HomeMy WebLinkAbout07354ORDINANCE NO. 7354
AN ORDINANCE AMENDING CHAPTER 2 OF TITLE III OF THE PUEBLO MUNICIPAL CODE
RELATING TO THE FIRE PREVENTION CODE, ADOPTING WITH MODIFICATIONS THE 2003
INTERNATIONAL FIRE CODE PUBLISHED BYTHE INTERNATIONAL CODE COUNCIL, INC., 5203
LEESBURG PIKE, SUITE 600, FALLS CHURCH, VIRGINIA, 22041, PROVIDING PENALTIES FOR
THE VIOLATION OF SAID CHAPTER AND 2003 INTERNATIONAL 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 Pueblo Municipal Code, as amended, is hereby
amended to read as follows:
Sec. 3 -2 -21. [Uniform] International Fire Code; adoption by reference.
The [Uniform Fire Code, 1997 edition] 2003 International Fire Code including the
appendices thereto, promulgated and published by the International [Fire] Code [Institute]
Council, Inc. [5360 Workman Mill Road, Whittier, California, 90601 -2298] 5203 Leesburg Pike,
Suite 600, Falls Church, Virginia, 22041, www.iccsafe.org hereinafter referred to as the
[Uniform] International Fire Code [(UFC)] I( FC) is hereby adopted and enacted by reference as
the fire prevention code of the City; provided, however, that the following portions or provisions
thereof are not hereby adopted: (a) the Preface, (b) the sample form of ordinance adopting the
[UFC] IFC, [(c) Appendix IV -B Christmas Trees, and (d) Appendix VI -D, Model Citation
Program.] and (c) Appendix A, Board of Appeals.
SECTION 2
Section 3 -2 -22 of Chapter 2, Title III of the Pueblo Municipal Code, as amended, is hereby
amended to read as follows:
Sec. 3 -2 -22. [Bureau] Division of Fire Prevention; establishment; supervisor.
The [Uniform] International Fire Code and this Article 11 shall be enforced by the [Bureau]
Division 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 (1) assistant or deputy chief as the head of the [Bureau]
Division of Fire Prevention, and such other members of the Fire Department as inspectors as
from time to time he or she shall deem necessary. The Chief, the head of the [Bureau] Division
of Fire Prevention and such assigned inspectors shall be vested with the authority of a police
officer with respect to the enforcement of this Article and the [Uniform] International Fire Code,
including the authority to issue a summons and complaint for violation thereof.
SECTION 3
Section 3 -2 -23 of Chapter 2, Title III of the Pueblo Municipal Code, as amended, is hereby
amended to read as follows:
Sec. 3 -2 -23. Dual coverage; most restricted governs.
If any section or sections contained in the [Uniform] International Fire Code are also
covered by a section or sections of the [Uniform] International Building Code, as the same may
be now or hereafter altered, amended or adopted, the most restrictive provision or that imposing
the highest standard shall govern.
SECTION 4
Chapter 2 of Title III of the Pueblo Municipal Code, as amended, is amended by the addition of a
new section 3 -2 -24 thereof to read as follows:
Sec. 3 -2 -24. References to other codes
(a) Whenever any provision of the International Fire Code contains a reference to the
"International Electrical Code" or the "ICC Electrical Code," the reference shall be taken to mean
the National Electrical Code, 2002 Edition, as adopted and amended by Chapter 3 of Title IV of
the Pueblo Municipal Code.
Whenever any provision of the International Fire Code contains a reference to the
"International Plumbing Code" or the "ICC Plumbing Code." the reference shall be taken to mean
the Uniform Plumbing Code, 2003 Edition, as adopted and amended by Chapter 4 of Title IV of
the Pueblo Municipal Code.
(c) Whenever any provision of the International Fire Code contains a reference to the
"International Mechanical Code" or the "ICC Mechanical Code," the reference shall be taken to
mean the Uniform Mechanical Code, 2003 Edition, as adopted and amended by Chapter 5 of
Title IV of the Pueblo Municipal Code.
SECTION 5
Section 3 -2 -29 of Chapter 2 of Title III of the Pueblo Municipal Code, as amended, is amended to
read as follows:
Sec. 3 -2 -29. Vehicles transporting hazardous materials including flammable liquids;
inspections; approval.
[Section 7904.6.3 of the Uniform] Chapter 27 of the International Fire Code, as adopted
[in] by this Chapter, is amended by the addition of the following [subparagraphs] new section
2706 to read as follows
Section 2706. Transport of hazardous materials.
[7904.6.3.14] 2706.1 It shall be the duty of the owner of any vehicle used forthe
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] International 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.
[7904.6.3.15] 2706.2 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.
[7904.6.3.16] 2706.3 The Chief of the Fire Department, or his duly authorized
representative, 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] International
Fire Code.
SECTION 6
Section 3 -2 -30 of Chapter 2 of Title III of the Pueblo Municipal Code, as amended, is amended to
read as follows:
Sec. 3 -2 -30. Routing; local delivery.
[Section 7904.6.3] Chapter 27 of the [Uniform] International Fire Code, as adopted [in] by
this Chapter, is amended by the addition of the following [subparagraphs] new section 2708 to
read as follows:
Section 2708. Designated routes for hazardous materials.
[7904.6.3.17] 2708.1 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.
[7904.6.3.18] 2708.2 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.
[7904.6.3.19] 2708.3 Trucks making deliveries of hazardous materials, including
flammable liquids, within the City shall follow the approved routes as designated in
subsection [7904.6.3.18] 2708.2 wherever possible.
[7904.6.3.20] 2708.4 During loading and unloading operations, wherever
possible, such trucks shall be off the street and not impeding other traffic.
[7904.6.3.21] 2708.5 Trucks are prohibited inside any building during delivery
operations and all containers shall be filled outside buildings.
[7904.6.3.22] 2708.6 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 7
Section 3 -2 -31 of Chapter 2 of Title III of the Pueblo Municipal Code, as amended, is amended to
read as follows:
Sec. 3 -2 -31. Existing buildings; effective date.
[Section 1.2 of Appendix I -A of the Uniform] Section 102.1 of the International Fire Code
relating to the [effective date] applicability of [regulations applicable] construction and design
provisions to existing buildings is amended to read as follows:
[1.2 Effective Date]
102.1 Construction and design provisions. The construction and design
provisions of this code shall apply to:
1. Structures, facilities and conditions arising after the adoption of this code.
2. Existing structures, facilities and conditions not legally in existence at the
time of adoption of this code.
3. Existing structures, facilities and conditions when identified in specific
sections of this code.
4. Existing structures, facilities and conditions which, in the opinion of the
code official, constitute a distinct hazard to life or property.
5. In addition to the foregoing:
(a) Whenever an existing building or structure is repaired, renovated
or remodeled by any means to an extent of more than twenty -five percent (25 %)
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.
(b) Notwithstanding anything contained in subparagraph (a) above, in
the event the use or occupancy classification of any existing building or structure
is materially changed to a use or occupancy class for which the [Uniform]
International 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 comply with the requirements of the [Uniform]
International Fire Code applicable to such changed use or occupancy class.
SECTION 8
Section 3 -2 -32 of Chapter 2 of Title III of the Pueblo Municipal Code, as amended, is amended to
read as follows:
Sec. 3 -2 -32. High -rise buildings; compliance.
[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 requirements of [Appendix I -B of]
the [Uniform] International Fire Code relating to life safety requirements for existing high -
rise buildings have essentially been part of the City's fire prevention code since at least
1986 and that under the fire prevention code of the City prior to adoption of the ordinance
adopting this section, such existing buildings had been required to fully comply with all
life safety requirements of the fire prevention code by not later than October 13, 2003.
Consequently, all life safety provisions contained in the International Fire Code which are
applicable to new high -rise buildings shall be and are declared fully applicable to all high -
rise buildings existing within the City on the effective date of the ordinance adopting this
section. 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 justify
noncompliance; that a reasonable period should be established for all such buildings to
comply with Appendix I -B; and that Appendix I -B provides reasonable procedures for
obtaining such compliance and for avoiding undue hardship to owners.
2. Within ninety (90) days after October 15, 1996 (the date of adoption of
Ordinance No. 6127), 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 eighteen (18) months after the date of owner notification. Work on the
required alterations to the building shall commence within thirty -six (36) months of the
date of owner notification and such work shall be completed within five (5) 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.]
SECTION 9
Section 3 -2 -33 of Chapter 2 of Title III of the Pueblo Municipal Code, as amended, is amended to
read as follows:
Sec. 3 -2 -33. [Uniform] International Fire Code; fireworks.
[Article 78 of the Uniform Fire Code, "Fireworks and Pyrotechnic Special Effects
Material," 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.] The introductory paragraph of
Section 3301.1 of Chapter 33 of the International Fire Code is amended to read as follows:
3301.1 Scope. The provisions of this chapter shall govern the possession, manufacture,
storage, handling, sale and use of explosives, explosive materials, fireworks and shall
arms ammunition. The provisions, require -ments and prohibitions set forth in sections 3-
2-51 through 3 -2 -57 of the Pueblo Municipal Code shall be in addition to, and not in
substitution of, provisions set forth in this Chapter. In the event of any direct conflict
between such sections of the Pueblo Municipal Code and this Chapter 33, the most
restrictive requirement shall apply.
(The remainder of section 3301.1 is unchanged.)
SECTION 10
Section 3 -2 -58 of Chapter 2 of Title III of the Pueblo Municipal Code, as amended, is amended to
read as follows:
Sec. 3 -2 -58. Unlawful conduct and criminal penalties; revocation of permits; other
enforcement.
(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] International Fire Code, and upon conviction thereof,
the punishment therefor shall be a fine of not more than three hundred dollars ($300.00) 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 Chief of the Fire Department, the head of the
[Bureau] Division of Fire Prevention or other designated fire inspector pursuant to the provisions
of this Chapter or the [Uniform] International Fire Code, and upon conviction thereof, the
punishment therefor shall be a fine of not more than three hundred dollars ($300.00) 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 [Uniform] International Fire Code, and upon conviction thereof, the punishment therefor shall
be a fine of not more than three hundred dollars ($300.00) 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 [Uniform]
International Fire Code may be suspended, terminated or revoked by the Chief of the Fire
Department for:
(1) any of the reasons stated in Section [105.7] 105.5 of the [Uniform]
International 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.
(e) 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 such entry in accordance with the procedures
set forth in the Colorado Municipal Court Rules.
(f) In the event that any owner or occupant of premises within the City, or any
licensee or permittee, shall fail or refuse to comply with any provision of this Chapter, the
[Uniform] International Fire Code 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, [Uniform] International Fire Code, license or permit.
(g) The enforcement remedies set forth in this Section and in Section 109 of the
International Fire Code are hereby 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 any bar or limitation to the exercise of any
other.
Subsection 109.3 of the International Fire Code is amended to read as follows:
[109.3 Violation penalties. Persons who shall violate a provision of this code or
shall fail to comply with any of the requirements thereof or who shall erect, install, alter,
repair or do work in violation of the approved construction documents or directive of the
fire code official, or of a permit or certificate used under the provisions of this code, shall
be guilty of a [SPECIFY OFFENSE], punishable by a fine of not more than [AMOUNT] dollars
or by imprisonment not exceeding [NUMBER OF DAYS], or both such fine and
imprisonment. Each day that a violation continues after due notice has been served shall
be deemed a separate offense.
109.3.1 Abatement of violations. In addition to the imposition of the penalties
herein described, the fire code official is authorized to institute appropriate action to
prevent unlawful construction or to restrain, correct or abate a violation; or to prevent
illegal occupancy of a structure of premises; or to stop an illegal act, conduct of business
or occupancy of a structure on or about any premises.]
109.3 Violations; abatement. The provisions set forth in Section 3- 2 -58(a)
through (g) of the Pueblo Municipal Code shall govern with respect to remedies and
penalties for violations of, or non - compliance with, this code.
SECTION 11
Chapter 2 of Title I I I of the Pueblo Municipal Code is amended by the addition of a new section 3-
2-60 thereof. to read as follows:
Sec. 3 -2 -60. Additional Modifications to International Fire Code.
The following sections or subsections of the International Fire Code and Appendices
thereto, as adopted by this Chapter, are amended as follows:
(a) The definition of "Fire Apparatus Access Road" in Section 502.1 is amended to
read as follows:
FIRE APPARATUS ACCESS ROAD. A road on private property that
provides fire apparatus access from a [fire station] public way to a facility, building
or portion thereof. This is a general term inclusive of all other terms such as fire
lane, [public street,] private street, parking lot lane and access roadway.
The definition of "Public Way" in Section 1002.1 Definitions is amended to read
as follows:
Public Way. A street, alley or other parcel of land [open to the outside air
leading to a street,] that has been lap tted deeded, dedicated or otherwise
permanently appropriated to the public for public use or a private roadway subject
to a public ingress, egress or access easement [ and which has a clear width and
height of not less than 10 feet (3048 mm)].
(c) Section 1002.1 Definitions is amended by the addition of a new definition for
"Emergency Vehicle Access" to read as follows:
EMERGENCY VEHICLE ACCESS. A continuous and unobstructed
paved way of ingress and egress from a public way to a development specifically
intended for the use of emergency service vehicles and not the general public.
Subsection D102.1 of Appendix D is amended to read:
D102.1 Access and loading. Facilities, buildings or portions of buildings
hereafter constructed shall be accessible to fire department apparatus byway ofa
public way or an approved fire apparatus access road with an asphalt, concrete or
other approved driving surface [capable of supporting the imposed load of fire
apparatus weighing at least 75,000 pounds (34 050 kg).] which shall complywith
the most recent Roadway Classification Design Standards and Policies adopted
by City Council Resolution 10264 pursuant to the authority of Section 12 -4 -7 of
the Pueblo Municipal Code, as amended.
(e) Subsection D103.1 of Appendix D is amended to read as follows
D103.1 Fire Apparatus access roads [width with a hydrant].
Fire apparatus access roads shall be designed and constructed in
accordance with this Appendix D and all other aDDlicable reauirements of the
International Fire Code. Where a fire hydrant is located on a fire apparatus
access road, the minimum road width shall be 26 feet (7925 mm). See Figure
D103.1.
(�f Paragraph 1 of subsection D103.5 of Appendix D is amended to read as follows:
1. The minimum gate width shall be [20 feet 16096 mm)] as determined by
the Fire Chief.
& Figure D103.1 of Appendix D is amended by the deletion of the 70' diameter cul-
de -sac so as to appear as follows:
26'
2B R 1
. Y , D , 28' s=
TYP,
26'
26 '
t +
20' --
— 20'
!
MINIMUM CLEARANCE
AROUND A FIRE
HYDRANT
TYP'
70'..
20' —...
6O' HAMMERHEAD 120' HAMMERHEAD
ACCEPTABLE ALTES2h3ATIVE
TO 120" HAMMERHEAD
1 fiouL iii4,; !nrnt
FIGURE D103A
DEAD —END FIRE APPARATUS ACCESS ROAD TURNAROUND
End of Figure D103.1
A new subsection D103.7 is hereby added to Appendix D to read as follows:
D103.7 Public Roadways. All public roadways shall be designed and
constructed in accordance with the Roadway Classification Design Standards and
Policies adopted by Resolution No. 10264 and the Standard Construction Specifications
and Standard Details adopted by Resolution No. 10129.
Subsections D104.2 and D104.3 of Appendix D are amended to read as follows:
D104.2 Buildings or facilities or aggregate development exceeding 62,000
square feet in area[.] or generating more than 2,000 vehicle trips per day. Buildings
or facilities or aggregate development having a gross building area of more than 62,000
square feet (5,760 m or generating more than 2,000 vehicle trips per day shall be
provided with two separate and approved fire apparatus access roads within the site and
shall provide unimpeded access from two separate directions via public roadways.
D104.3 Remoteness. Where two fire apparatus access roads are required, they
shall be placed a distance apart equal to not less than one half of the length of the
maximum overall diagonal dimension of the property or area to be served, measured in a
straight line between accesses.
fD Subsection D106.1 of Appendix D is amended to read as follows:
D106.1 Multiple - family residential [P]projects having more than 100
dwelling units[.] or generating more than 600 vehicle trips per day. Multiple - family
residential projects having more than 100 dwelling units or generating more than 600
vehicle trips per day shall be equipped throughout with two separate and approved fire
J
26' R
28' C
�! 28' H
TYp'
TYP.'
Typ,
I
I
26 '�
96' DIAMETER
0' DIAMETER
ACCEPTABLE ALTERNATIVE
CUL -DE -SAC
UL- DE. —S.AC
TO 120' HAMMERHEAD
26'
2B R 1
. Y , D , 28' s=
TYP,
26'
26 '
t +
20' --
— 20'
!
MINIMUM CLEARANCE
AROUND A FIRE
HYDRANT
TYP'
70'..
20' —...
6O' HAMMERHEAD 120' HAMMERHEAD
ACCEPTABLE ALTES2h3ATIVE
TO 120" HAMMERHEAD
1 fiouL iii4,; !nrnt
FIGURE D103A
DEAD —END FIRE APPARATUS ACCESS ROAD TURNAROUND
End of Figure D103.1
A new subsection D103.7 is hereby added to Appendix D to read as follows:
D103.7 Public Roadways. All public roadways shall be designed and
constructed in accordance with the Roadway Classification Design Standards and
Policies adopted by Resolution No. 10264 and the Standard Construction Specifications
and Standard Details adopted by Resolution No. 10129.
Subsections D104.2 and D104.3 of Appendix D are amended to read as follows:
D104.2 Buildings or facilities or aggregate development exceeding 62,000
square feet in area[.] or generating more than 2,000 vehicle trips per day. Buildings
or facilities or aggregate development having a gross building area of more than 62,000
square feet (5,760 m or generating more than 2,000 vehicle trips per day shall be
provided with two separate and approved fire apparatus access roads within the site and
shall provide unimpeded access from two separate directions via public roadways.
D104.3 Remoteness. Where two fire apparatus access roads are required, they
shall be placed a distance apart equal to not less than one half of the length of the
maximum overall diagonal dimension of the property or area to be served, measured in a
straight line between accesses.
fD Subsection D106.1 of Appendix D is amended to read as follows:
D106.1 Multiple - family residential [P]projects having more than 100
dwelling units[.] or generating more than 600 vehicle trips per day. Multiple - family
residential projects having more than 100 dwelling units or generating more than 600
vehicle trips per day shall be equipped throughout with two separate and approved fire
apparatus access roads [.] and shall provide unimpeded access from two separate
directions via public roadways.
Subsection D107.1 of Appendix D is amended to read as follows:
D107.1 One- or two - family dwelling residential developments.
Developments of one- or two - family dwellings where the number of dwelling units
exceeds [30] 60 or the development generates more than 600 vehicle trips per day shall
[be] provide[d] unimpeded access from two separate directions via public roadways.
separate and approved fire apparatus access roads, and shall meet the requirements of
Section D104.3.]
Exceptions:
Where there are [30 or fewer] between 60 and 100 dwelling units
on a single public or private access way and all dwelling units are
protected by approved residential sprinkler systems, public
access from two directions shall not be required however, a
secondary emergency vehicle access shall be required.
2. [The number of dwelling units on a single fire apparatus access
road shall not be increased unless fire apparatus access roads will
connect with future development, as determined by the fire code
official.] Planned, sequential developments that will connect with
future public roadway networks of the City shall be allowed to
construct up to 200 dwelling units or generate up to 2,000 vehicle
trips without providing two separate fire apparatus access roads
or public roadways to the site.
SECTION 12
Section 3 -2 -59 of Chapter 2 of Title III of the Pueblo Municipal Code, as amended, is amended to
read as follows:
Sec. 3 -2 -59. Board of Appeals.
Section [103.1.4] 108 of the [Uniform] International Fire Code as amended and adopted
by the City is hereby deleted in its entirety and amended to read as follows:
Any person aggrieved by any ruling, decision, interpretation or order of the Fire Chief, the
Deputy or Assistant Fire Chief in charge of fire prevention, or 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 (5) members who shall be residents of the City qualified by experience or training 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 proceed -ings and shall render all decisions and findings in writing to
the Fire Chief, with a duplicate copy to the appellant, and may recommend to the City Council
such new legislation as 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 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] International Fire Code as adopted by the City in order to avoid
extreme hardship [if] provided such variance can be made without increasing the hazards to the
health or safety of persons or property and [if] further provided that 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
Sections 3 -2 -38, 3 -2 -50 through 3 -2 -53 inclusive, and 3 -2 -54 through 3 -2 -57 inclusive, of Chapter
2, Title III of the Pueblo Municipal Code, as amended, are hereby readopted.
SECTION 14
A public hearing to consider the adoption of the 2003 International Fire Code, with modifications,
shall be held in the Council Chambers, City Hall, 1 City Hall Place, Pueblo, Colorado at 7:30 p.m. on
August 8 , 2005. The City Clerk is directed to publish notice of such hearing pursuant to Section 31 -16-
203 of the Colorado Revised Statutes.
SECTION 15
The adoption of this Ordinance and of the International 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, §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 Fire
Department, or their officers, employees or agents.
SECTION 16
If any part, section, subsection, sentence, clause or phrase of this Ordinance or the adopted
International 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 International Fire Code.
SECTION 17
The Council finds and declares that a certified true copy of the 2003 International Fire Code 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 14 of this Ordinance, and shall remain in said office for public
inspection. After adoption of this Ordinance, a copy of the International Fire Code shall be kept in the
office of the Fire Chief at 1551 Bonforte Boulevard, Pueblo, Colorado. Copies of the International Fire
Code shall be available through the City Clerk for purchase by the public at a moderate price.
SECTION 18
This Ordinance shall become effective upon final passage and approval.
APPROVED:
,�
PRES 9 F CITY t fF5
s
INTRODUCED July 11, 2005
BY Dr. Bill Sova
Councilperson
PASSED AND APPROVED August 8, 2005
Background Paper for Proposed
ORDINANCE
AGENDA ITEM #:X )� I
DATE: July 11, 2005
DEPARTMENT: FIRE DEPARTMENT -GREG MILLER
TITLE
AN ORDINANCE AMENDING CHAPTER 2 OF TITLE III OF THE PUEBLO
MUNICIPAL CODE RELATING TO THE FIRE PREVENTION CODE,
ADOPTING WITH MODIFICATIONS THE 2003 INTERNATIONAL FIRE CODE
PUBLISHED BY THE INTERNATIONAL CODE COUNCIL, INC., 5203
LEESBURG PIKE, SUITE 600, FALLS CHURCH, VIRGINIA, 22041,
PROVIDING PENALTIES FOR THE VIOLATION OF SAID CHAPTER AND 2003
INTERNATIONAL FIRE CODE, AND PROVIDING FOR A PUBLIC HEARING IN
RELATION THERETO.
ISSUE
Should the City of Pueblo adopt the 2003 International Fire Code as the
document enforced by the Pueblo Fire Department?
RECOMMENDATION
Approval of Ordinance
BACKGROUND
The Pueblo Regional Building Authority has adopted the 2003 International
Building Code as their enforcement code. The Pueblo Fire Department needs to
be in concert with them, utilizing the same code cycle and source. This will help
alleviate any conflicts during the "Plan Review" and "Enforcement Process ".
FINANCIAL IMPACT
None