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City Clerk's Office Item # R5
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: April 8, 2024
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Marisa Stoller, City Clerk
FROM: Mark Guerrero
Pueblo Regional Building Department
SUBJECT: AN ORDINANCE AMENDING CHAPTER 4 OF TITLE IV OF THE
PUEBLO MUNICIPAL CODE RELATING TO PLUMBING
REGULATIONS AND ADOPTING BY REFERENCE PORTIONS OF THE
2023 COLORADO PLUMBING CODE ESTABLISHED BY THE
COLORADO STATE PLUMBING BOARD, AND THE 2021
INTERNATIONAL PLUMBING CODE, THE 2021 INTERNATIONAL
RESIDENTIAL CODE, AND THE 2021 INTERNATIONAL SWIMMING
POOL AND SPA CODE, ALL PUBLISHED BY THE INTERNATIONAL
CODE COUNCIL, INC., AND THE 2013 NFPA 24 STANDARD FOR THE
INSTALLATION OF PRIVATE FIRE SERVICE MAINS AND THEIR
APPURTENANCES PUBLISHED BY THE NATIONAL FIRE
PROTECTION ASSOCIATION AND PROVIDING PENALTIES AND
REMEDIES FOR THE VIOLATION THEREOF
SUMMARY:
Attached for consideration is a proposed Ordinance to adopt the Colorado Plumbing
Code, which incorporates by reference portions of the 2021 International Plumbing
Code and the 2021 International Residential Code and to adopt associated minor
codes.
PREVIOUS COUNCIL ACTION:
Periodically, the Council considers adoption of the current version of the International
Plumbing Code with minor amendments. The Council adopted the 2018 International
Plumbing Code on July 12, 2021.
BACKGROUND:
The State allows for the City to adopt standards which are at least equal to those
adopted by the State Plumbing Board and requires local jurisdictions to adopt the
current version of the Colorado Plumbing Code with any more restrictive provisions
within twelve months after the State Plumbing Board has adopted the Colorado
Plumbing Code. Section 12-155-106, C.R.S. The State Plumbing Board adopted the
Colorado Plumbing Code, effective April 14, 2023. The State is requiring that the
Colorado Plumbing Code be adopted by reference with allowed amendments.
FINANCIAL IMPLICATIONS:
There will be expected financial implications regarding construction due to changes
from the 2018 International Plumbing Code to Colorado Plumbing Code. The amount
will be determined by the size of the project.
BOARD/COMMISSION RECOMMENDATION:
The Pueblo Regional Building Plumbing Board of Appeals approved the adoption of the
Colorado Plumbing Code with minor amendments at the meeting on February 13, 2024,
and recommends this Ordinance be approved.
STAKEHOLDER PROCESS:
The Pueblo General Contractors Association and the Pueblo Association of Home
Builders are aware that this Ordinance will be considered by the Council. Reference
letters have been provided.
Flowright code adoption letter
RH Builders code adoption letter
ALTERNATIVES:
None.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
1. 2021 Code Adoption Letter - Flowright
2. 2021 IPC 2023 NEC Endorsement - RH Builders
ORDINANCE NO. 10684
AN ORDINANCE AMENDING CHAPTER 4 OF TITLE IV OF THE
PUEBLO MUNICIPAL CODE RELATING TO PLUMBING
REGULATIONS AND ADOPTING BY REFERENCE PORTIONS
OF THE 2023 COLORADO PLUMBING CODE ESTABLISHED
BY THE COLORADO STATE PLUMBING BOARD, AND THE
2021 INTERNATIONAL PLUMBING CODE, THE 2021
INTERNATIONAL RESIDENTIAL CODE, AND THE 2021
INTERNATIONAL SWIMMING POOL AND SPA CODE, ALL
PUBLISHED BY THE INTERNATIONAL CODE COUNCIL, INC.,
AND THE 2013 NFPA 24 STANDARD FOR THE INSTALLATION
OF PRIVATE FIRE SERVICE MAINS AND THEIR
APPURTENANCES PUBLISHED BY THE NATIONAL FIRE
PROTECTION ASSOCIATION AND PROVIDING PENALTIES
AND REMEDIES FOR THE VIOLATION THEREOF
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
Section 1 of Chapter 4, Title IV of the Pueblo Municipal Code, as amended, is hereby
amended to read as follows:
Sec. 4-4-1. \[International Plumbing Code\] Colorado Plumbing Code; adoption by reference.
The Colorado Plumbing Code, established by the Colorado State Plumbing Board, 1560
Broadway, suite 1350, Denver, Colorado 80202, effective 4/14/2023 and as amended
12/15/2023 and published at 3 CCR 720-1,which includes portions of the 2021 Edition of
the International Plumbing Code, published by the International Code Council, Inc.(
March 2020), 4051 West Flossmoor Road, Country Club Hills, IL 60478, referred to as the
"International Plumbing Code" or "I.
Residential Code, published by the International Code Council, Inc.(January 2021), 4051
West Flossmoor Road, Country Club Hills, IL 60478, all as adopted by the Colorado State
Plumbing Board, \[The International Plumbing Code, 2018 Edition, as including all appendices
and tables, promulgated and published by the International Code Council, Inc., 4051 West
Flossmoor Road, Country Club Hills, IL 60478, referred to as the "International Plumbing Code"
or "I.P.C.,"\] together with the minor codes entitled, "International Swimming Pool and Spa
Code," 2021 Edition, published by the International Code Council, Inc. (2020), 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 (May 2012), 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
Colorado Plumbing Code \[I.P.C.\] are not adopted and are expressly deleted:
Sections 1.2 D. 6. Fee Establishment and 7. Information Only Sections.
Sections1.2 E. 1. b. IPC Section 106.5 Permit issuance, p. IPC Section 312.9 Shower liner
test, y. IPC Section 504.6.1 Collection of Relief Valve Discharge Exceptions 1 and 2, and
aa. IPC Section 504.7 Required pan.
Section 1.2 E. 2. a. IRC Section 105.1 Required, j. IRC Section P2503.6 Shower liner test, t.
IRC Section P2801.6 Required pan, u. IRC Section 2803.6.2 Collection of Relief Valve
Discharge Exceptions 1 and 2, and uu. IRC Section P3008.1 Where required (backwater
valves).
\[Section 109 entitled "Means of Appeal," Chapter 12 entitled "Special Piping and Storage
Systems," Appendix A entitled "Plumbing Permit Fee Schedule" and Appendix E entitled "Sizing
of Water Piping System".\]
In addition, Chapters 1 Scope and Administration, 4 Public Swimming Pools, 5 Public Spas and
Public Exercise Spas, 6 Aquatic Recreation Facilities, 7 Onground 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 \[I.P.C.\] Colorado
Plumbing Code as adopted herein.
SECTION 2.
Section 2 of Chapter 4, Title IV of the Pueblo Municipal Code, as amended, is hereby
amended to read as follows:
Sec. 4-4-2 Amendments to \[I.P.C.\] Colorado Plumbing Code, Section 1.2 E.1.to add
following:
\[(a)\] Section 103.1 \[General\] Creation of Agency of the I.P.C. is amended and adopted to
read as follows:
103.1 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 "Building Official"
appears, it shall be construed to refer to the Building Official of the Pueblo Regional Building
Department or the Building Official's designated representative. The Building Official, the
Building Official's designated representatives, and such plumbing inspectors as the Building
Official may appoint, shall be vested with the authority of a law enforcement officer with respect
to enforcing this code and Chapter 4 of Title IV of the Pueblo Municipal Code, including the
authority to issue summons and complaints for the violation thereof.
\[(b)\] Section 109 Fees \[106.6.2 Fee Schedule\] of the I.P.C. is \[amended\] hereby adopted.
\[to read as follows:
106.6.2 Fee Schedule. Fees shall be as set forth in the fee schedule adopted by the City.\]
vvv. Section 202 General Definitions of the I.P.C. is amended to revise the definition of
plumbing system to provide as follows:
PLUMBING SYSTEM. A system that includes the water distribution pipes; plumbing
fixtures and traps; water-treating or water-using equipment; soil, waste and vent pipes;
and building drains; in addition to their respective connections, devices and
appurtenances within a structure or premises; and the water service, building sewer and
building storm sewer serving such structure or premises. This includes all portions of
private water mains, sewer mains, storm sewer and fire mains.
\[(c)\]www. Section 305.4 Freezing of the I.P.C. is amended to read as follows:
305.4 Freezing. Water, soil and waste pipes shall not be installed outside of a building, in attics
or crawl spaces, concealed in outside walls, or in any other place subjected to freezing
temperatures unless adequate provision is made to protect such pipes from freezing by
insulation or heat or both. Exterior water supply system piping shall be installed not less than 48
inches below grade.
\[(d)\]xxx. Section 305.4.1 Sewer depth of the I.P.C. is amended to read as follows:
305.4.1 Sewer Depth. Building sewers that connect to private sewage disposal systems shall
be installed not less than 12 inches below finished grade at the point of septic tank
connection. Building sewers shall be installed not less than 12 inches below grade.
yyy. Section 306.3 Backfilling of the I.P.C. is amended to add a subsection as follows:
306.3.1 Time to Backfill. Backfilling shall be completed within seventy-two (72) hours after
approved inspection.
\[(e)\] zzz. Table 403.1 of the I.P.C. is amended to add Footnote g as follows:
g. Mop sinks or service sinks shall not be installed in restrooms.
\[(f)\] aaaa. Subsection 405.3.1 of the I.P.C., entitled "Water closets, urinals, lavatories and
bidets," is amended by the addition of a paragraph to read as follows:
Where more than one (1) water closet or water closets and urinals are installed in a room, they
shall be separated by an approved partition wall. Urinals set next to each other or another
fixture shall have an approved splash guard.
\[(g)\] bbbb. Section 605.3 Water service pipe of the I.P.C. is amended by the addition of the
following exception to read as follows:
EXCEPTION: All new or replaced water service piping smaller than two (2) inches (51 mm) from
the main to the meter shall be no lighter than Type L Copper or PEX, PE-AL-PE, and PEX-AL-
PEX pipe. A blue 14-gauge tracer wire shall be installed with all nonmetallic water services. All
service piping two (2) inches (51 mm) or larger shall be Type K Copper, Class 50 or Ductile
Iron, Class 150 Asbestos Cement, or PVC American Water Works Association approved
pressure pipe or other approved material. Water service piping shall be installed to a minimum
of forty-eight (48) inches (1219.2 mm) depth from the top of the pipe.
\[(h)\] cccc. Section 608.1 General of the I.P.C. is amended by the following addition:
All new or remodeled public buildings shall have a reduced pressure-type backflow preventer
installed on the water service supplying such buildings or any portion thereof.
\[(i)\] dddd. Section 701.2 Connection to Sewer Required is amended by the addition of a
new Section to read as follows:
701.2.1 Connections. Taps made to existing sanitary sewers for building sewers draining into
the existing sanitary sewer system of the City shall be made by an approved mechanical cutting
device and an approved saddle or by removing a section of sewer pipe, and the installation of a
new pipe section or sections with a wye fitting and an approved coupling to make the joint at the
juncture of the new pipe with the existing system. Such work shall be done by either a Plumbing
Contractor or Plumbing Utility Contractor who is licensed to do such work as provided by Title
IV, Chapter 1 of the Pueblo Municipal Code. Connections to new sanitary sewers or newly
repaired sanitary systems and installations of building sewers from the main sewer to the
building drain shall be installed by a Plumbing Contractor or a Plumbing Utility Contractor who is
licensed to do such work. When a sewer main is installed in the street or alley right-of-way, the
building sewer, as defined in this code, shall be installed to the property line and properly
marked with magnetic ductile tape for the full length of said sewer line. Building sewers,
including each tap and wye, shall be inspected by personnel of either the Pueblo Regional
Building Department or the City Department of Wastewater.
\[(j)\] eeee. Section 903.1.1 Roof extension unprotected of the I.P.C. is amended to read as
follows:
903.1.1 Roof extension unprotected. Open vent pipes that extend through a roof shall be
terminated not less than 6 inches above the roof. \[Where a roof is to be used for assembly or as
a promenade, observation deck, sunbathing deck or similar purposes, open vent pipes shall
terminate not less than 7 feet (2134 mm) above the roof.\]
ffff. Section 904.1.1 Installation of the I.P.C. is deleted in its entirety.
\[(k)\] gggg. Section 903.2 Frost Closure of the I.P.C. is deleted in its entirety.
\[(l)\] hhhh. Section 904.1.2 Size of the I.P.C., is amended to read as follows:
904.1.2 Size. The required vent size shall not be less than the aggregate cross-sectional area of
the largest required building drain.
\[(m)\] iiii. Section 918.3 Where Permitted of the I.P.C. is amended to read as follows:
918.3 Where permitted. Air Admittance Valves may be permitted for use on fixtures located on
the same floor at the following locations: Islands, Peninsulas, under windows, at bearing walls
and other applications where conventional venting methods are not possible due to the existing
constructions and structural locations.
jjjj. Chapter 12 Special Piping and Storage Systems of the I.P.C. is deleted in its
entirety.
kkkk. Appendix E Sizing of Water Piping System of the I.P.C. is deleted in its entirety.
SECTION 3.
Section 4 of Chapter 4, Title IV of the Pueblo Municipal Code, as amended, is hereby
amended to read as follows:
Sec. 4-4-4. Interpretation of the \[International\] Colorado Plumbing Code.
Wherever in the \[International\] Colorado Plumbing Code it is provided that anything must be
done to the approval of or subject to the direction of the authority having jurisdiction, this shall
be construed to give such officer only the discretion to determine whether the rules and
standards established by the \[International\] Colorado Plumbing Code have been complied with;
and no such provision shall be construed as giving any officer discretionary powers as to what
such regulations or standards shall be, or power to require conditions not prescribed by
the \[International\] Colorado Plumbing Code or to enforce the provisions of the \[International\]
Colorado Plumbing Code in an arbitrary or discriminatory manner.
SECTION 4.
Section 9 of Chapter 4, Title IV of the Pueblo Municipal Code, as amended, is hereby amended
to read as follows:
Sec. 4-4-9. 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 of the
\[International\] Colorado Plumbing Code.
(b) It shall be unlawful for any person to refuse or fail to timely comply with an order issued
by the Building Official or other designated plumbing inspector pursuant to the provisions of this
Chapter or the \[International\] Colorado Plumbing 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
\[International\] Colorado Plumbing Code.
(d) Any permit issued pursuant to the provisions of this Chapter or the \[International\]
Colorado Plumbing Code may be suspended, terminated or revoked by the Building Official for
(1) any of the reasons stated in Section 106.5.5 of the International Plumbing 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
Building Official or any plumbing inspector, or if any premises are locked and the Building
Official or any plumbing inspector has been unable to obtain permission of the owner or
occupant to enter, the Pueblo 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 of Procedure.
(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
\[I.P.C.\] Colorado Plumbing Code 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 this Chapter or the \[I.P.C.\] Colorado Plumbing Code, license or permit.
(g) The enforcement remedies 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 5.
A public hearing to consider the adoption of this Ordinance and the Colorado Plumbing
Code, the 2021 International Swimming Pool and Spa Code and the 2013 NFPA 24 Standard
for the Installation of Private Fire Service Mains and Their Appurtenances with modifications,
shall be held in the Council Chambers, City Hall, 1 City Hall Place, Pueblo, Colorado at 7:00
p.m. on ____________________. The City Clerk is directed to publish notice of such hearing
pursuant to Section 1-1-7 of the Pueblo Municipal Code.
SECTION 6.
The adoption of this Ordinance, the Colorado Plumbing Code, the 2021 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 7.
If any part, section, subsection, sentence, clause or phrase of this Ordinance or the
adopted Colorado Plumbing Code, the 2021 International Swimming Pool and Spa Code and
the 2013 NFPA 24 Standard for the Installation of Private Fire Service Mains and Their
Appurtenances is for any reason held to be invalid, such decision shall not affect the validity of
the remaining portions of this Ordinance or of said codes.
SECTION 8.
The Council finds and declares that certified true copies of the Colorado Plumbing
Code, the 2021 International Plumbing Code, the 2021 International Residential Code, the 2021
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 at or before the first presentation 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 9.
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
Colorado Plumbing Code, the 2021 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 10.
This Ordinance shall become effective 30 days after final action by the Mayor and City
Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on March 25, 2024.
Final adoption of Ordinance by City Council on April 8, 2024.
____________________________
President of City Council
Action by the Mayor:
Approved on _______________.
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 _____________
____________________________
President of City Council
ATTEST
________________________________
City Clerk