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HomeMy WebLinkAbout070 - 05/05/2020 - APPROVING EMERGENCY RULES AND REGULATIONS ENACTED BY THE CITY MANAGER PURSUANT TO THE LOCAL COVID-19City Manager’s Office 300 Laporte Avenue PO Box 580 Fort Collins, CO 80522 970.221.6505 970.224.6107 fcgov.com EMERGENCY RULES AND REGULATIONS No. 2020-13 To all persons take notice: That for the protection of life, health, safety and property as affected by reason of the Novel Coronavirus 2019 (COVID-19), which resulted in my declaration of a “local emergency” under the authority of Chapter 2, Article IX of the Code of the City of Fort Collins, (City) and which declaration of local emergency was filed with the City Clerk and with the Colorado Division of Emergency Management on March 13, 2020 and extended by City Council adoption of Resolution 2020-030 on March 20, 2020 (Local Emergency), I have hereby established, under the authority of City Code Sec. 2-671(a)(6)a, and 2-675 the following emergency rules and regulations (Emergency Regulation): 1. Because applicants are unable to test and receive a passing certificate for the current International Building Code (“IBC”) adopted by the City of Fort Collins (2018) during the current Local Emergency due to closure of licensing examination facilities, commencing immediately and continuing through the end of the Local Emergency or such time as the locally designated testing facilities that proctor compliant IBC general licensing examinations reopen and resume testing, whichever first occurs, I authorize the City Building Official to accept satisfactory evidence that the applicant has previously passed the 2009 version of the IBC contractor licensing examination. 2. I find that this Emergency Regulation is reasonable and necessary to promote the physical and economic health, safety and welfare of the public as it will: a. Temporarily take precedence over the requirements of section 5-26, Adoption of Standards and Section 15-157, supervisor certificate; fees; examinations; renewals; which currently require, a general contractor seeking to receive or renew their license through the City to present evidence of passing the most recent version of the IBC contractor licensing examination. b. Recognize that construction continues to be considered a critical function and facilitate provision of necessary construction services to citizens of Fort Collins. c. Allow essential construction business to continue to be provided by qualified contractors during closure of the locally designated testing facilities, protecting the economic and physical security of the residents of Fort Collins.        EXHIBIT A 3. Pursuant to Section 2-671(e) of the City Code, the rules and regulations set forth herein shall be disseminated to local radio and television stations and to a newspaper having a general circulation within the City. A knowing violation of these rules and regulations shall be a misdemeanor punishable under Section 1-15 of the City Code. This Emergency Regulation shall remain in effect as expressly set forth above or until superseded, rescinded or extended by a subsequent emergency regulation, or through the end of the Local Emergency or the reopening of the testing facilities, whichever first occurs. DATED this _____ day of April, A.D. 2020. __________________________________ Darin A. Atteberry, City Manager         City Manager’s Office 300 Laporte Avenue PO Box 580 Fort Collins, CO 80522 970.221.6505 970.224.6107 fcgov.com EMERGENCY RULES AND REGULATIONS No. 2020-14 To all persons take notice: That for the protection of life, health, safety and property as affected by reason of the COVID-19 Event, which resulted in my declaration of a “local emergency” under the authority of Chapter 2, Article IX of the Code of the City of Fort Collins, (the “City”) and which declaration of local emergency was filed with the City Clerk and with the Colorado Division of Emergency Management on March 13, 2020, and extended by City Council adoption of Resolution 2020- 030 on March 20, 2020, I have hereby established, under the authority of Sec. 2-671(a)(6)a, the following rules and regulations: 1. Commencing on May 1, 2020, and until further notice, the requirements of the Fort Collins Land Use Code that limit the operation of “seasonal overflow shelters” to the period from the beginning of November to the end of April shall not apply to the use of the property owned by the Reorganized Church of Jesus Christ of Latter Day Saints, a Missouri nonprofit corporation d/b/a Community of Christ (“Owner”) and located at 220 E. Oak Street, Fort Collins, Colorado 80524, as a temporary shelter for persons experiencing homelessness. 2. The Seasonal Overflow Shelter Operating Agreement dated November 1, 2019, between the City, the Owner, and Catholic Charities and Community Services of the Archdiocese of Denver, Inc., as required by Section 3.8.33(C)(1)(c) of the Land Use Code and related agreements may be extended by mutual agreement of the parties beyond April 30, 2020, but must terminate upon suspension of this emergency regulation. 3. Nothing in this emergency regulation shall prevent the City from utilizing such other legal mechanisms as are available to it, including, without limitation, the Fire Code, the Building Code, Chapter 20, Article I of the City Code and/or the Uniform Code for abatement of dangerous buildings in cases of emergency. Pursuant to Section 2-671(e) of the City Code, the rules and regulations set forth herein shall be disseminated to local radio and television stations and to a newspaper having a general circulation within the City. DATED this ____ day of April, A.D. 2020. __________________________________ Darin A. Atteberry, City Manager   City Manager’s Office 300 Laporte Avenue PO Box 580 Fort Collins, CO 80522 970.221.6505 970.224.6107 fcgov.com AMENDED EMERGENCY RULES AND REGULATIONS No. 2020-15A To all persons take notice: That for the protection of life, health, safety and property as affected by reason of the Novel Coronavirus 2019 (COVID-19), which resulted in my declaration of a “local emergency” under the authority of Chapter 2, Article IX of the Code of the City of Fort Collins, (the “City”) and which declaration of local emergency was filed with the City Clerk and with the Colorado Division of Emergency Management on March 13, 2020, and extended by City Council adoption of Resolution 2020-030 on March 20, 2020, I have hereby established, under the authority of Sec. 2-671(a)(6)a, the following rules and regulations: 1. Purpose, Effective Area. This Emergency Regulation is being issued to limit the health impacts of COVID-19. This Regulation sets forth requirements for the public to utilize face coverings inside of public places, to slow the spread of the COVID-19 virus. This Order is effective within the entirety of the territory of the City of Fort Collins, Colorado. 2. Effective Date and Time, Limitations. The Emergency Regulation will become effective upon approval by the City Council of the City of Fort Collins and will remain in effect until May 30, 2020. 3. Definitions. a. Face Covering shall mean a uniform piece of material that securely covers a person’s nose and mouth and remains affixed in place without the use of one’s hands. Face Coverings include, but are not limited to, bandanas, medical masks, cloth masks and gaiters. 4. Face Coverings required. All persons shall wear Face Coverings when entering and while inside: a. Any enclosed area, including retail and commercial businesses or on-site service providers, to which the public is invited or in which workers, including volunteers, from more than one household are present; b. Any City of Fort Collins building or indoor City facility; c. Any public transportation, including City Transfort buses and bus shelters; d. Any other public indoor place where persons are unable to maintain safe social distancing (six or more feet separation) from others not of their own household; or Rules and Regulations May 1, 2020 Page 2 of 3 e. Any outdoor seating or patio area of a place that falls within Section 4(a). 5. Face Coverings for workers. All employers shall require, and make reasonable efforts to provide, Face Coverings to employees, volunteers and other workers in their places of employment that fall within the scope of Section 4 of this Regulation. 6. Exceptions. Nothing herein shall require the wearing of face coverings by the following persons or on the following properties: a) Persons under the age of ten years or children within a childcare facility; b) Persons for whom a face covering would cause impairment due to an existing health condition and who present a doctor’s note to that effect; c) Persons working in a professional office or other workspace who do not have any face- to-face interactions with or share workspace with other persons; d) If the person is undergoing a medical or dental procedure that requires access to the person’s mouth or nose; and e) Property owned or operated by the federal, state or county governments. f) Persons who are customers of banks, financial institutions, and pawn shops, however, employees of these places must still wear face coverings. 7. General Information for all Persons. Pursuant to federal Centers for Disease Control guidance, the public is strongly encouraged to wear cloth Face Coverings that: • Fit snugly but comfortably against the side of the face; • Are secured with ties or ear loops; • Include multiple layers of fabric; • Allow for breathing without restriction; and • Are able to be laundered and machine dried without damage or change to shape. Information on making such masks can be found at: https://www.cdc.gov/coronavirus/2019- ncov/prevent-getting-sick/diy-cloth-face-coverings.html THE PUBLIC IS DISCOURAGED FROM ATTEMPTING TO ACQUIRE HEALTH CARE AND INDUSTRIAL FACE COVERINGS THAT ARE NECESSARY TO PROTECT HEALTH CARE WORKERS DURING THE COVID-19 PANDEMIC. These actions will limit the cascading impacts on critical services by limiting spread of COVID- 19. This Regulation and actions will help hospitals, first responders, and other healthcare services continue to provide services for those who need them (along with utilities, human services, and businesses) in the coming weeks and months. Collective action can save lives and is in support of the most vulnerable in our community. 8. Most Restrictive Standard Controls. To the extent any State and/or Federal orders or laws are more restrictive than what is set forth herein, such orders control. Rules and Regulations May 1, 2020 Page 3 of 3 9. Signage Required. Any property that is subject to Section (4) of this emergency rule must display signage in a prominent area of the property that informs members of the public in both the English and Spanish languages about the requirement to wear Face Coverings while entering and within the property. Sample signage can be found at www.fcgov.com/coronavirus. 10. Enforcement Process. Any person with operational control of a property or area covered by this Regulation may notify any person entering that property or area of the requirement to wear a Face Covering and, if the person does not comply with the Face Covering request, such person must leave the property or area that requires a Face Covering. 11. Penalties. Any person who, after being asked to wear a Face Covering, or to leave the property, continues to remain in the area or on the property requiring a Face Covering without wearing a Face Covering, shall be guilty of a civil infraction pursuant to Section 1-15(f) of the City Code. 12. Reporting Violations. Members of the public can report suspected violations of this emergency rule at www.fcgov.com/accessfortcollins or by calling (970)-416-2200. Please do not call 911 to report violations of this emergency rule. 13. Dissemination. Pursuant to Section 2-671(e) of the City Code, the rules and regulations set forth herein shall be disseminated to local radio and television stations and to a newspaper having a general circulation within the City. DATED this 5th day of May, A.D. 2020. This regulation was approved by Council with the adoption of Emergency Ordinance No. 070, 2020, on May 5, 2020.             EXHIBIT B