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Home My WebLink About09638 City Clerk’s Office Item # R-9 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: December 23, 2019 TO: President Dennis E. Flores and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Brenda Armijo, City Clerk FROM: David Vaughn, Building Official AN ORDINANCE AMENDING CHAPTER 6 OF TITLE IV OF THE PUEBLO SUBJECT: MUNICIPAL CODE RELATING TO BUILDING REGULATIONS AND ADOPTING AMENDMENTS TO 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 adopts a change to the International Residential Code which provides owners and developers with a cost-effective means for updating the City’s existing housing stock to meet changing needs. PREVIOUS COUNCIL ACTION: City Council has routinely adopted changes to the City’s building regulations as recommended by the Regional Building Department. BACKGROUND: Appendix J to the International Residential Code is a tool which homeowners and developers can use to rehabilitate decaying, blighted and vacant homes in the City. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: Not Applicable to this Ordinance. STAKEHOLDER PROCESS: The Pueblo Regional Building Authority assisted in the drafting of this Ordinance. ALTERNATIVES: The City Council can decide not to adopt this Ordinance. RECOMMENDATION: Approve the Ordinance. Attachments: Proposed Ordinance ORDINANCE NO. 9638 AN ORDINANCE AMENDING CHAPTER 6 OF TITLE IV OF THE PUEBLO MUNICIPAL CODE RELATING TO BUILDING REGULATIONS AND ADOPTING AMENDMENTS TO 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. (a) The International Residential Code, 2015 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: and Appendix J (Existing Buildings and Appendix H, (Patio Covers) Structures) , hereinafter collectively referred to as the "I.R.C." or "International Residential Code," as amended by this Chapter, together with the minor code, entitled, International Energy Conservation Code, 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.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." \[\] - Patio Covers) and (3) All Appendices (except Appendix H Appendix J), provided however that the following portions of Appendix J are not adopted and are expressly deleted: AJ301.1.2 entitled “Plumbing materials and supplies”, AJ301.2 entitled “Water closets”, AJ301.3 entitled “Electrical”, and AJ501.5 entitled “Electrical equipment and wiring”, which includes AJ501.5.1 through AJ501.5.3.5. SECTION 2. A public hearing to consider the adoption of this Ordinance and the amendments to the International Residential Code, 2015 Edition, as previously adopted, shall be held in the Council Chambers, City Hall, 1 City Hall Place, Pueblo, Colorado at 7:00 p.m. on January 13, 2020. 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 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 4. 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 5. 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 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 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 7. This Ordinance shall become effective thirty (30) days following the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on December 23, 2019. Final adoption of Ordinance by City Council on January 13, 2020. President of City Council Action by the Mayor: ☒ Approved on January 21, 2020 . ☐ Disapproved on based on the following objections: Mayor Action by City Council After Disapproval by the Mayor: ☐ Council did not act to override the Mayor's veto. ☐ Ordinance re-adopted on a vote of , on ☐ Council action on __________________failed to override the Mayor’s veto. President of City Council ATTEST City Clerk