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Home My WebLink About10467ORDINANCE NO. 10467 AN ORDINANCE AMENDING CHAPTER 5 OF TITLE IV OF THE PUEBLO MUNICIPAL CODE RELATING TO MECHANICAL REGULATIONS AND ADOPTING THE 2021 INTERNATIONAL MECHANICAL CODE AND THE 2021 INTERNATIONAL FUEL GAS CODE, BOTH 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 is hereby amended to read as follows: Sec. 4-5-1. International Mechanical Code; adoption by reference. (a) The International Mechanical Code, \[2015\]2021 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, together with the minor code, entitled "International Fuel Gas Code," \[2015\]2021 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: I.M.C. Section 103.2, entitled "Appointment," Section 103.3, entitled "Deputies," Section \[108\]115, entitled "Violations," and Section \[109\]114, entitled "Means of Appeal\[.\]," and I.F.G.C. Section 115, entitled "Violations," Section 113, entitled "Means of Appeal." And Section 114, entitled “Boards of Appeals”. (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 and provisions of this Chapter and the International Mechanical Code, \[2015\]2021 Edition, except as same may be excluded from and specifically not covered by this Chapter and said International Mechanical Code. SECTION 2. Section 2 of Chapter 5, Title IV of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 4-5-2. Amendments. (a) Section \[103.1\]104.1 of the I.M.C., entitled "General," is amended to read as follows: "\[103.1\]104.1 Pueblo Regional Building Department - Enforcement Agency. Administration and enforcement of this Code and all related and secondary codes are hereby delegated to the Pueblo Regional Building Department. Wherever in this Code the phrase 'code official' appears, it shall be construed to refer to the Director or the Building Official of the Pueblo Regional Building Department or the \[Director's\] Building Official’s designated representative. The code official, the code official's designated representatives, and such mechanical inspectors as the code official may appoint, shall be vested with the authority of a law enforcement officer with respect to enforcing this Code and Chapter 5 of Title IV of the Pueblo Municipal Code, including the authority to issue summons and complaints for the violation thereof." \[(b) Section 103.2 of the I.M.C., entitled "Appointment," and Section 103.3 of the I.M.C., entitled "Deputies," are deleted.\] (\[c\]b) Section \[106.5.2\]109.2 of the I.M.C., entitled "\[Fee schedule\] Schedule of permit fees," is amended to read as follows: "Section \[106.5.2\]109.2 Fee schedule. Fees shall be as set forth in the fee schedule adopted by the City." \[(d) Section 306.4 of the I.M.C., entitled "Appliances under floors," is amended by the addition of the following sentence to read as follows: "All access openings to underfloor furnaces shall be provided with a permanent ladder for equipment access."\] SECTION 3. Section 3 of Chapter 5, Title IV of the Pueblo Municipal Code is hereby amended to read as follows: Section. 4-5-3. - Offenses; criminal penalties; permit revocation; other enforcement. (a) It shall be unlawful for any person to knowingly violate, disobey, omit, neglect, refuse or fail to comply with or resist the enforcement of any provision of this Chapter or the International Mechanical Code. (b) It shall be unlawful for any person to refuse or fail to timely comply with any order issued by the Code Official, the Director or Building Official of the Pueblo Regional Building Department or other designated mechanical inspector pursuant to the provision of this Chapter or the International Mechanical Code. (c) It shall be unlawful for any person to knowingly make any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to any requirement of this Chapter or the International Mechanical Code. (d) Any permit issued pursuant to the provisions of this Chapter or the International Mechanical Code may be suspended, terminated or revoked by the Code Official for: (1) any of the reasons stated in subsection 106.4.5 of the International Mechanical Code' or (2) any material violation of the terms of said permit or requirements applicable thereto. (e) In the event any owner or occupant of premises within the City shall refuse entry to the Code Official or any building inspector, or if any premises are locked and the Code Official or any building inspector has been unable to obtain permission of the owner or occupant to enter, the Municipal Court is authorized to issue a search or inspection warrant authorizing such entry in accordance with the procedures set forth in the Colorado Municipal Court Rules. (f) In the event any owner or occupant of premises within the City, or any licensed contractor, or any permittee, shall fail or refuse to comply with any provision of this Chapter, the I.M.C. or any license or permit issued thereunder, the City may initiate an action for injunctive relief in any court of competent jurisdiction to compel compliance with said chapter, I.M.C., license or permit. (g) The enforcement remedies set forth in this Section are expressly declared to be cumulative, and the exercise of any one (1) or more of them is not dependent upon the exercise of any other remedy, nor does the exercise of any one (1) or more of them constitute any bar or limitation to the exercise of any other. SECTION 4. A public hearing to consider the adoption of the International Mechanical Code, 2021 Edition, and the International Fuel Gas Code, 2021 Edition, with modifications, shall be held in the Council Chambers, City Hall, 1 City Hall Place, Pueblo, Colorado at 7:00 p.m. on May 22, 2023. The City Clerk is directed to publish notice of such hearing pursuant to Section 1-1-7 of the Pueblo Municipal Code. SECTION 5. The adoption of this Ordinance, the 2021 International Mechanical Code and the 2021 International Fuel Gas Code 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 connected with the adoption, enforcement, or nonenforcement of this Ordinance or said codes. Nothing in the 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 limitation 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 2021 International Mechanical Code and 2021 International Fuel Gas 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 2021 International Mechanical Code and the 2021 International Fuel Gas Code. SECTION 7. The Council finds and declares that a certified true copy of the International Mechanical Code, 2021 Edition, and the International Fuel Gas Code, 2021 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 4 of this Ordinance, and shall remain in said office for public inspection. After adoption of the Ordinance, a copy of the 2021 International Mechanical Code and the 2021 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. Copies of the 2021 International Mechanical Code and the 2021 International Fuel Gas Code shall be available through the Pueblo Regional Building Department for purchase by the public at a moderate price. SECTION 8. This Ordinance shall become effective on June 29, 2023 after final action by Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on May 08, 2023. Final adoption of Ordinance by City Council on May 22, 2023. President of City Council Action by the Mayor: ☒ Approved on May 24, 2023 . □ 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 # R13 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: May 22, 2023 TO: President Heather Graham and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Marisa Stoller, City Clerk FROM: Robert Jagger, Deputy City Attorney SUBJECT: AN ORDINANCE AMENDING CHAPTER 5 OF TITLE IV OF THE PUEBLO MUNICIPAL CODE RELATING TO MECHANICAL REGULATIONS AND ADOPTING THE 2021 INTERNATIONAL MECHANICAL CODE AND THE 2021 INTERNATIONAL FUEL GAS CODE, BOTH 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 2021 International Mechanical Code and the 2021 International Fuel Gas Code. The 2021 International Fuel Gas Code is a secondary code. PREVIOUS COUNCIL ACTION: Periodically, the City Council considers adoption of an updated version of the International Building Code with minor amendments. The Council adopted the 2015 International Mechanical Code on July 13, 2015 by Ordinance No.8892. BACKGROUND: This Ordinance is necessitated by an update to the 2021 International Mechanical Code and the City’s policy to stay current with national and international building codes. The Pueblo Regional Building Department (Department) seeks to amend the code in compliance with C.R.S. 31-15-602 regarding energy efficient building codes. Additional requirements will apply if the Code is adopted on or after July 1, 2023. FINANCIAL IMPLICATIONS: Adoption of this Ordinance will not result in the City incurring a new fiscal obligation. BOARD/COMMISSION RECOMMENDATION: The Department’s Mechanical Board of Review 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 2021 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 out of date. This could result in a lowering of the Department’s Insurance Services Office, Inc. (“ISO”) rating. RECOMMENDATION: Approval of the Ordinance. ATTACHMENTS: 1. ORD - Chapter 5 Regional Building Code Changes