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HomeMy WebLinkAbout08223ORDINANCE NO. 8223 AN ORDINANCE AMENDING SECTION 4-6-2 OF CHAPTER 6 OF TITLE IV OF THE PUEBLO MUNICIPAL CODE RELATING TO BUILDING REGULATIONS AND AMENDING THE 2009 INTERNATIONAL RESIDENTIAL CODE FOR ONE- AND TWO- FAMILY DWELLINGS, PUBLISHED BY THE INTERNATIONAL CODE COUNCIL, INC., RELATING TO SMOKE ALARMS, AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate matter being deleted; underscoring indicates new matter being added.) SECTION 1. Section 4-6-2 of Chapter 6, Title IV of the Pueblo Municipal Code, as amended, is amended by the addition of a new subsection (l) thereto, to read as follows: Section 4-6-2.Amendments . . . . (l) Section R314.4, entitled “Power source." is amended to read as follows: "R314.4 Power source. Smoke alarms shall receive their primary power from the building wiring when such wiring is served from a commercial source, and when primary power is interrupted, shall receive power from a battery. Wiring shall be permanent and without a disconnecting switch other than those required for overcurrent protection. Smoke alarms shall be interconnected. Exceptions: 1. Smoke alarms shall be permitted to be battery operated when installed in buildings without commercial power. 2. Interconnection and hardwiring of smoke alarms in existing areas shall not be required where the alterations or repairs do not result in the removal of interior wall or ceiling finishes exposing their structure, unless there is an attic, crawl space or basement available which could provide access for hard wiring and interconnection without the removal of interior finishes. 3. Smoke alarms shall be permitted to be battery operated when the new work is limited to electrical installations, alterations or repairs. " [] lm () Subsection R315.2 of the I.R.C. entitled “Where required in existing dwellings” is amended to read as follows: Where interior work requiring a permit occurs in existing dwellings that have attached garages or in existing dwellings within which fuel-fired appliances exist, carbon monoxide alarms shall be provided in accordance with Section R315.1 SECTION 2. Section 4-6-4 of Chapter 6, Title IV of the Pueblo Municipal Code, as amended, is readopted without changes to read as follows: Sec. 4-6-4. Responsibility for damages; liability of City. The provisions of this Chapter and the IRC shall neither release nor discharge any person from any liability imposed by law for any injury to persons or damage to property caused by or resulting from the performance or failure to perform work or furnishing materials covered by this Chapter or the IRC. Neither the City, the Regional Building Department nor any of their agents or employees will be held liable for any injury to persons or damage to property by reason of an inspection or failure to perform any inspection authorized or required by this Chapter or the IRC or arising from the issuance or failure to issue any certificate of occupancy as herein provided. SECTION 3. Section 4-6-5 of Chapter 6, Title IV of the Pueblo Municipal Code, as amended, is readopted without changes to read as follows: Section 4-6-5.Interpretation . Whenever in the IRC as adopted by this Chapter or in any secondary code adopted thereunder or by this Code in the adoption of such International Residential Code, it is provided that anything must be done to the approval of or subject to the direction of the Building Official or any other officer of the City or the Regional Building Department, this shall be construed to give such official only the discretion of determining whether the requirements and standards established by the International Residential Code and all secondary codes adopted thereunder or by this Chapter in the adoption of such International Residential Code have been complied with; and no such provision shall be construed as giving any official discretionary powers as to what such regulations or standards shall be, or power to require conditions not prescribed by such Code or Codes or to enforce the provisions of such Code or Codes in an arbitrary or discriminatory manner. SECTION 4. Section 4-6-6 of Chapter 6, Title IV of the Pueblo Municipal Code, as amended, is readopted without changes, to read as follows: Section 4-6-6. Offenses; criminal penalties; permit revocation; and other enforcement provisions . (a) It shall be unlawful and a Class 1 Municipal Offense for any person to knowingly violate, disobey, omit, neglect, refuse or fail to comply with or resist the enforcement of any provision of this Chapter or of the International Residential Code, and upon conviction thereof, the punishment therefor shall be a fine of not more than one thousand dollars ($1,000.00) or imprisonment for not more than one (1) year, or both such fine and imprisonment. (b) It shall be unlawful and a Class 1 Municipal Offense for any person to refuse or fail to timely comply with any order issued by the Building Official, the Director of the Pueblo Regional Building Department or other designated building inspector pursuant to the provisions of this Chapter or the International Residential Code, and upon conviction thereof, the punishment therefor shall be a fine of not more than one thousand dollars ($1,000.00) or imprisonment for not more than one (1) year, or both such fine and imprisonment. (c) It shall be unlawful and a Class 1 Municipal Offense for any person to knowingly make any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to any requirement of this Chapter or the International Residential Code, and upon conviction thereof, the punishment therefor shall be a fine of not more than one thousand dollars ($1,000.00), or imprisonment for not more than one (1) year, or both such fine and imprisonment. (d) Any permit issued pursuant to the provisions of this Chapter or the International Residential Code may be suspended, terminated or revoked by the Building Official for (1) any of the reasons stated in Subsection R105.6 of the International Residential Code or (2) any material violation of the terms of said permit or requirements applicable thereof. (e) In the event any owner or occupant of premises within the City shall refuse entry to the Building Official or any building inspector, or if any premises are locked and the Building Official or any building inspector has been unable to obtain permission of the owner or occupant to enter, the Municipal Court is authorized to issue a search or inspection warrant authorizing such entry in accordance with the procedures set forth in the Colorado Municipal Court Rules. (f) In the event any owner or occupant of premises within the City, any licensed contractor or any permittee shall fail or refuse to comply with any provision of this Chapter, the I.R.C. or any license or permit issued thereunder, the City may initiate an action for injunctive relief in any court of competent jurisdiction to compel compliance with said Chapter, I.R.C., license or permit. (g) The enforcement remedies in this Section are expressly declared to be cumulative, and the exercise of any one (1) or more of them is not dependent upon the exercise of any other remedy, nor does the exercise of any one (1) or more of them constitute any bar or limitation to the exercise of any other. SECTION 5. The adoption of this Ordinance shall not create any duty to any person, firm, corporation, or other entity with regard to the enforcement or nonenforcement of this Ordinance or said code. No person, firm, corporation, or other entity shall have any private right of action, claim, or civil liability remedy against the City of Pueblo or the Pueblo Regional Building Department, or their officers, employees or agents, for any damage arising out of or in any way connected with the adoption, enforcement, or nonenforcement of this Ordinance or said code. Nothing in the Ordinance or in said code shall be construed to create any liability, or to waive any of the immunities, limitations on liability, or other provisions of the Governmental Immunity Act, Section 24-10-101, C.R.S. et seq., or to waive any immunities or limitation on liability otherwise available to the City of Pueblo or the Pueblo Regional Building Department, or their officers, employees or agents. SECTION 6. If any part, section, subsection, sentence, clause or phrase of this Ordinance or the adopted 2009 International Residential Code is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance or of the 2009 International Residential Code. SECTION 7. It shall be unlawful and a municipal offense for any person, firm, partnership, corporation, limited liability company or other entity to violate, disobey, omit, neglect, refuse or fail to comply with or resist the enforcement of any provision of this Ordinance or of the 2009 International Residential Code adopted herein. Any person found guilty of a violation of this Ordinance or of the International Residential Code shall be punished as provided in Section 4-6- 6 of the Pueblo Municipal Code, as amended. In addition thereto, the City is authorized to enforce this Ordinance through the exercise of any one or more of the remedies set forth in Section 4-6-6 of the Pueblo Municipal Code, as amended, which remedies are hereby expressly declared to be cumulative, the exercise of any one or more not constituting any bar or limitation to the exercise of any other. SECTION 8. This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED: June 14, 2010 BY: Judy Weaver /COUNCILPERSON PASSED AND APPROVED: June 28, 2010 Background Paper for Proposed ORDINANCE DATE: AGENDA ITEM # R-8 June 14, 2010 DEPARTMENT: Law Department Thomas J. Florczak, City Attorney Regional Building Department J.D. Potter Chief Building Inspector TITLE AN ORDINANCE AMENDING SECTION 4-6-2 OF CHAPTER 6 OF TITLE IV OF THE PUEBLO MUNICIPAL CODE RELATING TO BUILDING REGULATIONS AND AMENDING THE 2009 INTERNATIONAL RESIDENTIAL CODE FOR ONE- AND TWO-FAMILY DWELLINGS, PUBLISHED BY THE INTERNATIONAL CODE COUNCIL, INC., RELATING TO SMOKE ALARMS, AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF ISSUE Should City Council pass an ordinance amending the City's building code and the adopted International Residential Code to allow for the installation of battery-operated smoke alarms, rather than hard-wired smoke alarms, when the new electrical work conducted in a building is limited to electrical installations, alterations or repairs. RECOMMENDATION The Regional Building Department recommends approval of the ordinance. BACKGROUND The City has adopted the International Residential Code. The latest edition of the International Residential Code requires that when an electrician is performing new electrical work in a building, the electrician must, with certain exceptions, install hard-wired smoke alarms. This requirement has made it uneconomical for many homeowners to have new electrical work performed in their homes and has encouraged homeowners to perform the electrical work themselves without obtaining a building permit, which can lead to faulty electrical installations. The proposed amendment would permit an electrician, under such circumstances, to install much less expensive battery operated smoke alarms, rather than hard-wired smoke alarms. FINANCIAL IMPACT Unknown.