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HomeMy WebLinkAboutOrdinance 13722;.c Fi .y ORDINANCE NUMBER ~ ~ 'J ~, AN ORDINANCE AMENDING THE FORT WORTH MECHANICAL CODE, BY PROVIDING FOR THE PLAN REVIEW AND THE INSPECTION OF BUILDINGS BY APPROVED THIItD PARTY ORGANIZATIONS, 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. SECTION 1 Section 7-167 of the Code of the City of Fort Worth (1986) is amended by inserting new amendments as follows SECTION C04 *Section C04.1. add an exception to the first paragraph to read as,follows. EXCEPTION When plan review is performed by a Third Party Organization as specified m Section C08, the Code Official, at his discretion, may only review what he deems necessary to insure a quality control of the review already performed. SECTION C06 *Section C06.1. change the exception to the~rst paragraph and add a second exception to read as follows. Exceptions 1 The requirements of this section shall not be considered to prohibit the operation of any equipment installed to replace existing equipment serving an occupied portion of the building in the event a request for inspection of such equipment has been filed with the Code Official not more than 72 hours after such replacement work is completed, and before any portion of such equipment is concealed by any permanent portion of the building. 6 2. When approved by the Code Official, the inspection process as required by this code may be performed by an approved Third Party Organization as specified m Section C08 SECTrC~~I C08 *Section C08. added to read as follows. Third Party Plan Review and Inspection C08.1 When approved by the Code Official, Third Party Organizations maybe permitted to perform the plan review and/or field inspection provisions of this code. When authorized to perform services, the Third Party Organization shall comply with the provisions of this section. C08.2 Plan Review. C08.2.1 Performance of plan review by a Third Party Organization shall not exempt or otherwise relieve the owner and/or other parties from the submittal for a permit with the appropriate plans as prescribed m this code C08.2.2 Along with the submittal of plans, documents as required by the Code Official shall also be submitted with the following information. 1 Name of the Third Party Organization and all individuals involved mthe-plan review 2 Listing of the plan review results including but not limited to the construction type, occupancy group, occupant load, area calculations, story calculations, height measurements, and exiting calculations. 3 Other information as required by the Code Official. C08.3 Field Inspections. C08.3.1 Whenever the owner/builder wishes to use a Third Party Organization for field inspection, he shall submit the appropriate forms to the Code Official for approval before inspections commence. The Code Official shall review the application to confirm that the chosen Third Party Organization is approved and has all required insurance. C08.3.2 The Code Official shall have a right to make periodic site visits, at his discretion, to review and inspect the work under construction. Whenever possible, the Code Official will attempt to coordinate such visits with the Third Party Organization. 7 C08.3.3 The Code Official shall mamtam full interpretation authority of all affected codes as well as the authority to require corrections, including, but not limited to, notices, stop work orders and/or citations. C08.3.4 The project may proceed with construction only upon approval of the Third ~''a1~y Organization after performing the inspections as required by this code or as otherwise required by the Code Official. If, upon review, the Code Official believes that compliance with all applicable codes has not been achieved, the Code Official shall retain the right to require corrections. If corrections are required, the owner/builder and Third Party Organization may propose methods of correction that do not require uncovering of completed work. However, the Code Official may require uncovering of completed work after consideration of the extent of the work involved versus the level of compliance needed and then only as a last resort when the Code Official determines that the proposed methods of correction will not result in adequate compliance. C08.3.5 The Third Party Organization shall issue to the owner/builder and the Code Official a formal inspection report for each inspection completed, verifying either that the work inspected is in compliance with this code or specifically detailing corrections necessary to bung such work into conformance with said codes and regulations. C08.3.6 The Third Party Organization shall notify the Code Official if, at any lime, the owner/builder fails to correct construction deficiencies as noted or if the owner/builder covers work prior to inspection or otherwise hinders the ability of the Third Party Organization to perform required inspections. C08.4 Insurance. The Third Party Organization shall obtain and mamtam insurance coverage as prescribed by the Code Official. C08.5 Indemnification. The Third Party Organization, the builder and the owner shall execute an indemnification agreement m a form approved by the Crty Attorney C08.6 Conflict of Interest. The licensed architect, registered engineer, or other authorized person, entity or corporation who prepared or supervised preparation of the project plans and/or specifications, along with, the owner, builder, subcontractor, their agents, officers and employees shall not be associated in any way with the Third Party Organization. C08.7 Qualifications. The Third Party Organization shall submit documents, as required by the Code Official, to show adequate training, knowledge and/or certification in the fields upon which service is to be rendered. The Code Official shall review the documents along with proof of required insurance. If in compliance, the Code Official shall approve the Third Party Organization. 8 If not approved, or if approval is revoked for Just cause by the Code Official, the Third Party Organization inay appeal to the Construction and Fire Prevention Board of Appeals. Just cause may include but not be hmrted to violation of any provision of this ordinance, loss or expiration of required insurance, violation of the conflict of interest provision or any such action that may result m the questioning of qualifications. ~:..~. C08.8 Certificate of Occupancy A Certification of Occupancy shall be issued, when necessary, by the Code Official upon completion of all requirements specified above and, upon completion of all requirements of any other affected department of the City Such completion shall be determined upon the submittal of all inspection reports by the Third Party Organization noting that all required construction inspections have been approved and after the Code Official and Third Party Inspector Jointly perform and approve a final inspection. 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 in 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 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 dunng 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 4 It is hereby declared to be the intention of the Crty 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 final decree of any court of competent Junsdiction, 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. 9 SECTION 5 This ordinance constitutes a digest and revision of the Mechanical Code of the City of Fort Worth, as provided in Section 2, Chapter XXV, and Section 9, Chapter XXVI~; 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 m pamphlet form for general distribution among the public, and the operative provisions of this ordinance, as so published, shall be admissible m evidence m all courts without further proof than the production thereof, as provided in Chapter XXV, Section 3, of the Charter of the City 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 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 7 This ordinance shall be m full force and effect thirty (30) days after rts passage and publication, and rt is so ordained. ~~ Assistant City Attome Date. ~- a - ~ Adopted. ~ yoZ - ~cf Effective: J _J ._ 2-18-99 10 ~-,''. City of Fort Worth, 7'eacac~ ~wya~ wnd ~~wevcil ~,on~ma~n~cwt~~n DATE REFERENCE NUMBER LOG NAME 06AMEN PAGE 1 Of 3 l 3/2/99 G-12492 SUBJECT ORDINANCE AMENDMENTS TO THE BUILDING CODE, ELECTRICAL CODE, PLUMBING CODE AND MECHANICAL CODE FOR THE IMPLEMENTATION OF A PROGRAM FOR THIRD PARTY PLAN REVIEW AND INSPECTION SERVICES AND TEMPORARY, 90-DAY PERMIT FEE WAIVER FOR PROJECTS THAT UTILIZE SUCH SERVICES RECOMMENDATION It is recommended that the City Council Adopt the attached ordinance amendments and direct. staff to implement a program allowing third party plan review and inspection services for the Building, Electrical, Plumbing and Mechanical Codes; and 2. Approve a waiver of permitting fees for a period of 90 days for projects that utilize third party services. .DISCUSSION _ Program Proposal In order to enhance the level of customer service, the Development Department proposes to implement a program offering third party plan review and inspection services as an option for construction projects. This program is necessary for several reasons. First, heavy workloads make it difficult to keep up with the demand for plan review and field inspections and to provide those services in an acceptable timeframe. Second, the current job market makes it difficult to recruit and retain qualified individuals. Finally, many projects may require special expertise or expedited scheduling that is difficult for City staff to meet. Program Development Fort Worth staff and the North Texas Council of Governments (COG) hosted an informational meeting on third party programs on January 27, 1999 The meeting was attended by 17 area cities, members of the development community, and firms from around the country who currently provide third party services. There was significant interest from other cities as well as the development community As a result, COG has agreed to facilitate development of a regional program for the North Texas area. While this regional program is being developed, staff recommends that the City Council direct the implementation of an interim program here in Fort Worth to meet the needs of the local development community in expediting planned construction projects. In the meantime, the City will continue to participate in the development of a regional program through the COG process. J ~"~,.. City of `~o~t Worth, Texas ~~~r~ ~~d c~u~~~l~.~,~m~~n~c~ta~~ DATE REFERENCE NUMBER LOG NAME PAGE 3/ti99 G-12492 06AMEN 2 of 3 suB~ECT ORDINANCE AMENDMENTS. TO THE BUILDING CODE, ELECTRICAL CODE, PLUMBING CODE AND MECHANICAL CODE FOR THE IMPLEMENTATION' OF A - PROGRi4M 'FOR THIRD PARTY PLAN REVIEW AND INSPECTION SERVICES AND - ~~ --~-~- TEMPORARYS 90-DAY PERMIT FEE WAIVER FOR PROJECTS THAT UTILIZE SUCH SERVICES Program Description This program would allow qualified third party firms to provide plan reviews and inspections for Building, Plumbing, Electrical, and Mechanical Code compliance. Project owners and developers would be able to hire any third party firm that has been pre-qualified by the City as competent to provide the plan review and/or inspection services. The project owner/developer and the third party firm would negotiate contract fees and schedules. The City would maintain final authority to make code interpretations, to check any and all work performed by a third party firm and to maintain the absolute right to require corrections to any work on the project. ~ ~ ~~ ~,, The attached ordinance amendments give the City the authority to require adequate insurance coverage for all participating third party firms and to review the qualifications of the firms' personnel .performing the plan reviews and inspections. An active quality control program will be maintained by the City as well the as administrative responsibility to maintain plan review and inspection records. Program Benefits There 'are several benefits to the proposed third-party program. First, the project owner/developer cari contracf for expedited services such as on-call inspections 24 hours a day and/or seven days a week. Reinspections can occur immediately since the third-party inspector can wait while corrections are made at the project site Second, the workload of projects utilizing third-party .services allows City' staff to spend more time on projects that continue to use City services. This is beneficial to small projects that do not hire design professionals to process plans and oversee inspections. Third, the number of City staff positions can be stabilized without the need to increase staff during busy times and then #ace staff reductions when the economy slow. ,....~ , For the next three months (until June 3, 1999), permits issued for projects utilizing third party services will not be assessedpermit fees. This waiver applies to projects utilizing either third party plan review or inspection services and to projects utilizing both types of services. During this three month period, staff will determine the~appropriate fees (if any) to charge projects utilizing third party services. The fee structure will cover the City's cost to administer the program, maintain a quality control program,and complete reviews provided by other City departments. Staff will return to the City Council prior to June 3, 1999, to recommend the adoption of a permanent fee schedule for projects utilizing third party services. f~~ City of Fort Worth, Texas DATE REFERENCE NUMBER LOG NAME PAGE 3/2/99 G-12492 06AMEN 3 of 3 suB~ECT ORDINANCE AMENDMENTS TO THE BUILDING CODE, ELECTRICAL CODE, PLUMBING CODE AND MECHANICAL CODE FOR THE IMPLEMENTATION OF A PROGRAM FOR THIRD PARTY PLAN REVIEW AND' INSPECTION SERVICES AND TEMPORARY, 90-DAY PERMIT FEE WAIVER FOR PRO,lECTS THAT UTILIZE SUCH SERVICES FISCAL INFORMATION/CERTIFICATION The impact on the General Fund revenue in subsequent fiscal years can be more accurately estimated after the program has been in effect for a few months and the demand can be gauged The Finance Director certii:tes that this action will not have a material effect on the current budget. MG j Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) APP~UVE~ Mike Groomer 6140 j~~T~ j~~' jAi~ v v! ~ ~~ Originating Department Head: // h1AR ~ Ann Kovich 8901 (from) ~~ ~k Additional Information Contact: '"` "`"~` t` t ' t' ~ ~' i@i UGT9 32 }~ :si .l j Cidy ~.f Frxt ~<'orrii, `~'e:cma- Ann Kovich 8901 i ~~ l ~ •~ ~ •~ i, <<