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Home My WebLink Aboutordinance.council.058-90 - ~. Ie ORDINANCE NO. 5lr' (Series of L990) AN ORDINANCE REPEALING AND REENACTING SECTIONS 7-213, 7-214 AND ENACTING NEW SECTION 7-218 OF ARTICLE IX OF CHAPTER 7 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, BY ADOPTION OF THE UNIFORM PLUMBING CODE, 1988 EDITION, AS AMENDED. WHEREAS, the City Council desires to adopt for the benefit of the city of Aspen the 1988 Ed1tion of the Un1form Plumb1ng Code and to repeal existing plumbing code prov1sions and ordin- ances in conflict therewith, and implement recommended additions and modifications thereto. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: section 1: section 7-213 of the Mun1cipal Code of the city of Aspen, Colorado, adopting the Technical Plumbing Code Regulations of the State Board of Public Health of the State of Colorado effective December 28, 1953, as amended, be and is hereby repealed and reenacted to read as follows: Sect10n 7-213. Adoption of the 1988 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 C1ty of Aspen, Colorado, there 1S hereby adopted and incorporated here1n by reference as if fully set forth those regulations contained in the Un1form Plumbing Code, L988 Edition (inclusive of Appendices A, B, C and D) published by the International Conference of Build1ng Officials, 5360 South Workman Road, Whittier, California 90601, except as otherwise prov1ded 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 1n the office of e a LI,. I. the Clerk of the city of Aspen, Colorado, and shall be made available for inspect10n dur1ng regular bUS1ness hours. Sect10n 2: . Sect10n 7-214 of the Municipal Code of the City of Aspen, adopting certain amendments to the Technical Plumbing Code Regulat10ns of the Colorado state Board of Public Health, as previously adopted 1n section 7-213 of this Article IX, is hereby repealed and reenacted to read as follows: section 7-214. Amendments. The Uniform Plumbing Code, 1988 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, T1tle 20.4 "Permit Required", is amended by the addition of subsections (eL), (e) and (f), to read as follows: Title 20.4. Perm1t 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 provis1ons of this code. No perm1t 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 gran1:1ng of a permit or approval of plans shall not prevent the Administrative Authority from thereafter requir1ng the correction of errors 1n said plans and specifications or from preventing constructIon operat1ons be1ng carried on thereunder when in violation of this code or of any other ordinance or from revoking any cer- tificate of approval when issued in error. (f) Every permit issued by the Administrative Author1ty under the provisions of th1s code shall 2 .. (:. (c) :e I. expire by limitat10n and become null and void if the work authorized by such permit is not com- menced within 180 days from the date of 1ssuance of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred eighty (180) days. Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee therefor shall be one-half 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 specifications for such work; and provided, further, that such suspension or abandonment has not exceed one (1) year. No perm1t shall be extended more than once. In order to renew act10n on a perm1t after expira- t1on, the permittee shall pay a new full perm1t fee. Part 1, Title 20.12 "Liabil1ty", 1S amended to read as follows: Title 20.12. Liability. The admin1strative authority, or his authorized repre- sentative charged with the enforcement of this code, acting in good faith and without malice in the dis- charge of his duties, shall not thereby render himself personally llable for any damage that may accrue to persons or property as a result of any act or omiss1on in the d1scharge of his duties. Any suit brought against the building official or employee because of an act or omission performed by him in the enforcement or 1nterpretation of any provision of this code or other pertinent laws or ordinanc:es implemented through the enforcement or interpretat10n of this code shall be defended by the C1ty of Aspen in accordance with the prov1sions of the Colorado Governmental Immunity Act, C.R.S. sections 24-10-101, et seq., ("Act"), as amended, and any judgment resulting therefrom shall, likew1se, be paid 1n accordance w1th the Act. 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 responsIbil1ty or liability by reason of the adoption of this code or by the exercise of 3 1- 'e Ie 1nspect1ons author1zed and carr1ed out thereunder, or by the 1ssuance of any permits or certificates issued pursuant to th1S code. (d) Part 1, Title 20.14 "Board of Appeals", is amended to read as follows: Title 20.14. Appeals. Appeals from determinations or decisions made by the adminis~rative authority relative to the application and interpretat10n 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 Munic1pal Code of the city of Aspen, Colorado. The Board of Appeals and Examiners shall possess that authority as specified in Art1cle II of Chapter 7 of the Municipal Code. section 3: Sect10n 7-218, "Violations and Penalties", is hereby enacted and added to Article IX to read as follows: section 7-218. Violations and Penalties. (a) It shall be unlawful for 2my 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 cont1nuing violation of this code. (b) A violation of any of the provisions of th1S code shall const1tute a misdemeanor, pun1shable upon conviction by a fine not exceeding Three Hundred Dollars ($300.00), 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 violat1on of any of the provisions of this code occurs or continues unabated after the time llmit set for abatement of the v1olation. 4 . '. '. section 4: This ordinance shall not have any effect on exist1ng litiga- tion and shall not operate as an abatement of any action or proceed1ng now pend1ng under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be cont1nued and concluded under such prior ordinances. section 5: If any section, subsection, sentence, clause, phrase or port1on 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 val1dity of the remaining portions thereof. section 6: A public hearing on the ordinance shall be held on the /0 day of j)@~h ~ , 1990, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as prov1ded by law by the City Council of the city of Aspen on the ,27 day of ~'---'>r_~ o , 1990. -:~~ Will1am L. St1rling, ATTEST: J'1A ~~~/ Kathryn S. Koch, City Clerk 5 I,.' ~.- I, ,:. " '- FINALLY adopted, passed and approved this / [) day of c;t-~OA-- ATTEST: 7 <,---AA--b;;:;~~ thryn S. Koch, C1ty Clerk 1990. ~ W1lliam L. Stirling, 6 .4