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ORDINANCE NO. 1'5
(Series of 1996)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING SECTIONS 11.04.020 AND 11.04.030 OF THE ASPEN MUNICIPAL CODE,
ADOPTING BY REFERENCE THE UNIFORM FIRE CODE, 19941 EDITION,
AMENDING CERTAIN SECTIONS 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 1994
edition of the Uniform Fire Code, to repeal existing fire code provisions, and implement
recommended changes to the 1994 edition.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO, THAT:
Section I
That Section 11.04.020 of the Municipal Code of the City of Aspen, Colorado, is hereby
repealed and reenacted to read as follows:
11.04.020 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, 1994 edition, including the appendix,
except Sections ll-C and ll-D of said appendix, and excepting Section 103.2.2.1,103.2.2.2,
2501.17,2501.18,3409,5202.2.6 and 7901.3.2 of such code published by the International
Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California 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 in every particular.
Section 2
That Section 11.04.030 of the Municipal Code of the City of Aspen, Colorado, is hereby
repealed and reenacted to read as follows:
11.04.030 Amendments
The Uniform Fire Code herein adopted shall be amended as follows:
(a) Section 103.1.4 is hereby amended to read:
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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 Marshall, with a duplicate
copy to the appellant and may recommend to the executive body such new
legislation as is consistent therewith.
(b) Section 103.2.1.1 is amended to read as follows:
The fire marshal shall be responsibte for the administration and enforcement of
this code. He shall enforce all ordinances of this jurisdiction pertaining to:
(1) Tne prevention of fires.
(2) The storage, use and handling of explosive, flanunable, toxic, corrosive and
other hazardous gaseous, solid and liquid materials.
(3) The installation and maintenance of automatic, manual and other private
fire alarm systems and fire extinguishing equipment.
(4) The maintenance and regulation of fire escapes.
(5) The maintenance of fire protection and the elimination of fire hazards on
land and in building, structures and other property, including those under
construction.
(6) 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.
(7) The investigation of the cause, origin and circumstances of fire. All
refercnces to "fire prevention bureau," "bureau of fire prevention," "fire
prevention engineer," or "chief 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."
(c) That portion of the sentence in Section 103.4.1.1 reading "shall include the officers
named in Sections 103.2.2.2 and 103.2.1.2 of this code" shall be deleted.
(d) Section 103.4.2 is amended to read:
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(I) 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 person and occupied by another, under tease 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.
(2) 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.
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(3) 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 ifless than ten days. Within ten days after
submission 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.
(4) In cases where immediate compliance is required, the notice and order so
stating shall be final and conclusive.
(e) Whenever, except in Article 1, Sections 104.1, 104.1.1, 104.1.2, and 104.1.3 of the code,
there are used the words "chief," "fire chief," "chief of the fire department or "chief of the bureau
of fire prevention," there may be inserted "fire marshal, it being the intention of this amendment
that all powers and duties attributed to these persons be assumed equally.
(f) The phrase "fire department" in Section 104.2 shall read "fire marshal."
(g) The following sentence shall be added to Section 104.3.1:
Copies of all such records shall be forwarded to the office of the fire marshal.
(h) The definition of "guest" in Section 208-G shall read:
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Guest shall mean any person hiring or occupying a room or bed for living or
sleeping purposes.
(i) The definition of "highway" in Section 209-H shall read:
Highway shall mean any public street, public road or public alley.
(j) The definition of "street" in Section 220-S 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."
(k) Section 1003.2.8 is hereby amended to read:
Hereafter, 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 sprinkler system throughout the premises.
(I) Section 1003.2.9 is hereby amended to read:
Any building for which plans are submitted in accordance with Article V of
Chapter 7 of the Code on or after July 31, 1991, in excess of 5,000 square feet
or in a location that is difficult to access as determined by the fire marshal, shall
be equipped with an approved automatic sprinkler system. Fire separations shall
not constitute separate buildings for this purpose.
(m) Section 1003.2.9.1 shall be added to read:
A visual and audible water flow alarm shall be installed on the exterior of the
building. This alarm shall be located so as to be visible from the nearest fire
department access road.
(n) Section 1007.2.9 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 occupants
of the building may be warned simultaneously. Fire alarm systems shall be
installed in accordance with U.F.C. Section 1007 and nationally recognized
standards.
(0) Sectiol11007 is amended by the addition of subsections 1007.3.3.3.4.1,
100'7.3.3.3.4.2. and 1007.3.3.3.4.3, which read as follows:
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1007.3.3.3.4.1 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 connections the light is to be located at
least 12' above and as directly vertical to the fire department 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 fTOm all
others except exit signs.
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1007.3.3.3.4.2 An inside audible alarm is to be installed whenever an alarm is
required by Section 1003 of the Uniform Fire Code and Chapter 3 of the Uniform
Building Code, except in single family, duplex, triplex or fourplex residential
dwellings. In the case of public assembty 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.
1007.3.3.3.4.3 All fire alarm systems shall be installed and in operation within one
year of notification by the fire prevention bureau. This ordinance appties to existing
as well as new construction.
(P) Article 11, Section 1102.3 is amended to add the following sentences:
Open burning shall be prohibited from May 31 to October 1.
EXCEPTION: Open burning may be permitted when in the opinion of the
Chief the atmospheric conditions are conducive for safe burning.
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(q) Article 11, Section 1109, Smoking, is amended by adding the following
subsection:
11 09.4 .1.1. Hotels, Etc.
(1) It shall be unlawful for any person to cause a fire through the use 0['
misuse of tobacco in any form or of matches or lighters used in connection
therewith, in any hotel, motel, rooming or lodging house.
(2) All 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 1109.4.1.1, along with the penalty imposed
for such violation. Any person violating said section shall be guilty of a
misdemeanor. Such posting shall be done at no expense to the City.
(r) The following shall be added to Section 1212.9:
Separate sources of power. The power supply for exit illumination shall normally
be provided by the premises wiring system. hI the event of its failure, illumination
shall be automatically provided from an emergency system where the occupant
load served by the exiting system exceeds:
(1) Fifty in all Group A Occupancies.
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(2) One hundred in Group I Occupancies.
(3) One hundred in Group R, Division 1 Occupancies having an interior exit
corridor system.
(4) Five hundred in Group B, Division 2 Occupancies used for retail sates or
offices. For high-rise buildings and smoke proof 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.
(s) Section 1303.5.2, EXCEPTION, shall be amended to read:
Posting of diagrams is not required in apartment buildings used for long term
rental or habitation.
(t) Section 2501 is amended to read:
No place of assembly as defined in Article 2 shall be maintained, operated or
used as such without a certificate of occupancy.
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(u) Section 5201.6.3. is amended to read:
Unsupervised dispensing to the general public shall be prohibited.
Unsupervised private dispensing shall be by permit only.
(v) The last sentence of Section 5202.3.7 is amended to read:
Class I, II, or Ill-A liquids may be stored within service station buildings
in an approved container of not more than sixty (60) gallon capacity.
(w) The following shall be added to Section 5202.4.7:
Any approved dispensing device shall bear the seal of the approving agency.
(x) Section 7701.4 is amended to read as follows:
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Before a permit is issued, as required by Section 7701.3, Subsection 7701.1, #3,
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 Marshat 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.
(y) The following is added to Section 7702.1.18:
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 operations. At the end
of the day's operations any remaining explosives shall be safely destroyed or retumed
to a Class I magazine.
(z) Section 7702.1.19 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.
(aa) Section 7702.1.20 is hereby added 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.
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(bb) Section 7802.3, Prohibition, is amended to read:
The storage, sale, use and handling of fireworks are prohibited.
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(cc) The following shall be added to Section 7802.3 EXCEPTION 3:
The storage, sale, use and handling oftoy caps, sparklers and smoke snakes shall
be permitted.
(dd) The following Section 7902.1.7.2.5.1 is hereby added:
Hereafter no tank for the storage of flammable fluid in excess often (10) gallons shall
be erected, repaired, renewed or replaced either wholly or partially 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.
(ee) The following shall be added to Section 7902.2.2.8:
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A permit shall be obtained from the Fire Marshal for the storage or keeping of a
volatile inflammable fluids in excess of five (5) gallons in any building and often
(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.
(ft) The title of7902.3 is amended to read "Container Storage."
(gg) Section 7902.3 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.
(hh) Section 7902.3.1 is hereby amended to read:
7904.6.4.1 When tank vehicles are engaged in making deliveries of Class I flammable
liquids, there shall be maintained a liquid and vapor-tight screw connection
between the tank vehicles and the tank being filled. Otller equally effective
means of maintaining a tight connection may be employed upon approval
of the Fire Marshal. I,
7904.6.4.2 The maximum length of the dl,livery hose used to connect the tank vehicles
being filled shall not exceed twenty (20) feet.
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7904.6.4.3 The following limitations upon capacities of motor vehicles used in
transport shall be enforced.
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7904.6.4.4 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.
7904.6.4.5 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.
7904.6.4.5 It shall be unlawful for any motor vehicle having a tank capacity in excess
of five thousand (5,000) gallons aggregate, or with anyone 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.
7904.6.5.2.3.1 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.
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7904.6.7.1 It shall be unlawful for any motor vehicle other than a tanle 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.
(ii) Section 16 of the Appendix II-A of the 1994 Uniform Fire Code is amended as follows:
CLEARANCE OF BRUSH OR VEGETATIVE GROWTH FROM STRUCTURES
(a) Any person owning, leasing, controlling, operating or maintaining any building or
structure in, upon, or adjoining any hazardous fire area, and any person owning,
leasing or controlling any land adjacent to such buildings or structures, shall at all
times:
(1) Maintain around and adjacent to such building or structure an effective firebreak
made by removing and clearing away, for a distance therefrom of not less than
30 feet on each side thereof, all flammable vegetation or other combustible growth.
This section shall not apply to single specimens of trees, ornamental shrubbery or
or similar plants used as ground covers, provided that they do not form a means
of rapidly transmitting fire from the native growth to any structure.
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(2) Maintain around and adjacent to any such building or structure additionat fire
protection or firebreak made by r,emoving all brush, flammable vegetation or
combustible growth located from 30 feet to 100 feet from such building or
structure as may be required by the chief when he fmds that because of
extrahazardous conditions a firebreak of only 30 feet around such structure
is not sufficient to provide reasonable fire safety. Grass or other vegetation
located more than 30 feet from such building or structure and less than 18 inches
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in height above the ground may be maintained where necessary to stabilize the
soil and prevent erosion.
(3) Remove that portion of any tree which extends within 10 feet of the outlet of any
chimney.
(4) Maintain any tree adjacent to or overhanging any building free of deadwood.
(5) Maintain the roof of any structure free ofleaves, needles or other dead vegetative
growth.
(b) In the event that any of the conditions prohibited by Subsection (a) of this section exist,
the executive body may instruct the chief to give notice to the owner of the property
upon which such condition exists to correct such prohibited condition, and if the owner
fails to correct such condition the executive body may cause the san1e to be done and
make the expense of such correction a lien upon the property upon which such condition
exists.
CLEARANCE OF BRUSH OR VEGETATIVE GROWTH FROM ROADWAYS
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(a) The chief may remove and clear within 10 feet on each side of every roadway all
flanunable vegetation or other combustible growth and may enter upon private property
to do so. This section shall not apply to single specimens of trees, oruamental
shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar
plants used as ground covers, provided that they do not form a means of readily
transmitting fire. As used in this section, "roadway" means that portion of a
highway or private street improved, designed or ordinarily used for vehicular travel.
(b) If the chief determines in any specific case that difficult terrain, danger of erosion or
other unusual circumstances make strict compliance witll the clearance of vegetation
provisions of Sections 15, 16, or 17 of this appendix undesirable or impractical, he
may suspend enforcement thereof and require reasonable alternative measures
designed to advance the purposes of this article.
Section 3
That the Uniform Fire Code, 1994 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 4
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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
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with the City Clerk and shalt be open for public inspection in her office at the Aspen City Hall,
Aspen, Colorado, any weekday between the hours of9 a.m. and 5 p.m., at least fifteen days
preceding the public hearing on this ordinance.
Section 5
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 Cleric
F oltowing the adoption of this code, the City Clerk shalt at alt times maintain a reasonable supply
of copies of the code available for purchase by the public.
Section 6
Existing ordinances or parts of ordinances covering the same matters as embraced in this
ordinance are hereby repealed and alt ordinances or parts of ordinances inconsistent with the
provisions of this ordinance are hereby repealed, except that this repeal shalt not affect or prevent
the prosecution or punishment of any person for any act done or committed in violation of any
ordinance hereby repealed prior to the taking effect of this ordinance.
Section 7
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 shalt not affect the validity of the
remaining portions thereof.
Section 8
A public hearing on the ordinance shalt be held on the 13 day of 7rk~
1996, in the City Council Chambers, Aspen City Halt, 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.
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INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law by the
City Council of the City of Aspen on the ~ day of ~..) , 1996.
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ATIEST:
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FINALLY adopted, passed and approved this 13 day of ~____ , 1996.
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John Bfnnett, Mayor
AITEST:
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