HomeMy WebLinkAbout08891ORDINANCE NO. 8891
AN ORDINANCE AMENDING CHAPTER 4 OF TITLE IV OF THE
PUEBLO MUNICIPAL CODE RELATING TO PLUMBING
REGULATIONS AND ADOPTING THE 2015 INTERNATIONAL
PLUMBING CODE PUBLISHED BY THE INTERNATIONAL
CODE COUNCIL, INC., AND PROVIDING PENALTIES AND
REMEDIES 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Section 1 of Chapter 4, Title IV of the Pueblo Municipal Code is hereby repealed in its
entirety and reenacted to read as follows:
4-4-1. International Plumbing Code; adoption by reference
The International Plumbing Code, 2015 Edition, including all
appendices and tables, promulgated and published by the International
Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL
60478, referred to as the “International Plumbing Code” or “I.P.C.”,
together with the minor codes entitled, "International Swimming Pool and
Spa Code," 2015 Edition, published by the International Code Council, Inc.,
4051 West Flossmoor Road., Country Club Hills, IL 60478 (I.S.P.S.C.)and
NFPA 24 Standard for the Installation of Private Fire Service Mains and
Their Appurtenances, 2013 Edition, published by the National Fire
Protection Association, One Batterymarch Park, P.O. Box 9101, Quincy,
Massachusetts 02169-7471 (N.F.P.A.), are hereby adopted and enacted by
reference, and made a part hereof as if set forth in full; provided, however,
that the following portions of the I.P.C. are not adopted and are expressly
deleted:
Section 108 entitled “Violations”, Section 109 entitled “Means of
Appeal”, Chapter 5 entitled "Water Heaters," Chapter 12 entitled "Special
Piping and Storage Systems," Appendix A entitled “Plumbing Permit Fee
Schedule” and Appendix E entitled “Sizing of Water Piping System”.
In addition, Chapters 1 Scope and Administration, 4 Public
Swimming Pools, 5 Public Spas and Public Exercise Spas, 6 Aquatic
Recreation Facilities, 7 Onground Storable Residential Swimming Pools,
and 9 Permanent Residential Spas and Permanent Residential Exercise
Spas of the I.S.P.S.C are not adopted and are expressly deleted.
Copies of these codes are available in the office of the Pueblo
Regional Building Department for distribution and sale to the public. All
plumbing and drainage pipes, equipment and systems or parts thereof
within the City shall be regulated by and installed, constructed, altered and
repaired in conformance with the terms and provisions of this Chapter and
the I.P.C. as adopted herein.
SECTION 2.
Section 2 of Chapter 4, Title IV of the Pueblo Municipal Code is hereby repealed in its
entirety and reenacted to read as follows:
4-4-2. Amendments to I.P.C.
(a) Section 103.1 General of the I.P.C. is amended to read as follows:
103.1 Pueblo Regional Building Department - Enforcement Agency:
Administration and enforcement of this code and all related
and secondary codes are hereby delegated to the Pueblo Regional
Building Department. Wherever in this code the phrase “Building
Official” appears, it shall be construed to refer to the Building
Official of the Pueblo Regional Building Department or the Building
Official’s designated representative. The Building Official, the
Building Official’s designated representatives, and such plumbing
inspectors as the Building Official may appoint, shall be vested with
the authority of a law enforcement officer with respect to enforcing
this code and Chapter 4 of Title IV of the Pueblo Municipal Code,
including the authority to issue summons and complaints for the
violation thereof.
(b) Section 106.6.2 Fee Schedule of the I.P.C. is amended to read as
follows:
106.6.2 Fee Schedule. Fees shall be as set forth in the fee schedule
adopted by the City.
(c) Section 305.4 Freezing of the I.P.C.is amended to read as follows:
305.4 Freezing. Water, soil and waste pipes shall not be installed
outside of a building, in attics or crawl spaces, concealed in outside walls,
or in any other place subjected to freezing temperatures unless adequate
provision is made to protect such pipes from freezing by insulation or heat
or both. Exterior water supply system piping shall be installed not less
than 48 inches below grade.
(d) Section 305.4.1 Sewer depth of the I.P.C. is amended to read as
follows:
305.4.1 Sewer Depth. that connect to private
Building sewers
sewage disposal systems shall be installed not less than 12 inches below
finished grade at the point of septic tank connection. shall
Building sewers
be installed not less than 12 inches below grade.
(e) Table 403.1 Footnote f of the I.P.C. is amended to read as follows:
Mop sinks or service sinks shall not be installed in restrooms.
(f) Subsection 405.3.1 of the I.P.C., entitled "Water closets, urinals,
lavatories and bidets," is amended by the addition of a paragraph to read as
follows:
Where more than one (1) water closet or water closets and urinals
are installed in a room, they shall be separated by an approved partition
wall. Urinals set next to each other or another fixture shall have an
approved splash guard.
(g) Section 605.3 Water service pipe of the I.P.C. is amended by the
addition of the following exception to read as follows:
EXCEPTION: All new or replaced water service piping smaller than
two (2) inches (51 mm) from the main to the meter shall be no lighter than
Type L Copper or PEX, PE-AL-PE, and PEX-AL-PEX pipe. A blue 14-gauge
tracer wire shall be installed with all nonmetallic water services. All service
piping two (2) inches (51 mm) or larger shall be Type K Copper, Class 50 or
Ductile Iron, Class 150 Asbestos Cement, or PVC American Water Works
Association approved pressure pipe or other approved material. Water
service piping shall be installed to a minimum of forty-eight (48) inches
(1219.2 mm) depth from the top of the pipe.
(h) Section 608.1 General of the I.P.C. is amended by the following
addition:
All new or remodeled public buildings shall have a reduced
pressure-type backflow preventer installed on the water service supplying
such buildings or any portion thereof.
(i) Section 701.2 Sewer Required is amended by the addition of a new
Section to read as follows:
701.2.1 Connections. Taps made to existing sanitary sewers for
building sewers draining into the existing sanitary sewer system of the City
shall be made by an approved mechanical cutting device and an approved
saddle or by removing a section of sewer pipe, and the installation of a new
pipe section or sections with a wye fitting and an approved coupling to
make the joint at the juncture of the new pipe with the existing system.
Such work shall be done by either a Plumbing Contractor or Plumbing
Utility Contractor who is licensed to do such work as provided by Title IV,
Chapter 1 of the Pueblo Municipal Code. Connections to new sanitary
sewers or newly repaired sanitary systems and installations of building
sewers from the main sewer to the building drain shall be installed by a
Plumbing Contractor or a Plumbing Utility Contractor who is licensed to do
such work. When a sewer main is installed in the street or alley right-of-
way, the building sewer, as defined in this code, shall be installed to the
property line and properly marked with magnetic ductile tape for the full
length of said sewer line. Building sewers, including each tap and wye,
shall be inspected by personnel of either the Pueblo Regional Building
Department or the City Department of Wastewater.
(j) Section 903.1 Roof extension of the I.P.C. is amended to read as
follows:
903.1 Roof extension. Open vent pipes that extend through a roof
shall be terminated not less than 6 inches above the roof. Where a roof is
to be used for assembly or as a promenade, observation deck, sunbathing
deck or similar purposes, open vent pipes shall terminate not less than 7
feet (2134 mm) above the roof.
(k) Section 903.2 Frost Closure of the I.P.C. is deleted in its entirety.
(l) Section 904.1.2 Size of the I.P.C., is amended to read as follows:
904.1.2 Size. The required vent size shall not be less than the
aggregate cross-sectional area of the largest required building drain.
(m) Section 918.3 Where Permitted of the I.P.C. is amended to read as
follows:
918.3 Where permitted. Air Admittance Valves may be permitted for
use on fixtures located on the same floor at the following locations:
Islands, Peninsulas, under windows, at bearing walls and other
applications where conventional venting methods are not possible due to
the existing constructions and structural locations.
SECTION 3.
Section 3 of Chapter 4, Title IV of the Pueblo Municipal Code is hereby repealed in its
entirety and reenacted to read as follows:
4-4-3. Amendments to minor codes.
(a) Section 3.2.2 Authority Having Jurisdiction of the N.F.P.A.,is
amended to read as follows:
3.2.2, Authority Having Jurisdiction. This phrase shall mean
administration and enforcement of this code and all related codes are
delegated to the Pueblo Regional Building Department.
SECTION 4.
Section 4 of Chapter 4, Title IV of the Pueblo Municipal Code is hereby amended to read
as follows:
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4-4-4. Interpretation of theUniformInternational Plumbing Code.
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nternational
Wherever in theUniformI Plumbing Code it is provided that
anything must be done to the approval of or subject to the direction of the authority
having jurisdiction, this shall be construed to give such officer only the discretion to
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International
determine whether the rules and standards established by theUniform
Plumbing Code have been complied with; and no such provision shall be construed as
giving any officer discretionary powers as to what such regulations or standards shall be,
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International
or power to require conditions not prescribed by theUniform Plumbing
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International
Code or to enforce the provisions of theUniform Plumbing Code in an
arbitrary or discriminatory manner.
SECTION 5.
Section 9 of Chapter 4, Title IV of the Pueblo Municipal Code is hereby amended to read
as follows:
4-4-9. Offenses; criminal penalties; permit revocation; 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
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enforcement of any provision of this Chapter or of theUniform Plumbing
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 an order issued by the Building Official or other
designated plumbing inspector pursuant to the provisions of this Chapter or the
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International
Uniform Plumbing 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
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requirement of this Chapter or theUniform Plumbing 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
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Uniform Plumbing Code may be suspended, terminated or revoked by
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Section
the Building Official for (1) any of the reasons stated inSubsection103.3.5
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106.5.5International
of theUniformPlumbing 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 plumbing inspector, or if any premises are
locked and the Building Official or any plumbing inspector has been unable to obtain
permission of the owner or occupant to enter, the Pueblo 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 of Procedure.
(f) In the event any owner or occupant of premises within the City, or any
licensed contractor or any permittee, shall fail or refuse to comply with any provision of
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this Chapter, theU.P.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
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compliance with this Chapter or theU.P.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.
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(h) Table 4-1 set forth in the Uniform Plumbing Code, 2003 Edition, shall
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control except as otherwise amended herein.
SECTION 6.
A public hearing to consider the adoption of this Ordinance and the 2015 International
Plumbing Code, with modifications, shall be held in the Council Chambers, City Hall, 1 City Hall
Place, Pueblo, Colorado at 7:00 p.m. on July 13, 2015. The City Clerk is directed to publish
notice of such hearing pursuant to Section 31-16-203 of the Colorado Revised Statutes.
SECTION 7.
The adoption of this Ordinance, the 2015 International Plumbing Code, the 2015
International Swimming Pool and Spa Code and the 2013 NFPA 24 Standard for the Installation
of Private Fire Service Mains and Their Appurtenances 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 codes. 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 codes. Nothing in this Ordinance or in said codes 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 limitations on
liability otherwise available to the City of Pueblo or the Pueblo Regional Building Department, or
their officers, employees or agents.
SECTION 8.
If any part, section, subsection, sentence, clause or phrase of this Ordinance or the
adopted 2015 International Plumbing 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 2015
International Plumbing Code.
SECTION 9.
The Council finds and declares that certified true copies of the 2015 International
Plumbing Code, the 2015 International Swimming Pool and Spa Code and the 2013 NFPA 24
Standard for the Installation of Private Fire Service Mains and Their Appurtenances, have 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 6 of this Ordinance, and shall remain in said office for public
inspection. After adoption of this Ordinance, copies of said codes shall be kept in the office of
the Building Official at the Pueblo Regional Building Department, 830 N. Main Street, Suite 100,
Pueblo, Colorado 81003 and shall be available through the Pueblo Regional Building
Department for purchase by the public.
SECTION 10.
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 2015
International Plumbing Code, the 2015 International Swimming Pool and Spa Code and the
2013 NFPA 24 Standard for the Installation of Private Fire Service Mains and Their
Appurtenances adopted herein. Any person found guilty of a violation of this Ordinance or of
said codes shall be punished as provided in Section 4-4-9 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 4-4-9 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 11.
This Ordinance shall become effective 30 days after final passage and approval.
INTRODUCED: June 22, 2015
BY: Chris Nicoll
PASSED AND APPROVED: July 13, 2015
City Clerk’s Office Item # R-6
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: June 22, 2015
TO: President Stephen G. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: David C. Vaughn, Building Official
SUBJECT: AN ORDINANCE AMENDING CHAPTER 4 OF TITLE IV OF THE PUEBLO
MUNICIPAL CODE RELATING TO PLUMBING REGULATIONS AND
ADOPTING THE 2015 INTERNATIONAL PLUMBING CODE PUBLISHED BY
THE INTERNATIONAL CODE COUNCIL, INC., AND PROVIDING PENALTIES
AND REMEDIES FOR THE VIOLATION THEREOF
SUMMARY:
Attached is an Ordinance which makes revisions to Chapter 4 of Title IV relating to building
regulations and adopts the 2015 International Plumbing Code.
PREVIOUS COUNCIL ACTION:
City Council has routinely adopted updates to building regulations on roughly a six-year cycle.
Generally the changes conform to changes in national and international building codes,
however, local modifications are made following input from local stakeholders.
BACKGROUND:
This Ordinance is necessitated by the promulgation of the 2015 International Plumbing Code
and the City’s policy to stay current with national and international building codes.
FINANCIAL IMPLICATIONS:
None.
BOARD/COMMISSION RECOMMENDATION:
On January 13, 2015, the Plumbing Board of Appeals voted to approve adoption of the 2015
International Plumbing Code. The Regional Building Department recommends approval of the
Ordinance.
STAKEHOLDER PROCESS:
The Pueblo Association of Homebuilders and the Pueblo General Contractors Association have
not raised any objections to the adoption of the 2015 version of the International Plumbing Code
or this proposed Ordinance.
ALTERNATIVES:
Failure to enact this Ordinance results in the City operating under building codes which are not
the most recent national and international codes. This could result in a lowering of the building
department’s Insurance Services Office, Inc. (“ISO”) rating.
RECOMMENDATION:
Approve the Ordinance.
Attachments:
Proposed Ordinance