15.16.010 Adoption of the 2015 International Mechanical Code.
The following ordinance was adopted by the Pueblo City Council on July 13, 2015, is on file with the Clerk for the Board of Commissioners, and is adopted and incorporated by reference as part of the Pueblo County Building Code pursuant to C.R.S. § 30-28-201:
Ordinance No. 8892 amending Chapter 5, Title IV, of the Pueblo Municipal Code relating to mechanical regulations and adopting by reference the 2015 International Mechanical Code, and providing penalties and remedies for the violation thereof. (Res. 15-193 § 1)
The ordinance and code adopted in this Resolution shall be part of and cited as the "Pueblo County Mechanical Code," and are referred to in this Resolution as "the Code." (Res. 15-193 § 2)
The purpose of the code is to provide minimum standards to protect the public health and safety by controlling and regulating buildings, structures and equipment including but not limited to electrical, plumbing, heating, ventilation, comfort cooling, refrigeration systems; signs and sign structures; elevators, dumbwaiters and escalators; boilers and pressure vessels; plumbing and drainage systems; single and multiple dwellings; business and commercial buildings and structures; electrical conductors and equipment; and the storage and handling of hazardous materials in the County of Pueblo. The Code is also to provide uniform codes, consistent with and generally conforming to similar ordinances and regulations throughout the City of Pueblo. The Board of County Commissioners also intends to act with the City Council of the City of Pueblo to promulgate procedures and to establish boards of review as provided in the code. (Res. 15-193 § 3)
The provisions of the Code and the other codes adopted by reference shall apply to the construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, use, storage, height, area, maintenance, installation, inspection, design, operation, testing, handling, erection and fabrication of equipment, structures and buildings within the County of Pueblo: except work located in a public way, public utility towers and poles, mechanical equipment not specifically regulated in the Code, and hydraulic flood control structures. Where in any specific case, different sections of the Code, the County zoning resolution, or any other resolution of the County or other governmental body specify different requirements, the most restrictive provision shall govern. (Res. 15-193 § 4)
As provided in C.R.S. § 30-28-201(1), buildings or structures used for the sole purpose of providing shelter for agricultural implements, farm products, livestock, or poultry are exempted from the Code. All other provisions of the Code shall apply to agricultural buildings and structures. (Res. 15-193 § 5)
The Code shall apply to all unincorporated areas in Pueblo County. (Res. 15-193 § 6)
15.16.070 Change of city terms to county terms.
Whenever reference is made in the Code, including the codes adopted by reference, to "City Council" this shall be construed to mean "County Commissioners." Whenever reference is made in the Code to "ordinance," the same shall be construed to be "Resolution." Whenever reference is made in the code to "City Clerk," the same shall be construed to be "County Clerk." Whenever reference is made in the code to "City" the same shall be construed to be "County." Whenever reference is made in the code to "Municipal Court" the same shall be construed to be "County Court." Whenever reference is made to "City Public Works Department" the same shall be construed to be "County Public Works Department." (Res. 15-193 § 7)
The adoption of the Resolution shall not create any duty to any person, firm, corporation or other entity with regard to the enforcement or nonenforcement of said Resolution or the Code. No person, firm, corporation or other entity shall have any private right of action, claim or civil liability remedy against the County of Pueblo, the Pueblo Regional Building Department, or their commissions, boards of review, or officers, employees or agents of such bodies or entities, for any damage arising out of or in any way connected with the adoption, enforcement or nonenforcement of said resolution or the Code. Nothing in said Resolution or in the Code 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, or to waive any immunities or limitations on liability otherwise available to the County of Pueblo or the Pueblo Regional Building Department, or their commissions, boards of review, or officers, employees or agents of such bodies or entities. (Res. 15-193 § 8)
If any part, section, subsection, sentence, clause or phrase of this resolution of the Code is held to be invalid, such decision shall not affect the validity of the remaining portions of this resolution or the Code. (Res. 15-193 § 9)
All ordinances, resolutions, regulations and building codes of Pueblo County are repealed and superseded to the extent the same are inconsistent or in conflict with any term or provision of the Code. However, if the Code, this resolution, or any part of either is declared invalid, so that after such declaration of invalidity a building code for any matter covered in the Code shall not be in effect, the previous building or plumbing code covering the same matter shall not be deemed to have been repealed and shall be deemed reenacted and in effect. (Res. 15-193 § 10)
As provided in C.R.S. § 30-23-209, any person, firm or corporation violating any provision of the code is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than $100, or by imprisonment in the county jail for not more than 10 days, or both such fine and imprisonment. Each day during which such illegal erection, construction, reconstruction, alteration, maintenance or use continues shall he deemed a separate offense. In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered or remodeled, used, or maintained in violation of any provision of the Code, or amendment thereto, and enacted by the Board of County Commissioners, under the authority granted by C.R.S. § 30-23-209, the Pueblo County Attorney , in addition to other remedies provided by law, may institute an appropriate action for injunction, mandamus or abatement to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration, remodeling, maintenance or use. (Res. 15-193 § 11)