HomeMy WebLinkAboutordinance.council.009-89 ORDINANCE NO. ~'
(Series of 1989)
AN ORDINANCE ADOPTING BY REFERENCE THE UNIFORM FIRE CODE, 1988
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 1988 edition of the Uniform Fire Code,
to repeal existing fire code provisions, and implement recom-
mended changes to the 1988 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
o$' the City be repealed and reenacted as follows: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Colorado is hereby repealed and reenacted to read as follows: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 Code.
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, 1988 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 number 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 90601, 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Colorado, is hereby repealed and reenacted to read as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:
(a) Whenever, except in Divisions I and II 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
building, 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, hails,
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) Ail references to "fire prevention bureau", "bureau of
fire prevention", "fire prevention engineer", or "chief
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engineer", shall be deleted, and in their stead, where
appropriate, shall be inserted "fire marshal", it
being the intent of this amendment that ail 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 ail 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 owned by one
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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
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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 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 2.303 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.
(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 9.212 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 10.306(h) Amended to read:
"Hereafter, every apartment house, lodging house,
dormitory, convent, monastery, rooming house, con-
dominium or hotel two stories or more in height and
containing more than four apartments or guest rooms
shall have installed therein an approved automatic
sprinkler system throughout the premises.
(m) Article 13 "Smoking" is amended by adding
thereto the following section, Section 13.106
"Hotels, etc." Section 13.106(h)
(a) It shall be unlawful for any person to
cause a fire through the use or misuse of
tobacco in any form or of matches or lighters
used in connection therewith, in any hotel,
motel, rooming or lodging house.
(b) Ail managers, or operators of hotels, motels,
rooming or lodging houses shall post in a
conspicuous place within such hotel, motel,
rooming or lodging house a copy of Section
13.106, along with the penalty imposed for
such violation. Any person violating such
shall be guilty of a misdemeanor.
Such posting shall be done at no expense to
to the City.
(m) Section 12.108(e) Section has been added.
"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 automatically provided from an emergency
system where the occupant load served by exiting system
exceeds:
A. Fifty in ali 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.
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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.
(n) Section 14.104(c) 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 ali occu-
pants of the building may be warned simultaneously."
(p) Section 14.104 is amended by the addition of
subsections (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
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plainly seen for at least 1,500 feet in all
directions of approach.
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 connections
the light is to be located at least 12' above
and as directly vertical to the fire depart-
connection as possible. In systems without
fire department connections 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
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.
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(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 result in 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.
(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."
(o) Section 25.101 is amended to read:
"No place of assembly as defined in Article g shall be
maintained, operated or used as such without a certifi-
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cate of occupancy."
(p) 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."
(q) 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
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-
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lng explosives shall be safely destroyed or returned
to a Class I magazine."
(r) 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 I, bullet
resistant magazines."
(s) 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."
(t) Section 79.115(h) new section added:
"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; 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."
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(u) Section 79.501(i) 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 fire (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 the time limits set which shall conform to
the reasonably necessary time for completion of the
individual job for which the permit is issued."
(v) The title of Division IV of Article 79 is amended to
read "Container Storage."
(w) 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."
(x) The last sentence of Section 79.902 (d) is amended to
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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."
(y) Section 79.903 is amended by the addition of subsection
(g) which reads:
"Any coin-operated, card-operated, remote preset type
or other self-dispensing or self-service device shall
meet the requirements of Underwriter's Laboratories and
bear the seal of approval of that agency."
(z) Section 79.903 is further amended by the addition of
-- subsection (h) 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."
(aa) 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
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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
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 (2,5001 gallons liquid
capacity to deliver LP gas to any place of
storage within the corporate limits of the
city.
(3) It shall be unlawful to 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
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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
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."
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
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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, 1988 edition, hereinabove
adopted by reference is to govern the maintenance of buildings
and premises; to safeguard life, health, property and public
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 Hail, Aspen, Colorado, any weekday
between the hours of 9 A.M. and 5 P.M., at least fifteen days
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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
person for any act done or committed in violation of any ordin-
ance hereby repealed prior to the taking effect of this or-
dinance.
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.
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Section 9
A public hearing on the ordinance shall be held on the
/~ day of '~L~ , 1989, 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 /~-Yday of
William L. Stifling, Mayor
ATTEST:
Kathryn S. Koch, City Clerk //~_./
FINALLY adopted, passed and approved this day of
/
William L. Stifling, Mayor
ATTEST:
Kathryn S. Koch, City Clerk