HomeMy WebLinkAbout06127ORDINANCE NO. 6127
AN ORDINANCE AMENDING CHAPTER 2 OF TITLE III OF
THE 1971 CODE OF ORDINANCES RELATING TO THE FIRE
PREVENTION CODE, ADOPTING WITH MODIFICATIONS
THE UNIFORM FIRE CODE, 1994 EDITION, PUBLISHED BY
THE INTERNATIONAL FIRE CODE INSTITUTE, 9300
JOLLYVILLE ROAD, SUITE 105, AUSTIN, TEXAS, 78759,
PROVIDING PENALTIES FOR THE VIOLATION OF SAID
CHAPTER AND UNIFORM FIRE CODE, AND PROVIDING FOR
A PUBLIC HEARING IN RELATION THERETO
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate
matter being deleted; underscoring indicates new matter being added.)
SECTION 1
Section 3 -2 -21 of Chapter 2, Title III of the 1971 Code of Ordinances, as amended, is hereby
amended to read as follows:
3 -2 -21: UNIFORM FIRE CODE - ADOPTION BY REFERENCE
The Uniform Fire Code, [1988] 1994 Edition, includin the he AVpendices thereto,
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 906011 Fire Code
Institute, 9300 Jollyyille Road, Suite 105, Austin, Texas, 78759, hereinafter referred to as
the Uniform Fire Code (UFC), is hereby adopted and enacted by reference[.] as the fire
prevention code of the City of Pueblo; provided however, that the following_ portions or
provisions thereof are not hereby adopted: (a) the Preface, (h) the sample form of ordinance
adopting the UFC, (c) Appendix IV -B Christmas Trees, and (d) Appendix VI -C Model
Citation Program,
SECTION 2
Section 3 -2 -22 of Chapter 2, Title III of the 1971 Code of Ordinances, as amended, is hereby
amended to read as follows:
3 -2 -22: BUREAU OF FIRE PREVENTION; ESTABLISHMENT; SUPERVISOR
The Uniform Fire Code and this Article II shall be enforced by the Bureau of Fire
Prevention in the Fire Department of the City, which is hereby established and which shall
be operated under the supervision of the Chief of the Fire Department. The Chief of the Fire
Department may assign one assistant or depu1y chief as the head of the Bureau of Fire
Prevention, and such other members of the Fire Department as inspectors as from time to
time he shall [be] deem necessary. The Chief, the head of the Bureau of Fire Prevention and
such assigned inspectors shall be vested with the authority of a police officer with res ect
to the enforcement of this Article and the Uniform Fire Code, including the authority to
issue summons and complaint for violation thereof.
SECTION 3
Section 3 -2 -29 of Chapter 2, Title III of the 1971 Code of Ordinances, as amended, is hereby
amended to read as follows:
3 -2 -29: VEHICLES TRANSPORTING HAZARDOUS MATERIALS INCLUDING
FLAMMABLE LIQUIDS - INSPECTIONS; APPROVAL
Section [79.1204] 7904.6.3 of the Uniform Fire Code as adopted in this Chapter is
amended by the addition of the following subparagraphs:
[n] 7904.6.3.14 It shall be the duty of the owner of any vehicle used for the
delivery of 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 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 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] 7904.6.3.15 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 certificate for noncompliance with the provisions of this Chapter.
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[p.] 7904.6.3.16 The Chief of the Fire Department, or his duly authorized repre-
sentative, is authorized and empowered to inspect any vehicle, apparatus or equipment used
to transport 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.
SECTION 4
Section 3 -2 -30 of Chapter 2, Title III of the 1971 Code of Ordinances, as amended, is hereby
amended to read as follows:
3 -2 -30: SAME-- ROUTING; LOCAL DELIVERY
Section [79.1204] 7904.6.3 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.] 7904.6.3.17 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 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.] 7904.6.3.18 It shall be unlawful for any person in making deliveries of
hazardous materials, including flammable liquids, within the City to drive or operate any
vehicles loaded or partially loaded over or upon any street or alley except on routes
approved by the Chief of the Fire Department. A 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
hazardous material, including flammable liquids, to any consumer.
[s.] 7904.6.3.19 Trucks making deliveries of hazardous materials, including
flammable liquids, within the City shall follow the approved routes as designated in
subsection [r.] 7904.6.3.18 wherever possible.
[t.] 7904.6.3.20 During loading and unloading operations, wherever possible, such
trucks shall be off the street and not impeding other traffic.
[u.] 7904.6.3.21 Trucks are prohibited inside any building during delivery
operations and all containers shall be filled outside buildings.
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[v.] 7904.63.22 When trucks are making deliveries to retailer stations of hazardous
materials, including flammable liquids, there shall be a liquid and vapor -tight connection
maintained between the truck and the tank or receptacle being filled.
SECTION 5
Section 3 -2 -31 of Chapter 2, Title III of the 1971 Code of Ordinances, as amended, is hereby
amended to read as follows:
3 -2 -31: EXISTING BUILDINGS - EFFECTIVE DATE
Section [1(b)] 1.2 of Appendix I -A, of the Uniform Fire Code relating to the
effective date of regulations applicable to existing buildings[, Section 1(b)] is amended to
read as follows:
1_2 W Whenever an existing building or structure is repaired, renovated, or
remodeled by any means to an extent of more than twenty -five (25) percent of its
replacement cost at the time of repair, remodeling or renovation, it shall be repaired,
renovated or remodeled only in conformity with the provisions of this Code.
SECTION 6
Section 3 -2 -32 of Chapter 2, Title III of the 1971 Code of Ordinances, as amended, is hereby
amended to read as follows:
3 -2 -32: HIGH -RISE BUILDINGS - COMPLIANCE
[Section 2.1(e) of Appendix I -B of the Uniform Fire Code relating to life safety
requirements for existing high -rise buildings is amended by the addition of a new subsection
5 which shall read as follows:
5. Notwithstanding the time requirements imposed by this section subsections
ME
Notwithstanding anything
contained in 12aragral2h () above,
in the
event the use or occupancy
classification
of any existing buildi a or structure is
materially
changed to a use or
occupancy class for
which the Uniform Fire Code imposes
additional
or more restrictive requirements than it requires
for the former existing use or
occupancy,
then in such event
the building or structure
shall be required to comps
with the
requirements of the Uniform
Fire Code applicable
to such changed use or occupancy
class.
SECTION 6
Section 3 -2 -32 of Chapter 2, Title III of the 1971 Code of Ordinances, as amended, is hereby
amended to read as follows:
3 -2 -32: HIGH -RISE BUILDINGS - COMPLIANCE
[Section 2.1(e) of Appendix I -B of the Uniform Fire Code relating to life safety
requirements for existing high -rise buildings is amended by the addition of a new subsection
5 which shall read as follows:
5. Notwithstanding the time requirements imposed by this section subsections
ME
a, e, f and g shall be complied with whenever any existing high -rise building or structure
shall be repaired, renovated, or remodeled by more than fifteen percent (15 %) of its
replacement value.]
Section 3 of Appendix I -B of the Uniform Fire Code is amended to read as follows:
Section 3 - COMPLIANCE DATA AND DEADLINES
1. The City Council finds and declares: that the
of the Uniform Fire Code relating to life safety requirements
requirements of Appendix
for existing high -rise
I -B
buildings
have essentially
been part of the City's fire prevention code
since at least 1986
and that
owners of existing
high -rise buildings constructed prior to
1996 have not been required
to
bring such buildings into compliance except under limited
circumstances; that as
high -rise
buildings constructed
prior to 1986 further age, the
risk of fire increases;
that the
requirements
of Appendix I -B are necessary in order to
provide a reasonable degree
of
protection to persons
occupying high -rise buildings including
office buildings, senior
- citizen
housing and other
high -rise residential buildings; that in order to preserve and protect
human
life, high -rise
buildings constructed prior to 1986 should
be required to comply
with the
requirements of
Appendix I -B of the Uniform Fire Code except in cases of extreme
hardship
or where fundamentally
differing factors exist which may
justi y non - compliance;
that a
reasonable period should be established for all such buildings
to comps with Appendix I -B;
and that Annendix
I -B provides reasonable procedures for obtaining _such comma ce and
for avoiding undue hardship to owners
2. [After adoption of Appendix I -B,] Within 90 days of the date of adoption of
the Ordinance adopting the Uniform Fire Code, the chief shall duly notify the owners whose
buildings are subject to the provisions of Appendix I -B. Upon receipt of such notice, the
owner shall, subject to the following time limits, take necessary actions to comply with the
provisions of Appendix I -B.
3. Plans and specifications for the necessary alterations shall be filed with the
chief within [the time period established by the local jurisdiction] eighteen (18) months after
the date of owner notification. Work on the required alterations to the building shall
commence within [30] 36 months of the date of owner notification and such work shall be
completed within five years from the date of owner notification.
4 The Chief shall grant necessary extensions of time when it can be shown that
the specified time periods are not physically practical or pose an undue hardship. The
granting of an extension of time for compliance shall be based upon the showing of good
cause and subject to the filing of an acceptable systematic progressive plan of correction
with the Chief.
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SECTION 7
Section 3 -2 -33 of Chapter 2, Title III of the 1971 Code of Ordinances, as amended, is hereby
amended to read as follows:
Article 78 of the Uniform Fire Code relating to fireworks is hereby deleted from said
Code provided, however, that such deletion shall not prohibit or prevent the Chief of the
Fire Department from adopting any portion of Sections 7802 and 7803 thereof as part of the
rules and regulations governing fireworks display which the Chief is authorized to adopt
pursuant to Section 3 -2 -54 of this Chapter
SECTION 8
Sections 3 -2 -38, 3 -2 -50 through 3 -2 -53 inclusive and 3 -2 -56 through 3 -2 -57 inclusive of
Chapter 2, Title III of the 1971 Code of Ordinances, as amended, are hereby readopted.
SECTION 9
Section 3 -2 -54 of Chapter 2, Title III of the 1971 Code of Ordinances, as amended, is
amended to read as follows:
3 -2 -54: REGULATIONS AND PERMITS FOR DISPLAY
(a) The requirements of this Chapter shall be in addition to the regulations
contained in the Uniform Fire [Prevention] Code previously adopted by Section 3 -2 -21 of
these Ordinances. This Chapter shall govern should there be any inconsistency between the
Fire Code and this Chapter.
(b) The Chief of the Fire Department shall have the power to adopt reasonable
rules and regulations for the granting of permits for supervised public display of fireworks
at any item by fair associations, amusement parks, and other organizations or groups of
individuals. Such rules and regulations may provide minimum qualifications for persons
conducting and supervising a display as pyrotechnic operators Every such display shall be
handled by a qualified operator who shall be approved by the Chief of the Fire Department.
Every display shall be of such character and so located that in the opinion of the Chief of the
Fire Department such display shall not be hazardous to property or endanger any person.
(c) Any person wishing to conduct a fireworks display shall obtain a permit
M
therefor from the Chief of the Fire Department or his authorized representative. Application
for a permit shall be made in writing not less than fifteen days prior to the date of display.
Application shall be made upon a form adopted by the Fire Chief which shall: identify the
applicant; identify the operator who shall conduct and supervise the display; state the
qualifications and expertise of the operator; identify the premises where the display will be
conducted; and contain a signed written consent of the owner of said premises to the display
being conducted upon his proper A permit fee of twenty -five dollars shall accompany the
application and shall be collected by the City license officer in the Finance Department. No
permit granted hereunder shall be transferable.
(d) It shall be unlawful to store, house, or keep those items described in Section
3- 2- 51(1)(b) which are not considered fireworks in any building or structure unless such
building or structure is provided with a sprinkler system that is properly constructed and
maintained according to the Uniform Fire Code and the Uniform Building Code.
SECTION 10
Section 3 -2 -55 of Chapter 2, Title III of the 1971 Code of Ordinances, as amended, is
amended to read as follows:
3 -2-55: BONDS AND INSURANCE
(a) Any person selling those items not considered fireworks, in a temporary place
of business, or conducting -4 fireworks display, shall execute and file with the City License
Office [obtain] a license and performance bond [of] in the penal sum of one thousand dollars
($1,000.00) [to] namine the City of Pueblo as obligee and conditioned upon full compliance
with the provisions of this Chapter.
(b) Any person conducting a fireworks display shall in addition to a performance
bond also obtain a comprehensive general liability insurance policy to cover injury and
damage to persons and property caused as a result of the display. Said policy shall be in
amounts of [at least] not less than [three] six hundred thousand dollars ($[3]600,000.00) [for
each] per occurrence and aggregate [bodily injury and fifty thousand dollars ($50,000.00)
for each occurrence and aggregate for property damage] for both personal injury, including
bodily injury and death, and property damage
SECTION 11
Section 3 -2 -58 of Chapter 2, Title III of the 1971 Code of Ordinances, as amended, is
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amended to read as follows:
3 -2 -58: [VIOLATION; PENALTIES UNLAWFUL CONDUCT AND CRIMINAL
PENALTIES; REVOCATION OF PERMITS; OTHER ENFORCEMENT
[Any person who violates any provision of this Chapter and is found guilty therefor
shall be punished by revocation of all permits issued under the provisions of the Chapter if
a permit has been issued to such person, and by a fine of not more than three hundred
dollars, or by imprisonment for not more than ninety days, or by both such fine and
imprisonment. The punishment for any person found guilty of possession of fireworks with
intent to sell shall be a fine of not less than one hundred dollars in addition to any jail
sentence imposed. Upon the arrest of any permittee or his agent, all permits granted under
the provisions of this Chapter to the permittee shall be forthwith suspended until resolution
of any charges in Municipal Court.
In addition, any person, firm, or corporation violating any of the provisions of this
Chapter or the Uniform Fire Code as adopted and amended by the City, shall upon
conviction thereof be punished as provided in Section 1 -2 -1 of the 1971 Code of Ordinances
of the City of Pueblo.]
(_a) It shall be unlawful and a Class 1 Municipal Offense 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 Uniform Fire Code, and upon
conviction thereof, the punishment therefor shall be a fine of not more than Three Hundred
Dollars ($300) or imprisonment for not more than ninetv (90) days. or both such fine and
imprisonment.
W It shall be unlawful and a Class 1 Municipal Offense for any person to refuse
or fail to timely comply with any order issued by the Chief of the Fire Department, the head
of the Bureau of Fire Prevention or other designated fire inspector pursuant to the provisions
of this Chapter or the Uniform Fire Code, and upon conviction thereof, the punishment
therefor shall be a fine of not more than Three Hundred Dollars ($300) or imprisonment for
not more than ninety (90) days, or both such fine and imprisonment.
(_c)
It shall be unlawful and a Class
1 Municipal Offense 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 Chanter or the Uniform Fire
Code, and upon conviction thereof,
the
punishment
therefor shall be a fine of not more
than three hundred dollars ($300,
or
imprisonment for not more than nines (90) days,
or both such fine and imprisonment.
(d) Any permit issued pursuant to the provisions of this Chapter or the Uniform
Fire Code may be suspended, terminated or revoked by the Chief of the Fire Department for
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(l) any of the reasons stated in section 105.7 of the Uniform Fire Code or (2) any material
violation of the terms of said permit or requirements applicable thereto.
In addition, the Chief may immediately suspend any permit issued pursuant to
Section 3 -2 -53 of this Chapter upon the arrest of any permittee or any agent or employee of
such permittee for possession of fireworks with intent to sell or offer to sell same
fie,) In the event any owner or occupant of premises within the City shall refuse
entry to the Chief or any fire inspector, or if any premises are locked and the Chief or any
fire inspector has been unable to obtain permission of the owner or occupant to enter, the
Municipal Court is authorized to issue a search warrant authorizing suc� in accordance
with the procedures set forth in the Colorado Municipal Court Rules.
f The enforcement remedies set forth in this Section are hereby expressly
declared to be cumulative, and the exercise of any one or more of them is not dependant
upon the exercise of any other remedy, nor does the exercise of any one of more of them
constitute any bar or limitation to the exercise of any other.
SECTION 12
Section 3 -2 -59 of Chapter 2, Title III of the 1971 Code of Ordinances, as amended, is hereby
amended to read as follows:
3 -2 -59: BOARD OF APPEALS
Section [2.302] 103.1.4 of the Uniform Fire Code, as amended and adopted by the
City, is hereby amended to read as follows:
Any person aggrieved by any ruling, decision, interpretation, or order of the Fire
Chief, the Deput or Assistant Fire Chief[,] in charge of fire prevention, or Qf the Fire
Department, shall have the right to appeal to the Fire Board of Appeals, which is hereby
created. Such Board shall consist of five members who shall be residents of the City [are]
qualified by experience or training [to pass upon] in fire safety or related matters. The Fire
Chief shall be a nonvoting ex- officio member and shall act as secretary of the Board. The
Board of Appeals shall be appointed by resolution of the City Council for such terms and
upon such conditions as shall be set forth in such resolution. The Board members shall serve
at the pleasure of City Council. The Board shall adopt reasonable rules and regulations for
conducting its proceedings and shall render all decisions and findings in writing to the Fire
Chief, with a duplicate copy to the appellant, and may recommend to City Council such new
legislation as [deemed] the Board may deem necessary.
Any aggrieved person appealing any ruling, decision, interpretation or order shall file
a written appeal setting forth the grounds and reasons for such appeal with the Fire Chief
within ten (10) days from the date of such ruling, interpretation, order or decision which is
being appealed. If such notice is timely filed, the Board of Appeals shall set a time and
place for a hearing, and by first class mail postage prepaid, notify the party filing the appeal.
The date of the hearing shall be not more than [fifteen (15)] twenty 20 days after the filing
of the appeal. The hearing shall be open to the public and all interested persons shall be
heard. The Board of Appeals, by majority vote of the members present, shall affirm,
modify, or reverse any appealed ruling, interpretation, order or decision of the Fire Chief,
the Deputy or Assistant Fire Chief for fire prevention, or the Fire Department. The Board
of Appeals may permit a variance from the strict terms and provisions of this Chapter or the
Uniform Fire Code as adopted by the City if such variance can be made without increasing
the hazards to the health or safety of persons or property and if the granting of such variance
will not violate the intent and purposes of the fire code. Mere inconvenience to the appellant
shall not be grounds for the granting of a variance.
SECTION 13
A public hearing to consider the adoption of the Uniform Fire Code, 1994 Edition, with
modifications, shall be held in the Council Chambers, City Hall, 1 City Hall Place, Pueblo, Colorado
at 7:30 p.m. on October 15 1996. The City Clerk is directed to publish notice
of such hearing pursuant to Section 31 -16 -203 of the Colorado Revised Statutes.
SECTION 14
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
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of the immunities, limitations on liability, or other provisions of the Governmental Immunity Act,
C.R.S. §24 -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 15
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.
SECTION 16
The Council finds and declares that a certified true copy of the Uniform Fire Code, 1994
Edition, has 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 13 of this Ordinance, and shall remain in
said office for public inspection. After adoption of this Ordinance, a copy of the Uniform Fire Code
shall be kept in the office of the Fire Chief at 1551 Bonforte Boulevard, Pueblo, Colorado. Copies
of the Uniform Fire Code shall be available through the City Clerk for purchase by the public at a
moderate price.
SECTION 17
This Ordinance shall become effective 30 days after final passage and approval.
INTRODUCED: September 9, 1996
By Al Gurule
Councilperson
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ATTEST:
City Clerk
APPROVED:
Presid t of the City touncil
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