Loading...
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 Ordinance 454, adopted by the Wheat Ridge City Council on May 11, 1981, effective June 5, 1981, is hereby repealed in its entirety.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 Section 8-1 of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: The Uniform Fire Code, 1979 edition, copyright 1979, by the International Conference of Building Officials, is hereby adopted by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 Section 8-5 of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: "Section 8-5.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: Y lam- _ / f U r~o