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.