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HomeMy WebLinkAboutOrdinance 5930 ORDINANCE NO. � AN ORDINANCE AMENDING CHAPTER 29 OF THE FORT WORTH CITY CODE (1964) SO AS TO PROVIDE FOR APPEAL TO THE PLUMBING BOARD FROM DECISIONS OF THE CHIEF PLUMBING INSPECTOR OR THE BUILDING OFFICIAL; AUTHORIZING THE PLUMBING BOARD TO MAKE RULINGS AS TO THE SUITABILITY OF ALTER- NATE MATERIALS AND/OR METHODS OF INSTALLA- TION UNDER SAID CHAPTER; DECLARING THE ENFORCEMENT OF CHAPTER 29 TO BE GOVERN- MENTAL; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES AND PROVISIONS OF THE FORT WORTH CITY CODE IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PRO- VIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Chapter 29 of the Fort Worth City Code (1964) is hereby amended by adding thereto Section 29-9A which shall hereafter read as follows: "Sec. 29-9A. Appeal to Plumbing Board from decisions of the Chief Plumbing Inspector or the Building Official. " (a) Any person, firm, company or cor- poration aggrieved by any decision of the Chief Plumbing Inspector or Building Official under this Chapter may appeal such decision or order to the Plumbing Board as set out herein. " (b) The powers of the Plumbing Board are hereby extended so as to authorize the Plumbing Board to roke reasonable interpreta- tions or rulings in matters properly before it as to the suitability of alternate mate- rials and/or methods of installation under this Chapter. " (c) The appeal procedures shall- be as follows: " (1) TIME. Every appeal must be filed in writing within thirty (30) days from date of the decision or order appealed from and shall be filed in duplicate with the Building Official. Such notice shall contain appropriate reference._ to the decision or order appealed from as well as the grounds of the appeal. It shall be the duty of the Building Official to notify the Chairman of the Plumbing Board of appeals filed. " (2) FEE. At the time of filing an appeal, the appellant shall be required to pay an appeal fee of Twenty-Five Dollars ($25.00) , which fee may be returned to the appellant at the discretion of the Plumbing Board if the appellant is substantially sustained. " (3) RECORD. The Building Official shall transmit to the Plumbing Board all relevant records and data upon which the appeal was taken. " (4) STAY OF PROCEEDINGS. An appeal shall stay all proceedings in connection with the decision or order appealed from unless and until the Building Official shall have certified to the Board after notice of appeal has been filed that a stay would cause hazard to life or property. In such case proceedings pursuant to the decision or order of Building Official shall not be stayed except by order of the Plumbing Board or by a restraining order issued by a court of record of competent jurisdiction. "Any work contrary to the order of the Building Official performed after filing of an appeal hereunder, pending determination of such appeal, shall be performed at appel- lant's risk and shall be subject to abatement should the order be affirmed and may not be considered by the Plumbing Board as mitigating or extenuating circumstances. " (5) HEARINGS. The Plumbing Board shall fix a reasonable time for the hearing of an appeal, giving notice in writing to the parties in interest and shall reach its deci- sion within a reasonable time thereafter. Parties may appear before the Plumbing Board in person, by agents, or by attorney. The Board may require additional data and tests necessary for adequate decision of the appeal. -2- " (6) DECISIONS. The Plumbing Board shall have the power in all cases appealed to it from decision or orders of the Building Official to reverse or affirm or modify in whole or in part, the decision or order appealed from. No decision of the Board shall vary or be inconsistent with the terms, provisions and requirements of this Code. " (7) ENFORCEMENT. The Building Offi- cial shall enforce and execute all decisions and orders of the Plumbing Board. "18) JUDICIAL REVIEW. Within fif- teen (15) days after the entry of any decision or order of the Plumbing Board, any person, firm, company or corporation aggrieved by such decision or order may seek to review the same in a District Court of Tarrant County, Texas. Reviews shall not be extended further than to determine whether the Plumbing Board has exceeded its jurisdiction or abused its discretion. " (9) APPROVAL OF MATERIALS AND METHODS. The Plumbing Board shall have the power to approve alternate and new materials, methods, devices, etc. , in accordance with the appli- cable provisions of this Code." SECTION 2. That Sec. 29-12 (Effect of chapter on liability for damages.) of Chapter 29 of the Fort Worth City Code (1964) is hereby amended and after being so amended same shall hereafter read as follows: "Sec. 29-12. Effect of chapter on liability for damages. "This chapter shall not be construed to affect the responsibility or liability of any party owning, operating, controlling or in- stalling any plumbing for damages to person or property caused by any defect in such plumbing or in the installation thereof, nor shall either plumbing inspector or the city, be held as assuming any liability by reason of the -3- inspection or reinspection authorized in this chapter or the final inspection certificate issued as provided in this chapter or by reason of the approval or disapproval of any equipment. "The regulations provided in this Chapter are hereby declared to be governmental and for the benefit of the general public. Any member of the City Council, any city official or employee or any member of the Plumbing Board charged with the enforcement of this Chapter, acting for the City of Fort worth in the discharge of his duty, shall not thereby render himself personally liable and he is hereby relieved from all personal liability for any damage that nay accrue to persons or property as the result 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 Depart- ment of Law until the final adjudication of the proceedings." SECTION 3. That this ordinance shall repeal every prior ordinance and provision of the Fort Worth City Code in conflict herewith but only insofar as the portion of such prior ordinance or provision shall be in conflict, and as to all other ordinances or provisions of the Fort Worth City Code not in direct conflict herewith, this ordinance shall be and is hereby made cumulative. SECTION 4. That if any section, part of a section or provision of any section of this ordinance shall be held to be void, ineffec- tive or unconstitutional by a court of competent jurisdiction, -4- the holding of such section, part of a section or provision of any section to be void, ineffective or unconstitutional 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 sections, parts of sections or provisions of any section of this ordinance that were unconstitutional, void or ineffective if it had known that they were unconstitutional, void or ineffective at the time of adopting this ordinance. SECTION 5. That the violation of any provision of this ordinance or of any provision of the Fort Worth City Code relating to Plumbing shall be deemed an offense and shall be punishable by a fine not exceeding Two Hundred Dollars ($200) , and each violation thereof and each day that there is a failure to comply with the terms of this ordinance shall be and is hereby deemed to be a distinct and separate offense and punishable as such. SECTION 6. The effective date of this ordinance shall be APPROVED AS TO FORM AND LEGALITY: City Attorney Adopted by the City Council_ '�T Effective .0 WWI City of Fort Worth, Texas LINE Mayor and Council Communication RAHAM DATE REFERENCE BUNECTi Proposed Amendment to City Code PAGE NUMBER Appeal Procedures for Electrical and 418/68 G-1215 Plumbing Boards so1 �. It is proposed to amend Chapters 14 and 29 of the City Code pertaining to the Electrical and Plumbing Codesto provide improved procedures to appeal decisions of the building official and/or the chief electrical and plumbing inspectors. Background The present ordinances contain no clear-cut procedures whereby a citizen may appeal a decision of City plumbing or electrical inspectors in their enforcement of the respective codes. In addition, there is need for a procedure for rulings on new or alternate materials and construction methods. The present ordinances have no pro- visions for recognizing such changes in the building trades industry. The proposed amendments establish procedures for rulings by the appropriate board on such technological changes and amplify present appeal procedures by making them more precise. Copies of the amendment are attached. The Electrical and Plumbing Boards have been consulted about the changes and are in agreement with them. Recommendations It is recommended that the attached ordinance amending Chapter 14 of the Fort Worth City Code relating to appeals to t" Electrical Board and Chapter 29 of the Fort Worth City Code relating to appeals to the Plumbing Board be adopted by the City Council. IiDM:fk Attach. 505 i�0 i (11 SUBMITTED BY: DISPOSITION BY COUNCIL: PROCESSED BY CV10PROVLD4l' Q-CfMLR (DESCRIBE) - CC L CITY SECRETARY DATE CITY MANAGERZZ IZ� z