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HomeMy WebLinkAboutOrdinance 16765-01-2006ORDINANCE NO 16765-01 2006 AN ORDINANCE AMENDING THE FORT WORTH SIGN CODE, BY ADDING STATE OF TEXAS ELECTRICAL SIGN CONTRACTOR LICENSES, AND ADDING REFERENCES TO THE ELECTRICAL CODE, WHICH HAS BEEN AMENDED BY SEPARATE ORDINANCE TO RECOGNIZE LICENSES ISSUED BY THE STATE OF TEXAS, ELIMINATING THE ISSUANCE OF NEW FORT WORTH LICENSES, TERMINATION OF THE RECIPRICAL LICENSE PROVISIONS AND GRANDFATHERING EXISTING FORT WORTH ELECTRICAL LICENSES THAT LICENSE HOLDERS CHOOSE TO KEEP ACTIVE, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY CLAUSE, PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE PROVIDING FOR PUBLICATION IN PAMPHLET FORM, PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER AND PROVIDING AN EFFECTIVE DATE With the implementation of the State of Texas Electrical Licensing program those licenses need to be referenced in our city codes The Fort Worth Electrical License program is now an unnecessary duplication Elimination of the city licensing program is considered a benefit to the trade and a more efficient usage of staff resources Those Fort Worth licenses already issued and kept active in accordance with this ordinance will continue to be grandfathered NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS. SECTION 1. Section 29--1 of the Code of the City of Fort Worth (1986), Section C02, is hereby amended to read as follows. SECTION C02 WHOM PERMITS MAY BE ISSUED TO -WHO MAY DO THE WORK C02.1 W>f~om permits may be issued to. C02.1.1 Non-electrical signs. No permit shall be issued for the erection of a non- electrical sign except to a duly licensed and registered sign erector as provided m Chapter D of this code. 1 Exceptions. An owner may install anon-electrical sign on his own property without meeting the requirements of Chapter D provided that: (1) The non-electrical sign is no more than seven (7) feet to the highest point above grade when mounted m or upon the ground. (2) Anon-electrical sign containing no more than athree-quarter inch thick display panel may be mounted flat against a building provided any trim or portion of the sign does not project more than four (4) inches from the building and provided, further that the sign shall be no larger than thirty two (32) square feet; and (3) Such signs meet the requirements for zoning and structural design. C02.1.2. Electrical signs. No permit shall be issued to any person or contractor to do or cause to be done any work on an electrical sign, except to a person or contractor as listed below 1 A person holding valid a Fort Worth Master Sign License and registered, pursuant to the provisions of Chapter D of the Electrical Code. 2. A State of Texas Electrical Sign Contractor that has a valid Fort Worth registration, pursuant to the provisions of Chapter D of the Electrical Code. C02.2. Who may do the work. C02.2.1. Electrical signs. No person may perform electrical work on signs except as specified m Section C02.2 of the Electrical Code. SECTION 2. Tlns article shall be cumulative of all provisions of ordinances of the Code of the City of Fort Worth, Texas (1986), affecting Sign Code provisions, as amended, and shall not repeal any of the provisions of such ordinances, except m those instances where provisions of such ordinances are m direct conflict with the provisions of this ordinance. SECTION 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared void, ineffective, or unconstitutional by the vahd~udgment or decree of any court of competent jurisdiction, such voidness, ineffectiveness, or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation m this 2 ordinance of any such void, ineffective, or unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 4. Any person., firm, or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be pumshable 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 pumshable as herein provided. SECTION 5. All rights a~1d remedies of the City of Fort Worth, Texas are expressly saved as to any and all violations of the previous Sign Code, or any other ordinances affecting construction and fire safety which have accrued at the time of the effective date of this ordinance and, as to such accrued violations and all pending litigation, both civil and cnmmal, whether pending m court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 6. The Department of Development of the City 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 7 The Crty Secretary of the City of Fort Worth, is hereby directed to publish the caption and Sections 1 4 7 and 8 of this ordinance for two (2) days m the official newspaper of the Crty 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. 3 SECTION 8. This ordinance shall take effect February 5 2006 APPROVED AS TO FORM AND LEGALITY gy. Assistant City Attorney 2 5-06 Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION Approved on 1/19/2006 Ordinance No 16764-01 2006 8~ 16765-01 2006 DATE Thursday January 19 2006 LOG NAME 06ELECT/LICENSE REFERENCE NO *G-15061 SUBJECT Adopt Ordinances Recognizing State of Texas Issued Electrical Licenses and Amendments to Electrical and Sign Codes RECOMMENDATION It is recommended that the City Council adopt the attached ordinances listed in the following items. Adoption of an amendment to the Fort Worth Electrical Code providing for the following changes, a Recognition of State of Texas Electrical Licenses allowing for Electrical permits to be obtained by Texas Electrical Contractors, b Termination of the current Fort Worth Electrical Licensing program testing program and reciprocal city provisions, c. Allowing for the grandfathering of existing Fort Worth Electrical licenses, for individuals wishing to maintain their existing license provided they do not let their Fort Worth license expire for over one year d Providing a registration fee for State of Texas Electrical Contractors and Electrical Sign Contractors that is equivalent to Fort Worth Master Electrician and Master Sign Electrician fees. 2. Adoption of an amendment to the Fort Worth Sign Code providing for the following changes a. Recognition of State of Texas Electrical Sign Licenses, allowing for Electrical Sign permits to be obtained by Texas Electrical Sign Contractors. b Making reference to the Fort Worth Electrical Code for the remaining provisions associated with electrical sign licenses DISCUSSION After years of effort, the State of Texas has created an Electrical licensing program The two attached ordinances will recognize those licenses for electrical and electrical sign work and the obtainment of permits The City of Fort Worth will discontinue its license issuance program However it will grandfather those individuals who wish to maintain their Fort Worth license provided they do not let it expire for more than one year With the State of Texas program many Fort Worth licensees will elect to roll over their city license to a State license As such it is expected that they will stop renewing their Fort Worth licenses. The loss of revenue has been reflected in the Development Department adopted budget. A registration fee will be established for State of Texas Contractors desiring to obtain permits. This follows the same Fort Worth guidelines for State of Texas Plumbers wishing to obtain Fort Worth permits Approval of the attached ordinances will establish an effective date of February 5 2006 http.//www.cfwnet.org/council~acket/Reports/mc~nnt.asp 1 /23/2006 Page 2 of 2 FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that the expected loss of revenue for Journeyman License renewals is predicted to be $43 000 and has been included in the revenue projections of the general fund budget. TO Fund/Account/Centers FROM Fund/AccountlCenters Submitted for City Manager's Office b~ Dale Fisseler (6140) Originating Department Head. Bob Riley (8901) Additional Information Contact: AI Godwin (7825) http.//www cfwnet.org/colau~cil~acket/Reports/mc~nnt.asp 1/23/2006