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HomeMy WebLinkAboutordinance.council.027-73RECORD OF PROCEEDINGS 100 Leaves (Series of 1973) AN QRDINANCE ADOPTING BY REFERENCE THE UNIFORM .FIRE CODE, 1973 EDITION; AMENDING CERTAIN SECTIONS OF SAID CODE; PRO- VIDING PENALTIES FOR VIOLATIONS OF THE UNIFORM FIRE CODE AND AMENDMENTS THERETO; REPEALING EXISTING SECTION OF CHAPTER 9 OF THE APSEN MUNICIPAL CODE; PROVIDING FOR THE APPOINTMENT OF A FIRE MARSHALL AND THE PLACEMENT OF THE FIRE MARSHALL AS AN EX OFFICIO MEMBER OF THE BOARD OF APPEALS AND EXAMINERS; AND DECLARING THE PROVISIONS OF THIS ORDINANCE TO BE SEVER- ABLE. WHEREAS, the City Council is desirous of adopting the Uniform Fire Code, 1973 edition, with certain amendments thereto, and providing penalties for violations thereof, and WHEREAS, the Council wishes to provide by amendment to the Aspen Municipal Code for the appointment by the building inspector of a fire marshall to enforce the Uniform Fire Code and to sit as an ex officio member of the Board of Appeals and Examiners, and WHEREAS, the enactment and enforcement of such a Code will greatly enhance the public health, safety and welfare of the people of the City of Aspen, NOW, THEREFORE BE IT ORDAINED BY THE CITY OF ASPEN, COLORADO: CITY COUNCIL OF THE Section 1. Repeal of existing sections. That sections 9-1, 9-2, 9-3, 9-4, 9-21, 9-22, 9-23, 9-24, 9-40, 9-41, 9-42, 9-43, 9-44, 9-45, 9-46, 9-47, 9-48 and 9-49 of Chapter 9 of the Municipal Code of the City of Aspen, Colorado, are hereby replaced. Section 2. Adoption of Uniform Fire Code. That the Municipal Code of the City of Aspen, ~o:lorado is hereby~amend~d by the adding of the following sections to Chapter 9 of said Code. RECORD OF PROCEEDINGS 1 O0 Leaves Section 9-1 Fire limits. The fire limits of the City shall be the same as the territorial limits thereof, includ- ing additions thereto, and all provisions of this Chapter shall be enforceable within said limits. Section 9-2 Adoption of the Uniform Fire Code. Pur- suant 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, 1973 edition (including the appendix except sections C and F of said appendix) and excepting sections 1.203, 1.204, 1.214, 1.215, 3.104, 15.407, 15.602, 15.703 l(b), 26.115 (a) and 26.116 and tables numbered 15.402, 15.407 and 15.409 of such code published the International Conference of Building Officials, 5360 S. Workman Mill Road, Whittier, California 90601 and the Western Fire Chiefs Association, 5360 S. Workman Mill Road, Whittier, California 90601, all to have the same force and effect as though set forth herein every particular. Section 9-3 Amendments. The Uniform Fire Code, 1973 edition, herein adopted shall be amended as follows: a. Whenever except in 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 Marshall", it being the intention of this amendment that all powers and duties attributed to these persons be assumed by the Fire Marshall. b. Section 1.201 is amended to read as follows: "Section 1.201. The Fire Marshall shall be responsible for the administration and enforcement of this Code. He shall enforce all ordinances of this jurisdiction pertaining to: -2- RECORD OF PROCEEDINGS 100 Leaves (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 auto- matic, 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 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, hall, 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, where appropritate, shall be inserted "Fire Marshall," 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 Marshall. d. The phrase "Fire Department" in Section 1.208 (a) shall read "Fire Marshall." e. That sentence of Section 1.209 reading "'Authorized Representative' shall include the officers named in sections -3- RECORD OF PROCEEDINGS 100 Leaves 1.204, 1.205 and 1.206 of this Code" shall be deleted. f. The following sentence shall be added to Section 1.213 (a): "Copies of all such records shall be forwarded to the office of the Fire Marshall." g. The Section 1.409 definition of "Guest" shall 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 stree~ 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 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 Subsection (a) 3, of Section ll.104, the applicant shall file with the City of Aspen a cor- porate 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 Marshall 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." k. Section 11.201 (j) is amended to read: "Storage of explosives in quantities exceeding 50 pounds shall be in a Class I magazine, except that a Class II magazine may be used for -4- RECORD OF PROCEEDINGS 100 Leaves 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 11.201 (k) is hereby amended to read: "Storage of explosives in quantities of 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 resistent 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)l and amended to read: "Hereafter no tank for the storage of flammable fluid in excess of ten gallons shall be erected, repaired, renewed, or replaced either wholly or partially above ground, and where in the opinion of the Fire Marshall 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 Marshall and in accordance with existing codes and regulations pertaining to above ground storage." o. Section 15.201 (a) 2 is added to read: "A permit shall be obtained from the Fire Marshall for the storage or keeping of any volatile inflammable fluids in excess of five gallons in any building and of ten gallons on any premises. The Fire Marshall is further authorized to issue temporary permits for the above ground storage of such fluids in tanks which shall not exceed a 500 gallon capacity for the purpose of providing fuel for heavy -5- RECORD OF PROCEEDINGS 100 Leaves 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 combustible 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: "This division shall apply only to the storage and dispensing of flammable or combustible liquids in drums or other containers not exceeding 60 gallons individual capacity." s. A new Section 15.602 is added which will provide: "Hereafter no tank for the storage of flammable fluid in excess of ten gallons shall be erected, repaired, renewed, or replaced either wholly or partially above ground, and where in the opinion of the Fire Marshall an existing tank constitutes a fire hazard through neglect or disrepair, he shall order such tank removed." t. The last sentence o£ Section 15.703 (c) is amended to read: "Class II and III station buildings in an gallon capacity." u. Section section liquids may be stored within service approved container of not more than 60 15.704 is (f) 5 which reads: amended by the addition of sub- "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." --6-- RECORD OF PROCEEDINGS 100 Leaves 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 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 con- nection may be employed upon approval of the Fire Marshall. (o) The maximum length of the delivery hose used to connect the tank vehicle to the tank being filled shall not exceed twenty 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 1.p. gas to any place of starage within the corporate limits of the city. -7- RECORD OF PROCEEDINGS 100 Leaves (3) It shall be unlawful having a tank capacity in (5000) gallons aggregate, for any motor vehicle excess of five thousand or with any one com- partment thereof in excess of two thousand five hundred (2,500) gallons individual capacity to delivery 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 1.p. gas in excess of two thousand five hundred (2,500) gallons liquid, or any vehicle transporting explosives and other danger- ous articles to remain within the city for a period exceeding one (1 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, 1.p. gas, or other dangerous articles to any place of storage within the corporate limits of the city." x. Section 26.101 is amended to read: No place of assembly as defined in article 1 shall be maintained, operated or used as such without a certificate of occupancy." 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 provisions of this Chapter shall be deemed guilty of a misdemeanor, and each person shall be deemed guilty of a separate offense for each and~ery -8- RECORD OF PROCEEDINGS 100 Leaves 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 ($300.00) dollars, or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment. Section 3. Providing for Appointment of Fire Marshall. Be it further ordained that section 7-3 of the Municipal Code of the City of Aspen is hereby amended to read as follows: "7-3 Building inspector - Authority to appoint deputy and fire marshall. The chief building inspector may appoint a deputy building inspector and a fire marshall both of whom shall be responsible to the chief building inspector and whose appoint- ments shall be at the pleasure of the city manager." Section 4. Designation of Fire Marshall as Ex-officio Member of the Board of Appeals and Examiners. Be it further ordained that section 7-22 of the Municipal Code of the City of Aspen is hereby amended to provide as follows: "7-22 Composition; term; qualifications. The board of appeals and examiners shall consist of seven (7) regular members and three (3) ex-officio members. The three (3) ex-officio members shall be employees or officers of the city and the fire department provided, however, if there is a duly appointed and acting fire marshall for the City of Aspen, he shall be designated one such ex-officio member. The seven (7) regular members shall be as follows: (1) One licensed architect. (2) A registered professional engineer. -9- RECORD OF PROCEEDINGS 100 Leaves (3) A general contractor, class A or B licensed under this Code. (4) A master journeyman plumber licensed under this Code. (5) A licensed journeyman or master electrician licensed under this Code. (6) Two private citizens whose occupations and interests are wholly independent of all phases of the building and construction industry. The ex-officio members of the Board of Appeals and Examiners shall be: (1) The building inspector who shall act as secretary of the board. (2) The fire marshall, but if there be no duly appointed and acting fire marshall, then the chief of the fire department. (3) A member of the Board of Zoning Adjustment. Section 5. Repeal of Inconsistent Ordinances. 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 6. Partial Invalidity. 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 portion or application which can be given effect and to this end this ordinance is declared to be severable. -10- RECORD OF PROCEEDINGS 100 Leaves Section 7. Publication. The City Clerk shall certify to the passage of this ordinance, cause notice of its contents and passage to be published or posted, and make not fewer than three copies of the adopted Uniform Fire Code, 1973 edition, available for inspection by the public during regular business hours. Section 8. Public Hearing.. A public hearing on the ordinance shall be held on ~~ ~/c, , 1973, at ~,o-o p.m. in the City Council Chamber, City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen, the ~7 day of ~ , 1973.t Mayor ATTEST: City Clerk Colorado, on FINALLY ADOPTED, ATTEST: ~-~it y Clerk PASSED AND APPROVED this 1973. day STATE OF COLORADO) ) ss CERTIFICATE COUNTY OF PITKIN ) ~.~, Lorraine Graves, City Clerk of Aspen, Colorado, do hereby certify that the above and forecoing ordinance was first introduced, read in full, and passed on rea4ing at a regular meeting of the City Council of the City of As~en on August 27 ,1373 , and nublish- ed in the AsDen Times, a weekly newsga~er of ~eneral cf"cul- ation, published in the City of As~en, Colorado, in its issue of August 30 , 1~73__, and was finally adopted and approved at a regular meeting of the City Council on September 10 ,1973__,and ordered published as Ordinance No. 27 ~rovided by law. IN WITNESS %~EREOF, , Series of 1~73 , of said City, as I have hereunto set my hand and the seal of said City of Asmen, Colorado, this day of September , 197__3. 10th ~ ----~orraine GraPes, City Cler!~