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HomeMy WebLinkAbout2013 Ordinance No. 022• • • ORDINANCE NO. ;)- SERIES OF 2013 BY AUTHORITY COUNCJL BJLL NO. 18 INTRODUCED BY COUNCJL MEMBER WOODWARD AN ORDINANCE AMENDING TITLE 8, CHAPTER 2, ARTICLE G, OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINJ]\JG TO THE RESIDENTIAL CODE OF THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City of Englewood has used the Uniform Codes as model construction codes since 1971; and WHEREAS, these Codes are updated periodically to keep pace with changing construction technology; and WHEREAS, the City of Englewood adopted the International Residential Code of 2012 subject to certain exceptions, modifications and amendments; and WHEREAS, the 2012 IRC was adopted in July 2012, and included in this Code were requirements for fire sprinkler systems in one and two-family residential occupancies ; and WHEREAS , early surveys indicated support for these requirements in Denver and other surrounding jurisdictions causing the Building Division to recommend adopting the 2012 IRC ; and WHEREAS, the Fire Marshal believes these provisions will protect occupants and personal property from catastrophic losses; and WHEREAS, factors such as lack of plumbing contractors available to design or install systems and with the majority of surrounding jurisdictions deleting such sprinkler requirements have led the City Manager and Fire Chief to recommend removal of these provisions until a workable solution is found; and WHEREAS, the City Manager, Fire Chief, Fire Marshall and Chief Building Official shall work together to resolve this issue on upcoming Code revisions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCJL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section 1. The City Council of the City of Englewood, Colorado hereby amends Title 8, Chapter 2G, Section 2, Paragraph B with the addition of new numbers 2 through 5 and renumbering the current number 2 to number 6, of the Englewood Municipal Code 2000, to read as follows: 1 9 b iii 8-2G-2: SPECIFIC MODIFICATIONS TO ADOPTED CODE: R3B.1 Townhouse automatic fire sprinkler systems. An automatic residential fire sprinkler system 5fltttl-may be installed in townhouses. EJrneption: An automatic residential fire sprinkler system shall not be required 1.vhen e,dd-itiens or e,/terntie,~s are made to mcisting tewnheblses that do not have an automatic residential fire sprinkler system installed. l.. R313,1,1 Design and installation, Automatic residential fire sprinkler systems for townhouses shall be designed and installed in accordance with Section 2904 . .4,. R313,2 One and two-famHy dwelljngs automatic fire systems, An automatic residential fire sprinkler system 6Ral-! may be instaJled in one and two- family dwellings.._ Exception: An automatic residential fire sprinkler system shall not be required for e,dditi01u or e,/terntiens to eJ(isting buildings that are not already provided with an automatic residential sprinkler system. R313,2.1 Design and installation, Automatic residential fire sprinkler systems shall be designed and installed in accordance with Section P2904 or NFPA 13 D . n.,_l . R314.3.1 Alterations repairs and additions. (Amend as follows) When alterations, repairs or additions requiring a permit occur, or when one or more sleeping rooms are added or created in existing dwellings, the individual dwelling unit shall be equipped with smoke alarms as required for new dwellings. Exceptions: (Amend exception No. 2 as follows) 2 . Installation, alteration or repairs of plumbing, electrical or mechanical systems are exempt from the requirements of this Section. EDITORS NOTE: Sections 8-2G-2 A through F, contain no changes and are therefore not included here. Section 3. 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. 2 • • • Section 4. 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 5. 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 6. Effect ofrepeal 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 7. Choice of Code. Any party who has a pending application, where the permit application and final site plan have been submitted to the City before the date of final adoption of this Ordinance, shall make an election to proceed under either the current Code or the 2006 Code but not a combination thereof. Section 8. Penalty. The Penalty Provision of E.M.C . Section 1-4-1 shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on first reading on the 17th day of June, 2013. Published by Title as a Bill for an Ordinance in the City 's official newspaper on the 21st day of June, 2013. Published as a Bill for an Ordinance on the City's official website beginning on the 19th day of June, 2013 for thirty (30) days. Read by title and passed on final reading on the 1st day of July, 2013 . Published by title in the City's official newspaper as Ordinance No.22,..Series of 2013, on the 5th day of July, 2013. Published by title on the City 's official website beginning on the 3rd day of July, 2013 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage 3 I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is ;;t ¼ue copy of the Ordinance passed on final reading and published by title as Ordinance No.~-~-' eries of 2013. 4 • • • • COUNCIL COMMUNICATION Date: Agenda Item: Subject: Amendment to the International Residential June 1 7, 2013 Code 2012 -Automatic Fire Sprinkler Systems 11 a i Initiated By: Fire Department, Division of Building and Staff Source: Safety Richard Petau, Interim Fire Chief Lance Smith, Chief Building Official COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Recomendation for amending Section R313 -Automatic Fire Sprinkler Systems in the 2012 International Residential Code {IRC) was reviewed by City Council at the June 3, 2013 study session. RECOMMENDED ACTION Staff requests City Council approve an ordinance amending Section R313 -Automatic Fire Sprinkler Systems in the 2012 International Residential Code from "shall be installed" to "may be installed" . • BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED • The 2012 IRC was adopted in July 2012 , included in this code were requirements for Fire Sprinkler Systems in one and two-family residential occupancies. Early surveys indicated support for these requirements in Denver and other surrounding jurisdictions causing the Building Division to recommend adopting the 2012 IRC. As surrounding jurisdictions adopted codes, fire sprinkler requirements were omitted from the 2012 IRC. By removing this requirement the City will remain consistant with these jurisdictions but still provide contractors/homeowners guidance should they choose to install fire sprinklers . FINANCIAL IMPACT There are no costs associated with this amendment. LIST OF ATTACHMENTS Bill for an ordinance