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HomeMy WebLinkAbout06443ORDINANCE NO. 6443 AN ORDINANCE AMENDING CHAPTER 2 OF TITLE IV OF THE PUEBLO MUNICIPAL CODE RELATING TO BUILDING REGULATIONS AND SPECIFICALLY TO PROTECTION OF THE PUBLIC DURING CONSTRUCTION AND DEMOLITION ACTIVITIES BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate matter being deleted; underscoring indicates new matter.) 0 :10 9970ni Chapter 2 of Title IV of the Pueblo Municipal Code, as amended, is hereby amended by the addition of a new section 4 -2 -6 thereto, to read as follows: Sec. 4 -2 -6. Protection of the public during construction or demolition In order to fully implement Section 3303 of the U.B.C., the following additiona requirements shall be applicable to all construction or demolition activities adjacent to a publi way or which requires or involves any temporary occupancy of public property for fences walkways or other protective devices: (a) Prior to issuance of any building or demolition permit under the U.B.C., the applicant shall submit complete plans and specifications for the work, together with a routing form provided by the Building Official, to the Director of Public Works and to the Traffic Enginee for review. The Director and Traffic Engineer shall thereupon make a preliminary determination whether Section 3303 of the U.B.C. will require protection of pedestriansor any temporary use or closure of streets, alleys or sidewalks, . and shall notify the applicant and Building Official o such determination, which shall also be recorded upon the routing form. Thereafter, th Building Official shall condition the issuance of any permit upon compliance with the requirements of Section 3303 of the U.B.C. and this section (b) In the event that Section 3303 of the U.B.C., or the terms of any building o demolition permit issued under the U.B.C., at any time requires the erection of any temporary walkway, fence or other protective device upon any street, alley, sidewalk or other public way the permittee shall not erect same until a separate permit therefor shall have been first applied for and obtained from.the Director of Public Works, in 'the same manner and with the sam requirements applicable thereto, as applies for street or sidewalk excavations under Chapter 6 of Title XII of the Pueblo Municipal Code (c) In the event that Section 3303 of the U.B.C., the terms of any building o demolition permit, or public safety, as determined by the Traffic Engineer, requires the temporary closure of any street, alley or sidewalk, or any portion thereof, the permittee shall first make application therefor to the Traffic Engineer and shall comply with all requirements fo barricades, flagging, warning devices and detour signage reasonably required by the Traffic Engineer pursuant to Title XV of the Pueblo Municipal Code and the Model Traffic Code adopted therein. (d) Nothing in paragraph (a) of this section shall operate, nor shall it be construed, to bar, estop or otherwise limit or restrict the authority of the Director, the Traffic Enqineer or the Building Official to require, at any time, walkways, or other protective measures to b provided in connection with any construction or demolition, notwithstanding that same were no made a condition of any permit at the time of permit issuance SECTION 2 The adoption of this Ordinance shall not create any duty to any person, firm, corporation, or other entity with regard to the enforcement or nonenforcement of this Ordinance. 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. Nothing in this Ordinance 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, §24 -10 -101 et seq., C.R.S., 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 3 If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. SECTION 4 This Ordinance shall become effective thirty (30) days after final passage and approval. INTRODUCED June 14, 1999 BY Cathy A. Garcia }} Councilperson 1 APPROVED: " ,( /,- President of the Council ATTEST: i ."0 6 0 M.