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HomeMy WebLinkAboutOrdinance 13724 ORDINANCE NUMBER f 1 ~ yC AN ORDINANCE AMENDING THE FORT WORTH ELECTRICAL 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 TIiIS 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 11-2 of the Code of the City of Fort Worth (1986) is amended by inserting new amendments as follows. SECTION C03 *Section C03(a), add an exception to the first paragraph to read as ollows. EXCEPTION When plan review is performed by a Third Party Organization as specified m Section C10, the Chief Electrical Inspector, at his discretion, may only review what he deems necessary to insure a quality control of the review already performed. SECTION C07 *Section C07(a), add an exception to read as,follows. Exception When approved by the Building Official, the inspection process as required by this code may be performed by an approved Third Party Organization as specified m Section C10 16 ~. ,~ SECTION C 10 *Section CIO, added to read ase ollows Third Party Plan Review and Inspection C10.1When approved by.the Building 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. 010.2 Plan Review. 010.2.1 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. 010.2.2 Along with the submittal of plans, documents as required by the Building Official shall also be submitted with the following information. 1 Name of the Third Party Organization and all individuals involved m the plan review 2 Listing of the plan review results mcludmg. but not limited to the construction type, occupancy group, occupant load, area calculations, story calculations, fieight measurements, and exiting calculations. 3 Other information as required by the Building Official. 010.3 Field Inspections. 010.3.1 Whenever. the owner/builder wishes to use a Third Party Organization for field inspection, he shall submit the appropriate f©rms to the Build~mg Off cial for approval before inspections commence. The Bui'1'd'mg Off vial shall review the application to confirm that the chosen Third Party Organization is approved and has all required insurance. 010.3.2 The Chief Electrical Inspector sha~~ll have a right to make periodic site visits, at his diserehon, to review and inspect the work under construction. Whenever possible, the Chief Electrical Inspector: will attempt to coordinate such vrsrts with the Third Party Organization. C10~.3.3 The Chief Electrical Inspector shall maintain full interpretation authority of all affected codes as well as the authority to require corrections, mcludmg, but not hrnited to~, notices, stop work orders and/or crtations. 010.3.4 The project may proceed with construction only upon approval of the Third Party Organization after perforrnmg-the inspections as required by this code or as 17 • ~,~, otherwise required by the Chief Eleetncal Inspector If, upon review, the Chief Electrical Inspector believes that compliance with all applicable codes has not been achieved, the Chief Eleetncal Inspector 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 Chief ElectrY~~?~Inspector 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 Chief Electrical Inspector determines that the proposed methods of correction will not result in adequate compliance. C10.3.5 The Third Party Organization shall issue to the owner/builder and the Chief Electrical Inspector 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. C10.3.6 The Third Party Organization shall notify the Chief Eleetncal Inspector 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 abilrty of the Third Party Organization to perform required inspections. C10.4 Insurance. The Third Party Organization shall obtain and maintain insurance coverage as prescribed by the Building Official. C10.5 Indemnification. The Third Party Organization, the builder and the owner shall execute an indemnification agreement m a form approved by the City Attorney C10.6 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 m any way with the Third Party Organization. 010:7 Qualifications. The Third Party Organization shall submit documents, as required by the Building Official, to show adequate training, knowledge and/or certification m the fields upon which service is to be rendered. The Building Official shall review the documents along with proof of required insurance If in compliance, the Building Official shall approve the Third Party Organization. If not approved, or if approval is revoked for dust cause by the Building 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 qualifications. 18 ,;. ~~~ 010.8 Certificate of Occupancy A Certification of Occupancy shall be issued, when necessary, by the Building 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 approt~d"and after the Chief Electrical Inspector and Third Party Inspector~omtly 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 pumshable by a fine not to exceed Two Thousand Dollars ($2,000 00) for all violations involving fire safety, or public health and samtation 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 pumshable 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 vahd~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 Crty Council without the incorporation m this ordinance of any such void, ineffective, or unconstitutional phrase, clause, sentence, paragraph, or section. 19 -r ,e .r yT"'? SECTION 5 This ordinance constitutes a digest and revision of the Electrical Code of the City of Fort Worth, as provided m Section 2, Chapter XXV, and Section 9, Chapter XXVII, of the Charter of the Crty of Fort Worth. The Development Department of the City of Fort Wt~rth, 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 in 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 thirty (30) days after its passage and publication, and rt is so ordained. l~ Assistant City Attom Date -3-~'~I`~ Adopted. ,~ ~~ - ~`~ Effechve• 2-18-99 20