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HomeMy WebLinkAbout08156ORDINANCE NO. 8156 AN ORDINANCE AMENDING CHAPTER 6 OF TITLE IV OF THE PUEBLO MUNICIPAL CODE RELATING TO BUILDING REGULATIONS AND ADOPTING THE 2009 INTERNATIONAL RESIDENTIAL CODE FOR ONE- AND TWO- FAMILY DWELLINGS, PUBLISHED 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 6, Title IV of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 4-6-1.International Residential Code; adoption by reference. [] 2009 (a) The International Residential Code, 2003 edition, [ promulgated and published by the International Code Council, Inc.,5360 South ] 4051 West Workman Road Mill Road, Whittier, California 90601-2298 Flossmoor Road, Country Club Hills, IL, 60478, together with the following Appendix Chapter: Appendix H, (Patio Covers), hereinafter collectively referred to as the “I.R.C.” as amended by this Chapter, together with the minor code [] 2009 entitled, “International Energy Conservation Code” 2003 edition [ promulgated and published by the International Code Council, Inc., 5360 South ] 4051 West Workman Road Mill Road, Whittier, California 90601-2298 Flossmoor Road, Country Club Hills, IL, 60478, hereinafter referred to as the “I.E.C.C.” are adopted by reference, provided, however that the following portions of the I.R.C. are not adopted and are expressly deleted: [] (1) Part V entitled “Mechanical Administration” [] ” (2) Part VI entitled “Fuel Gas [] (1) (3) Part VII entitled “Plumbing” [] (2) 4 Part VIII entitled “Electrical” [] (3) 5 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 2. Section 2 of Chapter 6, Title IV of the Pueblo Municipal Code is amended to read as follows: Section 4-6-2.Amendments . [ (a) Subsection R101.2 of the I.R.C. entitled “Scope” is amended by ] deleting the Exception. [] ( (a) b) Section R103 of the I.R.C. entitled "Department of Building Safety" is amended to read as follows: "R103 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 Director of the Pueblo Regional Building Department or the Director’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 [ Chapter 6 of Title IV of this Code and the Pueblo Municipal enforcing ] Code,this Code and Chapter 6 of Title IV of the Pueblo Municipal Code, including the authority to issue summons and complaints for the violation thereof." b) Section R103.1, entitled “Creation of enforcement agency,” ( section R103.2, entitled “Appointment,” and section R103.3 entitled “Deputies” are deleted. (c) Subsection R105.2 of the I.R.C. entitled “Work exempt from permit” number seven (7) 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 [] R105.10 entitled “Issuance of Permit” addition of Subsection R105.9 to read as follows: [] R 105.9 “R105.10. Issuance of Permit. 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 hereby amended to read as follows: [] Construction documents Plans and specifications will also be considered as the" will also include all plans and specifications, 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 C.R.S. 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 to read as follows: “R108.2.1 Permit Fees. The fee for each permit shall be as established in the fee schedule adopted by the City Council by resolution.” “R108.2.2 Plan Review Fees. Plan review fees shall be as established in the fee schedule adopted by the City Council by resolution.” (g) Section R110 of the I.R.C. entitled “Certificate of Occupancy” is readopted without changes to 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 the ordinances of the City. Such plans shall be prepared by and bear the seal 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, 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 for the issuance of a building permit and a certificate of occupancy. No certificate of occupancy shall be issued for any structure or building until all public improvements required by the ordinances of the City shall be constructed in full compliance with 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 any such public improvements are necessitated by the proposed construction, a condition shall be inserted in any building permit to be issued for such proposed construction, which shall require the dedication of such land and improvements to the City. 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 Building 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 Violation Penalties. Any person, firm or corporation violating any of the provisions of this Code, upon conviction thereof, shall be punished as provided in Section 4-6-6 of the 1971 Code of Ordinances of the City of Pueblo. The application of any such penalty shall not be held to prevent the enforced removal of prohibited conditions." (i) Table R301.2(1) of the I.R.C. entitled “Climatic and Geographic Design Criteria” is amended to read as follows: TABLE R301.2(1) CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA SUBJECT TO DAMAGE FROM ICE SHIELD UNDER- GROUND WIND SEISMIC AIR MEAN LAYMENT SNOW SPEED DESIGN FLOOD FREEZING ANNUAL REQUIRED LOAD(MPH)CATEGORYWEATHERINGFROSTTERMITEDECAYWINTERHAZARDSINDEXTEMP [20] CS 90BSEVER26"NONE0NO50052.3 (j) Subsection R301.2 entitled “Climatic and Geographic Design Criteria” is amended by the addition of Table R301.2 (4) entitled “Pueblo County Ground Snow Loads” to read as follows: Table R301.2 (4) Pueblo County Snow Loads ELEVATION GROUND SNOW ELEVATION GROUND (asl) LOAD (PSF) (asl) SNOW LOAD (PSF) 5300 20 8550 46 5550 23 8800 48 5800 25 9050 49 6050 27 9300 50 6300 30 9550 51 6550 33 9800 52 6800 35 10050 54 7050 38 10300 55 7300 40 10550 56 7550 41 10800 58 7800 43 11050 59 8050 44 11300 60 8300 45 [ (j) Subsection R305.1 of the I.R.C. entitled “Minimum Height” exception number one (1) is amended to read as follows: 1. Beams, girders, ducts, or other obstructions spaced not less than 4 feet (1219 mm) on center may project not more than 6 inches (152 ] mm) below the required ceiling height. (k) Subsection R313.2 of the I.R.C. entitled “One- and two-family dwellings automatic fire systems” is amended to read as follows: “Effective January 1, 2013, an automatic residential fire sprinkler system shall be installed in one- and two- family dwellings. Exception: An automatic residential fire sprinkler system shall not be required for or to existing additionsalterations buildings that are not already provided with an automatic residential sprinkler system.” (l) Subsection R315.2 of the I.R.C. entitled “Where required in existing dwellings” is amended to read as follows: Where interior work requiring a permit occurs in existing dwellings that have attached garages or in existing dwellings within which fuel-fired appliances exist, carbon monoxide alarms shall be provided in accordance with Section R315.1 SECTION 3. Section 3 of Chapter 6, Title IV of the Pueblo Municipal Code is amended to read as follows: [] Amendments to minor codeReserved. Section 4-6-3. [ Subsection 101.2 entitled “Scope” of the I.E.C.C. is amended by deleting the ] exception. SECTION 4. Section 4 of Chapter 6, Title IV of the Pueblo Municipal Code is reenacted without changes to read as follows: Sec. 4-6-4. Responsibility for damages; liability of City. The provisions of this Chapter and the IRC 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 IRC. 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 IRC or arising from the issuance or failure to issue any certificate of occupancy as herein provided. SECTION 5. Section 5 of Chapter 6, Title IV of the Pueblo Municipal Code is readopted without changes to read as follows: Section 4-6-5.Interpretation . Whenever in the IRC as adopted by this Chapter or in any secondary code adopted thereunder or by this Code in the adoption of such International Residential Code, 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 shall be construed to give such official only the discretion of determining whether the requirements and standards established by the International Residential Code and all secondary codes adopted thereunder or by this Chapter in the adoption of such International Residential Code have been complied with; and no such provision shall be construed as giving 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 6. Section 6 of Chapter 6, Title IV of the Pueblo Municipal Code is amended to read as follows: 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 [per day] 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 to refuse or fail to timely comply with any order issued by the Building Official, the Director 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 [per day] 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 maintained pursuant to any requirement of this Chapter or the International Residential Code, and upon conviction thereof, the punishment therefor shall be [per violation] 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 International Residential Code may be suspended, terminated or revoked by the Building Official for: (1) any of the reasons stated in Subsection R105.6 of the International Residential 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 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 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 any bar or limitation to the exercise of any other. SECTION 7. A public hearing to consider the adoption of the 2009 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. 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 8. The adoption of this Ordinance and the 2009 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 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 9. If any part, section, subsection, sentence, clause or phrase of this Ordinance or the adopted 2009 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 2009 International Residential Code. SECTION 10. The Council finds and declares that a certified true copy of the 2009 International Residential 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 7 of this Ordinance, and shall remain in said office for public inspection. After adoption of this Ordinance, a copy of the 2009 International Residential 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 Residential Code shall be available through the Pueblo Regional Building Department for purchase by the public at a moderate price. SECTION 11. 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 Residential Code adopted herein. Any person found guilty of a violation of this Ordinance or of the International Residential Code shall be punished as provided in Section 4 -6 -6 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 -6 -6 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 12. 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 Background Paper for Proposed ORDINANCE DATE:AGENDA ITEM # R-3 February 8, 2010 DEPARTMENTS: Pueblo Regional Building Department Law Department TITLE AN ORDINANCE AMENDING CHAPTER 6 OF TITLE IV OF THE PUEBLO MUNICIPAL CODE RELATING TO BUILDING REGULATIONS AND ADOPTING THE 2009 INTERNATIONAL RESIDENTIAL CODE FOR ONE- AND TWO-FAMILY DWELLINGS, PUBLISHED BY THE INTERNATIONAL CODE COUNCIL, INC., AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF ISSUE Should the City adopt an ordinance adopting the 2009 International Residential Code with certain amendments RECOMMENDATION The proposed Ordinance should be approved. BACKGROUND The International Code Council has adopted a new 2009 International Residential Code, superseding the 2003 version of the International Residential Code. The Pueblo Regional Building Department wishes to adopt the current 2009 International Residential Code with certain amendments designed to adapt the Code to local customs and conditions. FINANCIAL IMPACT The Ordinance is revenue neutral.