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WHEREAS, Chapter 15.16 - Energy Conservation Code is no longer applicable as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Chapter 15.16 is hereby repealed and Chapter 15.08 of the Avon Municipal
Code is hereby repealed and reenacted to read as follows: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