HomeMy WebLinkAbout08342ORDINANCE NO. 8342
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., 4051 WEST FLOSSMOOR ROAD, COUNTRY CLUB
HILLS, IL, 60478, RELATING TO AUTOMATIC
RESIDENTIAL FIRE SPRINKLER SYSTEMS AND SMOKE
ALARMS, AND PROVIDING PENALTIES FOR THE
VIOLATION THEREOF
,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLOthat: (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 amending subsection (k), the addition of a new subsection (l) and the re-
lettering and amending of subsections (l), (m) and (n) to read as follows:
Sec. 4-6-2. Amendments.
. . .
(k) Subsection R313.2 of the I.R.C., entitled “One- and two-family
and Subsection R313.2.1 of the I.R.C.,
dwellings automatic fire systems,”
[
entitled "Design and Installation", are deleted.
is amended to read as
follows:
“Effective January 1, 2013, an automatic residential fire sprinkler system
shall be installed in one- and two-family dwellings.
“Exception: An automatic residential fire sprinkler system shall not be
required for additions or alterations to existing buildings that are not already
]
provided with an automatic residential sprinkler system.”
(l) Section R314.3.1 entitled "Alterations, repairs and additions" is
amended to read as follows:
"When repairs or requiring a occur, or
alterations, additionspermit
when one or more sleeping rooms are added or created in existing
dwellings, the individual shall be equipped with smoke alarms
dwelling unit
located as required for new .
dwellings
Exceptions:
1. Work involving the exterior surfaces of , such
dwellings
as the replacement of roofing or siding, or the or
addition
replacement of windows or doors, or the of a porch or deck,
addition
gas piping, water service lines, building sewers, replacement of
evaporative coolers, lawn sprinkler systems and electrical service
masts are exempt from the requirements of this section."
[
2. Installation, alteration or repairs of plumbing or mechanical
]
systems are exempt from the requirements of this section.
[]
(m)
(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 when 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
plumbing or mechanical
when the new work is limited to electrical,
installations,
alterations or repairs.”
[]
(n)
(m) 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 I.R.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 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:
Sec. 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:
Sec. 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 ninety (90) days, 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 ninety (90) days, 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 ninety (90) days, 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 thereto.
(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.
This Ordinance shall become effective upon final passage and approval.
INTRODUCED: April 11, 2011
BY: Larry Atencio
COUNCILPERSON
PASSED AND APPROVED: April 25, 2011 _
Background Paper for Proposed
ORDINANCE
DATE: AGENDA ITEM # R-7
April 11, 2011
DEPARTMENT:
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.,
4051 WEST FLOSSMOOR ROAD, COUNTRY CLUB HILLS, IL, 60478, RELATING TO
AUTOMATIC RESIDENTIAL FIRE SPRINKLER SYSTEMS AND 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 deleting the requirement for automatic
residential fire sprinkler systems to be installed and providing for the installation of
battery-operated smoke alarms, rather than hard-wired smoke alarms, when new
electrical, plumbing or mechanical work is scheduled in a building?
RECOMMENDATION
The Regional Building Commission recommended approval by a vote of 6 to 0.
BACKGROUND
The City has adopted the International Residential Code. Regarding smoke alarms, 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.
On June 28, 2010, the City adopted Ordinance No. 8223 which permitted electricians to
install battery operated smoke alarms in order to make it more economical for this work
to be completed.
The proposed amendment would permit exterior work on a dwelling without the
requirement of a smoke alarm. In addition, the proposed amendment requires that
when plumbing or mechanical system work requiring a permit is conducted, battery
operated smoke alarms are required.
The Building, Electrical and Plumbing and Mechanical Boards of Appeal have all
reviewed and approved the proposed amendment regarding smoke alarms.
Regarding automatic residential fire sprinkler systems, the latest edition of the
International Residential Code requires installation of automatic residential sprinkler
systems in one- and two-family dwellings effective January 1, 2011. On March 22,
2010, the City adopted Ordinance No. 8156, which pushed back the effective date to
January 1, 2013, for the installation of automatic residential fire sprinkler systems for
one- and two-family dwellings. The proposed amendment would entirely eliminate the
requirement for installation of the automatic residential fire sprinkler systems for one-
and two-family dwellings.
The Building Board of Appeals has reviewed and approved the proposed amendment
regarding residential fire sprinkler systems.
FINANCIAL IMPACT
Unknown.