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TC Ord. No. 1995-02 Repealing and reenacting Chapter 15.08 of the Avon Muni CodeTOWN OF AVON ORDINANCE NO. 95 -2 SERIES OF 1995 AN ORDINANCE REPEALING AND REENACTING CHAPTER 15.08 OF THE AVON MUNICIPAL CODE; ADOPTING BY REFERENCE THE 1994 EDITION OF THE UNIFORM BUILDING CODE VOLUMES 1, 2, AND 3, REPEALING CHAPTER 15.16 OF THE AVON MUNICIPAL CODE AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the 1994 Edition of the Uniform Building Code Volumes 1, 2, and 3 have been published; and WHEREAS, the Town of Avon wishes to adopt the most recent editions of these Uniform Codes, and WHEREAS, Chapter 15.16 - Energy Conservation Code is no longer applicable as written; and WHEREAS, adoption of 1994 Uniform Building Code Appendix Chapter 13 includes adoption of a current Model Energy Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO, THAT: Chapter 15.16 is hereby repealed and Chapter 15.08 of the Avon Municipal Code is hereby repealed and reenacted to read as follows: SECTIONS: 15.08.010 Adoption 15.08.020 Additions or Modifications 15.08.030 Section 105 - Liability of Board Members 15.08.040 Section 106.3 - Application for Permit 15.08.050 Section 107 - Fees 15.08.060 Section 107 - Fees 1.5.08.065 Section 108.1 - General 15.08.070 Section 108.5.6 - Final Inspection 15.08.080 Section 109 - Certificate of Occupancy 15.08.090 Section 109 - Certificate of Occupancy 15.08.100 Table 1 -A - Building Permit Fees 15.08.110 Section 214 -M 15.08.120 Section 3405 - Change in Use 15.08. 1330 Section 502 - Premises Identification 15.08.140 Section 3 10. 10 - Fire Alarm System 15.08.150 Section 711.3 - Special Provision 15.08.160 Section 402.3 - Enclosure of Atria 15.08.170 Section 1605.4 - Snow Loads 15.08.180 Section 1806.1 - General 15.08.190 Section 3102.3.8 - Spark Arrestor 15.08.200 Section 904.3 - Sprinkler System Monitoring and Alarms 15.08.210 Section 904.5 - Standpipes 15.08.220 Table 9 -A - Standpipe Requirements 15.08.230 Violation 15.08.240 Penalty 15.08.250 Repeal 15.08.260 Validity 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 hereby adopts the 1994 Edition of the Uniform Building Code, Volumes 1, 2, and 3 and Appendix Chapters 4 - Division 1, and Division 11, 1 1- Division 1, 12, 13, 15, 18, 19, 21, 2' ), 30 and 33 thereto. The adoption shall also include the fire resistive assemblies listed in the Fire Resistance Design Manual, Thirteenth Edition, dated April 1992, published by the Gypsum Association as referenced in Tables 7 -A, 7 -13, 7 -C and Appendix Chapter 12 of the 1994 Uniform Building Code. The 1994 Edition of the Uniform Building Code Volumes 1, 2, and 3 is published by the International Conference of Building Officials, 5360 Workman Mill Road, Whittier, California 90601 -2298. Three (3) copies of the Uniform Building Code, Volumes 1, 2, and 3, 1994 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 1994 Edition is amended and changed as described in Sections 15.08.030 through 15.08.220. 15.080.030 SECTION 105 LIABILITY OF BOARD MEMBERS. Section 105 is amended by adding the following: 1053 Limitation of Liability. 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 106.3, Application for Permit. Section 106.3 is amended by adding the following to section 106.3.1 8. Be accompanied by a recent survey, plat and legal description of the proposed building site or property, prepared by a registered land surveyor, licensed to practice in the State of Colorado at 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 - eighths inches in diameter, 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. 9. When construction is proposed in a "flood plain 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. 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. I I . 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. 15.08.050 SECTION 107 FEES: Section 107. is amended by adding the following to Section 107.2. 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 Magazine of the International Conference of Building Officials multiplied by 1.35. 15.08.060 SECTION 107 - FEES. Section 107 is amended by adding the following: 107.7 Contractor Licensing. All contractors, except Electrical Contractors, shall purchase a license for conducting work within the Town of Avon. Established annual fees are as follows 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 per person; six hundred thousand dollars per accident; and fifty thousand dollars property damage before a contractor's license is issued. 15.08.065 SECTION 108.1 GENERAL. The fourth paragraph of Section 108.1 is hereby amended to read as follows: An "Improvement Location Certificate" shall be prepared by a licensed professional land surveyor following completion of building foundation and submitted to the Building Official for review prior to, and as, a condition to further inspections. Said "Improvement Location Certificate" shall include in addition to statutory requirements, building setback lines per Town of Avon Zoning Code and the elevations of the top of the foundations relative to a benchmark established by topographic survey of property. Building construction shall not proceed if "Improvement Location Certificate" indicates building foundation does not conform either vertically or horizontally with approved design review and building permit plans, or if any setback encroachment or building height violation would occur as a result of completing construction in accordance with approve plans. No construction shall proceed until all apparent discrepancies have been resolved and any approvals which are required by the Town of Avon Municipal Code have been obtained. 15.08.070 SECTION 108.5.6 FINAL INSPECTION. Section 108.5.6 is amended to read as follows: To be made after all exterior landscaping, paving, painting, grading and clean -up is complete and the interior of the structure has been finish painted, all trim installed, carpet and floor finishes installed, cleaned up and ready for occupancy. 15.08.080 SECTION 109 CERTIFICATE OF OCCUPANCY Section 109 is amended by adding the following: 109.7 Cleanup and Landscaping Deposit. No certificate of occupancy shall be issued until cleanup and landscaping, including grading, drainage, paving, lighting and installation of irrigation system has been completed 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, thereby, 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 approval. 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 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. If the permit holder fails or refuses to complete the clean up and landscaping, as defined in this chapter, such failure or refusal shall be a violation hereof, punishable under section 15.08.240 hereof. 15.08.090 SECTION 109 CERTIFICATE OF OCCUPANCY Section 109 is amended by adding the following: 109.8 Clean -up During Construction. 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 payable 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 sprinkled as required by the Building Official to prevent blowing of dust. In determining whether or not sprinkling shall be required, the Building Official shall consider availability of water, weather conditions and other relevant factors. 15.08.100 TABLE 1 -A BUILDING PERMIT FEES. Table 1 -A is amended by adding the following fees: Demolition Valuation Per Demolition Cost. Manufactured Homes $50.00 per home 15.08.110 SECTION 214 -M. Section 214 -M is amended to add the following definition: MONITORED is the sending of fire alarm signals using circuits installed in accordance with the current edition of N.F.P.A. Standard 71 to transmit alarm, supervisory and trouble signals from one or more protected premises to an approved remote station monitoring center at which appropriate action is taken. 15.08.120 SECTION 3405 - CHANGE IN USE. Section 3405 last sentence is revised to read as follows. The Building Official, along with the Fire Chief, may issue a certificate of Occupancy pursuant to the intent of the above exception without certifying that the building complies with all provisions of this code. 15.08.130 SECTION 502- PREMISES IDENTIFICATION. Section 502 is amended with the addition of Whenever approved numbers or addresses 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 building shall have a number, address or other approved unit or building identification. 15.08.140 SECTION 310.10 FIRE ALARM SYSTEMS. Section 310.10 is amended to read as follows: Group R, 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. In any mixed occupancy containing any Group R, Division 3 Occupancy there shall be an automatic and manual fire alarm system. For the purpose of this article, area separation walls shall not define separate buildings, and the number of stories in occupancies other than Group R, Division 3 shall mean all habitable levels of a structure including, but not limited to, basements, garden levels, mezzanines, lofts and floors. 15.08.150 SECTION 711.3 SPECIAL PROVISION. Section 711.3 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. The factory built chimney enclosure shall not contain any superfluous items such as gas line, conduit, electric boxes, etc. 15.08.160 SECTION 402.3 ENCLOSURE OF ATRIA. Section 402.3 EXCEPTION is amended as follows: EXCEPTION: All doors opening into the atrium from any Group A, B, E, or M Occupancy shall be maintained automatic closing, in accordance with Section 713.2 by activation of a smoke detector, or self - closing may be used when protected as required for glazed openings in Exception 2 Below. 15.08.170 SECTION 1605.4 SNOW LOADS. Section 1605.4 is amended by adding the following: The snow load for the Town of Avon shall be 75 pounds per square foot except for those areas above 8600 feet in elevation where the snow load shall be 90 pounds per square foot. Snow Load reduction for roof pitch shall only be allowed if designed by a registered professional engineer, and approved by the Building Official. 15.08.180 SECTION 1806.1 GENERAL. Section 1806.1 is amended to read as follows: General. Footings and foundations shall be continuously connected from foundation wall to footing and shall be constructed of masonry, concrete on treated wood in conformance with Division II and shall extend below the frost line. Footings of concrete and masonry shall be of solid material and be continuous. Foundations supporting wood shall extend at least 6 inches above the adjacent finish grade. Frost line for the Town of Avon is 48 inches and footings shall have a minimum depth below finished grade of 48 inches. This depth may be modified when substantiated by a foundation investigation, designed by a registered engineer and approved by the Building Official. 15.08.190 SECTION 3102.3.8. SPARK ARRESTOR Section 3102.3.8 first sentence is revised to read as follows: Chimneys attached to any appliance or fireplace that burns solid fuel shall be equipped with an approved spark arrester and there shall be no exceptions. 15.08.200 SECTION 904.3 SPRINKLER SYSTEM MONITORING AND ALARMS. Section 904.3.1 is amended to read as follows: 904.3 -1 Where Required 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. 15.08.210 SECTION 904.5 STANDPIPES. Section 904.5.2 is amended to read as follows: 904.5.2 Where Required. Standpipe systems shall be provided as set forth in Table No. 9 -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. 15.08.220 TABLE 9 -A STANDPIPE REQUIREMENTS. Table 9 -A Standpipe Requirements is amended as follows: TABLE 9 -A STANDPIPE REQUIREMENTS NON- SPRWKLERED SPRINKLERED BUILDINGS BUILDINGS OCCUPANCY Standpipe Hose Standpipe Hose Class Requirements Class Requirements 1. Occupancies exceeding 150 ft. in height and more I NO I NO than one story 2. Occupancies more than 2 stories but less than 150 I NO I NO ft. in height except Group R, Div. 3 3. Group A occupancies with occupant load I NO I NO exceeding 1000 4. Group A, Div. 2.1 occupancies over 5000 I NO I NO square feet in area used used for exhibition 5. Groups I, H, B, S, M, F, Div. l occupancies less than 4 stories in I NO I NO height but greater than 20,000 square feet per floor 1. Except as otherwise specified in Item 4 of this table, Class I standpipes need not be provided in basements having an automatic fire- extinguishing system throughout. 2. The standpipe system may be combined with the automatic sprinkler system. 3. Portions of otherwise sprinklered buildings which are not protected by automatic sprinklers shall have Class I standpipes installed as required for the unsprinklered portions. 4. Class I standpipes need not be provided in assembly areas used solely for worship. 15.08.230 VIOLATION. The following clause concerning violations is set forth in full and adopted with reference to the Uniform Building Code Volumes 1, 2, and 3 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 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. 1 _5.08.240 PENALTY. Any person, firm or corporation violating any of the provisions of this Chapter 15.08 or of the provisions of the Uniform Building Code, Volumes 1, 2, and 3 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 punishable by a fine of not more than $1,000.00 or 90 days imprisonment, or by both. 15.08.250 REPEAL. 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, violation that occurred 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. 15.08.260 VALIDITY. That if any section, subsection, sentence, clause, or phrase of the Uniform Building, Code Volumes 1,2, and 3 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 subsection, sentences, clauses and phrases be declared unconstitutional. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this 24th day of January, 1995 and a public hearing on the Ordinance shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado on the 28th day of February, 1995 at 7:30 P.M. in the Municipal Building of the Town of Avon, Colorado. 4AIbert J. Reynol , Mayor ST: Patty Neyhart, Town Clerk INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED, this 28th day of February , 1995 A}bert7J7 Reyno1 s- Ar y0r- Celeste C. Nottingham, Mayor Pro -Tem EST: Patty Neyhart, Town Clerk .APPROVE AS TO FORM: t nDunn, Town Attorney 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 28TH DAY OF FEBRUARY, 1995, AT THE TOWN MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 95 -2, SERIES OF 1995: AN ORDINANCE REPEALING AND REENACTING CHAPTER 15.08 OF THE AVON MUNICIPAL CODE; ADOPTING BY REFERENCE THE 1994 EDITION OF THE UNIFORM BUILDING CODE VOLUMES 1, 2, AND 3, REPEALING CHAPTER 15.16 OF THE AVON MUNICIPAL CODE 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 30th day of January, 1995. TOWN OF AVON, COLORADO BY: atty Ne art Town Cler POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON JANUARY 30, 1995; AVON POST OFFICE IN THE MAIN LOBBY CITY MARKET IN THE MAIN LOBBY COASTAL MART, INC.; AND AVON MUNICIPAL BUILDING IN THE MAIN LOBBY