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HomeMy WebLinkAboutOrdinance 14043ORDINANCE NUMBER AN ORDINANCE AMENDING THE FORT WORTH BUILDING CODE, BY PROVIDING FOR THE COMBINING OF THE ELECTRICAL, MECHANICAL AND PLUMBING BOARDS WITH THE CONSTRUCTION AND FIRE PREVENTION BOARD OF APPEALS, PROVIDING PENALTIES FOR THE VIOLATION THEREOF, PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE, 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 Section 7-47 of the Code of the City of Fort Worth (1986) is amended as follows SECTION 105 *Section 105(105.1 through 105.13), changed to read as follows. Construction and Fire Prevention Board of Appeals 105.1 General. The Crty Council finds that there is a need to provide the citizens of the Crty of Fort Worth, Texas, with safe, affordable, and well constructed housing, commercial buildings and other structures in which these citizens can work, play and live. It is the specific intent of the Crty Council that standards for construction and fire prevention be used for the welfare and safety of the City's citizens. The City Council finds that construction and fire prevention standards change from time to time and that these standards should stay current with modern practices of construction and fire safety In carrying out these purposes, rt is the intent of the City Council that such construction and fire prevention standards be adopted as outlined herein and that a Construction and Fire Prevention Board of Appeals be given cognizance over matters pertaining thereto It is the intent of the City Council that compliance with the construction and fire prevention standards contained herein is the responsibility of the citizens and business to which they apply; and that neither the Construction and Fire Prevention Board of Appeals nor the Crty of Fort Worth, its officers, agents and employees, shall be liable or responsible for any errors or omissions arising out of the enforcement or failure to enforce these standards. 105.2 Creation of Board. The Crty Council hereby establishes a Construction and Fire Prevention Board of Appeals (the Board) for the purpose of determining the acceptability and adequacy of materials, equipment, and methods of construction. The Crty Council shall adopt construction and fire prevention standards which will be applicable throughout the Crty Construction and fire prevention standards shall include but not be hmrted to the Building Codes (Building, Electrical, Mechanical and Plumbing Codes), the Minimum Building Standards Code, the Sign Code, and the Fire Codes as maybe adopted by the Crty Council and amended from time to time 105.3 Composition of Board; Appointment of Members. The Board shall consist of eleven members, with three alternate members, to be appointed in the following manner Place 1 Architect -Nominated by the Fort Worth Chapter of the American Institute of Architects Place 2 Engineer (with Mech/Elec/Plum, or structural background) - Nomsnated by the Fort Worth Branch of the Texas Society of Professional Engineers Place 3 Fire Protection Engineer or Fire Protection Professional - Nommated by the Crty Manager Place 4 Home Builder -Nominated by the Fort Worth Home Builder's Association Place 5 General Contractor -Nominated by the Fort Worth Chapter of the Associated General Contractors Place 6 Building Owner or Manager -Nominated by the Building Owners and Managers Association of Fort Worth Place 7 Hazardous Materials and Chemicals Expert -Nominated by the Crty Manager Place 8 Permit Master Electrician -Nominated by the Crty Managed Place 12. Alternate Permit Master Electrician -Nominated by the Crty Managers Place 9 Master Plumber -Nominated by the City Manager2 Place 13 Alternate Master Plumber -Nominated by the City Manager2 Place 10 HVAC contractor -Nominated by the City Manager3 Place 14 Alternate HVAC contractor -Nominated by the City Manager3 Place 11 Fire Insurance Underwriter - Nom>nated by the Crty Manager ' Before forwarding recommendation to City Council, the City Manager shall allow for comments from the local chapters of National Electrical Contractors Association and Independent Electrical Contractors Association concerning any objections to the recommendation. z Before forwarding recommendation to City Council, the City Manager shall allow for comments from the local chapter of Plumbing- Heating-Cooling Contractors Association concerning any objections to the recommendation. ' Before forwarding recommendation to City Council, the City Manager shall allow for comments from the local chapters of Air Conditioning Contractors of America and Refrigeration Service Engineers Society concerning any objections to the recommendation. The Crty Manager shall appoint members, or alternate members, to the Board from t><me to time subject to the consent of the Crty Council. If nominations are not received from nom>,natmg organizations wrthm 45 days of the date when requested, the Crty Manager may entertain nominations from other sources. Whenever any reference to the Bu><ldmg Code Board of Appeals, the Electr><cal Board, the Mechanical Board, or the Plumbing Board a,s made >n any ordinance adopted prior to this ordinance, such reference shall be deemed to refer to the Construct>on and Fire Prevention Board of Appeals as created herein. Worth. All members, upon being sworn m, shall become officers of the Crty of Fort 105.4 Terms of Members. Members, and alternate members, shall serve two year terms. Members, and alternate members, appointed to odd numbered places shall serve terms which expire October 1 of odd numbered years. Members, and alternate members, appo>nted to the even numbered places shall serve terms which expire October 1 of even numbered years. No member, or alternate member, shall serve more than a total of three consecutive two-year terms. After a break >,n serv>,ce of at least two years, a member or alternate member may again be el><gible to serve Members, and alternate members, shall serve until their successors are appointed. 105.5 Successors; Removal from Office. Should any member, or alternate member, of the Board die, become unable to act for any reason, resign or be removed for cause, as hereinafter provided, the Crty Manager shall appoint a successor to fill the unexpired term or to serve unt>1 a new member, or alternate member, can be duly appointed. An alternate member shall automatically move to fill a vacant member posrt><on of the same category, provided he has not exceeded the totally number of years allowed to serve. The City Council may remove any member, or alternate member, of the Board during the term of which he may be appointed. The action of the City Council m such matters shall be final. 105 6 Compensation of members. All members, and alternate members, shall serve without compensation, except for reimbursement for authorized expenses attendant to the performance of their duties 105.7 Ex-Officio Members. The Building Official and the Fire Chief or their designated representatives shall be ex-officio members of the Board. Ex-officio members will submit a report by October 31 of each year which shall contain an overview of the past fiscal year's operation. The Board may make recommendations to the City Council for amendments to standards as needed throughout the year 105.8 Meetings, Quorum. All meetings of the Board shall be open to the public as provided by law The Board shall hold meetings as regularly scheduled, unless canceled, and at such time and place as called by the Chairman or one lawfully acting in that capacity Six (6) members of said Board shall constitute a quorum to transact business. Every matter before the Board for vote shall require for final passage the affirmative vote of a ma~orrty of the members present and voting; except that variances shall require the affirmative vote of six (6) members to grant a variance Members present, including the Chair, shall vote unless required to abstain due to conflict of interest. Alternate members may participate m discussions, but may not vote or be counted as part of the quorum, except that in the absence of the primary member or when the primary member is required to abstain, the alternate member may be counted and allowed to vote in that members place. Ex-officio members may not vote and do not count toward a quorum. 105.9 Hearing. The Board shall fix a reasonable time for the hearing of an appeal and shall give notice of said hearing m writing to the parties m interest. Parties may appear before the Board in person, by agent or by attorney The Board may require additional data and tests necessary for adequate decision of the appeal. The Board shall notify the appellant of its decision. 105.10 Bylaws. The Board shall hold an organizational meeting m October of each year, or as soon as possible thereafter, at which time it shall elect a Chairman and Vice-Chairman before proceeding to other matters of business. Alternate members may not serve as Chairman or Vice-Chairman. The Board shall establish its own rules of procedure and shall amend them from time to time as it deems necessary The Building Official shall serve as Secretary to the Board. 105.11 Agenda and Records. The agenda for the Board shall be prepared by the Secretary and shall be posted as required by law All records and evidence pertinent to any appeal shall be transmitted to the Board prior to the hearing by delivery to the Secretary Records of all appeals shall be kept in the office of the Building Official. The Building Official shall transmit copies of appeal records to the Fire Chief. 105.12 Right of Appeal. Any person, firm, company or corporation aggrieved by a decision or order of the designated official or Fire Chief may appeal such decision or order to the Board if rt falls wrthm the Board's authority Every appeal must be filed m writing on the form provided by staff with the Secretary wrthm thirty (30) days from the date of the decision or order appealed from. The Board shall not consider any appeal that is filed after the thirty (30) day period. Such appeal shall contain appropriate reference to the decision or order appealed from, as well as the grounds for the appeal. At the time of filing an appeal, the appellant shall pay anon-refundable appeal fee as set forth in Table No 1-B EXCEPTION The fee will not be required for those applicants meeting exceptions 1, 2 or 3 of Section 107.2 105.13 Authority and Power. The Board shall have no authority relative to the administrative provisions of any of the codes under its purview The Board shall have the authority and power to 1 Hear appeals on interpretations by the designated official on the Building Codes (Building, Electrical, Mechanical and Plumbing Codes) The Board may modify in whole or in part or may affirm the interpretation of the designated official. No interpretation shall be heard by the Board until the designated official has rendered a written interpretation. It shall be incumbent upon the designated official to render a written interpretation wrthm thirty (30) days of receipt of written request. 2 Hear appeals on interpretations by the Fire Chief on the Fire Code. The Board may modify m whole or m part or may affirm the interpretation of the Fire Chief. No interpretation shall be heard by the Board until the Fire Chief has rendered a written interpretation. It shall be incumbent upon the Fire Chief to render a written interpretation wrthm thirty (30) days of receipt of written request. 3 Approve alternate methods of construction and fire prevention where rt is impractical to meet the adopted construction and fire prevention standards, provided that the Board finds the same degree of suitability, strength, effectiveness, fire resistance, durability, sanitation and safety exists in the alternate method as intended by the standards. 4 Approve new methods of construction and fire prevention not covered by the construction and fire prevention standards, provided that the Board finds the same degree of suitability, strength, effectiveness, fire resistance, durability, sanitation and safety exists in the new methods as intended by the standards. The Board, m approving new materials and processes, shall rely upon recognized standards or practices. 5 Determine the acceptability and adequacy of materials, equipment and methods of construction of signs. Hear appeals on interpretations by the Building Official on the Sign Code of the City of Fort Worth. The Board may modify in whole or m part or may affirm the interpretation of the Building Official. No interpretation shall be heard by the Board until the Building Official has rendered a written interpretation. It shall be incumbent upon the Building Official to render a written interpretation within thirty (30) days of receipt of written request. 6 At the request of staff or the Board, review all technical amendments to the Minimum Building Standards Code of the Crty of Fort Worth. Hear appeals on interpretations by the designated official on sections of the Minimum Building Standards Code that are designated as Building, Electrical, Mechanical, Plumbing or Fire Code related. The Board may modify in whole or in part or may affirm the interpretation of the designated official. No interpretation shall be heard by the Board until the designated official has rendered a written interpretation. It shall be incumbent upon the designated official to render a written interpretation within thirty (30) days of receipt of written request. 7 Grant variances to the non-administrative provisions of the Building Codes (Building, Electrical, Mechanical and Plumbing Codes), sections of the Minimum Building Standards Code that are designated as Building, Electrical, Mechanical, Plumbing or Fire Code related, the Fire Code, and the Sign Code, when m the opinion of the Board, and based upon the presentation of valid data, the applicable provisions are unreasonable and/or unrealistic to a particular site, building or structure The Board shall use its good judgment m granting such variances, balancing the code requirement to protect life, health, structural safety and the reasonableness of the requirement. It shall take the affirmative vote of six (6) members to grant a variance. 8 The Board may review from time to time the provisions of the respective codes and recommend any necessary changes and/or improvements to the City Council. This review shall include consideration of suggestions from industry or the public at large which shall be obtained by means of open hearing as well as through the regular channels. 9 Hear appeals for revocation or denial of licenses or registrations, or the denial of permit issuance as required by the respective codes 10 Review the qualification and testing standards of alternate examining Agencies and make advisory recommendations to the Building Official as authorized m the Electrical Code 11 Establish and review criteria for electrical license reciprocal agreements with other cities. Approve, reject or discontinue such agreements m accordance with the Electrical Code. 105.14 Enforcement. The Building Official and Fire Chief shall enforce and execute all legal decisions and orders of the Board for which they are respectively responsible 105.15 Stay of Proceedings. An appeal shall stay all proceedings in connection with the decision or order appealed from, unless and until the Building Official or Fire Chief shall have certified to the Board after notice of appeal has been filed that a stay would cause hazard to life or property Any work done contrary to the order of the Building Official or Fire Chief after filing an appeal hereunder, pending the determination of such appeal, shall be subject to nullification should the order be affirmed and may not be considered by the Board as mitigating or extenuating circumstance 105.16 Court Review. A person, firm, company or corporation aggrieved by a decision or order of the Board may present to a District Court a petition, duly verified, setting fourth that such decision is illegal, m whole or m part, specifying the grounds of illegality Such petition shall be presented to the Court within ten (10) calendar days after the date of the decision of the board. SECTION 2 This article shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this article are m direct conflict with the provisions of such ordinances and such Code, m which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3 It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy, or maintain any building or structure in the City or cause the same to be done contrary to or in violation of any of the provisions of this Code Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with or who resists enforcement of any of the provisions of this Code with respect to fire 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 is permitted to exist shall constitute a separate offense. 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~udgment or final decree of any court of competent jurisdiction, such voidness, ineffectiveness, or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such void, ineffective, or unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 5 This ordinance constitutes a digest and revision of the Building Code of the City of Fort Worth, as provided in Section 2, Chapter XXV, and Section 9, Chapter XXVII, of the Charter of the City of Fort Worth. The Development Department of the City of Fort Worth, Texas, is hereby authorized to publish this ordinance in pamphlet form for general distribution among the public, and the operative provisions of this ordinance, as so published, shall be admissible in evidence m all courts without further proof than the production thereof, as provided in Chapter XXV, Section 3, of the Charter of the Crty of Fort Worth, Texas. SECTION 6 The City Secretary of the City of Fort Worth, is hereby directed to publish the caption, penalty clause, and effective date of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas as authorized by Section 2, Chapter XXV of the Charter of the City of Fort Worth, Texas and by Section 52.013 (a) of the Texas Local Government Code SECTION 7 This ordinance shall be in full force and effect March 1, 2000, and it is so ordained. ~~ ~~~~ ~ Assistant City Attorney Date Adopted. ' • ~ • ~~ Effective 3 ~ / Q 12-11-99 City of Fort Worth, Texas ~1~Ayor And ouncil a~rtmun~cAt~ion e c DATE REFERENCE NUMBER LOG NAME PAGE 1/4/00 G-12777 06MERGE 1 of 2 SUBJECT AMENDMENT OF CITY -CODE TO MERGE THE ELECTRICAL, MECHANICAL AND PLUMBING BOARDS WITH THE CONSTRUCTION AND FIRE PREVENTION BOARD OF APPEALS RECOMMENDATION It is recommended that the City Council approve the attached ordinances to merge the City's Electrical, Mechanical and Plumbing Boards into the Construction and Fire Prevention Board of Appeals, and discontinue the operation of the Electrical, Mechanical and Plumbing Boards as separate boards DISCUSSION After presentation to Pre-Council on September 21, 1999, staff was given direction to proceed with the following ordinances The Development Department currently supports four separate boards for different codes as follows • Construction and Fire Prevention Board of Appeals (Building, Fire and Sign Codes) • Electrical Board (Electrical Code) • Mechanical Board (Mechanical Code) • Plumbing Board (Plumbing Code) Due to a lack of appeals to the separate Electrical, Mechanical and Plumbing Boards, the removal of licensing authority from the Electrical Board by City Council action, and the difficulty of finding qualified applicants, those boards had little reason to meet, or did not have a quorum when attempting to meet. Many positions throughout the boards are duplicated as follows Engineers • two on the Construction and Fire Prevention Board • one on the Electrical Board • one on the Plumbing Board • two on the Mechanical Board Architects • one on the Construction and Fire Prevention Board • one on the Mechanical Board Mechanical Contractor and/or Air Conditioning Contractor • three on the Mechanical Board one on the Plumbing Board Electricians • two Masters and two Journeyman on the Electrical Board Plumbers • two Masters and two Journe man on the Plumbin Board City of Fort Worth, Texas ~11~A~ar And Caunc~l C,ammun~cAt~.an DATE 1/4/00 REFERENCE NUMBER G-12777 LOG NAME 06MERGE PAGE 2 of 2 SUBJECT AMENDMENT OF CITY CODE TO MERGE THE ELECTRICAL, MECHANICAL AND PLUMBING BOARDS WITH THE CONSTRUCTION AND FIRE PREVENTION BOARD OF APPEALS It has been difficult to find an adequate number of applicants who are residents and who are willing to volunteer time to serve Therefore, it is believed that the City can be appropriately and efficiently served with one board that contains a combination of the necessary expertise It is recommended that this ordinance take effect March 1, 2000 to allow time to organize the new board FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that these actions will have no material effect on City funds MG k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Mike Groomer 6140 f~Q~~~~~ Originating Department Head: 'e~T~ ~~~~~~~L Ann Kovich 8901 (from) t ~ AI ~ 21 Additional Information Contact: ,~ ~ ~~ ~~~~ ~, ~ ~ '~ ~~ Ann Kovich 8901 ~ ~ ,,w,'w r2 '~ fl `~1 ®''~ hi i.S ~,.'.i ~Li ~.ie l,.`i9tlC.Y1~~M~~ ~i 4tio ~~ A~~;1-iC~;f~ ~1`C4`!fa?CiC~ P~0 ~ ~~~;1'~.,~ irl ~~~c";i~%~ v ~