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Section 1 of Chapter 5, Title IV of the Pueblo Municipal Code is hereby repealed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
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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
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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
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UniformInternational
Mechanical Code may be suspended, terminated or
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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
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BuildingCode
refuse entry to the official or any building inspector, or if any
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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
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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
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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
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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.