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City Government

 

9. Building Code

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08/12

CHAPTER 9
BUILDING CODE

11-9-1: ADOPTION OF BUILDING CODES
11-9-2: ADMINISTRATIVE PROVISIONS
11-9-3: PERMITS AND FEES
11-9-4: INSPECTIONS
11-9-5: INTERNATIONAL BUILDING CODE AMENDMENTS
11-9-6: INTERNATIONAL RESIDENTIAL CODE AMENDMENTS
11-9-7: NATIONAL ELECTRICAL CODE AMENDMENTS
11-9-8: INTERNATIONAL PLUMBING CODE AMENDMENTS
11-9-9: INTERNATIONAL MECHANICAL CODE AMENDMENTS
11-9-10: INTERNATIONAL FUEL-GAS CODE AMENDMENTS
11-9-11: INTERNATIONAL ENERGY CONSERVATION CODE AMENDMENTS
11-9-12: INTERNATIONAL EXISTING BUILDING CODE AMENDMENTS
11-9-13: MOBILE HOMES

11-9-1:  ADOPTION OF BUILDING CODES: (2965 3327 3541)

(A) Intent and Findings.  The intent of this Chapter is to adopt by reference and with modifications the International Building Code, 2009 Edition; the International Residential Code, 2009 Edition; the National Electrical Code, 2008 Edition; the International Plumbing Code, 2009 Edition; the International Mechanical Code, 2009 Edition; the International Fuel Gas Code, 2009 Edition; the International Energy Conservation Code, 2009 Edition; and the International Existing Building Code, 2009 Edition.

Hereinafter, all such Codes may be referred to as "Building Codes."  The City Council finds that the adoption of such Codes is essential in the preservation of the health, safety, and welfare of the citizens of Westminster. 

(B) Adoption of Building Codes.  The following documents, one copy each of which is on file in the Office of the City Clerk, being marked and designated as stated, are hereby referred to, adopted, and made a part hereof as if fully set forth in this codification with, however, the amendments indicated in the following sections of this Chapter.

     (1) International Building Code.  The "International Building Code, 2009 Edition," published by the International Code Council, Inc., and in particular Chapters 2 through 35 inclusive and Appendix Chapter I are hereby adopted as the Building Code of and for the City of Westminster.

     (2) International Residential Code.  The “International Residential Code, 2009 Edition," published by the International Code Council, Inc., and in particular Chapters 2 through 44 inclusive and Appendix Chapters A, G, H, and K inclusive are hereby adopted as the Residential Building Code of and for the City of Westminster.

     (3) National Electrical Code.  The "National Electrical Code," sponsored by the National Fire Protection Association, Quincy, Massachusetts, as adopted by the State of Colorado State Electrical Board and as may be amended from time to time, is hereby adopted as the Electrical Code of and for the City of Westminster.

     (4) International Plumbing Code.  The "International Plumbing Code, 2009 Edition," published by the International Code Council, Inc., in particular Chapters 2 through 13 inclusive and Appendix Chapters C, E, and G inclusive is hereby adopted as the Plumbing Code of and for the City of Westminster.

     (5) International Mechanical Code.  The "International Mechanical Code, 2009 Edition," published by the International Code Council, Inc., and in particular Chapters 2 through 15 inclusive is hereby adopted as the Mechanical Code of and for the City of Westminster.

     (6) International Fuel Gas Code.  The "International Fuel Gas Code, 2009 Edition," published by the International Code Council, Inc., and in particular Chapters 2 through 8 inclusive is hereby adopted as the Fuel Gas Code of and for the City of Westminster.

     (7) International Energy Conservation Code.  The "International Energy Conservation Code, 2009 Edition," published by the International Code Council, Inc., and in particular Chapters 2 through 6 inclusive, is hereby adopted as the Energy Code of and for the City of Westminster.

     (8) International Existing Building Code.  The “International Existing Building Code, 2009 Edition,” published by the International Code Council, Inc., and in particular Chapters 2 through 15 inclusive and the Appendix B, is hereby adopted as the Existing Building Code of and for the City of Westminster.

11-9-2:  ADMINISTRATIVE PROVISIONS:  (3327)

(A) Purpose and Scope.

        1. Purpose.  The purpose of the Building Codes is to provide minimum requirements to safeguard the public safety, health and general welfare through affordability, structural strength, means of egress facilities, stability, sanitation, light and ventilation, energy conservation and safety to life and property from fire and other hazards attributed to the built environment.

        2. The provisions of the Building Codes shall apply to the construction, installation, alteration, moving, enlargement, replacement, abatement, demolition, repair, use, occupancy, location or maintenance of any building or structure or part thereof; electrical system; plumbing system; heating, ventilating, cooling, and refrigeration system, incinerator or other miscellaneous heat-producing appliance; swimming pool, spa, or hot tub; elevator, escalator, or moving walk; or fire protection system; or the design and construction of buildings for effective use of energy within the City, except structures and equipment specifically exempted or not specifically regulated by this Chapter or the Building Codes.

        3. Whenever in the Building Codes reference is made to an appendix, the provisions of such appendix shall not apply unless specifically adopted.

        4. The codes and standards referenced in the Building Codes shall be considered part of the requirements of this Code to the prescribed extent of each such reference.  Where differences occur between provisions of the Building Codes and the referenced codes and standards, the provisions of the Building Codes shall apply.

(B) Applicability.

        1. Where, in any specific case, different sections of the Building Codes specify different materials, methods of construction, or other requirements, the most restrictive shall govern.  Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern.

        2. Other laws.  The provisions of the Building Codes shall not be deemed to nullify any provision of local, state or federal law.

        3. The Building Codes adopted by reference in this Chapter do not include "administrative" provisions.  Whenever an administrative provision is referred to in a Building Code, the respective provision in the Westminster Municipal Code shall apply.

        4. Partial invalidity.  In the event any part or provision of the Building Codes is held to be illegal or void, this shall not have the effect of making void or illegal ay of the other parts or provisions.

(C) Existing Structures.

        1. Existing structures.  The legal occupancy of any structure existing on the date of adoption of the Building Codes shall be permitted to continue without change, except as specifically covered in the Building Codes or as deemed necessary by the Building Official for the general safety and welfare of the occupants and the public.

a. Additions, alterations or repairs.  Additions, alterations or repairs to any structure shall conform to that required for a new structure without requiring the existing structure to comply with all of the requirements of this Code, unless otherwise stated.  Additions, alterations or repairs shall not cause an existing structure to become unsafe or adversely affect the performance of the building.

        2. Maintenance.  All equipment, systems, materials and appurtenances, both new and existing, and all parts thereof, shall be maintained in proper operating condition in accordance with the original design in a safe and sanitary condition.  All devices or safeguards required by the Building Codes shall be maintained in compliance with the code edition under which they were constructed or installed.

(D) Duties and Powers of Building Official.

        1. General.  The Building Official is authorized to enforce all the provisions of this Chapter and the Building Codes.  For such purposes, he and those persons to whom enforcement authority is delegated shall be deemed a peace officer.  The Building Official shall have the power to render interpretations of the Building Codes and to adopt policies and procedures, as he may deem necessary in order to clarify the application of the provisions of the Building Codes.  Such interpretations, policies and procedures shall be consistent with the intent and purpose of this Code.  Such policies and procedures shall not have the effect of waiving requirements specifically provided for in the Building Codes.  The Building Official may delegate certain duties for the administration and authority to enforce the Building Codes to qualified officers, inspectors, and other qualified employees authorized by the City Council.

        2. Right of Entry.  Whenever it is necessary to make an inspection to enforce the provisions of the Building Codes, or whenever the Building Official or his authorized representative has probable cause to believe that there exists in any building or upon any premises any condition or violation of the Building Codes which makes the building or premises unsafe, dangerous, or hazardous, the Building Official or authorized representative may enter the building or premises at all reasonable times to inspect or to perform the duties imposed upon the Building Official by this Code, provided that if such building is occupied, he shall first present his credentials to the occupant and request entry.  If such building or premises is unoccupied, he shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry.  If the owner or occupant cannot be located after a reasonable effort, a notice of intent to inspect shall be posted on the premises.  The notice shall state that the property owner has the right to refuse entry and that, in the event such entry is refused, inspection may be made upon issuance of a search warrant by the Municipal Judge of the City.

a. After entry is refused or 24 hours after the building has been posted, the Building Official may appear before the Municipal Judge and, upon showing of probable cause, shall obtain a search warrant entitling him to enter upon the premises.  Upon presentation of the search warrant and proper credentials, or possession of same in the case of unoccupied premises, the Building Official may enter upon the premises using such reasonable force as may be necessary to gain entry.

b. For purposes of this Subsection (D), "probable cause" exists where the facts and circumstances within the Building Official's knowledge are sufficient to warrant a person of reasonable caution in the belief that there exists a condition or violation of the Building Codes which makes the building or premises unsafe, dangerous, or hazardous to life or property.  The Building Official shall not be required to demonstrate specific knowledge of the conditions of the particular premises in issue to obtain a search warrant.

c. It is unlawful for any owner or occupant of the premises to resist reasonable force used by the Building Official acting pursuant to this Subsection (D).

        3. Stop Orders.  Whenever any work is being done in violation of the provisions of the Building Code or other ordinances implemented through the enforcement of this Code or in a dangerous or unsafe manner, the Building Official may order the work stopped by issuing a notice in writing and serving it upon any persons engaged in doing such work or causing such work to be done.  Upon receipt of the notice, such persons shall stop work until authorized by the Building Official to proceed with the work.  It is unlawful to continue any work after receipt of a notice to stop work except such work as directed to remove a violation or unsafe condition.  Each day that work is continued after receipt of a notice shall constitute a separate violation of this Code.

        4. Connection of service utilities.  No person shall make connections from an energy, fuel, or power supply to any building or system that is regulated by the Building Codes until approved by the Building Official.

        5. Authority to Disconnect Utilities in Emergencies.  In the case of an emergency, where it is necessary to eliminate an immediate hazard to life or property, or when a utility connection has been made without required approval, the Building Official or his authorized representative shall have the authority to cause the disconnection of fuel-gas utility service or energy supplies to a building, structure, premises, or equipment regulated by the Building Code.  The Building Official shall, whenever possible, notify the serving utility, the owner, and the occupant of the building, structure, or premises of the decision to disconnect prior to taking such action.

a. It is unlawful to make connections from any energy, fuel, or power supply which has been disconnected or to supply energy or fuel to any equipment regulated by the Building Codes which has been disconnected, ordered to be disconnected, or the use of which has been ordered to be disconnected by the Building Official.  Each day that such unlawful connection or supply continues shall be considered a separate violation of this Code.

        6. Alternate Materials and Methods of Construction.

a. General.   The provisions of the Building Codes are not intended to prevent the use of any material or method of construction not specifically prescribed by the Building Codes, provided any alternate material or method has been approved and its use authorized by the Building Official.  The Building Official may approve an alternate material or method, provided he finds that the proposed design is satisfactory and complies with the provisions of the Building Codes and that the material, method, or work offered, is, for the purpose intended, at least the equivalent of that prescribed in the Building Codes for suitability, strength, effectiveness, fire resistance, durability, safety, and sanitation.  The Building Official shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding the use of an alternate material or method.  Any decision approving or denying the use of an alternate material or method of construction shall be documented by the Building Official and shall include the reasons therefor.

b. Tests.  Whenever there is insufficient evidence of compliance with the provisions of the Building Codes regarding the use of an alternate material or method of construction, or evidence that a proposed material or method of construction does not conform to the requirements of the Building Codes, the Building Official may require that tests be made at the expense of the proponent of the questioned material or method of construction.

(1) Test methods shall be as specified by the Building Official or by other recognized test standards.  In the absence of recognized and accepted test methods of the proposed alternate material or method of construction, the Building Official shall determine which test procedures are appropriate.

(2) All tests shall be made by an approved agency.  Reports of such tests shall be retained by the Building Official.

        7. Modifications.  Whenever there are practical difficulties involved in complying with the provisions of the Building Codes, the Building Official shall have the authority to grant modifications for individual cases, provided he shall first find that a special individual reason makes the strict letter of the Building Codes impractical; that the modification is consistent with the intent and purpose of this Code; and that such modification not lessen health, life, fire safety, accessibility or structural requirements.  Any decision granting a modification shall be documented by the Building Official and shall include the reasons therefor.

(E) Unsafe Buildings, Structures and Equipment.

        1. Unsafe Buildings, Structures, and Equipment.  Any building, structure, or equipment regulated by the Building Codes which are structurally unsafe, unsanitary or not provided with adequate egress, or not provided with adequate light and ventilation or which constitutes a fire or health hazard or is otherwise dangerous to human life or the public welfare, or which involve illegal or improper occupancy is deemed unsafe. 

a. Any building or structure which has any of all of the conditions or defects herein described shall be deemed to be a unsafe building, provided that such condition or defects exist to the extent that life, health, property or safety of the public or its occupants are endangered. 

(1) Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic.

(2) Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic.

(3) Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one half times the working stress or stresses allowed in the Building Code for new buildings of similar structure, purpose or location.

(4) Whenever any portion thereof has been damaged by fire, earthquake, wind, flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the Building Code for new buildings of similar structure, purpose or location.

(5) Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property.

(6) Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one half of that specified in the Building Code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the Building Code for such buildings.

(7) Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction.

(8) Whenever the building or structure, or any portion thereof, because of (i) dilapidation, deterioration or decay; (ii) faulty construction; (iii) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building, (iv) the deterioration, decay or inadequacy of its foundation; or (v) any other cause, is likely to partially or completely collapse.

(9) Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used.

(10) Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of the base.

(11) Whenever the building or structure, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting member or members, or 50 percent damage or deterioration of its non-supporting members, enclosing or outside walls or coverings.

(12) Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become (i) an attractive nuisance to children; (ii) a harbor for vagrants, criminals or immoral persons; or as to (iii) enable persons to resort thereto for the purpose of committing unlawful or immoral acts.

(13) Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of this jurisdiction, as specified in the Building Code or Housing Code, or of any law or ordinance of this state or jurisdiction relating to the condition, location or structure of buildings.

(14) Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any non-supporting part, member or portion less than 50 percent, or in any supporting part, member or portion less than 66 percent of the (i) strength, (ii) fire-resisting qualities or characteristics, or (iii) weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location.

(15) Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the health officer to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.

(16) Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, the accumulation of trash, inadequate maintenance or other cause, is determined by the fire marshal to be a fire hazard.

(17) Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence.

(18) Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.

(19) A vacant structure that is not secured against entry shall be deemed unsafe.

b. In addition to the above unsafe conditions, any use of buildings, structures, or equipment constituting a hazard to safety, health, or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage, or abandonment is an unsafe use.  Parapet walls, cornices, spires, towers, tanks, statuary, and other appendages or structural members which are supported by, attached to, or part of a building and which are in deteriorated condition or otherwise unable to sustain the design loads which are specified in the Building Code are deemed unsafe building appendages. 

        2. Abatement of Unsafe Buildings.  All buildings or portions thereof which are determined after inspection by the Building Official to be unsafe as defined in this Section are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in section 11-9-2(E)3 of this Code. 

a. Any building declared an unsafe building shall be made to comply with one of the following:

(1) The building shall be repaired in accordance with the current building code or other current code applicable to the type of substandard conditions requiring repair.  If requested, the owner shall, at the owner's expense, provide to the Building Official a remedial plan for the corrective work and information necessary to determine whether the remedial work can be completed within the time stated in the order; or
(2) The building shall be demolished; or
(3) If the building does not constitute an immediate danger to the life, limb, property or safety of the public it may be vacated, secured and maintained against entry until such time as the building is demolished or repaired in accordance with the current building code or other current code applicable to the type of substandard conditions requiring repair.

b. If the building is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public and its occupants, it shall be ordered to be vacated and the Building Official may take all actions necessary to summarily abate the dangerous or unsafe condition pursuant to Section 8-4-5 of the Westminster Municipal Code.

        3. Notice and Orders.  When the Building Official has inspected or caused to be inspected any building and has found and determined that such building is unsafe, the Building Official shall commence proceedings to cause the repair, vacation or demolition of the building.

a. Notice and Order.  The Building Official shall issue a notice and order directed to the record owner of the building.  The notice and order shall contain:

(1) The street address and legal description of the property that the unsafe building is located.
(2) A statement that the Building Official has found the building to be unsafe with a brief and concise description of the conditions found to deem the building unsafe under the provisions of this Section.
(3) A statement of action required to be taken and the time period allowed for such action.
(4) Statements advising that if the required action is not commenced within the time specified, the Building Official will order the building vacated and posted to prevent further occupancy until the work is completed and may proceed to cause the work to be done and charged the costs thereof against the property or its owner.
(5) A statement advising that any person having any record title or legal interest in the building may appeal the notice and order or any action of the Building Official to the Board of Building Code Appeals, provide that the appeal is made in writing as provide in this Code within 30 days from the date of service of such notice and order and that failure to appeal will constitute a waiver of all rights to an administrative hearing and determination of the matter.

b. Service.  The notice and order, and any amended or supplemental notice and order, shall be served upon the record owner and posted on the building affected by such notice.  The Building Official may serve additional such notice and order on any parties that may have interest in the property.  The failure of the Building Official to serve any person required to be served shall not invalidate any proceedings herein or relieve any person from any duty or obligation imposed by the provisions of this Code.

c. Method of Service.  Service of the notice and order shall be deemed properly served if a copy thereof is delivered to the owner personally or sent by first-class mail to the owner of the subject property at the address shown in the county assessor records for the county in which the property is located.  Notice shall be deemed served on the date of receipt by the owner, if personally served, or upon the fifth day after mailing of the notice and order. 

d. Recordation of Notice and Order.  If compliance is not had with the notice and order within the specified time, and no appeal has been properly filed, the Building Official may file in the office of the county recorder a certificate describing the property and certifying that the building is unsafe and the owner has been so notified.

e. Notice to Vacate.  Every notice to vacate shall, in addition to being served as required in this Section, be posted at or upon each exit of the building.   No person shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish or remove such building under permit.  No person shall remove or deface any such posting until the required repairs, demolition or removal have been completed.

        4. Appeal and Procedure for Conduct of Hearing Appeals.  Appeals shall be made to the Board of Building Code Appeals.  Appeals and hearings shall be as set forth in Chapter 10 of Title II of the Westminster Municipal Code.

a. Effects of Failure to Appeal.  Failure of any person to file an appeal in accordance with the provisions of this Code shall constitute a waiver of the right to an administrative hearing and adjudication of the notice and order or any portion thereof.

b. Scope of Hearing on Appeal.  Only those matters or issues raised by the appellant shall be considered in the hearing of the appeal.

c. Staying of Orders of Appeal.  Except for vacation orders, enforcement of any notice and order of the building official issued under this Code shall be stayed during the pendency of an appeal therefrom which is properly and timely filed.

        5. Enforcement of Orders.  After any order of the Building Official or the Board of Building Code Appeals made pursuant to this Code shall have become final, no person to whom any such order is directed shall fail, neglect or refuse to obey any such order.  Any such person who fails to comply with such order is guilty of a misdemeanor.

a. Failure to Obey Order.  If, after any order of the Building Official or the Board of Building Code Appeals made pursuant to this Code has become final, the person to whom such order is directed shall fail, neglect or refuse to obey such order, the Building Official may (i) cause such person to be prosecuted per section Chapter 4 of Title VIII, or (ii) institute any appropriate action to abate such building as a public nuisance.

b. Failure to Commence Work.  Whenever the required repair or demolition is not commenced with in the specified time as required in the notice and order the Building Official may cause the building to be vacated.

c. Extension of Time.  Upon receipt of an application from the person required to conform to the order and by agreement of such person to comply with the order if allowed additional time, the Building Official may grant an extension of time, not to exceed 120 days, within which to complete said repair, rehabilitation, or demolition, if the Building Official determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property.  The Building Official's authority to extend time is limited to the physical repair, rehabilitation or demolition of the premises and will not in any way affect the time to appeal the notice and order.

d. Interference with Repair or Demolition.  No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the City or with any person who owns or holds any estate or interest in any building which has been ordered repaired, vacated, or demolished under the provisions of this Code, or in performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this Code.

        6. Performance of Work.  When any work of repair or demolition is to be done pursuant to this Code, the Building Official shall issue his order therefor and the City of Westminster may decide to delay the work, perform the work with City personnel, or contract with a private entity to do the work.  Plans and specification therefor may be prepared by the City or outside consultants under contract with the City.

a. Costs.  The costs of such work may be collected pursuant to the provisions of Section 8-4-5 of the Westminster Municipal Code.

(F) Compliance With Building Codes.

        1. Violation.  It is unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy, or maintain any building or structure; electrical system; plumbing system; heating, ventilating, cooling, or refrigeration system; incinerator or other miscellaneous heat-producing appliance; swimming pool, spa, or hot tub; elevator, escalator, or moving walk; or fire protection system, in the City, or cause or permit the same to be done in violation of any of the provisions of the Building Codes.

        2. Nuisance.  It is a public nuisance to use a building, structure, or equipment in violation of the Building Codes.  This condition may be abated pursuant to the provisions of Chapter 4 of Title VIII of this Code.

        3. Penalties.  Any person in violation of any of the provisions of this Chapter shall be guilty of a misdemeanor, and on conviction thereof, shall be punished by a fine or imprisonment for each violation as set forth in Section 1 of Chapter 8 of Title I of this Code.  Any violation of the provisions of this Chapter shall be a criminal offense.

        4. Notice of Violation.  Prior to causing a summons to be issued for a violation of the provisions of this Chapter, the Building Official may, at his discretion, issue a written notice to the person found in violation, describing the violation and ordering the person to correct or remedy the violation within a stated period of time.

(G)  Board of Building Code Appeals.  Appeals of orders, decisions, or determinations made by the Building Official or Fire Chief regarding the application or interpretation of the Building and Fire Codes, and amendments thereto, shall be made to the Board of Building Code Appeals pursuant to Chapter 10 of Title II of this Code.  No such appeal shall be heard by the Board of Building Code Appeals unless the appeal is filed within 30 calendar days after the date of the action of the Building Official or Fire Chief. 

11-9-3:  PERMITS AND FEES:  (3327 3541)

(A) Permits Required.

        1. General.  No person shall construct, install, enlarge, alter, repair, move, improve, remove, replace, convert, demolish, equip, occupy, or maintain any building or structure; electrical system; plumbing system; heating, ventilating, cooling, or refrigeration system; gas system, incinerator or other miscellaneous heat-producing appliance; swimming pool, spa or hot tub; elevator, escalator, or moving walk; fire protection system, or other work regulated by this Code, or portion thereof, in the City, or cause the same to be done without first obtaining a building permit for all such work from the Building Official, except as follows:

a. A public utility, duly franchised or authorized as such in the City, shall not be required to obtain a permit prior to performing emergency maintenance or repairs on its equipment, building, or structure, when necessary to sustain service or protect life or property; provided, however, that the public utility shall obtain a permit for the work as soon as it is practical to do so.

b. Public utilities, duly franchised or authorized as such in the City, shall not be required to obtain a permit for the installation, alteration or repair of generation, transmission, or distribution equipment that is under the ownership and control of the public utility.

        2. Exempt work.  Exemption from the permit requirements of this Code shall not be deemed to grant authorization for any work to be done in any manner in violation of this Code or any other laws or ordinances of the City.  A building permit shall not be required for the following:

a. One-story, detached accessory buildings or structures used as tool and storage sheds, playhouses, and similar uses provided that the floor area does not exceed 120 square feet;

b. Oil derricks;

c. Movable cases, counters, and movable partitions not over 5 feet 9 inches in height;

d. Retaining walls which are not over 3 feet in height when measured from the grade level on the low side to the top of the wall, unless supporting an additional load due to a surcharge of earth; a structure; or impounding Class I, II, or IIIA flammable liquids;

e. Water tanks supported directly upon the grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed two to one (2:1);

f. Platforms, patios, or decks associated with Group R occupancies not more than 30 inches above grade at any point and not over any basement or story below or which are not part of an accessible route;

g. Non-structural concrete slabs on grade;

h. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work;

i. Temporary motion picture, television, and theater sets and scenery, except that, the Fire Code provisions shall apply;

j. Window awnings supported by an exterior wall of any structure regulated by the International Residential Code or accessory thereto, when projecting not more than 54 inches beyond the plane of the wall;

k. Nonfixed and moveable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches in height;

l. Agricultural buildings as defined in Appendix Chapter C of the International Building Code;

m. Sidewalks, driveways or similar at grade concrete flatwork;

n. Swings or other playground equipment;

o. Portable heating, ventilating, and cooling appliances or equipment; unit refrigeration systems, cooking, or clothes drying equipment; and the replacement of any component part or assembly or an appliance so long as the appliance continues to comply with other applicable requirements of this Code;

p. Portable wading pools constructed of flexible plastic, rubber, or similar materials 24 inches or less in depth;

q. The repair of broken or defective electrical receptacles, switches or lamps;

r. The clearing of stoppages or the repair of leaks in pipes, valves, or fixture drains, provided such maintenance or repair does not involve or require the replacement or rearrangement of valves or pipes, or the replacement of fixtures provided such replacement does not involve the replacement or relocation of valves or pipes;

s. Fences not over 30" height.

        3. Separate Permits.  Unless otherwise exempt, separate plumbing, electrical, or mechanical permits may be required for work on the buildings or structures listed in subsection (A)2 of this Section. 

        4. Repairs.  Application or notice to the Building Official is not required for ordinary repairs to structures, replacement of lamps or the connection of approved portable electrical equipment at approved permanently installed receptacles.  Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting away of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waster, vent or similar piping, electrical wiring or mechanical or work affecting public health or general safety.

        5. Emergency Repairs.  Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day.

(B) Contractor Registration/License Required.

        1. Contractor Registration Required.  Only persons, firms, or corporations holding a current City contractor's registration certificate, issued pursuant to Chapter 5 of Title V of this Code may obtain a building permit, except as follows:

a. Any person who intends to build and occupy a single family detached home, or a building or structure accessory thereto, may apply for a building permit without a City contractor's registration certificate provided, however, that only one such permit may be issued in any calendar year.

b. Homeowners shall not be required to obtain a City contractor's registration certificate for the purposes of remodeling, enlarging, altering, repairing, or in any other way improving any building regulated by the International Residential Code, or accessory thereto, which they own.

        2. License Required.  The State of Colorado laws applicable to licensing of electricians and plumbers shall apply within the City.

(C) Application for Permit.

        1. Application.  To obtain a permit, the applicant shall file an application therefor in writing on a form furnished by the Building Official for that purpose.  Each application shall:

a. Identify and describe the work to be covered by the permit for which application is made.

b. Describe the land on which the proposed work is to be done by street address and legal description, or similar description that will readily identify and definitely locate the proposed building or work.

c. Fully describe the use or occupancy for which the proposed work is intended.  For non-residential uses, state the name of the user and describe the nature of the use or business.

d. Include plans, diagrams, computations, specifications, and other data as required in Subsection (C)2 of this Section.

e. State the valuation of the proposed work.

f. Be signed by the applicant or the applicant's authorized agent.

g. Give such other data and information as may be required by the Building Official.

2.  (a) Plans and Specifications.  Plans, engineering calculations, diagrams, and other data shall be submitted in accordance with the City’s submittal requirements with each application for a permit.  The construction documents shall be prepared by an architect or engineer licensed by the State of Colorado when required by section 11-9-3(C)3.  Where special conditions exist, the building official is authorized to require additional construction documents to be prepared.  The Building Official may waive the submission of plans, calculations, construction inspection requirements and other data if it is found that the nature of the work applied for is such that reviewing of plans is not necessary to obtain compliance with this Code.
(b) Means of egress.  The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress in compliance with the provisions of this Code.  In other than occupancies in Groups R-2, R-3, and I-1, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces.

        3. Design Professional. 

a. All proposed erection, construction, reconstruction, alteration, or remodeling shall be prepared by and bear the seal of an architect or engineer licensed by the State of Colorado unless exempted in this Section.  When such plans are not prepared by an architect or engineer, the Building Official may require the applicant submitting such plans or other data to demonstrate that the State law does not require that the plans be prepared by a licensed architect or engineer.  The Building Official may require plans, computations and specifications to be prepared and designed by an architect or engineer licensed by the state to practice as such even if not required by state law or exempted below.

b. An architect's or engineer's design and stamp shall be required on plans, engineering calculations, diagrams, and other data on the following types of projects:

(1) Smoke Control Systems
(2) Elevators, escalators and moving walks
(3) Foundation designs for all buildings or structures excluding accessory structures to buildings regulated by the International Residential Code.
(4) Retaining walls over 3 feet in height when measured from the grade level on the low side to the top of the wall

c. The architect or engineer in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building.

d. Exemptions.  Any applicant may prepare plans, calculations, and specifications for construction, alterations, remodeling, additions to, or repair of any of the following:

(1) One, two, three, and four unit family dwellings, including accessory buildings commonly associated with such dwellings;
(2) Garages, industrial buildings, offices, farm buildings and buildings for the marketing, storage, or processing of farm products, and warehouses, which do not exceed one story in height, exclusive of a one-story basement, and which under the provisions of this Code are not designed for occupancy by more than ten people.
(3) Additions, alterations, or repairs to the foregoing buildings which do not cause the completed buildings to exceed the applicable limitations set forth in this Subsection.
(4) Nonstructural alterations of any nature to any building if such alterations do not affect the life safety of the occupants of the building.

        4. Structural Observation.  When special inspection and/or structural observation is required by Chapter 17 of the International Building Code, the architect or engineer of record shall prepare an inspection program which shall be submitted to the Building Official for approval prior to issuance of the building permit.  The inspection program shall designate the portions of the work that require special inspection and the name or names of the individuals and firms who are to perform the special inspections, and indicate the duties of the special inspectors.  The special inspector shall be employed by the owner, the engineer or architect of record, or an agent of the owner, but not the contractor or any other person responsible for the work.

        5. Information on Construction Documents.  Construction documents shall be dimensioned and drawn to scale upon substantial paper.  Electronic media documents are permitted to be submitted when approved by the Building Official.  Construction documents shall be of sufficient clarity to indicate the location, nature, and extent of the work proposed, and shall show in detail that it will conform to the provisions of the Building Codes and all relevant laws, ordinances, rules, and regulations, as determined by the Building Official. 

        6. Expiration of Permit Applications or Plan Review.  Applications for which no permit is issued within 180 days following the date of application shall expire by limitation unless such application has been pursued in good faith, and the plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official.  The Building Official may extend the time for action by the applicant for a period not exceeding 180 days upon written request by the applicant, showing that circumstances beyond the control of the applicant have prevented action from being taken.  In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.

(D) Permit Issuance.

        1. Issuance.

a. The application, plans, specifications, computations, and other data submitted by the applicant for a permit shall be reviewed by the Building Official.  Such plans may be reviewed by other City departments to substantiate compliance with any applicable laws under their control.  If the Building Official finds that the work described in an application for a permit and the plans, specifications, and other data filed therewith conform to the requirements of the Building Codes and other pertinent laws, and that all applicable fees have been paid, a building permit shall be issued to the applicant.

b. When the Building Official issues a permit for which plans are required, the plans shall be approved in writing or by stamp.  The approved plans and specifications shall not be changed, modified, or altered without authorization from the Building Official, and all work regulated by this Code shall be done in accordance with the approved plans

c. The Building Official may issue a permit for the construction of part of a building and structure before all of the plans and specifications for the entire building or structure have been submitted or approved provided that adequate information verifying compliance with all pertinent requirements of the Building Codes have been submitted and approved for that portion of the building or structure.  A permit issued based on partial plan approval will be restricted to the portion of the work that has been reviewed and approved and the holder of such permit shall proceed at his own risk without assurance that the permit for the entire building or structure will be granted.

        2. Retention of Plans.  One set of approved plans, specifications, and computations shall be retained by the Building Official for a period of not less than 90 days from the date of completion of the work covered therein, and one set of approved plans shall be returned to the applicant and shall be kept on the job site at all times during which work is in progress.

        3. Validity of Permit.  The issuance of a permit or approval of plans, specifications, and computations shall not be construed to be a permit for or an approval of any violation of any of the provisions of the Building Codes or other ordinances of the City.  Permits presuming to give authority to violate or cancel the provisions of the Building Codes or other ordinances of the City shall not be valid.  The issuance of a permit based upon plans, specifications, and other data shall not prevent the Building Official from thereafter requiring the correction of errors in the plans, specifications, and other data, or from ordering the work being carried on to be stopped when in violation of the Building Codes or other ordinances of the City.  The building official is also authorized to prevent occupancy or use of a structure in violation of the building code or of any other ordinance of the City.

        4. Expiration of Permit.

a. Every permit issued by the Building Official under the provisions of the Building Codes shall expire if the building or work authorized by such permit is not commenced within 180 days from the date the permit was issued, or if the building or work authorized by such permit is suspended or abandoned for a period of 180 days at any time after the work is commenced.  Before such work can be resumed, a new permit shall be 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 are to be made in the original plans and specifications for such work and, provided further, that such suspension or abandonment has not exceeded one year.  In order to renew action on a permit after the work authorized by such permit has been suspended or abandoned for more than one year, the permitee shall pay a new, full permit fee.

b. When a permitee is unable to commence work within the time required by this Subsection for good and satisfactory reasons, a permitee holding an unexpired permit may apply for an extension of the time in which he may commence work under that permit.  The Building Official may extend the time for action by the permitee for a period not exceeding 180 days upon written request by the permitee showing that circumstances beyond the control of the permitee have prevented action from being taken.

        5. Suspension or Revocation.  The Building Official may, in writing, suspend or revoke a permit issued under the provisions of the Building Codes or any other ordinance or regulation of the City whenever the permit is issued in error or on the basis of incorrect, inaccurate, or incomplete information supplied by the applicant.

(E) Fees and Taxes.

        1. General.  A permit shall not be valid until the prescribed fees have been paid.  Fees shall be assessed in accordance with the provisions of this subsection.

a. Building use tax shall be paid in accordance with this Code.

b. Park development fees shall be paid in accordance with this Code.

c. Water and sanitary sewer tap fees shall be paid in accordance with this Code.

d. School Land Dedication fees shall be paid in accordance with this Code.

        2. Permit Fees.  A fee for each building permit shall be paid to the City of Westminster as specified in the "Building Permit Fee Schedule" as adopted by Resolution of the City Council; except that, the City, the Counties of Adams and Jefferson, the State of Colorado, the United States Government, and all agencies and departments thereof, shall be exempt from payment of building permit fees for the construction or repair of buildings or structures owned wholly by such agencies and departments and devoted to governmental use.

EXCEPTION:  The Building Official shall indefinitely waive the permit fees and use tax for the conversion of existing non-conforming solid fuel burning devices to gas, electric, EPA certified phase II, Colorado Phase III, or devices meeting the emission standard for solid fuel burning devices established under the State statutes and/or regulations promulgated by the Colorado Department of Public Health and Environment, as demonstrated by a test by an EPA accredited laboratory.  This exemption shall be in effect for those devices purchased or installed on or after September 1, 1993.

        3. Valuation.  The applicant for a permit shall provide an estimated permit value at time of permit application.  The valuation to be used in computing the permit and plan review fees shall be the total value of all construction work, including labor and materials, for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, conveyance systems, fire protection systems, and other permanent work or equipment.  The final determination of value or valuation shall be made by the Building Official. 

        4. Plan Review Fees.  When plans or other data are required to be submitted by the building codes, a plan review fee shall be paid at the time the plans and specifications are submitted for review.  Said plan review fee shall be 65 percent of the building permit fee as shown in the "Building Permit Fee Schedule" as adopted by Resolution of the City Council.  The plan review fees specified in this Subsection are separate fees from the permit fees and are in addition thereto.  Where plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged at the rate established in the "Building Permit Fee Schedule".

        5. Work Commenced Without a Permit.  When work for which a permit is required by the Building Codes is commenced without first obtaining the required permit, the fee for any subsequently issued permit shall be double the prescribed permit fee as set forth in subsection (E)8 of this Section, but not less than two hundred fifty dollars ($250) for the first such offense, triple the prescribed permit fee as set forth in subsection (E)8 of this Section, but not less than five hundred dollars ($500) for the second such offense, and the immediate revocation of the contractors license for the third such offense.  These provisions shall not apply to emergency work when it can be demonstrated to the satisfaction of the Building Official that such work was urgently necessary and that it was not practical to obtain a permit prior to the commencement of such work.  In all such cases, a permit shall be obtained as soon as practical to do so, and any unreasonable delay in obtaining such permit shall result in the assessment of fees as outlined above.  Payment of such increased permit fee shall not relieve any persons from fully complying with the requirements of the building codes in the execution of the work nor from any other penalties prescribed herein.

        6. Reinspection Fees.  Permit fees provide for customary inspections only.  A reinspection fee may be assessed when the portion of work for which an inspection is scheduled is not complete or when corrections listed during a previous inspection have not been made.  Reinspection fees may be assessed when the inspection record card is not posted or otherwise available on the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date for which an inspection is requested, or for deviating from plans requiring the approval of the Building Official.  This Subsection is not to be interpreted as requiring reinspection fees the first time work fails to comply with the requirements of the building codes but as a means of controlling the practice of calling for inspections before the work is ready for inspection or reinspection.  In instances where a reinspection fee has been assessed, a reinspection fee as set forth in the "Building Permit Fee Schedule" as adopted by Resolution of the City Council shall be paid by the holder of the permit to the City of Westminster before any additional inspections or reinspections may be made.

        7. Fee Refunds.  The Building Official may authorize fee refunds as follows:

a. The Building Official may authorize the refund of any fee which was erroneously paid or collected.

b. The Building Official may authorize the refund of 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.

c. The Building Official may authorize the refund of 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 plans are reviewed.

d. The Building Official shall not authorize the refund of any fee paid except upon receipt of a written request, by the original permitee, filed not later than 180 days after the date such fee was paid.

11-9-4:  INSPECTIONS:  (3327)

(A) Inspection Procedures.

1. General.

a. All construction or work for which a permit is required shall be subject to inspection by the Building Official, and all such construction or work shall remain accessible and exposed for inspection until approved by the Building Official.  In addition, certain types of construction shall have continuous inspection as specified in the Building Codes.  It shall be the duty of the permitee to cause the work to remain accessible and exposed for inspection.  Neither the Building Official nor the City shall be liable for expense entailed in the removal or replacement of any material to allow inspection.

b. Approval as a result of inspection shall not be construed to be an approval of a violation of the provisions of the building code or other ordinances of the City.  Inspections presuming to give authority to violate or cancel the provisions of the Building Codes shall not be valid.

c. A survey of the lot may be required by the Building Official, at the permitee's expense, to verify that the structure is located in accordance with the approved plans.

d. Before issuing a permit, the Building Official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed.

        2. Inspection Record Card.  Work requiring a permit shall not be commenced, and required inspections of such work shall not be made, until the permitee or his authorized agent has posted or has otherwise made an inspection record card available to the inspector to make the required entries thereon regarding inspection of the work.  This card shall be kept available by the permitee until final approval has been granted by the Building Official.

        3. Inspection Requests.  It shall be the responsibility of the person doing the work authorized by a permit to notify the Building Official that the work is ready for inspection.  The Building Official may require that every request for inspection be filed at least one day prior to the day the inspection is desired.  The request shall be by telephone as specified on the inspection record card or other means approved by the Building Official.  It shall be the duty of the person requesting any inspection required by this Code to provide access to and means for inspection of the work.

        4. Approval Required.  Work shall not be done beyond the point indicated in each successive inspection.  The Building Official, upon notification, shall make the requested inspection and shall indicate the portion of the work that is satisfactory as completed, or shall notify the permit holder or authorized agent wherein the same fails to comply with the building code.  Any provisions that do not comply shall be corrected and such work shall not be covered or canceled until authorized by the Building Official.

(B) Required Inspections.

        1. General.  The Building Official, upon notification, shall make an inspection required by this Subsection.  The following are required inspections:

a. Footing Inspection.  Shall be made after excavations are completed, all forms are in place, any required reinforcing steel is in place, and the footing is ready for the placement of concrete but before any concrete is placed.

b. Caisson/Drilled Pier Inspection.  Shall be made after caisson drilling has been completed and prior to any concrete being placed.

c. Foundation Inspection.  For concrete foundations, all forms, required void material, and required reinforcement shall be in place prior to the placement of any concrete.  Where the foundation is to be constructed of approved, treated wood, additional inspections may be required by the Building Official.

d. Underslab or Underground Inspection.  Shall be made after all underslab or underground building service equipment, electrical conduit, plumbing piping, and other ancillary equipment items are in place, but before any such equipment, conduit, or piping is buried or any concrete is placed.  Required pressure tests of underground piping or ductwork shall be performed at this time, as specified in the Building Codes.

e. Rough Inspection.  Shall be made after all rough-in work is completed and ready for inspection; all circuits are made up, electrical boxes, and plaster rings are installed, electrical panels are set, neutrals and grounds are made up, and all grounding is completed; all air or water tests required by the Building Codes have been performed; all ductwork, venting, and piping are completely roughed in; the roofing, all framing, fire blocking and bracing are complete; and when the job is ready for drywall but prior to the installation of any insulation.

f. Wallboard Inspection.  Gypsum wallboard which is part of a required fire assembly or designed to resist shear forces shall be inspected after all gypsum board, interior and exterior, is in place and properly fastened but before any gypsum board joints or fasteners are taped or finished.

g. Final Inspection.  Shall be made after all work, including final grading, is completed, and the building or space is ready for occupancy.

        2. Other Inspections.  In addition to the inspections specified in Subsection (B) of this Section, the Building Official may make or require other inspections of any construction work to ascertain compliance with the provisions of the Building Codes and other laws which are enforced by the City.

        3. Special Inspections.  Special inspections shall be conducted as required by the building code and Building Division procedures.

(C) Certificates of Occupancy.

        1. Use and Occupancy.  No building or structure, except Group U occupancies, shall be used or occupied and no change in the existing occupancy classification of a building or structure, or portion thereof, shall be made until the Building Official has issued a certificate of occupancy therefor.  Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of the building codes or other ordinances of the City.  Certificates presuming to give authority to violate or cancel the provisions of the Building Codes or other ordinances of the City shall be invalid.

        2. Change in Use.  Changes in the character or use of a building shall not be made without the approval of the Building Official.

        3. Certificate Issued.  After all required final inspections have been made, finding no violations of the provisions of the Building Codes or any other laws or ordinances of the City, all fees have been collected, and all improvements required by the City have been made in accordance with City specifications, including the installation of sidewalks, curbs, gutters, street paving, and any required landscaping, the Building Official shall issue a certificate of occupancy.  However, the Building Official may issue the certificate of occupancy prior to the completion of the required improvements provided the City has entered into an agreement with the owner of the property regarding delayed completion.  Only those improvements specified in such agreement with the City shall be considered for delayed completion, and the certificate of occupancy shall not be issued if required improvements, other than those included in the agreement with the City, have not been completed.  The certificate of occupancy shall contain the following information:

a. The building permit number.
b. The address and legal description of the building.
c. The name and address of the owner.
d. If not the entire building, a description of the portion of the building for which the certificate was issued, including the occupancy group classification.
e. A statement that, at the time of issuance, the building or portion thereof was in  compliance with the requirements of the Building Codes for the occupancy and the use for which the building is classified.
f. The edition of the code under which the permit was issued.
g. The type of construction.
h. Any special stipulations and conditions of the building permit or certificate of occupancy.
i. The date of issuance of the certificate.
j. The signature of the Building Official or his representative.

        4. Temporary Certificate.  If the Building Official finds that no substantial hazard will result from the occupancy of a building or portion thereof before completion, he may issue a temporary certificate of occupancy for the use of a portion or portions of a building or structure prior to the completion of the entire building or structure.  The Building Official shall set a time period for which the temporary certificate of occupancy is valid.  A fee shall be charged for the issuance or reissuance of a temporary certificate of occupancy as set forth in the fee schedule.  The fee for the temporary certificate of occupancy shall be based upon the permit fee paid for the building or portion thereof.

        5. Revocation.  The Building Official may, in writing, suspend or revoke a certificate of occupancy issued under the provisions of the Building Codes whenever the certificate is issued in error or on the basis of incorrect information supplied, or when it is determined that the building or structure or portion thereof is in violation of the Building Codes or any ordinance or regulation of the City.

11-9-5:  INTERNATIONAL BUILDING CODE AMENDMENTS:  (3327 3541)

(A) Section 406.1.4, number 1 of the International Building Code is amended to read as follows:

406.1.4.  Separation.  Separations shall comply with the following:

     1. The private garage shall be separated from the dwelling unit and its attic area by means of minimum 5/8-inch type "X" gypsum board applied to the garage side.  Where the separation is horizontal the gypsum board shall be attached to framing members spaced no more than 16 inches on center and the structure supporting the separation shall also be protected by not less than 5/8-inch type "X" gypsum board or equivalent.  Door openings between the garage and the dwelling unit shall be equipped with a self-closing, self-latching solid wood door not less than 1 3/8 inch thickness, solid or honeycomb core steel door not less than 1 3/8 inches thick, or doors in compliance with Section 715.4.3.  Penetrations in the required separation shall be in conformance with item #2 below or Section 713.  Openings from a garage directly into a room used for sleeping purposes shall not be permitted.

(B) Section 419.3 of the International Building Code is amended as follows:

419.3 Means of egress.  Except as modified by this section, the means of egress components for a live/work unit shall be designed in accordance with Chapter 10 for the function served.

419.3.1 Egress Capacity.  The egress capacity for each element of the live/work unit shall be based on the occupant load for the function served in accordance with Table 1004.1.1.

419.3.2 Sliding doors.  Delete in its entirety.

419.3.3 Spiral stairways.  Spiral stairways that conform to the requirements of Section 1009.9 shall be permitted.

419.3.4 Locks.  Delete in its entirety.

(C) Section 419.7 of the International Building Code is amended as follows:

419.7 Accessibility.  Accessibility shall be designed in accordance with Chapter 11 for the function served.

(D) The International Building Code is amended by the addition of Section 419.9 as follows:

419.9 Plumbing Facilities.  The work area of the live/work unit shall be provided with minimum plumbing facilities as specified by Chapter 29, based on the function of the work area. 

(E) The International Building Code is amended to add Section 424 to read as follows:

Section 424  Dwelling Unit Security.

424 Dwelling unit security.  The provisions of this Section shall apply to openings into all dwelling units as well as to openings between attached garages and dwelling units.  Except for vehicular access doors, door openings in attached garages shall be in accordance with the provisions of this Section.

424.1 Obstructing means of egress.  Security methods of this Section shall not create a hazard to life by obstructing any means of egress.  The provisions of this Section shall not supersede the requirements of Chapter 10 of this Code.

424.2 Entry vision.  All main or front entry doors to dwelling units shall be so arranged so that the occupants have a view of the area immediately outside of the door without having to open the door.  Such view can be provided by a window or by the use of a door viewer with a 180 degree field of view.

424.3 Swinging doors.  All exterior doors shall be constructed of solid core wood a minimum of 1 3/8 inch thickness, a metal door constructed with at least 18-gauge metal or similar approved material.

424.3.1 Strike plate installation.  In wood-frame construction, any open space between trimmers and wood doorjambs shall be solid shimmed not less than 12 inches above and below the strike plate.  Strike plates shall be attached to the jamb with not less than two No. 8 by 3-inch screws, which have a minimum of 3/4 inch penetration into the nearest framing member.  Strike plates when attached to metal shall be attached with not less than two No. 8 machine screws.

424.3.2 Hinges.  When hinges are exposed to the exterior, at least one of the hinges shall be equipped with a non-removable hinge pin.  Not less than three 4 ½ inch steel butt hinges shall be fastened to both the door and jamb with not less than four No. 9 by ¾ inch wood screws or to metal doors and jambs with not less than four No. 8 machine screws.  In wood construction, any open space between trimmers and wood jambs shall be solid shimmed extending not less than 6 inches above and below each hinge.

424.3.3 Locking hardware.  Swinging doors shall be equipped with an approved exterior key-operated deadbolt.  Deadbolt locks shall have at least a one-inch bolt throw that will penetrate the strike at least 3/4 of an inch.  See Chapter 10 of this Code for requirements on door operation for exiting.

(F) Section 709.3 of the International Building Code is amended as follows:

Section 709.3  Fire-resistance rating.

 EXCEPTIONS: 1 and 2 are deleted in their entirety.

(G) Section 712.3 of the International Building Code is amended as follows:

Section 712.3  Fire-resistance rating.

 EXCEPTION:  deleted in its entirety.

(H) Section 1008.1.9.4 the International Building Code is amended as follows:

Section 1008.1.9.4  Bolt locks.  Manually operated flush bolts or surface bolts are not permitted.

EXCEPTIONS:
  1. Remains unchanged.
  2. Remains unchanged.
  3-5. Deleted in their entirety.

(I) Table 1018.1 of the International Building Code is amended to read as follows:

Table 1018.1  CORRIDOR FIRE-RESISTIVE RATING

R occupancy corridor serving an occupancy greater than 10 with sprinkler system is required to be 1 hour fire-resistive rated.

(J) Section 1023.4 of the International Building Code is amended as follows:

1023.4 Termination. Exit passageways shall terminate at an exit discharge or public way. Dead ends shall comply with Section 1018.4.

(K) Sections 1207.2 and 1207.3 of the International Building Code are amended as follows:

1207.2 Air-borne sound. Walls, partitions and floor/ceiling assemblies separating dwelling or sleeping units from each other or from public or service areas shall have a sound transmission class (STC) of not less than 50 (45 if field tested) for air-borne noise when tested in accordance with ASTM E 90.  Penetrations or openings in construction assemblies for piping; electrical devices; recessed cabinets; bathtubs; soffits; or heating, ventilating or exhaust ducts shall be sealed, lined, insulated or otherwise treated to maintain the required ratings.  This requirement shall not apply to dwelling unit entrance doors; however, such doors shall be tight fitting to the frame and sill.

1207.3 Structure-borne sound. Floor/ceiling assemblies between dwelling or sleeping units or between a dwelling unit and a public or service area within the structure shall have an impact insulation class (IIC) rating of not less than 50 (45 if field tested) when tested in accordance with ASTM E 492.

(L) Section 1510.3 of the International Building Code is amended by the addition to read as follows:

Section 1510.3  Recovering versus replacement.

     4. For asphalt shingles, when a building is located in an area subject to moderate or severe hail exposure according to Figure R903.5 in the International Residential Code.

(M) Section 1608.2 of the International Building Code is amended to read as follows:

1608.2 Ground snow loads.  The ground snow load to be used within the City of Westminster in determining the design snow loads for roofs is 30 pounds per square foot.

(N) Section 1609.3 of the International Building Code is amended to read as follows:

1609.3 Basic wind speed.  The minimum basic wind speed, based on a 3-second gust, for any site within the limits of the City of Westminster shall be a minimum of 100 miles per hour (MPH) in areas located east of Sheridan Boulevard, 110 MPH in areas between Sheridan Boulevard and Wadsworth Parkway, and 120 MPH in areas west of Wadsworth Parkway.  Exposure B shall be used unless specified as exposure C by the Building Official.

(O) Sections 1612.3 and 1612.4 of the International Building Code are amended to read as follows:

1612.3 Establishment of flood hazard areas.  The flood hazard areas of the City of Westminster are as established in Article 11, Chapter 8 of the Westminster Municipal Code.

1612.4 Design and construction.  The design and construction of buildings and structures located in flood hazard areas, including flood hazard areas subject to high velocity wave action, shall be designed and constructed in accordance with City of Westminster standards and ASCE 24, whichever is the most restrictive.

(P) Section 2111.1 of the International Building Code is amended to read as follows:

2111.1 Definition.  A masonry fireplace is a fireplace constructed of concrete or masonry, hereafter referred to as masonry.  Masonry fireplaces shall be constructed in accordance with this Section and subject to the restrictions of Title 8, Chapter 6 of the Westminster Municipal Code.

(Q) Section 2304.11.5 of the International Building Code is amended as follows:

Section 2304.11.5  Supporting member for permanent appurtenances. 

EXCEPTION is deleted in its entirety.

(R) Section 3109 of the International Building Code is amended as follows:

3109.3 Public swimming pools.  Public swimming pools shall be completely enclosed by a fence as required by Sections 3109.4.1 through 3109.4.1.7.

3109.4  Swimming pools.  Swimming pools associated with structures regulated by this Code shall comply with Sections 3109.4.1 through 3109.4.3.

EXCEPTION is deleted in its entirety.

3109.4.1 Barrier height and clearances.  The top of the barrier shall be at least 60 inches, but not exceed 72 inches, above grade measured on the side of the barrier which faces away from the swimming pool.  [Remainder of Section 3109.4.1 is unchanged.]

3109.4.1.7 Gates.  Access gates shall comply with the requirements of section 3109.4.1.1 through 3109.4.1.6, and shall be equipped to accommodate a locking device.  Access gates shall be self-closing and be equipped with a self-latching device located a minimum of 54 inches above the bottom of the gate.  Where egress hardware is required by Chapter 10 of this Code, it shall be used instead of the required latching device.  If egress hardware is used, the gate or fence shall have no openings larger than ½ inch within 18 inches of the hardware.

3109.4.1.8 Dwelling wall as a barrier.  This Section deleted in its entirety.

11-9-6:   INTERNATIONAL RESIDENTIAL CODE AMENDMENTS: (3541)

(A) Table R301.2(1) of the International Residential Code is amended to read:

TABLE R301.2(1) CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA

Ground
snow
load

Wind
Speed

Seismic
Design
Category

Subject to Damage from

Winter
Design
Temp

Ice barrier
Underlayment
required

Air
Freezing
Index

Mean
Annual
Temp

Accumulated
Snow level

Weathering

Frost
Depth

Termite

30 PSF

100 –
120*

B

Severe

36”

Slight to
Moderate

1°F

No

532

51.0

12 inches


* See amended IBC Section 1609.3


(B) Section R301.2.1.2 of the International Residential Code is deleted in its entirety.

(C) Section R301.2.4 of the International Residential Code is amended to read as follows:

R301.2.4 Floodplain construction.  The design and construction of buildings and structures located in whole or in part in flood hazard areas, including flood hazard areas subject to high velocity wave action, shall be designed and constructed in accordance with City of Westminster standards and R322, whichever is the most restrictive.

(D) Section R302.2 of the International Residential Code is amended to read as follows:

R302.2 Townhouses.

EXCEPTION: A common 2-hour fire-resistance-rated wall is permitted for townhouses if such walls do not contain plumbing or mechanical equipment, ducts or vents in the cavity of the common wall. Electrical installations shall be installed in accordance with Chapters 34 through 43. Penetrations of electrical outlet boxes shall be in accordance with Section R302.4.

(E) Section R302.2.4 of the International Residential Code is amended to read as follows:

R302.2.4 STRUCTURAL INDEPENDENCE.

 EXCEPTIONS:
       5. Townhouses separated by a common 2-hour fire-resistance-rated wall as provided in Section R302.2.

(F) Section R302.3 of the International Residential Code is amended to read as follows:

R302.3 Two-family dwellings.

 EXCEPTIONS:
       1. Deleted in its entirety.
       2. Wall assemblies need not extend through attic spaces when the ceiling is protected by not less than 5/8 inch Type X gypsum board and an attic draft stop constructed as specified in Section R302.12.1 is provided above and along the wall assembly separating the dwellings.  The structural framing supporting the ceiling shall also be protected by not less than 5/8 inch type X gypsum board or equivalent.

(G) Section R302.5.1 of the International Residential Code is amended to read as follows:

R302.5.1 Opening protection.  Openings from a private garage directly into a room used for sleeping purposes shall not be permitted.  Other openings between the garage and the residence shall be equipped with a self-closing, self-latching solid wood door not less than 1 3/8 inch in thickness, solid or honeycomb core steels door not less than 1 3/8 inches thick, or 20-minute fire-rated door assembly.

(H) Section R302.6 of the International Residential Code is amended to read as follows:

R302.6 Dwelling/Garage fire separation.  The garage shall be separated from the residence and its attic space by not less than 5/8-inch type "X" gypsum board applied to the garage side. Table R302.6 is deleted in its entirety. Where the separation is horizontal the gypsum board shall be attached to framing members spaced no more than 16 inches on center and the structure supporting the separation shall also be protected by not less than 5/8-inch type "X" gypsum board or equivalent.  Garages located less than 3 feet from a dwelling unit on the same lot shall be protected with not less than 5/8 inch type "X" gypsum board on the interior side of exterior walls.  Openings in these walls shall be regulated by Section R302.5.

(I) Section R310.1.1 of the International Residential Code is amended as follows:

R310.1.1 Minimum opening area.  Exception is deleted in its entirety.

(J) Section R310.1.4 of the International Residential Code is amended to read as follows:

R310.1.4 Operational constraints.  Emergency escape and rescue openings shall be operational from the inside of the room without the use of keys, tools, special knowledge or removal of any part of the window assembly.

(K) Section R310.5 of the International Residential Code is amended to read as follows:

Section R310.5 Emergency escape windows under decks and porches.  Emergency escape windows 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 36 inches in height and 36 inches in width to a yard or court.

(L) Section R311.3.2 of the International Residential Code is amended as follows:

R311.3.2 Floor elevations for other exterior doors.

 EXCEPTION:  Exception is deleted in its entirety.

(M) Section R311.7.4.1 of the International Residential Code is amended to read as follows:

R311.7.4.1 Riser height.  The maximum and minimum riser height shall be 7 ¾ inches and 4 inches respectfully.  The riser shall be measured vertically between leading edges of the adjacent treads.  The greatest riser height within any flight of stairs shall not exceed the smallest by more than 3/8 inch.

(N) Section R311.9 of the International Residential Code is amended to read as follows:

R311.9 Means of egress discharge location.  Required egress doors, landings, stairways and ramps shall be located at least 5 feet (1524 mm) from adjacent lot lines and the imaginary line between two buildings on the same lot.

(O) Sections R313.1 and R313.2 of the International Residential Code are amended to read as follows:

R313.1 Townhome automatic fire sprinkler systems. Effective January 1, 2013, an automatic residential fire sprinkler system shall be installed in townhomes.

[Exception to Section R313.1 remains unchanged.]

R313.2 One-and two-family dwellings automatic fire systems.  Effective January 1, 2013, an automatic residential fire sprinkler system shall be installed in one- and two-family dwellings.

[Exception to R313.2 remains unchanged.]

(P) Section R317.1.3 of the International Residential Code is amended to read as follows:

R317.1.3 Geographical areas.  Approved naturally durable or pressure-preservative-treated wood shall be used for those portions of wood members that form the structural supports of buildings, balconies, porches or similar permanent building appurtenances when those members are exposed to the weather without adequate protection from a roof, eave, overhang or other covering that would prevent moisture or water accumulation on the surface or at joist between members.  Such members shall include:  (remainder of section unchanged)

(Q) Section R318.1 of the International Residential Code is amended to read as follows:

R318.1 Subterranean termite control methods.  In areas subject to moderate to heavy or very heavy damage as indicated by Table R301.2(6) methods of protection shall be one of the following methods or a combination of these methods:  [Remainder of Section R318.1 is unchanged.]

(R) The International Residential Code is amended to add Section R324 to read as follows:

R324 BUILDING SECURITY

R324.1 General.  The provisions of this Section shall apply to openings into all dwelling units as well as to openings between attached garages and dwelling units.  Except for vehicular access doors, door openings in attached garages shall be in accordance with the provisions of this Section.

R324.2 Obstructing means of egress.  Security methods of this Section shall not create a hazard to life by obstructing any means of egress.  The provisions of this Section shall not supersede the requirements of section R311 of this Code.

R324.3 Entry vision.  All main or front entry doors to dwelling units shall be so arranged so that the occupants have a view of the area immediately outside of the door without having to open the door.  Such view can be provided by a window or by the use of a door viewer with a 180 degree field of view.

R324.4 Swinging doors.  All exterior doors shall be constructed of solid core wood a minimum of 1 3/8 inch thickness or a metal door constructed with at least 18-gauge metal or similar approved material.

R324.4.1 Strike plate installation.  In wood-frame construction, any open space between trimmers and wood doorjambs shall be solid shimmed not less than 12 inches above and below the strike plate.  Strike plates shall be attached to the jamb with not less than two No. 8 by 3-inch screws, which have a minimum of 3/4 inch penetration into the nearest framing member.  Strike plates when attached to metal shall be attached with not less than two No. 8 machine screws.

R324.4.2 Hinges.  When hinges are exposed to the exterior, at least one of the hinges shall be equipped with a non-removable hinge pin.  Not less than three 4 ½ inch steel butt hinges shall be fastened to both the door and frame with not less than four No. 9 by ¾ inch wood screws or to metal with not less than four No. 8 machine screws.  In wood construction, any open space between trimmers and wood jambs shall be solid shimmed extending not less than 6 inches above and below each hinge.

R324.4.3 Locking hardware.  Swinging doors shall be equipped with an approved exterior key-operated deadbolt.  Deadbolt locks shall have at least a one-inch bolt throw that will penetrate the strike at least 3/4 of an inch.  See section R311 for requirements on door operation for exiting.

(S) Section R502.3.1, Table R502.3.1(1), and Section R502.3.2 of the International Residential Code are amended as follows:

R502.3.1 Sleeping areas and attic joist. - Section is deleted in its entirety.

Table R502.3.1(1) FLOOR JOIST SPANS FOR COMMON LUMBER SPECIES.  Table is deleted in its entirety.

R502.3.2 Other floor joist.  Table 502.3.1(2) shall be utilized to determine the maximum allowable span of floor joist that support all areas of the building provided that the design live load does not exceed 40 psf and the design dead load does not exceed 20 psf.

(T) Section R801.3 of the International Residential Code is amended to read as follows:

Section 801.3 Roof drainage.  All dwellings shall have a controlled method of water disposal from roofs that will collect and discharge all roof drainage to the ground surface at least five feet from the foundation walls or to an approved drainage system.

(U) The International Residential Code is amended to add Section R903.2.3 to read as follows:

R903.2.3 Drip edge.  Drip edge shall be provided at eaves and gables of shingle roofs.  Overlap shall be a minimum of 2".  Eave drip edges shall extend .25" below sheathing and extend back on the roof a minimum of 2".  Drip edge shall be mechanically fastened a maximum of 12" on center.

(V) Sections R1001.1 and R1004.1 the International Residential Code are amended to read as follows:

R1001.1 General.  Masonry fireplaces shall be constructed in accordance with this Section and the applicable provisions of Chapters 3 and 4 of this Code and subject to the restrictions of Title 8, Chapter 6 of the Westminster Municipal Code.

R1004.1 General.  Factory-built fireplaces shall be listed and labeled and shall be installed in accordance with the conditions of the listing.  Factory-built fireplaces shall be tested in accordance with UL127 and be subject to the restrictions of Title 8, Chapter 6 of the Westminster Municipal Code.

(W) Section R1004.4 of the International Residential Code is amended as follows:

(X) Section N1101.1 of the International Residential Code is amended to read as follows:

N1101.1 Scope.

Exception:  Portions of the building envelope that do not enclose conditioned space are exempt from building thermal envelope provisions of this chapter.

(Y) Table N1102.1.2 of the International Residential Code is amended to read as follows:

Table N1102.1.2 EQUIVALENT U-FACTORS

Frame Wall U-Factor in Climate Zone 5 and Marine 4 changed to a U-factor of 0.057.

(Z) Section N1102.2.2 of the International Residential Code is amended to read as follows:

N1102.2.2 Ceilings without attic spaces.  Where Section N1102.1 would require insulation levels above R-30 and the design of the roof/ceiling assembly does not allow sufficient space for the required insulation, the minimum required insulation for such roof/ceiling assemblies shall be R-30.  This reduction of insulation from the requirements of Section 402.1.1 shall be limited to 500 square feet (46 m2) or 20 percent of the total insulated ceiling area, whichever is less.  This reduction shall not apply to the U-factor alternative approach in Section N1102.1.2 and the total UA alternative in Section N1102.1.3.

(AA) Table N1102.4.2 of the International Residential Code is amended to read as follows:

TABLE N1102.4.2 AIR BARRIER AND INSULATION INSPECTION
“Air-permeable insulation is inside of an air barrier” is added as a criteria for Air barrier and thermal barrier.

(BB) Section N1102.5 of the International Residential Code is added to read as follows:

1102.5 Maximum fenestration U-Factor and SHGC.  The area-weighted average maximum fenestration U-factor permitted using trade-offs from Section 402.1.4 or 404 shall be 0.48 in Zones 4 and 5 and 0.40 in Zones 6 through 8 for vertical fenestration, and 0.75 in Zones 4 through 8 for skylights.  The area-weighted average maximum fenestration SHGC permitted using trade-offs from Section 405 in Zones 1 through 3 shall be 0.50.

(CC) Section N1103.8.3 of the International Residential Code is amended added to read as follows:

N1103.8.3 Pool Covers.  Add an exception to read as follows:

Exception:  Pools deriving over 60 percent of the energy or heating from site-recovered energy or solar energy source.

(DD) The International Residential Code is amended to add Section M1416 to read as follows:

M1416 Unvented room heaters
M1416.1 General.  Unvented room heater, fireplaces, gas logs or other similar unvented devices are prohibited.

(EE) Section M1502.4.4.2 of the International Residential Code is amended as follows:

Section M1502.4.4.2 Manufacture’s instructions.  Section is deleted in its entirety.

(FF) Section M1801.1 of the International Residential Code is amended to read as follows:

M1801.1 Venting required.  Fuel-burning appliances shall be vented to the outside in accordance with their listing and label and manufacturer's installation guidelines or instructions.  Venting systems shall consist of approved chimneys or vents, or venting assemblies that are integral parts of labeled appliances.  Gas-fired appliance shall be vented in accordance with Chapter 24.

(GG) Section G2406.2 of the International Residential Code is amended as follows:

G2406.2 Prohibited locations.  Items 3 and 4 are deleted in their entirety.

(HH) Section G2407.6.2 of the International Residential Code is amended as follows:

G2407.6.2  One-permanent-opening method.  Section is deleted in its entirety.

(II) Section G2415.10 and Section G2415.10.1 of the International Residential Code are amended as follows:

G2415.10  Minimum burial depth.  Underground metallic piping systems shall be installed a minimum depth of 12 inches below grade.  Underground plastic piping systems shall be installed a minimum depth of 18 inches below grade.

G2415.10.1  Individual outside appliances.  Section is deleted in its entirety.

(JJ) Sections G2417.4 and G2417.4.1 of the International Residential Code are amended to read as follows:

G2417.4 Test pressure measurement.  Test pressure shall be measured with a manometer or with a pressure-measuring device designed and calibrated to read, record, or indicate a pressure loss caused by leakage during the pressure test period.  The source of pressure shall be isolated before the pressure tests are made.  Mechanical gauges used to measure test pressure shall have a range such that the highest end of the scale is not greater than three times the test pressure.

G2417.4.1 Test pressure.  The minimum test pressure to be used on threaded pipe shall be 20 psi gauge pressure.  For welded pipe the minimum test pressure shall be 60 psi gauge pressure.

(KK) Sections G2420.5.1, G2420.5.2 and G2420.5.3 of the International Residential Code are amended as follows:

G2420.5.1 Located within the same room.  Each appliance shall be provided with a shutoff valve separate from the appliance.  The shutoff valve shall be located in the same room as the appliance.  [Remainder of Section G2417.5.1 is unchanged.]

G2420.5.2 Vented decorative appliances and room heaters.  Section is deleted in its entirety.

G2420.5.3 Located at manifold.  Section is deleted in its entirety.

(LL) Section G2425.8 of the International Residential Code is amended as follows:

G2425.8 Equipment not required to be vented.  Item #7 is deleted.

(MM) Section G2445 of the International Residential Code is amended as follows:

G2445 Unvented room heaters.  Section is deleted in its entirety.

(NN) Section P2603.6.1 of the International Residential Code is amended to read as follows:

P2603.6.1 Sewer depth.  Building sewers that connect to private sewage disposal systems shall be a minimum of 42 inches below finished grade at the point of septic tank connection.  Building sewers shall be a minimum of 42 inches below grade.

(OO) Section P2903.8.5 of the International Residential Code is amended to read as follows:

P2903.8.5 Valving.  Fixture valves shall be located at both the fixture and at the manifold.  Valves located at the manifold shall be labeled indicating the fixture served.

(PP) Section P2904.1 of the International Residential Code is amended to read as follows:

P2904.1 General.  Where installed, residential fire sprinklers systems, or portions thereof, shall be in accordance with this section.  Residential fire sprinklers systems using any other standard, including NFPA 13D, shall be specifically approved by the building official.  Section P2904 shall apply to stand-alone and multipurpose wet-pipe sprinkler systems that do not include use of antifreeze. (Remainder of Section is unchanged) 

(QQ) Section P3201.5 of the International Residential Code is amended as follows:

P3201.5 Prohibited trap designs.  The following types of traps are prohibited:
     1-5. (Unchanged)
     6. Running traps.

(RR) Table P3201.7 of the International Residential Code is amended to read as follows:

TABLE P3201.7 SIZE OF TRAPS AND TRAP ARMS FOR PLUMBING FIXTURES is amended to reflect the trap size minimum for a shower is 2 inches.

(SS) The General Statement of Chapter 34 and Section E3401.1 of the International Residential Code are amended to read as follows:

CHAPTER 34  GENERAL REQUIREMENTS

The Electrical Part is produced and copyrighted by the National Fire Protection Association (NFPA) and is based on the 2008 National Electrical Code, copyright 2007 National Fire Protection Association, all rights reserved.  Use of the Electrical part is pursuant to license with the NFPA.

E3401.1 Applicability.  Add the following to the section:  Whenever there is a conflict between this Code and the 2008 NEC, the provisions of the NEC will govern.

(TT) Section AG105.2 and AG105.5 of the International Residential Code are amended as follows:

AG 105.2 Outdoor swimming pool.

      1. The top of the barrier shall be at least 60 inches, but not exceed 72 inches, above grade measured on the side of the barrier which faces away from the swimming pool.  (remainder of section unchanged)

     8. Access gates shall comply with the requirements of section AG105.2, Items 1 through 7, and shall be equipped to accommodate a locking device.  Access gates shall be self-closing and be equipped with a self-latching device located a minimum of 54 inches above the bottom of the gate.  Where the release mechanism of the self-latching device is located less than 54 inches from the bottom of the gate, the release mechanism and openings shall comply with the following:

      8.1 The release mechanism shall be located on the pool side of the gate at least 3 inches below the top of the gate, and

      8.2 The gate and barrier shall have no opening greater then ½ inch within 18 inches of the release mechanism.

      9. Where a wall of a dwelling unit serves as part of the barrier, doors through the wall need not be equipped with self-closing or self-latching devices.

AG105.5 Barrier exceptions.  Outdoor pools, spas and hot tubs provided with a safety cover that complies with ASTM F1346 or hot tubs provided with a locking cover shall be provided with a barrier at least 36 inches in height which complies with Section AG105.2, items 1 through 10 as amended.

(UU) The International Residential Code is amended to add Section AG109 to read as follows:

AG109 Testing of swimming pool piping.

AG109.1 Pressure test.  Pressure piping and section piping serving permanent residential swimming pools shall be tested at 35 pound for a minimum of 15 minutes.

AG109.2 Supply water.  All permanent residential swimming pools shall fill by an indirect means when supplied by potable water.

Exception.  Supply piping protected in accordance with Section P2902 of this Code.

11-9-7:  NATIONAL ELECTRICAL CODE AMENDMENTS:  (3327 3541)

(A) Article 230.70(A)(1) of the National Electrical Code is amended to read as follows:

230.70 (A)(1) Location.  The service disconnecting means shall be installed at a readily accessible location on the outside of the building unless approved by the Building Official.  No service disconnecting means shall be installed inside a residential dwelling unit.
 
EXCEPTION:  The service disconnecting means may be installed inside the garage of a residential dwelling unit when it is located back-to-back to the meter.

11-9-7:  NATIONAL ELECTRICAL CODE AMENDMENTS:  (3327 3541)

(A) Article 230.70(A)(1) of the National Electrical Code is amended to read as follows:

230.70 (A)(1) Location.  The service disconnecting means shall be installed at a readily accessible location on the outside of the building unless approved by the Building Official.  No service disconnecting means shall be installed inside a residential dwelling unit.

EXCEPTION:  The service disconnecting means may be installed inside the garage of a residential dwelling unit when it is located back-to-back to the meter.

11-9-8  INTERNATIONAL PLUMBING CODE AMENDMENTS:  (3327 3541)

(A) The International Plumbing Code is amended to add Section 601.5 to read as follows:

Section 601.5 Water conservation.  Water recycling systems shall be mandatory for all automatic full-service commercial car wash facilities constructed in the City after December 23, 1982.  Water recycling systems shall not be mandatory for manual self-service commercial car wash facilities.

(B) The International Plumbing Code is amended to add Section 704.5 and 704.6 to read as follows:

704.5 Dead ends.  In the installation or removal of any part of a drainage system, dead ends shall be prohibited. Cleanout extensions and approved future fixture drainage piping shall not be considered as dead ends.

704.6 Grease waste identification.  All underground or under floor grease waste lines shall be permanently identified by an approved means.

(C) Section 904.1 of the International Plumbing Code is amended to read as follows:

904.1 Roof extension.  Each vent pipe or stack shall extend through its flashing and shall terminate vertically not less than twelve inches above the roof not less than one foot from any vertical surface.  Where the roof is used for any purpose other than weather protection the vent extension shall terminate at least 7 feet above the roof.

(D) Section 1002.3 of the International Plumbing Code is amended as follows:

1002.3 Prohibited traps.  The following types of traps are prohibited:

      1.-6. Unchanged
      7. Running traps

(E) Section 1003.2 and section 1003.3.4.1 of the International Plumbing Code are amended to read as follows:

1003.2 Approval.  The size, type and location of each grease interceptor shall be designed and installed in accordance with City of Westminster specifications, the manufactures installation instructions, the requirements of this Section and the anticipated conditions of use.  Wastes that do not require treatment or separation shall not be discharged into any interceptor.

1003.3.4.1 Grease trap capacity.  When, in the judgment of the Building Official, it would be impractical or unnecessary to install a grease interceptor due to the anticipated use of an establishment, the installation of a grease trap may be approved.  Grease traps shall be sized in accordance with City specifications and have the grease retention capacity indicated in Table 1003.3.4.1 for the flow-through rates indicated.

11-9-9  INTERNATIONAL MECHANICAL CODE AMENDMENTS: (3541)

(A) The International Mechanical Code is amended to add Section 405.2 to read as follows:

405.2 Public Toilet Rooms.  Mechanical ventilation systems serving public toilet rooms shall be provided automatic controls.

Exception:  Ventilation systems that operate anytime the toilet room is illuminated.

(B) Section 504.6.4.2 of the International Mechanical Code is amended as follows:

504.6.4.2 Manufacturer’s instructions.  Section is deleted in its entirety.

(C) Section 506.3.10.2 of the International Mechanical Code is amended as follows:

506.3.10.2  Field-applied grease duct enclosure.
Commercial kitchen grease ducts constructed in accordance with Section 506.3.1 shall be enclosed by a field-applied grease duct enclosure that is a listed and labeled material, system, product or method of construction specifically evaluated in accordance with ICC-ES Acceptance Criteria for Grease Duct Enclosure Systems (AC101) or ASTM E2336.  [The remainder of Section 506.3.10.2 is unchanged.]

(D) Section 506.3.10.4 of the International Mechanical Code is amended as follows:

506.3.10.4 Duct enclosure not required.  Section is deleted in its entirety.

(E) Section 903.1 and Section 903.3 of the International Mechanical Code are amended as follows:

903.1 General.  Factory-built fireplaces shall be listed and labeled and shall be installed in accordance with the conditions of the listing.  Factory-built fireplaces shall be tested in accordance with UL127 and be subject to the restrictions of Title 8, Chapter 6 of the Westminster Municipal Code.

903.3  Unvented gas log heaters.  Section is deleted in its entirety.

11-9-10  INTERNATIONAL FUEL GAS CODE AMENDMENTS:  (3327 3541)

(A) Section 303.3 of the International Fuel Gas Code is amended as follows:

303.3  Prohibited locations.  Items 3 and 4 are deleted in their entirety.

(B) Section 304.6.2 of the International Fuel Gas Code is amended as follows:

304.6.2  One-permanent-opening method.  Section is deleted in its entirety.

(C) Section 404.9 and Section 404.9.1 of the International Fuel Gas Code are amended as follows:

404.10 Minimum burial depth.  Underground metallic piping systems shall be installed a minimum depth of 12 inches below grade.  Underground plastic piping systems shall be installed a minimum depth of 18 inches below grade.

404.10.1 Individual outside appliances.  Section is deleted in its entirety.

(D) Section 406.4, 406.4.1 and 406.4.2 of the International Fuel Gas Code are amended to read as follows:

406.4 Test pressure measurement.  Test pressure shall be measured with a manometer or with a pressure-measuring device designed and calibrated to read, record, or indicate a pressure loss caused by leakage during the pressure test period.  The source of pressure shall be isolated before the pressure tests are made.  Mechanical gauges used to measure test pressure shall have a range such that the highest end of the scale is not greater than three times the test pressure.

406.4.1  Test pressure.  The minimum test pressure to be used on threaded pipe shall be 20 psi gauge pressure.  For welded pipe the minimum test pressure shall be 60 psi gauge pressure.

406.4.2 Test duration.  The test duration shall be not less than 15 minutes.

(E) Section 409.5.1 of the International Fuel Gas Code is amended as follows:

409.5.1 Located within the same room.  Each appliance shall be provided with a shutoff valve separate from the appliance.  The shutoff valve shall be located in the same room as the appliance.  [The remainder of Section 409.5.1 is unchanged.]

(F) Section 409.5.2 and 409.5.3 of the International Fuel Gas Code is amended as follows:

409.5.2 Vented decorative appliances and room heaters.  Section is deleted in its entirety.

409.5.3 Located at manifold.  Section is deleted in its entirety.

(G) Section 501.8 of the International Fuel Gas Code is amended as follows:

501.8 Equipment not required to be vented.  Items 8 and 10 are deleted in their entirety.

(H) Section 621 of the International Fuel Gas Code is amended as follows:

621.1  General.  Unvented room heater, fireplaces, gas logs or other similar devices are prohibited.  [The remainder of Section 621 is deleted.]

11-9-11:  INTERNATIONAL ENERGY CONSERVATION CODE AMENDMENTS:  (3327 3541) 

(A) Section 302.1 of the International Energy Conservation Code is amended as follows:

302.1 Interior design conditions.  The interior design temperatures used for heating and cooling load calculations shall be a maximum of 70°F for heating and a minimum of 75°F for cooling.

11-9-12:  INTERNATIONAL EXISTING BUILDINGS CODE AMENDMENTS:  (3327)  No changes.

11-9-13:  MOBILE HOMES:  (3327)

(A) Permits Required.

        1. General.  Building permits for work on mobile homes or accessory buildings shall be obtained in accordance with the provisions of the Building Codes unless the work is specifically exempt pursuant to the provisions of the Building Codes.

        2. Initial Installation.  No person shall install or set up a mobile home on any mobile home space without first obtaining a separate permit for each installation from the Building Official.  Such permit issuance and fees therefore shall be in accordance with the Building Codes.  No utility service shall be provided to any building service equipment without a building permit.

        3. Accessory Buildings and Structures.  Building permits shall be required for the installation of all accessory buildings and structures and their building service equipment, unless the work is specifically exempt pursuant to the provisions of the Building Codes.  Such permit issuance and fees therefor shall be pursuant to the Building Codes.

        4. Additions, Alterations, and Repairs to Mobile Homes.  No person shall alter, remodel, repair, or enlarge a mobile home or accessory building subsequent to its initial installation without first obtaining a separate building permit for each such alteration, addition, enlargement, or repair from the Building Official.  Such permit issuance and fees therefor shall be pursuant to the Building Codes.

(B) Installation Requirements.

        1. General.  The installation of a mobile home upon a mobile home space shall comply with the manufacture's installation instructions as well as the provisions of this Subsection, the Building Codes, and other provisions of the City codes.  If the manufacture's installation instructions are not available the installation of such mobile home shall comply with the following standards:

Non-permanent Installation:  Provisions of the Federal Manufactured Home Construction and Safety Standards, NCSBCS/ANSI A225.1 - 1994 amended.
Permanent foundation installations:  Permanent foundation, Guide for Manufactured Housing, September 1996, amended; and Engineered foundation systems as designed by an architect or engineer licensed by the State of Colorado.

        2. Location on Property.  Mobile homes and accessory buildings shall be located on the mobile home space as follows:

(a) No mobile home shall be parked less than 7 feet 6 inches from the front boundary of the mobile home space, measured from the flowline of the curb and gutter of the road providing access to the space.  No mobile home shall be parked less than 3 feet from the side or rear boundaries of the mobile home space.
(b) Accessory buildings to mobile homes shall be located on the mobile home space so that no part of the accessory building is closer than 3 feet to the side or rear boundaries of the mobile home space nor closer than 7 feet 6 inches to the front boundary of the mobile home space.  Accessory buildings may be adjacent to mobile homes or other accessory buildings within the same mobile home space.
(c) Carport and patio cover structures shall not be erected closer than 3 feet to the side or rear boundaries of the mobile home space nor closer than 7 feet 6 inches to the front boundary of the space.  Patio and carport structures may be adjacent to mobile homes or accessory buildings within the same mobile home space.

        3. Pier Construction.  Piers shall be designed and constructed to distribute loads evenly.  Such piers shall be considered to resist vertical forces acting in a downward direction only and shall not be considered as providing any resistance to horizontal or uplift loads.  The construction and spacing of piers shall be as specified in the manufacturers installation instructions or in accordance with section 11-9-12(B)1.  Alternate materials and methods of construction may be used for piers when designed by an architect or engineer, licensed as such in the State of Colorado and approved by the Building Official.

        4. Anchorage.  Ground anchors shall be of the auger type and shall be designed and installed to transfer the anchoring loads to the ground.  The installation and spacing of all ground anchoring equipment shall be specified in the manufacture's installation instructions or in accordance with section 11-9-13(B)1.  Alternate materials and methods of construction may be used for the anchoring systems when designed by an architect or engineer licensed as such in the State of Colorado and approved by the Building Official.

        5. Building Service Equipment.  The installation, alteration, repair, replacement, addition to, or maintenance of all building service equipment within the mobile home park shall comply with the applicable plumbing, mechanical, and electrical provisions of the Building Codes.  Utility service shall not be provided to any building service equipment which is regulated by the Building Codes, and for which a mobile home set up permit is required by the Building Codes, until the building service equipment has been inspected and approved by the Building Official.

        6. Stairs and Landings.  Landings and stairways with hand railings and guard railings shall be provided at each exterior door from a mobile home.  Landings, stairways, guardrails and handrails shall comply with the provisions of the Building Code and shall be in place prior to requesting the set-up inspection.

        7. Skirting.  The area beneath each mobile home unit shall be enclosed with full perimeter skirting of material that is compatible with the exterior cladding of the mobile home unit.  At least one access opening not less than 18" in any dimension and not less than 3 square feet in area shall be provided and located so that any water supply and sewer drain connections located under the unit are accessible.  The skirting shall not be installed prior to the approval of the set-up inspection but shall be installed as soon as it is practical to do so after such inspection.

        8. Smoke Detectors.  Smoke detectors shall be located in each mobile home unit.  A detector shall be installed in each sleeping room and at a point centrally located in the hallway or area giving access to each separate sleeping area.  Smoke detectors added to satisfy the requirements of this Subsection may be of the battery-operated type and shall be installed in accordance with their listing.

EXCEPTION:  New mobile homes may have smoke detectors located per the State of Colorado, Division of Housing approval.

(C) Additions, Alterations, and Repairs to Mobile Homes.

        1. Permanent Additions.  No permanent additions of any type shall be built onto or become part of any mobile home unless designed and constructed to conform with the applicable provisions of the Federal Manufactured Home Construction and Safety Standards, NCSBCS/ANSI A225.1 - 1994.  A certificate of compliance issued by the manufacturer and verified by the State of Colorado shall be provided to the Building Official for any such addition.

        2. Carport and Patio Cover Structures.  Temporary carport and patio cover structures may be attached to and structurally supported by a mobile home when justified by engineering calculations or when approved by the Building Official.  All such structures shall be of light-weight metal, fiberglass, plastic, or other material similar in type and color to the exterior cladding of the mobile home unit and shall be entirely open on two or more sides.  All such structures shall be designed and approved in accordance with the applicable provisions of the Building Codes and other provisions of the City code.

        3. Structural Additions.  Accessory buildings or structures shall not be structurally supported by or attached to any mobile home unless engineered calculations are submitted to the Building Official to substantiate any proposed structural connection and approved by the Building Official; except that the Building Official may waive the submission of engineering calculations if he finds that engineering calculations are not necessary to show conformance to the requirements of the Building Codes.

        4. Fences.  Individual lot perimeter fences may be erected at the lot line of individual mobile home spaces.  Such fences shall be constructed of the chain link fencing and shall be of a standard design for the entire mobile home park.  The top of such fences shall not exceed 36 inches in height.  Fence permit issuance and fees therefor shall be in accordance with the provisions of this Code.


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