HomeMy WebLinkAboutOrdinance 15001
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ORDINANCE NO
AN ORDINANCE AMENDING THE FORT WORTH FIRE CODE,
BEING ORDINANCE X10 14652, WHICH INCORPORATED THE
2000 THE INTERNATIONAL FIRE CODE WITH APPENDICES, TO
AMEND SUBSECTION 3406.31.3, `BUILDINGS OF SECTION
3406.3, `WELL DRILLING AND OPERATING TO PROHIBIT AN
OIL OR GAS WELL TO BE DRILLED WITHIN 300 FEET OF A
BUILDING TO AMEND SUBSECTION 3406.31.3.2, `EXISTING
WELLS OF SECTION 3406.3, `WELL DRILLING AND
OPERATING TO ALLOW A BUILDING TO BE CONSTRUCTED
WITHIN 200 FEET FROM ANY EXISTING OIL OR GAS WELL TO
ADD SECTION 3406.31.3.3 `REDUCTION IN BUILDING
DISTANCE OF SECTION 3406.3, `WELL DRILLING AND
OPERATING TO ALLOW THE CITY COUNCIL TO REDUCE THE
DISTANCE A STRUCTURE CAN BE CONSTRUCTED FROM AN
EXISTING GAS OR OIL WELL PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE PROVIDING A
SEVERABILITY CLAUSE PROVIDING A SAVINGS CLAUSE
PROVIDING A PENALTY CLAUSE PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER, AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS on June 5 2001 the City Council of Fort Worth adopted Ordinance
No 14652 amending the Fire Code of the City of Fort Worth and incorporating the 2000
International Fire Code with Appendices, and
WHEREAS, Ordinance No 14652, as adopted in June, 2001 allowed an oil or gas
well to be dulled within 100 feet of buildings not necessary for the operation of a well and
allowed buildings to be constructed one (100) hundred feet from an existing oil or gas well,
and
WHEREAS, on December 11 2001 the City Council of Fort Worth adopted
Ordinance No 14880 establishing regulations for the dulling and production of
wrthm the hmrts of Fort Worth,
WHEREAS, Ordinance No 14880 requires all gas wells to be dulled at
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(300) hundred feet from any structure intended for human occupancy and
WHEREAS, Ordinance No 14880 does not address how close a structure intended
for human occupancy can be built from an existing gas well, and
WHEREAS, m order to provide continuity m the provisions of the Crty Code, it is
necessary to revise the- current Fire Code to conform with the newly adopted Gas Dnllmg
and Production Ordinance for well drilling; to provide how close a structure intended for
human occupancy can be built from an existing gas well and to provide how the
measurement is determined,
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS, AS FOLLOWS
SECTION 1
Section 13 1 of the Code of the Crty of Fort Worth (1986), incorporating the 2000 edition of
the International Fire Code is hereby amended to read as follows
SECTION 3406
WELL DRILLING OPERATIONS
Section 3406.3 1.3 amended to read as follows
Section 3406.3 1.3 Buildings. Wells shall not be drilled within 300 feet of buildings not
necessary to the operation of the well. Such distance shall be measured from the well
bore, in a straight line, without regard to mtervemng structures or objects, to the closest
exterior point of the building.
Section 3406.3 1.3.2 amended to read as follows.
Section 3406.3 1.3.2 Existing Wells. Where wells are existing, buildings not necessary
to the operation of the well shall not be constructed within 200 feet from any existing
well. Such distance shall be measured from the from the well bore, in a straight line,
without regard to mtervemng structures or objects, to the closest exterior point of the
building.
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Add Section 3406.3 1.3.3 to read as follows ~~~ ~C~~~~Q~
Section 3406.3 1.3.3 Reduction in Building Distance. The distance set o t 1, ~~~~~ ~~MB
3406.3 1.3.2 `Existing Wells" maybe reduced to 100 feet with the unanimou s o G~
all the surface property owners, the permitted well operator and the three fourths
affirmative vote of all City Council members.
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SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances and of the Code of
the City of Fort Worth, Texas (1986), as amended, except where the provisions of this
ordinance are m direct conflict with the provisions of such ordinances and such Code, in
which event conflicting provisions of such ordinances and such Code are hereby repealed.
SECTION 3.
It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase,
clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by
the valid judgment or decree of any court of competent jurisdiction, such 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 in this ordinance of any such unconstitutional phrase, clause, sentence,
paragraph or section.
SECTION 4
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this code with respect
to life safety shall be fined not more than Two Thousand Dollars ($2,000 00) for each
offense, and with respect to all other provisions of this code shall be fined not more than Five
Hundred Dollars ($500 00) for each offense. Each day that a violation exists shall constitute
a separate offense:
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SECTION 5. Q ~~~~c,~~ ~~
All nghts and remedies of the City of Fort Worth, Texas, are expr sl sat~t~'~M t~~
any and all violations of the provisions of Chapter 13 of the Code of the City of Fort Worth,
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as amended, or any other ordinance 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 6.
That the City Secretary of the City of Fort Worth, Texas is hereby directed to publish
this ordinance for two (2) days m the official newspaper of the City of Fort Worth, Texas, as
authorized by V T C.A. Local Government Code Subsection 52 013
SECTION 7
That this ordinance shall take affect upon adoption and publication as required by
law
APPROVED AS TO FORM AND LEGALITY
David Y tt, Crty Attorney
B C/G~, (~
Assistant i Attorney
ADOPTED ~' ~~ ~bC) ~,
EFFECTIVE
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Caty of Fort Worth, Texas
M,'Ayar and Council CommunicAt~an
DATE REFERENCE NUMBER LOG NAME PAGE
1 /15/02 G-13490 36GAS 1 of 1
SUBJECT ADOPTION OF ORDINANCE AMENDING SECTIONS OF THE FORT WORTH FIRE
CODE TO ALIGN WITH THE REQUIREMENTS OF THE OIL AND GAS WELL
ORDINANCE NO 14880
RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance amending Sections 3406 3 1 3
and 3406 3 1 3.2 of the Fort Worth Fire Code and adding Section 3406 3 1 3 3 in order to bring the
requirements of the Fort Worth Fire Code and the Oil and Gas Well Ordinance No 14880 in line relative
to the distance between wells and structures.
DISCUSSION
The proposed changes will provide for alignment between the Fort Worth Fire Code and the Oil and
Gas Ordinance No 14880 adopted on December 11 2001 The language contained in this ordinance
will assure that there are no inconsistencies between the statutes
This added language mandates that a building (other than such building necessary to the operation of
said well) not be constructed within 300 feet of an existing oil or gas well It also gives the City Council
discretion to reduce this distance to 100 feet with the unanimous consent of the property owners within
a 300-foot radius around the well
Additionally consistent with the recently adopted Oil and Gas Well Ordinance No 14880 all appeals of
the decisions of a designated official gas inspector or the Fire Chief shall be made to the City Council.
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that this action will have no material effect on City funds.
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Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Libby Watson 6183
Originating Department Head:
H. L. McMillen 6801 (from) APPROVED AS AMENDED
ORD #15001 3/5/02
Additional Information Contact:
H. L. McMillen 6801