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HomeMy WebLinkAbout11209Docusign Envelope ID: 3A779A74-2B3E-8D2B-838B-9D71949E53A7 ORDINANCE NO. 11209 AN ORDINANCE REPEALING CHAPTER 2, TITLE III OF THE PUEBLO MUNICIPAL CODE RELATING TO AND ADOPTING A NEW CHAPTER 2, TITLE III OF THE 2021 INTERNATIONAL FIRE CODE PUBLISHED BY THE INTERNATIONAL CODE COUNCIL, INC., 4051 FLOSSMOOR ROAD, COUNTRY CLUB HILLS, IL 60478, ALONG WITH CERTAIN AMENDMENTS THERETO AND PROVIDING REMEDIES AND PENALTIES FOR THE VIOLATION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. Title III of the Pueblo Municipal Code is hereby amended by the repeal of the current Chapter 2 and the enactment of the following new Chapter 2: Article II - International Fire Code Sec. 3-2-21. - Legislative findings; International Fire Code adoption by reference. (a) Legislative findings. (1) City Council hereby finds and declares that there are numerous fire, chemical and explosive risks within the City which affect or are likely to adversely affect public health, safety and welfare. To correct and prevent the existence of such adverse conditions and to achieve and maintain such levels of fire prevention and fire safety as will protect and promote public health, safety and welfare, the establishment and adoption of the 2021 International Fire Code is necessary. (2) The purpose of this Chapter is to protect public health, safety and welfare from the adverse effects of fire, explosions and chemical spills. (3) The 2021 International Fire Code provides reasonable and nationally recognized standards for fire prevention and safety. (b) International Fire Code adopted by reference. The International Fire Code, 2021 Edition, including the appendices thereto, promulgated and published by the International Code Council, Inc., 4051 Flossmoor Road, Country Club Hills, IL, 60478, November 2020, hereinafter referred to as the International Fire Code (IFC), is hereby adopted and enacted by reference as the fire prevention code of the City; provided, however, that the following portions or provisions thereof are not hereby adopted: (a) the Preface, (b) the sample form of ordinance adopting the I.F.C., (c) Appendix A, Board of Appeals, (d) Appendix E, Hazard Categories, (e) Appendix G, Cryogenic Fluids, (f) Appendix J, Building Information Sign, and (g) Appendix L, Requirements for Fire Fighter Air Replenishment Systems. Whenever this Code refers to the "International Fire Code" Docusign Envelope ID: 3A779A74-2B3E-8D2B-838B-9D71949E53A7 or "I.F.C.," the reference shall be taken to mean the International Fire Code, 2021 Edition, as adopted and amended in this Chapter. (c) Copies of the I.F.C., 2021 Edition, are available in the office of the Fire Inspector for the City of Pueblo, 1551 Bonforte Blvd., Pueblo, CO, 81001 for distribution and sale to the public. Sec. 3-2-22. - Division of Fire Prevention; establishment; supervisor. Sections 103.1, 103.2, and 103.3 of the I.F.C. are amended as follows: The International Fire Code and this Article II shall be enforced by the Division of Fire Prevention in the Fire Department of the City, which is hereby established and which shall be operated under the supervision of the Chief of the Fire Department. The Chief of the Fire Department may assign one (1) assistant or deputy chief as the head of the Division of Fire Prevention, and such other members of the Fire Department as inspectors from time to time as he or she shall deem necessary. The Chief, the head of the Division of Fire Prevention and such assigned inspectors shall be vested with the authority of a police officer with respect to the enforcement of this Article and the International Fire Code, including the authority to issue a summons and complaint for violation thereof. Sec. 3-2-23. - Dual coverage; most restricted governs. If any section or sections contained in the International Fire Code are also covered by a section or sections of the International Building Code, the National Electrical Code, or other International Code Council, as the same may be now or hereafter altered, amended or adopted, the most restricted provision or that imposing the highest standard shall govern. Section 102.7 is repealed. Sec. 3-2-24 -Definitions. (a) In General: Any reference to jurisdiction in the I.F.C. shall be the City of Pueblo, including Pueblo Memorial Airport, and Pueblo Mountain Park, any reference to agency, bureau or department shall refer to the City of Pueblo Fire Department. Any reference to the Code Official or Fire Code Official in the I.F.C. shall mean the Chief of the Fire Department and any inspector or Assistant or Deputy Chief as assigned by the Chief of the Fire Department. Any reference to codes outside of the I.F.C. refers to those codes adopted by the City of Pueblo. (b) AGENCY. Wherever the word "agency" is used in the International Fire Code, it shall be held to mean the Division of Fire Prevention of the City of Pueblo Fire Department. (c) DEPARTMENT. Wherever the words "department" are used in the International Fire Code, it shall be held to mean the City of Pueblo Fire Department. Docusign Envelope ID: 3A779A74-2B3E-8D2B-838B-9D71949E53A7 (d) FIRE CODE OFFICIAL. Wherever the word "fire code official" is used in the International Fire Code, it shall be held to mean the Chief of the Fire Department or any Assistant Chief, Deputy City or Inspector as assigned by the Chief of the Fire Department. (e) JURISDICTION. Wherever the word 'jurisdiction" is used in the International Fire Code, it shall be held to mean the City of Pueblo and those areas outside the city limits but within Pueblo County for which the Pueblo City Fire Department is responsible. (f) Section 202 General Definitions shall include the following definitions- 1 . BONFIRE. An outdoor fire utilized for ceremonial purposes. An outdoor fire, greater than 3 feet in diameter and 2 feet in height, utilized for any religious, celebratory, or similar purpose. 2. EMERGENCY VEHICLE ACCESS. A continuous and unobstructed paved or otherwise approved way of ingress and egress from a public roadway to a development specifically intended for the use of emergency service vehicles and not the general public. 3. FLAME EFFECTS. The combustion of flammable solids, liquids, or gases to produce thermal, physical, visual, or audible phenomena before an audience. Sec. 3-2-25. - Board of Appeals. Section 111 of the International Fire Code as amended and adopted by the City is hereby deleted in its entirety and amended to read as follows: (a) Any person aggrieved by any ruling, decision, interpretation or order of the Fire Chief, the Deputy or Assistant Fire Chief in charge of fire prevention or the Fire Department, shall have the right to appeal to the Fire Board of Appeals, which is hereby created. (b) Board Membership: The Fire Board of Appeals shall consist of five (5) members who shall be qualified by experience or training in Pueblo fire safety or related matters. The Fire Chief shall be a nonvoting ex officio member and shall act as secretary of the Board. The Board of Appeals shall be appointed by the Mayor, subject to City Council confirmation, for such terms and upon such conditions as shall be set forth by the Mayor. The Board members shall serve at the pleasure of the Mayor. (c) Rules of Proceedings: The Board shall adopt reasonable rules and regulations for conducting its proceedings and shall render all decisions and findings in writing to the Fire Chief, with a duplicate copy to the appellant, and may recommend to the Mayor such new legislation as the Board may deem necessary. (d) Filing an Appeal: Any aggrieved person appealing any ruling, decision, interpretation or order shall file a written appeal setting forth the grounds and reasons for such appeal with the Fire Chief within fourteen (14) days from the date of such ruling, interpretation, order or decision which is being appealed. Docusign Envelope ID: 3A779A74-2B3E-8D2B-838B-9D71949E53A7 (e) Hearing: If such notice is timely filed, the Board of Appeals shall set a time and place for a hearing and, by first class mail, postage prepaid, notify the party filing the appeal. The date of the hearing shall be not more than twenty-one (21) days after the filing of the appeal. The hearing shall be open to the public and all interested persons shall be heard. The Board of Appeals, by majority vote of the members present, shall affirm, modify or reverse any appealed ruling, interpretation, order or decision of the Fire Chief, the Deputy or Assistant Fire Chief for fire prevention or the Fire Department. The Board of Appeals may permit a variance from the strict terms and provisions of this Chapter or the International Fire Code as adopted by the City in order to avoid extreme hardship, provided that such variance can be made without increasing the hazards to the health or safety of persons or property, and further provided that the granting of such variance will not violate the intent and purposes of the fire code. Mere inconvenience to the appellant shall not be grounds for the granting of a variance. Sec. 3-2-26. - Additional modifications to the International Fire Code. The following Sections or Subsections of the International Fire Code and Appendices thereto, as adopted by this Chapter, are amended as follows- (1) Subsection 104.1.1 is amended to read as follows: Subsection 104.1.1 Minimum standards. Where any provision of this code makes a reference to a "minimum" or "not less than" specification, to include any measurements, dimensions or distances; the fire code official is authorized to require, and shall have the authority to require, that those specifications be modified including increasing or enlargement when, given the attendant circumstance, the minimum standards do not meet the intent and purpose of this code, or would cause an unsafe condition. (2) Subsection 105.5.16 is amended to include fireworks. (3) Subsection 105.5.48 is amended to read as follows: 105.5.48 Storage of scrap tires and tire byproducts. An operational permit is required to establish, conduct or maintain storage of scrap tires and tire byproducts that exceeds 2,500 cubic feet (71 m2) of total volume of scrap tires, and for indoor or outdoor storage of tires and tire byproducts. (4) Subsection 107.2 is amended to read as follows: 107.2 Schedule of permit or related fees. Where a permit, plan review, inspection, service or activity is required, a fee for each of these shall be paid as required, in accordance with the schedule as established by the applicable governing authority. (5) Subsection 107.2.1 is amended to read as follows: 107.2.1 Fees established by resolution. The fees for operational permits, construction permits, plan review and all other services or activities performed by the Fire Department or the fire code official shall be established by resolution adopted by the City Council. Docusign Envelope ID: 3A779A74-2B3E-8D2B-838B-9D71949E53A7 (6) Subsection 107.5.1 is amended to read as follows: 107.5.1 Plan review and inspection fees. Whenever an application for any building permit pursuant to the International Building Code or Chapter 2 of Title IV of the Pueblo Municipal Code requires plan review for compliance with the International Fire Code, or any inspection or reinspection by the fire code official, the applicant shall be required to pay a plan review and/or inspection fee to the City. (7) Subsection 107.6 is amended to read as follows: 107.6 Fees prorated or refunded. Unless specifically provided otherwise in this fire prevention code or Title III of the Pueblo Municipal Code, no fee or charge shall be prorated or refunded. (8) Subsection 109.3.1 is amended to read as follows: 109.3.1 Inspection, Test and Maintenance Records. All inspection, test, and maintenance reports to include repairs related to the requirements of this code shall be filed within 7 days of the system inspection, test, or maintenance. The reports shall be filed with an approved third -party agency designated by the fire code official, using the format and electronic filing system specified by the third -party filing service. Any filing and reporting costs will be the responsibility of the licensed submitting contractor. Failure to utilize the designated reporting system within 30 days may result in re -inspection fees, revocation of licensure, and/or a court summons to the fire protection contractor. (9) Subsection 113.4 is amended to read as follows: 113.4 Failure to comply. It is unlawful for any person to continue, after having been served with a stop order that directs that person to perform or to remove a violation or unsafe condition. It is a Class one municipal offense for persons operating or maintaining an occupancy, premises, or vehicle subject to this code who allow a hazard to exist or fail to take immediate action to abate a hazard on such occupancy, premises, or vehicle when ordered or notified to do so by the code official. (10) Subsection 113.5 is amended to read as follows: 113.5 Penalties. It is unlawful for any person to violate any of the provisions of this part including any provisions of the International Fire Code, International Fire Code Appendices, and International Fire Code Amendments, as adopted. All penalties are defined further in this code. (11) Subsection 1101.1 is amended to read as follows: 1101.1 Scope. The provisions of this chapter shall apply to existing buildings constructed prior to the adoption of this code. Except that if an existing building contains in whole or in part, an Ambulatory Care Facility, the provisions of Appendix K, as adopted, shall also apply. (12) Paragraph 1 of Subsection 3103.2 is amended to read as follows: Docusign Envelope ID: 3A779A74-2B3E-8D2B-838B-9D71949E53A7 3103.2 Approval Required. Tents and membrane structures having a tent or membrane surface area in excess of 600 square feet (56 m2) or having an occupancy of more than fifty (50) persons shall not be erected, operated or maintained for any purpose without first obtaining a permit and approval from the fire code official. (13) Subsection D101.1 of Appendix D is amended to read as follows: D101.1.1 Road design and construction. approved fire apparatus access roads shall be in accordance with this appendix and/or the most recent Roadway Classification Design Standards and Policies adopted by City Council pursuant to the authority of Section 12- 4-7 of the Pueblo Municipal Code, as amended. Where, in any specific case, different material, methods of construction or other requirements are specified, the most restrictive shall apply/govern. Sec. 3-2-27. - Responsibility for damages; liability of City. (a) The provisions of this Chapter and the I.F.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. (b) Nothing in this Chapter or the I.F.C. is intended to create any duty upon the City, the Pueblo Fire Department or either of their agents or employees. Neither the City nor any of its agents or employees will be held liable for any injury to persons or damage to property by reason of any act or failure to perform any act authorized or required by this Chapter or the I.F.C. Sec. 3-2-28. - Unlawful conduct and criminal penalties; revocation of permits; other enforcement. (a) Subsection 112.1 is amended to read as follows: 112.1 Unlawful acts. It shall be unlawful, and a Class one municipal offense, for a person, firm or corporation to erect, construct, alter, repair, remove, demolish or utilize a building, occupancy, premises or system regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code. (b) Subsection 112.4 is amended to read as follows: 112.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a Class one municipal offense. Each day that a violation continues after due notice has been served shall be deemed a separate offense. (c) Subsection 112.4.1 is amended to read as follows: Docusign Envelope ID: 3A779A74-2B3E-8D2B-838B-9D71949E53A7 112.4.1 Abatement of violation. In addition to the imposition of the penalties herein described, the fire code official is authorized to institute appropriate action to prevent unlawful construction or to restrain, correct or abate a violation; or to prevent illegal occupancy of a structure or premises; or to stop an illegal act, conduct of business or occupancy of a structure on or about any premises. (d) It shall be unlawful 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 Fire Code. (e) It shall be unlawful for any person to refuse or fail to timely comply with any order issued by the Chief of the Fire Department, the head of the Division of Fire Prevention or other designated fire inspector pursuant to the provisions of this Chapter or the International Fire Code. (f) It shall be unlawful 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 Fire Code. (g) Any permit issued pursuant to the provisions of this Chapter or the International Fire Code may be suspended, terminated or revoked by the Chief of the Fire Department for: (1) Any of the reasons stated in Section 105 of the International Fire Code; or (2) Any material violation of the terms of said permit or requirements applicable thereto. In addition, the Chief may immediately suspend any permit issued pursuant to Title III of the Pueblo Municipal Code upon the arrest of any permittee or any agent or employee of such permittee for possession of fireworks with intent to sell or offer to sell the same. (h) In the event any owner or occupant of premises within the City shall refuse entry to the Chief or any fire inspector, or if any premises are locked and the Chief or any fire inspector has been unable to obtain permission of the owner or occupant to enter, the Municipal Court is authorized to issue a search warrant authorizing such entry in accordance with the procedures set forth in the Colorado Municipal Court Rules. (i) In the event that any owner or occupant of premises within the City, or any licensee or permittee, shall fail or refuse to comply with any provision of this Chapter, the International Fire Code or any license or permit issued thereunder, the City may initiate an action for injunctive relief in any court of competent jurisdiction to compel compliance with said Chapter, International Fire Code, license or permit. 0) The enforcement remedies set forth in this Section and in Section 112 of the International Fire Code are hereby expressly declared to be cumulative, and the exercise of any one (1) or more of them is not dependent upon the exercise of any other remedy, nor does the exercise of any one (1) or more of them constitute any bar or limitation to the exercise of any other. Docusign Envelope ID: 3A779A74-2B3E-8D2B-838B-9D71949E53A7 (k) All violations of this code are Class one municipal offense unless otherwise specified. Violations of this Article II of Chapter 2 of Title III are a public nuisance. SECTION 2. The officers and staff of the City are authorized and directed to perform any and all acts consistent with the intent of this Ordinance to effectuate the policies and procedures described herein. SECTION 3. This Ordinance shall become effective thirty (30) days following final passage. Action by City Council: Introduced and initial adoption of Ordinance by City Council on June 8, 2026. Final adoption of Ordinance by City Council on June 22, 2026. Action by the Mayor: q Approved on 06/24/2026 ❑ Disapproved on DocuSigned by: President of City Council based on the following objections: 'LSigned by: C4 G�k wu` taY Mayor Docusign Envelope ID: 3A779A74-2B3E-8D2B-838B-9D71949E53A7 Action by City Council After Disapproval by the Mayor: ❑ Council did not act to override the Mayor's veto. ❑ Ordinance re -adopted on a vote of We ❑ Council action on failed to override the Mayor's veto. President of City Council ATTEST Do"Signedby: i;42 11"41- City Clerk Docusign Envelope ID: 3A779A74-2B3E-8D2B-838B-9D71949E53A7 City Clerk's Office Item # S13 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: June 22, 2026 TO: President Mark Aliff and Members of City Council CC: Mayor Heather Graham VIA: Clyde Bishop, City Clerk FROM: Elizabeth Drake, Assistant City Attorney Barb Huber, Fire Chief SUBJECT: AN ORDINANCE REPEALING CHAPTER 2, TITLE III OF THE PUEBLO MUNICIPAL CODE RELATING TO AND ADOPTING A NEW CHAPTER 2, TITLE III OF THE 2021 INTERNATIONAL FIRE CODE PUBLISHED BY THE INTERNATIONAL CODE COUNCIL, INC., 4051 FLOSSMOOR ROAD, COUNTRY CLUB HILLS, IL 60478, ALONG WITH CERTAIN AMENDMENTS THERETO AND PROVIDING REMEDIES AND PENALTIES FOR THE VIOLATION THEREOF SUMMARY: Attached is an Ordinance which adopts the 2021 International Fire Code. It repeals the current Fire Code as codified in Chapter 2 of Title III of the Pueblo Municipal Code and replaces it with a new chapter to more closely track the rules and regulations as set out in the most current International Fire Code (I.F.C.). PREVIOUS COUNCIL ACTION: Article II of Title III (International Fire Code) was first adopted in 1957. Periodically, the City Council has adopted updated versions of the International Fire Code with minor amendments, most recently in 2015. The Council adopted the 2015 International Fire Code on July 13, 2015, by Ordinance No. 8900. BACKGROUND: The International Fire Code addresses life safety, fire prevention, fire protection and the safe storage and use of hazardous materials both on land and also within those new and existing buildings. The proposed Ordinance adopts the 2021 International Fire Code with minor amendments to include some appendices which together shall regulate the minimum fire Docusign Envelope ID: 3A779A74-2B3E-8D2B-838B-9D71949E53A7 safety requirements for new and existing sites, buildings, facilities, storage, processes and practices within the jurisdiction. Adoption of this version of the International Fire Code will align with those most recent adoptions of the following interconnected construction codes- * 2021 International Building Code, 2021 International Energy Conservation Code, 2021 International Existing Building Code, (Ordinance No. 10466). 0 2021 International Mechanical Code, 2021 International Fuel and Gas Code, (Ordinance No. 10467). 0 2021 International Plumbing Code, 2021 International Residential Code, 2021 International Swimming Pool and Spa Code, (Ordinance No. 10684). Adoption of this version avoids additional requirements that will apply if the Code is adopted on or after July 1, 2026. This new revision will separate ordinances involving the Fire Department outside the I.F.C. into a different section to allow for easier revisions in the future such as offenses on burn restrictions and fees. FINANCIAL IMPLICATIONS: Adopting the code has no cost to City. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: A county wide group of fire officials, to include Pueblo City Fire, Pueblo West Fire, Pueblo Rural Fire, Rye Fire, Beulah Fire, Pueblo County Emergency Services Bureau, have met with members of the Southern Colorado Building Department, formally the Pueblo Regional Building Department, periodically over the past few years to review the codes and make recommendations on amendments in order to achieve the best possible consistency regarding code requirements for all our citizens throughout Pueblo County, the City of Pueblo and the combined Pueblo metropolitan areas. Additionally, changes have been reviewed by the Director of Public Works. ALTERNATIVES: Failure to enact this Ordinance will result in the City continuing to operate under an outdated Fire Code. Not acting would also perpetuate a conflict between the adopted 2021 interconnected construction codes and our current Fire Code. This could result in the lowering of the Department's Insurance Services Office, Inc. ("ISO") rating. RECOMMENDATION: Approve the Ordinance. ATTACHMENTS: Docusign Envelope ID: 3A779A74-2B3E-8D2B-838B-9D71949E53A7 Ordinance Ordinance (redlined)