HomeMy WebLinkAboutordinance.council.059-03ORDINANCE NO. 59
Series of 2003
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
ADOPTING 2003 EDITIONS OF CERTAIN INTERNATIONAL BUILDING CODES.
AMENDING REQUIREMENTS. PROCEDURES AND CRITERIA FOR
CONSTRUCTION CONTRACTOR TESTING AND LICENSING.
WHEREAS. the Uniform Building Codes are no longer being published; and
WHEREAS. to stay current with new building construction technology and
national and state standards the International Code Council publishes the new standard;
and
WHEREAS, the purpose 0f this code is to provide for and promote the health;
safety and welfare of Aspen residents and visitors; and
WHEREAS, numerous public educational meetings to introduce the new codes
have been held and opportunities for interested party input regarding adoption of the new
codes have been available; and
WHEREAS, coordination between jurisdictions in the Roaring Fork Valley to
adopt the International Codes will aid in the uniform and effective regulation of persons
engaged in construction activities, ensuring increased public safety; and
WHEREAS, the Chief Building Official, also referred to herein as the "building
official" is authorized by the City Council to administer and enforce this code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCiL OF THE
CITY OF ASPEN, COLORADO:
Section 1. That Section 8.20 of the Municipal Code of the City of Aspen,
Colorado adopting the 1997 editions of the Uniform Building Code Volumes I, II and III
be and is hereby repealed and reenacted to read as follows:
Section 8.20.010 Adoption of the 2003 Edition of the International Building
Code.
Pursuant to the powers 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 contained in
the International Building Code, 2003 Edition, including Appendix C, E, I and J
published by the International Code Council, 4051 West Flossmoor Road, Country
Club Hills, Illinois, 60478-5795, except as otherwise provided by amendment or
deletion as contained in Section 8.20.020 of this chapter. At least one (1) copy of
the International Building Code shall be available for inspection during regular
business hours. (Ord. No. 55-1999 § 2 (part))
Section 8.20.020 Amendments
The International Building Code, 2003 Edition, as adopted by the City of Aspen at
Section 8.20.010 is hereby amended tO read as follows;
(a) Section 101.1 Insert: City of Aspen for [NAME OF JURISDICTION]
(b) Section 101.4 "Referenced Codes" is hereby amended and to read as follows:
The other codes listed in Sections 101.4.1 through 101.4.5 and referenced elsewhere in
this code shall be considered part of the requirements of this code to the prescribed extent
of each reference.
(c) Section 101.4.1 "Electrical" is hereby amended to read as follows:
The provisions of the most current version of the National Electric Code shall apply to
the installation of electrical systems, including alternations, repairs, replacement,
equipment, appliances, fixtures, fittings and appurtenances thereto.
(d) Section 101.4.5 "Property Maintenance" is hereby deleted in it entirety.
(e) Section 104.6 "Fire Prevention" is hereby deleted in it entirety.
(f) Section 101.4.7 "Energy" is hereby amended and to read as follows:
Section 101.4.5 Energy. The provisions of the most current version of the "City of Aspen
Energy Conservation Code" shall apply to all matters governing the design and
construction of buildings for energy efficiency.
(§) Section 102.5 "Existing Structures" is hereby amended and to read as follows:
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 this code, the
International Existing Building Code or as is deemed necessary by the building official
for the general safety and welfare of the occupants and the public.
(h) SECTION 103 DEPARTMENT OF BUILDING SAFETY is hereby amended to read
as follows:
SECTION 103 DIVISION OF BUILDING SAFETY
Section 103.1 The Division of Building Safety is hereby created and the official in
charge thereof shall be known as the building official.
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Section 103.3 "Deputies" is hereby tu~aended and to read as follows:
[The section shall remain as is except that the last sentence shall read:] For the
maintenance of existing building, see the International Existing Building Code.
(i) Section 104.6 "Right of Entry" is hereby amended and to read as follows:
[The section shall remain as is except that the last sentence shall ~ead:] If entry is refused,
or 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 building or premises.
(j) Section 104.8 "Liability" is hereby amended to read 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
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 mason of the adoption of this code or by the exercise of inspections authorized
and carried out hereunder, or by the issuance of any permits or certificates issued pursuant
to this code.
(k) Section i05.3.2 "Time limitation of application" is hereby amended to read as
follows:
An application for any proposed work shall be deemed to have been abandoned six (6~
months after the date of filing, unless such application has been pursed in good faith or a
permit has been issued. The building official is authorized to grant on extension not
exceeding six (6) months. The extension shall be requested in writing and justifiable
cause demonstrated.
(t) Section 105.5 "Expiration" is hereby amended to read as follows:
Every permit issued shall become invalid unless the work on the site authorized by such
permit is commenced within 12 months after its issuance, or if the work authorized on the
site by such permit is suspended or abandoned for a period of 180 days after the time the
work is commenced. The building official is not authorized to grant an extension.
(m) Section 106.3.3 "Phased Approval" is hereby amended to read as follows:
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The building official is authorized to issue a permit for the construction of the foundation
of a building only after the documents for the whole building or structure have been
submitted and approved by the appropriate referral agencies. The holder of a foundation
permit shall proceed at the holder's own risk without assurance that a permit for the entire
structure will be granted.
(n) Section 108.1 "Payment of fees' is hereby amended to read as follows:
A permit shall not be valid until the fees prescribed by Section 2.12.100 of the Municipal
Code of the City of Aspen are paid in full.
(o) Section 109.3.1 "Other Inspections" is hereby amended to read as follows:
[The section shall remain as is except that the last sentence shall read:] Other inspections
shall include but not be limited to line-grade verification and snow melt insulation and
controls.
(p) Section 109.3.10 "Final Inspection" is hereby amended to read as follows:
The final inspection shall be made after all work required by the building permit is
completed and all applicable referral agencies have accepted the work to comply with
conditions of approval and any specific regulations.
(q) Add Section 109.7 Reinspections. A reinspection fee may be assessed when an
inspection is called for and the work is not complete, required corrections are not made,
field copy of approved plans is not readily available to the inspector, work is not
accessible or for deviating from approved plans.
(r) Section 110.3 "Temporary Occupancy" is hereby deleted and replaced to read as
follows:
Section 110.3 Conditional occupancy. The building official is authorized to issue a
conditional certificate of occupancy before the completion of the entire work covered by
the permit or conditions of approval, provided that portions of the building shall be
occupied safely. The conditional certificate of occupancy shall clearly state the portions
of the building that may be occupied, the conditions that must be met and a time period
during which the conditional certificate of occupancy is valid
(s) Section 112.1 "Board of Appeals, General" is hereby amended to read as follows:
[The section shall remain as is except that the last sentence shall read:] The Building
Code Board of Appeals shall possess that authority as provided in the Municipal Code of
the City of Aspen 8.08.
(t) Section 406.4.2 "Ventilation" is hereby amended to read as follows:
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A mechanical ventilation system shall be provided in accordance with the International
Mechanical Code or an alternate design appropriate to cold climate conditions and
meeting acceptable CO levels may be proposed as an alternate design method.
NOTE: Unless specifically addressed below m~y sections designated by [F! may be
amended by the Fire Marshal in the Municipal Code of the City of Aspen 11.04.
(u) Section [FI 903.2 "Where required" is hereby amended to read as follows:
[The section shall remain as is except that the last sentence shall read:] ...in this Section
and in all structures 5,000 square feet or greater as defined by fire area (Section 702.1)
and R occupancy structures with four (4) or more dwelling units and two (2) or more
stories high.
(v) Section [F] 907.2.9 "Group R-2" is hereby amended to read as follows:
A manual fire alarm system shall be installed in Group R-2 occupancies where:
1. Any dwelling unit or sleeping unit is located two or more stories above the lowest
level of exit discharge:
2. [Remains as is]
3. Th9 building contains more than three dwelling units or sleeping units.
(w) Add Section 1504.8 Snow shed design. - Roofs shall be designed so that they do
not shed ice and snow onto potentially occupied areas such as a walkway, stairway, alley,
deck, pedestrian and vehicular exits from buildings or areas where there is potential for
personal injury or property damage and areas directly above or in front of gas utility or
electric utility meters.
Exception: Mechanical barriers installed to roof framing members or solid blocking
secured to framing in accordance to manufacturers instructions.
(x) Section 1507.2.8.2 "Ice dam membrane" is hereby amended to read as follows:
An ice dam ban-ier that consists of at least two layers of underlayment cemented together
or of a self-adhering polymer modified bitumen sheet shall be used in lieu of normal
underlayment and shall extend from the roof eave edge at least six feet inside the exterior
wall line as measured along the roof surface, twenty-four inches from the centerline of the
valley and up twenty-four inches on the vertical wall at a roof and wall juncture.
(y) Section 1607.2 "Ground snow loads" is hereby amended to read as follows:
The ground snow load to be used in determining the snow loads for roofs shall be 75
pounds per square foot in the City of Aspen.
(z) Section 1612.3. Insert: City of Aspen for [NAME OF JURISDICTION]
(aa) Section 1612.3. Insert: June 4, 1987 for [DATE OF ISSUANCE]
(bb) Section 1805.2.1 item #I "Frost protection" is hereby amended to read as follows:
Frost protection depth shall be thirty-six (36) inches.
(cc) Section 1807.4.3 "Drainage discharge" is hereby amended as follows:
Delete Exception
(dd) Add Section 2111.1.1 Fireplaces allowed. The number of fireplaces allowed shall
be determined by the Municipal Code of the City of Aspen Section 13.08.070.
(ee) Add Section 3001.5 Permits reqnired. Elevator permits and inspections are required
through the Northwest Colorado Council of Governments (NWCCOG).
(ff) Section 3409.2: Insert: [DATE 1N ONE LOCATION]
Section 2.
That Section 8.16 of the Municipal Code of the City of Aspen, Colorado adopting
the 2003 edition of the International Residential Code is enacted to read as follows:
Section 8.16.010 Adoption of the 2003 Edition of the International Residential
Code.
Pursuant to the powers 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 contained in
the International Residential Code, 2003 Edition, including Appendix E, F, H, J
and K as published by the International Code Council, 4051 West Flossmoor Road,
Country Club Hills, Illinois, 60478-5795, except as otherwise provided by
amendment or deletion as contained in Section 8.20.020 of this chapter. At least
one (1) copy of the International Residential Code shall be available for inspection
during regular business hours. (Ord. No. 55-1999 § 2 (part))
Section 8.16.020 Amendments
The International Residential Code, 2003 Edition, as adopted by the City of Aspen
at Section 8.20.010 is hereby amended to read as follows:
(a) Section R101.1 Insert: City of Aspen for [NAME OF JURISDICTION]
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(b) Section R102.7 '~Existing Structures" is hereby amended and to read as follows:
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 this code, the
International Existing Building Code or as is deemed necessary by the building official
for the general safety and welfare of the occupants and the public.
(c) Section R103 DEPARTMENT OF BUILDiNG SAFETY is hereby amended and to
read as folloxvs:
SECTION 103 DIVISION OF BUILDING SAFETY
Section 103.1 The Division of Building Safety is hereby created and the official ~n
charge thereof shall be known as the building official.
(d) Section R104.6 "Right of Entry" is hereby amended to read as follows:
[The section shall remain as is except that the last sentence shall read:] If entry is refused.
or 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 building or premises.
(e) Section R104.8 "Liability" is hereby amended to read 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 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 enforcemen~
agency, any employee thereof, or City of Aspen be held as assmuing any such
responsibility or liability by reason of the adoption of this code or by the exercise of
inspections authorized and carried out hereunder, or by the issuance of any permits or
certificates issued pursuant to this code.
(f) Section R105.3.2 "Time limitation of application" is hereby amended to read as
follows:
An application for any proposed work shall be deemed to have been abandoned six (6)
months after the date of filing, unless such application has been pursued in good faith or a
permit has been issued. The building official is authorized to grant on extension not
exceeding six (6) months. The extension shall be requested in writing and justifiable
cause demonstrated.
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(g) Section R105.5 "Expirationr is hereby amended and to read as follows:
Every permit issued shall become invalid unless the work on the site authorized by such
permit is commenced within 12 months after its issuance, or if the work authorized on the
site by such permit is suspended or abandoned for a period of 180 days after the time the
work is commenced. The building official is not authorized to grant an extension.
(h) Section R106.3.3 "Phased Approval" is hereby amended to read as follows:
The building official is authorized to issue a permit for the construction of the foundati6n
of a building only after the documents for the whole building or structure have been
submitted and approved by the appropriate referral agencies. The holder of a foundation
permit shall proceed at the holder's own risk without assurance that a permit for the entire
structure wilI be granted.
(i) Section R108.1 "Payment of fees" is hereby amended and to read as follows:
A permit shall not be valid until the fees prescribed by Section 2.12.100 of the Municipal
Code of the City of Aspen are paid in full.
(j) Section R109.3.1 "Other Inspections" is hereby amended and to read as follows:
[The section shall remain as is except that the last sentence shall read:] Other inspections
shall include but not be limited to line-grade verification and snow melt insulation and
controls.
(k) Section R109.3.10 "Final Inspection" is hereby amended to read as follows:
The final inspection shall be made after all work required by the building permit is
completed and all applicable referral agencies have accepted the work to comply with
conditions of approval and any specific regulations.
(1) Add Section R109.5 Reinspections. A reinspection fee may be assessed when an
inspection is called for and the work is not complete, required corrections are not made,
field copy of approved plans is not readily available to the inspector, work is not
accessible or for deviating form approved plans.
(m) Section 110.4 "Temporary Occupancy" is hereby deleted and replaced to read as
follows:
Section Rl10.4 Conditional occupancy. The building official is authorized to issue a
conditional certificate of occupancy before the completion of the entire work covered by
the permit or conditions of approval, provided that portions of the building shall be
occupied safely. The conditional certificate of occupancy shall clearly state the portions
8
of the building that may be occupied, the conditions that must be met and a time period
during which the conditional certificate of occupancy is valid.
(n) Section R112.1 "Board of Appeals, General" is hereby amended to read as follows:
[The section shall remain as is except that the last sentence shall read:] The Building
Code Board of Appeals shall possess that authority as provided in the Municipal Code of
the City of Aspen 8.08.
(o) R202 Definitions. Habitable Space is hereby amended. The definition shall remain
as written, with this sentence appended to the end: Unfinished basements are considered
habitable space.
(p) Table R301.2(1) shall read as follows:
Ground snow load
Wind speed
Seismic design category
Weathering
Frost line depth
Termite
Decay
Winter design temp
Ice shield underlayment required
Flood hazards
Air freezing index
Mean annual temperature
90/B
C
Severe
36"
None to slight
None to slight
-16
Yes
2000
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(q) Section 303.6 Stairway illumination is hereby amended to define "exterior stairs", as
applies to this section, as those stairs outside the perimeter walls of the building which
serve any exit from the building or serve as access to the public right of way. Exterior
stairs used for landscape purposes are not subject to the requirements of this section
except as required above.
(r) Add Section R324 Automatic fire sprinkler systems to read as follows:
Automatic fire sprinkler systems are required in all structures 5,000 square feet or greater
as defined by fire area ( IBC section 702.1) and in structures two stories or more in height
and containing four (4) or more dwelling units. Fire separations shall not constitute
separate buildings for this purpose.
(s) Add Section R903.5.1 Snow shed design. - Roofs shall be designed so that they do
not shed ice and snow onto potentially occupied areas such as a walkway, stairway, alley,
deck, pedestrian and vehicular exits from buildings or areas ~vhere there is potential for'
9
personal injury or property damage and areas directly above or in front of gas utility or
electric utility meters.
Exception: Mechanical barriers installed to roof framing members or solid blocking
secured to framing in accordance to manufacturers instructions.
(t) Section R905.2.7.1 "Ice protection" is hereby amended and to read as follows:
An ice dam barrier that consists of at least two layers of underlayment cemented together
or of a self-adhering polymer modified bitumen sheet shall be used in lieu of normal
underlayment and shall extend from the roof eave edge at least six feet inside the exterior
wall line as measured along the roof surface, twenty-four inches from the centerline of the
valley and up twenty-four inches on the vertical wall at a roof and wall juncture.
(u) Add Section RI003.1.1 Fireplaces allowed. The number of fireplaces allowed shall
be determined by the Municipal Code of the City of Aspen Section 13.08.070.
(v) Delete Chapter 11 in its entirety and replace to read as follows:
Chapter 11 Energy Effeciency The provisions of the most current version of the "City
of Aspen Energy Conservation Code" shall apply to all matters governing the design and
construction of buildings for energy efficiency:
(w) Section G2425.8 item #7 is hereby amended and to read as follows:
Unvented room heaters are not allowed.
(x) Section G2445 Unvented room heaters is hereby amended and to read as follows:
[delete entire section and replace with the following} G2445.1 General Unvented room
heaters are not allowed.
(y) Section P3103.1 Roof extension. Shall read as follows:
All open vent pipes which extend through a roof shall be terminated at least 12 inches
above the roof or 6 inches above the anticipated snow accumulation, except where a roof
is to be used for any purpose other than weather protection, the vent extensions shall be
run at least 7 feet above the roof.
Section 3.
That Section 8.12.060 of the Municipal Code of the City of Aspen, Colorado establishing
fees for the Building Code Board of Appeals is amended to read as follows:
(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 International Building Code.
10
(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 International Building Code, with the exception of Type I and
Type II buildings. 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 International Building Code.
(c) General Contractor (Light Commercial). This classification qualifies the holder to
contract for the construction, alteration, or repair of Groups A-2, A~3, B, E, M, R, S-
1, S-2 and U Occupancies with the exception of Type I and Type II buildings as
permitted by the International Building Code.
(d/ Genera] Contractor [Home Builder~. This classification qualifies the holder for the
construction, alteration, or repair of buildings regulated by the International
Residential Code.
(el Specialty. This classification qualifies the holder to contract for work involving
specialty trades regulated by the International Codes. including the following:
(1 ~ Alteration and maintenance:
(2) Drywall:
(3) Fire alarm svstem installation:
(4) Fire sprinkler system installation;
(5) Historic specialty contractor
(6) Insulation:
(7) Mechanical contractor:
(8) Roofing;
(9) Solid fuel and gas appliance;
(10) Temporary contractor.
(fl For the purposes of this section a contractor or sub-contractor hired specifically
for one job may be issued a temporary contractors license. It shall only be valid for
six months. The applicant for a temporary contractors license shall only be required
to complete an application, no testing shall be required. Only one temporary
comractors license can be applied for within one year. (Ord. No. 55 § 1 (part))
Section 8.12.110 of the Municipal Code of the City of Aspen. Colorado establishing fees
for the contractor's licenses is amended to read as follows:
"Holders of contractor's licenses shall be required to pay a fee as established by
the Municipal Code of the City of Aspen 2.12.100".
Section 8.12.280 of the Municipal Code of the City of Aspen. Colorado establishing an
application fee for testing and processing is amended to read as follows:
"Applicants for contractor's licenses testing shall be required to pay a fee as
established by the Municipal Code of the City of Aspen fee2.12.100".
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Section 8.12.370 of the Municipal Code of the City of Aspen, Colorado establishing fees
for the contractor's licenses is amended to read as follows:
"Holders of contractor's licenses shall be required to pay a fee as established by
the Municipal Code of the City of Aspen 2.12.100".
Section 4.
That Section 8.24 of the Municipal Code of the City of Aspen, Colorado adopting the
National Electrical Code, most current edition and Uniform Administrative Code
Provisions for the National Electrical Code, most current edition be is hereby repealed
and reenacted to read as follows:
Section 8.24.010 Adoption of the National Electrical Code, most current edition,
and the International Code Council Electrical Code Administration Provisions, most
current edition.
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 herein by reference as if fully
set forth those regulations contained in the National Electrical Code, most current edition,
published by the National Fire Protection Association, Batterymarch Park, Quincy,
Massachusetts, 02269, and the International Code Council Electrical Code
Administration Provisions, most current edition, published by the International Code
Council, 4051 West Flossmoor Road, Country Club Hills, Illinois, 60478-5795, except as
otherwise provided by amendment or deletion as contained in Section 8.24.020 of this
chapter. At least one (1) copy of the National Electrical Code and the International Code
Council Electrical Code Administration Provisions, most current edition, adopted by the
State of Colorado, 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. (Code
1962, § 4-2-1; Ord. No. 46-1968; Ord. No. 55-1974, § 1; Ord. No. 2-1978, § 1; Ord. No.
21-1991, § 1; Ord. No. 42-1993, § 1; Ord. No. 53-1994, § 26; Ord. No. 4-1996, § 1: Code
1971, § 7-156)
Section 8.24.020 Amendments
(a) Section 101.1 Insert: City of Aspen for [NAME OF JURISDICTION]
(b) Section 301 DEPARTMENT OF ELECTRICAL INSPECTION is hereby amended
and to read as follows:
SECTION 301 ELECTRICAL INSPECTOR FOR THE DIVISION OF BUILDING
SAFETY
Section 301.i Creation of electrical inspector. The Electrical Inspector for the
Division of Building Safety is hereby created and the official in charge thereof shall
12
be known as the building official. The fm~ction of the electrical inspector is to assist
the building official in the administration and enforcement of the provisions of this
code.
Section 301.2 Appointment. The building official of the jurisdiction shall appoint the
electrical inspector.
(c) Section 401.3 "Work exempt from permit" is hereby amended by deleting item 5:
[delete] 5. Electrical wiring, devices appliances, apparatus or equipment operating at
less than 25 volts and not capable of supplying more than 50 watts of energy.
(d) Section 404.2 "Schedule of permit fees" is hereby amended and to read as follows:
A permit shall not be valid until the fees prescribed by Section 2.12.100 of the Municipal
Code of the City of Aspen are paid in full.
(e) Chapter 11 is deleted in its entirety and shall read as follows:
Section 1101. Appeals shall be in accordance with Section 8.08 of the Municipal Code of
the City of Aspen.
The following general amendments are made to the provisions of the National
Electrical Code, most current edition, herein adopted by reference:
(a) All 125 volt, single phase, 15 and 20 ampere receptacles to serve counter top
spaces installed within six (6) feet of a sink, shall have ground-fault circuit
interrupter protection for personnel.
(b) Ail storage areas and similar rooms in Residential Occupancies shall have
surface mounted lighting fixtures with a maximum lighting capability of 1 watt per
square foot amd 1 duplex outlet per 100 square feet of floor area or fraction thereof.
(c) Article 210-52(d).Bathrooms. In dwelling units, at least one wall receptacle
outlet shall be installed in bathrooms within 36 in. (914mm) of the outside edge of
each basin., The receptacle outlet shall be located on a wall that is adjacent to the
basin and within 12 in of the top of the basin. See Section 210-8(a)(1).
(d) Receptacle outlets shall not be installed in a face up position in the work
surfaces or countertops in a bathroom basin location. (Ord. Nol 55-1999 § 3 (part))
Section 5.
That Section 8.28 of the Municipal Code of the City of Aspen, Colorado adopting the
2003 edition of the International Fuel Gas Code by and is hereby enacted to read as
follows:
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Section 8.16.010 Adoption of the 2003 Edition of the International Fuel Gas
Code.
Pursuant to the powers 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 contained in
the International Fuel Gas Code, 2003 Edition, as published by the International
Code Council, 4051 West Flossmoor Road, Country Club Hills, Illinois, 60478-
5795, except as otherwise provided by amendment or deletion as contained in
Section 8.16.020 of this chapter. At least one (1) copy of the International Fuel Gas
Code shall be available for inspection during regular business hours. (Ord. No. 55-
1999 § 2 (part))
Section 8.16.020 Amendments
The International Fuel Gas Code, 2003 Edition, as adopted by'the City of Aspen at
section 8.20.010 is hereby amended to read as follows:
(a) Section 101.1(IFGC) Insert: City of Aspen for [NAME OF JURISDICTION]
(b) SECTION 103(IFGC) DEPARTMENT OF iNSPECTION is hereby amended and to
read as follows:
SECTION 103 DIVISION OF BUILDING SAFETY
Section 103.1 The Division of Building Safety is hereby created and the official in
charge thereof shall be known as the bui!ding official.
(c) Section 106.5.2 "Fee schedule" is hereby amended and to read as follows:
A permit shall not be valid until the fees prescribed by Section 2.12.100 of the Municipal
Code of the City of Aspen are paid in full.
(d) Section 106.5.3 Fee refunds. Insert: 80% for [SPECIFY PERCENTAGE]
(e) Section 109 (IFGC) Means of Appeal is deleted in its entirety and shall read as
follows:
Section 109.1 Appeals shall be in accordance with SectiOn 8.08 of the Municipal Code of
the City of Aspen.
Section 6.
That Section 8.32 of the Municipal Code of the City of Aspen, Colorado adopting the
1997 edition of the Uniform Housing Code by and is hereby repealed and shall read as
follows:
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Section 8.32.010 Adoption of the International Existing Building Code, 2003
Edition.
Pursuant to the powers 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 contained in
the International Existing Building Code. 2003 Edition. as published by the
International Code Council. 4051 West Flossmoor Road. Country Club Hills.
Illinois, 60478-5795. except as otherwise provided by amendment or deletion as
contained in Section 8.16.020 of this chapter. At least one (D copy of the
International Existing Building Code shall be available for inspection during
regular business hours fOrd. No. 55-1999 § 2 (part)~
Section 8.32.020, Amendments.
The International Existing Building Code, 2003 Edition as adopted by the City of
Aspen at section 8.32.010. is hereby amended to provide and read as follows:
fa) Section 10 I. 1 Insert: City of Aspen for [NAME OF JURISDICTION]
(b) SECTION 103 DEPARTMENT OF BUILDiNG SAFETY is hereby amended and to
read as follows:
SECTION 103 DIVISION OF BUILDiNG SAFETY
Section 103.1 The Division of Building Safety is hereby created and the official in
charge thereof shall be known as the building official
(c) Section 104.6 "Right of Entry" is hereby amended and to read as follows:
[The section shall remain as is except that the last sentence shall read:] If entry is refused,
or 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 building or premises.
(d) Section I04.8 "Liability" is hereby amended and to read 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 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
15
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 hereunder, or by the issuance of any permits or
certificates issued pursuant to this code.
~e~ Section 105.3.2 "Time limitation of application" is hereby amended and to read as
follows:
An application for any proposed work shall be deemed to have been abandoned six (6~
months after the date of filing, unless such application has been pursed in good faith or a
permit has been issued. The building official is authorized to grant on extension not
exceeding six (63 months. The extension shall be requested in writing and justifiable
cause demonstrated.
(f~ Section 105.5 "Expiration" is hereby amended and to read as follows:
Every permit issued by the building official under the provisions of this code shall expire
twelve (12~ months after the date of issue.
Section 106.3.3 ~'Phased Approval" is hereby amended and to read as follows:
The building official is authorized to issue a permit for the construction of the foundation
of a building only after the documents for the whole building or structure have been
submitted and approved by the appropriate referral agencies. The holder of a foundation
permit shall proceed at the holder's own risk without assurance that a permit for the entire
structure will be granted.
(h~ Section 110.3 "Temporary Occupancy" is hereby deleted and replaced to read as
follows:
Section 110.3 Conditional occupancy. The building official is authorized to issue a
conditional certificate of occupancy before the completion of the entire work covered by
the permit or conditions of approval, provided that portions of the building shall be
occupied safely. The conditional certificate of occupancy shall clearly state the portions
of the building that may be occupied, the conditions that must be met and a time period
during which the conditional certificate of occupancy is valid
(i) Section 1 i2.1 "Board o£Appeals. General" is hereby amended and to read as follows:
IThe section shall remain as is except that the last sentence shall read:] The Building
Code Board of Appeals shall posses that authority as provided in the Municipal Code of
the City of Aspen 8.08.
Section 7.
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That Section 8.36 of the MUnicipal Code of the City of Aspen, Colorado adopting the
1997 edition of the International Plumbing Code is hereby repealed and reenacted to read
as follows:
8.36.010 Adoption of the International Plumbing Code, 2003 Edition.
Pursuant to the powers 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 contained
in the International Plumbing Code, 2003 Edition, including Appendix C, E and F
as published by the International code Council, 4051 West Flossmoor Road,
Country Club Hills, Illinois, 60478-5795, except as otherwise provided by
amendment or deletion as contained in Section 8.16.020 of this chapter. At least
one (1) copy of the International Plumbing Code shall be available for inspection
during regular business hours. (Ord. No; 55-1999 § 2 (part))
Section 8.16.020, Amendments.
The International Plumbing Code, 2003 Edition as adopted by the City of Aspen
at section 8.16.010, is hereby amended to provide and read as follows:
(a) Section 101.1 Insert: City of Aspen for [NAME OF JURISDICTION]
(b) SECTION 103 DEPARTMENT OF PLUMBiNG iNSPECTION is hereby amended
and to read as follows:
SECTION 103 DIVISION OF BUILDING SAFETY
Section 103.1 The Division of Building Safety is hereby created and the official in
charge thereof shall be known as the building official.
(c) Section 104.8 "Liability" is hereby amended and to read 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 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
inspectio,ns authorized and carried out hereunder, or by the issuance of any permits or
certificates issued pursuant to this code.
17
(d) Section 104.5 "Right of Entry" is hereby amended and to read as follows:
[The section shall remain as is except that the last sentence shall mad:] If entry is refused,
or 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 building or premises.
(e) Section 106.5.3 "Expiration" is hereby amended and to read as follows:
Every permit issued by the building official m~der the provisions of this code shall expire
twelve (12) months after the date of issue.
(f) Section 106.5.4 "Extension" is hereby amended and to read as follows:
No extensions will be granted.
(g) Section 106.6.2 '~Fee schedule" is hereby amended and to read as follows:
A permit shall not be valid until the fees proscribed by Section 2.12.100 of the Municipal
Code of the City of Aspen are paid in full.
(h) Section 106.5.3 Fee refunds. Insert: 80% for [SPECIFY PERCENTAGE]
(i) Section 109 Means of Appeal is deleted in its entirety and shall read as follows:
Section 109.1 Appeals shall be in accordance with Section 8.08 of the Municipal Code Of
the City of Aspen.
(j) Section 305.6.1 Sewer Depth. Insert 48 for [NUMBER]
(k) Table 702.3 Building Sewer Pipe is amended ro delete "Vitrified clay pipe" as an
allowed material.
(1) Section 904.1 Roof Extension. Insert 12 for [NUMBER]
Section 8.
That Section 8.44 of the Municipal Code of the City of Aspen, Colorado adopting
the 1997 edition of the Uniform Mechanical Code, be and is hereby repealed and
reenacted to read as follows:
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Section 8.44:010 Adoption of the 2003 Edition of the International Mechanical
Code.
Pursuant to the powers 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 frilly set forth those regulations contained in
the International Mechanical Code, 2003 Edition, as published by the International
Code Council, 4051 West Flossmoor Road, Core, try Club Hills, Illinois, 60478-
5795, except as otherwise provided by amendment or deletion as contained in
Section 8.44.020 of this chapter. At least one (1) copy of the IntemationaI
Mechanical Code shall be available for inspection during regular business hours.
(Ord. No. 55-I999 § 2 (part))
Section 8.44.020, Amendments.
The International Mechanical Code, 2003 Edition as adopted by the City of Aspen
at section 8.44.010, is hereby amended to provide and read as follows:
(a) Section 101.1 Insert: City of Aspen for [NAME OF JURISDICTION]
(b) SECTION 103 DEPARTMENT OF MECHANICAL iNSPECTION is hereby
amended and to read as follows:
SECTION 103 DIVISION OF BUILDiNG SAFETY
Section 103.1 General. The Division of Building Safety is hereby created and the
official in charge thereof shall be known as the building official.
(c) Section 103.4 "Liability" is hereby amended and to read 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 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.
]'his 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
~nspections authorized and carried out hereunder, or by the issuance of any permits or
certificates issued pursuant to this code.
(d~ Section 104.5 "Right of Entry" is hereby amended and to read as follows:
19
[The section shall remain as is except that the last sentence shall read:] If entry is refused,
or 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 building or premises.
(e) Section 106.4.3 "Expiration" is hereby amended and to read as follows:
Every permit issued by the building official under the provisions of this code shall expire
twelve (12) months after the date of issue.
(f) Section 106.4.4 "Extension" is hereby amended and ro read as follows:
No extensions ~vill be granted.
(g) Section 106.5.2 "Fee schedule" is hereby amended and to read as follows:
A permit shall not be valid until the fees prescribed by Section 2.12.100 of the Municipal
Code of the City of Aspen are paid in full.
(h) Section 106.5.3 Fee reftmds. Insert: 80% for [SPECIFY PERCENTAGE]
(i) Section 109 Means of Appeal is deleted in its entirety and shall read as follows:
Section 109.1 Appeals shall be in accordance with Section 8.08 of the Municipal Code of
· the City of Aspen.
(j) Add Section 901.5. Fireplaces allowed. The number of fireplaces allowed shall be
determined by the Municipal Code of the City of Aspen section 13.08.070
(k) Section 903.3 "Unvented gas log heaters" is amended to read as follows:
Unvented gas log heaters are prohibited.
20
Section 9
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any
reason held invalid or unconstituti6nal in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall noI affect the
validity of the remaining portions thereo£
Section 10
This ordinance shall not effect any existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances
repealed or amended as herein provided, and the same shall be conducted and concluded
under such prior ordinances.
Section 11
A public hearing on the ordinance shall be held on the 8 th day of December. 2003 at 5:00
PM in the City Council Chamber, 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 24th day of November 2003.
ATTESTS' ~-
~ity Clerk -
FINALLY adopted, passed and approved this
ATTEST:
__day of ~--~03.
Kathryn S. ~/och¥ City Clerk
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