As used in this article, the following words and phrases shall have the definitions ascribed to them in this section.
APPROVED. Having the approval of the code compliance director as the result of investigation and tests conducted by him or her 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. 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.
BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy.
BUILDING CODE. The building code of the City of Fort Worth as adopted and amended from time to time.
BUILDING OFFICIAL. The officer or other designated authority charged with the administration and enforcement of any city code or ordinance within his or her jurisdiction or the building official’s duly authorized representative.
COMMERCIAL WASTE CONTAINER. A truck-loaded or truck-emptied non-disposable container, commonly referred to as a dumpster, used for the collection of commercial garbage and rubbish.
CURTILAGE. The space of grounds and buildings or structures immediately surrounding a dwelling.
DEMOLITION DELAY PROPERTY. When used in § 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. The director of thecode compliance department of the City of Fort Worth, or the director’s duly authorized representative.
DOORKNOB LOCK. 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. A permanently installed device in an exterior door that allows a person inside the dwelling to view a person outside the door. The device must be:
(1) A clear glass pane or one-way mirror; or
(2) A peephole having a barrel with a one-way lens of glass or other substance providing an angle view of not less than 160 degrees.
DWELLING. Any building, structure or portion thereof that contains not more than two dwelling units.
DWELLING UNIT. A dwelling of one 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. A dwelling unit with one habitable room that contains facilities used for combined sleeping, living, cooking, eating and sanitation purposes.
ELECTRICAL CODE. The electrical code of the City of Fort Worth as adopted and amended from time to time.
ENVIRONMENT CODE. The “Environmental Protection and Compliance” chapter of the Fort Worth city code, as adopted and amended from time to time.
EXIT. See MEANS OF EGRESS.
FIRE CODE. The fire code of the City of Fort Worth as adopted and amended from time to time.
FIRE MARSHAL. 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. 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. A set consisting of two exterior doors in which each door is hinged and abuts the other door when closed. The term includes double-hinged patio doors.
GARBAGE. 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. 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.
(1) 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 the following.
(2) 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 director and may be deemed to be substandard and a hazard to the public health, safety and/or welfare by the building standards commission:
a. 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;
b. When the walking surface of any aisle, passageway, stairway or other means of egress is warped, worn, loose, torn or otherwise unsafe so that it would not provide safe and adequate means of egress in case of fire or panic;
c. 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;
d. 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 for a newly constructed building or structure of like area, height and occupancy;
e. 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;
f. 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;
g. 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;
h. When the building or structure or any portion thereof is likely to partially or completely collapse because of:
1. Dilapidation, deterioration or decay;
2. Faulty construction; and
3. 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.
i. When, for any reason, the building or structure or any portion thereof is manifestly unsafe for the purpose for which it is being used;
j. When the exterior walls or other structural members designed to be vertical list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base;
k. When the building or structure, exclusive of the foundation, shows 33% or more damage or deterioration of its supporting member or members, or 50% damage or deterioration of its non-supporting members, enclosing or outside walls or coverings;
l. When the building or structure is damaged, dilapidated or deteriorated to the extent that it is an attractive nuisance;
m. When a building or structure has any non-supporting part, member or portion with less than 50%, or any supporting part, member or portion with less than 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;
n. 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;
o. 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;
p. 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;
q. 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:
1. Unwholesome, filthy, unsightly, offensive or unsanitary;
2. Likely to create or engender disease;
3. Likely to harbor vectors; or
4. Likely to contaminate stormwater runoff.
HEALTH CODE. The health code of the City of Fort Worth as adopted and amended from time to time.
HEALTH DIRECTOR. The director of the Fort Worth department of health, or the director’s duly authorized representative, as appointed by the city manager.
HIGHLY SIGNIFICANT ENDANGERED PROPERTY. A structure or site which has been designated as such by the City of Fort Worth comprehensive zoning ordinance.
HISTORIC AND CULTURAL LANDMARK. A structure or site which has been designated as such by the City of Fort Worth comprehensive zoning ordinance.
HISTORIC AND CULTURAL LANDMARKS DISTRICT. An area which has been designated as such by the comprehensive zoning ordinance, together with their accessory buildings, structures, fences and other appurtenances.
HOT WATER. Water at a temperature of not less than 110°F.
HUMAN CONSUMPTION. Uses by humans in which water can 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.
IMPROVEMENT. Any structure or man-made object such as, but not limited to, the following examples: fences, flag poles, yard art, retaining walls, mailboxes, antenna, boat docks, signs and carports.
INFESTATION. 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. 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 a one-inch throw.
KEYLESS BOLTING DEVICE.
(1) 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
b. By a drop bolt system operated by placing a central 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 overlap the doorjamb when the plate is placed over the doorjamb restraint. The drop bolt system must prevent the 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.
(2) 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, spring-loaded nightlatch, foot bolt or other lock or latch.
KITCHEN. A room used, designed or intended to be used, for the preparation of food.
LANDLORD. Any person who is an owner, lessor, management company or managing agent, including on-site manager, of a building or structure.
LANDMARKS COMMISSION. The historic and cultural landmarks commission of the City of Fort Worth.
LODGING HOUSE. Any building or portion thereof containing not more than five guest rooms where rent is paid in money, goods, labor or otherwise.
MEANS OF EGRESS. 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. The mechanical code of the City of Fort Worth as adopted and amended from time to time.
MULTIFAMILY DWELLING. Any building or structure or portion thereof, which contains three or more dwelling units and, for the purpose of this code, includes residential condominiums.
NEW CONSTRUCTION. 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:
(1) Any public nuisance known at common law or in equity jurisprudence;
(2) Any attractive NUISANCE which may prove detrimental to children, whether in a building or structure, on the premises of a building or 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 may prove a hazard for inquisitive minors;
(3) Whatever is dangerous to human life or is detrimental to health as determined by the director of city services; and
(4) Whatever renders air, food or drink unwholesome or detrimental to the health of human beings.
OTHER PESTS. Ants, bees and wasps.
OWNER. 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. The plumbing code of the City of Fort Worth as adopted and amended from time to time.
POSSESSION OF A DWELLING UNIT. Occupancy by a tenant under a lease, including occupancy until the time the tenant moves out or a writ of possession is issued by a court. It does not include occupancy before the initial occupancy date authorized under a lease.
POTABLE WATER. 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 affixed to land. See also BUILDING and STRUCTURE.
PUBLIC AREA. 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. 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. Nonputrescible solid waste, excluding ashes, that consists of:
(1) Combustible waste materials, including paper, rags, cartons, wood, excelsior, furniture, rubber, plastics, yard trimmings, leaves and similar materials; or
(2) Noncombustible waste materials, including glass, crockery, tin cans, aluminum cans, metal furniture and similar materials that do not burn at ordinary incinerator temperatures (1600°F to 1800°F).
SECURITY DEVICE. A doorknob lock, door viewer, keyed dead bolt, keyless bolting device, sliding door handle latch, sliding door pin lock, sliding door security bar or window latch in a dwelling.
SERVICE ROOM OR BUILDING. Any room, building or structure used for storage, assembly, sanitary or utility purposes, and any room not included in the definition of habitable rooms.
SLIDING DOOR HANDLE LATCH. 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. 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. 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. 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:
(1) 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;
(2) Soil, dirt, rock, sand and other natural or human-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
(3) 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.
STRUCTURE. That which is built or constructed, an edifice or building of any kind, an improvement, or any piece of work artificially built up or composed of parts joined together in some definite manner.
SUBSTANDARD. Any building, property or structure inspected by the director that is constructed or maintained in violation of any specific requirement or prohibition applicable to such building, property or structure provided by this article.
VECTOR. An insect or other animal that is capable of transmitting a disease producing organism.
WATER CLOSET. A toilet.
WINDOW LATCH. 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. The comprehensive zoning ordinance of the City of Fort Worth as adopted and amended from time to time.
(Ord. 13743, § 1, passed 3-23-1999; Ord. 23577-03-2019, §§ 14, 15, passed 3-19-2019)