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TC Ord. No. 1995-05 Repealing and reenacting Chapter 15.24 of the Avon Muni CodeTOWN OF AVON ORDINANCE 95 -5 SERIES OF 1995 AN ORDINANCE REPEALING AND REENACTING CHAPTER 15.24 OF THE AVON MUNICIPAL CODE; ADOPTING BY REFERENCE THE "UNIFORM MECHANICAL CODE ", 1994 EDITION NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, STATE OF COLORADO, THAT: Chapter 15.24 of the Municipal Code of the Town of Avon is hereby repealed and reenacted to read as follows: SECTIONS: 15.24.010 ADOPTION 15.24.020 ADDITIONS OR MODIFICATIONS 15.24.030 SECTION 1 10 BOARD OF APPEALS 15.24.040 SECTION 115.2 PERMIT FEES 15.24.050 SECTION 303.2 GAS SHUTOFF VALVES REQUIRED 1524.060 SECTION' 06.1 MAIN BURNER CUTOFF 1524.070 SECTION 701.2 UNUSUALLY TIGHT CONSTRUCTION 15.24.080 SECTION 704 COMBUSTION -AIR DUCTS 15.24.090 SECTION 901 GAS LOGS IN FIREPLACES 15.24.100 SECTION 509 FANS, MOTORS AND SAFETY DEVICES 15.24.1 10 APPENDIX B SECTION 1313.1 1 BARBECUE OR FIREPLACE OUTLETS 15.24.120 VIOLATION 1524.130 PENALTY 15 24.140 REPEAL 1524.150 VALIDITY 15.24.010 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 1994 Edition of the Uniform Mechanical Code and all appendix chapters thereto. The Uniform Mechanical Code 1994 Edition is published by the International Conference of Building Officials, 5360 Workman Mill Road, Whittier, California, 90601 -2298. Three (3) copies of the Uniform Mechanical Code 1994 Edition are on file in the office of the Town Clerk, Town of Avon and are available for inspection during regular office hours. 15.24.020 ADDITIONS OR MODIFICATIONS. The Uniform Mechanical Code is amended and changed in Sections 15.24.030 through 15.24.100. 15.24.030 SECTION 110 - BOARD OF APPEALS. Section 110 is amended by adding the following: 110.3 Liability of Board Members. Any member 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. 15.24.040 SECTION 115.2 PERMIT FEES. Section 115.2 shall be amended to read as follows: 115.2 Permit Fees. The fee for each permit shall be as set forth in Table 1 -A of the Uniform Building Code 1994 Edition. 15.24.050 SECTION 303.2. Exception 1 is deleted in its entirety. 15.24.060 SECTION 306.1 MAIN BURNER CUTOFF. Section 306.1 is amended as follows: Delete "log lighters" from the EXCEPTION. 15.24.070 SECTION 701.2 UNUSUALLY TIGHT CONSTRUCTION. Section 701.2 is amended to read as follows: 701.2 Unusually Tight Construction. All Buildings in the Town of Avon shall be considered of unusually tight construction, all combustion air shall be obtained from outside. 15.24.080 SECTION 704 COMBUSTION -AIR DUCTS. Section 704.1 shall be amended by the addition of 7. All combustion air ducts shall extend to the immediate area of the appliance for which it serves. 15.24.090 SECTION 901. GAS LOGS IN FIREPLACES. Section 901.1 shall be amended as follows: 2. If the fireplace is equipped with a damper, it shall be removed. 4. All gas logs shall be equipped with a pilot safety device and have a listed safety shutoff valve. 15.24.100 SECTION 509 - FANS, MOTORS AND SAFETY DEVICES. Section 509.2 is amended as follows: 509.2 Where Required. Approved fire- extinguishing systems shall be provided for the protection of commercial -type cooking equipment. All kitchen hood systems required to have a fire- extinguishing system shall be provided with a monitored alarm system that shall be activated by the fire- extinguishing system. EXCEPTION: The requirement for protection does not include steam kettles and steam tables or equipment which as used do not create grease laden vapors. 15.24.110 APPENDIX B. SECTION 1313.11. BARBECUE OR FIREPLACE OUTLETS. Section 1313.11 is amended by adding the following: Gas outlets in a solid fuel burning fireplace are not permitted. 15.24.120 VIOLATION. The following clause concerning violations is set forth in full and adopted with reference to the Uniform Mechanical Code 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 done, contrary to or in violation of any of the provisions of any of the codes or standards named in the title of this ordinance. 15.24.130 PENALTY. Any person, firm or corporation violating any of the provisions of the Uniform Mechanical Code 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 or 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 punished by a fine of not more $1,000.00 or 90 days imprisonment, or both. 15.24.140 REPEAL. The repeal and re- enactment of any provision of the Municipal 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 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. 15.24.150 VALIDITY. That if any section, subsection, sentence, clause or phrase of the Uniform Mechanical Code 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 constitutionally 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 24th day of January, 1995 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 28th day of February, 1995, at T30 P.M. in the Municipal Building of the Town of Avon, Colorado. rent-, MAN ATTEST: i Patty Neyhart, own C erk INTRODUCED, PASSED ON SECOND RECORDING, APPROVED AND ORDERED POSTED, this 28th day of February , 1995. A4beit J-- Reynold- Myer- Celeste C. Nottingham, Mayor Pro -Tem ATTE ST: y Neyhart,\Town Clerk APPROVED AS TO FORM: Jo h Dunn, 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 -5, SERIES OF 1995: AN ORDINANCE REPEALING AND REENACTING CHAPTER 15.24 OF THE AVON MUNICIPAL CODE; ADOPTING BY REFERENCE THE "UNIFORM MECHANICAL CODE ", 1994 EDITION 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 Patty Ney art Town Clerk 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