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Home My WebLink About11221Docusign Envelope ID: 9F4A55FD-228F-8271-81F8-244ABB1A9D52 ORDINANCE NO. 11221 AN ORDINANCE TO APPROVE A MEMORANDUM OF UNDERSTANDING BETWEEN THE STATE OF COLORADO DEPARTMENT OF PUBLIC SAFETY AND THE PUEBLO FIRE DEPARTMENT ALLOWING THE AUTHORITY HAVING JURISDICTION ("AHJ") OVER STATE OF COLORADO DEPARTMENT OF PUBLIC SAFETY FACILITIES OPERATIONS IN PUEBLO CITY LIMITS FOR BUILDING CONSTRUCTION PLAN REVIEW AND RELATED INSPECTIONS, FIRE SAFETY INSPECTIONS, AND FIRE SAFETY PERMITS AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The MOU between the State of Colorado Department of Public Safety and The Pueblo Fire Department, a copy of which is attached hereto and incorporated herein, is approved. SECTION 2. The Mayor is hereby authorized to execute the Agreement in the name and on behalf of the City of Pueblo, where the Mayor may execute the Agreement by electronic signature and such electronic signature shall be attributable to the Mayor and the City of Pueblo. SECTION 3. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance and the attached Agreements to effectuate the transactions described therein. SECTION 4. If any section, paragraph, clause, or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause, or provision shall not affect any of the remaining provisions of this Ordinance. SECTION 5. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on June 22, 2026. Final adoption of Ordinance by City Council on July 13,2026„ DocuSignedby: President of City Council Docusign Envelope ID: 9F4A55FD-228F-8271-81F8-244ABB1A9D52 Action by the Mayor: ® Approved on 07/17/2026 ❑ Disapproved on based on the following objections: Mayor 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 on ❑ Council action on failed to override the Mayor's veto. President of City Council ATTEST Signed by: NUrn Gt.ln PcUt t Deputy City Cir Docusign Envelope ID: 9F4A55FD-228F-8271-81F8-244ABB1A9D52 City Clerk's Office Item # S8 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: July 13, 2026 TO: President Mark Aliff and Members of City Council CC: Mayor Heather Graham VIA: Clyde Bishop, City Clerk FROM: Barb Huber, Fire Chief SUBJECT: AN ORDINANCE TO APPROVE A MEMORANDUM OF UNDERSTANDING BETWEEN THE STATE OF COLORADO DEPARTMENT OF PUBLIC SAFETY AND THE PUEBLO FIRE DEPARTMENT ALLOWING THE AUTHORITY HAVING JURISDICTION ("AHJ") OVER STATE OF COLORADO DEPARTMENT OF PUBLIC SAFETY FACILITIES OPERATIONS IN PUEBLO CITY LIMITS FOR BUILDING CONSTRUCTION PLAN REVIEW AND RELATED INSPECTIONS, FIRE SAFETY INSPECTIONS, AND FIRE SAFETY PERMITS AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME SUMMARY: This Ordinance approves a MOU between the State of colorado Department of Public Safety and the Pueblo Fire Department and the AHJ for the life -safety services provided by AHJ for the best interest of the people served by the State of Colorado Department of Public Safety facilities that AHJ provide all review, inspections and oversight for fire and related life -safety issues for these facilities PREVIOUS COUNCIL ACTION: None, BACKGROUND: The State of Colorado Department of Public Safety and the Pueblo Fire Department facilities are located in the City of Pueblo which fall under the State of Colorado Department of Public Safety jurisdiction. FINANCIAL IMPLICATIONS: The cost of compliance with the MOU for building construction review and related Docusign Envelope ID: 9F4A55FD-228F-8271-81F8-244ABB1A9D52 inspections, fire safety inspections, and fire safety permits as provided in the MOU. BOARDICOMMI SSIO�N RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: Not applicable to this Ordinance. RECOIV ME'NIAATIOI I: Passage of the Ordinance. ATTACHMENTS: 1. MOU 2026 Pueblo 2 Docusign Envelope ID: C675DB7C-819C-86B0-8066-F9CBB310DC4E MEMORANDUM OF UNDERSTANDING BETWEEN THE STATE OF COLORADO DEPARTMENT OF PUBLIC SAFETY AND THE PUEBLO FIRE DEPARTMENT WHEREAS the State of Colorado facilities that are located within the City and County of Pueblo Fire Department fall under the jurisdiction of the Pueblo Fire Department, the State of Colorado Department of Public Safety recognizes the life -safety services provided by the Pueblo Fire Department and therefore affirms that it is in the best interest of the State of Colorado Department of Public Safety and the people served by State of Colorado Department of Public Safety facilities that the Pueblo Fire Department provide all reviews, inspections, and oversight for fire and related life -safety issues for these facilities. The State of Colorado and the Pueblo Fire Department enter into this "Memorandum of Understanding" to define the services provided by the Pueblo Fire Department for the protection of the State of Colorado Department of Public Safety facilities, and to acknowledge that the State of Colorado Department of Public Safety has an obligation to abide by the decisions made by the Pueblo Fire Department in the following areas governed by life safety and fire safety codes: Building Construction Plan Review and Related Inspections (fire and related life safety issues) - review and approval of plans for new construction and/or renovation of existing buildings or portions thereof. Fire Safety Inspections - annual property inspections conducted by Pueblo Fire Department Fire Prevention personnel. • Fire Safety Permits - review and issuance of official permits to authorize use, handling, storage, manufacturing, occupancy or control of specific hazardous operations and conditions. The numbered points below are not an exhaustive list of topics included in the Pueblo Fire Department Fire Code but represent the key points on which understanding between the parties of this MOU is critical. 1. The Pueblo Fire Department has adopted the 2021 International Fire Code, 2026 Pueblo Fire Department Amendments to the 2021 International Fire Code, and referenced life - safety related standards, all of which, taken together, are known as the "Pueblo Fire Department Fire Code." The State of Colorado Department of Public Safety accepts this code as the standard to be used for State properties within the City and County of Pueblo Fire Department and recognizes the rights of the City and County of Pueblo Fire Department, to adopt changes and/or newer versions of fire and life -safety codes, standards and amendments. MOU Page 1 of 4 Docusign Envelope ID: C675DB7C-819C-86B0-8066-F9CBB310DC4E 2. The State of Colorado Department of Public Safety shall submit all building plans for any new or extensively remodeled or renovated building to the Pueblo Fire Department for review, comment and approval, and the State of Colorado Department of Public Safety or the project owner or agent shall submit any required fees for plan review for fire and related life safety issues and inspections that are required by the Pueblo Fire Department . 3. Installation work and inspections on fire -safety systems for the State of Colorado Department of Public Safety must be carried out by technicians holding a current license issued by the Pueblo Fire Department. 4. The State of Colorado Department of Public Safety shall obtain permission to occupy any new or extensively renovated building or building areas from the Pueblo Fire Department when the construction or renovation work is substantially complete and safe to occupy. Then the Department of Public Safety will issue the Notice of Approval of Occupancy/Use. 5. The State of Colorado Department of Public Safety recognizes the Pueblo Fire Department 's right and authority to perform annual fire safety inspections of existing structures within the City and County of Pueblo Fire Department and to require and issue Fire Safety Permits. 6. The State of Colorado Department of Public Safety will work with any building facility tenant that is producing, using or storing hazardous materials to ensure that they obtain and meet the conditions of the appropriate HAZMAT permit(s). Those conditions include (1) submitting an annual inventory of hazardous materials that is in compliance and compatible with Pueblo Fire Department's Hazardous Material Information Statement.) and (2) providing a Hazardous Material Management Plan (HMMP), which includes a facility site plan designating the locations and types of hazards and emergency equipment. Pueblo Fire Department will utilize this information for SARA Title III - Tier II reporting. 7. State of Colorado Department of Public Safety will mandate that State of Colorado Department of Public Safety and contractors provide timely notification to the Pueblo Fire Department whenever confined space entry is planned, once the applicable Pueblo Fire Department permit(s) is (are) in place. 8. State of Colorado Department of Public Safety will mandate that State of Colorado Department of Public Safety and contractors provide timely notification to the Pueblo Fire Department when asbestos special hazard procedures are needed. State of Colorado Department of Public Safety will follow State of Colorado Department of Public Health and Environment requirements. 9. State of Colorado Department of Public Safety will adhere to all Pueblo Fire Department requirements and procedures for instituting a fire watch when critical components of a building's life -safety system(s) become disabled or an unsafe condition exists within a building. The applicable Pueblo Fire Department Fire Safety Permit(s) shall be in place. 10. State of Colorado Department of Public Safety shall notify Pueblo Fire Department of any activities or events that entail an activity or use that goes beyond the designed/approved occupancy use of the space or the area (i.e., large open house, outdoor fairs or events that MOU Page 2 of 4 Docusign Envelope ID: C675DB7C-819C-86B0-8066-F9CBB310DC4E may have a negative impact on emergency vehicle access, or outdoor vendors using regulated materials such as LPG, flammable or combustible fuels, electrical generators, etc.) and shall have applicable fire safety permit(s) in place. 11. If the Pueblo Fire Department , during one of its visits or inspections, notes or discovers any life -safety concern that is outside of the reviews that are done in conjunction with a construction project, then the Pueblo Fire Department will call the issue/concern to the attention of State of Colorado Department of Personnel and Administration. All reports summarizing the annual fire safety inspection also shall be submitted to State of Colorado Department of Personnel and Administration. State of Colorado Department of Public Safety and Pueblo Fire Department agree that correction of inspection deficiencies is dependent on funding availability. MOU Page 3 of 4 Docusign Envelope ID: C675DB7C-819C-86B0-8066-F9CBB310DC4E SIGNATURE PAGE This memorandum of understanding has been reviewed and found acceptable by both the State of Colorado Department of Public Safety and the Pueblo Fire Department. STATE OF COLORADO Department of Public Safety LlocuSigned by: By: Kevin Rants, CAO Date: 07/21/2026 1 2:34:02 PM MDT MOU Page 4 of 4 STATE OF COLORADO Pueblo Fire Department l-Signed by: u"�[AQAQ By: Heather Graham, Mayor of Pueblo Date: 07/16/2026