Loading...
HomeMy WebLinkAbout05626ORDINANCE NO. 5626 AN ORDINANCE AMENDING CHAPTER 2, TITLE III, OF THE 1971 CODE OF ORDINANCES OF THE CITY OF PUEBLO RELATING TO THE FIRE PREVENTION CODE; ADOPTING BY REFERENCE THE UNIFORM FIRE CODE, 1988 EDITION, PROMULGATED AND PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS, 5360 SOUTH WORKMAN MILL ROAD, WHITTIER, CALIFORNIA 90601 AND BY THE WESTERN FIRE CHIEFS ASSOCIATION, 5360 SOUTH WORKMAN MILL ROAD, WHITTIER, CALIFORNIA 90601; PROVIDING FOR A PENALTY FOR VIOLATIONS OF THE PROVISIONS OF THIS CODE; AND PROVIDING FOR A PUBLIC HEARING TO CONSIDER ADOPTING THIS CODE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PUEBLO, COLORADO, that: (Brackets indicate material being deleted and underscoring indicates material being added.) SECTION 1 Section 21, Chapter 2, Title III of the 1971 Code of Ordinances is amended to read as follows: 3 -2 -21: UNIFORM FIRE CODE - ADOPTION BY REFERENCE The Uniform Fire Code [1985] 1988 Edition promulgated and published by International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California 90601 and by the Western Fire Chiefs Association, 5360 South Workman Mill Road, Whittier, California 90601 [herein] referred to as Uniform Fire Code (UFC) is [hereby] adopted and enacted by reference[ and made a part hereof as if set out herein in full]. SECTION 2 Section 29, Chapter 2, Title III of the 1971 Code of Ordinances is amended to read as follows: -1- 3 -2 -29: VEHICLES TRANSPORTING HAZARDOUS MATERIALS INCLUDING FLAMMABLE LIQUIDS - INSPECTIONS; APPROVAL Section 79.1204 of the Uniform Fire Code as adopted in this Chapter is amended by the addition of the following subparagraphs: n. It shall be the duty of the owner of any vehicle used for the delivery of [Class I or Class II] hazardous materials, including 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 Fire 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. 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 -2- certificate for noncompliance with the provisions of this Chapter. P_ 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] to transport[ation of] hazardous materials, including 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 Code. C1 rrSTn&7 Z Section 30, Chapter 2, Title III of the 1971 Code of Ordinances is amended to read as follows: 3 -2 -30: SAME -- ROUTING; LOCAL DELIVERY Section 79.1204 of the Uniform Fire Code as adopted in this Chapter is amended by the addition of the following new subparagraphs which are further amended to read as follows: q. It shall be unlawful for any person to drive or operate any tank truck or vehicle, empty, loaded or partially loaded with hazardous materials, including 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. r. It shall be unlawful for any person in making deliveries of hazardous materials, including [Class I or Class II] flammable liquids, within the City to drive or operate any vehicles loaded or partially loaded [therewith] over or upon any street or alley except on routes approved by the Chief of the Fire Department. A -3- routing map shall be filed with the Fire Department, subject to approval of the Chief of the Fire Department and the Traffic Engineer and shall include all retail stations on each side of the street handling or selling [Class I or Class II] hazardous material, including flammable liquids, to [the ultimate] any consumer. S. [Tank] Trucks making deliveries of [Class I or Class II] hazardous materials, including flammable liquids, within the City shall follow the approved routes as designated in subsection r. wherever possible. t. During loading and unloading operations, wherever possible, such [tank] trucks shall be off the street and not impeding other traffic. U. [Tank] Trucks are prohibited inside any building during delivery operations and all containers shall be filled outside buildings. V. When [tank] trucks are making deliveries to retailer stations of [Class I and II] hazardous materials, including flammable liquids, there shall be a liquid and vapor -tight [screw- tight] connection maintained between the [tank] truck and the tank or recepticle 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.] C 0MTnM A A public hearing to consider the adoption by reference of the Uniform Fire Code, 1988 Edition, shall be held in the Council Chambers, City Hall, Pueblo, Colorado, at 7:30 p.m. on September -4- 10 , 1990. The City Clerk is directed to publish notice of such hearing pursuant to Section 31 -16 -203 of the Colorado Revised Statutes. cFrmTnu r% Non - liability. The adoption of this ordinance and of the Uniform Fire 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 code. 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 Fire 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 code. Nothing in this ordinance or in said code 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, C.R.S. X24 -10 -101 et seq., or to waive any immunities or limitations on liability otherwise available to the City of Pueblo or the Pueblo Fire Department, or their officers, employees or agents. SECTION 6 If any part, section, subsection, sentence, clause or phrase of this ordinance or the adopted Uniform Fire 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 Uniform Fire Code. -5- SFr.TTnN 7 A certified true copy of the Uniform Fire Code, 1988 Edition, will be on file in the office of the City Clerk, City of Pueblo, at least fifteen (15) days preceding said hearing and may be inspected by any interested person during regular business hours. After adoption of the U.F.C. by reference, copies of the code shall be available for sale in the office of the Fire Department, 237 South Santa Fe Avenue, Pueblo, Colorado. gRrTTnM R This Ordinance shall become effective immediately upon final passage and approval. ATTEST: 4 iy L Cfe y- r : � k I NTRODUCED ALgLSi 1� R 1 990 BY DR. GIT,BFR'r G ARBTqQ Councilperson APPROVED: PrAsident - of the Counci -6-