HomeMy WebLinkAboutordinance.council.053-94 Series of 1994
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
ADOPTING 1994 EDITIONS OF CERTAIN UNIFORM BUILDING CODES; ADOPTING
REQUIREMENTS, PROCEDURES AND CRITERIA FOR CONSTRUCTION CONTRACTOR
TESTING AND LICENSING; REQUIRING TESTING OF ALL BUILDING PERMIT
APPLICANTS; AMENDING THE JURISDICTION OF THE BOARD OF APPEALS AND
EXAMINERS AND AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL
AGREEMENT FOR RECIPROCAL CONTRACTOR TESTING.
WHEREAS, extensive construction activities are taking place in
the city of Aspen and the Roaring Fork Valley; and
WHEREAS, increasing complexity in construction standards and
requirements imposed by the Uniform Building Code, as adopted by
the city of Aspen, requires high standards of knowledge by
contractors and others engaged in construction to ensure public
health and safety in the construction of buildings; and
WHEREAS, coordination between jurisdictions in the Roaring
Fork Valley will aid in the uniform and effective regulation of
persons engaged in construction activities, ensuring increased
public safety; and
WHEREAS, the Chief Building official is the city staff member
best able to administer testing procedures for persons engaged in
construction activities;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1. Repeal of Provisions.
Sections 7-3, 7-4, 7-65, 7-81, 7-82, 7-84, 7-85, 7-86, 7-87,
7-88, 7-89, 7-90, 7-91, 7-92, 7-98, and 7-102 be and hereby are
repealed.
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Section 2.
That Section 7-2 of the Municipal Code of the city of Aspen,
Colorado, is hereby amended to read as follows:
Sec. 7-2. chief Building official - Appointment and Removal.
There shall be a chief building official who shall be
appointed by and be responsible to the city manager and shall
serve at the pleasure of the city manager.
Section 3. Duties of Chief Building official.
That Section 7-5 of the Municipal Code of the city of Aspen,
Colorado, is hereby amended to read as follows:
Sec. 7-5. Same - Duties.
The chief building official shall be responsible for the
enforcement of the building code, the electric code, plumbing
code, housing code and all special hazard codes which may now
or hereafter be adopted. During or before the last week of
January of each year the chief building official shall submit
to the city manager a full report of the work of the position.
Section 4. Composition of Board of Appeals.
That Section 7-22{b) of the Municipal Code of the city of
Aspen, Colorado, is hereby amended to read as follows:
Sec. 7-22 Composition; term; qualifications.
(c) The chief building official shall be an ex
officio member of the board of appeals and shall act as
secretary of the board.
Section 5. Jurisdiction of Board of Appeals.
That Section 7-28 of the Municipal Code of the city of Aspen,
Colorado, is hereby amended to read as follows:
7-28 Powers and Duties.
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(c) To hear and determine all appeals from orders of the
chief building official denying, suspending, or revoking
contractor's licenses, in conformity with this Code.
Section 6. ~ppeal Fees.
That Section 7-38 of the Municipal Code of the City of Aspen,
Colorado, is hereby amended to read as follows:
Sec. 7-38. Fee.
At the time of perfecting an appeal to the board of
appeals, the appellant shall be required to pay an appeal fee
of seventy-five dollars ($75.00), which fee may be returnedito
the appellant at the discretion of the board of appeals if the
appellant is substantially sustained.
Section 7. Building Permit Requirements.
That Section 7-60 of the Municipal Code of the city of Aspen,
Colorado, is hereby amended to read as follows:
Sec. 7-60. Compliance with article required.
It shall be unlawful for any person to violate any
provisions of this article or to violate or refuse to obey any
order issued under authority or neglect to pay any fee
assessed under authority.
Section 8. Issuance of permits.
That Section 7-61 of the Municipal Code of the city of Aspen,
Colorado, is hereby amended to read as follows:
Seo. 7-61. Issuance of permits only to license holders or
agents, and homeowner-builders.
(a) On any work requiring a building permit, permits
shall be issued only to licensed contractors, authorized
representatives of licensed contractors, and homeowner-
builders.
(b) For purposes of this article, a "homeowner-builder"
is an individual personally engaged in the construction of a .
single-family residence for his own use. The following
requirements shall apply to homeowner-builders seeking permits
for construction:
(1) The homeowner-builder has satisfactorily
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completed an examination in a form and manner
prescribed by the chief building official;
(2) The homeowner-builder has read applicable
regulations and provisions of this article and
affirmed in writing that the proposed project will
comply with all such requirements;
(3) The homeowner-builder intends to occupy the
completed structure as his personal residence for
at least one year commencing upon issuance of a
certificate of occupancy for the premises;
(4) The property shall not be offered for sale or
rent prior to the expiration of one year from the
date of issuance of the certificate of occupancy;
(5) No more than two workers, in addition to the
homeowner-builder, and excluding licensed
contractors, may be present on the worksite at any
time; and,
(6) The homeowner-builder must be present at the
worksite during all inspections and conferences
with the Building Department;
In the event that any of the above listed requirements is
not met at any time during the course of the project for which
a permit has been issued, the permit for the project may be
revoked by the chief building official. No new permit for
completion of the project may be issued except to a licensed
contractor. The revocation of a permit issued to a homeowner-
builder, based upon the violation of any of the above
conditions, shall be grounds for denial of additional
homeowner-builder permits to that individual for a period of
two years.
Section 8. Safety standards applicable to all persons.
That Section 7-63 of the Municipal Code of the City of Aspen,
Colorado, is hereby amended to read as follows:
Sec. 7-63. Safety standards generally.
(a) Ail state laws, provisions of this Code or other
city ordinances dealing with measures for the safety of .
workmen and the public shall be observed by all persons within
the City, in addition to any requirements contained in this
article.
(b} It shall be unlawful for any person to be careless
or negligent in obtaining minimum safety measures, includling
appliances, apparatus, and equipment to protect workmen and
the general public.
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Section 9. Permits required.
That Section 7-64 of the Municipal Code of the city of Aspen,
Colorado, is hereby amended to read as follows:
Sec. 7-64. Failure to obtain required permit or
inspection prohibite4.
It shall be unlawful for any person to fail to obtain
inspection services when the same are required or fail to
obtain a permit when the same is required.
Section 10, Enforcement.
That Section 7-67 of the Municipal Code of the City of Aspen,
Colorado, is hereby amended to read as follows:
Sec. 7-67. Enforcement.
The chief building official shall enforce and execute all
decisions and orders of the board of appeals and the
provisions of this article.
Section 11. Building official to Issue Licenses.
That Section 7-77 of the Municipal Code of the city of Aspen,
Colorado, is hereby amended to read as follows:
Sec. 7-77. Compliance with law and supervisory clauses
required.
All licenses enumerated in this division shall be issued
by the chief building official in accordance with the
provisions of this Code and standards and regulations
promulgated by the chief building official and shall be
subject to the supervisory clauses contained in this division.
The chief building official is authorized to promulgate
standards and regulations for the administration of tests for
the licenses required by this division. The chief building
official is further authorized to recognize, for purposes of
contractor licensing, results of tests administered by other
jurisdictions.
Section 12, Classes of Licenses.
That Section 7-79 of the Municipal Code of the City of Aspen,
Colorado, is hereby amended to read as follows:
sec. 7-79. Approval of building inspector required for
issuance of certain licenses.
(a) No person may be issued a license to engage in the
following listed trades, jobs, or contractual service as
hereinafter enumerated unless approved by the chief building
official.
(1) General Contractor (Unlimited);
(2) General Contractor (Commercial);
(3) General Contractor (Light Commercial);
(4) General Contractor (Home Builder);
(5) Specialty.
(b) Ail persons having unexpired licenses under the
provisions of this division by the city 'to engage in the
aforementioned trades, jobs, or contractual services, shall
not be required to be examined by the Chief Building Inspector
until the expiration of their current license. All persons
must hold a license from the state, if required by the state,
before engaging in any trade, job, or contractual services
within the city limits.
Section 13. Description of Classes,
That Section 7-80 of the Municipal Code of the City of Aspen,
Colorado, is hereby amended to read as follows:
Sec. 7-80. Builder's licenses generally.
(a) General Contractor (Unlimited). This classification
qualifies the holder to contract for the construction,
alteration, or repair of any structure of any type of
construction and occupancy group as permitted by the uniform
Building Code.
(b) General Contractor (Commercial). This classification
qualifies the holder to contract for the construction of any
structure of any type of construction and occupancy group as
permitted by the uniform Building Code, with the exception of
Type I and Type II fire-resistive construction. Also this
classification qualifies the holder for the alteration or
repair of any structure of any type of construction and
occupancy group permitted by the Uniform Building Code.
(c) General Contractor (Light Commercial) This
classification qualifies the holder to contract for the
construction, alteration, or repair of A-3, B, E-3, H-4, Mr!or
R occupancy group of any type of construction with the
exception of Type I and Type II fire-resistive construction as
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permitted by the Uniform Building Code.
(d) General Contractor (Home Builder). This classification
qualifies the holder for the construction, alteration, or
repair of R-3 and M occupancies of type V-N Construction.
(e) Specialty. This classification qualifies the holder to
contract for work involving specialty trades regulated by the
Uniform Codes, including the following:
(1) Alarm Installation;
(2) Alteration & Maintenance;
(3) Awning Installation;
(4) Boiler (hot water heat);
(5) Carpentry;
(6) Drywall;
(7) Excavation;
(8) Fire Sprinkler Systems;
(9) Gas Fitter;
(10) Glass & Glazing
(11) Insulation.
(12) Irrigation;
(13) Landscape construction;
(14) Masonry;
15~ Mechanical Contractor;
16) Metal Stud Installation;
17) Roofing;
18) Solid Fuel & Gas Appliance;
19) Structural Steel Erection;
120) stucco;
(21) Warm Air Heating.
Section ~4. Supervisors required to be licensed.
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That Section 7-93(d) of the Municipal Code of the City of
Aspen, Colorado, is hereby amended to read as follows:
Sec. 7-93. Application of division and exception of
qualifications for licensees who employ
qualified supervisors.
(d) Each individual who acts as a supervisor on any work
for which a permit is required must be tested in accordance
with the provisions of this article for the work proposed to
be done.
Section 15. License fees.
That Section 7-95 of the Municipal Code of 'the City of
Aspen, Colorado, is hereby amended to read as follows:
Sec. 7-95. Application fee.
Applications for licenses required by this article shall
be accompanied by a fee of twenty dollars ($20.00) to cover
the costs of testing and processing.
Section 16. Examinations.
That Section 7-99 of the Municipal Code of the City of
Aspen, Colorado, is hereby amended to read as follows:
Sec. 7-99. Examinations.
(a) The chief building official, before issuing any
license required by this article, shall require the applicant
to take such examinations, written or oral, as the chief
building official may determine to be appropriate. In lieu of
such examination, the chief building official may recognize
and accept the results of examinations administered by other
governmental jurisdictions with which the city is a party!to
an intergovernmental agreement regarding recognition of such
test results.
(b) Examinations shall be given at reasonable intervals.
Section 17. Insurance Requirements.
That Section 7-100(a) of the Municipal Code of the City of
Aspen, Colorado, is hereby amended to read as follows:
Sec. 7-100. Insurance.
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(a) Every contractor granted a license under the terms of
this article shall be required to maintain at all times
employee liability and public liability insurance with minimum
limits of not less than one hundred thousand dollars for one
person and three hundred thousand for any one accident, and
property damage insurance with a minimum limit of not less
than one hundred thousand dollars for any one accident.
Section 18. Annual Fees.
That Section 7-104 of the Municipal Code of the City of
Aspen, Colorado, is hereby amended to read as follows:
Sec. 7-100. Annual Fees.
Holders of contractors' licenses issued by the City shall
pay a registration fee according to the following
classifications:
Class Fee F~i
General Contractor (Unlimited) $200.00 $/50.~
General Contractor (Commercial) $200.00 $150.~
General Contractor (Light Commercial) $200.00 $/50.~
General Contractor (Homebuilder) $150.00 $1~.~
Specialty (subcontractors) $ 75.00 $ ~.~
Section 19. Revocation and suspension,
That Section 7-105 of the Municipal Code of the City of
Aspen, Colorado, is hereby amended to read as follows:
Sec. 7-105. Revocation and suspension.
(a) The chief building official shall have the authority
to issue an order to show cause why the license issued
hereunder to any licensee should not be suspended or revoked.
Any such order shall grant the licensee ten days in which to
show cause and shall inform the licensee of the basis for
issuance of the order.
(b) The following acts or omissions of any person or firm
holding a license under this article or any applicant for a
license under this article shall constitute grounds for which
the chief building official may suspend, revoke, or refuse
renewal of any license or deny an application for said
license:
(1) Causing or allowing to exist conditions hazardous
to the health, safety, and welfare of workmen and
the public;
(2) Disregard and willful violation of this code
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relating to buildings or construction or contractor
licensing;
(3) Failure to comply with any lawful order of the
Building official or his designated representative;
(4) Misrepresentation or falsification of a material
fact in an application to obtain a license or
permit under this and other applicable codes;
(5) Conviction of a misdemeanor or felony relating to
the contractor's performance of construction work
or the contractor's conduct of his construction
business;
(6) Failure to obtain a building or other applicable
permit for any work as required by this code;
(7) Failure to ensure that the person with whom a
subcontractor contracts has obtained valid building
or other applicable permit for any work required by
this code;
(8) Contracting for or performing construction work
that requires a particular license without holding
a valid license for that work;
(9) Use of a contractor's license to obtain building
permits for another person's project for which the
contractor will not be responsible;
(10) Disregard or deviation from the plans and
specifications approved by the Building official
for which the permit was issued without the
approval of the Building official;
(11) Failure to ensure that any subcontractor hired by
the contractor is licensed in compliance with the
regulations set forth in this Section;
(12) Failure to appear after proper notice, as set forth
in this section, at a building official hearing,
Section 20. Compliance with article.
That Section 7-106 of the Municipal Code of the city of
Aspen, Colorado, is hereby amended to read as follows;
Sec. 7-106. Compliance with division required for issuance
of permit.
(a) No permit shall be issued to any contractor who has
not first obtained a license as required in this articlelor
who is delinquent in the payment of annual license fees, or
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whose license has been suspended or revoked by action of the
chief building official.
(b) A licensed contractor may apply for and be issued
permits to only such work as they are entitled to do under
their respective licenses.
(c) Any application for a permit or license filed in
derogation of this section shall be deemed to have been filed
with fraudulent intent and shall be a nullity. Any permit or
license issued on the basis of such fraudulent application
shall be null and void.
Section 21. State Licenses required.
That Section 7-107 of the Municipal Code of the City of
Aspen, Colorado, is hereby amended to read as follows:
Sec. 7-107 State license required.
Ail persons performing plumbing or electrical work of any
type regulated or licensed by the state of Colorado must hold
valid state licenses before engaging in any trade, job, or
contractual service within the city limits.
Section 22. Registration of plumbers and electricians.
That Section 7-108 of the Municipal Code of the City of
Aspen, Colorado, is hereby amended to read as follows:
Sec. 7-108. Registration of electrical and plumbing
contractors.
As a condition of performing services within the city,
electrical and plumbing contractors shall register with the
chief building official. Applicants for registration must
demonstrate that they hold a valid contractor's license issued
by the state. Registrations made under this section shall
terminate on the last day of the year.
Section 23. Repeal and Reenactment of Uniform Building Code.
Section 7-140 of the Municipal Code of the City of Aspen,
Colorado, adopting the 1988 editions of the Uniform Building Code
and Uniform Building Code Standards, be and hereby is repealed and
reenacted to read as follows:
sec. 7-140. Adoption of the 1994 editions of the uniform
building code and uniform building code standards.
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Pursuant to the powers and authority conferred by the
laws of the State of Colorado and the Chapter of the city of
Aspen, Colorado, there is hereby adopted and incorporated
herein by reference as if fully set forth those regulations
contained in the Uniform Building Code, 1994 Edition,
including Appendix Chapters 4, 15, 16, 30, 31, 33, and the
Uniform Building Code Standards, 1994, Edition published by
the International Conference of Building Officials, 5390 South
Workman Mill Road, Whittier, California 90601, except as
otherwise provided by amendment or deletion as contained in
section 7-141 of Article V of this chapter. At least one (1)
copy of the Uniform Building Code and Uniform Building Code
Standards shall be available for inspection during regular
business hours.
Section 24. Amendments.
Section 7-141 of the Municipal Code of the City of Aspen,
Colorado, adopting certain amendments to the 1988 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, 1994 Edition, as adopted by the
City of Aspen at Section 7-140 of this Article V, is hereby
amended to provide and read as follows:
(a) Section 104.2.3 "Right of entry" is hereby amended to read
as follows:
Sec. 104.2o3. Right of Entry.
When it is necessary to make an inspection to enforce the
provisions of this code, or when the building official
has reasonable cause to believe that there exists a
condition which is contrary to or in violation of this
code which makes the building or premises unsafe,
dangerous or hazardous, the building official may enter
the building or premises at reasonable times to inspect
or to perform the duties imposed by this code, provided
that if such premises be occupied that credentials!be
presented to the occupant and entry requested. If such
building or premises be unoccupied, the building official
shall first make a reasonable effort to locate the owner
or other person having charge or control of the building
or premises and request entry. If entry is refused, lor
no person having charge or control over the building!or
premises can be located, the building official shall
obtain a warrant from the city of Aspen Municipal Court
authorizing the building official to make entry onto the
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building or premises.
(b) Section 104.2.6 "Liability" is hereby amended to read as
follows:
Sec. 104.2.6. Liability.
The Building Official, or his authorized representative
charged with the enforcement of this code, acting in good
faith and without malice in the discharge of his duties,
shall not thereby render himself personally liable for
any damage that may accrue to persons or property as a
result of any act or omission in the discharge of his
duties.
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 code enforcement agency, any
employee thereof, or city of Aspen be held as assuming
any such responsibility or liability 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 this
code."
(c) Section 105.1 "General" and (b) "Limitations of
Authority" are amended to read as follows:
Sec. 105.1. General.
Appeals from determinations or decisions made by the
building official relative to the application and
interpretation of this code shall be processed and heard
in accordance with the provisions contained in Division
2 of Article II of Chapter 7 of the Municipal Code of the
City of Aspen, Colorado.
105.2 Limitations of Authority.
The Board of Appeals shall posses that authority as
provided at section 7-28 of Division 1, Article II,
Chapter 7 of the Municipal Code of the city of Aspen,
Colorado.
(d) Section 106.3.1 "Application" is amended by adding
subsections "8" and "9" which read as follows:
Sec. 106.3.1. Application.
8. Be accompanied by a recent (within one (1) year)
certified survey, plat and legal description of the
proposed building site or property prepared by a
registered land surveyor licensed to practice in the
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State of Colorado at the time of Application for building
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 following:
(a) Type of monuments set on property corners;
(b) The location and dimensions 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 rights-of-way or easements.
The above requirements shall not be mandatory for a
building permit application to reconstruct or remodel
totally within the limits of an existing building or
structure.
For improvements to be located on large tracts of land
(five (5) acres or over) the provisions of section
302(a) (8) shall not apply; but evidence satisfactory to
the building official must be submitted, which shows the
improvement on the property to be in compliance with
appropriate laws.
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 substantially improved structures located
in the special flood hazards areas. If the lowest floor
is below grade on one or more sides, the elevation of the
floor immediately above must also be submitted."
(e) Section 106.4.4 "Expiration" is hereby amended by the
addition of:
In the event a permit shall expire, the following
provisions shall apply:
(A) All below grade excavation done in anticipation of
construction shall be filled and made safe within thirty
(30) days. Where construction has advanced beyond
excavation, all foundation work and above grade
construction shall be secured against the weather to the
satisfaction of the building official and the
construction site shall be otherwise returned to that
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condition as existed prior to the issuance of the permit.
(B) Any fences, railings, canopies or other protective
barriers placed in the public right-of-way shall ibe
removed and all hazardous conditions eliminated therefrom
within ten (10) days after expiration of the permit.
(f) Sec. 107.5.2 "Fee" is amended to read as follows:
A investigation fee, in addition to the permit fee, shall
be collected whether or not a permit is then or
subsequently issued. The minimum investigation fee shall
be equal to the amount of the permit fee required by this
code. The minimum investigation fee shall be the same
minimum fee set forth in Table 1-A. The second time an
individual starts work without a permit the minimum fee
shall be four (4) times as set forth in Table i-A, the
third time the minimum fee shall be eight (8) as set
forth in Table i-A, and the forth time the minimum fee
shall be twelve (12) times as set forth in Table i-A,
etc. The payment of such investigation fee shall not
exempt any person from compliance with all other
provisions of this code nor from any penalty prescribed
by law.
(g) Sec. 107.5. is amended further by the addition of Sec.
107.5.3.
Sec. 107.5.3. Fees for Changes without approval.
When a permit is issued and the work being done is
substantially different that the approved, the minimum
fee shall be ten percent (10%) of the building permit fee
as set forth in Table 1-A.
(h) Section 107.7 "Fees: is amended by the addition of new
subsection "Waiver", which shall read as follows:
Sec.107.7. Waiver.
All other provisions of the code to the contrary not
withstanding, no building, electrical or plumbing fee,
nor inspection or reinspection fee, shall be imposed for
any improvements made pursuant to the Department iof
Energy and Community Services Administration
"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."
(i) Section 108.2 "Inspection Record Card" is amended by the
addition of the following paragraph:
Sec. 108.2. Inspection Record Card.
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(add after first paragraph)
An address sign board will be required at all building
sites for construction as permitted through the
Aspen/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 mustibe
legible from that road that serves the driveway to the
site. The sign board shall also be constructed as!to
provide adequate protection for the permit and inspection
card from the weather. Suggested dimensions and
construction specification for the sign board shall be
available from the Building Department. No inspections
shall be undertaken on protects which do not have a sign
board as specified herein. See UBC Section 305(c) (1988
Ed.)."
(j) Sec. 109.1 is amended by deleting exception.
(k) Table No. 1-A "Building Permit Fees" is amended to read
as follows:
TABLE NO.1-A
TOTAL VALUATION FEE
$1.00 to $1,300.00 $44.00
$1,301.00 to $2,000.00 $44.00 for the first $1,300.00
plus $2.75 for each additional
$100.00, or fraction thereof,
to and including $2,000.00.
$2,001.00 to $25,000.00 $63.00 for the first $2,000.00
plus $12.50 for each additional
$1,000.00 or fraction thereof,
to and including $25,000.00.
$25,001.00 to $50,000.00 352.00 for the first $25,000.00
plus $9.00 for each additional
$1,000.00 or faction thereof,
to and including $50,000.00.
$50,001.00 to $100,000.00 $580.00 for the first $50,000.00
plus $6.25 for each additional
$1,000.00 or fraction thereof,
to and including $100,000.00.
$100,001.00 to $500,000.00 $895.00 for the first
$100,000.00 plus 5.00 for each
additional $1~000.00 or fraction
thereof, to and including
$500,000.00.
$500,0001 to $1,000,000.00 $2,855.00 for the first
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$500,000.00 plus $4.50 for each
additional $1,000.00, or
fraction thereof, to and
including $1,000,000.00.
$1,000,001.00 and up $5,105.00 for the first
$1,000,000.00 plus $4.50 for
each additional $1,000.00 or
fraction thereof.
OTHER INSPECTIONS AND FEES:
1. Inspections outside of normal
business hours .............. $75.00
(Minimum charge = two hours).
2. Reinspection fees assessed under
provisions of Section 305(g) .... $50.00
3. Inspections for which no fee is
specifically indicated ......... $50.00
4. Additional plan check review
required by changes, additions or
revisions to approve plans ..... $50.00
(Minimum charge = one-half hour).
Note: Valuation is to be based upon current building valuation
data as provided by the International Conference of Building
Officials and published in the Building Standards with a regional
modifier of 1.3 or other evidence of value, whichever is greatest,
as determined by the Building Official.
(1) Sec. 310.1 Group R Occupancies Defined. Shall ~be
amended to read as follows:
Sec. 310 Group R Occupancies Defined. Group R Occupancies
shall be:
Division 1. Hotels and apartment houses.
Congregate residences (each accommodating more than 10
persons).
Division 2. Dwellings and Lodging houses with greater
than 5,000 square feet of floor area.
Division 3. Dwellings and lodging houses with no more
than 5,000 square feet of floor area.
Congregate residences (each accommodating less than 10
persons).
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(m) Sec. 310.2.2 Special Provisions is amended to read as
follows:
Sec. 310.2.2 Special Provisions.
Wall and floors separating dwelling units in the same
building, or guest rooms in Group R, Division 1 hotel
occupancies, shall not be of less than one-hour fire
resistive construction. Openings between dwelling units
shall be a minimum of a twenty (20) minute rated assembly
Group R, Division 1 Occupancies more than two stories in
height or having more than 3,000 square feet (279m2) of
floor area above the first story shall not be of less
than one-hour fire resistive construction throughout
except as provided in Section 601.5.2.2.
Storage or laundry rooms that are within Group R,
Division 1 Occupancies that are used in common by tenants
shall be separated from the rest of the building by not
less than one-hour fire-resistive occupancy separation.
For Group R, Division 1 Occupancies with a Group S,
Division 3 parking garage in the basement or first story,
see Section 311.2.2.
For attic space partitions and draft stops, see Section
708.
Group R, Division 2 occupancies shall not qualify for
exception 1 in Sec. 1006.3.
(n) Sec. 310.4 Access and Exit Facilities and Emergency
Escapes is amended to read as follows:
Exits shall be provided as specified in Chapter 10. (See
also Section 1013 for exit markings.)
Access to, and egress from, buildings required to
accessible shall be provided as specified in Chapter 11.
Basements less than 1000 square feet in dwelling units
and every sleeping room below the fourth story shall have
at least one operable window or door approved for
emergency escape or rescue which shall open directly into
a public street, public alley, yard. or exit court.
Basements 1000 square feet and greater shall add one
additional approved window or door for each 1000 square
feet increment. Two or more approved windows or doors
shall conform to Sec. 1003.3. The emergency door or
window shall be operable from the inside to provide a
full, clear opening without the use of separate tools.
EXCEPTION: The window or door may open into an atrium
complying with Section 402 provided the window or door
18
opens onto an exit balcony and the dwelling unit or guest
room has an exit which does not open into the atrium.
Escape or rescue windows shall have a minimum net clear
operable area of 5.7 square feet (.053 m2). The minimum
net clear operable height dimension shall be 24 inches
(610 mm). The minimum net clear operable width dimension
shall be 20 inches (508 mm). When windows are provided
as a means of escape or rescue, they have a finished sill
height not more than 44 inches (1118 mm) above the floor.
(o) Table No. 18-1-D "Foundations for Stud Bearing Walls
Minimum Requirements," is amended by the addition of
footnote "5" after the word "Requirements" to read as
follows:
5. The Frost line for the City of Aspen shall be a
minimum of 36 inches below grade Footing and foundations
shall be as required in Section 1806.1."
(p) Section 904.2.1 "Fire Extinguishing Systems - Where
Required" is hereby amended to read as follows:
Section 904.2.1 Where required.
An automatic fire-extinguishing system shall be installed
in the occupancies and locations as set forth in this
section and any occupancy more than 5000 square feet
shall have approved automatic fire extinguishing system
or alternate approved by the Building official which
shall consider type of construction, access for fire
fighting equipment, water availability and response time.
For provisions on special hazards and hazardous
materials, see the Fire Code.
(q) Section 3403.5 "Historic Buildings" is amended to read as
follows:
Sec. 3403.5. Historic Buildings.
Repairs, alterations and additions necessary for the
preservations, restoration, rehabilitation or continued
use of a building or structure may be made without
conformance to all the requirements of this code when
authorized by the building official provided:
1. The building or structure has been determined to be
of historic, architectural or geographic importance and
has received historic designation pursuant to the
provisions of Division 7 of Article 7 of Chapter 24 of
the Aspen Municipal Code; provided, however, that the
automatic inclusion of a structure within a larger
historic overlay district shall not constitute without
more, a designation of historic, architectural, or
19
geographic importance 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 will be no more
hazardous based on life safety, fire safety and
sanitation than the existing building.
(r) Appendix Chapter 30 Sec. 3011.5 fees shall be amended to
read as follows:
3011.5 Fees. A fee for each permit or certificate of
inspection shall be paid to the building official as
follows:
New Installations:
Passenger or freight elevator, escalator, moving walk:
Up to and including $40,000 of valuation - $55.00
Over $40,000 of valuation - $55.00 plus $1.00 for each
$1,00 or fraction thereof over $40,000
Dumbwaiter or private Residence Elevator:
Up to and including $10,000 of valuation - $15.00
Over $10,000 of valuation - $15.00 plus $1.00 for each
$1,000 or fraction thereof over $10,000
Major Alterations:
Fees for major alterations shall be as set forth in Table
1-A.
Installation fees include charges for the first year's
inspection fee and charges for electrical equipment ~on
the conveyance side of the disconnect switch.
Annual certificates of inspection:
For each elevator $150.00
For each escalator or moving walk $150.00
For each commercial dumbwaiter $150.00
(Each escalator or moving walk unit powered by one motor
shall be considered as separate escalator or moving
walk.)
Section 25. Violations and Penalties.
2O
Section 7-142 of the Municipal Code of the city of Aspen,
Colorado, be and hereby is repealed and reenacted to read as
follows:
Sec. 7-142. Violations and Penalties.
(a) It.shall be unlawful for any person, including an owner,
occupant or builder, to erect, construct, enlarge, alter,
repair, move, improve, remove, convert or demolish, equip,
use, occupy or maintain any building 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 one thousand dollars ($1000.00), 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 violationlof
any of the provisions of this code occurs or continues
unabated after the time limit set for abatement of the
violation.
Section 26. Adoption of 1994 Edition of National Electrical
Code.
Section 7-156 of the Municipal Code of the City of Aspen,
Colorado, be and hereby is repealed and reenacted to read as
follows:
Sec. 7-156. National Electrical Code adopted.
Pursuant to the power and authority conferred by the law of the
State of Colorado and the Charter of the City of Aspen, Colorado,
it is hereby adopted as the electrical code of the City of Aspen,
the National Electrical Code, current Edition, published by the
National Fire Protection Association, Batterymarch Park, Quincy,
Massachusetts, 02269, all to have the same force and effect ias
though set forth herein in every particular.
Section 27. Amendments.
Section 7-157 of the Municipal Code of the City of Aspen,
Colorado, be and hereby is repealed and reenacted to read as
follows:
Sec. 7-157. Amendment.
21
The following general amendment is made to the provisions of
the National Electrical Code, current Edition, herein adopted
by reference:
All electrical wiring in Group A, E, I, H and B occupancies,
as defined in the Uniform Building Code, shall be installed in
an approved raceway, excepting low voltage wiring for audio,
signaling and thermostats, which shall be accepted in any
method approved for the area served.
All 125 volt, single phase, 15 and 20 ampere receptacles to
serve counter top spaces installed within six feet of a sink,
shall have ground-fault circuit interrupter protection for
personnel.
Section 28. Compliance and Enforcement.
Section 7-158 of the Municipal Code of the City of Aspen,
colorado, be and hereby is repealed and reenacted to read as
follows:
Sec. 7-158. Compliance required; penalty.
(a) It shall be unlawful for any person to install, alter,
repair or maintain any electrical conductors or equipment
within or on any public or private building within the Citylof
Aspen, or cause the same to be done contrary to or in
violation of any of the provisions of the National Electrical
Code, current Edition, as herein adopted.
(b) Any person, firm or corporation violating any of the
provisions of the National Electrical Code, current Edition,
shall be deemed guilty of a misdemeanor, and each such person
shall be deemed guilty of a separate offense for each and
every day or portion thereof during which any violation of any
of the provisions of this code is committed, continued
permitted, and upon conviction of any such violation such
person shall be punished by a fine of not more than one
thousand dollars ($1,000.00) or by imprisonment for not more
than ninety (90) days, or by both such fine and imprisonment.
Section 29. General Requirements.
Section 7-160 of the Municipal Code of the City of Aspen,
Colorado, be and hereby is repealed and reenacted to read as
follows:
Sec. 7-160. General requirements for light, power, or heating
installations.
22
No certificate of inspection shall be issued unless the
electric light, power or heating installation and all other
electrical apparatus connected with it are in strict
conformity with all the provisions of this article and the
code adopted by reference in this article and unless they are
in conformity with the latest and most approved methods of
construction for safety to life and property. The regulations
laid down in the National Electrical Code, current Edition,!of
the National Fire Protection Association shall be prima facie
evidence of such latest and most approved methods. It shall
be unlawful to energize any electrical installation or
equipment until a certificate of inspection has been issued.
Section 30. Specifications.
Section 7-161 of the Municipal Code of the City of Aspen,
Colorado, be and hereby is repealed and reenacted to read as
follows:
Sec. 7-161. Specifications for installations generally.
Ail service conductors outside a building shall be in approved
conduits to the first point of overcurrent protection. The
service cabinet shall be so arranged that it shall not be over
six (6) feet above a permanent floor. The cabinet may be
located inside or outside the walls of buildings in the
nearest accessible place to the point where the wires enter
the building. Approved frangible padlocks may be placed!on
switch handles to prevent opening and closing by unauthorized
persons with the prior approval of the electrical inspector
and the fire marshal. Current metering devices shall be
located outside the building or in a location always
accessible to the electric utilities which complies with the
National Electrical Code requirements for service panel
access.
Section 31. Adoption of Uniform Plumbing Code.
Section 7-213 of the Municipal Code of the City of Aspen,
Colorado, be and hereby is repealed and reenacted to read as
follows:
Sec. 7-213. Adoption of the 1994 Edition of the Uniform
Plumbing Code.
Pursuant to the power and authority conferred by the laws
of the State of Colorado and the Charter of the City of Aspen,
23
Colorado, there is hereby adopted and incorporated herein by
reference as if fully set forth those regulations contained in
the Uniform Plumbing Code, 1994 Edition (inclusive of
Appendices A, B, C and D) published by the International
Conference of Building Officials, 5360 South Workman Road,
Whittier, California 90601, except as otherwise provided ~by
amendment or deletion as contained in Section 7-214 of Article
IX of this chapter. At least one (1) copy of the Uniform
Plumbing Code shall be kept on file in the office of the Clerk
of the city of Aspen, Colorado, and shall be made available
for inspection during regular business hours.
Section 32. Amendments to Uniform Plumbing Code.
Section 7-214 of the Municipal Code of the City of Aspen,
Colorado, be and hereby is repealed and reenacted to read as
follows:
Sec. 7-214. Amendments.
The Uniform Plumbing Code, 1994 Edition, as adopted by
the City of Aspen at Section 7-213 of this Article IX, is
hereby amended to provide as follows:
(a) Part 1, Title 20.3 "Violations and Penalties," is
deleted.
(b) Part 1, Title 20.4 "Permit Required," is amended by the
addition of subsections (d), (e) and (f), to read as
follows:
"Title 20.4. Permit Required.
"(d) The issuance or granting of a permit or approval of
plans and specifications shall not be deemed or
construed to be a permit for, or an approval of,
any violation of any of the provisions of this
code. No permit presuming to give authority ito
violate or cancel the provisions of this code shall
be valid, except insofar as the work or use which
it authorized is lawful.
(e) The issuance or granting of a permit or approval of
plans shall not prevent the Administrative Author-
ity from thereafter requiring the correction of
errors in said plans and specifications or from
preventing construction operations being carried on
thereunder when in violation of this code or of any
other ordinance or from revoking any certificate of
approval when issued in error.
24
(f) Every permit issued by the Administrative Authority
under the provisions of this code shall expire by
limitation and become null and void if the work
authorized by such permit is not commenced within
one hundred eighty (180) days. Before such work
can be recommended, a new permit shall be first
obtained to do so, and the fee therefor shall be
one-half of the amount required for a new permit
for such work provided no changes have been made,
or will be made in the original plans and specifi-
cations for such work; and provided, further, that
such suspension or abandonment has not exceeded one
(1) year. No permit shall be extended more than
once. In order to renew action on a permit after
expiration, the permittee shall pay a new full
permit fee."
(c) Part 1, Title 20.12 "Liability", is amended to read as
follows:
"Title 20.12. Liability.
"The administrative authority, or his authorized repre-
sentative charged with the enforcement of this code,
acting in good faith and without malice in the discharge
of eDforcement of this code, acting in good faith and
without malice in the discharge of his duties, shall not
thereby render himself personally liable for any damage
that may accrue to persons or property as a result of any
act or omission in the discharge of his duties.
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 prem-
ises, nor shall the code enforcement agency, any employee
thereof, or the City of Aspen be held as assuming any
such responsibility or liability 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 this
code."
Section 33. Uniform Plumbing Code Violations and Enforcement.
Section 7-218 of the Municipal Code of the City of Aspen,
Colorado, be and hereby is repealed and reenacted to read as
follows:
Sec. 7-218. Violations and penalties.
25
(a) It shall be unlawful for any person, including an
owner, occupant or builder, to erect, install, alter, repair,
relocate, add to, replace, remove, use or maintain any
plumbing, gas or drainage piping or any fixture or water or
treating equipment in the City of Aspen or cause same to be
done contrary to or in violation of any of the provisions of
this code. Maintenance of equipment which was unlawful at the
time it was installed and which would be unlawful under this
code shall constitute a continuing violation of this code~
(b) A violation of any of the provisions of this code
shall constitute a misdemeanor, punishable upon conviction by
a fine not exceeding one thousand dollars ($1000.00), or by
imprisonment not exceeding ninety (90) days, or 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
violation.
Section 34. Adoption of Uniform Mechanical Code.
Section 7-245 of the Municipal Code of the City of Aspen,
Colorado, be and hereby is repealed and reenacted to read as
follows:
Sec. 7-245. Adoption of 1994 Edition of the Uniform
Mechanical Code.
Pursuant to the power and authority conferred by the laws
of the State of Colorado and the Charter of the City of Aspen,
Colorado, there is hereby adopted and incorporated herein by
reference as if fully set forth those regulations containediin
the Uniform Mechanical Code, 1994 Edition (inclusive of
Appendices A, B, C and D), published by the International
Conference of Building Officials, 5360 South Workman Road,
Whittier, California 90106, except as otherwise providedlby
amendment or deletion as contained in section 7-246 of Article
XI of this chapter. At least one (1) copy of the Uniform
Mechanical Code shall be kept on file in the office of the
Clerk of the City of Aspen, Colorado, and shall be made
available for inspection during regular business hours.
Section 35. Amendments to Uniform Mechanical Code.
Section 7-246 of the Municipal Code of the City of Aspen,
Colorado, be and hereby is repealed and reenacted to read as
26
follows:
Sec. 7-246. Amendments.
The Uniform Mechanical Code, 1994 Edition, as adopted by
the City of Aspen at section 7-245 of this Article XI, is
hereby amended to provide as follows:
(a) Section 201(h) "Liability" is hereby amended to provide
as follows:
"The building official, or his authorized representative
charged with the enforcement of this code, acting in good
faith and without malice in the discharge of his duties,
shall not hereby render himself personally liable for any
damage that may accrue to persons or property as a result
of any act or omission in the discharge of his duties.
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 code enforcement agency, any
employee thereof, or the city of Aspen be held as
assuming any such responsibility or liability 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 this code."
(b) Section 203 "Board of Appeals", is amended to read as
follows:
"Sec. 203. Appeals.
"Appeals from determinations or decisions made by the
building official relative to the application and inter-
pretation of this code shall be processed and heard iby
the Board of Appeals in accordance with the provisions
contained in Division II of Article II of this Chapter 7
of the Municipal Code of the City of Aspen. The Boardiof
Appeals shall possess that authority as specified in
Article II of Chapter 7 of the Municipal Code.
Section 36. Uniform Mechanical Code Violations and
Enforcement.
Section 7-247 of the Municipal Code of the City of Aspen,
Colorado, be and hereby is repealed and reenacted to read as
follows:
27
Sec. 7-247. Violations and penalties.
(a) It shall be unlawful for any person, includingian
owner, occupant or builder, to erect, install, alter, repair,
relocate, add to, replace, remove, use or maintain any
plumbing, gas or drainage piping or any fixture or water or
treating equipment in the City of Aspen or cause same to be
done contrary to or in violation of any of the provisions!of
this code. Maintenance of equipment which was unlawful at the
time it was installed and which would be unlawful under this
code shall constitute a continuing violation of this code.
(b) A violation of any of the provisions of this code
shall constitute a misdemeanor, punishable upon convictionby
a fine not exceeding one thousand dollars, or by imprisonment
not exceeding ninety (90) days, or 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 violation.
Section 37. Approval of Intergovernmental Agreement.
The City of Aspen hereby approves that intergovernmental
agreement between the City of Aspen, the Towns of Snowmass Village,
Basalt, and Carbondale, the City of Glenwood Springs, and the
Counties of Pitkin and Garfield, a copy of which is attached hereto
and incorporated herein, and does hereby authorize the City
Manager of the City of Aspen to execute said agreement on behalf of
the City of Aspen.
Section 38.
This ordinance shall not have any effect on existing
litigation and shall not operate as an abatement of any action or
proceeding now pending under or by virtue of the ordinances amended
as herein provided, and the same shall be construed and concluded
under such prior ordinances.
28
Section 39.
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 hereof.
A public hearing on the ordinance shall be held on the~/
day of ~ , 1994, 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 // day of __
~ , 1994.
John S. Bennett, Mayor
ATTEST:
Kathryn s./~6ch, ' city Clerk~
FINALLY adopted, passed and approved this o~-/- day of
~ , 1994 .
John S. Bennett, Mayor
29