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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.