HomeMy WebLinkAbout1983 Ordinance No. 049ORD !NI\NCE NO. 4 9
SER I ES OF 198_2 __
BY AUTHOR! TY
CXJUNC IL BILL NO . 15
INTRODU CID BY CXJU NC IL
MEM3ER NEAL
AN ORD INI\NCE AOO !i'(; SEX:TION 22 .4E TO THE COMPREUENS IVE zoo rr,i:;
ORDINI\NCE OF 1963 , AS AMENDED, REGULAT J i,t; 'l'HE CllNVERS ION OF
IMPl10VID REAL PROPERT Y TO CO NOOMINIUM.5.
WHEREAS , the convers i on of an apa rtment t o cond aninium
owne r shi p has long-te an impa cts on the hea lth , safety , and we lfa r e
of the comnuni ty ; a nd
WHE REAS , the di slocat i on of popu l at i on wi thout sufficie nt
reg ulat i on causes signifi ca nt d if f iculty in re l ocat ion ; and
WHEREAS , apar tments converted t o condom in i uns wi thout proper
i nspect i on, engi neering and construct i on can bec(Xn e fire and safe t y
hazar ds ; and
WHEREAS , it is recessa r y t o r eg ulate the conv ()r s ion of
apartments to condanin ium s ;
NOi,, TiiEREFORE , OE IT ORDAINED BY TH E CITY CXJUNC IL OF TH E CITY
OF ruGLEWOOO, COLORAOO :
Sect i on 1. The r e i s added to the Com pr e he nsi ve r.o n ing Ordi nance
of 196 3 , as amen ued , new Sect ion 22 .4E t o r ead as fo llows :
22 .4 E CONDOMINIUM CONVERSION ORD I NANCE
The conversion of a mul ti -unit dwell i ng to condani ni um
owne rship may cause the dislocation of pe rsons who find it
necessary to re nt r ather tha n own thei r residence and who may f i nd
it d i fficult to f i nd compa r a b l e li v ing qu a rters wi th in t he
COOlll un ity on short notice . In addition , all of the mul t i-uni t
dwe lling build ings in the City of Engle wood are ,rore than 10 yea r s
old and may have fire and safety hazards whi ch c nnot be dete anined
withe• t proper inspection a nd should be corrected befor~ the
owne rsh ip of i ndiv idual units and the multi-ownersh ip o f comnon
areas occurs . Sim ila rly , conmer cial and i ndustria l bui ld ings c an
be d i v i ded a nd the individual un its sold fo r uses othe r than t hose
or iginally intended at the time of construction , and IT'Od ifications
may be necessary i( the b uilding i s t o be conv e rted .
The adeq uacy o( off-st r eet pa rking , utility service , and a ny
fire and safety hazar ds shou ld be determined before the division of
any multi -uni t dwe l ling , apa rtme nt , conme rci a l or in dust ria l
building into severa l units in order th at the persons purchasing
the uni ts c n ' assured that the unit p..lrchased and the cc:mnon
area in which there will be joint ownership has been proper ly
inspected and ca n be used fo r the pu r pose intended a nd that any
(ire and safety haz.irds have been corrected . ·ro this e nd , the City
of ~'nglewood finds that it i s necessa ry to r eg ulate t he conve rsion
of multi-unit dwellings conmercial a nd industri a l buildings to
condcxni niums .
a . Scope . No person , firm or corporation (herei nafte r
co llectively ca lled "Deve loper") sha ll convert any multi-unit
dwelling or conmercial or indust ri al bu ilding into a condaninium
without canplying wi th each of the applicable r equirements of th is
ordi nance , in addition to a ll other re l evant l aws and ordinances.
b. Purpose . '!'he E>Jrpose of the Condaninium Convers i on
Ordinanc<> i s to establish reasonable life-safety requirements for
buildings "'1ich are to be divided into two or mor e ind ividual units
and converted fran the present use and/or s ingle (unitary)
ownersh ip and offered for sale as individ ual units a nd to e nact
r easonable rules and r egulations that will provide a developer with
procedures to follow in filing a condaninium conversion application
with th1= Ci ty,
c. Application . I n making applicat ion for the condaninium
conversion, developer sha ll:
(1) File an application with the Director of Canmunity
Developnent on a form provided by that Department .
(2) Pay an applicat ion fee of $50 foe each unit in the
bui l di ng which can be sold as a condaninium .
(3) Su t:mi t a letter signed by a licensed structura l
engi neer or l icensed a rch itect certifying that the building to be
converted meets the life safety requireme nts set forth in Section
22 .4Eg, or cer tifying that the building can be brought into
canpliance and ide ntifyi ng those modifications tha t must be made in
order to comply .
(4) Su t:mit written certif i cation by the Director of
Ut ilities that the ser v ice t o the building will canply with the
wate r and sewer code of regulations in existence at the time of the
application .
d . Tena nt Protection . Developer must give to the t e nants
occupying a multi-unit dwell i ng which is to be conve rted to a
condominium:
(1) Notification of a n in tent to convert the tena nts '
dwelling to a condcxni nium.
(2) Written notice to vacate the dwelling within one
hu ndred twenty (120) days , or to the expiration of each tenant 's
l ea se , whichev e r is greate r , unless this time periOO :s extended by
developer .
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(3) An option to p.,rchase the condaninium .
e . Warranty of Coomon Ar eas . Developer or owner sha ll give
to the p.,rchaser of a condan i n ium a wa r ranty deed , wh e r e app li -
cabl e , to the CDl111l0n a r eas whi ch include but are not limited t o the
following :
(1) l a undr y roan ;
(2) toiler/mechanical roan ;
( 3) l andscaped areas ;
(4) fences ;
(5) o ff -str eet parking ar.eas ;
(6) recreat ional areas ;
(7 ) storage a reas ;
(8) hallways and sta irways .
f. Of f -Street Par king . Deve loper or 0.,ie r shall canply with
the minimum off-street parking provisions of the canpr ehens i ve
Zoning Ordinance , Ordi na nce No . 26 , Seri es of 1963 , as amended .
g . Life Safety Requiranents . To es t a blish r easonable
life sa fety requirements for b uildings being conv e rte<l t o and
offered for sale as condaninium units , the developer sha ll comply
with the followi ng requiranents :
(1) Exits .
(a) Number of Exits . Every floor a bove the first
story used fo r huma n occ upa ncy sha ll have access t o at
least two separate ex i ts , one of which may b:! an exte r ior
fi r e escape comp l yi ng with Subsection (d) of this section .
Subject to approval of the City , an a pproved l adder dev ice
may te used in lieu of a fire escape when the construction
feature or location of the building on the property mak e
the insta llation of a fire escape im practica ble .
EXCEl?l'ION : In all occupancies , second stores wi th an
occupant load of 10 or less may have one exit.
An •-:xit ladder device , when used in li e u 1..,~ J f ' re escape ,
slia .. l conform with the appropriate U.B.C. Stdndard and the
following :
(1) Ser ves an occupAnt load o t 10 M l~ss or a
single dwelling unit or roan .
(2) The build1ng does not exceed three stories
in height.
(3) The access is adjace nt to an opening as
speci fied for anergency egress or r esc ue f ran a
balcony .
(4) Shall not pass in fron t of any building
opening below the unit being served .
(5) The ava i, bility of activat ing the device
for the l a dde r i s accessible only fran the
opening or balcony served .
(5) Th e avai l ability of activating the dev i ce
for the l adde r is accessibl e only fran the
openi ng or balcony served .
(6 ) So insta lled that it will not cause a person
usi ng it to be-within 6 feet of a ny e xposed
e lectrical wiring .
(b) Stai r Construction . All requi red sta irs shall ha ve a
miniml.lTI ru n of 9 inches and a maximun rise o f 8 inches and
shall have a minimll11 width of 30 inches , exclusive of
handra ils . Ever y stairway shall have at least one hand-
ra il. A land ing having a minimll11 30 -inch run in the
direction o f tra vel sha ll be provided at each poi nt of
access to th e sta irway.
EXCEPTION: Fire escapes as provided for in this section .
Ext e r i or sha ll be noncanbustibl co r.struction .
EXCEE'rION : On build i ngs of Types III, IV a nd V (a s
defined i n the Uniform Build i ng Cod e), prov ided the
ex terior stai rs are construc t ed of w<X>d no t l ess than
2-inch nomi nal thickness .
(c) Co r ridor s . Co rridor s of Group A, B, E, and H
Occupancies ,....s defined i n the Uniform Building Code)
serving as an e xit for an occupant toad of 30 or more
sha ll ha ve walls and cei lings of not l ess than one-hour
fi r e resist ive construction as required by the Building
Code . Exi sting walls surfaced with wood l ath and plaster
in good condition or one-half inch gyps um wa llboa r d or
openings with fixed wired glass set in steel frames a r e
permitted fo r corridor walls and cei ling s a nd occupanc y
separations when app roved . Doo r s openi ng into such
corridors sha ll be protected by 20 -mi nute fire assembl ies
or sol id woorl doors no t less than 1-3/4 inches thick .
\</he r e ex isting frame will not accommod a t e the 1-3/4 inch
thick door , a 1-3/8 inch thick sol id bonded wood core door
or eq uivalent in sulated steel door sha ll be permitted .
Doors shall be self-closing or a utanatic-closing by smoke
detect ion . Trans ans and ope nings other than doo r s Eran
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corridors to roans shall canply with appropriate sections
of O,apte r 33 of the Building Cod e dea ling with corridor
openings or shall be cover ed with a minimun of 3/4-inch
plywood or 1/2-inch gypsum wa llboard or equiva l e nt
material on the roan side .
EXCEPT ION: Exi s ting corridor walls , ce ilings and opening
protect ion noc in canpliance with the a bove may be
continued w½i e n s uch buildi ng s are protected with an
a pproved autanat ic sp rinkler system throughout. Such
sprink l e r system may be suP9lied fron the danestic water
system i f it is of adequate vo lune and pressure .
(d ) Fice Escapes .
(1) Existing fire escapes w½iich i n the opinion of
the City canply with the intent of thi s sect i on may
be used as one of the required e xi ts . The l ocation
a nd anchorage of f ire esc apes sha ll be of approved
design and construction .
(2) Fi re escapes shall canply with the following :
Access fran a corridor shall not be through a n
intervening roan .
All open ing s within 10 feet sha ll be protected by
th r e e-fourth hour fire assemblies . Whe n loca ted
withi n a recess o r ves tibule , adjacent e nc l osure
wa lls shall be of not l e ss tha n one -hour fi r e -
res is~ive construction .
Eg r ess Eran the bui l d ing shall be by a clea r open ing
hav i ng a minimum d i mens i on of not l ess than 29
inches. Such openings sha ll be openable fran the
ins 1de wi thou~ the use of a ke,y or specia l knowledge
or effor t . The sill of an opening g i ving access
sha ll be not mor e than 30 inches above the floor of
the buildi ng or balcony .
Fire escape stairways and balconies shall support th e
dead load plus a 1 i ve load of not less than 100
pounds per squar e foot and sha 11 be provided with a
top a nd intermedi ate handrai l on each side . The
pitch of the sta i n,ay sha 11 not exceed 60 deg r ees
w1 th a minimum ·;idth of 18 inches . Tread s shall be
not less than 4 inches in width and the ri se between
treads sha ll not exceed 10 inches . All sta ir and
balcony r ai lings shall support a horizontal force of
not less than 50 po11nds ;,er lineal [oot of rai ling .
Balcon ies shall be not less tha n 44 i nc hes i n wi dth
with no floor opening other tha n the sta irway opening
great er tha n 5/8 i nc h i n width. Sta irway open i ngs in
such balconies s ha ll be not l ess than 22 inches by 44
i nches . 'l'1e balustrade of each balcony shall be not
l ess than 36 i nches high with not rrore than 9 inches
between baluste.:s .
Fire escapes sha ll e:<tend to the roof or provide an
approved gooseneck ladder bet ween the top floor
l a nding and the roof vtlen serving build ings fou r or
rrore stori es in height hav ing roofs with l ess than
4: 12 slope . Fire escape ladders shall be des igned
a nd connected to the build ing t o wi thstand a
horizon tal fo r ce of 100 po unds per lineal foot ; each
rung sha 11 support a concentr ated load of 500 pounds
placed an ywh ere on the rung . All l adder s shall t,a at
l east 15 inches wid e , located with in 12 i nches ,,t the
building and sha ll be placed flatwise r ela t ive tc •.he
fac., of the building . Ladd e r rungs sha ll be .i/4 inch
ir, diameter and shall be l ocat ed 12 inches on cente r .
OpeninCJs (or roof access l adde r s th r ough cornices and
similar projections sha ll have mi n i mun d imensions of
30 inches by 33 inches .
The lowest balcony s hall be no t rror e than 18 feet
fr011 the ground . Fi r e escapes s hall extend to the
ground or be provided with counterba l a nced stairs
reaching t o the ground.
Fi re escapes sha 11 not take the place of stairways
required by the codes under which the bui lding was
constructed .
Fire escapes shall be kept clear and unobstructed at
all times and maintained in good working order .
(e) Exit and Fire Escape Signs . Exit s igns shall be
provided as requ ired by the Building Code .
EXCE P'r!Ol l: The use of existing exit signs may be
continued vtlen approved by the City .
All doors or windows providing access to a fire escape
s hall be provided with fire escape signs .
(2) Enclosure of Ve rtical Sh af ts .
Interior vertical snaft~, in cluding but not limited to
stairways , elevators hoistways , service and ut ili ty shafts , shall
be enclosed by a minim1..1r. of one -hour (ire-res i stivew construction .
All openings into su~~ shaf t s shall be protected with one-hour fire
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assemblies "'1ich shall be maintained self-clos ing or be autanatic-
closing by snoke detection . All other opening s sha ll be fire
protected in an approved ma nner . Ex isting fus ible -link-type
autanatic door -closing devices may be permitted if the fusible link
rating does oot exceed 135 deg rees F .
A stairway in an ex it enclosure sha ll not continue below
the g r ade level exit unless an approved barrier is maintained at
the ground-floor level to prevent persons fr011 accidentally
continuing into the basenent .
EXCEl?l'!ONS: l. In othe r tha n Group 1 Occupanc ies , an e nclosure
will no t be r equired for open i ngs serving only one ad j acent floor .
2 . Sta irways need not be e nclosed in a continuous
vert ical s haft if each stor y is separated fran olhe r stories by
r a-hour fire -res istive construction or approved wired glass set in
,1 f r ames . ln addi t ion , all e xit corrid ors shall be spri nkle r ed
an,, th<> upenings between the corridor and occupa nt s pac e have at
·teast on-= sprinkler head above th e openings on the tena nt side .
1':I•; >?,ink ler system may be suppli ed fran the domes tic wa t e r supply
i E o E adequate vo l une and pre ssure .
3. Ve rtical openings need not be protected if the
building i s protected by an a pp roved autanat i c sprinkle r system .
(3) Ba semen t Acc<'s> " Sp rinkle r Protec tion .
An a pp r , ., , .;,i: ·.1a •. ic sprinkler syst em s ha ll be provided
in ba sement s or sto~ ,es Jxc~ing 1500 squ a r e feet in area and not
having a minimLrn o f 20 5qu a re f€e t of opening entire ly above the
adjoining ground le ve l in each 50 linea l fee t or fr act ion thereof
of exte rior wa ll on a t l east on e s i de of the building . ~nings
shall ha ve a minimllll c l ea r d i mension o f 30 inches .
If any po r tion of a basement is located mor e tha n 75 feet
from required openi ngs , the basement shall be provided with a n
a pproved au tanat i c sprinkl e r sys tem t h roughout.
(4) Standp i pes .
i\ny b ui ldi ngs over ~ou r stores i n he i ght shall be
prov ided wi t h a n approved Class 1 or Class Il l standpipe system .
(5) Sepa r a t i on of Occupancies .
Occupancy separat i ons sha ll be provided as spec ified in
t he Build ing Code . wh en appr oved by the Ch i ef, existing wood lath
a nd plaster i n good cond i tion or 1/2-inch gypsum wa llboa r d ma y be
accept able wh ere on e -hour occupa nc y separations are requ ired .
(6) Illunination of Means of El:Jress .
!lluninat ion of means of egress shall be provided in
accordance with the Building Code. Emergency lighting facilities
for mea ns of eg r ess shall be provided for every building over
one s tory in height . All energency lighting systems sha ll be so
a rranged as to provide illunination a utanatica lly in the even t of
a ny interruption of normal lighting and shall be ei ther
con tinuously in ope-r ation or capa ble oi repeated au tanatic
oper at i on without ll\c.'1<1 a l i ntervention . All lighting systems sha ll
conform to the requiremrnts of the National Electrical Code as
adopted by the City .
(7 I Snoke Detectors .
Eve r y dwelling unit and every guest roan used for
s l eeping p.,rposes shall be provided with smoke chtector s installed
in accorda nce with the Uni form Building Cod e .
(8 ) Sprinkler Protect i on .
In buildi ng s exceed ing fo ur stores i n height a n approved
autanatic sprinkler system shall be insta lled in a ll corridors a nd
ex it stairwells . A single sprinkler head shall be provided
opposite the center of anJ ins ide a ny door opening onto a corridor
or exi t sta irwell. Sprinkler system i nsta llat ions sha ll meet the
requireme nts of the Build ing Code.
(9) Fi r e Alann System.
Approved fire a la rms shall be provided fo r all Group E
Occ upancies wi th an occ upant l oad o f more than 50 per sons . In
ever y Group E Occupancy provided with an a utonat i c spri nkler or
de tection system , the operat i on c ·· such system shall autanat ica lly
act ivate the fir e al arm systen , which shall include rm a lann
mou nted on the exterior of the build i ng .
An approved fi re alarm syste!'l shall be i nstalled in Gro up
H, Di vi!::i ion 2, Occ upanc i e s used for the manu factu ring of organic
coati ngs as specified i n the Uni fonn Fi r e Cod .
(1 0 I El evators.
Each elevator l obby or area sha ll be provided wi th a n
approved snoke detecto r loca ted on the lobby ceiling or area . Whe n
the de t ector is activated , e levator do o r s shall not OF ,n and a ll
c a r s se r v ing tha t lobby a r e to return to the main floo r and be
under manual control only . I f the mai n floor detectoc or a
transfe r floor de tector is act i vated , all ca rs s e rving the mair.
fl oo c or tcansfec floo r sha ll return to a locat ion approved by the
Fi re Dep a r tment and Chief Bu ildi ng I nspecto c a nd be under ma nu a l
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control only . The snoke detector is to operate before optical
density reaches 0 .03 per foot .
(11) Security Systems .
Se-::urity systems restrict ing access to a building are
permitted provided that:
(a) It does no t restrict anergency exiting f ran the
building ; (b) A s u itable means of access is prov ided fot and
pproved by the Fire Depa rtment.
( 12) Mechanica l Sy~tems .
(a) Exis ting Insta llations . Mecha ni cal systems
lawfully in existence at the time of installation may have their
use ,maintenance or repair continued if the use , maintenance or
repair is in accordance with the cc iginal design and locat ion and
no hazard to life , health or property has been created by such
mech anical system .
(b) t'aintenance . All mecha nical systems , materials and
appu rtenances , both existing and new , and all parts thereof shall
be maintained in proper operat ing condition in accordance with the
or iginal design and in a safe and hazard-free condition . All
devices or safeguards l>A1ich are requ ired shall be maintained in
conformance with the code unde r whi ch installed .
(13) Plunbing Systems .
(a) Exir,ting Installations. Pllffl>ing systems lawfull y
in existence at the time of installation may have the ir use ,
maintenance or rep.;lit continued i~ the us e , maintenance or repair
i s in accordance with the origi nal design and loca tion and no
hazard to life , hea lth or property has been created by such
p l UTibi ng system .
(b) t-<aintena nce . All plUTibing systems , materials and
appur tenances , both e xisting and new , and all parts thereof shall
be maintained in proper oper ating condition in accordance with the
original design and in a safe and hazard-free condition . All
devices or safeguards ;.l1ich a r e required shall be maintained in
conformance with the code under which installed .
(14) Electri ca l Systems .
(al Existing Installa tions . Electri cal systems
lawfully in e xistence at the t itne of i nsta llation may have their
use, main ': nancc or repair eont .. m .. ed if the use , maintenance , or
repair is in accordance wi th the origi na l design and loca tion and
no hdzdrd Lo life, health or property has been created by such
e l ectri ca l system .
(b) Ma i ntenance . All e l ectrica l systems , mate rials and
appurtenances , both existing and new , and a ll pa rts thereof shall
be mai ntained in proper operati ng condi tion in a.:co rdance with the
original des ign and in a safe and hazard-free condi t ion. All
devices or safeguards which are requ ired s ha ll be ma inta ined in
contormance with •he code und e r which installed .
h . Alter nate Mat e ri als a nd Method s . Alternate materia l s and
met hcds may w approved by the Director of Crnrn unity Developnent
prov id 51''·h mate r .als or methods comp l y wi th the spi rit a nd
i ntPi"l1. o! this ordinance .
1. Jt li ty Ser v ice . The Deve l oper shall mak e applica tion t o
the 'li r r,c t ~r of Utilities and sha ll comply wi th the Wate r Code and
$<!,H Code regu l a tions in e xiste nce at the time of the app li cat i on .
!Ji) appeal from an adverse dec is ion by the Director of Uti litie s
wi 11 be to the Water and Sewer Board as provided by the Water Cod e
and Sewer Code .
j . Conve r sion of Co,tnerc ial and lrxlustrial Buildings to
Cond ominiums . This ordi nance sha ll a lso a pp' 1 to the conv e rsion of
courne rci a l or industria l bu ildings by a developer and the devel oper
must comp ly with a ll appli cabl e prov i si ons of thi s or dina nce but
need not comply wi th the requirements for tena nt protect ion ,
Sect ion 22 .4Ed above .
k . Adm inist ra ti ve Pro,.:edure . \vhen tl\e information required
urxle r Section 22 .4E c has L-ee n submitted to the Depa rtment of
Crnrnuni ty Developnent , the fo llowing procedure sha 11 be
implemented :
(l) The application , together with all o( the required
docunents , sha 11 be referred t o the City departments wh ich wi 11 be
required to issue permi ts for or provide service to the buildi ng to
converted o condcmin1ums for re view and ccxnnen t. The depart-
ments may make such inspections as are necessary to determine
compliance with applicable codes .
(2) 'i'he Director of Crnrnu ni ty Developnent s ha ll issue
within thitty ',30) days from the subm i ss ion o f the com ple t ed
application , a writte:·, decis i on as to whether or not the app lica -
ion o co nvert-11'.C.~ts the requirements o( this ordinanc and is
accepted or rejected .
(3) If the application is rejected , the basis for
rejection shall be speci[ied in the Di r ector 's written dec ision .
The developer has ten (10) days from th<> receipt of the written
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decision of rejection to file a noti ce of appea l to the Board of
Adjustment and Appeals.
Section 2 . Hearing . In accordanct? with Sect ion 40 of the City
O,arter , the City Council shall hold a public hearing on this
Ordina nce before fi nal passage at 7:30 P.M . on Monday , October 3 ,
1983 .
Introduced , r ead in full, and passed on first read ing on the
6th day of September , 198 3 .
Published as a Bi 11 for an Ordinance on the 7th day of
september , 1983 ; published in part on the 14th day of September,
1983 .
Read by ti tle and passed on final reading on the 3rd day of
October , 1983.
Published by title as Ordinance No ._4_9 __ , Series of 1983 , on
the 5th day of Octobe r , 1983.
/s / Eugen e L. Otis
Eugene L. Otis , Mayor
Attest :
/s / Gary R. Hi gbee
ex off 1c10 C1 ty Clerk-Treasurer
I , Ga r y R. Hi gbee , ex officio City Clerk -Treasure r of the City
of Englewood , Colorado , her eby certify that the above and forego ing
is a true , accurate and =nplete copy of the Ordinance passed on
final reading and published by title as Ordinanc No . 49 , Series
o( 1983 . --
/s / Gary R. Hig e<'
Gary R. lligbee -