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HomeMy WebLinkAbout08278ORDINANCE NO. 8278 AN ORDINANCE AMENDING CHAPTER 2, TITLE III OF THE PUEBLO MUNICIPAL CODE, AS AMENDED, AND ADOPTING THE 2009 INTERNATIONAL FIRE CODE, PUBLISHED BY THE INTERNATIONAL CODE COUNCIL, INC., 4051 WEST FLOSSMOOR ROAD, COUNTRY CLUB HILLS, IL, 60478, (2009), ALONG WITH CERTAIN AMENDMENTS THERETO AND PROVIDING REMEDIES AND 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 3-2-21 of Chapter 2, Title III of the Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 3-2-21. Legislative findings; International Fire Code adoption by reference. (a) Legislative Findings (1) City Council hereby finds and declares that there are numerous fire, chemical, and explosive risks within the City which affect or are likely to adversely affect public health, safety, and welfare. To correct and prevent the existence of such adverse conditions and to achieve and maintain such levels of fire prevention and fire safety as will protect and promote public health, safety and welfare, the establishment and adoption of the 2009 International Fire Code is necessary. (2) The purpose of this Chapter is to protect public health safety and welfare from the adverse effects of fire, explosions, and chemical spills. (3) The 2009 International Fire Code provides reasonable and nationally recognized standards for fire prevention and fire safety. [] (b) International Fire Code adopted by reference. The 2003 International 2009 Edition, Fire Code, including the appendices thereto, promulgated and [ published by the International Code Council, Inc., 5203 Leesburg Pike, Suite ] 4051 West Flossmoor 600, Falls Church, Virginia 22041, www.iccsafe.org, Road, Country Club Hills, IL, 60478, (May 2009), hereinafter referred to as the International Fire Code (IFC), is hereby adopted and enacted by reference as the fire prevention code of the City; provided, however, that the following portions or provisions thereof are not hereby adopted: (a) the Preface, (b) the sample form of ordinance adopting the IFC, and (c) Appendix A, Board of Appeals. Whenever this Code refers to the "International Fire Code" or "I.F.C." the reference shall be taken to mean theInternational Fire Code, 2009 Edition, as adopted and amended in this Chapter. ( c) Copies of the I.F.C., 2009 Edition, are available in the office of the Fire Inspector for the City of Pueblo, 1551 Bonforte Blvd., Pueblo, CO, 81001 for distribution and sale to the public. SECTION 2. Section 3-2-24 of Chapter 2, Title III of the Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 3-2-24. References to other codes. (a) Whenever any provision of the International Fire Code contains a reference to the "International Electrical Code" or the "ICC Electrical Code," the [] reference shall be taken to mean the National Electrical Code, 2002 Edition 2008 Edition , as adopted and amended by Chapter 3 of Title IV of this Code. (b) Whenever any provision of the International Fire Code contains a reference to the "International Plumbing Code" or the "ICC Plumbing Code," the [] reference shall be taken to mean the Uniform Plumbing Code, 2003 Edition 2009 Edition , as adopted and amended by Chapter 4 of Title IV of this Code. (c) Whenever any provision of the International Fire Code contains a reference to the "International Mechanical Code" or the "ICC Mechanical Code," [ the reference shall be taken to mean the Uniform Mechanical Code, 2003 ] International Mechanical Code, 2009 Edition Edition , as adopted and amended by Chapter 5 of Title IV of this Code. SECTION 3. Subsection 3-2-38 (b) of Chapter 2, Title III of the Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 3-2-38. Smoking in various establishments; rooms permissible; notice. … (b) Places of Public Assembly. It shall be unlawful for any person to ignite any match or flammable material, or to smoke any cigar, cigarette or pipe .[ in any theater, opera house, auditorium or place of public assembly ,except in rest rooms, lounges or offices designated and approved by the Chief of the Fire ] Department. … SECTION 4. Section 3-2-33 of Chapter 2, Title III of the Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 3-2-33. International Fire Code; fireworks. (a) The introductory paragraph of Section 3301.1 of Chapter 33 of the International Fire Code is amended to read as follows: "3301.1 Scope. The provisions of this Chapter shall govern the possession, manufacture, storage, handling, sale and use of explosives, explosive materials, fireworks and small arms ammunition. The provisions, requirements and prohibitions set forth in Sections 3-2-51 [] 3-2-57, as amended, through 3-5-57 of the Pueblo Municipal Code shall be in addition to, and not in substitution of, provisions set forth in this Chapter. In the event of any direct conflict between such sections of the Pueblo Municipal Code and this Chapter 33, the most restrictive requirement shall apply." (b) The remainder of Section 3301.1 is unchanged. SECTION 5. Section 3-2-50 of Chapter 2, Title III of the Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 3-2-50. Open burning; incinerators; ashes. (a) No person shall burn or permit to be burned on any premises owned or controlled by him or her, or on any public street, alley or other land adjacent to such premises, any rubbish, waste paper, trash, wood or other combustible material. (b) No ashes shall be kept or deposited in any part of the City except in a secure, noncombustible room or receptacle constructed of such materials and of such design and so located that ashes deposited or kept therein cannot be blown or carried therefrom by wind, and that no fire can be communicated therefrom to fences, buildings or any combustible material. (c) For purposes of enforcement of this Section the Fire Department and the Police Department are hereby directed to report all violations hereof involving a specific health concern to the Health Department and to render to the Health Department such aid and assistance as may be necessary to the enforcement of this Section. (d) For emergency situations only, the Fire Department and the Health Department may issue a joint permit allowing open burning. (e) This Section shall not apply to: (1) Fires used for the noncommercial preparation of food for human consumption. (2) Fires for instructional or recreational purposes. (3) Portable outdoor fireplaces used in accordance with the International Fire Code. (f) Nothing contained in this Section shall prohibit the burning of weeds upon land zoned for agricultural use, provided that such burning be done in compliance with all applicable ordinances of the City, state statutes and the [.] and only after rules and regulations of any city or state agency or board issuance of a permit from the Fire Department. (g) No open or recreational burning shall be conducted by any person, with or without a permit, at any time that a High Fire Danger warning has been issued by the Fire Department . SECTION 6. Section 3-2-56 of Chapter 2, Title III of the Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 3-2-56. Interpretation. This Chapter shall not be construed to prohibit: (1) Any person, including a manufacturer, who has first obtained a state license to sell display fireworks, from possessing, offering for sale, exposing for sale, selling or having in his or her possession with intent to offer for sale, or sell, fireworks in any municipality, fair association, amusement park or other organization or group holding a display permit issued as provided in this Chapter, or to the Colorado State Fair and Industrial Exposition Commission or to any county or district fair duly organized under the laws of the State; (2) Any person from using or exploding fireworks in accordance with the provisions of any display permit issued as provided in this Chapter or as part of a supervised public display at the Colorado State Fair and Industrial Exposition or any county or district fair organized under the laws of the State; [ (3) Any resident manufacturer from manufacturing and selling or any resident wholesaler, dealer or jobber from selling at wholesale, such fireworks as are not prohibited under this Chapter, the sale of any kind of fireworks, provided that the same are to be shipped directly out of state in accordance with regulations of the United States Interstate Commerce Commission covering the transportation of explosives and other dangerous articles by motor, rail and water, the use of fireworks by railroads or other transportation agencies for signal purposes or illumination, the sale or use of blank cartridges for a show or theater, signal or ceremonial purposes in athletics or sports, or use by military organizations, or the use of fireworks for agricultural purposes under conditions approved by the City Council; (4) Any person from possessing, offering for sale, exposing for sale, selling, having in his or her possession with intent to offer for sale or sell, or using or firing toy pistols, toy guns, sparklers or other devices for which caps are manufactured except as provided in this Chapter; or (5) The importation, purchase, sale or possession of fireworks which are used or to be used solely to prevent damage to crops by animals or birds upon lands zoned for agricultural use, the sale and use of which shall be ] governed by rules and regulations adopted by the State. (3) Any resident manufacturer from manufacturing and selling or any resident wholesaler, dealer or jobber from selling fireworks at wholesale provided that: (a) the Fire Chief issues a permit for each sale; (b) the sale does not occur from a temporary place of business; and (c) the fireworks are shipped directly from the manufacturer, wholesaler, dealer, or jobber to the wholesale purchaser out of state through a commercial shipper authorized by the United States Interstate Commerce Commission to ship explosives and other dangerous articles. (4) The use of fireworks by railroads or other transportation agencies for signal purposes or illumination, the sale or use of blank cartridges for a show or theater, signal or ceremonial purposes in athletics or sports, or use by military organizations, or the use of fireworks for agricultural purposes under conditions approved by the City Council; (5) Any person from possessing, offering for sale, exposing for sale, selling, having in his or her possession with intent to offer for sale or sell, or using or firing toy pistols, toy guns, sparklers or other devices for which caps are manufactured, except as provided in this Chapter; or (6) The importation, purchase, sale or possession of fireworks which are used or to be used solely to prevent damage to crops by animals or birds upon lands zoned for agricultural use, the sale and use of which shall be governed by rules and regulations adopted by the State. SECTION 7. Section 3-2-58 of Chapter 2, Title III of the Pueblo Municipal Code, as amended, is hereby re-adopted without changes to read as follows: Sec. 3-2-58. Unlawful conduct and criminal penalties; revocation of permits; other enforcement. (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 Fire 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 Chief of the Fire Department, the head of the Division of Fire Prevention or other designated fire inspector pursuant to the provisions of this Chapter or the International Fire 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 Fire 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 Fire Code may be suspended, terminated or revoked by the Chief of the Fire Department for: (1) Any of the reasons stated in Section 105.5 of the International Fire Code; or (2) Any material violation of the terms of said permit or requirements applicable thereto. In addition, the Chief may immediately suspend any permit issued pursuant to Section 3-2-53 of this Chapter upon the arrest of any permittee or any agent or employee of such permittee for possession of fireworks with intent to sell or offer to sell the same. (e) In the event any owner or occupant of premises within the City shall refuse entry to the Chief or any fire inspector, or if any premises are locked and the Chief or any fire inspector has been unable to obtain permission of the owner or occupant to enter, the Municipal Court is authorized to issue a search warrant authorizing such entry in accordance with the procedures set forth in the Colorado Municipal Court Rules. (f) In the event that any owner or occupant of premises within the City, or any licensee or permittee, shall fail or refuse to comply with any provision of this Chapter, the International Fire Code 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, International Fire Code, license or permit. (g) The enforcement remedies set forth in this Section and in Section 109 of the International Fire Code are hereby 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. (h) Subsection 109.3 and 109.3.1 of the International Fire Code are amended to read as follows: "109.3 Violations; abatement." "The provisions set forth in Section 3-2-58(a) through (g) of the Pueblo Municipal Code shall govern with respect to remedies and penalties for violation of, or noncompliance with, this code." SECTION 8. Section 3-2-60 of Chapter 2, Title III of the Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 3-2-60. Additional modifications to the International Fire Code. The following Sections or Subsections of the International Fire Code and Appendices thereto, as adopted by this Chapter, are amended as follows: (1) The definition of "Fire Apparatus Access Road" in Section 502.1 is amended to read as follows: "FIRE APPARATUS ACCESS ROAD. A road on private property that provides fire apparatus access from a public way to a facility, building or portion thereof. This is a general term inclusive of all other terms such as fire lane, private street, parking lot lane and access roadway." (2) The definition of "Public Way" in Section 1002.1, Definitions, is amended to read as follows: "PUBLIC WAY. A street, alley or other parcel of land that has been platted, deeded, dedicated or otherwise permanently appropriated to the public for public use or a private roadway subject to a public ingress, egress or access easement." (3) Subsection 609.3.3.1 is amended to read as follows: 609.3.3.1 Inspection. Hoods, grease-removal devices, fans, ducts, and other appurtenances shall be inspected at intervals specified in Table 609.3.3.1 or as by the Inspections approvedfire code official. shall be completed by qualified individuals. High volume operations may remain at historical 6-month frequencies. (4) Paragraph 1 of Subsection 2403.2, is amended to read as follows: Tents and membrane structures having a tent or membrane surface area in excess of 1600 square feet or having an occupancy of more than fifty (50) persons shall not be erected, operated, or maintained for any purpose without first obtaining a permit and approval from the . fire code official [] (5) (3) Section 1002.1, Definitions, is amended by the addition of a new definition for "Emergency Vehicle Access" to read as follows: "EMERGENCY VEHICLE ACCESS . A continuous and unobstructed otherwise approved paved or way of ingress and egress from a public way to a development specifically intended for the use of emergency service vehicles and not the general public." [] (6) (4) Subsection D102.1 of Appendix D is amended to read as follows: "D102.1. Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of a public way or an approved fire apparatus access road with an asphalt, concrete or other approved driving surface which shall comply with the most recent Roadway Classification Design Standards and Policies adopted by City Council Resolution No. 10264 pursuant to the authority of Section 12-4-7 of the Pueblo Municipal Code, as amended." [] (7) (5) Subsection D103.1 of Appendix D is amended to read as follows: "D103.1 Fire apparatus access roads. Fire apparatus access roads shall be designed and constructed in accordance with this Appendix D and all other applicable requirements of the International Fire Code. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be twenty-six (26) feet (7925 mm). See Figure D103.1." [] (8) (6) Paragraph 1 of Subsection D103.5 of Appendix D is amended to read as follows: "1. The minimum gate width shall be as determined by the Fire Chief." [] (9) (7) Figure D103.1 of Appendix D is amended by the deletion of the 70' diameter cul-de-sac so as to appear as follows: 1 foot =304.8 mm FIGURE D103.1 DEAD-END FIRE APPARATUS ACCESS ROAD TURNAROUND End of Figure D103. [] (10) (8) A new Subsection D103.7 is hereby added to Appendix D to read as follows: D103.7 Public roadways. " All public roadways shall be designed and constructed in accordance with the Roadway Classification Design Standards and Policies adopted by Resolution No. 10264 and the Standard Construction Specifications and Standard Details adopted by Resolution No. 10129." [] (11) (9) Subsection D104.2 and D104.3 of Appendix D are amended to read as follows: D104.2 Buildings or facilities or aggregate development exceeding " 62,000 square feet in area or generating more than 2,000 vehicle trips per day. Buildings or facilities or aggregate development having a gross 2 building area of more than 62,000 square feet (5,760 m) or generating more than two thousand (2,000) vehicle trips per day shall be provided with two (2) separate and approved fire apparatus access roads within the site and shall provide unimpeded access from two (2) separate directions via public roadways." D104.3 Remoteness. " Where two (2) fire apparatus roads are required, they shall be placed a distance apart equal to not less than one-half of the length of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses." [] (12) (10) Subsection D106.1 of Appendix D is amended to read as follows: D106.1 Multiple-family residential projects having more than 100 " dwelling units or generating more than 600 vehicle trips per day . Multiple-family residential projects having more than one hundred (100) dwelling units or generating more than six hundred (600) vehicle trips per day shall be equipped throughout with two (2) separate and approved fire apparatus access roads and shall provide unimpeded access from two (2) separate directions via public roadways." [] (13) (11) Subsection D107.1 of Appendix D is amended to read as follows: D107.1 One- or two-family dwelling residential developments. " Developments of one- or two-family dwellings where the number of dwelling units exceeds sixty (60) or the development generates more than six hundred (600) vehicle trips per day shall provide unimpeded access from two (2) separate directions via public roadways." EXCEPTIONS: " "1. Where there are between sixty (60) and one hundred (100) dwelling units on a single public or private access way and all dwelling units are protected by approved residential sprinkler systems, public access from two (2) directions shall not be required; however, a secondary emergency vehicle access shall be required." "2. Planned, sequential developments that will connect with future public roadway networks of the City shall be allowed to construct up to two hundred (200) dwelling units or generate up to two thousand (2,000) vehicle trips without providing two (2) separate fire apparatus access roads or public roadways to the site." SECTION 9. Chapter 2, Title III of the Pueblo Municipal Code, as amended, is hereby amended by the addition of new Sections 3-2-61 and 3-2-62 thereto to read as follows: Sec. 3-2-61. Responsibility for damages; liability of City. (a) The provisions of this Chapter and the I.F.C. 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. (b) Nothing in this Chapter or the I.F.C. is intended to create any duty upon the City, the Pueblo Fire Department, or either of their agents or employees. Neither the City nor any of its agents or employees will be held liable for any injury to persons or damage to property by reason of any act or failure to perform any act authorized or required by this Chapter or the I.F.C. Sec. 3-2-62. Interpretation. Whenever in the I.F.C., as adopted and amended by this Chapter, or in any secondary code adopted by the I.F.C., it is provided that anything must be done to the approval of or subject to the direction of the Code Official or any other officer of the City, this shall be construed to give such official only the discretion to determine whether the requirements and standards established by the I.F.C. and all secondary codes adopted by the I.F.C. 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 10. A public hearing to consider the adoption of the 2009 International Fire Code, with modifications, shall be held in the Council Chambers, Interim City Hall, 301 West "B" Street, Pueblo, Colorado at 7:00 p.m. on November 8, 2010. The City Clerk is directed to publish notice of such hearing pursuant to Section 31-16-203 of the Colorado Revised Statutes. SECTION 11. The adoption of this Ordinance and the 2009 International Fire Code shall not impose any duty upon 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 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 their officers, employees or agents. SECTION 12. If any part, section, subsection, sentence, clause or phrase of this Ordinance or the adopted 2009 International Fire 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 Fire Code. SECTION 13. The Council finds and declares that a certified true copy of the 2009 International Fire Code, has been on file in the office of the City Clerk of the City of Pueblo for not less than 15 days preceding the public hearing referred to in Section 10 of this Ordinance, and shall remain in said office for public inspection. After adoption of this Ordinance, a copy of the 2009 International Fire Code shall be kept in the office of the Pueblo Fire Inspector, 1551 Bonforte Blvd. Pueblo, CO 81001. Copies of the 2009 International Fire Code shall be available through the Pueblo Fire Inspector for purchase by the public at a moderate price. SECTION 14. This Ordinance shall become effective 30 days after final passage and approval. INTRODUCED: October 12, 2010 BY: Vera Ortegon COUNCILPERSON PASSED AND APPROVED: November 8, 2010 Background Paper for Proposed ORDINANCE DATE: October 12, 2010 AGENDA ITEM # R-1 DEPARTMENT: Fire Department Chief Christopher Riley Law Department Thomas J. Florczak, City Attorney TITLE: AN ORDINANCE AMENDING CHAPTER 2, TITLE III OF THE PUEBLO MUNICIPAL CODE, AS AMENDED, AND ADOPTING THE 2009 INTERNATIONAL FIRE CODE, PUBLISHED BY THE INTERNATIONAL CODE COUNCIL, INC., 4051 WEST FLOSSMOOR ROAD, COUNTRY CLUB HILLS, IL, 60478, (2009), ALONG WITH CERTAIN AMENDMENTS THERETO AND PROVIDING REMEDIES AND PENALTIES FOR THE VIOLATION THEREOF ISSUE: Should City Council adopt the 2009 International Fire Code and miscellaneous amendments to Chapter 2 of Title III, Pueblo Municipal Code? RECOMMENDATION: The proposed ordinance should be approved. BACKGROUND: The proposed ordinance adopts the 2009 International Fire Code with minor amendments. The proposed ordinance also adopts miscellaneous amendments to the City's fire Code, including more stringent requirements for the sale of wholesale fireworks to out of state buyers. FINANCIAL IMPACT: None anticipated.