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HomeMy WebLinkAbout1980 Ordinance No. 024.• • • • tA BY AUTHORITY ORDINANCE NO. 24 SERIES OF 1980 COUNCIL BILL NO. 24 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINANCE REPEALING AND REENACTING CHAPTERS 1 AND 2, OF TITLE III, '69 ENGLEWOOD MUNICIPAL CODE, ENTITLED, "BUILDING REGULATIONS," AND ADOPTING BY REFERENCE THE UNIFORM BUILDING CODE, 1979 EDITION, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Chapter 1, Title III, of the '69 E.M.C. is hereby repealed and reenacted to read as follows: 3-1-1: TITLE III BUILDING REGULATIONS CHAPTER 1 BUILDING CODE AND ADMINISTRATION TITLE AND PURPOSE This title shall be referred to and known as the "Building Code of the City of Englewood" and is enacted to provide minimum standards to safeguard life and limb and promote the public health, welfare and safety of the citizens of the City of Englewood, and of the public generally, by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings, structures and utilities within the City and certain equipment specifically regulated herein. 3-1-2: SCOPE The Building Code shall extend to and govern the following: (a) Construction, additions, alteration, repair, demolition, removal, moving, occupancy and maintenance of any building, struc- ture of utility hereafter erected, including excavation for such buildings or structures. (b) Alteration, addition, repair, demolition, removal, moving, change of occupancy and maintenance of any existing building, structure or utility heretofore erected . 3-1-3: APPLICATION TO EXISTING BUILDINGS (a) General. Buildings and structures to which additions, • • • alterations or repairs are made shall comply with all the requirements of this code for new facilities except as specifi- cally provided in this section. See Section 1210 for provisions requiring installation of smoke detectors in existing Group R, Division 3 Occupancies. (b) Additions, Alterations or Repairs. Additions, altera- tions or repairs may be made to any building or structure with- out requiring the existing building or structure to comply with all the requirements of this code provided the addition, altera- tion or repair conforms to that required for a new building or structure. Additions, alterations or repairs shall not cause an existing building or structure to become unsafe or overloaded. Any building so altered, which involves a change in use or occupancy, shall not exceed the height, number of stories .. and area specified for new buildings. (c) Alterations or repairs to an existing building or structure which are nonstructural and do not adversely affect any structural member or any part of the building or structure having required fire resistance may be made with the same materials of which the building or structure is constructed~ EXCEPTION: The installation or replacement of glass shall be as required for new installations • (d) Nonstructural items include but are not limited to plumbing, mechanical and electrical installations. (e) Existing Occupancy. of the adoption of this code occupancy continued, if such time of the adoption of this is not dangerous to life. Buildings in existence at the time may have their existing use or use or occupancy was legal at the code, provided such continued use (f) Any change in the use or occupancy of any existing building or structure shall comply with the provisions of Sections 307 and 502 of this code. (g) Maintenance. All buildings and structures, both exist- ing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or safeguards which are required by this code shall be maintained in conformance with the code editions under which installed. The owner or his designated agent shall be responsible for the maintenance of buildings and structures. To determine compliance with this subsection, the building official may cause any structure to be reinspected. -2- • • • (h) Moved Buildings and Temporary Buildings. Buildings or structures moved into or within the jurisdiction shall comply . with the provisions of this code for new buildings or structures. (i) Temporary structures such as reviewing stands and other miscellaneous structures, sheds, canopies or fences used for the protection of the public around and in conjunction with construction work may be erected by special permit from the building official for a limited period of time. Such buildings or structures need not comply with the type of construction or fire-resistive time periods required by code. Temporary buildings or structures shall be completely removed upon the expiration of the time limit stated in the permit. (j) Historic Buildings. Repairs, alterations and additions necessary for the preservation, restoration, rehabilitation or continued use of a building or structure may be made without conformance to all the requirements of this code when authorized by the building official, provided: 3-1-4: (1) The building or structure has been designated.by official action of the legally constituted authority of this jurisdiction as having special historical or architectural significance. (2) Any unsafe conditions as described in this code are corrected. (3) The restored building or structure will be no more hazardous based on life safety, fire safety and sanitation than the existing building. ALTERNATE MATERIAL AND METHODS OF CONSTRUCTION (a) The provisions of this code are not intended to prevent the use of any material or method of construction not specifically prescribed by this code, provided any alternate has been approved and its use authorized by the building official. (b) The building official may approve any such alternate, provided he finds that the proposed design is satisfactory and complies with the provisions of this code and that the material, method or work offered is, for the purpose intended, at least equivalent of that prescribed in this code in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation. (c) The building official shall require that sufficient evi- dence or proof be submitted to substantiate any claims that may be made regarding its use. The details of any action granting approval of an alternate shall be recorded and entered in the files of the code enforcement agency. -3- • • • 3 -1-5: MODIFICATIONS Wheneve r there are practical difficulties involved in carry- ing out the provisions of this code, the building official may grant modif icat i ons for individual cases, provided he shall first find that a special individual reason makes the strict letter of thi~ code impractical and that the modification is in conformity with the sp irit and purpose of this code and that such modifica- tion does n ot lessen any fire protection requirements or any d e gree of s tructural integrity. The details of any action grant- ing modifications shall be recorded and entered in the files of the code enforcement agency. 3-1-6: TESTS (a) Whe never there is insufficient evidence of compliance with any of the provisions of this code or evidence that any material or construction does not conform to the requirements of this code, the building official may require tests as proof of compliance to be made at no expense to this jurisdiction. (b) Test me thods shall be as other recogni zed test standards. and accepted test methods for the ing official shall determine test specified by this code or·by If there are no recognized proposed alternate, the build- procedures. (c) All tests shall be made by an approved agency. Reports of such tes t shall be retained by the building official for the period requi red for the retention of public records. 3-1-7: (a) the City Building that may DUTY TO COMPLY WITH CODE It s hall be the duty of all officers and employees of of Eng l ewood to cooperate in the enforcement of the Code. Such cooperation shall include any assistance be required for the enforcement of the Building Code. (b) A variance granted b y the Board of Adjustment and Appeals shal l become null and void if the permit is not obtained and the work started within six (6) months from the date the variance is g ranted. (c) No oversight, neglect or dereliction on the part of the building inspector or any authorized assistant shall authorize violation of this code. Each day a violation is continued constitutes a separate offense. (d) The building inspector or any employee charged with the enforcement of this code, acting in good faith and without malice -4- .· • • • for the city in the discharge of his duties, shall not thereby render himse lf l i able personally and he is hereby relieved from all personal liability for any damage that may accrue to persons or property a s a result of any act required or by reason of any act or omission in the discharge of his duties. Any suit brought against the building inspector or employee because of such act or omission p erformed by him in the enforcement of any provisions of this code shall be defended by the legal department of the City until fi n a l termination of the proceedings. 3 -1-8: DEFINITIONS (a) The term "Building Code" shall mean this entire title and secondary code or codes adopted herein. (b) Whe r e the t erm "Department", "Division", "Building Department", "Building Division" is used in this title or any code in this title, this shall mean the Chief Building Inspector, or his authorized representative. 3 -1-9: CREATION OF BUILDING INSPECTION DIVISION: CHIEF BUILDING INSPECTOR (a) The re shall be and is hereby established within the Department of Cormnunity Development, a Building Inspection Division. (b) The Division shall be administered by a Chief Building Inspector appointed by the City Manager in compliance with Career Service prov i sions contained in this code and whose powers and duties are he r e i nafter defined. The Chief Building Inspector shall be a p rofessional engineer registered by the State of Colorado, a n architect licensed by the State of Colorado or superintendent of construction of not less than five (S) years' experience, or have a comparable and suitable combination of education a nd experience. (c) T he City Manager shall be empowered to appoint deputies o f the Bui lding Inspector in the event of the Inspector's absence, disability or his need for ass i stants to carry out his functions. The deputies shall be vested with such authority as the Inspector lawfully pos sesses. 3 -1-10: IDENTIFICATION Each emp loyee of this Division shall be provided by the City with an iden t i fication card be a ring a photograph of the employee and informat ion required by the Chief Building Inspector. Such ide ntification card shall also bear the authority granted herein. Such card s hall be carried by the person so identified and shall be used when necessary to properly identify himself while perform- ing his official duties. -s- • • • 3-1-11: GENERAL POWERS AND DUTIES (a) The Building Inspection Division shall administer and enforce this Building Code and all other ordinances and codes which may hereafter be assigned to the Division for enforcement and administration. There are hereby vested to the Division the duty of enforcing and administering this Building Code and all powers necessary for such enforcement. (b) Inspectors; Authority. Such inspectors, assistants and other employees as shall be required and authorized in the annual budget shall be appointed and assigned to the Division in accord- ance with the provisions of the Career Service Rules as contained in this code. Inspectors shall have such authority as the Chief Building Inspector lawfully possesses in carrying out their assigned duties. (c) Records. The Chief Building Inspector shall maintain records of applications for permits, permits issued, certificates of occupancy, inspections and investigations, applications for licenses, licenses issued, fees collected and other information that may be required. He shall make such reports to the Director of Community Development concerning the activities of the Division, violations of the Building Code and such other matters as may be required •. (c) Public Inspection of Records. General file records of the Building Division shall be open for public inspection but may not be removed. Specific investigation records on individual cases and license applications are not open tothepublic except by direction of the City Manager or order of court. (e) Authority to Inspect. The Chief Building Inspector, or his authorized representative, shall have the authority to inspect or cause to be inspected for compliance with the Building Code, all buildings, structures or utilities. (f) Investigations and Surveys. Incidental to any of these duties and powers, but without limitation of same, the Chief Building Inspector shall conduct investigations and surveys to determine compliance or noncompliance with the provisions of the Building Code and shall investigate or cause to be investigated all accidents pertaining to buildings, structures, or utilities for the purpose of ascertaining whether the requirements of ·the Building Code have been violated. (g) Right of Entry. Incidental to such inspections, investi- gations and surveys, the Chief Building Inspector may enter into and upon -and cause any land, building, structure or utility to be inspected and examined. The right to entry and inspection may -6- • • • be enforced by application to and proper orders from a court of proper jurisdiction; accordingly refusal of access constitutes contempt of court. (h) Stop Orders. Whenever any work is being performed con- trary to the provisions of this Building Code, the Chief Building Inspector may order the work stopped by notice in writing served on any persons engaged in such work and/or causing such work to be performed. The order shall be given to the owner or licensee or their agents. It shall be unlawful for any person to proceed with such work until the corrective work required to be performed by such notice is complied with within the time specified. Section 2. That Chapter 2, Title III of the '69 E.M.C. is hereby repealed and reenacted to read as follows: CHAPTER 2 3-2-1: CODE ADOPTED There is hereby adopted as the Building Code of the City of Englewood,, Colorado, by reference thereto, the Uniform Building Code, 1979 Edition, by the International Conference of Building Officials, including appendices, with the same force and effect as if the same were fully set forth herein, subject to the exceptions, modifications and amendments thereto as hereinafter set forth. 3-2-2: SPECIFIC CHANGES IN ADOPTED CODE (a) The following specific changes, modifications and amend- ments are hereby made in the provision of the Uniform Building Code, 1979 Edition, hereinabove adopted: (1) (2) (3) Delete Chapter 1. Section 204, page 26, BOARD OF APPEALS. Delete entire section. Section 30l(b), page 27, EXEMPTED WORK. Delete exemptions 1 -11. Replace with the following: a. Public Utility. A permit shall not be required of a public utility, duly franchised or author- ized as such in the City, for the repair and maintenance of the equipment and facilities used -7- . · • • • . . in the distribution of such utility which has been exempted elsewhere in this Building Code. b. Schools under jurisdiction of the Colorado Division of Safety shall be exempt. c. Temporary motion picture, television and theater stage sets and scenery. d. Cases, counters and partitions not over five (5) feet high. (4) Section 302 (.a), page 27,'APPLICATION. Add second paragraph: Authorized Applicants. Only persons, firms or corporations duly licensed under the terms and provisions of this Building Code may apply for a permit, and such licensees may apply for and be issued permits to perform only such work as they are entitled to perform under their respective licenses. Any applica- tion for a permit filed in derogation of this chapter or Building Code shall be deemed to have been filed falsely and shall be invalid notwithstanding the foregoing, and in addition thereto, the following persons shall be deemed to be authorized 'applicants: 1. Any person who owns a R-3 or M-1 building may make applica- tion for a permit to enlarge, remodel, alter, repair, improve, convert or demolish such building. Upon the issuance of a permit hereunder, all work shall be performed in accordance with all the requirements of this Building Code. 2. Any person who owns a property and wishes to construct or erect a R-3 or M-1 Occupancy building or structure on said property for his own occupancy may make application for a permit for such building or structure. Only one (1) such ownerts permit may be issued to the owner in any twelve-month period. Any owner who does not occupy said building within ninety (90) days after its construction shall be deemed a contractor and shall be required to qualify as such, including payment of all applicable fees. (S) Section 304(a), page 30, PERMIT FEES. Add the following paragraph: The City of Englewood, Arapahoe County, State of Colorado, and the United States of America shall be exempt from payment of fees. (6) Section 407, page 40, FAMILY. Delete the words "five (5) persons" and sUbstitute "four (4) persons of the same sex." -8- • • • • (7) Section 5108, page 673, PERMITS--CERTIFICATES OF INSPECTION. Delete this section. (8) Chapter 53, page 678. BUILDING CONSTRUCTION. EMERGY CONSERVATION IN NEW Delete tne entire chapter. (9) Section 2306, page 123, REDUCTION OF LIVE LOADS. Delete the following formula: R = r(A -150) Replace with the following formula: R = rA Section 3. Notice of public hearing shall be published twice, once at least fifteen (15) days preceding date of hearing and once at least eight (8) days preceding date of hearing, which notice shall state the subject matter of the Code, time and place of hearing and that copies of the foregoing Code are on file with the Clerk and open to public inspection, and the name and address of the agency by which said Code has been promulgated • Section 4 ~ Not less than three (3) copies of each Code described herein shall be certified to be true copies of said Code by the Mayor and the Clerk and filed in the office of the Clerk at least fifteen (15) days prior to public hearing and subject to public inspection at all times while said Code is in full force and effect. The Clerk shall maintain at all times reasonable copies of the Code available for purchase by the public at moderate price. Section 5. It shall be unlawful for any person, firm or corpora- tion to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish,equip, use, occupy, or maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any of the provisions of this Code. Any person, firm, or corporation violating any of the provisions of this Code, upon conviction, shall be punished by a fine of not more than Three Hundred Dollars ($300) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment. Section 6. That all ordinances and parts of ordinances of the city of Englewood in conflict or inconsistent herewith are hereby repealed ~ -9- ·- • • • Introduced, read in full and passed on first readinq on the 21st day of July, 1980. Published as a Bill for an Ordinance on the 23rd day of July, 1980 • .Read by title and passed on final readinq on thellth day of Auqust, 1980. Published by title as Ordinance No. 24 , Series of 1980, on the 13thday of Auqust, 1980. Mayor Attest: I, Gary R. Hiqbee, ex officio City Clerk-Treasurer of the City of Enqlewood, Colorado, hereby certify the above and foreqoinq is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. 24 , Series of 1980. -10-