CITY OF GRAND JUNCTION, COLORADO

 ORDINANCE NO. 2738

AN ORDINANCE ADOPTING THE 1991 EDITIONS OF THE UNIFORM FIRE CODE AND UNIFORM FIRE CODE STANDARDS; PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION; PROVIDING FOR THE ISSUANCE OF PERMITS FOR HAZARDOUS USES OR OPERATIONS; AND MAINTAINING A BUREAU OF FIRE PREVENTION AND PROVIDING OFFICERS THEREFOR AND DEFINING THEIR POWERS AND DUTIES.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND JUNCTION:

The Code of Ordinances of the City of Grand Junction is hereby amended as follows: The existing provisions of the Code of Ordinances of the City are repealed and reenacted as follows: (the numbers of the sections hereby adopted are intended to be consistent with the existing numbering system of the City Code):

SECTION 12-21  Adoption of Uniform Fire Code

 For the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, certain Codes and Standards known as the Uniform Fire Code (hereinafter "Uniform Code" or "Uniform Fire Code"), promulgated by the Western Fire Chief's Association, Inc. and the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California, including appendices chapters I-C, II-A, II-B, II-D, II-E, II-F, III-C, IV-A, V-A, VI-A, VI-B, VI-C, VI-D, VI-E, VI-F and the Uniform Fire Code Standards, being particularly the 1991 edition thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended by Section 12-29 of this Ordinance. Not less than one (1) copy of the Uniform Fire Code has been, and are now, filed in the office of the City Clerk and the same hereby each adopted by this reference and incorporated herein as fully as if set out at length herein, and from the date on which this ordinance shall take effect, the provisions thereof shall be controlling within the limits of the City of Grand Junction, Colorado.

SECTION 12-22  Establishment and Duties of Division of Fire Prevention

 A.  The Uniform Code shall be enforced by the Division of Fire Prevention of the Grand Junction Fire Department which has been previously established and which shall be operated under the supervision of the Fire Chief or his designee.

 B.  The Fire Marshal who shall be in charge of the Division of Fire Prevention of the Grand Junction Fire Department shall be appointed by the Fire Chief on the basis of his/her qualifications.

 C.  The Fire Chief may detail such members of the Fire Department as inspectors as he shall from time to time deem necessary. The Fire Chief shall recommend to the City Manager the employment of technical inspectors, who, when such authorization is made, shall be appointed on the basis of their qualifications.

SECTION 12-23  Definitions

 A.  Wherever the word "jurisdiction" is used in the Uniform Fire Code, it shall be held to mean the City of Grand Junction.

 B.  Wherever the term "Corporation Counsel" is used in the Uniform Fire Code, it shall be held to mean the City Attorney for the City of Grand Junction.

SECTION 12-24  Zones in which the Storage of Flammable or Combustible Liquids in Outside Above Ground Tanks is Prohibited

 A.  Section 79.501 of the Uniform Fire Code limits the storage of flammable or combustible liquids in outside above ground tanks. Storage of flammable or combustible liquids is hereby permitted as follows:

   On lands within the City of Grand Junction that are zoned in the categories of C-2 (Heavy Commercial), I-1 (Light Industrial) and I-2 (Heavy Industrial). The Fire Chief may permit storage of flammable or combustible liquids in above ground tanks on lands within the jurisdiction which are zoned C-1 (Light Commercial) when it can be demonstrated to the Fire Chief or his designee that such use may be safely undertaken in the particular location.

 B.  Section 79.1401 of the Uniform Fire Code limits the siting of bulk plants for flammable or combustible liquids. New bulk plants or terminals for flammable or combustible liquids are permitted as follows:

   On lands within the City of Grand Junction that are zoned in the categories of C-2 (Heavy Commercial), I-1 (Light Industrial) and I-2 (Heavy Industrial). The Fire Chief may permit such use in C-1 Light (Commercial) when it can be demonstrated to the satisfaction of the Fire Chief or his designee that such use may be safely undertaken in the particular location.

SECTION 12-25  Zones in which Storage of Liquefied Petroleum Gases are Restricted

 A.  Section 82.103(a) of the Uniform Fire Code restricts the storage of liquefied petroleum gas. Liquefied petroleum gas may be stored as follows:

   On lands within the City of Grand Junction that are zoned in the categories C-2 (Heavy Commercial), I-1 (Light Industrial) and I-2 (Heavy Industrial). The Fire Chief may permit such use in C-1 (Light Commercial) when it can be demonstrated to the satisfaction of the Fire Chief or his designee that such use may be safely undertaken in the particular location.

SECTION 12-26  Zones in which the Storage of Explosives and Blasting Agents is Restricted

 A.  Storage of explosives and blasting agents within the limits of the City of Grand Junction is prohibited. This restriction shall not prohibit such use where it is made by an individual or company under proper safeguards as may be prescribed by the Fire Chief or his designee.

SECTION 12-27  Appeals

   Whenever the Fire Chief disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of the Uniform Code do not apply or that the true intent and meaning of the Uniform Code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Fire Chief to the board of appeals created by section 203 of the Uniform Building Code, by filing with the Fire Chief a written appeal along with a fee of $100.00 within 30 days from the date of the decision appealed.

SECTION 12-28  New Materials, Processes or Occupancies which may Required Permits - Refer to Article 2, Division III, Section 2.301

   The Fire Chief and the Fire Marshal shall determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies for which permits are required in addition to those now enumerated in the Uniform Fire Code. The Fire Marshal shall post such list in a conspicuous place in his office, and distribute copies thereof to interested persons.

SECTION 12-29  Amendments to the Uniform Fire Code

   The Uniform Fire Code is amended by this Ordinance to include the following sections:

 A.  Sec. 2.201(c) Procedures.

   1)  In case of failure of any owner or lessee of such building(s) to remove all accumulations of waste or rubbish and abate said building in a manner approved by the Fire Department, and upon the election by the City to remove said waste or rubbish and/or to secure or remove/install barricading of building(s), the Fire Chief or his designee is authorized to give notice by certified mail addressed to the last known address of the owner of such building, as that address appears in the records of the County Assessor, or other address known to the Fire Chief, which notice shall require the removal of such waste or rubbish, or otherwise require the securing of said building(s) or removal of the problem causing the public nuisance, within sixty (60) days of the date of the notice. In the event such work is not done within the sixty (60) days, the City Manager may then proceed to have the work done as soon as practicable. The costs of such work shall be collected by the City in accordance with the provisions of the Uniform Code for the Abatement of Dangerous Buildings. The charge shall be the actual costs for labor, equipment, and materials plus ten (10) percent for administration, supervision and inspection. The Fire Chief or his designee may cause any building to be barricaded or secured immediately after a fire has been extinguished. Any and all barricading or securing shall be at the owner's expense. The charge shall be the actual costs for labor, equipment, and materials plus ten (10) percent for administration, supervision and inspection.

   2)  The Finance Director, as soon as may be practicable after such charge is made, shall send by mail, addressed to the owner of such property, at the address of such owner as it appears in the records of the County Assessor, or other address known to the Fire Chief, a notice of such assessment, which notice shall contain a description of the lots or parcels of land, the name of the owner or owners, and the amount of the assessment, together with a brief description of said assessment.

   3)  It shall be the duty of the owner to pay such assessment within twenty (20) days after the mailing of such notice, and in case of his failure so to do, he shall be liable personally for the amount of the assessment and the same shall be a lien upon the respective lots or parcels of land from the time of such assessment. In case the owner shall fail to pay such assessment within twenty (20) days after notice has been mailed to him, as provided by this article, then it shall be the duty of the City to certify the amount of the assessment to the County Treasurer or other officer of the County having custody of the tax list, for the current year and to be collected in the same manner as other taxes are collected, with ten (10) percent penalty thereon to defray the cost of collection; and all of the laws of the State of Colorado for the assessment and collection of general taxes, including the laws for the sale of property for taxes and the redemption thereof, shall apply to and have full effect for the collection of all such assessments.

   4)  The fact that an assessment has been made against property as provided in this article for removal of waste and rubbish, abatement and/or barricading or securing of said building(s) shall not prevent the owner, agent or lessee from being punished by fine or jailing under the general provisions of the Uniform Code, but such fine or penalty may be imposed on those found guilty of violating the provisions of this article in all cases, whether an assessment has or has not been made in accordance with the provisions of this article.

 B.  Section 10.301 (c)

   A permittee shall provide a plan that provides for the following:

   1)  Hydrants shall be on a looped (receiving water from more than one direction) water supply line of at least six (6) inches in diameter; and

   2)  The requirements set forth in the 1974 Guide for Determination of Required Fire Flow published by the Insurance Services Office, 160 Water Street, New York, New York shall be met; and

   3)  Based on accepted engineering methodologies, the water provider should be able to supply the amount of water as calculated pursuant to the 1974 Guide for Determination of Required Fire Flow.

     Exception #1:  Hydrants located less than 1,000 feet from a looped water line (measured along the water line between the hydrant and the looped supply source) may be placed on dead-end lines, provided the line feeding the hydrant will supply the required fire flow and be not less than six (6) inches in diameter. Required fire flow shall be determined pursuant to the 1974 Guide for Determination of Required Fire Flow.

   4)  The Fire Chief may allow fire hydrants to be fed by less than a looped water line when the permittee can demonstrate to the satisfaction of the Fire Chief that a looped system is not practicable.

 C.  Section 10.501 (d)

   1)  Where access to any building or structure, not otherwise required to be protected by an automatic fire extinguishing system, is unduly difficult for fire apparatus and equipment, the installation of an automatic fire extinguishing system shall be required.

   2)  Any building four (4) stories or more in height shall have an approved fire protection sprinkler system installed.

   3)  "Story" for the purpose of installation of fire protection sprinkler and standpipes is defined as habitable level used or occupied by humans. Definitions of "Story" or "Stories" for purposes of this section, shall not exempt sprinkler requirements required by any other section of the Uniform Code, nor shall it exempt sprinkler protection as required for a basement as specified by Section 10.507(c)(2)

 D.  Section 10.510(f)

   f)  The Fire Chief may require standpipe protection when, in his opinion, access is restricted or an undue hardship would be placed on fire personnel extending a hose line in the building due to the arrangement of stairways, area separation walls, or occupancy walls.

 E.  Section 11.203 (a)(1) Permit Required (replaces (a) in 1991 Uniform Fire Code; Exception    remains)

   1)  No person shall attempt to kindle or maintain any open fire, except cooking fires, or authorize any such fire to be kindled or maintained on or in any public street, alley, road, or other public or private ground without a permit to do so from the Fire Department. Instructions and stipulations of permit shall be adhered to.

 F.  Section 11.210 Tire Storage

   a)  No person shall store more than 500 tires on any parcel of land.

   b)  Tires shall be arranged in the following manner:

     1.  Maximum pile or stack height shall not exceed six (6) feet; and

     2.  Pile or stack width and length shall not exceed eight (8) feet; and

     3.  Twenty (20) feet of clearance shall be maintained between piles or stacks; and

     4.  Piles or stacks shall not be placed closer than twenty (20) feet to any structure; and

     5.  Piles or stacks shall be stored so as to provide ready access by the Fire Department in the event of a fire.

 G.  Section 11.603 (b) (1 - 5) Vacant Buildings.

   b)  Section 2.201(b) (1 - 5) of this ordinance shall apply.

 H.  Section 14.104 (f) Smoke Detectors in Lodging Houses or Hotels, including what are commonly known as 'Bed and Breakfasts'.

   f)  Detection and alarm systems shall be installed as required by National Fire Protection Association (N.F.P.A.) 101, 1988 edition, Chapter 20 in lodging houses or hotels.

 I.  Section 14.111

   1)  Whenever the activation of any fire alarm is due to a malfunction of the alarm or alarm system and that alarm or alarm system has had a malfunction within the same calendar year quarter, or more than six during any calendar year, the owner and/or operator of the alarm or alarm system shall pay a false alarm fee to offset some of the costs involved in the dispatching and responding of fire equipment to the location of the alarm.

   2)  It is the responsibility of the owner or operator of an alarm system to prevent the improper use of the system, such as the intentional activating of a false alarm or the intentional activation of a smoke or heat detector to produce a false alarm. After three such activations within the same quarter of a calendar year, or more than six during any calendar year, from the same alarm system the fee schedule for false alarms shall become effective.

   3)  Whenever the Fire Chief or his designee cannot determine how a false alarm was activated and three such unexplained alarms occur within a calendar year quarter, the fee schedule for false alarms shall become effective with the fourth and subsequent alarm(s), or for alarm(s) exceeding six during any calendar year, the fee schedule for false alarms shall become effective with the seventh and subsequent alarm(s).

   4)  The fee schedule shall be as follows:

     a)  For a first false alarm over the allowed number, $75.00.

     b)  For a second false alarm over the allowed number, $150.00.

     c)  For a third false alarm over the allowed number, $250.00

     d)  For a fourth and subsequent alarm(s) over the allowed number (for each), $300.00

   5)  A new alarm system shall be allowed 30 days to become stabilized before charges will accrue for false alarms.

 J.  Section 78.202 (b) Exception 3. Fireworks

   3.  It shall be lawful to possess, store, offer for sale, expose for sale, sell at retail or use or explode those fireworks that are deemed lawful by Colorado Revised Statutes 12-28-101, et. seq., if such fireworks have been submitted by the seller to, and received the approval of, the Fire Department.

 K.  Appendix VII, Rates and Fee

   The following rates and fees shall apply for permits as listed:

   1)  UNIFORM FIRE CODE

   2)  Construction plan review fees

     a.  Fire Flows $10.00 per site

     b.  Alarm Systems $25.00 per floor

     c.  Sprinkler Systems $1.00 per head

 L.  Appendices I-A, I-B, II-C, III-A, III-B, III-D, and VI-B are deleted in their entirety from the Uniform Code.

SECTION 12-30  Penalties

 Any person who violates any provision of the Uniform Code of the City of Grand Junction, Colorado, from and after the effective date thereof shall be guilty of a misdemeanor and once convicted shall be punished by a fine not exceeding one thousand dollars ($1,000.) or imprisoned for a term not exceeding ninety (90) days, or by both such fine and imprisonment; each day that a violation continues shall constitute a separate offense.

SECTION 12-31  Public Hearing

 A public hearing on the adoption by reference of the Uniform Fire Code, 1991 Edition, including the appendices thereto, together with certain amendments, is scheduled in the City-County Auditorium at City Hall in Grand Junction, Colorado, at 7:30 p.m. on the 6th day of April, 1994. The City Clerk is hereby directed to publish Notice of said public hearing in the manner and style and pursuant to the schedule of such publication prescribed in Colorado Revised Statutes 31-16-201, et seq.

SECTION 12-32  Public Inspection

 At least one copy of the Uniform Fire Code, 1991 Edition, including the appendices thereto, together with certain amendments, and the Uniform Fire Code Standards, all certified to be true and correct, shall be on file as aforesaid in the office of the City Clerk at least fifteen (15) days preceding said hearing and may be inspected by any interested person between the hours of 7:30 a.m. and 5:30 p.m., Monday through Friday, holidays excepted.

SECTION 12-33  Validity

 Any and all sections or parts of sections of the Code of Ordinances of the City of Grand Junction, Colorado, as amended, in conflict herewith, are hereby repealed.

SECTION 12-34  Code Section

 This Ordinance shall become Article 2, Chapter XII in the Code of Ordinances of the City of Grand Junction.

Introduced this 16th day of March, 1994.

Passed on second reading this 6th day of April, 1994.

           City Council City of Grand Junction

           Reford C. Theobold

           Reford Theobold

           President of the Council

Attest:

Stephanie Nye

Stephanie Nye

City Clerk

I HEREBY CERTIFY that the foregoing ordinance, being Ordinance No. 2738, was introduced, read, and ordered published by the City Council of the City of Grand Junction, Colorado, at a regular meeting of said body held on the 16th day of March, 1994, and that the same was published in The Daily Sentinel, a newspaper published and in general circulation in said City, at least ten days before its final passage.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official Seal of said City this 6th day of April, 1994.

Stephanie Nye

____________________

Stephanie Nye, CMC

City Clerk

Published: March 18, 1994

Published: April 8, 1994

Effective: May 8, 1994