HomeMy WebLinkAboutOrdinance 13723~~~.~
ORDINANCE NUMBER ~ ~y ( ~,[ .~
AN ORDINANCE AMENDING THE FORT WORTH PLUMBING CODE, BY
PROVIDING FOR THE PLAN REVIEW AND THE INSPECTION OF BUILDINGS
BY APPROVED THIRD 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 26-2 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 lus 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 trst 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 plumbing installed to replace existing equipment
or fixtures serving an occupied portion of the building m the event a request for
inspection of such equipment or fixture 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.
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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
SECTION C08
*Section C08. added to read as follows.
Third Party Plan Review and Inspection
C08.1When 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 in 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 in the 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.
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C08.3.3 The Code Official shall maintain 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 Party 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 m 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
time, 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 maintain
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 in a form approved by the City
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 m compliance, the Code Official
shall approve the Third Party Organization.
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If not approved, or if approval is revoked for~ust cause by the Code Official, the
Third Party Organization may appeal to the Construction and Fire Prevention Board of
Appeals. Just cause may include but not be limited 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 quahficahons.
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~ointly 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 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
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 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 ~unsdiction, 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.
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SECTION 5
This ordinance constitutes a digest and revision of the Plumbing Code of the Crty
of Fort Worth, as provided m Section 2, Chapter XXV, and Section 9, Chapter XXVII,
of th~'Cfi~arter of the City of Fort Worth. The Development Department of the City of
Fort Worth, Texas, is hereby authonzed 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 m Chapter XXV, Section 3, of the Charter of the City of
Fort Worth, Texas.
SECTION 6
The Crty 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 Crty of Fort Worth, Texas as authonzed 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 thirty (30) days after its passage
and' publication, and it is so ordained.
Assistant City Atto
Date• ~ ` ~ - ~/
Adopted. ~-•, o~ - y ~
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Effective. w__, _ _ _.
2-18-99
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DATE REFERENCE NUMBER LOG~NAME PAGE
3/2/99 G-12492 ,~ 06AMEN 1 of 3
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.
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DATE REFERENCE NUMBER LOG NAME PAGE
3/2199 G-12492 06AMEN 2 of 3
ri•..
~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 PROJECTS THAT UTILIZE SUCH
f` 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. Tlie project ownerldeveloper 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
contract 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 face
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 assessed permit 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.
City of Fort Worth, ~'exas
~1-~c~y~r end ~'aunc~l ~a~~un~cnt;an
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 PROJECTS 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 certifies that this action will not have a material effect on the current budget.
MGj
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
APPROVED
Mike Groomer 6140 CITY COUNC~
Originating Department Head: .,
MAR ~ 49'~
Ann Kovich 8901 (from)
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Additional Information Contact: .
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