ORDINANCE NO. _20_
(Series of 2004)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING SECTIONS 11.04.020 AND 11.04.030 OF THE ASPEN MUNICIPAL CODE, ADOPTING BY REFERENCE THE INTERNATIONAL FIRE CODE, 2003 EDITION, AMENDING CERTAIN SECTIONS OF SAID CODE, AND REPEALING SECTIONS OF THE MUNICIPAL CODE INCONSISTENT THEREWITH.
WHEREAS, the City Council desires to adopt, for the benefit of the City of Aspen, the
2003 edition of the International Fire Code, to repeal existing fire code provisions, and
implement recommended changes to the 2003 edition.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT:
Section 1
That Section 11.04.020 of the Municipal Code of the City of Aspen, Colorado, is hereby repealed and reenacted to read as follows:
11.04.020 Adoption of the International Fire Code
Pursuant to the power and authority conferred by the laws of the State of Colorado and the
Charter of the City of Aspen, Colorado, it is hereby adopted as the fire code of the City of Aspen, Colorado, by reference thereto, the International Fire Code, 2003 edition, including the appendix,
except Sections A, E, F and G of said appendix of such code published by the International Code Council Inc. 4051 West Flossmoor Road, Country Club Hills, Illinois, 60478-5795 all to have the same force and effect as though set forth herein in every particular.
Section 2
That Section 11.04.030 of the Municipal Code of the City of Aspen, Colorado, is hereby repealed and reenacted to read as follows:
11.04.030 Amendments
The International Fire Code herein adopted shall be amended as follows:
(a) Section 101.1 is hereby amended that “Aspen Fire Protection District” shall be inserted as the
name of the jurisdiction.
(b) Section 102.6 and 102.7 are hereby amended by the addition of the following:
The most current NFPA code cycle shall be utilized.
Exception: When that current cycle is less than a year from the previous cycle, the previous
cycle may be used with the approval of the fire code official.
(c) Section 103.2 is hereby amended by the addition of the following:
For the purposes of this code the term fire code official there may be inserted fire marshal or
fire chief, it being the intention of this amendment that all powers and duties attributed to
these persons be assumed equally.
(d) The following sentence shall be added to Section 104.6.3:
Copies of all such records shall be forwarded to the office of the fire marshal.
(e) Section 104.10 is hereby amended as follows:
The phrase “fire department” shall read “fire chief.”
(f) Section 108.1 is hereby amended to read:
Appeals shall be in accordance with Section 8.08 of the Municipal Code of the City of Aspen.
(g) Section 109.2.2 is hereby amended by the addition of the following to read:
(1) If the building or other premises is owned by one person and occupied by another, under
lease or otherwise, and the notice of violation requires additions to or changes in the
building or premises such as would be considered real estate and become the property of
the owner, said notice and order shall be directed to such owner of the building or
premises.
(2) Every notice of violation pursuant to this chapter shall set forth a time by which
compliance with the notice violation is required. The time specified shall be reasonable
according to the circumstances of the particular hazards or condition to which the notice
and order pertains. Immediate compliance may be required in any case which represents
extreme or imminent danger to persons or property.
(3) Except for cases where immediate compliance is required, violations pursuant to this
chapter may be appealed as set forth in Section 108.1.
(4) In cases where immediate compliance is required, the notice of violation so stating shall be
final and conclusive.
(h) The definition of “guest” in Section 202 be added:
“Guest” shall mean any person hiring or occupying a room or bed for living or
sleeping purposes.
(i) The definition of “street” in Section 202 shall be added:
“Street” shall mean any thoroughfare, alley or public space not less than sixteen (16) feet
in width which has been dedicated or deeded to the public for public use.
(j) Section 307.1.1 is hereby added to read:
Open burning shall be prohibited from May 31 to October 1.
EXCEPTION: Open burning may be permitted or prohibited at any time when in the
opinion of the fire code official the atmospheric conditions are conducive for safe burning.
(k) Section 308.3.6 is hereby amended to read:
The use of indoor pyrotechnic and open flame displays shall be prohibited.
Exception: Indoor pyrotechnics and open flames shall be permitted if all the following
conditions are met:
(1) A permit shall be issued for each display.
(2) The building is fully equipped with an approved fire sprinkler system
(3) The building is fully equipped with an approved and monitored fire alarm
system
(4) The display is handled and performed by a certified pyrotechnician,
possessing a valid certificate issued by the State of Colorado
(5) There are at least two standby personnel equipped with the appropriate fire
extinguishers and familiar in the use of that fire extinguisher.
(6) A safety plan is filed and approved by the Fire Marshal’s office.
(7) In accordance with NFPA 160 and NFPA 1126
(l) Section 308.3.7 is hereby amended by the addition of the following:
The use of indoor pyrotechnic and open flame displays in a Group A occupancy shall be
prohibited.
Exception: Indoor pyrotechnics shall be permitted if all the following conditions are
met:
(1) A permit shall be issued for each display.
(2) The building is fully equipped with an approved fire sprinkler system.
(3) The building is fully equipped with an approved and monitored fire alarm
system.
(4) The display is handled and performed by a certified pyrotechnician,
possessing a valid certificate issued by the State of Colorado.
(5) There are at least two standby personnel equipped with the appropriate fire
extinguisher and familiar in the use of that fire extinguisher.
(6) A safety plan is filed and approved by the Fire Marshal’s office.
(7) In accordance with NFPA 160 and NFPA 1126.
(m) Section 310.9 is hereby added to read:
Hotels, etc.
(1) It shall be unlawful for any person to cause a fire through the use or misuse of tobacco in any form or of matches or lighters used in connection therewith, in any hotel, motel, rooming or lodging house.
(2) All managers or operators of hotels, motels, rooming or lodging houses shall post in a conspicuous place within such hotel, motel, rooming or lodging house a copy of Section 310.9 along with the penalty imposed for such violation. Any person violating said section shall be guilty of a misdemeanor. Such posting shall be done at no expense to the City.
(n) Section 508.5.4 is hereby added to read:
Snow removal operations shall not prevent fire hydrants from being immediately discernible
or hinder gaining immediate access.
(o) Section 903.2a is hereby added to read:
Every apartment house, town house, lodging house, dormitory, convent, monastery, rooming
house, condominium or hotel two stories or more in height and containing four or more
dwelling units shall have installed therein an approved automatic sprinkler
system throughout the premises. Fire separations shall not constitute separate buildings for
this purpose. This includes all R-3 occupancies.
(p) Section 903.2b is hereby added to read:
Any building, including attached garages, in excess of 5,000 square feet or in a location that is
difficult to access as determined by the fire code official, shall be equipped with an approved
automatic sprinkler system including the installation of a fire department connection. A
minimum of a three sprinkler head hydraulic calculation shall be submitted for approval, a
larger number of sprinkler head calculation may be required depending on the structural
design. Fire separations shall not constitute separate buildings for this purpose. This is includes
all R-3 occupancies
(q) Section 903.4 is hereby added to read:
Automatic sprinkler systems protecting one, two or multiple family dwellings that are not
monitored shall operate in the following manner:
(1) All water flow activations shall be capable of sounding an interior audible alarm
notifying all occupants simultaneously.
(2) All water flow activations shall be capable of activating an exterior audible/visual
alarm. This alarm shall be located so as to be visible from the nearest fire department
access road. A second visual device may be required to delineate the fire department
connection.
(3) The activation of any water control device shall be capable of activating the light
portion only of the exterior audible/visual signal.
(r) Section 903.4 Exception #1 is hereby deleted.
(s) Section 903.4.2 shall be added to read:
For R-3 occupancies: Interior audible water flow signals capable of notifying all occupants
simultaneously shall be provided. A visual and audible water flow alarm shall be installed on
the exterior of the building. This alarm shall be located so as to be visible from the nearest fire
department access road. A second visual device may be required to delineate the fire
department connection. Where the R-3 occupancy is a duplex, triplex or greater, audible
alarms shall notify all of the occupants simultaneously upon a water flow activation. Exterior
visual and audible alarms shall activate on the unit of origin only.
(t) Section 907.1.3 is hereby added:
All plans for fire alarm systems submitted for approval shall have affixed the signature of a
NICET Level 3 or higher in the field of fire alarm design.
Exception: Where the fire alarm system designer has the equivalent of NICET Level 3
training, all certificates and documentation shall be presented for compliance.
(u) Section 907.1.4 is hereby added:
All fire alarm system installations shall be supervised by a person having a NICET Level 2 or
higher in the field of fire alarm installation.
Exception: Where the fire alarm system installer has the equivalent of NICET Level 2
training, all certificates and documentation shall be presented for compliance.
Note, for sections 907.1.3 and 907.1.3.1 designers and installers shall have 18 months from the
date of adoption for compliance.
(v) Section 907.1.5 is hereby added:
All fire alarm systems required by this code shall be addressable, analog systems. Exception:
With the approval of the Fire Marshal a conventional system may be used if that system is
used only to monitor a fire sprinkler system.
(w) Section 907.2.1 is hereby amended to read:
A manual and automatic fire alarm system shall be installed in accordance with NFPA
72 in group A occupancies having an occupant load of 100 or more. Portions of Group E
occupancies occupied for assembly purposes shall be provided with a fire alarm as required
for the Group E occupancy.
(x) Section 907.2.1 Exception is hereby deleted.
(y) Section 907.2.2 is hereby amended to read:
A manual fire alarm system shall be installed in Group B occupancies having an occupant
load of 100 or more persons or more than 50 persons above or below the lowest level of exit
discharge.
(z) Section 907.2.2 Exception is hereby deleted.
(aa) Section 907.2.3 Exception 2, subsection 2.7 is hereby be added:
Where the building is equipped throughout with an approved automatic sprinkler system and
the alarm notification devices will activate upon sprinkler water flow.
(bb) Section 907.2.7 Exception is hereby deleted.
(cc) Section 907.2.8.1 Exceptions are hereby deleted.
(dd) Section 907.2.8.2 is hereby added:
Automatic fire alarm shall be installed in all common areas, laundry rooms, and mechanical
rooms.
(ee) Section 907.2.8.2 Exception is hereby deleted.
(ff) Section 907.2.9 Is hereby amended to read:
Every apartment house, town house, lodging house, dormitory, convent, monastery,
rooming house, condominium or hotel two stories or more in height and containing four or
more dwelling units shall have installed therein an approved automatic and
manually operated fire alarm system so designed that all occupants of the building may be
warned simultaneously. Fire alarm systems shall be installed in accordance with I.F.C.
Section 907.2 and nationally recognized standards. Fire separations shall not
constitute separate buildings for this purpose. This includes all R-3 occupancies other
than single family dwellings.
(gg) Section 907.2.9 Exceptions are hereby deleted.
(hh) Section 907.3 is hereby added to read:
All fire alarm systems shall be installed and in operation within one year of notification by the
fire prevention bureau.
(ii) Section 907.3.1.5 is hereby amended to read:
A fire alarm system shall be installed in existing Group R-1 hotels and motels of more than
two stories and with four or more dwelling units.
(jj) Section 907.3.1.5 Exception is hereby deleted.
(kk) Section 907.3.1.7 is hereby amended to read:
Every apartment house, town house, lodging house, dormitory, convent, monastery,
rooming house, condominium or hotel two stories or more in height and containing four
or more apartments or guest rooms shall have installed therein an approved automatic and
manually operated fire alarm system so designed that all occupants of the building may be
warned simultaneously. Fire alarm systems shall be installed in accordance with I.F.C.
Section 907.2 and nationally recognized Standards. Fire separations shall not
constitute separate buildings for this purpose. This includes all R-3 occupancies other
than single family dwellings.
(ll) Section 907.3.1.7 Exceptions are hereby deleted.
(mm) Section 907.4.1 Exception is hereby deleted.
(nn) Section 907.10.1.1.2 is hereby added to read:
The exterior visual signals shall meet the following requirements:
(1) The light used shall be of the strobe type producing at least one million
candle power, or incandescent flashing type which can be plainly seen for at least
1,500 feet in all directions of approach.
(2) Lights are to be red in color for systems equipped with a fire department
connection and yellow in color for systems not having a fire department
connection.
(3) In systems with fire department connections the light is to be located at least 12ft. above
and as directly vertical to the fire department connection as possible. In systems
without fire department connections the light is to be located so as to be visible from
the nearest street.
(4) A sign with the words “Fire, Call Fire Department” (black on a white
background and large enough to be visible from the center of the adjacent
street) shall be mounted directly above the light.
(5) The light shall not replace the audible alarms but is to be used in conjunction
with it.
(6) The visual and audio signal shall be together on a circuit separate from all
others except exit signs.
(oo) Section 907.10.3 is hereby added to read
An inside audible alarm is to be installed whenever an alarm is required by Chapter 9 of
the International Fire Code and Chapter 9 of the International Building Codes. In the case of
public assembly areas with an occupant load of one hundred (100) or more persons or where,
in the opinion of the Building Official or the Fire Marshal, the installation of an inside alarm
may result in creating panic, the alarm signal shall be installed in an attended area (e.g.
projection booth, manager’s office) from where there can be effectuated an orderly
evacuation of the assembly area pursuant to the system approved by the Building Official
or Fire Marshal.
(pp) Section 913.4 #3 is hereby deleted
(qq) Section 1008.1.8.7, #3 is hereby amended to read:
In stairways serving not more than two stories, doors are permitted to be locked from the side
opposite the egress side, provided they are openable from the egress side.
(rr) Section 1024.12 Exceptions 1, 3, and 4 are hereby amended by:
inserting 75 seats for 200 seats.
(ss) Section 1026.5 #2 is hereby amended to read:
Group B occupancies with 100 or more total occupants.
For high-rise buildings and smoke proof enclosures, see the Building Code. Emergency
systems shall be supplied from storage batteries or an on-site generator set and the
system shall be installed in accordance with the requirements of the Electrical Code.
(tt) Section 2204.3 is hereby added to read:
A safety plan and safety equipment technical data shall be submitted for review prior to
approval. Unsupervised private dispensing shall be by permit only.
(uu) Section 3301.1.3 is hereby added:
Exception 5: The storage, sale, use and handling of toy caps, sparklers and smoke snakes
shall be permitted.
(vv) Section 3301.2.4 is hereby amended to read:
Before a permit is issued, as required by Section 3301.2, the applicant shall file with the
City of Aspen or Pitkin County a corporate surety bond in a principal sum equal to the
amount required by the Colorado state statutes, Pitkin County, or the City of Aspen, of
persons engaging in similar activities, or a public liability insurance policy for the same
amount, for the purpose of the payment of all damages to persons or property which arise
from, or are caused by, the conduct of any act authorized by the permit upon which any legal
judgment results. The fire code official may specify a greater or lesser amount when, in his
opinion, conditions at the location of use indicate a greater or lesser amount is required.
public agencies shall be exempt from this bond requirement.
(ww) Section 3304.10.8 is hereby added to read:
Storage of explosives in quantities exceeding fifty (50) pounds shall be in a Type I
magazine, except that a Type 3 magazine may be used for temporary storage of a larger
quantity of explosives at the site of blasting operations where such amount constitutes not
more than one day’s supply for use in current operations. At the end of the day’s operations
any remaining explosives shall be safely destroyed or returned to a Type 1 magazine.
(xx) Section 3304.10.9 is hereby added to read:
Storage of explosives in quantities of fifty (50) pounds or less shall be in Type I or Type II
magazines, except that explosives in any quantity when stored in remote locations shall be in
Type I, bullet resistant magazines.
(yy) Section 3304.10.10 is hereby added to read:
The handling and firing of explosives shall only be performed by the person possessing a
valid explosives certificate issued by the State of Colorado.
(zz) Section 3308.1.2 is hereby added to read:
The use of indoor pyrotechnic displays shall be prohibited.
Exception: Indoor pyrotechnics shall be permitted if all the following conditions are
met:
(1) A permit shall be issued for each display.
(2) The building is fully equipped with an approved fire sprinkler system
(3) The building is fully equipped with an approved and monitored fire alarm
system
(4) The display is handled and performed by a certified pyrotechnician and
possessing a valid certificate issued by the State of Colorado
(5) There are at least two standby personnel equipped with the appropriate fire
extinguisher and familiar in the use of that fire extinguisher.
(6) A safety plan is filed and approved by the Fire Marshal’s office
(7) In accordance with NFPA 160 and NFPA 1126.
(aaa) Section 3404.2.13.2.4 is hereby added to read:
Hereafter no tank for the storage of flammable fluid in excess of ten (10) gallons shall be
erected, repaired, renewed or replaced either wholly or partially above ground. Where in
the opinion of the fire code official an existing tank constitutes a fire hazard through neglect
or disrepair, he shall order such tank removed; however, tanks or other facilities for the
storage of Class 6 fuel oil may be installed above ground if approved by the fire code
official and in accordance with existing codes and regulations pertaining to above ground
storage.
(bbb) Section 3406.2.4 is hereby amended to read:
The capacity of permanent above-ground tanks containing Class l or ll liquids shall not
exceed 1,100 gallons (4164 L). The capacity of temporary above-tanks containing Class l or ll
liquids shall not exceed 500 gallons (1892 L). Tanks shall be of the single-compartment design.
A permit shall be obtained from the Fire Marshal for the storage or keeping of volatile
inflammable fluids in excess of five (5) gallons in any building and of ten (10) gallons on any
premises. The Fire Marshal is further authorized to issue temporary permits for the above
ground storage of such fluids in tanks which shall not exceed a five hundred (500) gallon
capacity for the purpose of providing fuel for heavy equipment used in building construction,
earth moving, earth grading or similar operations and such permits may be issued only for sites
where there are not close hazards. Such temporary permits shall be issued with the time limits
set which shall conform to the reasonably necessary time for completion of the individual job for
which the permit is issued.
(ccc) Section 3406.6.1.12 is hereby added:
The maximum length of the delivery hose used to connect the tank vehicles being filled shall
not exceed twenty (20) feet.
(ddd) Section 3406.6.1.13 is hereby added:
Tank delivery vehicles used for the delivery of flammable liquids as defined in this article,
having an aggregate capacity in excess of one thousand five hundred (1,500) gallons shall
be equipped with a single cargo tank mounted thereon, self-propelled and of the diesel
powered type.
(eee) Section 3406.6.1.14 is hereby added:
It shall be unlawful for any motor vehicle having a tank capacity in excess
of two thousand five hundred (2,500) gallons liquid capacity to deliver
LP gas to any place of storage within the corporate limits of the city.
(fff) Section 3406.6.1.15 is hereby added:
It shall be unlawful for any motor vehicle having a tank capacity in excess of five thousand
(5,000) gallons aggregate, or with any one compartment thereof in excess of two thousand
five hundred (2,500) gallon individual capacity, to deliver flammable liquids to any place
of storage within the corporate limits of the city.
(ggg) Section 3406.6.1.16 is hereby added:
It shall be unlawful for any motor vehicle transporting flammable liquids in excess of five
thousand (5,000) gallons, or any motor vehicle transporting LP gas in excess of two
thousand five hundred (2,500) gallons liquid, or any vehicle transporting explosives and
other dangerous articles, to remain within the city for a period exceeding one hour, unless
as provided herein.
(hhh) Section 3406.6.1.16 is hereby added:
It shall be unlawful for any motor vehicle other than a tank delivery vehicle as defined
herein to deliver flammable liquids, LP gas, or other dangerous articles to any place of
storage within the corporate limits of the city
Section 3
That the International Fire Code, 2003 edition, hereinabove adopted by reference is to govern the maintenance of buildings and premises; to safeguard life, health, property and public welfare by regulating the storage, use and handling of dangerous and hazardous materials, substances and processes and by regulating the maintenance of adequate egress facilities.
Section 4
That three copies of the primary code and secondary code being considered for adoption by this ordinance, all certified to be true copies by the Mayor and City Council, shall be on file with the City Clerk and shall be open for public inspection in her office at the Aspen City Hall, Aspen, Colorado, any weekday between the hours of 9 a.m. and 5 p.m., at least fifteen days preceding the public hearing on this ordinance.
Section 5
That on passage of this ordinance and adoption of this code by reference, one copy of the Code may be kept in the office of the chief enforcement officer instead of in the office of the City Clerk. Following the adoption of this code, the City Clerk shall at all times maintain a reasonable supply of copies of the code available for purchase by the public.
Section 6
Existing ordinances or parts of ordinances covering the same matters as embraced in this ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed, except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this ordinance.
Section 7
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof.
