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HomeMy WebLinkAbout2007 Ordinance No. 016• • • ORDINANCE NO. /jJ__ SERIES OF 2007 BY AUTHORITY COUNCIL BILL NO . 15 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE AMENDING mLE 8, CHAPTER 2, ARTICLE E, OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO THE FIRE CODE OF THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the City of Englewood has used the Uniform Fire Code as a model fire code since 1980; and WHEREAS , this Cod• ,·as been updated periodically to keep pace with changing construction technology; and WHEREAS , the City of Englewood Fire Division has thoroughly reviewed the International Fire Code 2006 and recommends adopti,1n thereof subject to cenain exceptions , modifications and amendment ; NOW, THEREFORE, BF IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORAOO, AS FOLLOWS: Section I. The City Council of the City of Englewood, Colorado hereby authorizes the repeal of Title 8, Chapter 2, Anicle E, of the Eng lewood Municipal Code 2000 , in its entirety . ~-The City Council of the City of Englewood, Colorado hereby adopts the International Fire Code 2006 as Title 8, Chapter 2, Anicle E, of the Englewood Municipal Code 2000 , to read as follows : CHAPTER2 CONSTRUCTION AND SAFETY CODES ARTICLE E FIRE CODE 8-2E-1 : CODE ADOPTED. There is hereby adopted, by reference thereto, the International Fi re Code 2006 Edition, in :ts entirety, including errata updates , published as pan of this Code, published by the International Code Cow1cil, Inc ., 405 I West Flossmoor Road, Country Club Hills , Illinois 60478-5795 , subject to the exceptions , modifications and amendments set fonh in Section 8-2E-2 of this Anicle . The Clerk shall maintain a copy of the Code which will be available for inspection during regular bus iness bows . 8-lE-2: SPECIFIC MODIFICATIONS TO ADOPTED CODE. -1- The following specific changes, modifications and amendments are hereby made in the provisions oftbe International Fire Code 2006, hcreinsbove adopted : A. CHAPTER 1 • ADMINISTRATION. I. 101.1 Title. (Amended to read as follows) These resuiations shall be known as the Fire Code of the City ofEnaJcwood, hereinafter referred to as "the Code". 7. section 102 AppllcabWty (A mended by th e addition of a new subsection to read as follows) 102.10 Appllcadon ofRClldendal Code . Where structures are designed and constructed in accordance with the International Residential Code, the provisions of this Code shall apply as follows : a. Construction and design provisions : Provisions of thi s Fire Cod,, pertaining to the exterior of the strucllln' Jh.tll apply; including, but not limited 10, premises identification, fire ,pparatus access, and water supplies. Construction permits for syrn:ms an,' equipment utilized in the interior or exterior of the structure sh· ,II also a,,ply. b. Administrative, operational and mai; te,,, see provisions : All such provisions of this Code shall apply. References in this Fire Code to Group R-3 or U occupancies or one-family and two-family dwellings and townhouses shall apply to structures under the scope of the International Res idential Code except as limited by this Secti on. 3. 105.6 Required Operadonal Permits . (Deleted all permits and Subsections EXCEPT as follows) The Fire Code official is a,11norized lo issue operational permits for the operations set forth below . a. 105,6.14 Explosives . An operational permit is required for manufacture, storage, ha.idling, sale or ,15e of any quantity of explosives, explosive materials, fireworks or pyrotechnic special effects within the scope of Chapter 33. Excepdon: Storage in Group R-3 occupancies of smokeless propellant , black powder and small arms primers for personal use, not for resale and in accordance with Section 3306 . b . 105.6.16 Flammable and Combusdble Llquld1. An operational permit i·. required to manufacture, process , blend or refine flammable o•· combustible liquids . c. 105.6.19 Fumlpdon and Thermal lllltCtlcldal Foams, An operational permit is required to operate a busineu of fumigation or thermal insecticidal fogging and to maintain a -2- • • • • • • d . e. f. g. room, vault or chamber in which a toxic or flammable fumigant is used. 105.6.26 Liquid or Gu-Fueled Veblcln or Equipment In Auembly Bulldlnp. An operational permit is required to display, operate or demonstrate liquid or gas fueled vehicles or equipment in assembly buildings . 105.6.30 Open Burning. An operational permit is required for the kindling or maintaining of an open fire or a fire on any public street, alley, road or other public or private ground . Instructions and stipulations of the permit shall be adhered to. E1ceptlon : Recreational fires. 105.6.36 Pyrotecbulc Special Effects Material. An operational permit is required for use and handling of pyrotechnic special effects material. 105.6.43 Temporary Membrane Structures, Tents aod Canopln. An operational permit is required to operate an air-supported temporary membrane structure or a tent having an area in e.cess of 200 square feel ( I 9 m2), or a canopy in excess of 400 square feet (37 m2) • E1ceptlons: I. Tents used exclusively for recreat ional camping purposes . 2. Fabric canopies open on all sides which comply with all of the following : (a) Individual canopies having a maximum size of 700 square feet (65 m2). (b) The aggregate area of multiple canopies placed side by side without a fi re break clearance of not less that 12 feet (3657 mm) shall not exceed 700 square feet (65 m2) total. (c) A minimum clearance of 12 feet (3657 mm) to structures and other ten« shall be provided. 4. Section 108 Board of Appeals. (Amended to read as follows) Refer to Title 8-1-7 of the Englewood Municipal Code of the City of Englewood for requirements of this Section . -3- S. Section 109.3 Vloladoa Penaldes. (Amended to read as follows) Persons who shall violate a provision of this Code or shall fail to comply with any of the requirements thereof or who shall erect, install , alter, repair or do work in violation of the approved construction documents or directive of the lire code official, or of a permit or certificate used under provisions of this Code, shall be subject to penalties or other action in acco rdance with 8-1-9 EMC. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 109.3.1 Abatement ofvloladoa. In addition to the imposition of the penalties herein described, the tire code official is authorized to institute appropriate action to prevent unlawful construction ofto restrain, correct or abate a violation; or to prevent illegal occupancy of a structure or premises; or to stop an illegal act, conduct of business or occupancy of a structure on or about any premises . 6. Secdon 111.4 FaUure to Comply . (A m1,nded to read as follows) Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties or other action in accordance wi th 8-1-9 and 8-1· IO of the Englewood Municipal Code . B. CHAYTER S • FIRE SERVICE FEATURES. I. 503.2 .1 Dlmeasloa1. (Amended to read as follows) Fire Apparatus access roads shall have an unobstructed width of not less than 26 feet (792S mm), except for approved security gates in accordance with Section 503 .6, and an unobstructed vertical clearance ofnot less than 13 feet 6 inches ( 411 S mm). 2. 506.1 Where Required. (Am ended to read as follows) Where access to or within a structure or an area is restricted because of secured opening or where immediate access is necessary for life• saving or fire-fighting purposes , or where a fire alarm sy1tern, or fire suppression system exists, the fire code official is authorized to require a key box to be installed in an approved location . The key box shall be of an approved type and shall contain keys 10 gain necessary access as required by the fire code official. -4- • • • • • • 3. Section 511 Public Safety Radio AmpUllcatlon. (Amended by adding a new &ction to read as follows) a. 51 I.I Scope. These provisions shall apply to : I) New building and structures greater than S0,000 square feet or additions and/or modifications of IO percent re- model or alteration of existing structure which cause the building tu be greater than S0,000 square foet. 2) All basements over 10,000 square feet when the design occupant load is greater that SO, regardless of the occupancy. 3) Any building that creates a "special hazard" for emergency services communication in addition to the normal hazard of the occupancy . 4) Any building additions or remodel work involving 20% of the building. S) As required by the Fire Official. b. 511 .2 Area Stparatlon Walls. Arca separation walls cannot be used to define separate building . C. CHAPTER 9 • FIRE PROTECTION SYSTEMS. Section 911.4 Signs . (Amended by adding a new Sub section to read as follows) I. Section 912.4.1 Slgnaee for Fire Department Conntctlons. An approved sign shall be placed in close proximit, ,, the FDC stating what type of system and areas are serviced by the I· DC fire department connection . D. CHAPTER 10 -MEANS OF EGRESS. I. Section 1009.11 Stairway to Roof. (Amended to read as follows) In buildings located three or more stories in height above grade plane, one stairway shall extend to the roof surface, wlless the roof has a slope steeper than four units vertical in 12 units horizontal (33-pcrcent slope). In buildings without an occupied roof, access to the roof from the top story shall be permitted to be by an alternating tread device . E. CHAPTER 32 -CRYOGENIC FLUIDS. I. Secdon 3204.3.J.J. Loc:adoa. (Amended to reJd as follows) Stationary containers shall be located in accordance with Section 3203 .6. Containers of cryogenic fluids shall not be located within dyked areas containing other haz.ardous materials . F. CHAPTER 33 -EXPLOSIVES AND FIREWORKS. I. 3301.J.3 Fireworks. (Am£nded to read as follo"•l The possession, manufacture, storage, sale, handling and use of any ignitable fireworks are prohibited. Excepdons: a. The use of fireworks for display as pennitted in Section 3308. 2. 3301.2.4 Financial Respon1lblllty. (Am ended to read as follows) Before a pennit is issued , as required by Section 3301.2, the applicant shall file with the jurisdiction a corporate surety bond in the principal sum of $2 ,000,000 or a public liability insurance policy for the same amount , with excess liability of $5,000,000 for the purpose of the payment of all damages to persons or property which arise from , or are caused by, the conduct of any authorized by the pennit upon which any judicial judgment results. The fire code official is authorized to specify a greater or lesser amount when, in his or her opinion, conditions at the location of use indicate a greater or lesser amount is required. Government entities shall be ex empt from thls bond requirement. G. CHAPTER 34 -FLAMMABLE AND COMBUSTIBL l' LIQUIDS l . 3404.l.9.5 .J (Amended to read as follow s) Loc:adons where above-around tanks are prohibited. Above-ground tanks shall be located in accordance with this section. H. CHAPTER 38 -LIQUEFIED PETROLEUM GASES. 1. 3804.l MaxlL1um Capacity within establlsbed limits. (Amended to read as f ollows) Asgregate capacity of any one installation shall not exceed a water capacity of2,000 gallons (7570 L). I. APPENDICES . (Amended to read as follows) I . Appendix D -Fire Apparatus Access Roads, which is adopted. ~-Safety Clauses . The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of -6- • • • • • • 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 funher determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. ~ ~-If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to ,my 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 circwnstanccs . ~ lnconsjs1ent Ordjnances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof arc hereby repealed to the extent of such inconsistency or conflict. Section 6. Effect of repeal or modification. The repeal or modification of any provis ion 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 forc e 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 . Sectio:a 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 adopt ion of this Ordinance, shall make an election to proceed under either the current Code or the 1997 Code but not a combination thereof. Section 8 Penalty. The Penalty Provision ofE.M.C. Section 1-4-1 shall app ly too.ch and every violation of this Ordinance . Introduced, read in full , amended and passed on first reading on the 20th day of February, 2007 . Published as amended as a Bill for an Ordinance on the 23rd day of February, 2007 . Read by title and passed as amended on final reading on the 5th day of March, 2007. Published as amended by title as Ordinance No.1/z_, Series of 2007, on the 9th day of March, 2007 . -7- I, Loucrishia A. Ellis, City Clerk of the City of Enalowood. Colorado, hereby certify that the above and foregoing is a true copy of the P!Jll,1llled Ordinance passed on final reading and published by title u OrdiMnce No . & Series of 200 . • • • ,· • • • COUNCIL COMMUNICATION Date: I Agenda Item: February 20, 2007 11 a vii I Subject: Adoption of the International Fire Code 2006 Initiated By: Sat ety Servi ces, Fire Di visio n I Staff Source: Ben Greene, Fire Marshal COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The adoption of the international Codes was reviewed by City Council at the August 21, 2006 Study Session . RECOMMENDED ACTION Staff recommends Council approve a Bill fo; an Ordinance adopting the international Fire Code 2006 to establish minimum requirements to safeguard th e public health, safety and general welfare. BACKGROUND, ANAL VSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood has used the Uniform Fire Code since 1980. Updates to this code have taken place as fire tech nology and building cons truction has changed . Fire Div isio n Staff has thoroughly reviewed the 2006 edition of the International Fir e Code. There are currently two other fire codes that are available and are bein g used in other parts of the country. The International Fire Code is a member of internationa ! family of codes. In keeping with the propose d recommendation for adoption of an Intern ational Building Code and wha t has been adopted throughout the metro Denv er area, th e international Fire Code is re co mmend ed . FINANCIAL IMPACT The only costs associated with the ordinance would be for the purchas e of code books . Those costs were paid for in the 2006 budget. LIST OF ATTACHMENTS Bill for an Ordinance .