HomeMy WebLinkAboutordinance.council.035-02 ORDINANCE NO. 35
(SERIES OF 2002)
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, TO AMEND SECTION 11.04 OF THE MUNICIPAL CODE
OF THE CITY OF ASPEN - FIRE PREVENTION AND PROTECTION AND TO
AMEND SECTION 24.16 OF THE MUNICIPAL CODE OF THE CITY OF
ASPEN - RESIDENTIAL PARKING PERMIT SYSTEM FOR THE PURPOSE OF
IMPLEMENTING NEW REGULATIONS ENSURING THE SAFETY OF
CONSTRUCTION SITES.
WHEREAS, the City Council of the City of Aspen directed the Community
Development Director and the Chief Building Official of the Community Development
Department to propose amendments to the Municipal Code to improve fire protection for
construction sites and knprove emergency access and parking for construction sites; and,
WHEREAS, the amendments requested relate to Section 11.04.030, Fire
Prevention and Protection - Amendments, and to Section 24.16, Residential Parking
Permit System, of the Aspen Municipal Code; and,
WltEREAS, pursuant to Section 1.04.060, amendments to the Municipal Code
may be approved by City Council by adoption of an Ordin~ance; and,
WHEREAS, the Chief Building Official, the Community DeVelopment Director,
and the Aspen Fire Marshal recommend adoption of the amendments, as described herein,
to the afore mentioned sections for the purpose of protecting the public health, welfare,
and safety; and,
WItEREAS, City Council reviewed and considered the recommendations of the Chief
Building Official, the Community Development Director, the Aspen Fire Marshal, and
members of the public during a duly noticed public hearing; and,
WHEREAS, the City Council finds that the amendments, as hereinafter described,
meet or exceed all applicable standards and that the approval is consistent with the goals and
elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare and should he adopted as an Emergency
Ordinance pursuant to Section 4.11 of the City Charter.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO, THAT:
Section 1:
Section 24.16 of the Municipal Code of the City of Aspen, Colorado, which section
defines, describes, authorizes, and regulates the on-street parking permit program within
the City of Aspen shall hereby be amended by adding a section related to requirements for
construction staging areas, construction parking areas, and emergency access areas for
construction sites within the City of Aspen which said section shall read as follows:
Ordinance No. 35, Series of 2002
Page 1
24.16.240 Construction Staging Area, Parking, and Emergency Vehicle
Access Management Plan
To ensure proper public health, welfare, and safety, the City of Aspen requires
approval of job site plans describing construction staging area(s), location and
number of construction-related vehicles, and ensuring proper emergency vehicle
access for construction projects within the City of Aspen. These plans are required
for all residential construction or remodeling of 1,500 square feet, or more, for any
construction or remodeling involving multi-family buildings (three or more units),
or for any construction or remodeling involving commercial buildings. All other
construction activity shall be considered exempt from these provisions.
The construction project shall be issued street parking permits for the expected
duration of the project for a fee. Parking permits issued, pursuant to an approved
Construction Staging Area, Parking, and Emergency Vehicle Access Management
Plan, shall permit the all-day on-street parking of construction related vehicles
within the specified construction parking area for the duration of the construction
project. Construction vehicles parked outside of the approved area or after the
specified construction duration shall be considered in violation.
The Chief Building Official shall require submission of a Construction Staging
Area, Parking, and Emergency Vehicle Access Management Plan with submission
of building permit documents. A building permit shall not be issued until such plan
has been reviewed and approved by the Chief Building Official.
All construction staging and construction parking shall be confined to the areas
defined in the approved plan for the job site. Workers shall be encouraged to
carpool. Emergency access, as described in the approved plan for the job site,
shall at no time be blocked. A stop work order may be issued upon non-
compliance.
Section 2:
Section 11.04.030 of the Municipal Code of the City of Aspen, Colorado, which
Section defines, describes, and authorizes the regulations for fire prevention and
protection within the City of Aspen shall hereby be amended by adding a section
related to requirements for construction projects within the City of Aspen and the
use of temporary heating systems which said section shall read as follows:
(ii) The following shall be added to Section 8203.2.1.2:
To ensure proper public health, welfare, and safety, the City of Aspen requires any '
construction site using fuels to generate temporary heat for the purpose of
conditioning space during the process of construction shall be equipped with:
1. Signaling devices capable of detecting dangerous levels of heat and/or
smoke and capable of notifying a qualified party with responsibility to
monitor the site and respond to the alarm and take appropriate actions;
Ordinance No. 35, Series of 2002
Page 2
2. As an alternate, an approved fire watch plan and schedule may be
substituted for the alarm requirement;
3. Associated supply lines shall be protected from flame or heat
impingement resulting in failure of the appliance or supply hoses
resulting in flee flow of volatile fuel into the atmosphere and/or fire
situation;
4. A free flow shut-off value shall be required on all propane tanks
supplying temporary heat systems; or,
5. Any other plan acceptable to the Fire Marshal.
Prior to the installation of any temporary heating device(s), the system equipment
check list, prepared and maintained by the Fire Marshal, shall be submitted and
approved by the Fire Marshal's Office. It shall be the responsibility of the
contractor to notify the Fire Marshal prior to the activation of any temporary
heating device.
The principal contractor or home owner-builder shall submit a statement
acknowledging and agreeing to the terms of this section with submission of
building permit documents. A stop work order may be issued upon non-
compliance with provisions of this section.
(jj) Section 16 of the Appendix tI-A of the Uniform Fire Code is amended as
follows:
Section 3:
Thins Ordinance is adopted as an emergency ordinance, pursuant to Section 4.11 of the
City Charter, and shall be effective November 1, 2002 and apply to all currently
permitted and active construction projects within the City of Aspen thereafter.
Section 4:
This Ordinance shall not affect any existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the
ordinances repealed or amended as herein provided, and the same shall be conducted
and concluded under such prior ordinances.
Section 5:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for
any reason held invalid or unconstitutional in a court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision and shall not
affect the validity of the remaining portions thereof..
Section 6:
A public hearing on the Ordinance shall be held on the 15th day of October, 2002, at
5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15)
days prior to which hearing a public notice of the same was published in a newspaper of
general circulation within the City of Aspen~
Ordinance No. 35, Series of 2002
Page 3
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the 23~ day of September, 2002.
Attest: ~
FINALLY, adopted, passed and apProved this l~day of (~ ~r2002.
Attest:
~,~n S.~o~, ~ C,~k
Approved as to form:
Ordinance No. 35, Series of 2002
Page 4