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HomeMy WebLinkAbout2007 Ordinance No. 010• • • ORDINANCE NO. /0 SERIES OF 2007 -- BY AUTHORITY COUNCIL BILL NO. 9 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE AMENDING TITLE 8, CHAPTER 2, ARTICLE A, OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO THE BUILDING CODE OF THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the City of Englewood has used the Unifom1 Building Code as a model construction code since I 971 ; and WHEREAS , this Code is updated periodically to keep pace with changing construction technology; and WHEREAS , th', City of Englewood Division ofBuilding and Safety staff has thoroughly reviewed the International Building Code 2006 and recommends adoption thereof subject to certain exceptions, modifications and amendment; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section I. The City Council of the City of Englewood, Colorado hereby authorizes the repeal of Title 8, Chapter 2, Article A, of the Eng lewood Municipal Code 2000 , in its entirety. Section 2. T'ie City Council of the City of Englewood, Colorado hereby adopts the International Building Code 2006 as Title 8, Chapter 2, Article A, of the Englewood Municipal Code 2000, to read as follows : CHAYfERl CONSTRUCTION AND SAFETY CODES ARTICLE A BUILDING CODE 8-lA-1: CODE ADOPTF.D : There is hereby adopted, by reference thereto, the International Building Code 2006 Edition, in its entirety including errata updates, published as part of this Code, published by the International Code Council , be., 4051 West Flossmoor Road, Country Club Hills, Illinois 604 '/8-5795, subject to the exceptions, modifications and amendments set forth in Section 8-2A-2 of this Article. The City Clerk shall maintain a copy of the Code and errata updates which will be available for inspection during regular business hours . -1- 9 bi 8-lA-l: SPECIFIC MODIFICATIONS TO ADOPTED CODE: The following specific changes, modifications and amendments are hereby made in the provisions of the International Building Code 2006, hereinabove adopted: A. CHAPTER I. ADMINISTRATION. I. IOI.I Title. (Sha// be amended to read) These regulations shall be known as the Building Code of the City of Englewood, hereinafter referred to as "this Code". 2. 101.4.4 Plumbing. (Deleted the last sentence) 3. 101.4.5 Property maintenance . (Deleted in its entirety) 4. 102.6 Existing Structures. (Sha// be amended to read) The legal occupancy of any structure existing on the date of adoption of this Code shall be permitted to continue without change , except as is specifically covered in thi s Code; within Title 9 EMC or the International Fire Code, or as deemed necessary by the building official for the general safety or welfare of the occupan ts and the public. 5. 103.1 Creation of the enforcement agency. (Shall be amended tu mu{) The Division of Building and Safet:· is hereby created dnc'. ;he official in charge thereof shall be know ., es the bu,lding official. 6. 103.3 Deputies. (D eleted last sentence) 7. 105.1.1 Annual permit. (Deleted in its enrirety) 8. 105.1.2 Annual permit records. (Dele,,,d in its entirety) 9. 105.2 Work exempt from permit. Building: 2. (Deleted in its entirety) Refe-to Title I 6 EMC for fence requirements. 4. 'Deleted in its entirety) Refer to Title 16 EMC for wall requirements. 6. (Deleted in its entirety) Refer to Title I 6 EMC for driveway and sidewalk requirements. -2- • • • • • 10. 105.5 E1plration . (Deleted in its entirety. Replaced ";th the following to read as fol/oll's) Every pennit issued by the buildina official under the provisions of th.is Code shall expire by limiuuion and become null and void if the work autho,ized by such pennit is not commenced within 180 days from the date of such pennit; or if inspections have not been requested by applicant for a period of 180 days; or if the work authorized by such pcnnit is suspended or abandoned for a period of 180 days; after the work is commenced. Before such work can be recommenced, a new permit shall be first obtained and the fee therefore shall be one-half the amount required for a new pennil for such work, provided no changes have been made or will be made in the original construction documents for such work, and provided further that such suspension or abandonment has not exceeded one year . In order to renew a pem1it after one year, the pennittee shall pay a new full pem1i1 fee . 11. 105.5.1 E1t<nslons. (Added" new Subsection to read) A permittee holding an unexpired pennit shall have the right to apply for an extension of the t;.r,e, as determined by the building official, within which the pennittee will commence work under that pennit when work is unable to be commenc,d within the time required by this section for good and ;atisfactory reasor,,, as determined by the building o ffici al. The building otlicial shall extend the time for ac tion by the pem1i1tee for a period not exceeding 180 days. No pennit shall be extended more th an once . 12. 108.2 Scbrdu le of permit fees. (Deleted in its entirety. S11bstit11te the folloll'ing) The fee for each permit shall be as follows: -3 - TABLE I BUILDING PERMIT FEES Total Valaatloo I Fee $1.00 to $500.00 $23.50 $501.00 to $2,000.00 $23.50 for the first $500.00 plus $3.05 for each additional $100.00, or fraction thereof, to and including $2.000.00 $2,001 .00 to $25 ,000.00 $69 .25 for the first $2,000.00 plus $14.00 for each additional $1,000.00, or fraction thereof, to and including $25,000.00 $25,001.00 to $50,000.00 $391 .25 for the first $25,000.00 plus SI 0.10 for each additional $1,000.00, or fraction thereof, to and including $50,000.00 $50,001.00 to $100,000.00 $643. 75 for the first $50,000.00 plus $7.00 for each additional $1,000.00, or fraction tb,=:,f, io and including $100,000.00 $100,001.00 to $500,000.00 $993.75 for the first $100,000.00 plus $5 .60 for each additional $1,000.00, or fraction thereof, to and including $500,000.00 $500,001 .00 to $1 ,000,000.00 $3,233 .75 for the first $500,000.00 plus $4.75 for each additional SI ,000.00 or fraction tbereof, to and including S 1,000,000.00 $1,000,001.00 and up $5 ,608 .75 for the first $1 ,000,000.00 plus $3.15 for each additional $1,000.00 or fraction thcn:of. • • • • • • OTHER FEES Original Plan Review fee shall be 65% of the building permit fee as shown in Table I. Additional Plan Review Fees $47.00 per hour Exemption To Plan Review Fee Exception: the 65% plan review fee shall be waived for single-family, owner occupied, dwellings. (8-2A-2D EMC) Reinspection Fees $47.00 Issuance of Temporary Certificate OfOccupaa1cy $150.00 Annual certificates of elevator inspection For each elevator $165 .00 (2006 $/ 5.00 increase by DRCOG) For each escalator or moving waik $165 .00 For each commercial dumbwaiter .. $165 .00 -5- 13. 108.3 Bulldln1 permit valuatlon1. (Deleted in its entirety. Substitute the fol/011ing) The determination of value or valuation under any provisions of this Code shail be made by the building official. The value to be used in computing the pcnnit and plan review fees shall be the total value of all construction work for which the pcnnit is issued, as well as all finish work, painting, roofing, electrical , plumbing, heating, air conditioning, elevators , fire systems and any other permanent equipment. The building official may also utilize Building Valuation Data published in the ICC Building Safety Journal as a recognized standard to establish valuation. 14. 108.3 Valuations . (Amended to add a new subsection 108.3./ to read as /0//011,) 108.3.1 Miscellaneous V■lu ■tlons . Valuation for miscellaneous projects shall be determined by applying the following schedule: Asphalt roofing $75.00 per square Fencing $20.00 per linear foot 15. 108.6 Fee Refunds . (Delet ed in its entirety. Substitute th e folloll'ing) a. The building official may authorize refunding of any fee paid hereunder which was erroneously paid or collected. b. The building official may authorize refunding of not more than eighty percent (80%) of the permit fee paid when no work has been done under a permit issued in accordance with this Code . · c. The building official may authorize refunding not more than eighty 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 review is done . d. The building official shall not authorize refunding of any fee paid except on written application filed by the original pcnnitcc not later than 180 days after the date of fee payment. 16. Section 109. Inspections . (Amended to add a new subsection to read as folloll's) 109.7 Reinspcctlons a. A rcinspcction fee may be assessed for each inspection or rcinspection when, such portion of work for which inspection is called is not complete; the corrections called for arc not made; the inspection record card is not posted or otherwise available on the work site; the approved plans arc not readily available to the inspector; pcnnittee fails to provide access to the site; or pcnnitee's deviation from plans requires approval of the building official. • • • • • • b. To obtain a n:inspcction, the applicant shall file an application therefore in writing on a form furnished for that purpose and pay the n:inspection fee in accordance with Table I. c. In instances where n,inspcction fees have been useued, no additional inspections of the work will be performed until the n:inspection fees have been paid. 17. 110.3 Temporary occupancy. (Shall be amended to add a new sub.vection /10.3./) 18 . 19. 20 . 110.3.1 Temporary Occupancy Fee . The fee for a Temporary Certificate of Occupancy is as set forth in Table I , of this Chapter. Section 112 Board of Appeals. (Deleted in its entirety) Refer to 8-1-7 EMC for requirements of this section. Section 113 Unlawful Act. (Deleted in its entirety) Refer lo 8-1-8 EMCfor requin:ments of this &ection. 113.4 Violation Penalties. (Deleted in its entirety) Refer to 8-1-9 and 8-1-10 EMC for requirements of this section . B. CHAPTER 10 -MEANS OF EGRESS. I. 1009.11 Stairway to Roof. (Shall be amended to read) In buildings located thn:c or more stories in height above grade plan~, ooo stairway shall extend to the roof surface, unless the roof has a slope steeper than four units vertical in 12 units horizontal (33-perccnt slope). In buildings without an occupied roof, access 10 the roof from the top story shall be permitted to be by an alternating tn:ad device . C. CHAPTER 16-STRUCTURAL DESIGN. I. Section 1608 Snowloads. a. 1608.1 General. (Deleted in its entirety. Substitute the following) The design roof snow load shall not be less than 30 pounds per square foot at any clement of the roof. b. 1608.2 Ground snow loads. (Deleted in its entirety. Substitute the following) The ground snow load established for the City of Englewood is 30 pounds per squan: foot. 2. Section 1609 Wlndloads. -7- a. 1609.3 8111c wind 1petd . (Deleted in its entirety. S11bstit111e rhcfollo\\'ing) The minimum basic wind speed is hereby dcsipiated at ninety (90) miles per hour )-second gust. b. 1609,4 E1po1urc catecory. (Shall he amended By hy adding rh c fol/oll'ing scnrcnce ro rhe end of exisring paragraph) Exposure B shall be used for the design of all structures in the City of Englewood. D. CHAPTER 21 -MASONRY . I. 2111 Masonary Fireplaces. (Shall be amended by adding a nell' S11h.,ecrion ro read as folloll's) a. 2111.1.1 Fireplace rtstrictlons. Fireplaces shall comply with the Englewood Municipal Code, Sections 6-1-11 and 6-1 -12 . E. APPENDICES . (Shall be amended ro read as /o//01n) I. Delete all except Appendix I -Patio Covers which is hereby adopted. Section 3. Safety Clauses. The Cit y 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 th e proper legislative object so ught to be obtained. Section 4. Sevcrabiljty. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances sha ll for any reaso n be adjudged by a coun of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other perso ns or circumstances. Section 5. Inconsis tent Ordinances. All other Ordinances or ponions thereof inconsistent or conflicting with this Ordinance or any ponion hereof arc hereby repealed to the extent of such inconsistency or conflict . Section 6. 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 pan 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 n:n-.lining in force for the purposes of sustaining any and all proper actions, suits, proceedings, an( 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 . • • • • • • ~-The International Ener1,,y Conservation Code is hereby adopted by reference in Chapter 13 of the International Building Code 2006, as adopted. ~ Chojcc of Code. Any pany who has a pending application, where the pennit application and final site plan have been submiued to the City before the date of final adoption of this Ordinance, shall make an election to proceed under either the current Code or the 1997 Code but not a combination thereof. ~ ~ The Penalty Provision of E.M .C. Section 1-4-1 shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on first reading on the 20th day of February, 2007. Published as a Bill for an Ordinance on the 23"' day ofFebruary, 2007. Read by title and passed on final reading on the 5th day of March, 2007. Published by title as Ordinance No./._O , Series of 2007 , on the 9th day of March , 2007 . I, Loucrishia A. Ellis, 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. /J)_. Series of 2007 . -9- • • • COUNCIL COMMUNICATION Date: February 20, 2007 I Agenda Item: 11 a i I Subject: Adoption of the International Building Code 2006 Initiated By: Safety Services, Division of Building an d Safety I Staff Source: Lan ce Smith, Chief Building Official COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The adoption of the Int ernational Building Code 2006 was reviewed by City Council at the August 2 1, 2006 Study Session. RECOMMENDED ACTION Staff recommends Council approve a Bill for an Ordinance adopting the International Building Code 2006 to establish minimum requirements to safeg ua rd the public health, safety and general welfare . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood has used the Uniform Building Code as a mode l construction code si nce 1971 and u pdates this code periodically to keep pace with changing construction technology. Building and Safety staff has th oroughly reviewed the International Building Code 2006 an d recommends adopti on subject to certain exceptions, modifications an d amendments. FINANCIAL IMPACT The u nly costs associated with the ordi nance would be for the purchase of code books. The estimated amount is approximately $200 and this has been budgeted for in the 2007 Budget. UST OF ATTACHMENTS Bill for an Ordinance