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CHAPTER 9

FIRE PREVENTION AND PROTECTION

Sec. 9-1 Adoption of the Uniform Fire Code, 1997 Edition

Sec. 9-2 Amendments, additions and deletions

Sec. 9-3 Appeals

Sec. 9-4 Violations and penalties

Sec. 9-1. Adoption of the Uniform Fire Code, 1997 Edition.

Pursuant to the authority conferred by Article II, Section 7 of the Charter and by Section 31-16-201 et seq., C.R.S., there is hereby adopted by reference as the fire code of the City, for the purposes of protecting the public from the hazards of fire and explosion, the Uniform Fire Code, 1997 Edition, as promulgated by the International Fire Code Institute. Except as any portion of this fire code is hereinafter added to, deleted, modified or amended in this Chapter, this fire code shall include all ninety (90) articles and appendices in the Uniform Fire Code, 1997 Edition. Not less than three (3) copies of this fire code shall be on file in the office of the City Clerk and may be inspected at regular business hours and purchased from the City Clerk at a price not to exceed fifty-nine dollars and thirty-five cents ($59.35) per copy. The provisions of this fire code shall be controlling within the limits of the City.

(Code 1972, § 50-1; Ord. No. 192, 1986, § 1, 12-4-86; Ord. No. 15, 1990, § 1, 2-20-90; Ord. No. 97, 1991, § 1, 8-20-91; Ord. No. 130, 1992, § 1, 1-5-93; Ord. No. 9, 1999, § 1, 1-19-99)

Cross-references—Three copies of codes adopted by reference must be kept in the City Clerk's office, § 1-14; smoking in public areas, § 12-56 et seq.

Sec. 9-2. Amendments, additions and deletions.

The following articles, sections, divisions, subsections and appendices of the Uniform Fire Code, 1997 Edition, are hereby added, amended, deleted and renumbered, except as noted, to read as follows:

(1) The first paragraph of Section 101.5 is amended to read as follows:

"101.5  Liability. The chief and other individuals charged by the chief with the control or extinguishment of any fire, the enforcement of this code or any other official duties, acting in good faith and without malice in the discharge of their duties, shall not thereby be rendered personally liable for any damage that may accrue to persons or property as a result of any act or by reason of any act or omission in the discharge of their duties."

(2) Section 103.1.1 is amended to read as follows:

"103.1.1 Inspection Authority. The fire code official is authorized to enter and examine any building, structure, marine vessel, vehicle, or premises in accordance with Section 104.3 for the purpose of enforcing this code and of any other ordinance, law, or standard affecting fire safety, and the health, safety, and welfare of occupants or the public."

(3) Section 103.1.1.1 is hereby added to read as follows:

"103.3.1.1.1 Inspections. The fire code official is authorized to conduct such inspections as are deemed necessary to determine the extent of compliance with the provisions of this code and to approve reports of inspection by approved agencies or individuals. All reports of such inspections shall be prepared and submitted in writing for review and approval. Inspection reports shall be certified by a responsible officer of such approved agency or by the responsible individual. The fire code official is authorized to engage such expert opinion as deemed necessary to report upon unusual, detailed or complex technical issues subject to the approval of the governing body."

(4) Section 103.1.4  is amended to read as follows:

"103.1.4  Appeals. In order to determine the suitability of alternate materials and type of construction and to provide for reasonable interpretations of the provisions of this Code, there shall be and hereby is created a Board of Appeals to be known as the Fire Board of Appeals. The members of the City of Fort Collins Building Review Board, as appointed from time to time, shall constitute the Fire Board of Appeals. The chief, or his designated representative, shall attend the meetings of such 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, with a duplicate copy to the appellant, and may recommend to the executive body such new legislation as is consistent therewith."

(5) Section 103.3.1.2 is deleted in its entirety and reenacted as follows:

"Section 103.3.1.2 Right of entry. Whenever it is necessary to make an inspection to enforce the provisions of this code or any other ordinance, law, or standard affecting fire safety, and the health, safety and welfare of occupants or the public or whenever the fire code official has reasonable cause to believe that there exists in a building or upon any premises any conditions or violations of this code which make the building or premises unsafe, dangerous or hazardous to the health and safety of occupants or the public, the fire code official shall have the authority to enter the building or premises at all reasonable times to inspect or to perform the duties imposed upon the fire code official by this code. If such building or premises is occupied, the fire code official shall present credentials to the occupant and request entry. If such building or premises is unoccupied, the fire code official shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused, the fire code official has recourse to every remedy provided by law to secure entry.

"Owners, occupants or any other persons have charge, care or control of any building or premises shall, after proper request is made as herein provided, promptly permit entry therein by the chief for the purpose of inspection and examination pursuant to this code.

"For the purpose of Section 103.3.1.2, the term 'chief' shall include the chief officer of the fire department serving the jurisdiction and the officers named in Sections 103.2.1.2 and 103.2.2.2."

(6) Section 103.4.3 is repealed in it entirety and reenacted to read as follows:

"103.4.3 Violations"

(7) The following new sections are added to read as follows:

"103.4.3.1 Unlawful acts. It shall be unlawful for a person, firm, or corporation to erect, construct, alter, repair, remove, demolish, or utilize a building, occupancy, premises or system regulated by this code, or causing to be done, in conflict with or in violation of any provisions of this code.

"103.4.3.2 Notice of violation. When the fire code official finds a building, premises, vehicle, storage facility or outdoor area that is in violation of this code, the fire code official is authorized to prepare a written notice of violation describing the conditions deemed unsafe and, when compliance is not immediate, specifying a time for reinspection.

"103.4.3.3 Service. A notice of violation issued pursuant to this code shall be served upon the owner, operator, occupant, or other person responsible for the condition or violation, either by personal service, mail, or by delivering the same to, and leaving it with, some person of responsibility upon the premises. For unattended or abandoned locations, a copy of such notice of violation shall be posted on the premises in a conspicuous place at or near the entrance to such premises and the notice of violation shall be mailed by certified mail with return receipt requested or a certificate of mailing, to the last known address of the owner, occupant or both.

"103.4.3.4 Compliance with orders and notices. A notice of violation issued or served as provided by this code shall be complied with by the owner, operator, occupant or other person responsible for the condition or violation to which the notice of violation pertains.

"103.4.3.5 Prosecution of violations. If the notice of violation is not complied with promptly, the fire code official is authorized to request the legal counsel of the jurisdiction to institute the appropriate legal proceedings at law or in equity to restrain, correct or abate such violations or to require removal or termination of the unlawful occupancy of the structure that are in violation of the provisions of this code or of any order or direction made pursuant hereto.

"103.4.3.6 Unauthorized tampering. Signs, tags or seals posted or affixed by the fire code official shall not be mutilated, destroyed or tampered with or removed without authorization from the fire code official.

"103.4.3.7 Violation penalties. Persons who violate a provision of this code or who shall fail to comply with any of the requirements thereof or who shall construct, install. alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or a certificate used under the provisions of this code, shall be guilty of a misdemeanor, punishable pursuant to Section 1-15 of the City Code. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

"103.4.3.7.1 Abatement of violation. In addition to the imposition of the penalties herein described, the fire code official is authorized to institute an action to prevent the unlawful construction or to restrain, correct, order, or abate a violation; or to prevent illegal occupancy of the structure or premises; or to stop an illegal act, conduct of business or Occupancy of a Structure on or about any premises."

(8) Existing Sections 103.4.3.2 and 103.4.3.3 shall be renumbered as Sections 103.4.3.8 and 103.4.3.9 respectively.

(9) Section 103.4.5 shall be repealed and reenacted to read as follows;

"103.4.5 Unsafe Buildings.

"103.4.5.1 General. If during the inspection of a premises, a building or structure or any building system, in whole or in part, constitutes a clear and inimical threat to human life, safety or health, the fire code official shall issue such notice or orders to remove or remedy the conditions as shall be deemed necessary in accordance with this section and shall refer the building department for any repairs, alterations, remodeling, removing or demolition required.

"103.4.5.2 Unsafe conditions. Structures or existing equipment that are or hereafter become unsafe or deficient because of inadequate means of egress or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or which involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. A vacant structure which is not secured against unauthorized entry as required by Section 311 shall be deemed unsafe.

"103.4.5.3 Structural hazards. When an apparent structural hazard is caused by the faulty installation, operation or malfunction of any of the items or devices governed by this code, the fire code official shall immediately notify the building code official in accordance with Section 110.1.

"103.4.5.4 Evacuation. The fire code official or the fire department official in chare of an incident shall be authorized to order the immediate evacuation of any occupied building deemed unsafe when such building has hazardous conditions that present imminent danger to the health and safety of the building occupants. Persons so notified shall immediately leave the structure or premises and surrounding area and shall not enter or re-enter until authorized to do so by the fire code official or the fire department official in charge of the incident.

"103.4.5.5 Summary abatement. Where conditions exist that are deemed hazardous to life and property, the fire code official or fire department official in charge of the incident is authorized to abate summarily such hazardous conditions that are in violation of this code.

"103.4.5.6 Abatement. The owner, operator, or occupant of a building or premises deemed unsafe by the fire code official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action."

(10) Section 104.1.1 is amended to read as follows:

"104.1.1 General. The chief or officer of the fire department in charge at the scene of a fire or other emergency involving the protection of life or property or any part thereof, shall have the authority to direct such operation as necessary to extinguish or control any fire, perform any rescue operation, investigate the existence of suspected or reported fires, gas leaks or other hazardous conditions or situations or of taking any other action necessary in the reasonable performance of duty. In the exercise of such power, the chief is authorized to prohibit any person, vehicle, vessel or thing from approaching the scene and is authorized to remove or cause to be removed or kept away from the scene any vehicle, vessel, thing or persons which could impede or interfere with the operations of the fire department and, in the judgment of the chief, any person not actually and usefully employed in the extinguishing of such fire or in the preservation of property in the vicinity thereof."

(11) Section 104.1.1.1 is added to read in its entirety as follows:

"104.1.1.1 Pursuant to City Code Section 2-666 et. seq., the chief or his designee may participate and assist in emergency management operations when requested to do so by the Director of the Office of Emergency Management. All enforcement, inspection, entry and abatement powers of the chief contained within the Uniform Fire Code, as amended remain in full force."

(12) Section 104.1.3 is amended to read as follows:

"104.1.3 Barricades. The chief or officer of the fire department participating or in charge at the scene of an emergency is authorized to place ropes, guards, barricades or other obstructions across any street, alley, building, premises, place or private property in the vicinity of such operation so as to prevent accidents or interference with the lawful efforts of the fire department and Emergency Operations to manage and control the situation and to handle fire apparatus."

(13) Section 105.4 is amended to read as follows:

"105.4 Inspection required. Before a permit is issued, the chief may inspect, review and approve the receptacles, vehicles, buildings, devices, premises, storage spaces or areas to be used. In instances where laws or regulations are enforceable by departments other than the fire department, joint approval shall be obtained from all departments concerned. After a permit is issued, the chief may make or require other inspections of any work performed or in process under the permit to determine compliance and acceptance with the provisions of this code."

(14) Section 105.8 is deleted in its entirety and reenacted to read as follows:

"105.8 Permit required. A permit shall be obtained from the bureau of fire prevention prior to engaging in the following activities, operations, practices or functions:

"c.2. Carnivals, circus and fairs. To conduct a carnival, circus or fair. See Article 25. The chief is authorized to require plans of the site to be submitted for review and approval. See Section 105.3.

"c.7. Compressed gases. To store, use or handle at normal temperatures and pressures compressed gases in excess of the amounts listed in Table 105-A. When the compressed gases in use or storage exceed the amounts listed in Table 105-A, a permit is required to install, repair, abandon, remove, place temporarily out of service, close or substantially modify a compressed gas system.

"EXCEPTIONS:

"1.  Routine maintenance.

"2.  For emergency repair work performed on an emergency basis, application for permit shall be made within two working days of commencement of work.

"The permit applicant shall apply for approval to close storage, use or handling facilities at least 30 days prior to the termination of the storage, use or handling of compressed or liquefied gases. Such application shall include any change or alteration to the facility closure plan filed pursuant to Section 8001.13. This 30-day period may be waived by the chief if there are special circumstances requiring such waiver.

"c.9. Cryogens. Except where federal or state regulations apply and except for fuel systems of the vehicle, to produce, store or handle cryogens in excess of the amounts listed in Table 105-B.

"e.1. Explosives or blasting agents. For permits for explosives or blasting agents, see Article 77.

"f.2. Fireworks. For permits for fireworks, see Article 78.

"f.3. Flammable or combustible liquids. For permits for flammable or combustible liquids, see Article 79.

"h.1. Hazardous materials. To store, transport on site, dispense, use or handle hazardous materials in excess of the amounts listed in Table 105-C or to install, repair, abandon, remove, place temporarily out of service, close or substantially modify a storage facility or other area regulated by Article 80 when the hazardous materials in use or storage exceed the amounts listed in Table 105-C.

"l.1. Liquefied petroleum gases. For permits for liquefied petroleum gasses, see Article 82.

"1. To store, use, handle or dispense LP-gas.

"2. To install or maintain LP-gas containers.

"m.2. Mall, covered. See Article 35. To use a covered mall in the following manner:

"1. Placing or constructing temporary kiosks, display booths, concession equipment or the like in the mall.

"2. To use a mall as a place of assembly.

"3. To use open-flame or flame-producing devices.

"4. To display any liquid- or gas-fueled powered equipment.

"o.1. Open burning. To conduct open burning. Where burning is conducted on public property or the property of someone other than the permit applicant, the permit applicant shall demonstrate that permission has been obtained by the appropriate government agency, the owner, or the owner's authorized agent. When limits for atmospheric conditions or hours restrict burning, such limits shall be designated in the permit restrictions. See Section 1102.3.

"p.3. Pyrotechnical materials. For permits for pyrotechnical special effects materials, see Article 78.

"r.2. Refrigeration equipment. To install or operate mechanical refrigeration unit or system as regulated by Article 63.

"s.1. Spraying or dipping. To conduct a spraying or dipping operation utilizing flammable liquids or the application of combustible powders regulated by Article 45.

"t.1. Temporary membrane structures, tents and canopies. To erect or operate an air-supported temporary membrane structure, tent or a canopy having an area in excess of 400 square feet except for structures used exclusively for camping. See Article 32."

(15) Section 216, Group R Occupancies, is amended by the addition of a new Division 4 to read as follows:

"Division 4. Residential group care facilities.

"Shall be residential group care facilities for ambulatory, nonrestrained persons who may have mental or physical impairment (each accommodating more than five and not more than 16 clients or residents, excluding staff). See Chapter 3, Division IV, International Building Code."

(16) Section 901.2.1 is deleted in its entirety.

(17) The second paragraph of Section 901.4.3 is amended to read as follows:

"All fire hydrants intended for fire protection use shall be painted and maintained in a high visibility yellow."

(18) The first paragraph of Section 902.2.2.5 is amended to read as follows:

"902.2.2.5 Bridges. When a bridge is required to be used as part of a fire apparatus access road, it shall be constructed and maintained in accordance with applicable city standards and nationally recognized standards. If a conflict exists between applicable city standard and nationally recognized standard, the stricter standard shall apply. See Article 90, Standard a.1.1. The bridge shall be designed for a live load sufficient to carry the imposed loads of fire apparatus."

(19) Section 902.4 is amended to read as follows:

"902.4 Key Boxes. Key boxes are required on all fire-sprinklered buildings constructed or approved for construction after the adoption of this code and when access to or within a structure or an area is unduly difficult because of secured openings or where immediate access is necessary for life-saving or firefighting purposes, the chief is authorized to require a key box to be installed in an accessible location. The key box shall be of an approved type and shall contain keys to gain necessary access as required by the chief. Buildings with automatic fire alarm systems may also be required to install key boxes when required by the chief."

(20) The first paragraph of Section 903.4.2 is amended to read as follows:

"903.4.2 Required installations. The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be provided on the public street or on the site of the premises or both to be protected as required and approved by this code and applicable city standards. See Appendix III-B."

(21) The second paragraph of Section 1001.5.2 is amended to read as follows, with the accompanying Exceptions to remain unaltered:

"Automatic fire-extinguishing systems shall be inspected and tested at least annually. See Appendix III-C. Fire alarm systems shall be inspected and tested at least at frequencies specified in UFC Standard 10-2. Standpipe systems shall be inspected and tested as required by the chief."

(22) Section 1001.5.3.1 is amended by adding a third paragraph to read as follows:

"'An excessive number of false alarms' shall be defined as three (3) alarm activations for a building within a 90-day period provided that any such activations are not the result of a cause reasonably beyond the control of the owner of the building. In the event of an excessive number of false alarms, the chief may order the owner of the building, or party responsible for the building, to take whatever actions are necessary to prevent false alarms. These actions may include: repair or replacement of faulty alarm components, addition of tamper-proof devices, modification of system design, and repair of other building components which affect alarm system performance. The chief may also require the owner of the building or party responsible for the building to obtain an approved maintenance contract with a qualified fire alarm maintenance technician to provide continuous maintenance service."

(23) Section 1001.5.4 is amended to read as follows:

"1001.5.4 Systems in high-rise buildings. The owner of a high-rise building shall be responsible for assuring that the fire and life-safety systems required by the Building Code are maintained in an operable condition at all times. Unless otherwise required by the chief, semi-annual tests of such systems shall be conducted by approved persons. A written record shall be maintained and shall be made available to the inspection authority. (See IBC Section 403)."

(24) Section 1003.2.9 is amended to read as follows:

"1003.2.9 Group R, Division 1 Occupancies. An automatic sprinkler system shall be installed throughout every apartment house three or more stories in height or containing more than 16 dwelling units, every congregate residence three or more stories in height or having an occupant load of 20 or more and every hotel three or more stories in height or containing 20 or more guest rooms. Residential or quick-response standard sprinklers shall be used in the dwelling units and guest room portions of the building."

(25) Section 1003.3.1 is deleted in its entirety and reenacted to read as follows:

"1003.3.1 Where Required. All valves controlling the water supply for automatic sprinkler systems and water-flow switches on all sprinkler systems shall be electrically monitored regardless of the number of sprinklers.

"Valve monitoring and water-flow alarm and trouble signals shall be distinctly different and shall be automatically transmitted to an approved central station, remote station or proprietary monitoring station as defined by UFC Standard 10-2."

(26) Section 1004.4 is deleted in its entirety.

(27) Section 1101.3 is deleted in its entirety and reenacted to read as follows:

"1101.3 - Permits and Plans. Permits are required to conduct open burning and to store combustible material, as set forth in Section 105, Permit o.1."

(28) Section 1102.2.1 is amended to read as follows:

"1102.2.1 General. Commercial incinerators shall be permitted to the extent they are permitted by other governing agencies regulating emissions. For construction and other requirements relating to commercial incinerators, see the Building and Mechanical codes. The use of residential incinerators shall be prohibited."

(29) Section 1102.2.2 is deleted in its entirety.

(30) Section 1207.3 is amended by adding a new Exception 3 to the first paragraph thereof to read as follows:

"3. In other than individual dwelling units, Group R, Division 1 guest rooms and congregate residences, exit doors from buildings or rooms having an occupant load of ten (10) or less may have a night latch or dead bolt security device which can be readily inactivated provided a sign is posted conforming to Exception 1 above."

(31) A new Section 1214 is added to read as follows:

"SECTION 1214 -- ELEVATOR EMERGENCY SIGNS.

"Except at the main entrance level, an approved pictorial sign of a standardized design shall be posted adjacent to each elevator call station to indicate that the elevator will not operate in the event of a fire and that the exit stairways should be used."

(32) Paragraph number 1, "Frequency," of Section 1303.3.3.2 is amended to read as follows, with the accompanying Exception to remain unaltered:

"1. Frequency. Fire drills shall be conducted at regular intervals approved by the chief. These intervals may be independently determined to meet specific needs of the occupancy and the intent of this code."

(33) Section 1303.3.4.4.3 is amended to read as follows:

"1303.3.4.4.3 Keys. Keys necessary for the unlocking of exit doors shall be individually identifiable by affixing a clearly labeled identification tag."

(34) Section 1303.3.6 is amended to read as follows:

"1303.3.6 Group R, Division 4 Occupancies. All Group R, Division 4 Occupancies shall comply with all of the emergency plans and procedures requirements set forth in Section 1303 for a Group I Occupancy."

(35) Section 2501.3 is deleted in its entirety and reenacted to read as follows:

"2501.3 Permits and Plans. For permits to operate a carnival or fair or use liquid- or gas-fueled vehicles or equipment for competition or display inside an assembly occupancy area, see Section 105, Permit c.2."

(36) Section 2505.2.3.2 is hereby amended to read as follows:

"2505.2.3.2 Quantity Limit. Fuel in the fuel tank shall not exceed one quarter of the tank capacity or 1 gallon, whichever is less."

(37) Section 3201 is deleted in its entirety and reenacted to read as follows:

"SECTION 3201 – SCOPE.

"Tents, temporary membrane structures, and canopies in excess of 400 square feet shall be in accordance with Article 32."

(38) Section 7701.7.2 is deleted in its entirety and reenacted to read as follows:

"7701.7.2 Storage. The storage of explosive materials is prohibited within the City of Fort Collins, except for temporary storage in an approved day box with an approved blasting operation; provided, however, this prohibition shall not apply to wholesale and retail stores of small arms, and munitions, explosive bolts, explosive rivets or cartridges, or explosive-activated power tools in accordance with this Article 77."

(39) Section 7902.2.2.1 is deleted in its entirety and reenacted to read as follows:

"7902.2.2.1 Locations where aboveground tanks are prohibited. Storage of Class I and II liquids in aboveground tanks outside of buildings is prohibited within the limits established by law as the limits of districts in which such storage is prohibited.

"EXCEPTIONS:

"1. The storage of Class I and Class II liquids in aboveground tanks outside of buildings is prohibited within the City of Fort Collins.

"2. Areas zoned for industrial use. Aboveground tanks in I zones must be approved in accordance with applicable city land use ordinances.

"3. Areas zoned for agricultural use.

"4. On construction sites for the fueling of construction equipment when the tanks are installed and maintained in accordance with Article 79.

"5. Areas zoned commercial and highway business, and in all other zones when allowed as a condition of a planned unit development as defined, processed and approved according to applicable city land use ordinances, when the aboveground tank use is auxiliary to the business being served. Tanks allowed under this exception must meet the requirements of Table 7902.2-J and be approved by the chief. Aboveground tank uses allowed by this exception for existing nonconforming land uses shall be approved by the City through an expansion of an existing nonconforming use process conforming to city land use ordinances."

(40) A new Table 7902.2-J is added to read as follows:

"TABLE 7902.2-J

REQUIREMENTS FOR ABOVEGROUND TANKS FOR STORAGE ONLY
IN AREAS ZONED COMMERCIAL, HIGHWAY BUSINESS AND TOURIST ZONES

¹ Landscaping, fencing or other aesthetic screening may be required. Location, number and size of tanks may be restricted due to neighborhood and/or land use compatibility (within City limits only).

² Required on all pipes outside the dike OR underground.

³ As needed to identify product.

⁴ Required only if equipped with an electrically driven pump."

(41) A new Section 7903.3.5 is hereby added to read as follows:

"7903.3.5 Aboveground Tanks. Class I and Class II liquids shall not be dispensed into the fuel tank of a motor vehicle from aboveground tanks except as provided for in this Section 7903, Article 52, or Appendix II-F.

"EXCEPTIONS:

"1. Dispensing to motor vehicles from aboveground storage tanks is allowed in industrial, tourist, agricultural, commercial and highway business zones and in all other zones when allowed as a condition of a planned unit development as defined, processed and approved according to city and county land use ordinances when approved by the chief and when such installation conforms to the requirements of Table 7903.1-A. All such dispensing shall be an auxiliary use to the business and shall not include sales to the public. Dispensing uses allowed under this exception for existing nonconforming land uses shall be approved by city and county land use agencies through an expansion of an existing nonconforming use process conforming to city and county land use ordinances.

"2. Dispensing to motor vehicles from aboveground tanks is allowed at farms, construction sites and similar occupancies as defined in this Article 79. Any such exception must be in compliance with this Article 79."

(42) A new Table 7903.1-A is added to read as follows:

"TABLE 7903.1-A

REQUIREMENTS FOR ABOVEGROUND TANKS FOR COMMERCIAL USE

¹ Tank capacities may be increased up to 50% in consideration for increased distance from buildings, property lines, and high-risk land uses."

(43) The first paragraph of Section 8202.1 is amended to read as follows, with the accompanying Exception to remain unaltered:

"8202.1 Permits and Plans. For a permit to store, use, handle or dispense LP-gas or installation of or storage facilities for industrial vehicles and floor maintenance machines or maintain an LP-gas container see Section 105, Permit l.1."

(44) Section 8702 is deleted in its entirety.

(45) Section 8706.1 is amended to read as follows:

"8706.1 General. The Chief shall approve a demolition plan before a permit is issued by the building department."

(46) Section 8707 and its subparagraphs are deleted in their entirety.

(47) Appendix I-A is amended by deleting Section 1.2 in its entirety.

(48) Exception 2 in Section 4 of Appendix II-A is amended to read as follows:

"2. Entry, in the course of duty, by peace or police officers, and other duly authorized public officers, members of a fire department and members of the United States Forest Service and Colorado State Forest Service."

(49) Appendix II-C is amended by deleting Section 3 —Permits in its entirety.

(50) Appendix II-D is deleted in its entirety.

(51) Appendix II-E is deleted in its entirety.

(52) Appendix II-I is deleted in its entirety.

(53) Appendix III-B, Table A-III-B-1 is deleted and reenacted to read as follows:

"TABLE A-III-B-1

DISTRIBUTION OF FIRE HYDRANTS

(54) Appendix III-D is deleted in its entirety.

(55) Appendix IV-B is amended by deleting Section 2 — Permits.

(56) Appendix VI-D is deleted in its entirety.

(Code 1972, § 50-2; Ord. No. 192, 1986, § 2, 12-4-86; Ord. No. 205, 1986, § 1, 12-16-86; Ord. No. 20, 1989, §§ 1, 2, 2-21-89; Ord. No. 15, 1990, § 2, 2-20-90; Ord. No. 97, 1991, § 2, 8-20-91; Ord. No. 130, 1992 § 2, 1-5-93; Ord. No. 97, 1996, § 11, 7-16-96; Ord. No. 9, 1999, § 2, 1-19-99; Ord. No. 145, 2003, §§ 1—10, 11-18-03; Ord. No. 049, 2008, § 2, 5-20-08)

Cross-references—Appeals from certain boards to be taken to the City Council, § 2-47; Building Review Board, § 2-117 et seq.

Sec. 9-3. Appeals.

Whenever the Fire Chief shall disapprove any application made pursuant to the Uniform Fire Code, as amended, or refuse to grant a permit applied for thereunder or when it is claimed that the provisions of the fire code do not apply or that the true intent and meaning of the fire code have been misconstrued or wrongly interpreted or when any person requests a variance from the literal terms of the fire code, the applicant or person affected may appeal the decision of the Fire Chief to the Fire Board of Appeals established pursuant to section 103.1.4 of the Uniform Fire Code. Such Board shall have the power to vary or modify any requirement made by the Fire Chief thereunder, provided that an appeal to the Board is made within thirty (30) days of the date of the action complained of. Final decisions of the Board are subject to the right of appeal to the City Council as contained in § 2-47 et seq., of this Code, except that the Fire Chief shall be included as a party-in-interest with standing to appeal a decision which, in his or her judgment, adversely affects public safety.

(Code 1972, § 50-4; Ord. No. 97, 1991, § 3, 8-20-91; Ord. 130, 1992 § 3, 1-5-93; Ord. No. 9, 1999, § 3, 1-19-99)

Cross-references—Appeals from certain boards to be taken to the City Council, § 2-47; Building Review Board shall function as the Fire Board of Appeals, § 2-119.

Sec. 9-4. Violations and penalties.

Any person who shall violate any of the provisions of the Uniform Fire Code, as amended, or who shall fail to comply with any of the provisions or who shall violate or fail to comply with any orders made thereunder or who shall act in any way in violation of any permits issued thereunder shall, severally and for each and every violation in noncompliance respectively, be guilty of a misdemeanor punishable by the penalty set forth in § 1-15 of this Code. The imposition of one (1) penalty for any violation shall not excuse the violation or permit it to continue, and all persons shall be required to correct or remedy the violations or defects within a reasonable time, and when not otherwise specified, each ten (10) days that prohibited conditions are maintained shall constitute a separate offense. The application of any penalty pursuant hereto shall not be held to prevent the forced removal of prohibited conditions nor the suspension or removal of a permit or license issued thereunder.

(Code 1972, § 50-3; Ord. No. 192, 1986, § 3, 12-4-86; Ord. No. 97, 1991, § 4, 8-20-91; Ord. 130, 1992, § 3, 1-5-93)

Cross-reference—General penalty, § 1-15.

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