Loading...
HomeMy WebLinkAboutOrdinance 1595304 li 04P02 Oi RCVD ORDINANCE NUMBER ~ cJ ~ J~/~' AN ORDINANCE AMENDING THE FORT WORTH SIGN CODE, BY AMENDING THE ELECTRICAL PROVISIONS FOR SIGNS TO THE CURRENT ELECTRICAL CODE, BY AMENDING THE STRUCTURAL PROVISIONS TO THE CURRENT BUILDING CODE, PROVIDING FOR REFORMATING OF` THE COMPLETE CODE WITH NO ATTEMPT TO ALTER THE PROVISIONS, 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. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS SECTION 1 Sections 29-1 through 29-138 of the Code of the City of Fort Worth (1986) is repealed and replaced with new sections 29-1 29-2 and 29-3 to read as follows Sec. 29-1 Sign Code. ARTICLE I ADMINISTRATIVE Chapter A Scope SECTION A01 GENERAL A01.1 Title. These regulations shall be known as the 'Fort Worth Sign Code, may be cited as such, and will be referred to herein as 'this code. A01.2 Purpose. (a) Practical Safeguarding. The purpose of this Code is to provide minimum standards to safeguard life or limb health, property and public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation, and maintenance or use of signs, and by regulating and hcensmg those persons who will install or maintain such signs. This code applies to on-premises and off premises signs m the City of Fort Worth and to off premises signs m the extraterritorial ~unsdiction. (b) Adequacy This code contains provisions considered necessary for safety Compliance therev~nth and proper maintenance is expected to result in an installation essentially m compliance with the minimum standards, but not necessarily efficient, convenient, or adequate for good service or future expansion of any sign installation. (c) Intent. This code is not intended as a design specification nor an instruction manual for untrained persons. (d) The purpose of this code is not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefitted by the terms of this code. A01.3. Scope. (a) This provisions of this code shall apply to the construction, alteration, movement, enlargement, replacement, repair equipment, use, location, maintenance and removal of every sign or any appurtenances connected or attached to such sign. The provisions shall also apply to the sign structure. (b) Covered. Signs and sign structures, unless exempted under (c) below shall comply with the provisions of this code, except that all signs and sign structures must comply with the following provisions (1) A04.5 (Unsafe signs declared nuisances, abatement) (2) 3 02 (Temporary signs generally) (3) 3 03 (Cloth signs) (4) 4 Ol (Encroachments m public right-of way• requirements) (5) 4 O1 4 (Removal of encroachments constituting obstruction) (6) 4 02..1 (Traffic location restrictions) (7) 4 02.2 (Traffic location prohibited signs) (8) 4 03 (Prohibited signs) (c) Not Covered. Except for compliance with (b) above, the following signs and sign structures are exempt from the provisions of this code (1) Signs placed on vehicles or trailers, provided, however signs placed on vehicles or trailers that are parked or located for the primary purpose of displaying the sign are prohibited. It shall be prima facie evidence that the primary purpose of a vehicle or trailer is to display a sign if the vehicle or trailer is parked on a site for a continuous period exceeding seventy-two (72) hours (2) Those designed and used for display upon or with lighter and/or heavier than-air crafts, (3) Other than electrical signs, those located inside a building; (4) Those erected by local, state or federal governments, 2 (5) Those erected by public utility or transportation organizations operating pursuant to a franchise agreement with the city where such signs are erected or displayed for the purpose of public instruction, traffic control and similar uses incidental to the public interest and are not business signs. (6) Those otherwise m conformance with the provisions of the comprehensive zoning ordinance and molded, chiseled, etched or otherwise indented into walls or structural members of buildings or structures. (7) On-premises name plates for residentially zoned property containing the name and/or address of the occupant of the premises when otherwise in conformance with the provisions of the comprehensive zoning ordinance and not over one (1) square foot m sign area. (8) One (1)non-illuminated real estate sign, temporary m nature, advertising the sale or lease of real properly on which the sign is located or announcing contemplated improvements of real property on which the sign is located, provided, however that said sign shall not exceed eight (8) square feet in any one or two-family dwelling district or sixty (60) square feet m area and eight (8) feet m height m any other district; provided, further however on comer lots and through lots, one (1) such sign shall be allowed for each street on which the lot has frontage. (9) Temporary decorative flags. (10) Signs of not more than two (2) square feet with a ground clearance of not more than four (4) feet high within twenty (20) feet of a driveway or other ingress/egress to private property which restricts parking on said property Corners of signs shall be mrtered or rounded corner signs. (11) Warning, security and directional signs for parking or vehicle access. (12) Political signs erected in accordance with Section 6 402(A)(5) of the zoning ordinance. (13) Homebuilder signs erected m accordance with Section 6 402(A)(8) of the zoning ordinance. (14) One (1) construction sign, not exceeding four (4) square feet m area in any one or two-family dwelling district or forty (40) square feet m area and twelve (12) ,,, feet m height m any other district, denoting the owner architect, financial institution, general contractor subcontractor or any statement pertaining to the project on the real property on which the sign is located, provided, however on comer lots and through lots, one (1) such sign shall be allowed for each street on which the lot has frontage. (15) 'No dumping" and 'no trespassing" signs. (16) Signs erected in accordance with temporary banner policy administered by the department of transportation and public works for signs in public right-of way large banner policy administered by the parks and community services department for signs on park property policy governing erection of banners on Main Street, and other temporary banner policies administered by city departments or their designees. (17) Noncommercial residential signs erected m accordance with section 6 402(A)(15) of the zoning ordinance. (18) Signs depicting or relating to a national, local or religious holiday or season erected m accordance with section 6 402(A)(16) of the zoning ordinance. A01.4 Severability If a section, subsection, sentence, clause or phrase of this code is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code. SECTION A02 APPLICABILITY A02.1 General. The provisions of this code shall apply to all matters affecting or relating to structures and premises, as set forth m Section A01 Where, m a specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. A02.2 Existing installations. Except as otherwise provided for m this code, signs and sign structures lawfully m existence at the time of the adoption of this code may have their use, maintenance or repair continued if the use, maintenance or repair is in accordance with the ongmal design, if no hazard to life, health or property has been created by such sign or sign structure or electrical system and equipment, and if the electrical system and equipment are maintained in good repair A02.3 Maintenance. Signs and sign structures, both existing and new and parts thereof shall be maintained m proper operating condition m accordance with the ongmal design and m a safe, hazard free condition. Devices or safeguards that are required by this code shall be maintained in compliance with the code edition under which installed. The owner or the owner's designated agent shall be responsible for the maintenance of the signs and sign structures. To determine compliance with this provision, the Building Official shall have the authority to require that the sign or sign structure be reinspected. A02.4 Additions, alterations and repairs. Additions, alterations, renovations and repairs to signs and sign structures shall conform to that required for new installation without requiring that the existing sign or sign structure to comply with all of the requirements of this code. Additions, alterations, renovations and repairs shall not cause existing sign or sign structure to become unsafe, hazardous or overloaded. Minor additions, alterations, renovations and repairs to existing electrical systems and equipment shall be permitted m the same manner and arrangement as was m the existing system, provided that such repairs or replacement are not hazardous and are approved. A02.5 Requirements not covered by code. For any requirements necessary for the strength, stability or proper operation of an existing or proposed electrical system, or for the public safety health and general welfare, not specifically covered by this code, the Electrical Code or the Building Code shall be determined by the Building Official. A02.6 Zoning Code. The provisions of the Zomng Code shall also apply to signs and sign structures. 4 A02.7 Enforcement by other departments. Enforcement of these sections may be performed by other departments or divisions of the City of Fort Worth. However as provisions of this code, final interpretation, appeals of interpretation, requests for variances, etc. shall be handled as described m this code. SECTION A03 APPROVAL A03.1 Modifications. Whenever there are practical difficulties involved m carrying out the provisions of this code, the Building Official shall have the authority to grant modifications for individual cases, provided the Building Official shall first find that special individual reason makes the strict letter of this code impractical and that the modification is m compliance with the intent and purpose of this code and does not lessen health, life and fire-safety requirements. The details of action granting modifications shall be recorded and entered m the files of the inspection department. A03.2 Alternative materials, methods, equipment and appliances. The provisions of this code are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this code, provided that any such alternative has been approved by the Building Official. The Building Official may approve any alternate, provided that the proposed design is satisfactory and complies with the provisions of this code and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed m this code m quality strength, effectiveness, fire resistance, durability and safety A03.3 Required testing. Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or m order to substantiate claims for alternative materials or methods, the code official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. A03.3.1 Test methods. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the Building Official shall approve the testing procedures. A03.3.2 Testing agency All tests shall be performed by an approved agency A03.3.3 Test reports. Reports of tests shall be retained by the Building Official for the period required for retention of public records. A03.4 Material, equipment and appliance reuse. Materials, equipment, appliances and devices shall not be reused unless such elements have been reconditioned, tested and placed m good and proper working condition and approved. 5 SECTION A04 VIOLATIONS A04.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter repair remove, demolish or utilize any sign or sign structure, or cause same to be done, m conflict with or m violation of any of the provisions of this code. A04.1.1 Unsafe sign or sign structure. Failure to correct an unsafe sign or sign structure as provided for in Sections A04.5 C06 4 1 or C06 4.2 shall constitute a violation of this code. A04.2 Violation penalties. 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. A04.3 Stop work orders. Upon notice from the Building Official, work on any sign or sign structure that is being done contrary to the provisions of this code or m a dangerous or unsafe manner shall immediately cease. Such notice shall be m writing and shall be given to the owner of the property or to the owner's agent, or to the person doing the work or causing such work to be done. Where an emergency exists, the Building Official shall not be required to give a written notice prior to stopping the work. Such work shall not resume until authorized by the Building Official to proceed. A04.4 Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to prevent unlawful construction or to restrain, correct or abate a violation, or to prevent illegal usage, structure or premises, or to stop an illegal act, conduct, business or utilization of the sign on or -about any premises. A04.5 Unsafe sign or sign structure. (a) Any sign or sign structure that is structurally unsafe and any electrical system or equipment regulated by this code that is unsafe or that constitutes a fire or health hazard, insanitary condition, or is otherwise dangerous to human life is hereby declared unsafe. Any use of a sign or sign structure or an electrical system or equipment regulated by this code constituting a hazard to safety health or public welfare by reason of improper installation, inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster damage or abandonment is hereby declared an unsafe use. Any such unsafe sign or sign structure or equipment is hereby declared to be a public nuisance and shall be abated by repair (when permitted by this and other City Codes), rehabilitation, demolition or removal. 6 Exception When allowed by Section 6 405 of the zoning ordinance or Section 5 02.3 and when done m compliance with other applicable laws, ordinances and regulations, the nuisance may be abated by repair rehabilitation, or removal and replacement. (b) Should the building official determine that any sign is not properly mamtamed, is unsafe or insecure or has otherwise been constructed, erected or mamtamed m violation of the provisions of this code, he shall give written notice to the permittee or owner thereof. Such notice and order shall contain substantially the following: (1) The registration number if available, location and business name of the sign, sufficient for identification of such sign, (2) A statement that the building official has found such sign to be m violation of this code or other laws, together with a general description of such violation, (3) The amount of time required to bring the sign into compliance with this code or any other law said time not to exceed ten (10) days. The building official may extend the time of notice when rt is shown that such corrections cannot be accomplished within the original ten-day time period. (c) In addition to the above, the building official may issue citations or pursue any other administrative or legal remedy in order to abate any sign which is iri violation of this code or any other law (d) Notwithstanding anything contained herein to the contrary the building official may cause any sign which is dangerous to persons or property to be removed summarily and without notice. (e) All buildings or structures subjected to damage by deterioration or by fire shall be inspected by the building official, and all unsafe sign or sign structure or wiring or electrical equipment shall be repaired or replaced. (f~ Any work covered or concealed without inspection shall be considered to constitute and unsafe sign or sign structure. Such consideration as an unsafe structure shall exist every day until the work is inspected and approved as being m compliance with this code Inspections will not be performed until a valid active permit is obtained in accordance with this code. A04.5.1 Authority to condemn. Whenever the Building Official determines that any sign or sign structure or electrical system or equipment, or portion thereof, regulated by this code has become hazardous to life, health or property or has become insanitary or is otherwise dangerous to human life, the Building Official shall order m writing that such sign or sign structure or electrical system or equipment either be removed or restored to a safe or sanitary condition. A time hmrt for compliance with such order shall be specified m the written notice. No person shall use or inamtam defective sign or sign structure or electrical after receiving such notice. 7 A04.5.2 Authority to order disconnection of utilities. The Building Official shall have the authority to order disconnection of any energy source or utility service supplied to a building, structure or equipment regulated by this code when rt is determined that the equipment or any portion thereof has become hazardous or insanitary Written notice of such order to disconnect service and the causes therefor shall be given within 24 hours to the owner and occupant of such building, structure or premises, provided, however that m cases of immediate danger to life or property such disconnection shall be made immediately without such notice. If not notified prior to disconnecting, the owner or occupant of the building, structure or service systems shall be notified m writing, as soon as practical thereafter A04.5.3 Connection after order to disconnect. No person shall make connections from any energy fuel, power supply or water distribution system or supply energy fuel or water to any equipment regulated by this code that has been disconnected or ordered to be disconnected by the Building Official or the use of which'has been ordered to be discontinued by the Building Official until the Building Official authorizes the reconnection and use of such equipment. 8 Chapter B ORGANIZATION AND ENFORCEMENT SECTION BO1 ORGANIZATION BO1.1 Code Official. Whenever the term code official is used m this code, rt shall be construed to mean the Building Official or his authorized representative(s). The Building Official shall not be removed from office except for cause and after full opportunity to be heard on specific and relevant charges. Applicable Zoning code provisions shall be interpreted as otherwise provided for m that code. B01.2 Deputies. In accordance with the prescribed procedures of this jurisdiction, the Building Official shall have the authority to appoint a deputy code official, other related technical officers, inspectors, and other employees. For the purpose of this code, the regularly authorized deputy code official shall be the Chief Electrical Inspector B01.3 Department having jurisdiction. Unless otherwise provided for by law the office of the Building Official shall be part of the Development Department. B01.4 Restriction of employees. An official or employee connected with the department of electrical inspection shall not be engaged m or directly or indirectly connected with the furnishing of labor materials or appliances for the construction, alteration or maintenance of a sign, and such officer or employee shall not engage in any work that conflicts with official duties or with the interests of the department. Further no official or employee shall be permitted to work for or be connected with, any sign contractor electrical contractor electrical manufacturer or wholesale supply company or do any electrical work while employed as an electrical inspector by the city BO1.5 Liability The Building Official charged with the enforcement of this code, acting m good faith and without malice m the discharge of the duties required by this code or other pertinent law or ordinance shall not thereby be rendered personally liable for damages that may accrue to persons or property as a result of an act or by reason of an act or omission m the discharge of such duties. A suit brought against the Building Official or employee because of such act or omission performed by the Building Official or employee m the enforcement of any provision of such codes or other pertinent laws or ordinances implemented through the enforcement of this code or enforced by the code enforcement agency shall be defended by this jurisdiction until final termination of such proceedings and any judgment resulting therefrom shall be assumed by this jurisdiction. This code shall not be construed to relieve from or lessen the responsibility of any person owning, operating or controlling any building or structure, sign or sign structure for 9 any damages to persons or property caused by defects, nor shall the code enforcement agency or its parent jurisdiction be held as assuming any such liability by reason of the inspections authorized by this code or any permits or certificates issued under this code. SECTION B02 DUTIES AND POWERS OF THE BUILDING OFFICIAL B02.1 General. The Building Official shall enforce all of the provisions of this code and shall act on any question relative to the installation, alteration, repair maintenance or operation of all sign or sign structures, electrical systems, devices and equipment except as otherwise specifically provided for by statutory requirements or as provided for m Sections B02.2 through B02.9 The Building Official shall have the power to render interpretations of this code as may be deemed necessary m order to clarify the application of the provisions of this code. Such interpretations shall be m conformity with the intent and the purpose of this code. B02.2 Rule-ma'ng authority The Building Official shall have authority as necessary m the interest of public health, safety and general welfare to adopt and promulgate rules and regulations to interpret and implement the provisions of this code to secure the intent thereof and to designate requirements applicable because of local climatic or other conditions. Such rules shall not have the effect of waiving requirements specifically provided for m this code, or of violating accepted engineering practice involving public safety B02.3 Applications and permits. The Building Official shall receive applications and issue permits for the .installation and alteration of sigh or sign structures or electrical systems, inspect the premises for which such permits have been issued, and enforce compliance with the provisions of this code. An application for a permit shall be considered as permission from an authorized representative to inspect the premises. B02.4 Inspections. The Building Official shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals.. All reports of such inspections shall be m writing and be certified by a responsible officer of such approved agency or by the responsible individual. The Building Official is authorized to require expert opinion, as deemed necessary to report upon unusual technical issues that arise, at no expense to the ~urisdicrion. B02.3 Right of entry Whenever rt is necessary to make an inspection to enforce the provisions of this code, or whenever the Building Official has reasonable cause to believe that there exists m a building or upon any premises any condition or violation of this code which make the building, sign or sign structure or premises unsafe, insanitary dangerous or hazardous, the Building Official shall have the authority to enter the building or premises at all reasonable times to inspect the same or to perform the duties imposed upon the Building 10 Official by this code. If such building or premises is occupied, the Building Official shall present credentials to the occupant and request entry If such building or premises is unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry If entry be refused, the Building Official shall have recourse to every remedy provided by law to secure entry An application for a permit shall be considered as permission from an authorized representative to inspect the premises. When the Building Official has first obtained a proper inspection warrant or other remedy provided by law to secure entry no owner occupant or persons having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Building Official for the purpose of inspection and examination pursuant to this code. It shall be unlawful for any person to hinder or interfere with the code official, deputy or any of the electrical inspectors m the discharge of their duties under this code. B02.6 Identification. The Building Official shall carry proper identification when inspecting structures or premises m the performance of duties under this code. B02.7 Notices and orders. 'The Building Official shall issue all necessary notices or orders to ensure compliance with this code. B02.8 Department records. The Development Department shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained m the official records for the period required for the retention of public records. B02.9 Cooperation of other officials and officers. The Building Official may request, and shall receive, the assistance and cooperation of other officials of this jurisdiction so far as is required m the discharge of the duties required by this code or other pertinent law or ordinance. SECTION B03 BOARD OF APPEALS B03 Applications for appeals of this code shall be made to the Construction and Fire Prevention Board of Appeals. (See the Building Code.) All references to the 'Board shall be deemed to refer to the Construction and Fire Prevention Board of Appeals. Applications for appeals to the Zoning Code shall be made as otherwise provided for in that code. 11 Chapter C PERMITS AND INSPECTIONS SECTION CO1 PERMITS CO1.1 When required. Except as provided for m Section C01.2, no sign shall hereafter be constructed, enlarged, altered, repaired, moved, removed or demolished, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit for the work. A separate permit shall be obtained for each sign or group of signs on any single supporting structure. No permit shall be issued except to a duly licensed and registered sign erector as provided m Chapter D of this code. No permit shall be issued for a nonconforming sign, except as allowed by Section 6 405 of the Zoning ordinance or Section 5 02.3 as a permitted alteration. When repairs of a nonconforming sign are not permitted pursuant to Section 6 405 or Section 5 02.3 the sign shall be subject to the provisions of Section A04.5 No permit shall be issued for the erection of new off-premises signs m the extraterritorial ~unsdiction, which is prohibited under Section 5 02.2, provided, however subdivision directional signs, homebuilder signs, and temporary public interest signs may be erected without a permit, m accordance with Section 5 02.2. CO1 1.1 Unlawful Wiring. No permit shall be issued for installing, altering, extending or replacing any electrical wiring or equipment on any sign, if any unlawful electrical wiring or equipment exists on the sign, until a permmt to correct such conditions is first obtained and all necessary corrections are made. C01.2 Exempt work. A sign permit shall not be required for the following• (1) Complete removal of an attached on-premises sign when the removal is performed by the owner of the premises or the owner s agent (property manager) (A third party company hired to remove the sign does not constitute 'the owner's agent. ') (2) Changing ofnon-electrical advertising copy or message on marquee signs and other signs specifically designed for the use of replaceable copy (3) Maintenance work when hmrted to the painting (including the retracing of existing advertising copy), repair or replacement of nonstructural trim, and replacement of nonstructural minor parts. (4) Subdivision directional signs, homebuilder signs and temporary public interest signs erected m the extraterritorial ~unsdiction m accordance with Section 5 02..2. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done m violation of the provisions of this code or any other laws or ordinances of this ~unsdiction. 12 SECTION C02 WHOM PERMITS MAY BE ISSUED TO C02.1 Whom 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. 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 person shall be issued a sign permit for electrical work unless such person is licensed and registered, pursuant to the provisions of Chapter D of the Electrical Code. SECTION C03 APPLICATION FOR PERMIT C03.1 Application. Any person legally entitled to apply for and receive a permit shall make application on forms provided for that purpose. Every such application shall. 1 Identify and describe the work to be covered by the permit for which application is made. 2. Describe the land on which the proposed work is to be done by address and by legal description, or similar description, that will readily identify and definitely locate the proposed sign or work. 3 Contain the registration number if available. 4 Be accompanied by plans, diagrams, computations and specifications and other data as required m Section C03.2. 5 Be signed by the applicant or an authorized agent of the applicant. 6 Give such other data and information as may be required by the Building Official. An application for a permit shall be considered as permission from an authorized representative to inspect the premises. C03.2 Plans and specifications. Plans, specifications, engineering calculations, diagrams, soil investigation reports, special inspection and structural observation programs 13 .l and other data shall constitute the submittal documents and shall be submitted in one or more sets with each application for a permit. The plans shall indicate all necessary information required, including but not limited to the following: 1 On a scale of not less than one(1) inch equals twenty (20) feet. 2. Show the egress and ingress, distance from curb to sign, and all buildings on the property 3 Show size and height of the sign and designate whether the sign is an electrical. When such plans are not prepared by an architect or engineer the Building Official may require the applicant submitting such plans or other data to demonstrate that state law does not require that the plans be prepared by a licensed architect or engineer The Building Official may require plans, computations and specifications to be prepared and designed by an engineer or architect licensed by the state to practice as such even if not required by state law Exception The Building Official may waive the submission of plans, calculations, construction inspection requirements and other data if rt is found that the nature of the work applied for is such that reviewing of plans is not necessary to obtain compliance with this code. All plans, specifications and accompanying data involved with the practice of engineering or architecture shall comply with all state and local laws governing the practice of engineering or architecture. C03.3 Information on plans and specifications. Plans and specifications shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show m detail that rt will conform to the provisions of this code and all relevant laws, ordinances, rules and regulations. C03.4 Expiration of plan review Applications for which no permit is issued within 90 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. The Building Official may extend the time for action by the applicant for a penod not exceeding 90 days on request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new application fee. Exception Applications for temporary signs shall expire within sixty (60) days and may be extended for a period not to exceed sixty (60) days. 14 SECTION C04 PERMIT ISSUANCE C04.1 Issuance. The application, plans, specifications, computations and other data filed by an applicant for a permit shall be reviewed by the Building Official. Such plans may be reviewed by other departments of this ~unsdiction to verify compliance with any applicable laws under their ~unsdichon. If the Building Official finds that the work described m an application for a permit and the plans, specifications and other data filed therewith conform to the requirements of this code and other pertinent laws and ordinances, and that the fees specified m Section COS have been paid, the Building Official shall issue a permit therefor to the applicant. When the Building Official issues the permit where plans are required, the Building Official shall endorse m writing or stamp the plans and specifications APPROVED Such approved plans and specifications shall not be changed, modified or altered without authorization from the Building Official, and all work regulated by this code shall be done in accordance with the approved plans. The Building Official may issue a permit for the construction of a portion of a sign before the entire plans and specifications for the complete sign or sign structure have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of this code. The holder of a partial permit shall proceed without assurance that the permit for the entire sign or sign structure will be granted. C04.2 Withholding of permits. The Building Official is authorized to withhold permits to any person for the reasons set forth herein upon written notice to such person. The determination of the Building Official may be appealed to the Board as provided m Section B03 The Building Official is authorized to withhold the issuance of sign permits to 1 any person until such time as the sign for which a permit was previously issued has been completed or is being performed m an efficient manner m a reasonable length of time. 2. any person who is delinquent m the payment of fees owed the City of Fort Worth. 3 any person who has performed previous fobs which remain m violation of this code. C04.3 Validity The issuance of a permit or approval of construction documents shall not be construed to be a permit for or an approval of, any violation of .any of the provisions of this code or of other ordinance of the ~unsdiction. No permit presuming to give authority to violate or cancel the provisions of this code shall be valid. 15 The issuance of a permit based upon construction documents and other data shall not prevent the Building Official from thereafter requinng the correction of errors m said construction documents and other data or from preventing sign operations being carried on thereunder when in violation of this code or of other ordinances of this jurisdiction. C04 4 Expiration. Every permit issued by the Building Official under the provisions of this code shall expire by limitation and become null and void if the work authorized by such permit is not commenced within 90 days from the date of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 120 days. Before such work can be recommenced, a new permit shall be first obtained and the fee therefor shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made m the original construction documents for such work, and provided further that such suspension or abandonment has not exceeded one year In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee. If work does not commence wrthm ninety (90) days of the date of such renewal permit, or if work is suspended for a period of ninety (90) days, the renewal permit shall become null and void and a new permit must be obtained. C04.4.1 Temporary signs. Every permit issued for a temporary sign -shall expire sixty (60) days from the date of issuance and such sign shall be removed immediately by the permittee. No permit shall be issued for any temporary sign at the same location until after the expiration of thirty (30) days from date of expiration of the last issued permit for such location. C04.5 Extensions. Any permittee holding an unexpired permit, for other than temporary signs, shall have the nght to apply for an extension of the time wrthm which the permittee will commence work under that permit when work is unable to be commenced within the time required by this section for good and satisfactory reasons. The Building Official shall extend the time for action by the permittee for a penod not exceeding 90 days if there is reasonable cause. No permit shall be extended more than once C04.6 Suspension or revocation of permit. The Building Official may m writing, suspend or revoke a permit issued under the provisions of this code whenever the permit is issued m error or on the basis of incorrect information supplied, or m violation of any ordinance or regulation or any of the provisions of this code. C04 7 Administrative hold. Any administrative discrepancy including but not hmrted to delinquency m payments, returned checks, failure to pay for remspection, investigation or registration fees, and failure to keep registration, insurance or bond up-to- date, may result m a hold being placed on issuance of permits and performance of inspections of existing permits until the administrative discrepancy is corrected. For the purpose of this section, the term `up-to-date shall mean that whenever any of these items is required by this or any other code to obtain a permit covered by this code, rt shall be maintained current and m effect until the permit is finaled. 16 C04.8 Retention of plans. One set of approved plans, specifications and computations shall be retained by the Building Official for a penod of not less than mnety (90) days from date of completion of the work covered therein. One set of approved construction documents shall be returned to the applicant, and said set shall be kept on the site of the sign or work at all times dunng which the work authorized thereby is m progress. C04.9 Job abandonment. If, after a permit is issued under the provisions hereof, the applicant abandons the fob, becomes incapacitated or his/her services are terminated prior to final inspection and approval thereof by the Building Official and before the permit has expired, the applicant or his lawful/legal representative shall immediately notify the office of the Building Official m writing. Upon such notification; the Building Official shall immediately have an inspection made of the work completed to that time, and may revoke the outstanding permit and require that a new permit with the payment of fees be obtained before the work is allowed to resume. SECTION C05 FEES CO5.1 General. Fees shall be assessed m accordance with the provisions of this section or shall be as set forth m the fee schedule adopted by this jurisdiction. C05.2 Permit fees. The fee for each permit shall be as set forth m Table C05.2. Any person obtaining a permit application required by this code shall, at the time of filing, pay a permit and anon-refundable application fee as required by this section for the installation, relocation or replacement of any of the listed items. Exceptions 1 Where these fees are being invoiced monthly and the account is past due, a penalty and/or interest charge as prescribed by the~urisdiction, shall be assessed. The above assessed fee and delinquent payment shall be paid before additional permits will be issued or additional inspections performed. 2. Sign and sign structures owned and occupied by a Federal, State, or County entity on property owned by the Federal, State, or County entity shall be exempt from the permit fees. This exception does not apply to public school districts or county community colleges. 3 Work by non-City personnel on property under the control of the City of Fort Worth shall be exempt from the permit fees only if the work is for action under a contract approved by City Council with notes m the contract packages stating the fee is waived. 4 When permitted by this code, work by City personnel on property under the control of the City of Fort Worth shall be exempt from the permit fees only if the application is accompanied by a copy of the work order for the project. Exemption or reduction of the permit fees under this section shall not waive the requirements to pay a full investigation fee for doing work without a permit as required under Section C05.3 17 Table C05.2 Sign Fees Administrative 1 CFPBOA Appl><cat><on Fee (1st item per address) $100 00 (Each addrt;<onal item per address) 20 00 2. Change of Record (per record or perm>.t) 15 00 Permit items Appl>cation fee 30 00* New signs = Appl>cat>_on fee Plus, Display area at $17.33 or $0 17 per square foot for each d><splay surface, wh><chever is greater Plus, Height above grade at: Plus, Electrical at: Feet above grade Fee 1 20 $17.33 21 30 34 66 31-40 52.00 41 50 69.33 51-60 86 67 Over 60 121.33 Amps Fee 1-40 $24.28 41-60 34 66 61-80 52.00 81 100 69.33 Over 100 104 00 Banners and Temporary S;<gns = Appl><cat><on fee Plus, Display area at $17.33 Plus, He>ght above grade at 17.33 RWhen permits aze equired for allowable epairs emoval, the efundable application fee shall the equired permit fee., 18 Other Inspections and Fees. 1 Inspections outside of normal business hours (minimum of two hours) 2. Remspection fee assessed under provisions of Sec. 29-25(c) 3 Inspections for which no fee is specifically indicated (minimum charge one half hour) 4 Additional plan review required by changes, additions or revisions to plans (minimum charge one-half hour) C05.3 Investigation fees. Work without a permit. $35 00 per hour $25 00 $35 00 per hour $35 00 per hour C05.3.1 Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. Exceptions. 1 This provision shall not apply to emergency work when rt shall be proved to the satisfaction of the Building Official that such work was urgently necessary and that rt was not practical to obtain a permit therefore before the commencement of the work. In all cases, a permit must be obtained as soon as it is practical to do so, and if there be an unreasonable delay m obtaining such permit, an investigation fee as herein provided shall be charged. 2. The investigation fee required shall be charged for work for which an inspection has been.requested and no permit has been obtained. C05.3.2 Fee. An investigation fee, m addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The minimum investigation fee shall be the same as the application fee set forth m Table C05.2. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law The applicant may appeal the amount of an investigation fee to the city council by filing a written appeal showing the reason why the fee should be lowered. The city council may upon a finding that the investigation fee is unreasonable based upon the facts presented, reduce the investigation fee, but m no case may the fee be reduced to less than the actual investigation costs incurred by the city C05.4 Change of record. Any request for a record change, or any mistake made by an applicant that requires a record change, including but not limited to name or address changes, whether computer or paper record, must be requested in wasting by the original applicant with a fee as specified m Table C05.2. Exceptions. 1 For record changes that affect the permit fee, such as adding equipment, fixtures, height or square footage, the code off cial may require a separate permit for the extra items with the appropriate fees. 19 2. The fee will not be required for those applicants meeting exception 4 of Section C05.2. CO5.5 Fee Refunds. The building official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected. Where work for which a permit has been issued does not commence, and a request is made for a cancellation of such permit within a 60-day time hmrt, the permit fee may be returned, upon request, minus an administration charge of five dollars ($5 00) After the 60 daytime hmrt, no fee shall be returned. Exceptions. 1 When the investigation fee of Section C05.3 has been collected, rt shall not be refunded unless paid by another party 2. No refund will be given for the application fee. SECTION C06 INSPECTIONS C06.1 General. All work for which a permit is required by this code shall be inspected by the building official No portion of any sign, sign structure or electrical system shall be concealed until inspected and approved. Neither the building official nor the ~unsdiction shall be liable for expense entailed in the removal or replacement of material required to permit inspection. The holder of the permit shall be responsible for the scheduling of such inspections. Electrical systems regulated by this code shall not be connected to energy supply until authorized by the building official. C06.1 1 Under ground inspection shall be made after trenches or ditches are excavated and bedded, piping installed, and before any backfill is put in place. When excavated soil contains rocks, broken concrete, frozen chunks and other rubble that would damage or break the piping or cause corrosive action, clean backfill shall be on the fob site. C06.1.2 Rough-in inspection shall be made after the components to be concealed are complete, and prior to the installation of cover materials. C06.1.3 Final inspection shall be made after the sign is complete, all electrical systems are m place and properly connected, and the structure is ready for use. C06.1.4 A survey of the lot may be required by the building official to verify that the structure is located in accordance with the approved plans. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of this ~unsdiction. Inspections presuming to give authority to violate or cancel provisions of this code or of other ordinances of the jurisdiction shall not be valid. 20 C06.2 Other inspections. In addition to the called inspections specified above, the building official may make or require other inspections of any work to ascertain compliance with the provisions of this code and other laws which are enforced. C06.3 Testing. Electrical systems shall be tested when required by the Building Official. Tests shall be made by the permit holder and observed by the building official. C06.3.1 New altered, extended or repaired systems. New electrical systems and parts of existing systems, which have been altered, extended or repaired, shall be tested when required by the Building Official. C06.3.2 Equipment, material and labor for tests. All equipment, material and labor required for testing an electrical system or part thereof shall be furnished by the permit holder C06.3.3 Reinspection and testing. Where any work or installation does not pass any initial test or mspechon, the necessary corrections shall be made to comply with this code. The work or installation shall then be resubmitted to the building official for inspection and testing. C06.4 Inspection requests. It shall be the duty of the person doing the work authorized by a permit to notify the Building Official that such work is ready for inspection. The Building Official may require that every request for inspection be filed at least one working day before such inspection is desired.. Such request may be m writing or by telephone, at the option of the Building Official. The person doing the work authorized by the permit shall make sure that the work will stand tests prescribed elsewhere m this code, before giving the above notification. It shall be the duty of the person requesting inspections required by this code to provide access to and means for proper inspection of such work. When the work is within a residence where access is dependent upon the occupant being home, it shall be the .duty of the person doing the work to make arrangements for inspections. Failure to make arrangements within a timely manner or the mabihty for the inspector to do the inspections at the arranged times will result m remspection fees being assessed to the person doing the work. Exception If the reinspection fee was fora `Final Inspection for a residence where access is dependent upon the occupant, after the fee has been paid by the person doing the work additional arrangements for the final inspection and penalties for not receiving such inspection shall fall on the occupant. This shall not relieve the person doing the work from having to correct improper work and such accompanying penalties should the work fail remspechon. C06.4.1 Approval Required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the Building Official. The 21 Building Official, upon notification, shall make the requested inspections and shall either indicate that portion of the construction is satisfactory as completed, or shall notify the permit holder or an agent of the permit holder wherein the same fails to comply vv~th this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the Building Official. There shall be a final inspection and approval of all signs and sign structures when completed and ready for use. C06.4.2 Covered work. Any work covered or concealed without inspection shall be considered to constitute an unsafe structure and subject to the corrective provisions of Section A04.5 Such consideration as an unsafe structure shall exist every day until the work is inspected and approved as being m compliance with this code. Inspections will not be performed until a valid active permit is obtained m accordance with this code. C06.5 Inspection card. (No requirements.) C06.6 Reinspections. A remspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when .corrections called for are not made. This section is not to be interpreted as requiring remspection fees the first time a~ob is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the fob is ready for such inspection or reinspection. Remspection fees may be assessed when the approved plans are not readily available to the inspector for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the Building. Official. To obtain a remspection, the applicant shall file an application therefor m writing on a form furnished for that purpose and pay the remspection fee m accordance with Table C05.2 or as set forth m the fee schedule adopted by the ~unsdiction. In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid. SECTION C07 CONNECTION APPROVAL C07 1 Energy connections. No person shall make connections from a source of energy or fuel to any electrical system or equipment regulated by this code and for which a permit is required until approved by the Building Official. C07.2 Temporary connections. The building official shall have the authority to authorize the temporary connection of the system to the utility source for the purpose of testing electrical systems. 22 Chapter D LICENSING AND REGISTRATION SECTION DO1 REGISTRATION DO1.1 Business registration. Any person, firm, business or other organization consisting of sign erectors required to be licensed under this chapter shall register with the city department. of development. Each registration shall be renewed annually on or before October 30 of each year The following fees shall be charged for such registration. Registration fee, first year $100 00 Annual renewal. $ 50 00 SECTION D02 LICENSE D02.1 License. Subject to scoring a passing grade of seventy (70) percent on the examination hereinafter required, a license for a sign erector shall be issued. The fee for such original and annual renewal shall be fifty dollars ($50 00). Such license shall be renewable on January first of each year All applications for examinations shall be filed with an examination fee of twenty five dollars ($25 00) m the office of the Building Official. Each licensed sign erector shall register with the city department of development. Applications for a master sign electrician s license and journeyman's sign electrician's license shall be made pursuant to the provisions of Chapter D of the Electrical Code. D02.2 License suspension, revocation. Upon conviction of any licensee under this code for a violation of any provision of this code, such person so convicted shall have his license automatically suspended for a period of thirty (30) days for the first such conviction, for a period of one (1) year for the second such conviction, and for a period of two (2) years for the third such conviction, and, during the time of such suspension, such license shall be and become null and void. After the termination of such period of suspension, provided such suspension is for less than two (2) years, such license shall again be valid and effective, provided that renewal fees which may have become due thereon, as hereinafter set out, were paid when due. If, wrthm any three year period, the holder of any license issued under the terms hereof shall have been convicted three (3) or more times for a violation of any of the provisions of this chapter such holder of such license shall have his license automatically revoked and cancelled, and, upon such revocation and cancellation, said license shall be and become null and void and cannot be renewed thereafter D02.3 Failure to pay license renewal fee. Any licensee under this article who shall fail to pay the annual renewal fee due for a renewal of the required license wrthm thirty (30) 23 days of the date the same becomes due shall be required to pay as a renewal fee twice the amount of the annual fee. D02.4 Forfeiture of license. Any licensee under this article who shall fail to pay any renewal fee for such license within one (1) year after the date such fee becomes due shall forfeit his right to obtain such license until he again qualifies himself by passing another examination as required by this chapter Any applicant who passes an examination for any grade of license and fails to obtain the license of that grade by paying the fee as prescribed herein within a period of sixty (60) days shall forfeit his right to obtain such license until he again qualifies himself by passing another examination as required by this chapter D02.5. Transfer It shall be unlawful for any licensee under this article to permit his name or license to be used by any other person, firm or corporation, directly or .indirectly for the purpose of obtaining a permit or for performing work under such license. D02.6. Reexaminations. Any applicant failing to pass the examination for a license under this article on his first attempt shall not be examined again prior to the expiration of sixty (60) days from the date of such first attempt. Any applicant failing to pass such examination upon his second attempt shall not be examined again prior to the expiration of six (6) calendar months from the date of such second attempt. Any applicant failing to pass such examination on a third or subsequent attempt shall not be examined prior to the expiration of one (1) year from the date of such third or subsequent attempt. SECTION D03 -VEHICLE IDENTIFICATION D03.1 Identification to be displayed. Every licensed sign erector shall have its company name and erector license number affixed to each front door of each truck or vehicle which said erector operates m connection with the erection and maintenance ofnon-electrical signs within the city m letters not less than two and one-half (2 1/2) inches m height. The name and number shall be the same on all vehicles so operated by any one (1) licensed sign erector Such name and number shall not be of the plastic magnetic type. Those persons having a master sign electrical license shall affix to all vehicles the name and number per the Electrical Code of the City of Fort Worth. 24 ARTICLE II DEFINITIONS 2.01 Scope. For the purpose of this code, certain words and terms shall be construed as defined m this section and as defined elsewhere m this code; however any such words and terms not so specifically defined shall be construed in light of the comprehensive zoning ordinance, the building code or as a trade term. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this code, have the meanings indicated m this code. 2.02 Interchangeability Words used m the present tense include the future• words m the masculine gender include the feminine and neuter the singular number includes the plural and the plural, the singular 2.03 Terms defined in other codes. Where terms are not defined in this code and are defined in other City adopted codes and ordinances, such terms shall have meanings ascribed to them as in those codes. 2.04 Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies. Approved plastics. Any thermoplastic, thermosetting or reinforced thermosetting plastic material that conforms to combustibility classifications specified m the section applicable to the application and plastic type. See Building Code Section 402 14 4 and Chapter 26 Attached sign. A sign which is affixed to or supported by or painted on a building. Building Official. The officer or other designated authority charged with the administration and enforcement of this code, or a duly authorized representative. For the purpose of this code, the Code Official shall be the Building Official, and his regularly authorized deputy shall be the Chief Electrical Inspector Detached sign. A sign which is supported by structures, supports or foundations m or upon the ground and independent of support from any building. Display area/face. For permit fee purposes, the display area/face is that such area made available by a sign for the purpose of displaying an advertising message, to exclude nonstructural trim. Electrical sign. Any sign containing electrical wiring m or upon such sign or its sign structure, but not including any sign illuminated by an exterior light source not attached to such sign or sign structure. Marquee. A permanent roofed structure which is attached to and supported by a building and which projects over public property 25 Marquee sign. A sign pro~ectmg over public property displayed as a part of a marquee. Any such sign may be used only for identification or location of the supporting building or of a place of business located in such building. The height of the message thereon shall not exceed three (3) feet. Noncombustible material Materials tested m accordance with ASTM E 136 or materials having a structural base of noncombustible material m accordance with ASTM E 136 with a surfacing not more than 0 125 inch thick that has a flame spread index not greater than 50 when tested m accordance with ASTM E 84 Nonconforming sign. A sign legally erected and mamtamed m compliance with all city codes which does not conform to the provisions of this sign code or other applicable city ordinances. Such sign may continue m use, provided that such use does not constitute a hazard or public nuisance and provided that such use is not m contravention of provisions of other ordinances. Any sign erected, constructed, enlarged or altered after the passage of this sign code which does not conform to the provisions thereof shall be considered an illegal sign. Nonstructural trim. The moldings, battens, caps, nailing strips, latticing or base and walkways that are attached to a sign. Off premises sign. A sign that is a primary use and that advertises businesses, commodities, activities, services or persons that are not usually available or present upon the premises upon which such sign is located, or that directs persons to any location not on the premises. Any sign with more than ten (10) percent of the sign devoted to such use shall be deemed to be an off premises sign. Person. Any person, firm, partnership, association, corporation, company or organization of any kind. Portable sign. A sign designed, constructed or used to facilitate the placing or moving of same from one location to another Replaceable copy. Name, letter and other copy that can be changed or replaced without the aid.of trade tools. Roof sign. Any sign erected, constructed and mamtamed. on the roof of a building. Sign. Any surface, fabric, device, display or visual medium, mcludmg the component parts, which bears letters, pictorial forms or sculptured matter mcludmg logos, used or intended to be used to convey information or to attract attention to the subject matter of such sign. Graphics painted upon the side of a building which carry no advertising shall not be construed to be a sign, except where such graphics pictorially display products or business that convey an advertising intent. The term sign includes the sign structure. 26 Sign, animated A sign employing visible moving parts or the changing of colors. Sign, electrical Any sign containing electrical wiring m or upon such sign, but not including any sign illuminated by an exterior fight source not attached to such sign. Sign, flashing. A sign or part of a sign that contains units which cause such sign or part thereof to appear to flash or blink. Flashing signs shall not include running light signs, twinkle signs or those signs having only one (1) on-off cycle m any period exceeding six (6) seconds. Sign, illegal A sign that was erected m violation of any regulation applicable at the time of erection of such sign. Any sign which does not comply with the provisions of the Comprehensive Zoning Ordinance, the Sign Code or other applicable ordinance, or which is not deemed a nonconforming sign by the zoning official or his designee, shall be considered an illegal sign. Sign, nonconforming. A sign that was lawfully installed in compliance with all city ordinances applicable at the time of installation, but that does not comply with the current provisions of the Comprehensive Zoning Ordinance, the Sign Code of the City of Fort Worth, or other applicable ordinances. Sign, revolving A sign which revolves on or around or about a structural support. A structural support can be a pole, building or other type of support. Revolving parts within or upon a display surface shall not be construed as a revolving sign. Sign, running light or twinkle. A sign with low wattage outline fighting which appears to flash. Any sign employing more than four (4) complete on-off cycles per second shall be considered a running light or twinkle sign. Sign structure. Any structure which supports or is intended to support any sign as defined in this chapter Structure. Anything constructed or erected, which requires location on the ground, or attached to something having a location on the ground, mcludmg but not hmrted to advertising signs, billboards and poster panels, but exclusive of customary fences or boundary or retaining walls, sidewalks and curbs. Temporary sign. Any sign intended to be displayed for a hmrted period of time only mcludmg by way of example but not of limitation, any sign, banner pennant, valance or advertising display constructed of cloth, canvas, fight fabric, cardboard, wallboard or other light materials, with or without frames. 27 ARTICLE III -CONSTRUCTION AND MAINTENANCE SECTION 3.01-GENERAL 3.01.1. General requirements. (a) As specified m this section, signs shall be designed and constructed to resist wind forces. All bracing systems shall be designed and constructed to transfer lateral forces to the foundation. The dead and lateral loads of building signs shall be transmitted through the structural frame of the building to the ground so as to not over-stress any of the elements thereof. The overturning moment produced from lateral forces shall in no case exceed two- thirds of the dead-load resisting moment. Uplift due to overturning shall be adequately resisted by proper anchorage to the ground or to the structural frame of the building. The weight of earth superimposed over footings may be used m determining the dead-load resisting moment. Such earth shall be carefully placed and thoroughly compacted. (b) Wind loads. Signs shall be designed and constructed to resist wind forces as specified m Chapter 16 of the Building Code. (basic wind speed V~ = 75 mph, 3-second gust wind speed V3S = 90 mph) (c) Signs over twenty-five (25) feet in height above grade shall be designed by an engineer licensed by the State of Texas. Plans of such designs shall have affixed thereto the seal of such engineer (d) Allowable stresses. The design of concrete, steel or wood members shall conform, respectively to the requirements of Chapters i 9 22 and 23 of the Building Code. Loads, both vertical and horizontal, exerted on the soil shall not produce stresses exceeding those specified: m the Building Code. The worlcmg stresses of wire ropes and fastenings shall not exceed twenty-five (25) percent of the ultimate strength of such ropes or fastenings. Working stresses for wmdloads combined with dead loads maybe increased as specified m the Building Code. 3.01.2 Construction materials. (a) General. The supports of all signs shall be placed m or upon pnvate property and shall be securely built, constructed and erected m conformance with the requirements of this code. (b) Materials. Materials of construction for signs shall be of the quality and grade specified for buildings by the Building Code. In the absence of specified requirements, the materials and details of construction of all signs shall conform to the following: 28 (1) Structural steel shall be of that quality specified by AISC LRFD AISC 335 or AISC HSS Secondary members m contact with or directly supporting the display surface may be formed of light gauge steel, provided such members are galvanized and are designed m accordance with the specifications of the design of light gauge steel in accordance with Standard for Cold-Formed Steel Framing -General Provisions, American Iron and Steel Institute (AISI -General) and AISI NASPEC Secondary members, when formed integrally with the display surface, shall be not less than No 24 gauge in thickness. When not formed integrally with the display surface, the minimum thickness of the secondary members shall be No 12 gauge. The minimum thickness of hot rolled steel members furnishing structural support for signs shall be one-fourth inch except that, if galvanized, such members shall be not less than three-sixteenths-inch thick. Steel members may be connected with one (1) galvanized bolt provided the connection is adequate to transfer the stresses to the members. (2) Anchors and supports, when wood and embedded m the soil or within six (6) inches of the soil, shall be completely heartwood of a durable species or shall be pressure-treated with an approved preservative. Such members shall be marked or branded by an approved agency (c) Restrictions on combustible materials: All signs erected in the 'H" Central Business Distract shall have structural members of noncombustible materials. In other than `H" Central Business Distract, detached signs may be constructed of any material meeting the requirements of this code. Combination signs, attached signs, pro~ectmg signs and marquee signs shall be constructed of noncombustible materials, except as provided in subsection (d) of this section. No combustible materials other than approved plastics shall be used in the construction of signs containing electrical wirang. (d) Nonstructural trim. Nonstructural trim and portable display surfaces may be wood, metal, plastics or any combination thereof, or other approved materials. (e) Anchorage. Members supporting unbraced signs shall be so proportioned that the bearing loads imposed on the soil, either horazontally or vertically shall not exceed the safe values. Braced detached signs shall be anchored to resist the specified wind load acting m any direction. Anchors and supports shall be designed for safe bearing loads on the soil and for an effective resistance-to-pull-out amounting to a force twenty five (25) percent greater than the required resistance-to-overturning. Anchors and supports shall penetrate to a depth below ground greater than that of the frost line. 29 Signs attached to masonry concrete, or steel shall be safely and securely fastened thereto by means of metal anchors, bolts or approved expansion screws of sufficient size and anchorage to support safely the loads applied. No wooden blocks or plugs or anchors with wood used m connection with screws or nails shall be considered proper anchorage, except m the case of signs attached to wood framing. No anchor or support of any sign shall be connected to, or supported by any unbraced parapet wall, unless such wall is designed for such load as required by the Building Code. (f) Display surfaces. Display surfaces m all types of signs may be made of metal, glass, plastics or other approved materials. Glass display surfaces shall conform to the following specifications Size, Thickness and Type of Glass Panels m Signs Any dimension (in ches) Area (in square inches) Minimum Thickness of Glass (in ches) T e of Glass 30 500 1/8 Plain, late or wired 45 700 3/16 Plain, late or wired 144 3600 /4 Plain, late or wired Over 1.44 Over 3600 '/4 Wired lass Sections of approved plastic on wall signs shall not exceed one hundred fifty (150) square feet in area. Sections of approved plastics on wall signs shall be separated three (3) feet laterally and six (6) feet vertically by required exterior wall construction. Upon the approval of the Building Official, sections of approved plastics on signs other than wall signs may be of unhmrted area. Sections may not be required to be separated by required exterior wall construction if approved by the Building Official. (g) Approved plastics. The Building Official may require that technical data be submitted to substantiate the safety and feasibility of the proposed use of any plastic sign material as a condition of approval of such proposed use. Such data shall include information concerning the strength of such material. 3.01.3. Minimum clearances. (a) Clearance from high voltage power lines. Signs shall be located so as to provide the minimum clearances m the following table. The term overhead conductors as used m this section means any electrical conductor either bare or insulated, installed 30 above the ground, except such conductors as are enclosed in iron pipe or other material covering of equal strength. Clearance From Overhead Electrical Conductors Voltage of Su 1 Conductors Minimum clearances (feet) Horizontal, Vertical or Radial 300 to 8,700 8 8,700 to 15,000 8 15,000 to 50,000 10 50,000 to 138,000 20 138,000 to 345,000 30 (b) Clearance from fire escapes, exits or standpipes. No sign shall be erected in such a manner that any portion of rts surface or supports will interfere m any way with the free use of any fire escape, exit or standpipe. (c) Obstruction of openings. No sign shall obstruct any opening to such an extent that light or ventilation is reduced to a point below that required by law or ordinance. No such sign shall be within twenty four (24) inches of such opening. Signs erected within five (5) feet of an exterior wall m which there are openings within the area of the sign shall be constructed of noncombustible material or approved plastics. SECTION 3.02 TEMPORARY SIGNS 3.02. General. No temporary sign shall exceed sixty (60) square feet m area. Temporary signs of rigid material shall not exceed thirty-two (32) square feet m area nor shall they exceed six (6) feet m height. If more restrictive height or size requirements are established for specific categories of temporary signs pursuant to any city ordinance or policy the more restrictive requirements shall prevail. Temporary signs may remain m place only so long as they remain m a good state of repair but not to exceed that period of time contemporaneous with the purpose for which such sign was so placed. Temporary signs shall comply with the requirements of Section 6 402 of the zoning ordinance. SECTION 3.03 -CLOTH SIGNS 3.03. Cloth signs. Every temporary cloth sign shall be supported and attached with wire rope ofthree-eighth-inch minimum diameter No strings, fiber ropes or wood slats shall 31 be permitted for support or anchorage of such sign. Cloth signs and panels shall be perforated on at least ten (10) percent of their area m order to reduce wind resistance. Exception. Temporary cloth signs not exceeding sixty (60) square feet erected on or over pnvate property shall be supported and attached with wire rope so as to be in compliance with the requirements of Article III of this code. SECTION 3.04 ELECTRICAL 3.04.1 General. All electrical installation relating to signs, outline lighting or other equipment under the authority of this code shall be installed, replaced, removed, altered, repaired or maintained m accordance with the provisions of the Electrical Code. 3.04.2. Specific. Article 600 10 of the Electrical Code, as rt is related to this code, is amended as noted herein. *Article 600.10 of the Electrical Code, as it is related to this code is amended as noted herein. 600.10. Portable or Mobile Signs. Interior Shall be those scans that are small in nature usually hung from hooks in the wall or ceilma with an electrical cord for nlu~ m or direct connection to an electnca_1 source. These suns shall not be permitted to be installed in an outside location Exterior Shall be those suns that are set on the exterior usually but not always in the parlan~ lot, hmrted m size as described m the Zomn~ and Sign Code some of which may have wheels installed to Hermit the towing behind a vehicle 600.11. Interior. (A) Support. Portable or mobile signs shall be adequately supported and readily movable without the use of tools. (B) Attachment Plug. An attachment plug shall be provided for each portable or mobile sign. (C) Wet or Damp Location. Portable or mobile signs in wet or damp locations shall comply with 600.10(C)(1) and (C)(2). (1) Cords. All cords shall be humor hard service or hard service types as designated m Table 400 4 and have an equipment grounding conductor (2) Ground Fault Circuit Interrupter Portable or mobile signs shall be provided with factory installed ground fault circuit interrupter protection for 32 personnel. The ground-fault circuit interrupter shall be an integral part of the attachment plug or shall be located m the power-supply cord within 12 m. (300 mm) of the attachment plug. (D) Dry Location. Portable or mobile signs m dry locations shall meet the following. (1) Cords shall be SP 2, SPE 2, SPT 2, or heavier as designated in Table 400 4 (2) The cord shall not exceed 15 ft (4.5 m) in length. 600.12. Exterior. (A) Exterior portable or mobile signs shall not be illuminated by any electrical source Those suns equipped v~nth an electrical cord shall have rt removed. (B) Suns shall be adequately secured to prevent overturning by wind. SECTION 3.05 -MARKERS 3.05. Markers identifying sign owners and registration numbers. (a) On-premises signs. There shall be placed and mamtamed m plain view on each detached on-premises sign not specifically exempt herein athree-inch by five-inch marker that identifies the person, firm or corporation owmng or controlling the sign. The marker shall be placed on the detached sign not to exceed eleven (11) feet above ground level. (b) Off-premises signs. All off-premises signs shall display a placard on the lower portion of the message or edging board that identifies the person, firm or corporation owmng or controlling the sign. Those signs required to be registered m accordance with Section 5 O1 shall also display the sign registration number m the same location. The placard shall be placed m a location with letters and.numbers that are visible from the street and are at least five (5) inches high. SECTION 3.06 -MAINTENANCE 3.06. Maintenance of signs. Each sign, together with its support braces, guys, anchors and footing shall be kept in repair and mamtamed in good condition. The display surface of each sign shall be kept neatly painted or posted at all times. For alterations and maintenance of off premise signs, see Section 5 02.3 and 6 405 of the Zoning ordinance. 33 ARTICLE IV -ENCROACHMENTS, TRAFFIC HAZARDS AND PROHIBITED SIGNS SECTION 4.01 ENCROACHMENTS 4.01.1 Requirements. (a) No person shall post, fasten, erect, display or locate any sign on any structure, tree, pole, curb or elsewhere within the right-of way of any public street or upon any public property without the permission of the city council, with the exception of directional and warning signs installed m the public right-of way by a government agency Except as provided m paragraph (d) below no sign shall encroach into a public right-of way until an encroachment agreement has been executed with the city and a policy of public liability insurance for such encroachment has been secured as provided m the Building Code. (b) No sign with a clearance of less than eleven (11) feet (measured from the bottom of the sign) shall encroach over street right-of way A sign with a clearance of eleven (11) feet or more may project a maximum of two (2) feet over the street right-of way if approved by the Building Official as provided m the Building Code. (c) No sign with a clearance of less than sixteen (16) feet shall project into a public alley A sign with a clearance of sixteen (16) feet or more may project a maximum of six (6) inches into a public alley if approved by the Building Official as provided m the Building Code. (d) The city council may authorize the city traffic engineer under specified guidelines to permit temporary public interest signs which encroach into the public right of way Temporary cloth signs which extend over a public street shall have a minimum clearance of twenty (20) feet. (e) Hospitals and hospital distracts proposing to erect signs prohibited by subsections (b) and (c) of this section shall be permitted to erect same, provided that such signs are for the purpose of public instruction, traffic control and similar uses incidental to the public interest and are not business signs, and provided further that the city council has approved the location of such signs and that the hospital or hospital district has executed an encroachment agreement with the city and has secured a policy of public liability insurance for such encroachment as provided m the Building Code. 4.01.2 Existing sign encroachments. The owner of any existing .sign which encroaches into the public right-of way shall apply for and execute an encroachment agreement with the city and furnish public liability insurance coverage within six (6) months from the effective date of this code. The owner of any such encroaching sign who fails to comply with this section~shall be deemed to be m violation of this code and shall be subject to the penalties contained herein. In addition, any such sign that is not subject to a valid 34 encroachment agreement wrthm the time stated above shall be deemed an illegal sign and shall be subject to removal at any time 4.01.3. Fee. In addition to those fees otherwise required by this chapter an initial application fee and annual inspection fee shall be levied for all approved sign encroachments. Such fees shall be as provided m the Building Code. 4.01.4 Removal of encroachment constituting obstruction. Any sign encroachment that does not meet the requirements of this code or the Building Code shall be deemed an obstruction into such right-of way The Building Official shall notify m writing the record owner of such sign or record owner of that property upon which such sign is located to correct the violation or to remove such obstruction wrthm thirty (30) days, after which time the city may abate such obstruction and affix a hen against the property for the cost involved. SECTOION 4.02 -TRAFFIC HAZARDS 4.02.1. Traffic Location Restrictions. (a) No sign with a ground clearance of less than eleven (11) feet may be erected wrthm twenty (20) feet of a dnveway or other ingress/egress to the property nor shall any such sign be erected within any corner clip or public open space easement (p.o.s.e.) No sign pole shall be greater than ten (10) inches m diameter wrthm such a corner clip or p o.s.e. See Figure 4 02.1 Exception In one and two-family yards a sign may be wrtlun twenty {20) feet of a dnveway When the sign is wrthm ten (10) feet of the back of the curb, or street edge when without a curb, rt must be in compliance with all of the following provisions. (1) No sign shall be permitted in the nght-of way (2) When not m the right-of way no sign shall be permitted wrthm three (3) feet of the back of the curb or street edge when without a curb (3) Signs that are not m the right-of way may be more than three (3) feet and wrthm ten (10) feet of the back of the curb, or street edge when without a curb, provided the maximum height is four (4) feet and the size does not exceed eight (8) square feet. (b) Hospitals and hospital distncts proposing to erect signs prohibited by subsection (a) of this section shall be permitted to erect same, provided that such signs are for the purpose of public instruction, traffic control and similar uses incidental to the public interest, and are not. business signs, and provided further that the city council has approved the location of such signs and, if applicable, that the hospital or hospital district has executed an encroachment agreement with the city and has secured a policy of public liability insurance for such encroachment as provided m the Building Code. 35 4.02.2. Traffic Location Prohibited signs. Signs with the following characteristics shall not be erected wrtlun that cross-hatched area as indicated by Figure 4 02.2. (a) Revolving signs; (b) Signs obscuring or mterfering•with the operation of traffic control devices, (c) Signs employing lights colored similarly to those used in traffic control and emergency devices. Such colors shall include by way of example but not limrtahon, red, amber green and blue. SECTION 4.03 -PROHIBITED SIGNS 4.03.1. Prohibited signs. The following signs are prohibited. (a) Those employing hghtmg with a brilliance of 150 Foot Lamberts or more where such hghtmg is directed at any roadway (b) Animated signs, flashing signs, running light or twinkle signs, and revolving signs that revolve or rotate at a speed greater than ten (10) revolutions per minute. Nothing contained herein shall be construed to prohibit time and temperature or other public interest electronic message signs which otherwise conform to the provisions of this Code. (c) Those that obstruct vision of ingress or egress to property adjacent to any public street, avenue or highway 36 Figure 4 02 1 Traffic Hazard Clearance property 37 Figure 4 02 2 Traffic Hazard Clearance -.~ I 30' from street curb 38 ARTICLE V -OFF PREMISE SIGNS SECTION 5.01 REGISTRATION OF OFF PREMISE SIGNS 5.01. Registration of off-premise signs. (a) The owner of any off-premises sign existing within the City of Fort Worth on November 5 1997 shall register such sign with the Building Official and pay the registration fee as required in Table 5 O1 on or before January 2, 1998 The owner of any off-premises sign m the extraterntonal jurisdiction shall register such sign with the Building Official and pay the registration fee as required in Table 5 O1 on or before October 1 2000 Exceptions. Signs listed in Section 6 402 of the zoning ordinance or Section 5 02.2 and signs subject to a unified sign agreement shall be exempt from the registration requirements. (b) The owner of any off premise sign installed after November 5 1997 shall submit an application for registration simultaneously with the sign permit application. This initial registration shall be exempt from the registration fee as required m Table 5 01 If the sign permit is approved and the sign constructed, this initial registration shall expire three (3) years after the date of permit application. Exceptions. Signs fisted m Section 6 402 of the zoning ordinance and signs subject to a unified sign agreement shall be exempt from the registration requirements. (c) Registrations approved under paragraphs (a) and (b) above and all renewals shall expire after three (3) years. Before such registration or renewal expires the registration must be renewed and the registration fee must be paid m accordance with Table 5 O1 It is the owner's responsibility to monitor expiration dates and to renew the registration m a timely manner Exceptions Based upon staffing and work loads, the Building Official may adjust expiration dates to be less than three (3) years as long as the fees are appropriately prorated. (d) Registration shall be applied for on forms provided by the Building Official. The Building Official may require the filing of plans or other pertinent information when, m his opinion, such information is necessary to insure compliance with this section. Whenever information on the form changes, including but not limited to names and addresses, a new registration form shall be filled out by the owner and submitted to the Building Official within thirty (30) days, along with a change of record fee as required by Table 5 O1 39 (e) A late fee shall be assessed against the owners of off premises signs who fail to register as required by this section. The late fee as shown in Table 5 O1 shall be assessed if the registration fee is not received within ten (10) calendar days after the due date. Failure to register or renew registration of a sign within thirty (30) calendar days after the due date in accordance with the provisions of this section shall constitute a violation of this code. TABLE 5 O1 Sign registration, per 3 years $75 00 Late fee $50 00 Change of record $10 00 SECTION 5.02 OFF PREMISES SIGNS IN THE EXTRATERRITORIAL JURISDICTION 5.02.1 General. Off-premises signs in the extratemtorial jurisdiction shall comply with this code, with the exception of exempt signs identified m Section A01.3 This code does not apply to on-premises signs m the extraterritorial ~urisdichon. 5.02.2. Construction of off-premises signs prohibited in extraterritorial jurisdiction. The construction ofoff-premises signs is hereby prohibited in the extraterritorial jurisdiction, with the following exceptions, which may be constructed m the extraterritorial jurisdiction without obtaining a permit pursuant to Chapter C 1. Subdivision directional signs are permitted, subject to the following: a. Signs shall be a maximum size of sixty four (64) square feet. b. Signs may placed only on unimproved property with the permission of the owner c. Signs must be placed at least one hundred (100) feet from any other subdivision or developer signs. d. Signs may be erected for a maximum of one year unless an additional one year extension is given by the city council. The city council may approve a maximum of two (2) one-year periods. 2. Homebuilder signs are permitted, subject to the following: a. Signs will be allowed between noon Friday and noon Monday only b. Signs shall not exceed twenty four (24) inches by thirty (30) inches m size, nor shall they be installed more than four (4) feet above grade. c. Signs shall have a minimum separation of twenty five (25) feet and signs for any one (1) advertiser must be at least. two hundred (200) feet apart. d. Signs shall not be located closer than forty (40) feet to street intersection. e. Signs shall not be located in the public right-of way f. Signs shall not be located more than three (3) miles from the subject property g. Signs shall be rigid, two-dimensional displays that advertise only new one and two-family properties for sale. 40 b. Written permission shall be obtained from owners of property where sign is located. 3. Temporary public interest signs, mcludmg portable signs and banners, announcing activities or other events of a public, civic, philanthropic or religious organization, are permitted, subject to the following: a. Signs shall be a maximum of sixty (60) square feet. b. Only one (1) such sign shall be allowed per platted lot per street frontage. c. No piggy-backing'of signs is allowed. d. No temporary sign shall be located within one hundred (100) feet of another temporary signs. e. Temporary signs shall be maintained for no more than three (3) weeks. 5.02.3 Alteration of off-premises signs in extraterritorial jurisdiction. Off premises signs m the extraterritorial ~unsdiction may be altered only as follows 1. Advertising copy including letters, symbols, or other matter on the sign, may be changed, mcludmg the exchange of display faces that are designed to be interchangeable to facilitate the display of advertising copy provided, however display faces that are designed to be permanently attached to the supporting sign structure may be replaced only with display faces composed of like materials, e g. a plywood display face may be replaced only with a plywood display face. Display faces may be replaced only with display faces that are the same size or smaller than the size initially registered m accordance with Section 5 O1 plus cut-out extensions that do not exceed twenty (20) percent of the registered sign area. The temporary use of a sign with a display face that is smaller than the size that was initially registered shall not bar the replacement of the display face with a larger display face, provided that rt shall not exceed the size reflected m the initial registration. Notwithstanding .anything herein to the contrary vinyl, paint, or pasted paper may be affixed to a display face composed of any material, 2. A sign which has been blown down or otherwise destroyed by wind, fire or damages from any other source, may be repaired, provided that the cost of repairing the sign is sixty (60) percent of the cost of erecting a new sign of the same type at the same location, or less. If the cost of repairing the sign is more than sixty -(60) percent of the cost of erecting a new sign of the same type at the same location, the sign may not be altered, reconstructed, repaired or replaced, and the owner shall remove the sign or bring rt into compliance with this chapter and all other applicable ordinances, and 3. Maintenance operations may be performed on the sign. For purposes of this section, 'maintenance operations means the process of keeping a sign m good repair Maintenance operations include (1) cleaning; (2) painting; (3) repair of parts with like materials m a manner that does not alter the basic design or structure of the sign, provided that the cost of all repairs performed during any consecutive three hundred sixty five-day period is not more than sixty (60) percent of the cost of erecting a new sign of the same type at the same location, and (4) replacement of parts with like materials m a manner that does not alter the basic design or structure of the sign, provided that the cost of all replacement of parts performed during any consecutive three hundred sixty 41 five-day penod is not more than sixty (60) percent of the cost of erecting a new sign of the same type at the same location. Examples of actions that are not maintenance operations and are therefore prohibited include, without limitation. (1) converting a sign from a multiple pole structure to a monopole structure; (2) replacing wooden components wrthmetal components, (3) increasing the area or height of a sign, except for increases m area permitted under subsection (1) above, (4) adding illumination to anon-illuminated sign, (5) adding additional display faces, and (6) converting a sign to utilize animated display or moveable copy technology mcludmg but not limited to signs featuring Tri- Vision technology If a sign is dismantled for any purpose other than an alteration or maintenance operation permitted hereunder the sign may not be altered, reconstructed, repaired or replaced, and the owner shall remove the sign or bring rt into compliance with this chapter and all other applicable ordinances. 4. All other alterations of any nature whatsoever m connection with nonconforming signs are prohibited. If any such alteration is performed, the owner shall remove the sign or bring rt into compliance with this chapter and all other applicable ordinances. The cost of any accessory use to a sign, mcludmg without hmrtahon a communication antenna and support facilities, shall not be included m calculating the cost of erecting a new sign at the same location pursuant to subsections (2) and (3) above. Sec. 29-2 Effect of Conflict with Other Ordinances. This chapter 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. Sec. 29-3 Penalty for violation. 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 2 Sec. 29-4 thru 29-138. Reserved. 42 SECTION 3. This 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 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, 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. 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 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 criminal, 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 7 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 43 public, and the operative provisions of this ordinance as so published shall be admissible m evidence in all courts without further proof than the production thereof, as provided in Chapter XXV Section 3 of the Charter of the City of Fort Worth, Texas. SECTION 8. The City Secretary of the City of Fort Worth, is hereby directed to publish the caption and Sections 1 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 Assis City Attorney Adopted. 4-13-04 Effective: `-`~'~ 03-24-04 44 ,y. City of Fort Worth, Texas Mayor and Council Communication SUBJECT Adopt and Amend the 2003 Editions of the International Building Code International Residential Code International Mechanical Code International Plumbing Code International Fuel Gas Code international Energy Conservation Code the 2002 Edition of the National Electrical Code and to Reformat and Update the Sign Code RECOMMENDATION It is recommended that the City Council• Adopt the attached ordinances which included the following list of items. 1 Adoption of the 2003 International Building Code (IBC) with local amendments as the Building Code of the City of Fort Worth and 2. Adoption of the 2003 International Residential Code (IRC) with local amendments as the Residential Code of the City of Fort Worth and 3 Adoption of the 2003 International Mechanical Code (IMC) with local amendments, as the Mechanical Code of the City of Fort Worth and 4 Adoption of the 2003 International Plumbing Code (IPC) and the 2003 International Fuel Gas Code (IFGC} with local amendments as the Plumbing Code of the City of Fort Worth and 5 Adoption of the 2003 International Energy Conservation Code (IFGC) with local amendments as the Energy Code of the City of Fort Worth and 6 Adopt an ordinance to amend the Sign Code to update the structural provisions to correspond with the 2003 IBC and to reformat the administrative provisions and 7 Defer consideration on the 2002 National Electrical Code (NEC) Ordinance with local.-amendments to on or before May 4 2004 DISCUSSION Construction codes are constantly changing with the development of new products materials and methods, and research performed in the building construction industry Updates to existing codes are reviewed and voted on nationally on an annual basis Every three years new sets of codes are published with the cumulative annual changes incorporated The 2003 set of International Codes and 2002 National Electrical Code, are the newly published set under review by the Development and Fire Departments. Logname 062003ICODES Page 1 of 2 ~~ Staff has put together an amendment package that is believed to best fit these codes to the Fort Worth construction environment. As with every code cycle staff attempts to identify those code items that will affect industry the most and permit an opportunity to respond with their concerns. In this code cycle, one item has surfaced as the most controversial. Usage of Non-Metallic (NM) cable in high-rise apartment buildings has been proposed by the Building Official Current amendments to the Electrical Code have expanded the allowable usage of NM cable to include up to five story apartments Staff has proposed an amendment, already approved by the Construction and Fire Prevention Board to allow up to five story apartments with wood studs and up to four story apartments with meta{ studs. However staff has also proposed an amendment, not approved by the Board by a 5-2 vote to allow NM cable in metal stud apartments above the four story level (which gets up into high-rise apartments) if installed after the apartment breaker box. Hence the phrase (NIVI) cable in high-rise apartment buildings Data has already been presented by staff showing that: 1 There is no documented extra fire hazard with the usage of NM cable over any other wiring method 2 There will not be an increase in insurance rates and 3 There will not be any increase hazard to fire fighters and 4 While others try to refer to this as `Residential Wiring" there is no such reference in the National Electrical Code NM cable is an approved wiring method in commercial and residential uses including apartments. During April 6 2004 Pre-Council Worksession staff was directed to study the safety issues related to the NM wiring within the staffs recommended amendments to the 2002 NEC For this reason consideration of the adoption of the electrical code and related local amendments is being deferred to a date on or before May 4 2004 Approval of the attached ordinances will establish an effective date of April 18 2004 FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that this action will have no material effect on City funds TO Fund/Account/Centers FROM. Fund/AccountlCenters Submitted for City Manager's Office bv. Reid Rector (6140) Oriainating Department Head. Bob Riley (8901) Additional Information Contact: AI Godwin (7825) Tim A. Fleming (7844) Logname• 062003ICODES Page 2 of 2