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HomeMy WebLinkAboutordinance.council.059-90 'e :1,' ;:1 " ORDINANCE NO. .5d!J (Series of 1990) AN ORDINANCE REPEALING AND REENACTING SECTIONS 7-140, 7-141, AND 7-142 OF ARTICLE V, CHAPTER 7 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, BY ADOPTION OF THE UNIFORM BUILDING CODE, 1988 EDITION, TOGETHER WITH THE UNIFORM BUILDING CODE STANDARDS, 1988 EDITION, AS AMENDED. WHEREAS, the City Council desires to adopt for the benefit of the City of Aspen the 1988 Edit10n of the Un1form BU1lding Code, together with the 1988 Edition of the Uniform Build1ng Code Standards, and to repeal existing building code provis1ons and ordinances 1n conflict therew1th, and implement recommended add1tions and modifications thereto. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: Section 7-140 of the Municipal Code of the city of Aspen, Colorado, adopting the 1979 editions of the Uniform Building Code and Uniform Building Code Standards, be and is hereby repealed and reenacted to read as follows: SECTION 7-140. ADOPTION OF THE 1988 EDITIONS OF THE UNIFORM BUILDING CODE AND UNIFORM BUILDING CODE STANDARDS. Pursuant to the powers and authority conferred by the laws of the State of Colorado and the Charter of the C1ty of Aspen, Colorado, there 1S hereby adopted and incorporated herein by reference as if fully set forth those regulations contained in the Uniform Building Code (and Uniform BU1lding Code Appendix), 1988 Edition, and the Uniform Building Code Standards, 1988 Edit1on, published by the International Conference of Building Offic1als, 5360 South Workman Mill Road, Wh1ttier, California 90601, except as otherwise provided by amendment or deletion as conta1ned 1n Section 7- 141 of Article V of this Chapter. At least one (1) copy of 'e '''6 " , . the Uniform BU1lding Code aneL Un1form Building Code stan- dards shall be kept on file in the office of the Clerk of the city of Aspen, Colorado, and shall be ava1lable for inspection during regular business hours. Sect10n 2: section 7-141 of the Munic1pal Code of the City of Aspen, Colorado, adopting certain amendments to the 1979 Edition of the Uniform Building Code, be and is hereby repealed and reenacted to read as follows: section 7-141. Amendments. The Uniform Building Code, 1988 Edition, as adopted by the city of Aspen at section 7-140 of this Article v, 1S hereby amended to provide and read as follows: (a) Sec. 104(f) "Historic Buildings" is amended to read as follows: Sec. 104(f). Histor1c Build1ngs. Repairs, alterations aneL 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 bU1lding official provided: 1. The bU1lding or structure has been determ1ned to be of historic, architectural or geographic importance and has received historic designation pursuant to the provisions of Division 7 of Art1cle 7 of Chapter 24 of the Aspen Municipal Code; provided, h01l1eVer, that the automatic inclusion of a structure within a larger historic overlay district shall not constitute without more, a designation of historic, architectural, or geographic 1mportance sufficient to meet the requirements of this subparagraph. 2. Any unsafe conditions as described in this code are corrected. 3. The restored building or structure w1ll be no more hazardous based on llfe safety, fire safety and sanitation than the existing building. (b) Sec. 202(f) "Liability" is hereby amended to read as follows: 2 ,,'. 'I' ( (c) .' 'I " ,::1 Sec. 202(f). Liability. The building official, or his authorized representative charged w1th the enforcement of this code, acting in good faith and without m2Llice in the discharge of his dut1es, shall not thereby render hlmself personally liable for any damage that may accrue to persons or property as a result of 2my act or omission in the discharge of his duties. Any suit brought agalnst the building offlcial or employee because of an act or omission performed by him in the enforcement or inter- pretation of any provision of this code or other pertinent laws or ordinances implemented through the enforcement or interpretation of thlS code shall be defended by the City of Aspen in accordance with the provlsions of the Colorado Governmental Immunlty Act, C.R.S. Sections 24-10-101, et seq., ("Act"), as amended, and any judgment resulting therefrom shall, likewise, be paid in accordance with the Act. This code shall not be construed to relieve or lessen the responsibility of any person owning, operating or controlling any building or structure for any damage to persons or property caused by defects on or in such premises, nor shall the r;ode enforcement agency, any employee thereof, or the city of Aspen be held as assuming any such responsibility or llabillty by reason of the adoption of this code or by the exercise of inspections authorized and carried out thereunder, or by the issuance of any permits or certificates issued pursuant to thlS code. Sec. 204(a) "General" and (b) "Limltations of Author- ity" are amended to read as follows: Sec. 204(a). General. Appeals from determinations or decisions made by the building official relative to the appllcation and interpretation of this clJde shall be processed and heard in accordance with the provisions contained in Divislon 2 of Article II of Chapter 7 of the Municlpal Code of the City of Aspen, Colorado. (b) Limitations of Authority. The Board of Appeals and Examiners shall possess that authority as provided at Section 7-28 of Division 1, 3 '. (d) ,'I . " , Article II, Chapter 7 of the Municipal Code of the city of Aspen, Colorado. Sec. 302(a) "Application" is amended by adding subsec- tions "8" and "9" which shall read as follows: Sec. 302(a). Appllcation. 8 . Be accompanied by a recent (within one (1) year) certified survey, plat and legal descriptlon of the proposed building site or property prepared by a registered land surveyor licensed to practice in the State of Colorado at time of application for bUllding permit. The surveyor making the plat shall certify on the plat that it is correct and that the perimeter monuments described in it have been placed as described, after which he shall affix his name and seal. Permanent reference monuments under normal geographic and topographic conditions shall be three-quarter (3/4) inch nominal iron pipe (1.05 inches long with a metal or plastic cap at least one and three-eighths (1 3/8) inches in diameter) set so that no more than four (4) inches protrude from the ground and mounded with stones. said plat should indicate the follow1ng: (a) Type of monuments set on property corners; (b) The locatlon and dlmensions of any easements or rights-of-way of record or in evidence on a said property; (c) The location of any existing improvements on said property or on rlghts-of-way or ease- ments. The above requirements shall not be mandatory for a build1ng perm1t 2Lpplication to reconstruct or remodel totally within the limits of an exist1ng building or structure. For improvements to be located on large tracts of land (five (5) acres or over) the provisions of sect10n 302(a) (8) shall not apply; but, evidence satisfactory to the bU1ld1ng offic1al must be submitted, which shows the improvement on the property to be in C'ompliance with appropriate laws. 4 . ':' 9 . When construction is proposed in the special flood hazard areas, be accompanied by elevations (in relation to mean sea level) of the lowest floor (including basement) of all new or substant1ally improved structures located in the special flood hazard areas. If the lowest floor 1S below grade on one or more sides, the elevation of the floor immediately above must also be submitted. (e) Sec. 302(b) "Plans and Spec1ficat1ons" is amended to read as follows: Sec. 302(b). Plans and specif1cations. :" Plans, engineering calculations, d1agrams and other data shall be submitted in one or more sets with each application for a perm1t. The building off1Cial may require plans, computations and specifications to be prepared and designed by an engineer or architect licensed by the state to practice as such. All fire protection systems (sprinkler systems) shall be des1gned by an engineer llcensed by the state to practice as such. Subm1ttals shall include construc- tion inspection requirements as defined in section 302 (c) . EXCEPTION: The building official may waive the submis- Slon plans, calculations, construction inspection requirements, etc., if he finds that the nature of the work applied for is such that reviewing of plans is not necessary to obtain compliance with the code. (f) Sec. 303(d) "Exp1ration" is amended to read as follows: Sec. 303(d). Expiration. Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void if the bU1lding or work authorized by such perm1t is not commenced within one hundred twenty (120) days from the date of issuance of such permit. Work equal to ten (10) percent of the valu- ation of the entire project must be completed in each sixty-day period thereafter unt1l completion of the project or said project shall be deemed abandoned and the permit exp1red. In the event a permit shall exp1re, the fOllowing prov1sions shall apply, namely: 1. All below grade excavation done in ant1cipation of construction shall be filled within th1rty (30) Ie 5 . , (g) . '. days of the expiration such as to bring the site to a condition comparable to that before permit issuance. 2. Any fences, railings, canopies and other protec- tive structures placed in the public right-of-way, and required by Chapter 44 of the Uniform Building Code shall be removed within ten (10) days of expiration of a permit as well as all hazardous conditions eliminated. 3. Before such work can be recommenced a new permit shall be first obtained so to do. Such permit shall issue for a permit fee equal to one-half (1/2) the amount required for a new permit for such work provided no changes have been made or will be made in the plans and specifications for such work, and provided further that the work has not been abandoned for a period exceeding one year. 4. The provis1ons of subparagraph 3 to the contrary notwithstanding, no permit shall reissue for any construction or activity prohibited by law at the time of the application for reissuance. Whenever practical difficult1es or unnecessary hard- Sh1pS prevent compliance with the strict terms of th1s section, the Board of Appeals and Examiners, on appeal thereto, may vary or modify the application of this section so that the intent and purpose of the code will be observed, public safety and welfare secured, and substant1al justice done" Sec. 304 "Fees" is amended by the addition of new subsection (g) "Waiver", which shall read as follows: Sec. 304(g). Waiver. All other provisions of the code to the contrary notwithstanding, no building, electrical or plumbing fee, nor inspection or reinspect ion fee, shall be imposed for any improvements made pursuant to the Department of Energy and Community Services Administra- tion "Weatherization" Program as undertaken by the Northwest Colorado Council of Governments (NWCCOG), the Colorado Department of Social Services, the Skyline six Area Agency on Aging, or the city of Aspen. 7 ,~. ., (h) Sec. 305(b) "Inspection Record Card" is amended by the addition of the following paragraph which shall read as follows: Sec. 305(b). Inspection Record Card. (add after first paragraph) An address sign board will be required at all build1ng sites for construction as permitted through the Aspenl Pitkin Regional Building Department. (A city sign permit will not be required for sites within the city of Aspen.) The sign board shall display the site address, building permit and inspection record card and must be legible from that road that serves the driveway to the site. The sign board shall also be constructed so as to provide adequate protection for the perm1t and inspection card from the weather. Suggested dimensions and construct1on specifications for the sign board shall be available from the Building Department. No inspections shall be undertaken on projects Wh1Ch do not have a sign board as spec1fied here1n. See UBC SectlOn 305 (c) (19BB Ed.). '. (i) Sec. 307(a) "Use and Occupancy" is amended to read as follows: Sec. 307(a). Use and Occupancy. No building or structure of Groups A, E, I, H, B, R or M occupancies as defined in this code shall be used or occupied and no change in the existing occupancy classificat10n of building or structure or port1on thereof shall be made until after the building official has issued a cert1ficate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provi- sions of this code or of other ord1nances of the City of Aspen. Certificates presuming to give authority to v10late or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. (j) Table No. 3-A "Building Permit Fees" is amended to read as follows: . 7 :. TOTAL VALUATION FEE $1.00 to $500.00 $501.00 TO $2,000.00 $15.00 $15.00 for the f1rst $500.00 plus $2.00 for each additional $100.00 or fraction thereof, to and includ1ng $2,000.00 $2,001.00 to $25,000.00 $45.00 for the first $2,000.00 plus $9.00 for each additional $1,000.00 or fraction thereof to and including $25,000.00 $25,001.00 to $50,000.00 $252.00 for the first $25,000.00 plus $6.50 for each additional $1,000.00 or fraction thereof, to and including $50,000.00 $50,001.00 to $100,000.00 $414.50 for the first $50,000.00 plus $4.50 for each additional $1,000.00 or fraction thereof, to and including $100,000.00 '. $100,001.00 to $500,000.00 $639.50 for the firs~ $100,000.00 plus $4.00 for each addit10nal $1,000.00 or fraction thereof, to and including $500,000.00 $500,001.00 to $1,000,000.00 $2,239.50 for the first $500,000.00 plus $3.50 for each additional $1,000.00 or fraction thereof, to and includ1ng $1,000,000.00 $1,000,001.00 and up $3,989.50 for the first $1,000,000.00 plus $3.00 for each add1tional $1,000.00 or fraction thereof ". 8 '. " , " t Ie OTHER INSPECTION FEES 1. Inspections outside of normal business hours....$30.00 plhr (minimum charge - two hours) 2 . Reinspection fees assessed under provisions of section 305(g) ......................... ..... ....$30.00 plhr 3. Inspections for Wh1Ch no fee is specifically indicated. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $30.00 plhr (minimum charge - one-half hour) 4. Additional plan review required by changes, additions or revisions to approved plans. .......$35.00 p/hr (m1nimum charge - one hour) (k) Sec. 2305(d) "Snow Loads" 1S amended to read as fol- lows: Sec. 2305(d). Snow Loads. The minimum snow load for build1ngs or structures within the city of Aspen shall be 75 psf. The min1mum snow load of 75 psf may be increased as determined by the building official in considerat1on of potential accumulation of snow at valleys, parapets, roof struc- tures and offsets in roofs of uneven configuration. The minimum snow load of 75 psf may be reduced for each degree of pitch over 20 degrees by Rs as determined by the follow1ng formula: RS = .Q. 40 1. 2 WHERE: Rs = Snow load reduction in pounds per square foot per degree of pitch over 20 degrees. S = Total snow load in pounds per square foot. For alternate design procedure see Appendix Chapter 23, Division 1. (1) Sec. 2311(b) "Basic Wind Speed" is amended to read as follows: . 9 '. .' '. " I. Sec. 2311(b). Basic Wind Speed. The minimum w1nd speed for determining design wind pressure for the city of Aspen shall be 80 mph. The minimum wind speed of BO mph may be increased as determ1ned by the building official in consideration of terrain features. (m) Table No. 29-A "Foundations for Stud Bearing Walls Minimum Requirements", is amended by the addition of Footnote "4" after the word "Requirements" to read as follows: 4 The frost line for the city of Aspen shall be a m1nimum of 36 inches below grade. Foot1ngs and founda- tions shall be as required in section 2907(a). Sect10n 3: Sect10n 7-142, Violations and Penalties, of the Mun1cipal Code of the city of Aspen, colorado, be and 1S hereby repealed and reenacted to read as follows: section 7-142. Violations and Penalties. (a) It shall be unlawful for any person, 1ncluding an owner, occupant or bU1lder, to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any build- ing or structure in the City of Aspen or cause the same to be done, contrary to or in violation of any of the provisions of this code. (b) A violation of any of the provisions of the code shall constitute a misdemeanor, punishable upon conviction by a fine not exceeding Three Hundred Dollars ($300.00), or by imprisonment not exceeding ninety (90) days, or by both such fine and imprisonment. A separate offense shall be deemed committed on each day or portion thereof that the violation of any of the provisions of this code occurs or continues unabated after the time limit set for abatement of the v1olation. 10 ,It ~. (. section 4: This ordinance shall not have any effect on existing lit1ga- tion and shall not operate as an abatement of any action or pro- ceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be continued and concluded under such prior ordinances. section 5: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. section 6: A public hearing on the ordinance shall be held on the /0 day of ~b--.-- , 1990, in the city Council Chambers, Aspen city Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the 9- 7 day of ~ , 1990. ATTEST: ~~~d~ Kathryn S. Koch, city Clerk 11 ('. r. " I'. , FINALLY adopted, passed and approved this ?; J1b=~- ATTEST: ~ _/' V;;/tA~~~~ Kathr n S. Koch, C1ty Clerk /17 day of { 1990. ~,~ W1lliam L. stirling, Ma 12 ....