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HomeMy WebLinkAbout08893As Amended: July 13, 2015 ORDINANCE NO. 8893 AN ORDINANCE AMENDING CHAPTER 6 OF TITLE IV OF THE PUEBLO MUNICIPAL CODE RELATING TO BUILDING REGULATIONS AND ADOPTING THE 2015 INTERNATIONAL RESIDENTIAL CODE RELATING TO BUILDING REGULATIONS FOR ONE AND TWO FAMILY DWELLINGS, 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 6, Title IV of the Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 4-6-1.International Residential Code; adoption by reference. \[\] 2015 (a) The International Residential Code,2009 Edition, promulgated and published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL 60478, together with the following Appendix Chapter: Appendix H, (Patio Covers), hereinafter collectively referred to as the "I.R.C." or “International Residential Code,” as amended by this Chapter, together with the minor code, entitled, \[\] 2015 International Energy Conservation Code, 2009 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.E.C.C.," are hereby adopted by reference; provided, however that the following portions of the I.R.C. are not adopted and are expressly deleted: (1) Part VII, entitled "Plumbing." (2) Part VIII, entitled "Electrical." (3) All Appendices (except Appendix H - Patio Covers). \[\] I.E.C.C. (b) Copies of the I.R.C. andadopted Appendices are available in the office of the Pueblo Regional Building Department for distribution and sale to the public. The erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings and structures regulated by the International Residential Code within the City shall be in \[ compliance with the terms and provisions of this Chapter and the I.R.C.and said \] Appendices SECTION 2. Section 2 of Chapter 6, Title IV of the Pueblo Municipal Code, as amended, is hereby amended by revising Subsections (i), (k), (l), (m), and (n) and adding new subjections (o), (p), (q) and (r) to Section 4-6-2 to read as follows: Sec. 4-6-2.Amendments . . . . (i) Table R301.2(1) of the I.R.C., entitled "Climatic and Geographic Design Criteria," is amended to read as follows: “Table R301.2(1) Climatic and Geographic Design Criteria SUBJECT TO DAMAGE FROM ICE SHIELD GROUND WIND SEISMIC UNDER-AIR MEAN SNOW SPEED DESIGN LAYMENT FLOOD FREEZING ANNUAL LOAD(MPH)CATEGORYWEATHERINGFROSTTERMITEDECAYWINTERREQUIREDHAZARDSINDEXTEMP CS\[90\] 115BSEVER26"NONE0NO50052.3 (k) Subsection R302.5.1, Opening protection, of the I.R.C., is amended by deleting the words “equipped with a self –closing device” at the end of the second sentence. \[\] l (k) Subsection R313.2 of the I.R.C. entitled “One- and two family dwellings automatic fire systems,” and Subsection R313.2.1 of the I.R.C., entitled “Design and Installation,” are deleted. \[\]\[\] l m2.2 () Subsection R3143.1 entitled “Alterations, repairs and additions,” is \[\] by deleting Exception #2. amended to read as follows: \[ When alteration, repairs or additions requiring a permit occur, or where one or more sleeping rooms are added or created in existing dwelling, the individual dwelling unit shall be equipped with smoke alarms located as required for new dwellings. “Exceptions: “1. Work involving the exterior surfaces of dwellings, such as the replacement of roofing or siding or the addition or replacement of windows or doors, or the addition of a porch or deck, gas piping, water service line, building sewers, replacement of evaporative coolers, lawn sprinkler systems and \] electrical service masts are exempt from the requirements of this section.” \[ (m) Section R314.4, entitled “Power source” is amended to read as follows: R314.4 Power source. “ Smoke alarms shall receive their primary power from the building wiring when such wiring is served from a commercial source, and when primary power is interrupted, shall received power from a battery. Wiring shall be permanent and without a disconnecting switch other than those required for overcurrent protection. Smoke alarms shall be interconnected. “Exceptions: “1. Smoke alarms shall be permitted to be battery operated when installed in building without commercial power. “2. Interconnection and hardwiring of smoke alarms in existing areas shall not be required where the alterations or repairs do not result in the removal of interior wall or ceiling finishes exposing their structure, unless there is an attic, crawl space or basement available which could provide access for had wiring and interconnection without the removal of interior finishes. “3. Smoke alarms shall be permitted to be battery operated when the new work is limited to electrical, plumbing or mechanical installations, alterations \] or repairs.” \[ .2 (n) Subsection R315.2 of the I.R.C. entitled“Where required in existing \]\[\] Alterations, repairs and additionsby deleting dwellings,” is amendedas follows: Exception #2. (o) Section N1102 (R402) entitled “Building Thermal Envelope” of the IRC is amended for a period of time expiring March 1, 2017, by deletion of Subsection N1102.4.4 (R402.4.4) and revisions to Table N1102.1.2 (R402.1.2) and Subsection N1102.4.1.2 (R402.4.1.2) as follows: 1. Table N1102.1.2 (R402.1.2) entitled “Insulation and Fenestration Requirements by Component” is amended by deleting the numbers “15/19” and inserting the numbers “10/13” in the column labeled “Basement Wall R-Value” and applicable to Climate Zone 5 and Marine 4. 2. Subsection N1102.4.1.2 ((R402.4.1.2) entitled “Testing” is amended by revising the first sentence to read as follows: The building or dwelling unit shall be tested and verified as having an air leakage rate of not exceeding five air changes per hour in Climate Zones 1 and 2, and five air changes per hour in Climate Zones 3 through 8. 3. Subsection N1102.4.4 (R402.4.4) entitled “Rooms containing fuel-burning appliances” is deleted in its entirety. After March 1, 2017, Section N1102 (R402) shall be effective without regard to the amendments contained immediately above. (p) Subsection N1103.3.5 (R403.3.5) entitled “Building cavities (Mandatory)” of the I.R.C., is amended to read as follows: N1103.3.5 (R403.3.5) Building cavities (Mandatory). Building framing cavities shall not be used as supply ducts. (q) Subsection M1305.1.4 of the I.R.C., entitled, “Appliances under floors,” is amended by the addition of a sentence after the Exceptions which reads as follows: All access openings to underfloor furnaces shall be provided with a permanent ladder for equipment access. (r) Subsection M1401.3 of the I.R.C., entitled, “Equipment and appliance sizing,” is amended by adding a third exception which reads as follows: 3. Additions that are 600 square feet or less. SECTION 3. A public hearing to consider the adoption of this Ordinance and the International Residential 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 4. The adoption of this Ordinance, the 2015 International Residential Code and the International Energy Conservation 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 5. If any part, section, subsection, sentence, clause or phrase of this Ordinance or the adopted 2015 International Residential 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 Residential Code. SECTION 6. The Council finds and declares that certified true copies of the International Residential Code, 2015 Edition, and the International Energy Conservation 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 3 of this Ordinance, and shall remain in said office for public inspection. After adoption of this Ordinance, a copy of the 2015 International Residential Code and a copy of the 2015 International Energy Conservation 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 7. 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 Energy Conservation Code, 2015 Edition, or the International Residential Code, 2015 Edition adopted herein. Any person found guilty of a violation of this Ordinance or of the International Energy Conservation Code, 2015 Edition, or the International Residential Code, 2015 Edition shall be punished as provided in Section 4-6-6 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 4-6-6 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 8. This Ordinance shall become effective January 1, 2016. INTRODUCED: June 22, 2015 BY: Chris Nicoll PASSED AND APPROVED: July 13, 2015 City Clerk’s Office Item # R-8 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 6 OF TITLE IV OF THE PUEBLO MUNICIPAL CODE RELATING TO BUILDING REGULATIONS AND ADOPTING THE 2015 INTERNATIONAL RESIDENTIAL CODE RELATING TO BUILDING REGULATIONS FOR ONE AND TWO FAMILY DWELLINGS, AND PROVIDING PENALTIES AND REMEDIES FOR THE VIOLATION THEREOF SUMMARY: Attached is an Ordinance which makes revisions to Chapter 6 of Title IV relating to building regulations and adopts the 2015 International Residential Code (“IRC”). 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 Residential Code and the City’s policy to stay current with national and international building codes. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: On February 10, 2015, the Building Board of Appeals voted to approve adoption of the 2015 International Residential Code. The Regional Building Department recommends approval of the Ordinance. STAKEHOLDER PROCESS: The Pueblo Association of Homebuilders and the Pueblo General Contractors Association raised objections to the adoption of the 2015 version of the International Residential Code. Based upon those objections, local modifications were made to the IRC. As a result of the local revisions, the local stakeholders have withdrawn their opposition to the adoption of the 2015 IRC. 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.