HomeMy WebLinkAboutordinance.council.031-11 ORDINANCE NO. 3 t
(SERIES 2011)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING TITLE 8 OF THE ASPEN MUNICIPAL CODE BY ADOPTING 2009
EDITIONS OF CERTAIN INTERNATIONAL BUILDING CODES.
WHEREAS, to stay current with new building construction technology and national and state standards
the International Code Council publishes the new codes; and
WHEREAS, the purpose of this code is to provide for and promote the health, safety and welfare of
Aspen residents and visitors; and
WHEREAS, public educational meetings to introduce the new codes have been held and opportunities
for interested party input regarding adoption of the new codes have been available; and
WHEREAS, coordination between jurisdictions in the Roaring Fork Valley and beyond to adopt the
International Codes will aid in the uniform and effective regulation of persons engaged in construction
activities, ensuring increased public safety; and
WHEREAS, the Chief Building Official, also referred to herein as the "building official" is authorized by
the City Council to administer and enforce this code.
WHEREAS, the City Council has determined that it is in the best interest of the citizens of Aspen to
continue to have life safety inspections and code compliance reviews performed on the buildings in the
City; and
WHEREAS, it is in the best interest of the citizens of and visitors to our community to continue and
maintain a leadership role in code adoption and administration.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, THAT:
Section 1.
Chapter 8.04 of the Aspen Municipal Code is hereby amended to read as follows:
Chapter 8.04
GENERAL PROVISIONS
Sec. 8.04.020. 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.
Sec. 8.04.050. Same; duties.
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The Chief Building Official shall be responsible for the enforcement of the International Building
Code, International Residential Code, National Electrical Code, International Plumbing Code,
International Mechanical Code, International Fuel Gas Code, International Energy Conservation Code,
,and all special hazard codes which may now or hereafter be adopted.
Sec. 8.04.060. Same; right of entry.
Upon presentation of his or her credentials, the Chief Building Official or his or her duly authorized
representative may enter at any reasonable time any building, structure or premises in the City to perform
any duty imposed upon him or her by this Code.
Sec. 8.04.070. Same; stop work orders.
Whenever any construction or other work pursuant to development or repair of property is being
done contrary to the provisions of the International Building Code , International Residential Code,
National Electrical Code, International Plumbing Code, International Mechanical Code, International
Fuel Gas Code, International Energy Conservation Code, International Property Maintenance and the
Land use code of the City, the Chief Building Official shall order the work stopped by notice in writing
served on any person engaged in the doing or causing of such work to be done. It shall be unlawful for
any person to fail or refuse to obey such order and each day one (1) so notified or any other person who
can reasonably be expected to be informed of the notice, fails to comply with the order shall constitute a
separate offense.
Section 2.
Chapter 8.08 of the Aspen Municipal Code is hereby amended to read as follows:
Chapter 8.08
BUILDING CODE BOARD OF APPEALS
Sec. 8.08.010. Created.
There is hereby created a Building Code Board of Appeals for the City.
Sec. 8.08.020. Composition; term; qualifications.
(a) The Building Code Board of Appeals shall consist of seven (7) regular members and two (2) ex
officio members. The two (2) ex officio members shall be employees or officers of the City and the
Aspen Fire Protection District, provided, however, if there is a duly appointed and acting fire marshal for
the City, he or she shall be designated one (1) such ex officio member.
(b) All of the members of the Building Code Board of Appeals shall have been qualified electors
and residents of the City or County for at least two (2) years.
(c) The Chief Building Official shall be an ex officio member of the Building Code Board of
Appeals and shall act as secretary of the Board
Sec. 8.08.030. Ex officio members not to have vote.
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Ex officio members of the Building Code Board of Appeals shall be without voting power in every
case.
Sec. 8.08.040. Terms; appointment.
The regular members of the Building Code Board of Appeals shall serve for terms of four (4)
calendar years. The regular members of the Building Code Board of Appeals shall be appointed by the
City Council. The membership of the Building Code Board of Appeals will be appointed at alternate
intervals.
Sec. 8.08.050. Chairman generally.
The Building Code Board of Appeals shall select from among the regular voting members a
chairman who shall act as presiding officer of the Board and who shall be responsible for the management
and operation of the Board.
Sec. 8.08.060. Secretary generally.
The secretary of the Building Code Board of Appeals shall keep and preserve a complete record of
all actions of the Board.
Sec. 8.08.070. Meetings and rules of procedure generally.
A quorum for the transaction of business of the Building Code Board of Appeals shall consist of
four (4) of the regular members. The Building Code Board of Appeals shall adopt bylaws for the conduct
of its business not inconsistent with this Chapter and shall keep adequate minutes and records and make
such rules of procedure as it deems necessary.
Sec. 8.08.080. Powers and duties.
The Building Code Board of Appeals shall have the following powers and duties:
(a) To adopt reasonable rules and regulations for conducting its investigations and
examinations and to render all decisions in writing to the Building Official in duplicate.
(b) To recommend to the City Council such new legislation as it may deem in harmony with
its functions and the matters given to it for administration and also to recommend such new
legislation affecting the building trade or industry as it shall deem advisable for the protection of
the public health, safety and welfare.
(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.
(d) And to perform such other duties as the City Council may by this Code or any code
adopted herein or any amendment thereto, from time to time impose upon it.
Sec. 8.08.090. Parties who may appeal.
Any person aggrieved by any decision or order of the Building Official may appeal such decision
or order to the Building Code Board of Appeals.
Sec. 8.08.100. Time and procedure for perfecting appeal.
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Every appeal to the Building Code Board of Appeals must be perfected within thirty (30) days from
the date of the decision or order appealed from. An appeal is perfected by filing notice of appeal with the
secretary of the Building Code Board of Appeals in the office of the Building Official upon a form
provided by the Building Code Board of Appeals. Such notice shall contain appropriate reference to the
decision or order appealed from, as well as the grounds of the appeal. A duplicate copy of such notice of
appeal shall be filed with the chairman of the Building Code Board of Appeals.
The Building Code Board of Appeals may extend the time within which an appeal may be taken
where grounds for enlargement of time are shown. In cases where the decision or order appealed from
pertains to a structure or building which can be demonstrated by the Building Official to be unsafe or
dangerous, the Building Official may apply to the Building Code Board of Appeals to limit the time for
such appeal in order to avoid any hazard to life or property.
Sec. 8.08.110. Fee.
At the time of perfecting an appeal to the Board of Appeals, the appellant shall be required to pay
an appeal fee of two hundred dollars ($200.00), which fee may be returned to the appellant at the
discretion of the Building Code Board of Appeals if the appellant is substantially sustained.
Sec. 8.08.120. Transmittal of record required.
Whenever an appeal is taken to the Building Code Board of Appeals, the Building Official shall
transmit to the Board all relevant records and data upon which the appeal was taken.
Sec. 8.08.130. Stay of proceedings.
An appeal to the Building Code Board of Appeals shall stay all proceedings in connection with the
decision or order appealed from unless and until the Building Official shall have certified to the Board
after notice of appeal has been perfected that a stay would cause hazard to life and property. In such case
proceedings pursuant to the decision or order of the Building Official shall not be stayed except by order
of the Building Code Board of Appeals or by a restraining order issued by a court of record of competent
jurisdiction. No such restraining order, whether temporary or otherwise, shall be granted without notice,
as prescribed in the Rules of Civil Procedure, to the Building Official and without due cause shown.
Sec. 8.08.140. Work done after docketing of appeal.
Any work done contrary to the order of the Building Official after docketing of an appeal
hereunder, pending determination of such appeal, shall be subject to abatement should the order be
affirmed and may not be considered by the Building Code Board of Appeals as a mitigating or
extenuating circumstance.
Sec. 8.08.150. Hearings generally.
The Building Code Board of Appeals shall fix a reasonable time for the hearing of an appeal,
giving notice in writing to the parties in interest and shall reach its decision within a reasonable time
thereafter. Parties may appear before the Building Code Board of Appeals in person, by agent or by
attorney. The Building Code Board of Appeals may require additional data and tests necessary for
adequate consideration of the appeal.
Sec. 8.08.160. Decisions.
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The Building Code Board of Appeals shall have the power in all cases appealed to it from decisions
or orders of the Building Official to reverse or affirm or modify in whole or in part, the decision or order
appealed from. No decision of the Building Code Board of Appeals shall vary or be inconsistent with the
terms, provisions and requirements of this Chapter.
Sec. 8.08.170. Judicial review.
Within thirty (30) days after the entry of any decision or order of the Building Code Board of
Appeals, any person who is aggrieved by such decision or order may seek to review the same in a court of
record of competent jurisdiction. Review shall not be extended further than to determine whether the
Building Code Board of Appeals has exceeded its jurisdiction or abused its discretion.
Section 3.
Chapter 8.12 of the Aspen Municipal Code is hereby amended to read as follows:
Chapter 8.12
CONTRACTORS
Sec. 8.12.010. Compliance with Chapter required.
It shall be unlawful for any person to violate any provisions of this Chapter 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.
Sec. 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 (10) 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 Chapter or
any applicant for a license under this Chapter shall constitute grounds for which the Chief Building
Official may suspend, revoke or refuse renewal of any license or deny an application for said license:
(1) Causing or allowing to exist conditions hazardous to the health, safety and welfare of
workmen and the public;
(2) Disregard and willful violation of this Code, including but not limited to the Land Use
Code, the International Building Code and related International 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 or her 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;
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(5) Conviction of a misdemeanor or felony relating to the contractor's performance of
construction work or the contractor's conduct of his or her construction business;
(6) Failure to obtain a building or other applicable permit for any work as required by Code,
including but not limited to the Land Use Code and the International Building Code and
International 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;
(8) Contracting for or performing construction work that requires a particular license without
holding a valid license for that work;
(9) Use of a contractor's license to obtain building permits for another person's project for
which the contractor will not be responsible;
(10) Disregard or deviation from the plans and specifications approved by the Building
Official for which the permit was issued without the approval of the building official;
(11) Failure to ensure that any subcontractor hired by the contractor is licensed in compliance
with the regulations set forth in this Section;
(12) Failure to appear after proper notice, as set forth in this Section, at a building official
hearing;
(13) Failure to obtain and maintain a current City Use Tax license through the county finance
office.
Sec. 8.12.030. Issuance of permits only to license holders or agents and owner - builders.
(a) On any work requiring 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 Chapter, 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 (1) building permit 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 provisions of this Chapter 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 all paid personnel shall be covered
by workman's compensation insurance as required by state law;
(4) The owner - builder must be present at the work site during all inspections and conferences
with the building division, unless prior arrangements have been made with the building officials.
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
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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 at the next scheduled
Building Code Board of Appeals meeting.
Sec. 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 Building Code Board of
Appeals for Standardized Testing. The Chief Building Official is further authorized to recognize, for
purposes of contractor licensing and owner builder permits, results of tests administered by other
jurisdictions.
Sec. 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 Department to engage in
the aforementioned trades, jobs or contractual services, shall not be required to be examined by the Chief
Building Official. 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.
Sec. 8.12.060. Builders' 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 International 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
International Building Code, with the exception of Type I and Type II buildings. Also this classification
qualifies the holder for the alteration or repair of any structure of any type of construction and occupancy
group permitted by the International Building Code.
(c) General Contractor (Light Commercial). This classification qualifies the holder to contract for
the construction, alteration or repair of Groups A -2, A -3, B, E, M, R, S -1, S -2 and U Occupancies with
the exception of Type I and Type II buildings as permitted by the International Building Code.
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(d) General Contractor (Home Builder). This classification qualifies the holder for the
construction, alteration or repair of buildings regulated by the International Residential Code.
(e) Specialty. This classification qualifies the holder to contract for work involving specialty trades
regulated by the International Codes, including the following:
(1) Alteration and maintenance;
(2) Drywall;
(3) Fire alarm system installation;
(4) Fire sprinkler system installation;
(5) Historic specialty contractor;
(6) Insulation /Energy Efficiency;
(7) Mechanical contractor;
(8) Roofing;
(9) Solid fuel and gas appliance;
(10) Temporary contractor.
(I) For the purposes of this Section, a contractor or subcontractor hired specifically for one (1) job
may be issued a temporary contractor's license. It shall only be valid for six (6) months. The applicant
for a temporary contractor's license shall only be required to complete an application, no testing shall be
required. Only one (1) temporary contractor's license can be applied for within one (1) year.
Sec. 8.12.070. Application for licensees who employ qualified supervisors.
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 Chapter for the work proposed to be done.
Sec. 8.12.080. Examination fee.
Applicants for contractor's licenses shall be required to pay a fee as established by Section 2.12.100
of this Code.
Sec. 8.12.090. Examinations.
(a) The Chief Building Official, before issuing any license required by this Chapter, 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.
(b) Examinations shall be given at reasonable intervals.
Sec. 8.12.100. Insurance.
Every contractor granted a license under the terms of this Chapter shall be required to maintain at
all times employee liability and public liability insurance with minimum limits of not less than one -
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hundred - thousand dollars ($100,000.00) for one (1) person and three - hundred - thousand dollars
($300,000.00) for any one (1) accident and property damage insurance with a minimum limit of not less
than one - hundred - thousand dollars ($100,000.00) for any one (1) accident.
Sec. 8.12.110. Annual fees.
Holders of contractors' licenses shall be required to pay a fee as established by this Code, Section
2.12.100.
Sec. 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 Chapter 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.
(b) 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 permit or license issued on the basis of
such fraudulent application shall be null and void.
Sec. 8.12.130. State license required.
All persons performing plumbing or electrical work of any type regulated or licensed by the State
must hold valid State licenses before engaging in any trade, job or contractual service within the: City of
Aspen
Sec. 8.12.140. Registration of electrical and plumbing contractors.
As a condition of performing services within the City, electrical and plumbing contractors shall
register with the Chief Building Official. Applicants for registration must demonstrate that they hold a
valid contractor's license issued by the State. Registrations made under this Section shall terminate on the
last day of the year.
Sec. 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 4.
Chapter 8.16 of the Aspen Municipal Code is hereby amended to read as follows:
Chapter 8.16
INTERNATIONAL RESIDENTIAL CODE
Sec. 8.16.010. Adoption of the 2009 Edition of the International Residential Code.
Pursuant to the powers and authority conferred by the laws of the State and the Charter of the City,
there is hereby adopted and incorporated herein by reference as if fully set forth those regulations
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contained in the International Residential Code, 2009 Edition, Chapters 1- 10 including Appendices E, F,
H, J and K as published by the International Code Council, 4051 West Flossmoor Road, Country Club
Hills, Illinois, 60478 -5795, except as otherwise provided by amendment or deletion as contained in
Section 8.16.020 of this Chapter. At least one (1) copy of the International Residential Code shall be
available for inspection during regular business hours.
Sec. 8.16.020. Amendments.
The International Residential Code, 2009 Edition, as adopted by the City at Section 8.16.010, is
hereby amended to read as follows:
(a) R101.1 Title. These provisions shall be known as the Residential Code for One- and Two -
family Dwellings of the City of Aspen and shall be cited as such and will be referred to herein
as "this code."
(b) Section R102.7. Existing Structures. The legal occupancy of any structure existing on the
date of adoption of this code shall be permitted to continue without change, except as is
specifically covered in this code, the International Existing Building Code by reference or as is
deemed necessary by the building official for the general safety and welfare of the occupants
and the public.
(c) Section R104.8 Liability.
The building official , member of the board of appeals or employee charged with the
enforcement of this code, while acting for the jurisdiction in good faith and without malice in
the discharge of the duties required by this code or other pertinent law or ordinance, shall not
thereby be rendered liable personally or criminally and is hereby relieved from personal
liability for any damage accruing to persons or property as a result of any act or by reason of
an act or omission in the discharge of official duties. Any suit or charge instituted against an
officer or employee because of an act performed by that officer or employee in the lawful
discharge of duties and under the provisions of this code shall be defended by legal
representative of the jurisdiction until the final termination of the proceedings. The building
official or any subordinate shall not be liable for cost in any action, suit or proceeding that is
instituted in pursuance of the provisions of this code.
(d) Section R108.1 Payment of fees. "A permit shall not be valid until the fees prescribed by
Section 2.12.100 of this Code are paid in full."
(e) Section R109.1.5 Other inspections. "The final inspection shall be made after all work
required by the building permit is completed and all applicable referral agencies have accepted
the work to comply with conditions of approval and any specific regulations."
(f) "Section R109.5 Re- inspections. "A re- inspection fee may be assessed when an inspection
is called for and the work is not complete, required corrections are not made, field copy of
approved plans is not readily available to the inspector, work is not accessible or for deviating
from approved plans."
(g) Section 110.4 Conditional occupancy. The Building Official is authorized to issue a
conditional certificate of occupancy before the completion of the entire work covered by the
permit or conditions of approval, provided that portions of the building shall be occupied
safely. The conditional certificate of occupancy shall clearly state the portions of the building
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that may be occupied, the conditions that must be met and a time period during which the
conditional certificate of occupancy is valid. An additional fee prescribed by section 2.12.100
of this Code will be assessed for this service. The conditional certificate of occupancy is
renewable and may be extended by a Chief Building Official at the discretion of the
Building Official.
(h) Section RI12.1 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. The building official shall be
an ex officio member of said board but shall have no vote on any matter before the board. The
board of appeals 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 all
decisions and findings in writing to the appellant with a duplicate copy to the building official.
The Building Code Board of Appeals shall possess that authority as provided in this Code,
Chapter 8.08.
(i) R202 Habitable Space. A space in a building for living, sleeping, eating or cooking.
Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not
considered habitable spaces . Unfinished basements are considered habitable space.
(j) Table R301.2(1) shall read as follows:
Ground snow load 75psf
Wind Speed /Exposure Category 90 /B
Seismic design category C
Weathering Severe
Frost line depth 36"
Termite None to slight
Decay None to slight
Winter design temp -16
Ice shield underlayment required Yes
Flood hazards
Air Freezing index 1640
Mean annual temperature 40 degrees
(k) Section R303.1.2 Mechanical Ventilation. Dwelling units shall be provided with a
mechanical exhaust system, supply air system, or a combination thereof to provide whole
building ventilation with outdoor air.
(I) Section R303.3.1, Bathroom ventilation. Bathrooms shall be mechanically exhausted in
accordance with section MI507.
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(m) Section R303.6 Stairway illumination. All interior and exterior stairways shall be provided
with a means to illuminate the stairs, including the landings and treads. Interior stairways shall
be provided with an artificial light source located in the immediate vicinity of' each landing of
the stairway. For interior stairs the artificial light sources shall be capable of illuminating treads
and landings to levels not less than 1 foot - candle (11 lux) measured at the center of treads and
landings. Exterior stairways shall be provided with an artificial light source located in the
immediate vicinity of the top landing of the stairway. Exterior stairways providing access to a
basement from the outside grade level shall be provided with an artificial light source located in
the immediate vicinity of the bottom landing of the stairway. Exterior stairs as applies to this
Section, are those stairs outside the perimeter walls of the building which serve any exits from
the building or serve as access to the public right -of -way. Exterior stairs used for landscape
purposes are not subject to the requirements of this Section except as required above.
(n) Section R310.1 Emergency escape and rescue required. Basements, habitable attics and every
sleeping room shall have at least one operable emergency escape and rescue opening. Where
basements contain one or more sleeping rooms, emergency egress and rescue openings shall be
required in each sleeping room. Where emergency escape and rescue openings are provided they
shall have a sill height of not more than 44 inches (1118 mm) above the floor. Where a door
opening having a threshold below the adjacent ground elevation serves as an emergency escape
and rescue opening and is provided with a bulkhead enclosure, the bulkhead enclosure shall
comply with Section R310.3. The net clear opening dimensions required by this section shall be
obtained by the normal operation of the emergency escape and rescue opening from the inside.
Emergency escape and rescue openings with a finished sill height below the adjacent ground
elevation shall be provided with a window well in accordance with Section R310.2. Emergency
escape and rescue openings shall open directly into a public way, or to a yard or court that opens
to a public way.
Exception: Basements and habitable attic spaces used only to house mechanical equipment and
not exceeding total floor area of 200 square feet (18.58 m2)
(o) 8310.5 Emergency escape windows under decks and porches. Emergency escape and s are
allowed to be installed under decks and porches provided the location of the deck allows the
emergency escape window to be fully opened and provides a path not less than 7 feet in height to
a yard or court.
(p) Section R324 Automatic fire sprinkler systems. Automatic fire sprinkler systems are required
in all structures five thousand (5,000) square feet or greater as defined by fire area (IBC Section
702.1) and in structures two (2) stories or more in height and containing four (4) or more dwelling
units. Fire separations shall not constitute separate buildings for this purpose.
(q) Section R703.2 Water- resistive barrier. One layer of No. 15 asphalt felt, free from holes and
breaks, complying with ASTM D 226 for Type 1 felt or other approved water- resistive barrier
shall be applied over studs or sheathing of all exterior walls. Such felt or material shall be applied
horizontally, with the upper layer lapped over the lower layer not less than 2 inches (51 mm).
Where joints occur, felt shall be lapped not less than 6 inches (152 mm). The felt or other
approved material shall be continuous to the top of walls and terminated at penetrations and
building appendages in a manner to meet the requirements of the exterior wall envelope as
described in Section R703.1.
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Exception: Omission of the water - resistive barrier is permitted in the following situations:
1. Under exterior wall finish materials as permitted in Table R703.4.
2. Under paperbacked stucco lath when the paper backing is an approved water- resistive
barrier.
(r) Section R806.1 Ventilation required. Enclosed attics and enclosed rafter spaces formed where
ceilings are applied directly to the underside of roof rafters shall have cross ventilation for each
separate space by ventilating openings protected against the entrance of rain or snow. Attic
ventilation openings, soffit vents and vents through roofs shall not exceed 144 square inches each.
Such vents shall be covered with noncombustible corrosion - resistant mesh with openings not to
exceed 'A inch. Ventilation openings having a least dimension larger than 1/4 inch (6.4 mm) shall
be provided with corrosion - resistant wire cloth screening, hardware cloth, or similar material with
openings having a least dimension of 1/16 inch (1.6 mm) minimum and 1/4 inch (6.4 mm)
maximum. Openings in roof framing members shall conform to the requirements of Section
R802.7.
(s) Section R902.1 Roofing covering materials.
Roofs shall be covered with materials as set forth in Sections R904 and R905. Class A or B
roofing shall be installed in areas designated by law as requiring their use or when the edge of the
roof is less than 3 feet (914 mm) from a property line. The minimum roof coverings installed
shall be Class B and Class A in the HIGH areas identified by the City of Aspen Wildfire Hazard
Assessment Map. Classes A or B roofing required by this section to be listed shall be tested in
accordance with UL 790 or ASTM E 108.
Exceptions:
1. Class A roof assemblies include those with coverings of brick, masonry and exposed
concrete roof deck.
2. Class A roof assemblies also include ferrous or copper shingles or sheets, metal sheets
and shingles, clay or concrete roof tile, or slate installed on noncombustible decks.
(t) Section R903.6 Snow shed design. Roofs shall be designed so that they do not shed ice and
snow onto potentially occupied areas such as a walkway, stairway, alley, deck, pedestrian and
vehicular exit from buildings or areas where there is potential for personal injury or property
damage and areas directly above or in front of gas utility or electric utility meters.
Exception: Mechanical barriers installed to roof framing members or solid blocking
secured to framing in accordance to manufacturer's installation instructions.
(u) Section R905.2.7.1 Ice barrier. An ice dam barrier that consists of at least two (2) layers of
underlayment cemented together or of a self - adhering polymer modified bitumen sheet shall be
used in lieu of normal underlayment and shall extend from the roof eave edge at least six feet inside
the exterior wall line as measured along the roof surface, eighteen (18) inches from the centerline
of the valley and up twenty -four (24) inches on the vertical wall at a roof and wall juncture."
13
(v) Section R1003.1.1 Fireplaces allowed. The number of fireplaces allowed shall be determined by
this Code, Section 13.08.070.
Section 5.
Chapter 8.20 of the Aspen Municipal Code is hereby amended to read as follows:
Chapter 8.20
INTERNATIONAL BUILDING CODE
Sec. 8.20.010. Adoption of the 2009 Edition of the International Building Code.
Pursuant to the powers and authority conferred by the laws of the State and the Charter of the City,
there is hereby adopted and incorporated herein by reference as if fully set forth those regulations
contained in the International Building Code, 2009 Edition, including Appendix C, E, I and J published
by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, Illinois, 60478 -5795,
except as otherwise provided by amendment or deletion as contained in Section 8.20.020 of this Chapter.
At least one (1) copy of the International Building Code shall be available for inspection during regular
business hours.
Sec. 8.20.020. Amendments.
The International Building Code, 2009 Edition, as adopted by the City at Section 8.20.010, is
hereby amended to read as follows;
(a) Section 101.1 These provisions shall be known as the Building Code for the City of Aspen
and will be referred to herein as this code.
(b) Section 101.4 Referenced Codes. The other codes listed in Sections 101.4.1 through
101.4.4 and referenced elsewhere in this Code shall be considered part of the requirements of
this code to the prescribed extent of each reference.
(c) Section 101.4.4 Electrical. The provisions of the most current version of the National
Electric Code shall apply to the installation of electrical systems, including alterations, repairs,
replacement, equipment, appliances, fixtures, fittings and appurtenances thereto."
(d) Section 102.6 Existing structures. The legal occupancy of any structure existing on the
date of adoption of this Code shall be permitted to continue without change, except as is
specifically covered in this Code, or as is deemed necessary by the Building Official for the
general safety and welfare of the occupants and the public."
(e) Section 103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction
and with the concurrence of the appointing authority, the building official shall have the
authority to appoint a deputy building official, the related technical officers, inspectors, plan
examiners and other employees. Such employees shall have powers as delegated by the
building official.
(f) Section R104.8 Liability. The building official , member of the board of appeals or
employee charged with the enforcement of this code, while acting for the jurisdiction in good
14
faith and without malice in the discharge of the duties required by this code or other pertinent
law or ordinance, shall not thereby be rendered liable personally or criminally and is hereby
relieved from personal liability for any damage accruing to persons or property as a result of
any act or by reason of an act or omission in the discharge of official duties. Any suit or charge
instituted against an officer or employee because of an act performed by that officer or
employee in the lawful discharge of duties and under the provisions of this code shall be
defended by legal representative of the jurisdiction until the final termination of the
proceedings. The building official or any subordinate shall not be liable for cost in any action,
suit or proceeding that is instituted in pursuance of the provisions of this code.
(g) Section 109.1 Payment of fees. A permit shall not be valid until the fees prescribed by
Section 2.12.100 of this Code are paid in full."
(h) Section 110.3.10 Final inspection. The final inspection shall be made after all work
required by the Building Permit is completed and all applicable referral agencies have
accepted the work to comply with conditions of approval and any specific regulations."
(i) Section 110.7 Re- inspections. A re- inspection fee may be assessed when an inspection is
called for and the work is not complete, required corrections are not made, field copy of
approved plans is not readily available to the inspector, work is not accessible or for deviating
from approved plans.
0) Section 110.3 Conditional Occupancy. The Building Official is authorized to issue a
conditional certificate of occupancy before the completion of the entire work covered by the
permit or conditions of approval, provided that portions of the building shall be occupied
safely. The conditional certificate of occupancy shall clearly state the portions of the building
that may be occupied, the conditions that must be met and a time period during which the
conditional certificate of occupancy is valid. An additional fee prescribed by section 2.12.100
of this Code will be assessed for this service. The conditional certificate of occupancy is
renewable and may be extended by a Chief Building Official at the discretion of the
Building Official.
(k) Section 113.1 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. The building official shall be
an ex officio member of said board but shall have no vote on any matter before the board. The
board of appeals 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 all
decisions and findings in writing to the appellant with a duplicate copy to the building official.
The Building Code Board of Appeals shall possess that authority as provided in this Code,
Chapter 8.08.
(I) Section 406.4.2 Ventilation. A mechanical ventilation system shall be provided in
accordance with the International Mechanical Code or an alternate design appropriate to cold
climate conditions and meeting acceptable CO levels may be proposed as an alternate design
method.
(m) Section [F] 903.2 Where required. Approved automatic sprinkler systems in new
buildings and structures shall be provided in the locations described in Sections 903.2.1 through
903.2.12. In addition to the requirements in this section, all structures 5,000 square feet or greater
15
as defined by fire area (Section 702.1) and R occupancy structures with four (4) or more dwelling
units and two (2) or more stories high will require automatic fire sprinklers.
(n) [F] 907.2.9.1 Manual fire alarm system.
A manual fire alarm system that activates the occupant notification system in accordance with
Section 907.5 shall be installed in Group R -2 occupancies where:
1. Any dwelling unit or sleeping unit is located two (2) or more stories above the lowest
level of exit discharge:
2. Any dwelling unit or sleeping unit is located more than one story below the highest level
of exit discharge of exits serving the dwelling unit or sleeping unit ; or
3. The building contains more than three (3) dwelling units or sleeping units.
(o) Section 1203.2.1 Openings into attics. Exterior openings into the attic space of any
building intended for human occupancy shall be protected to prevent the entry of birds,
squirrels, rodents, snakes and other similar creatures. Attic ventilation openings, soffit vents
and vents through roofs shall not exceed 144 square inches each. Such vents shall be covered
with noncombustible corrosion- resistant mesh with openings not to exceed '/ inch.
(p) 1203.3.1 Openings for under -floor ventilation. The minimum net area of ventilation
openings shall not be less than 1 square foot for each 150 square feet (0.67 m2 for each 100
m2) of crawl -space area. Ventilation openings shall be covered for their height and width with
any of the following materials, provided that the least dimension of the covering shall not
exceed 1/4 inch (6 mm):
1. Perforated sheet metal plates not less than 0.070 inch (1.8 mm) thick.
2. Expanded sheet metal plates not less than 0.047 inch (1.2 mm) thick.
3. Cast -iron grilles or gratings.
4. Extruded load - bearing vents.
5. Hardware cloth of 0.035 inch (0.89 mm) wire or heavier.
6. Noncombustible corrosion - resistant mesh with openings not to exceed 1/8 inch.
(q) Section 1505.1, General. Roof assemblies shall be divided into the classes defined
below. Class A, B and C roof assemblies and roof coverings required to be listed by this
section shall be tested in accordance with ASTM E 108 or UL 790. In addition, fire -
retardant- treated wood roof coverings shall be tested in accordance with ASTM D 2898.
The minimum roof covering installed shall be Class B and Class A in (High) areas
identified by The City of Aspen Wildfire Hazard Assessment Map.
Exception: Skylights and sloped glazing that comply with Chapter 24 or Section 2610.
(r) TABLE 1505.1a, b
16
MINIMUM ROOF COVERING CLASSIFICATION FOR TYPES OF CONSTRUCTION
IA IB IIA IIB IIIA IIIB W VA VB
B B B B B B B B B
For SI: 1 foot = 304.8 mm, 1 square foot = 0.0929 m2.
a. Unless otherwise required to use a "Class A" covering due to location in a high hazard
area as indicated by The City of Aspen Wildfire Hazard Assessment Map.
b. Nonclassified roof coverings shall be permitted on buildings of Group R -3 and Group
U occupancies, where there is a minimum fire - separation distance of 6 feet measured from
the leading edge of the roof.
(s) Section 1504.9 Snow shed design. Roofs shall be designed so that they do not shed ice and
snow onto potentially occupied areas such as a walkway, stairway, alley, deck, pedestrian and
vehicular exit from buildings or areas where there is potential for personal injury or property
damage and areas directly above or in front of gas utility or electric utility meters.
"Exception: Mechanical barriers installed to roof framing members or solid blocking
secured to framing in accordance to manufacturers' instructions."
(t) Section 1507.2.8.2 Ice Barrier. An ice dam barrier that consists of at least two (2) layers of
underlayment cemented together or of a self - adhering polymer modified bitumen sheet shall be
used in lieu of normal underlayment and shall extend from the roof eave edge at least six (6) feet
inside the exterior wall line as measured along the roof surface, Eighteen (18) inches from the
centerline of the valley and up twenty -four (24) inches on the vertical wall at a roof and wall
juncture.
(u) Section 1608.2 Ground snow loads. The ground snow load to be used in determining the
snow loads for roofs shall be seventy -five (75) pounds per square foot in the City.
(v) Section 1609.3 Basic wind speed. 90MPH with 3 second gust rate shall be used for
structural design shall.
(w) Section 1609.4.1 Exposure category. Catagory B shall be used for the design of all
structures in the City of Aspen.
(x) Section 1612.3. Establishment of flood hazard areas. To establish flood hazard areas , the
applicable governing authority shall adopt a flood hazard map and supporting data. The flood
hazard map shall include, at a minimum, areas of special flood hazard as identified by the
Federal Emergency Management Agency in an engineering report entitled "The Flood
Insurance Study for City of Aspen," dated June 4, 1987, as amended or revised with the
accompanying Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map
(FBFM) and related supporting data along with any revisions thereto. The adopted flood
hazard map and supporting data are hereby adopted by reference and declared to be part of this
section.
17
(y) Section 1805.4.3 Drainage discharge. The floor base and foundation perimeter drain
shall discharge by gravity or mechanical means into an approved drainage system that
complies with the International Plumbing Code.
(z) Section 2111.1.1 Fireplaces allowed. The number of fireplaces allowed shall be determined
by this Code, Section 13.08.070.
(aa) Section 3001.5 Permits required. Elevator permits and inspections are required through the
Northwest Colorado Council of Govemments (NWCCOG.
(bb) Section 3412. Applicability. Structures existing prior to June 17, 1957 in which there is work
involving additions, alterations or changes of occupancy shall be made to comply with the
requirements of this section or the provisions of Sections 3403 through 3409. The provisions in
Sections 3412.2.1 through 3412.2.5 shall apply to existing occupancies that will continue to be, or
are proposed to be, in Groups A, B, E, F, M, R, S and U. These provisions shall not apply to
buildings with occupancies in Group H or I.
Section 6.
Chapter 8.24 of the Aspen Municipal Code is hereby amended to read as follows:
Chapter 8.24
NATIONAL ELECTRICAL CODE
Sec. 8.24.010. Adoption of the National Electrical Code, most current edition.
Pursuant to the power and authority conferred by the law of the State and the Charter of the City, it
is hereby adopted herein by reference as if fully set forth those regulations contained in the National
Electrical Code, most current edition, published by the National Fire Protection Association,
Batterymarch Park, Quincy, Massachusetts, 02269 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, most current edition, adopted by the State of Colorado, shall be kept on file in the office of the City
Clerk and shall be made available for inspection during regular business hours.
Sec. 8.24.020. Administrative Provisions to the NEC for The City Aspen
(a) Section 1 "Electrical Inspector for the division of Building Safety"
"Creation of electrical inspector". The Electrical Inspector for the Division of Building Safety is
hereby created and the official in charge thereof shall be known as the Building Official. The
function of the Electrical Inspector is to assist the Building Official in the administration and
enforcement of the provisions of this code.
(b) Section 2 "Appointment." The Building Official of the jurisdiction shall appoint the electrical
inspector."
(c) Section 3 "Schedule of permit fees" Shall read as follows:
18
"A permit shall not be valid until the fees prescribed by Section 2.12.100 of this Code are
paid in full."
(d) Section 4 "Appeals" shall be in accordance with Section 8.08 of this Code.
Sec. 8.24.030. Amendments
The National Electrical Code, Current Edition, as adopted by the City of Aspen at Section
8.24.010 is hereby amended to read as follows:
(a) Work involving the installation of wiring of 50 volts or less used for the control of
electrical power or lighting will require an electrical permit.
Section 7.
Chapter 8.28 of the Aspen Municipal Code is hereby amended to read as follows:
Chapter 8.28
INTERNATIONAL FUEL GAS CODE
Sec. 8.28.010. Adoption of the 2009 Edition of the International Fuel Gas Code.
Pursuant to the powers and authority conferred by the laws of the State and the Charter of the City,
there is hereby adopted and incorporated herein by reference as if fully set forth those regulations
contained in the International Fuel Gas Code, 2009 Edition, as published by the International Code
Council, 4051 West Flossmoor Road, Country Club Hills, Illinois, 60478 -5795, except as otherwise
provided by amendment or deletion as contained in Section 8.28.020 of this Chapter. At least one (1)
copy of the International Fuel Gas Code shall be available for inspection during regular business hours.
Sec. 8.28.020. Amendments
The International Fuel Gas Code, 2009 Edition, as adopted by the City of Aspen at Section
8.20.010 is hereby amended to read as follows:
(a) Section 101.1 Title. These regulations shall be known as the Fuel Gas Code of City of Aspen,
hereinafter referred to as "this code."
(b) Section 103 (IFGC) DEPARTMENT OF BUILDING SAFETY
(c)Section 103.1 The Department of Building Safety is hereby created and the official in charge
thereof shall be known as the building official
(d) Section 103.4 Liability. The building official, member of the board of appeals or employee
charged with the enforcement of this code, while acting for the jurisdiction in good faith and
without malice in the discharge of the duties required by this code or other pertinent law or
ordinance, shall not thereby be rendered liable personally or criminally and is hereby relieved
from personal liability for any damage accruing to persons or property as a result of any act or by
reason of an act or omission in the discharge of official duties. Any suit or charge instituted
against an officer or employee because of an act performed by that officer or employee in the
19
lawful discharge of duties and under the provisions of this code shall be defended by legal
representative of the jurisdiction until the final termination of the proceedings. The building
official or any subordinate shall not be liable for cost in any action, suit or proceeding that is
instituted in pursuance of the provisions of this code.
(e) Section 106.6.2 Fee schedule. is hereby amended to read as follows: A permit shall not be
valid until the fees prescribed by Section 2.12.100 of this Code are paid in full.
(f) Section 106.6.3 Fee refunds. The code official shall authorize the refunding of fees as follows.
1. The full amount of any fee paid hereunder which was erroneously paid or collected.
2. Not more than 80 percent of the permit fee paid when no work has been done under a permit
issued in accordance with this code.
3. Not more than 80 percent of the plan review fee paid when an application for a permit for
which a plan review fee has been paid is withdrawn or canceled before any plan review effort has
been expended.
The code official shall not authorize the refunding of any fee paid, except upon written
application filed by the original permittee not later than 180 days after the date of fee payment.
(g) Section 108.4 Violation Penalties. Any person who violates the provisions of this
code or fails to comply with the requirements thereof or who erects, constructs, alters or
repairs a building or structure in violation of the approved construction documents or
directive of the Building Official, or of a permit or certificate issued under the provisions
of this code, shall be subject to the penalties as prescribed by law.
(h) Section 108.5 Stop Work Orders. Upon notice from the code official that work is being done
contrary to the provisions of this code or in a dangerous or unsafe manner, such work shall
immediately cease. Such notice shall be in writing and shall be given to the owner of the
property, the owner's agent, or the person doing the work. The notice shall state the conditions
under which work is authorized to resume. Where an emergency exists, the code official shall not
be required to give a written notice prior to stopping the work. Any person who shall continue
any work on the system after having been served with a stop work order, except such work as that
person is directed to perform to remove a violation or unsafe condition, shall be liable for a fine
of not less than double the permit fees for each violation.
(i) Section 109 (IFGC) Means of Appeal
Section 109.1 Appeals shall be in accordance with Section 8.08 of this Code.
(j) Section 621.1General. Unvented room heaters are prohibited.
Section 8.
Chapter 8.36 of the Aspen Municipal Code is hereby amended to read as follows:
Chapter 8.36
20
INTERNATIONAL PLUMBING CODE
Sec. 8.36.010. Adoption of the International Plumbing Code, 2009 Edition.
Pursuant to the powers and authority conferred by the laws of the State and the Charter of the City,
there is hereby adopted and incorporated herein by reference as if fully set forth those regulations
contained in the International Plumbing Code, 2009 Edition, as published by the International Code
Council, 4051 West Flossmoor Road, Country Club Hills, Illinois, 60478 -5795, except as otherwise
provided by amendment or deletion as contained in Section 8.36.020 of this Chapter. At least one (1)
copy of the International Plumbing Code shall be available for inspection during regular business hours.
Sec. 8.36.020. Amendments.
The International Plumbing Code, 2009 Edition, as adopted by the City at Section 8.36.010 above,
is hereby amended to provide and read as follows:
(a) Section 101.1 Title. These regulations shall be known as the International Plumbing Code
of City of Aspen hereinafter referred to as "this code."
(b) SECTION 103 DEPARTMENT OF BUILDING SAFETY
(c) Section 103.1 The Department of Building Safety is hereby created and the official in
charge thereof shall be known as the building official.
(d) Section 103.4 Liability. The building official, member of the board of appeals or employee
charged with the enforcement of this code, while acting for the jurisdiction in good faith and
without malice in the discharge of the duties required by this code or other pertinent law or
ordinance, shall not thereby be rendered liable personally or criminally and is hereby relieved
from personal liability for any damage accruing to persons or property as a result of any act or
by reason of an act or omission in the discharge of official duties. Any suit or charge instituted
against an officer or employee because of an act performed by that officer or employee in the
lawful discharge of duties and under the provisions of this code shall be defended by legal
representative of the jurisdiction until the final termination of the proceedings. The building
official or any subordinate shall not be liable for cost in any action, suit or proceeding that is
instituted in pursuance of the provisions of this code.
(e) Section 106.6.2 Fee schedule. A permit shall not be valid until the fees prescribed by
Section 2.12.100 of this Code are paid in full.
(f) Section 106.6.3 Fee refunds. The code official shall authorize the refunding of fees as
follows:
1. The full amount of any fee paid hereunder that was erroneously paid or collected.
2. Not more than 80 percent of the permit fee paid when no work has been done under a
permit issued in accordance with this code.
3. Not more than 80 percent of the plan review fee paid when an application for a permit for
which a plan review fee has been paid is withdrawn or canceled before any plan review effort
has been expended.
21
The code official shall not authorize the refunding of any fee paid except upon written
application filed by the original permittee not later than 180 days after the date of fee payment.
(g) Section 108.4 Violation Penalties. Any person who violates the provisions of this
code or fails to comply with the requirements thereof or who erects, constructs, alters
or repairs a building or structure in violation of the approved construction documents
or directive of the Building Official, or of a permit or certificate issued under the
provisions of this code, shall be subject to the penalties as prescribed by law.
(h) Section 108.5 Stop Work Orders. Upon notice from the code official that work is being
done contrary to the provisions of this code or in a dangerous or unsafe manner, such work
shall immediately cease. Such notice shall be in writing and shall be given to the owner of the
property, the owner's agent, or the person doing the work. The notice shall state the conditions
under which work is authorized to resume. Where an emergency exists, the code official shall
not be required to give a written notice prior to stopping the work. Any person who shall
continue any work on the system after having been served with a stop work order, except such
work as that person is directed to perform to remove a violation or unsafe condition, shall be
liable for a fine of not less than double the permit fees for each violation.
(i) Section 109.1 Appeals shall be in accordance with Chapter 8.08 of this Code."
0) Section 305.6.1 Sewer Depth. Building sewers that connect to private sewage disposal
systems shall be a minimum of 48 inches below finished grade at the point of septic tank
connection. Building sewers shall be a minimum of 48 inches below grade.
(k) Section 702.3.1 Vitrified clay pipe is not to be used as building sewer pipe material.
(1) Section 904.1 Roof Extension. All open vent pipes that extend through a roof shall be
terminated at least 12 inches above the roof, except that where a roof is to be used for any purpose
other than weather protection, the vent extensions shall be run at least 7 feet (2134 mm) above the
roof.
Section 9.
Chapter 8.44 of the Aspen Municipal Code is hereby amended to read as follows:
Chapter 8.44
MECHANICAL CODE
Sec. 8.44.010. Adoption of the 2009 Edition of the International Mechanical Code.
Pursuant to the powers and authority conferred by the laws of the State and the Charter of the City,
there is hereby adopted and incorporated herein by reference as if fully set forth those regulations
contained in the International Mechanical Code, 2009 Edition, as published by the International Code
Council, 4051 West Flossmoor Road, Country Club Hills, Illinois, 60478 -5795, except as otherwise
22
provided by amendment or deletion as contained in Section 8.44.020 of this Chapter. At least one (1)
copy of the International Mechanical Code shall be available for inspection during regular business hours.
Sec. 8.44.020. Amendments.
The International Mechanical Code, 2009 Edition, as adopted by the City at Section 8.44.010, is
hereby amended to provide and read as follows:
(a) Section 101.1 Title. These regulations shall be known as the Mechanical Code of the City
of Aspen, hereinafter referred to as "this code."
(b) SECTION 103 DEPARTMENT OF BUILDING SAFETY
(c) "Section 103.1 General. The Department of Building Safety is hereby created and the
official in charge thereof shall be known as the building official."
(d) Section R104.8 Liability. The building official, member of the board of appeals or
employee charged with the enforcement of this code, while acting for the jurisdiction in good
faith and without malice in the discharge of the duties required by this code or other pertinent
law or ordinance, shall not thereby be rendered liable personally or criminally and is hereby
relieved from personal liability for any damage accruing to persons or property as a result of
any act or by reason of an act or omission in the discharge of official duties. Any suit or charge
instituted against an officer or employee because of an act performed by that officer or
employee in the lawful discharge of duties and under the provisions of this code shall be
defended by legal representative of the jurisdiction until the final termination of the
proceedings. The building official or any subordinate shall not be liable for cost in any action,
suit or proceeding that is instituted in pursuance of the provisions of this code.
(e) Section 106.6.2 Fee schedule. A permit shall not be valid until the fees prescribed by
Section 2.12.100 of this Code are paid in full.
(t) Section 106.6.3 Fee refunds. The code official shall authorize the refunding of fees as
follows.
1. The full amount of any fee paid hereunder which was erroneously paid or collected.
2. Not more than 80 percent of the permit fee paid when no work has been done under a permit
issued in accordance with this code.
3. Not more than 80 percent of the plan review fee paid when an application for a permit for
which a plan review fee has been paid is withdrawn or canceled before any plan review effort
has been expended.
The code official shall not authorize the refunding of any fee paid, except upon written
application filed by the original permittee not later than 180 days after the date of fee payment.
(g) Section 108.5 Stop Work Orders. Upon notice from the code official that work is being
done contrary to the provisions of this code or in a dangerous or unsafe manner, such work
shall immediately cease. Such notice shall be in writing and shall be given to the owner of the
property, the owner's agent, or the person doing the work. The notice shall state the conditions
under which work is authorized to resume. Where an emergency exists, the code official shall
not be required to give a written notice prior to stopping the work. Any person who shall
23
continue any work on the system after having been served with a stop work order, except such
work as that person is directed to perform to remove a violation or unsafe condition, shall be
liable for a fine of not less than double the permit fees for each violation. (i)Section 108.4
Violation Penalties. Any person who violates the provisions of this code or fails to
comply with the requirements thereof or who erects, constructs, alters or repairs a
building or structure in violation of the approved construction documents or directive
of the Building Official, or of a permit or certificate issued under the provisions of this
code, shall be subject to the penalties as prescribed by law.
(h) Section 109.1 Appeals shall be in accordance with Chapter 8.08 of this Code.
(i) Section 901.5 Fireplaces allowed. The number of fireplaces allowed shall be determined by
this Code, Section 13.08.070."
(j) Section 903.3 Unvented gas log heaters are prohibited.
Section 10.
This ordinance shall become effective 30 days following passage and publication.
Section 11.
This ordinance shall not have any effect on existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances
repealed or amended as herein provided, and the same shall be construed and concluded under
such prior ordinances.
Section 12.
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and shall not affect the validity of the
remaining portions thereof.
A public hearing on the ordinance was held on the 14 of November, 2011, in the City Council
Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLI ED as provided by law by the City
Council of the City of Aspen on the � day of 011.
Michael . Ireland, Mayo
24
ATT ST:
Ase
#14 Cd_As
Kathryn S. .ch, City Clerk
APPROVED AS TO FORM:
o I '. Arcester, City Attorney
FINALLY adopted, passed and approved this / 1 day of /(.A(kAIS -1-l<
- i1
Michae' C. Ireland, ayor
ATT .T:
Kathryn S. Koc ' ity Clerk
25
rveu, %/L A w, w 1 1
7167571 O V 3 Z190
Ad Ticket #5
1 U ° fib -(1
Acct: 1013028 Name: Aspen (LEGALS) City of
Phone: (970)920 -5064 Address: 130 S Galena St
E -Mail ANGELA SCOREY
Client:
Caller: Kathy C ity: Aspen
Receipt State: CO Zip: 81611
Ad Name: 7167571A Original Id: 7167477
Editions: 8ATI /8ATW/ Class: 0990
Start: 10/30/11 Stop: 10/30/11
Color: Issue 1
Copyline: atw Ordinance #31 R ep: AT Legals
Lines: 18 LEGAL NOTICE
ORDINANCE #31, 2011 PUBLIC HEARING
Depth: 1.51 Ordinance #31. Series of 2011. was adopted on
first reading at the City Council meeting October
Columns: 1 24. 201 This ordinance. if adopted. will adopt the
Discount: 0.00 2009 building codes. The public hearing on this
ordinance is scheduled for November 11, 2011 at 5
Commission: 0.00 PM. City hall. 130 South Galena.
To see the entire text. go to the city's legal notice
Net: 0.00 website
0 .00 http:l www aspenpitkin .cam/Departments,/ /Clerk/
Tax: Legal - Notices/
Total 13.09 If you would like a copy FAXed or e- mailed to you.
call the city clerk's office. 429 -2686.
Payment 0.00
Published in the Aspen Times Weekly on October
30.2011. [7167571]
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