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HomeMy WebLinkAboutcoa.lu.ca.GIS.1995 ,-' ,-.. VI'ei MEMORANDUM TO: Mayor and City Council Amy Margerum, City Manage~ ~ stan Clauson, Community Development Directo;-~' THRU: THRU: FROM: Mary Lackner, Planner RE: Land Use Code Text Amendments - Geographic Information System (GIS) Updating- Ordinance 54, Series 1995 -2nd Reading DATE: December 11, 1995 ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY: City and County staff are seeking a land use code text amendment to enact legislation for the updating of the City's GIS system with subdivision applications, building permits, and work within the public right-Of-way permits. The text amendments will require applicants to provide plats and plans in a digital format. APPLICANT: Staff initiated code amendment. Staff from the Assessor's Office, Community Development, Data Processing, Streets, and Engineering are seeking approval of this code amendment. BACKGROUND: The City of Aspen has a geographic information system of which the majority of physical information was obtained by a May 1991 aerial fly-over. Presently the City does not have a method to update the structure, driveway, and utility layers. The Assessor's Office digitizes new plats into a digital form for incorporation into the parcel layer. This code amendment sets procedures to require digital information in a form acceptable to the City and allows for continual updating of the GIS as development occurs. As the overall GIS database develops and additional staff begin to utilize the system, its use for planning purposes and development analysis will increase significantly. The GIS can be used to create base maps, prepare land use analysis, map development alternatives, identify adjacent property owners, and numerous other applications. By requiring and maintaining current information in the GIS the use applications and quality expands. A mirror code amendment to amend the Pitkin County Land Use Code is concurrently being processed through the County. This will permit updating on a countywide level. PREVIOUS COUNCIL ACTION: none. CURRENT ISSUES: At first reading, Council directed staff to define minor development in the ordinance. Minor development will be exempt from the requirement to provide digital data. Minor I'"" ."'"', development will be defined as work that does not change existing building footprints by more than 20%. The proposed text amendment is subject to the review standards of section 24-7-1002 which is included in Exhibit "A". Staff believes the proposed text amendment will improve and expand the City's GIS system. The public is becoming a primary user of GIS services, and as the education level of staff increases regarding GIS, this information will be used more for planning analysis. The text amendment changes the existing map and plat information be submitted in a digital format in addition to the present paper copies. This information will be required with all new subdivision applications and plats, building permits, and work within the public right-of-way permits. Most engineering, survey, and architectural firms prepare their map and plat information in a digital format that will be compatible with GIS. There are some firms that do not use technology that will provide this digital information, and projects involving a single family residence may get this information in a digital form for under $100, from a variety of sources. More complicated projects, such as involving multiple units or sUbdivision, would cost several hundred dollars. EXISTING REGULATIONS: Presently the Aspen Municipal Code requires specific information to be shown on subdivision applications and plats, building permit plans and for permits for work within public rights-of-way. This text amendment is only seeking that this information be submitted in a digital format as well as the existing paper copies. RECOMMENDATION: The Planning Office and the Planning and Zoning commission recommend approval of the proposed code amendment. PROPOSED MOTION: "I move to approve Ordinance 54, Series of 1995 for land use code amendments for GIS updating." CITY MANAGER COMMENTS: Ordinance 54, Series 1995 Exhibits HAil _ Review standards section 24-7-1102 2 ~ MEMORANDUM r-yl\c TO: Mayor and city council Amy Margerum, City Manager~ ~ , stan Clauson, Community Development Directbr~' THRU: THRU: FROM: Mary Lackner, Planner RE: Land Use Code Text Amendments - Geographic Information System (GIS) Updating- 1st Reading DATE: November 13, 1995 ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY: City and County staff are seeking a land use code text amendment to enact legislation for the updating of the city's GIS system with subdivision applications, building permits, and work within the public right-of-way permits. The text amendments will require applicants to provide plats and plans in a digital format. APPLICANT: Staff initiated code amendment. Staff from the Assessor's Office, Community Development, Data Processing, Streets, and Engineering are seeking approval of this code amendment. BACKGROUND: The city of Aspen has a geographic information system of which the majority of physical information was obtained by a May 1991 aerial fly-over. Presently the City does not have a method to update the structure, driveway, and utility layers. The Assessor's Office digitizes new plats into a digital form for incorporation into the parcel layer. This code amendment sets procedures to require digital information in a form acceptable to the city and allows for continual updating of the GIS as development occurs. As the overall GIS database develops and additional staff begin to utilize the system, its use for planning purposes and development analysis will increase significantly. The GIS can be used to create base maps, prepare land use analysis, map development alternatives, identify adjacent property owners, and numerous other applications. By requiring and maintaining current information in the GIS the use applications and quality expands. A mirror code amendment to amended the Pitkin County Land Use Code is concurrently being processed through the County. This will permit updating on a countywide level. PREVIOUS COUNCIL ACTION: none. CURRENT ISSUES: review standards "A". The proposed text amendment is subject to the of section 24-7-1002 which is included in Exhibit ,~ /~ staff believes the proposed text amendment will improve and expand the City's GIS system. The public is becoming a primary user of GIS services, and as the education level of staff increases regarding GIS, this information will be used more for planning analysis. The text amendment changes the existing map and plat information be submitted in a digital format in addition to the present paper copies. This information will be required with all new subdivision applications and plats, building permits, and work within the public right-of-way permits. Most engineering, survey, and architectural firms prepare their map and plat information in a digital format that will be compatible with GIS. There are some firms that do not use technology that will provide this digital information, and projects involving a single family residence may get this information in a digital form for under $100, from a variety of sources. More complicated projects, such as involving multiple units or subdivision, would cost several hundred dollars. EXISTING REGULATIONS: Presently the Aspen Municipal Code requires specific information to be shown on subdivision applications and plats, building permit plans and for permits for work within public rights-Of-way. This text amendment is only seeking that this information be submitted in a digital format as well as the existing paper copies. RECOMMENDATION: The Planning Office and the Planning and Zoning commission recommend approval of the proposed code amendment. PROPOSED MOTION: "I move to read Ordinance 5-=t, Series of 1995." "I move to approve the GIS code amendments at first reading." CITY MANAGER COMMENTS: ordinance~, Series 1995 Exhibits "A" - Review standards section 24-7-1102 2 ~ ,,,.-..,, Exhibit A section 24-7-1102 Amendments to the Tex~ of this Chapter and to the Official 30ne District Map ---------------------------------------------------------------- ---------------------------------------------------------------- A. Whether the proposed amendment is in conflict with any applicable portions of this chapter. Response: Staff does not find the proposed amendment to be an conflict with any other portions of this chapter. B. amendment is consistent of the Aspen Area Whether the proposed with all elements comprehensive Plan. Response: The Aspen Area Community Plan does not address the City/County Geographic Information System. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Response: The proposed amendment will change the submission requirements for all new subdivision applications and final plats, building permits, and development occurring within the public right-of-way. There is no physical change to the development that will occur on a property, so there will be no compatibility issues. D. The effect of the proposed amendment on .traffic generation and road safety. Response: This proposed generation or road safety. access roads and driveways legislation does not affect traffic Submitted information will identify new to keep the GIS current. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Response: The proposed amendment will not increase demand on any services or public facilities. Should this text amendment not be approved, the city may be required to allocate additional funds to update the GIS to catch up to development changes in the future. ,~ ~ F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. Response: The proposed code amendment will not have any impact on the natural environment. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Response: Staff does not relate this code amendment to community character and does not believe this criteria is applicable. H. Whether there have been affecting the subject surrounding neighborhood proposed amendment. changed conditions parcel or the which support the Response: This code amendment does not relate to any parcel or neighborhood. It will be applicable to subdivision applications and plats, building permits, within public rights-of-way in the city. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this chapter. specific all new and work Response: This amendment is not in conflict with the public interest or the City of Aspen Municipal Code. r f"'"" f"'"" " MEMORANDUM TO: Aspen Planning and Zoning commission FROM: Mary Lackner, Planner RE: Land Use Code Text Amendments - Geographic Information System (GIS) Updating DATE: October 17, 1995 ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY: City and County staff are seeking a land use code text amendment to enact legislation for the updating of the city's GIS system with subdivision applications, building permits, and work within the public right-of-way permits. The text amendments will require applicants to provide plats and plans in a digital format. APPLICANT: Staff initiated code amendment. Staff from the Assessor's Office, community Development, Data Processing, and Engineering are seeking approval of this code amendment. BACKGROUND: The City of Aspen has a geographic information system of which the majority of physical information was obtained by a May 1991 aerial fly-over. Presently the City does not have a method to update the structure, driveway, and utility layers. The Assessor's Office digitizes new plats into a digital form for incorporation into the parcel layer. This code amendment sets procedures to require digital information in a form acceptable to the City and allows for continual updating of the GIS as development occurs. As the overall GIS database develops and additional staff begin to utilize the system, its use for planning purposes and development analysis will increase significantly. The GIS can be used to create base maps, prepare land use analysis, map development alternatives, identify adjacent property owners, and numerous other applications. By requiring and maintaining current information in the GIS the use applications and quality expands. A mirror code amendment to amended the Pitkin County Land Use Code is concurrently being processed through the County. This will permit updating on a countywide level. STAFF COMMENTS: Land Use Code amendments are subject to Section 24-7-1102 of the Aspen Municipal Code. This provision requires the Commission and Council to consider the following: A. Whether the proposed amendment is in conflict with any applicable portions of this chapter. Response: Staff does not find the proposed amendment to be an conflict with any other portions of this chapter. ,~ I~' 0' B. amendment is consistent of the Aspen Area Whether the proposed with all elements comprehensive Plan. Response: The Aspen Area Community Plan does not address the city/County Geographic Information System. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Response: The proposed amendment will change the submission requirements for all new subdivision applications and final plats, building permits, and, development occurring within the public right-of-way. There is no physical change to the development that will occur on a property, so there will be no compatibility issues. D. The effect of the proposed amendment on traffic generation and road safety. Response: This proposed generation or road safety. access roads and driveways legislation does not effect traffic Submitted information will identify new to keep the GIS current. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. '. Response: The proposed amendment will not increase demand on any services or public facilities. Should this text amendment not be approved, the City may be required to allocate additional funds to update the GIS to catch up to development changes in the future. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. Response: The proposed code amendment will not have any impact on the natural environment. G. Whether the proposed amendment is consistent and compatible with the community character in the city of Aspen. Response: Staff does not relate this code amendment to community 2 ~ ~ character and does not believe this criteria is applicable. Whether there have been affecting the subject surrounding neighborhood proposed amendment. Response: This code amendment does not relate to any specific parcel or neighborhood. !t will be applicable to all new subdivision applications and plats, building permits, and work within public rights-of-way in the city. H. changed conditions parcel or the which support the I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this chapter. Response: This amendment is not in conflict with the public interest or the city of Aspen Municipal Code. EXISTING REGULATIONS: Presently the Aspen Municipal Code requires specific information to be shown on subdivision applications and plats, building permit plans and for permits for work within public rights-Of-way. This text amendment is only seeking that this information be submitted in a digital format as well as the existing paper copies. PROPOSED TEXT AMENDMENT: The following sections of the Municipal Code are proposed to be amended: section 24-7-1004 (D) (1) (.0 Subdivision Submission Requirements 4. GIS Data. All subdivision applications shall submit the requirements specified in Section 7-1004(C) and Section 7-1004(0) in a digital format acceptable to the Communi ty Development Department. Base information shall be obtained from the Community Development Department. Section 24-7-1005(E) Recordation of Final Subdivision Plat Submission Requirement E. Recordation. The subdivision agreement and plat shall be recorded in the office of the Pitkin county clerk and recorder. Failure on the part o,f the applicant to record the plat within a period of one hundred and eighty (180) days following approval by the city council shall render the plat invalid and reconsideration and approval of the plat by the 3 r-, r-, commission and city council will be required before its acceptance and recording, unless an extension or waiver is granted by city council for a showing of good cause. The subdivision plat shall also be submitted in a digital format acceptable ,to the community Development Department, for incorporation into the City/County GIS system. The one hundred and eighty (180) day recordation requirement contained herein shall not apply to the recording of condominium maps, or declarations or any other documents required to be recorded to accomplish a condominiumization in the City of Aspen. section 24-3-101 Addition of a new Definition Geographic Information System. An organized collection of computer hardware, software, geographic data, and personnel designed to efficiently capture, store, update, manipulate, analyze, and display all forms of geographically referenced information. section 7-106.3.1 Submission Requirement for Building Permit 1. Prior to issuance of any building permits, the location of building footprints and site improvements including sidewalks, easements, property boundary, driveways, utility locations, and related features shall be submitted in a digital format acceptable to the Community Development Department for incorporation into the City/County GIS system. Revised digital data shall be submitted with all change orders. Base information shall be obtained from the Community Development Department. section 19-90 Development within Public Rights-of-way The applicant shall submit reproducible mylar as-built drawings of sidewalk, utility improvements, driveways, topographical changes, and other work located within public rights-of-way, showing horizontal and vertical locations of buried utili ties, including their size, identification, together with any other facilities or features encountered during excavation within the rights- of-way. The as-builts shall be signed and stamped by a registered professional engineer. The as-builts shall also be submitted in a digital format acceptable to the City Engineer for incorporation into the City/County GIS system. 4 . 1""'\ 1""'\ SUMMARY: Staff believes the proposed text amendment will improve and expand the City's GIS system. The public is becoming a primary user of GIS services, and as the education level of staff increases regarding GIS, this information will be used more ,for planning analysis. The text amendment changes the existing map and plat information be submitted in a digital format in addition to the present paper copies. This information will be required with all new subdivision applications and plats, building permits, and work within the public right-of~way permits. Most engineering, survey, and architectural firms prepare their map and plat information in a digital format that will be compatible with GIS. There are some firms that do not use technology that will provide this digital information, and projects involving a single family residence may get this information in a digital form for under $100, from a variety of sources. More complicated projects, such as involving multiple units or subdivision, would cost several hundred dollars. RECOMMENDATION: The Planning Office recommends that the Planning and Zoning Commission recommend approval of the proposed code amendment. Exhibits "A" - Proposed Ordinance 5 r'I r'I ~ PUBLIC NOTICE RE: AMENDMENTS TO THE TEXT OF CHAPTER 24, CHAPTER 19 AND CHAPTER 7 OF THE ASPEN MUNICIPAL CODE NOTICEIS HEREBY GIVEN that a public hearing will be held on Monday, November 27, 1995 at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider the following amendments to the text of the City of Aspen Land Use Code to provide for updating of the Geographic Information System (GIS): Chapter 24, Land Use Regulations' 1. Section 7-1004(D)(l)(a), Contents'of Application 2. Section 7-1005(E), Subdivision Agreement 3. Section 3-101, DefInitions Chapter 19, Streets/Sidewalks and Other Public Property 1. Section 19-90, As-Built Drawings Required Chapter 7; Building and Building Regulations 1. Section 7-106.3.1.7, Application for Permit For further information, contact Mary Lackner at the AspenlPitkin Community Development Department, 130 S. Galena St., Aspen, CO 920-5106 s1John Bennett. Mavor Aspen City Council Published in the Aspen Times on November 11, 1995 City of Aspen Account I- r'\ r'\ MEMORANDUM To: Mary Lackner From: Chuck Roth (21<-- Date: September 25, 1995 Re: GIS Code Amendment I have provided copies of the proposed ordinance to David Hauter and Jack Reid. The language for Section 19-90 is not quite appropriate. It is language that was first developed for the Juan Street AH Project. It provides for a product similar to what the City received for that project and for East Hopkins AH. We used similar language for Williams Ranch and for Shadow Mountain. It is higWy appropriate language for large projects, City projects, and improvement districts, but it is not appropriate for typical utility work in city streets and alleys. ~ Attached is Sec. 19-90. David and I have discussed this a bit, and more work will be needed. The ~!if~ I' excavation permit fee should be raised from the current $25.00 to $75 or $125 so that Streets b through DP can provide the permittee with a GIS map of the area for the excavator to mark up as WI,~ currently described in 19-90, and for DP to process back into GIS. This is based on a $50 estimate p.ur Y &tv, that I received from Jim Considine to digitize a building footprint onto a lot line plan. ,1.11 [,l;~5J t? !wfle, f) For this ordinance, I suggest the following language for Sec. 19-90: The Streets Department will furnish the excavator with a site plan from the GIS data base. Upon completion of the excavation, the excavator shall furnish a mark-up ofthe GIS plan showing all utilities encountered during the excavation, their size and their identification, and their location based on swing ties to fixed monuments such as manholes, street lights, curbs, and their depths below the surface of the street, alley, or sidewalk area. ~) fLdfulu.,ir,jJ/ 7..uvs; stkI-M / /Lo jJM'MwJ >,' lljl cc: Stan Clauson, David Hauter, Jack Reid, Heather Jernberg M95.l96 tf' 8Ep < j \ .,.~-S \':'.'\~vS"(o "wry \,,>~. ~ "" iA,.... <,' ~~'~ 1 ~ ,~ - STREETS, SIDEWALKS AND OTHER PUBLIC PROPERTY S 19-90 ". ( process of law, or any other unexpected obstacles cause work to be stopped for so long that public travel is unreasonably obstructed, the director of public works may order the excavation refilled, compacted and repaved as if the work contemplated in the permit were actually completed. (Ord. No., 20-1990, S 2) Sec. 19.86. Repair to paved streets. AIl excavated streets that contain a layer of paving fabric shall be replaced with paving fabric. Specifications for the paving fabric may be obtained.from the director of public works. (Ord, No. 20-1990, S 2) Sec. 19.87. Placement of ribbon in utility trenches. AIl utility installations must have warning ribbon placed in the trench, eighteen (18) inches above the cable, pipe or conduit. This applieS to all exposed utilities. The tape may be obtained from the utilities. The color of the tape shall be per industry standards. (Ord. No. 20-1990, S 2) .( Sec. 19.88. Asphalt repaving. In the case of excavations requiring repaving the following specifications will apply: Asphalt repaving shall be at least four (4) inches in depth, applied in two (2), two-inch lifts. The asphalt repaving shall extend outside the excavation by at least twelve (12) inches to a clean- cut, square-cornered, vertical edge. A paving lay-down machine shall be utilized to repave longitudinal trenches with a width in excess of one-third of a traveled lane. AIl asphalt paving must be applied within seven (7) working days after the trench is backfilled. The permittee shall remove and haul away excess asphalt. (Ord. No, 20-1990; s 2) Sec. 19.89. Restrictions to protect pedestrian and vehicular traffic. No opening or excavation shall be undercut or have a greater width at the bottom than the top. In no case shall more than one-half of the width of any street, alley or other public place be opened or excavated at anyone time, and in all cases one.half of such street, alley or other public place shall remain untouched for the accommodations of traffic until the other one-half is restored for safe use unless authorized by the director of public works. AIl such work shall be performed in such a way as to cause minimum inconvenience and 'restriction to 'the public and both pedestrian and vehicular traffic. (Ord. No. 20-1990, S 2) Sec. 19.90. As.built drawings required. Upon completion of the excavation, the excavator shall furnish a sketch showing all utilitiesen~ountered during the excavation, their size and their identification, and their ( Supp. No.2 1245 , v . ("""\, ,-" S 19-90 ASPEN CODE location based on swing ties to fIxed monuments such as manholes, street lights, curbs, and their depths below the surface of the street, alley or sidewalk area. (Ord. No. 20-1990, S 2) ( Sec. 19.91. Excavation und.er existing curb and gutter and sidewalk. If any excavation occurs under existing curb and gutter or sidewalk, that curb and gutter and sidewalk shall be removed and replaced. The replacement shall be from the nearest concrete joint. The curb and gutter and sidewalk must be replaced within seven (7) working days after the excavation is complete. Permittees may bore under curb, gutter and sidewalk and not have to replace it if approved by the director of public works. (Ord. No. 20.1990, S 2) Sec. 19.92. Dust control. It shall be the permittee's responsibility to control dust at the excavation site. Dust control measures shall occur as often as necessary as determined by the director of public works. (Ord. No. 20.1990, S 2) Sec. 19.93. Violation; penalty. Any violations of this chapter are punishable by a fIne of not more than three hundred dollars ($300.00), or by imprisonment not to exceed ninety (90) days, or revocation of the violator's builder's or excavating license, or any combination of such fIne, imprisonment and revocation. (: "f. Each such person is guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of the city is committed, continued or permitted by any such person, and shall be punished accordingly. (Ord. No. 20-1990, S 2) Sees. 19.94, 19.95. Reserved. ARTICLE IV. SIDEWALK, DRIVEWAY, CURB AND GUITER* Sec. 19-96. Permit required. No sidewalk, driveway, curb, gutter or related street improvement required by this article shall be constructed or repaired without complying with the requirements of Article III ofthis chapter. (Ord. No. 30-1975, S 1) *Editor's note-Ord. No. 30-1975, S 1, repealed Art. IV, S9 19-91~19-106, pertaining to sidewalk. curb or driveway construction or repair, and enacted in lieu th.!reof a new Art. IV, SS 19-96-19-104, as herein set out. Former Art. IV was derived from Code 1962, 9S 8-1-1, 8-1-2,8-14-8-1-8,8.1-12-8-1-15; Ord. No. 5-1967; Ord. No. 14-1970; and Ord. No. 22-1970. Supp. .No. 2 1246 ,.,-." ,.,-., ORDINANCE NO. 53 series of 199.r- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, ADOPTING 1994 EDITIONS OF CERTAIN UNIFORM BUILDING CODES; ADOPTING REQUIREMENTS, PROCEDURES AND CRITERIA FOR CONSTRUCTION CONTRACTOR TESTING AND LICENSING; REQUIRING TESTING OF ALL BUILDING PERMIT APPLICANTS; AMENDING THE JURISDICTION OF THE BOARD OF APPEALS AND EXAMINERS AND AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT FOR RECIPROCAL CONTRACTOR TESTING. WHEREAS, extensive construction activities are taking place in the City of Aspen and the Roaring Fork Valley; and WHEREAS, increasing complexity in construction standards and requirements imposed by the Uniform Building Code, as adopted by the City of Aspen, requires high standards of knowledge by contractors and others engaged in construction to ensure public health and safety in the construction of buildings; and WHEREAS, coordination between jurisdictions in the Roaring Fork Valley will aid in the uniform and effective regulation of persons engaged in construction activities, ensuring increased public safety; and WHEREAS, the Chief Building Official is the city staff member best able to administer testing procedures for persons engaged in construction activities; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. Repeal of Provisions. Sections 7-3, 7-4, 7-65, 7-81, 7-82, 7-84, 7-85, 7-86, 7-87, 7-88, 7-89, 7-90, 7-91, 7-92, 7-98, and 7-102 be and hereby are repealed. 1 ~ ~ section 2. That section 7-2 of, the Municipal Code of the city of Aspen, Colorado, is hereby amended to read as follows: Sec. 7-2. Chief Building Official - Appointment and Removal. There shall be a chief building official who shall be appointed by and be responsible to the city manager and shall serve at the pleasure of the city manager. section 3. Duties of Chief Building Official. That section 7-5 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: Sec. 7-5. Same - Duties. The chief building official shall be responsible for the enforcement of the building code, the electric code, plumbing code, housing code and all special hazard codes which may now or hereafter be adopted. During or before the last week of January of each year the chief building official shall submit to the city manager a full report of the work of the position. section 4. composition of Board of Appeals. That Section 7-22 (b) of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: Sec. 7-22 composition; term; qualifications. (cl The chief building official shall be an ex officio member of the board of appeals and shall act as secretary of the board. Section 5. Jurisdiction of Board of Appeals. That Section 7-28 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 7-28 Powers and Duties. 2 ., , ~ ,~, (c) To hear and determine all appeals from orders of the chief building official denying, suspending, or revoking contractor's licenses, in conformity with this Code. section 6. Appeal Fees. That section 7-38 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: Sec. 7-38. Fee. At the time of perfecting an appeal to the board of appeals, the appellant shall be required to pay an appeal fee of seventy-five dollars ($75.00), which fee may be returned to the appellant at the discretion of the board of appeals if the appellant is substantially sustained. section 7. Building Permit Requirements. That Section 7-60 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: Sec. 7-60. compliance with article required. It shall be unlawful for any person to violate anY provisions of this article or to violate or refuse to obey any order issued under authority or neglect to pay any fee assessed under authority. section 8. Issuance of permits. That section 7-61 of the Municipal Code of the City of Aspen, colorado, is hereby amended to read as follows: Sec. 7-61. Issuance of permits only to license holders or agents, and homeowner-builders. (a) On any work requiring a building permit, permits shall be issued only to licensed contractors, authorized representatives of licensed contractors, and homeowner- builders. (b) For purposes of this article, a "homeowner-builder" is an individual personally engaged in the construction of a single-family residence for his own use. The following requirements shall apply to homeowner-builders seeking permits for construction: (1) The homeowner-builder has satisfactorily 3 ~, ~ completed an examination in a form and manner prescribed by the chief building official; (2) The homeowner-builder has read applicable regulations and provisions of this article and affirmed in writing that the proposed project will comply with all such requirements; (3) The homeowner-builder intends to occupy the completed structure as his personal residence for at 'least one year commencing upon issuance of a certificate of ,occupancy for the premises; (4) rent date The property shall not be offered for sale or prior to the expiration of one year from the of issuance of the certificate of occupancy; (5) No more than two workers, in addition to the homeowner-builder, and excluding licensed contractors, may be present on the worksite at any time; and, (6) The homeowner-builder must be present at the worksite during all inspections and conferences with the Building Department; In the event that any of the above listed requirements is not met at any time during the course of the project for which a permit has been issued, the permit for the project may be revoked by the chief building official. No new permit for completion of the project may be issued except to a licensed contractor. The revocation of a permit issued to a homeowner- builder, based upon the violation of any of the above conditions, shall be grounds for denial of additional homeowner-builder permits to that individual for a period of two years. section 8. safety standards applicable to all persons. That section 7-63 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: Sec. 7-63. Safety standards generally. (a) All state laws, provisions of this Code or other City ordinances dealing with measures for the safety of workmen and the public shall be observed by all persons within the city, in addition to any requirements contained in this article. (b) It shall be unlawful for any person to be careless or negligent in obtaining minimum safety measures, including appliances, apparatus, and equipment to protect workmen and the general public. 4 ,-- ~, section 9. Permits required. That section 7-64 of the Municipal Code of the city of Aspen, Colorado, is hereby amended to read as follows: Sec. 7-64. Failure to obtain required permit or inspection prohibited. It shall be unlawful for any person to fail to obtain inspection services when the same are required or fail to obtain a permit when the same is required. section 10. Enforcement. That section 7-67 of the Municipal Code of the City of Aspen, colorado, is hereby amended to read as follows: Sec. 7-67. Enforcement. The chief building official decisions and orders of the provisions of this article. shall enforce and execute all board of appeals and the section 11. Building Official to Issue Licenses. That section 7-77 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: Sec. 7-77. compliance with law and supervisory clauses required. All licenses enumerated in this division shall be issued by the chief building official in accordance with the provisions of this Code and standards and regulations promulgated by the chief building official and shall be subject to the supervisory clauses contained in this division. The chief building official is authorized to promulgate standards and regulations for the administration of tests for the licenses required by this division. The chief building official is further authorized to recognize, for purposes of contractor licensing, results of tests administered by other jurisdictions. section 12. Classes of Licenses. That section 7-79 of the Municipal Code of the city of Aspen, Colorado, is hereby amended to read as follows: 5 ,-.. .~ Sec. 7-79. Approval of building inspector required for issuance of certain licenses. (a) No person may be issued a license to engage in the following listed trades, jobs, or contractual service as hereinafter enumerated unless approved by the chief building official. (1) General Contractor (Unlimited) ; (2) General Contractor (commercial); (3) General Contractor (Light Commercial); (4) General Contractor (Home Builder) ; (5) specialty. (b) All persons having unexpired licenses under the provisions of this division by the city to engage in the aforementioned trades, jobs, or contractual services, shall not be required to be examined by the Chief Building Inspector until the expiration of their current license. All persons must hold a license from the state, if required by the state, before engaging in any trade, job, or contractual services within the city limits. section 13. Description of Classes. That section 7-80 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: ,Sec. 7-80. Builder's licenses generally. (a) General Contractor (Unlimited). This qualifies the holder to contract for the alteration, or repair of any structure of construction and occupancy group as permitted Building Code. (b) General Contractor (Commercial). This classification qualifies the holder to contract for the construction of any structure of any type of construction and occupancy group as permitted by the Uniform Building Code, with the exception of Type I and Type II fire-resistive construction. Also this classification qualifies the holder for the alteration or repair of any structure of any type of cqnstruction and occupancy group permitted by the Uniform B~ilding Code. classification construction, any type of by the Uniform (c) General Contractor (Light Commercial) This classification qualifies the holder to contract for the construction, alteration, or repair of A-3, B, E-3, H-4, M, or R occupancy group of any type of construction with the exception of Type I and Type II fire-resistive construction as 6 ,-.., ~ permitted by the Uniform Building Code. (d) General Contractor (Home Builder). This classification qualifies the holder for the construction, alteration, or repair of R-3 and M occupancies of type V-N Construction. (e) Specialty. This classification qualifies the holder to contract for work involving specialty trades regulated by the Uniform Codes, including the following: (1) Alarm Installation; (2) Alteration & Maintenance; (3) Awning Installation; (4) Boiler (hot water heat); (5) Carpentry; (6) Drywall; (7) Excavation; (8) Fire Sprinkler Systems; (9) Gas Fitter; (10) Glass & Glazing (11) Insulation. (12) Irrigation; (13) Landscape construction; (14) Masonry; (15) Mechanical Contractor; (16) Metal Stud Installation; (17) Roofing; (18) Solid Fuel & Gas Appliance; (19) Structural Steel Erection; I (20) stucco; (21) Warm Air Heating. Seotion 14. supervisors required to be 1ioensed. 7 ,~, ,~ That section 7-93 (d), of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: Sec. 7-93. Application of division and qualifications for licensees qualified supervisors. exception of who employ (d) Each individual who acts as a supervisor on any work for which a permit is required must be tested in accordance with the provisions of this article for the work proposed to be done. section 15. License fees. That section 7-95 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: Sec. 7-95. Application fee. Applications for licenses required by this article shall be accompanied by a fee of twenty dollars ($20.00) to cover the costs of testing and processing. section 16. Examinations. That section 7-99 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: See,. 7-99. Examinations. (a) The chief building official, before issuing any license required by this article, shall require the applicant to take such examinations, written or oral, as the chief building official may determine to be appropriate, In lieu of such examination, the chief building official may recognize and accept the results of examinations administered by other governmental jurisdictions with which the city is a party to an intergovernmental agreement regarding recognition of such test results. (b) Examinations shall be given at reasonable intervals. section 17. Insura~ce Requirements. That section 7-100(a) of the Municipal Code of the city of Aspen, Colorado, is hereby amended to read as follows: Sec. 7-100. Insurance. 8 - ,.-, . (a) Every contractor granted a license under the terms of this article shall be required to maintain at all times employee liability and public liability insurance with minimum limits of not less than one hundred thousand dollars for one person and three hundred thousand for anyone accident, and property damage insurance with a minimum limit of not less than one hundred thousand dollars for anyone accident. section 18. Annual Fees. That section 7-104 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: Sec. 7-100. Annual Fees. Holders of contractors' pay a registration fee classifications: licenses issued by the City shall according to the following Class Fee General Contractor (Unlimited) General Contractor (Commercial) General Contractor (Light Commercial) General Contractor (Homebuilder) Specialty (Subcontractors) $200.00 $200.00 $200.00 $150.00 $ 75.00 l:e'"Ewll $J5O.oo $J5O.oo $J5O.oo $100.00 $ 5:>.00 Section 19. Revocation and suspension. That Section 7-105 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: Sec. 7-105. Revocation and suspension. (a) The chief building official shall have the authority to issue an order to show cause why the license issued hereunder to any licensee should not be suspended or revoked. Any such order shall grant the licensee ten days in which to show cause and shall inform the licensee of the basis for issuance of the order. (b) The following acts or omissions of any person or firm holding a license under this article or any applicant for a license under this article shall constitute grounds for which the chief building official may suspend, revoke, or refuse renewal. 'of any license or deny an application for said licenj3e: (1) Causing or allowing to exist conditions hazardous to the health, safety, and welfare of workmen and the public; (2) Disregard and willful violation of this code 9 ~ ~ 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) (6) (7) (8) (9) (~O) conviction of a misdemeanor or felony relating to the contractor's performance of construction work or the contractor's conduct of his ,construction business; Failure to obtain a building or other applicable permit for any work as required by this code; 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; contracting for or performing construction work that requires a particular license without holding a valid license for that work; Use of a contractor's license to obtain building permits for another person's project for which the contractor will not be responsible; 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; (~~) Failure to ensure that any subcontractor hired by the contractor is licensed in compliance with the regulations set forth in this section; (~2) Failure to appear after proper notice, as set forth in this section, at a building official hearing. section 20. compliance with article. That section 7-~06 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows; Sec. 7-106. comp~iance 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 ~O ~ ~, whose license has been suspended or revoked by action of the chief building official. (b) A licensed contractor may apply for and be issued permits to only such work as they are entitled to do under their respective licenses. (c) Any application for a permit or license filed in derogation of this section shall be deemed to have been filed with fraudulent intent and shall be a nullity. Any permit or license issued on the basis of such fraudulent application shall be null and void. section 21. State Licenses required. That Section 7-107 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: Sec. 7-107 State license required. 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, job, or contractual service within the city limits. section 22. Registration of plumbers and electricians. That section 7-108 of the Municipal Code of the city of Aspen, Colorado, is hereby amended to read as follows: Sec. 7-108. contractors. Registration of electrical and plumbing As a condition of performing services within the city, electrical and plumbing contractors shall register with the chief building official. Applicants for registration must demonstrate that they hold a valid contractor's license issued by the state. Registrations made under this section shall terminate on the last day of the year. section 23. Repeal and Reenactment of Uniform Building Code. section 7-140 of the Municipal Code of the city of Aspen, Colorado, adopting the 1988 editions of the Uniform Building Code and Uniform Building Code Standards, be and hereby is repealed and reenacted to read as follows: Sec. 7-140. Adoption of the 1994 editions of the uniform building code and uniform building code standards. 11 ~ ~-'" Pursuant to the powers and authority conferred by the laws of the state of Colorado ~nd the Chapter of the City of Aspen, colorado, there is hereby adopted and incorporated herein by reference as if fully set forth those regulations contained in the Uniform Building Code, 1994 Edition, including Appendix Chapters 4, 15, 16, 30, 31, 33, and the Uniform Building Code Standards, 1994, Edition published by the International Conference of Building Officials, 5390 South Workman Mill Road, Whittier, California 90601, except as otherwise provided by amendment or deletion as contained in section 7-141 of Article V of this chapter. At least one (1) copy of the Uniform Building Code and Uniform Building Code Standards shall be available for inspection during regular business hours. section 24. Amendments. section 7-141 of the Municipal Code of the city of Aspen, Colorado, adopting certain amendments to the 1988 edition of the Uniform Building code, be and is hereby repealed and reenacted to read as follows: section 7-141. Amendments. The Uniform Building Code, 1994 Edition, as adopted by the City of Aspen at section 7-140 of this Article V, is hereby amended to provide and read as follows: (a) section 104.2.3 "Right of entry" is hereby amended to read as follows: Sec. 104.2.3. Right of Entry. When it is necessary to make an inspection to enforce the provisions of this code, or when the building official has reasonable cause to believe that there exists a condition which is contrary to or in violation of this code which makes the building or premises unsafe, dangerous or hazardous, the building official may enter the building or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that if such premises be occupied that credentials be presented to the occupant and entry requested. If such building or premises be unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused, or no person having charge or control over the building or premises can be located, the building official shall obtain a warrant from the city of Aspen Municipal Court authorizing the building official to make entry onto the 12 ",..., ",..., , , building or premises'. (b) section 104.2.6 "Liability" is hereby amended to read as follows: Sec. 104.2.6. Liability. The Building Official, or his authorized representative charged with the enforcement of this code, acting in good faith and without malice in the discharge of his duties, shall not thereby render himself personally liable for any damage that may accrue to persons or property as a result of any act or omission in the discharge of his duties. This code shall not be construed to relieve or lessen the responsibility of any person owning, operating or controlling any building or structure for any damage to persons or property caused by defects on or in such premises, nor shall the code enforcement agency, any employee thereof, or City of Aspen be held as assuming any such responsibility or liability by reason of the adoption of this code or by the exercise of inspections authorized and carried out thereunder, or by the issuance of any permits or certificates issued pursuant to this code." (c) section 105.1 "General" and (b) "Limitations of Authority" are amended to read as follows: Sec. 105.1. General. Appeals from determinations or decisions made by the building Official relative to the application and interpretation of this code shall be processed and heard in accordance with the provisions contained in Division 2 of Article II of Chapter 7 of the Municipal Code of the City of Aspen, Colorado. 105.2 Limitations of Authority. The Board of Appeals shall posses that authority as provided at section 7-28 of Division 1, Article II, Chapter 7 of the Municipal Code of the City of Aspen, Colorado. (d) section 106.3.1 "Application" is amended by adding subsections "8" and "9" which read as follows: Sec. 106.3.1. Application. 8. Be accompanied by a recent (within one (1) year) certified survey, plat and legal description of the proposed building site or property prepared by a registered land surveyor licensed to practice in the 13 ,~. state of Colorado at the time of Application for building permit. The surveyor making the plat shall certify on the plat that it is correct and that the perimeter monuments described in it have been placed as described, after which he shall affix his name and seal. Permanent reference monuments under normal geographic and topographic conditions shall be three-quarter (3/4) inch nominal iron pipe (1.05 inches long with a metal or plastic cap at least one and three-eighths (1 3/8) inches in diameter) set so that no more than four (4) inches protrude from the ground and mounded with stones. said plat should indicate the following: (a) Type of monuments set on property corners; (b) The location rights-of-way of property; and dimensions of any easements or record or in' evidence on a said (c) The location of any existing improvements on said property or on rights-of-way or easements. The above requirements shall not be mandatory for a building permit application to reconstruct or remodel totally within the limits of an existing building or structure. For improvements to be located on large tracts of land (five (5) acres or over) the provisions of section 302(a) (8) shall not apply; but evidence satisfactory to the building official must be submitted, which shows the improvement on the property to be in compliance with appropriate laws. 9. When construction is proposed in the special flood hazard areas,be accompanied by elevations (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures located in the special flood hazards areas. If the lowest floor is below grade on one or more sides, the elevation of the floor immediately above must also be submitted." (e) Section 106.4.4 "Expiration" is hereby amended by the addition of: In the event a permit shall expire, the following provisions shall apply: (A) All below grade excavation done in anticipation of construction shall be filled and made safe within thirty (30) days. Where construction has advanced beyond excavation, all foundation work and above grade construction shall be secured against the weather to the satisfaction of the building official and the construction site shall be otherwise returned to that 14 ,-- ,,-\ 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. (f) Sec. 107.5.2 "Fee" is amended to read as follows: A investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The minimum investigation fee shall be equal to the amount of the permit fee required by this code. The minimum investigation fee shall be the same minimum fee set forth in Table 1-A. The second time an individual starts work without a permit the minimum fee shall be four (4) times as set forth in Table 1-A, the third time the minimum fee shall be eight (8) as set forth in Table 1-A, and the forth time the minimum fee shall be twelve (12) times as set forth in Table 1-A, etc. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. (g) Sec. 107.5. is amended further by the addition of Sec. 107.5.3. Sec. 107.5.3. Fees for Changes without approval. When a permit is issued and the work being done is substantially different that the approved, the minimum fee shall be ten percent (10%) of the building permit fee as set forth in Table 1-A. (h) section 107.7 "Fees: is amended by the addition of new subsection "Waiver", which shall read as follows: Sec.l07.7. Waiver. All other provisions of the code to the contrary not withstanding, no building, electrical or plumbing fee, nor inspection or reinspect ion fee, shall be imposed for any improvements made pursuant to the Department of Energy and Community Services Administration "Weatherization" Program as undertaken by the Northwest Colorado Council of Governments (NWCCOG), the Colorado Department of Social Services, the Skyline Six Area Agency on Aging, or the City of Aspen." I (i) section 108.2 "Inspection Record Card" is amended by the addition of the following paragraph: Sec. 108.2. Inspection Record Card. 15 ,~ ~, (add after first paragraph) An address sign board will be required at all building sites for construction as permitted through the Aspen/Pitkin Regional Building Department. (A city sign permit will not be required for sites within the city of Aspen.) The sign board shall display the site address, building permit and inspection record card and must be legible from that road that serves the driveway to the site. The sign board shall also be constructed as to provide adequate protection for the permit and inspection card from the weather. Suggested dimensions and construction specification for the sign board shall be available from the Building Department. No inspections shall be undertaken on protects which do not have a sign board as specified herein. See UBC section 305{c) (1988 Ed.) ." (j) Sec. 109.1 is amended by deleting exception. (k) Table No. 1-A "Building Permit Fees" is amended to read as follows: TABLE NO.1-A TOTAL VALUATION FEE $1.00 to $1,300.00 $44.00 $1,301.00 to $2,000.00 $44.00 for the first $1,300.00 plus $2.75 for each additional $100.00, or fraction thereof, to and including $2,000.00. $2,001.00 to $25,000.00 $63.00 for the first $2,000.00 plus $12.50 for each additional $1,000.00 or fraction thereof, to and including $25,000.00. $25,001.00 to $50,000.00 352.00 for the first $25,000.00 plus $9.00 for each additional $1,000.00 or faction thereof, to and including $50,000.00. $50,001.00 to $100,000.00 $580.00 for the first $50,000.00 plus $6.25 for each additional $1,000.00 or fraction thereof, to and including $100,000.00. $100,001.00 to $500,000.00 $896.00 for the first $100,000.00 plus 5.00 for each additional $1,000.00 or fraction thereof, to and including $500,000.00. $500,0001 to $1,000,000.00 $2,855.00 for the first 16 I""'" .-, $500,000.00 plus $4.50 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00. $1,000,001.00 and up $5,105.00 for the first $1,000,000.00 plus $4.50 for each additional $1,000.00 or fraction thereof. / OTHER INSPECTIONS AND FEES: 1. Inspections outside of normal business hours .............. (Minimum charge = two hours). $75.00 2. Reinspection fees assessed under provisions of Section 305(g).... $50.00 3. Inspections for which no fee is specifically indicated......... Additional plan check review required by changes, additions or revisions to approve plans ..... (Minimum charge = one-half hour). $50.00 4. $50.00 Note: Valuation is to be based upon current building valuation data as provided by the International Conference of Building Officials and published in the Building Standards with a regional modifier of 1. 3 or other evidence of value, whichever is greatest, as determined by the Building Official. (1) Sec. 310.1 Group R Occupancies Defined. amended to read as follows: Shall be Sec. 310 Group R Occupancies Defined. Group R Occupancies shall be: Division 1. Hotels and apartment houses. Congregate residences (each accommodating more than 10 persons) . Division 2. Dwellings and Lodging houses with greater than 5,000 square ,feet of floor area. I 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). 17 ~ /"-' (m) Sec. 310.2.2 Special Provisions is amended to read as follows: Sec. 310.2.2 Special Provisions. Wall and floors separating dwelling units in the same building, or guest rooms in Group R, Division 1 hotel occupancies, shall not be of less than one-hour fire resistive construction. Openings between dwelling units shall be a minimum of a twenty (20) minute rated assembly , Group R, Division 1 Occupancies more than two stories in height or having more than 3,000 square feet (279m2) of floor area above the first story shall not, be of less than one-hour fire resistive construction throughout except as provided in section 601. 5.2.2. Storage or laundry rooms that are within Group R, Division 1 Occupancies that are used in common by tenants shall be separated from the rest of the building by not less than one-hour fire-resistive occupancy separation. For Group R, Division 1 Occupancies with a Group S, Division 3 parking garage in the basement or first story, see section 311.2.2. For attic space partitions and draft stops, see section 708. Group R, Division 2 occupancies shall not qualify for exception 1 in Sec. 1006.3. (n) Sec. 310.4 Access and Exit Facilities and Emergency Escapes is amended 'to read as follows: Exits shall be provided as specified in Chapter 10. (See also section 1013 for exit markings.) Access' to, and egress from, buildings required to accessible shall be provided as specified in Chapter 11. Basements less than 1000 square feet in dwelling units and every sleeping room below the fourth story shall have at least one operable window or door approved for emergency escape or rescue which shall open directly into a public street, pUblic alley, yard or exit court. Basements 1000 square feet and greater shall add one additional approved window or door for each 1000 square fe,,,t increment. Two or more approved windows or doors shall conform to Sec. 1003.3. The emergency door or window shall be operable from the inside to provide a full, clear opening without the use of separate tools. EXCEPTION: The window or door may open into an atrium complying with section 402 provided the window or door 18 -- .~ opens onto an exit balcony and the dwelling unit or guest room has an exit which does not open into the atrium. Escape or rescue windows shall have a minimum net clear operable area of 5.7 square feet (.053 m2). The minimum net clear operable height dimension shall be 24 inches (610 rom). The minimum net clear operable width dimension shall be 20 inches (508 rom). When windows are provided as a means of escape or rescue, they have a finished sill height not more than 44 inches (1118 rom) above the floor. (0) Table No. 18-1-0 "Foundations for stud Bearing Walls Minimum Requirements," is amended by the addition of footnote "5" after the word "Requirements" to read as follows: 5. The Frost line for the City of Aspen shall be a minimum of 36 inches below grade Footing and foundations shall be as required in Section 1806.1." (p) section 904.2.1 "Fire Extinguishing Systems Required" is hereby amended to read as follows: Where section 904.2.1 Where required. An automatic fire-extinguishing system shall be installed in the occupancies and locations as set forth in this section and any occupancy more than 5000 square feet shall have approved automatic fire extinguishing system or alternate approved by the Building Official which shall consider type of construction, access for fire fighting equipment, water availability and response time. For provisions on special hazards and hazardous materials, see the Fire Code. (q) section 3403.5 "Historic Buildings" is amended to read as follows: Sec. 3403.5. Historic Buildings. Repairs, alterations and additions necessary for the preservations, restoration, rehabilitation or continued use of a building or structure may be made without conformance to all the requirements of this code when authorized by the building official provided: 1. The building or structure has been determined to be of historic, architectural or geographic importance and has received histo+ic designation pursuant to the provisions of Division 7 of Article 7 of Chapter 24 of the Aspen Municipal Codej provided, however, that the automatic inclusion of a structure within a larger historic overlay district shall not constitute without more, a designation of historic, architectural, or 19 ~, ~~. geographic importance sufficient to meet the requirements of this subparagraph. 2. Any unsafe conditions as described in this code are corrected. 3. Th~ restored building or structure will be no more hazardous based on life safety, fire safety and sanitation than the existing building. (r) Appendix Chapter 30 Sec. 3011.5 fees shall be amended to read as follows: 3011.5 Fees. A fee for each permit or certificate of inspection, shall be paid to the building official as follows: New Installations: Passenger or freight elevator, escalator, moving walk: Up to and including $40,000 of valuation - $55.00 Over $40,000 of valuation - $55.00 plus $1.00 for each $1,00 or fraction thereof over $40,000 Dumbwaiter or private Residence Elevator: Up to and including $10,000 of valuation - $15.00 Over $10,000 of valuation - $15.00 plus $1.00 for each $1,000 or fraction thereof over $10,000 Major Alterations: Fees for major alterations shall be as set forth in Table 1-A. Installation fees include charges for the first year's inspection fee and charges for electrical equipment on the conveyance side of the disconnect switch. Annual certificates of inspection: For each elevator $150.00 For each escalator or moving walk $150.00 For each commercial dumbwaiter $150,00 (Each escalator or moving walk unit powered by one motor shall be considered as separate escalator or moving walk. ) section 25. violations and Penalties. 20 ,-- ~ Section 7-142 of the Municipal Code of the City of Aspen, Colorado, be and hereby is repealed and reenacted to read as follows: Sec. 7-142. violations and Penalties. (a) It,shall be unlawful for any person, including an owner, occupant or builder, to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the City of Aspen or cause the same to be done, contrary to or in violation of any of the provisions of this code. (b) A violation of any of the provisions of the code shall constitute a misdemeanor, punishable upon conviction by a fine not exceeding one thousand dollars ($1000.00), or by imprisonment not exceeding ninety (90) days, or by both such fine and imprisonment. A separate offense shall be deemed committed on each day or portion thereof that the violation of any of the provisions of this code occurs or continues unabated after the time limit set for abatement of the violation. Section 26. Adoption of 1994 Edition of National Electrical Code. section 7-156 of the Municipal Code of the City of Aspen, Colorado, be and hereby is repealed and reenacted to read as follows: Sec. 7-156. National Electrical Code adopted. Pursuant to the power and authority conferred by the law of the State of Colorado and the Charter of the City of Aspen, Colorado, it is hereby adopted as the electrical code of the City of Aspen, the National Electrical Code, current Edition, published by the National Fire Protection Association, Batterymarch Park, Quincy, Massachusetts, 02269, all to have the same force and effect as though set forth herein in every particular. section 27. Amendments. Section 7-157 of the Municipal Code of the city of Aspen, Colorado, be and hereby is repealed and reenacted to re,ad as follows: Sec. 7-157. Amendment. 21 .~ .~ The fallawing general amendment is made ta the pravisians .of the Natianal Electrical Cade, current Editian, herein adapted by reference: All electrical wiring in Graup A, E, I, Hand B .occupancies, as defined in the Unifarm Building Cade, shall be installed in an appraved raceway, excepting law valtage wiring far audia, signaling and thermastats, which shall be accepted in any methad appraved far the area served. All 125 valt, single phase, 15 and 20 ampere receptacles ta serve caunter tap spaces installed within six feet .of a sink, shall have graund-fault circuit interrupter pratectian far persannel. section 28. compliance and Enforcement. sectian 7-158 .of the Municipal Cade .of the city .of Aspen, Calarada, be and hereby is repealed and reenacted ta read as fallaws: Sec. 7-158. Compliance required; penalty. (a) It shall be unlawful far any persan ta install, alter, repair .or maintain any electrical canductars .or equipment within .or an any public .or private building within the City .of Aspen, .or cause the same ta be dane cantrary ta .or in vialatian .of any .of the pravisians .of the Natianal Electrical Cade, current Editian, as herein adapted. (b) Any persan, firm .or carparatian vialating any .of the pravisians .of the Natianal Electrical Cade, current Editian, shall be deemed guilty .of a misdemeanar, and each such persan shall be deemed guilty .of a separate .offense far each and every day .or partian thereaf during which any vialatian .of any .of the pravisians .of this cade is cammitted, cantinued .or permitted, and upan canvictian .of any such vialatian such persan shall be punished by a fine .of nat mare than .one thausand dallars ($1,000.00) .or by imprisanment far nat mare than ninety (90) days, or by bath such fine and imprisanment. section 29. General Requirements. sectian 7-160 .of the Municipal Cade .of the City .of Aspen, Calarada, be and hereby is repealed and reenacted ta read as fallaws: Sec. 7-160. General requirements far light, power, or heating installations. 22 ~ ~" No certificate of inspection shall be issued unless the electric light, power or heating installation and all other electrical apparatus connected with it are in strict conformity with all the provisions of this article and the code adopted by reference in this article and unless they are in conformity with the latest and most approved methods of construction for safety to life and property. The regulations laid down in the National Electrical Code, current Edition, of the National Fire Protection Association shall be prima facie evidence of such latest and most approved methods. It shall be unlawful to energize any electrical installation or equipment until a certificate of inspection has been issued. section 30. Specifications. section 7-161 of the Municipal Code of the city of Aspen, Colorado, be and hereby is repealed and reenacted to read as follows: Sec. 7-161. specifications for installations generally. All service conductors outside a building shall be in approved conduits to the first point of overcurrent protection. The service cabinet shall be so arranged that it shall not be over six (6) feet above a permanent floor. The cabinet may be located inside or outside the walls of buildings in the nearest accessible place to the point where the wires enter the building. Approved frangible padlocks may be placed on switch handles to prevent opening and closing by unauthorized persons with the prior approval of the electrical inspector and the fire marshal. Current metering devices shall be located outside the building or in a location always accessible to the electric utilities which complies with the National Electrical Code requirements for service panel access. Section 31. Adoption of Uniform Plumbing Code. Section 7-213 of the Municipal Code of the City of Aspen, Colorado, be and hereby is repealed and reenacted to read as follows: Sec. 7-213. Adoption of the 1994 Edition of the Uniform Plumbing Code. Pursuant to the power and authority conferred by the laws of the State of Colorado and the Charter of the City of Aspen, 23 .~ .--. Colorado, there is hereby adopted and incorporated herein by reference as if fully set forth those regulations contained in the Uniform Plumbing Code, 1994 Edition (inclusive of Appendices A, a, C and 0) published by the International Conference of Building Officials, 5360 South Workman Road, Whittier, California 90601, except as otherwise provided by amendment or deletion as contained in Section 7-214 of Article IX of this chapter. At least one (1) copy of the Uniform Plumbing Code shall be kept on file in the office of the Clerk of the City of Aspen, Colorado, and shall be made available for inspection during regular business hours. Section 32. Amendments to Uniform Plumbing Code. Section 7-214 of the Municipal Code of the City of Aspen, Colorado, be and hereby is repealed and reenacted to read as follows: Sec. 7-214. Amendments. The Uniform Plumbing Code, 1994 Edition, as adopted by the City of Aspen at section 7-213 of this Article IX, is hereby amended to provide as follows: (a) Part 1, Title 20.3 "Violations and Penalties," is deleted. (b) Part 1, Title 20.4 "Permit Required," is amended by the addition of subsections (d), (e) and (f), to read as follows: "Title 20.4. Permit Required. "(d) The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this code. No permit presuming to give authority to violate or cancel the provisions of this code shall be valid, except insofar as the work or use which it authorized is lawfuL (e) The issuance or granting of a permit or approval of plans shall not prevent the Administrative Author- ity from thereafter requiring the correction of errors in said plans and specifications or from preventing construction operations being carried on thereunder when in violation of this code or of any other ordinance or from revoking any certificate of approval when issued in error. 24 .-.. ~ (f) Every permit issued by the Administrative Authority under the provisions of this code shall expire by limitation and become null and void if the work authorized by such permit is not commenced within one hundred eighty (180) days. Before such work can be recommended, a new permit shall be first obtained to do so, and the fee therefor shall be one-half of the amount required for a new permit for such work provided no changes have been made, or will be made in the original plans and specifi- cations for such work; and provided, further, that such suspension or abandonment has not exceeded one (1) year. No permit shall be extended more than once. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee." (c) Part I, Title 20.12 "Liability", is amended to read as follows: "Title 20.12. Liability. "The administrative authority, or his authorized repre- sentative charged with the enforcement of this code, acting in good faith and without malice in the discharge of 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 prem- ises, nor shall the code enforcement agency, any employee thereof, or the city of Aspen be held as assuming any such responsibility or liability by reason of the adoption of this code or by the exercise of inspections authorized and carried out thereunder, or by the issuance of any permits or certificates issued pursuant to this code." section 33. Uniform Plumbing Code Violations and Enforcement. section 7-218 of the Municipal Code of the City of.' Aspen, I Colorado, be and hereby is repealed and reenacted to read as follows: Sec. 7-218. Violations and penalties. 25 "' .~ (a) It shall be unlawful for any person, including an owner, occupant or builder, to erect, install, alter, repair, relocate, add to, replace, remove, use or maintain any plumbing, gas or drainage piping or any fixture or water or treating equipment in the City of Aspen or cause same to be done contrary to or in violation of any of the provisions of this code. Maintenance of equipment which was unlawful at the time it was installed and which would be unlawful under this code shall constitute a continuing violation of this code. (b) A violation of any of the provisions of this code shall constitute a misdemeanor, punishable upon conviction by a fine not exceeding one thousand dollars ($1000;00), or by imprisonment not exceeding ninety (90) days, or both such fine and imprisonment. A separate offense shall be deemed committed on each day or portion thereof that the violation of any of the provisions of this code occurs or continues unabated after the time limit set for abatement of the violation. section 34. Adoption of Uniform Mechanical Code. section 7-245 of the Municipal Code of the City of Aspen, Colorado, be and hereby is repealed and reenacted to read as follows: Sec. 7-245. Adoption of 1994 Edition of the Uniform Mechanical Code. Pursuant to the power and authority conferred by the laws of the State of Colorado and the Charter of the city of Aspen, Colorado, there is hereby adopted and incorporated herein by reference as if fully set forth those regulations contained in the Uniform Mechanical Code, 1994 Edition (inclusive of Appendices A, B, C and D), published by the International Conference of Building Officials, 5360 South Workman Road, Whittier, California 90106, except as otherwise provided by amendment or deletion as contained in section 7-246 of Article XI of this chapter. At least one (1) copy of the Uniform Mechanical Code shall be kept on file in the office of the Clerk of the City of Aspen, Colorado, and shall be made available for inspection during regular business hours. I section 35. Amendments to Uniform Mechanical Code. Section 7-246 of' the Municipal Code of the City of Aspen, Colorado, be and hereby is repealed and reenacted to read as 26 (""' ,.-, follows: Sec. 7-246. Amendments. The Uniform Mechanical Code, 1994 Edition, as adopted by the City of Aspen at section 7-245 of this Article XI, is hereby amended to provide as follows: (al section 201(h) "Liability" is hereby amended to provide ~as follows: "The building official, or his authorized representative charged with the enforcement of this code, acting in good faith and without malice in the discharge of his duties, shall not hereby render himself personally liable for any damage that may accrue to persons or property as a result of any act or omission in the discharge of his duties. This code shall not be construed to relieve or lessen the responsibility of any person owning, operating or controlling any building or structure for any damage to persons or property caused by defects on or in such premises, nor shall the code enforcement agency, any employee thereof, or the City of Aspen be held as assuming any such responsibility or liability by reason of the adoption of this code or by the exercise of inspections authorized and carried out thereunder, or by the issuance of any permits or certificates issued pursuant to this code." (bl section 203 "Board of Appeals", is amended to read as follows: "Sec. 203. Appeals. "Appeals from determinations or decisions made by the building official relative to the application and inter- pretation of this code shall be processed and heard by the Board of Appeals in accordance with the provisions contained in Division II of Article II of this Chapter 7 of the Municipal Code of the City of Aspen. The Board of Appeals shall possess that authority as specified in Article II of Chapter 7 of the Municipal Code. section 36. Uniform Mechanical Enforcement. Code violations and I section 7-247 of the Municipal Code of the City of Aspen, Colorado, be and hereby is repealed and reenacted to read as follows: 27 ~, ~ Sec. 7-247. violations and penalties. (a) It shall be unlawful for any person, including an owner, occupant or builder, to erect, install, alter, repair, relocate, add to, replace, remove, use or maintain any plumbing, gas or drainage piping or any fixture or water or treating equipment in the City of Aspen or cause same to be done contrary to or in violation of any of the provisions of this code. Maintenance of equipment which was unlawful at the time it was installed and which would be unlawful under this code shall constitute a continuing violation of this code. (b) A violation of any of the provisions of this code shall constitute a misdemeanor, punishable upon conviction by a fine not exceeding one thousand dollars, or by imprisonment not exceeding ninety (90) days, or both such fine and imprisonment. ,A separate offense shall be deemed committed on each day or portion thereof that the violation of any of the provisions of this code occurs or continues unabated after the time limit set for abatement of the violation. section 37. Approval of Intergovernmental Agreement. The City of Aspen hereby approves that intergovernmental agreement between the city of Aspen, the Towns of Snowmass Village, Basalt, and Carbondale, the City of Glenwood Springs, and the Counties of Pitkin and Garfield, a copy of which is attached hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said agreement on behalf of the City of Aspen. Section 38. This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or I proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. 28 ,u. _. _..._...._._ ._._~.. ._.._'-__._____-..... ~ ~ Section 39. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining, portions hereof. A public hearing on ~ the ordinance shall be held on the d1~ day of , 1994, in the city council Chambers, Aspen City Hall, Aspen, Colorado. the INTRODUCED, READ AND ORDERED PUBLISHED as provided City Council of the City of Aspen on the j/ ~ by law by day of _ , 1994. ()J.- T. (7' ...........- ~. John S. Bennett, Mayor ATTEST: ~ nJd.t: Kathryn S'OCh, . city Clerk - FINALLY adopted, ~ passed and approved this o:2?L day of , 1994. ()4 f. (1.,~-..:7I/ - John S. Bennett, Mayor 29