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HomeMy WebLinkAbout10684 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