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HomeMy WebLinkAboutOrdinance 11899ORDINANCE NO ' ~ ~. AN ORDINANCE AMENDING APPENDIX VII-A OF SECTION 13-2 OF CHAPTER 13 OF THE CODE OF THE CITY OF FORT WORTH (1986),AS AMENDED, ENTITLED "SCHEDULE AND PROCEDURES OF FIRE INSPECTION CERTIFICATES AND FEES", BY AMENDING PARAGRAPH 6 THEREOF TO INCREASE THE FIRE INSPECTION FEE PRESCRIBED THEREIN, AND BY AMENDING PARAGRAPH 9 THEREOF TO PROVIDE THAT AN OWNER OR MANAGER OF A BUII.DING LESS THAN FOUR STORIES IN HEIGHT MAY ELECT TO HAVE THE FIRE INSPECTION FEE FOR THAT BUILDING CALCULATED AND BILLED IN THE SAME MANNER AS FIRE INSPECTION FEES ARE CALCULATED AND BILLED FOR BUILDINGS FOUR OR MORE STORIES IN HEIGHT, PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE, PROVIDING FOR SEVERABILITY, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR PUBLICATION IN PAMPHLET FORM, PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER, AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS SECTION 1 That Appendix VII-A of Sectron 13-2 of Chapter 13 of the Code of the City of Fort Worth (1986), as amended, entitled "Schedule and Procedures of Fire Inspection Certificates and Fees", ~s hereby amended by deleting Paragraph 6 thereof m rts entirety, and substituting m lieu thereof the following: "6 (a) The following two (2) elements shall be used m determining the inspection fee to be charged I. Number of square feet m building. II. Number of stories in building. "(b) The inspection fee shall be developed according to the following formula. (Total floor area feet) + (multiple story charge) "I. Charge per square foot of floor space of the business, structure or facility inspected Number of Square Feet Base Fee Less than 5,000 $25 00 5,001 to 10,000 30 00 10,001 to 25,000 35 00 25,001 to 50,000 50 00 50,001 to 75,000 75 00 75,001 to 100,000 100 00 "Greater than one hundred thousand (100,000) square feet shall be charged the base rate of one hundred dollars ($100 00) plus twenty dollars ($20 00) for each additional fifty thousand (50,000) squaze feet of floor area, or portion thereof. "II. Multiple story charge. an additional charge of five dollars ($5 00) per floor shall be charged for inspection of multiple story buildings four (4) stories or more in height. "III. Shopping malls shall be assessed an inspection fee based on total floor area of the public areas within the structure plus the per story charge. The individual tenant spaces will be assessed on the basis of the square footage of individual space." SECTION 2. That Appendix VII-A of Section 13-2 of Chapter 13 of the Code of the City of Fort Worth (1986), as amended, entitled "Schedule and Procedures of Fire Inspection Certificates and Fees", is hereby further amended by deleting Paragraph 9 thereof in its entirety, and substituting in lieu thereof the following: "9 Optional fee calculation and billing. An owner or manager of a building which is less than four (4) stories in height and which building is required to have a certificate of inspection as prescribed in Paragraph I(a) hereoiy may effect to have the fire inspection fee for that building calculated and billed in the same manner as fire inspection fees are calculated and billed for fire inspection certificates required under Paragraph I(b) hereof. As a condition for such optional calculation and billing, the owner or manager of said building must make a written request to the Fire Marshal asking to have the fee calculated and billed in that manner; stating that the owner or manager desires to be billed directly; and acknowledging that the owner or manager will be responsible for payment of the fees. The Fire Chief is hereby authorized to 2 disallow the exercise of this option if the owner or manager fails to provide information and assistance in accordance vv~th the Fort Worth Fire Department Standard Operating Procedures." SECTION 3 This ordinance shall be cumulative of all provisions of the ordinances and of the Code of the City of Fort Worth (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 4 It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, convert, demolish, equip, use, occupy or maintain any building or structure in the City or cause the same to be done contrary to or in violation of any of the provisions of this Code. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Code shall be fined not more than Two Thousand Dollars ($2,000 00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5 It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared 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 3 been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6 All nghts and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Chapter 13 of the Code of the City of Fort Worth, as amended, or any other ordinance affecting construction and fire safety, which accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and cruninal, whether pending in court or not, under such circumstances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 7 This ordinance constitutes a digest and revision of the Fire Code of the City of Fort Worth, as provided in Section 2, Chapter XXV, and Section 9, Chapter XXVII, of the Charter of the City of Fort Worth. The City Secretary of the City of Fort Worth, Texas, is hereby authonzed to publish this ordinance in pamphlet form for general distribution among the public, and the operative provisions of this ordinance, as so published, shall be adrrussible in evidence in all courts without further proof than the production thereof, as provided in Chapter XXV, Section 3, of the Charter of the City of Fort Worth, Texas. SECTION 8 The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption, penalty clause and effective date of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Section 52.OI3, Texas Local Government Code. 4 SECTION 9 This ordinance shall be in full force and effect thirty (30) days after its passage and publication as required bylaw, and it is so ordained. APPROVED AS TO FORM AND LEGALITY ~{~'"`" u'ty rney Date:_ ~~SF 1~S'~ Effective: pjp %I~ of}' ~ ~ s ~54$IjY~ I ~ S ~ 1 ti . ~; i 1 `. 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