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1979-12.-.y ORDINANCE NO. ~ Series of 1979 AN ORDINANCE ADOPTING BY REFERENCE THE UNIFORM FIRE CODE, 1976 EDITION; SETTING FORTH AMENDMENTS THERETO; PROVIDING THAT SAID CODE AND AMENDMENTS BE AVAILABLE FOR INSPECTION AT THE OFFICE OF THE TOWN CLERK, TOWN OF VAIL; DESIGNATING A PUBLIC HEARING THEREON; SETTING FORTH PENALTIES FOR VIOLA- TION OF THE UNIFORM FIRE CODE; AND SETTING FORTH DETAILS IN RELATION TO THE FOREGOING WHEREAS, the Charter Statutes of the State of Colora~ maybe adopted by reference with WHEREAS, the Town of 1973 T1:~.iform Fire Code; WHEREAS, the Uniform 1976 edition issued; • of the Town of Vail and the 3o provide that standard codes amendments; Vail adopted by reference the Fire Code has been revised and the WHEREAS, it is the opinion of the Town Council that the public health, safety and welfare would be served by the adoption of the 1976 edition of the Uniform Fire Code by ref- erence; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The 1976 edition of the Uniform Fire Code is hereby adopted by reference. The 1976 edition of the Uniform Fire Code is published by the International confer- ence of Building Officials, 5360 South Workman Mill Road, Whittier, California 90601. Section 2. The following amendments are made to the Uniform Fire Code, 1976 edition: A. Section 1.210: Additional subparagraphs are added as follows: (c) The Chief or his duly authorized represen- tative upon ascertaining a building or the appliances and systems installed therein to be unsafe so as to create a hazard to life or property for a reason specified in subparagraphs (a) or (b) of this section, shall serve upon the owner or the person having control of the property a written notice stating the hazard and its cause, setting a date and time by which the hazard shall be eliminated, and warning that the failure to comply with the notice shall cause the building or its premises to be closed and remain closed until the hazard has been eliminated. i, ~ ~ • pg. 2 Ord. No. (d) An order that a building or its premises has been closed shall be served by the chief or his duly authorized representative upon the owner or the person having control of the property, and said order shall state the hazard and its cause which necessitate said closing, indicate that the written notice provided in subparagraph (c) of this section was not complied with, and that the area closed shall remain closed until the further order of the Chief or his duly authorized representative. (e) A closed building or its premises shall not be occupied by any person, except personnel required to eliminate the hazard indicated in the order of closing. (f) The Chief or his duly authorized representative may in his discretion issue an oral order to correct hazards referred to in subparagraphs (a) or (b) of this section in the event said hazards can be corrected within forty-eight hours from the giving of the order to the owner or the person having control of the property; provided, however, that the giving of an oral order shall not abrogate the necessity for the issuance of a written order which is expressly required by this section. B. Section 1.212: Additional subparagraphs are added as follows: (e) Any person violating any provision of the Uniform Fire Code shall be guilty of a misdemeanor, and upon conviction thereof shall be puncished by a fine not to exceed $300 or by imprisonment not to exceed ninety (90) days, or both such fine or imprisonment. (f) Each and every day that any violation continues shall be considered a separate violation. C. All penalty provisions in the Uniform Fire Code, 1976 Edition in conflict with Section 1.212, as amended, are abrogated. Section 3. Three copies of the 1976 edition of the Uniform Fire Code and the amendments proposed by this Ordinance shall be available for inspection at the Office of the Town Clerk of the Town of Vail, Colorado. % .' • ~ ~ • • Pg. 3 Ord. No. Section 4. Upon the adoption of this ordinance, Chapter 15.12 of the Vail Municipal Code shall be repealed. Section 5. If any part, section, subsection, sentence, clause or phrase of this `ordinance or of the Uniform Fire Code, 1976 edition, is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this- ordinance or of the Uniform Fire Code, 1976 edition; and the Town Council hereby declares it would have passed this ordinance and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 6. The repeal or the repeal and reenactment of any provision of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or pro- ceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or other ordinance previously repealed or superseded unless expressly stated herein. Section 7. There shall be a public hearing for the consideration of the adoption of the Uniform Fire Code, 1976 edition, by reference, on the 3rd day of April, 1979 at 7:30 P.M. in the Town Council Chambers, Municipal Building, Vail, Colorado. The Town Clerk shall have notice of that public hearing published in the Vail Trail on two occasions, the first not less than fifteen (15) days prior to the public hearing and the second not less than eight (8) days prior to the public hearing. Section 8. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper far the health, safety and welfare of the Town of Vail and the inhabitants thereof . -• • • Pg. 4 Ord. No. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL, this 6th day of March, 1979, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council of the Town of Vail, Colorado, on the 17 day of April, 1979, at 7:30 P.M. in the Municipal Building of the Town of Vail. 1 Mayor / ' I ', ATTEST .r" ,~~ %r ''% ~ :~' ~- ~= ~ Get Town Clerk INTRODUCED, READ, APPROVED Of'd SECOND READING AND ORDERED PUBLISHED BY TITLE ONLY THIS 17 DAY OF APRIL, 1979. MH Y r~ / ~ • ATTEST . %~,~,~. F ,~.1' -~- ~ ~~~ TOWIV CLERK ..,