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HomeMy WebLinkAbout2007 Ordinance No. 013• • • ORDINANCE No. /3__ SERIES OF 2007 BY AUTHORITY COUNCIL BILL NO. 12 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE AMENDING mLE 8, CHAPTER 2, ARTICLE B, OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO THE MECHANIC AL CODE OF THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City of Englewood has used the Uniform Mechanical Code as a model construction code since 197S; and WHEREAS, this Code has been updated periodically to keep pace with changing construction technology; and WHEREAS, the City of Englewood Division of Building and Safety staff has thoroughly reviewed the International Mechanical Code 2006 and recommonds adoption thereof subject to cenain exceptions , modifications and amendments; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : ~-The City Council of the City of Englewood , Colorado hereby authorizes the repeal ofTitle 8, Chapter 2, Article B, Mechanical Code of the Englewood Municipal Code 2000, in its entirety . Section 2. The Ci:y Council of the City of Englewood, Colorado hereby adopts the International Mechanical Code 2006 as Title 8, Chapter 2 Article B, of the Englewood Murucipal Code 2000, to read as follows : CHAPTER2 CONSTRUCTION AND SAFETY CODES ARTICLEB MECHANICAL CODE 8-2B-1 : CCDE ADOPTED: There is hereby adopted, by reference thereto , the International Mechanical Code 2006 Edition, in its entirety including errata updates, published as part of this Code, published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, Ulinois 60478-S79S, subject to the exceptions, modifications and amendments set forth in Section 8-2B-2 of this Article. The City Clerk shall maintain a copy of the Code, which will be available for inspection during regular business hours . 8-2B-2 : SPECIFIC MODIFICATIONS TO ADOPTED CODE: -1- 9 b iv The followin11 ,pecifi~ changes, modification• and amendment• are hereby made to the provisiona of the lntcmational Mechanical Code 2006 , hereinabove adopted: A. CHAPTER I -ADMINISTRATION I. \Ot.l TIiie, (Shall be amended to reacl) These reaulationa shall be known as ·ne Mechanical Code of the City of Englewood, hereinafter refcrTed to as '1his •·r,.ji:,,"' 2. ~«ilon 103 Department ofMecbanlcal ln1pectlon. (Deleted in its entirety) 3. HJ~. t Modlflc1tlon1. (Deleted the last three nords. S11bstitute the folloll'ing) Div;d on of Building and Safety . 4 106.4.J Expiration. (Deleted in its entirety. Substitute the ,.:,lloll'ing) Refer to Section 105 .S of the amended (IBC) Building Code of the City of Englewood for requirements of this section. S. 106.4.4 Extensions . (Deleted in its entirety. S11bstilllte tl,efolloll'ing) Refer to Section 105 .S. l of the amended (IBC) Building Code of the City of Englewood for requirements of this section. 6. 106.5.2 Permit Fee schedule. (Deleted in its entirety. S11bstit11te th e following) Re'er to Section 108.2 of the amended (IBC) Building Code of the Cliy of Englewood for requirements of this Section . 7. 106.5.3 Fee refund1. (Deleted in its entirety. S11bstitute the following) Refer to Section I 08.6 of the amended (IBC) Building Code of the City of Englewood for requirements of this section . -2- • • • • 8. 107,l.3 Reln1p«tlon1. (Deleted in its entirety. Substi111te rhe folloll'ing), Refer to Section 109.7 of the amended (IBC) Building Code of the City of Englewood for requirements of this section. 9. 108.1 Unlawful 1e11. (Deleted in its entirety. S11bstir111e thefol/oll'i1:I/) Refer to 8-1-8 EMC for requirements of this section. 10. 108.4 Vlol11lon penalties. (Deleted in its emirety. Suhstitllle rhefollo\\'in~) Refer to 8-1-9 and 8-1-10 EMC for requirements of this section. 11. Section 109 Muns of Appeal. (Deleted in its entir.-ry. S11h.,rit111e rhe Jnlloll'ing) Refer to Title 8-1-7 EMC for requirements of this section. ~ Safety Clauses. -:-he City Council hereby finds, detennines, 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 I\ 'icr detennines that the Ordinance bears a rational relation to the proper legislative obj« c.nught to be obtained. Section 4, Severability. If any clause , sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall fo r any reason be adjudged by a court of competent jurisdiction invalid , such judgment shall not affect, i1,1pair or inrnlidate the remainder of this Ordinance or it application to other persons or circwnstanc-:s . 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 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 pan any penalty, forfeiture , or liability, either civil or criminal, which shall have been incurred under such p1 Jvision, aud each provision shall be treat, ' 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. Chojcc of Code. Any party who has a pending application, where the pennit 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 1997 Code but not a combination thereof . -3 - ~ fmallx. The Penalty Provi1ion of E.M .C. Section 1-4-1 shall apply to each and cve,y violation ofthi1 Ordinance. Introduced, read in full, and passed on fint readina on the 20• day offebruary, 2007 . Published as a Bill for an Ordinance on the 23rd day of February , 2007. Read by title and passed on final reading on the 5th day of March , 2007 . Published by title as Ordinance No4,_, Series of 2007, on the 9th day of March. 2007. I, Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado , hereby certify that the above and foregoing is a tru~ ~opy of the Ordinance passed on final reading and published by title as Ordinance No.L2._, Series of 2007. -4- • • • • COUNCIL COMMUNICATION Date: I Agenda Item: I Subject: Februa,v 20, 2007 11 a iv Adoption of the International Mechanical Code 2006 Initiated By: I Staff Source: Safety Services. Division of Building and Safety Lance Smith, Chief Building Official COUNCIL GOAL AND P~'EVIOUS COUNCIL ACTION The adoption of the Intern, ti onal Mechanical Code 20 06 was reviewed by City Council at the August 21, 2006 Study Sess ion. RECOMMENDED ACTION Staff recommends Council approve a Bill for an Ordinance adopting the International Mechanical Code 2006 to establish minimum requirem ents to safeguard the public health, safety and general welfare. • BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED • The City of Englew ood has used the Lniform Mechanical Code as a model construction code sin ce 1975 and updates this code periodically to keep pace with changing construction technology. Building and Safety staff has thoroughly reviewed th e Internati onal Mechanical Code 2006 and recommends adoption subj ec t to ce rtain exceptions, modifications and amendments. FINANCIAL IMPACT The only costs associated with th e ordinance would be for the purchase of code books. The estimated am·,unt is approximately $200 and this has been budgeted frn in the 2007 Budget. LIST OF ATTACHMENTS Bill for an Ordinance