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:
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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
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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.
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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
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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
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10 , 1990. The City Clerk is directed to publish notice of
such hearing pursuant to Section 31 -16 -203 of the Colorado Revised
Statutes.
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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.
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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.
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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
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