Chapter 8.16 UNIFORM FIRE CODE ADOPTED

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8.16.010 Adoption by reference.

That the following documents, three (3) copies of which are on file in the office of the Pueblo County Clerk & Recorder in Pueblo County, Colorado, being marked and designated as the International Fire Code (IFC), 2009 edition, except as amended in Section 2 herein, as published by the International Code Council; and the International Wildland-Urban Interface Code (IWUIC), 2009 edition, except as amended in Section 3 herein, as published by the International Fire Code Council, Inc., be and hereby are adopted as the Fire Codes of Pueblo County, in the State of Colorado, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Fire Codes on file in the office of the Pueblo County Clerk are hereby referred to, adopted, and made a part hereof, as if fully set out in this Ordinance, with the additions, insertions, deletions and changes, if any, prescribed in Sections 2 and 3 of this Ordinance.

That the following Sections to Chapter 8.16 of Title 8 of the Pueblo County Code are hereby amended thereto. (Ord. 14 and Ord. 18 are repealed) (Ord. 2011-23 § 1)

 

8.16.020 Amendments to the 2009 I.F.C.

That the following portions of the 2009 I.F.C. are hereby revised:

The following Sections and Appendices are hereby deleted:

            Section 108.2

            Section 108.3

            Appendix A – Board of Appeals

The following Sections are revised as follows:

             Section 101.1.  Pueblo County.

             Section 108.1.  Board of appeals established.  In order to hear and decide appeals of orders, decisions or determinations made by the fire code official relative to the application and interpretation of the Fire Codes of Pueblo County, there shall be and is hereby created a board of appeals.  The Board of Appeals members shall be appointed by the Pueblo Board of County Commissioners by Resolution and shall hold office at the pleasure of the Pueblo Board of County Commissioners.  The Board of Appeals shall adopt reasonable rules and procedures for conducting its business, including and consistent with the appeal process set forth in Section 7 of this Ordinance and shall render all decisions and findings in writing to the appellant with a duplicate copy to the fire code official.  

            Section 109.1.  Unlawful acts.  Is revised as described in Section 8 herein.

            Section 109.2.  Notice of violation.  Is revised as described in Section 9 herein.

            Section 109.3.  Violation penalties.  Is renamed and revised as described in Section 8 herein.

            Section 111.4.  Failure to comply.  Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be issued a penalty assessment and shall be fined in accordance with the graduated fine schedule defined in Section 8 of this Ordinance.

 (Ord. 14 and Ord. 18 are repealed.) (Ord. 2011-23 § 2)

 

8.16.030 Amendments to the 2009 W.U.I.C.

That the following portions of the 2009 IWUIC are hereby revised:

The following Chapter is hereby deleted:

            Chapter 3 – Wildland-Urban Interface Areas.

The following Section(s) are hereby deleted:

            Section 602 – Automatic Sprinkler Systems

The following Appendices are hereby adopted:

            Appendix A – General Requirements

            Appendix B – Vegetation Management Plan

            Appendix C – Fire Hazard Severity Form

 (Ord. 14 and Ord. 18 are repealed.) (Ord. 2011-23 § 3)

 

8.16.040 Applicability.

Pursuant to C.R.S. § 30-15-401.5, this Ordinance and the Fire Codes herein adopted shall apply to the unincorporated areas of Pueblo County, but shall not apply to farms or ranches as defined in the Pueblo County Zoning resolutions.  "Farm or ranch" means an area of at least five acres in size if in an A-2 zone district or thirty-five (35) acres in size if in an A-1 zone district, and used for farming or ranching.  "Farming or ranching" means the business of cultivating land, producing crops and/or keeping livestock, fowl and other non-domestic animals. This definition does not include feedlot or dog kennels. (Ord. 14 and Ord. 18 are repealed.) (Ord. 2011-23 § 4)

 

8.16.050 Enforcement Authority.

Enforcement of this Ordinance and the Fire Codes herein adopted shall be provided by metropolitan districts providing fire protection services, by Pueblo County fire districts organized pursuant to Article 1 of the Title 32, C.R.S., and by the City of Pueblo Fire Department for the Pueblo Memorial Airport Industrial Park. If any area of the County shall not be within such a metropolitan district’s or fire district’s jurisdiction, and shall not have fire protection services provided pursuant to a contract with a municipality or a fire district, enforcement of this ordinance and the Fire Codes herein adopted shall be delegated to and provided by the Pueblo Regional Building Department.  In addition, the Pueblo County Sheriff’s Office shall provide enforcement of this Ordinance, whenever, in the opinion of the Sheriff’s Office, exigent circumstances require such enforcement, or whenever another agency, district, department, or office charged in this Section with enforcement of this Ordinance, requests such enforcement by the Sheriff’s Office.  Each agency and entity identified in this Section 5 who is authorized to enforce this Ordinance shall hereinafter be referred to as the fire code official(s).  If any section contained in the Fire Codes herein adopted are also covered by a section of the County Building Code, as such Code now exists or is hereafter altered, amended or adopted, the most restrictive provision or that Code imposing the highest standard shall govern.

Nothing in this Section shall be construed to eliminate or otherwise affect the Sheriff’s or any of his or her deputies’ enforcement discretion.  In addition, nothing herein shall be construed as limiting an enforcement agency’s authority to issue penalty assessments pursuant to Section 8 of this Ordinance.

 (Ord. 14 and Ord. 18 are repealed.) (Ord. 2011-23 § 5)
 

8.16.060 Modification to Codes.

Pursuant to C.R.S § 30-15-401.5(4), a metropolitan district, a fire district, or the City of Pueblo may apply to the Board of County Commissioners of Pueblo County, Colorado, for approval of modifications of the Fire Codes to suit the specific needs of the district.  No such modification shall be effective until approved by resolution of the Board of County Commissioners.

(Ord. 14 and Ord. 18 are repealed.) (Ord. 2011-23 § 6)

 

8.16.070 Appeal Process.

Any person aggrieved by any ruling, decision, interpretation or order of any fire code official, or their authorized representative(s), shall have the right to appeal to the Board of Appeals which is hereby created pursuant to Section 2 of this Ordinance.

Any aggrieved person appealing any ruling, decision, interpretation or order shall file a written appeal setting forth the grounds and reasons for such appeal with the Board of Appeals within ten (10) days from the date of such ruling, interpretation, order or decision which is being appealed.  The ten (10) days shall begin from the date of any oral ruling, interpretation, order, or decision; the date any such written ruling, interpretation, order or decision is provided directly to the person; or, if not personally delivered, the date any such written ruling, interpretation, order or decision is postmarked. 

The appeal shall be filed at the offices of the Pueblo County Attorney, 215 W. 10th Street, Pueblo, CO  81003.  If such notice is timely filed, the Board of Appeals shall set a time and place for hearing, and by first class mail, postage prepaid, notify the party filing the appeal.  The date of the hearing shall be not more than twenty (20) days after the filing of the appeal except with the consent of the appellant.

The hearing shall be open to the public and all interested persons shall be heard.  The Board of Appeals, by majority vote of the members present, shall affirm, modify or reverse any appealed ruling, interpretation, order or decision of any fire code official, fire chief, Building Official, or their authorized representative.

The Board of Appeals may permit a variance from the strict terms and provisions of this Ordinance or the Fire Codes herein adopted if such variance can be made without increasing the hazards to the health or safety of persons or property and if the granting of such variance will not violate the intent and purposes of the Fire Codes.  Mere inconvenience to the appellant shall not be grounds to grant a variance.

The right to appeal pursuant to this Section shall not apply to penalty assessments issued pursuant to this Ordinance.

 (Ord. 14 and Ord. 18 are repealed.) (Ord. 2011-23 § 7)

 

8.16.080 Unlawful Acts/Penalties.

It shall be unlawful for a person, firm or corporation to erect, construct, alter, repair, remove, demolish or utilize a building, occupancy, premises or system regulated by this Ordinance, or cause same to be done, in conflict with or in violation of any of the provisions of this Ordinance or the Fire Codes adopted herein.

In addition to any civil penalty or remedy provided by law, any person who shall violate  any provision of this Ordinance or the Fire Codes herein adopted or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this Ordinance or the Fire Codes herein adopted, commits a class 2 petty offense as defined in C.R.S. § 18-1.3-503, and shall be fined in accordance with the graduated fine schedule provided below.  The Board hereby adopts the penalty assessment procedure provided in C.R.S. § 16-2-201, and any person enforcing the provisions of this Ordinance is authorized to follow and use such penalty assessment procedure.  Each day that a violation continues after due notice has been served shall be deemed a separate violation under this Ordinance.

         The following shall be the schedule of fines imposed for violations of the provision of this ordinance:

         a.      First violation:  $250.00 fine.

         b.      For any second violation by the same person of any provision of this Ordinance within a five-year period:  $500.00 fine.

c.      For any third or more violation by the same person of any provision of this ordinance within a five-year period:  $500.00 fine. 

(Ord. 14 and Ord. 18 are repealed.) (Ord. 2011-23 § 8)

 

8.16.090 Notice of Violation.

When the fire code official finds a building, premises, vehicle, storage facility or outdoor area that is in violation of this ordinance, the fire code official is authorized to prepare a written notice of violation describing the conditions deemed unsafe and, when compliance is not immediate, specifying a time for reinspection.

        a.       Service.  A notice of violation issued pursuant to this Ordinance shall be served upon the owner, operator, occupant or other person responsible for the condition or violation, either by personal service, mail or by delivering the same to, and leaving it with, some person of responsibility upon the premises.  For unattended or abandoned locations, a copy of such notice of violation shall be posted on the premises in a conspicuous place at or near the entrance to such premises and the notice of violation shall be mailed by certified mail with return receipt requested or a certificate or mailing, to the last known address of the owner, occupant or both.

        b.       Compliance with order and notices.  A notice of violation issued or served as provided by this Ordinance shall be complied with by the owner, operator, occupant or other person responsible for the condition or violation to which the notice of violation pertains.

        c.       Unauthorized tampering.  Signs, tags or seals posted or affixed by the fire code official shall not be mutilated, destroyed or tampered with or removed without authorization from the fire code official. 

Nothing herein shall be construed as limiting an enforcement agency’s/fire code official’s authority to issue a penalty assessment pursuant to Section 8 of this Ordinance. (Ord. 14 and Ord. 18 are repealed.) (Ord. 2011-23 § 9)

 

8.16.100 Interpretation.

Whenever in the Fire Codes, as adopted and amended herein, it is provided that anything must be done to the approval of or subject to the direction of the fire code official or any other officer of Pueblo County, this shall be construed to give such official only the discretion to determine whether the requirements and standards established by the Fire Codes have been complied with; and no such provision shall be construed as giving any fire code official discretionary powers as to what such regulations or standards shall be, or power to require conditions not prescribed by such code or codes or to enforce the provisions of such code or codes in an arbitrary or discriminatory manner. (Ord. 14 and Ord. 18 are repealed.) (Ord. 2011-23 § 10)

 

8.16.110 Responsibility/Liability.

Nothing in this Ordinance or the Fire Codes herein adopted is intended to create a duty upon the County or the fire code officials, or either of their agents or employees.  Neither the County, the fire code officials, nor any of their agents or employees will be held liable for any injury to persons or damage to property by reason of any act or failure to perform an act otherwise authorized or required by the Fire Codes or this Ordinance. (Ord. 14 and Ord. 18 are repealed.) (Ord. 2011-23 § 11)

 

8.16.120 Immunity.

The adoption of this Ordinance and the Fire Codes identified in Section 1 shall not impose any duty upon any person, firm, corporation, or other entity with regard to the enforcement or nonenforcement of this Ordinance or said Codes.  No person, firm, corporation, or other entity shall have any private right of action, claim, or civil liability remedy against the County or the fire code officials, their officers, employees or agents, for any damage arising out of or in any way connected with the adoption, enforcement, or nonenforcement of this Ordinance or said Codes.  Nothing in this Ordinance or in said Codes shall be construed to create any liability, or to waive any of the immunities, limitations on liability, or other provisions of the Governmental Immunity Act, C.R.S. § 24-10-101, et seq. or to waive any immunities or limitation on liability otherwise available to the County or the fire code officials, their officers, employees or agents. (Ord. 14 and Ord. 18 are repealed.) (Ord. 2011-23 § 12)

 

8.16.130 Repeal.

That Ordinance No. 14, codified at County Code Title 8, Chapter 8.16 of the Board of County Commissioners of Pueblo County, Colorado, entitled “An Ordinance Adopting By Reference The Uniform Fire Code, 1997 Edition, Published By The International Fire Code Institute And Providing Penalties For The Violations Thereof” and Ordinance 18, codified at County Code Title 8, Chapter 8.16 of the Board of County Commissioners of Pueblo County, Colorado, entitled “An Ordinance Adopting By Reference Certain Provisions Of The Uniform Fire And Urban Wildland Interface Codes, 1997 Editions, Published By The International Fire Code Institute And Providing Penalties For The Violation Thereof” and all other ordinances or parts of ordinances in conflict herewith are hereby repealed. (Ord. 14 and Ord. 18 are repealed.) (Ord. 2011-23 § 13)

 

8.16.140 Validity.

That if any section, subsection, sentence, clause of phrase of this Ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance.  The Board of County Commissioners of Pueblo County, Colorado, hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. (Ord. 14 and Ord. 18 are repealed.) (Ord. 2011-23 § 14)

 

8.16.150 Construction.

That nothing in this Ordinance or in the Fire Codes hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 13 of this Ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this Ordinance. (Ord. 14 and Ord. 18 are repealed.) (Ord. 2011-23 § 15)

 

8.16.160 Authenticity.

The foregoing text is the authentic text of Pueblo County Ordinance No. 2011-23.

The first reading of said Ordinance took place on April 5, 2011. It was published in full in the Pueblo Chieftain, a newspaper of general circulation in Pueblo County, Colorado, on April 8, 2011.

It was adopted, with two amendments in Section 2 and 8, on April 19, 2011, and the Pueblo County Clerk is hereby ordered and directed to cause this Ordinance to be republished in entirety in the Pueblo Chieftain, a newspaper of general circulation in Pueblo County, Colorado, on May 1, 2011, and shall take effect on June 1, 2011(Ord. 14 and Ord. 18 are repealed.) (Ord. 2011-23 § 16)