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HomeMy WebLinkAbout09965 ORDINANCE NO. 9965 AN ORDINANCE AMENDING CHAPTER 4 OF TITLE IV OF THE PUEBLO MUNICIPAL CODE RELATING TO PLUMBING REGULATIONS AND ADOPTING THE 2018 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 amended to read as follows: Sec. 4-4-1. International Plumbing Code; adoption by reference. The International Plumbing Code, \[2015\] 2018 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," \[2015\] 2018 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 On ground 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(e) (Table 403.1) of Chapter 4, Title IV of the Pueblo Municipal Code is hereby amended to read as follows: (e) Table 403.1 \[Footnote f\] of the I.P.C. is amended to \[read\] add Footnote g as follows: g. Mop sinks or service sinks shall not be installed in restrooms. SECTION 3. Chapter 4, Title IV of the Pueblo Municipal Code is hereby amended to delete the captions “Article 1 Plumbing” and “Article II Exclusions”. Only the captions are deleted. SECTION 4. A public hearing to consider the adoption of this Ordinance and the 2018 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 12, 2021. The City Clerk is directed to publish notice of such hearing pursuant to Section 31-16-203 of the Colorado Revised Statutes. SECTION 5. The adoption of this Ordinance, the 2018 International Plumbing Code, the 2018 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 6. If any part, section, subsection, sentence, clause or phrase of this Ordinance or the adopted 2018 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 2018 International Plumbing Code. SECTION 7. The Council finds and declares that certified true copies of the 2018 International Plumbing Code, the 2018 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 4 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 8. 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 2018 International Plumbing Code, the 2018 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 9. This Ordinance shall become effective 30 days after final passage and approval. Action by City Council: Introduced and initial adoption of Ordinance by City Council on June 28, 2021 Final adoption of Ordinance by City Council on July 12, 2021 . President of City Council Action by the Mayor: ☒ Approved on July 14, 2021 . □ 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 City Clerk’s Office Item # R-6 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: June 28, 2021 TO: President Lawrence W. Atencio and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Marisa Stoller, City Clerk FROM: David Vaughn, Pueblo Regional Building Department SUBJECT: AN ORDINANCE AMENDING CHAPTER 4 OF TITLE IV OF THE PUEBLO MUNICIPAL CODE RELATING TO PLUMBING REGULATIONS AND ADOPTING THE 2018 INTERNATIONAL PLUMBING CODE PUBLISHED BY THE INTERNATIONAL CODE COUNCIL, INC., AND PROVIDING PENALTIES AND REMEDIES FOR THE VIOLATION THEREOF SUMMARY: Attached for consideration is a proposed Ordinance to adopt the 2018 International Plumbing Code. PREVIOUS COUNCIL ACTION: Periodically, City Council considers adoption of an updated version of the International Plumbing Code with minor amendments. The Council adopted the 2015 International Plumbing Code on July 13, 2015 by Ordinance No. 8891. BACKGROUND This Ordinance is necessitated by an update to the 2015 International Plumbing Code and the City’s policy to stay current with national and international building codes. FINANCIAL IMPLICATIONS: Adoption of this Ordinance will not result in the City incurring a new fiscal obligation. BOARD/COMMISSION RECOMMENDATION: 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 2018 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 out of date. This could result in a lowering of the building department’s Insurance Services Office, Inc. (“ISO”) rating. RECOMMENDATION Approval of the Ordinance. Attachments: Proposed Ordinance