TC Ord. No. 1992-05 Repealing and reenacting Chapter 15.08 Adopting by reference the 1991 EditionsTOWN OF AVON
ORDINANCE NO. 92 - 05
SERIES OF 1992
AN ORDINANCE REPEALING AND REENACTING
CHAPTER 15.08; ADOPTING BY REFERENCE
THE 1991 EDITIONS OF THE UNIFORM
BUILDING CODE AND THE UNIFORM BUILDING
CODE STANDARDS; AND REPEALING CHAPTER
15.04 ADMINISTRATIVE CODE OF THE MUNICIPAL
CODE OF THE TOWN OF AVON AND SETTING FORTH
DETAILS IN REGARD THERETO
WHEREAS, the 1991 editions of the Uniform Building Code and
the Uniform Building Code Standards have been published; and
WHEREAS, the Town of Avon wishes to adopt the most recent
editions of these Uniform Codes; and
WHEREAS, Chapter 15.04 and 15.08 are presently obsolete.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO, THAT:
1. Chapter 15.04 of the Municipal Code is hereby repealed.
2. Chapter 15.08 of the Municipal Code is hereby repealed
and reenacted to read as follows:
CHAPTER 15.08
15.08.010 Adoption.
The Charter of the Town of Avon, Section 6.9, provides that
standard codes may be adopted by reference with amendments.
The Town of Avon hereby adopts the 1991 edition of the
Uniform Building Code and all appendix chapters thereto,
excepting appendix chapters 1, 7, 10, 23, 38, 49, 53, 55,
and 57. The adoption shall also include the fire resistive
assemblies listed in the Fire Resistance Design Manual,
Twelfth Edition, dated August 1988, published by the Gypsum
Association as referenced in Tables 43-A, 43-B, 43-C and
Appendix Chapter 35 of the 1991 Uniform Building Code.
The Town of Avon hereby adopts the 1991 Edition of the
Uniform Building Code Standards and all appendix
chapters thereto. The Uniform Building Code 1991
Edition and the Uniform Building Code Standards
1991 Edition is published by the International Conference
of Building Officials, 5360, South Workman Mill Road,
Whittier, California 90601. Three (3) copies of the
Uniform Building Code, 1991 Edition are on file in the
office of the Town Clerk, Town of Avon and are available
for inspection during regular business hours.
15.08.020 Additions or Modifications.
The Uniform Building Code 1991 Edition is amended and changed
as described in Sections 15.08.030 through 15.08.290.
15.08.030 SECTION 204 LIABILITY OF BOARD MEMBERS.
Section 204 is amended by adding the following:
(c) Any members of the Board provided for herein
acting in good faith and without malice for the Town of Avon in
the discharge of their duties, shall not thereby render themselves
personally liable. The members are hereby relieved from all
personal liability for any damage that may accrue to persons or
property as a result of any act or omission related to the
discharge of their duties. Any suit brought against a member or
members of the board as provided herein, because of such act or
omission performed by them in the discharge of their duties, shall
be defended by the Town of Avon until final termination of the
proceedings.
15.08.040 SECTION 302 (a) SURVEY, PLAT AND LEGAL
DESCRIPTION. Section 302 (a) is amended by adding the following:
8. Be accompanied by a recent survey, plat anto
legal description of the proposed building site or property,
prepared by a registered land surveyor, licensed to practice in
the State at the time of application for a building permit. The
surveyor making the plat shall certify thereon that it is correct
and that the perimeter monuments described therein have been
placed as described and affixed his name and seal. Permanent
reference monuments shall be set and marked and shall be made of
#5 reinforcing bar with a metal cap at least one and three-e;gr,ts
inches in diamenter, and shall protrude no more than four inches
from the ground. The plat submitted shall reflect the type of
monuments set on the property corners and the location and
dimensions of all easements or rights-of-way of record or known,
except when a building permit is sought to reconstruct or remodel
totally within the limits of an existing building or structure.
15.08.050 SECTION 302 (a). Section 302 (a) is
amended by adding the following:
9. When construction is proposed in a "floodplain
area" the application shall be accompanied by elevations of the
lowest floor of new or substantially improved structures in said
areas. If the lowest floor is below grade on one or more sides,
the elevation of the floor immediately above must also be
submitted.
15.08.060 SECTION 302 (a). Section 302 (a) is
amended by adding the following:
10. Plans and specifications for the fire alarm
components are to be submitted to the fire department for
approval. Specifications are to list components by brand name
and type whenever possible, and drawings showing actual locations
for system components are to accompany the specifications.
15.08.070 SECTION 302 (a). Section 302 (a) is
amended by adding the following:
11. Plans and calculations for the design and
construction of fire sprinkler systems shall be submitted along
with the building plans and specifications for the building
permit. No building permit shall be issued until all plans,
calculations and specifications have been reviewed and accepted
for conformance with this code and other pertinent laws and
ordinances, and that the required fees have been paid.
EXCEPTION: The Fire Chief may authorize the
issuance of the building permit without final approval of the
plans and calculations for the design and construction of the fire
sprinkler system only for special circumstances approved by the
Fire Chief.
15.08.080 SECTION 304 (b) VALUATION. Section 304
(b) is amended by adding to the last paragraph:
The valuation shall be based on the average cost
figures per square foot shown in the building valuation data chart
published bi-monthly in the Building Standards Maqazine of the
International Conference of Building Officials.
15.08.090 SECTION 304 CONTRACTOR LICENSING.
Section 304 is amended by adding the following:
(g) All contractors, except Electrical
Contractors, shall purchase a license for conducting work within
the Town of Avon.
Established fees are as follows:
Annual Fee
Class I General Contractor $125.00
Class II Other Contractors $ 35.00
Class III Municipal Contractors $ 75.00
Licenses issued pursuant to this section shall be
valid for a period of exactly one year from the date of issue.
Every contractor, including electrical contractors,
shall provide current certificate of insurance for statutory
workman's compensation, and public liability of one hundred
fifty thousand dollars/person; four hundred thousand dollars/ per
accident; and fifty thousand dollars property damage before a
contractor's license is issued.
15.08.100 SECTION 305 (e) 5 FINAL INSPECTION.
Section 305 (e) 5. is amended by adding the folowing:
To be made after the interior of the structure has
been finish painted, all trim installed, carpet and floor finishes
installed, cleaned up and ready to move into structure. Exterior
shall have all landscaping, paving, painting, grading and clean-up
completed and ready for occupancy.
15.08.110 SECTION 308 CLEANUP AND LANDSCAPING
DEPOSIT. Section 308 is amended by adding the following:
(h) Cleanup and landscaping deposit. No
certificate of occupancy shall be issued until cleanup and
landscaping, including grading, drainage, paving, lighting an
installation of irrigation systems has been complete or payment of
a cleanup and landscaping deposit has been made. The deposit
shall be paid in cash and shall be paid to the Town. In lieu of
cash, and upon showing to the Town that adequate security will be
provided therby, the deposit may be by letter of credit, written
commitment of a lending institution that funds have been set aside
or a corporate completion bond including written undertaking of
the surety to complete the work upon demand of the Town. The
amount of the deposit required shall be based upon a current bid
by a reputable contractor, good for sufficient time to allow
completion of the work, or upon some other basis deemed comparable
by the Town. The bid shall be based upon completion of all
remaining work indicated on plans approved by the Planning and
Zoning Commission and any subsequent conditions of approvai.
In the case of cleanup and landscaping deposits
made during months of May through August, all work covered by the
deposit shall be completed within sixty days. In the case of
cleanup and landscaping deposits made during the months of
September through April, all work covered by the deposit shall be
completed by the end of the ensuing June. If the cleanup and
landscaping, as defined in this chapter, is not completed by the
permit holder to the satisfaction of the Town within the
prescribed timeframes, the Town may, but shall not be obligated
to, complete such cleanup and landscaping, the cost of doing so,
together with a fee in the amount of twenty percent of such costs,
shall be charged to the permit holder and deducted from the cash
deposited. If the costs, plus the fee, exceeds the amount of the
deposit, the excess together with interest at twelve percent per
annum, shall be a lien against the property and may be collected
by civil suit or may be certified to the treasurer of Eagle County
to be collected in the same manner a delinquent ad valorem taxes
levied against such property.
15.08.120 SECTION 308 CLEANUP DURING CONSTRUCTION.
Section 308 is amended by adding the following:
(i) Job sites shall be kept clean and orderly at
all times, and if it becomes necessary for the Town to clean
and/or haul debris or material from the site, after reasonable
notice to do so, a reasonable sum for such services shall be
charged to the permit holder, which sum shall be Qayable at
the time a certificate of occupancy is issued. Construction
debris shall be stored in one general location on the site and
shall be removed weekly by the permit holder or his agent. Job
sites further shall be sprinklered as required by the Building
Official to prevent blowing of dust. In determining whether or
not sprinkerling shall be required, the Building Official shall
consider availability of water, weather conditions and other
relevant factors.
15.08.130 TABLE 3-A BUILDING PERMIT FEES. Table
3-A is amended by adding the following fees:
TABLE 3-A BUILDING PERMIT FEES
Demolition $10.00
Manufactured Homes $25.00 per home
15.08.140 SECTION 414. Section 414 is amended to
add the following definition:
MONITORED is the sending of fire alarm signals
using circuits installed in accordance with the 1987 edition of
N.F.P.A. Standard 71 to transmit alarm, supervisory and trouble
singals from one or more protected premises to an approved remote
station monitoring center at which appropriate action is taken.
is
15.08.150 SECTION 502. Section 502 last sentence
revised to read as follows:
The Building Official, along with the Fire Chief,
may issue Certificate of Occupancy pursuant to the intent of the
above exception without certifying that the building complies with
all provisions of this code.
15.08.160 SECTION 513. Section 513 is amended with
the addition of:
Whenever approved numbers or aadresses are not
plainly visible and legible from the street or road fronting the
property due to distance, topography or vegetation, an approved
sign or post with such numbers or addresses shall also be
installed at the street or road at a point giving access to the
structure or building.
In R-1 occupancies, each separate and distinct unit
or separate buildings shall have a number, address or other
approved unit or building identification.
15.08.170 SECTION 1211 FIRE ALARM SYSTEMS. Section
1211 is amended to read as follows:
Group E. Division 1 Occupancies shall be provided
with a manual and automatic fire alarm system in apartment houses
three or more stories in height or containing 12 or more dwelling
units, in hotels three or more stories in height or containing 20
or more guest rooms, and in congregate residences three or more
stories in height or having an occupant load of 20 or more. A
fire alarm and communication system shall be provided in Group R,
Division 1 Occupancies located in a high-rise building as set
forth in the Building Code.
In any mixed occupancy containing any Group R,
Division 3 Occupancy there shall be an automatic and manual fire
alarm system.
.For the
walls shall not deifne
stories in occupancies
mean all habitable lev,
limited to, basements,
floors.
purpose of this article, area separation
separate buildings, and the number of
other than Group R. Division 3 shall
als of a structure including, but not
garden levels, mezzanines, lofts and
15.08.180 SECTION 1706 (c) FACTORY BUILT CHIMNEY.
Section 1706 (c) third paragraph is amended as follows:
In one and two-story buildings other than Group I
Occupancies, gas vents, ducts, and piping which extend through not
more than two floors need not be enclosed, provided the openings
around the penetrations are fire stopped at each floor. All
factory built chimneys shall be enclosed in a minimum 1 hour
enclosure with clearance to combustibles in accordance with the
manufacturers listing or the Uniform Mechanical Code, which ever
is more stringent.
15.08.190 SECTION 1716 (c) ENC_OSURE IN ATRIA.
EXCEPTION. Section 1716 (c) EXCEPTION is amended as follows:
EXCEPTION: All doors opening into the atrium from
any Group B, A, M, or E Occupancy shall be maintained automatic
closing in accordance with Section 4306 (b), by activation of a
smoke detector, or self-closing may be used when protected as
required for glazed openings in Exception 2 below.
15.08.200 SECTION 2305 (d) SNOW LOADS. Section
2305 (d) is amended by adding the following:
The snow load for the Town of Avon shall be 75
pounds per square foot.
Snow load reduction for roof pitch allowed if
stamped by a registered professional engineer.
15.08.210 SECTION 2907 (a) FROST DEPTH. Section
2907 (a) is amended by adding the following:
1. General frost line for the Town o= Avon 's 46
inches.
2. Footings shall have a minimum depth, but may oe
modified when substantiated by a foundation investigation,
designed by an engineer and approval of the Building Official.
15.08.220 SECTION 3703 (h). Section 3703 (h) first
sentence is revised to read as follows:
Within the Town of Avon, chimneys attached to any
appliance or fireplace that burns solid fuel shall be equipped
with an approved spark arrester, there shall be no exceptions.
15.08.230 SECTION 3802 (d) Group B, Division 2
Occupancies. Section 3802 (d) is amended to read as follows:
An automatic sprinkler system shall be installed in
Group B, Division 1 and 2 Occupancies where the floor area exceeds
12,000 square feet on any floor or 24,000 square feet on all
floors. The area of mezzanines shall be included in determining
the areas where sprinklers are required.
15.08.240 SECTION 3803 SPRINKLER ALARMS. Section
3803 is amended to read as follows:
All valves controlling the water supply for
automatic sprinkler systems and water-flow switches on all
sprinkler systems shall be electrically supervised.
Valve supervision and water-flow alarm and trouble
signals shall be distinctly different and shall be automatically
transmitted to an approved remote station monitor.
EXCEPTION: Underground key or hub valves in
roadway boxes provided by the municipality or public utility need
not be supervised.
15.08.250 SECTION 3805 (b) STANDPIPES. Section
3805 (b) is amended to read as follows:
Standpipe systems shall be provided as set forth in
Table No. 38-A. In any occupancy other than R-3, where fire
department vehicular access to within 20 feet of 50% of the
exterior perimeter, including access to at least one side of the
highest portion of the building is not provided, the Fire Chief
may require Class 1 standpipes in locations as the Chief may deem
necessary.
15.08.260 TABLE NO. 38-A STANDPIPE REQUIREMENTS.
Table No. 38-A Standpipe Requirements is amended as follows:
NON-SPRINKLI~RED
SPRINKLEREI~
BUILDINGS'
BUILDINGS
II
CC C 'U P ANC
Stan pipe
Hose
Standpipe
Hose
Class
Requirement
Class
Requirement
1. Occupancies exceeding 150ft.
in height and tore :man one
III
YES
I
NO
stor7
2. Occupancies yore than
storms ut less than 150ft.
I 1 11
S
I
NO
in height except Group L
YES
Div. .
3. Grou3 ► )c'-Upancies •41th
occupant 'pad exceed`.,a 1000°
II
YES
I
40
4. Grout A, Div. 2.1 oc^upancies
over :000 souare reet in area
II
YES
I
YES
used far exhibition
5. Groups 1,3,9, Div. 1, 2 or 3
Occupancies less than 4
II4
YES
I
NO
storie=.:n height but greater
than 0.?00 square feet per
floor
E:cept as ot:errise saecified in Item 4 of this table, Gass IT standpipes need not be
prcvide in. asement_: aavinq an automatic fire---Xt=nquisning systam thrrvctojt.
~~dpipe •sram may be crnbined :Zth the autanatic sprinkler system.
-Por--cns of otherwise sprinkle-red buildings which are not protected by autanatic sprinklers
shall have Class I standpipes installed as required for the unsprinklered portions.
!In wen str t=ires where Class II standpipes may be damaged by freezing the building
official or fire chief may authorize the use of Class I standpipes which are located as required for
Class II standpipes.
SI.3ose is required for Class II standpipes only.
6Class II standpipes need not be provided in assembly areas used coley for vorship.
15.08.240 SECTION 3803 SPRINKLER ALARMS. Section
3803 is amended to read as follows:
All valves controlling the water supply for
automatic sprinkler systems and water-flow switches on all
sprinkler systems shall be electrically supervised.
Valve supervision and water-flow alarm and trouble
signals shall be distinctly different and shall be automatically
transmitted to an approved remote station monitor.
EXCEPTION: Underground key or hub valves in
roadway boxes provided by the municipality or public utility need
not be supervised.
15.08.250 SECTION 3805 (b) STANDPIPES. Section
3805 (b) is amended to read as follows:
Standpipe systems shall be provided as set forth in
Table No. 38-A. In any occupancy other than R-3, where fire
department vehicular access to within 20 feet of 50% of the
exterior perimeter, including access to at least one side of the
highest portion of the building is not provided, the Fire Chef
may require Class 1 standpipes in locations as the Chief may deem
necessary.
15.08.270 VIOLATION. The following clause
concerning violations is set forth in full and adopted with
reference to the Uniform Building Code and Uniform Buildinq Code
Standards named in the title of this chapter:
It shall be unlawful for any person, firm or
corporation to erect, construct, alter, move, demolish, repair,
use and occupy any building or structure and building service
equipment, or maintain any building or structure in the Town of
Avon or cause or permit the same to be one, contrary to or in
violation of any of the provisions of any of the codes or
standards named in the title of this ordinance.
15.08.280 PENALTY. Any person, firm or corporation
violating any of the provisions of the Uniform Building Code or
Uniform Building Code Standards named in the title of this chapter
shall be deemed guilty of a misdemeanor, and any such person, firm
or corporation shall be deemed guilty of a separate offense for
each and every day or portion thereof during which any violation
of any of the provisions of any of the codes and standards named
in the title of this chapter is committed, continued or permitted,
and upon conviction of any such violation, such person, firm or
corporation shall be guilty of a misdemeanor and punisher by a
fine of not more than $300.00 or 90 days imprisonment, or by both.
15.08.290 REPEAL. Part II Repeal. - The repeal or
the repeal and re-enactment of any provision of the Code of the
Town of Avon, Colorado as provided in this Ordinance shall not
effect any right which has accrued, any duty imposed, any
violation that occured prior to the effective date hereof, any
prosecution commenced, nor any other action or proceeding as
commenced under or by virtue of the provision repealed or repealed
and re-enacted. The repeal of any provision hereby shall not
revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
15.08.300 VALIDITY. That if any section,
subsection, sentence, clause, or prase of the Uniform Building
Code or Uniform Building Code Standards named in the title of this
chapter, is for any reason, held to be invalid or
unconstitutional, such decision shall not affect the validity or
constitutionality of the remaining provisions of these
ordinances. The Town of Avon hereby declares that it would have
passed these ordinances, and each section, subsection, clause or
phrase hereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared
unconstitutional.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED,
this 14th day of April , 1992 and a
public hearing on this Ordinance shall be held at the regular
meeting of the Town Council of the Town of Avon, Colorado on the
12th
day of May 1992 at
7:30 P.M. in the Municipal Building of the Town of Avon, Colorado.
L~'~ 1L
Jerr Davis Mayor
ATTEST:
Patty Neyhart,\Town Clerk
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED,
this 12th
day of May , 1992.
I
Jer y Davi , Mayor
ATTEST:
Patty Ney art, own Clerk
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN
COUNCIL OF THE TOWN OF AVON, COLORADO, AT 7:30 P.M. ON THE
12TH DAY OF MAY, 1992, AT THE TOWN HALL FOR THE PURPOSE
OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 92-5, SERIES OF
1992:
AN ORDINANCE REPEALING AND REENACTING CHAPTER 15.08; ADOPTING
BY REFERENCE THE 1991 EDITIONS OF THE UNIFORM BUILDING CODE
AND THE UNIFORM BUILDING CODE STANDARDS; AND REPEALING CHAPTER
15.04 ADMINISTRATIVE CODE OF THE MUNICIPAL CODE OF THE TOWN OF
AVON AND SETTING FORTH DETAILS IN REGARD THERETO
A copy of said Ordinance is attached hereto, and is also on
file at the office of the Town Clerk, and may be inspected
during regular business hours.
Following this hearing the Council may consider final passage
of this Ordinance.
This notice is given and posted by order of the Town Council
of the Town of Avon, Colorado.
Dated this 16th day of April, 1992.
TOWN OF AVON, COLORADO
Patty Neyhart
Town Cle k
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON
ON APRIL 16, 1992:
AVON POST OFFICE IN THE MAIN LOBBY
CITY MARKET IN THE MAIN LOBBY
COASTAL MART, INC.; AND
AVON MUNICIPAL BUILDING IN THE MAIN LOBBY