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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. -2- [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. -3- [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. -5- 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 -7- 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 10 (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 -10- 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 -11- ATTEST: City Clerk APPROVED: Presid t of the City touncil -12-