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Home My WebLink About1990 Ordinance No. 015bCIIDINAOCE NO. 15 8 SERIES OF 199_0 _ BY Atm!ORITY 10 (a) COONCIL BILL NO. 24 mrROOUCm BY COONCIL MEMBm BUWXK AN CJU>INANCE AMENDING CIW'TER 1 OF TITLE 8 , EN.t.El~ MUNICIPAL CXDE CE' 1985 TO REFLECT SPECIFIC CJ\GANI?.ATICNAL CH/\NGE:S WITHIN THE DEPAR'IME:m' OF CX:M-IIJNITY DEVELOPMDlT AND l'IITHIN THE DMSICN OF BUILDING l\ND ~. WHEREAS, the Departr.ent of Ccmnuni ty Develq:mmt reassigned responsibility for enviravrental code enforcesrent fran the divisioo of Building and Safety to the Planning and Zoning Division; and WHEREAS, one of the Code Enforcesrent Officer positions was reassigned to Planning and Zoning and the other Code Enforcesrent Officer was left within the Division of Building and Safety to function primarily as a Fire Prevention Inspector; and WHEREAS, the duties of the Assistant Fire Marshal, who is assigned fran the Di vision of Safety Services , was also redefined in light of the creation of the position of Fire Prevention/Code Enforcemant Officer within the Division of 8uilding and Safety; and WIIEREAS, it is necessary to revise Chapter 1 of Title 8 to reflect this restructuring withi.l 1 the llepartl!ent of CaTl11Ullity DevelqJTellt and within the Division e>t Building and Safety. Nm, THEREFORE, BE IT ORDAINED BY THC CITY CXXJNCIL OF THE CITY OF ~lCOD, COLC!WlO, THAT: Section 1. SUbsections A. 4 • and A. 5 • of Section 4 , Chapter l, Title 8 of tFiei985Englewood !·hmicipal Code are repealed and SUbsection A. 6. of Section 4, Chapter l, Title 8 of the 1985 Englewood Municipal Code is hereby renunt>ered to read as follows: +. i'h<l Pm:: r,,e.enlieft -~ wilho!, ~ ~ ~ • Slip&l,ieall Ii:, an Asei-~ llaEehaJ. ~~~ llon&!e!i! k e llm,ee ll'ietll tile 6Bft!e!I! S-"'8e IINl'IH'-w aaAWJls.t HI '11¼4::le 3 of~ IHl¼aipal Geda ill .. ,._. p;riem -aiwS,.Ma,es UII ilue~Blf llefu,ed. -9'e 1iee~ ['Hoe ~~ Cj\l:w\Wei ~• aaavHi:BR ~ Bllflal=Mlflal tie ~ le,ws eGl.illl.i.uell ill ~ ~ ~ lie =:'yt,i&R fa ...hiEpodtiCIR -5.-~ Ws At &eot,i<M.ei;~~...i...,i_ Ila RMifell lo)> _..., eelle eAf s ~ ~ IIFP"iMall ~~ ~ ¼fl-•ae1=Mla1 ,Pi:~ ._ aueas ■aPdoe pR,11risime -41URBl1 YI 'l'i•le 3 ei tAi.& IUIL11if,M (:Qlia anli "-p,;iwaa. Md Miao aa;a.. J:IOP'li.Aaf:tali' Wii.Aed. -DililR-eoda Mia;:a 1; 11££i.....-ahaU lae-lf,UW,l,11'ad ~~ 11>4to;c "''I'•""-w- -l - _f.;ba l3"nlc octablichod i.A--tAa-~j-o danar'..yt.MIII aa- -M9-~ -6-. 4 . The City Manager shall be etpOWered to appoint deputies of. the C''JCI! Mninistrator in the event of the Code Aaninistratoc's absence, clisability or his need for assistants to carry out his fwictions. The deputies shall be vested with such authority as the Code Aaninistrator lawfully possesses. Section 2. SUbsections B, D and E of Section 5 Chapter 1, Title 8 of the 1985 Eng~ Municipal Municipal Code are anenaed as follows: B. The Code Aaninistrator shall manage the q,eration of the Division of Building and Safety and for purroses of official action anc'I authority shall hold the title of Chief Building Official along with the title of Fire Marshal. The Code Aaninistrator shall supezvise ':he daily activities and perfonnance of the Chief Building Inspector, Wla All&il.RaM P:i:re lm!!Mi, .... rn FIRE PREVllmCN/COOE EllFOOCE11ENl' OFFICER, AND THE PERI-UT TEX:llNICIAN, \mO shall be his imrediate subordinates. 0. 411&-~Jtl ~-JfM&Ml maU. -..-.PHe ~ W:lrj NINBRill! -ei-4'1a-FiR _'8111;a,.., -au aR4 ~--.iA -l!h& a...af PnUdiPIJ ~ THE CHIEF BUIIDING INSP!rrOR SHALL Elll.IST THE AID OF THE ASSISTl\Nl' FIRE MARSHAL in performing the duties of the Fire Marshal at such tin'es \men the COde Aaninistrator's position is vacant. E. 4'18--eetile aiEezceaaA! e!H:een !!M:Ll ....., a:P.Fk t..1. ~ieus e£ the Bl!jleuellil ,......,ipti Gelle, """"'1A- ~iells ef tile: a.,e1reell ~eheimi:.'I! 3mitl! QEIIM:llilllN• -au ~ aH ~ ~-i'He-MaNhal. ill ~ i'iN -Gede-H""1'881i&W •"-~-THE FIRE PREVml'ICN/COOE E!n:'CJRm!E!n' OFFICER SIU\LL AID THE ASSISTANT FIRE MARSHAL IN CCJIDUCTING PI.Z\ll R..."VIEW ACTIVITIES, INSPECTICtl£ :JF FIRE Pooi=ICN SYSTEI-15 AND FIRE SAFETY JNSPECTIC::S AND SHALL AID THE CITY'S CODE El'IFORCE!•!E!n' OFFICERS JN THE ENFORCE!-lENI' OF THE FllVIRCN•!Effl'AL PROVISICtlS OF THE El":iI "l·lOOD MUNICIPAL CODE. Section 3. SUbsection M, Section 5 Chapter ~ :.tle 8, is hereby repe~ lntroducr:d, read in full, arrended and passed on first reading en the 1st day May, .0.990. -2 - Published as a Bill for an Ordinance en the ~rd day of May, 1990, Read by title and passed on final reading en the 21st day of May, 1990. Published by title as Ordinance No. /§', Series of 1990, on the 24th day of May, 1990, ~y~ '7!1 -~ PatrciaH. Craw, City Cerk I, l'atricia H. Craw, City Clerk of the City of Englewood, Colora~, herebJ• .::ertify that t he foregoing is a true copy of the Ordinance passed m final reading and published by title as Or~ • .ifL, Series /?1990. ,--- ~~ #~ PatricaH. crew . -3 - CIUlI!lANCE NO. SllRIES OF 199_0_ BY Atm!ORITY A BILL FOR COU!lCIL BILL NO. 24 IN'l'ROllOCIW BY . cnn,:IL MEMBEJ!~ J\N CJID!N,'\NCE A!.£,iDIN:i OIAPTER l OF TITLE 8, ENiI.fl-aJD IUIICIPAL CCOE OF 1985 I O REFLEx:T SPJOC:IFIC c:R:.ANIZATICIW. CHANGES 1-IITHIN THE DEPAR'IMEllT OF CCHlnllff llEVELCffElT AND WITHIN THE DIVISIOO OF BUILDm; AND SAFETY. l'IIIEREAS, the Departlrent of t:amruni ty Develo,rnent reassigned responsibility for environmental code enforcerent fran the division of Building and Safety to the Planning and Zoning Division; and 1911EREAS, one of the Code Enforcerrent Officer positions was reassigned to Planning and Zoning and the other Code Enforcerent Officer was left within the Division of Building and Safety to function primarily as a Fire Prevention Inspector; and WHEREAS, the duties of the Assistant Fire Marshal, who is assigned fran the Division of Safety Services, was also redefined in light of the creation of the position of Fire Prevention/Code Enforcerrent Officer within the Division of Building and Safety; and 1·1,1EREAS, it is necessary to revise Chapter 1 of Title 8 to reflect this 1·estructilrin9 within the Department of Ccmmmity Devel,JfM!nt and within the Division of Building and Safety. !K1il, THEREFORE, EE IT ORDAIIIED BY THE CITY CXXJNCIL OF THE CITY OF ENiI.flmD, COLCIWlO, THAT : section l. Subsections A.4. ar,d A.S. of section 4, Chapter l , Title 8 of tiieI985"Englewood Municipal Code are repealed and Subsection A. 6. of Section 4, Chapter l, Title 8 of the 1985 EnglE!I-/OOd 1-!unicipal Code is hereby remmt>ered to read as follows : -4. ':J>ei:k<l_.oentiSAa-.~~~-..wA~l:oe- ~Fsi.aaa ~-~ -i'Hl>-HaEellal appaH>,ali 11!,r .-~ ~-iA--aaaa~u.Rae ~ the .aRila: ~ pwmri&iw Cilill-.a:i.AN UI 'P.i:4:le 3 ef ~~ OiNia-...... ,Nae ,:e,eas .aM, ~ uo ARrviaaft.as~. 'Iha \eaitlMI* PH-e- ~ stm+he tfd.tiilia•....,.aaaoatia ~ ~ · r1i!-4!e- ~-ie¥e¼9 eetiallHallali i.A \Ila ~ ~ clescriptim ~ hii& ~Git 1.c'IA. -ir llle-Q!Nla.. SMaGaa& s ~ .o£..tlw~ £ball .ba. e+.eHee- ~ se:r1iMR eatle 811H Rt a&RaaH ilpfGWltai:I '-'!s• .ta,'~ ~ Y.aaaa•MA•a ~..w.,......, au:riN p1VQ.siGA8 QQAta.i.RN i.A 'Pi,il.a a al -W ■ lliNceipiti-GINle •• Na• ,._.. .Md~..e-hereitmte:: 4:£:itzd. &r.!ft eet!t: E!lck.:cwww:t ~ ~ ee ...,..i,Hiell ~ et'~ ...r&,-, orie....e te- 11,e,~ eot,ei,H!!i0c;i~ 1'1!pl'9'1'1!8 :jell, ~•edpt,ia11 fer- ~~ ,+. 4. 'nle City fl.anager shall be ~red to appoint deputies of the Code Administrator in the event of the Code Adninistrator' s absence, disability or his need for assistants to carry out his functions. 'Ille deputies shall be vested with such authority as the Code Administrator lawfully possesses. Section 2. SUbsections B, ll and E of Section S Chapter 1, Title 8 of the 1985 Englewood Municipal Municipal Code are an-ended as follows: B. The Code Administrator shall manage the operation of the Division of Building and Safety and for purposes of official action and authority shall hold the title of Olief Building Official along with the title of Fire Marshal. The Code Aaninistrator shall supervise the daily activities and performance of the Chief Building Inspector, t!he A9ei8UI t -i'i!!e-of!M\9he¼, ....... 'ffiE FIRE PRE\IENTIOO/CODE ENFORCl:l·!ENl' OFFICER' AllD = PERMIT 'lIDINICll\N' who shall be his i.nrrediate subordinates. D. ...~ Ptft' MM'!!llmi 'l!hm-1 sup,,: .ix the 1'!IIHr i1111eUBM11g oE ~ l!'H!'I! P~•••nH,,.. Bm,ee,, end-slm:H:-1""9ist ,t,iie-e.ief !ltti¼tttft<J ~ 'l1lE ClilEF BUil.DING INSPECTOR SHALL ENLIST 'l1lE l\lD OF THE J\SSISTM'l' FIRE MARSIII\L in performing the duties of the Fire Ma,: shal at such tirres when the Code Administrator's position is vacant. E. ra.e: -eeae, eMM'eee!eAt ~ "'9Nl:i-¼-enreree e11.d10:1u~ pi,e,ioi .. is-ef ~ £ft!leweed •••nieipal. Geaa,-ee,;t;,aia p.e,,;i,s~aRB ef~-~ Ge&t>relieftsi,,e l!eftift!~, -M&-!MH M<i ~~ ~e lla.-9Aal HI ee11dllet¼ng FH'e -0:ido! hiSpWLitnis Offll!n ~-THE FIRE PRE\IE!lTiotl/CODE E!ll"OOffilE!lT OFFICER SHALL l\lD THE J\SSISTAllT FIRE MARSHAL IN <DIDUCTTilG PLAN REVIEW ACTIIIITIES, INSPECTIONS Of' FIRE !'ROTEx:Tiotl SYSTfl'.S !>.'ID FIRE SAFE:IY INSPECTIONS A.'ID SHALL AID TflE CITY'S CODE lll.,'FORCT.l·lm'T OFFICERS IN TilE E!lFORCIJ.iE::lT OF THE C!l\lIRON:-!El.'l'~L PROIIISIONS OF THE ENGI.rn·,lJOD /.1\J!JIC IPJ\L CODE. Section 3. Subsection H, Sect ion S Chapter 1 Title 8, is hereby repea~ee11actcd to tead us fol.lows . EI.fX:'mICAL INSPl:X:'I"OO J. Introduced, read in fullc passed on first reading on the 1st day May, 1990. Published as a Dill for an Ordinance on the 3rd day of Hay, 1990 . ~c(lv'/~ PatricaH. Crc:M, City Clerk I, Patricia H. Crow, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full.y a,:id passed on first reading on the 1st day of !-lay, 1990. tt,;,u,.,,bd. ~· /) tl., .:ti. Gu-e,,r Patricia H. Crow C u DATE May 1, 1990 INITIATm BY STAFF SOURCE ISSUE/ACTION PROPOSm COUNCIL COIIIIJNICATION AGEIIIA !TEN 12 (g) SUBJECT Revisions to Title 8, Chapter I, of the 1985 Englewood Municipal Code. Department of Community Development Walter J . Groditski, Code Administrator Revisions to certain sections of Title 8, Chapter I of the 1985 Englewood Municipal Code to reflect speci fie organizat iona 1 changes which ha•~ occurred within the Department of Community Development and within the Division of Building and Safety. PREVIOUS COUNCIL ACTION None STAFF ANALYSIS Revisions to the sections identified are necessary to reflect the organiz.~ional changes which have been implemented. BACKGROUND In 1989, the Department of Community Development reassigned responsibility for environmental code enforcement from the Division of Building and Safety to the Planning and Zoning Division . One of the Code Enforcement Officer positions was reassigned to Planning and Zoning, and the other was left within the Division of Building and Safety to function primarily as fire prevention inspector. The duties of the Assistant Fire Marshal, who is assigned from the Division of Safety Services, were also redefined in light of the creation of the position of Fire Prevention/Code Enforcement Officer within the Division of Building and Safety . The revisions to Title 8, Chapter I contained herein reflect the restructuring within the Department of Community Development outlined above . No direct f inancial implications are involved Title 8 ENGLEWOOD BUILDING AND SAFETY CODE SUBJECT Division of Building and Safety Administration Construction and Safety Codes Building Code Mechanical Code Plumbing Code Electrical Code Fire Code Dangerous Building Code Swl11'1111ng Pools Private Residential Swl11'1111ng Pools Public and Semi -Public Swl11'111ing Pools Numbering Buildings Hoving Structures Demolition of Structures CHAPTER 1 2 2A 28 2C 20 2E 2F 3 3A 3B 4 5 6 SECTION : 8-1· 1: Title and Purpose Chapter I DIVISION -OF BUILDING AND SAFETY ADMINISTRATION 8-1· 2: Duty to Comply With Code 8-1· 3: Definitions 8-1-4: Creation of Division of Build i ng and Safety 8-1-5: General Powers and Duties · 8·1· 6: Permit Fees for City Construction Work 8-1-7: Alternate Materials and Methods 8-1-8: Appeals 8-1 • 9: Un lawful Acts 8·1·10: Violations 8-1-11: Penalties 8·1·1: TITLE AND PURPOSE : This Title shall be referred to and known as the "(nglewood Building and Safety Code" and is eracted to provide mini· mum standards to safeguard 11fe a1,d limb and promote the public health, wel• fare and safety of the citizens of the City, and of the public generally, by regulating and controlling t~e design, construction, quality of materials, use and occupancy, location an •1 maintenance of all buildings, structures ar.d utilities within the City an1 cert,in equipment specifically regulated herein. (Ord . 82 Series 1985) 8·1·2: DUTY TO COMPLY WITH CODE : A. It shall be the duty of all officers and employees of the City to cooper - ate in the enforcement of the Englewood Building and Safety Code. Such cooperation shall include any assistance that may be required for the en - forcement of the Englewood Building and Safety Code . 8 . A variance granted by the Soard of Adjustm~nt and Appeals shall become null and void if r•quired permits are not obtained and work started within six (6) months from the date the varia~ce is granted. C. No oversight, neglect or dereliction on the part of the Code Administrator or any authorized assistant shall authorize violation of this Code . Each day a violation is continued co,,stitutes a separate offense . D. This Code shall not be construeo to relieve from or lessen the respon- sib·:l ity of any per so n owning, operating or controlling any building or structure for any damages to persons or property caused by defects, nor shall the code enforcement agency or its par •n t jurisdiction be held as assuming any such liability by reason of the inspections authorized by this Code or by certificates of inspection issued under this Code. (Ord . 82 Series 1985) 8·1-3 : DEFINITIONS: BUILDING OFFICIAL or CHIEF BUILDING OFFICIAL ENGLEWOOD BUILDING AND SAFETY CODE INST !TUT! ON Where these terms are used in this Title or any code in this Title, they shall mean the Code Administrator, or his representative. This entire Title and all codes adopted herein . The occupancy or use of a building or structure or any port i on thereof by persons harbored or detained to receive medical, charitable or other care or treat- ment , or by persons involuntarily detained . (Ord . 82 Series 1985) 8·1-4 : CREATION OF DIVISION OF BUILDING AND SAFETY : A. Division Established. I. There shall be and is he r eby established wi thin the Department of Co11111unity Development, a Divi si on of Building and Safety. 2. The Division shall be administered by a Code Administrator appointed by the City Manager in accordance with the career serv i ce provisions con- tained in Title 3 of this Munic i pal Code and whose powers and duties are hereinafter defined. The Code Admini strator shall be qualified by educa- tion and/or experience to the lev el s established in the approved job description for his position . 3. The Building Inspection Section of the Division shall be supervised by a Chief Building Inspector appointed by the City Manager in accordance with the career service provisions contained in Title 3 of this Municipal Code and whose pow ers and duties are hereinafter defined . The Chief Building Inspector sha 11 be qualified by education and/or experience to the levels established i n the approved job description for his position. 4 , The Fire Prevention Bureau within the 9ivision shall Ile supervised by an Assistant Fire Harshal appoiRted l!y the tity Hanager in auordanee with the eareer serviee provi<iBRS eoRtained iR Title 1 of this HuRieipal ,ode and whose pewers aRd duties are here/Rafter defined , The Ass i stant Fire Harshal shall be ~ualified l!y edueat {oR and/or experieRee to the levels estal!lishell in the apprevell job deseriptiBR for his positiBR , S , The ,,,e Enferee/flent Seetisn ef the 9ivisisn shall Ile staffed l!y eer- tain eelle enferte/fle11t effieers apps i nted l!y the ,1ty Ha.ager in aeeerdanee with the ureer serviee previs i sns eentained in Title 3 ef this Hunieipal ,,,e and whese ,ew1 ·rs and llut i es are hereinafter lle fi nell , Eaeh eelle en- fsreelflent effieer shall be ~ualified by edueatieR and/or experienee te the levels estalllishell in the approvell job lleser i ptien fer his pesit i on , •• 4 . The City Manager s~a 11 be emp~wered to appo i nt deputies of the Code Admini strator in the ever,t of the Code Administrator's absence, disability or his need for assistants to carry out his functions . The deputies shall be vested with such authority as the Code Admin is trator lawfully possesses . · e. Identification of Division Employees. Each employee of this Division shall be provided by the City with an identification cai·d bearing a photo• graph of the employee and information required by the Code Administrator. Such identification card shall a 1 so bear the authority granted herein , Such card shall be carried by the person so identified and shall be used when necessary to properly identify himself while performing his official duties . (Ord. 82 Series 1985) 8-1-5: GENERAL POWERS AND OUT! ES: A. The Division of Building and Safety shall administer and enforce the En- glewood Building ~nd Safety Code and all other ordinances and codes which may hereafter be assigned to the Uivision for enforcement and administra- tion . There are hereby vested to the Division the duties of enforcing and administering the Englewood Building and Safety Code and all powers neces- sary for such enforcement. 8. The Code Administrator shall manage the operation of the Division of Building and Safety and for purposes of official action and authority shall hold the title of Chief Building Official along with the title of Fire Marshal. The Code Administrator shall supervise the daily activities and performance of the Chief Building Inspector, the Assistant Fire Har- sltal, mi t~e Fire Prevention/Code Enforcement Officer, ANO THE PERMIT TECHNICIAN, who shall be his invnediate subordinates .. C. The Chief Building Inspector shall supervise the daily functioning of the building inspection staff of the Divis i on and shall assume the duties of the Code Administrator at times when that position is vacant. D. The Assistant Fire Harshal shall S~flervise the daily f~netiening ef the Fire Preventien B~rea~ anti shall assist the •hief B~lltllng lnspeeter THE CHIEF BUILDING INSPECTOR SHALL ENLIST THE AID OF THE ASSISTANT FIRE MAR- SHAL in performing the duties of the Fire Marshal at such times when the Code Administrator's position is vacant . E. Tlte eetle enfsree,.ent effleers shall eaferee env/ren,.ental prsvislens sf tlte Englewsetl H~nleipal fetle, eerta/n prevlslens sf the Engleweetl ,em- prehensive leninf 9rtlinanee 1 anti shall aid the Assistant Fire Harshal in eentl~eting >Ire •etle lnspeetiens when neeessary, THE FIRE PREVENTION/CODE ENFORCEMENl OFFICER SHALL AID THE ASSISTANT FIRE MARSHAL IN CONDUCTING PLAN REVIEW ACTIVITIES, INSPECTIONS OF FIRE PROTECTION SYSTEMS AND FIRE SAFETY INSPECTIONS AND SHALL AID THE ·c!TY'S CODE ENFORCEMENT OFFICERS IN THE ENFORCEMENT OF THE ENVIRONMENTAL PROVISIONS OF THE ENGLEWOOD MUNICIPAL CODE. F. Such i nspectors, techn i clans , assistants and other employees as sha 11 be required and authorized in the annual bu dget shall be appointed and assig- ned to the Division in accordance with the provisions of the career ser- vices rules as contained in Title 3 of this Municipal Code . Inspectors shall have such authority as the Code Administrator lawfully possesses in carrying out their assigned duties . G. Records . The Code Administrator shall m~intain records of applications for permits, permits issued, cert 1ficates 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 Co11111unlty Development and the Fire Chief concerning the activities of the Division , violations of the Englewood Building and Safe- ty Code, and such other matters as may be required. H. Public Inspection Records . General file records of the Division shall be open for public Inspect i on but may not be removed. Specific Investigation records on Individual cases and license applications are Mt open to the publ le except by direction of the City Manager or order of t.he court. I. Authority to Inspect . The Code Administrator and his authorized agents shall have the authority to Inspect or cause to be Inspected for com- pdance with the Er.glewood Building and Safety Code, all buildings , struc- tures, premises or utllltl•s within the City . J. Right of Entry . Whenever necessary to make an Inspection to enforce any of the provisions of this Code, or whenever the Code Administrator or his authorized representative has reasonable cause to believe that there ex - ists In any building or upon any premises any condition or Code violation which makes such building or premises unsafe, dangerous, or hazardous . The Code Administrator or his authorized representative may enter such building or premises at all reasonable times to Inspect the same or to perform any duty Imposed upon t he Code Administrator by this Code, pro- vided that If such building or premises be occupied , he shall first pres- ent proper credentials and request entry ; and if such building or premises be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry Is refused, the Code Administrator or his authorized representative shall have recourse to every remedy provided by law to secure entry. No owner or occupant or any other persons havl ng charge, care or control of any building or premises shall fall or neglect, after proper request Is made as provided by law , to promptly permit entry therein by the Code Administrator or his authorized representative for the purpose of Inspection and examination pursuant to this Code . K. Investigations and Surveys . Incidental to any of these duties and powers, but without l imltat I on of same , the Code Administrator sha 11 conduct In - vest lgati ons and surveys to determl ne compl lance or noncompl lance with the provisions of the Englewood Building and Safety Code and shall Investigate or cause to be Investigated all accidents pertaining to buildings, struc - tures, preml5es or utilities for the purpose of ascertaining whether the requirements of the Englewood Building and Safety Code have been violated . L. The Code Administrator or any employee charged with the enforcement of this Code, acting in good faith and without malice In the discharge of his official duties, shall not thereby re nder himself liable personally and Is hereby rel le ved from a 11 personal 11 abll 1 ty for any damage that may accrue to persons or property as a result of any act requ Ired, or by reason of any act or omission, In the discharge of his duties . Any suit brought against the Code Administrator or employee becaL ~• of ~uch act or omission performed by him in the enforcement of any provisions of this Code shall be defended bv the Legal Department of the City until termination of the proceedings . H. Organizational Chart D1 tl!lon of Building & Safety DIRECTOR Of COMMUNITY DEVELOPMENT CODE ADMINISTRATOR Fire Prev/ Cod, Enrorc. , ..... , orncer Plumblno/Mech . Inspector 8-1-6 : PERMIT FEES FOR CITY CONSTRUCTION WORK: 'A, Any construction work governed by this Title, which is to be accomplished by employees of the City in or on property owned by the City, shall be exempt from all permit fee assessments which would normally be required . All City employees who perform construction work for the City m.sl be properly licensed or be working under the supervision of an lndiv l dual who is properly licensed. Waiver of permit fees does not exem pt City em- ployees from having all necessary permits and approvals prior to conrnence- ment of construction work. B. Conrnercial and private contractors doing construction work for the City shall not be exempt from the payment of permit fees. (Ord . 82 Series 19B5) 8-1-7: ALTERNATE MATERIALS ANO METHODS : A. The provisions of the Englewood Building and Safety Code are not intended to prevent the use of any material or method not specifically prescribed by the Code, provided any alternate or •modification to the Code has been approved and its use authorized by the Code Administrator . B. The Code Administrator may approve any alternate material or method, pro- videJ he finds that the proposed design, use, or operation is satisfactory and complies with the intent of this Code and that the material, method of work performed, or operation is, for the purpose intended , at least the equlnlent of that prescr i bed In this code in quality, strength, effec- tiveness, fire resistance, durability, safety and sanitation . C. The Code Administrator shall require that sufficient evidence of com pliance with the provisions and intent of this Code be provided when al- ternate mater I a 1 s or methods are intended to be utilized. When new tech- nologies, processes, products, materials and/or uses present technical problems which the Division staff is not trained to adequately evaluate, the Code Administrator may require that tests be conducted to substantiate compl lance with the intent and provisions of this Code. Such evidence shall be prepared by qualified engineers , specialists, laboratory or fire- safety organizations, or other approv~d agencies acceptable to the Code Administrdtor and shall be provided at the expense of the person request- ing approval of the alternate materia i or method. O. All details of any action granting modifications to this Code shall be recorded and entered into offi cial records of the Division. (Ord. 82 Series 1985) 8-1-8 APPEALS: Whenever the Code Administrator or his agent shall dis- approve an application or refuse to grant a permit appl ie.d for, or disapprove an application for alternate materia 1 s or methods, or when it is claimed that the provisions of the Englewood Building and Safety Code do not apply in the manner in which the Code Administrator or his agent determines, or when it is claimed that the true intent and meaning of the Code have been misconstrued or wrongly interpreted by the Code Administrator or his agent, any person aggrieved thereby may appeal from the decision of the Code Ad- ministrator or his agent to the Englewood Board of Adjustment and Appeals within thirty (30) days from the date of the decision appealed, which Board shall review the decision of the Code Administrator or his agent and render a final and binding decision thereupon. In considering such appeals, the Engle- wood Board of Adjustment and Appea 1 s sha 11 have the powers granted to the Code Administrator . (Ord . 82 . Series 1985) 8-1-9 UNLAWFUL ACTS: It shall be unlawful for any person to do or cause to be done, or perform or cause to be performed any act contrary to or in violation of any of the provisions of this Code or any other code, or- dinance, rule or regulation promulgated thereunder which is enforced and ad- ministered by the Ol vision of Building and Safety of the Department of ~om- munity Development. It shall be unlawful : A. Al tern ate Methods, Hateria 1 s and Equipment. For any person to use any method, material or equipment as an alternate to the methods, materials or equipment permitted by this Code without first having obtained approval in the manner provided . B. Licensing. To excavate, erect, cons t ruct, eolarge, remodel, alter, re- pair, move, improve , remove, convert or demol lsh any building, structure or utility in the City without first obtaining a license or certificate in accordance with the provisions of this Code. C. Licensee and Certificate Holder Res pons i bi l i ty . For any licensee or cer- tificate holder to commit any violation of the responsibilities as enumer - ated elsewhere in this Code. 0. Drawing and Specifications. To make application for a permit without first having submitted drawings and specif i cations as required by provi- sions of this Code . E. Permits. To excavate, erect, construct, enlarge, remodel , alter, repair, move, improve, remove, convert, or demolish any building, structure or utility in the City without first obtaining a permit in accordance with the provisions of this Code . F. Certificate of Occupancy . For any person to occupy any building or struc- ture without first having obtained a certificate of occupancy as requ i red by the provisions of this Code. The Chief Building Inspector may issue a temporary certificate of occupancy . G. Unsafe Buildings . For any person to maintain or permit to be maintained, any building, structure or utility when such building, structure or utili- ty is unsafe in accordance with the provisions of this Code . These re- ·quirements shall apply to buildings, structures or utilities now existing, under construct ion or being demol hhed . H. Wrecking. To sell or to advertise for sale used building mater h h at the site of wrecking operations .I I. Burning of Waste Material . For any contractor to burn paper , r~fu se, waste or other materials at the site of any w·:ecking or buildi nr, operation without first having obtained the required permit as provide,:! for in this Code. J. Excavation and Fill Mate r ials . Fo • any person to allow any excava t ion to be left open, or any fill material to be piled on site , fo r a period in excess of sixty (60) days . The Ch i ef Building Inspector ~a •1 extend this period if necessary due to unusual condit i ons . (Ord. 82 Serles 1985) ·-B-1-10: VIOLATIONS: A. Established . Whenever, by t he provisions of this Code , the performance of any act is prohibited or wherever any regulation, di mens ion or l imitation is imposed on the erection , alteration , ma i ntenance or occupancy of any building , structure or ut il 1ty , a failure to comply with the prov is ions of this Code shall constitute a violation . A separate offense sha ·, l be deemed convni tted during each day on which a viola l ion occur s or continues . B. Oou~le Fee if Work Started Without Permit ; Emergency WJrk . Any person who shall col!l11 ence any work for wh i ch a perm it i s r equired by this Code with- . out first having obta i ned a permit therefor shal 1, if sub sequently perm i t- ted to obtain a permit, pay double t he pe rmi t fee f ·: .. ed for such work; provided , however, t~is provision shall not apply t o emergency work when it shall be proved to the satisfaction of the Code Administrator that such work was urgently neces s ary and that it was not feasible to obt ain a per - mit therefor before the commencement of the work . In all s u.;h cases a permit must be obtained as soon as it is feasible to do so , 3nd if there be an unreasonable delay in obtaining such permit, a dout.le fee shal1 be charged . 1he payment of such double fee sha 11 not relieve any person from fully cQmplying with the requirements of this Code in the exe c ution of the work nor from any other penalties prescribed herein . (O rd. 82 Series 1985) See sr ~t i on 5-7-4 of t his Code , Class V, special contr;;ctors to deal in sec ondh and build i ng mater i als . 8·1·11: PENALTIES : A. Any person who shall viol ate any of the provisions of the Englewood Build· ing and Safety Code, or who fails to compl y with the provisions of Title B of the Englewood Municipal Code, or who shall violate or who shall fail to comply with any order made thereunder , or who shal 1 build any structure of any nature in violation of any detailed statement or specifications or plans submitted and approved thereunder, or any certificate or permit is· sued thereunder , and from which no appea 1 has been taken; or who sha 11 fail to comply with such an order as affirmed or modified by the Englewood Board of Adjustment and Appeals, or by a court of competent jurisdiction, within the time fixed therein, shall be considered to have violated this Code and shall be subject to those penalties prescribed in Section 1·4·1 of the Englewood Municipal Code . The imposition of one penalty for any violation shall not excuse the violation nor permit it to continue , and all su ch persons shall be required to correct or remedy such violations or defects within a reasonable time. 8. Any continuing act which, under subsection A hereof shall constitute a violation of this Code, is her aby declared to be a public nuisance and in addition to all other penalties prescribed herein, the City may take such legal action to abate such nuisance as shall be appropriate. C. The suspension or revocation of any license, certificate , re~istr_ation, permit or other privileges conferred by the City shall not be regarded as a pen~lty for the purposes of enforcement of this Code . D. In the event any building, structure or utility is erectea, constructed, reconstructed, altered, repaired, converted, demolished, moved or main· tained; or any building , structure, excavation or util i ty is used , in violation of this Code, the City or any proper person may institute any appropriate action or proceedings to prevent such unlawful erection , con• struction, reconstruction, alteration, repair, conversion , maintenance or occupancy; to restrain, correct or abate such violation; or to prevent the occupancy of said building, structure or land . The imposition of any pen· alty hereunder shall not preclude the City or any proper per$on from in• stituting any appropriate action or proceeding to require compliance with the provisions of this Code and with administrative orders and determ i-na• tion made hereunder . (Ord . 82 Series 1985)