HomeMy WebLinkAbout08892ORDINANCE NO. 8892
AN ORDINANCE AMENDING CHAPTER 5 OF TITLE IV OF
THE PUEBLO MUNICIPAL CODE RELATING TO
MECHANICAL REGULATIONS AND ADOPTING THE 2015
INTERNATIONAL MECHANICAL 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 5, Title IV of the Pueblo Municipal Code, as amended, is
hereby amended to read as follows:
Sec. 4-5-1. - International Mechanical Code; adoption by reference.
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2015
(a) The International Mechanical Code, 2009 Edition, including
all appendices, promulgated and published by the International Code Council,
Inc., 4051 Flossmoor Road, Country Club Hills, IL 60478, hereinafter referred to
as the "International Mechanical Code" or "I.M.C.," as amended by this Chapter,
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together with the minor code, entitled "International Fuel Gas Code," 2009
2015
Edition, promulgated and published by the International Code Council, Inc.,
4051 West Flossmoor Road, Country Club Hills, IL 60478, hereinafter referred to
as the "I.F.G.C.," are collectively adopted by reference; provided, however, that
the following sections of the I.M.C. and I.F.G.C. are not adopted and are
expressly deleted: Section 108, entitled "Violations," and Section 109, entitled
"Means of Appeal."
(b) Copies of these codes are available in the office of the Pueblo
Regional Building Department for distribution and sale to the public. The
regulation, design, control, construction, installation, quality of materials, location,
operation, alteration, repair and maintenance of heating, ventilating, cooling,
refrigeration systems, incinerators and other miscellaneous heat-producing
appliances or parts thereof within the City shall be in compliance with the terms
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and provisions of this Chapter and the International Mechanical Code, 2009
2015
Edition, except as same may be excluded from and specifically not covered
by this Chapter and said International Mechanical Code.
SECTION 2.
A public hearing to consider the adoption of this Ordinance and the International
Mechanical Code, 2015 Edition, 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 3.
The adoption of this Ordinance, the 2015 International Mechanical Code and the
International Fuel Gas Code, 2015 Edition, 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 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 4.
If any part, section, subsection, sentence, clause or phrase of this Ordinance or
the adopted 2015 International Mechanical 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 Mechanical Code.
SECTION 5.
The Council finds and declares that certified true copies of the International
Mechanical Code, 2015 Edition and the International Fuel Gas Code, 2015 Edition,
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 2 of this Ordinance, and shall
remain in said office for public inspection. After adoption of this Ordinance, copies of the
2015 International Mechanical Code and the 2015 International Fuel Gas Code shall be
kept in the office of 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 6.
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 International Mechanical Code, 2015 Edition, or the International Fuel Gas
Code, 2015 Edition adopted herein. Any person found guilty of a violation of this
Ordinance or of the International Mechanical Code, 2015 Edition, or the International
Fuel Gas Code, 2015 Edition shall be punished as provided in Section 4-5-3 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 4-5-3 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 7.
This Ordinance shall become effective 30 days after final passage.
INTRODUCED: June 22, 2015
BY: Chris Nicoll
PASSED AND APPROVED: July 13, 2015
City Clerk’s Office Item # R-7
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 5 OF TITLE IV OF THE PUEBLO
MUNICIPAL CODE RELATING TO MECHANICAL REGULATIONS AND
ADOPTING THE 2015 INTERNATIONAL MECHANICAL 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 5 of Title IV relating to building
regulations and adopts the 2015 International Mechanical 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 Mechanical Code
and the City’s policy to stay current with national and international building codes.
FINANCIAL IMPLICATIONS:
None.
BOARD/COMMISSION RECOMMENDATION:
On December 16, 2014, the Mechanical Board of Appeals voted to approve adoption of the
2015 International Mechanical 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 Mechanical
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