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HomeMy WebLinkAbout08157ORDINANCE NO. 8157 AN ORDINANCE AMENDING CHAPTER 2 OF TITLE IV OF THE PUEBLO MUNICIPAL CODE RELATING TO BUILDING REGULATIONS AND ADOPTING THE 2009 INTERNATIONAL BUILDING CODE PUBLISHED BY THE INTERNATIONAL CODE COUNCIL, INC; ADOPTING THE AMERICAN SOCIETY OF MECHANICAL ENGINEERS, ASME A17.1 SAFETY CODE FOR ELEVATORS AND ESCALATORS AND ASME A18.1 SAFETY STANDARDS FOR PLATFORM LIFTS AND STAIRWAY CHAIRLIFTS, 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 2, Title IV of the Pueblo Municipal code is hereby amended to read as follows: 4-2-1. International Building Code; adoption by reference. [] 2009 (a) The International Building Code, 2003 edition, promulgated [ and published by the International Code Council, Inc., 5360 South Workman Mill ] 4051 West Flossmoor Road, Country Road, Whittier, California 90601-2298 Club Hills, IL 60478 , together with the following Appendix Chapters: Chapter C [ (Group U Agricultural Buildings); Chapter E (Supplementary Accessibility ] Requirements); Chapter H (Signs); Chapter I (Patio Covers); together with the “ASME” referenced standards in American Society of Mechanical Engineers [] Chapter 35 for ASME A17.1 A17.1 2004 Safety Code for Elevators and [][] Escalators with 2005 Supplement A17.1S and the ASME A17.3 2003Safety [] ASME A18.1 Code for Existing Elevators and Escalators, and A18.1 2003 Safety Standard for Platform Lifts and Stairway Chair Lifts, hereinafter collectively referred to as the "I.B.C.," together with the minor code entitled [] 20032009 "International Energy Conservation Code," edition, promulgated [ and published by the International Code Council, Inc., 5360 South Workman Mill ] 4051 West Flossmoor Road, Country Road, Whittier, California 90601-2298 Club Hills, IL 60478 , hereinafter referred to as the "I.E.C.C.," as amended by this Chapter, are adopted by reference; provided, however, that the following chapter of the I.B.C. is not adopted and is expressly deleted: Chapter 29, entitled and Section 109, entitled “Board of Appeals of the "Plumbing Systems" I.E.C.C. is not adopted and is expressly deleted. (b) Copies of the I.B.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 within the City shall be in compliance with the terms and provisions of this Chapter and the I.B.C. and said Appendices. SECTION 2. Section 2 of Chapter 2, Title IV of the Pueblo Municipal code is hereby amended to read as follows: 4-2-2. Amendments. [][] 101.4.4 (a) Subsection 101.2 of the I.B.C., entitled "Scope [] Property Maintenancedeleted ," is amended by deleting Exception Number (2). [1] 101.4.3 (b) Subsection 01.4.4 of the I.B.C., entitled "Plumbing," is amended to read as follows: [] 101.4.4 101.4.3 Plumbing. "The provisions of the Uniform Plumbing Code as adopted by the City shall apply to the installation, alteration, repairs and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system." (c) Section 103 of the I.B.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 representatives, 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 2 of Title IV of this Code and the Pueblo Municipal enforcing ] Code,this Code and Chapter 2 of Title IV of the Pueblo Municipal Code, including the authority to issue summons and complaints for the violation thereof." d) Section 103.1 entitled “Creation of enforcement agency,” ( Section 103.2 entitled “Appointment,” and Section 103.3 entitled “Deputies,” of the I.B.C. are hereby deleted. [] (e) (d) Subsection 105.2 of the I.B.C., entitled "Work Exempt From Permit," Number (9) is amended to read as follows: [ “9. Prefabricated swimming pools accessory to a Group R-3 occupancy, as ] applicable in Section 101.2, which do not exceed 5,000 gallons (18,925 L)and are installed entirely above ground." [] (f) (e) Section 105 of the I.B.C., entitled "Permits," is amended by the addition of Subsection 105.8 to read as follows: Issuance of Permit. "105.8 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). If any portion of the work is excluded from the contract, the application or permit shall state the portions so excluded. If the contractor is discharged or abandons 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." [] (g) (f) Subsection 107.1 of the I.B.C., entitled "Submittal Documents," is amended by the addition of the following paragraph: [] Construction documents will also include allplans " 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.B.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 the Colorado Revised Statutes and in accordance with Sections 12-25-117 and 12-4-116, C.R.S., respectively." [][] (h) 109.2 (g) Subsection 108.2 of the I.B.C., entitled "Schedule of [] Permit Fees," is amended by the addition of two (2) new subsections, 108.21 [] 109.21 109.2.2 and 108.2.2, to read as follows: [] 109.2.1 Permit Fees. "108.2.1The fee for each permit shall be as established in the fee schedule adopted by the City Council by resolution. [] 109.2.2 Plan Review Fees. "108.2..2Plan review fees shall be as established in the fee schedule adopted by the City Council by resolution." [][] (i) 111 (h) Section 110 of the I.B.C., entitled "Certificate of [] 111 Occupancy," is amended by the addition of a new Subsection 110.3.1, which shall read as follows: [] 110.3.1 111.3.1 Public Improvement Requirements for a " Certificate of Occupancy. Applications for building permits for buildings or structures classified in occupancy Groups A, B, E, F, H, I, M, R-1, R-2, R-4 and S 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. Applications for building permits for buildings or structures classified in occupancy Group 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. "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, curb 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 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 to revoke any issued certificate of occupancy or temporary certificate of occupancy." [][] (j) 114.4 (i) Subsection 113.4 of the I.B.C., entitled "Violation Penalties," is amended to read as follows: [] 114.4 Violation Penalties. "113.4Any person, firm or corporation violating any of the provisions of this code, upon conviction thereof, shall be punished as provided in Section 4-2-5 of the Pueblo Municipal Code. The application of any such penalty shall not be held to prevent the enforced removal of prohibited conditions." [][][ (k) 116.1 (j) Subsection 115.1 of the I.B.C., entitled "Unsafe ] Conditions Structures and Equipment," is amended by revising the second sentence thereof to read as follows: "All such unsafe buildings, structures, or appendages are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in Chapter 7 of Title IV of the Pueblo Municipal Code, entitled 'Unsafe Structures.' As an alternative, the building official or other employee or official of the Pueblo Regional Building Department may institute any other appropriate action to prevent, restrain, correct or abate the violation." [][] (l) 116.2 (k) Subsection 115.2 of the I.B.C., entitled "Record," is deleted. [][] (m) 116.3 (l) Subsection 115.3 of the I.B.C., entitled "Notice," is deleted. [][] (n)11 116.4 (m) Subsection 5.4 of the I.B.C., entitled "Method of Service," is deleted. [][] (o)116.5 (n) Subsection 115.5 of the I.B.C., entitled "Restoration," is deleted. [ ( o) Subsection 1208.2.1 of the I.B.C., entitled "Furred Ceiling," is amended to read as follows: "Any room with a furred ceiling shall be required to have the minimum ceiling height in two thirds (⅔) of the area thereof, but in no case ] shall the height of the furred ceiling be less than six feet eight inches." (p) Subsection 1608 of the I.B.C. entitled “ Snow Loads” is amended by the addition of a new Subsection entitled “Table 1608.3 Pueblo County Snow Loads” as follows: Table 1608.3 Pueblo County Snow Loads ELEVATION GROUND SNOW ELEVATIOGROUND (asl) LOAD (PSF) N (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 [][] (q)1809.5 (p) Subsection 5.2.1 of the I.B.C., entitled "Frost Protection," Number (1) is amended to read as follows: "1. Extending below the frost line of twenty-six (26) inches." [] (r) (q) Chapter 30 of the I.B.C, entitled "Elevators and Conveying Systems," is amended by the addition of a new Subsection 3001.1.1 and [][] 30093012 Sections 3007 through 3010, to read as follows: 3001.1.1 Purpose. "The purpose of this Chapter is to safeguard life, limb, property and public welfare by establishing minimum requirements regulating the design, construction, alteration, operation and maintenance of elevators, dumbwaiters, escalators, moving walks, material lifts and dumbwaiters with automatic transfer devices, wheelchair lifts and stairway chairlifts and by establishing procedures by which these requirements may be enforced. "This chapter shall apply to new and existing installations of elevators, dumbwaiters, escalators, moving walks, material lifts and dumbwaiters with automatic transfer devices, wheelchair lifts and stairway chairlifts, requiring permits and providing for the inspection and maintenance of such conveyances. [] 3009 Permits and Certificates of Inspection. "3007 [] 3009.1 Permits Required. "3007.1It shall be unlawful to install any new elevator, dumbwaiter, escalator, moving walk, material lifts and dumbwaiters with automatic transfer devices, wheelchair lifts and stairway chair lifts, or to make major alterations to any existing elevator, dumbwaiter, escalator, moving walk, material lifts and dumbwaiters with automatic transfer devices, wheelchair lifts and stairway chairlifts as defined in the ASME Code, without having first obtained a permit for such installation from the building official. Permits shall not be required for maintenance or minor alterations. [] 3009.2 Certificates of Inspection Required. "3007.2It shall be unlawful to operate any elevator, dumbwaiter, escalator, moving walk, material lifts and dumbwaiter with automatic transfer devices, wheelchair lifts and stairway chairlifts without a current certificate of inspection issued by the building official or the building official's duly authorized representative. Such certificate shall be issued upon payment of prescribed fees and the presentation of a valid inspection report indicating that the conveyance is safe and that the inspections and tests have been performed in accordance with the ASME Code. Certificates shall not be issued when the conveyance is posted as unsafe pursuant to Section [] 3012 3013. [] 3009.3 Application for Permits. "3007.3A permit application to install any elevator, dumbwaiter, escalator, moving walk, material lifts and dumbwaiter with automatic transfer devices, wheelchair lifts and stairway chairlifts shall be made on forms provided by the building official, and the permit shall be issued to an owner upon payment of the permit fees specified in this Section. [] 3009.4 Application for Certificates of Inspection. "3007.4 Application for a certificate of inspection shall be made by the owner of an elevator, dumbwaiter, escalator, moving walk, material lifts and dumbwaiters with automatic transfer devices, wheelchair lifts and stairway chairlifts. Applications shall be accompanied by an inspection report as .2 described in Section 3009. Fees for certificates of inspection shall be specified in this Section. [] 3009.5 Expiration of Certificates. "3007.5Every elevator certificate issued by the building official or the building official's duly authorized representative under the provisions of this Code shall automatically expire one year after its issuance. A new certificate must be obtained prior to the continued operation of the permitted device. [] 3009.6 Fees. "3007.6A fee for each permit or certificate of inspection shall be paid to the Building Official as provided by the fee schedule adopted by the City of Pueblo. [] 3010 Design. "3008For detailed design, construction and installation requirements, see Chapter 16 and the appropriate requirements of the ASME Code. [] 3011 Requirements for Operation and Maintenance. "3009 [] 3011.1 General. "3009.1The owner shall be responsible for the safe operation and maintenance of each elevator, dumbwaiter, escalator, moving walk, material lifts and dumbwaiters with automatic transfer devices, wheelchair lifts or stairway chairlifts installation and shall cause periodic inspections, tests and maintenance to be made on such conveyances as required in this Section. [] 3011.2 Periodic Inspections and Tests. "3009.2Routine and periodic inspections and tests shall be made as required by the ASME Code. [] 3011.3 Alterations, Repairs and Maintenance. "3009.3 Alterations, repairs and maintenance shall be made as required by the ASME Code. [] 3011.4 Inspection Costs. "3009.4All costs of such inspections and tests shall be paid by the owner. [] 3011.5 Inspection Reports. "3009.5After each required inspection, a full and correct report of such inspection shall be filed with the Building Official. [] 3012 Unsafe Conditions. "3010When an inspection reveals an unsafe condition, the inspector shall immediately file with the owner and the building official an accurate and complete report of such inspection and such unsafe condition. If the building official finds that the unsafe condition endangers human life, the building official shall cause to be posted upon such elevator, dumbwaiter, escalator, moving walk, material lifts and dumbwaiters with automatic transfer devices, wheelchair lifts or stairway chairlifts, in a conspicuous place, a notice stating that such conveyance is unsafe. The owner shall make a reasonable effort to maintain such notice of unsafe condition in readable condition at the location posted by the building official. The building official shall also issue an order in writing to the owner requiring the repairs or alterations to be made to such conveyance which are necessary to render it safe and may order the operation thereof discontinued until the repairs or alterations are made or the unsafe conditions abated. The notice of unsafe condition shall only be removed by the building official or the building official's authorized representative when the building official or the building official's authorized representative is satisfied the unsafe conditions have been corrected." [] (s) (r) Section 3103 of the I.B.C., entitled "Temporary Structures," is amended by the addition of a new Subsection 3103.5 to read as follows: Temporary Office Units. "3103.5 Temporary office units ('units') may be used while permanent office facilities are being constructed, provided that the following conditions are met: "1. Units must be I.B.C.-approved or inspected and approved by an ICC certified inspector. "2. All required building permits for the units must be issued, and all applicable regulations and ordinances then in effect be complied with. "3. The units must be removed within 15 days after the permanent office facilities have been substantially completed." [] (t) (s) Subsection 3109.4 of the I.B.C., entitled "Residential Swimming Pools," is deleted. [] (u) (t) Section 3303 of the I.B.C., entitled "Demolition," is amended by the addition of two (2) new subsections, 3303.7 and 3303.8, to read as follows: Utility Removal. "3303.7 Unless new construction upon the site of the demolished building is contemplated within ninety (90) days after the completion of wrecking operations, the person wrecking the same shall remove all underground utilities to the property line, except the water service line which shall be removed to the main. The contractor shall provide the Pueblo Regional Building Department with proof that all utilities have been secured in accordance with the requirements of the responsible utility companies. Final Grade After Demolition. "3303.8 After completing the demolition work, all trash, debris, and construction materials shall be removed from the site. Excavations shall not be backfilled with debris or construction materials, but, when approved by the building official, existing structurally sound walls below grade and basement slabs may be left in place. When basement slabs are to be left in place, they shall be broken up or drilled in such manner as to allow proper drainage after they are backfilled. All holes, excavations, basements, cellars, and similar excavations shall be filled with granular materials thoroughly wetted and compacted, and the site left in a clean and graded condition." [] (v) H (u) Appendix Subsection H101.2 of the I.B.C., entitled "Signs Exempt From Permits," Number (1) is amended to read as follows: "(1) Signs painted on the surface of a building." [] (w) H (v) Appendix Subsection H101.2 of the I.B.C., entitled "Signs Exempt From Permits," is amended by the addition of Exemptions (6) and (7) to read as follows: "(6) Signs lower than six (6) feet above grade. "(7) Paper, synthetic or other cloth-type nonrigid banners which have thirty (30) square feet or fewer, located on private property and remain no more than sixty (60) days." [] (x) H (w) AppendixSubsection H105.1, entitled "General Requirements," is amended by the addition of a second paragraph and six (6) attached tables to read as follows: "Poles and foundations for pole signs between six (6) and thirty (30) feet above grade may be designed and constructed in accordance with attached Tables H-D through H-I or by an architect or engineer licensed by the State of Colorado. TABLE H-D - MINIMUM PIPE SIZES FOR ONE POLE STEEL PIPE SUPPORT Pipe Sizes Required Wall Thickness = Sch. 40 or Std. - One Pole with Steel Pipe Pueblo, Colorado – Basic Wind Speed 80 MPH, Exposure "C", Importance Factor 1.0 (Category 2 - 2009 I. B.C.) HEIGHT "Y" (Feet) SIGN AREA 6.0 8.0 10.0 12.0 14.0 16.0 18.0 20.0 22.0 24.0 26.0 28.0 30.0 Height "A" SQ. FT. In feet 24.34 24.34 24.34 24.34 24.34 25.94 25.94 25.94 27.32 27.32 28.24 28.24 28.24 Pressure/ PSF 1 1 1 1 1 1 1 1 1 1 1 1 1 # of Poles 5.0 2" 2" 2 1/2" 2 1/2" 2 1/2" 3" 3" 3" 3" 3 1/2" 3 1/2" 3 1/2" 3 1/2" 10.0 2 1/2" 3" 3" 3" 3 1/2" 3 1/2" 4" 4" 5" 5" 5" 5" 5" 15.0 3" 3" 3 1/2" 4" 4" 5" 5" 5" 5" 6" 6" 6" 6" 20.0 3" 3 1/2" 4" 5" 5" 5" 5" 6" 6" 6" 6" 8" 8" 25.0 3 1/2" 4" 5" 5" 5" 6" 6" 6" 6" 8" 8" 8" 8" 30.0 4" 5" 5" 5" 6" 6" 6" 8" 8" 8" 8" 8" 8" 35.0 4" 5" 5" 6" 6" 6" 8" 8" 8" 8" 8" 8" 8" 40.0 5" 5" 5" 6" 6" 8" 8" 8" 8" 8" 8" 10" 10" 45.0 5" 5" 6" 6" 8" 8" 8" 8" 8" 8" 10" 10" 10" 50.0 5" 5" 6" 6" 8" 8" 8" 8" 8" 10" 10" 10" 10" 55.0 5" 6" 6" 8" 8" 8" 8" 8" 10" 10" 10" 10" 10" 60.0 5" 6" 6" 8" 8" 8" 8" 10" 10" 10" 10" 10" 10" 65.0 5" 6" 8" 8" 8" 8" 10" 10" 10" 10" 10" 10" 12" 70.0 6" 6" 8" 8" 8" 8" 10" 10" 10" 10" 10" 12" 12" 75.0 6" 6" 8" 8" 8" 10" 10" 10" 10" 10" 12" 12" 12" 80.0 6" 8" 8" 8" 8" 10" 10" 10" 10" 10" 12" 12" 12" 85.0 6" 8" 8" 8" 8" 10" 10" 10" 10" 12" 12" 12" 12" 90.0 6" 8" 8" 8" 10" 10" 10" 10" 12" 12" 12" 12" 12" 95.0 6" 8" 8" 8" 10" 10" 10" 10" 12" 12" 12" 12" 14" 100.0 6" 8" 8" 8" 10" 10" 10" 10" 12" 12" 12" 14" 14" 110.0 8" 8" 8" 10" 10" 10" 10" 12" 12" 12" 14" 14" 14" 120.0 8" 8" 8" 10" 10" 10" 12" 12" 12" 12" 14" 14" 16" 130.0 8" 8" 10" 10" 10" 12" 12" 12" 12" 14" 14" 16" 16" 140.0 8" 8" 10" 10" 10" 12" 12" 12" 14" 14" 16" 16" 16" 150.0 8" 8" 10" 10" 10" 12" 12" 12" 14" 16" 16" 16" 18" 160.0 8" 10" 10" 10" 12" 12" 12" 14" 16" 16" 16" 16" 18" 170.0 8" 10" 10" 10" 12" 12" 14" 14" 16" 16" 16" 18" 18" 180.0 8" 10" 10" 10" 12" 12" 14" 14" 16" 16" 18" 18" 18" 190.0 8" 10" 10" 12" 12" 14" 14" 16" 16" 16" 18" 18" 18" 200.0 8" 10" 10" 12" 12" 14" 14" 16" 16" 18" 18" 18" 20" 210.0 10" 10" 10" 12" 12" 14" 16" 16" 16" 18" 18" 20" 20" 220.0 10" 10" 10" 12" 12" 14" 16" 16" 18" 18" 20" 20" 20" 230.0 10" 10" 12" 12" 12" 14" 16" 16" 18" 18" 20" 20" 20" 240.0 10" 10" 12" 12" 14" 16" 16" 16" 18" 18" 20" 20" 22" 250.0 10" 10" 12" 12" 14" 16" 16" 18" 18" 20" 20" 20" 22" TABLE H-E - MINIMUM PIPE SIZES FOR TWO POLE STEEL PIPE SUPPORT Pipe Sizes Required Wall Thickness = Sch. 40 or Std. - Two Pole with Steel Pipe Pueblo, Colorado - Basic Wind Speed 80 MPH, Exposure "C", Importance Factor 1.0 (Category 2 - 2009 I. B.C.) HEIGHT "Y" (Feet) SIGN AREA 6 8 10 12 14 16 18 20 22 24 26 28 30 Height "A" SQ. FT. in feet 24.34 24.34 24.34 24.34 24.34 25.94 25.94 25.94 27.32 27.32 28.24 28.24 28.24 Pressure/ PSF 2 2 2 2 2 2 2 2 2 2 2 2 2 # of Poles 5 2" 2" 2" 2" 2" 2 1/2" 2 1/2" 2 1/2" 2 1/2" 2 1/2" 2 1/2" 3" 3" 10 2" 2" 2 1/2" 2 1/2" 2 1/2" 3" 3" 3" 3" 3 1/2" 3 1/2" 3 1/2" 3 1/2" 15 2 1/2" 2 1/2" 2 1/2" 3" 3" 3 1/2" 3 1/2" 3 1/2" 4" 4" 4" 5" 5" 20 2 1/2" 3" 3" 3" 3 1/2" 3 1/2" 4" 4" 5" 5" 5" 5" 5" 25 2 1/2" 3" 3" 3 1/2" 3 1/2" 4" 5" 5" 5" 5" 5" 6" 6" 30 3" 3" 3 1/2" 4" 4" 5" 5" 5" 5" 6" 6" 6" 6" 35 3" 3 1/2" 3 1/2" 4" 5" 5" 5" 5" 6" 6" 6" 6" 6" 40 3" 3 1/2" 4" 5" 5" 5" 5" 6" 6" 6" 6" 8" 8" 45 3 1/2" 4" 4" 5" 5" 5" 6" 6" 6" 6" 8" 8" 8" 50 3 1/2" 4" 5" 5" 5" 6" 6" 6" 6" 8" 8" 8" 8" 55 3 1/2" 4" 5" 5" 5" 6" 6" 6" 8" 8" 8" 8" 8" 60 4" 5" 5" 5" 6" 6" 6" 8" 8" 8" 8" 8" 8" 65 4" 5" 5" 5" 6" 6" 6" 8" 8" 8" 8" 8" 8" 70 4" 5" 5" 6" 6" 6" 8" 8" 8" 8" 8" 8" 8" 75 4" 5" 5" 6" 6" 8" 8" 8" 8" 8" 8" 8" 10" 80 5" 5" 5" 6" 6" 8" 8" 8" 8" 8" 8" 10" 10" 85 5" 5" 6" 6" 6" 8" 8" 8" 8" 8" 10" 10" 10" 90 5" 5" 6" 6" 8" 8" 8" 8" 8" 8" 10" 10" 10" 95 5" 5" 6" 6" 8" 8" 8" 8" 8" 10" 10" 10" 10" 100 5" 5" 6" 6" 8" 8" 8" 8" 8" 10" 10" 10" 10" 110 5" 6" 6" 8" 8" 8" 8" 8" 10" 10" 10" 10" 10" 120 5" 6" 6" 8" 8" 8" 8" 10" 10" 10" 10" 10" 10" 130 5" 6" 8" 8" 8" 8" 10" 10" 10" 10" 10" 10" 12" 140 6" 6" 8" 8" 8" 8" 10" 10" 10" 10" 10" 12" 12" 150 6" 6" 8" 8" 8" 10" 10" 10" 10" 10" 12" 12" 12" 160 6" 8" 8" 8" 8" 10" 10" 10" 10" 10" 12" 12" 12" 170 6" 8" 8" 8" 8" 10" 10" 10" 10" 12" 12" 12" 12" 180 6" 8" 8" 8" 10" 10" 10" 10" 12" 12" 12" 12" 12" 190 6" 8" 8" 8" 10" 10" 10" 10" 12" 12" 12" 12" 14" 200 6" 8" 8" 8" 10" 10" 10" 10" 12" 12" 12" 14" 14" 210 8" 8" 8" 10" 10" 10" 10" 12" 12" 12" 12" 14" 14" 220 8" 8" 8" 10" 10" 10" 10" 12" 12" 12" 14" 14" 14" 230 8" 8" 8" 10" 10" 10" 10" 12" 12" 12" 14" 14" 16" 240 8" 8" 8" 10" 10" 10" 12" 12" 12" 12" 14" 14" 16" 250 8" 8" 10" 10" 10" 10" 12" 12" 12" 14" 14" 16" 16" TABLE H-F – MINIMUM PIPE SIZES FOR ONE POLE STEEL TUBE SUPPORT Tube Steel Size Required Wall Thickness = 3/16" (2" - 8" TS), 1/4" (10" - 12" TS), 5/16" (14" - 16" TS) Pueblo, Colorado – Basic Wind Speed 80 MPH, Exposure "C", Importance Factor 1.0 (Category 2 - 2009 I. B.C.) HEIGHT "Y" (Feet) SIGN AREA 6 8 10 12 14 16 18 20 22 24 26 28 30 Height "A" SQ. FT. in feet 24.34 24.34 24.34 24.34 24.34 25.94 25.94 25.94 27.32 27.32 28.24 28.24 28.24 Pressure/ PSF 1 1 1 1 1 1 1 1 1 1 1 1 1 # of Poles 5 2" 2" 2" 2" 2 1/2" 2 1/2" 2 1/2" 2 1/2" 3" 3" 3" 3" 3 1/2" 10 2" 2 1/2" 2 1/2" 3" 3" 3 1/2" 3 1/2" 3 1/2" 4" 4" 4" 5" 5" 15 2 1/2" 3" 3" 3 1/2" 3 1/2" 4" 4" 5" 5" 5" 5" 5" 6" 20 3" 3" 3 1/2" 4" 4" 5" 5" 5" 5" 6" 6" 6" 6" 25 3" 3 1/2" 4" 4" 5" 5" 5" 6" 6" 6" 7" 7" 7" 30 3 1/2" 4" 4" 5" 5" 6" 6" 6" 6" 7" 7" 7" 8" 35 3 1/2" 4" 5" 5" 5" 6" 6" 6" 7" 7" 8" 8" 8" 40 4" 5" 5" 5" 6" 6" 7" 7" 7" 8" 8" 8" 10" 45 4" 5" 5" 6" 6" 7" 7" 7" 8" 8" 8" 10" 10" 50 4" 5" 5" 6" 6" 7" 7" 8" 8" 8" 10" 10" 10" 55 5" 5" 6" 6" 7" 7" 8" 8" 8" 10" 10" 10" 10" 60 5" 5" 6" 6" 7" 7" 8" 8" 10" 10" 10" 10" 10" 65 5" 6" 6" 7" 7" 8" 8" 10" 10" 10" 10" 10" 10" 70 5" 6" 6" 7" 7" 8" 8" 10" 10" 10" 10" 10" 10" 75 5" 6" 7" 7" 8" 8" 10" 10" 10" 10" 10" 10" 10" 80 5" 6" 7" 7" 8" 8" 10" 10" 10" 10" 10" 10" 10" 85 6" 6" 7" 7" 8" 10" 10" 10" 10" 10" 10" 10" 12" 90 6" 6" 7" 8" 8" 10" 10" 10" 10" 10" 10" 12" 12" 95 6" 7" 7" 8" 8" 10" 10" 10" 10" 10" 12" 12" 12" 100 6" 7" 7" 8" 10" 10" 10" 10" 10" 10" 12" 12" 12" 110 6" 7" 8" 8" 10" 10" 10" 10" 10" 12" 12" 12" 12" 120 6" 7" 8" 10" 10" 10" 10" 10" 12" 12" 12" 12" 14" 130 7" 8" 8" 10" 10" 10" 10" 10" 12" 12" 12" 14" 14" 140 7" 8" 10" 10" 10" 10" 10" 12" 12" 12" 14" 14" 14" 150 7" 8" 10" 10" 10" 10" 12" 12" 12" 12" 14" 14" 14" 160 7" 8" 10" 10" 10" 10" 12" 12" 12" 14" 14" 14" 14" 170 7" 8" 10" 10" 10" 12" 12" 12" 14" 14" 14" 14" 14" 180 8" 10" 10" 10" 10" 12" 12" 12" 14" 14" 14" 14" 14" 190 8" 10" 10" 10" 10" 12" 12" 12" 14" 14" 14" 14" 14" 200 8" 10" 10" 10" 10" 12" 12" 14" 14" 14" 14" 14" 14" 210 8" 10" 10" 10" 12" 12" 12" 14" 14" 14" 14" 14" 16" 220 8" 10" 10" 10" 12" 12" 14" 14" 14" 14" 14" 16" 16" 230 10" 10" 10" 10" 12" 12" 14" 14" 14" 14" 14" 16" 16" 240 10" 10" 10" 12" 12" 12" 14" 14" 14" 14" 16" 16" 16" 250 10" 10" 10" 12" 12" 14" 14" 14" 14" 14" 16" 16" 16" TABLE H-G – MINIMUM PIPE SIZES FOR TWO POLE STEEL TUBE SUPPORT Tube Steel Size Required Wall Thickness = 3/16" (2" - 8" TS), 1/4" (10" - 12" TS), 5/16" (14" - 16" TS) Pueblo, Colorado – Basic Wind Speed 80 MPH, Exposure "C", Importance Factor 1.0 (Category 2 - 2009 I. B.C.) HEIGHT "Y" (Feet) SIGN AREA 6 8 10 12 14 16 18 20 22 24 26 28 30 Heigh "A" SQ. FT. in feet 24.34 24.34 24.34 24.34 24.34 25.94 25.94 25.94 27.32 27.32 28.24 28.24 28.24 Pressure/P SF 2 2 2 2 2 2 2 2 2 2 2 2 2 # of Poles 5 2" 2" 2" 2" 2" 2" 2" 2" 2" 2 1/2" 2 1/2" 2 1/2" 2 1/2" 10 2" 2" 2" 2" 2 1/2" 2 1/2" 2 1/2" 3" 3" 3" 3" 3" 3 1/2" 15 2" 2" 2 1/2" 2 1/2" 2 1/2" 3" 3" 3" 3 1/2" 3 1/2" 3 1/2" 4" 4" 20 2" 2 1/2" 2 1/2" 3" 3" 3 1/2" 3 1/2" 3 1/2" 4" 4" 4" 5" 5" 25 2 1/2" 2 1/2" 3" 3" 3 1/2" 3 1/2" 4" 4" 4" 5" 5" 5" 5" 30 2 1/2" 3" 3" 3 1/2" 3 1/2" 4" 4" 5" 5" 5" 5" 5" 6" 35 2 1/2" 3" 3 1/2" 3 1/2" 4" 4" 5" 5" 5" 5" 6" 6" 6" 40 3" 3" 3 1/2" 4" 4" 5" 5" 5" 5" 6" 6" 6" 6" 45 3" 3 1/2" 3 1/2" 4" 5" 5" 5" 5" 6" 6" 6" 6" 7" 50 3" 3 1/2" 4" 4" 5" 5" 5" 6" 6" 6" 7" 7" 7" 55 3 1/2" 3 1/2" 4" 5" 5" 5" 6" 6" 6" 6" 7" 7" 7" 60 3 1/2" 4" 4" 5" 5" 6" 6" 6" 6" 7" 7" 7" 8" 65 3 1/2" 4" 5" 5" 5" 6" 6" 6" 7" 7" 7" 8" 8" 70 3 1/2" 4" 5" 5" 5" 6" 6" 6" 7" 7" 8" 8" 8" 75 3 1/2" 4" 5" 5" 6" 6" 6" 7" 7" 7" 8" 8" 8" 80 4" 5" 5" 5" 6" 6" 7" 7" 7" 8" 8" 8" 10" 85 4" 5" 5" 6" 6" 6" 7" 7" 8" 8" 8" 10" 10" 90 4" 5" 5" 6" 6" 7" 7" 7" 8" 8" 8" 10" 10" 95 4" 5" 5" 6" 6" 7" 7" 7" 8" 8" 10" 10" 10" 100 4" 5" 5" 6" 6" 7" 7" 8" 8" 8" 10" 10" 10" 110 5" 5" 6" 6" 7" 7" 8" 8" 8" 10" 10" 10" 10" 120 5" 5" 6" 6" 7" 7" 8" 8" 10" 10" 10" 10" 10" 130 5" 6" 6" 7" 7" 8" 8" 10" 10" 10" 10" 10" 10" 140 5" 6" 6" 7" 7" 8" 8" 10" 10" 10" 10" 10" 10" 150 5" 6" 7" 7" 8" 8" 10" 10" 10" 10" 10" 10" 10" 160 5" 6" 7" 7" 8" 8" 10" 10" 10" 10" 10" 10" 10" 170 6" 6" 7" 7" 8" 10" 10" 10" 10" 10" 10" 10" 12" 180 6" 6" 7" 8" 8" 10" 10" 10" 10" 10" 10" 12" 12" 190 6" 7" 7" 8" 8" 10" 10" 10" 10" 10" 12" 12" 12" 200 6" 7" 7" 8" 10" 10" 10" 10" 10" 10" 12" 12" 12" 210 6" 7" 8" 8" 10" 10" 10" 10" 10" 10" 12" 12" 12" 220 6" 7" 8" 8" 10" 10" 10" 10" 10" 12" 12" 12" 12" 230 6" 7" 8" 10" 10" 10" 10" 10" 10" 12" 12" 12" 12" 240 6" 7" 8" 10" 10" 10" 10" 10" 12" 12" 12" 12" 14" 250 7" 7" 8" 10" 10" 10" 10" 10" 12" 12" 12" 12" 14" TABLE H-H MINIMUM FOUNDATION DEPTHS FOR PIPES My = SxFy/12 Fy = 36,000 psi Pipe Diameter Yield Moment 6.0" 12.0" 18.0" 24.0" 30.0" 3.0' 3.5' 4.0' 4.5' 5.0' 5.5' 6.0' Nominal "Do" Capacity "My" Inches Ft.-Lbs. 2" 1683 5 5 4 4 4 4 4 4 4 4 4 4 2 1/2" 3192 5 5 5 4 4 4 4 4 4 4 4 3" 5172 5 5 5 5 5 5 4 4 4 4 4 3 1/2" 7182 6 6 5 5 5 5 5 5 5 4 4 4" 9660 7 6 6 6 5 5 5 5 5 5 5 5" 16350 8 7 7 6 6 6 6 6 5 5 5 6" 25500 9 8 7 7 7 6 6 6 6 6 6 8" 50430 10 9 8 8 8 7 7 7 7 7 10" 89730 11 10 10 9 9 9 8 8 8 8 12" 131400 13 12 11 10 10 10 9 9 9 9 14" 159900 12 11 11 10 10 10 9 9 9 16" 210900 13 12 12 11 11 10 10 10 10 18" 288800 14 13 13 12 12 11 11 11 10 20" 334200 14 13 13 12 12 12 11 11 22" 406200 15 14 14 13 13 12 12 12 24" 485700 16 15 14 14 13 13 13 12 26" 573000 16 15 14 14 14 13 13 30" 765000 17 16 16 15 15 14 14 34" 987000 18 17 16 16 15 15 36" 1110000 18 18 17 16 16 16 42" 1518000 19 19 18 18 17 NOTES: 1. The purpose of these charts is for the use of inspectors to check a simple design for pole signs. Design is for "one-pole" and "two-pole" signs with drilled caisson type foundation with the pipe extending down to the bottom of the foundation. Anything else to be designed by a qualified engineer licensed in the State of Colorado. 2. These charts are based upon a design of 80 MPH Basic Wind Speed, Exposure "C", Importance Factor 1.0 (2009 IBC) 3. Pipes are assumed to be Schedule 40 or Standard Schedule, A36 Steel. 4. Foundations are assumed to be 2000 PSI minimum concrete strength. 5. This chart allows for a minimum clearance between the pole and the soil of 2" for 2" pipe of 2" and other 3". 6. Foundation is conservatively designed so soil strength to exceed the yield strength of the pipe. 7. Excavation for foundation shall be in undisturbed native soil. TABLE H-I MINIMUM FOUNDATION DEPTHS FOR PIPES My = SxFy/12 Fy = 46,000 psi Tube Dimension Yield Moment 6.0" 12.0" 18.0" 24.0" 30.0" 3.0' 3.5' 4.0' 4.5' 5.0' 5.5' 6.0' Nominal "Wn" Capacity "My" Inches Ft.-Lbs. 2" x 2" 2561 5 5 4 4 4 4 4 4 4 4 4 2 1/2" x 2 1/2" 4370 6 5 5 5 5 4 4 4 4 4 4 3" x 3" 6632 6 6 5 5 5 5 5 5 4 4 4 3 1/2" x 31/2" 9392 7 6 6 6 5 5 5 5 5 5 5 4" x 4" 12650 7 7 6 6 6 6 5 5 5 5 5 5" x 5" 20547 8 8 7 7 6 6 6 6 6 6 5 6" x 6" 30398 8 8 7 7 7 7 6 6 6 6 7" x 7" 42167 9 8 8 8 7 7 7 7 6 6 8" x 8" 55967 10 9 9 8 8 8 7 7 7 7 10" x 10" 115383 11 10 10 10 9 9 9 8 8 12" x 12" 169050 12 12 11 11 10 10 10 9 9 14"x 14" 285967 14 14 13 12 12 11 11 11 11 16" x 16" 377967 15 14 13 13 12 12 12 11 NOTES: 1. The purpose of these charts is for the use of inspectors to check a simple design for pole signs. Design is for "one-pole" or "two-pole" signs with drilled caisson type foundation with the tube steel extending down to the bottom of the foundation. Anything else to be designed by a qualified engineer licensed in the State of Colorado. 2. These charts are based upon a design of 80 MPH Basic Wind Speed, Exposure "C", Importance Factor 1.0 (2009 IBC) 3. Tube steel poles are assumed to be a minimum wall thickness. A46 Steel. 4. Foundations are assumed to be 2000 PSI minimum concrete strength. 5. This chart allows for a minimum clearance between the pole and the soil of 2". 6. Foundation is conservatively designed so soil strength to exceed the yield strength of the tube steel pole. 7. Excavation for foundation shall be in undisturbed native soil. [][] [ (y)1131 International Building Code (x) Subsection 112.of the ] (I.B.C.) I.B.C. is amended to read as follows: [] 112113.1 General. "In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this code, except for those concerning Appendix H of the I.B.C., there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the governing body and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business." [] (z) (y) Appendix H of the I.B.C. is amended by the addition thereto of a [] , H100 new section H100.1 entitled "Board of Appeals." H100.1 Board of Appeals. "In order to provide for reasonable interpretation of the provisions of Appendix H of this code, there is hereby established a Sign Board of Appeals to perform the functions set forth in Chapter 1 of Title IV of the Pueblo Municipal Code, as amended. The Sign Board of Appeals established by Resolution No. 8588 of the City Council shall continue to serve as the Sign Board of Appeals hereunder, and the duly appointed members thereof on the date of passage of the ordinance adopting this provision shall continue on said Board for the remainder of their respective terms." [] (aa) (z) Section H103 of Appendix H of the I.B.C., entitled "Location," is amended by the addition of new subsections H103.2, H103.2.1 and H103.2.2, entitled "Placement or Projection Over Public Property Prohibited." H103.2 Placement or Projection Over Public Property " Prohibited. Unless authorized by revocable permit issued pursuant to Section 16-9 of the Charter or Section 9-10-87 or 9-10-88 of the Pueblo Municipal Code, as amended, and notwithstanding any other provision of this code to the contrary, after the effective date of the ordinance adopting this section, no sign permit shall be granted for, nor shall any sign be placed upon or project over, any public street or alley. Unless authorized by revocable permit or Section 9-10-87 or 9-10-88 of the Pueblo Municipal Code, signs shall not be erected upon structures located within the public right-of-way. In the event any sign exists contrary to this provision on the date of enactment of this provision, it shall be deemed a nonconforming structure which shall be either removed or made to comply with Subsections H103.2.1 and H103.2.2. "H103.2.1. Signs or sign structures shall not project into a public alley below a height of 14 feet above grade, nor project more than 12 inches when the sign structure is located 14 feet to 16 feet above grade. The sign or sign structure may project not more than 36 inches into a public alley when the sign or sign structure is located more than 16 feet above grade. "H103.2.2. Signs shall not project within 2 feet of the curb line of any street or road." [] (bb) (aa) Subsection H110.1 of Appendix H of the I.B.C., entitled "General," is amended by deleting the last sentence of the first paragraph and by adding a second paragraph, to read as follows: H110.1 General. "Roof signs shall be constructed entirely of metal or other approved noncombustible material except as provided for in Sections H106.1.1 and H107.1. Provisions shall be made for electric grounding of metallic parts. Where combustible materials are permitted in letters or other ornamental features, wiring and tubing shall be kept free and insulated therefrom. Roof signs shall be so constructed as to leave a clear space of not less than 6 feet (1,829 mm) between the roof level and the lowest part of the sign and shall have at least 5 feet (1,524 mm) of clearance between the vertical supports thereof. Exception: "Signs on flat roofs with every part of the roof accessible. "Roof signs may project over public property only if authorized by revocable permit issued pursuant to Section 16-9 of the Charter or Section 9-10-88 of the Pueblo Municipal Code. Roof signs may project beyond a legal setback line if complying with the requirements specified in Section H103 and Section 17-4-31 of the Pueblo Municipal Code." SECTION 3. Sections 4-2-3 and 4-2-4 of the Pueblo Municipal Code are readopted without changes, to read as follows: Sec. 4-2-3. Responsibility for damages; liability of City. The provisions of this Chapter and the I.B.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. Neither the City, the Regional Building Department, nor any of its 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.B.C. or arising from the issuance or failure to issue any certificate of occupancy as herein provided. Sec. 4-2-4. Interpretation. Whenever in the International Building Code as adopted by Section 4-2-1 of this Code as amended by this Chapter or in any secondary code adopted thereunder or by this Code in the adoption of such International Building 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 Building Code and all secondary codes adopted thereunder or by this Chapter in the adoption of such International Building 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 4. Section 5, Chapter 2, of Title IV of the Pueblo Municipal Code is readopted without changes, to read as follows: Sec. 4-2-5. 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 Building 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 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 Building 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 maintained pursuant to any requirement of this Chapter or the International Building 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 International Building Code may be suspended, terminated or revoked by the Building Official for: (1) Any of the reasons stated in Subsection 105.6 of the International Building Code; or (2) Any material violation of the terms of said permit or requirements applicable thereof. (f) 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. (g) 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.B.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.B.C., license or permit. (h) 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 5. Section 6, of Title IV of the Pueblo Municipal code is readopted without changes, to read as follows: Sec. 4-2-6. Protection of the public during construction or demolition. To fully implement Section 3303 of the International Building Code, the following additional requirements shall be applicable to all construction or demolition activities adjacent to a public way or which require or involve any temporary occupancy of public property for fences, walkways or other protective devices: (1) Prior to issuance of any building or demolition permit under the International Building Code, the applicant shall submit complete plans and specifications for the work, together with a routing form provided by the Building Official, to the Director of Public Works and to the Traffic Engineer for review. The Director and Traffic Engineer shall thereupon make a preliminary determination whether Section 3303 of the International Building Code will require protection of pedestrians or any temporary use or closure of streets, alleys or sidewalks, and shall notify the applicant and Building Official of such determination, which shall also be recorded upon the routing form. Thereafter, the Building Official shall condition the issuance of any permit upon compliance with the requirements of Section 3303 of the International Building Code and this Section. (2) In the event that Section 3303 of the International Building Code or the terms of any building or demolition permit issued under the International Building Code at any time require the erection of any temporary walkway, fence or other protective device upon any street, alley, sidewalk or other public way, the permittee shall not erect same until a separate permit therefor shall have been first applied for and obtained from the Director of Public Works, in the same manner and with the same requirements applicable thereto, as applies for street or sidewalk excavations under Chapter 6 of Title XII of this Code. (3) In the event that Section 3303 of the International Building Code, the terms of any building or demolition permit, or public safety, as determined by the Traffic Engineer, requires the temporary closure of any street, alley or sidewalk, or any portion thereof, the permittee shall first make application therefore to the Traffic Engineer and shall comply with all requirements for barricades, flagging, warning devices and detour signage reasonably required by the Traffic Engineer pursuant to Title XV of this Code and the Model Traffic Code adopted therein. (4) Nothing in Subsection (1) above shall operate, nor shall it be construed to bar, estop or otherwise limit or restrict the authority of the Director, the Traffic Engineer or the Building Official to require, at any time, walkways or other protective measures to be provided in connection with any construction or demolition, notwithstanding that the same were not made a condition of any permit at the time of permit issuance. SECTION 6. Section 7, of Title IV of the Pueblo Municipal code is hereby deleted. [ Sec. 4-2-7. Amendments to minor code. Subsection 101.2, entitled “Scope” of the I.E.C.C. is amended by deleting the ] Exception. SECTION 7. A public hearing to consider the adoption of the 2009 International Building 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 Building 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 Building 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 Building Code. SECTION 10. The Council finds and declares that a certified true copy of the 2009 International Building 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 Building Code shall be kept in the office of the Building Official at the Pueblo Regional Building Department, 316 15 Street W, Pueblo, Colorado. Copies of the 2009 International Building 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 Building Code adopted herein. Any person found guilty of a violation of this Ordinance or of the International Building Code shall be punished as provided in Section 4 -2 -5 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 -2 -5 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 a - = Background Paper for Proposed ORDINANCE AGENDA ITEM # R-4 DATE: February 8, 2010 DEPARTMENTS: Pueblo Regional Building Department Law Department TITLE AN ORDINANCE AMENDING CHAPTER 2 OF TITLE IV OF THE PUEBLO MUNICIPAL CODE RELATING TO BUILDING REGULATIONS AND ADOPTING THE 2009 INTERNATIONAL BUILDING CODE PUBLISHED BY THE INTERNATIONAL CODE COUNCIL, INC; ADOPTING THE AMERICAN SOCIETY OF MECHANICAL ENGINEERS, ASME A17.1 SAFETY CODE FOR ELEVATORS AND ESCALATORS AND ASME A18.1 SAFETY STANDARDS FOR PLATFORM LIFTS AND STAIRWAY CHAIRLIFTS, AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF ISSUE Should the City adopt an ordinance adopting the 2009 International Building Code with certain amendments? The proposed Ordinance should be approved. BACKGROUND The International Code Council has adopted a new 2009 International Building Code, superseding the 2003 version of the International Building Code. The Pueblo Regional Building Department wishes to adopt the current 2009 version with certain amendments designed to adapt the Code to local customs and conditions. FINANCIAL IMPACT The Ordinance is revenue neutral.