HomeMy WebLinkAbout2017 Ordinance No. 039ORDINANCE NO. 39_
SERIES OF 2017
BY AUTHORITY
COUNCIL BILL NO. 39
INTRODUCED BY COUNCIL
MEMBER YATES
AN ORDINANCE CONCERNING THE AMENDMENT OF TITLE 8, CHAPTER
2, ARTICLE J, OF THE ENGLEWOOD MUNICIPAL CODE, IN
CONNECTION WITH ADOPTION OF THE INTERNATIONAL EXISTING
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 Existing 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 Existing 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 Existing Building Code, 2015 Edition, as the
Existing 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 Existing Building Code, 2015
Edition, as the Existing 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 J shall be amended as follows:
8-2J-1: COPE APOPIEP:
There is hereby adopted, by reference thereto, the International Existing Building Code 201 s
Edition. in its entirety including errata updates, published as part of the Code, by the
International Code Council, Inc •• 4051 West Flossmoor Road, Country Club Hills, Illinois
60478-5795, subiect to the exceptions. modifications and amendments set forth in Section
a-2A-2 of this Article. The City Clerk shall maintain a copy of the Code and errata updates
which wm be available for inspection during regular business hours.
8-2J-2: SPECIFIC MODIFICATIONS JO ADOPTED CODE:
The following specific changes, modifications and amendments are hereby made to the
provisions of the International Existing Building Code 201 s, hereinaboye adopted:
A.. CHAPTER 1. ADMINISTRATION,
1.. 101,1 Title, (Insert the following)
These regulations shall be known as the Existing Building Code of the City of
Englewood. hereinafter referred to as '1bis Caden,
2.... 108.2 Schedule of Permit Fees, (Add the following)
Refer to Section 109,2 of the amended Building Code of the City of Englewood
for requirements of this Section.
a 108,6 Refunds. (Delete in its entirety and substitute the following)
Refer to Section 109.6 of the amended Building Code of the City of Englewood
for requirements of this Section.
~ 113.4 Yiolatjon Penalties. (Delete in its entirety and substitute the
following)
Refer to Section 8-1-1 a of the Englewood Municipal Code for the requirements
of this Section.
5.. 109 Board of Appeals, (Delete in its entirety and substitute the following)
Refer to Section 8-1-7 of the Englewood Municipal Code for the requirements
of this Section
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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 preseivation 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.
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. 39, 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.
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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. 39, Series of 2017.
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