City of Durango | City Code | Fire Prevention and Protection

Chapter 8 FIRE PREVENTION AND PROTECTION*

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*Cross reference(s)--Buildings and building regulations, Ch. 6; health and sanitation, Ch. 11; junked, wrecked and abandoned property, Ch. 12; police, Ch. 19; streets, sidewalks and other public places, Ch. 21; traffic and vehicles, Ch. 24; utilities, Ch. 25; vegetation, Ch. 26; land use and development code, Ch. 27.

State law reference(s)--Fireworks, C.R.S. § 12-28-101 et seq.

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Art. I. In General, §§ 8-1--8-15

Art. II. Fire Chief, §§ 8-16--8-30

Art. III. Fire Department, §§ 8-31--8-45

Art. IV. Fire Code, §§ 8-46--8-70

Art. V. Reserved, §§ 8-71--8-74

ARTICLE I. IN GENERAL

Sec. 8-1. Reserved.

Editor's note--Section 2 of Ord. No. 1992-1, adopted Feb. 4, 1992, repealed § 8-1 in its entirety. Formerly § 8-1 pertained to special permit for burning and derived from § 8-4-6 of the 1962 Code.

Sec. 8-2. Fireworks.

(a) Defined. Any combustible or explosive material combined in such a manner as to produce lights or flashes of light or explosive noises for display or amusement.

(b) Prohibited. It shall be unlawful for any person to have any fireworks in his possession.

(1) Nothing in this section shall apply to the possession or use of signaling devices for current daily use by railroads, trucks and others requiring them.

(2) The fire chief or the city clerk, may upon due application, issue a permit to a properly qualified person for giving a pyrotechnic display in the public parks or other open places.

(Code 1962, §§ 7-2-1--7-2-3)

Secs. 8-3--8-15. Reserved.

ARTICLE II. FIRE CHIEF*

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*Cross reference(s)--Officers and employees, Ch. 2, art. IV.

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Sec. 8-16. Appointed.

The fire chief shall be appointed by the city manager subject to the approval of the council. He shall hold office for the duration of his appointment unless sooner removed by the city manager with the concurrence of the council.

(Code 1962, § 1-12-1)

Sec. 8-17. Head of fire department.

The fire chief shall be the head of the fire department and have supervision over all officers and members thereof. The fire chief may within the framework of the annual budget approved by the city council and with the authorization of the city manager, appoint such other fire department officers as may be deemed necessary.

(Code 1962, § 1-12-2)

Sec. 8-18. Duties.

The fire chief shall keep such records and make such reports concerning the activities of his department as may be required by statute or by the city manager. He shall be responsible for the performance of the fire department and its functions and all persons who are members of the fire department shall serve subject to his orders. He shall be responsible for the control and custody of all fire department property and equipment. He shall have the authority of a police officer while actively engaged in fighting a fire or going to or from a fire.

(Code 1962, § 1-12-3)

Secs. 8-19--8-30. Reserved.

ARTICLE III. FIRE DEPARTMENT*

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*Cross reference(s)--Departments, Ch. 2, art. III.

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Sec. 8-31. Created.

There is hereby created a fire department which shall consist of a fire chief and such other personnel as may be provided for by the council.

(Code 1962, § 3-2-1)

Sec. 8-32. Duties.

It shall be the duty of members of the fire department to provide for the immediate answering of all fire calls and to fight all fires with the best and most modern available methods. Members shall see to the care and maintenance of all firefighting equipment and have such equipment in workable condition at all times.

(Code 1962, § 3-2-2)

Sec. 8-33. Fire prevention.

Every possible action shall be taken by the members of the fire department to eliminate fire hazards and to provide for fire prevention methods and operations within the city.

(Code 1962, § 3-2-3)

Sec. 8-34. Auxiliary members.

All auxiliary members of the fire department shall conduct themselves in the same manner and under the same rules and regulations as regular members of the fire department. They shall respond to all fire calls according to a schedule prescribed by the fire chief and they shall attend all meetings and drills called by the fire chief.

(Code 1962, § 3-2-4)

Secs. 8-35--8-45. Reserved.

ARTICLE IV. FIRE CODE

*Editors Note: Ord. No. O-2005-33, §§ 1--7, adopted Dec. 20, 2005, amended the former Art. IV, §§ 8-46--8-54, and enacted new §§ 8-46--8-54 as set out herein. The former provisions pertained to similar subject matter. For complete derivation see the Code Comparative Table at the end of this volume.

Sec. 8-46. Adopted.

Pursuant to C.R.S., § 31-16-201, et. seq., there is hereby adopted, for the purpose of regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life of property in the occupancy of buildings and premises within the city, the International Fire Code, 2003 Edition, including Appendix Chapters B, C and D, and reference Appendices E, F and G, as published by International Code Council, Inc. One (1) copy of such Code is on file in the office of the city clerk and one (1) copy is on file at the office of the Fire Prevention Division of the Durango Fire & Rescue Authority. Such copies may be inspected during regular business hours.

(Ord. No. O-2005-33, § 1, 12-20-05)

Sec. 8-47. Amendments

The following amendments to the International Fire Code adopted in section 8-46 are hereby adopted:

(a) All references to "name of jurisdiction" shall mean and refer to the City of Durango.

(b) All references to the "fire code official" shall mean and refer to the Chief of the Durango Fire & Rescue Authority, and all references to the "department of fire prevention" shall mean and refer to the Durango Fire & Rescue Authority.

(d) Section 105.6 is amended to read as follows: 105.6 Required operational permits. The fire code official is authorized to issue operational permits for the operations set forth in § 105.6.2 (Amusement buildings), § 105.6.4 (Carnivals and fairs), § 105.6.15 (Explosives), § 105.6.31 (Open burning), § 105.6.37 (Pyrotechnic special effects material), and § 105.6.44 (Temporary membrane structures, tents and canopies).

(e) Section 105.7 is amended to read as follows: 105.7 Required construction permits. The fire code official is authorized to issue construction permits for work as set forth in § 105.7.1 (Automatic fire-extinguishing systems, § 105.7.3 (Fire alarm and detection systems and related equipment), and § 105.7.4 (Fire pumps and related equipment).

(f) Section 108 is amended, in its entirety, to read as follows:

108 Board of appeals. Appeals of orders, decisions or determinations made by the fire code official relative to the application and interpretation of this code shall be heard by the uniform building and fire code board of appeals created pursuant to § 12-2 of Chapter 27 of the Code of Ordinances of the City of Durango.

(g) Section 109.3 is amended to read as follows:

109.3 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements therof or who shall erect, 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 certificate used under the provisions of this code shall subject to the penalty provisions set forth within § 1-16 of the Code of Ordinances of the City of Durango.

(h) Section 111.4 is amended to read as follows:

111.4 Failure to comply. The continuation of any work by any person after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall constitute a violation of this code and shall subject such person to the penalty provisions set forth within § 1-16 of the Code of Ordinances of the City of Durango.

(i) Section 304.1.2 is amended to read as follows:

304.1.2 Vegetation. Weeds, grass, vines or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises. Vegetation clearance requirements in urban-wildland interface areas shall be in accordance with the Colorado State University Cooperative Extension Office Publication 6.302-- Creating Wildfire-Defensible Zones.

(j) Section 307.1 is amended to read as follows:

307.1 General. In general, open burning within the city limits is prohibited and, if allowed, must be permitted by the fire code official and maintained as stipulated within this section. A person shall not kindle or maintain or authorize to be kindled or maintained any open burning unless conducted and approved in accordance with this section.

(k) Section 307.2 is amended to read as follows:

307.2 Permit required. A permit shall be obtained from the fire code official in accordance with § 105.6 prior to any open burning. Application for such approval shall only be presented by and permits issued to the owner of the land upon which the fire is to be kindled.

(l) Sections 308.3.1 and 308.3.1.1 are deleted in their entirety.

(m) The definition of "fire apparatus access road" set forth in § 502.1 is amended to read as follows: FIRE APPARATUS ACCESS ROAD. A road that provides fire apparatus access from a fire station to a facility, building or portion therof. This is a general term inclusive of all other terms such as fire lane, public street, private street, parking lot lane and access roadway. When providing access to individual residential homes, the term also applies to driveways if the driveway provides access to more than 3 homes, or if the driveway extends for more than 150 feet, in which event an approved turnaround area shall be required, as specified in § 503.2.5.

(n) Section 503.1 is amended through the addition of a new § 503.1.4, which reads as follows:

503.1.4 Temporary Fire Access. If not otherwise available or in place, a temporary fire access roadway shall be created and maintained prior to and during the construction of every facility, building or portion of a building. Such temporary fire access roadway shall be not less than 16 feet in width, shall be kept clear for access at all times, and shall be designed and able to withstand loads of not less than 60,000 pounds.

(o) Section 504.2 is amended to read as follows:

504.2 Maintenance of exterior doors and openings. Exterior doors and their function shall not be eliminated without prior approval. Exterior doors that have been rendered nonfunctional and that retain a functional door exterior appearance shall have a sign affixed to the exterior side of the door with the words THIS DOOR IS BLOCKED. The sign shall consist of letters having a principal stroke of not less than 1/4" in width and 2" in height on a contrasting background. Required fire department access doors shall not be obstructed or eliminated. Exit an exit access doors shall comply with Chapter 10. Access doors for high-piled combustible storage shall comply with § 2306.6.1.

(p) Section 508.5.4 is amended to read as follows:

508.5.4 Obstruction. Posts, fences, vehicles, growth, trash, storage, snow and other materials or objects shall not be placed, kept or allowed to remain near fire hydrants, fire department inlet connections or fire protection system control valves in a manner that would prevent such equipment or fire hydrants from being immediately discernible. The fire department shall not be deterred or hindered from gaining immediate access to fire protection equipment or fire hydrants.

(q) Section 510.1 is amended to read as follows:

510.1 Identification. Fire protection equipment shall be identified in an approved manner. Rooms containing controls for air-conditioning systems, sprinkler risers and valves, or other fire detection, suppression or control elements shall be identified for the use of the fire department. Approved signs with lettering not less than 1/4" in width and 2" in height on a contrasting background are required to identify fire protection equipment and equipment locations. Such signs shall be constructed of durable materials, permanently installed and readily visible.

(r) Section 605.3.1 is amended to read as follows:

605.3.1 Labeling. Doors into electrical control panel rooms shall be marked with a plainly visible and legible sign, with lettering not less than 1/4" in width and 2" in height on a contrasting background, stating ELECTRICAL ROOM or similar approved wording. The disconnecting means for each service, feeder or branch circuit originating on a switchboard or panel board shall be legibly and durably marked to indicate its purpose unless such purpose is clearly evident.

(s) Section 901 is amended through the addition of a new section 901.2.2, which reads, in its entirety, as follows:

901.2.2 Plan Certification for Fire Alarm Systems and Occupant Notification. All fire alarm and occupant notification system plans submitted to the fire department for review and approval shall bear a review certification of minimum level III NICET (National Institute for the Certification of Engineering Technologies) in fire alarms.

(t) Section 901 is amended through the addition of a new section 901.2.3, which reads, in its entirety, as follows:

901.2.3 Plan Certification for Fire Sprinkler Systems. All fire sprinkler plans submitted to the fire department for review and approval shall bear a review certification of minimum level III NICET (National Institute for the Certification of Engineering Technologies) in fire alarms.

(u) Section 901 is amended through the addition of a new section 901.2.4, which reads, in its entirety, as follows:

901.2.4 Plan Certification for All Other Fire Protection Systems. Plan certification for all other fire protection systems will be accompanied by a certification of competence if determined necessary and requested by the fire code official, or his designee.

(v) Section 3301.1.3 is amended to read as follows:

3301.1.3 Fireworks. The possession, manufacture, storage, sale, handling and use of fireworks, other than toy caps, sparklers and smoke snakes, are prohibited.

(Ord. No. O-2005-33, § 2, 12-20-05)

Sec. 8-48. Establishment and duties of department of fire prevention.

(a) The fire code adopted in section 8-46 shall be enforced by the department of fire prevention within the Durango Fire & Rescue Authority, which shall be operated under the supervision of the chief of the authority, who, acting individually or through his designees, shall also serve as the fire code official.

(b) The fire code official may detail such members of the department of fire prevention as inspectors as shall from time to time be necessary.

(c) A report by the fire code official shall be made annually and transmitted to the city manager. It shall contain all proceedings under this article with such statistics as the fire code official may wish to include in the report. The fire code official shall also recommend any amendments to the fire code which, in his judgment, shall be necessary or desirable.

(Ord. No. O-2005-33, § 3, 12-20-05)

Sec. 8-49. Storage of explosives and blasting agents prohibited.

Notwithstanding any contrary provision within the International Fire Code adopted in section 8-46, the storage of explosives and blasting agents within the city is prohibited.

(Ord. No. O-2005-33, § 4, 12-20-05)

Sec. 8-50. Storage of flammable or combustible liquids in outside aboveground tanks.

(a) Notwithstanding any contrary provision within the International Fire Code adopted in section 8-46, the storage of flammable or combustible liquids, including but not limited to Class I liquids, Class II liquids and cryogenic fluids, in aboveground tanks within the city is prohibited; provided, however, limited aboveground storage of flammable and combustible liquids may be allowed, by permit issued by the department of fire prevention and a use permit by the City of Durango, to those property owners meeting the following criteria:

Permits issued pursuant to this subsection shall be for a period of one (1) year and shall be renewable annually thereafter, subject to inspection to insure that the conditions required pursuant to this subsection continue to be met.

(b) The limits referred to within the International Fire Code adopted in section 8-46 in which new bulk plants for flammable or combustible liquids are prohibited are hereby established as the City Limits of Durango.

(Ord. No. O-2005-33, § 5, 12-20-05)

Sec. 8-51. Establishment of limits in which bulk storage of liquefied petroleum gas is restricted.

Notwithstanding any contrary provision within the International Fire Code adopted in section 8-46, the bulk storage of liquefied petroleum gas within the city is prohibited. The term "bulk storage" shall not exclude the use of liquefied petroleum gas tanks used to supply fuel to residential property. Need to allow per permit from fire department and use permit from the city. (special use permit)

(Ord. No. O-2005-33, § 6, 12-20-05)

Sec. 8-52. Modifications.

The fire code official shall have the power to modify any of the provisions of the International Fire Code adopted in section 8-46 upon application in writing by the owner of lessee, of his duly authorized agent, where there are practical difficulties which preclude carrying out the strict letter of the code, provided that the spirit of the code shall be observed, public safety secured and substantial justice done. The particulars of such modifications when granted or allowed and the decision of the fire code official thereon shall be entered upon the records of the department of fire prevention and a signed copy shall be furnished to the applicant.

(Ord. No. O-2005-33, § 7, 12-20-05)

Sec. 8-53. Appeals.

Whenever the fire code official shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the International Fire Code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the fire code official to the uniform building and fire code board of appeals referenced in section 108 of the International Fire Code, as herein amended. Any such appeal must be filed within thirty (30) days of the decision being appealed.

(Ord. No. O-2005-33, § 8, 12-20-05)

Sec. 8-54. New materials, processes or occupancies which may require permits.

The city manager and the fire code official shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies, which shall require permits in addition to those now enumerated in the International Fire Code adopted in section 8-46. The fire code official shall post such list in a conspicuous place in his office and distribute copies thereof to interested persons.

(Ord. No. O-2005-33, § 9, 12-20-05)

Sec. 8-55. Violations.

It shall be unlawful for any person, firm or corporation within the City of Durango to do anything contrary to or in violation of any of the provisions of the code adopted in section 8-46. Maintenance of equipment which was unlawful at the time it was installed and which would be unlawful under said code if installed after the effective date of said code shall constitute a continuing violation of said code.

(Code 1962, § 7-3-11(A); Ord. No. 1986-6, § 1(7-3-11), 4-1-86; Ord. No. 1989-5, § 4, 2-7-89; Ord. No. 1995-2, § 6(a), 2-21-95)

Sec. 8-56. Application.

This article shall apply to any condition which constitutes a hazard to life or property from fire or explosion, including, but not limited to, any construction, installation and storage of explosives or inflammable materials, in violation of the fire code adopted in section 8-46.

(Code 1962, § 7-3-12; Ord. No. 1986-6, § 1(7-3-12), 4-1-86)

Sec. 8-57. Interpretation.

This article shall be so interpreted and construed as to effectuate its general purpose to make uniform the local regulation contained in this article. Section headings of this article and the fire code adopted in section 8-46 shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or extent of the provisions of any article or section thereof.

(Code 1962, § 7-3-15; Ord. No. 1986-6, § 1(7-3-15), 4-1-86)

Secs. 8-58--8-70. Reserved.

ARTICLE V. RESERVED*

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*Editor's note--Section 2 of Ord. No. 1992-1, adopted Feb. 4, 1992, repealed §§ 8-71--8-74, Art. V of Ch. 8. Formerly, §§ 8-71--8-74 pertained to the 1981 edition of the Life Safety Code and derived from §§ 7-4-1--7-4-3 and § 7-4-6 of the 1962 Code.

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Secs. 8-71--8-74. Reserved.