and place as called by the Chairman or one lawfully acting in that capacity Six (6) members of said Board shall constitute a quorum to transact business. Every matter before the Board for vote shall require for final passage the affirmative vote of a majority of the members present and voting; except that variances shall require the affirmative vote of five (5) members to grant a variance. Members present, including the Chair shall vote unless required to abstain due to conflict of interest. 4 As At large alternates, alternate members may fill m for any absent member or vacant position. The Chair may determine which alternate may substitute at any particular meeting, giving fair rotation between alternate members. The chosen alternate shall serve for the entire meeting. Alternate members may participate m discussions, but may not vote or be counted as part of the quorum, except that when filling m for a vacant position, m the absence of any other member or when any other member is required to abstain, the designated alternate member maybe counted and allowed to vote in that members place. Ex-officio members may not vote and do not count toward a quorum. 112.9 Hearing. The Board shall fix a reasonable time for the hearing of an appeal and shall give notice of said heanng m writing to the parties m interest. Parties may appear before the Board in person, by agent or by attorney The Board may require additional data and tests necessary for adequate decision of the appeal. The Board shall notify the appellant of its decision. 112.10 Bylaws. The Board shall hold an organizational meeting m October of each year or as soon as possible thereafter at which time rt shall elect a Chairman and Vice-Chairman before proceeding to other matters of business. Alternate members may not serve as Chairman or Vice-Chairman. The Board shall establish its own rules of procedure and shall amend them from time to time as it deems necessary 112.11 Agenda and Records. The agenda for the Board shall be prepared by the Secretary and shall be posted as required by law All records and evidence pertinent to any appeal shall be transmitted to the Board prior to the heanng by delivery to the Secretary Records of all appeals shall be kept in the office of the Building Official. The Building Official shall transmit copies of appeal records to the Fire Chief. 112.12 Right of Appeal. Any person, firm, company or corporation aggrieved by a decision or order of the designated code official or Fire Chief may appeal such decision or order to the Board if rt falls wrthm the Board's authority Every appeal must be filed m writing on the form provided by staff with the Secretary wrthm thirty (30) days from the date of the decision or order appealed from. The Board shall not consider any appeal that is filed after the thirty (30) day period. Such appeal shall contain appropriate reference to the decision or order appealed from, as well as the grounds for the appeal. At the time of filing an appeal, the appellant shall pay anon-refundable appeal fee as set forth in Table No 1 B EXCEPTION The fee will not be required for those applicants meeting exceptions 1 2 or 3 of Section 108.2 1 5 112.13 Authority and Power The Board shall have no authority relative to the administrative provisions of any of the codes under its purview The Board shall have the authority and power to 1 Hear appeals on interpretations by the Building Official on the Building Codes (Building, Energy Residential, Electrical, Mechanical and Plumbing Codes) The Board may modify m whole or m part or may affirm the interpretation of the designated official. No interpretation shall be heard by the Board until the designated official has rendered a written interpretation. It shall be incumbent upon the designated official to render a written interpretation wrthm thirty (30) days of receipt of written request. 2. Hear appeals on interpretations by the Fire Chief on the Fire Code. The Board may modify m whole or m part or may affirm the interpretation of the Fire Chief. No interpretation shall be heard by the Board until the Fire Chief has rendered a written interpretation. It shall be incumbent upon the Fire Chief to render a written interpretation wrthm thirty (30) days of receipt of written request. 3 Approve alternate methods of construction and fire prevention where rt is impractical to meet the adopted construction and fire prevention standards, provided that the Board finds the same degree of suitability strength, effectiveness, fire resistance, durability sanitation and safety exists m the alternate method as intended by the standards. 4 Approve new methods of construction and fire prevention not covered by the construction and fire prevention standards, provided that the Board finds the same degree of suitability strength, effectiveness, fire resistance, durability sanitation and safety exists in the new methods as intended by the standards. The Board, in approving new materials and processes, shall rely upon recognized standards or practices. 5 Determine the acceptability and adequacy of materials, equipment and methods of construction of signs. Hear appeals on interpretations by the Building Official on the Sign Code of the Crty of Fort Worth. The Board may modify m whole or m part or may affirm the interpretation of the Building Official. No interpretation shall be heard by the Board until the Building Official has rendered a written interpretation. It shall be incumbent upon the Building Official to render a written interpretation wrthm thirty (30) days of receipt of written request. 6 At the request of staff or the Board, review all technical amendments to the Minimum Building Standards Code of the City of Fort Worth. Hear appeals on interpretations by the designated official on sections of the Minimum Building Standards Code that are designated as Building, Residential, Electrical, Mechanical, Plumbing or Fire Code related. The Board may modify m whole or m part or may affirm the interpretation of the designated official. No interpretation shall be heard by the Board until the designated official has rendered a written interpretation. It shall be incumbent upon the designated official to render a written interpretation within thirty (30) days of 6 receipt of written request. 7 Grant variances to the non-administrative provisions of the Building Codes (Building, Residential (except Chapter 11 `Energy"), Electrical, Mechanical and Plumbing Codes) sections of the Minimum Building Standards Code that are designated as Building, Residential; Electrical, Mechanical, Plumbing or Fire Code related, the Fire Code; and the Sign Code, when m the opinion of the Board, and based upon the presentation of valid data, the applicable provisions are unreasonable and/or unrealistic to a particular site, building or structure. The Board shall use its good judgment in granting such variances, balancing the code requirement to protect life, health, structural safety and the reasonableness of the requirement. It shall take the affirmative vote of five (5) members to grant a variance. 8 Grant extensions of Certificates of Occupancy for Temporary Buildings, as specified m Section 107 9 The Board may review from time to time the provisions of the respective codes and recommend any necessary changes and/or improvements to the City Council. This review shall include consideration of suggestions from industry or the public at large which shall be obtained by means of open hearing as well as through the regular channels. The Board may make recommendations to the City Council for amendments to standards as needed throughout the year 10 Hear appeals for revocation or denial of licenses or registrations, or the denial of permit issuance as required by the respective codes. 11 Review the qualification and testing standards of alternate examining Agencies and make advisory recommendations to the Building Official as authorized m the Electrical Code. 12 Establish and review criteria for electrical license reciprocal agreements with other cities. Approve, reject or discontinue such agreements m accordance with the Electrical Code. 112.14 Enforcement. The Building Official and Fire Chief shall enforce and execute all legal decisions and orders of the Board for which they are respectively responsible. 112.15 Stay of Proceedings. An appeal to the Board shall stay all proceedings m connection with the decision or order appealed from, unless and until the Building Official or Fire Chief shall have certified to the Board after notice of appeal has been filed that a stay would cause hazard to life or property Any work done contrary to the order of the Building Official or Fire Chief after filing an appeal hereunder pending the determination of such appeal, shall be subject to nullification should the order be affirmed and may not be considered by the Board as mitigating or extenuating circumstance. 7 112.16 Court Review A person, firm, company or corporation aggrieved by a decision or order of the Board may present to a District Court a petition, duly verified, setting fourth that such decision is illegal, m whole or m part, specifying the grounds of illegality Such petition shall be presented to the Court within ten (10) calendar days after the date of the decision of the board. SECTION 2. This article shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this article are m direct conflict with the provisions of such ordinances and such Code, m which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3 It shall be unlawful for any person to erect, construct, enlarge, alter repair move, improve, remove, convert, demolish, equip, use, occupy or maintain any building or structure m the Crty or cause the same to be done contrary to or m violation of any of the provisions of this Code. 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 4. It is hereby declared to be the intention of the Crty 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 final decree of any court of competent jurisdiction, such voidness, ineffectiveness, or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation m this ordinance of any such void, ineffective, or unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 5 This ordinance constitutes a digest and revision of the Building Code of the Crty of Fort Worth, as provided m Section 2, Chapter XXV and Section 9 Chapter XXVII, of 8 the Charter of the City of Fort Worth. The Development Department of the City of Fort Worth, Texas, is hereby authorized to publish this ordmance m pamphlet form for general distribution among the public, and the operative provisions of this ordmance, 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 6. The City Secretary of the City of Fort Worth, is hereby directed to publish the caption, penalty clause, and effective date of this ordinance for two (2) days 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 7 This ordinance shall take effect after adoption and publication as required bylaw APPROVED AS FORM AND LEGALITY ~~~~ Assistant City Attorney Adopted. February 10, 2009 Effecttve• 1 5-09 9 City of Fort Worth, Texas Mayor and Council Communication m a COUNCIL ACTION: Approved on 2/10/2009 - O`rd. No. 18473-02-2009 .M,. DATE Tuesday February 10 2009 REFERENCE NO G-16448(Revised) LOG NAME 06BOARDSUNSET2 SUBJECT Adopt Ordinance Amending the Membership of the Construction and Fire Prevention Board of Appeals as Recommended by the 2008 Sunset Review RECOMMENDATION It is recommended that the City Council adopt the attached ordinance to amend the membership of the Construction and Fire Prevention Board of Appeals reducing its membership from eleven members and three alternate members to nine members and two at-large alternate members effective February 28 2009 DISCUSSION As recommended by the 2008 Sunset Review of Boards and Commissions the attached ordinance will reduce the number of positions on the Construction and Fire Prevention Board of Appeals Currently there is an alternate Master Electrician and alternate Master Plumber and an alternate HVAC contractor position This proposal will eliminate these positions The Board currently has two Architect positions and two Engineer positions This proposal will convert the second Architect position and second Engineer position to at-large alternates As at-large alternates these positions will be able to fill in for any vacancy increasing the potential of obtaining a quorum To further increase the pool of applicants staff has broadened one of the engineer positions to allow for a Fire Protection Engineer or professional preferably with Hazardous Material experience if a standard engineer cannot be found All of the revised positions except one is filled as approved by other Council action Approval of this M&C and ordinance will reassign the positions as follows Place Current Revised Board Position Incumbent Board Position 1 Architect Architect Mr Carl Harkins serving his third term to expire October 1 2009 2 Engineer Engineer Mr Allyn Hector with this action will be serving second term to expire October 1 2010 3 Fire Protection Fire Protection Mr Tom Lewis, serving his first term to expire October 1 2009 4 Architect Building Owner/Manager Ms Sheila Bessent, serving her first term to expire October 1 2010 General Contractor Mr David Ritz, serving his second term to Logname 06BOARDSUNSET2 Page 1 of 2 5 General Contractor expire October 1 2009 6 Building Master Electrician Mr Gary Jones serving his second term to Owner/Manager expire October 1 2010 Master Plumber Mr Mike Callan moving here from the former 7 Engineer Alternate Plumber position serving his second term to expire October 1 2009 8 Electrical HVAC Contractor Mr William Carson serving his first term to expire October 1 2010 9 Plumbing Home Builder Mr Bob Madeja serving his first term to expire October 1 2009 10 HVAC Alternate Engineer (Vacant) 11 Home Builder Alternate Architect Mr Joel Weland with this action will be serving his second term to expire October 1 2009 12 Alternate Electrical Eliminated 13 Alternate Plumbing Eliminated 14 Alternate HVAC Eliminated It is recommended that this action be effective February 28 2009 to allow the Board to clear all issues from the February Board meeting and prior to starting issues for the March 2009 meeting FISCAL INFORMATION /CERTIFICATION The Financial Management Services Director certifies that this action will have no material effect on City funds FUND CENTERS TO Fund/Account/Centers CERTIFICATIONS Submitted for City Manager's Office b~ Originating Department Head Additional Information Contact: FROM Fund/Account/Centers Fernando Costa (6122) Susan Alanis (8180) AI Godwin (7825) Logname• 06BOARDSiJNSET2 Page 2 of 2