HomeMy WebLinkAboutOrdinance 13743ORDINANCE NO. ~ .3
AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT
WORTH (1986), AS AMENDED, BY THE AMENDMENT OF CHAPTER 7,
"BUILDINGS," ARTICLE IV, "MINIMUM BUILDING STANDARDS
CODE," IN PART, BY AMENDING DIVISION 1, "IN GENERAL,"
SECTIONS 7-67 THROUGH 7-68, BY AMENDING DIVISION 2,
"ADMINISTRATION," SECTIONS 7-76 THROUGH 7-77; BY AMENDING
DIVISION 3, "MINIMUM STANDARDS FOR BUILDINGS," SECTIONS 7-
86 THROUGH 7-91 AND SECTIONS 7-93 THROUGH 7-96; BY
AMENDING DIVISION 4, "ADMINISTRATIVE AND CIVIL REMEDIES,"
SECTIONS 7-97~THROUGH 7-102 AND SECTIONS 7-104 THROUGH 7-
110 AND SECTION 7-112; BY AMENDING DIVISION 5, "CRIMINAL
ENFORCEMENT," SECTIONS 7-121 THROUGH 7-125; BY REMOVING
SECTION 7-126 FROM RESERVE TO BECOME SECTION 7-126,
"CRIMINAL CITATION", PROVIDING FOR HEARINGS TO HAVE
BUILDINGS DECLARED SUBSTANDARD OR DECLARED
SUBSTANDARD AND A HAZARD TO THE PUBLIC HEALTH, SAFETY
AND WELFARE; PROVIDING THAT THIS ORDINANCE IS
CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
FINE OF UP TO $2,000 FOR EACH OFFENSE IN VIOLATION OF THE
ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Fort Worth finds that buildings and structures,
which are allowed to become dilapidated, substandard, or unfit for human habitation may
endanger the health and safety of the occupants of such buildings and structures and the
general public; and
WHEREAS, the City Council of the City of Fort Worth finds that buildings and structures,
regardless of their structural condition, that are unoccupied by its owners, lessees, or
other invitees and are unsecured from unauthorized entry to the extent that such
buildings and structures could be entered or used by vagrants or other uninvited persons
as a place of harborage or could be entered or used by children, may endanger the
health and safety of the occupants of such buildings and structures and the general
public; and
WHEREAS, the City Council of the City of Fort Worth finds that buildings and structures,
which, although boarded up, fenced, or otherwise secured in any manner, exhibit
conditions that may constitute a danger to the public even though secured from entry; or
the means used to secure the building or structure may be inadequate to prevent
unauthorized entry or use of the building or structure by vagrants or other uninvited
persons as a place of harborage or could be entered or used by children, may endanger
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the health and safety of the occupants of such buildings and stnactures and the general
public; and
WHEREAS, the City Council of the City of Fort Worth may require one or more of the
following the vacation, relocation of occupants, securing, repair, removal, or demolition of
a building or structure that may-endanger the .health .and ,safety of the occupants ofi such R
buildings and structures and the general public; and
WHEREAS, the adoption of Minimum.. Building Standards- will promote the safeguarding
of the life, health, safety, welfare, and property of the occupants of such buildings and
structures and the general public;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS:
SECTION 1
The Code of the City of Fort Worth, Texas (1986), as amended, is amended by the
amendment of Chapter 7, "Buildings," by the amendment of Article IV, "Minimum Building
Standards Code", so that hereafter said Article shall read as follows:
ARTICLE IV. MINIMUM BUILDING STANDARDS CODE
DIVISION 1 IN GENERAL
Section 7-66. Short Title.
This Article may be referred to as the "Minimum Building Standards Code "
Section 7-67. Purpose of Article.
This Article is adopted pursuant to Texas Local Government Code, Chapter 54 and
Chapter 214 The purpose of this Article is as follows.
a. To establish the minimum standards for the continued use and occupancy of all
types of buildings and structures within the City of Fort Worth, regardless of the
date of their construction, in order to safeguard the public health, safety and
welfare and to protect property
b. To provide for the authority to order and direct the method of the securing of
property that is unoccupied by its owners, lessees, or other invitees and is
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unsecured from unauthorized entry to the extent that such buildings and structures
could be entered or used by vagrants or other uninvited persons as a place of
harborage or could be entered or used by children
c. To provide for the authority to address, and direct the method of addressing,
buildings and structures, which -although .boarded up, fenced, or otherwise secured -
in any manner, exhibit conditions that;may constitute a danger to°the public even
though secured from entry or the .means .used to secure the .building or structure
may be inadequate to prevent unauthorized entry or use of the building or
structure by vagrants or other uninvited persons as a place of harborage or could
be entered or used by children
To accomplish the purpose of this Article, the City of Fort Worth may require one or more
of the following the vacation, relocation of occupants, securing, repair, removal, or
demolition of such buildings or structures that may endanger the health and safety of the
occupants of such buildings and structures and the general public.
This Article references several minimum standards that are established by other codes
(Building, Fire, Electrical, Mechanical and Plumbing). These standards shall be
designated with a solid bar in the margin The Code Compliance Division possesses the
authority to enforce such provisions as related to the purpose of this Article. However,
final interpretation, approval of alternate methods and materials, and appeals will be
addressed as prescribed for in each of those codes.
Any building or structure that is declared to be unsafe by any designated, authorized
authority for the enforcement of the Building, Fire, Electrical, Mechanical and Plumbing
Codes is hereby declared to be a public nuisance and shall be abated by repair,
rehabilitation, demolition or removal in accordance with the procedures set forth in this
Article or as otherwise determined by the appropriate official
Section 7-68. Definitions.
Approved means having the approval of the Code Compliance Superintendent as the
result of investigation and tests conducted by him or by reason of accepted principles or
tests by national authorities, technical or scientific organizations; or as having the
approval of the appropriate enforcement official of the City of Fort Worth as being in
compliance with the standards and requirements of this code of the City of Fort Worth
which applies specifically to the item in question
Attractive nuisance means a condition, instrumentality, or machine on premises, which is
dangerous to young children because of their inability to appreciate the peril. of the
condition, instrumentality, or machine, and which may reasonably be expected to attract
children to the premises.
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Buildino means any structure used or intended for s~fpporting or sheltering °any use or
occupancy
Building Code means the Building Code of the City of Fort Worth as adopted and
amended from time to time
Building Official means the officer 'or ~A other designated authority .charged with the -
administration and enforcement of,any city code or..°ordinance°within his/her jurisdiction~or
the Building Official's duly authorized representative
Commercial .waste container means atruck-loaded or truck-emptied non-disposable
container, commonly referred to as a dumpster, used for the collection of commercial
garbage and rubbish
Curti a e means the space of grounds and buildings or structures immediately
surrounding a dwelling
Demolition delay_propertX when used in Section 7-109 of this Article means a structure or
site which has been designated as such by the Comprehensive Zoning Ordinance of the
City of Fort Worth
Director of City Services means the Director of the City Services..Department for the City
of Fort Worth or the Director's authorized representative.
Doorknob lock means a lock in a doorknob, with the lock operated from the exterior by a
key, card, or combination and from the interior without a key, card, or combination
Door viewer means a permanently installed device in an exterior door that allows a
person inside the dwelling #o view a person outside the door The device must be.
(a) a clear glass pane or one-way mirror; or
(b) a peephole having a barrel with aone-way lens of glass or other substance
providing an angle view of not less than 160 degrees.
Dw~ means any building, structure or portion thereof that contains not more than two
dwelling units.
Dwelling unit means a dwelling of one (1) or more habitable rooms, including an efficiency
unit, which is occupied by one or more persons for living, sleeping, cooking, eating and
sanitation purposes.
Efficiency dwelling unit means a dwelling unit with one (1) habitable room that contains
facilities used for combined sleeping, living, cooking, eating and sanitation purposes.
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Electrical Code means the Electrical Code of the City of Fort Worth as adopted and
amended from time to time
Environment Code means the "Environmental Protection and Compliance" Chapter of the
Fort Worth City Code, as adopted and amended from time to .time
cit (See Means of Egress).
Fire Code means the Fire Code of the City of Fort Worth as adopted and amended from
time to time
Fire Marshal means one officer of the Fire Department shall ~be designated as the Deputy
Chief of Fire Prevention, who shall be Chief of .the Bureau of Fire Prevention He or she
shall hold office in accordance with the provisions of the Firemen's and Policemen's Civil
Service Act. This officer may also be known as the Fire. Marshal
Floor area .means the area included within the surrounding exterior walls of a building,
structure, or portion thereof, exclusive of vents, shafts and courts. The floor area of a
building, structure or portion thereof, not provided with surrounding exterior walls shall be
the usable area under the horizontal projection of the roof or floor above
French doors means a set consisting of two exterior doors in which each door is hinged
and abuts-the.other.door.,when.closed. The#erm.includes double-hinged patio doors.
G a e means putrescible animal and vegetable waste materials.. and/or residue from
the handling, preparation, cooking, or consumption of food, including waste materials
from markets, storage facilities, and the handling and sale of produce and other food
products.
Habitable room means a space in a building or structure for living, sleeping, eating or
cooking Bathrooms, toilet compartments, closets, halls, storage or utility space, and
similar areas, are not considered habitable space
Hazard to the public health safety and/or welfare means a building or structure whose
condition is dilapidated, substandard or unfit for human habitation and which poses a risk
or harm to the public health, safety and welfare, and includes but is not limited to
(a) any building or structure whose condition has deteriorated or is operated or
maintained in violation of the minimum standards established in this Article and as
described below is hereby subject to investigation by the Superintendent and may
be deemed to be substandard and a hazard to the public health, safety and/or
welfare by the Building Standards Commission
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(1) When any door, aisle, passageway, stairway, or other means of egress is
not of sufficient width or size or is not so arranged as to provide safe and
adequate means of egress in case of fire or panic;
(2) When the walking ,surface of any aisle, passageway, .stairway, or other
means of egress~iswarped.~Kworn;loose, aom, or otherwise_unsafe°so~that.it•~-~:.,.r:~~~:~~~..
would not provide ,safe.:and-~adequate means of egress= in case of :fire or
panic;
(3) When the stress in any materials, member, or portion thereof, due to all
dead and live loads, is more than one and one half times the working stress
or stresses allowed in the Building Code for new buildings or similar
structure, purpose, or location,
(4) When any portion has been damaged by fire, earthquake, wind, flood, or by
any other cause, to such an extent that the structural strength or stability
thereof is materially less than it was before such catastrophe and is less
than the minimum requirements of the Building Code fora newly
constructed building,or.structure of like~area, height, .and occupancy;
(5) When any portion or member or appurtenance is likely to fail, or to become
detached or dislodged, or to collapse and thereby injure persons or damage
property;
(6) When any portion of the building or structure, or when any member,
appurtenance or ornamentation on its interior or exterior is not of sufficient
strength or stability, or is not anchored, attached, or fastened in place so as
to be capable of resisting a wind pressure of one half of that specified in the
Building Code for a newly constructed building or structure of like area,
height and occupancy, without exceeding the working stresses permitted in
the Building Code for such buildings or structures,
(7) When any portion has wracked, warped, buckled, or settled to such an
extent that walls, columns or other structural portions have materially less
capacity to resist loads, winds or earthquakes than is required in the case of
similar new construction,
(8) When the building or stnucture or any portion thereof is likely to partially or
completely collapse because of•
A. dilapidation, deterioration, or decay;
B faulty construction,
C the removal, movement, or instability of any portion of the ground
necessary for the purpose of supporting such building or structure; or
the deterioration, decay, or inadequacy of its foundation,
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(9) When, for any reason, the building or stri.icture or any portion thereof is
manifestly unsafe for the purpose for which it is being used,
(10) When the exterior walls or other structural members designed to :be vertical_ _
list, lean. or buckle.to ~such,an extent~that°a :plumb dine~~passingahrough the - ..,..:.a.,,;:~~~R.
center of gravity does:not fall°;inside~~the middle-one :third .of the.:base, ._ _ .,
(11) When the building or structure, exclusive of the foundation, shows thirty-
three percent (33%) or more damage .or deterioration of its supporting
member or members, or fifty percent (50%) damage or deterioration of its
non-supporting members, enclosing or outside~walls or coverings,
(12) When the building or structure is damaged, dilapidated, or deteriorated to
the extent that it is an attractive nuisance,
(13) When a building or structure has any non-supporting part, member, or
portion with less than fifty percent (50%), or any supporting part, member,
or portion with less than sixty-six percent (66%), of the strength, fire
resistive protection or characteristics, or~ weather resistive protection or
characteristics required by law for a newly constructed building or structure
of like area, height, and occupancy;
(14) If the building or structure is used or intended. to be used for dwelling
purposes, and because of inadequate maintenance, dilapidation, decay,
damage, faulty construction or arrangement, inadequate light, air, or
sanitation facilities, or otherwise, is not sanitary, is unfit for human
habitation, or is in such a condition that is likely to cause sickness or
disease;
(15) If the building or structure, because of obsolescence, dilapidated condition,
deterioration, damage, inadequate means of egress, lack of sufficient fire-
resistive construction, faulty electric wiring, gas connections or heating
apparatus, or other cause, is a hazard,
(16) When any portion of an abandoned building or structure, inclusive of
foundations, porches or steps, remains on a site after the demolition or
destruction of the building or structure without the approval of the Building
Standards Commission,
(17) When the building or structure or its curtilage contains accumulations of
solid waste, stagnant water or other stagnant liquid, flammable liquids,
slops, or other deposits or substances, or human or animal excrement
which are.
Page 7
A. unwholesome, filthy, unsightly, offensive, or unsanitary;
B likely to create or engender disease,
C likely to harbor vectors; or
D likely to contaminate stormwater runoff
}Health Code means the~HealthsCode~ofahe..Cty~oft:FortWorth:as~adopted:and~~amen~ded ~ ~ ~~== ~.~~
from time to time
Health Director .means_ the Director:zof the~~ Fort Worth. Department of Health, or 'the ~ t:..,._ .
Director's duly authorized representative,.as appointed by the City Manager
Highly significant endangered propertX means a structure or site _which has been
designated as such by the City of Fort Worth Comprehensive Zoning Ordinance.
Historic and cultural landmark means a structure or site which has been designated as
such by the City of Fort Worth Comprehensive Zoning Ordinance.
Historic and. cultural landmarks district means an area which has been designated as
such by the Comprehensive Zoning Ordinance, together with their accessory buildings,
stnactures, fences, and other appurtenances.
of at means~water at.a temperature of .not less than 110° degrees Fahrenheit.
-Human consumption- means uses by humans in which water-scan be ingested into or
absorbed by the human .body Examples of these include, but are not limited to, drinking,
cooking, brushing teeth, bathing, washing hands, preparing foods, and washing dishes,
utensils, and other articles used in the preparation or consumption of food
Infestation means the presence of vectors such as fleas, ticks, cockroaches, lice, and
rodents, and other pests such as ants, bees, and wasps within or contiguous to a dwelling
unit or an accessory structure or facility incidental to the use thereof
Keyed dead bolt means a door lock, not in the doorknob, that locks with a bolt into the
doorjamb and is operated from the exterior by a key, card, or combination and from the
interior without a key, card, or combination, or a doorknob lock that contains a bolt with at
least gone-inch throw
Keyless bolting device means a door lock, not in the doorknob, that locks.
(a) with a bolt into a strike plate screwed into the portion of the doorjamb surface that
faces the edge of the door when the door is closed or into a metal doorjamb that
serves as the strike plate, operable only by knob or lever from the door's interior
'and not in any manner from the door's exterior, and that is commonly known as a
keyless dead bolt; or
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(b) by a drop bolt system operated by placing a Eehtral metal .plate over .a metal
doorjamb restraint that protrudes from the doorjamb and that is affixed to the
doorjamb frame by means of three. case-hardened screws at least three inches in
length One-half of the central -plate must overlap the- interior..surface of the .door
and the other half of the central~plate.:must ::ovedaputhe;doorjamb,~whenrthe plate is,-rM~~. .~.. .
placed over the doorjamb-restraint:- The,drop~~bolt-system must, preventwthe~door~~ _ ~.:~= ~~~
from being opened unless the~.centraL plate.is lifted off .of .the doorjamb restraint:.by _ -.___._
a person who is on the interior~side of the door
The term keyless bolting device does:not~include a chain.latch, flip latch, surface-mounted
solid bolt, mortise door bolt, surface-mounted barrel bolt, surface-mounted swing bar~door
guard, springloaded nightlatch, foot bolt, or other lock or latch
'tc en means a room used, designed or intended to be used, for the preparation of food
dl means any person who is an owner, lessor, management company, or
managing agent, including on-site manager, of a building or structure
Landmarks Commission means the Historic and Cultural Landmarks Commission of the
City of Fort Worth
.Lodging house means` any .building or portion thereof~containing not .more than five (5) .L.
guest rooms where rent. is paid in .money, goods, labor or otherwise.
Means of egress is an exit system that provides a continuous, unobstructed and
undiminished path of exit travel from any occupied point in a building or structure to a
public way Components and elements making up the means of egress shall be as
specified in the Building Code
Mechanical Code means the Mechanical Code of the City of Fort Worth as adopted and
amended from time to time
Multi-family dwellina means any building or structure or portion thereof, which contains
three (3) or more dwelling units and, for the purpose of this Code, includes residential
condominiums.
New construction means whenever this article makes reference to "installed as per new
construction" or "compliance as new construction", it shall mean construction installed in a
manner as if built new today under the codes (Building, Fire, Electrical, Mechanical and
Plumbing) in effect at this time
Nuisance (for the purposes of this Code only) means.
(a) any public nuisance known at common law or in equity jurisprudence,
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(b) any attractive nuisance which may prove detrimental to children, whether in a
building or structure, on the premises of a building, structure or upon an
unoccupied lot. This includes any abandoned swimming pools, spas, wells, shafts,
basements or excavations; abandoned refrigerators or junked motor vehicles or
motor vehicle parts, any structurally :unsound fences or structures;~or any lumber, ~ .,.
trash, fences, debris or vegetation=~that.;mayprove~a~.hazard for inquisitive°minors, ~{ ~:~:.~~~.
(c) whatever is dangerousao human life~oris :detcimental~to .health as ..determined :.by.~ .. ~....~
the Director of City Services,
...(d) whatever renders air, foodor,~:drink unwholesome~or detrirnental,to the health of ._ ~ _ ~~~
human beings.
Other pests means ants, bees, and wasps.
Owner means any person having or claiming to have any legal or equitable ownership
interest in the property
Pedestrian walkway for the purposes of this Article, means a walkway used exclusively as
a pedestrian trafficway, excluding grade level sidewalks
Plumbing .Code means the -Plumbing Code of the City of .Fort Worth as adopted and
amended from time to time.
Possession of a -dwelling unit .means occupancy by a tenant• under a-,lease, ;including
occupancy untilahe time the tenant:moves out or a writ of possession is:issued by a court.
1t does not include occupancy before the initial occupancy date authorized under a lease.
Potable water means water, which is satisfactory for human consumption and domestic
purposes.
Property for the purposes of this Article, means land, and generally whatever is erected
upon or afFxed to land See also Building and Structure
Public area means an area or a portion thereof to which the public, all residents, or a
substantial group of people or residents have reasonable access, including but not limited
to yards, courts, parking areas, walkways, mail rooms, laundry facilities, swimming pools,
spas, cabanas, play rooms and play yards, recreational and picnic facilities, and public
assembly rooms.
Putrescible waste means organic wastes, such as garbage, wastewater treatment plant
sludge, and grease trap waste, that is capable of being decomposed by microorganisms
with sufficient rapidity as to cause odors or gases or is capable of providing food for or
attracting birds, animals, and disease vectors
Rubbish means nonputrescible solid waste, excluding ashes, that consists of•
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(a) combustible waste materials, including paper, rags, cartons, wood, excelsior,
fumiture, rubber, plastics, yard trimmings, leaves, and similar materials; or
(b) noncombustible waste materials,. including glass, crockery, tin cans, aluminum
cans, metal. furniture, .and' similar materials that do notburn at~ ordinary :incinerator _.
temperatures (1600°F to 1800°F).
Security: device .means a doorknob lock, ::door. viewer; ..keyed:dead ~ bolt, .keyless bolting _ -
device; sliding door handle latch,~sliding-doorpin~lock, sliding door security~~bar, or window y~~~~-~-°~•~~
latch in a dwelling
Service room or building means any room,. building or structure used for atorage,
assembly, sanitary or utility purposes, and- any room- not included in the definition of
habitable rooms.
Sliding door handle latch means a latch or lock located near the handle on a sliding glass
door, operated without a key, and designed to prevent the door from being opened
Sliding door .pin lock means a lock on a sliding glass door that consists of a pin or nail
inserted from the interior side of the door at the side opposite'the door's :handle and that
is designed to prevent the door from being. opened or lifted
Sliding door security bar means a bar or rod that can be. placed at the bottom of or across
the interior side of the fixed panel of.a sliding glass door and that is designated to prevent
the door from being opened
Solid waste means any garbage, rubbish, recyclables, sludge from a waste treatment
plant, water supply treatment plant, or air pollution control facility, and other discarded
material including solid, liquid, semi-solid, or contained gaseous material resulting from
industrial, municipal, commercial, mining, and agricultural operations, .and from
community and institutional activities, but does not include:
(a) Solid or dissolved material in domestic sewage, or solid or dissolved material in
irrigation return flows, or industrial discharges subject to regulation by permit
issued pursuant to the Texas Water Code, Chapter 26,
(b) Soil, dirt, rock, sand, and other natural or man-made inert solid materials used to
fill land if the object of the fill is to make the land suitable for the construction of
surface improvements; or
(c) Waste materials, which result from activities associated with the exploration,
development, or production of oil and gas and are subject to control by the
Railroad Commission of Texas.
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Structure means that which is built or constructed, an edifice or building of any. kind, or
any piece of work artificially built up or composed of parts joined together in some definite
manner
Substandard means any building, property..or structure .inspected by thedSupecintende.nt
..
that is constructed-or maintained n~~violationof.any specificrequirement~or~~prohibifion.~~a~ <...
Wt ~; ,,~.
applicable to such building, property.or~structure provided by this Article R
Superintendent means the Superintendent of the Code Compliance Division ~ of the
Department of City Services of-the City of :Fort Worth, or the .Superintendent's duly
authorized representative
Vector means an insect or other animal that is capable of transmitting adisease-
producing organism.
Water closet means a toilet.
.Window latch means a device on a window~that prevents the window from being opened
and that is operated without a key and only from the interior
Zoning Ordinance means .the Comprehensive Zoning Ordinance of the City of .Fort Worth
as adopted and amended from time to time
Sections 7-69 through 7-75 reserved.
DIVISION 2. ADMINISTRATION
Section 7-76. Superintendent.
(a) There is hereby established in the Department of City Services, Code Compliance
Division, office of the Superintendent. The Superintendent is authorized to
administer and enforce the provisions of this Article.
(b) The Superintendent and the Superintendent's authorized representatives shall, in
accordance with Article 18 05 of the Texas Code of Criminal Procedure, be
authorized to make inspections of all buildings, structures or premises within the
City for the purpose of determining compliance with this Article
(c) The Superintendent may appoint such number of officers and employees as shall
be authorized by the appropriations ordinance and the budget of the City The
Superintendent may deputize such employees as may be necessary to carry out
the functions required for the enforcement of this Article.
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(d) The Superintendent, deputies, and officers shall be supplied with official City of
Fort Worth identification, grid upon request, they shall exhibit such identification
when performing any duties imposed and authorized by this Article.
`(e) r. The Superintendent shall forward,.allnproposed .amendments to -this.-Article-to the- ry- ..
Building. Official for 'review..:and,_:=when .necessary, present Mahesame to ~~:the ~ .,~ :~..~ v~:~~~~
appropriate board for consideration
Section 7-77. Building Standards Commission.
(a) There is hereby established a Building Standards Commission
(b) The Commission shall consist of nine (9) members, each of whom shall be a duly
qualified elector and a resident of the City Each member of the Commission shall
be appointed by the City Council It is the declared policy of the City that the City
Council shall consider for appointment to the Commission only those persons who
have demonstrated their civic interest, general knowledge of the community,
independent and intelligent judgment, understanding of building. ° standards,
understanding of neighborhood integrity, and availability to prepare for and attend
meetings, and who by reason of diversity of their occupations, constitute a
Commission which is broadly representative of the community
(c) The members of the Commission shall be identified by place numbers'1 through 9
(d) Except as provided in subsection (e) below, members of the Commission shall be
appointed for atwo-year term, unless removed prior to the expiration of the term.
Members of the Commission shall be subject to removal at any time by the City
Council..
(e) Members of the Commission in the odd-numbered places shall serve terms
expiring September 30 of odd-numbered years. The first term of such members
shall expire September 30, 1999 Members of the Commission in the even-
numbered places shall serve terms expiring September 30 of the even-numbered
years.
(f) Any vacancy in the membership of the Commission shall be filled by the City
Council for the unexpired term of the member whose place has, by removal or
otherwise, become vacant. Vacancies shall be filled within sixty (60) days after the
City Council removes the member or within sixty (60) days after the City Council
receives notice of the member's resignation
(g) In addition to the nine (9) members of the Commission, the City's Code
Compliance Superintendent, Fire Chief, Health Official, and Building Official shall
be ex-officio, non-voting members of the Commission
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(1) Each ex-officio member will attend each Commission meeting in person or
through an authorized assistant.
(2)~ Ex-officio members will advise and consent with the Commission, in-matters v
pertaining to enforcement offihis Article %~~
(3) When requested 4by.ahe~ Commission, `an ex-officio ~ member °will .inspect ~~~~ ~E
.buildings, structures, or premises that are alleged to be in wiolationtof~this
Article, and will present.areport of such inspection to the Commission
(h) The Building Standards Commission shall .follow all. established procedures and
standards on their effective date
Sections 7-78 through 7-85 reserved.
DIVISION 3 MINIMUM STANDARDS-FOR BUILDINGS AND STRUCTURES
Section 7-86. Declaration of Minimum Standards, Owner Responsibility.
(a) The standards established inthis Division shall be the minimum standards for the
continued use and occupancy of~all°buildings; property or structures;~regardless ~of w -%
when they were constructed Any building, property or structure that is 'in violation
of these standards is hereby declared °to be in violation of this Article and may be
ordered to be one or more of the following vacated, secured, repaired;~removed
or demolished
(b) The owner and any landlord of any premises within the City shall be responsible
~3 for maintaining the premises in compliance with the minimum standards. The
standards of this Division are intended to complement the requirements of any
other applicable code or ordinance of the City of Fort Worth, and shall not be
deemed to lower any more restrictive standard required by the Codes at time of
original construction or subsequent remodeling The duty of an owner or landlord
to maintain premises in compliance with this Article is not affected by any duty this
Article creates upon the tenants thereof, even if the owner or landlord has, by
agreement, imposed upon the tenants the duty of maintaining the premises and
complying with this Article
(c) The minimum standards specified in Division III, Sections 7-87 through 7-96 of this
Article are merged sections of both city code and state law .Minimum standards
established by state law cannot be appealed Appeals regarding the minimum
standards established by the City of Fort Worth's Building, Fire, Electrical,
Plumbing or Mechanical Codes will be addressed as prescribed for in each of
those codes.
Page 14
Any owner aggrieved by the standards as specifed in Division III, Sections•7-87
through 7-96 of this Article, which are derived from the Building, .Fire, Electrical,
Plumbing or Mechanical Codes, may appeal in writing, for relief to the
Superintendent, who shall direct the,..,appellant to.:the°appropriate -Board or -,
~••° Commission ~,An appear=sha114beAfiled, n}wcitingbwithin ~tfiirty~''(:30)~~calendar.~~days ~°°~ a~.~.;~.~:-
from the date a notice of violation of•astandard~of:this Article is:issued No appeal"°~ ..°~ ~ _._4
~.shall,be.considered that,is;filed:after;ahe~thirty,~(30) calendar{day~period expires:°At t~;h~~ ~-
the time of filing an~appeal, the ownershall~pay a~ non-refundable appeal fee as set ° fi,
forth in the appropriate code
The Building Standards Commission shall have sole authority 4 relative to the
administrative provisions of this Article
Section 7-87. Structural and Materials Standards.
(a) ° ,General Buildings or•structures:may be~of,anytype~constnaction permitted by~and
in compliance with the Building Code Roofs, floors, walls, foundations, and all
•~ other structural components-shall be maintained to withstand the loads and forces
for which, hey were required to,be designed and :constructed pursuant to the code
in ~eff. ect at the time of construction. All structural elements shall ~beproportioned
~~ and joined in accordance with the stress°lirnitations and design criteria specified in .f
the applicable~provisions of the Building Code
(b) Construction materials.
(1) All construction materials, including but not limited to wood, gypsum
products, glass, fiberglass, paper, canvas, fabric, plastic, vinyl, masonry,
ceramic, plaster, brick, rock, stucco, slate, concrete, asphalt, tin, copper,
steel, iron, and aluminum, that is attached to or forms any part of a building
or structure, shall be maintained in good condition
(2) All wood used in the construction of buildings shall 'be protected against
termite damage and decay as provided in the Building Code. In addition,
wood used in construction of permanent structures shall not be located
nearer than six (6) inches to earth unless it is treated wood or wood of
natural resistance to decay
(3) Where wood, other than that which is approved as naturally resistant to
decay, is used it shall be painted or treated with an approved treatment as
often as necessary to maintain a barrier against insects and the elements.
(c) Roofs.
Page 15
(1) The roofs of all buildings and structures shall be maintained in good
condition and shall be maintained to withstand the loads and forces for
which they were required to be designed and constructed pursuant to the
code .in effect .at the aime..of.~construction..All structural-,elements rshall..be
proportioned-andsecurely~fastenedto~eliminate~collapseThazards.. _~ ..~.
.~.~,
.9:^...,.,- r..i., ., ,.
{2) Roofs shall be repaired when~.~leaks,°-sags; orfioles occur,~or when thereare :• ~~ -s~~
missing, charred,..orrdeterioratedchingles, or.rotten wood
(3) Gutters and downspouts, where installed, shall be :maintained in good
condition, shall be capable of~ performing the function.. for which they- were
designed, and shall be securely fastened in place.
(4) Proper roof drainage shall be designed and constructed following the code
in effect at the time of construction, but as a minimum,. shall be maintained
so as .not to overload the structural design
(d) C :' ne s tChimneys-shall be-reasonably plumb Loose-bricks or blocks shall ~be
rebonded Loose or missing mortar shall be replaced
(e) Foundations. Foundations andcomponents shall be-maintained in good condition
"and shall. be -maintained to withstand^the loads~~ and forcesnfor{which they were ~ _. ---
required to be designed and constructed. pursuant to~the code in~effect at the time
of construction ~~AIL`components shall be ~reasonably~ plumb, proportioned, and -- .F
securely fastened
(f) Floor area of dwellin. units.
(1) Each dwelling unit, other than an efficiency dwelling. unit, shall have not less
than two (2) habitable rooms and shall conform to the following minimum
requirements:
A. For combined living, sleeping, cooking, and eating purposes, each
unit shall have at least one (1) .room of not less than one hundred
twenty (120) square feet of floor area and one room of not less than
seventy (70) square feet of floor area.
B Sleeping rooms which accommodate one or two persons shall have
not less than seventy (70) square feet of floor area, plus fifty (50)
square feet of additional floor area for each occupant in excess of
two (2)
C Each habitable room except kitchens shall not have any floor
dimension that is less than seven (7) feet.
Page 16
D Each toilet shall be located in a clear space not less than thirty (30)
inches in width The clear space in front of the. toilet shall not be less
than twenty-four (24) inches
(2) Every .,efficiency ~dwelling~.unit=shall :have~~~one °habitable~~room~~and ;ahall ~ rr;~
conform to the following~minimurn:.requirements.
A. For combined living, sleeping, cooking, and eating purposes, each
efficiency unit shall .have one (1)°habitable room of ,not less. than two
hundred .twenty (220) square feet of floor area if the unit is occupied
by one or two persons
B For each occupant in excess of two (2), an additional one-hundred
(100) square feet of floor area shall be provided,
C Each efficiency unit shall have a separate closet; and
D .Each efficiency unit shall have a ~separate~ bathroom, containing .a
toilet, lavatory, sink, and a bathtub or shower
(g) oo s
All floors shall be maintained in good condition, and shall Abe maintained #o
withstand the loads and forces for which they were required to be designed and
constructed pursuant to the code in effect at the time of construction
All structural elements shall be proportioned, securely fastened, and free of holes
or decay to eliminate collapse or trip hazards. Cracks or_ breaches. in concrete
floors, sufficient in size to allow insects to enter, shall be sealed with approved
materials.
(h) Bathroom floors and walls.
The floors of toilet compartments and bathrooms shall be finished with approved
non-absorbent materials such as the or linoleum or similar floor coverings. Floors
and walls of shower enclosures shall be maintained in good condition free of
holes, cracks, breaches, decay and rot. Materials other than structural elements
used in such floors and walls shall be of a type that is not adversely affected by
moisture.
(i) Counter tops and backsplashes.
Page 17
Kitchen and bathroom counter tops and backsplashes surrounding kitchen sinks
and lavatory sinks shall be maintained in good condition free of decay and rot.
(j) Interior walls and ceilings.
(1) .All .interior walls~~~and ceilings ~and,~porfions•~thereof shall ibe ;maintained 'in r °~ ~„~ `~~ ~~
-good condition;,.and~shall be:~,maintained•to withstand the~~loads :and forces
for which they were.,;required to,be -designed and rconstructed pursuant to ~ ,r ~-~ ~~~
the code in effect at the time ~~of.construction All structural elements shall x
be proportioned and securely fastened to eliminate collapse hazards
(2) All interior walls and ceilings and portions ?thereof shall be free of holes,
breaches, significant cracks, dampness, water damage, significant smoke
damage, fire damage, and mildew
(k) Exterior windows.
(1) The glass surfaces of exterior windows shall be maintained free of breaks
and significant cracks. When-damage occurs, glass shards shall be
removed promptly to reduce the risk of injury
(2) Exterior windows shall :be maintained in -good condition, and shall fit the
,A~ contours of their frames, to prevent~the:entry~of.:air.,dampness,_and vectors -~
and other pests when closed
(3) Each habitable room within a dwelling unit shall be provided with natural
light by means of an exterior glazed opening as required by the code in
effect at the time of construction or as required for compliance as new
construction, whichever is less restrictive
(I) Exterior doors.
(1) The glass surfaces of exterior doors shall be maintained free of breaks and
significant cracks. When damage occurs, glass shards shall be removed
promptly to reduce the risk of injury
(2) Exterior doors shall be maintained in good condition, and shall fit the
contours of their frames, so as to prevent the entry of air, dampness, and
vectors and other pests when closed
(m) Access. means of egress and emergency escape.
(1) All buildings or structures shall be located with respect to property lines and
to other buildings or structures on the same property as required by the
Page 18
Building Code and Comprehensive Zoning Ordinance of 'the -City of Fort
Worth
(2) Every dwelling unit shall have door access directly to the outside or to a
public corridor All .buildings~or._stcuctuces shall;be provided,,with :means of .~
egress and appurtenances ~_as°~~required~ by;i.the .Bu:ilding~~:..Code ..Each .:~t ,~~.
dwelling unit shall have access to a ~passagewayynot~ less ;than vthe width~~ °~~ °~~•~
required. by the Building~'Code~~gat ,time of construction; but in no~~case shall sit - ° ~~°~
be less than three (3)~feet~in width .leading to a public street or alley
(3) Indwelling units of multi-family•dwellings and.lodging houses, each sleeping
room below the fourth story and each .basement .shall have at least one (1)
operable window nor exterior door =approved for emergency escape or
rescue, as described in (m)(4) below, which shall open directly into a public
street, public alley, yard or exit court, or shall be brought into compliance as
new construction The window or door shall be operable from the inside to
provide a full clear opening without the use of. separate tools This
requirement shall not include sprinklered high-rise ;buildings as defined in
the Building Code
Aln dwelling. units ofone (1~) and.awo-(2).farnily dwellings, each sleeping room
:below the fourth story and each basement shall have at least one (1)
.r Y. ...:operable wwindow or .exterior edoora approved;~.for emergency:.-escape or r
rescue°whichkshall;open-directly into:apublicstreet, publicyalley;~yard°or~exit ~~
court~as°required by the code in effect at the time of~construction
(4) Escape or rescue windows shall comply with the restrictions in effect at the
time of construction, or with the minimums specified .herein, whichever is
more restrictive Escape or rescue windows shall have a minimum net clear
openable .area of five (5) square feet. The minimum net clear openable
height dimension shall be twenty (20) inches. The minimum net clear
openable width dimension shall be twenty (20) inches. When windows are
provided as a means of escape or rescue, they shall have a finished sill
height not more than forty-eight (48) inches above the floor The window or
door shall be operable from the inside to provide a full clear opening without
the use of separate tools. Alternate designs may be acceptable when
approved by the Building Official
(5) Bars, grilles, grates and other similar security devices may be installed on
emergency escape or rescue windows or doors in dwelling units provided
that:
A. a building permit is obtained prior to installation,
Page 19
B a final inspection is obtained from the Building Inspection-~~D.ivision
upon completion of work;
C the devices are equipped with approved release .mechanisms. which
are operable from_the inside of .the dwelling without the use-of a key
or special knowledger°or.,effort; -and - ~ - ,
D
(n) Ventilation.
the .building. or-structure: is:~equip.ped-with ~smoke..detectors~installed:in --
accordance with.all applicable City ordinances.
(1) Except as .provided. by subsection,(2) below,:: each habitable room. within a
dwelling unit shall be provided with natural ventilation by means of an
openable exterior opening Such opening shall have an area of not less
than one twentieth (1/20) of the .floor area of the room, with a minimum of
five (5) square feet; or as required #or compliance as new construction.
. (2) In .lieu of required exterior. openings:. for natural ventilation, ~a mechanical
ventilation system may 'be provided Such .system shall be capable of
.providing two -air changes per hour .in .all°habitable rooms and in public •~~~
.corridors Twenty (20)percent of the .air °supply shall° be taken ,from the
~. ~`~ outside ~ As .an .alternative,: ~~mechanical-:ventilation may ;:be installed as
required~for compliance as new construction
(3) Except as provided by subsections (4) or (5) below; each bathroom, atoilet
compartment, laundry room, and similar rooms shall be provided with
natural ventilation by means of an openable exterior opening with an area
not less than one twentieth (1/20) of the floor area of the room, with a
minimum of one and one-half (1-1 /2) square feet. Private laundry rooms in
Group R, Division 3 and inside individual dwelling units of Group R, Division
1 Occupancies are exempt from the requirements of this subparagraph
(4) In lieu of required exterior openings for natural ventilation in bathrooms
containing a bathtub or shower or combination thereof, laundry rooms and
similar rooms, a mechanical ventilation system connected directly to the
outside, capable of providing five (5) air changes per hour, shall be
provided The point of discharge of exhaust air shall be at least three (3)
feet from any opening into the building or structure. As an alternative,
mechanical ventilation may be installed as required for compliance as new
construction,
(5) Bathrooms which contain only a toilet or lavatory sink or combination
thereof may be ventilated with an approved mechanical recirculating fan or
similar device designed to remove odors from the air
Page 20
(o) Balconies. landings. porches, decks, and walkways.
(1) All balconies, landings,. porches, decks, and walkways :shall be -maintained
in good condition and shall ,be maintained to withstand the loads.and .forces
.for which they were.$cequired~totibe~.designed .and-constructed°~pursuant~to ~ t2 ;~;~` ~._
the code in effect at the time of construction
All .structural elements shall be proportioned and securely fastened to
eliminate collapse or trip hazards
(2) -Cracks or breaches in concrete or lightweight concrete -balconies, landings, _
porches, or walkways, that °are~of sufficient size to allow water to penetrate, t
.shall be sealed with approved material
(3) Support posts or columns that provide support to balconies, landings,
porches, decks, or walkways or canopies over same, shall be maintained in
good condition, reasonably plumb and shall be maintained to withstand the
loads and #orces ~for~~which ~ they were .required to--°be designed ..and
constructed pursuant to the..code,in~effect at the~;.time of. construction The
structural elements shall be intact, proportioned, and securely fastened to
eliminate collapse hazards
(p) I~Jandrails and railings.
(1) Handrails shall be provided as required by-the Building Code.
(2) All handrails and railings shall be maintained in good condition, and shall be
maintained ,to withstand the loads and forces for which they were required
to be designed and constructed pursuant to the code in effect at the time of
construction All components shall be proportioned and securely fastened
(3) The maintenance requirements of this subsection shall not prohibit the
removal of a handrail or railing that is not required by law
(q) Steps and stairways.
(1) Steps and stairways shall be maintained in good condition and shall be
maintained to withstand the loads and forces for which they were required
to be designed and constructed pursuant to the code in effect at the time of
construction
All components shall be proportioned and securely fastened to eliminate trip
or collapse hazards.
Page 21
(2) Cracks or breaches in lightweight concrete in steps, balconies, and
walkways, which are of sufficient size to allow water to penetrate, shall be
sealed
(r) Fences. retaining walls. and barriers.
(1) Fences, retaining ~walls;Ydecorative awalls, -and bacriers.~shall .be maintained ~~ '~~~~~:~=~
in good condition, andf shall ;snot be {out of vertical ;alignment by amore jthan
eighteen (18) degrees;:unlessdeslgned as such
(2) Rotted, fire damaged, or broken wooden slats and support posts. shall be
repaired or replaced -~
(3) Broken or severely bent metal posts or torn, cut or ripped metal fencing
materials shall be repaired or replaced
(4) Loose brick, stone, rock, mortar or similar materials on masonry walls and
bamers shall be rebonded or similarly repaired
(5) The;above requirements_shall not -prohibit a fence, .retaining wall, decorative
wall or barrier from~being removed if it is,not otherwise required~by law
(6) .The above requirements shall only :apply to ° a vfence retaining wall,
decorative wall or barrier adjacent to:a public right-of--way
(s) 'e s
Barriers required for swimming pools or spas shall be maintained in accordance
with all statutes and ordinances.
Section 7-88. Mechanical Standards.
(a) Air conditioningt
(1) Fixed air conditioning systems, when provided, shall be maintained
in good condition, with clean filters and condensing units, and
unobstructed air ducts Air conditioner condenser unit covers,
panels, conduits and disconnects shall be properly attached
(2) Fixed air conditioning systems, when provided, shall be designed to
cool to a twenty (20) degree differential between inside and outside
temperatures, and shall function to at least a fifteen (15) degree
differential
Page 22
(3) Window-mounted air conditioning units shall. not be installed in a
method that would violate the requited emergency escape or rescue
window required by Section 7-87(m)(3) of this Article
(b) eatin .
''.(1) ~~All heating-devices.nor-appliances~installed°~or:used~in-a~dwelling.:unitshall:be~{.,. ?~ :_°=~4
of an approved type
(2) Every dwelling unit shall° =be~° provided with .heating-Afacilities capable of °°- ._
maintaining a room temperature of 68° Fahrenheit, at a point three (3) feet
above the floor in all habitable rooms. Such facilities ,shall be installed .and
-° maintained in a safe condition and in_accordance with ',the Building. Code, _ °
Mechanical Code and all other applicable codes
(3) Portable unvented oil-burning .heating appliances in any occupancy shall be
installed and maintained in accordance with the Fire Code
_ (4). Where heating is provided :in buildings~:orstructures other~:than •dwelling
units, the heating facilities shall be installed and maintained in a safe
Fcondition and in accordance with the Building Code; Mechanical°C~ode,:and _ w
all other applicable codes
(c) Agaliances.
All appliances supplied to leased dwelling units by the owner, including but not
limited to heating units, air conditioning units, cook stoves, refrigerators,
dishwashers, garbage disposals, ventilation hoods, washing machines, and
clothes dryers, shall be maintained in operative condition
Section 7-89. Plumbing Standards.
(a) Plumbing fixtures.
(1) All plumbing fixtures including, but not limited to, toilets, lavatory sinks,
urinals, bidets, bathtubs, showers, kitchen sinks, mop sinks, water and
sewer lines for clothes washing machines and dishwashing machines,
traps, drains, drain lines, vent pipes, pipes or piping, supply lines, hardware,
appliances or equipment necessary to supply either natural or liquefied
petroleum gas, potable water, discharge sewage or waste water, provide
hot water or heat shall be maintained in a safe and sanitary condition, and
so as to function in the manner for which they were designed
Page 23
(2) Such plumbing fixtures shall be .maintained free of-cross-connections and
conditions that permit backflow into the potable-water supply,.as required by
Article V, Division 3 of the Fort Worth Environment Code
(3) Unvented waste lines are prohibited
(b) Fuel supply.
Supply -pipes,. lines or equipment that •carry.~natural 'gas or liquefied petroleum gas ~~
shall be maintained in a leak free condition Such pipes, lines, and equipment
shall be pressure tested in accordance with the Plumbing Code any time a
significant fire or structural collapse..occurs within a building or structure where
same are located, when a gas leak isFdetected, or when a gas°supply pipe or line
is opened ahead of a gas supply shut-off valve
(c) Kitchen sinks. lavatory sinks. toilets. showers. and bathtubs
(1) Each dwelling unit shall be provided with
A. a kitchen equipped with a kitchen sink; and
B a minimum of one (4) -bathroom equipped with ~a toilet, a lavatory
sink, and either a bathtub or shower
(2) In all buildings or structures, each kitchen sink, }lavatory sink, mop sink,
bathtub, shower, toilet, urinal, bidet, dishwasher, clothes washing machine,
and water heater shall be connected to an approved potable water supply
system.
(3) In all buildings or structures, each kitchen sink, .lavatory sink, bathtub,
shower, bidet, and mop sink shall be equipped with hot and cold potable
water under pressure necessary for their normal operation. Toilets and
urinals shall be equipped with cold potable water under pressure necessary
for their normal operation
(4) A room in which a toilet or urinal is located shall be separated from food
preparation or storage rooms by a solid, close-fitting door A solid, close
fitting door is one that is designed and fitted to conform to the contours of its
frame and is free of breaches or holes.
(5) Each kitchen sink, mop sink, lavatory sink, toilet, urinal, bidet, bathtub,
shower, dishwasher, and clothes washing machine shall be connected to
an approved municipal sanitary sewer system or to an approved private
sewage disposal system capable of performing the functions for which it
was designed Such fixtures shall be properly vented to prevent the
Page 24
invasion of sewer gas -into a building or structure and to :facilitate drainage
of wastewater
(6) All plumbing fixtures shall be installed and maintained in a safe and sanitary
condition The.flow ofssewage'or-water from openings or:breaches'in~water
supply lines or ~ sewage:»~disposal °lines shall be°--~stop:ped; ~~and .urepair
performed as necessary~to~eliminate sanitary~hazards.
(7) All sewer clean-out openings shall be :capped with tight ftting plugs except
when the sewer lines are being serviced
(d) Water heating equipment.
(1) All water heating appliances, equipment or boilers shall be maintained in
safe operating condition in compliance with the-.Building Code, Plumbing
Code and all other applicable laws..
(2) All water heating appliances shall be provided with a .temperature and
pressure relief valve wi#h an -appropriate drain°line to the outside necessary
for the diversion of hot .water under pressure or -steam to a safe location as
required by the Plumbing Code
(3) .All fuel-fired. water heating appliances~shall.,be--,vented °as~~required rby~the
Plumbing Code
(4) Fuel-fired water heaters shall not be located in bathrooms, sleeping- rooms
or a closet accessed through a sleeping room or bathroom unless installed
in compliance as new construction
(A) The door to a closet which contains -an existing fuel-fired water
heater may be sealed in an approved manner provided venting is
installed to obtain combustion air from an appropriate outside source
or installed in compliance as new construction
(B) A closet may be constructed in an approved manner around an
existing fuel-fired water heater located in a sleeping room or
bathroom, provided the closet is sealed in an approved manner and
provided venting is installed to obtain combustion air from an
appropriate outside source or the same is installed in compliance as
new construction.
(5) Every room containing a boiler, central heating plant or hot-water supply
boiler in amulti-family dwelling shall be separated from the rest of building
or structure by not less than one-hour fire-resistive occupancy separation,
.Page 25
except that a separation shall not . be required. for such rooms with
equipment serving only one (1) dwelling unit.
Section 7-90. Electrical Standards.
(a) All ,.electrical wiring, switches~=switching devices; • 'fxtures,~appliances,; ,outlets, ~~ •-'
lighting outlets, junction•~xboxes;;~circuits,~:cond.uit; ~panels;~..panel, covers:*and :panel:.-~.~•~
. boards shall be •of an approved. typef~and~~shall beinstalled- sand maintained ~in a ~ --
safe manner in accordance with.ahe Electrical Code of the City of Fort:Worth
(b) ElectricaLcircuits and outlets sufficient to carry safely a,load..imposed :by normal
use of appliances, equipment and "fixtures shall be~ provided and -maintained in
proper working order
(c) All wiring shall terminate in approved enclosures, including but not limited to
switches, switching devices, fixtures, receptacle outlets, lighting outlets, junction
boxes and panel boards.
(d) _ , In each dwelling unit, each habitableroom.shall ebe~provided•with ~a .minimum of.two
{2) duplex receptacle outlets installed at opposing sites.
(e) In~-each dwelling unit, -each habitable room, bathroom; shower room, hallway, •and
stairway shall be equipped with at ,least one (1)~electric light. fixture orsoutlet
controlled by a wall switch, unless a wall switch was_~not~requiredtbyahe Electrical
Code at the time of installation
(f) Electric light fixtures located adjacent to exterior doors of all buildings or structures
shall be maintained in safe and operative condition
(g) .. When .used in dwelling units, flexible cords, such as extension cords, shall not
exceed six (6) feet in length when measured from end to end Appliance cords
shall not exceed six (6) feet in length when measured from end to end The
combined length of an appliance cord(s) and a flexible cord(s) shall not exceed six
(6) feet in length
(h) In dwelling units, existing electrical outlets in bathrooms and existing counter top
electric receptacles within six (6) feet of a kitchen sink, that require replacement
due to defect or damage, shall be replaced with electric receptacles with ground
fault circuit interrupter protection All electrical outlets with ground fault circuit
interrupter protection shall be maintained in proper working order
Section 7-91. Fire Protection Standards.
(a) All buildings, structures or portions thereof shall be provided with the degree of fire-
resistive construction as required by the Building Code for the appropriate
Page 26
occupancy, type of construction, and location on property They shall beprovided
with the appropriate fire-extinguishing systems br equipment required by the
Building Code and Fire Code All required fire protection and fire alarm systems
shall be inspected as required by the Fire Code
(b)
For the purposes of.. his ~sArticle~tin4:all~multi=familyf:dwelling"eomplexesrofy eight~w(8) t'b~.~::m ~~°~ `••
units orymore,~as defined::in~Section~'7=394, aminimum ~clearance~of~.thitty six•~'(38) :',uy~ ~x,,~~_F 1~
°°inches shall be ~maintained~~in acircumference :around, all~~fire °hydra~nts; sand=°no3~~~~` -°
obstructions shall,be permitted,#o:;,be .installed oc,::located,°:within usaid<;clearance '~ ~ ~-~,~ x~."~:
area.- For~minimum clearances:for all~other occupancies>see-the'.Fire Code.. ~ ~-
(c) ~ ~Buildings •shall- be marked ~with~contrasting~property~.address~numbers :visible from
the street in accordance with the :Fire Code. For__ residential occupancies
containing more than one (1) dwelling unit, each dwelling unit shall be individually
marked with unit identification numbers at the entrance to the unit.
(d) Fireplaces.
(1) ~ Fireplaces, chimney ~~flues, acreens andwsvents- .attachments ~ shall~~ be
maintained. in good condition and cleaned 'as necessary
., '(2) ~ A landlord of amulti-family dwelling complex. of eight (8) ~units~or _more, gas _
~° ~ •~ ~ , defined g in~f~ Section 7-394, .shalt-~~°maintain 4.recordsr. documenting~~~~annual -- ~-~°-~ ~~-
inspections by maintenance personnel
A. Such records shall include a notification that chimney flues are
reasonably clean and dampers~or vent attachments are functioning
in a safe manner
B The inspection .records shall be .maintained at the business office of
the complex for a minimum of three (3) years and shall be made
available to the Superintendent upon request.
(e) Gasoline and gas-fueled vehicles and equipment
Gasoline and gas-fueled vehicles, motorcycles, mopeds and any gas-fueled
equipment shall be parked only in approved parking areas. Such vehicles and
equipment shall not be parked, stored, or repaired in any dwelling unit, office,
exitway, sidewalk or under stairways.
(f) Smoke detectors.
(1) Dwelling units, congregate residences, residential occupancies, hotels or
lodging house guest rooms shall be provided with smoke detectors
maintained in operable condition Smoke detectors shall be installed in
Page 27
accordance with the approved manufacturer's instructions=and the -Building
Code All dwellirgs, regardless of when constructed, shall have smoke
detectors installed in compliance with the code in effect at the time of
construction, but not less than the minimum.. standards set forth in
subsections (2) and (3) below
.,~; (2) ° Indwelling. units;~otherahan~,efficiency~dwelling.:units; smoke>detectocs~~shall- ~5~;
4 be-mounted on the;ceiling`or:wall at ~a point'centrallyaocated-in~:the~.carridor'
ti_or.area.giving_.access#o_eachseparate-sleeping,area
A. ~ If the dwelling -unit has =more than one ° (1) °story~~a. smoke detector
shall be installed on~each story
B If the dwelling unit has. a basement a smoke detector shall -also be
installed in the basement.
C In dwelling units where a story ormbasement is .split into two (2) or
.. -more levels., theamoke~detector; hall be installed on the upper level,
except°thatwhen thelower~contains-a~aleeping.area, a detector shall
be installed on each,:~level When sleeping rooms are on °an upper
. .level,..the detector.shall be placed at.the.ceiling of the upper level in
close proximity to the stairway
., ~ .D q,.. ~ .In :dwelling :units :where ;the,.ceiling° .height Hof, .a :room:.open:R:to the ~~_ ,,:,,_
:uJK hallway serving thebedrooms exceeds°that~.of the hallway by~twenty-
four (24) inches or more, smoke ,detectors shall be installed ~in the
hallway and in the adjacent room
E. Detectors shall sound an alarm audible in all sleeping areas -of the
dwelling unit in which they are located
(3) In efficiency dwelling units, smoke detectors shall be located on the ceiling'
or wall of the main room. When sleeping areas within an efficiency dwelling
unit are on an upper level, the smoke detector shall be placed at the ceiling
of the .upper level in close proximity to the stairway When actuated, the
smoke detector shall sound an alarm audible within the sleeping area of the
efficiency dwelling unit in which it is located
Section 7-92. Standards for Provision of Utilities to Dwelling Units by a Landlord.
(a) This section applies to utilities provided by a landlord to a residential tenancy
(b) Except as provided by subsection (c) below, a landlord shall not interrupt or cause
the interruption of electric, gas, water, and sewage utility service paid directly to a
Page 28
utility company by a tenant, or furnished to a tenant by.the landlord,~~~unless the
interruption results from bona fide repairs,- construction, or•an emergency~`~ The
phrase "cause the internaption of includes the cutoff of a.utility~by a utility company
due to the landlord's nonpayment of the utility bill
~...,:_
c A landlord may interrupt ~or=cause ,thet:iriterrupton of °electrical service rfumished, to ~~ ~ .,-:~~~~~
a tenant by the landlord if• '
(1) , the ,electrical..service-furnished, to the,.,tenant is not individually metered or
submetered for the dwelling unit;
(2) r the electrical service connection with~the utility company is~ in thea:name of ~ ....
the landlord or the landlord's agent;
(3) the tenant is at least seven (7) days late in paying the rent;
(4) the landlord has mailed orhand-delivered to the tenant at least five (5) days
• before the date the electrical service is interrupted ~a~written notice that - ~°
states.
A. the earliest date of the~proposed termination of electricalservice,
~~ B ,t. the.amount of!.rent the tenant~must~payao~~avertKthefinterruption;sand ~9' ° .t~~ :*~;: ; ~~-
;~ C ~~~~~;the~name~andaocation:of~theindividual-to~whom orthe~~location.of~the
on-site management office where the delinquent rent may be paid
during the landlord's normal business hours,
(5) the interruption does not begin before or after the landlord's normal
business hours, and
(6) the interruption does not begin on a day, or on a day immediately preceding
a day, when the landlord or other designated individual is not available or
the on-site management office is not open to accept rent and restore
electrical service
Section 7-93. Sanitation Standards.
(a) Jnfestations.
Where evidence of infestation exists, the owner or landlord of a vacant one or two
family dwelling, a vacant or occupied multifamily dwelling, or any other building,
structure or property, shall eliminate infestations of vectors, rodents, or other pests.
It shall be a defense if the landlord can show that the landlord had a vacant one or
two family dwelling, a vacant or occupied multifamily dwelling, or any other
Page 29
building, structure, or property treated to eliminate vectors, rodents; or otherpests
within the preceding thirty (30) days.
(b) een
,. -~~v~. ~(1,)-~'c.: On :every dwelling:.~unitA~not>;providedwith~a`thermostaticallywcontrolledwren"tral~°' ~.:..~:~....~}`°
-~- ~ -heating and air ~condtionmgsystem; ,all.exterior,,openings°capableof.~being~°~ 1~: ~ -~~
-° z, used :for ventilation shall Pbe~ securely~,screened~with~16/18 mesh-'insect wire° -~ ,~ . F ,
~to prevent the entrance'of vectors.and other.pests.
(2) This requirement shall not apply to exterior doors. All other exterior
openings that could allow°the entry of vectors~~.and~;other pests shall be ~ ~..
securely screened, closed, or sealed
(c) Public toilet and shower facilities.
Toilet and shower facilities provided for.public;use in. retail stores, places of -,public
assembly, sand common areas of~.aKmulti-family dwelling shall be-maintained in a
sanitary and operative condition..
(d) ,Swimming pools. spas, ponds. and fountains
., ~~ ~Water iny.swimming pools,.,spas,.rponds,~.;fountains;-°and_:other:~containers°ahall be°a.~~.~~:,, ~~:~,:~,
ti. ~ ~; ~~maintained;:~to-yprevent,:thee:breeding~ocYharborage::~:of ,insects, -and~shall;~.:not~emit4~ Q ...,:,~{ :;.
,~~~ odorsthat.are~foul and offensive to a~person.of reasonable sensibilities.~_-_...._.. ~°-°~w°- ......._.-.~=~w--..,.
(e) Sewage overFlow.
~~M•All areas =contaminated by sewage overFlow shall be~~sanitized immediately°after
servicing is completed
(f) Vacant dwellings.
The interiors of all vacant dwelling units shall be maintained free of solid waste.
The owner or landlord of a vacant dwelling unit shall not use it for the storage of
swimming pool chemicals, cleaning chemicals, pesticides, herbicides, rodenticides,
fertilizers, paints, solvents, gasoline, gasoline-powered equipment, or combustible
materials of any kind
(g) Public areas.
The premises of any building or structure shall be maintained free of weeds or
grass in excess of twelve 12 inches and accumulations of solid waste.
(h) Solid waste collection in multi-family dwellings
Page 30
(1) A landlord shall make certain that solid waste is collected from amulti-family
dwelling a minimum of once each week. The use of City solid waste
collection service is optional for multi-family dwellings. The collection and
storage .for collection of~.solid waste...-at a. multi-family.:dwelling shall conform ..~ ~._ ~.
~ to the requirements:of~Artrete~>-VIIIH'of,the:=;Environment Code of.°;the"City ~of~~.t.~.~-~ ~- .. ,
Fort Worth
=(2) A .landlord who furnishes-.,commercial~~waste,.containers at amulti-family -~ ., -° ~_..,:~~
dwelling; for City or private collection services, shall maintain such
.containers in good .mechanical condition .and shall repair such containers
when necessary Except. ,while being cleaned, the dcain plugs of..:such
containers shall be secured in the drain holes to prevent leaking
(3) A landlord who fumishes~ commercial waste containers at amulti-family
dwelling, for City or private collection services, shall cause such containers
~to be :emptied a minimum of once .every .seven (7) days. The Directors of
the Departments of City Services, Health, and Environmental Management,
~- and their authorized representatives, °,may when necessary~to safeguard the
environment or the public health, safety, or welfare, order a landlord
(A) to empty the containers more often than weekly;
(B),.wµ~ to increase the number..,of cornmercial4~waste:containers on ~ ~.
their premises, and
r . a (C) .., to increase the size of the commercial~waste ~ containers... used ~- °~
on the premises.
(4) A landlord who furnishes commercial waste containers at amulti-family
-dwelling shall have such containers- emptied as ~often~-as necessary to
.prevent their contents from overflowing or causing offensive odors,.. and
shall be responsible for cleaning the interior surfaces of such containers as
often as necessary to keep the surfaces free of garbage and other organic
material
_ (5) A landlord who fumishes commercial waste containers, shall have the
containers placed on the premises of the multi-family dwelling in a position
where the doors and lids will not be obstructed when being opened or
closed, and where the containers may be freely serviced or emptied
Commercial waste containers shall not be placed on or over any public
right-of--ways, alleys, streets, and parkways, in a required parking space or
off the premises of the owner's property
(6) Each person who uses commercial waste containers at amulti-family
dwelling for the disposal of putrescible waste, and each landlord of a
complex where such containers are located, shall keep all lids and doors of
Page 31
the containers securely closed .at~all tunes, except xwhen being -emptied or
filled All garbage and rubbish shall be placed in plastic bags,.which have
been tied or otherwise secured, prior to being placed in.such..containers.
Section 7-94. Miscellaneous Standards.
(a) Storage.
,(1) .Storage of any articles~is~prohibited.;underathe exit stairways ofany~,~building~. ~.4, •.._~w,~~~.-
or structure This prohibition shall .not apply to enclosed storage areas
located under stairways. which. were built and which ,are maintained in
accordance with the Building Code and the Fire Code.
(2) Storage of appliances, household furnishings, construction materials,
automotive parts, junk or similar materials is prohibited within the curtilage
of residentially used property This prohibition. shall not apply to the storage
or display of barbecue grills, .patio furniture or recreational.-cequipment
designed for exterior use,..or to construction .materials on the premises for
an active, in-progress construction project.
;~. (b) ,~~.Playground equipment at multi=family~xdwelling complexes~~of eight (8) units or °~
more. as defined in Section 7-394.
•. =-~t(1)-fi:~~ An•-owner •or,°landlord 3of ~a~rnulti=family<~dwellingcomplex shall maintain Q. ~-~~ ~t~=~ ;~
-, ~ ~ ~~,° ~ erecords of~annual inspections'~by~-maintenance~personnel~that~document that
playground equipment, where provided; pis maintained in good °condition as
follows.
A. firee from protruding nails and °screws, sharp edges, rusted metal,
.and splintered wood, metal or plastic;
B capable of resisting all forces and loads for which they were
designed and constructed, and
C with all structural elements intact, proportioned, and securely
fastened and anchored to prevent collapse hazards.
(2) Records required by this subsection shall be maintained in the business
office of the complex for a period of not less than three (3) years, and shall
be made available to the Superintendent upon request.
(c) Dead trees and limbs.
Dead trees and tree limbs, which are reasonably capable of causing injury to
persons or damage to property, shall be abated within seven (7) days after
Page 32
(1) being discovered by the owner or landlord or the owner or landlord's
maintenance personnel, or
(2) the owner or landlord is notified of their existence
(d) Special hazards.
(1) When any building or stcuctureTis~significantly damaged~by~fire, flood., wind, .~ :b
or other natural~or man-made calamity, the owner or landlord shall remove '~ ~~
from the premises. all refuse,. debris, and charred... and partially .burned
lumber and other material -~
(2) If a building or structure is damaged to such an extent that it is not capable
of being repaired, the owner or landlord shall remove from the premises all
of the remaining portion of the building or structure
Section 7-95. Security devices.
Security devices A. landlord .of a~leased dwelling unit shall equip the unit with security
devices at the landlord's expense as follows
(a) If a tenant istin°possession of.a~dwelling:y:unit;~the~landlord°shall,~equip;the~uriit;with
~,
_. ~ (1) ; a window latch on each exterior window°of~the3dwelling unit; ,
(2) a doorknob lock or keyed dead bolt on each exterior door;
t (3) a sliding door pin lock on.each exterior~sliding glass door~ofahe dwelling;
(4) a sliding door handle latch or a sliding door security bar on each exterior
sliding glass door of the dwelling, and
(5) a keyless bolting device and a door viewer on each exterior door of the
dwelling including doors that open into interior corridors.
(b) If a tenant is in possession of a dwelling unit with French doors, one (1) door of
each pair of French doors shall meet the requirements of subsection (a) and the
other door shall have
(1) a keyed dead bolt or keyless bolting device capable of insertion into the
doorjamb above the door and a keyless bolting device capable of insertion
into the floor or threshold, each with a bolt having a throw of one (1) inch or
more, or
. _.a. -~. ,-.,. w
Page 33
(2) a bolt installed inside the door _and :operated. from the edge of the door,
capable of insertion into the doorjamb above the door, and another bolt
installed inside the door and operated from the edge.of the-.door capable of
insertion into the floor or threshold, each bolt having a throw of three-fourths
(3/4) inch or more
(c) ~: - A landlord~is exempt~from~•installing°a°keyless bolting~device._on~~an exterior~door of°'~~' °~~~,, `°
a dwelling unit if a tenant or occupant in~the~dwelling is over 55 years of age or has '~ r~+~ `°~
a physical ormental disability, the tenant° requests, in writing, that the •landlord
deactivate or not install the keyless bolting device, and the tenant certifies. in the
request that the tenant or occupant -is over 55 years of age or has a physical or ~-
mental disability A landlord is not exempt as provided by this subsection if the
landlord knows that the requirements of this subsection have not been'met.
(d) A landlord is exempt from installing a keyed dead bolt or a doorknob lock on an-
exteriordoor if at the time the tenant agrees to lease the dwelling
(1) at least one (1) exterior -door usable for normal entry into Wthe dwelling has
x ~ both a keyed~dead bolt°andua.,keyless-bolting~device~installed in accordance
with the height, strike plate, and throw requirements of subsection (f); and
(2) all other exterior .doors have. a keyless bolting device a installed in
accordance with .the height;~~:strike°=~plate,•~ and ~throw.;:cequirements.:of ° V ~~~~~
subsection (f).
(e) A security device required by this section shall be maintained in an operable
condition while a tenant is in possession of a dwelling unit. However, a Landlord
may deactivate or remove the locking mechanism of a doorknob lock or remove
.,any•device not.qualifying.as.a keyless.boiting device ,if a.keyed~dead~-bolt_:has~been
installed on the same door
(f) HeRght strike plate and throw requirements.
(1) A keyed dead bolt or a keyless bolting device required by this subsection
shall be installed at a height:
A. not lower than thirty-six inches (36") from the floor; and
B not higher than fifty-four inches (54") from the floor if installed prior to
September 1, 1993, and not higher than forty-eight inches (48") from
the floor if installed on or after September 1, 1993
(2) A keyed dead bolt or a keyless bolting device shall
Page 34
A. have a strike plate screwed into .the portion of•.the doorjamb surface
that faces the edge of the door when the door is closed, or
B be-installed in a door with a metal doorjamb~that serves ~as~the strike
plate
(3) _ A keyed~dead boltor..,keyless=dead ~bolfi.installed.in a.~'..dwelling,.unit~on~ora~after ~°~. ~-~~~°°:M°~~
.September 1, 1993;shall~~have a~ bolt with a throw of not less ~than;.•one :(1) °° _ -
inch
(4) The requirements of this °subsection ado not. apply to a keyed dead .bolt or a
•: keyless bolting device in one~doorof a~pair of F,rench`doors#hat-is:installed
in accordance with the requirements of subsection (b).
(g) A sliding door pin lock or sliding door security bar shall be installed at a height not
higher than fifty-four inches (54") from the floor if installed prior to September 1,
1993, and not higher than forty-eight :inches '(48") from the-floor if installed on or
after September 1, 1993
(h) ,. All security devices shall be operable ;from,inside~a dwelling unit without the ,use of
a key, tool, or special knowledge or effort, •and °shall comply with _all applicable
,provisions of the Building and Fire Codes
Section 7-96. Tenant Responsibilities.
(a) A person who is a tenant of a dwelling unit shall
(1) not disable the smoke detectors in the dwelling :unit. and shall maintain the
.smoke detectors in ~an operative~condition,
(2) not maintain or use any incinerator or barbecue pit in a manner that would
cause a fire hazard, and shall not burn any combustible material in a
manner that would endanger the life or property of any person thereby
(3) not use portable barbecues or cooking appliances within ten (10) feet of a
building or structure or on balconies, walkways or landings;
(4) maintain the interior and exterior portions of the person's dwelling unit free
from accumulations of solid waste and other conditions conducive to the
infestation of vectors and other pests,
(5) connect plumbing fixtures and heating equipment that the tenant supplies in
accordance with all applicable ordinances,
Page 35
(6) not alter a structure or its facilities,so as #o create .a ~nonconformityt.with this
Article,
(7) where evidence of infestation ,exists, provide for the extermination of
vectors,°=rodents and~~otherupests°within the .interior of ;an occupied dwelling
.unit within a one~or~two.,~family~~dweling..lt shall ~be~a~~d,efense~:if.~the:~tenant ~ .-.~..~w:-:~'
. , . can -show that-the~tenant~~had~the~idwell.ingcunit~tceated ~to-seliminate~vectors, ~ -,~~.~;5,., °~
_ _ t
rodents, and.o#her.-~pestswithim=the preceding thirty (30) days ~ -~~-
(8) ,securely bag~all .household garbage or loose #rash_and refuse in fly-tight ~~°
. containers ,before• depositing ~same_ inside:.-a ,commercial solid ~°waste
container orplacing it for collection,
(9) securely close the door or lid to a commercial solid waste container after
depositing solid waste therein,
(10) not place or stack articles for disposal adjacent to, .around or -near a
commercial solid waste container; and
(11) not use flexible cords, such as extension cords, that exceed six. (6) .feet in
length when measured from end to~ end, or.appliance cords that exceed six
(6) feet. in. length when measured from end to end The -combined length of
_ _..:~ .,an,appliance cord and~a:flexible:cord,shall•not;exceed six:(6) feet;in}length ~.:~~.:
(b) _= A person who is ar .tenant° of a~ dwelling <~unit~~commits pan offense if _the=person
knowingly violates this section
DIVISION 4 ADMINISTRATIVE AND CIVIL~REMEDIES
Section 7-97. Notice of Violation
(a) When the Superintendent finds that any person has violated, or continues to
violate, this Article, the Superintendent may issue to such person a written Notice
of Violation
(b) No later than the tenth calendar day after receipt of the notice, the person may
submit to the Superintendent, awritten response which describes a plan of action
to correct or abate violations identified in the Notice of Violation The plan shall
include specific actions to be taken by the person and a specific completion date
in which violations will be corrected or abated
(c) If the person denies that any violation is occurring, or contends that no corrective
action is necessary, the person shall submit to the Superintendent no later than
the tenth (10"') calendar day after receipt of the notice, a written explanation of the
Page 36
basis of .any such denial or contention - The 'Superintendent pshall ~:review' the
written explanation of denial or contention and, provide. either a written or verbal
response.
(d) Submission of an explanation and[or~-plan of action in ~no~way-relieves the'.person A
of .liability for any violations:occurringsbefore~~or,after.~~~receipt'of the'Notice of ~ `~~~"`
Violation
(e) Issuance of a Notice of V.iolationahall,not be a.;bar against.taking any other;action °.:~ r
against the person, nor shall issuance of a Notice of Violation be a prerequisite
for, taking any other action against the person.
(f) A Notice of Violation may 'be served either by .personally serving the owner with
written notice, or by mailing such notice by certified mail, return receipt requested
to the person's last known address and shall be deemed to have been served
three (3) calendar days after mailing
Section 7-98. Compliance Agreement.
- (a} Where the owner demonstrates the ability;Aresources and a reasonable action plan `
_commensurate with the action .:necessary to .comply with tthis - Article, 'the
Superintendent may enter into a compliance agreement with :anyowner, ~ '
lienholder, or mortgagee-.of property that,is.not,in`cornpliance~with this.Article.=~'* M a '
(b) :The compliance agreement shall include 'a specific corrective^plan of"action~to be
taken by the owner, lienholder, or mortgagee of 'theproperty to correct° all
violations of this Article within a time period specified in the compliance agreement.
.. (c) ~~~A compliance agreement shall not be_a bar against taking .any-other action~'against
the .person, nor shall. a compliance °agreement~ibe a prerequisite for taking any
other action against the owner of property
Section 7-99. Report to City Council of Intent to Take Building or Structure to
the Building Standards Commission
(a) Before the Superintendent schedules a hearing on a building, property or structure
pursuant to Section 7-102, to have the building, property or structure declared to
be in violation of this Article and ordered vacated, secured, repaired, removed, or
demolished, the Superintendent shall give a report of his or her intent to do so to
the City Council
(b) The report shall be made to the City Council no sooner than thirty (30) days prior
to the date for the hearing before the Commission.
Page 37
(c) The report shall list each building ~•or structure by street addresst~-or Eby legal
description, and should include the City Council district in which it is located, the
names of all owners of record, and a summary of all previous enforcement .action
and attempts to bring the building or structure into compliance
Section?-100. Proceedings~Beforeah~e~Commission •~-,-~~;•
(a) All cases to be heard by the~'Commission shall be heard by a,quorum of not~wless
than five '(5) members No decision' by the Commission ahalL bedeemed rendered ~ °~
unless concurred in by a .majority of those members in attendance, but _by no .less
than a minimum of four (4) members
(b) The Commission shall select a chairperson who shall :act as ~presiding~ officer
during the hearing of all cases
(c) All owners, mortgagees, and lienholders of the property shall be given an
opportunity to present evidence at the hearing Interested~~parties .shall also be
given an opportunity to present evidence In a hearing to determine whether a °°
building, property or structure is substandard, the•owner, mortgagee; or~lienholder
of the building orstructure has the burden of-proof to: demonstrate the scope Hof
work that may be required~to ~bring~ he~building or structure into compliance with
r.this Article and the time pit will reasonably take to perform the work.
. ~~~(d) .;=r The Commissiornshall~establish rulesw~of:.procedure~#or,<the~conductxof~.hearings,~but } '~ ~" `Tµ:
such rules shall be consistent with this Articlesand ~applicable~ state-law - . ~~
(e) Meetings of the Commission shall be held at the call of the Superintendent and at
other times as determined by the Commission All meetings of the Commission
shall be open to the public. The Chairperson, or in the-Chairperson's._absence the
., acting chairperson, may administer.oaths.;and compel-the attendance of witnesses.
(f) The Superintendent shall appoint an appropriate municipal official from the Code
Compliance Division to act as Secretary for the Commission The Secretary shall
prepare and be the custodian of minutes for all Commission proceedings showing
the vote of each member on each question or the fact that a member is absent or
fails to vote The Secretary shall keep records of the Commission's examinations
and other official duties
(g) The Superintendent may appoint an appropriate municipal official from the Code
Compliance Division, to present all cases and evidence before. the Commission
Section 7-101. Notice of Proceedings.
(a) The Superintendent shall give notice of all proceedings before the Commission
Page •38
(1) by certified mail, return receipt requested, to
A. the record owners of the affected property as shown by the records
in the office of the county clerk of the county in which the- aff. ected
property is located, and
.,~~.B ~ -.:,each holder,;of.°a~recordeda;lienv.against~the=~affectedh~=property~r~as~'° ° ..= ~-~.i~r t~°
°. ~~ - .~ hshown:by;the records4in: he-office of the county~clerk of~the:county>in ~ ~~-~;~ ~~~
~• which the~~affected~property is=located,':if .the address:of the lienholder `~: ' ~"
can be ascertained•fromrsuch~records; and °
(2) to all other persons~by posting .a copy of the;notice~on~the front~door of each
improvement situated. on=the. affected property or as~~close .to~the front door
as practicable
(b) The notice shall be mailed and posted on or before the 10"' calendar day before
M the date of the hearing before the Commission .Additionally,. the notice:. shall be
published in the official newspaper of :the. City on one occasion on or before the
10"' calendar day before the date.-fixed for the hearing
(c) The notice shall state the date, time, .and place of the hearing, .and ,shall include a
} Y, °statement.that the •owner;~•lienholder;-'or •mortgageeshall ;be :required tosubmit •at x, ; ~ .
..•w:,:~r~-~ ~ <<.,.the hearing proof>oftheacope of~:any.,work'that:rnay<be required~to:comply'with>this -r ~~ ~{ ~~~.*~=~:_
..:-
~~Articleand9the.,aime~in~:calendardays~in°which~~itwilltake~~to~reasonably<pertorm`the fi,, ,..4,~
work.
(d) The Commission may file a notice of a proceeding that is before it in the Official
Public Records of Real Property in the county in which the affected .property is
located
(1) The notice shall contain the name and address of the owner of the affected
property if that information can be determined from a reasonable search of
the instruments on file in the office of the county clerk, a legal description of
the property, and a description of the proceeding
(1) The filing of the notice is binding on subsequent grantees, lienholders, or
other transferees of an interest in the property who acquire such interest
after the filing of the notice and constitutes notice of the proceeding on any
subsequent recipient of any interest in the property who acquires such
interest after the filing of the notice
Section 7-102. Hearing Before the Commission.
(a) The Commission may, after notice and hearing, declare a building or structure to
be in violation of this Article if one of the following is proven to exist:
Page 39
(1) substandard, or
(2) substandard and a hazard to the public health, safety and/or welfare, or
w.~~(3),, ; •regardless of :its structural;:con-dition;,ar:buildingworstructune~iseunoccupied;by'=-~.~"~~:
r
Y itsa owners, lessees,.~or.-a}otf~er:<.invitees sand .unsecured :frorn~runautl:orized "~'~ -~4 R~~*
entry to the extentahat it~,could~;be ~entered9 or~usedf:by ~wagrants or~othe~°~'~~ ``~ ~~~ ~~~
,~ - ~ ~ uninvited :persons~°as: a.place;~of~harborage..:orcould :be~~ entered ;or°~used by = ~ ~ ~ ~.
children, or
~; r (4):> t, when ~a :building .or structure -is1boarded ;up,°.fenced, ~or. otherwise:~secuced;in 0.
any manner and it:
(A) constitutes a danger to the public even though secured from entry; or
(B) the -means used .to secure the building or, structure are inadequate to
,, prevent unauthorized entry or use- of the building or structure by
children ~~or by vagrants or ~other~ uninvited persons as -a4 place of
harborage, or
(.5) ~:a construction site where there has been no significant construction work
.~~ - °}~.done~~~in~the~previous~ahree~~(3){months,:and~°,the site°~,is~>notursecured-,by .a w, -
-- }° -~~ ,,,.r, ~ ~ ~°~- -;,:--,~~~fence~or~other,~means to:~prevent~:its~use~by~children~~or bywagrants~orother.~ ~' ~~~=~~;,~;~_.
uninvited persons as a place of harborage, or
(6) a construction site where there has been no significant construction work
done in the previous three (3) months, and all building materials and
construction equipment and tools have neither been removed<from'~the site
nor secured at the site to prevent their use by children, their°theft; their
deterioration, their vandalism, or their harborage of rodents or insects.
(b) The Commission may specify, in its written order
(1) a reasonable time, in compliance with this section, for the building or
structure to be vacated, secured, repaired, removed or demolished by the
owner; and
(2) may specify a reasonable time for the owner to relocate the occupants and
an additional reasonable time for any of the mortgagees or lienholders to
take the ordered action in the event that the owner fails to comply with the
order within the. time provided for action by the owner
Page 40
(c) In the event that the owner fails to comply timelywith the~order of=the Commission,
the only notice the City needs to furnish to a mortgagee-or lienholder of the failure
is a copy of the order
(d) If the Commission .makes .afinding under subsection (a); of ;this .Section; .the ~:
Commission;shall order.~ther:owners,:~lenholdecs~or~~mortgagees~`of°the°abuildng~or~..;., ~._:.>';:~=
structure to within 30 calendardays
(1•) asecure the:building.or structure:.from.unauthorized~-entry.;~~and/or -~
(2) repair, remove, .or demolish the .building. orn structure, unless the ,owner, ~•
.< < ~ ;mortgagee, oc lienholder establishes.-'at<the° hearing,:by a}!~preponderance .of ~- . ; _._A
=the evidence, that the -work cannot reasonably °°be •performed within 30-~• •~ ~ `°~~
calendar days.
(e) If the Commission allows the owner, mortgagee, or lienholder more than 30
. calendar days to repair, :remove, ,orsdemolish. the building. or structure, the
Commission shall .establishspecific tune .schedules for the •commencement and -
«~-~ •~~ performance° of the work~jand shall require the owner; lienholder; or mortgagee to - ...
secure the property 'in a reasonable manner from unauthorized entry while the
work is being performed
;.,~.~(f) ~ t;~The;Commission shall~'not;allow~:#he•~.owner, lienholder;~or:mortgagee;more~~th~an• 90 .,•r n., ~
~,,,°~ ~ }:;calendar days pto~~repair, remove,~.~:or demolish:°ahe<<,building~;;or.s~ tructure:~:or~fully ° ,w~-~ -. Y:~~ ~.x
-~ ~ ., perform •all work required to~comply fully with the .order of the Commission; unless
the owner, lienholder, or mortgagee
(1) submits a detailed plan .and time schedule for the work at the hearing,-and
(2) .establishes at the hearing that .the work cannot .reasonably be.completed
within 90 calendar days because of the scope and complexity of the work.
(g) If the Commission allows the owner, lienholder, or mortgagee more than 90
calendar days to complete any part of the work required to repair, remove, or
demolish the building or structure, the municipality shall require the owner,
lienholder, or mortgagee to regularly submit progress reports to the municipality to
=demonstrate that the owner, lienholder, or mortgagee has complied with the time
schedules established for commencement and performance of the work. The
order may require that the owner, lienholder, or mortgagee appear before the
Commission or the Superintendent to demonstrate compliance with the time
schedule
(h) Within fourteen (14) calendar days after the date that the order is issued, the
Superintendent shall
Page 41
(1) file a copy of the order with the City Secretary;
(2) publish in the official newspaper=of the City a notice containing
. _ ~..A. the street,address,ortegal :description sof the,:property;
B the date of the hearing,
C a brief statement•indicating•the~results of the order;.and
D .instructions stating where-:a complete copy .of z.theorder -may be
obtained, and
(3) File a copy of the notice published pursuant to (h)(2) above in the Official
Public Records of Real Property for the county in which the affected
roperty is located.
(i) The:order shall be deemed: issued .and°effective on the date the,Commission hears
and decides the case
,(j) The order shall be reduced to writing and signed by, the .chairperson of the
Commission
,:(k)_ ~~~~>After .,the ;hearing,stheSuperintendent:=shall~~promptly°mail, by;;certifed:°mail~ return -~- >R.,~,. ~~
. y. receipt requested; a copy of the orderto~theFowner of the building°-or~structure;-and
to any lienholder and mortgagee of the building or structure
(I) A hearing before the Commission shall..not be atbar.against,,or a;prerequisite for,
taking any other action against a violator
Section 7-103. Civil Penalty
(a) After the time to comply with an order of the Commission issued pursuant to
Section 7-102 has lapsed, the Commission may hold a hearing on violations of the
order and may assess a civil penalty against the property owner, in an amount not
to exceed $1,000 per day per violation, or, if the owner shows that the property is
the owner's lawful homestead, in an amount not to exceed $10 per day per
violation, if at the hearing the City proves
(1) the property owner was notified of the requirements of this Article and the
owner's need to comply with the requirements, and was notified of the
Commission's order; and
Page 42
(2) after notification, the property owner committed an act in violation of `this
Article or failed to take an action necessary to•bring the building or structure
into compliance with this Article:and the order of the Commission
(b) A determination made by the Commission under subsection (a) constitutes., prima ,
facie evidence of the penalty~in~~an court•ofircornpetent°jurisdiction in a~civil°suit µM ~~~° ~'-~~
brought by the City for final judgment-inaccordance with the °establishedypenalty ~ ~-~ ;_°- •~~~ ~~
(c) To enforce the civil penalty, the City Secretary shall file with the Tarrant County
District Clerk a certified copy of the order of the Commission, or of the City Council
if the ruling is appealed, establishing the amount and duration of the civil penalty
(d) No other proof shall be required for a district court to enter•final judgment.on the -
penalty
Section 7-104. Work Performed by City.
(a) If the Commission's -order to vacate, secure,~ repair,. remove, or demolish the
building or structure is not complied with within- the ~° allotted time, the
Superintendent may vacate, .secure, .remove, or demolish the building or structure,
or relocate the occupants of the building or structure, at the City's expense.
-~ ~ (b) ~•~ ~The~~~superintendent may repair thenbuilding r=or stcucture,~only ~to -'the ~~:exterit ~`~ °~ ~;~ ~~ ~.°i~_
~~
~~ y: .k ,,,. ~.•:necessary •to,,.bring the :building °or~structure :into°~;compliancek•with~ahe~'minimum~ ~. ~~, ..:~_,`A~::^
_ t= ~••°-~ ystandards of-this Article; and only if the;building,or structure.,is a°residential':building i4 r ~~
or structure with ten (10) or fewer dwelling units The repairs shall: not improve the
.building or structure to the extent that the .building or structure exceeds minimum
building standards.
~- (c) After securing ~a building or structure as provided in-subsection ° (a),"~Fthe
Superintendent may post a notice to vacate on or near the front door of the
building or structure The notice to vacate must be in substantially the following
form.
DO NO~'_OCCUPY
-.This building or structure is in violation of the City Code of the City of Fort Worth
Occupancy is suspended until such time as the violations are corrected and approved by
the Superintendent of the City of Fort Worth Code Compliance Division
It is a misdemeanor to occupy this building or structure or to remove or deface this notice
Section 7-105 Assessment of Lien.
Page 43
(a) If the City incurs expenses under Section 7-104 the Citymay .assess ~the~expense
on, and the City has a lien against,. the property on which the building or structure
was located
(b) If the Commission assesses..a civil:penalty.under Section.7-103,,;the City;has'a:lien '~~ ,x=V -~
against the ~~property on~which~ the~p<building -or~~structure~:was ~located~=to ~~secure'~,~r rt ~ ~':`~ ~-~•
payment of any civil penalty
(c) Alien may-not be made, on property°=protected~as a homestead'under~the Texas
Constitution
-(d) _, The lien, arises and attaches to the property at the.3time the.notice of~•.the aien is
recorded and indexed in the office of the county clerk in #he~,county.~in which the
property is located
(e) The notice of the lien shall contain the name and address of the -owner if that
information can be determined with a ;reasonable .effort;. a legal description of the
real.;:property on' which the .,building or structure was located, the :amount of
expenses incurred by the municipality, and the balance due.
(f) Except as provided. by subsection {g), ahe City's lien to secure payment of a civil
penalty or he costs of repairs, ,removal; ~or demolition, is inferior to.:any previously -• -~'-
~5:.,~, recorded bona fide mortgage~lienzattached~to#he•ceal~property,-~if:the :mortgage=lien ~~ ~ ,, ._~ ~' ~~,~~3
-~..... ,:> r,„.was~.filed for~record,in the office of,~the county.clerk:of~ythe~county,~ina,which~the~real ~~. ~~-.~r,~°~:~~
w_ .property~is;located~before°the°civilpenalty isassessed:or~~th~e~_repair;~removal, oc °- °°-~ ° ~ -~°°~
demolition is begun by the City The City's lien is superior to all previously
recorded judgment liens
(g) If notice .is given and the opportunity to relocate the occupants,of the Abuilding or
.T~ -structure or ao repair, remove, or demolish the.buildi~g. or~structure is afforded to
each mortgagee and lienholder, the lien is a privileged lien subordinate only to tax
liens.
(h) Any civil penalty or expenses assessed by the City under this Article shall accrue
interest at the rate of ten (10) percent per annum from the date of the assessment
until paid in full The lien is extinguished if the property owner or another person
having an interest in the legal title to the property reimburses the City for the
expenses and the civil penalty
Section 7-106. Additional Authority to Secure a Building or Structure.
(a) Without a prior hearing before the Commission, the Superintendent may secure a
building or structure the Superintendent determines
(1) is substandard and a hazard to the public health, safety and/or welfare, and
Page 44
(2) is unoccupied or is occupied only by persons who do not have a right of
possession to the building or structure.
(b) _ After securing .a building ~or .structure as provided in subsection._ (a), the
Superintendent may post;~a°-not~ce~;:;to~svacate .on ..or. ~near:~the front door aof.rthe .'~ ~ ~;~=~~.3` ~ r
building or structure The~noticeaovacate;must:be inm°substantially the~'foltowing~;=- ~~~ ~~~~~~@°µ;=~
form
DO NOT OCCUPY
,_ _ This building or structure is in violation of the City Code of the City of Fort Worth
,~ .Occupancy is suspended until such time as the violations are corrected and approved by
the Superintendent of the City of Fort Worth Code Compliance~Division _..
Its a misdemeanor to occupy this building or structure to remove or deface this notice
(c) Before the 11~' calendar day after the date the building or structure is secured, the
Superintendent must give notice to the owner by
(1) personally serving the owner with written notice, or
(2) :mailing such notice by.certified mail, return= receipt requested to~;the.~owner
ra ~ .. 3=.>.5atahe owner's~last:known~post office addresS~and~shall;~befdeemedrto:~have
been.served three (3) •calendar daysafter mailing,
(3) • ~ publishing the notice at least twice :within a ,ten (10)' calendar day period in
the official newspaper of the City_if personal service cannot be obtained and
the owner's post office address is unknown, or
a(4) posting the notice on or near.the.front door of the„building. or structure if
personal service cannot be obtained and the owner's post office address is
unknown
(d) The notice must contain
(1) an identification, which is not required to be a legal description, of the
building or structure and the property on which it is located,
(2) a description of the violation of the standards established by this Article,
(3) a statement that the Superintendent has secured the building or structure,
and
(4) an explanation of the owner's entitlement to request a hearing about any
matter relating to the Superintendent's securing of the building or structure.
_. „ ,--
Page 45
(e) The Commission shall conduct a hearing at which the owner maytestify or present
witnesses or written information about any matter relating to the Superintendent's
securing of the building. or structure, if within thirty (30) calendar days after the date
the .Superintendent secures the :building. or.,.structure, the -owner~filesE-a.kwcitten .h.~..- ,,,
_ °request,;foraa hearing: with~the~Superintendent.~wThe~Commission~xsh'all~conduct ~t#ie - ~ ~~~~r;r~..
~t hearing within twenty (20) :caaend~ar days~~after.thedateXahe~owner,~fles~:a requestfoi-~ x ~~~ ° ':~'
hearing
(f) -The-Commission will conductw• he hearing ~in °the manner °provided. for :by~;this ~-~
Division The issues to be~determined in such hearing are
(1) -whether the building or° structure ~was~ substandard; .and -a hazard. to the
public health, safety and/or welfare at the time it was secured,
(2) whether the building or structure, at the time it was secured, was
unoccupied or was occupied only by persons who did not have a right to
possession of the building or structure, and
(3) whether the building oratructure is°a~construction site where there has been W
no significant construction work4done in the previous-three. (3) months, and
the site is not~_secured by ~a fence or~other*. means to prevent its use by ~i~
:• ~ ~- ~ .:-'~k~° „~y:children$or.byvagrants~or.other~uninvitedpersons°as~a~placeofhacborage. _.~~~ .~,F,r.=~e:~ ,
(4)~a ~ ~whetherthe building~or structure-is~a;construction~site~where there`has`been ~~~ ~~
no significant construction~work done°in the previous three (3).months, and
all building materials and construction equipment and tools have neither
been removed from the site nor secured at the site to prevent their use by
children, their theft, their deterioration, their vandalism, or..,.their-hacborage of
rodents or insects
(5) whether the expenses incurred by the City to secure the building or
structure were reasonable
(g) The City may assess expenses for securing a building or structure in the manner
provided for in Section 7-105 above Alien is created under this section in the
same manner as a lien is created in Section 7-105, and is subject to the same
conditions as a lien created under that section
Section 7-107. City Council Review
(a) Any owner, lienholder, or mortgagee of record of property jointly or severally
aggrieved by an order of the Commission issued under this Article may file a
written petition with the City Council to review the order of the Commission The
petition shall specify
Page 46
(1) that the order of the Commission is unreasonable, either in whole or~ in part;
and
(2) the grounds for the appeal
(b) The petition°must be filed.by:pan,kowner~lienholder,;,nor,mortgagee~~within~kten~(10) ,.> ..~~„~
calendar days of the effective-date°:of~.the :orderfof the Commission.. The~Fappeal • °--~°~~~.
shall be filed no later than 5 00 p m. with .the City Secretary
(c) An order of the Commission that is~not appealed to the City Council shall become
final after the expiration of the ten (10) calendar day period
(d) The City Council shall hold a public hearing to review the order of .the Commission
no earlier than the tenth (10`h) calendar day after the petition is filed and no later
than the thirtieth (30'h) calendar day after the petition is filed The Superintendent
shall give the petitioner a minimum of three (3) calendar .days notice of rthe-date,
time, and place of the City Council hearing ,.Notice shall be .in writing and sent
certified mail, .return receipt~requested , The;petitioner;.and the Superintendent:may
both present arguments and evidence to the City Council during -the hearing The
City Council's~review shall:be limited to the following issues
q ._ ~-- s t~ (1,) ~~ ~~Wh.ether °substantiak~:evidence,~was presented:.to :.the;;Commission.~to~support ~°~ . _~u-~~,:~~ t
... ~ ;the Commission's determnation-that the. building~or~structure:is. ~ ~ ,~ ,
(a) substandard, or
(b) substandard and a hazard to the.public health, safety.and/or welfare
(2) Whether the Commission's determination that thebuilding :or structure
should be demolished is supported by substantial evidence.
(3) Whether the petitioner can reasonably complete the work required within
the time granted by the Commission
(4) Whether the amount of civil penalty assessed by the Commission is
unreasonable
(e) The City Council may reverse, reverse and remand, modify, or uphold the order of
the Commission, and shall issue its decision in a written order The City Council
shall be held to the same restrictions as the Commission, as specified in Section 7-
102 of this Article The City Council order shall be deemed issued and effective on
the date the City Council hears and decides the case.
Page 47
(f) After the hearing, the Superintendent °shall commit to~,writing and. ;mail ,by `certified
.mail, return .receipt requested, a copy of the City Council's order to the owner of
the building or structure, and to any lienholder and mortgagee of -the building or
structure
~(g) :~ A hearing °before.the City~~Councils.hall>~exhaustahe;:administrativencemediesKofX'a ". ~. < ~I~-kww,~
property owner, mortgagee; or.:IienhoLder~under~this;Article -~~ ~°~ _a°- -~ °~~.
Section 7-108. Judicial Review..
(a) Any owner, lienholder,. or mortgagee of .record of .property jointly or severally
aggrieved.. by an .order of the City Council issued under~thisF Article, may file a
verified petition in a Tarrant County civil district court:
(1) setting forth that the City Council's decision is illegal, either in whole or in
part; and
(2) specifying the grounds of the illegality
(b) The petition must be filed by an owner, lienholder, or mortgagee within thirty (30)
calendar days after the effective date of the City Council's hearing
(c) The order of.the~City Council, .a~ copy~of~which>is,~mailed~to the owner;~lienholder or~ -_{' ~°
.r..-mortgagee. by first°~class,~ certifed, ,return _receipt~requested;:mail,w~,becomes final ~~ =`1 ~<.~ :.
upon the expiration of the thirty (30) calendar day period
(d) Upon the filing of the petition, the court may issue a writ of certiorari directed to the
City #o review the City Council's order, and _shall :prescribe in the writ the time
within which the City must make a return on the writ. .Such .time must be~greater
than ten (10) calendar days and must be filed -with and served on "the City
Secretary
(e) The City shall not be required to return the originals of papers called for in the writ,
and it shall be sufficient for the City to return certified or sworn copies of such
papers or parts thereof
(f) In the return the City shall set forth other facts that may be pertinent and material
to show the grounds of the City Council's order The return must be verified
(g) The issuance of the writ does not stay the order
(h) The appeal in the district court shall be limited to a hearing under the substantial
evidence rule. The court may reverse or affirm, in whole or in part, or may modify
the City Council's order
Page 48
(i) If the City Council's order is affirmed or not substantially reversedr~-but only
modified, the district court shall allow the City all attorney's fees .and other costs
and expenses incur-ed by the City,. and shall enter a judgment for those items,
which maybe entered against.,the;property owners,.~~lienholders,Aor~~mortgagees, as =v,°~.~.:;; °:*s.~-;..k._~..
well as all persons subject 3o the~:City.Council's°order. -..,. _ ~ ;w~.
Section 7-109. Preservation of Historic Properties.
(a) Prior to the issuance of notice for a hearing under Section 7-102 of this Article, the
Superintendent shall request~a hearing. before .the Landmarks,Commission kof the ~ a~.
City of~Fort Worth if the building orstructure which is'the subject of~the h~earing4is
(1) designated or pending designation as
A. highly significant endangered property;
B historic and cultural landmark; or
C demolition delay; or
(2) located in an area designated or pending designation .as an historic and
cultural landmarks district; and
(1) is not asingle-family dwelling occupied by the owner
(b) The Superintendent may secure the structure from entrance until the requirements
in subsection (c) of this Section are completed
(c) -~ ;_ The,:Landmacks Commission shall review=~the~.condition of~the .building or structure
to determine whether it can be reasonably rehabilitated, and shall submit a written
report of its findings and recommendations to the Superintendent within sixty (60)
calendar days from the date of the initial Landmarks Commission hearing
(d) If the Landmarks Commission determines that the building or structure cannot be
rehabilitated, the Superintendent may proceed as provided in Section 7-102
above, and the Building Standards Commission may order its demolition
(e) If the Landmarks Commission determines that the building or structure can be
reasonably rehabilitated, the City may not permit the building or structure to be
demolished for at least ninety (90) calendar days after the date the report is
submitted to the Superintendent. During this ninety (90) calendar day period, the
City's historic preservation officer, shall notify the building or structure's owner to
afford the owner an opportunity to attempt to identify a feasible alternative use for
Page 49
the building or structure or to locate- an alternative purchaser to rehabilitate and
maintain the building or structure
(f) If the City is not able to locate the owner or if, the owner ~does..not <respond within
the .ninety (90) calendar day period;;the ~Su,perintendentzmayproceed as ~.provided'~.~
by Section 7-101 above,::~and~`the~Cty may~:<then~:file~ ~suit~s~pursuarit.~to ~S:ection ° "T
. ~,.~.M _; m.
214 003 ~of the TexasLocal-Government Gode for the-appointment ,of :a°~~receiver ~~~° ,~ ~~~~~-~- °~
A-~receiver may not be .appointed #oc-a-building or structure that is ~an owner-
occupied single-family residence ~~or that is zoned nonresidential .andused ~ in a ~~
nonresidential character
(g) The Superintendent may proceed as,provided in Section 7-101 .above;=sand the
Building Standards Commission -may order the •°demolition ~of a building or
structure, if after the expiration of the ninety (90) calendar day period the City is not
able to
(1) identify a feasible altecnative~use for the building or structure,
(2} - ~~ .locate an alternative purchaser°to~rehabilitate~~and maintain the building or
structure, or
(3) appoint a receiver for the building or structure, ;as provided „by .Section
214 003 of the Texas Local Government Code
(h) An owner of a substandard building or structure°declared--to~be yin=violation~of this
Article is not liable for penalties related. to the building or structure that. accrue
during the ninety (90) calendar day period provided =for disposition. of historic
property under this section
Section 7-1:10. =Quarterly Report,..to.CityCounclof:Buildings .or_;:Stcuctures on
the Demolition/Rehabilitation List.
(a) The Superintendent shall make quarterly reports to .the City Council of all buildings
or structures on the City-Funded Demolition/Rehabilitation List. The report shall
list each building or structure by its street address, owners of record, City Council
district, length of time on the list, and its priority on the list.
(b) The Superintendent shall list buildings or structures on the report as Priority One
Demolish, Priority One Rehabilitate, Priority Two Demolish, Priority Two
Rehabilitate, Priority Three Demolish, and Priority Three Rehabilitate, and shall
develop criteria for determining a building or structure's placement in a category
(c) The City Council, by a majority vote, may remove a building or structure from the
list or may change its priority on the list.
Page 50
Section 7-111. Appointment of a Receiver.
In accordance- with Section 214 003 of the Texas Local Government Code, the City may
bring an action in district court against an owner of residential property that is not in
substantial compliance- with the .minimum-standards-of<this Article; ~seeking~ an~ order~from
the Court appointing a~receivertoatakelControlrof,~and.~restore.;the.property -~T
Section 7-112. Civil Action Without Commission Hearing
(a) The City may bring suit for injunctive.-relief~and. civil .penalties against the owner.of
property in violation of this Article, ~or to compel the demolition or repair°of~~buildings w
or structures, as provided for ~by;Texas Local -Government- Code Chapter 54, i
Subchapter B
(b) Filing a suit for civil penalties, injunctive relief, or other remedies shall not be a bar
against, or a prerequisite for, taking any other action against a violator
Sections 7-113 through 7-120 reserved.
DIVISION 5 CRIMINAL ENFORCEMENT
Section 7-121. Maintaining a Building or. Structure In,Violation of This Article. ~ '
A.person commits an offense:if the. person owns or is .in~control~of-a building°orstructure ~~ „~-'~~..
that is in violation of this code
Section 7-122. Failure to Secure a Vacant Building or Structure.
A person commits an offense if the person owns or is°in°°control of a building or structure,
. :.regardless of .its .condition,~;that .isunoccupied by -its owners;:Mlessees;ryorp~invitee's~~~and
knowingly fails to
(a) secure such building or structure from unauthorized entry; or
(b) keep such building or structure secured from unauthorized entry
Section 7-123. Occupancy of a Building or Structure Posted With a Notice To
Vacate.
(a) The Superintendent shall post a Notice To Vacate in a conspicuous place at or
upon any building or structure which he or she determines might from any cause
endanger the life, limb, health, property, safety and/or welfare of the general public
or any occupants of said building or structure. In addition, the Superintendent shall
Page 51
issue a written notice of the violations to;the owner and or person;in~control~of the
building or stnacture, describing the violations-of this code that require:correction
(b) Every Notice To Vacate shall be in substantially the following form;
r .;DO~"NOTpOCGUPY
This;buildina or structure isainviolation=of the City Code~of the City°'of}Fort~Worth ~ ~ .~ r=~, ~ ~.~ ;~:
,.Occupancv~is susgended•~untih. uchtime~as the~violations~are Corr ~ted~`and~ ~ ~~~ ~f,~~~
Y Y aoproved by the Superintendent~of the City of Fort Worth CodejCompliance - ~~ °,.,,~-~_~~~-~
Division.
It is a misdemeanor to occupy this building~or structure or to remove or deface~this notice ,
(c) Regardless of such notice. being posted, ~it,shall be°:unlawful for.any person.~to use,
enter, remain in, or occupy any building or structure .nor shall any owner or-person
in control of any building or structure permit any person to use, enter, remain in, or
occupy such building or structure which thee-Superintendent determines to be in
violation. of this Article It shall be a defense to .any prosecution occurring under
this paragraph that entry was made for the sole-:purpose of repairing, demolishing,
or removing such building or structure
,. {d) ~~ Itshall-be unlawful for~any~personrto removeor~~deface such notice. until either-the ~~
requireddemolition or removal ~h~as~ beencompleted .and approved by the'Building -~ ~ ~`~
u Official or:until-ahe required.;.repairs:=,have y been.'~completed and.~a~~certificate °of ~-- =~ .,,.,,~.~,
,N. ;:,.occupancy :has been :issued-;pursuant ~to~the~.provisions';of the Building~Code~°and~ ~~ ~a.. ~<
suspension of the building or ~structure's~ ~occupancy~ is.~~~rescinded ~.by, the -~
Superintendent of the Code Compliance Division
(e) For the purpose of prosecution under this section, it shall be presumed that such
notice was served 'and posted by the ..proper authority and _ under the~~proper
.,.,,_._ ~_ ~~ ,.procedure,:if .it~.is:,shown that such notice was;~rconspicuously.~~posted~:on:~such
building or structure on the offense date alleged in the criminal complaint.
Section 7-124. Removing or Defacing a Notice to Vacate.
A person commits an offense if the person removes or defaces a Notice to Vacate posted
by the Superintendent without the permission of the Superintendent.
Section 7-125. Penalty
(a) An offense as defined under this Article is a misdemeanor punishable by a fine not
to exceed $2,000 00 Each separate occurrence of a violation or each day that a
violation continues shall constitute a separate offense
Page 52
(b) The filing of criminal charges shall not-.be~a~bar%against,>or.a~prerequisite for;'~taking
any other action against a violator
Section 7-126. Criminal Citation..
=The Superintendent or any other-representative :of ~therGity:of~fForttWorth~is~authorized~tor ~~ ~~= 4- 4, ~-
issue citations for violations of this Article
Sections 7-127 through 7-165 reserved.
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 in 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~areseverable; 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
Page 53
Any person, .firm or corporation who;.violates, disobeys, omifisr=neglects~~or refuses
to comply with or who resists the enforcement of any of the .provisions of this =ordinance
shall ~be fined. not.more.than;two,#housand dollars ($2;00000) for~each offense.~_.~~Each.day .~~:'.,.~.
that a violation is permitted.to ~existshall=constitute a~~separate offense ~ _ :o. Y~ ,._ - w.:~~~°:
SECTION 5
All rights and remedies _of the City of Fort Worth, Texas, are expressly saved as to
any and all violations of the provisions of the ordinances amended in Section 1, 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 in 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
The City Secretary of the City of Fort Worth, Texas, is .hereby directed to publish
the caption and Section 4 of this ordinance for two (2) days in the official newspaper of the
rCity of.:Fort Worth, Texas, .as authorized :by Section~2, Chapter.XXU.a~ofahe.aCharter~of the
City of Fort Worth, Texas, and by Section 52 013, Texas Local Government Code.
SECTION 7
This ordinance shall be in full force and effect after its passage and publication as
required by law
Page 54
A OVED AS TO FORM ND LEGALITY
ISTANT Cl
DATE: .3~~~~9g
ADOPTED..`/3/19
EFFECTIVE:
Page 55
p
s
a
MINIMUM BUILDING STANDARD CODE
FOR ALL BUILDINGS AND STRUCTURES IN THE CITY OF FORT WORTH
TABLE OF CONTENTS
Page Section
1 Recitals
2 Section 1
2 Article IV Division 1 In General
2 Section 7-66 Short Title
2 Section 7-67 Purpose of Article
3 Section 7-68 Definitions
Approved
4 Definitions continued
Attractive nuisance
Building
Building Code
Building Official
Commercial waste container
Gurtilage
Demolition delay property
Director of City Services
Doorknob lock
Door viewer
Dwelling
5 Definitions continued
Dwe{ling unit
Efficiency dwelling unit
Electrical Code
Environment Code
Exit
Fire Code
Fire Marshal
Floor area
French doors
Garbage
Habitable room
6 Definitions continued
Hazard to the public health, safety and/or welfare
7 Definitions continued
Hazard continued
8 Definitions continued
Hazard continued
Health Code
Health Director
Highly significant endangered property
Page 56
Historic and cultural landmark
Historic and cultural landmarks district
Hot water
Human consumption
9 Definitions continued
infestation
Keyed dead bolt
Keyless bolting device
Kitchen
Landlord
Landmarks Commission
Lodging house
10 Means of egress
Mechanical Code
Multifamily dwelling
New construction
Nuisance
11 Definitions continued
Other pests
Owner
Pedestrian walkway
Plumbing Code
Possession of a dwelling unit
Potable water
Property
Public area
Putrescible waste
Rubbish
12 Definitions continued
Security device
Service room or building
Sliding door handle latch
Sliding door pin lock
Sliding door security bar
Solid waste
13 Definitions continued
16 Structure
Substandard
Superintendent
Vector
Water closet
Window latch
Zoning Ordinance
Sections 7-69 through 7-75 Reserved
Division 2. Administration
Page 57
Section 7-76 Superintendent
17 Section 7-77 Building Standards Commission
18 Sections 7-78 through 7-85 Reserved
Division 3 Minimum Standards for Buildings and Structures
Section 7-86 Declaration of Minimum Standards, Owner Responsibility
19 Section 7-87 Structural and Materials Standards
General
20 Construction materials
Roofs
Chimneys
21 Foundations
Floor area of dwelling units
22 Floors
Bathroom floors and walls
Counter tops and backsplashes
Interior walls and ceilings
Exterior windows
23 Exterior doors
Access, means of egress and emergency escape
24 Window size requirements
Bars, grilles, grates
Ventilation in habitable rooms
25 Ventilation in bathrooms
Balconies, landings, porches, decks, and walkways
26 Handrails and railings
Steps and stairways
Fences, retaining walls and barriers
27 Barriers
28 Section 7-88 Mechanical Standards
Air conditioning
Heating
29 Appliances
Section 7-89 Plumbing Standards
Plumbing fixtures
30 Fuel supply
Kitchen sinks, lavatory sinks, toilets, showers, bathtubs
31 Water heating equipment
32 Section 7-90 Electrical Standards
Section 7-91 Fire Protection Standards
33 Fire hydrant clearance
Property address numbers
Fireplaces
34 Gasoline and gas-fueled vehicles and equipment
Smoke detectors
Smoke detectors continued
Page 58
36 Section 7-92 Standards for provision of utilities to dwelling units by.a landlord
37 Section 7-93 Sanitation Standards
Infestations
Screens
38 Public toilet and shower facilities
Swimming :pools, spas, ponds. and fountains
Sewage overFlow
Vacant dwellings
Public areas
Solid waste collection in multifamily dwellings
40 Section 7-94 Miscellaneous Standards
Storage
Playground equipment at multifamily dwelling complexes
41 Dead trees and limbs
Special hazards
Section 7-95 Security Devices
Security devices
42 Height, strike plate and throw requirements
43 Section 7-96 Tenant Responsibilities
Smoke detectors
Portable barbeque pits, appliances, incinerators
44 Tenant responsibilities continued
Plumbing fixtures, heating equipment
Infestations
Garbage, trash
Solid waste containers
Electrical extension cords
Division 4 Administrative and Civil Remedies
Section 7-97 Notice of Violation
Notice _
45 Action plan
Section 7-98 Compliance Agreement
Section 7-99 Report to City Council -intent to take Building to the Building Standards
Commission
46 Section 7-100 Proceedings before the Commission
47 Section 7-101 Notice of Proceedings
48 Section 7-102 Hearing before the Commission
52 Section 7-103 Civil Penalty
53 Section 7-104 Work performed by the City of Fort Worth
54 Section 7-105 Assessment of lien
Section 7-106 Additional authority to secure a building or structure
57 Section 7-107 City Council review
58 Section 7-108 Judicial review
59 Section 7-109 Preservation of historical properties
62 Section 7-110 Quarterly report to City Council, demolition/rehabilitation list
Page 59
-~~
t
Section 7-111 Appointment of a receiver
Section 7-112 Civil action without commission hearing
63 Sections 7-113 through Section 7-120 Reserved
Division 5 Criminal Enforcement
Section 7-121 Maintaining abuilding/structure in violation of this article
Section 7=1'22 Failure to secure.,a .bulding:~or<=structure
t
Section 7-123 Occupancy of,a ~buildin.g .orr tructure:posted with :notice,to vacate `"
64 Section 7-124 Removing or defacing.a notice to~vacate
Section 7-125 Penalty
65 Section 7-126 Criminal citation
Sections 7-127 through 7-165 reserved
Section 2 Cumulative clause
Section 3 Severability clause
66 Section 4 Fine provisions
Section 5 Saving clause
Section 6 Publication
Section 7 Force and effect
67 Authentication page, effective and adoption date
Page 60
City of Fort Worth, Texas
M'AIJOC ADa Council Cammun~cAt~on
DATE REFERENCE NUMBER LOG NAME PAGE
3/23/99 G-12512 21 STANDARDS 1 of 1
SUBJECT AMENDMENT OF THE CODE OF THE CITY OF FORT WORTH, CHAPTER 7, ARTICLE
IV, MINIMUM BUILDING STANDARDS CODE
RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance revising Chapter 7, Article IV,
"Minimum Building Standards Code" of the City of Fort Worth
DISCUSSION
The Minimum Building Standards Code ("the Code") establishes minimum standards for the continued
use and occupancy of buildings and structures within the City of Fort Worth It provides for a Building
Standards Commission, hearings to determine if buildings are substandard, and civil and criminal
remedies
On March 25, 1997 (M&C G-11833), the City Council adopted Ordinance No 12932 which significantly
revised the Code. Since then, a number of issues have been identified by the City Council, the Building
Standards Commission, City staff, and other interested parties. The proposed amendments address
those issues. The proposed amendments include incorporating provisions of Chapter 54, Texas Local
Government Code, into the Code, amending procedures for handling cases that are submitted to the
Building Standards Commission, and eliminating conflicts with other City codes.
These amendments have been reviewed by the Facilities and Infrastructure Committee, the Safety and
Community Development Committee, the Construction and Fire Prevention Board of Appeals, and the
City Council as a whole during its Pre-Council meeting on March 11, 1999
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that this action will have no material effect on City funds.
CB k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
APPROVED
Charles Boswell 8511 CITY COUNCl1..
Originating Department Head:
MAR 23 19~
Tom Davis 6300 (from)
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Additional Information Contact: ,
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City
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Tom Davis 6300
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