Loading...
HomeMy WebLinkAbout08155ORDINANCE NO. 8155 AN ORDINANCE AMENDING CHAPTER 5 OF TITLE IV OF THE PUEBLO MUNICIPAL CODE RELATING TO MECHANICAL REGULATIONS AND ADOPTING THE 2009 INTERNATIONAL MECHANICAL CODE, PUB-LISHED BY THE INTERNATIONAL CODE COUNCIL, INC., 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. Section 1 of Chapter 5, Title IV of the Pueblo Municipal Code is hereby repealed in its entirety and re-enacted to read as follows: [ Sec. 4-5-1. Uniform Mechanical Code; adoption by reference. The Uniform Mechanical Code, 2003 edition, including all appendices, promulgated and published by the International Association of Plumbing and Mechanical Officials, 5001 E. Philadelphia St., Ontario, CA 91761-2861, referred to as the Uniform Mechanical Code or U.M.C., as amended by this Chapter, and subsequent U.M.C. supplements, is adopted and enacted by reference; provided, however, that the following portions of the U.M.C. are not adopted and are expressly deleted: Subsection 912.0 entitled Floor Furnace. Copies of this Code are available in the office of the Pueblo Regional Building Department for distribution and sale to the public. The regulation, design, control, construction, installation, quality of materials, location, operation, alteration, repair and maintenance of heating, ventilating, cooling, refrigeration systems, incinerators and other miscellaneous heat-producing appliances or parts thereof within the City shall be in compliance with the terms and provisions of this Chapter and the Uniform Mechanical Code, 2003 edition, except as same may be excluded from and specifically not covered by this Chapter and said ] Uniform Mechanical Code. 4-5-1. International Mechanical Code; adoption by reference. The International Mechanical Code, 2009 edition, including all appendices, promulgated and published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, IL, 60478, referred to as the International Mechanical Code or I.M.C., as amended by this Chapter, together with the minor code entitled, “International Fuel Gas Code” 2009 edition promulgated and published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL, 60478, hereinafter referred to as the “I.F.G.C.,” are collectively adopted by reference; provided however that the following sections of the I.M.C and I.F.G.C. are not adopted and are expressly deleted: Section 108 entitled “Violations” and Section 109 entitled “Means of Appeal”. Copies of these Codes are available in the office of the Pueblo Regional Building Department for distribution and sale to the public. The regulation, design, control, construction, installation, quality of materials, location, operation, alteration, repair and maintenance of heating, ventilating, cooling, refrigeration systems, incinerators and other miscellaneous heat-producing appliances or parts thereof within the City shall be in compliance with the terms and provisions of this Chapter and the International Mechanical Code, 2009 edition, except as same may be excluded from and specifically not covered by this Chapter and said International Mechanical Code. SECTION 2. Section 2 of Chapter 5, Title IV of the Pueblo Municipal Code is hereby repealed in its entirety and re-enacted to read as follows: [ Sec. 4-5-2. Amendments. (a) Section 108.1 General of the U.M.C. is amended to read as follows: "Administration and enforcement of this Code and all related codes are delegated to the Pueblo Regional Building Department. Wherever in this Code the phrase "Building Official" appears, it shall be constructed to refer to the Director of the Pueblo Regional Building Department or his or her duly authorized representative." (b) Section 108.2 Deputies of the U.M.C. is amended to read as follows: "108.2 Deputies: Whenever the term 'authorized representatives' appears, it shall be construed to refer to Regional Building Department Mechanical Inspectors." (c) Section 111.0 Violations of the U.M.C. is amended by the addition of the following subsection 111.2 "Penalties" to read as follows: "Sec. 111.2 Penalties. Any person, firm or corporation violating any of the provisions of this Code or said Chapter 5 shall upon conviction thereof be punished as provided in Section 4-5-3 of the Pueblo Municipal Code. The application of any such penalty shall not be held to prevent the enforced removal of prohibited conditions." (d) Section 115.2 Permit Fees of the U.M.C. is amended to read as follows: "Section 115.2 Permit Fees. Fees shall be as set forth in the fee schedule adopted by the City." (e) Section 115.3 Plan Review Fees of the U.M.C. is amended to read as follows: "Fees shall be as set forth in the fee schedule adopted by the City." (f) Section 912.0 Floor Furnaces of the U.M.C. is amended to read as follows: "All replacements of floor furnaces are prohibited in this jurisdiction." (g) Section 305.1 entitled Accessibility for Service of the U.M.C. is amended by the addition of the following paragraph to read as follows: "All access openings to underfloor furnaces shall be provided with a permanent ladder for equipment access. All underfloor furnaces shall be connected with approved listed metal appliance connectors." (h) Section 907.2 entitled Installation of the U.M.C. is amended by the addition of the following sentence to read as follows: "All 'gas logs' shall be equipped with a pilot. All 'gas log lighters' shall be equipped with an approved timer." (i) Section 701.1 General of the U.M.C. is amended by the addition of the following sentence to read as follows: "Fresh air shall be provided to all new heating systems a minimum of twenty-eight (28) square inches." (j) Section 504.3.2.2 entitled Length Limitation of the U.M.C. is amended to read as follows: "Unless otherwise permitted or required by the dryer manufacturer's installation instructions and approved by the building official, domestic dryer moisture exhaust ducts shall not exceed a total combined horizontal and vertical length of thirty (30) feet, including three (3) 90-degree elbows. Two (2) feet shall be deducted for each 90-degree elbow in excess of three (3)." (k) Section 801.1 Venting Systems Required of the U.M.C. is amended by the addition of the following paragraph:"Category I appliance venting systems designed and installed to comply with the manufacturer's listing and the GAMA (Gas Appliance Manufacturer's Association) Venting Tables shall be identified on the appliance with a locally prepared label provided by the installer. The label shall state that the installation complies with the GAMA venting requirements and have the address of the installation, firm's name, telephone number and signature of the firm's examinee displayed thereon. This label shall be affixed prior to final inspection." (l) Table 13-7 of the U.M.C. is amended by a note as follows: "NOTE: BTU and specific gravity values. Pueblo's elevation is 4,700 - A.B.P. is 12.40 Average BTU 840 per cubic foot of natural gas. Average BTU per cubic foot of LP gas is 2400." (m) Section 1311.1.1 Clearances of the Uniform Mechanical Code" is amended by the addition of the following paragraph: "All gas piping located below grade shall maintain a minimum 12" horizontal separation from other services or utilities." (n) Section 904.10.3 Access to Equipment on Roofs of the U.M.C. is repealed in its entirety and reenacted to read as follows: "Equipment may be accessed by a portable ladder in an R-3 and R-4 occupancy. A platform shall not be required for equipment located on the roof of such occupancy unless the roof slope is greater than 6/12 pitch." (o) Section 802.2.8 is amended to read as follows: "Unvented room heaters are prohibited in this jurisdiction." (p) Chapter 10 Steam and Hot Water Boilers is amended to read as follows: "Section 1001.1 All hot water heaters shall be installed per manufactured specifications and Chapter 5 Part 1 of the 2003 Uniform Plumbing Code, entitled ] Water Heaters." 4-5-2 Amendments. (a) Section 103.1 of the I.M.C., entitled “General,” is amended to read as follows: "103.1 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 'code official' appears, it shall be construed to refer to the Director of the Pueblo Regional Building Department or the Director’s designated representative. The code official, the code official’s designated representatives, and such mechanical inspectors as the code official may appoint, shall be vested with the authority of a law enforcement officer with respect to enforcing this Code and Chapter 5 of Title IV of the Pueblo Municipal Code, including the authority to issue summons and complaints for the violation thereof." (b) Section 103.2 of the I.M.C., entitled “Appointment” and Section 103.3 of the I.M.C. entitled “Deputies” are deleted. (c) Section 106.5.2 of the I.M.C., entitled “Fee Schedule,” is amended to read as follows:"Section 106.5.2 Fee Schedule. Fees shall be as set forth in the fee schedule adopted by the City." (d) Section 306.4 of the I.M.C. entitled “Appliances under floors,” is amended by the addition of the following sentence to read as follows: “All access openings to underfloor furnaces shall be provided with a permanent ladder for equipment access." SECTION 3. Section 3 of Chapter 5, Title IV of the Pueblo Municipal Code is amended to read as follows: Section 4-5-3. Offenses; criminal penalties; permit revocation; 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 [] UniformInternational the enforcement of any provision of this Chapter or the Mechanical Code, and, upon conviction thereof, the punishment therefor shall be a fine of not more than one thousand dollars ($1,000.00) or imprisonment for not more than one (1) year, or both such fine and imprisonment. (b) It shall be unlawful and a Class 1 municipal offense for any person [] BuildingCode to refuse or fail to timely comply with any order issued by the Official, the Director of the Pueblo Regional Building Department or other designated mechanical inspector pursuant to the provision of this Chapter or the International Mechanical Code, and, upon conviction thereof, the punishment therefor shall be a fine of not more than one thousand dollars ($1,000.00) or imprisonment for not more than one (1) year, 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 [] Uniform maintained pursuant to any requirement of this Chapter or the International Mechanical Code, and, upon conviction thereof, the punishment therefor shall be a fine of not more than one thousand dollars ($1,000.00) or imprisonment for not more than one (1) year, or both such fine and imprisonment. (d) Any permit issued pursuant to the provisions of this Chapter or the [] UniformInternational Mechanical Code may be suspended, terminated or [] BuildingCode revoked by the Official for (1) any of the reasons stated in [][] 114.5106.4.5UniformInternational subsection of the Mechanical Code or (2) any material violation of the terms of said permit or requirements applicable thereto. (e) In the event any owner or occupant of premises within the City shall [] BuildingCode refuse entry to the official or any building inspector, or if any [] BuildingCode premises are locked and the official or any building inspector has been unable to obtain permission of the owner or occupant to enter, the Municipal Court is 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, or any licensed contractor, or any permittee, shall fail or refuse to comply with any [] U.M.C. provision of this Chapter, the I.M.C. or any license or permit issued thereunder, the City may initiate an action for injunctive relief in any court of [] U.M.C. competent jurisdiction to compel compliance with said chapter, I.M.C., license or permit. (g) The enforcement remedies set forth in this Section are expressly declared to be cumulative and the exercise of any one (1) or more of them is not dependant 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. SECTION 4. A public hearing to consider the adoption of the 2009 International Mechanical Code, with modifications, shall be held in the Council Chambers, City Hall, 1 City Hall Place, Pueblo, Colorado at 7:00 p.m. on March 22, 2010. The City Clerk is directed to publish notice of such hearing pursuant to Section 31-16-203 of the Colorado Revised Statutes. SECTION 5. The adoption of this Ordinance and the 2009 International Mechanical 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 the 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, Section 24-10-101, C.R.S. et seq., or to waive any immunities or limitation on liability otherwise available to the City of Pueblo or the Pueblo Regional Building Department, or their officers, employees or agents. SECTION 6. If any part, section, subsection, sentence, clause or phrase of this Ordinance or the adopted 2009 International Mechanical 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 2009 International Mechanical Code. SECTION 7. The Council finds and declares that a certified true copy of the 2009 International Mechanical 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 4 of this Ordinance, and shall remain in said office for public inspection. After adoption of this Ordinance, a copy of the 2009 International Mechanical Code shall be kept in the office th of the Building Official at the Pueblo Regional Building Department, 316 15 Street W, Pueblo, Colorado. Copies of the 2009 International Mechanical Code shall be available through the Pueblo Regional Building Department for purchase by the public at a moderate price. SECTION 8. It shall be unlawful and a municipal offense for any person, firm, partnership, corporation, limited liability company or other entity to violate, disobey, omit, neglect, refuse or fail to comply with or resist the enforcement of any provision of this Ordinance or of the 2009 International Mechanical Code adopted herein. Any person found guilty of a violation of this Ordinance or of the International Mechanical Code shall be punished as provided in Section 4 -5 -3 of the Pueblo Municipal Code, as amended. In addition thereto, the City is authorized to enforce this Ordinance through the exercise of any one or more of the remedies set forth in Section 4 -5 -3 of the Pueblo Municipal Code, as amended, which remedies are hereby expressly declared to be cumulative, the exercise of any one or more not constituting any bar or limitation to the exercise of any other. SECTION 9. This Ordinance shall become effective 30 days after final passage and approval. INTRODUCED: February 8, 2010 BY: Judy Weaver COUNCILPERSON APPROVED: RESIDENT CF CITY CC) UNCIL ATTESTED BY: GIB' Y CLERK PASSED AND APPROVED: March 22, 2010 [Dp: ED �I E Background Paper for Proposed ORDINANCE DATE: February 8, 2010 AGENDA ITEM # R -2 DEPARTMENTS: Pueblo Regional Building Department Law Department TITLE AN ORDINANCE AMENDING CHAPTER 5 OF TITLE IV OF THE PUEBLO MUNICIPAL CODE RELATING TO MECHANICAL REGULATIONS AND ADOPTING THE 2009 INTERNATIONAL MECHANICAL CODE, PUBLISHED BY THE INTERNATIONAL CODE COUNCIL, INC., AND PROVIDING PENAL -TIES FOR THE VIOLATION THEREOF ISSUE Should the City adopt an ordinance adopting the 2009 International Mechanical Code with certain amendments? RECOMMENDATION The proposed Ordinance should be approved. BACKGROUND The International Code Council has adopted a new 2009 International Mechanical Code, superseding the 2003 version of the International Mechanical Code. The Pueblo Regional Building Department wishes to adopt the current 2009 International Mechanical Code with certain amendments designed to adapt the Code to local customs and conditions. FINANCIAL IMPACT The Ordinance is revenue neutral.