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Home My WebLink About1980 Ordinance No. 029·• • • • ORDINANCB NO. 29 SERIES OF 1980 BY _AUTHORITY COUNCIL BILL NO. 29 INTRODUCED BY COUNCIL MEMBER QENA AN ORDINANCE REPEALING AND REENACTING TITLE II, CHAPTER 3, ENTITLED "FIRE PREVENTION CODE," '69 ENGLEWOOD MUNICIPAL CODE, AND ADOPTING BY REPERBNCE '1'BE UNIFORM FIRE CODE, 1979 EDITION. BE IT ORDAINED BY THE CITY COUNCIL OP THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Title II, Chapter 3, entitled "Fire Prevention COde,1 Sections 1 through 12, inclusive, 1969 E.M.C. is hereby repealed. Section 2. That Title II, Chapter 3, is hereby reenacted to read as follows: 2-3-1: ADOPTION OF UNIFORM FIRE CODE There is hereby adopted, with the same force and effect as though the same were set forth in full herein for the purpose of prescribing regulations, governing conditions hazardous to life and property from fire or explosion, that certain Uniform Fire Code, 1979 Edition, published by the International Conference of Building Officials and Western Fire Chiefs Association, 5360 South Workman Mill Road, Whittier, California 90601. 2-3-2: ENFORCEMENT OF UNIFORM FIRE CODE The provisions of the Uniform Fire Code and the provisions of Title II of the Englewood Municipal Code shall be enforced by the Chief of the Englewood Fire Department, or any designee thereof, who shall carry on such inspections and. investigations and shall issue such permits and orders aa may be necessary to secure the enforcement of said provisions and compliance therewith by all persona. 2-3-3: DEFINITIONS Wherever the following words or terms are used in the Uniform Fire Code, 1979 Edition, they shall carry the following meanings: (a) "Jurisdiction" shall mean the City of Englewood, Colorado • • • • (b ) •corporation Counsel• shall mean the City Attorney for the City of Enqlewood, Colorado, or any deaiqnee thereof. (c ) Whenever the words •chief of the Bureau of Fire Prevention" or the words "Bureau of Fire Prevention" are used in the Uniform Fire Code, they shall be held to mean the Chief of the Englewood Fire Department or his desiqnee. 2-3-4: ESTABLISHMENT OF MOTOR VBHICLB ROUTES POR VEHICLES TRANSPORTING EXPLOSIVES AND BLASTING AGENTS. The routes referred to in Section 77.302(L) of the Uniform Fire Code for vehicles transporting explosives and blasting agents s hal l be the same as those routes establiahed herein for vehicles transporting hazardous chemicals and other danqerous articles, a s contained in Section 2-3-5 of this chapter. 2-3-5 : ESTABLISBMBNT OF MOTOR VEHICLE ROO'l'BS FOR VEHICLES TRANSPORTING HAZARDOUS CHEMICALS OR OTHER DANGEROUS ARTICLES. The routes referred to in Section 77.802(L) of the Uniform F ire Code for vehicles transportinq exploaivea, blastinq aqents, dange rous chemicals or other dangeroua article• are hereby est ablished as follows: (a) Santa Fe Drive; (b) U.S. Highway 285; (c ) Dartmouth; (d) Oxford; (e) Quincy; (f) Belleview. 2-3-6: ESTABLISHMENT OF FIRE LAMBS ON PRIVATE PROPERTY DEVOTED TO PUBLIC USE. (a) Th e fire lanes shall be eatabliahed on private property devoted to public use where the parking of motor vehicles or o ther obstructions may interfere with the inqreaa and eqress of fire department vehicles for the protection of peraons and p roperty, auch as at shopping centers, bowlinq lanes, theaters, ho s p i t als , schools, churches and other similar locations where fi re f i ghting apparatus and equipment cannot be uaed effectively f r om public access ways. (b) The Chief of the Fire Department and the Chief of the Police Dep artment shall establish said fire lane• on premises heretofore se t out by filing a plat of said private premises with the De partment of Public works and with the Police Department of the City , specifically designatinq thereon the width and route of such fi r e lanes as shall be essential for the necessary inqress, egr ess and movement of fire equipment and apparatu• within and upon said p rivate premises. Said plat ahall bear the date of approval of the Fire and Police Chief• of the City of Enqlewood. -2- • • • (c) Upon filing the approved plat desiqnating the necessary fire lanes and widths thereon with the Department of Public Works, as provided herein, the Fire Chief or his desiqnee shall forthwith deliver a copy of the same to the owner, operator, tenant or lesaee in posseasion of said private property with written notice and order to proceed to mark and post said fire lane~ 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 posses- sion shall complete the necessary marking and siqning as required herein. (d) Failure of the owner, operator, tenant or lessee in possession to comply with the requirement• as set out in (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 Section 2-3-10 of this chapter. (e) The owner, operator, tenant or lessee in possession may appeal the order of the Fire Chief, as provided in Section 2-3-8 of this chapter • 2-3-7: MODIFICATIONS The Chief of the Fire Department, or his deaiqnee, shall have the power to modify any of the provisions of the Uniform Fire #Code in any particular instance, upon application in writ- ing by the owner or lessee, or any duly authorized agent thereof, when there are practical difficulties in the way of carrying out the strict letter of the Code, provided that the spirit of the Code shall be observed, public safety secured and substantial justice done. The particulars of such modification, when granted or allowed, and the decision of the Chief of the Pire Department, or his desiqnee, shall thereupon be entered upon the records of the Pire Department and a siqned copy shall be furnished to the applicant. 2-3-8: APPEALS Whenever the Chief of the Fire Department .shall disapprove an application or refuse to grant a permit applied for, or disapprove an application for modification, or when it is claimed that the · provisions of the Uniform Fire Code, 1979 Edition, do not apply in the manner in which the Chief of the Fire Department -3- .... • • • . . ' determines, or when it i• claimed that the true intent and mean- ing of the Code have been miaconatrued or wronqly interpreted · by the Chief of the Fire Department, any peraon aggrieved thereby may appeal from the deciaion of the Chief of the Fire Department to the Englewood Board of Adjuatment and Appeals within thirty (30) days from the date of the decision appealed, which Board shall review the deciaion of the Chief of the Fire Department and render a final and bindinq decision thereupon ·. In considering auch appeal•, the Enqlewood Board of Adjustment and Appeals shall have the powers granted to the Chief of .the Fire Department by Section 2-3-2 of this chapter. 2-3-9 : NEW MATERIALS, PROCESSES OR OCCUPANCIES WHICH MAY REQUIRE PERMITS The Chief Building Inapector of the City of Englewood ~d the Chief of the Fire Department of the City of Englewood~ or their desiqneea, shall act as a committee to determine and specify, after givinq all affected persona an opportunity to be heard, an¥ new materials, procea .. a or occupancies which shall require permits in addition to thoae now enumerated in said. Code. A list shall be made of any auch new materials, process~s or occupancie• which •hall be poated in a conapicuou• place in the office of the Chief of the Fire Department, and copies of· such list shall be made available by him to all interested persons. 2-3-10: PENALTIES (a) Any person who shall violate any of the provisions of the Uniform. Fire Code, 1979 Edition, or who fails to comply with the provisions of Title II of Enqlewood Municipal Code, or who shall violate or who shall fail to comply with any order made · thereunder, or who shall build any structure of any nature in violation of any detailed statement or apecif ications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken,· or who shall fail to comply with such an order aa affirmed or modified by the Englewood Board of Adjustment and Appeals, or by a court of competent jurisdiction, within the time fixed therein, shall be considered to have violated this Code and shall be subject to those penalties prescribed in Section 1-2-1 of this Code. The imposition of one (1) penalty for any violation shall not excuse the violation nor permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time. -4- • . . • • (b) Any continuinq act which, under Section 2-3-·lO(a) hereof shall constitute a violation of thi• Code, is hereby declared to be· a public nuisance and in addition to all other penalties prescribed herein, the City may take auch leqal action to abate such nuisance as shall be appropriate. · Section 3. Notice of public hearinq ahall be published twice, once at least fifteen (15) days precedin9 date of hearing and once at least eiqht (8) daya preceding date of hearinq, which notice shall state the subject matter of the Code, time and place of hearing and that copies of the fore9oinq Code are on file with the Clerk and open to public inapection, and the name and address of the aqency by which aaid Cod• ha• been promulgated. Section 4. Not less than three (3) copiea of each Code described herein shall be certified to be true copiea of said Code by the Mayor and the Clerk and filed in the office of the Clerk at least fifteen (15) days prior to public hearing and subject to public inspection at all time• while said Code is in full force and effect. The Clerk •hall maintain at all times reasonable copies of the Code available for purchaae by the . public at moderate price. Section 5. It shall be unlawful for any peraon, firm or corporat19n to erect, construct, enlarqe, alter, repair, move, improve, remove, convert or demoliah, equip, use, occupy, or maintain any buildinq or structure in the City, or cause the same to be done, contrary to or in violation of any of the pro- visions of this Code. Any person, firm, or corporation violating any of the pro- visions of this Code, upon conviction, shall be punished by a fine of not more than Three Hundred Dollar• ($300) or by imprison- ment for not more than ninety (90) days, or by both such fine and imprisonment. Section 6. That all ordinances and parts of ordinances of the city of Englewood in conflict or inconsistent herewith are hereby repealed. Introduced, read in full, and passed on first reading on the 21st day of July, 1980. -s- • • • Publiahed aa a Bill for an Ordinance on the 23rd day of J uly, 1980. Read by title and passed on final readinq on the llthday of Auquat, 1980. Published in full as Ordinance No. 29 , Series of 1980, on the 13thday of Auqust, 1980. __.. __ ~;{ctMJJ yor Atteat: ~ree1iy~r~er I, Gary R. Biqbee, ex officio City Clerk-Treaaurer of the City of Bnqlewood, Colorado, hereby certify that the above &l)d foreqoinq is a true, accurate, and complete copy of the Ordinance paaaed on final readinq and published by title aa Ordinance No.29, Serie• of 1980 • -6-