HomeMy WebLinkAboutOrdinance-1981-0472INTRODUCED BY COUNCIL MEMBER LEWI
Council Bill No. 89; ORDINANCE NO. 472
Series of 1981
TITLE: AN ORDINANCE REPEALING ORDINANCE 4541 ADOPTED BY
THE WHEAT RIDGE CITY COUNCIL ON MAY 11, 1981,
REPEALING SECTIONS 8-1, 8-5, 8-6 AND 8-7 AND
REENACTING SECTIONS 8-1 AND 8-5 OF THE CODE OF LAWS
OF THE CITY OF WHEAT RIDGE, ADOPTING BY REFERENCE
THE UNIFORM FIRE CODE, 1979 EDITION, COPYRIGHT 1979,
PROVIDING FOR CERTAIN AMENDMENTS THERETO, AND
PROVIDING PENALTIES FOR VIOLATION THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO:
Section 1. Ordinance 454, adopted by the Wheat Ridge City
Council on May 11, 1981, effective June 5, 1981, is hereby
repealed in its entirety.
Section 2. Section 8-1 of the Code of Laws of the City of
Wheat Ridge is hereby repealed and reenacted as follows:
The Uniform Fire Code, 1979 edition, copyright 1979, by
the International Conference of Building Officials, is hereby
adopted by reference and incorporated into this article as though
fully set forth herein as the Fire Code of the City of Wheat
Ridge. Three (3) copies of said Uniform Fire Code shall be filed
in the office of the City Clerk and may be inspected during
regular business hours. Except as otherwise provided hereafter,
such Code is adopted in full, including the outline of contents,
index and appendixes contained therein.
Section 3. Section 8-5 of the Code of Laws of the City of Wheat
Ridge is hereby repealed and reenacted as follows:
"Section 8-5. Amendments. The 'Uniform Fire Code'
1979 edition, adopted by Section 8-1 hereof is hereby
amended as follows (section numbers referred to herein
refer to and correspond with the section numbers of
the Uniform Fire Code):
(a) Section 2.101 shall be amended by deleting the
first paragraph in its entirety and substituting
the following:
'The Uniform Fire Code shall be enforced by the Chief
Building Inspector of the City of Wheat Ridge and/or
his designees, in cooperation with the Chiefs of both
the Wheat Ridge Fire Protection District and the Arvada
Fire Protection District, who shall perform the follow-
ing functions:
1. Approval of plans for building new structures and
remodeling of existing structures. Said approval
shall be accomplished by the Chief of the Fire
Protection District within five (5) business days
of its submission to the Chief, unless the Chief
requests an additional five (5) working days, which
request shall be automatically granted. In case of
a dispute or disagreement relating to the approval
of plans between the Chief of the Fire Protection
District and the Chief Building Inspector, either
party may appeal under Section 2.302 of this Code.
PAGE TWO
2. The inspection of all construction of new structures
and the remodeling of existing structures.
3. The destruction of unsafe structures.
In addition, the Uniform Fire Code shall be enforced
by the Bureaus of Fire Prevention of the Wheat Ridge
Fire Protection District and the Arvada Fire Protection
District, under the direction of the respective chiefs
of the fire districts, for the functions as listed in
Section 2.101.'
(b) Section 2.205 of the Uniform Fire Code shall be
amended by the addition of the following sentences:
'Certified mail may be used in place of registered mail.
Service may be made as set out in the Colorado Rules of
Civil Procedure.'
(c) Section 2.302 shall be deleted and in its place
the following sentences shall be added:
'In order to determine the suitability of alternate mater-
ials and type of construction, and provide reasonable
interpretation of the provisions of this Code, the
Building Code Advisory Committee, previously established
by Chapter 5 of the Code of Ordinances of the City
is hereby designated as the Board of Appeals under this
Code and shall have authority to hear and decide those
matters delegated to it, and all matters requiring use of
a board of appeals by this Fire Code. The Chief of the
Wheat Ridge Fire Protection District and the Chief of
the Arvada Fire Protection District and the Chief Building
Inspector shall be ex-officio members of the Board, and
the Chief Building Inspection shall act as Secretary of
the Board. The Board shall adopt reasonable rules and
regulations for conducting its investigations and shall
render all decisions and findings in writing to the
Chief Building Inspector, with a duplicate copy to the
appellant, and may recommend to the Wheat Ridge City Council
such new legislation as is consistent therewith.'
(d) Article 4, Sections 4.101 through 4.107 shall be
deleted in their entirety.
(e) Section 9.105. The definition of Chief or Chief of
Fire Department shall be defined in the following manner
in place of that definition set out in the Code:
'Chief or Chief of the Fire Department shall mean the
Chief of the Wheat Ridge Fire Department or the Chief of
the Arvada Fire Department as authorized by the Directors
of the Wheat Ridge Fire Protection District or the
Arvada Fire Protection District.'
(f) Section 10.207. Access Roadways for Fire Apparatus (b)
shall be amended by adding a second sentence to Section
10.207(b) to read:
'It shall be the responsibility of the owner, tenant,
manager or any agent of the owner to maintain the require-
ments of this section. The Wheat Ridge Police Department
shall be empowered to enforce this section by the issuance
of a Summons and Complaint.'
(g) Section 11.101. Bonfires and Outdoor Rubbish Fires
shall be deleted in full and the following shall be adopted.
'Section 11.101. Bonfires and Outdoor Rubbish Fires Pro-
hibited. No person shall kindle or maintain any bonfire or
PAGE THREE
rubbish fire except in an incinerator approved by
the Air Pollution Control District having jurisdiction,
and any other such fire shall be prohibited. Fires
built in fireplaces used for non-commercial or recrea-
tional purposes, fires necessary for agricultural
operations, irrigation ditch maintenance and fires used
for fire department training purposes shall be exempt
from these regulations if an appropriate air pollution
permit has been obtained and if such fires are not
hazardous in the opinion of the Fire Chief.'
(h) Section 34.104. Burning Operations shall be deleted
in full and the following adopted in its place:
'Section 34.104. The burning of wrecked or discarded motor
vehicles or of junk or of any waste materials shall be
prohibited.'
(i) Section 79.1104. Operation of Tank Vehicles is
amended by adding thereto a subsection 79.1104(n) as
follows:
'It shall be unlawful for any driver, operator, or attendant
of any vehicle to defeat or to fail to use any vapor
recovery device or system that has been provided for
vapor recovery purposes. All equipment shall be approved
for use with the vapor recovery system provided at the
site.'"
Section 4. Section 8-6 and 8-7 of the Code of Laws of the City of
Wheat Ridge are hereby repealed in their entirety.
Section 5. Purpose. The purpose of this Code is to provide
minimum standards to safeguard life and limb, health, property,
construction, quality of materials, use and occupancy, location
and maintenance of all buildings and structures within the City and
certain equipment specifically regulated herein.
Section 6. Violation and
or other entity doing any
Code hereby enacted shall
conviction thereof, shall
$300.00, imprisonment not
and imprisonment.
Penalties. Any person, firm, association,
act or omission in violation of this
be guilty of a misdemeanor and, upon
be subject to a fine not to exceed
to exceed 90 days, or both such fine
Section 7. Severability. If any part or parts of this ordinance
are for any reason held to be invalid, such decision shall not
affect the validity of the remaining portions of this ordinance.
The City Council hereby declares that it would have passed this
ordinance and each part or parts thereof, irrespective of the fact
that any one part or parts be declared invalid.
Section 8. Safety Clause. The City Council hereby finds, determines,
and declares that this ordinance is promulgated under the police
power of the City of Wheat Ridge; that it is promulgated for the
health, safety, and welfare of the public, and that this ordinance
protection of public convenience and welfare. The City Council
further determines that the ordinance bears a rational relation to
these objectives.
Section 9. This ordinance shall take effect 1 day after final
publication.
PAGE FOUR
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7
to _0 on this 14th day of September , 1981;
ordered published in full in a newspaper of general circulation
in the City of Wheat Ridge and Public Hearing and consideration on
final passage set for October 26 , 1981, at
7:30 o'clock p.m., at Council Chambers, 7500 West 29th Avenue,
Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading
by a vote of 8 to p this 26th day of October
1981.
SIGNED by the Mayor on this 29th day of October ,
1981.
Frank Stites, Mayor
ATTEST:
Carol F. Hampf, Cit -Clerk
lst Publication Sept. 17, 1981
2nd Publication Nov. 5, 1981
Wheat Ridge Sentinel
Effective Date Nov. 6, 1981
APPROVED AS TO FORM
BY OFFICE OF CITY ATTORNEY:
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