HomeMy WebLinkAbout2022 Ordinance No. 0491
BY AUTHORITY
ORDINANCE NO. 49 COUNCIL BILL NO. 51
SERIES OF 2022 INTRODUCED BY COUNCIL
MEMBER ANDERSON
AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE
REGARDING TEMPORARY EMERGENCY WINTER WEATHER
SHELTERING
WHEREAS, on the 19th day of October, 2020, the City of Englewood adopted
Ordinance No. 34, Series of 2020 providing for fire code standards for places of worship
providing temporary emergency winter weather sheltering to those without adequate shelter; and
WHEREAS, to ensure everyone in the community has access to adequate shelter during
times of life-threatening winter weather, the City desires to amend those fire code standards to
expand the number of eligible temporary sheltering locations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO:
Section 1. Englewood Municipal Code Title 8 Chapter 2 Section 8-2A-2(B)(9) is hereby
amended to read as follows (new provisions in italics, deleted provisions struck through):
(9) 303.1.4 Accessory to places of religious worship shall be amended to add the following
after the last sentence in the section:
Rooms or spaces within such places providing overnight temporary emergency
winter weather sheltering for 49 or less occupants for less than 16 continuous hours
and with sleeping rooms or spaces less than 10,000 square feet in aggregate area are
not considered separate occupancies. Such uses shall comply with the following:
1. A fire watch shall be provided with at least two (2) people one (1) person on
site at all times on each level where shelter is provided to ensure a waking fire
watch is maintained during sheltering hours awake at all times. Fire Watch
personnel shall be properly trained in fire watch procedures as prescribed by
the Fire Marshal.
2. Sheltering is limited to the ground floor, or basement level with a minimum of
two operational points of egress, unless a fire suppression and fire alarm system
are provided. All sheltering spaces further shall comply with International
Building Code 1030 regarding emergency escape and rescue openings for
sleeping rooms regardless of occupancy classification.
3. Smoke detectors and Carbon Monoxide alarms must be installed and
maintained in working order.
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4. A minimum of two (2) 2A:10BC fire extinguishers shall be installed as required
by the International Fire Code. The travel distance to a fire extinguisher shall
not exceed 75 feet.
5. Use is limited to seventyforty‐five (4575) total days per designated severe
winter weather period (October 1st – May 15th).
6. Sheltering is limited to severe weather (temperatures below 32 degrees and wet,
or temperatures below 20 degrees and dry) and between the hours of 6 PM – 8
AM.
7. Panic hardware is required on exit doors or an approved alternative method
based on occupancy / egress.
8. A conditional use permit for severe weather sheltering providing maximum
occupancy limits must be obtained from the City of Englewood Fire Marshal’s
Office.
9. The permitee shall certify that it will comply with all applicable laws, including
the Americans with Disabilities Act.
Section 2. General Provisions Applicable to this Ordinance
The following general provisions and findings are applicable to the interpretation and application
of this Ordinance:
A. 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 its application to other persons or circumstances.
B. 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.
C. 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.
D. 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
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legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right
to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47.
E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the
City’s official website, or both. Publication shall be effective upon the first publication by either
authorized method.
F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and
directed to execute all documents necessary to effectuate the approval authorized by this
Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the
Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to
execute the above-referenced documents. The execution of any documents by said officials shall
be conclusive evidence of the approval by the City of such documents in accordance with the terms
thereof and this Ordinance. City staff is further authorized to take additional actions as may be
necessary to implement the provisions of this Ordinance.
G. Enforcement. To the extent this ordinance establishes a required or prohibited action
punishable by law, unless otherwise specifically provided in Englewood Municipal Code or
applicable law, violations shall be subject to the General Penalty provisions contained within
EMC § 1-4-1.
Introduced, read in full, and passed on first reading on the 19th day of September, 2022.
Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 22nd
day of September, 2022.
Published as a Bill for an Ordinance on the City’s official website beginning on the 21st
day of September, 2022 for thirty (30) days.
Read by Title and passed on final reading on the 3rd day of October, 2022.
Published by Title in the City’s official newspaper as Ordinance No. 49, Series of 2022,
on the 6th day of October, 2022.
Published by title on the City’s official website beginning on the 5th day of October, 2022
for thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final passage.
Othoniel Sierra, Mayor
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ATTEST:
Stephanie Carlile, City Clerk
I, Stephanie Carlile, 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. 49, Series of 2022.
Stephanie Carlile
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