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HomeMy WebLinkAboutordinance.council.009-74RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. ~ (Series of 1974) AN ORDINANCE ADOPTING BY REFERENCE THE UNIFORM BUILDING CODE, 1973 EDITION, TOGETHER WITH THE UNIFORM BUILDING CODE STANDARDS, 1973 EDITION; AMENDING CERTAIN SECTIONS OF SAID CODES; PROVIDING PENALTIES FOR THE VIOLATIONS OF SAID CODE; AND REPEALING SECTIONS OF THE MUNICIPAL CODE INCONSISTENT THEREWITH WHEREAS, the City Council desires to adopt, for the benefit of the City of Aspen, the 1973 edition of the Uniform Building Code, to repeal existing building code provisions, and implement recommended changes to the 1973 edition, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. Repeal of Existing Sections That sections 7-140, 7-141 and 7-142 of Chapter 7 of the Municipal Code of the City be repealed and reenacted as follows: Section 2. Adoption of the Uniform Building Code That section 7-140 of the Municipal Code of the City of Aspen, Colorado, is hereby repealed and reenacted to read as follows: "Section 7-140 Uniform Building Code Adopted Pursuant to the power and authority conferred by the laws of the State of Colorado and the Charter of the City of Aspen, Colorado, it is hereby adopted as the building code of the City of Aspen, Colorado, by reference thereto, the Uniform Building Code, 1973 edition (including the RECORD OF PROCEEDINGS 100 Leaves appendix, excepting Chapters 13, 15, 38, 48 and 49 thereof) but excepting Section 204 of such code concerning the Board of Appeals, published by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California, together with the Uniform Building Code Standards, 1973 edition, of the International Conference of Building Officials, at the same address, all to have the same force and effect as though set forth herein in every particular." Section 3. Adoption of Amendments Thereto That section 7-141 of the Municipal Code of the City of Aspen, Colorado, is hereby repealed and reenacted to read as follows: "Section 7.141 Amendments (a) The Uniform Building Code, 1973 edition, is hereby amended by adding number eight to Section 301(b): 'Sec. 301(b) Application 8. Be accompanied by a recent certified survey, plat and legal description of the proposed building site or property prepared by a registered land surveyor licensed to practice in the State of Colorado at time of application for a building permit. The surveyor making the plat shall certify on the plat that it is correct and that the perimeter monuments described in it have been placed as described, after which he shall affix his name and seal. Permanent reference monuments shall be set -2- RECORD OF PROCEEDINGS 100 Leaves and marked. Permanent reference monuments under normal geographic and topographic conditions shall be 3/4" nominal iron pipe (1.05 inches O.D.) or #5 steel rebar 24 inches long with a metal or plastic cap at least 1 3/8 inches in diameter set that no more than 4 inches protrudes from the ground and should on property corners, (b) The location and dimensions of any easements or rights-of-way of record or in evidence on said property. (c) The location of any existing improve- ments on said property or on rights- of-way or easements. The above requirements shall not be mandatory for a building permit application to recon- struct or remodel totally within the limits of an existing building or structure. mounded with stones. Said plat indicate the following: (a) Type of monuments set For improvements to be located on large tracts of land (5 acres or over) the provisions of Sec. 301(b) 8. shall not apply; but, evidence satisfactory to the Building Official must be submitted which shows the improvement on the property to be in compliance with appropriate laws.' -3- RECORD OF PROCEEDINGS 100 Leaves (b) (c) (a) Tables 5-C, 5-D & 17-A of the Uniform Building Code 1973 edition are hereby amended by changing the title of the eighth column entitled "l-hour" to read "l-Hr., or H.T." Section 1501 of the Uniform Building Code 1973 edition is hereby amended by deleting the words "over 6 feet high" in Division 2 occupancies and to read as follows: 'Sec. 1501 Division 2. Fences, tanks, and towers. Outside the city limits of Aspen a building permit is not required for a fence under six (6) feet high.' Chapter 15 of the Uniform Building Code 1973 edition is hereby amended by adding thereto the following as Section 1507: 'Sec. 1507 Fences and Retaining Walls. 1. No barbed wire or sharp fence, and no electrically charged fence, shall be erected or maintained within the city limits of Aspen. 2. On Corner lots, no fence, retaining wall, shrub, tree or similar obstruction shall be erected or maintained which obstructs the traffic vision, nor on corner lots shall any fence, retaining wall, shrub, tree or similar obstruction be erected or maintained which exceeds a height of 42 inches, measured from street grade, within 30 feet from the lot corner. Any dilapidated, unsightly, or dangerous obstruction in violation of subsection 2 fence or above, -4- RECORD OF PROCEEDINGS 100 Leaves shall be removed when so ordered by the Building Official.' Sections 1602 (a) and (b) of the Uniform Building Code, 1973 edition, are hereby amended to read as follows: 'Sec. 1602 (a) General. Buildings or structures erected, constructed, moved within or into Fire No. 1 shall be only of Type I, II, III-H.T., or III-one- hour construction, and shall meet the requirements of this Section. Except fences less than six feet (6') in height may be of Type V Construction. (b) Alterations. No building of Type IV construction nor any building of Type V construction already erected in Fire Zone No. 1 shall hereafter be hereafter Zone altered, raised, enlarged, as follows: 1. Changes, added to, or moved, except alterations, and repairs to the interior of such building or to the front thereof facing a public street may be made, provided such changes do not, in the opinion of the Building Official, increase the fire hazard of such building. Roofs of such buildings may be covered only with a fire-retardant roofing as specified in Section 3203. See Section 104 (f) for repairs. Such building may be moved entirely -5- RECORD OF PROCEEDINGS 100 Leaves <f> outside the limits of Fire Zone No. 1. 4. Such building may be demolished.' Section 1603 (a) and (b) of the Uniform Building Code, 1973 edition, is hereby amended to read as follows: 'Sec. 1603 (a) General. Building or structures hereafter erected, constructed, moved within or into Fire Zone No. 2 shall be one of the types of construction as defined in this Code and shall meet the requirements of this section. Except that any Type IV building shall only be permitted for Section 1501, Group J. Division 1 occupancies within the city limits of Aspen. For fire-resistive protection of exterior walls and openings, as determined by location on property, see Section 504 and Part V. Roof coverings shall be fire- retardant roofings as specified in Section 3203 (e). See Section 104(f) for repairs. (b) Alterations. No building of Type IV construction nor any building of Type V construction already erected in Fire Zone No. 2, shall hereafter be altered, raised, enlarged, added to or moved except as follows: 1. Such building may be made to conform to the provisions of Section 2203 for Type V construction. 2. Changes, alterations, and repairs to the interior of such building or to the front thereof facing a public -6- RECORD OF PROCEEDINGS 100 Leaves (g) (h) street may be permitted provided such changes do not in the opinion of the Building Official, increase the fire hazard of such building. 3. Roofs of such building may be covered only with a fire-retardant roofing as specified in Section 3203. See Section 104(f) for repairs. 4. Such building may be moved entirely outside the limits of Fire Zone No. 2. 5. Such building may be demolished. 6. Combustible finish on the outside walls may be replaced by or covered with exterior plaster as specified in Chapter 47.' Section 1604 of the Uniform Building Code, 1973 edition, is hereby amended to read as follows: 'Sec. 1604. Any building or structure complying with the requirements of this Code may be erected, constructed, moved within or into Fire Zone No. 3, except that any Type IV building shall only be permitted for Section 1501, Group J, Division limits of Aspen.' Section 1705 (d) (2) of 1 occupancies within the city the Uniform Building Code, 1973 edition, is hereby amended to read as follows: 'Sec. 1705 (d) (2). Wood veneer of boards not less than 1-inch nominal thickness or exterior type panels not -7- RECORD OF PROCEEDINGS 100 Leaves <i) (J) (k) less than 3/8 inch nominal thickness may be applied to one hundred (100) percent of the wall area of the first story and thirty-three and one-third (33 1/3) percent of the wall area for each story above the first story provided such veneer shall be placed either directly against fire-resistive noncombustible surfaces or furred out from such surface not to exceed 1 3/4" (inches) with all concealed spaces fire stopped as provided in Sec. 2517 (f).' Section 1716 of the Uniform Building Code, 1973 edition, is hereby amended by adding a second exception to the exceptions to read as follows: 'Exceptions: (1) Guardrails need not be provided on the loading side of loading docks. (2) Guardrails may be 36 inches in height in Group I Occupancies and within individual apartments of Group H Occupancies including Group H private balconies and porches.' Section 2003 (a) 5 of the Uniform Building Code, 1973 edition, is hereby amended to read as follows: 'Sec. 2003 (a) 5. Wood Columns, beams and arches conform- ing to heavy timber sizes may be used externally where exterior walls are permitted to be unprotected noncom- bustible bustible Section 2201 of the Uniform Building Code, is hereby amended to read as follows: construction or one-hour fire-resistive noncom- construction.' 1973 edition, -8- RECORD OF PROCEEDINGS 100 Leaves (1) 'Sec. 2201. Type V buildings may be of any materials allowed by this Code. Type V, one-hour buildings shall be of one-hour fire-resistive construction throughout. Type V, Heavy Timber Construction shall conform to Sec. 2006 except that permanent partitions (non- bearing exterior walls) and members of the structural frame may be of other materials, provided they have a fire-resistance of not less than one hour. Materials of Construction and fire-resistive require- ments shall be as specified in Chapter 17. For requirements due to occupancy, see Chapters 6 to 15, inclusive. For requirements in Fire Zones, see Chapter 16.' Table 43-C of the Uniform Building Code, 1973 edition, is hereby amended by adding to read as follows: 14 subsection (c) to footnote '(c) Topping of Grade A or B concrete not less than 1~" thickness may be substituted for the finish flooring required in subsectic~s (a) and (b) above.'" Section 4. Adoption of Penalties That Section 7-142 of the Municipal Code of the City of Aspen, Colorado, is hereby repealed and reenacted to read as follows: "Section 7-142 Violations and Penalties (a) It shall be unlawful for any person, firm or corpora- tion to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the city or cause the same to be done, -9- RECORD OF PROCEEDINGS 100 Leaves contrary to or in violation of any of the provisions of this code. (b) Any person, firm, or corporation violating any of the provisions of the code shall be deemed guilty of a misdemeanor, and each person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed, continued, or permitted, and upon conviction of any such violation such person shall be punishable by a fine of not more than three hundred dollars ($300.00), or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment." Section 5. Description of Code That the Uniform Building Code, 1973 edition, and the Uniform Building Code Standards, 1973 edition, hereinabove adopted by reference, are designed to encourage development of better building construction and public safety. Said code establishes administrative procedures for issuance of building permits; describes building requirements based on the type of occupancy, location of fire zones and types of construction; prescribes engineering regulations and standards for fire protection; provides for types of wall and ceiling coverings and construction of special structures. Section 6. Availability of Copies for Public Inspection That three copies of the primary code and secondary code being considered for adoption by this ordinance, all certified to be true copies by the Mayor and City Clerk, shall be on file with the City Clerk and shall be open for public inspection in her office at the -10- RECORD OF PROCEEDINGS 100 Leaves Aspen City Hall, Aspen, Colorado, any weekday between the hours of 9 A.M. and 5 P.M., at least fifteen days preceeding the public hearing on this ordinance. Section 7. Certification on Adoption That on passage of this ordinance, and adoption of these codes by reference, one of the copies of the primary code and of each secondary code may be kept in the office of the chief enforcement officer instead of in the office of the City Clerk. Following the adoption of any of these codes, the City Clerk shall at all times maintain a reasonable supply of copies of the primary code and of any secondary codes incorporated in it by reference available for purchase by the public. Section 8. Repeal of Inconsistent Ordinances That existing ordinances or parts of ordinances covering the same matters as embraced in this ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed, except that this repeal shall not prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this ordinance. Section 9. Partial Invalidity If any provision of this ordinance or the application thereof to any person or circumstance shall be found to be invalid, such invalidity shall not affect any remaining portion or application which can be given effect and to this end this ordinance is declared to be severable. -11- RECORD OF PROCEEDINGS 100 Leaves Section 10. Publication and Hearing A public hearing on this ordinance shall be held on the ~ day of ~~ , 1974, at 5 P.M., in the City Council Chambers, As(en City Hall, Aspen, Colorado. Pursuant to the provisions of Chapter 139 Article 34, C.R.S. 1963, notice of the hearing shall be published at least twice, once at least eight (8) days preceding the hearing and once at least fifteen (15) days preceding it. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen, Colorado, on the // day ATTEST: FINALLY ADOPTED, PASSED AND APPROVED this f day of , 1974. ATTE ST: STATE OF COLORADO) ) ss CERTIFICATE COUNTY OF PITKIN ) I, Lorraine Graves, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read by title, and passed on first reading at a regular meeting of the City Council of the City of Aspen on March 11 , 1974 , and published in the Aspen Times , a weekly newspaper of general circulation, published in the March 14, 1974 & City of Aspen, Colorado, in its issue of March 21, 1974 ~l~__, and was finally adopted and approved at a regular meeting of the City Council on April 8 published as Ordinance No. 9 said City, as provided by law. 197 4, and ordered , Series of 19~__, of IN WITNESS WHEREOF, I have hereunto set my hand and the 9th seal of said City of Aspen, Colorado, this day of April , 1974__. SEAL ~__-~L~orralne Graves, Czty Cler~