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HomeMy WebLinkAboutordinance.council.007-71RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. y (Series of 1971) AN ORDINANCE RELATING TO THE REGULATION OF ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, CONVERSION, DEMOLITION, OCCUPANCY, LOCATION AND MAINTENANCE OF ALL BUILDINGS OR STRUCTURES WITHIN THE CITY OF ASPEN, COLORADO; ADOPTING BY REFERENCE THERETO THE UNIFORM BUILDING CODE OF THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS, 1970 EDITION, VOLUME I, TO- GETHER WITH THE UNIFORM BUILDING CODE STANDARDS, 1970 EDITION, AND TOGETHER WITH THE APPENDIX; PROVIDING FOR AMENDMENTS THERE- TO; REPEALING ALL PRIOR PROVISIONS OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, 1962, AS AMENDED, CONCERNING THE BUILDING CODE HERETOFORE IN EFFECT, AND REPEALING CHAPTER 4 OF TITLE IV CON- CERNING CHIMNEYS, VENTS, FIREPLACES AND INCINERATORS, AND CHAPTER 5 OF TITLE IV CONCERNING THE ADOPTION OF THE GAS FITTING CODE, AND CHAPTER 6 OF TITLE IV CONCERNING THE ADOPTION OF WARM AIR HEATING AND AIR CONDITIONING CODE, AND CHAPTER 7 OF TITLE IV CONCERNING THE ADOPTION OF BOILERS AND PRESSURE VESSELS CODE, AND CHAPTER 10 OF TITLE IV CONCERNING THE ADOPTION OF BUILDING EXITS CODE; EXCEPT CHAPTER 3 OF TITLE II OF THE MUNICIPAL CODE OF THE CITY OF ASPEN PERTAINING TO BOARD OF APPEALS AND EXAMINERS; RE- PEALING ALL ORDINANCES, PARTS AND SECTIONS OF ORDINANCES OF THE CITY OF ASPEN, COLORADO IN CONFLICT OR INCONSISTENT HEREWITH; PROVIDING A PENALTY FOR THE VIOLATION OF PROVISIONS OF SAID BUILD- ING CODE; AND PROVIDING FOR A PUBLIC HEARING IN RELATION THERETO. WHEREAS, the Building Inspector for the City of Aspen, Colorado has made a thorough study of the 1970 Edition of the Uniform Building Code, Volume I, and WHEREAS, the Building Inspector for the City of Aspen, Colorado has made his recommendation to the City Council, and the City Council is of the opinion that the same should be acted upon; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: 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, 1970 Edition, Volume I, (including the Appendix, except Chapters 13,38,48 and 49 of said Appendix), and RECORD OF PROCEEDINGS 100 Leaves excepting Section 204 of such Code concerning the Board of Appeals, published by the International Conference of Building Officials, 50 South Los Robles, Pasadena, California, together with the Uniform Building Code Standards, 1970 Edition, of the International Conference of Building Officials, above address, all to have the same force and effect as though set forth herein in every particular, and the following ordinances being part of the Municipal Code of the City of Aspen, Colorado, 1962, as amended, concerning the Building Code heretofore in effect in the City of Aspen, Colorado are express- ly repealed: Ordinance TNo. 22 Ordinance No. 2 Ordinance No. 6 Ordinance No. 14 (Series of 1969) (Series of 1969) (Series of 1965) (Series of 1961) save and except and herein providing the adopted codes and compre- hensive provisions and standards regulating and controlling the design, construction, quality of materials, use and occupancy, repair, location and maintenance of building and structures for the purpose of protecting the public health, safety and general welfare. Section 2: The repeal of any ordinance or any portion thereof as provided in Section 1 of this Ordinance shall not effect or impair or be applicable to Chapter 3 of Title II of the Municipal Code of the City of Aspen, Colorado. Section 3: (1) Sections 1602 (a) and (b) of the Uniform Building Code, 1970 Edition, are hereby amended to read as follows: Sec. 1602 (a~ Genera]. Buildings or structures hereafter erected, constructed, moved within or into Fire Zone 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 con- struction already erected in Fire Zone No. I shall hereafter be altered, raised, enlarged, added to, or moved, except as follows: RECORD OF PROCEEDINGS 100 Leaves 1. Changes, 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. 2. Roofs of such buildings may be covered only with a fire-retardant roofing as specified in Section 3203. See Section 104 (f) for repairs. 3. Such building may be moved entirely outside the limits of Fire Zone No. 1. 4. Such building may be demolished Uniform Building Code, follows. (2) Section 1603 (a) and (b) of the 1970 Edition, is hereby amended to read as Sec. 1603 (a~ General. Buildings or structures here- after erected, constructed, moved within or into Fire Zone No. 2 shall be one of the types of construc- tion as defined in this Code and shall meet the require- ments of this Section. Except that any Type IV build- ing shall only be permitted for Section 1501, Group J, Division 1 occupancies. For fire-restive protection of exterior walls and openings, as determined by location on property, see Section 504 and Part V. Roof covering shall be fire-retardant roofing as specified in Section 3203 (e). See Section 104 (f) for repaires. Sec. 1603 (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 street may be made provided such changes do not, in the opinion of the Building Official, increase the fire hazard of such building. RECORD OF PROCEEDINGS 100 Leaves 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 of walls may be replaced by or covered with exterior plaster as specified in Chapter 47. (3) Section 1604 of the Uniform Building Code, 1970 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 1 occupancies. (4) Chapter 15 of the Uniform Building Code, 1970 Edition, adopted by reference hereto is hereby amended by adding thereto the following as Section 1507: Sec. 1507 Fences and Retaining Wall~. 1. No barbed wire or other sharp fence, and no electrically charged fence, shall be erected or maintained. 2. No 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. 3. Any dilapidated, unsightly, or dangerous fence, or obstruction in violation of Subsection 2 above, shall be removed when so ordered by the Building Inspector. (5) Building Code, 1970 Edition, is hereby amended to read as follows: ~.ec. 1705 (c~(2~. Wood veneer of not less than one (1) inch nominal thickness, or exterior type plywood or particle board not less than three eighths (3/8th) inch nominal thickness may be applied to one hundred (100) Section 1705 (c)(2) of the Uniform .2 RECORD OF PROCEEDINGS 100 Leaves percent of the wall area of the first floor amd thirty three and one-third (33 1/3) percent of the wall area for each story above the first floor, pro- vided such wood shall be placed either directly against fire resistive noncombustible surfaces or furred out from such surfaces not to exceed one and three-fourths (1 3/4) inches with all concealed spaces fire stopped as provided in Section 2517 (f). Uniform Building follows: Code, (6) Section 2003(a) 5 of the 1970 Edition, is hereby amended to read as Sec. 2003(a) 5. Wood columns, beams and arches con- forming to heavy timber sizes may be used externally where exterior walls are permitted to be of unpro- tected noncombustible construction or one-hour fire resistive noncombustible construction. Section 4: Any and all sections or parts of sections of the Municipal Code of the City of Aspen, Colorado, 1962, as amended, or ordinances or parts of ordinances of the City of Aspen in conflict or inconsistent herewith are hereby repealed, provided, however, that the repeal of any section or parts of sections of the Municipal Code of the City of Aspen, Colorado, 1962, as amended, or of any ordinance or part of ordinances of the City of Aspen shall not revive any other section of said Municipal Code, ordinance or ordinances heretofore repealed or superceded. Section 5: A public hearing on the adoption by reference thereto of the Uniform Building Code of the International Conference of Building Officials, 1970 Edition, Volume I, together with the Uniform Building Code Standards, 1970 Edition, together with the Appendix, and repealing all ordinances inconsistent there- with, and the same is hereby scheduled in the Council Chambers, City Hall, 130 South Galena, Aspen, Colorado at ~.'~O'clock P.M., on Monday, the /~_~ day of ~ , 1971, and that the City Clerk of the City of Aspen~e, and is hereby directed to publish notice of said public hearing in the manner and style and pursuant to the schedule for publication described in C.R.S. 193-34-3 (1963). Section 6: At least three (3) copies of the Uniform Building Code, 1970 Edition, Volume I, together with the RECORD OF PROCEEDINGS 100 Leaves Uniform Building Code Standards, 1970 Edition, and together with the Appendix, shall be on file at the office of the City Clerk of the City of Aspen, Colorado, at least 15 days preceding said hearing and may be inspected by any interested person between the hours of 8 o'clock A.M. and 5 o'clock P.M., Monday through Friday. After a public hearing thereon, a final reading and adoption by reference, the Building Code as finally adopted shall be available for sale to the public through the office of the City Clerk of the City of Aspen, Colorado. Section 7: VIOLATIONS AND PENALTIES. It shall be unlawful for any person, firm or corporation 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, contract to or in violation of any of the provisions of this Code. Any person, firm, or corporation vio- lating 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, con- tinued, or permitted, and upon conviction of any such violation such person shall be punishable by a fine of not more than $300.00, or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment. Section 8: If any part, section, subsection, sentence, clause or phrase of this ordinance or of the Building Code adopted hereby is for any reason held to be in,lid, such de- cision shall not effect the validity of the remaining portions of this ordinance or of said Building Code; the City Council hereby declares that it would have passed this ordinance and adopted said Building Code in each part, section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more RECORD OF PROCEEDINGS 100 Leaves parts, sections, subsections, semtences, clauses or phrases be de- clared imvalid. Dated this ~P day of ~~ , 1971. ATTEST: City Clerk / ~Mayor //~ "~ FINALLY ADOPTED, ' ATTEST: PASSED AND APPROVED this _/~Z~day of Mayor