HomeMy WebLinkAbout1983 Ordinance No. 004I
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BY Alrl'HORI'l'Y
ORDINANCE NO . 4
SERIES OF 198_3 __
COUNC IL BILL NO . 63
INTRODUCED BY COUNCIL
MEMBER r'I'rZPATRICK
AN ORDINANCE AMENDil>l'.i SECTIONS 1 , 3 , 8 AND 10 , TITLE II, CHAPTER 3,
SECTION 1 , OF THE '69 ENGLE.~D MUNICIPAL CODE , ADCPTING BY
REFERENCE 'rHE UNIFORM FIRE CODE , 1982 EDITION .
BE IT ORDAINED BY '11iE CITY COUNCIL OF THE CITY Or' El>C Ll'l..oclD ,
COLORAOO , AS FOLLCWS:
Section 1. That Sections 1 , 3 , 8 and 10 of Title It , Chapte r 3 ,
of the 1969 E.M.C . are .,ereby amended t o r ead as follows:
2-3-1 : ADCP'l'ION OF UNIFORM FIRE CODE
There is her eby adopted , with the same force and ef fect as
though the same we r e set fo rth in full he r e in fo r the pu r pose of
p r escrib ing regulations , governing conditions haza rdo us to life and
property from fire o r e xplos i o n , that certain Uniform Fire Code ,
1982 Editi on , including appendices 1-B , II-ll , III-A , III-C ,
publ i shed by t he International Confe r e nce of Bui lding Off i cials and
Western Fi r e Chie fs Association , 5360 So uth Workman Mill Road ,
\<hi tt ie r , California 90601 , wi th the following exceptions,
modif i cati ons and amendments :
{a) The following specific c hanges , modificati ons and amendmen t s
are hereby made in the provision of the Uni form Fire Code , 1982
Edition , hereinabove adopted :
{l) Sec tion 2 . 302 , page 6 , BOARD OF APPEALS . Delete entire
section.
{2) Secti on 4 .101 , pagec, 12-15 , PEHMIT REQUlRED . Delete
all items except :
4 . i;onfires or rubbi sh fire s
6 . Bu rning in publ i c place
7 . Ca ndles and open flames in assembly a reas
11 . Cryog ens
15 . Explosives or blasting a gents
16 . r'ireworks
22 . Hazardous materi als
23 . Highl y t o xi c pesticides
29 . Mall , cove r Pd
33 , Open burning
43, Te nts and air-s upported structu r es
(3) Section l0 .30l(c), page 41 , WATER SUPPLY . Inse rt new
paragraph between first and s econd pa r ag r aph:
\,11 e r e there are practical diff i cul ties in pr ovidi ng
water syst em capable of s u pplying the r equired fi r e flow
fo r any building o r s tructure, a s uitable a utomatic fire
extinguishing s ys t em or s ys tems , a s approved by the Fire
Chief , may be installed fo r t he prote~ti on of s uch
build ing o r structu r e . Such syste m(s) may be ins t alled
pr ov ided that in t he opinion of the Fire Chief , the
f ire s uppress i on capabil itie s of the e xt ingui s hing
sys tem(s), in conjunc tion with tt:e a vailable wate r
s upply , provides an acceptable l e ve l o f fi r e protec-
ti on for the building o r structure in que stion .
(4) Sec ti on 10 .309(b), page 44 , ALL OCCUPAN CI ES EXCEPr
GROU P R, DIVI S ION 3 AND GROUP M. Add the following
2-3-3 :
pa rag r aph a s i t ern 5 :
In all bu i l d i ng s whi ch a r ~ 50 o r mor e feet in height
(as defined in Chapter 4 of the 1982 Uniform Building
Code) o r whi c h compri se ll'Or e than fou r s tories i r-
respec tive o f height , EXCEl'r : GHOUP B OCCUPAN CIES
CU\SS!FlED EXCLUSIVE LY AS OPEN PARKI NG GARAGES IN
ACCORDANCE WITH SECTION 70 9 OF THE 1982 UN!FOHM
BUILDING COD E.
DEF!NITl()>IS
Wh e r eve r t he fo llowing wor ds o r terms a r e used in t he Unifor m
Fire Code , 1982 Ed ition , the y s hall c arry t he (~llowing me anings :
{a ) 11 Jurisd i ction" sha} l mean the Ci t y of Englewood ,
Co l o r ado .
(bl "Co r po r a ti on Co un sel " shall mea n t he City Atto rney fo r
the Ci ty of Englewood , Colo r ado , o r any des i gnee t hereo f .
(c ) 1;he neve r tile wo r ds "Chief of t he Bureau of Fire
Pr e vention " o r the words "Bu reau o f Fi re Pre ve ntion11 a re used in
the Uniform Fi r e Code , they shall be held to mean the Chi e f of the
Englewood Fire Depa r tment o r hi s des i gnee . I
2-3-8:
Whenever the Ch ief of the Fi re Department shall disa pprove an
application o r refuse to g ran t a pe r mit applied for , o r disapprove
an application for modif i cation , o r when i t i s claimed that the
provisions of the Uniform ~'ire Code , 1982 Ed ition, do no t a pply in
the manner in which the Chief of the r'ire Depa rtment determines , o r
wh e n it i s claimed that the t rue inten t and meaning of the Code
have been misconstrued or wrongly inte rpreted by the Chief o f the
Fi r e Department , any person aggr i eved the r e by ma y appeal from the
deci s ion of t he Chief of the Fi r e Departme nt to the Eng l ewood Board
of Adj us tme nt a nd Appeal s with in thirty (30) days from the date of
the dec isi on appealed , whi ch Boa r d s hall revi ew the decision of the
Ch i ef of the Fi r e Depar tment and r end e r a final and bindi ng
decis i on t hereupon. In c ons idering such appeals , t he Englewood
Boa r d of Adj us tment and Appeal s s ha ll have the powers g ranted to
the Chief of the Fi r e Departmen t by Secti on 2-3-2 of this chapter .
2-3-1 0 : PENALTIES
(a) Any pe r son who shall violate a ny of the provisions o f
the Uniform fire Code , 1982 Ed ition , o r who fails t o comply with
the provisions of Title II of Englewood Municipal Code , or who
s hall violate or who shall fail to comply witn any o r de r made
ther e under , o r who shall build any s tructure of any nature i n
v i ola tion of a ny deta iled statement o r spec i f i ca tions o r plans
s ubmitted and approved thereunder , o r any cer tificate or pe r mit
i ssued t he r ew1 de r , and from which no appeal has been taken , or who
shall fail t o compl y with such an o r der as affi r med or mod ified by
the Eng l ewood Boa r d of Adjustment and Appea l s , o r by a cou rt of
competent j uri sd i ct i on , within the time fixed the r e in , s hall be
conside r ed to have violated this Code and shall be subjec t t o those
penalt ies presc ri bed in Sec tion 1-2-1 of t h is Code . The imposition
of one (1) pe nalty for a ny violation s hall not e xcuse the vi o lation
nor permit it to conti r.ue , and all s uch pe r sons shall be r equired
to co r rect o r remedy s uc h violations o r defec t s within a reasonable
time .
(b) Any continui ng act which , unde r Section 2-3-l0(a) he r eof
sha ll consti tute a viola ti on of this Code , is hereby decla r ed t o be
a µoblic nui sance and in addition to all o ther penalties presc ri bed
her e i n , the City may take suc h legal action to abate s uch nuisance
as shall be appropriate.
Section 2. Notice of publi c hea ring shall be published twi ce ,
once at least fifteen (15) days pr eceding da t e of hea ring and once
at least eight (8) days preceding date of hear ing , ,hich not i ce
shall s tate the s ubjec t matter of the Cod e , t ime an d place of
hea ri ng and that c op i es of the fo reg oir>e Code are on fi l e with the
Cle r k and o pen t o public inspection , a nd t he name and address of
the ag e ncy by wh i c h said Cod e has been promulgated .
Section 3 . Not less than three (3) copies of each Code desc ribed
herein shall be certified to be true copies of said Code by the
Mayo r 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 times while said Code is in full force and
effect . The Clerk shall maintain at all times reasonable copies of
the code available for purchase by the public at ..xlerate price.
Section 4 . It sha~l be unlawful for any person, firm or
corporation to erect, cons truct, enlarge, alter, r epair , move ,
improve, remove , conve rt or demoli sh , equip, use , occupy, or
n,aintain any bUilding or structure in the City, or cause the same
to be done , contrary to or in violation of any of the provisions of
this code.
MY person , firm, o r corporation violating any of the
provis ions of this Code , upon conviction , shall be punished by a
fine of not mo re than Three Hundred Dollars ($300) o r by i mprison-
ment for not mo r e than ninety (90) days, or by both such f ,,e and
imprisonment.
Section 6 . That all o rdinances and parts of ordinances of the
City of Englewood in conflict or inconsistent he r ewith are hereby
repealed.
Introduced , r ead in Eull, and passed on fir s t reading on the
21st day of oecember , 1982 .
Published as a Bi 11 for an Ordinance on the 22nd day of
December, 1982 .
Amended and passed as an1e nded on the 17th day of January,
Published as amended on the 19th day of January , i983 . 1983 .
Read by title and passed on final reading on the 7th day of
February , 1983 .
Published by tit P. as o rdinance No._4 __ ,ser ,es of 1983 , on
February 9 , 1983.
Atte~t :
/s Gary R. H1 qbec
ex officio City Cler k-Tr easurer
/s / Eugen~ L . Otis
Euqene L . ct.:s , Mayor I
1 , Gary R. Higbee , ex officio City Clerk-Treasurer of the City
of Englewood , Co lorado , hereby certify that the above and foregoing
is a true , accurate and complete copy of the Ordinance passed on
fi nal reading and published by title as Ordinance No . 4 , Series
of 1983 . --
/s / Ga ry R . Higbee
Gary R. Higbee
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