HomeMy WebLinkAbout2017 Ordinance No. 038ORDINANCE NO. 38_
SERIES OF 2017
BY AUTHORITY
COUNCIL BILL NO. 38
INTRODUCED BY COUNCIL
MEMBER YATES
AN ORDINANCE CONCERNING THE AMENDMENT OF TITLE 8, CHAPTER
2, ARTICLE A, OF THE ENGLEWOOD MUNICIPAL CODE, IN
CONNECTION WITH ADOPTION OF THE INTERNATIONAL BUILDING
CODE, 2015 EDITION, AND SUCH AMENDMENTS AS SET FORTH
HEREIN, ALL WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY,
COLORADO.
WHEREAS, the City of Englewood has adopted Uniform Building Codes, and
subsequent updates as promulgated by the publisher, as the model construction codes
for the City since 1971 ;
WHEREAS, Section 4.2 of the 2015 Intergovernmental Agreement by and between
the City of Englewood and the City of Denver regarding fire protection services provides
that "Englewood agrees within one (1) year of the Effective Date of this Agreement to
adopt the 2015 International Building and Fires Codes and to adopt any subsequent
versions of the building and fire codes within six {6) months of Denver's adoption of said
subsequent versions of said codes";
WHEREAS, Section 4.2 of the 2015 Intergovernmental Agreement by and between
the City of Englewood and the City of Denver regarding fire protection services provides
that "Englewood agrees not to adopt any laws or amendments to said codes that conflict
with or are materially inconsistent with the applicable uniform building and fire codes
without obtaining the prior, written approval of the Denver Fire Chief {which approval will
not be unreasonably withheld);
WHEREAS, the Chief Building Official for the City of Englewood has determined that
none of the proposed amendments to the International Building Code, 2015, conflict with
or are materially inconsistent with the applicable uniform building and fire codes;
WHEREAS, in the spirit of interlocal cooperation, Englewood's proposed modifications
to the Building and associated safety codes have been provided to the Denver Fire Chief;
and
WHEREAS, the Chief Building Official for the City of Englewood has thoroughly
reviewed the International Building Code 2015 and recommends adoption thereof subject
to certain exceptions, modifications and amendments as set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. Adoption of the International Building Code, 2015 Edition, as the Building
Code, with certain additions and deletions. There is hereby adopted by reference by the
City of Englewood, Colorado, for the purpose of establishing standards for the safety,
health, and public welfare, the International Building Code, 2015 Edition, as the Building
Code, as published by the International Code Council, 4051 Flossmoor Road Country
Club Hills, IL 60478, and such amendments and appendices as set forth as set forth below.
Title 8, Chapter 2, Article A shall be amended as follows:
8:2A-1: CODE ADOPTED:
There is hereby adopted. by reference thereto. the International Building Code 201 s Edition,
io its entirety ioc[uding errata updates. published as part of the Code. by the International
Code Council, lac., 4051 West Flossmoor Road. Country Club Hills, [Uinois 60478-5795.
subject to the exceptions. modifications and amendments set forth in Section B-2A-2 of this
Article, The City Clerk sha[[ maintain a copy of the Code and errata updates which wm be
available for inspection during regular business hours.
s-2A-2: SPECIFIC MODIFICATIONS JO ADOPTED CODE:
The following specific changes. modifications and amendments are hereby made to the
provisions of the International Building Code 201 s, hereinabove adopted:
CHAPTER l, ADMINISTRATION .
.L 101,1 Title, (Add the following)
These regulations sha[[ be known as the Building Code of the City of
Englewood. hereinafter referred to as '1his Code".
~ l os,2 Work Exempt from permit.
Building: (Delete sections 2 and 4 and substitute the following section 2 and 4)
~ Refer to Section 16-2-9 of the Englewood Municipal Code for Zoning Site
Plan Review requirements.
~ Refer to Section 16-2-9 for Zoning Site Piao Review requirement.
3. 109,2 Schedule of Permit Fees. (Add the following)
These fees shall be determined by the City Council and set by resolution.
~ 109,3 Building Permit Yaluatjons. (Add the following sentence)
The Chief Building Official may also utilize Building Valuation Data published in
the 1cc Building Safety Journal as a guideline to establish valuation.
~ 109.6 Fee Refunds. (Delete in its entirety and substitute the following)
The Chief Building Official may authorize refunding of any fee paid hereunder
which was erroneously paid or collected,
The Chief Building official may authorize refunding of not more than so percent
(80%) of the permit fee paid when no work has been done under a permit issued
in accordance with this Code,
2
The Chief Building Official may authorize not more than so percent (80%} of the
plan review fee paid when an application for a permit for which a plan review fee
has been paid is withdrawn or canceled before any plan reviewing is done.
The Chief Building Official shall not authorize refunding of any fee paid except
on written application filed by the original permjttee not later than 1 ao days after
the date of the fee payment.
.6.. 110.7 Rejnspectjons. (Add the following new section)
A reinspectioo fee may be assessed for each inspection or reinspectioo when
such portion of work for which inspection is called is not complete; the corrections
called for are not made; the inspection record card is not posted or otherwise
available on the work site; the approved plans are not readily available to the
inspector; no access is provided to the site or for deviating from plans requiring
approval of the chief building official.
Jo obtain a ceiospection. the applicant shall file an application therefore io writing
on a form furnished for that purposed and pay the ceiospection fee in accordance
with Table 1.
In instances where reinspectjon fees have been assessed. no additional
inspections of the work will be performed until the ceiospection fees have been
~
L 111.3.1 Temporary Occupancy Fee. (Add the following new section)
The fee for a Temporary Certificate of Occupancy is as set forth io Section
l 09.2 of this Chapter.
~ 113 Board of Appeals. (Delete in its entirety and substitute the following)
Refer to Section 6-l-Z of the Englewood Mun icipal Code for the requirements
of this section,
.9.. 1608.2 Ground Snow Loads. (Add the following sentence to the end of this section)
Ground snow load as determined by Case Study shall be 30 lb/sq ft.
10. 1612.3 Establishment of Flood Hazard Areas. (Insert the following)
To establish flood hazard areas, the applicable governing authority shall adopt a
flood hazard map and supporting data. The flood hazard map shall include, at a
minimum areas of special flood hazard as identified by the Federal Emergency
Management Agency in an engineering report entitled ''The Flood Insurance
Study for City of Englewood, dated November 1, 201 o, as amended or revised
with the accompanying Flood Insurance Rate Map (FIRM) and Flood Boundary
and Floodway Map (FBFM) and related supporting data along with any revisions
thereto. The adopted flood hazard map and supporting data are hereby adopted
by reference and declared to be part of this Section.
11... 2111.1.1 Fireplace Restrictions. (Add the following new section)
fireplaces shall comply with Sections 1 s-1-11 and 1 s-1-12 of the Englewood
Municipal Code.
CHAPTER 35 -REFERENCED STANDARDS. (Delete 200a and substitute 2011)
3
.L Al e.1 2008 2011 Satetv Standard for Platform Lifts and Stairway
Chairlifts.
Section 2. Severability. If any clause, sentence, paragraph, or part of this Ordinance
or the application thereof to any person or circumstances shall for any reason be adjudged
by a court of competent jurisdiction invalid, such judgment shall not affect, impair or
invalidate the remainder of this Ordinance or it application to other persons or
circumstances.
Section 3. Inconsistent Ordinances. All other Codes, Ordinances, or portions, thereof
inconsistent or conflicting with this Ordinance, or any portion hereof, are hereby repealed
to the extent of such inconsistency or conflict.
Section 4. Effect of repeal or modification. The repeal or modification of any provision
of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter,
modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or
criminal, which shall have been incurred under such provision, and each provision shall
be treated and held as still remaining in force for the purposes of sustaining any and all
proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty,
forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or
order which can or may be rendered, entered, or made in such actions, suits, proceedings,
or prosecutions.
Section 5. Safety Clauses. The City Council hereby finds, determines, and declares
that this Ordinance is promulgated under the general police power of the City of
Englewood, that it is promulgated for the health, safety, and welfare of the public, and that
this Ordinance is necessary for the preservation of health and safety and for the protection
of public convenience and welfare. The City Council further determines that the Ordinance
bears a rational relation to the proper legislative object sought to be obtained .
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
4
Introduced, read in full, and passed on first reading on the 19th day of June, 2017.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the
22nd day of June, 2017.
Published as a Bill for an Ordinance on the City's official website beginning on the
21st day of June, 2017 for thirty (30) days.
Read by Title and passed on final reading on the 3rd day of July, 2017.
Published by Title in the City's official newspaper as Ordinance No. 38, Series of 2017,
on the 6th day of July, 2017.
Published by title on the City's official website beginning on the 5th day of July, 2017 for
thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final passage.
ATTEST:
I, Stephanie Carlile, Acting City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a true copy of the Ordinance passed on final reading and
published by Title as Ordinance No. 38, Series of 2017.
s