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HomeMy WebLinkAboutordinance.council.013-77RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. 13 (Series of 1977) AN ORDINANCE ADOPTING BY REFERENCE THE UNIFORM FIRE CODE, 1976 EDITION, AMENDING CERTAIN SECTIONS OF SAID CODE; PROVIDING PENALTIES FOR THE VIOLATIONS OF SAID CODE; AND REPEALING SECTIONS OF THE MUNICI- PAL CODE INCONSISTENT THEREWITH WHEREAS, the City Council desires to adopt, for the benefit of the City of Aspen, the 1976 edition of the Uniform Fire Code, to repeal existing fire code provisions, and implement recommended changes to the 1976 edition. I~OW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That section 9-2 and 9-3 of Chapter 9 of the Municipal Code of the City be repealed and reenacted as follows: Section 2 That Section 9-2 of the Municipal Code of the City of Aspen, Colorado is hereby repealed and reenacted to read as follows: "Section 9-2 Adoption of the Uniform Fire Code Pursuant to the power and authority conferred by the laws of the State of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, 1976 edition, including the appen- dix, ~xcept Section C, F and H of said appendix, and excepting Section 1.203, 1.204, 1.214, 1.215, 3.104, 15.407, 15.602, 15.703(b), 26.115(a) and 26.116 and table numbered 15.402, 15.407 and 15.409 of such code published by the International Conference of Building Officials, 5360 South Workman Mill Road, 7~hittier, California 90601, and the Western Fire Chiefs Association, 5360 South Workman Mill Road, Whittier, California 90601, RECORD OF PROCEEDINGS 100 Leaves of Aspen, follows: 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 Section 3 That Section 9-3 of the Municipal Code of the City Colorado, is hereby repealed and reenacted to read as Section 9-3. Amendments The Uniform Fire Code, 1976 edition, herein adopted shall be amended as follows: (a) Whenever, except in Divisions 1 and 11 of Article 13 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 1.201 is amended to read as follows: "Section 1.201. The fire marshall shall be responsible for the administration and enforce- ment of this code. l{e 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 extinguish- ing equipment. (d) The maintenance and regulation of fire escapes. -2- RECORD OF PROCEEDINGS 100 Leaves (e) The maintenance of fire protection and the elimination of fire hazards on land and in buildings, 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 circumstances of fire." (c) All references to "fire prevention bureau", "bureau of fire prevention", "fire prevention engineer" or "chief engineer", shall be deleted, and in their stead, ~here appropriate, shall be inserted "fire marshal", it being the intent of this amendment that all duties and powers assigned to the bureau and engineer by the Code shall inure to the fire marshal. (d) The phrase "fire department" in Section 1.208(a) shall read "fire marshal". (e) That sentence of Section 1.209 rized representative' shall include named in sections 1.204, code" shall be deleted. (f) The following sentence Section 1.213(a): reading "'Autho- the officers 1.205 and 1.206 of this shall be added to (g) "Copies of all such records shall be forwarded to the office of the fire marshal." The Section 1.~09 definition of "guest" shall -3- RECORD OF PROCEEDINGS 100 Leaves read: "Guest shall mean any person hiring or occupying a room or bed for living or sleeping purposes." (h) The Section 1.410 definition of "highway" shall read: "Highway shall mean any public street, public road or public alley." (i) The Section 1.421 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." (j) Section 11.105 is amended to read as follows: "Before a permit is issued, as required by sub- section (a)3 of Section 11.104, 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." -4- RECORD OF PROCEEDINGS 100 Leaves (k) Section ll.201(j) is amended to read: "Storage of explosives in quantities exceeding fifty (50) pounds shall be in a class I magazine, excep~ 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 returned to a class I magazine." (1) Section ll.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." (m) Section ll.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." (n) Section 15.201(a) is renumbered 15.201(a)1 and 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 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 -5- RECORD OF PROCEEDINGS 100 Leaves installed above ground if approved by the fire marshal and in accordance with existing codes and regulations pertaining to aboveground storage." (o) Section 15.201(a)2 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 five (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 pro- viding 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 buildings, combustible materials or other fire 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." (p) Section 15.211 is amended to read: "Tanks for the storage of flammable and com- bustible liquids may be installed under a building as an underground tank complying with Section 15.210." (q) The title of Division IV of Article 15 is amended to read "Container Storage." (r) Section 15.401 is amended to read: -6- RECORD OF PROCEEDINGS 100 Leaves (s) "This division shall apply only to the storage and dispensing of flammable or com- bustible liquids in drums or other containers not exceeding sixty (60) gallons individual capacity." A new Section 15.602 is added which will pro- vide: "Hereafter no tank for fluid in excess of ten the storage of flammable (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." (t) The last sentence of Section 15.703(c) is amended to read: "Class II and III liquids may be stored within service station buildings in an approved con- tainer of not more than sixty (60) gallon capacity." (u) Section 15.704 is amended by the addition of subsection (f)5 which reads: "Any coin-operated, card-operated, remote pre- set 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." (v) Section 15.704 is further amended by the addition of subsection (f)6 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 -7- RECORD OF PROCEEDINGS 100 Leaves shall be an approved automatic-closing type without a latch-open device." (w) Section 15.1104 is amended by the addition of the following subsections: "(n) When tank vehicles are engaged in making deliveries of class I flammable liquids, there shall be maintained a liquid and vapor-tight screwtight connection between the tank vehicle and the tank being filled. Other equally effective means of maintaining a tight connec- tion 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 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 -3- RECORD OF PROCEEDINGS 100 Leaves (x) (y) 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) gallons 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 26.101 is amended to read: No place of assembly as defined in Article I shall be maintained, operated or used as such without a certificate of occupancy. Section 13.307(a) 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 RECORD OF PROCEEDINGS 100 Leaves automatic or manually operated fire alarm system so designed that all occupants of the building may be warned simultaneously. (z) Section 13.307 is amended by the addition of subsections (e), (f) and (g), which said subsections read: (e) A visual signal shall be required wherever 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 a fire department connection the light is to be located at least 12' above and as directly vertical to the fire department con- nection as possible. In systems with- out 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 -10- RECORD OF PROCEEDINGS 100 Leaves 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 others except exit signs. (f) An inside audible alarm is to be installed wherever an alarm is required by Sec. 13.307 of the Uniform Fire Code or Section 3802 of the Uniform Building Code, except in single family, duplex, triplex, or fourplex resi- dential dwellings. 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. (g) All fire alarm systems within the City in operation on the effective date of this ordinance shall, within one year from said effective date, be brought into conformance with the above requirements. -11- RECORD OF PROCEEDINGS 100 Leaves 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 or amendments thereto or any other pro- visions of this chapter shall be deemed guilty of a misdemeanor, 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 or 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, 1976 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 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 -12- RECORD OF PROCEEDINGS 100 Leaves 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 provisions of 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 ordinance hereby repealed prior to the taking effect of this ordinance. Section 9 If any provision of this ordinance or the application thereof to any person or circumstance shall be found to be invalid, such invalidity shall not affect any remaining provision or application which can be given effect and to this end this ordinance is declared to be severable. Section 10 A public hearing on this ordinance shall be held on the ~ day of ~ , 1977, at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. as amended Pursuant to the provisions of Sec. 31-12-403, C.R.S. 1973/ 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, Colorado, at its regular meeting held at the City of Aspen on the ~ day of ~~./ , 1977. -13- ATTEST: RECORD OF PROCEEDIN~ .//~.~. ") 100 Leaves ~tacy S~andley III 7 Kathryn S.~auter City Clerk FINALLY adopted, passed and approved on the day of ATTEST: Xathryn S./H%utWr City Clerk -14- RECORD OF PROCEEDINGS 100 Leaves STATE OF COLORADO ) ? ) ss COUNTY OF PITKIN ) CERTIFICATE I, Kathryn S. Hauter, City Clerk' of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on~ reading at a regular meeting of the City Council of the C~ty of Aspen on ~ ~ , 197 7 , and publish- ed in the Aspen Times a weekly newspaper of general circul- ation, published in the City of Aspen, Colorado, in its issue of ~-F/~ , 1977 , and was finally adopted and approved at a regular meeting of the City Council on ~ ~- , 1977, and ordered published as Ordinance No. /5 , Series of 1970, of said City, as provided by law. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said City of Aspen, Colorado, this day of ~ , 1977 Kathryn , City Clerk