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HomeMy WebLinkAbout07141ORDINANCE NO. 7141 AN ORDINANCE ENACTING CHAPTER 6 OF TITLE IV OF THE PUEBLO MUNICIPAL CODE AND ADOPTING BY REFERENCE THE 2003 INTERNATIONAL RESIDENTIAL CODE RELATING TO BUILDING REGULATIONS FOR ONE AND TWO FAMILY DWELLINGS AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate matter being deleted; underscoring indicates new matter being added.) SECTION 1. Chapter 6, Title IV of the Pueblo Municipal Code is hereby enacted to read as follows: Section 4 -6 -1: International Residential Code; adoption by reference. (a) The International Residential Code, 2003 edition, promulgated and published by the International Code Council. Inc., 5360 South Workman Mill Road, Whittier, California 90601 -2298, together with Appendix H, (Patio Covers), hereinafter collectively referred to as the "I. R.C." as amended by this Chapter, together with the minor code entitled, "International Energy Conservation Code" 2003 edition promulgated and published by the International Code Council. Inc., 5360 South Workman Mill Road, Whittier, California 90601 -2298 herein after referred to as the "I.E.C.C." are hereby adopted by reference, provided, however that the following portions of the I.R.C. are not adopted and are expressly deleted: Part V entitled "Mechanical Administration" Part VI entitled " Fuel Gas" Part VII entitled "Plumbing' Part VIII entitled "Electrical' All Appendices (except Appendix H — Patio Covers) (b) Copies of the I.R.C. and adopted Appendices are available in the office of the Pueblo Regional Building Department for distribution and sale to the public. The erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings and structures regulated by the International Residential Code within the City shall be in compliance with the terms and provisions of this Chapter and the I.R.C. and said Appendices. Section 4 -6 -2: Amendments. (a) Subsection R101.2 of the I.R.C. entitled "Scope" is amended by deleting the Exception. (b) Section R103 of the I.R.C. entitled "Department of Building Safety" is amended to read as follows: 103 Pueblo Regional Building Department - Enforcement Agency: Administration and enforcement of this Code and all related and secondary codes are hereby delegated to the Pueblo Regional Building Department. Wherever in this Code the phrase "building official" appears, it shall be construed to refer to the Building Official of the Pueblo Regional Building Department or the Building Official's designated representative. The building official, the building official's designated representative(s), and such building inspectors as the building official may appoint, shall be vested with the authority of a law enforcement officer with respect to enforcing Chapter 6 of Title IV of this Code and the Pueblo Municipal Code, including the authority to issue summons and complaints for the violation thereof. (c) Subsection R105.2 of the I.R.C. entitled "Work exempt from permit" number seven is amended to read as follows: 7. Prefabricated swimming pools accessory to a Group R -3 occupancy, which do not exceed 5,000 gallons (18,925 L) and are installed entirely above ground. (d) Section R105 of the I.R.C. entitled "Permits" is amended by the addition of Subsection R105.9 to read as follows: R105.9 A building permit shall be issued only to the contractor performing the work covered by the contract between the owner and the contractor. Such permit shall be delivered only to the contractor or the contractor's authorized representative(s). Should any portion of the work be excluded from the contract, the application or permit shall state the portions so excluded. Should the contractor be discharged or abandon the work, the contractor shall immediately notify the building official in writing. No further work shall be performed until a successor contractor has been selected who shall notify the building official in writing of the contractor's selection to complete the work. (e) Subsection R106.1 of the I.R.C. entitled "Submittal documents" is amended by the addition of the following paragraph: Plans and specifications will also be considered as the drawings, diagrams, calculations, computations, reports, specifications and other necessary data to complete the habitable structure, along with the necessary code study to compare and delineate the occupancy use and fire resistive type of construction within the I.R.C. Each set of plans and specifications shall bear the stamp or seal and signature of an engineer or architect licensed under Title 12 of Colorado Revised Statutes and in accordance with Sections 12- 25 -117 and 12 -4 -116, C.R.S., respectively. (f) Subsection R108.2 of the I.R.C. entitled "Schedule of permit fees" is amended the addition of two new subsections R108.2.1 and R108.2.2 to read as follows: R108.2.1 Permit Fees. The fee for each permit shall be as established in the fee schedule adopted by resolution of the City Council. R108.2.2 Plan Review Fees. Plan review fees shall be as established in the fee schedule adopted by resolution of the City Council. (g) Section R110 of the I.R.C. entitled "Certificate of Occupancy" is amended by the addition of a new Subsection R110.3.1 which shall read as follows: R110.3.1 Public Improvement Requirements for a Certificate of Occupancy. Applications for building permits for buildings or structures classified in occupancy Groups R -3 shall be accompanied by a set of plans or a drawing which shows all existing and proposed public improvements required by City ordinances. Such plans shall be prepared by and bear the seal and signature of an architect or engineer licensed to practice in Colorado. Before any building permit is issued, all applications for building permits and accompanying plans or drawings shall be reviewed by the Director of Public Works to determine whether the proposed construction will require the installation or reconstruction of public improvements. For purposes of this Section, public improvements shall include, but not be limited to, street paving, curbs, gutters, sidewalks, handicap ramps, drainage facilities and the dedication of land for such purposes. Upon request, the Director of Public Works shall provide a written statement of the public improvements that will be required as a condition to issue a building permit and a certificate of occupancy. No certificate of occupancy shall be issued for any building or structure until all public improvements required by City ordinances shall be constructed in full compliance with applicable City engineering regulations, design standards and construction specifications as adopted by resolution of the City Council. Acceptance of required public improvements shall be completed upon written notification signed by the Director of Public Works. If it is determined by the Director of Public Works that public improvements are necessitated by the proposed construction, conditions shall be inserted in any building permit to be issued for such proposed construction. Such conditions may require the dedication to the City of land to install such improvements. The applicant for such building permits, if not the owner, shall notify the owner of the requirements to dedicate to the City such public improvements. The cost of any such improvements shall be borne by the owner, and the construction shall be subject to the provisions of all applicable City ordinances, resolutions, regulations and policies. Failure to comply with the provisions for public improvements required by this Section shall be deemed a violation of the International Residential Code and shall constitute grounds for applicable penalties as provided in Titles IV and IX of the Pueblo Municipal Code and for revocation of any issued certificate of occupancy or temporary certificate of occupancy. (h) Subsection R113.4 of the I.R.C. entitled "Violation penalties" is amended to read as follows: R113.4 Penalties. Any person, firm or corporation violating any of the provisions of this Code, upon conviction thereof, shall be punished as provided in Section 4 -6 -9 of the Pueblo Municipal Code. Imposing any such penalty shall not prevent the enforced removal of prohibited conditions. (i) Table R301.20) of the I.R.C. entitled "Climatic and Geographic Design Criteria" is amended to read as follows: Q) Subsection R305.1 of the I.R.C. entitled "Minimum Height" exception number one (1) is amended to read as follows: TABLE R301.20) CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA Beams, girders, ducts, or other obstructions spaced no fewer than 4 feet (1219 mm) on center may project not more than 6 inches (152 mm) below the required ceiling height. Section 4 -6 -3: Amendments to minor code. Subsection 101.2 entitled "Scope" of the I.E.C.C. is amended by deleting the exception. Sec. 4 -6 -4: Responsibility for damages; liability of City. The provisions of this Chapter and the I.R.C. shall neither release nor discharge any person from any liability imposed by law for any injury to persons or damage to property caused by or resulting from the performance or failure to perform work or furnishing materials covered by this Chapter or the I.R.C. Neither the City, the Regional Building Department, nor any of their agents or employees will be held liable for any injury to persons or damage to property by reason of an inspection or failure to perform any inspection authorized or required by this Chapter or the I.R.C. or arising from the issuance or failure to issue any certificate of occupancy as herein provided. Section 4 -6 -5: Interpretation. Whenever in the International Residential Code as adopted by this Chapter or in any secondary code adopted thereunder or by this Chapter, it is provided that anything must be done to the approval of or subject to the direction of the Building Official or any other officer of the City or the Regional Building Department, this requirement shall be construed to give such official only the discretion to determine whether the requirements and standards established by the International Residential Code and all secondary codes adopted thereunder or by this Chapter have been complied with. No such provision shall be construed to give any official discretionary powers as to what such regulations or standards shall be, or power to require conditions not prescribed by such Code or Codes, or to enforce the provisions of such Code or Codes in an arbitrary or discriminatory manner. Section 4 -6 -6: Offenses; criminal penalties; permit revocation; and other enforcement provisions. (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 International Residential Code, and upon conviction thereof, the punishment therefor shall be a fine of not more than three hundred dollars ($300.00) per day or imprisonment for not more than ninety (90) days, or both such fine and imprisonment. (b) 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 Building Official of the Pueblo Regional Building Department or other designated building inspector pursuant to the provisions of this Chapter or the International Residential Code, and upon conviction SUBJECT TO DAMAGE FROM ICE SHIELD GROUND WIND SEISMIC UNDER- AIR MEAN SNOW SPEED DESIGN LAYMENT FLOOD FREEZING ANNUAL LOAD (MPH) CATEGORY WEATHERING FROST TERMITE DECAY WINTER REQUIRED HAZARDS INDEX TEMP 20 90 1 B SEVER 26" NONE 0 NO 1981 1 500 52.3 Beams, girders, ducts, or other obstructions spaced no fewer than 4 feet (1219 mm) on center may project not more than 6 inches (152 mm) below the required ceiling height. Section 4 -6 -3: Amendments to minor code. Subsection 101.2 entitled "Scope" of the I.E.C.C. is amended by deleting the exception. Sec. 4 -6 -4: Responsibility for damages; liability of City. The provisions of this Chapter and the I.R.C. shall neither release nor discharge any person from any liability imposed by law for any injury to persons or damage to property caused by or resulting from the performance or failure to perform work or furnishing materials covered by this Chapter or the I.R.C. Neither the City, the Regional Building Department, nor any of their agents or employees will be held liable for any injury to persons or damage to property by reason of an inspection or failure to perform any inspection authorized or required by this Chapter or the I.R.C. or arising from the issuance or failure to issue any certificate of occupancy as herein provided. Section 4 -6 -5: Interpretation. Whenever in the International Residential Code as adopted by this Chapter or in any secondary code adopted thereunder or by this Chapter, it is provided that anything must be done to the approval of or subject to the direction of the Building Official or any other officer of the City or the Regional Building Department, this requirement shall be construed to give such official only the discretion to determine whether the requirements and standards established by the International Residential Code and all secondary codes adopted thereunder or by this Chapter have been complied with. No such provision shall be construed to give any official discretionary powers as to what such regulations or standards shall be, or power to require conditions not prescribed by such Code or Codes, or to enforce the provisions of such Code or Codes in an arbitrary or discriminatory manner. Section 4 -6 -6: Offenses; criminal penalties; permit revocation; and other enforcement provisions. (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 International Residential Code, and upon conviction thereof, the punishment therefor shall be a fine of not more than three hundred dollars ($300.00) per day or imprisonment for not more than ninety (90) days, or both such fine and imprisonment. (b) 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 Building Official of the Pueblo Regional Building Department or other designated building inspector pursuant to the provisions of this Chapter or the International Residential Code, and upon conviction thereof, the punishment therefor shall be a fine of not more than three hundred dollars ($300.00) per day 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 Chapter or the International Residential Code, and upon conviction thereof, the punishment therefor shall be a fine of not more than three hundred dollars ($300.00) for each violation, or imprisonment for not more than ninety (90) days or both such fine and imprisonment. (d) Any permit issued pursuant to the provisions of this Chapter or the International Residential Code may be suspended, terminated or revoked by the Building Official for (1) any false statement contained in any of the documents required by Subsection R105.6 of the International Residential Code or (2) any material violation of the terms of said permit or requirements applicable thereof. (e) In the event any owner or occupant of premises within the City shall refuse entry to the Building Official or any building inspector, or if any premises are locked and the Building Official or any building inspector has been unable to obtain permission of the owner or occupant to enter, the Municipal Court is hereby authorized to issue a search or inspection warrant authorizing such entry in accordance with the procedures set forth in the Colorado Municipal Court Rules. (f) In the event any owner or occupant of premises within the City, any licensed contractor or any permittee shall fail or refuse to comply with any provision of this Chapter, the I.R.C. or any license or permit issued thereunder, the City may initiate an action for injunctive relief in any court of competent jurisdiction to compel compliance with said Chapter, I.R.C., license or permit. (g) The enforcement remedies in this Section are expressly declared to be cumulative, and the exercise of any one (1) or more of them is not dependent upon the exercise of any other remedy, nor does the exercise of any one (1) or more of them constitute anv bar or limitation to the exercise of anv other. SECTION 2. A public hearing to consider the adoption of the 2003 International Residential Code with modifications shall be held in the Council Chambers, City Hall, 1 City Hall Place, Pueblo, Colorado at 7:00 p.m., or as soon thereafter as permitted by the business of the City Council, in City Council Chambers on May 10, 2004. The City Clerk is directed to publish notice of such hearing pursuant to Section 31 -16 -203 of the Colorado Revised Statutes. SECTION 3_ The adoption of this Ordinance and of the 2003 International Residential 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 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 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. 24-10-101 et seq., 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 4. If any part, section, subsection, sentence, clause or phrase of this Ordinance or the adopted 2003 International Residential 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 2003 International Residential Code. SECTION 5. The City Council finds and declares that a certified true copy of the 2003 International Residential Code has been on file in the office of the City Clerk of the City of Pueblo for no fewer than 15 days preceding the public hearing referred to in Section 2 of this Ordinance, and shall remain in said office for public inspection. After adoption of this Ordinance, a copy of the 2003 International Residential Code shall be kept in the office of the Building Official at the Pueblo Regional Building Department, 316 15th St. W., Pueblo Colorado. Copies of the 2003 International Residential Code shall be available through the Regional Building Department for purchase by the public at a moderate price. SECTION 6. This Ordinance shall be come effective 30 days after final passage and approval. INTRODUCED April 12, 2004 BY Michael Occhiato Councilperson APPROVED: P~OUNCItL ATTESTED BY: ~ PASSED AND APPROVED May 10, 2004