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HomeMy WebLinkAbout05191 7 ORDINANCE NO. 5191 AN ORDINANCE REPEALING AND AMENDING SECTIONS OF CHAPTER 2, TITLE III OF THE 1971 CODE OF ORDINANCES RELATING TO THE FIRE PREVENTION CODE AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: (Brackets indicate material being deleted and underscoring indicates material being added. ) SECTION 1. Section 22, Chapter 2, Title III of the 1971 Code of Ordinances is hereby amended to read as follows : The Uniform Fire [Prevention] Code and this Article shall be enforced by the Bureau of Fire Prevention in the Fire Department of the City, which is hereby established and which shall be operated under the supervision of the Chief of the Fire Department. The Chief of the Fire Department may assign one assistant chief as the head of the Bureau of Fire Prevention, and such other members of the Fire Department as inspectors as from time to time shall be necessary. SECTION 2 . Sections 24 , 27 , 28, 31 through 37 , 39 through 43 , Chapter 2, Title III of the 1971 Code of Ordinances are hereby repealed. SECTION 3. Section 23 , Chapter 2, Title III of the 1971 Code of Ordinances is hereby amended to read as follows: [Section 1. 1 of the Fire Prevention Code is hereby amended by adding the following paragraphs, to be known as paragraphs (b) and (c) . ] [ (b) ] If any section or sections contained in the Uniform Fire [Prevention] Code are also covered by a section or sections of the Uniform Building Code, as the same may be now or hereafter altered, amended or adopted, the most restrictive provision or that imposing the highest standard shall govern. [ (c) When the phrase State Fire Marshal appears in this Code it shall mean the Chief of the Fire Department. ] SECTION 4. Section 29, Chapter 2, Title III of the 1971 Code of Ordinances is hereby amended to read as follows : [Section 16. 103 of the Fire Prevention Code is hereby amended. to read as follows : ] Section 79. 1104 of the Uniform Fire Code as adopted in this Chapter is amended by the addition of the following paragraphs : [a. ] n. It shall be the duty of the owner of any vehicle used for the delivery of Class I or Class II flammable liquids within the City to have such vehicle inspected annually by some agency approved by the Chief of the Fire Department, and to file a report of such annual inspection with the Fire Department on or before the first day of January each year. It shall be unlawful for any person to operate any vehicle for which an inspection report has not been filed for the current year. The inspection report shall be made on forms furnished by the Fire Department, and shall certify that the vehicle has been inspected and found to be in a safe condition, and complies with all the structural and safety requirements prescribed by this Chapter and the Uniform -2- Fire [Prevention] Code. Any vehicle which is involved in an accident shall be reinspected and a report of the reinspection filed with the Fire Department before it is put back into service. [b. ] o. A certificate of approval shall be issued by the Fire Department for each vehicle for which an inspection report has been filed. Certificates of approval shall be valid until the first day of January following the date of issuance. The Chief of the Fire Department may refuse to grant such certificate of approval for good cause shown, or may revoke or suspend a certificate for noncompliance with the provisions of this Chapter. [c. ] p. Each vehicle upon being approved shall be given a serial number by the Fire Department, and this number shall be painted in an approved manner in such places on the vehicle as may be designated by the Chief of the Fire Department. [d. ] q. The Chief of the Fire Department, or his duly authorized representative, is authorized and empowered to inspect any vehicle, apparatus or equipment used for the transportation of flammable liquids, at any time or place in the City, and shall have the authority to prohibit the use of any vehicle which does not conform to the requirements of this Chapter or the Uniform Fire [Prevention] Code. SECTION 5. Section 30, Chapter 2 , Title III of the 1971 Code of Ordinances is hereby amended to read as follows : [Article 16, Division X, of the Fire Prevention Code is hereby amended by adding thereto the following Sections: ] Section 79 . 1104 of the Uniform Fire Code as adopted in this -3- Chapter is amended by the addition of the following new sub- sections: [ (a) Section 16. 1016. Routing. ] r. It shall be unlawful for any personto drive or operate any tank truck or vehicle, empty, loaded or partially loaded with flammable liquids, where such load did not originate in or is not destined for delivery to any point within the City, except upon the routes designated by the Chief of the Fire Department and the Traffic Engineer, and approved by the City Manager. Routes are subject to change as conditions warrant. [ (b) Section 16. 1017 . Local Delivery] [ (a. ) ] s. It shall be unlawful for any person in making deliveries of Class I or Class II flammable liquids within the City to drive or operate any vehicle loaded or partially loaded therewith over or upon any street or alley within the bounds of the inner fire zone as hereinabove described, except on routes approved by the Chief of the Fire Department. A routing map shall be filed with the Fire Department, subject to approval of the Chief of the Fire Department. The boundary lines of the inner fire zone, as defined in this Code, shall include all retail stations on each side of the street handling or selling Class I or Class II flammable liquids to the ultimate consumer. [ (b. ) ] t. Tank trucks making deliveries of Class I or Class II flammable liquids within the City shall follow the approved routes as designated in subsection s. wherever possible. [ (c. ) ] u. During loading and unloading operations, wherever possible, such tank trucks shall be off the street and not impeding other traffic. -4- [ (d. ) ] v. Tank trucks are prohibited inside any building during delivery operations and all containers shall be filled outside buildings. [ (e. ) ] w. Deliveries of Class I or Class II flammable liquids from tank (full) trailers (commonly referred to as double bottoms) [is] are prohibited. [ (f. ) ] x. Deliveries of Class I or Class II flammable liquids shall be made only between the hours of six o 'clock a.m. and eight o ' clock p.m. In case of emergency, the Chief of the Fire Department may grant permission for unloading at other hours. [ (g. ) ] y. When tank trucks are making deliveries to retailer stations of Class I and II flammable liquids, there shall be a liquid and vapor-tight screw-tight connection maintained between the tank truck and the tank being filled. Other equally effective means of maintaining a tight connection at the fill pipe may be used if approved by the Chief of the Fire Department. SECTION 6. Section 38, Chapter 2 , Title III of the 1971 Code of Ordinances is hereby amended to read as follows : 3-2-38 SMOKING [ ; ] IN VARIOUS ESTABLISHMENTS; ROOMS PERMISSIBLE; NOTICE [Section 28. 3 of the Fire Prevention Code is hereby amended by adding thereto the following subsections : (A) Section 28 . 3.e. ] (a) Retail Stores . It shall be unlawful for any person to ignite any match or flammable material, or to smoke any cigar, cigarette or pipe, in any retail store where there are sold dry goods, pyroxylin -5- plastics, curtains, draperies, scarves, neckties, dresses, under- wear, bedding, bunting, decorating material, linen or similar highly flammable materials or products, except in such room or rooms as may be designated as smoking rooms and used for that purpose. The floor or covering of such rooms shall be incombustible and such rooms shall be well ventilated to the outside of the building. Such smoking rooms shall be approved by the Chief of the Fire Department. "NO SMOKING" signs shall be posted on each floor in such establishments. [ (B) Section 28. 3 . f. Factories, Warehouses, etc. It shall be unlawful for any person to ignite any match or flammable material, or to smoke any cigar, cigarette or pipe in any theater, opera house, auditorium or place of public assembly, except in restrooms, lounges, or offices designated and approved by the Chief of the Fire Department. (C) Section 28. 3.g. ] (b) Places of Public Assembly. It shall be unlawful for any person to ignite any match or flammable material, or to smoke any cigar, cigarette or pipe in any theater, opera house, auditorium or place of public assembly, except in restrooms, lounges, or offices designated and approved by the Chief of the Fire Department. [ (D) Section 28. 3.h. ] (c) Public Elevators. It shall be unlawful to smoke any cigarette, cigar, pipe, or to carry any lighted cigarette, cigar, or pipe into any public elevator in the City. "NO SMOKING" signs shall be posted and maintained in all public elevators by the owner or lessee. -6- [ (E) Section 28. 3. i. ] (d) Service Stations. It shall be unlawful to smoke around gasoline service stations and garages where gasoline and other flammable fluids are being handled or dispensed. A plainly printed notice of "NO SMOKING" shall be posted in a conspicuous place by the owner or lessee of the service station or garage. [ (F) Section 28. 3. j . ] (e) Hotels , etc . Any person who by smoking or attempting to light or smoke cigarettes, cigars, pipes, or tobacco in any manner in which lighters or matches are employed who shall in a careless, reckless or negligent manner whatsoever, whether willfully or wantonly or not, set fire to any bedding, carpet, curtain, drapes, furniture, house or household furnishings or other equipment or appurtenances in or to any hotel or other building of like occupancy shall be guilty of a violation of this code and shall be subject to punishment prescribed in Section 1-2-1. In each sleeping room of all hotels, rooming houses, lodginghouses and other places of public abode, a plainly printed notice shall be posted in a conspicuous place, by the owner or lessee advising tenants of the provisions of this Section. [ (G) Section 28. 3 .k. ] (f) Public Conveyances. It shall be unlawful to smoke or carry a lighted cigar, pipe, or cigarette on any motor bus or other public conveyance operating on established schedules within the City. A plainly printed notice of "NO SMOKING" shall be posted in a conspicuous place on each transportation vehicle. -7- SECTION 7. Section 50, Chapter 2, Title III of the 1971 Code of Ordinances is hereby amended to read as follows: (a) No person shall burn or permit to be burned on any premises owned or controlled by him, or on any public street, alley, or other land adjacent to such premises, any rubbish, waste paper, trash, wood or other combustible material. [where the material burned is in the open or in a receptacle other than an approved multiple-chamber incinerator. ] [ (b) Nothing in this section shall prohibit the burning of rubbish, waste paper, trash, wood or other combustible material within an approved multiple-chamber incinerator. Provided, however, that no person shall discharge, or cause or permit to be discharged, into the atmosphere, from any such "multiple-chamber incinerator, " any air contaminant for a period aggregating more than three minutes during any hour which is: (1) As dark or darker in shade as that designated No. 2 on the Ringelmann chart; or (2) Of opacity equal to or greater thansmoke described in (b) (1) above. "Multiple-chamber incinerator" means any article, machine, equipment, contrivance, structure, or part of a structure used to dispose of combustible refuse by burning, consisting of three or more refractory walls, inter-connected by gas passage parts or ducts, and employing adequate para-meters necessary for maximum combustion of the material to be burned. (c) ] (b) No ashes shall be kept or deposited in any part of -8- the City except in a secure, noncombustible room or receptacle constructed of such materials and of such design and so located that ashes deposited or kept therein cannot be blown or carried therefrom by wind, and that no fire can be communicated therefrom to fences, buildings or any combustible material. [ (d) ] (c) For purposes of enforcement of this section the Fire Department and the Police Department are hereby directed to report all violations hereof to the Health Department and to render to the Health Department such aid and assistance as may be necessary to the enforcement of this section. [ (e) ] (d) For emergency situations only, the Fire Department and the Health Department may issue a joint permit allowing open burning. [or burning in a receptacle other than a multiple- chamber incinerator. ] [ (f) ] (e) This section shall not apply to: (1) Fires used for the noncommercial preparation of food for human consumption. (2) Fires for instructional or recreational purposes . [ (g) ] (f) Nothing contained in this section shall prohibit the burning of weeds upon land zoned for agricultural use, provided such burning be done in compliance with all applicable ordinances of the City, Colorado State Statutes, and the rules and regulations of any city or state agency or board. SECTION 8. Section 58 , Chapter 2 , Title III of the 1971 Code of Ordinances is hereby amended by the additionat of the following paragraph: -9- In addition, any person, firm, or corporation violating any of the provisions of this Chapter or the Uniform Fire Code as adopted and amended by the City, shall upon conviction thereof be punished as provided in Section 1-2-1 of the 1971 Code of Ordinances of the City of Pueblo. SECTION 9 . Chapter 2, Title III of the 1971 Code of Ordinances is amended by the addition of a new Section 59 which shall read as follows: 3-2-59 : Board of Appeals Section 2. 302 of the Uniform Fire Code as amended and adopted by the City is hereby amended to read as follows : Any person aggrieved by any ruling, decision, interpretation, or order of the Fire Chief, the Assistant Fire Chief in charge of fire prevention, or the Fire Department, shall have the right to appeal to the Fire Board of Appeals, which is hereby created. Such Board shall consist of five members who are qualified by experience or training to pass upon fire safety matters. The Fire Chief shall be a nonvoting ex-officio member and shall act as secretary of the Board. The Board of Appeals shall be appointed by resolution of the City Council for such terms and upon such conditions as shall be set forth in such resolution. The Board members shall serve at the pleasure of City Council. The Board shall adopt reasonable rules and regulations for conducting its proceedings and shall render all decisions and findings in writing to the Fire Chief, with a duplicate copy to the appellant, and may recommend to City Council such new legislation as deemed necessary. -10- Any aggrieved person appealing any ruling, decision, inter- pretation or order shall file a written appeal setting forth the grounds and reasons for such appeal with the Fire Chief within ten (10) days from the date of such ruling, interpretation, order or decision which is being appealed. If such notice is timely filed, the Board of Appeals shall set a time and place for a hearing, and by first class mail postage prepaid, notify the party filing the appeal. The date of the hearing shall be not more than fifteen (15) days after the filing of the appeal . The hearing shall be open to the public and all interested persons shall be heard. The Board of Appeals, by majority vote of the members present, shall affirm, modify, or reverse any appealed ruling, interpretation, order or decision of the Fire Chief, the Assistant Fire Chief for file prevention, or the Fire Department. The Board of Appeals may permit a variance from the strict terms and provisions of this Chapter or the Uniform Fire Code as adopted by the City if such variance can be made without increasing the hazards to the health or safety of persons or property and if the granting of such variance will not violate the intent and purposes of the fire code. Mere inconvenience to the appellant shall not be grounds for the granting of a variance. SECTION 10. All former ordinances or parts thereof conflicting or inconsistent with the provisions of this ordinance or the Uniform Fire Code as adopted by the City are hereby repealed. SECTION 11. If any part, section, subsection, sentenacce, clause or phrase of this ordinance or of the Uniform Fire Code as amended and adopted -11- by the City 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 Uniform Fire Code. SECTION 12 . This Ordinance shall take effect upon final passage and approval. Introduced October 22 , 1984 By PAUL JONES Councilperson APPROVED: I --- /- 7---7, ''21 Pre ident og Ci'Ey Council ATTEST: (._.,7 / �i // Ci -12-