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HomeMy WebLinkAboutordinance.council.059-03ORDINANCE NO. 59 Series of 2003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, ADOPTING 2003 EDITIONS OF CERTAIN INTERNATIONAL BUILDING CODES. AMENDING REQUIREMENTS. PROCEDURES AND CRITERIA FOR CONSTRUCTION CONTRACTOR TESTING AND LICENSING. WHEREAS. the Uniform Building Codes are no longer being published; and WHEREAS. to stay current with new building construction technology and national and state standards the International Code Council publishes the new standard; and WHEREAS, the purpose 0f this code is to provide for and promote the health; safety and welfare of Aspen residents and visitors; and WHEREAS, numerous public educational meetings to introduce the new codes have been held and opportunities for interested party input regarding adoption of the new codes have been available; and WHEREAS, coordination between jurisdictions in the Roaring Fork Valley to adopt the International Codes will aid in the uniform and effective regulation of persons engaged in construction activities, ensuring increased public safety; and WHEREAS, the Chief Building Official, also referred to herein as the "building official" is authorized by the City Council to administer and enforce this code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCiL OF THE CITY OF ASPEN, COLORADO: Section 1. That Section 8.20 of the Municipal Code of the City of Aspen, Colorado adopting the 1997 editions of the Uniform Building Code Volumes I, II and III be and is hereby repealed and reenacted to read as follows: Section 8.20.010 Adoption of the 2003 Edition of the International Building Code. Pursuant to the powers and authority conferred by the laws of the State of Colorado and the Charter of the City of Aspen, Colorado, there is hereby adopted and incorporated herein by reference as if fully set forth those regulations contained in the International Building Code, 2003 Edition, including Appendix C, E, I and J published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, Illinois, 60478-5795, except as otherwise provided by amendment or deletion as contained in Section 8.20.020 of this chapter. At least one (1) copy of the International Building Code shall be available for inspection during regular business hours. (Ord. No. 55-1999 § 2 (part)) Section 8.20.020 Amendments The International Building Code, 2003 Edition, as adopted by the City of Aspen at Section 8.20.010 is hereby amended tO read as follows; (a) Section 101.1 Insert: City of Aspen for [NAME OF JURISDICTION] (b) Section 101.4 "Referenced Codes" is hereby amended and to read as follows: The other codes listed in Sections 101.4.1 through 101.4.5 and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each reference. (c) Section 101.4.1 "Electrical" is hereby amended to read as follows: The provisions of the most current version of the National Electric Code shall apply to the installation of electrical systems, including alternations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. (d) Section 101.4.5 "Property Maintenance" is hereby deleted in it entirety. (e) Section 104.6 "Fire Prevention" is hereby deleted in it entirety. (f) Section 101.4.7 "Energy" is hereby amended and to read as follows: Section 101.4.5 Energy. The provisions of the most current version of the "City of Aspen Energy Conservation Code" shall apply to all matters governing the design and construction of buildings for energy efficiency. (§) Section 102.5 "Existing Structures" is hereby amended and to read as follows: The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the International Existing Building Code or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public. (h) SECTION 103 DEPARTMENT OF BUILDING SAFETY is hereby amended to read as follows: SECTION 103 DIVISION OF BUILDING SAFETY Section 103.1 The Division of Building Safety is hereby created and the official in charge thereof shall be known as the building official. 2 Section 103.3 "Deputies" is hereby tu~aended and to read as follows: [The section shall remain as is except that the last sentence shall read:] For the maintenance of existing building, see the International Existing Building Code. (i) Section 104.6 "Right of Entry" is hereby amended and to read as follows: [The section shall remain as is except that the last sentence shall ~ead:] If entry is refused, or no person having charge or control over the building or premises can be located, the building official shall obtain a warrant from the City of Aspen Municipal Court authorizing the building official to make entry onto the building or premises. (j) Section 104.8 "Liability" is hereby amended to read as follows: The Building Official, or his authorized representative charged with the enforcement of this code, acting in good faith and without malice in the discharge of his duties, shall not thereby render himself personally liable for any damage that may accrue to persons or property as a result of any act or omission in the discharge of his duties. This code shall not be construed to relieve or lessen the responsibility of any person owning, operating or controlling any building or structure for any damage to persons or property caused by defects on or in such premises, nor shall the code enforcement agency, any employee thereof, or City of Aspen be held as assuming any such responsibility or liability by mason of the adoption of this code or by the exercise of inspections authorized and carried out hereunder, or by the issuance of any permits or certificates issued pursuant to this code. (k) Section i05.3.2 "Time limitation of application" is hereby amended to read as follows: An application for any proposed work shall be deemed to have been abandoned six (6~ months after the date of filing, unless such application has been pursed in good faith or a permit has been issued. The building official is authorized to grant on extension not exceeding six (6) months. The extension shall be requested in writing and justifiable cause demonstrated. (t) Section 105.5 "Expiration" is hereby amended to read as follows: Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 12 months after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is not authorized to grant an extension. (m) Section 106.3.3 "Phased Approval" is hereby amended to read as follows: 3 The building official is authorized to issue a permit for the construction of the foundation of a building only after the documents for the whole building or structure have been submitted and approved by the appropriate referral agencies. The holder of a foundation permit shall proceed at the holder's own risk without assurance that a permit for the entire structure will be granted. (n) Section 108.1 "Payment of fees' is hereby amended to read as follows: A permit shall not be valid until the fees prescribed by Section 2.12.100 of the Municipal Code of the City of Aspen are paid in full. (o) Section 109.3.1 "Other Inspections" is hereby amended to read as follows: [The section shall remain as is except that the last sentence shall read:] Other inspections shall include but not be limited to line-grade verification and snow melt insulation and controls. (p) Section 109.3.10 "Final Inspection" is hereby amended to read as follows: The final inspection shall be made after all work required by the building permit is completed and all applicable referral agencies have accepted the work to comply with conditions of approval and any specific regulations. (q) Add Section 109.7 Reinspections. A reinspection fee may be assessed when an inspection is called for and the work is not complete, required corrections are not made, field copy of approved plans is not readily available to the inspector, work is not accessible or for deviating from approved plans. (r) Section 110.3 "Temporary Occupancy" is hereby deleted and replaced to read as follows: Section 110.3 Conditional occupancy. The building official is authorized to issue a conditional certificate of occupancy before the completion of the entire work covered by the permit or conditions of approval, provided that portions of the building shall be occupied safely. The conditional certificate of occupancy shall clearly state the portions of the building that may be occupied, the conditions that must be met and a time period during which the conditional certificate of occupancy is valid (s) Section 112.1 "Board of Appeals, General" is hereby amended to read as follows: [The section shall remain as is except that the last sentence shall read:] The Building Code Board of Appeals shall possess that authority as provided in the Municipal Code of the City of Aspen 8.08. (t) Section 406.4.2 "Ventilation" is hereby amended to read as follows: 4 A mechanical ventilation system shall be provided in accordance with the International Mechanical Code or an alternate design appropriate to cold climate conditions and meeting acceptable CO levels may be proposed as an alternate design method. NOTE: Unless specifically addressed below m~y sections designated by [F! may be amended by the Fire Marshal in the Municipal Code of the City of Aspen 11.04. (u) Section [FI 903.2 "Where required" is hereby amended to read as follows: [The section shall remain as is except that the last sentence shall read:] ...in this Section and in all structures 5,000 square feet or greater as defined by fire area (Section 702.1) and R occupancy structures with four (4) or more dwelling units and two (2) or more stories high. (v) Section [F] 907.2.9 "Group R-2" is hereby amended to read as follows: A manual fire alarm system shall be installed in Group R-2 occupancies where: 1. Any dwelling unit or sleeping unit is located two or more stories above the lowest level of exit discharge: 2. [Remains as is] 3. Th9 building contains more than three dwelling units or sleeping units. (w) Add Section 1504.8 Snow shed design. - Roofs shall be designed so that they do not shed ice and snow onto potentially occupied areas such as a walkway, stairway, alley, deck, pedestrian and vehicular exits from buildings or areas where there is potential for personal injury or property damage and areas directly above or in front of gas utility or electric utility meters. Exception: Mechanical barriers installed to roof framing members or solid blocking secured to framing in accordance to manufacturers instructions. (x) Section 1507.2.8.2 "Ice dam membrane" is hereby amended to read as follows: An ice dam ban-ier that consists of at least two layers of underlayment cemented together or of a self-adhering polymer modified bitumen sheet shall be used in lieu of normal underlayment and shall extend from the roof eave edge at least six feet inside the exterior wall line as measured along the roof surface, twenty-four inches from the centerline of the valley and up twenty-four inches on the vertical wall at a roof and wall juncture. (y) Section 1607.2 "Ground snow loads" is hereby amended to read as follows: The ground snow load to be used in determining the snow loads for roofs shall be 75 pounds per square foot in the City of Aspen. (z) Section 1612.3. Insert: City of Aspen for [NAME OF JURISDICTION] (aa) Section 1612.3. Insert: June 4, 1987 for [DATE OF ISSUANCE] (bb) Section 1805.2.1 item #I "Frost protection" is hereby amended to read as follows: Frost protection depth shall be thirty-six (36) inches. (cc) Section 1807.4.3 "Drainage discharge" is hereby amended as follows: Delete Exception (dd) Add Section 2111.1.1 Fireplaces allowed. The number of fireplaces allowed shall be determined by the Municipal Code of the City of Aspen Section 13.08.070. (ee) Add Section 3001.5 Permits reqnired. Elevator permits and inspections are required through the Northwest Colorado Council of Governments (NWCCOG). (ff) Section 3409.2: Insert: [DATE 1N ONE LOCATION] Section 2. That Section 8.16 of the Municipal Code of the City of Aspen, Colorado adopting the 2003 edition of the International Residential Code is enacted to read as follows: Section 8.16.010 Adoption of the 2003 Edition of the International Residential Code. Pursuant to the powers and authority conferred by the laws of the State of Colorado and the Charter of the City of Aspen, Colorado, there is hereby adopted and incorporated herein by reference as if fully set forth those regulations contained in the International Residential Code, 2003 Edition, including Appendix E, F, H, J and K as published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, Illinois, 60478-5795, except as otherwise provided by amendment or deletion as contained in Section 8.20.020 of this chapter. At least one (1) copy of the International Residential Code shall be available for inspection during regular business hours. (Ord. No. 55-1999 § 2 (part)) Section 8.16.020 Amendments The International Residential Code, 2003 Edition, as adopted by the City of Aspen at Section 8.20.010 is hereby amended to read as follows: (a) Section R101.1 Insert: City of Aspen for [NAME OF JURISDICTION] 6 (b) Section R102.7 '~Existing Structures" is hereby amended and to read as follows: The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the International Existing Building Code or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public. (c) Section R103 DEPARTMENT OF BUILDiNG SAFETY is hereby amended and to read as folloxvs: SECTION 103 DIVISION OF BUILDING SAFETY Section 103.1 The Division of Building Safety is hereby created and the official ~n charge thereof shall be known as the building official. (d) Section R104.6 "Right of Entry" is hereby amended to read as follows: [The section shall remain as is except that the last sentence shall read:] If entry is refused. or no person having charge or control over the building or premises can be located. the building official shall obtain a warrant from the City of Aspen Municipal Court authorizing the building official to make entry onto the building or premises. (e) Section R104.8 "Liability" is hereby amended to read as follows: The Building Official, or his authorized representative charged with the enforcement of this code, acting in good faith and without malice in the discharge of his duties, shall not thereby render himself personally liable for any damage that may accrue to persons or property as a result of any act or omission in the discharge of his duties. This code shall not be construed to relieve or lessen the responsibility of any person owning, operating or controlling any building or structure for any damage to persons or property caused by defects on or in such premises, nor shall the code enforcemen~ agency, any employee thereof, or City of Aspen be held as assmuing any such responsibility or liability by reason of the adoption of this code or by the exercise of inspections authorized and carried out hereunder, or by the issuance of any permits or certificates issued pursuant to this code. (f) Section R105.3.2 "Time limitation of application" is hereby amended to read as follows: An application for any proposed work shall be deemed to have been abandoned six (6) months after the date of filing, unless such application has been pursued in good faith or a permit has been issued. The building official is authorized to grant on extension not exceeding six (6) months. The extension shall be requested in writing and justifiable cause demonstrated. 7 (g) Section R105.5 "Expirationr is hereby amended and to read as follows: Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 12 months after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is not authorized to grant an extension. (h) Section R106.3.3 "Phased Approval" is hereby amended to read as follows: The building official is authorized to issue a permit for the construction of the foundati6n of a building only after the documents for the whole building or structure have been submitted and approved by the appropriate referral agencies. The holder of a foundation permit shall proceed at the holder's own risk without assurance that a permit for the entire structure wilI be granted. (i) Section R108.1 "Payment of fees" is hereby amended and to read as follows: A permit shall not be valid until the fees prescribed by Section 2.12.100 of the Municipal Code of the City of Aspen are paid in full. (j) Section R109.3.1 "Other Inspections" is hereby amended and to read as follows: [The section shall remain as is except that the last sentence shall read:] Other inspections shall include but not be limited to line-grade verification and snow melt insulation and controls. (k) Section R109.3.10 "Final Inspection" is hereby amended to read as follows: The final inspection shall be made after all work required by the building permit is completed and all applicable referral agencies have accepted the work to comply with conditions of approval and any specific regulations. (1) Add Section R109.5 Reinspections. A reinspection fee may be assessed when an inspection is called for and the work is not complete, required corrections are not made, field copy of approved plans is not readily available to the inspector, work is not accessible or for deviating form approved plans. (m) Section 110.4 "Temporary Occupancy" is hereby deleted and replaced to read as follows: Section Rl10.4 Conditional occupancy. The building official is authorized to issue a conditional certificate of occupancy before the completion of the entire work covered by the permit or conditions of approval, provided that portions of the building shall be occupied safely. The conditional certificate of occupancy shall clearly state the portions 8 of the building that may be occupied, the conditions that must be met and a time period during which the conditional certificate of occupancy is valid. (n) Section R112.1 "Board of Appeals, General" is hereby amended to read as follows: [The section shall remain as is except that the last sentence shall read:] The Building Code Board of Appeals shall possess that authority as provided in the Municipal Code of the City of Aspen 8.08. (o) R202 Definitions. Habitable Space is hereby amended. The definition shall remain as written, with this sentence appended to the end: Unfinished basements are considered habitable space. (p) Table R301.2(1) shall read as follows: Ground snow load Wind speed Seismic design category Weathering Frost line depth Termite Decay Winter design temp Ice shield underlayment required Flood hazards Air freezing index Mean annual temperature 90/B C Severe 36" None to slight None to slight -16 Yes 2000 40 (q) Section 303.6 Stairway illumination is hereby amended to define "exterior stairs", as applies to this section, as those stairs outside the perimeter walls of the building which serve any exit from the building or serve as access to the public right of way. Exterior stairs used for landscape purposes are not subject to the requirements of this section except as required above. (r) Add Section R324 Automatic fire sprinkler systems to read as follows: Automatic fire sprinkler systems are required in all structures 5,000 square feet or greater as defined by fire area ( IBC section 702.1) and in structures two stories or more in height and containing four (4) or more dwelling units. Fire separations shall not constitute separate buildings for this purpose. (s) Add Section R903.5.1 Snow shed design. - Roofs shall be designed so that they do not shed ice and snow onto potentially occupied areas such as a walkway, stairway, alley, deck, pedestrian and vehicular exits from buildings or areas ~vhere there is potential for' 9 personal injury or property damage and areas directly above or in front of gas utility or electric utility meters. Exception: Mechanical barriers installed to roof framing members or solid blocking secured to framing in accordance to manufacturers instructions. (t) Section R905.2.7.1 "Ice protection" is hereby amended and to read as follows: An ice dam barrier that consists of at least two layers of underlayment cemented together or of a self-adhering polymer modified bitumen sheet shall be used in lieu of normal underlayment and shall extend from the roof eave edge at least six feet inside the exterior wall line as measured along the roof surface, twenty-four inches from the centerline of the valley and up twenty-four inches on the vertical wall at a roof and wall juncture. (u) Add Section RI003.1.1 Fireplaces allowed. The number of fireplaces allowed shall be determined by the Municipal Code of the City of Aspen Section 13.08.070. (v) Delete Chapter 11 in its entirety and replace to read as follows: Chapter 11 Energy Effeciency The provisions of the most current version of the "City of Aspen Energy Conservation Code" shall apply to all matters governing the design and construction of buildings for energy efficiency: (w) Section G2425.8 item #7 is hereby amended and to read as follows: Unvented room heaters are not allowed. (x) Section G2445 Unvented room heaters is hereby amended and to read as follows: [delete entire section and replace with the following} G2445.1 General Unvented room heaters are not allowed. (y) Section P3103.1 Roof extension. Shall read as follows: All open vent pipes which extend through a roof shall be terminated at least 12 inches above the roof or 6 inches above the anticipated snow accumulation, except where a roof is to be used for any purpose other than weather protection, the vent extensions shall be run at least 7 feet above the roof. Section 3. That Section 8.12.060 of the Municipal Code of the City of Aspen, Colorado establishing fees for the Building Code Board of Appeals is amended to read as follows: (a) General Contractor (Unlimited). This classification qualifies the holder to contract for the construction, alteration, or repair of any structure of any type of construction and occupancy group as permitted by the International Building Code. 10 (b) General Contractor (Commercial). This classification qualifies the holder to contract for the construction of any structure of any type of construction and occupancy group as permitted by the International Building Code, with the exception of Type I and Type II buildings. Also this classification qualifies the holder for the alteration or repair of any structure of any type of construction and occupancy group permitted by the International Building Code. (c) General Contractor (Light Commercial). This classification qualifies the holder to contract for the construction, alteration, or repair of Groups A-2, A~3, B, E, M, R, S- 1, S-2 and U Occupancies with the exception of Type I and Type II buildings as permitted by the International Building Code. (d/ Genera] Contractor [Home Builder~. This classification qualifies the holder for the construction, alteration, or repair of buildings regulated by the International Residential Code. (el Specialty. This classification qualifies the holder to contract for work involving specialty trades regulated by the International Codes. including the following: (1 ~ Alteration and maintenance: (2) Drywall: (3) Fire alarm svstem installation: (4) Fire sprinkler system installation; (5) Historic specialty contractor (6) Insulation: (7) Mechanical contractor: (8) Roofing; (9) Solid fuel and gas appliance; (10) Temporary contractor. (fl For the purposes of this section a contractor or sub-contractor hired specifically for one job may be issued a temporary contractors license. It shall only be valid for six months. The applicant for a temporary contractors license shall only be required to complete an application, no testing shall be required. Only one temporary comractors license can be applied for within one year. (Ord. No. 55 § 1 (part)) Section 8.12.110 of the Municipal Code of the City of Aspen. Colorado establishing fees for the contractor's licenses is amended to read as follows: "Holders of contractor's licenses shall be required to pay a fee as established by the Municipal Code of the City of Aspen 2.12.100". Section 8.12.280 of the Municipal Code of the City of Aspen. Colorado establishing an application fee for testing and processing is amended to read as follows: "Applicants for contractor's licenses testing shall be required to pay a fee as established by the Municipal Code of the City of Aspen fee2.12.100". 11 Section 8.12.370 of the Municipal Code of the City of Aspen, Colorado establishing fees for the contractor's licenses is amended to read as follows: "Holders of contractor's licenses shall be required to pay a fee as established by the Municipal Code of the City of Aspen 2.12.100". Section 4. That Section 8.24 of the Municipal Code of the City of Aspen, Colorado adopting the National Electrical Code, most current edition and Uniform Administrative Code Provisions for the National Electrical Code, most current edition be is hereby repealed and reenacted to read as follows: Section 8.24.010 Adoption of the National Electrical Code, most current edition, and the International Code Council Electrical Code Administration Provisions, most current edition. Pursuant to the power and authority conferred by the law of the State of Colorado and the Charter of the City of Aspen, Colorado, it is hereby adopted herein by reference as if fully set forth those regulations contained in the National Electrical Code, most current edition, published by the National Fire Protection Association, Batterymarch Park, Quincy, Massachusetts, 02269, and the International Code Council Electrical Code Administration Provisions, most current edition, published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, Illinois, 60478-5795, except as otherwise provided by amendment or deletion as contained in Section 8.24.020 of this chapter. At least one (1) copy of the National Electrical Code and the International Code Council Electrical Code Administration Provisions, most current edition, adopted by the State of Colorado, shall be kept on file in the office of the Clerk of the City of Aspen, Colorado, and shall be made available for inspection during regular business hours. (Code 1962, § 4-2-1; Ord. No. 46-1968; Ord. No. 55-1974, § 1; Ord. No. 2-1978, § 1; Ord. No. 21-1991, § 1; Ord. No. 42-1993, § 1; Ord. No. 53-1994, § 26; Ord. No. 4-1996, § 1: Code 1971, § 7-156) Section 8.24.020 Amendments (a) Section 101.1 Insert: City of Aspen for [NAME OF JURISDICTION] (b) Section 301 DEPARTMENT OF ELECTRICAL INSPECTION is hereby amended and to read as follows: SECTION 301 ELECTRICAL INSPECTOR FOR THE DIVISION OF BUILDING SAFETY Section 301.i Creation of electrical inspector. The Electrical Inspector for the Division of Building Safety is hereby created and the official in charge thereof shall 12 be known as the building official. The fm~ction of the electrical inspector is to assist the building official in the administration and enforcement of the provisions of this code. Section 301.2 Appointment. The building official of the jurisdiction shall appoint the electrical inspector. (c) Section 401.3 "Work exempt from permit" is hereby amended by deleting item 5: [delete] 5. Electrical wiring, devices appliances, apparatus or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy. (d) Section 404.2 "Schedule of permit fees" is hereby amended and to read as follows: A permit shall not be valid until the fees prescribed by Section 2.12.100 of the Municipal Code of the City of Aspen are paid in full. (e) Chapter 11 is deleted in its entirety and shall read as follows: Section 1101. Appeals shall be in accordance with Section 8.08 of the Municipal Code of the City of Aspen. The following general amendments are made to the provisions of the National Electrical Code, most current edition, herein adopted by reference: (a) All 125 volt, single phase, 15 and 20 ampere receptacles to serve counter top spaces installed within six (6) feet of a sink, shall have ground-fault circuit interrupter protection for personnel. (b) Ail storage areas and similar rooms in Residential Occupancies shall have surface mounted lighting fixtures with a maximum lighting capability of 1 watt per square foot amd 1 duplex outlet per 100 square feet of floor area or fraction thereof. (c) Article 210-52(d).Bathrooms. In dwelling units, at least one wall receptacle outlet shall be installed in bathrooms within 36 in. (914mm) of the outside edge of each basin., The receptacle outlet shall be located on a wall that is adjacent to the basin and within 12 in of the top of the basin. See Section 210-8(a)(1). (d) Receptacle outlets shall not be installed in a face up position in the work surfaces or countertops in a bathroom basin location. (Ord. Nol 55-1999 § 3 (part)) Section 5. That Section 8.28 of the Municipal Code of the City of Aspen, Colorado adopting the 2003 edition of the International Fuel Gas Code by and is hereby enacted to read as follows: 13 Section 8.16.010 Adoption of the 2003 Edition of the International Fuel Gas Code. Pursuant to the powers and authority conferred by the laws of the State of Colorado and the Charter of the City of Aspen, Colorado, there is hereby adopted and incorporated herein by reference as if fully set forth those regulations contained in the International Fuel Gas Code, 2003 Edition, as published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, Illinois, 60478- 5795, except as otherwise provided by amendment or deletion as contained in Section 8.16.020 of this chapter. At least one (1) copy of the International Fuel Gas Code shall be available for inspection during regular business hours. (Ord. No. 55- 1999 § 2 (part)) Section 8.16.020 Amendments The International Fuel Gas Code, 2003 Edition, as adopted by'the City of Aspen at section 8.20.010 is hereby amended to read as follows: (a) Section 101.1(IFGC) Insert: City of Aspen for [NAME OF JURISDICTION] (b) SECTION 103(IFGC) DEPARTMENT OF iNSPECTION is hereby amended and to read as follows: SECTION 103 DIVISION OF BUILDING SAFETY Section 103.1 The Division of Building Safety is hereby created and the official in charge thereof shall be known as the bui!ding official. (c) Section 106.5.2 "Fee schedule" is hereby amended and to read as follows: A permit shall not be valid until the fees prescribed by Section 2.12.100 of the Municipal Code of the City of Aspen are paid in full. (d) Section 106.5.3 Fee refunds. Insert: 80% for [SPECIFY PERCENTAGE] (e) Section 109 (IFGC) Means of Appeal is deleted in its entirety and shall read as follows: Section 109.1 Appeals shall be in accordance with SectiOn 8.08 of the Municipal Code of the City of Aspen. Section 6. That Section 8.32 of the Municipal Code of the City of Aspen, Colorado adopting the 1997 edition of the Uniform Housing Code by and is hereby repealed and shall read as follows: 14 Section 8.32.010 Adoption of the International Existing Building Code, 2003 Edition. Pursuant to the powers and authority conferred by the laws of the State of Colorado and the Charter of the City of Aspen. Colorado, there is hereby adopted and incorporated herein by reference as if fully set forth those regulations contained in the International Existing Building Code. 2003 Edition. as published by the International Code Council. 4051 West Flossmoor Road. Country Club Hills. Illinois, 60478-5795. except as otherwise provided by amendment or deletion as contained in Section 8.16.020 of this chapter. At least one (D copy of the International Existing Building Code shall be available for inspection during regular business hours fOrd. No. 55-1999 § 2 (part)~ Section 8.32.020, Amendments. The International Existing Building Code, 2003 Edition as adopted by the City of Aspen at section 8.32.010. is hereby amended to provide and read as follows: fa) Section 10 I. 1 Insert: City of Aspen for [NAME OF JURISDICTION] (b) SECTION 103 DEPARTMENT OF BUILDiNG SAFETY is hereby amended and to read as follows: SECTION 103 DIVISION OF BUILDiNG SAFETY Section 103.1 The Division of Building Safety is hereby created and the official in charge thereof shall be known as the building official (c) Section 104.6 "Right of Entry" is hereby amended and to read as follows: [The section shall remain as is except that the last sentence shall read:] If entry is refused, or no person having charge or control over the building or premises can be located. the building official shall obtain a warrant from the City of Aspen Municipal Court authorizing the building official to make entry onto the building or premises. (d) Section I04.8 "Liability" is hereby amended and to read as follows: The Building Official, or his authorized representative charged with the enforcement of this code, acting in good faith and without malice in the discharge of his duties, shall not thereby render himself personally liable for any damage that may accrue to persons or property as a result of any act or omission in the discharge of his duties. This code shall not be construed to relieve or lessen the responsibility of any person owning, operating or controlling any building or structure for any damage to persons 15 or property caused by defects on or in such premises, nor shall the code enforcement agency, any employee thereof, or City of Aspen be held as assuming any such responsibility or liability by reason of the adoption of this code or by the exercise of inspections authorized and carried out hereunder, or by the issuance of any permits or certificates issued pursuant to this code. ~e~ Section 105.3.2 "Time limitation of application" is hereby amended and to read as follows: An application for any proposed work shall be deemed to have been abandoned six (6~ months after the date of filing, unless such application has been pursed in good faith or a permit has been issued. The building official is authorized to grant on extension not exceeding six (63 months. The extension shall be requested in writing and justifiable cause demonstrated. (f~ Section 105.5 "Expiration" is hereby amended and to read as follows: Every permit issued by the building official under the provisions of this code shall expire twelve (12~ months after the date of issue. Section 106.3.3 ~'Phased Approval" is hereby amended and to read as follows: The building official is authorized to issue a permit for the construction of the foundation of a building only after the documents for the whole building or structure have been submitted and approved by the appropriate referral agencies. The holder of a foundation permit shall proceed at the holder's own risk without assurance that a permit for the entire structure will be granted. (h~ Section 110.3 "Temporary Occupancy" is hereby deleted and replaced to read as follows: Section 110.3 Conditional occupancy. The building official is authorized to issue a conditional certificate of occupancy before the completion of the entire work covered by the permit or conditions of approval, provided that portions of the building shall be occupied safely. The conditional certificate of occupancy shall clearly state the portions of the building that may be occupied, the conditions that must be met and a time period during which the conditional certificate of occupancy is valid (i) Section 1 i2.1 "Board o£Appeals. General" is hereby amended and to read as follows: IThe section shall remain as is except that the last sentence shall read:] The Building Code Board of Appeals shall posses that authority as provided in the Municipal Code of the City of Aspen 8.08. Section 7. 16 That Section 8.36 of the MUnicipal Code of the City of Aspen, Colorado adopting the 1997 edition of the International Plumbing Code is hereby repealed and reenacted to read as follows: 8.36.010 Adoption of the International Plumbing Code, 2003 Edition. Pursuant to the powers and authority conferred by the laws of the State of Colorado and the Charter of the City of Aspen, Colorado, there is hereby adopted and incorporated herein by reference as if fully set forth those regulations contained in the International Plumbing Code, 2003 Edition, including Appendix C, E and F as published by the International code Council, 4051 West Flossmoor Road, Country Club Hills, Illinois, 60478-5795, except as otherwise provided by amendment or deletion as contained in Section 8.16.020 of this chapter. At least one (1) copy of the International Plumbing Code shall be available for inspection during regular business hours. (Ord. No; 55-1999 § 2 (part)) Section 8.16.020, Amendments. The International Plumbing Code, 2003 Edition as adopted by the City of Aspen at section 8.16.010, is hereby amended to provide and read as follows: (a) Section 101.1 Insert: City of Aspen for [NAME OF JURISDICTION] (b) SECTION 103 DEPARTMENT OF PLUMBiNG iNSPECTION is hereby amended and to read as follows: SECTION 103 DIVISION OF BUILDING SAFETY Section 103.1 The Division of Building Safety is hereby created and the official in charge thereof shall be known as the building official. (c) Section 104.8 "Liability" is hereby amended and to read as follows: The Building Official, or his authorized representative charged with the enforcement of this code, acting in good faith and without malice in the discharge of his duties, shall not thereby render himself personally liable for any damage that may accrue to persons or property as a result of any act or omission in the discharge of his duties. This code shall not be construed to relieve or lessen the responsibility of any person owning, operating or controlling any building or structure for any damage to persons or property caused by defects on or in such premises, nor shall the code enforcement agency, any employee thereof, or City of Aspen be held as assuming any such responsibility or liability by reason of the adoption of this code or by the exercise of inspectio,ns authorized and carried out hereunder, or by the issuance of any permits or certificates issued pursuant to this code. 17 (d) Section 104.5 "Right of Entry" is hereby amended and to read as follows: [The section shall remain as is except that the last sentence shall mad:] If entry is refused, or no person having charge or control over the building or premises can be located, the building official shall obtain a warrant from the City of Aspen Municipal Court authorizing the building official to make entry onto the building or premises. (e) Section 106.5.3 "Expiration" is hereby amended and to read as follows: Every permit issued by the building official m~der the provisions of this code shall expire twelve (12) months after the date of issue. (f) Section 106.5.4 "Extension" is hereby amended and to read as follows: No extensions will be granted. (g) Section 106.6.2 '~Fee schedule" is hereby amended and to read as follows: A permit shall not be valid until the fees proscribed by Section 2.12.100 of the Municipal Code of the City of Aspen are paid in full. (h) Section 106.5.3 Fee refunds. Insert: 80% for [SPECIFY PERCENTAGE] (i) Section 109 Means of Appeal is deleted in its entirety and shall read as follows: Section 109.1 Appeals shall be in accordance with Section 8.08 of the Municipal Code Of the City of Aspen. (j) Section 305.6.1 Sewer Depth. Insert 48 for [NUMBER] (k) Table 702.3 Building Sewer Pipe is amended ro delete "Vitrified clay pipe" as an allowed material. (1) Section 904.1 Roof Extension. Insert 12 for [NUMBER] Section 8. That Section 8.44 of the Municipal Code of the City of Aspen, Colorado adopting the 1997 edition of the Uniform Mechanical Code, be and is hereby repealed and reenacted to read as follows: 18 Section 8.44:010 Adoption of the 2003 Edition of the International Mechanical Code. Pursuant to the powers and authority conferred by the laws of the State of Colorado and the Charter of the City of Aspen, Colorado, there is hereby adopted and incorporated herein by reference as if frilly set forth those regulations contained in the International Mechanical Code, 2003 Edition, as published by the International Code Council, 4051 West Flossmoor Road, Core, try Club Hills, Illinois, 60478- 5795, except as otherwise provided by amendment or deletion as contained in Section 8.44.020 of this chapter. At least one (1) copy of the IntemationaI Mechanical Code shall be available for inspection during regular business hours. (Ord. No. 55-I999 § 2 (part)) Section 8.44.020, Amendments. The International Mechanical Code, 2003 Edition as adopted by the City of Aspen at section 8.44.010, is hereby amended to provide and read as follows: (a) Section 101.1 Insert: City of Aspen for [NAME OF JURISDICTION] (b) SECTION 103 DEPARTMENT OF MECHANICAL iNSPECTION is hereby amended and to read as follows: SECTION 103 DIVISION OF BUILDiNG SAFETY Section 103.1 General. The Division of Building Safety is hereby created and the official in charge thereof shall be known as the building official. (c) Section 103.4 "Liability" is hereby amended and to read as follows: The Building Official. or his authorized representative charged with the enforcement of this code. acting in good faith and without malice in the discharge of his duties, shall not thereby render himself personally liable for any damage that may accrue to persons or property as a result of any act or omission in the discharge of his duties. ]'his code shall not be construed to relieve or lessen the responsibility of any person owning, operating or controlling any building or structure for any damage to persons or property caused by defects on or in such premises, nor shall the code enforcement agency, any employee thereof, or City of Aspen be held as assuming any such responsibility or liability by reason of the adoption of this code or by the exercise of ~nspections authorized and carried out hereunder, or by the issuance of any permits or certificates issued pursuant to this code. (d~ Section 104.5 "Right of Entry" is hereby amended and to read as follows: 19 [The section shall remain as is except that the last sentence shall read:] If entry is refused, or no person having charge or control over the building or premises can be located, the building official shall obtain a warrant from the City of Aspen Municipal Court authorizing the building official to make entry onto the building or premises. (e) Section 106.4.3 "Expiration" is hereby amended and to read as follows: Every permit issued by the building official under the provisions of this code shall expire twelve (12) months after the date of issue. (f) Section 106.4.4 "Extension" is hereby amended and ro read as follows: No extensions ~vill be granted. (g) Section 106.5.2 "Fee schedule" is hereby amended and to read as follows: A permit shall not be valid until the fees prescribed by Section 2.12.100 of the Municipal Code of the City of Aspen are paid in full. (h) Section 106.5.3 Fee reftmds. Insert: 80% for [SPECIFY PERCENTAGE] (i) Section 109 Means of Appeal is deleted in its entirety and shall read as follows: Section 109.1 Appeals shall be in accordance with Section 8.08 of the Municipal Code of · the City of Aspen. (j) Add Section 901.5. Fireplaces allowed. The number of fireplaces allowed shall be determined by the Municipal Code of the City of Aspen section 13.08.070 (k) Section 903.3 "Unvented gas log heaters" is amended to read as follows: Unvented gas log heaters are prohibited. 20 Section 9 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstituti6nal in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall noI affect the validity of the remaining portions thereo£ Section 10 This ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 11 A public hearing on the ordinance shall be held on the 8 th day of December. 2003 at 5:00 PM in the City Council Chamber, Aspen City hall. Aspen. Colorado. iNTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the 24th day of November 2003. ATTESTS' ~- ~ity Clerk - FINALLY adopted, passed and approved this ATTEST: __day of ~--~03. Kathryn S. ~/och¥ City Clerk 21