HomeMy WebLinkAbout2015 Ordinance No. 021•
BY AUTHORITY
ORDINANCE NO. ,J/
SERJES OF 2015
COUNCil, Bil,L NO. 19
INTRODUCEDBYCOUNCil,
MEMBER JEFFERSON
AN ORDINANCE TO REVISE THE ENGLEWOOD MUNICIPAL CODE 2000 TO
COORDINATE WITH CITY COUNCIL'S DECISION TO CONTRACT WITH DENVER FOR
FIRE AND AMBULANCE SERVICES IN THE CITY OF ENGLEWOOD, COLORADO
WHEREAS, the Englewood Home Rule Charter Section 119 sets forth "Council shall
provide, by ordinance, Fire, Police and Health services for the preservation of public property,
health, peace and safety, including the prevention of crime, the apprehension of criminals, the
protection of property and the rights of persons, the enforcement oflaws of the State and the
ordinances of the City, and such other functions as Council and the City Manager may
prescribe."; and
WHEREAS, the Englewood Municipal Code Title 1-60-1 sets forth the General
Responsibilities of the Fire Department; and
WHEREAS, the Englewood Municipal Code Title 1, Chapter 6, Section 2, of the
Departmental Organi7.ation; and
WHEREAS, the Englewood Municipal Code Title 7-7 provides for Public Aid, Mutual and
Emergency Response; and
WHEREAS, the Englewood Municipal Code Title 8, Chapter 2E, Section 2, of the Fire Code,·
and
WHEREAS, the Englewood Municipal Code Title 5, Chapter 10, Section 4C, of the
Sanitation and Fire Provisions.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COlJNCil, OF THE CITY OF
ENGLEWOOD, COLORADO, TIIAT:
Section I. The City Council of the City of Englewood, Colorado hereby authorizes amending
Title 1, Chapter 60, Section 1, entitled General Responsibilities of the Englewood Municipal
Code 2000, to read as follows:
1-60-1: GENERAL RESPONSIBILITIES.
The Fire Department shall oversee all fire-related functions including suppression, prevention,
administration, rescue and ambulance services, enforcement of regulatory provisions, formulate
and control a hazardous materials community response plan and training. The F-iH Deportment
shal-1 alee e•.•effiee all f:lmetiees ef ~e SuilEliBg aaEl Safet-y Di-visioa.
1
11 b ii
Section 2. The City Council of the City of Englewood, Colorado hereby authorizes am.ending
Title 1, Chapter 6, Section 2, entitled Departmental Organization of the Englewood Municipal
Code 2000, to read as follows:
1-~2: Departmental Organization:
A. The departmental organi7.ation of the City shall be divided under the City Manager into the
following departments:
Community Development
Finance and Administration Services
Fire Department
Human Resources
Information Technology
Library Services
Parks and Recreation
Police Department
Public Works
Utilities
B. Reference to a department director in this Code by any title other than set forth in this
Section shall be construed to ref er to the department director as set forth herein.
C. Toe City Manager may, on a temporary basis, reassign duties and responsibilities to
departments in the best interests of the City.
Section 3. The City Council of the City of Englewood, Colorado hereby authorizes am.ending
Title 7, Chapter 7, Section 1, entitled Public Aid, Mutual Aid and Emergency Response of the
Englewood Municipal Code 2000, to read as follows:
7-7: PUBLIC AID, MUTUAL AID AND EMERGENCY RESPONSE.
7-7-1: Duty of Citizens to Aid.
It shall be the duty of all persons, when called upon by any police officer, to promptly aid and
assist such police officer in the discharge of his duties, and any person who shall fail to render
such aid and assistance shall be guilty of a violation of this Code.
7-7-2: Destruction of Property.
When a fire is in progress, the City Manager, or in his absence the highest ranking paid officer s2f -
any Fire Department in attendance, may order any building or buildings, fences or other
2
structures that are in close proximity to such fire to be tom down. blown up or otherwise
disposed of, if he deems it necessary for the purpose of controlling the progress or preventing the
spread of such fire.
7-7-3: Mutual Aid and Automatic Aid Agreements.
The City Council may enter into agreements with other cities, towns, fire protection districts,
corporations, or incorporated areas, relating to the mutual and/or automatic exchange of
assistance in fighting fires, but the City shall not answer any call which is outside of the City
boundary unless such fire is one which is covered by such an agreement for mutual and/or
automatic assistance.
7-7-4: Emergency Response Authority.
A. The Emergency Response Authority for the City shall be the City Manager or designee
who shall exercise continuing supervisory authority for the cleanup and removal of the
hazardous substance involved in a hazardous substance incident.
B. The City is hereby authorized to claim reimbursement from the parties or person
responsible for a hazardous substance incident for the reasonable and documented costs
resulting from action taken to remove, contain, or otherwise mitigate the effects of such
incident not includi,ng costs necessary to extinguish a fire.
7-7-5: Establishment of Motor Vehicle Routes.
For vehicles transporting explosives, blasting agents, hazardous chemicals or other dangerous
articles, the routes for vehicles transporting explosives, blasting agents, dangerous chemicals or
other dangerous articles are hereby established as follows:
Santa Fe Drive
U.S. Highway 285, exclusively between the hours commencing at 10:00 P.M . and ending
at6:00A.M.
All operators of vehicles transporting explosives, blasting agents, hazardous/dangerous
chemicals or other hazardous/dangerous articles on a route other than as set forth in this Section
shall have documentation in their possession showing the point of origin and destination of the
vehicle and its contents in sufficient detail to justify the use of a route other than as set forth in
this Section. It is a violation of this Section to fail to produce such documentation to an officer of
Englewood and it shall also be a violation to be on a route other than as set forth herein without
said documentation.
7-7-6: Establishment of Fire Lanes.
A. Fire lanes shall be established on private property devoted to public use where the parking
of motor vehicles or other obstructions may interfere with the ingress and egress of fire
vehicles for the protection of persons and property, such as, but not limited to, shopping
centers, bowling establishments, theaters, hospitals, schools, churches and other similar
location where firefighting apparatus and equipment cannot be used effectively from
public access ways.
3
B. The City Manager or designee shall establish said fire lanes on premises heretofore set out
by filing a plat of said private premises in the City, specifically designating thereon the
width and route of such fire lanes as shall be essential for the necessary ingress, egress and
movement of fire equipment and apparatus within and upon said private premises.
C. Upon tiling the approval plat designating the necessary fire lanes and widths thereon with
the City, as provided herein, the City Manager or designee shall forthwith deliver a copy of
the same to the owner, operator, tenant or lessee in possession of said private property with
written notice, and order to proceed to make and post said fire lanes in conformance with
the Manual and Specifications of the State Department of Highways. Within forty-five (45)
days after notice, or such additional time as not to exceed forty-five (45) additional days,
the owner, operator, tenant or lessee in possession shall complete the necessary marking
and signing as required herein.
D. Failure of the owner, operator, tenant or lessee in possession to comply with the
requirement as set out in subsection C hereof shall be considered to be a violation of this
Code and may subject the owner, operator, tenant or lessee in possession to the penalties
prescribed in the Englewood Municipal Code.
E. The owner, operator, tenant or lessee in possession may appeal the order of the City
Manager as provided in this Article.
F. Appeals. When it is claimed that the provisions of this Article do not apply in the manner
in which the City Manager determines, or when it is claimed that the true intent and
meaning of this Article have been misconstrued or wrongly interpreted by the City
Manager, any owner of property aggrieved thereby may appeal from the decision of the
City Manager or designee to the Englewood Board of Adjustment and Appeals within
thirty (30) days from the date of the decision appealed, which Board shall review the
decision of the City Manager and render a final and binding decision thereupon. In
considering such appeals, the Englewood Board of Adjustment and Appeals shall have the
powers granted to the City Manager by this Article.
7-7-7: Emergency Medical Transport Fees.
A A fee shall be charged for any person transported by the Englewood Fire Division. The fee
established shall be the usual and customary charge for such service in this community.
B. "Transport" shall mean the actual physical transport from one place in or near the City to
another place by the use of transport equipment of the City of Englewood.
C. The City Manager shall cause to have promulgated in writing reasonable billing and
collection procedures.
~-AB. embtilBBee hi:Bmg Feview pO:Bel, eoesistmg of memhem ef the eeHIBHHlity aad City
slaff, sliall ee established ey the City J.IO:BageF to heBF iq:,peals aad pFetests, ftBd te make
adj~eBts to tfansfJelt fee eilliags whea deemed re~oeaele llftd Bl'll!fOJlriate. UBless
otherwise detBffBined, .faikH:e te pay the fee estaelished shall eoestiaHe a violiMiea of this
SeeHoa.
B. The effeeti1re date for implememiMien efthis Seetioe. ,vill ee J8ft\18tj' 1, 1995.
4
•
•
7-7-8: Vehicle Identification Fees.
A. A fee shall be charged by the City for the service of conducting certified and noncertified
inspections of vehicle identification numbers. The fee shall be set by Council resolution.
B. The Police Department shall establish a policy for checking vehicle identification numbers.
Section 4. The City Council of the City of Englewood, Colorado hereby authorizes amending
Title 8, Chapter 2E, Section 2, entitled Fire Code of the Englewood Municipal Code 2000, to
read as follows:
8-2E-1: Code Adopted.
There is hereby adopted, by reference thereto, the International Fire Code 2012 Edition, in its
entirety including errata updates, published as part of the Code, by the International Code
Council, Inc., 4051 West Flossmoor Road, Country Club Hills, Illinois 60478-5795, subject to
the exceptions, modifications and amendments set forth in Section 8-2E-2 of this Article. The
City Clerk shall maintain a copy of the Code and errata updates which will be available for
inspection during regular business hours.
8-2E-2: Specific Modifications to Adopted Code.
The following specific changes, modifications and amendments are hereby made in the
provisions of the International Fire Code 2012, hereinabove adopted:
A. CHAPTER 1-ADMINISTRATION.
1. 101.1 Tide. (Amended to read as follows)
These regulations shall be latown as the Fire Code of the City of Englewood, hereinafter
referred to as "this Code".
2. Section 102. Applicability. (Amended by the addition of a new subsection to read as
follows)
~~Application of Residential Code.
Where structures are designed and constructed in accordance with the International
Residential Code, the provisions of this Code shall apply as follows:
a. Construction and design provisions: Provisions of this Fire Code pertaining to the
exterior of the structure shall apply; including, but not limited to, premises
identification, fire apparatus access, and water supplies. Construction permits
required by Section 105 .7 of this Code shall apply for systems and equipment
utilized in the interior or exterior of the structure shall also apply.
b. Administrative, operational and maintenance provisions: All such provisions of this
Code shall apply.
5
References in this Fire Code to Group R-3 or U occupancies or one-family and two-family
dwellings and townhouses shall apply to structures under the scope of the International
Residential Code except as limited by this Section.
3. 103.3 Assistaet Deputy Fire Marshals. (Amend to read as follows)
In accordance with the prescribed procedures of this jurisdiction and with the concurrence
of the appointing authority, the fife eeEle effiaial City Manager shall have the authority to
appoint e 88sisleftt fife eede effieial dmw,v fire marshals, other related technical officers,
inspectors and other employees.
4. 104.6 Official Records. (Amended to read as follows)
The fife eeEle effieial Fire Marshal shall keep official records as required by Sections
104.6.1 through 104.6.4. Such official records shall be retained for as long as the structure
or activity to which such records relate remains in existence, unless otherwise provided by
other regulations.
104.lQ Fire Juvestjgations. <Amended to read as fqHows}
Denyer fire shall perform an cause and origin iny@igations in Englewood. consistent
with its investigative practices and procedures within Denver, Epglewogd Police will
facilitate any discussions necessary with officials ftom Arapahoe County and the 1sth
Judicial District and with the department 0{ Human Services and the Juvenile Court
system to allow Denyer to do arson investigations involving or resulting from the
commission of a crjminaJ act in Eng]ewood during the period of this Agreement, Denyer
Fire wiJl work in conjunction with Englewood Police in an investigations that are
suspected to be crjminat in natw;e. Englewood Police will be responsible for an criminal
processes resulting fi;om Penver fire investigation activities. and witt assist Denyer fire in
Us investigative actiyjties as max he requested by Denyer fire.
J 05, 1 General. The Fire Marshal shall implement. administrator and enforce the
proyjsions of this Code.
➔ 1-105.6 Required Operational Permits. (Delete SaeseetieBB 1Q5.6.l thfesgh 1Q5.6.13;
1Q5.e.15; lQS.6.17; lQS.6.18; 1Q5.e.2:Q t-hresgh 1Q5.e.25; 1Q5.6.27 thfeYg:h. lQS.6.29;
1Q5.eJ 1 thi:eagh 1Q5.e.35; 1Q5.6.37 lhfeugh 1Q5.6.42; ed 1Q5.6.44 thfeYg:h. lQS.6.46➔.
The Fire Marshal is authorized to issue operational permits as set forth in section JQ5.6,t
through 105.6.46.
6
· I
•
e j. Section 108 Board of Appeals. (Delete in its entirety and substitute the following)
Section 8-1-7 of the Englewood Municipal Code shall control the requirements of this
Section.
; :2-Section 109 Violations.
A. 109.4 Violation Penalties. (Amended to read as follows)
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 fife eede
effieial Fire Marshal. or a permit or certificate used under provisions of this Code,
shall be subject to penalties or other action in accordance with 8-1-9 EMC. Each day
that a violation continues after due notice has been served shall be deemed a separate
offense.
(Add a new section pertaining to fire code re-inspection fees)
109.4.2 Reinspection fees.
A fee shall be charged for follow-up fire code violations.
The fee structure is as follows:
Primary fire inspection
Follow-up fire inspection
2nd Follow-up inspection
3rd Follow-up inspection
4th Follow-up inspection and each inspection thereafter
8 JJl. 111.4 Failure to Comply. (Amended to read as follows)
$ 0.00
0.00
50.00
100.00
200.00
Any person who shall continue any work after having been served with a stop work order,
except such work as that person is directed to perform to remove a violation of unsafe
condition, shall be subject to penalties or other action in accordance with 8-1-9 and 8-1-10
of the Englewood Municipal Code.
7
llt Section lJl Fees.
Section 113.2. Fire Permit Fee Schedule shall he adopted by City Counen ResoJ11tion.
B. CHAPTERS. FIRE SERVICE FEATURES.
1. 503.2.1 Dimensions. (Amended to read as follows)
Fire Apparatus access roads shall have an unobstructed width of not less
than 26 feet ( 1725 mm), exclusive of shoulders, except for approved security
gates in accordance with Section 503.6, and an unobstructed vertical
clearance of not less than 13 feet 6 inches ( 4115 mm).
2. 506.1 Where Required. (Amended to read as follows)
Where access to or within a structure or an area is restricted because of
secured openings or where immediate access is necessary for life-saving or
fire-fighting purposes, or where a fire alarm system, or fire suppression
system exists, the me eeee effieial Fire Marshal is authorized to require a
key box to be installed in an approved location. The key box shall be of an
approved type, and shall contain keys to gain necessary access as required by
the me oode effieial Fire Marshal.
C. CHAPTER 9. FIRE PROTECTION SYSTEMS (Amended to read as follows).
1. 903.2. 7 Group M. An automatic sprinkler system shall be provided
throughout buildings containing a Group M occupancy where one of the
following conditions exist:
1. A Group M fire area exceeds 12,000 square feet (1115m2).
2. A Group M fire area is located more than three stories above grade
plane.
3. The combined area of all Group M fire areas on all floors, including
any mezzanines, exceeds 24,000 square feet (2230m2
).
4. The area of a Group M occupancy used for the display and sale of
upholstered furniture or mattresses exceeds 5,000 square feet (464m2
).
8
•
2. 903.2.9 Group S-1. (Amended to read as follows)
An automatic sprinkler system shall be provided throughout all buildings
containing a Group S-1 occupancy where one of the following conditions
exists:
1. A Group S-1 fire area exceeds 12,000 square feet (l 15m2).
2. A Group S-1 fire area is located more than three stories above grade
plane.
3. The combined area of all Group S-1 fire areas on all floors, including
any mezzanines, exceeds 24,000 square feet (2230 m2).
4. A Group S-1 fire area used for the storage of commercial trucks or
buses where the fire area exceeds 5,000 square feet ( 464m2).
5. The area of a Group S-1 occupancy used for the storage of upholstered
furniture or mattresses exceeds 2,500 square feet (232m2).
D. CHAPTER 10. MEANS OF EGRESS.
B. Section 1009.16 Stairway of Roof. (Amended to read as follows)
In buildings three or more stories in height above grade plane, one stairway
shall extend to the roof surface, unless the roof has a slope steeper than four
units vertical in 12 units horizontal (33-percent slope). In buildings without
an occupied roof, access to the roof from the top story shall be pennitted to
be by an alternating tread device.
E. CHAPTER 56. EXPLOSIVES AND FIREWORKS.
1. 5601.1.3 Fireworks. (Amended to read as follows)
The possession, manufacture, storage, sale, handling and use of any ignitable
fireworks are prohibited.
Exceptions:
The use of fireworks for fireworks displays as allowed in Section 5608 .
2. 5601.2.4 Financial Responsibility. (Amended to read as follows)
Before a permit is issued, as required by Section 5601.2, the applicant shall
file with the jurisdiction a corporate surety bond in the principal sum $
2,000,000 or a public liability insurance policy for the same amount, with
9
excess liability of $5,000,000 for the purpose of the payment of all damages
to persons or property which arise from, or are caused by, the conduct of any
act authorized by the permit upon which any judicial judgment results . The
fife eede effieial Fire Marshal is authorized to specify a greater or lesser
amount when, in his or her opinion, conditions at the location of use indicate
a greater or lesser amount is required. Government entities shall be exempt
from this bond requirement.
F. CHAPTER 57. FLAMMABLE AND COMBUSTIBLE LIQUIDS.
1. 5704.2.9.6.1 Locations where above-ground tanks are prohibited.
(Amended to read as follows)
Above-ground tanks shall be located in accordance with this Section.
APPENDICES. (»eleteAJ1J1e1ttlif!ffA #tHug/t ~MtlBthHllg/t ,IJ fAIIAppendices a,;e
applicable ar amended as [ollowst
Appendix D -Fire Apparatus Access Roads, (hereby adopted and amended to read as follows)
LENGTH WIDT
(feet) B
(feet)
0-150 26
151-500 26
501-750 26
Over750
TABLE D103.4
REQUIREMENTS FOR DEAD-END
FIRE APPARATUS ACCESS ROADS
TURNAROUNDS REQUIRED
None required
120-foot Hammerhead, 60-foot "Y11 or 96-foot diameter cul-de-sac in
accordance with Figure D103.1
120-foot Hammerhead, 60-foot "Y" or 96-foot diameter cul-de-sac in
accordance with Figure D 103.1
Special approval required
For SI: 1 foot= 304.8 mm.
10
•
Section 5. The City Council of the City of Englewood, Colorado hereby authorizes amending
Title 5, Chapter 10, Section 4C, entitled Special Conditions and Restrictions of the License -
Sanitation and Fire Provisions of the Englewood Municipal Code 2000, to read as follows:
S-10-4: Special Conditions and Restrictions of the License.
In addition to the requirements of Chapter l of this Title, the following special conditions and
restrictions apply:
C. Sanitation and Fire Provisions:
1. Water Supply.
a. An accessible, adequate and safe supply of safe, potable water shall be provided to
every automobile salvage yard and recycling yard.
b. All water supply facilities, i.e., pipes, valves, outlets, shall be open to inspection by the
Chief Building Official or any other duly authorized person.
c. The development of an independent water supply to serve any automobile salvage yard
or recycling yard shall be made only after express approval has been granted by the
Department of Public Health of the State of Colorado.
2. Sewage disposal. All sewage disposal shall be in accordance with this Code and all plumbing
in any automobile salvage yard or recycling yard shall comply with the plumbing laws and
health regulations of the City, County of Arapahoe, Tri-County District Health Department
and State of Colorado.
3. Refuse Disposal.
a. The storage, collection and disposal of refuse in or upon any automobile salvage yard
or recycling yard shall be so managed as to avoid health hazards, rodent harborage,
insect-breeding areas, accident hazards or air or environmental pollution.
b. Materials or wastes shall be secured upon the licensed premises in such manner that
they cannot be carried off the premises by natural causes or forces.
c. All materials or wastes which may cause fumes, dust, or are edible or attractive to
rodents or insects shall not be stored outdoors unless placed in closed containers.
4. Fire Protection.
i. All areas shall be kept free of litter, rubbish and other flammable materials.
ii. Fire extinguishers shall be maintained, the number, kind and location of which shall be
approved by the Fife Cmef ef t:ae Fire Marshal.
ll
Section 6. Safety Clauses. The City Council hereby finds, determines, and declares that this
Ordinance is promulgated under the general police power of the City of Englewood, that it is
promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The City Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 7. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the
application thereof to any person or circumstances shall for any reason be adjudged by a court of
competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder
of this Ordinance or it application to other persons or circumstances.
Section 8. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or
conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such
inconsistency or conflict.
Section 9. Effect of repeal or modification. The repeal or modification of any provision of
the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify,
or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which
shall have been incurred under such provision, and each provision shall be treated and held as
still remaining in force for the purposes of sustaining any and all proper actions, suits,
proceedings, and prosecutions for the enforcement of the penalty; forfeiture, or liability, as well
as for the purpose of sustaining any judgment, decree, or order which can or may be rendered,
entered, or made in such actions, suits, proceedings, or prosecutions.
Section 10. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and
every violation of this Ordinance.
Introduced, read in full, and passed on first reading on the 4th day of May, 2015.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 7th day of
May, 2015.
Published as a Bill for an Ordinance on the City's official website beginning on the 6th day of
May, 2015 for thirty (30) days.
12
Read by title and passed on final reading on the 18th day of May, 2015.
Published by title in the City's official newspaper as Ordinance No. 2J, Series of 2015,
on the 21st day of May, 201S .
Published by title on the City's official website beginning on the 20th day of
May, 2015 for thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final
passage.
~1~~
~P. Penn, Mayor
I, Loucrishia A Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of the Ordinance passed on final reading and published by
title as Ordinance No,;./, Series of 2015. ~~✓~
Loucrishia A Ellis
1 3
COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
May 4, 2015 11 a iii Revision of Englewood Municipal Code 2000 to
Coordinate with the City's Contract with Denver for Fire
and Ambulance Services
Initiated By: Staff Source:
City Attorney's Office Daniel Brotzman, City Attorney
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council tentatively approved the pending contract with the City of Denver Fire Department to provide Fire
and Ambulance Services for the City of Englewood, on April 6, 2015. In so doing Council expressly stated
its intention that current Englewood Municipal Code (EMC) should be modified accordingly.
RECOMMENDED ACTION
Staff seeks Council approval of a bill for an ordinance amending sections of the Englewood Municipal Code
2000 in order to address and set forth terms of the proposed contract between Denver and the City of
Englewood .
• BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The proposed contract with Denver Fire sets up certain conflicts within the EMC that need to be addressed.
The amendments are designed to clarify the duties of Englewood personnel and departments regarding
building and safety reviews, controlling an active fire scene, emergency medical transport fees, application
of the City's fire code to residences and other structures, either existing or planned, the duties of the City's
Fire Marshal, appointment of Deputy Fire Marshals, fire investigations, and issuance of operational permits,
FINANCIAL IMPACT
No financial impact to the City is contemplated.
LIST OF ATTACHMENTS
Proposed Bill for an Ordinance