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ORDINANCE NUMBER ________

AN ORDINANCE AMENDING THE FORT WORTH BUILDING CODE AND RESIDENTIAL CODE, BY AMENDING SECTIONS 7-47 AND 7-62 OF THE CODE OF THE CITY OF FORT WORTH (1986), TO CORRESPOND WITH AMENDMENTS BEING PROPOSED TO THE FIRE CODE FOR ALARMS, SMOKE AND HEAT VENTS, ELECTRONIC LOCKS, EXISTING BUILDINGS AND UPDATING REFERENCED STANDARDS; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 1.
City Code, Section 7-47, “Amendments”, paragraph (b), “2003 International Building Code”, is amended by changing the following sections as noted:
*IBC Section 903.1.1; change to read as follows:
[F] 903.1.1 Alternative protection. Alternative automatic fire-extinguishing systems complying with Section 904 shall be permitted in lieu of addition to required automatic sprinkler protection where recognized by the applicable standard and approved by the building fire code official.
*IBC Section 903.2.8.4; add to read as follows:

903.2.8.4 Self-service storage facility. An automatic sprinkler system shall be installed throughout all self-service storage facilities. The minimum sprinkler system design shall be based on an Ordinary Group II classification, in accordance with NFPA 13 requirements.

Exception: One story self-service storage facilities, that have no interior corridors, with a one-hour fire barrier wall installed between every storage compartment.
*IBC Section 903.2.10.3; change to read as follows:
903.2.10.3 Buildings over 55 feet in height. An automatic sprinkler system shall be installed throughout buildings with a floor level, other than penthouses in compliance with Building Code Section 1509, having an occupant load of 30 or more that is located 55 feet (16 764 mm) or more above the lowest level of fire department vehicle access.
Exceptions:


  1. Airport control towers. (delete)

  2. Open parking structures with no other occupancies above and in compliance with Section 406.3

  3. Occupancies in Group F-2. (delete)


IBC Section 903.3.5; add a second paragraph to read as follows:
Every fire protection system shall be designed with a 5 psi safety factor. Reference Fire Code Section 508.4.1 for water supply test date and information requirements.

*IBC Section 903.4.2; change to read as follows:

[F] 903.4.2 Alarms. Approved audible sprinkler water-flow alarm devices shall be connected to every automatic sprinkler system. Such sprinkler water-flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Alarm devices shall be provided on the exterior of the building in an approved location. Where a fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system.

The alarm device required on the exterior of the building shall be a weatherproof horn/strobe notification appliance with a minimum 75 candela strobe rating, installed as close as practicable to the fire department connections. Adjacent to the alarm shall be a sign which states:
“WHEN ALARM SOUNDS, CALL FORT WORTH FIRE DEPARTMENT, 9-1-1, {insert address}”
and which contains the address of the property as indicated on the Certificate of Occupancy. The sign shall consist of red letters of 1 inch minimum height on a white reflective background.

*IBC Section 907.9.1; exception 1 changed and a new exception 3 added to read as follows:
Exceptions: 1. Visible alarm notification appliances are not required in alterations, upgrades or replacement of except where an existing fire alarm system is upgraded or replaced, or a new a fire alarm system unless the originally installed system required visual notification is installed.

2. Visible alarm notification appliances shall not be required in exits as defined in Section 1002.1.



3. Visual alarm notification appliances shall not be required in Group I-2 operating rooms.

*IBC Section 909.18.8; change to read as follows:
[F] 909.18.8 Special inspections for smoke control. Smoke control systems shall be tested in accordance with this section and as directed by the fire code official by a special inspector.

*IBC Section 910.3.1.2; add a second paragraph to read as follows:

The automatic operating mechanism of the smoke and heat vents shall operate at a temperature rating at least 100°F greater than the temperature rating of the sprinklers installed.

*IBC Section 1008.1.3.4; changed to read as follows:
[F] 1008.1.3.4 Access-controlled egress doors. Devices that restrict or control access or exiting through the use of an electrical or electronic means shall be permitted to be installed in accordance with this section, Section 1008.1.9, and Section 403.12. An Access Control Permit is required from the Fire Department (See Fire Code Section 105).
[F] 1008.1.3.4.1 General. Electronic locking devices installed in such a manner that the method of unrestricted exiting relies upon electricity or electronics instead of mechanical means shall comply with this section. All equipment shall be listed or approved for the intended application.


  1. Access to exits, even in non-fire situations, shall be available to all individuals, even those individuals that are considered as unauthorized. Door release mechanisms shall be made available.


Exception: Locations for occupants needing self protection because of reduced mental capacities, or as otherwise approved by the fire code official.


  1. Automatically release upon activation of the fire alarm system, if provided. The control devices shall remain unlocked until the system has been reset.




  1. Automatically release upon loss of electrical power to the building or to the electronic device. Locking mechanisms shall not be provided with emergency backup batteries.


[F] 1008.1.3.4.2 Door release mechanisms. Only one action shall be required to release the door. One of the following release methods shall be utilized:

1. Provide an electronic release bar. Such bars shall be installed so that pushing on the bar will provide egress. Bars shall be the positive latching type, or as approved by the fire code official. These devices shall comply with Section 1008.1.9 and shall be located 34 to 48 inches above the finished floor.

2. Provide a motion detector. Upon detection of an approach, the device will automatically unlock the secured door. When using a motion detector, an exit button, that meets the requirements of this section, shall also be installed in case of failure of the motion detector device.
3. Provide an exit button. When operated, the exit button shall result in direct interruption of power to the locking device, independent of the access control system, for a minimum of 10 seconds. Exit buttons shall be red or green in color, square or round, and at least 1 ¾ inch in size. They shall be located forty (40) to forty-eight (48) inches vertically above the floor and within two (2) feet of the related door, or as approved by the fire code official. A sign shall be located directly adjacent to the button with the words “Push to Exit", having minimum 1 inch high red lettering on a white background. If the exit button is labeled “Exit” or “Push to Exit”, an additional sign is not required
Exceptions:

  1. When approved by the fire code official, an emergency pull box or a break glass emergency pull box may be located adjacent to the door to activate the release in an emergency. This box shall be easily identifiable, contrasting with any other box in the area, and located forty (40) to forty-eight (48) inches vertically above the floor and within two (2) feet of the related door, or as approved by the fire code official. An approved sign shall be adjacent to the box with an appropriate message such as “Pull to Open Door” or “Break Glass to Open Door”, having minimum 1 inch high red lettering on a white background. Momentary, or latching, devices must directly interrupt power to the locking device, independent of the access control system for a minimum of 10 seconds.


  2. When approved by the fire code official, a means of two-way communication to an on-site twenty-four (24) hour security center may be provided adjacent to the secured door. The communication device shall be located forty (40) inches to forty-eight (48) inches vertically above the floor and within two (2) feet of the related door, or as approved by the fire code official. The security center must be able to remotely unlock the door immediately. The two-way communication circuit shall be supervised as defined in the Fire Code. An approved sign shall be adjacent to the communication device with an appropriate message such as “Call Security to Open Door”, having minimum 1 inch high red lettering on a white background. Failure of the supervising communication circuit shall immediately notify the security center and the related door shall remain unlocked until the means of communication is repaired.

  3. When approved by the fire code official, a control for unlocking the door may be provided at the nurse station and a release method, such as a keyed control, control pad, or card reader, is provided at the secured door. Such devices shall be located forty (40) inches to forty-eight (48) inches vertically above the floor and within two (2) feet of the related door, or as approved by the fire code official. This is allowed only for the hospital wing related to the nurse station in a Group I occupancy having complete automatic fire sprinkler protection.


[F] 1008.1.3.4.3 Delayed egress locks. Delayed egress locks shall not be installed. (If time delay is approved as a variance, compliance with Fire Code Section 907.2.15 and Building Code Section 1008.1.8.6 shall also be required.)


*Section 3417.2; changed to read as follows:

[F] 3417.2 Fire Alarms/Smoke Detectors. Regardless of the date of occupancy, approved fire alarms/smoke detectors shall be provided in accordance with Sections 907.3 and 907.21 of the Fire Code.


*Section 3425.1.4; changed to read as follows:
[F] 3425.1.4 Single-station smoke detectors. See Sections 907.3 and 907.21 of the Fire Code.

*Section 3425.1.11; changed to read as follows:
[F] 3425.1.11 Unlocked stairway doors. Exit doors into exit stairway enclosures shall be maintained unlocked from the stairway side on at least every incremental fifth floor level and bear a sign stating “ACCESS ONTO FLOOR THIS LEVEL.” All other stairway doors into the related exit stairway enclosure may be mechanically or electrically locked from the stairway side. Approved key box required by Section 506.1 of the Fire Code shall contain keys to all stairway doors for Fire Department access.
Exception: Stairway doors may be locked, subject to the following conditions:
1. All stairway doors that are to be locked from the stairway side shall have the capability of being unlocked simultaneously without unlatching upon a signal from the Fire Command Center, or an approved location.

2. A telephone or other two-way communications system connected to an approved emergency service that operates continuously shall be provided at not less than every fifth floor in each required stairway.



3. Approved key box required by Section 506.1 of the Fire Code shall contain keys to all stairway doors for Fire Department access.


*Section 3425.1.25; changed to read as follows:

[F] 3425.1.25 Emergency plan. The management for all buildings shall establish and maintain a written fire- and life-safety emergency plan in accordance with Section 404 of the Fire Code that has been approved by the fire chief.


*Section 3425.1.27; changed to read as follows:
[F] 3425.1.27 Fire drills. The management of all buildings shall conduct fire drills for their staff and employees in accordance with Section 405 of the Fire Code. A written record of each drill shall be maintained in the building management office and made available to the fire department for review.

*Section 3425.2; changed to read as follows:
[F] 3425.2 Sprinkler Alternatives. The requirements of Table 34-A may be modified as specified by the following for existing high-rise buildings of Type I (I-A), II-F.R.(I-B), II One-hour (II-A), III One-hour (III-A), IV or V One-hour (V-A) construction when an approved automatic sprinkler system is installed throughout the building in accordance with Section 903.3.1.1:
Item 5-Manual fire alarm system shall not be required.
Item 6-Occupant voice notification system shall not be required; however, if the building is equipped with a public address system, the public address system shall be available for use as an occupant voice notification system.
Item 7-Vertical shaft enclosures may be of nonrated construction for required exit stairway enclosures. Vertical shaft enclosures of openings in floors provided for elevators, escalators and supplemental stairways shall not be required, provided such openings are protected by an approved curtain board and water curtain sprinkler system, as per NFPA 13 requirements.

Item 8-Protection of openings in vertical shaft enclosures may be nonrated but shall not be less than a 1 3/4-inch (44 mm) solid- wood door or the equivalent thereto. Doors shall be either self-closing or automatic closing and automatic latching.

Item 12-Stair shaft ventilation shall not be required.
Item 16-Existing corridor construction need not be altered.
Item 17-Door openings into corridors may be protected by assemblies other than those specified in Section 3425.1, provided an effective smoke barrier is maintained. Closing and latching hardware shall be provided. Protection of duct penetrations is not required.
Item 19-The length of existing corridor dead ends shall not exceed the limits allowed by Sections 3425.1.19 or 1016.3, whichever is less restrictive.
Item 20-Interior finish in means of egress may be reduced by one classification but shall not be less than Class C.


*Section 3425.3; changed to read as follows:
[F] 3425.3 Basements or Stories. An approved automatic sprinkler system shall be provided in basements or stories exceeding 1,500 square feet in area and not having a minimum of 20 square feet of opening entirely above the adjoining ground level in each 50 lineal feet or fraction thereof of exterior wall on at least one side of the building. Openings shall have a minimum clear dimension of 30 inches. Such openings shall be accessible to the fire department from the exterior and shall not be obstructed in a manner that fire fighting or rescue cannot be accomplished from the exterior.
If any portion of a basement is located more than 75 feet from required openings, the basement shall be provided with an approved automatic sprinkler system throughout.

*Table 34-A; changed to read as follows:
Table 34-A

Occupancy Classification and Use1


ITEMS REQUIRED


Residential


All Others



1. No requirements. See Section 3425.1.1

---

---

2. No requirements. See Section 3425.1.2

---

---

3. Fire department communication system or radios. See Section 3425.1.3

R

R

4. Single-station smoke detectors. See Section 907.3.

---

---

5. Manual fire alarm system. See Section 3425.1..5

R

R

6. Occupant voice notification system. See Section 3425.1.6

R

R

7. Vertical shaft enclosure walls of one-hour fire resistance. See Section 3425.1.7

R

R

8. Protection of openings in vertical shaft enclosures by 20-minute-rated assemblies. See Section 3425.1.8

R


R

9. Manual shutoff of HVAC systems. See Section 3425.1.9

R

R

10. Automatic elevator recall system. See Section 3425.1.10

R

R

11. Unlocked stairway doors every fifth floor. See Section 3425.1.11

R

R

12. Stair shaft ventilation. See section 3425.1.12

R

R

13. Elevator shaft ventilation. See Section 3425.1.13

R

R

14. Posting of elevators as not intended for exiting purposes. See Section 3425.1.14

R

R

15. Minimum of two exit stairways. See Section 3425.1.15

R

R

16. Corridor wall construction. See Section 3425.1.16

R

R

17. Protected corridor openings with 20-minute-rated assemblies or 1 3/4-inch (44 mm) solid-wood door. See Section 3425.1.17


R

NR

18. Corridor doors equipped with self-closing devices. See Section 3425.1.18

R

NR

19. Corridor dead ends limited to 20 feet (6096 mm) maximum. See Section 3425.1.19

R

NR

20. Interior finish controlled in corridors, exit stairways and extensions thereof. See Section 3425.1.20

R

R

21. Exit stairway illumination. See Section 3425.1.21

R

R

22. Corridor illumination. See Section 3425.1.22

R

NR

23. Exit stairway exit signs. See Section 3425.1.23

R

R

24. Exit signs. See Section 3425.1.24

R

R

25. Emergency planning. See Section 3425.1.25

R

R

26. Posting of emergency instructions. See Section 3425.1.26


R

R

27. Fire drills. See Section 3425.1.27

R

R


1 R- Provisions are required.

NR- Provisions are not required.



*Section 3428.2; changed to add Section 3428.2.1 to read as follows:
3428.2 Stair Construction. All required stairs shall have a minimum run of 9 inches (229 mm) and a maximum rise of 8 inches (203 mm) and shall have a minimum width of 30 inches (762 mm) exclusive of handrails. Every stairway shall have at least one handrail. A landing having a minimum 30-inch (762 mm) run in the direction of travel shall be provided at each point of access to the stairway.
Exception: Fire escapes as provided for in this section.
Exterior stairs shall be of noncombustible construction.
Exception: On buildings of Types III, IV and V construction, provided the exterior stairs are constructed of wood not less than 2-inch (51 mm) nominal thickness.
[F] 3428.2.1 Unlocked stairway doors. Exit doors into exit stairway enclosures shall be maintained unlocked from the stairway side on at least every incremental fifth floor level and bear a sign stating “ACCESS ONTO FLOOR THIS LEVEL.” All other stairway doors into the related exit stairway enclosure may be mechanically or electrically locked from the stairway side. Approved key box required by Section 506.1 of the Fire Coe shall contain keys to all stairway doors for Fire Department access.

Exception: Stairway doors may be locked, subject to the following conditions:

1. All stairway doors that are to be locked from the stairway side shall have the capability of being unlocked simultaneously without unlatching upon a signal from an approved location.

2. A telephone or other two-way communications system connected to an approved emergency service that operates continuously shall be provided at not less than every fifth floor in each required stairway.

3. Approved key box required by Section 506.1 of the Fire Code shall contain keys to all stairway doors for Fire Department access.

*Section 3430; changed to read as follows:
[F] SECTION 3430 - BASEMENT ACCESS OR SPRINKLER PROTECTION
An approved automatic sprinkler system shall be provided in basements or stories exceeding 1,500 square feet (139.3 m2) in area and not having a minimum of 20 square feet (1.86 m2) of opening entirely above the adjoining ground level in each 50 lineal feet (15 240 mm) or fraction thereof of exterior wall on at least one side of the building. Openings shall have a minimum clear dimension of 30 inches (762 mm). Such openings shall be accessible to the fire department from the exterior and shall not be obstructed in a manner that fire fighting or rescue cannot be accomplished from the exterior.
If any portion of a basement is located more than 75 feet (22 860 mm) from required openings, the basement shall be provided with an approved automatic sprinkler system throughout.
*Section 3432; changed to read as follows:
SECTION 3432 - SMOKE DETECTORS
[F] 3432.1 See Section 907.3 and 907.21 of the Fire Code.

Chapter 35, “Referenced Standards”; amend the standards listed below to read as follows:

American Society of Mechanical Engineers

Three Park Avenue

New York, NY 10016-5990

ASME


Standard Referenced

reference in code

number Title section number



A17.1 – 00 04 Safety Code for Elevators and Escalators with A17.1a-2004 addenda and

A17.1S Supplement . . . . . . . . . . . . . . . 1007.4, 1607.8.1, 3001.2, 3001.4, 3002.5, 3003.2, 3409.7.2



A17.3 – 02 Safety Code for Existing Elevators and Escalators – with A17.3a-2000 Addenda . . . . . . . See Fire Code

International Code Council

5203 Leesburg Pike, Suite 708

Falls Church, VA 22041

National Fire Protection Association

Batterymarch Park

Quincy, MA 02269-9101


NFPA


Standard Referenced

reference in code

number Title section number



11-98 05 Low-, Medium-, High-expansion Foam . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 904.7


11A-99 Medium- and High-expansion Foam Systems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 904.7

13-99 02 Installation of Sprinkler Systems. . . . . . . . . . . . . . 704.12, 707.2, 903.3.1.1, 903.3.2, 903.3.5.1.1, 904.11,

907.8, 1621.3.10.1, 3104.5, 3104.9

13D-99 02 Installation of Sprinkler Systems in One- and Two-family Dwellings and

Manufactured Homes . . . . . . . . . . . . . . . . . . . . . . . . . . . . 903.1.2, 903.3.1.3, 903.3.5.1.1

13R-99 02 Installation of Sprinkler Systems in Residential Occupancies Up to and

Including Four Stories in Height . . . . . . . . . . . . . . . . 903.1.2, 903.3.1.2, 903.3.5.1.1, 903.3.5.1.2, 903.4

14-00 03 Installation of Standpipe and Hose System . . . . . . . . . . . . . . . . . . . . . . 905.2, 905.3.4, 905.4.2, 905.8


15-01 Water Spray Fixed Systems for Fire Protection . . . . . . . . . . . . . . . . . . . . . . . See Fire Code

16-99 03 Installation of Foam-water Sprinkler and Foam-water Spray Systems . . . . . . . . . . . . . . 904.7, 904.11

17-98 02 Dry Chemical Extinguishing Systems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 904.6, 904.11

17A-98 02 Wet Chemical Extinguishing Systems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 904.5, 904.11

72-99 07 National Fire Alarm . . . . . . . . . . . . . 505.4, 901.6, 903.4.1, 904.3.5, 907.2, 907.2.1, 907.2.1.1, 907.2.10,

907.2.10.4, 907.2.11.2, 907.2.11.3, 907.2.12.2.3, 907.2.12.3, 907.4,

907.5, 907.9.2, 907.10, 907.14, 907.16, 907.17, 911.1, 3006.5

231C-98 Rack Storage of Materials (covered in NFPA 13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 507.2

2001-00 04 Clean Agent Fire Extinguishing System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 904.10






SECTION 2.
City Code, Section 7-62, “Amendments”, paragraph (b), “2003 International Residential Code”, is amended by changing the following sections as noted:

Chapter 43, “Referenced Standards”; amend the standards listed below to read as follows:

International Code Council

5203 Leesburg Pike, Suite 708

Falls Church, VA 22041



National Fire Protection Association

Batterymarch Park

Quincy, MA 02269-9101

NFPA


Standard Referenced

reference in code

number Title section number



13-99 02 Installation of Sprinkler Systems. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . R317.1

13D-99 02 Installation of Sprinkler Systems in One- and Two-family Dwellings and

Manufactured Homes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . R317.1

13R-99 02 Installation of Sprinkler Systems in Residential Occupancies Up to and

Including Four Stories in Height . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . R317.1



72-99 07 National Fire Alarm . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . R313.1


Section J3410.2; replace current wording with the following:

J3410.2 Fire Alarms/Smoke Detectors. Regardless of the date of occupancy, approved fire alarms/smoke detectors shall be provided in accordance with the ordinance under which they were constructed, or in accordance with Section J3425, whichever is more restrictive.

Section J3425; replace current wording with the following:
J3425.1 General. Detectors shall be installed in accordance with the ordinance under which they were constructed, or in accordance with this Section, whichever is more restrictive.
J3425.2 Power Source. Smoke detectors may be battery operated or may receive their primary power from the building wiring when such wiring is served from a commercial source. Wiring shall be permanent and without disconnecting switches or other than those required for overcurrent protection.
J3425.3 Location within Dwelling Units. In dwelling units, detectors shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to each separate sleeping area. Where sleeping rooms are on an upper level, the detector shall be placed at the center of the ceiling directly above the stairway. Detectors shall also be installed in the basements of dwelling units having stairways that open from the basement into the dwelling. Detectors shall sound an alarm audible in all sleeping areas of the dwelling unit in which they are located.
J3425.4 Location in Efficiency Dwelling Units and Hotels. In efficiency dwelling units, detectors shall be located on the ceiling or wall of the main room. When sleeping rooms within an efficiency dwelling unit are on an upper level, the detector shall be placed at the center of the ceiling directly above the stairway. When actuated, the detector shall sound an alarm audible within the sleeping area of the dwelling unit in which it is located.

[F] J3425.5 Rented or leased residential occupancies. For purposes of this section, the term dwelling unit shall include the following:


1. All one-family, two-family, and multi-family dwellings, including manufactured homes.

2. All one-family, two-family and multi-family dwellings where one or more rooms are rented for use as permanent residence under a single lease.
[F] J3425.5.1 Smoke detectors. All dwelling units which are currently rented, leased or sub-leased, or are hereafter rented, leased, or sub-leased shall be provided with smoke detectors which meet the requirements of the ordinance under which construction or this Section, whichever is more restrictive. Those occupancies which are leased for the first time or to a new lessee shall have smoke detectors installed prior to occupancy by the lessee. The smoke detector purchase and installation shall be the sole responsibility of the landlord.
[F] J3425.5.2 Duty to inspect and repair. Upon commencement of a tenant’s possession of a dwelling unit containing a smoke detector, the landlord shall have a duty to test the smoke detector to verify that it is in working order. Upon installation of a smoke detector by a landlord after commencement of the tenant’s possession of a dwelling unit, the landlord shall have a duty to test the smoke detector to verify that it is in good working order. Documentation verifying compliance with this provision shall be submitted to the fire code official upon request.

[F] J3425.5.3 Notice of malfunction. During the term of the rental agreement or any renewal or extension thereof, the landlord shall have a duty to inspect and repair a smoke detector only if the tenant has given notice to the landlord of malfunction or has made a request to the landlord for inspection or repair. The notice to the landlord need not be in writing unless written notice is required in the rental agreement. The landlord shall comply with the tenant’s request for inspection and repair within a reasonable time, considering the availability of material, labor and utilities.

[F] J3425.5.4 Cause of malfunction. A landlord shall not have a duty to repair a smoke detector if the damage or malfunction is caused by the tenant or the tenant’s family, guest or invitee during the term of the rental agreement or any renewal or extension period of the rental agreement. Provided, however, a landlord shall have a duty to repair or replace a smoke detector covered by this subsection if the tenant pays in advance for the reasonable cost of repair or replacement, including labor, materials, taxes, and overhead.
[F] J3425.5.5 Testing. A landlord shall have satisfied the duty to inspect or repair a damaged or malfunctioning smoke detector if, after a test of the smoke detector, the test indicates that the smoke detector is in good working order.
[F] J3425.5.6 Battery replacement. After commencement of possession by the tenant of a dwelling unit, the landlord shall have no duty to provide replacement batteries for a battery operated smoke detector which was in good working order according to a test of the smoke detector at the time of commencement of possession by the tenant.
[F] J3425.5.7 Offense. A person commits an offense if, as landlord of a dwelling unit, that person:

1. Fails to install a smoke detector in compliance with this section; or

2. Fails to test or repair a smoke detector in compliance with this section; or

3. Allows a dwelling unit to be occupied without obtaining documentation signed by

both the landlord (or his authorized representative) and the tenant verifying compliance with this section. This documentation shall be furnished to the fire chief on request.

SECTION 3.

This article shall be cumulative of all provisions of ordinances of the Code of the City of Fort Worth, Texas (1986), affecting Building Code and Residential Code provisions, as amended, and shall not repeal any of the provisions of such ordinances, except in those instances where provisions of such ordinances are in direct conflict with the provisions of this ordinance.

SECTION 4.
It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared void, ineffective, or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such voidness, ineffectiveness, or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such void, ineffective, or unconstitutional phrase, clause, sentence, paragraph, or section.

SECTION 5.

Any person, firm, or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not to exceed Two Thousand Dollars ($2,000.00) for all violations involving fire safety, or public health and sanitation and shall be fined not more than Five Hundred Dollars ($500.00) for all other violations of this ordinance. Each day or any portion thereof during which any violation of this ordinance occurs or continues shall be deemed a separate offense and upon conviction thereof shall be punishable as herein provided.


SECTION 6.
All rights and remedies of the City of Fort Worth, Texas are expressly saved as to any and all violations of the previous Building Code and Residential Code, or any other ordinances affecting construction and fire safety, 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 7.
The Department of Planning and Development of the City of Fort Worth, Texas, is hereby authorized to publish this ordinance in pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof, as provided in Chapter XXV, Section 3, of the Charter of the City of Fort Worth, Texas.

SECTION 8.
The City Secretary of the City of Fort Worth, is hereby directed to publish the caption and Sections 5, 8 and 9 of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas as authorized by Section 2, Chapter XXV of the Charter of the City of Fort Worth, Texas and by Section 52.013 (a) of the Texas Local Government Code.

SECTION 9.
This ordinance shall take effect upon adoption and publication as required by law.

APPROVED AS TO FORM AND LEGALITY:

By: ________________________________

Assistant City Attorney

Adopted: __________________


Effective: __________________

10-23-08








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