Note: Effective January 31, 2014, sections in this chapter will be amended by Ord. No. 7925, adopted October 1, 2013.
Chapter 10-8: Fire Prevention Code32
The purpose of this chapter is to protect public health and safety by regulating the use, condition, construction, alteration, and repair of property, structures, and occupancies in the city in order to prevent the ignition and spread of fire and risk of harm to persons or property from fire and other causes. The city council hereby adopts the 2006 edition of the International Fire Code with certain amendments, additions, and deletions thereto found to be in the best interests of the city. The standards provided in this chapter shall be used, insofar as they are applicable, in determining whether a condition is a hazardous one, whether any work that has been performed has been done in an approved manner, or whether any equipment is of an approved type or quality, and in any determination concerning fire hazards and fire safety in the city building code not specifically provided for therein.
Ordinance Nos. 5781 (1996); 6015 (1998); 7566 (2007)
(a) The 2006 edition of the International Fire Code of the International Code Council is adopted by reference as the City of Boulder Fire Code or fire code, and has the same force and effect as though fully set forth in this chapter, except as specifically amended by the provisions of this chapter.
(b) The Fire Code adopted by subsection (a) of this section is amended in the following places:
(1) Section 102.3 is repealed and reenacted to read:
102.3 Change of use or occupancy.
No change shall be made in the use or occupancy of any structure that would place the structure in a different division of the same group or occupancy or in a different group of occupancies, unless such structure is made com comply with the requirements of this code and the International Building Code.
(2) Section 103.1 is repealed and reenacted to read:
103.1 Division of Fire Safety
A division of fire safety is established within the fire department under the direction of the manager, which shall consist of such fire department personnel as may be assigned thereto by the manager. The function of this division shall be to assist the manager in the administration and enforcement of the provisions of this code.
(3) Section 103.4 is repealed and reenacted to read:
The fire code shall not be construed to hold the City of Boulder or any of its employees or agents responsible for any damage to persons or property by reason of inspection or reinspection or failure to inspect or reinspect as herein provided or by reason of the approval or disapproval of any equipment as herein provided.
No employee of the city who enforces, attempts to enforce, or is authorized to enforce the fire code renders him or herself or the city liable to third parties for any damage or injury to the person or property of such third parties as a result of the enforcement or non-enforcement of the fire code. The city assumes no duty of care by virtue of the adoption of the fire code. No person is justified in relying upon the approval of a plan, the results of an inspection, or the issuance of a certificate of inspection or occupancy, and such approvals, inspections, and certificates are not a guarantee that the plan or work so approved, inspected, or certificated in fact complies with all requirements of the fire code. It is the duty of the person owning, controlling, or constructing any building or structure to insure that the work is done in accordance with the requirements of the fire code, and it is such persons and not the city who are responsible for damages caused by negligent breach of such duty.
(4) Section 104.4 is repealed and reenacted to read:
For the purposes of this section, the term "fire code official" includes all firefighters appointed pursuant to Sec-tion 2-5-4, "Identification Card for Firefighters," B.R.C. 1981.
(5) Section 105.6 is repealed and reenacted to read:
105.6. Required operational permits. The fire code official may issue an operational permit for the following operations:
(a) 105.6.14, Explosives
(b) 105.6.30, Open Burning
(c) 105.6.32, Open Flames and Candles
(d) 105.6.36, Pyrotechnic special effects material
(e) 105.6.43 is amended by the addition of the following:
105.6.43. Temporary Membrane Structures, tents and canopies. An operational permit may be issued with the construction permit that will be issued by the building official.
(6) Section 105.7 is repealed and reenacted to read:
105.7. Required construction permits. All construction permits will be issued by the building official. The Di-vision of Fire Safety will be the approving authority for the following:
(a) 105.7.1 Automatic fire-extinguishing systems
(b) 105.7.4 Fire alarm and detection systems and related equipment
(c) 105.7.5 Fire pump and related equipment
(d) 105.7.12 Stand-pipe systems
(7) Section 108, "Board Of Appeals," is repealed and reenacted to read:
108 Board of Appeals
(a) A person refused a building permit or refused approval of work done under a permit on the grounds that the proposed or completed construction fails to comply with this code or any other city building code may ap-peal the decision to the board of zoning adjustment and building appeals on the grounds that:
1. The denial was based on an erroneous interpretation of such code by the city manager; or
2. The city manager has erroneously failed to approve an alternate material or method pursuant to Sec-tion 104.9 of the fire code prior to its installation or use. In determining such an appeal the board shall apply the standards of Section 104.9 of the fire code.
The city manager has the burden of proof under paragraph 1. above. The appellant has the burden of proof on appeals brought pursuant to paragraph 2. The board shall determine the appeal and decide whether the manager's interpretation or application of such code was correct or in error at a hearing under the procedures described by Chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981.
(b) Any person whose building permit has been suspended or revoked may appeal such action by the manager to the board of appeals on the ground that the suspension or revocation was based on an error in fact or an erroneous application of this code to the facts. The manager has the burden of proving the facts upon which the manager relies at such a hearing.
(c) An applicant for an appeal to the board of appeals shall pay the fee prescribed by Section 4-20-52, "Fire Code Permit and Inspection Fees," B.R.C. 1981.
(d) The manager may apply to the board of appeals, without fee, for an advisory opinion concerning alternative methods, applicability of specific requirements, approval of equipment and materials, and granting of special permission as contemplated in Section 104.8 or 104.9 of the fire code.
(e) The board of appeals has no authority to interpret Chapter 1 (the administrative requirements) of this code except as expressly provided in this section, nor, because this code sets minimum standards, to waive any re-quirement of this code.
(8) Appeals concerning existing conditions:
(a) Any aggrieved person who has been issued an order or other notice of violation under this fire code, other than a summons and complaint, under Sections 102.1 and 102.2 concerning legally existing conditions in a structure based upon the city manager's determination that such conditions constitute a distinct hazard to life or property, and who believes the alleged violation to be factually or legally contrary to the requirements of this fire code or rules and regulations issued pursuant to this fire code may appeal the order or notice to the board of building appeals in a manner provided by the board under the procedures prescribed by Chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981. An appellant shall file the appeal with the board within thirty days from the date of service of the notice of alleged violation. The appellant may request enlargement of time to file if such request is made before the end of the time period. The manager may extend for a reasonable period the time to file with the board if the applicant shows good cause therefor.
(b) Any person aggrieved by a decision of the manager upon a reinspection that any or all of the violations alleged in the notice of violation have not been adequately corrected may appeal such de-termination by filing a notice of appeal with the board of appeals within ten days of the date of the re-inspection.
(c) The appeal will be conducted under the procedures of Chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981. The burden of proof is on the manager to establish an alleged violation.
(d) If the board of appeals affirms the determination by the manager, it shall grant the person a rea-sonable period of time to correct the violation appealed. Any subsequent determination by the manager as to whether the violations alleged in the notice of violation have been adequately corrected is final.
(e) The fee for filing an appeal is that prescribed by Section 4-20-52, "Fire Code Permit and Inspection Fees," B.R.C. 1981.
(f) An aggrieved person seeking judicial review of a decision of the board of appeals made under this section shall file a complaint pursuant to Colorado Rule of Civil Procedure 106(a)(4).
(g) If no person appeals a notice of violation to the board of appeals, the provisions of the notice becomes final when the time for filing an appeal with the board has expired. An order appealed to court is final unless a stay is in effect.
(h) If a person to whom the manager has issued a notice of violation does not appeal to the board, such person may not raise as a defense to any subsequent prosecution in municipal court for a violation of an order that the conditions alleged to be violations in the notice of violation were not in fact or law violations.
(i) If the manager determines that the subject of an order or notice issued under this fire code constitutes an immediate hazard to the public health, safety or welfare, the manager may order immediate compliance. Persons subject to such orders shall comply forthwith, but shall be entitled to a prompt post-compliance appeal hearing before the board of building appeals under the procedures specified in this section.
(9) Chapter 2, "Definitions," is amended by the addition of the following additional definitions:
"Accessible private drive" means a twenty-foot unobstructed clear width with a twelve-foot hard, all-weather, drivable surface which can support forty tons on ten wheels and has an SU 30 turning radius for the fire de-partment's fire apparatus.
"Attached Dwelling Unit" means a structure which contains more than one dwelling unit regardless of any fire separation features.
"Detached Dwelling Unit" means a structure which contains only one dwelling unit together with any building accessory to the dwelling unit, and is structurally independent of other structures or occupancies, and has a fire separation distance of not less than six feet from other structures.
"Emergency Vehicle Access Street" means a street meeting the requirements of this code and the City of Boulder Design and Construction Standards.
"Fire Access Distance" means the distance between two hydrants, or the distance from a hydrant to any external portion of any building or buildings or the distance from the centerline of a non-dead-end emergency vehicle access street to the point on the curb on such street from which access to such building is gained, measured along public or private (but accessible to fire equipment) roadways or fire lanes, as would be traveled by motorized fire-fighting equipment.
"Fire code official" means the city manager or the manager's delegate.
"Fire Department" or "Municipal Fire Department" means the Fire Department of the City of Boulder, Colora-do.
"House Behind a House" exists if the dwelling unit is on a lot which does not front on an emergency vehicle ac-cess street meeting the requirements of Sections 503.1 and 503.2, or the dwelling unit is not served by a fire lane meeting the requirements of Section 502.1 from an emergency vehicle access street to an entrance to the dwelling unit, and access from the emergency vehicle access street to the unit is obstructed by any struc-ture.
"Portable appliance" means any appliance that is designed to be moved or relocated on a daily basis without any special knowledge. This includes, but is not limited to, box or oscillating fans, power tools, vacuum cleaners and floor polishers.
"Tank Truck" means any single rear axle, self-propelled motor vehicle, equipped with a cargo tank mounted thereon, and used for the transportation of flammable and combustible liquids, but this term excludes any combination of units, such as a semi-trailer. Said tank truck shall not exceed 35,000 GVW, and its total capacity shall not exceed 3,000 gallons.
"Transport route" means:
(1) Denver-Boulder Turnpike (U.S. 36) from the south city limits to Baseline Road.
(2) Foothills Parkway (Colorado 157) from U.S. 36 to the north city limits.
(3) 28th Street from Baseline Road to the north city limits.
(4) Arapahoe Avenue from 28th Street to the east city limits.
(5) Canyon Boulevard from 28th Street to the west city limits.
(6) Pearl Street/Pearl Parkway from 28th Street to the east city limits.
(7) Longmont Diagonal (Colorado 119) as it passes through the city limits.
(8) Valmont Road from the Foothills Parkway (Colorado 157) to Airport Road and Airport Road.
(9) Baseline Road from the east side of 28th Street (U.S. 36) to Foothills Parkway (Colorado 157).
"Unobstructed by Any Structure Above Grade" means that no structure blocks the view so that there is not at least one entire face of the building substantially visible in a direct line over the lot upon which the building sits from the nearest emergency vehicle access street, and no structure would significantly interfere with a stream of water being sprayed on the building by a nozzle mounted on a fire truck parked on the nearest emergency vehicle access street. For the purposes of this definition, a legal fence shall not be considered an obstruction if it has a gate which opens at least three feet wide, which is not locked, and through which firefighters on foot have ready access to the building within the distance limitations.
(10) Section 307 is repealed and reenacted to read:
307 Open Burning and Recreational Fires.
(1) No person shall kindle or maintain outside of a habitable building any bonfire or burn or permit to be burned any trash, paper, rubbish, wastepaper, wood, weeds, brush, plants, or other combustible or flammable material anywhere within the city limits or anywhere on city property outside of the city limits, except when:
(a) The burning is in the course of an agricultural operation in the growing of crops as a gainful occupa-tion and presents no fire hazard to other property in the vicinity;
(b) The burning is a smokeless flare or a safety flare used to indicate some danger to the public;
(c) The burning is a training fire conducted by the fire department, or is a training fire conducted by an-other fire department, or privately for industrial or commercial fire training purposes; or
(d) The burning is solely for the purpose of fuel mitigation to alleviate wildland fire potential, or weed abatement to assist restoration of native plants.
(2) Mobile or portable type outdoor fire places are prohibited within the city limits or anywhere on city prop-erty outside of the city limits.
(11) Section 308 is repealed and reenacted to read:
308 Open Flames.
Open flames are prohibited within the city limits.
Exception: Where a permit is obtained through the Boulder Fire Department, Division of Fire Safety.
(12) Exceptions 1 and 2 to Section 311.2.2, "Fire Protection," are repealed.
(13) A new Section 401.3.1.1, "Fire Alarm Fees," is added to read:
(a) After the fire department has responded to two alarms of fire from any property or address in any calendar year, the city manager may impose a charge for each additional response to an alarm which originates from the property during the same calendar year, in accordance with the schedule prescribed by Section 4-20-52, "Fire Code Permit and Inspection Fees," B.R.C. 1981.
(b) The city manager may waive a charge imposed for a fire alarm response if the property owner of record demonstrates that such alarm was caused by a fire or the threat of a fire, or that such alarm was not under the property owner's control. It shall not be a defense that the alarm system is malfunctioning, unless the owner or manager is able to demonstrate that said alarm system is currently being serviced to remedy the problems be-ing encountered.
(c) If any fee is not paid within thirty days after demand therefor has been mailed to the record owner of the building, the city manager may certify the amount due to the County Treasurer pursuant to Section 2-2-12, "City Manager May Certify Taxes, Charges, and Assessments to County Treasurer for Collection," B.R.C. 1981.
(14) Section 503.2.1 is repealed and reenacted to read:
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than twenty feet (6,096 mm), except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than fifteen feet (4,572 mm).
(15) Section 508.5.1 is repealed and reenacted to read:
508.5.1 Where required. Location and spacing of fire hydrants will be in accordance with the City of Boulder Design and Construction Standards.
(16) Section 603.4 is repealed and reenacted to read:
603.4 Portable unvented heaters. Portable unvented fuel-fired heating equipment is prohibited.
(17) Section 901.6 is amended by the addition of the following:
If any building, structure, or portion of the same is protected by a fire detection, alarm, and extinguishing sys-tem, or the owner has agreed with the city manager so to protect the building or structure or portion thereof, then no person shall shut off or disable such system, and no owner, manager, or tenant of such space shall fail to prevent the shutting off or disabling of such system. It is a specific defense to a charge of violation of this section that the system was shut off in order to perform maintenance work on the system, that it was shut off for the minimum period of time necessary to perform such work, and that maintenance personnel were on the premises performing such work during the entire time the system was shut off. The minimum penalty for violation of this section, no portion of which may be suspended, is a fine of $1,000.00.
(18) Section 903 is amended by the addition of the following:
Any new building or change of occupancy of an existing building that does not have approved fire department access as required by the fire code may be required by the fire code official to have an automatic fire sprinkler system installed regardless of the building size.
(19) Section 903.1 is repealed and reenacted to read:
Section 903.1, General. An automatic sprinkler system shall be installed in the occupancies and locations as set forth in this section. Changes in use, as defined in Section 10-5-2, "Adoption of International Building Code with Modifications," B.R.C. 1981, shall comply with the provisions listed below.
(20) Section 903.2.1 is amended by the addition of the following:
903.2.1 Group A. All basements classified as, or a part of, a Group A occupancy shall be provided with an au-tomatic sprinkler system regardless of the gross square footage.
(a) Section 903.2.1.1 Group A-1, #1 is repealed and reenacted to read:
1. The fire area exceeds 2,000 square feet (185.8 m2)
(b) Section 903.2.1.2 Group A-2, #1 is repealed and reenacted to read:
1. The fire area exceeds 2,000 square feet (185.8 m2)
(c) Section 903.2.1.3 Group A-3, #1 is repealed and reenacted to read:
1. The fire area exceeds 2,000 square feet (185.8 m2)
(d) Section 903.2.1.4 Group A-4, #1 is repealed and reenacted to read:
1. The fire area exceeds 2,000 square feet (185.8 m2)
(21) A new section 903.2.1.6, Group B occupancies, is enacted to read:
An automatic sprinkler system shall be provided throughout all new Group B occupancies greater than 2,000 gross square feet (185.8 m2).
(22) Section 903.2.2, Group E. #1, is repealed and reenacted to read:
(a) Throughout all Group E fire areas greater than 2,000 square feet (185.8 m2) in area.
(b) Exception is repealed.
(c) All basements classified as, or a part of, a Group E occupancy shall be provided with an automatic sprin-kler system regardless of the gross square footage.
(23) Section 903.2.3, Group F-1, is repealed and reenacted to read:
An automatic sprinkler system shall be provided throughout all new Group F occupancies greater than 2,000 square feet (185.8 m2).
(24) Section 903.2.6, Group M, is repealed and reenacted to read:
An automatic sprinkler system shall be provided throughout all new Group M occupancies greater than 2,000 square feet (185.8 m2).
(25) Section 903.2.7 is amended by the addition of the following:
(a) Exception 1: Detached and two unit attached dwelling units are not required to have an automatic fire sprinkler system if they are not used as residential board and care occupancies, and the distance, unobstructed by any structure above grade, landscaping, or topographical obstruction from the curb face of the emergency vehicle access street on which the structure is addressed, to a face of the unit containing an entrance, is not greater than one hundred feet.
(b) Exception 2: A detached dwelling unit is not required to have an automatic fire sprinkler system if it is not used as a residential board and care occupancy, and is located on a lot larger than 14,500 square feet, in which the driveway meets the requirements of a fire department accessible private drive, and extends without interruption from the nearest emergency vehicle access street on which the structure is addressed, to the side of the building which contains the main entrance.
(c) If more than one principal building is constructed on a lot pursuant to the exceptions listed in Section 9-3.2-16, "Two Detached Dwelling Units on a Single Lot," B.R.C. 1981, then each building other than the build-ing closest to an emergency vehicle access street on which the structure is addressed, shall be protected by an approved and supervised automatic sprinkler system in accordance with Section 903.3.
Exception: If a lot has frontage on two streets and each street is an emergency vehicle access street, then two buildings, each closest to their respective streets, shall not be required to be so protected by this subsection.
(d) Houses behind houses shall be protected throughout by an approved automatic sprinkler system in accordance with Section 903.3.
(26) Section 903.2.8 Group S-1, is repealed and reenacted to read:
An automatic sprinkler system shall be provided throughout all new Group S-1 occupancies greater than 2,000 square feet (185.8 m2).
(27) Section 903.2.9 Group S-2, is repealed and reenacted to read:
An automatic sprinkler system shall be provided throughout all new Group S-2 occupancies greater than 2,000 square feet (185.8 m2).
(28) A new section is added to read:
Section 903.2.12.3, Group U Occupancies. An automatic sprinkler system shall be provided throughout all new Group U occupancies greater than 2,000 gross square feet (185.8 m2).
(29) A new section 903.2.12.4 is added to read:
Any occupancy, structure or unit required to be protected by a sprinkler system by one provision of the fire code or the building code, and falling within an exception to a requirement of such protection to any other pro-vision of the fire code or building code, shall be so protected.
(30) A new section 903.2.12.5 is added to read:
If the floor area of an addition to any existing occupancy as described in 903.1 through 903.2.12.3 above is greater than either fifty percent of the existing gross floor area or 2,000 square feet, and the total altered struc-ture would be required to be protected by a sprinkler system by this section if it were new construction, then the entire addition shall be protected throughout by an approved and supervised automatic sprinkler system, in-stalled in accordance with Section 903.3.1. Said sprinkler system shall be continuous throughout the addition up to a fire barrier built in accordance with the building code for that occupancy.
(31) Section 903.3.1.1.1 Exception 4 is repealed.
(32) Section 903.3.5.1 is repealed.
(33) Section 903.3.5.1.2 is repealed and reenacted to read:
903.3.5.1.2 Residential combination services. Combination of domestic and fire service lines shall be in ac-cordance with the City of Boulder Design and Construction Standard.
(34) Section 903.4.1 is repealed and reenacted to read:
903.4.1 Signal. Alarm, supervisory and trouble signals shall be distinctly different and shall be automatically transmitted to an Underwriters Laboratory listed central station.
Exception: Underground key or hub valves in roadway boxes provided by the municipality or public utility need not be supervised.
(35) Section 903.4.2 is repealed and reenacted to read:
903.4.2 Alarms. Approved audible and visual devices shall be connected to every automatic sprinkler system. Such sprinkler water-flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Alarm devices shall be provided in the interior of the building in accordance with NFPA 72 and on the exterior of the building in an approved location. Where a fire alarm system is installed, actuation of the automatic sprinkler shall actuate the building fire alarm sys-tem.
(36) A new Section 903.7, Response Time Sprinkler Requirement, is adopted to read:
(a) It is the city's goal, as reflected in the Boulder Valley Comprehensive Plan's urban fire service criteria, that land not be annexed unless the response time for service is normally six minutes or less. Nonetheless, there may be occasions when annexation outside the existing six minute limit but within eight minutes or less is, due to special circumstances, in the city's best interest. Before such land is annexed, consideration must be given to the need for and provision of additional fire stations and equipment to serve properly the area being annexed and to bring it within the six minute limit eventually. Protection by a sprinkler system as required by subsection (c) below is a temporary substitute, and is not intended to eliminate the requirement for additional fire stations and equipment.
(b) Land used or to be used for residential purposes will not normally be annexed if it is outside the six minute limit unless excepted from this policy by subsection (d) below. All new dwelling unit on land annexed outside the six minute limit shall be protected by an automatic fire sprinkler system.
(c) On land annexed after the effective date of this chapter and not excepted under subsection (d) below, all new non-residential construction and any existing non-residential structures shall be provided throughout with an approved and supervised fire sprinkler system installed in accordance with Section 903.3.1 adopted in Chapter 10-8, "Fire Prevention Code," B.R.C. 1981, if such land is outside of the six minute City of Boulder fire response time from city fire stations housing at least one pumper which is rated at one thousand gallons per minute pumping capacity or greater, and which requires a crew of three or more for proper operation.
(d) The requirements of this Section may be waived by the city council by a provision doing so in an annexa-tion agreement incorporated into an annexation ordinance if, in the opinion of the city council it is in the city's best interest to do so because:
(1) Of changed or special conditions;
(2) The land to be annexed is located on Arapahoe Avenue west of the city; or
(3) The land to be annexed is below the blue line, west of Broadway, south of Norwood Avenue, and north of Table Mesa Drive.
Exceptions (2) and (3) above reflect the fact that it is not anticipated that new fire stations will be constructed to bring these areas within the six minute limit. In other areas it is anticipated that new fire stations will even-tually be constructed or upgraded to bring the service area within this limit.
(37) A new section 903.8, Fire Suppression Systems, is added to read:
903.8, Fire Suppression Systems
All existing structures in the following categories shall be protected throughout by an approved and supervised automatic sprinkler system installed in accordance with the provisions of Section 903.3.1. Except that any structure or portion thereof required by this section to be so protected prior to the effective date of this ordi-nance shall be immediately so protected:
(a) R-1 and R-2 occupancies greater than fifty five feet high.
(b) Hotels and motels. Exceptions: One- and two-story structures, and three-story structures with an exterior exit balcony for all rooms above grade.
(c) Congregate residences classified as Group R-4.
(d) Group I-1 and I-2 occupancies as defined in the fire code.
(e) Basements greater than 2,000 gross square feet.
Exception 1. Basements below R occupancies.
Exception 2. Basements used exclusively for "services to the building," such as electric meters, compres-sors, and so forth. But "services to the building" shall not include any storage (either combustible or non-combustible), nor routine human occupancy.
Exception 3. Basements where there is provided at least 20 square feet of opening entirely above the ad-joining ground level in each fifty lineal feet or fraction thereof of exterior wall in the basement on at least one side of the building. Openings shall have a minimum dimension of not less than 30 inches, and shall be accessible to the fire department from the exterior and shall not be obstructed in a manner that fire-fighting or rescue cannot be accomplished from the exterior.
When openings are provided on only one side and the opposite wall of said basement is more than seven-ty-five feet from such openings, said basement shall be provided with an approved automatic sprinkler system, or openings as specified above shall be provided on at least two sides of an exterior wall of the basement.
(f) All Group A occupancies used primarily for dining, drinking or motion picture viewing, shall be protected throughout by an approved and supervised automatic sprinkler system installed in accordance with the provi-sions of Section 903.3.1, when said Group A occupancy is greater than 2,000 gross square feet in size.
For Group A occupancies described in this part (f) not currently provided with complete automatic sprinkler protection, this paragraph shall take effect during a remodel or renovation which 1) requires one or more build-ing permits with a combined valuation (labor and materials) of $30.00 per square foot or more within any cal-endar year, and 2) necessitates business closure for a combined period of five calendar days or more, in the aforementioned calendar year.
(38) Section 907.15, is repealed and reenacted to read:
Section 907.15 Monitoring. Fire alarm systems shall be supervised by an Underwriters Laboratory listed cen-tral station.
(39) Section 3301.2.4.2, is amended by the addition of the following:
The city manager shall require a certificate of insurance to protect persons and property from death or injury as a result of the fireworks display, in an amount not less than $150,000.00 per person injured and $600,000.00 per incident. The insurance shall cover any liability of the city or any employee or agent thereof arising out of or connected with the permit and the fireworks display permitted thereunder. Before any permit for a fireworks display is issued, the applicant shall comply with the provisions of this Section.
(40) Section 3401.4 is amended by the addition of the following:
(1) A regular permit allows a permittee on a transport route to take delivery of flammable and combustible liquids from any delivery vehicle or from a tank truck where the premises are not located on a transport route. Upon payment of the fee provided in Section 4-20-52, "Fire Code Permit and Inspection Fees," B.R.C. 1981, the city manager shall issue to an applicant therefor a permit to receive deliveries of flammable and combus-tible liquids at a particular location or outlet if the manager finds that:
(a) The outlet or location contains sufficient room to accommodate the delivery vehicle, so that the delivery vehicle is capable of being parked entirely within the property boundary lines of the outlet or location and in such a manner that no part of the vehicle extends into any street, sidewalk, or alley while the vehicle is off-loading and no backing of the vehicle either into or out of station property is necessary;
(b) The entrance and exit access-ways for the delivery vehicle are so arranged that no obstruction of traf-fic will result from the vehicle entering or leaving the outlet or location; and
(c) The storage tanks for flammable and combustible liquids are located underground and constructed in accordance with the applicable provisions of this code, unless specifically allowed to be installed above ground by other sections of this code.
(2) A special permit allows a permittee to take delivery of flammable and combustible liquids on premises outside of transport routes from specified delivery vehicles other than a tank truck. The owner or person in control of any outlet or location holding a regular permit may, upon payment of the fee provided in Section 4-20-52, "Fire Code Permit and Inspection Fees," B.R.C. 1981, apply to the city manager for a special permit al-lowing delivery with a vehicle other than a tank truck as defined in Section 202. The city manager shall sched-ule with the applicant a simulated demonstration with an empty vehicle of the size and design that the applicant will use under the permit. The applicant shall furnish the vehicle and driver at its cost. The simulated test shall be observed by the city manager who shall issue the special permit if the manager finds that:
(a) The outlet or location contains sufficient room to accommodate the delivery vehicle, so that the delivery vehicle is capable of being parked entirely within the property boundary lines of the outlet or location in such a manner that no part of the vehicle shall extend into any street, sidewalk or alley while the vehicle is off-loading, and no backing of the vehicle either into or out of the station property is necessary;
(b) The entrance and exit access-ways for the delivery vehicles are so arranged that no obstruction of traffic will result from the vehicle entering or leaving the outlet or location;
(c) The roads and streets are accessible to fire-fighting equipment and vehicles;
(d) The topography or configuration of the roads and streets does not involve potential difficulties in containing, fighting, or suppressing a fire or spill and does not impair the ability of a transport vehicle to maneuver safely; and
(e) The traffic congestion and flow of vehicles using the roads and streets will not create potential haz-ards to transport vehicles.
Upon issuance, the permit will designate a specific route to be followed from the nearest transport route to the permit location and to return to the transport route. The permit will specify a vehicle capacity. Special permits are valid only between 3:00 a.m. and 6:00 a.m. But, for the delivery of gasoline or diesel fuel only, if the per-mit location is in an industrial zone, and is connected to a transport route by a former transport route estab-lished by ordinance 4636 (1982), and the applicant demonstrates that there were no incidents involving the discharge of gasoline or diesel fuel from delivery vehicles using the relevant portion of such former route, then the city manager may issue the special permit for such other hours as the applicant is able to demonstrate pre-sent no more hazard than delivery during the hours of 3:00 a.m. through 6:00 a.m.
(3) Revocation or Suspension of Permits.
(a) Each of the following is a ground for revocation of a special permit:
1. Failure of a transport vehicle to park entirely on the site while unloading;
2. Obstructing of sidewalks while unloading;
3. Backing the vehicle onto or off of the site;
4. Obstruction of traffic while entering or leaving;
5. Failure of a transport driver to follow the prescribed route to or from the permit location;
6. Failure to maintain a copy of the special permit on the premises; or
7. Failure of a transport driver to be present while off loading.
(b) Each of the following is a ground for suspension of a regular permit for up to fourteen days:
1. Failure of a transport vehicle to park entirely on the site while unloading;
2. Obstructing of sidewalks while unloading;
3. Backing the vehicle onto or off of the site;
4. Obstruction of traffic while entering or leaving;
5. Failure of a transport driver to follow the prescribed route to or from the permit location; or
6. Failure of a transport driver to be present while off loading.
(c) When matters are brought to the attention of the city manager, which if substantiated would be grounds for revocation of a special permit or suspension of a regular permit, the manager shall issue a written notice thereof to the permittee containing a concise written statement of the violation constituting grounds for revocation or suspension and indicating that the revocation or suspension shall take effect fourteen days after the issuance of said notice unless the permittee appeals in accordance with the terms of Section 103.1.4.
(d) All special permit revocations shall be for a period of six months, after which time the permittee may reapply for a special permit. During the period of revocation, the outlet may continue to operate with and ac-cording to the terms of a regular permit.
(4) If, due to changed conditions, including without limitation changes in the transport routes, the manager has probable cause to believe that an existing regular or special permit no longer meets the criteria for issuance, the manager may require a new simulated demonstration. For purposes of notice and appeal, such proceedings shall be deemed a new application, but no additional fee shall be charged.
(41) A new Section 3401.6, Prohibited Acts, is adopted to read:
(a) No owner and no person in control of any outlet or location shall accept deliveries of flammable or combustible liquids, unless such person has applied for and has been issued a permit therefor by the city manager.
(b) No owner and no person in control of any outlet or location for which a permit to accept deliveries of flammable or combustible liquids has been issued shall accept deliveries of such liquids unless delivery is in compliance with all the provisions of this code and any conditions on the permit.
(c) No person shall spill more than thirty-two fluid ounces of flammable or combustible liquid upon the ground.
(d) No person shall fail to notify the fire department of any spill of flammable or combustible liquid of more than thirty-two fluid ounces at the earliest practicable moment after said spill has occurred.
(e) Except to replace existing tanks, no person shall install any tanks used for the storage of any type of flammable or combustible liquid, or other hazardous material or waste in the floodplain as defined in Chapter 9-16, "Definitions," B.R.C. 1981. This prohibition is not retroactive, but no person shall use or maintain any tank installed in violation of this prohibition.
(f) No person shall weld or cut by torch on the premises of a service station or allow or cause crank-case drainings to be spilled or poured onto the ground. No person shall dispose of hazardous materials by dumping or pouring on the ground or into a storm drain or sanitary sewer or any connection thereto.
(42) Section 3404.2 Tank Storage, is amended by the addition of the following:
(a) Except for fuel carried on tank trucks, above-ground storage of all Class I, II and III flammable and combustible liquids in aggregate amounts of more than 500 gallons of such liquids on a single lot is al-lowed only in those areas of the City zoned "industrial." All installations shall comply in all respects with Chapter 34. Any tank intended for the bulk storage of any Class I, II or III flammable or combustible liquid may be stored above ground only in those areas of the City zoned industrial.
(b) All service stations, as defined in Chapter 22, regardless of zoning, shall install all bulk fuel storage tanks, oil storage tanks and waste oil storage tanks underground and meet all requirements of Chapters 22 and 34. All bulk fuel storage tanks, oil storage tanks and waste oil storage tanks in a residential zone shall be installed underground and meet all requirements of Chapter 34. Liquefied natural gas (LNG) or liquefied petroleum gas (LP-Gas) may be stored above ground in areas of the City zoned "industrial" and dispensed at such sites by a service station, if the city manager finds that such installation meets all the re-quirements of applicable fire codes before any dispensing of such fuel and proper and necessary on-site fire control devices are provided. The fee for review and inspection of such a specialized installation shall be as provided in Section 4-20-52, "Fire Code Permit and Inspection Fees," B.R.C. 1981.
(c) All underground tanks used for dispensing or bulk storage of any flammable or combustible liquid shall comply with the requirements of Chapter 34, any other pertinent city codes, including without limitation those concerning fire and flood, the Colorado State Oil Division, and the manufacturer's specifications for installation. Plans for installation shall be approved by the Colorado State Oil Division and the city flood control office before the City may issue permits for construction, installation and use of the tanks. No person shall install a used tank.
(d) No person shall install a tank or tanks for the dispensing or bulk storage of any flammable or combustible liquid, including temporary installations on construction sites, until such person has first submitted plans for the installation to the city manager and has received approval of such plans and of the installation.
(43) A new Section 3406.2.8.2, Safety Devices Required for Outlets or Locations Accepting Deliveries of Flam-mable or Combustible Liquids, is adopted to read:
No owner and no person in control of any outlet or location shall accept deliveries of flammable and combustible liquids, and no person shall make deliveries of such liquids to any outlet or location, unless the following conditions are met during such delivery:
(a) The hose connection employed in making a delivery of flammable or combustible liquids contains the safety device known as a "glass elbow" to allow inspection of the contents of the delivery hose; and
b) Any hose used in making deliveries of flammable or combustible liquids contains the apparatus commonly known as a tight-fill connection device to secure the off-loading device of the delivery vehicle to the intake structure of the storage tank.
(c) Exceptions to (a) and (b) above may be granted by the city manager for industrial installations if conditions warrant.
(44) A new Section 3406.2.8.3, Full Compartment Dumps Required, is adopted to read:
Any person delivering flammable and combustible liquids in a vehicle that contains compartments larger than six hundred gallons shall empty each such compartment at a single stop, if any delivery of liq-uids is made at any outlet or location from any such compartment.
Ordinance Nos. 5562 (1993); 5622 (1994); 5781 (1996); 6015 (1998); 7371 (2004); 7566 (2007); 7577 (2007); 7838 (2012)
Any violation of the International Fire Code, any appendix thereto adopted by this chapter or of any order issued by the city manager thereunder is punishable as provided in Section 5-2-4, "General Penalties," B.R.C. 1981. Every twenty-four-hour period in which a violation exists constitutes a separate violation.
Ordinance No. 7566 (2007)
32 Adopted by Ordinance No. 5493. Amended by Ordinance No. 7304. Derived from Ordinance Nos. 3798, 4154, 4485, 4636, 4680, 4799, 4946, 4967, 4969, 5029, 5125, 5194, 5245, 5271, 5382.