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HomeMy WebLinkAboutordinance.council.055-99 ORDiNANCE NO. Series of 1999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, ADOPTiNG 1997 EDITION OF THE UNIFORM BUILDING CODES, VOLUMES I, II, III, 1997 EDITION; THE ASPEN/PITKIN COUNTY ENERGY CONSERVATION CODE, 1999 EDITION; THE NATIONAL ELECTRICAL CODE, MOST CURRENT EDITION; THE UNIFORM ADMiNISTRATIVE CODE PROVISIONS FOR THE NATIONAL ELECTRICAL CODE, MOST CURRENT EDITION; THE UNIFORM HOUSING CODE, 1997 EDITION; THE iNTERNATIONAL PLUMBING CODE, 1997 EDITION; THE UNIFORM MECHANICAL CODE, 1997 EDITION; THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1997 EDITION; THE UNIFORM CODE FOR BUILDING CONSERVATION, 1997 EDITION. 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. That Section 8.12 of the Municipal Code of the City of Aspen, Colorado adopting the Contracting Licensing Regulations, be and is hereby repealed and reenacted to read as follows: 8.12.010 Compliance with article required.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 by the Chief Building Official or neglect to pay any fee assessed by the Chief Building Official. 8.12.020 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 the Aspen Municipal Code, including but .,~'~ not limited to the Land Use Code, the UnifOrm Building Code and related Uniform Codes as adopted, and the Colorado Revised Statutes; 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 Aspen Municipal Code, including but not limited to the Land Use Code, and the Uniform Building Code and Uniform Codes as adopted; (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; 2 (8) Contracting for or performing consuuction 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. (13) Failure to obtain and maintain a current Pitkin County Use Tax license through the county Finance office. 8.12.030 Issuance of permits only to license holders or agents, and owner-builders. (a) On any work reqmring a building permit(s), the permit(s) shall be issued only to licensed contractors, authorized representatives of licensed contractors, and owner- builders. (b) For purposes of this article, an "owner-builder" is an individual personally engaged in the construction (new or remodel) of a single-family residence or accessory, building for his or her own use. The following requirements shall apply to owner-builders seeking permits for construction: (1) The owner-builder shall not be issued more than one building permtt for new home construction in any two year period and not more than one building permit at a time; (2) The owner-builder has read applicable regulations and provismns of this article and applicable state law and affirmed in writing that the proposed project will comply with all such requirements; (3) It is the responsibility of the owner-builder to see that ail paid personnel shall be covered by workman's compensation insurance as required by state law; (4) The owner-buildei must be present at the work site during all inspections and conferences with the Building Division, unless pnor arrangements have been made with the building officials. 3 In the event that any of the above listed requirements are not met at any time during the course of a permitted project, the chief building official may suspend or revoke the owner-builder's permit. In the case of a suspended building permit the owner- builder shall have a reasonable time to correct the problem. If not corrected within the time period, the permit may be revoked. In the case of either a suspended or revoked building permit, the owner-builder may ask for a review m the next scheduled Building Code Board of Appeals meeting. 8.12.040 Compliance with law and supervisory clauses as required. All licenses enumerated in this division shall be issued by the chief building official in accordance with the provisions of this Code, and shall be subject to the supervisory clauses contained in this division. The chief building official is authorized to administer tests for the licenses and owner-builders as required by this division, as per the standards and regulations promulgated by the Board of Examiners for Standardized Testing. The chief building official is further authorized to recogmze, for purposes of contractor licensing and owner builder permits, results of tests administered by other jurisdictions. 8.12.050 Approval of building official 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) All persons having valid licenses with the Community Development Departmem to engage ~n the aforementioned trades, jobs, or contractual services, shall not be required m be examined by the Chief Building Offici. al. 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 county. 8.12.060 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 I Commercial). This classification qualifies the holder ro contract for the construction of any structure of any type of construction and 4 occupancy group as permitted by the Uniform Building Code, with the exception of Type I and Type 1I 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, M, R, S-3 or U occupancy group of any type of construction with the exception of Type I and Type 11 fire-resistive construction as permitted by the Uniform Building Code. (dl General Contractor (Home Builde0. This classification qualifies the holder for the construction, alteration, or repair of R-3 and U occupancies of type V-N Construction. (e) Specialty. This classification qualifies the holder to contract for work involving specialty trades regulated by the Unifonn Codes, including the following: (1) Alteration & Maintenance; (2) Structural Wood Framing; (3) Concrete; (4) Drywall; (5) Excavation; (6) Fire Alarm System Installation; (7) Fire Sprinkler System Installation; (8) Insulation; (9) Structural Masonry; (10) Mechanical Contractor; (11) Roofing; (12) Solid Fuel & Gas Appliance: (13) Structural Steel Erection; (14) Temporary Contractor (f) 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 thirty days. The applicant for a Temporary Contractors License shall only be required m complete an application, no testing shall be required. Only one Temporary Contractors License can be applied for within one year. 8.12.070 Application for licensees who employ qualified supervisors. (a) Each individual who acts as a supervisor on any work for which a permit ~s required must be tested in accordance with the provisions of this article for the work proposed to be done, 5 8.12.080 Examination fee. Applications for licenses required by this article shall be accompanied by a fee of twemy dollars ($20.00) to cover the costs of processing if examination is required. 8.12.090 Examinations. (a) The chief building official~ before issmng 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 county is a party to an intergovernmental agreement regarding recognition of such test resuks. (b) Examinations shall be given at reasonable intervals. 8.12.100 Insurance. (al 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 mimmum 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. 8.12.110 Annual Fees. Holders of contractors' licenses issued by the County shall pay a registration fee according to the following classifications: Class Fee Renewal General Contractor (Unlimited) $220.00 $165.00 General Contractor (Commercial) $220.00 $165.00 General Contractor (Light Commercial $220.00 $165.00 General Contractor (Homebuilder) $83.00 $54.00 Specialty (Subcontractors) $83.00 $54.00 Temporary Contractor $50.00 N/A 8.12.120 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 article or who is delinquent in the payment of annual license fees. or use taxes, or whose license has been suspended or revoked by action of the chief building official. 6 Co) A licensed contractor may apply for and be issued permits to only such work as he or she is 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 penmt or license issued on the basis of such fraudulent application shall be null and void. 8.12.130 State license required. All 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, .iob, or contractual service within the unincorporated county. 8.12.140 Registration of electrical and plumbing e~ontraetors. As a condition of performing services witlfin the county, 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. 8.12.150 Appeals. Appeals of any final decision of the Building Official may be made pursuant to the bylaws of the Building Code Board of Appeals. Section 2. That Chapter 8.20 of the Municipal Code of the City of Aspen, Colorado adopting the Uniform Building Code and Uniform Building Code Standards, be and is hereby repealed and reenacted to read as follows: Section 8.20.010 Adoption of the 1997 Edition of the Uniform Building Code, Volumes I, II, and III. 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, 1997 Edition, including Appendix Chapter, 3 Division II, Chapter 4 Division II, Chapter 11 Division II, Chapter 12 Division I, II, Chapter 13, Chapter 15, Volume II Appendix Chapter 16 Division I, Chapter 18, Chapter 31 Divisions I, II, and Chapter 33, and the Uniform Building Code Standards, 1997 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 8.20.020 of this chapter, At least one (1) copy of the Uniform Building Code, Volumes I, II, and III shall be available for inspection during regular business hours. 8.20.020. Amendments. The Uniform Building Code, 1997 Edition, as adopted by the City of Aspen at section 8.20.010, is hereby amended to read as follows: (a) Section 104.2.3 "Right 'of Entry" is hereby amended to read as follows: 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, or no person having charge or control over the building or premises can be located, the building official shall obtain a warrant from the Pitkin County Cour~ authorizing the building official to make entry onto the building or premises. (b) Section 104.2.6 "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 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 ~o this code. (c) Section 105. I "General" and 105.2 "Limitations of Authority" are amended to read as follows: Section 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 Divisions 2 of Article II Chapter 7 of the Municipal Code of the City of Aspen, Colorado. 8 Section 105.2 "Limitations of Authority" The Building Code 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", "9" which read as follows: Section 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 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/she shall affix his/her 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 comers; (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 provismns of section 106.3.1 (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 basemenf) 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 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 be removed and all hazardous conditions eliminated therefrom within ten (10) days after expiration of the permit. (fl Section 107.5.2 Fee" is amended to read as follows: An 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 l-A, the third time the minimum fee shall be eight (8) as set forth in Table l-A, a/nd the forth time the minimum fee shall be twelve (12) times as set forth in Table l- 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 [aw. (g) Section 107. "Fees" is amended by the addition of a new subsection 107.7 "Wavier", which shall read as follows: Section. 107.7. Waiver. All other provisions of the code to the contrary not withstanding, no building, electrical or plumbing fee, nor inspection or re-inspection fee, shall be imposed for any improvements made pursuant to the Department of Energy, 100% Affordable Housing projects within the City of Aspen, 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. (h) Section 108.2 "Inspection Record Card" is amended by the addition of the following paragraph: Section 108.2. Inspection Record Card. (add after first paragraph) 10 An address board will be required at all building sites for construction as permitted through the AsperffPitkin Building Division. The address board shall display the site address, building permit number and must be easily legible from that road that serves the driveway to the site. No inspections shall be undertaken on projects, which do not have an address board as specified herein. See UBC Section 108.3 (1997 Ed.). (i) Section. 108.5.5 is amended to read as follows: Section. 108.5.5 Lath or gypsum board inspection Only required to be made on fire-rated assemblies after all lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or before gypsum board joints and fasteners are raped and finished. (j) Section 109.1 is amended by deleting the exception. (k) Table No. I-A "Building Permit Fees" is amended to add items 6-10 under "Other Inspections and Fees" to read as follows: OTHER INSPECTIONS AND FEES: 6. Agricultural Exempt 50.00 7. Fence 50.00 8. Mobile Home 50.00 9. Moving a Building 50.00 10. Special Event 50.00 NOTE: Valuation is to be based upon curtain 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) Section 310.1 Group R Occupancies Defined, shall be amended to read as follows: Section. 310 Group R Occupancies Defined. Group R Occupancies shall be: Division 1. Hotels and apartmem 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. 11 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). (m) Section 310.2.2 Special Provisions is amended to read as follows: Section. 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 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 I 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 tn 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. 1003.3.3. (n) Section 310.4 Access and Means of Egress Facilities and Emergency Escapes is amended to read as follows: Means of egress shall be provided as specified in Chapter 10. (See also Section 1003.2.8 for exit markings.) Access to, and egress from, buildings required to be accessible shall be provided as specified in Chapter 11. Basements less than 1,000 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 1,000 square feet and greater shall add one additional approved window or door for each 1,000 square feet increment. Two or mom approved windows or doors shall conform to Sec. 1004.2.4. The emergency door or window shall be operable from the inside to provide a full, clear opening without the use of separate tools. 12 EXCEPTION: The window or door may open into an atrium complying with Section 402 provided the window or door opens onto an exit balcony and the dwelling unit or guest room has an exit which 0ocs not open into the atrium. Escape or rescue windows shall have a minimum net clear operable area of 5.7 square feet (.053m2). The mimmum net clear operable height dimensions 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 fmished sill height not more than 44 inches ( 1118 mm) above the floor. (o) Section 904.2.1 "Fire Extingu/shing Systems -- Where Required" is hereby amended to read as follows: Section 904.2.1 Where required. An automatic tim-extinguishing system shall be installed in the occupancies and locations as set forth in this section and any structure more than 5,000 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. (p) Section 1618, Volume II is amended to read as follows: Section 1618 - Basic Wind Speed The minimum basic wind speed at any site shall nor be less than 80 m.p.h. Areas where local records or terrain indicate higher 50 year (mean recurrence interval) fastest-mile wind speeds, the higher'values shall be the minimum basic wind speeds. (q) Table No. 18-1-C "Foundations for Stud Bearing Walls Minimum Requirements," is amended by the addition of footnote "6" after the word "Requirements" to read as follows: 6. 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. (r) Section 2316, Volume II - Design Specifications, Table 2.3.2 Load Duration Factors, CD 13 TABLE 2.3.2-LOAD DURATION FACTORS, CD DESIGN LOAD LOAD DURATION Co )cad Load Permanent 0.9 Floor, Occupancy Live Load Ten Years 1.0 Earthquake Load~ 1.33 Wind Load2 1.33 Impact 2.0 (s) UBC Appendix Chapter 15, Section 1515.1 is amended to read as follows: Section 1515.1 Written approval required. The Building Division does not require a permit for re-roofing done by a licensed roofing contractor when non-rated roofs are allowed by the 1997 UBC Table A-15-A. NOTE: Zoning may require review and approval of roof material in certain zones and historic districts. The Building Division will require review of roof covering material in wildfire hazard areas. Any roof work involving structure, height, or footprint changes does reqmre a permit. Roof work involving structural framing, more than one square of damaged roof deck, addition of rigid or butt insulation~ greater than 10% of existing R-value of roof assembly, or fire-resistive roof covering does require a permit. The building official may allow existing roof coverings to remain when inspection or other evidence reveals all of the following: 1. The roof structure is sufficient to sustain the weight of the additional dead load of the new roofing. 2. The roof deck is structurally sound. 3. Roof drains and drainage are sufficient to prevent extensive accumulation of water. 4. The existing roofing is secnrely attached to the deck. 5. Existing insulation is not water soaked. 6. Fire-retardant requirements are maintained. (t) UBC Appendix Chapter 16, Section 1639, Volume II - "Ground Snow Loads" is amended to read as follows: Section. 1639 Ground Snow Loads The ground snow load. P~, ro be used in the determination of design snow loads for buildings and other structures shall be determined by the following formula: P~ -- Pr/C~ I (40-1-1) 14 (u) UBC Appendix Chapter 16, Section 1640, Volume II - "Roof Snow Loads" is amended to read as follows: Section. 1640 Roof Snow Loads The value of roof (or other members) snow load, Pr shall be equal to the "recommended basic snow load" as defined in the "1989 Survey of Colorado Building Departments" prepared and published by the "Structural Engineers Association of Colorado", latest edition. The roof snow load for the City of Aspen is 75 p.s.f.: Delete balance of Section 1640 (v) Appendix Chapter 30 Section 3011.5 fees shall be amended to'read as follows: 3011.5 Fees. Elevator inspection fees are established and collected by the Northwest Colorado Council of Governments. (w) Appendix Chapter 13 Section 1302.2 is amended to read as follows: 1302.2 1999 Aspen/Pitkin Energy Conservation Code adopted. Buildings shall be designed and built m comply with the requirements of the 1999 Aspen/Pitkin Energy Conservation Code, attached and incorporated by this reference. At least one. (1) copy of the 1999 Aspen/Pitkin Energy Conservation Code shall be available for inspection during regular business hours. The 1999 Aspen/Pitkin Energy Conservation Code adopted and incorporated by reference as Appendix Chapter 13, Section 1302.2, to the Uniform Building Code, 1999 Edition, as codified is amended as follows: CHAPTER 1 ADMINISTRATION SECTION I01 - TITLE, PURPOSE, AND SCOPE 101.1 Title. These regulations shall be known as the 1999 AsperffPitkin Energy Conservation Code. may be cited as such and will be referred m herein as "this Code". 101.2 Purpose. The purpose of this code is to provide minimum standards for the conservation of energy obtained from depletable sources by regulating and controlling the design, construction, quality of materials, location and maintenance of all 15 buildings and structures within this jurisdiction and certain equipment specifically regulated herein. 101.3 Scope. The provisions of this code shall apply to all buildings for which an application for a building permit or renewal of an existing permit is filed or is required by law to be filed; and, that are either directly or indirectly conditioned by mechanical heating or mechanical cooling. EXCEPTION: Qualified "Historic Buildings" as defined in Chapter 2, Section 209 of this Code. SECTION 103 -VIOLATIONS AND PENALTIES 103.1 Violations. 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 or cause the same to be done, contrary to or in violation of any provmions of this code. 103.2 Penalties. 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 ($1,000.00), 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 promsions of this code occurs or continues unabated after the time the limit set for abatement of the violation SECTION 104 - ORGANIZATION AND ENFORCEMENT See Section 104 of the 1997 UBC. SECTION 105 - BOARD OF APPEALS See Section 105 of the 1997 UBC. SECTION 106 - PERMITS See Section 106 of the 1997 UBC. 106.1 Additional information for APECC Permits. Each application for a building permit subject to this code shall contain at least two copies of the docmnems listed below. For all new buildings and outdoor heating system eqmpment regulated by this code the applicant shall file the appropriate Certificates of Compliance with the plans. The Certificates shall indicate the features and performance specifications needed to comply with this code, and shall be approved by the Building Division by stamp and 16 authorized signature. The individual with overall responsibility for the design shall sign the Certificates of Compliance. Plans and specifications showing the characteristics of each feature, material, component, and manufactured device regulated by Chapter 3. If any characteristic of any such feature, material, component, or manufactured device is changed before the final inspection, the change shall be submitted to the Building Division. 106.2 Responsibility for Signing. Each document described in Section 106.1 shall be signed by the responsible person (RP) for its preparation. If more than one person has responsibility for building design or construction, each person may prepare and sign the document or documents applicable to that portion of the design or construction for which the person was responsible; alternatively, the person with chief responsibility for design or construction may prepare and sign the document for the entire design or construction. 106.3 Issuance of APECC permits. No permits shall be issued for any construction unless the Building Division determines in writing that the construction is designed to comply with the requirements of this code in effect on the date on which the permit application was submitted. If a building permit has expired and there has been no construction, the Building Division shall not issue a new permit unless the Building Division determines in writing that the construction is designed to comply with the requirements of this code in effect on the date the new permit is applied for. SECTION 107 - FEES The APECC review and compliance fee shall be 10% of the associated permit fee. The minimum review and compliance fee for building permits shall be $20.00. EXEPTION: Structures that comply with the Aspen Pitkin Green Program. shall have a 50% reduction in APECC energy permit fee. SECTION 108 o INSPECTIONS See Section 108 of the 1997 UBC 108.1 Energy Conservation Code inspections. The Building Division shall inspect new construction to determine whether it is consistent with approved plans and specifications, and complies with this code. Certificates of Occupancy shall not be issued until such consistency is verified. 17 SECTION 109 - CERTIFICATES OF OCCUPANCY See Section 109 of the 1997 UBC SECTION 110 - CALCULATION METHODS AND ALTERNATE COMPONENT PACKAGES 1 I0. I Public Domain Computer Program. In addition to the present approved public domain computer programs, the Chief Building Official may, upon written application or his/her own motion, approve additional public domain computer programs that may be used to demonstrate that the proposed building designs meet the reqmrements of this code. The Chief Building Official shall ensure that user's manuals or guides for each approved program are available. SECTION 111 - CERTIFICATION OF ENERGY PROFESSIONALS 111.1 Certification. Certification for designers, licensed contractors and superintendents will be available through seminars and testing approved by the Chief Building Official. As an alternate an E-StarTM rated Design Professional Certification shall be acceptable. 111.1.1 The design professional test will deal with designing for compliance and documenting compliance. Once the design professional has passed the test he/she will be Certified Energy Design Professional by the Chief Building Official. Certified Energy Design Professionals will be entitled to submit Certified Documentation of Compliance with a building permit application. Certification will exempt that application from detailed review except for random audits. Certification will be revoked if the design professional shows disregard of the regulations or if they certify documents that do not comply. 111.1.2 The licensed contractor or superintendent test will deal with building structures to maintain compliance. Once the licensed contractor or superintendent has passed the test he/she will be Certified Energy Building Professional by the Chief Building Official, as an alternate an E-StarTM rated Builder shall be acceptable. Certified Energy Building Professionals will be entitled m certify compliance for structures they build. Certification will exempt those structures from detailed ~nspections for energy code compliance except for random audits. Certification will be revoked if the Certified Energy Building Professionals show disregard of the regulations or if they certify structures that do not comply. 18 CHAPTER 2 DEFINITIONS AND ABBREVIATIONS SECTION 201 - DEFINITIONS 201 General. For the purpose of this code certain terms, phrases, words, and their derivatives shall be construed as specified in this chapter and elsewhere in this code where specific def'mitions are provided. Terms. phrases, and words used in the singular include the plural and the plural the singular, l'erms, words, and phrases used in the masculine gender include the feminine and the feminine the masculine. Terms, phrases, and words not found in Chapter 2 shall be defined as specified in Chapter 7 of the Aspen Mun/cipal Code or Title 7 of the Pitkin County Code, Terms, phrases, and words not found in either Chapter 2 of this code or Chapter 7 of the Aspen Municipal Code or Title 7 of the Pitldn County Code shall be defined in Chapter 2 of the 1997 UBC. Where terms, phrases, and words are not defined in any of the references above, they shall be defined as specified in Webster's Th/rd New International Dictionary of the English Language, Unabridged (1986 ed.), unless context requires otherwise. SECTION 202 - A ACCESSIBLE is having access thereto, but which first may require removal or opmxing of access panels, doors, or similar obstructions. ADDITION is any change to a building that increases conditioned floor area and/or conditioned volume. ALTERATION is any change to a building's water heating system, space conditioning system, or envelope that is not an addition. ALTERNATIVE CALCULATION METHODS (ACMs) are the City of AsperffPitkin County Energy Code Public Domain Computer Programs, one of the City of Aspen/Pitldn County Energy Code Simplified Calculation Methods, or any other calculation method approved by the Chief Building Official. APCDD is the AsperdPitkin Community Development Department. APPLIANCE EFFICIENCY REGULATIONS is NAECA. APPROVED BY THE CHIEF BUILDING OFFICIAL means approval under Uniform Building Code. APPROVED CALCULATION METHOD (See ALTERNATIVE CALCULATION METHODS). 19 ASPEN PITKIN GREEN PROGRAM is a guide to the green construction of homes and subdivisions, compiled by the National Association of Home Builders, ERHC, as amended and published by the Aspen/Pitkin Community Development Department Building Division SECTION 203 - B BUILDING is any structure or space for which a permit is sought. BUILDING DMSION means AspenfPitkin Community Development Department, Building Division. BUILDING ENVELOPE is the ensemble of exterior and demising partitions of a building that enclose conditioned space. SECTION 204 - C CERTIFYING ORGANIZATION is an independent organization recognized by the Chief Building Official to ceffffy manufactured devices for performance values' in accordance with procedures adopted by the Chief Building Official. CHIEF BUILDING OFFICIAL is the officer or other designated authority charged with the administration and enforcement of this code, or the Building Official's duly authorized representative. CLIMATE ZONE is the geographic areas of Pitkin County for which the ASperffPitkin Regional Building Division has jurisdiction. COMPLIANCE APPROACH means any one of the allowable methods by which design and construction of a building may be demonstrated to be m compliance with Chapter 3. CONDITIONED FLOOR AREA (CFA) is the floor area (in square feet) of enclosed conditioned space on all floors of a building, as measured at the floor level of the exterior surfaces of exterior walls enclosing the conditioned space. CONDITIONED SPACE is space in a building that is either directly conditioned or indirectly conditioned. CONDITIONED VOLUME is the total volume (in cubic feet) of the conditioned space within a building. COVERED PRODUCT is an appliance regulated by the efficiency standards established under the National Appliance Energy Conservation Act (NAECA), 42 U.S.C. Section 6291 of 1987. 20 CRAWL SPACE is an unfinished space immediately under the first floor of a building adjacent to grade less than 5'6" in height. SECTION 205 - D DECORATIVE GAS APPLIANCE is a gas appliance that is designed or installed for visual effect only, cannot burn solid wood, and simulates a fire in a fireplace. DEGREE DAY, HEATING is a unit, based upon temperature difference and time, used in estimating fuel consumption and specifying nominal annual heating load of a building. For any one day, when the mean temperature is less than 65°F, there exist, as many degree days as there are Fahrenheit degrees difference in temperature between the mean temperature for the day and 65°F. The number of degree days for use with this code is 8,850. DEMISING PARTITIONS AND WALLS are barriers that separate conditioned space from enclosed unconditioned space. DESIGN CONDITIONS are the parameters and conditions used to determine the performance requirements of space conditioning systems. Design conditions for determining design heating and cooling loads are specified in Section 305.1.7.2. DESIGN HEAT LOSS RATE is the total calculated heat loss through the building envelope under design conditions. SECTION 206 - E ENCLOSED SPACE is space that is substantially surrounded by solid surfaces. ENERGY BUDGET is the maximum amount of source energy that a proposed building, or portion of a building, can be designed to consume, calculated with the approved procedures specified in Chapter 3. ENERGY CONSERVATION STANDARDS means City of Aspen/Pitkin County Energy Conservation Code, Chapter 3. ENERGY OBTAINED FROM DEPLETABLE SOURCES is electricity purchased from a public utility, or any energy obtained f~om coal, oil, natural gas, or liquefied petroleum gases. ENERGY OBTAINED FROM NONDEPLETABLE SOURCES is energy that is not energy obtained from depletable sources. ENFORCING AGENCY is the AsperffPitldn County Community Development Department, Building Division. 21 ENTIRE BUILDING is the ensemble of all enclosed space in a build'rog, including the space for which a permit is sought, plus all existing conditioned and unconditioned space within the smacture. ENVELOPE means building envelope ERHC E-STARTM A program provided through Energy Rated Homes of Colorado which rates the energy efficiency of a structure. EXFILTRATION is uncontrolled outward air leakage from inside a building, including leakage through cracks and interstices, around windows and doors, and through any other exterior partition or duct penetration. EXISTING BUILDING is a building constructed prior to the adoption of tha Aspen/Pitldn Energy Conservation Code dated February 12, 1996. EXPOSED THERMAL MASS is mass that is directly exposed (uncovered) to the conditioned space of the building. EXTERIOR FLOOP, JSOFFIT i~ a horizontal exterior partition, or a horizontal demising partition, under conditioned space. For residential occupancies, exterior floors also include those on grade. EXTERIOR PARTITION is an opaque, translucent, or transparem solid barrier that separates conditioned space from ambient air or space that is not enclosed. For low-rise residential occupancies, exterior partitions also include barriers that separate conditioned space from unconditioned space, or the ground. EXTERIOR ROOF/CEILING is an exterior partition, or a demising partition, that has a slope less than 60 degrees from horizontal, that has conditioned space below, and that is not an exterior door or skylight. EXTERIOR ROOF/CEILING AREA is the area of the exterior surface of exterior roof/ceilings. EXTERIOR WALL is any wall or element of a wall, or any member or group of members, which defines the exterior boundaries or courts of a building and which has a slope of 60 degrees or greater with the horizontal plane. An exterior wall or partition is not an exterior floor/soffit, exterior door, exterior roof/ceiling, window, skylight, or demising wall. EXTERIOR WALL AREA is the area of the opaque exterior surface of exterior walls. 22 SECTION 207 - F FENESTRATION PRODUCT is any transparent or translucent material plus any sash, frame, mullions, and dividers, in the envelope of a building, inchiding, but not limited to: windows, sliding glass doors, french doors, skylights, curtain walls, and garden windows. FIREPLACE is a hearth and fire chamber or similar prepared place in which a solid fuel fire may be burned, as defined in UBC Section 310Z2 and as further clarified in UBC Section 3102.7; these include but are not limited to factory-built fireplaces, masonry fireplaces, and masonry heaters (solid fuel burning device). SECTION 208 - O GAS HEATING SYSTEM is a natural gas or liquefied petroleum gas heating system. GAS LOG is a self-contained, freestanding, open-flame, gas-burning appliance consisting of a metal frame or base supporting simulated logs, and designed for installation only in a vented fireplace. GLAZING (See FENESTRATION PRODUCT). GROSS EXTERIOR ROOF AREA is the sum of the skylight area and the exterior roo/Tceiling area. GROSS EXTERIOR WALL AREA is the sum of the window area, door area, and exterior wall area. SECTION 209 - H HABITABLE STORY is a story that comains space in which humans may work or live in reasonable comfort, and that has at least 50 percent of its volume above grade. HISTORIC BUILDING is a building or structure that has been designated by official action of the legally constituted authority of this jurisdiction as having special historic or architectural significance SECTION 210 - I INDIRECTLY CONDITIONED SPACE is enclosed space that is not directly conditioned. INFILTRATION is uncontrolled inward air leakage from outside a building, or unconditioned space, including leakage through cracks and interstices, around windows and doors, and through any other exterior or demising partition or p~pe or duct 23 penetration. SECTION 213 - L LPG is Liquefied Petroleum Gas. SECTION 214 ~ M MANUFACTURED DEVICE is any heating, cooling, ventilation, water heating, refrigeration, cooking, plumbing fitting, insulation, door, fenestration product, or any other appliance, device, equipment, or system subject to this code. MECHANICAL HEATING ~s raising the temperature within a space for the purpose of maintaining human comfort using electric resistance heaters, fossil fuel burners, heat pumps, or other systems that require energy 15om depletable sources. MEC CHECK is Version 2.07 of a prescriptive compliance method that was developed by Pacific Northwest Laboratory (Battelle Memorial Institute) for use with the 1995 MEC. MODELING ASSUMPTIONS are the conditions (such as weather conditions, thermostat settings and schedules, internal gain schedules, etc.) that are used for calculating a building's annual energy consumption and that are in the Alternative Calculation Methods Manuals. MODEL ENERGY CODE is the 1995 Model Energy C9de prepared by the Council of American Building Officials. SECTION 215 - N NAECA is the National Appliance Energy Conservation Act of 1987 (Public Law 100- 12). NATIONAL FENESTRATION RATINO COUNCIL is the NFRC. certified products directory, published by NFRC, incorporated, 1300 Spring Street, Suite 120, Silver Spring, Maryland, 20910. NONRESIDENTIAL BUILDING is any building that is not a residential building. NON-VENTED ROOF/CEILING ASSEMBLY as referenced in this code is an assembly that complies with the policy adopted by the Building Division for the control of moisture in the interior insulation of the roof and has been approved by the building ~,,-., official 24 SECTION 216 - O OPERABLE SHADING DEVICE is a device at the interior or exterior ora building or m~egral with a fenestration product, which is capable of being operated, either manually or automatically, m adjust the mount of solar radiation admitted to the interior of the building. OPTIMAL OVERHANG is an overhang that completely shades the glazing at solar noon on August 21 and substantially exposes the glass at solar noon on December 21. SECTION 217 - P SECTION 219 - R RP is the responsible person. RAISED FLOOR is a floor (partition) over a crawl space, or an unconditioned space, or ambient air. READILY ACCESSIBLE is capable of being reached quickly for operation, repair, or inspection, without requiring climbing or removing obstacles, or resorting m access equipment. RELATIVE SOLAR HEAT GAiN is the ratio of solar heat gain through a fenestration product (corrected for external shading) to the solar heat gain from an unshaded single light of 1/8 inch thick clear double strength glass under the same set of condkions, excluding the effects of mullions, frames and sashes. RENEWABLE ENERGY MITIGATION PROGRAM is designed to offset the environmental impacts and greenhouse gas emissions produced by non-complying exterior snowmelt, pool, and spa systems and by homes exceeding 5,000 square feet, Fees collected by the program will be used to fund energy efficiency and renewable energy installations in the City of Aspen and Pitkin County and, if necessary, purchase wind energy from wind generators in Colorado or Wyoming. It will be administered by the Board of Directors of the Community Office for Resource Efficiency fCORE). REPAIR is the reconstruction or renewal of any part of an existing building for the purpose of its maintenance. REPAIR OR REPLACEMENT GLAZING is. glazing without a frame, associated with a repair that is not an addition or alteration. RESIDENTIAL BUILDING is a building that is of occupancy group R-1,R-2, R-2, or R-4 or U-1 (associated with a group R). 25 RESPONSIBLE PERSON (RP) (See Section 106.3.6 Responsibility for Signing). SECTION 220 - S SERVICE SNOWIVIELT HEATER is an appliance designed to heat a liquid for the purpose of melting ice and snow. SERVICE WATER HEATER is an appliance designed primarily to supply hot water for sanitary purposes for human occupancy, other than for comfort heating. SERVICE WATER HEATING is heating of water for sanitary purposes for human occupancy, other than for comfort heating. SHADING COEFFICIENT (SC) is the ratio of the solar heat gain through a fenestration product to the solar heat gain through an unshaded 1/8 inch thick clear double strength glass trader the same set of conditions. For nonresidential, high-rise residential, and hotel/motel buildings, this shall exclude the effects of mullions, frames, sashes, and interior and exterior shading devices. SITE BUILT WINDOWS are those products which are field constructed from elements, including framing, glazing, and weather-stripping, not sold together as a fenestration product. SITE SOLAR ENERGY is natural daylighting, or thermal, chemical, or electrical energy derived from direct conversion of incident solar radiation at the building site. SKYLIGHT is glazing having a slope less than 60 degrees from the horizontal with conditioned space below. SKYLIGHT AREA is the area of the surface of a skylight, plus the area of the frame, sash, and mullions. SNOWMELT is the mechanical melting of snow on driveways, walkways, etc. SOLID FUEL BURNING DEVICE shall mean a burning device designed for solid fuel combustion so that usable heat is derived for the interior of a building, and includes, without limitation, solid fuel-fired stoves, wood stoves or any nature, fireplaces, pellet stoves, solid fuel-fired cooking stoves, combination fuel furnaces or boilers which bum solid fuel. or any other device used for the burning of solid combustible material. Solid fuel bm'ning devices do not include gas log fireplaces, decorative gas appliances or electrical appliances. SOURCE ENERGY is the energy that is used at a site and consumed in producing and xn delivering energy to a site, including, but not limited to, power generation, transmission, and distribution losses, and that is used to perform a specific function, 26 such as space conditioning, lighting or water heating. Table 3-1 contains the conversion factors for converting site to source energy. SPA is a unit primarily designed for therapeutic use which is not drained, cleaned or refilled for each individual. 'It may include, but not limited to. hydrojet circulation, hot water, cold water, mineral baths, air induction bubbles, or any combination thereof.. Industry terminology for spa includes, but is not limited to, therapeutic pool, hydrotherapy pool, whirlpool, hot spa, etc. SPA POOL-PRIVATE is a pool, not under medical supervision, that incorporates water jets and/or an aeration system used for hydro massage in connection with a single family residence, and available only ro family of the householder and his private guests. SPA POOL-PUBLIC is a pool, not under medical supervision, that incorporates water jets and/or an aeration system used for hydro massage. SPACE CONDITIONING SYSTEM is a system that provides either collectively or individually heating, ventilating, or cooling within or associated with conditioned spaces in a building. SWIMMING POOL is any constructed or prefabricated pool used for swinnning or bathing, twenty-four (24) inches or more in depth. SWIMMING POOL-PRIVATE is all constructed pools which are used as a switmning pool in connection with a single family residence, and available only to family of the householder and his private guests. SWIMMING POOL-PUBLIC is any constructed pool other than a private swimming pool. SYSTEM is a combination of equipment, controls, accessories, interconnecting means, or terminal elements, by which energy is transformed to perform a specific function, such as space conditioning, or service water heating. SECTION 221 - T THERMAL MASS is solid or liquid material used to store heat for later heating use or for reducing cooling requirements. THERMAL RESISTANCE (R) is the resistance ora material or building component to the passage of heat in (hr x ft2 x °F)/Btu, SECTION 222 - U UBC is the 1997 edition of the Uniform Building Code. 27 UMC is the 1997 edition of the Uniform Mechanical Code. UNCONDITIONED SPACE is enclosed space within a building that is not conditioned space. U-VALUE is the overall coefficient of thermal transmittance of a construction assembly, in Btu/(hr x f~ x °F), including air film resistance at both surfaces. SECTION 223 - V VAPOR RETARDER is a material that has a permeance of one perm or less and that provides resistance to the transmission of water vapor, SECTION 224 - W WATER STORAGE TANK is an unfired or indirectly heated water tank used for storage of hot water. WINDOW is glazing that is not a skylight. WINDOW AREA is the area of the surface of a window, plus the area of the frame, sash, and mullions. WINDOW WALL RATIO is the ratio of the window area to the gross exterior wall area. WOOD HEATER is an enclosed wood burning appliance used for space heating and/or domestic water heating, and which meets the reqmrements of the AsperffPitkin Environmental Health Deparmaent. WOOD STOVE (See WOOD HEATER). SECTION 227 - Z ZONE, SPACE CONDITIONING is a space or group of spaces within a building with sufficiently similar comfort conditioning requirements so that comfort conditions can be maintained throughout the zone by a single controlling device. CHAPTER 3 ENERGY CONSERVATION STANDARDS SI~CTION 301 - ALL OCCUPANCIES -GENERAL PROVISIONS 28 301.1 Buildings covered. The provisions of Chapter 3 apply to all buildings ('see Section 101.3) and m all snowmelt, private swimming pool and spa heating system equipment (see Section 101.3.1). 301.2 Parts of Buildings Covered. The provisions of Chapter 3 apply to the building envelope, space conditioning systems, water heating systems, snowmelt systems, and private pool and spa heating systems of buildings covered by this code. EXCEPTIONS: 1. Packaged portable spas =< 64sq. f~. of surface water area listed by a nationally recognized testing laboratory with a minimum R12 cover. 2. Areas critical to pedestrian ingress, egress, or life safety may be snowmelted, with approval from the Chief Building Official, on a case by case basis. 301.3 Floors and Habitable Stories. 1.Only habitable floors that have at least 50 percent of their volume above grade as defined in the UBC shall be counted in determining how many habitable stories a building has. 2.All conditioned space in a floor shall comply with this code, whether or not the floor is above grade and whether or not it is habitable. 301.4 Mixed Occupancy. When a building is designed and constructed for more than one type of occupancy, the space for each occupancy shall meet the provisions of this code applicable to that occupancy. EXCEPTION: If one occupancy constitutes at least 90 percent of the conditioned floor area of the building, the entire building may comply with the provisions of this code applicable to that occupancy. 301.5 Certification Requirements for Manufactured Devices. This code limits the installation of the following manufactured devices to those that have been certified by their manufacturer to meet or exceed minimum specifications or efficiencies adopted by the Chief Building Official: 1. Central air-conditioning heat pumps and other central air conditioners. 2. Combination equipment: space heating and cooling, or space heating and water heating. 3. Fenestration products. 4. Gas space heaters. 5. Insulating materials. 6. Oil fired storage water heaters. 7. Other heating and cooling equipment. 29 8. Plumbing fixtures. 9. Pool heaters. 10. Refrigerators, refrigerator-freezers, and freezers. 11. Room air conditioners. 12. Slab floor perimeter insulation. 13. Snowmelt Boilers. 14. Solid fuel burning devices. 15. Water heaters. 301.5.1 The certification status of any such manufactured device may be confirmed only by reference to: 1. A directory published or approved by the Chief Building Official; or 2. A copy of the application for certification from the manufacturer and the letter of acceptance from the Building Division staff; or 3. Written confirmation from the publisher ora division-approved directory that a device has been certified; or 4. A division-approved label on the device; or 5. The National Appliance Energy Conservation Act of 1987. 6. The National Fenestration Rating Council. NOTE: Section 301.5 does not require a builder, designer, owner, operator, or enforcing agency to test any certified device to determine its compliance with minimum specifications or efficiencies adopted by the Chief Building Official. SECTION 302 - CALCULATION OF SOURCE ENERGY CONSUMPTION. When calculating source energy consumption, consumption of electricity, natural gas, fuel oil, and LPG shall be converted to BTUs at the rates shown in Table 3-1. Table 3-1 Source Energy Conversion Rates Energy Source BTU per unit Consumption Electricity I 0.239 BTU/kilowatt-hour Natural Gas 100,000 BTU/therm/100 at 14.73 psia Fuel Oil 138.400 BTU/gallon LPG 91,080 BTU/gallon 30 SECTION 303 - MANDATORY REQUIREMENTS FOR SERVICE SNOWMELT SYSTEM AND EQUIPMENT. 303.1 Any service snowmelt system or equipment shall meet the following: l. Pilot light prohibited. 2. R-10 insulation shall be installed under the area to be snowmelted 3. No idling of heating equipment allowed. 4. Electric resistance heating is prohibited. EXCEPTIONS: 1. Roof Heating Cable. 2. Areas critical to pedestrian regress, egress, or life safety may be snowmelted, with approval from the Chief Building Official, on a case by case basis. 303.2 Snowmelt systems shall include automatic temperature and surface moisture controls. EXCEPTIONS: 1. Roof Heating Cable. 2. Areas critical to pedestrian regress, egress, or life safety may be snowmelted, with approval from the Chief Building Official, on a case by case basis. SECTION 304 - MANDATORY REQUIREMENTS FOR SOLID FUEL BURNING DEVICES. 304.1 Certification. Any solid fuel burning device may be installed only if the manufacturer has certified that the device complies with all of the applicable requirements of this section and has been determined by the Aspen/Pitldn Environmental Health Department to have emissions less than or equal to 4.1 gm/hr when tested according to the most stringent test methods for certifying airtight wood stoves or pellet stoves. SECTION 305 - RESIDENTIAL MANDATORY FEATURES AND DEVICES Any new residential building shall meet the reqmremems of this Section. 305.1 Ceilings. The opaque portions of ceilings separating conditioned spaces from unconditioned spaces or ambient air shall meet the requirements of either 1 or 2 below: 1.Ceilings shall be insulated between wood franking members with insulation 31 resulting in an installed thermal resistance of R-30 or greater for the insulation alone. ALTERNATIVE: Insulation which is not penetrated by framing members may meet an R-value equivalent to installing R-30 insulation between wood framing members and accounting for the thermal effects of framing members. 2.The weighted average U-value of ceilings shall not exceed the U-value that would result from installing R-30 insulation between wood framing members ~n the entire ceiling and accounting for the effects of framing members. When loose fill insulation is installed, the minimum installed weight per square foot shall conform with the insulation manufacturer's installed design weight per square foot at the manufacturer's labeled R-value. 305.2 Walls. The opaque portions of frame walls separating conditioned spaces from unconditioned spaces or ambienl air shall meet the requirements of either 1 or 2 below: I Framed walls shall be insulated between framing members with insulation having a thermal resistance of R-19. Framed foundation walls of heated basements or heated crawl spaces shall be insulated above the adjacem outside ground line with insulation having a thermal resistance of at least R-19. ALTERNATIVE: Insulation which is not penetrated by framing members may meet an R-value equivalent to installing R-19 insulation between wood framing members and accounting for the thermal effects of framing members. 2. The weighted average U-value of walls shall not exceed the U-value that would result from installing R-19 insulation between wood framing members and accounting for the effects of framing members, 305.3 Floors. Concrete raised floors over unconditioned space shall be insulated to an installed thermal resistance of at least R-19. All other raised floors separating conditioned space from unconditioned space shall meet the requirements of either 1 or 2 below: 1. Floors shall be insulated between wood framing members with insulation having an installed thermal resistance of R-19 or greater. 2. The weighted average U-value of other floor assemblies shall not exceed the U- value that would result from installing R-19 insulation between wood framing members and accounting for the effects of framing members. 32 ALTERNATIVE: Raised floor insulation may be omitted if the foundation walls are insulated to an installed thermal resistance of R-19, and a vapor barrier is placed over the entire floor of the crawl space, and a mechanical ventilation system that meets the reqmrements of UBC Section 2317.7 is installed. 305.4 Installation of Fireplaces, Decorative Gas Appliances, and Gas Logs. 305.4.1 Wood burning fireplaces are prohibited in non-attainment areas of the City of Aspen and Pitkin County. 305.4.2 Ifa masonry or factory built wood burning fireplace is installed, it shall have the following: 1. CLOSEABLE metal or glass doors covering the entire opemng of the firebox; 2. A combustion air intake to draw air from the outside of the building directly into the fire box, which [s at least 6-square inches in area; and 3. A flue damper with a readily accessible control. EXCEPTION: When a gas log, log lighter, or decorative gas appliance ~s installed in a fireplace, the flue damper shall be blocked open as required by the manufacturer's installation instructions or Section 803 1997 UMC. 305.4.3 Ifa gas log or gas insert is installed m an existing masonry fireplace, it shall have the following: 1. CLOSEABLE metal or glass doors covering the ent'tre opening of the firebox. 2. Flue damper permanently block open per 1997 UMC Section 901.2 3. A combustion air intake to draw air from the outside of the building directly into the fire box, which is at least 6-square inches in area 305.5. Infiltration Barrier. If an infiltration barrier is installed to meet the requirements of Sections 306 and 307, it must have an air porosity of less than 5 cubic feet per hour per square foot per inch of memury pressure difference when tested in accordance with the requirements of ASTM E-283-84. If a vapor ba~ier functions as an infiltration barrier il shall be located on the conditioned side of the exterior framing. 305.6 Vapor Retarders. A vapor retarder shall be installed on the conditioned space side of all insulation in all exterior walls and ceilings to protect insulation from condensation.. Penetrations of vapor barriers shall be sealed at the edge of the penetration. Recessed lights that penetrate vapor barriers shall be "air tight". EXCEPTIONS: Vapor retarders shall not be installed: 33 1. On approved non-vented insulated roof-ceiling assemblies. See Section 215. 2. On below grade walls 305.7 Space Conditioning Equipment. 305.7.1 Building design heat loss rate and design heat gain rate, shall be determined usmg a method based on any one of the following: 1. The American Society of Heating, Refrigeration, and Air-conditioning Engineers (ASHRAE) Handbook and Product Directory, Equipmem Volume (1988), Systems and Applications Volume (1987), and Fundamentals Volume (1989), or 2. The Sheet Metal Air Conditioning Contractors National Association (SMACNA) Load Calculation Manual, or 3. The Air Conditioning Contractors of America (ACCA) Manual J. The design heat loss rate and design heat gain rate, are two of the criteria that shall be used for equipmem sizing and selection. NOTE: Heating Systems must meet the minimum heating capacity required by UBC Section 310.11 The furnace output capacity and other specifications are published in the Building Department's directory of certified equipment or other directories approved by the Chief Building Official~ 305.7.2 Design Conditions. For the purpose of sizing the space conditioning (HYAC) system, the indoor design temperatures shall be 70 degrees Fahrenheit for heating and 75 degrees Fahrenheit for cooling. The outdoor heating design temperature shall be 15°F. The outdoor cooling design dry bulb temperature shall be 81°F. The outdoor cooling design wet bulb temperature shall be 59°F. 305.8 Setback Thermostats. All heating and/or cooling systems other than solid fuel burning devices shall have an automatic thermostat with a clock mechanism or other setback mechanism approved by the Chief Building Official that shuts the system off during periods of non-use and that allows the building occupant to automatically set back the thermostat set points for at least 2 periods within 24 hours. EXCEPTION: Gravity gas wall heaters, gravity floor heaters, gravity room heaters, room air conditioners, and room air conditioner heat pumps nedd not comply with this requirement. Additionally, room air conditioner heat pumps need not comply with Section 305.8. 305.9 Pipe and Tank Systems. 305.9.1 Hot water tanks shall be externally wrapped with insulation having an installed thermal resistance of R-12 or greater or have internal insulation of at least R- 34 16 and a label on the exterior of the tank showing the,insulation R-value. 305.9.2 The piping for all space conditioning and service water heating systems, in unconditioned spaces; and, the first five feet of hot and cold water pipes from the storage tanks of non-recimulating systems shall be insulated in accordance with Table 3-2. Table 3-2 Pipe Insulation Requ/rements Minimum R-Value System Pipe Diameter Less than or Greater than 2" equal to 2" Domestic Hot Water R-4 R-6 Hydronic Healing Supply Lines R-4 R-6 Cooling Systems (pipes below 55°F) R-3 R-4 EXCEPTION: The following piping does not have to be thermally insulated: 1. Factory-installed piping within space conditioning equipment 2. Piping that conveys fluids that have a design operating temperature range between 55 degrees and 105 degrees Fahrenheit. 3. Gas piping, cold domestic water piping, condensate drains, vents, or waste piping. 4. Where the heat gain of heat loss to or from piping without insulation will not increase building source energy use. NOTE: Where the Chief Building Official approves a water heater calculation method for a particular water heating recirculafion system, piping insulaiion requirements shall be those specified in the approved calculation method. 305.10 Slab Edge Insulation. Concrete slab edges shall be insulated m an installed thermal resistance of at least R-10. Material used for slab edge insulation shall meet the following minimum specifications: 1. Water absorption rare no greater than 0.3 percent when tested ~n accordance with ASTM-C-271. 2. Water vapor permeance no greater than 2.0 perm/inch when tested in accordance with ASTM-E-96-90. 35 3. Concrete slab perimeter insulation must be protected from physical damage and ultra violet light deterioration. SECTION 305.11 Ducts and Fans. 305.11.1 Air handling duct systems shall be installed and sealed to meet the requirement of UMC Sections 604. Portions conveying conditioned air shall either be insulated to a minimum installed level of R-4.2 (or any higher level required by UMC Section 604) or be enclosed entirely in conditioned space. Zone III shall be used for the purpose of this Section, unless another Zone is approved by the Chief Building Official. 305.11.2 All duct insulation product R-values shall be based on insulation only (excluding air films, vapor barriers, or other duct components) and tested C-values at 75OF mean temperature at the installed thickness, in accordance with ASTM C518-85 or ASTMC 177-85. 305.11.3 The installed thickness of duct insulation used to determine its R-value shall be determined as follows: 1. For duct board, duct liner and factory-made rigid ducts not normally subjected m compression, the nominal insulation thickness shall be used. 2. For duct wrap, installed thickness shall be assumed to be 75 percent (25 percent compression) of nominal thickness. 3. For factory-made flexible air ducts, the installed thickness slmll be determined by dividing the difference between the actual outside diameter and nominal inside diameter by 2. 305.11.4 Insulated flexible duct products installed to meet this reqmrement must include labels, in maximum intervals of 10 feet, showing the thermal performance R- value for the duct insulation itself (excluding air films, vapor barriers, or other duct components),based on the tests in Section 305.tl.2 and the installed thickness determined by Section 305.11.3.3. 305.11.5 All fan systems, regardless of volumetric capacity, that exhaust air from the building to the outside shall be provided with backdraft or automatic dampers to prevent air leakage. 305.11.6 All gravity ventilating systems that serve conditioned space shall be provided with either automatic or readily accessible, manually operated dampers in all openings to the outside except combustion inlet and outlet air openings and elevator shaft vents. EXCEPTION: The requirements do not apply to ducts and fans integral to combustion air ducts of solid fuel burning devices or fireplaces. 36 SECTION 305.12 - Mandatory Requirements for Outside Private Pool and Spa Heating Systems and Equipment. 305.12.1 Certification by Manufacturers. Any pool or spa heating system or equipment may be installed only if the manufacturer has certified that the system or equipment has all of the following: 1. A readily accessible on-off switch, mounted on the outside of the heater, that allows shutting off the heater without adjusting the thermostat setting; and 2. No electric resistance heating; and EXCEPTIONS: 1. Pools or spas deriving at least 50% of the annual heating energy from on-site non-depletable sources. Balance of energy use ~s not required to be taken from energy budget surplus. 2. Listed package units with fully insulated enclosures, and with tight- fitting covers that are insulated to at least R-12 up to a maximum size of 64 square feet. 3. No pilot light; and 4. High efficiency circulation pump motors; and 5. Maximum capacity of heating system, for pools installed for summer use only, derived from depletable energy sources, = 405,00~3 BTU input. Pools intended for year round use shall calculate their energy consumpuon at 332KBTU/yr/sq.ft at 100% equipment efficiency. Pools intended for summer use only shall calculate their energy consumption at 29KBTU/yr/sq.ft at 100% equipment efficiency. Spas shall calculate their energy consumption at 430KBTU/yr/sq.ft at 100% equipmem efficiency. SECTION 305.13 - Natural and Liquid Propane Gas Central Furnaces, Cooking Equipment, Private Pool and Spa Heaters and Snowmelt: 305.12.2 Installation. Any pool or spa heating system or equipment shall be installed with all of the following: 1.' At least 36" of pipe between the filter and the heater, to allow for the future addition of solar heating equipment; and 2. Directional inlets and time switches for pools. 37 2.1 The pool shall have directional inlets that adequately mix the pool water; and 2.2 The circulation pump shall have a time switch that allows the pump to be set to run in the off-peak electric demand period, and for the minimum time necessary to maintain the water in the condition required by applicable public health standards, EXCEPTION: Where applicable public health standards require on-peak operation. 2.3 Outdoor pools or spas with a surface area > 800 ft2. shall not be heated. EXCEPTION: Heating systems deriving 50% of energy from non- depletable sources, with a maximum area of 1600 ft2. 305.13.1 Pilot Lights Prohibited. Any natural or liquid propane gas system or equipment shall not have a continuously burning pilot light: EXCEPTIONS: Listed decorative gas appliances SECTION 305.14 - Mandatory Requirements for Exterior Doors, Windows, and Fenestration Products. 305.14.1 Any manufactured doors or windows or manufactured fenestration product may be installed only if the manufacturer has certified to the Chief Building Official, or if an independent certifying organization approved by the Chief Building Official has certified, that the product complies with all of the applicable requirements of this subsection. 305.14.1.1 Manufactured doors and windows shall have air infiltration rates not exceeding those shown in Table 3-3, when tested according to ASTM E283-91 at a pressure differential of 75 pascals or 1.57 pounds/ft2. 305.14.1.2 Manufactured fenestration products shall: 1. Be certified as to their overall U-values as rated in accordance with the National Fenestration Rating Council's NFRC-100-91 (June 28,1991), or in accordance with "Table 5, Overall Coefficients of Heat Transmission of Various Fenestration Products", as it appears on pages 27.6 and 27.7 of the ASHRAE 1993 Fundamentals Handbook, or in accordance with a default table method approved by the Chief Building Official; and 2. Have a temporary label, nor to be removed before inspection by the enforcement agency, listing the certified U-values; and 38 3. Have a permanent label listing the U-value, certifying organization, and rating procedures or a label to allow tracking back to the original certification information on file with the certifying organization. Table 3-3 MAXIMUM AIR INFILTRATION RATES TYPE RATE Windows C~l/ft2 of operable sash crack All 0.37 Residential Doors swinging, sliding 0.37 Cfii1/ft2 of aoor a~a All Other Doors sliding, swinging (single door) 0.37 C fro/it2 of door area swinging (double door) 1.0 305.14.2 Site constructed doors, skylights, and windows, including, but not limited to, field manufactured doors, skylights, and windows, shall be caulked between the door, skylights, or window and the building, and shall be weather-stripped. EXCEPTION: Unframed glass doors and fire doors. SECTION 305.15 - Mandatory Requirements for Joints and Other Openings. Joints and other openings in the building envelope that are potential sources of air leakage shall be caulked, gasketed, weather-stripped, or otherwise sealed to limit infiltration and exfiltration. SECTION 305.16 - Compliance Methods. All residential buildings shall meet all of the following: I. The mandatory reqmrements. 2. Either the performance standards or the prescriptive standards or the requirements of the-Aspen Pitkin Green Program. SECTION 306 - RESIDENTIAL PRESCRIPTIVE COMPLIANCE 306.1 Buildings that are certified to meet the requirements of the Aspen Pitkin Green Program or receive an E-STARTM rating of at least 80 points are exempt from meeting the prescriptive reqUirements. 39 EXCEPTION: Buildings that contain snowmelt, pool, or spa systems. Any changes to the building design will nullify the Aspen Pitkin Green Program exemption. 306.2 Buildings comply with the prescriptive or tradeoff standards if they meet the requirements of MEC CHECK, version 2.07. Chapter 2 of MEC CHECK is omitted and replaced by the mandatory requirements of Section 305. 306.3 The prescriptive standards do not allow the inclusion of snowmelt. (Sno~vmelt requires compliance demonstration with the performance computer standard.) 306.4 The prescriptive standards do not allow the inclusion of pool and spa energy use. (Pool and spas require compliance demonstration with the performance computer standard). .306.5 Heat transfers within the same building to adjacent spaces that are not covered by the permit and that are independently provided with space conditioning may be considered m be zero. Heat transfers to spaces nol yet provided with space conditioning may be modeled as separate unconditioned zones, or as outside conditions. SECTION 307 - RESIDENTIAL PERFORMANCE COMPLIANCE 307.1 Performance Standards. A building complies with the performance standard if its combined calculated depletable energy use for water heating (Section 307.1.1 ), space conditioning (Section 307.1.2), snowmelt (Section 307.1.3), and pool and spa heating (Section 307.1.4), is less than or equal to the combined maximum allowable energy use for both water heating, and space conditioning, even if the building fails to meet either the water heating, or space conditioning, budget alone. EXCEPTION: Buildings that are certified to meet the requirements of the Aspen Pitkin Careen Program and do not have snowmelt, swimming pool or spa heating system equipment comply with the performance standard. 307.1.1 Water Heating Budgets. The budgets for water heating systems are those calculated from Equation 3-1. 40 Equation 3-1 ANNUAL WATER. HEATING BUDGET (AWB): For dwelling units less than 2500 ft2: AWB (kBtu/yr.-ft2) = [14000) + 4.85 CFA For dwelling units equal to or l~eater than 2500 3: AWB (kBtu/yr.-fi?) = (26125) CFA Where CFA = the building's conditioned floor area in square feet. The annual water heating budget calculated from Equation 3-1 may be met by either: 1. Calculating the energy consumption of the proposed water heating system using an approved calculation method or 2. Installing any gas storage type non-re-circulating water heating system that does not exceed 50 gallons of capacity, meets the minimum standards specified in the Appliance Efficiency Standards, and either has an R-12 external insulation wrap or has been determined by the Chief Building Official to meet the annual water heating budget calculated from Equation 3-1 without an external insulation wrap. 307.1.2 Space Conditioning Budget. Space conditioning budgets shall be the calculated consumption of energy from depletable sources required for space conditioning in buildings in which the requirements for the proscriptive compliance (Section 306) are installed. To determine the space-conditioning budget, use an approved calculation method. 307.1.3 Snowmelt Energy Use (not a budget) Snowmelt energy use shall be the consumption of snowmelt system and equipment energy from depletable sources used for melting snow. Snowmelt energy use for dwelling units is 34,425BTU/yr/sq.fL at 100% equipment efficiency. Snowmelt energy use shall be added to the subtotal source energy consumption calculated as per the requirements of Section 307.2.2.2. EXCEPTIONS: I. Roof heating cable. 41 2. Areas critical to pedesff~an ingress, egress, or life safety may be snowmelted, with approval from the Chief Bnilding Official, on a case by case basis. 307.1.4 Pool and Spa Energy Use thor a budget). Pool and spa energy use shall be the consumption of energy from depletable sources used for heating pools and spas. 307.2 Compliance Demonstration Requirements for Performance Standards. The application for a building permit shall include documentation which demonstrates, using an approved calculation method, the compliance version of the City of Aspen/Pitkin County Energy Conservation C ode's Public Domain Computer Program or calculation method approved by the Chief Building Official. All new buildings shall be designed so that its total source energy consumption from depletable energy sources does not exceed the combined water heating and space conditioning budgets. EXCEPTION: 1. Roof heating cable. 2. Areas critical to pedestrian ingress, egress, or life safety may be snow:melted, with approval from the Chief Building Official~ on a case by case basis. 307.2.1 To demonstrate compliance, the applicant's documentation shall determine the combined energy budget for the proposed building by adding the following: 1. The annual water heating budget calculated from Equation 3-1 (kBtu/yr.-fi2); and 2. The annual space conditioning budget (kBtu/yr.-ft2) as determined pursuant to Section 307.1.2. 307.2.2 CalCulate the source 'energy consumption subtotal of the proposed build'rog, using the proposed building's actual glazing area, orientation, and distribution, and its actual energy conservation and other features, including the actual water heating, space conditioning equipment and duct conditions and locations. To determine the subtotal source energy consumption, use an approved calculation method. Add snowmelt energy use and pool mad spa energy use to obtain total source energy consumption. Include in the calculation the energy required for building cooling even if the building plans do not indicate that air conditioning will be installed. 307.2.3 The proposed building design complies if the total source energy consumption pursuant to Section 307.2.2 is equal to or less than the combined energy budget established in Section 307.2.1. 42 307.3 Required Calculation Assumptions. The Chief Building Official shall publish the assumptions and calculation m6thods it used m develop the standards for residential buildings, including those specified in Section 307. In determining the water heating and space conditioning budgets and calculating the energy use of the proposed building design, snowmelt energy use, and private pool and private spa energy use, the applicant shall use only these assumptions and calculation methods approved by the Chief Building Official. 307.3.1 Such assumptions shall include, but not be limited to, the following: 1. The operating conditions regarding indoor temperature; occupancy loads and schedules; eqmpmem loads and operation schedules, including lighting, HVAC, and miscellaneous electrical; and outdoor weather conditions; 2. The physical characteristics of building pressurization, interior heat transfer, film coefficients, shading coefficient and operation of installed shading devices, ground temperatures, and the method of determining slab heat loss; 3. The applicable modeling procedures for the assumptions, design conditions, and physical characteristics described in Section 307.2. EXCEPTION: The Chief Building Official may approve alternative schedules, assumptions, and performance modeling procedures that may be used in lieu of those described in Section 307.3.1, provided such alternatives do not alter the efficiency level required by these standards. 307.3.2 The total calculated annual energy consumption shall include all energy used for comfort heating, comfort cooling, ventilation for the health and comfort of occupants, service water heating, snowmelt, and private pool and private spa heating. EXCEPTIONS: 1. Roof heating cable. 2. Areas critical to pedestrian ingress, egress, or life safety may be snowmelted, with approval from the Chief Building Official, on a case by case basis. 307.3.3 Heat uransfers within the same building ro adjacent spaces that are not covered by the permit and that are h~dependently provided with space conditioning may be considered to be zero. Heat transfers to spaces not yet provided with space conditioning may be modeled as separate unconditioned zones, or as outside conditions. 307.3.4 The total calculated annual energy consumption need not include energy from any non-depletable sources, regardless of the purpose of the energy consumed. 43 307.3.5 The U-value of installed manufactured fenestration products shall meet the requirements of Section305.14. The U-value of site-built fenestration products shall be those published by the Chief Building Official, based on an approved method that determines the area weighted average U-value for genetic types of products. 307.3.6 Shading coefficients for interior devices used with fenestration products shall be taken from Tables 25, 26, and 27 6f Chapter 27 of the ASHRAE Handbook of Fundamentals (1989), except that the minimum shading coefficient that shall be assumed for any interior shading device is 0.66. SECTION 308 - RESIDENTIAL ADDITIONS 308.1 Additions - Scope. Additions to existing residential buildings shall meet the requirements of Sections 303, 304, and 305; and, the requirements of this section (308.2 or 308.3 below). 308.2 Prescriptive Approach. Additions to existing buildings shall meet the requirements of either 1, 2, or 3 below, or Section 306. 1. Additions up to 50 square feet shall not exceed 40 square feet of fenestration plus the fenestration area that was removed by the addition, and the U-value shall not exceed 0.40. 2. Additions greater than 50 square feet but less than 150 square feet shall meet all the requirements of Section 306, except that the addition's total fenestration area limit is the maximum of the chosen package plus the fenestration area that was removed by the addition. 3. Additions greater than 150 square feet shall meet all the requirements of Section 306. 308.3 Performance Approach. Performance calculations shall meet the requirements of either 1 or 2, below: 1 The addition complies if the addition alone meets the combined water heating and space conditioning energy budgets (see Section 307.2). 2. The addition complies if the energy efficiency of the existing building is improved such that the total source energy consumption of the improved existing building and the addition is equal to or less than that of the ummproved existing building. SECTION 309 - RESIDENTIAL ALTERATIONS 309.1 Alterations -- Scope. Alterations to existing residential buildings shall meet any requirements of Sections 303, 304, and 305 that apply to the system or envelope component being changed and the requirements of this section. The U-value of any fenestration product replaced as part of an alteration shall not exceed 0.40 as defined by 44 the National Fenestration Rating Council (i.e. whole product performance). An increase in the area of fenestration or the installation of recessed cans in a warm/cold ceiling is not an alteration and shall meet the requirements of Section 306 or 307 NOTE: Fenestration products repaired or replaced, not as part of an alteration, need not comply with the U-value requirements applicable to alterations. SECTION 310 - NONRESIDENTIAL BUILDINGS Shall comply with the "Energy Guidelines for Commercial and High-Rise Residential Buildings in Colorado or Colorado ComcheckEZ 1.2 and Section 303 of this code. SECTION 311 - RESIDENTIAL SNOWMELT, OUTSIDE POOL, OUTSIDE SPA SYSTEMS AND EQUIPMENT COMPLIANCE 311.1 Scope. Residential snowmelt, outside pool, or outside spa systems and equipment may be installed only if its calculated depletable energy use is allowed using the method described in this section. This section applies to all installations for which an application for a permit or renewal of an existing permit is filed or is by law required to be filed with or without an associated Building Permit. Residential snowmelt or spa systems and equipment shall meet the reqmrements of Section 303 and 305.12. 311.2 Renewable Energy Mitigation Program (REMP) Option - Energy use for residential snowmelt systems, outdoor spas, and outdoor pools may be supplemented as per the following: 311.2.1. The REMP fee shall be paid at the time Of issuance of the building permk Fees are based on the amount of supplemental energy required above the allowable energy budget (as per the performance method). All fees collected pursuant to this section shall be recorded in a separate fund by the City Finance Director and shall be spem in accordance with a joint resolution by the Aspen City Council mad Pitkin County Board of County Commissioners. 311.2.2 This REMP option is voluntary. Applicants interested in supplemental energy above the allowable budget can alternatively choose to produce renewable energy on- site with solar hot water, solar photovoltaics, or ground source heat pumps. On-site renewable energy should offset at least 50% of the supplemental energy needed, the balance shall come from natural gas. Electric resistance heating is not permitted. 311.2.3 Snowmelt energy consumption shall be calculated as in Section 307.1.3. 311.2.4 Outdoor pool and spas shall have their energy consumption calculated as in Section 305.12 45 311.2.5 The REMP option for supplemental energy is capped at 100,000,000 British Them~al Units (BTU) per year or a total fee of $100,000, whichever is greater. 311.2.6 REMP fees for snowmelt, spas, or pools shall be calculated according to the following equation: [(Supplemental Energy in BTUs per year) 3412BTU/kWh]*20 years*$0.07/kWh 31.1.2.7 Residences using REMP for supplemental energy must use the performance method see Sec 307. Minimum standards for the performance calculations are listed in Section 305 under the mandatory requirements with the following exceptions: Wall Insulation R-22 Roof Insulation R-38 Floor Insulation R- 19 Boiler Efficiency 87% Fenestration U-- 0.40 311.2.8 The following examples are illustrated for residences usmg the REMP option for snowmelt, spas, and/orpools. These residences that did not have BTU's available from the performance method calculations and are using an 87% efficient boiler. Snowmelt Example (Snowmelt requested 500 sq. ft.) (34,425(BTU per sq. ft. per year) .87 (efficiency rating of boiler))* 500 (snowmelt area)= 19,784,482 (BTU/yr) / 3412 (kWh per BTU)= 5798.5 ~kWh Vt)* 20 ,years)* .07/kWh --$8,117.90 REMP fee will be $8,117.90 Pool Example (Pool summer use only 600 sq. ft.) (29000(BTU per sq. ft. per year) / .87 (efficiency rating of boiler))*600 (pool area)-- 20,000,000 (BTU/yr) / 3412 (kWh per BTU)~- 5861.66 IkWh/yr)* 20 tyears~* .07/kWh =$8.206.00 REMP fee will be $8,206.00 46 Pool Example (Pool year around outdoor use 600 sq. ft.) (332000(BTU per sq. ft. per year) / .87 (efficiency rating of boilec0*600 (pool area)= 228,965,520 (BTU/yr) / 3412 (kWh per BTU~= 67,105.95 (kW~,r)* 20 (years)* .07/l<Wh ~$93,948.00 REMP fee will be $93,948.00 Spa Example (Spa 100 sq. ft. year around use) (430000(BTU per sq. tt. per year) / .87 (efficiency rating of boiler))* 100 tspa area)= 49,425,287 (BTU/yr) / 3412 (kWh per BTU~-~ 14,485.72 (kWh/yr)* 20 (years)* .07/kWh =$20,280.00 REMP fee will be $20,280.00 311.3 Renewable Energy Mitigation Program (KEMP) for houses over 5,000 sq. ft. A new home or remodel over 5000 sq. ft. is required to offset a small portion of their fossil fuel energy consumption through the use of on-site renewable energy or through a fiat fee payment to KEMP. 311.3,1 This requirement applies to all installations for which an application for a permit or renewal of an existing permit is filed or is by law required to be filed with or without an associated Building Permit. 311.3.2 The on-site renewable energy requirement can be met by the installation of a two-kilowatt photovoltalc or equivalent renewable energy system. This requirement can be alternatively handled off-site by payment of a KEMP fee as follows: over 5,000 sq. ft. $5,000.00 over 10,000 sq. ft. $10,000.00 · SECTION 312 - RESIDENTIAL AND NONRESIDENTIAL REPAIRS 312.1 Scope, Repairs to building components, systems, or equipment which do not increase their pre-existing energy consumption need not comply with the APECC. If a building component, system, or piece of equipment is replaced, however, it must be treated as an alteration. Section 3. That Section 8.24 of the Municipal Code of the City of Aspen, Colorado adopting the National Electrical Code is hereby repealed and reenacted to read as follows: 47 Section 8.24.010 Adoption of the National Electrical Code, most current edition, and Uniform Administrative Code Provisions for the National Electrical Code, 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 and incorporated 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, Batterymarcb Park, Quincy, Massachusetts, 02269, and the Uniform Administrative Code Provisions for the National Electrical Code. most current edition, published by the International Conference of Building Officials, 5360 Workman Mill Road, Whittier, California, 90601-2298, 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 Uniform Administrative Code Provisions for the National Electrical Code, 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, § l; 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) 8.24.020 Amendments. The following general amendments are made to the provisions of the Uniform Administrative Code Provisions for the National Electrical Code, most current edition, herein adopted by reference: Section 203 "Board of Appeals' is hereby amended to read as follows: Section 203.1 "General". In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a Board of Appeals consisting of members who are qualified by experience and training m pass on matters pertaining m building construction and who are not employees of the jurisdiction. The building official shall be an ex officio member of and shall act as secretary to said board but shall have no vote on any matter before the board. The Board of Appeais shall be appointed by the governing body and shall hold office at its .pleasure. ~/'he' board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy m the building official. 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 returned to the appellant at the discretion of the Board of Appeals, if the appellant is substantially sustained. 48 Section 301.2 "Exempt Work" the following shall be deleted as exemptions for electrical permits: 12. Electrical wiring, devices, appliances, apparatus or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy. 13. Low-energy power, control and signal circuits of Class II and III as defined in this code. Section 304.1 "Permit Fees" and Table 3-A Electrical Permits Fees are deleted and amended per Section 8.24.100. The following general amendments are made m 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-fauit circuit interrupter protection for personnel. (b) All storage areas and similar rooms in Residential Occupancies shall have surface mounted lighting fixtures with a maximum lighting capability of 1 wan per square foot and 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. Section 8.24.030 Cbmpliance required; penalty. (a) Any person, firm or corporation violating any of the provisions of the National Electrical Code, most 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 or 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 8.24.050 General requirements for light, power, or heating installations. 49 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, most current edition, of the National Fire Protection Association shall b6 prima facie evidence of such latest and most approved methods. It shall be unlawful m energize any electrical installation or equipment until a certificate of inspection has been issued. Section 8.24.060 Specifications for installations generally. All service conductors outside a building shall be in approved conduits to the first point of overcurrant 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 £he electrical inspector and the fire marshal. Current metering devices shall be located outside the building or ~n a location always accessible to the electric utilities which complies with the National Electrical Code requirements for service panel access. Section 8.24.100 Fees Where a permit is required by this chapter there shall be imposed an inspection fee as determined by the schedule adopted in C.R,S. 1973. Section 12-23-117, as it exists or may hereinafter be amended. Section 8.24.110 Record keeping required for building inspector. The building department shall keep a record of all permits issued and inspections made under the provisions of this article. Section 8.24,120 Liability for damages. This chapter shall not be construed to relieve from or lessen the responsibility or liability of any party owning, operating, controlling or installing any electrical eqmpment for damages to anyone injured or any property destroyed by reason of the performance of any inspection authorized by this chapter, or the issuance of any certificate of inspection under the provisions of this chapter, Section 8.24.130 Installation of meters. 50 No electric meter shall be installed within the City of Aspen by any utility company without first having received the approval of the building inspector for such installation. Section 4. That Section 8.32 of the Municipal Code of the City of Aspen, Colorado adopting the Uniform Housing Code is hereby repealed and reenacted to read as follows: 8.32.010 Adoption of the Uniform Housing Code, 1997 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 as the housing code of the City of Aspen the Uniform Housing Code, 1997 Edition, (excepting Section 203 therein), published by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California, 90601, all to have the same force and effect as though set forth herein in every particular. (Code 1962, § 4-8-i; Ord. No. 5-1965; Ord. No. 3-1971, § 1; Or&No. 52-1974, § 1: Code 197l, ~ 7-196) 8.32.020, Amendments. The Uniform Housing Code, 1997 Edition, as adopted by the City of Aspen at section 8.32.010, is hereby amended to provide and read as follows: Whenever in said Uniform Housing Code hereby adopted there is made reference to the "Housing Advisory and Appeals Board" there shall be read in lieu thereof the "board of examiners and appeals" which agency shall exercise all powers granted to the Housing Advisory and Appeals Board in the Uniform Housing Code, (Ord. No. 52-1974, § 1: Code 197l, § 7-197) Editor's note--Prior to the enactment of Ord. No. 52-1974, fonner§ 7-197 set forth the penalty for violation of the housing code and was derived from Ord. No. 3-1971, § 6. (a) Sec. 204 "Violations" shall be amended to read as follows: No person, firm, or corporation, whether as owner, lessee, sublessee, or occupant, shall erect, construct, enlarge, alter and repair, move, improve, remove, demolish, eqtdp, use, occupy, or maintain any building or premises, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this code or any order issued by the building official hereunder. Any person, firm or corporation violating any of the provisions of this code shall be deemed guilty of a misdemeanor, mad 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 c6nmaitted, continued, or 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 51 (90) days, or by both such fine and imprisomnent. (Ord. No. 52-1974, § 2: Code 1971, § 7-198) Section 5. That Chapter 8.36 of the Municipal Code of the City of Aspen, Colorado adopting the Uniform Plumbing Code is hereby repealed and reenacted to read as follows: 8.36.010 Adoption of the 1997 Edition of the International Plumbing Code. Pursuant to the power and authority confen-ed 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, 1997 Edition (inclusive of Appendices B, E, G) published by the Intematinnal Conference of Building Officials, 5360 South Workman Road, Whittier, California 90601, except as otherwise provided by amendment or deletion as contained in section 8.36.020 of this chapter. At least one (1) copy of the International 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. (Code 1962. § 4-3-1; Ord. No. 1969-1; Ord. No. 58- 1990, § 1; Ord. No. 53-1994, § 31: Code 1971, § 7-2~3) 8.36.020, Amendments. The International Plumbing Code, 1997 Edition, as adopted by the City of Aspen at section 8.36.020, is hereby amended to provide and read as follows: Section 108.4 "Violation penalties", is amended to read as follows: Section 108.4 Violation penalties. Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair plumbing work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000.00) or by impnsoument not exceeding ninety days (90), or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. (b) Section 103.5 "Liability" is amended to read as follows: Section. 103.5 Liability. The administrative authority', 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 52 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 thereofi 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. (c) Section 106,1 "When Required" is hereby amended by the addition of new subsections 106.1.1. 106.1.2, and 106,1.3, to read as follows: Section. 106.1.1 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 provtsions of this code. No permit presunung to give authority to violate or cancel the provisions of this code shall be valid, except insofar as the work or use which it authorized is lawful. Section. 106.1.2 The issuance or granting of a permit or approval of plans shall not prevent the Administrative Authority 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. Section, 106.1.3 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 recormnended, a new permit shall be first obtained to do so, and the fee therefor shall be one-half of the amoant required for a new permit for such work provided no changes have been made, or will be made in the original plans and specifications for such work; and provided, further, that such suspension or abandotmaent has nor 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. (d) Section 106.5.2 "Fee Schedule" is hereby amended to read as follows: Plumbing Permit Fees. Permit issuance: 1. Each permit $23.50 ~ 2. Each supplemental permit $7.25 Unit fee schedule: 53 1. For each plumbing fixture on one trap or a set of fixtures on one trap (including water, drainage piping and backflow protection therefor) $9.80 2. For each building sewer and each trailer park sewer $24.65 3. Rainwater systems--per drain (inside building) $9.80 4. Each cesspool (where permitted) N/A 5. Each private sewer disposal system N/A 6. Each water heater and/or vent $12.30 7. Each gas-piping system of one to five outlets $6.15 8. Each additional gas piping system outlet, per outlet $1.10 9. Each industrial waste pretreatment interceptors, including its trap and vent, except kitchen-type grease interceptors functioning as fixture traps $19.90 10 Each installation, alteration or repmr of water piping and/or water treating equipment $4.75 11. Each repair or alteration of drainage or vent piping, each $4,75 12. Each lawn sprinkler system on any one meter including backflow protection devices therefor $14.80 13. Atmospheric type vacuum breakers not included in item 12, up to 5 $12.30 over 5, each $2.25 14. Each backilow protection device other than atmospheric type vacuum breakers. One inch diameter and smaller $12.30 Over 2 inch diameter $24.65 15. Each graywater system $44.00 16. Initial installation and testing for a reclaimed water system $32.00 17. Each annual cross-connection testing of a reclaimed water system texclud'mg initial test) $32.00 Other inspections and fees: * 1. Inspections outside ofnormai business hours $49.50 *2. Re-inspection fee $49.50 *3. Inspections for which no fee is specifically indicated $49.50 *4. Additional plan review required by changes, additions or revisions to approved plans (minimum chargeo-l/2 hr) $49.50 54 · Per hour for each hour worked or the total hourly costs m the jurisdiction, whichever is greater for all other inspections. This cost shail include supervision, overhead, equipment, hourly wages and fringe benefits of all employees involved. (e) Section 109 "Means of Appeai" is hereby amended to read as follows: Section 109.1 Generai. In order to hear and decide appeais of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a Board of Appeals consisting of members who are qualified by experience and training to pass on matters pertaiuing to building construction and who are not employees of the jurisdiction. The building official shail be an ex officio member of and shall act as secretary to said board but shail have no vote on any matter before the board. The Board of Appeais shall be appointed by the governing body and shall hold office at its pleasure, The board shall adopt rules of procedure for conducting its business, and shall render al! decisions and findings in writing To the appellant with a duplicate Copy to the building official. At the time of perfecting an appeai to the Board of Appeais, the appellant shall be required to pay an appeals fee of seventy-five dollars ($75.00), wlfich fee may be returned to the appellant at the discretion of the board of appeais if the appellant is substantially sustained. Section 109.2 Limitations of Authority. The Board of Appeals shall have no authority relative to interpretation of the administrative provisions of this code nor shail the board be empowered to waive requiremems of this code. Section 6. That Chapter 8.44 of the Municipal Code of the City of Aspen, Colorado adopting the Uniform Mechanicai Code, be and is hereby repeaied and reenacted to read as follows: 8.44.010 Adoption of the 1997 Editions of the IJniform Mechanical Code. 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 ~s hereby adopted and incorporated herein by reference as if fully set forth those regulations contained in the Uniform Mechanical Code, 1997 Edition, (inclusive of Appendices A, B, C, D), 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 8.44.020 of this chapter, At least one (1) copy of the Uniform Mechanical Code shall be available for ~nspection during regular business hours.(Ord. No. 57-1990, ~ 1; Ord. No. 53-1994, § 34: Code 1971, § 7-245) 55 8.44.020 Amendments. The Uniform Mechanical Code, 1997 Edition, as adopted by the City of Aspen at section 8.44.010, is hereby amended to provide as follows: (a) Section 108.8 "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 110 "Board of Appeals" is anaended by the addition of the following paragraph to Section 110.1 "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 by the Board of Appeals in accordance with the provisions contained in Chapter 8.08 of the Municipal Code of the City of Aspen. The Board of Appeals shall possess that authority as specified in Chapter 8,08 of the Municipal Code. (c) Section 111 "Violations" is amended to read as follows: Section 111.1 '~General:" (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 p~ping or any fixture or water treating equipment in 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 vlolation of this code. 56 (b) Any person, firm or corporation violating any of the provisions of the Uniform Mechanical Code, 1997 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 or 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 7. Title 8 of the Municipal Code of the City of Aspen be and is hereby adopted to read as follows: 8.48.010 Adoption of the 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings. 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 Code for the Abatement of Dangerous Buildings, 1997 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 8.48.020'of this chapter, At least one (1) copy of the Uniform Code for the Abatement of Dangerous Buildings shall be available for inspection during regtflar business hours. 8.48.202 Amendments The Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, as adopted by the City of Aspen at section 8.48.010, is hereby amended to provide as follows: (a) Section 205 "Board of Appeals" is amended to read as follows: Appeals from determinations or decisions made by the building official relative to the application and interpretation of this code shall be processed and heard by the Board of Appeals in accordance with the provisions contained in Chapter 8.08 of the Municipal Code of the City of Aspen. The Board of Appeals shall possess that authority as specified in Chapter 8.08 of the Municipal Code. 57 Section 8. That Title 8 of the Municipal Code of the City of Aspen, Colorado is hereby amended by the addition of Chapter 8.52 which shall read as follows: 8.52.010 Adoption of the 1997 Edition of the Uniform Code for Building Conservation. 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 Code for Building Conservation, 1997 Edition, published by the International Conference of Building Officials, 5390 South Workman Mill Road, Whittier, California 90601, except as otherwise provided by an~endment or deletion as contained in section 8.48.020 of this chapter, At least one (1) copy of the Uniform Code for Building Conservation shall be available for inspection during regular business hours. 8.52.020 Amendments The Uniform Code for Building Conservation, 1997 Edition, as adopted by the City of Aspen at section 8.52.010, is hereby amended to provide as follows: (a) Section 205 "Board of Appeals" is amended to read as follows: Appeals from determinations or decisions made by the building official relative to the application and interpretation of this code shall be processed and heard by the Board of Appeals ~n accordance with the provisions contained in Chapter 8.08 of the Municipal Code of the City of Aspen. The Board of Appeals shall possess that authority as specified in Chapter 8.08 of the Municipal Code. Section 9. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion thereof, 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 58 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 13~ of December, 1999 at 5:00 p.m. 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, Colorado, at it's regular meeting held ar the City of Aspen, December 13, 1999. Rac~lel E. Richards, Mayo~ ATTEST: : Ka~thrynKoc~/~ty Ct~rk FINALLY, adopted, passed and approved on the /~C day o f.~~/~ 1999. 'A-~TES T: Kathry~ Kof City Clerk 59 I