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HomeMy WebLinkAboutordinance.council.057-86 ORDINANCE NO. _~ (Series of 19~) AN ORDINANCE ADOPTING BY REFERENCE THE UNIFORM FIRE CODE, 1985 EDITION, AMENDING CERTAIN SECTIONS OF SAID CODE; PROVIDING PENALTIES FOR THE VIOLATIONS OF SAID CODE; AND REPEALING SECTIONS OF THE MUNICIPAL CODE INCONSISTENT THEREWITH WHEREAS, the City Council desires to adopt, for the benefit of the City of Aspen, the 1985 edition of the Uniform Fire Code, to repeal existing fire code provisions, and implement recommended changes to the 1985 edition. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Sections 9-2 and 9-3 of Chapter 9 of the Municipal Code of the City be repealed and reenacted as follows: Section 2 That Section 9-2 of the Municipal Code of the City of Aspen, Colorado is hereby repealed and reenacted to read as follows: Section 9-2. Adoption of the Uniform Fire Codo. Pursuant to the power and authority conferred by the laws of the State of Colorado and the Charter of the City of Aspen, Colorado, it is hereby adopted as the fire code of the City of Aspen, Colorado, by reference thereto, the Uniform Fire Code, 1985 edition, including the appendix, except Sections ll-D and ll-C of said appendix, and excepting Section 2.103, 2.104, 34.104, 79.201, 79.402, 79.1404, 79.902(c), 25.115 and 25.116 and tables numbered 79.200A and 79.403 of such code published by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, Cali- fornia 90601, and the Western Fire Chiefs Association, 5360 South Workman Mill Road, Whittier, California 900601, all to have the same force and effect as though set forth herein every particular. Section 3 That Section 9-3 of the Municipal Code of the City of Aspen, Colorado, is hereby repealed and reenacted to read as follows: Section 9-3. Amendments. The Uniform Fire Code, 1985 edition, herein adopted shall be amended as follows: (a) Whenever, except in Divisions 1 and 11 of Article 10 of the code, there is used the word "chief,, or the words "fire chief", "chief of the fire department,, or "chief of the bureau of fire prevention", there shall be inserted "fire marshal,,, it being the intention of this amendment that all powers and duties attributed to these persons be assumed by the fire marshal. (b) Section 2.101 is amended to read as follows: Section 2.101. The fire marshal shall be responsible for the administration and enforcement of this code. He shall enforce all ordinances of this jurisdiction pertaining to: (a) The prevention of fires. (b) The storage, use and handling of explosive, flammable, toxic, corrosive and other hazardous gaseous, solid and liquid materials. (c) The installation and maintenance of automatic, manual and other private fire alarm systems and fire extinguishing equipment. (d) The maintenance and regulation of fire escapes. (e) The maintenance of fire protection and the elimination of fire hazards on land and in build- ings, structures and other property,including those under construction. (f) The means and adequacy of each exit in the event of fire, from factories, schools, hotels, lodging houses, asylums, hospitals, churches, halls, theaters, amphitheaters and all other places in which people work, live or congregate from time to time for any purpose. (g) The investigation of the cause, origin and circum- stances of fire. (c) All references to "fire prevention bureau", "bureau of fire prevention,,, "fire prevention engineer,, or "chief 3 engineer,,, shall be deleted, and in their stead,where appropriate, shall be inserted "fire marshal',, it being the intent of this amendment that all duties and powers assigned to the bureau of engineer by the Code shall inure to the fire marshal. (d) The phrase "fire department,, in Section 2.202(a) shall read "fire marshal". (e) That sentence of Section 2.204 reading "authorized representative,, shall include the officers named in Sections 2.104, 2.105 and 2.106 of this code" shall be deleted. (f) The following sentence shall be added to Section 2.203(a): "Copies of all such records shall be forwarded to the office of the fire marshal.,, (g) Section 2.205 is amended to read: A. Any notice and order authorized or required by this chapter shall be served upon the owner, occupant, operator or other person responsible for the condition or violation by personal service, registered mail, or by delivering said order or notice to and leaving it with some person of suitable age and discretion upon the premises. If the building or other premises is owed by one 4 person and occupied by another, under lease or otherwise, and the notice and order requires additions to or changes in the building or premises such as would be considered real estate and become the property of the owner, said notice and order shall be directed to such owner of the building or premises. B. Every notice and order pursuant to this chapter shall set forth a time by which compliance with the notice and order is required. The time specified shall be reasonable according to the circumstances of the particular hazards or condition to which the notice and order pertains. Immediate compliance may be required in any case which represents extreme or imminent danger to persons or property. C. Except for cases where immediate compliance is required, notice and orders pursuant to this chapter may be appealed to the Aspen Fire District Fire board or their authorized representative. appeals shall be in writing and submitted within ten days after service of the order of notice, or within the time specified for compliance if less than ten days. Within ten days after submission 5 of the appeal, the Fire Board or their authorized representative shall review the matter and prepare a written decision thereon. Unless said decision revokes or modifies the order or notice appealed from, said order or notice shall remain in full force and shall be accomplished with within the time specified in said decision. D. In cases where immediate compliance is required, the notice and order so stating shall be final and conclusive. (h) Section 2.302 is hereby amended to read: In order to determine the suitability of alternate materials and type of construction and to provide for reasonable interpretations of the provisions of this code, there shall be and hereby is created a Board of Appeals consisting of members of the Fire Board who will pass upon pertinent matters. The Fire Chief shall be an ex-officio member and shall act as advisor on qualified issues. The board shall adopt reasonable rules and regulations for conducting its investigations and shall render all decisions and findings in writing to the Fire Marshal, with a duplicate copy to the appellant,, and may recommend to the executive body such new legislation as is consistent therewith. 6 (i) The Section 9.109 definition of "guest" shall read: "Guest shall mean any person hiring or occupying a room or bed for living or sleeping purposes." (j) The Section 9.110 definition of "highway" shall read: "Highway shall mean any public street, public road or public alley." (k) The Section 9.121 definition of "street" shall read: "Street shall mean any thoroughfare, alley or public space not less than sixteen (16) feet in width which has been dedicated or deeded to the public for public use." (1) Section 12.113(2) is amended to read as follows: "Separate sources of power. The power supply for exit illumination shall normally be provided by the premises wiring system. In the event of its failure, illumina- tion shall be automaticallyprovided form an emergency system where the occupant load served by exiting system exceeds: A. Fifty in all Group A Occupancies. B. One hundred in Group I Occupancies. C. One hundred in Group R, Division 1 Occupancies having an interior exit corridor system. D. Five hundred in Group B, Division 2 Occupancies used for retail sales or offices. For high-rise buildings and smokeproof enclosures, see the building code. Emergency systems shall be supplied from storage batteries or an on-site generator set, and the system shall be installed in accordance with the requirements of the Electrical Code. (m) Section 77.105 is amended to read as follows: "Before a permit is issued, as required by subsection (a) (3) of Section 77.104, the applicant shall file with the City of Aspen a corporate surety bond in a principal sum equal to the amount required by the Colorado State Statutes of persons engaging in similar activities, or a public liability insurance policy for the same amount, for the purpose of the payment of all damages to persons or property which arise from, or are caused by, the conduct of any act authorized by the permit upon which any legal judgment results. The fire marshal may specify a greater or lesser amount when, in his opinion, conditions at the location of use indicate a greater or lesser amount is required. Public agencies shall be exempt from this bond requirement." (n) Section 77.201(j) is amended to read: "Storage of explosives in quantities exceeding fifty (50) pounds shall be in a Class I magazine, except that 8 a Class II magazine may be used for temporary storage of a larger quantity of explosives at the site of blasting operations where such amount constitutes not more than one day's supply for use in current opera- tions. At the end of the day's operations any remain- ing explosives shall be safely destroyed or returned to a Class I magazine." (o) Section 77.201(k) is hereby amended to read: "Storage of explosives in quantities of fifty (50) pounds or less shall be in Class I or Class II magazines, except that explosives in any quantity when stored in remote locations shall be in Class ~, bullet resistant magazines." (p) Section 77.301(b) is hereby amended to read: "The handling and firing of explosives shall only be performed by the person possessing a valid explosives certificate issued by the State of Colorado." (q) Section 79.501 is amended to read: "Hereafter no tank for the storage of flammable fluid in excess of ten (10) gallons shall be erected, repaired, renewed or replaced either wholly or par- tially above ground, and where ~n the opinion of the fire marshal an existing tank constitutes a fire hazard through neglect or disrepair, he shall order such tank 9 removed; provided, however, that tanks or other facilities for the storage of Class 6 fuel oil may be installed above ground if approved by the fire marshal and in accordance with existing codes and regulations pertaining to above ground storage." (r) Section 79.501 is added to read: "A permit shall be obtained from the fire marshal for the storage or keeping of any volatile inflammable fluids in excess of ~ive (5) gallons in any building and of ten (10) gallons on any premises. The fire marshal is further authorized to issue temporary permits for the above ground storage of such fluids in tanks which shall not exceed a five hundred (500) gallon capacity for the purpose of providing fuel for heavy equipment used in building construction, earth moving, earth grading or similar operations, and such permits may be issued only for sites where there are not close hazards. Such temporary permits shall be issued with time limits set which shall conform to the reasonably necessary time for completion of the individual job for which the permit is issued." (s) The title of Division IV of Article 79 is amended to read "Container Storage". 10 (t) Section 79.401 is amended to read: "This division shall apply only to the storage and dispensing of flammable or combustible liquids in drums or other containers not exceeding sixty (60) gallon individual capacity." (u) A new Section 79.112(g) is added which will provide: "Hereafter no tank for the storage of flammable fluid in excess of ten (10) gallons shall be erected, repaired, renewed or replaced either wholly or par- tially above ground, and where in the opinion of the fire marshal an existing tank constitutes a fire hazard through neglect or disrepair, he shall order such tank removed." (v) The last sentence of Section 79.902(d) is amended to read: "Class I, II or III-A liquids may be stored within service station buildings in an approved container of not more than sixty (60) gallon capacity." (w) Section 79.903 is amended by the addition of subsection (f) which reads: "Any coin-operated, card-operated, remote preset type or other self-dispensing or self-service device shall meet the requirements of Underwriters' Laboratories and bear the seal of approval of that agency." 11 (x) Section 79.903 is further amended by the addition of subsection (f) which reads: "If the dispensing of Class I liquids at a service station available and open to the public is to be done by a person other than the service station attendant, the nozzle shall be an approved automatic-closing type without a latch-open device." (y) Section 79.1204 is amended by the addition of the following subsections: "(n) When tank vehicles are engaged in making deliver- ies of Class I flammable liquids, there shall be maintained a liquid and vapor-tight screwtight connection between the tank vehicles and the tank being filled. Other equally effective means of maintaining a tight connection may be employed upon approval of the fire marshal. (o) The maximum length of the delivery hose used to connect the tank vehicle to the tank being filled shall not exceed twenty (20) feet. (p) The following limitations upon capacities of motor vehicles used in transport shall be enforced: (1) Tank delivery vehicles used for the delivery of flammable liquids as defined in this article, having an aggregate capacity in 12 excess of one thousand five hundred (1,500) gallons shall be equipped with a single cargo tank mounted thereon, self-propelled, and of the diesel powered type. (2) It shall be unlawful for any motor vehicle having a tank capacity in excess of two thousand five hundred (2,500) gallons liquid capacity to deliver LP gas to any place of storage within the corporate limits of the city. (3) It shall be unlawful for any motor vehicle having a tank capacity in excess of five thousand (5,000) gallons aggregate, or with any one compartment thereof in excess of two thousand five hundred (2,500) gallon individual capacity, to deliver flammable liquids to any place of storage within the corporate limits of the city. (4) It shall be unlawful for any motor vehicle transporting flammable liquids in excess of five thousand (5,000) gallons, or any motor vehicle transporting LP gas in excess of two thousand five hundred (2,500) gallons liquid, or any vehicle transporting explosives and 13 other dangerous articles, to remain within the city for a period exceeding one hour, unless as provided herein. (5) It shall be unlawful for any motor vehicle other than a 'tank delivery vehicle' as defined herein to deliver flammable liquids, LP gas, or other dangerous articles to any place of storage within the corporate limits of the city." (z) Section 25.101 is amended to read: "No place of assembly as defined in Article I shall be maintained, operated or used as such without a certifi- cate of occupancy." (aa) Section 10.306 is hereby amended to read: "Every apartment house,lodging house, dormitory, convent, monastery, rooming house, condominium, or hotel two stories or more in height and containing more than four apartments or guest rooms shall have installed therein an approved automatic or manually operated fire alarm system so designed that all occu- pants of the building may be warned simultaneously." (bb) Section 10.306 is amended by the addition of subsec- tions (f), (g) and (h), which said subsections read: "(f) A visual signal shall be required whenever an audible alarm signal is required for an automatic fire alarm system, the visual signal shall meet the following requirements: 1. The light used shall be of the strobe type producing at least one million candle power, or incandescent flashing type which can be plainly seen for at least 1,500 feet in all directions of approach. 2. Lights are to be red in color for systems equipped with a fire department connection and yellow in color for systems not having a fire department connection. 3. In systems with fire department connection the light is to be located at least 12' above and as directly vertical to the fire depart- ment connection as possible. In systems without fire department connection the light is to be located so as to be visible from the nearest street. 4. A sign with the words "Fire, Call Fire Department" (black on a white background and large enough to be visible from the center of 15 the adjacent street) shall be mounted directly above the light. 5. The light shall not replace the audible alarms, but is to be used in conjunction with it. 6. The visual and audio signal shall be together on a circuit separate from all other except exit signs. (g) An inside audible alarm is to be installed wherever an alarm is required by Section 10.306 of the Uniform Fire Code of Section 3802 of the _ Uniform Building Code, except in single family, duplex, triplex, or fourplex residential dwell- ings. In the case of public assembly areas with an occupant load of one hundred (100) or more persons or where, in the opinion of the Building Official or the Fire Marshal, the installation of an inside alarm may resulting creating panic, the alarm signal shall be installed in an attended area (e.g. projection booth, manager's office) from where there can be effectuated an orderly evacuation of the assembly area pursuant to the system approved by the Building Official or Fire Marshal. 16 (h) Ail fire alarm systems within the City in opera- tion on the effective date of this ordinance shall, within one year from said effective date, be brought into conformance with the above requirements.,, Section 4 That Section 9-4 of the Municipal Code of the City of Aspen, Colorado, is hereby repealed and reenacted as follows: Section 9-4. Penalties for violations. Any person, firm or corporation violating any provision of the Uniform Fire Code of amendments thereto or any other provisions of this chapter shall be deemed guilty of a misde- meanor, and each person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of the Uniform Fire Code of this chapter is committed, continued or permitted, and upon conviction of any such violation such person shall be punished by a fine of not more than Three Hundred Dollars ($300.00), or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment. Section 5 That the Uniform Fire Code, 1985 edition, hereinabove adopted by reference is to govern the maintenance of buildings and premises; to safeguard life, health, property and public 17 welfare by regulating the storage, use and handling of dangerous and hazardous materials, substances, and processes, and by regulating the maintenance of adequate egress facilities. Section 6 That three copies of the primary code and secondary code being considered for adoption by this ordinance, all certified to be true copies by the Mayor and City Council, shall be on file with the City Clerk and shall be open for public inspection in her office at the Aspen City Hall, Aspen, Colorado, any weekday between the hours of 9 A.M. and 5 P.M., at least fifteen days preceding the public hearing on this ordinance. Section 7 That on passage of this ordinance, and adoption of this code by reference, one copy of the code may be kept in the office of the chief enforcement officer instead of in the office of the City Clerk. Following the adoption of this code, the City Clerk shall at all times maintain a reasonable supply of copies of the code available for purchase by the public. Section 8 Existing ordinances or parts of ordinances covering the same matters as embraced in this ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provi- sions this ordinance are hereby repealed, except that this repeal shall not affect or prevent the prosecution or punishment of any 18 person for any act done or committed in violation of any ordin- ance hereby repealed prior to the taking effect of this ordin- ance. Section 9 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 9 A public hearing on the ordinance shall be held on the /~ day of ~~ , 1986, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. Pursuant to the provisions of Section 31-12-403, C.R.S., as amended, notice of the hearing shall be published at least twice, once at least eight (8) days preceding the hearing and once at least fifteen (15) days preceding it. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the ~~day of ~ , 1986. William L. St 19 ATTEST: Kathryn ~. Koch, City Clerk FINALLY adopted, passed and approved this /~ day of ~ , 1986. William n. Sti~l~ ATTEST: Kathryn S~Koch, City Cl~ 20