TC Ord. No. 2010-02 Adopting the 2009 International Bldg. Codes By Reference & Repealing & Reenacting Portions of Title 15 of the Avon Muni CodeTOWN OF AVON, COLORADO
ORDINANCE NO. 10 -02
SERIES OF 2010
AN ORDINANCE ADOPTING THE 2009 INTERNATIONAL BUILDING
CODES BY REFERENCE AND REPEALING AND REENACTING
PORTIONS OF TITLE 15 OF THE AVON MUNICIPAL CODE
WHEREAS, pursuant to C.R.S. §31 -15 -103, §31 -15 -104, and §31 -20 -105 and pursuant to the
home rule powers of the Town of Avon ( "Town'), the Town Council has the power to adopt
building code regulations, to provide penalties for violations of adopted building codes, to elect
to collect delinquent charges and assessments by certifying such amounts to the Eagle County
treasurer, and make and publish ordinances necessary and proper to provide for the safety,
preserve the health, promote the prosperity, and improve the morals, order, comfort, and
convenience of its inhabitants; and
WHEREAS, the Town Council finds that the adoption of the 2009 International Building Codes
will improve the standards for construction and maintenance of buildings and will thereby
promote the health, safety and general welfare of the Avon community; and
WHEREAS, the Town Council desires to adopt the 2009 International Building Codes by
reference with certain amendments as described in this ordinance; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply the requirements of the Avon Home Rule Charter by setting a
public hearing in order to provide the public an opportunity to present testimony and evidence
regarding the application and that approval of this Ordinance on first reading does not constitute
a representation that the Town Council, or any member of the Town Council, supports, approves,
rejects, or denies this ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by
reference and adopted as findings and determinations of the Town Council.
Section 2. Repealed. Avon Municipal Code Chapters 15.08, 15.09, 15.12, 15.20, 15.24, 15.32,
15.36, 15.40, 15.44, and 15.48 are hereby repealed in their entirety.
Section 3. New Code Sections Enacted. Avon Municipal Code Chapters 15.02, 15.04, 15.06,
15.08, 15.10, 15.12, 15.14, 15.16, 15.18, 15.20, 15.22, 15.24, 15.26 and 15.27 are hereby enacted
to read as follows:
"Chapter 15.02 Definitions
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Chapter 15.04 Violations, Penalties, Stop Work Orders, Abatement
15.04.010 Violations
15.04.020 Penalties
15.04.030 Stop Work Orders
15.04.040 Abatement of Unsafe Conditions, Declaration of Nuisance
Chapter 15.06 Board of Appeals
15.06.010 Appeals to Town Council
15.06.020 Limitations on Authority
15.06.030 Limitations on Liability
Chapter 15.08 International Building Code
15.08.010 Adoption
15.08.020 Additions or Modifications
15.08.030 Section 104 — Duties and Powers of the Building Official
15.08.035 Section 105 — Permits
15.08.036 Section 106 — Floor and Roof Design Loads
15.08.040 Section 107.2.5 — Site Plan
15.08.050 Section 109 — Fees
15.08.060 Section 110 — Inspections
15.08.070 Section 111 — Certificate of Occupancy
15.08.080 Section 113 — Board of Appeals
15.08.090 Section 115 — Stop Work Order
15.08. 100 Section 501.2 — Premises Identification
15.08.110 Section 1204 — Temperature Control
15.08.120 Section 1603.2 — Ground Snow Loads
15.08.125 Section 1608.2 — Boulder Walls
15.08.130 Section 1704 — Special Inspections
15.08.140 Section 1809.5 — Frost Protection
15.08.150 Chapter 30 — Elevators and Conveying Systems
15.08.160 Appendix J — Grading
15.08.300 Violation
15.08.3 10 Penalty
15.08.320 Repeal
15.08.330 Validity
Chapter 15.10 International Residential Code
15.10.010 Adoption
15.10.020 Additions or Modifications
15.10.030 Section R104 —
Duties and Powers of the Building Official
15.10.040 Section R105 —
Permits
15.10.050 Section R106.2
— Site Plan
15.10.060 Section R108 —
Fees
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15.10.070 Section R109 —
Inspections
15.10.080 Section R110 —
Certificate of Occupancy
15.10.090 Section R112 —
Board of Appeals
15.10.100 Section R114.1
— Stop Work Order
15. 10.110 Table R301.2 (1) — Climatic and Geographic Design Criteria
15.10.115 Section R313 —
Automatic Fire - Sprinkler Systems
15.10.120 Section R319 —
Site Address
15.10.140 Section R403.1.4 — Minimum Depth
15.10.300 Violation
15.10.3 10 Penalty
15.10.320 Repeal
15.10.330 Validity
Chapter 15.12 National Electrical Code
15.12.010 Adoption
15.12.020 Administration — Fees
15.12.300 Violation
15.12.3 10 Penalty
15.12.320 Repeal
15.12.330 Validity
Chapter 15.14 International Plumbing Code
15.14.010 Adoption
15.14.020 Additions or Modifications
15.14.030 Organization and Enforcement
15.14.040 Section 103.1.3 — Department of Plumbing Inspection
15.14.050 Section 106 — Fee Schedule
15.14.060 Section 306 — Trenching, Excavation and Backfill
15.14.065 Section 412.5 — Mechanical Rooms
15.14.070 Section 606.2 — Location of Shutoff Valves
15.14.080 Section 906 — Vent Termination
15.14.300 Violation
15.14.3 10 Penalty
15.14.320 Repeal
15.14.330 Validity
Chapter 15.16 International Mechanical Code
15.16.010 Adoption
15.16.020 Additions or Modifications
15.16.030 Section 106.5.2 — Fee Schedule
15.16.040 Section 109 — Means of Appeal
15.16.043 Table 403.3 Minimum Ventilation Rates
15.16.046 Section 903.3 — Unvented Gas Log Heaters
15.16.050 Section 701 — Combustion Air, General
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15.16.060 Section 902 — Masonry Fireplaces
15.16.300 Violation
15.16.3 10 Penalty
15.16.320 Repeal
15.16.330 Validity
Chapter 15.18 International Fuel Gas Code
15.18.010 Adoption
15.18.020 Additions or Modifications
15.18.030 Organization and Enforcement
15.18.040 Reserved
15.18.050 Permits
15.18.060 Section 304.1 — General
15.18.070 Section 404.5 — Protection against Physical Damage
15.18.300 Violation
15.18.3 10 Penalty
15.18.320 Repeal
15.18.330 Validity
Chapter 15.20 International Fire Code
15.20.010 Adoption
15.20.020 Additions or Modifications
15.20.030 Section 104.6
— Official Records
15.20.040 Reserved
15.20.050 Section 104.11.3 — Systems and Devices
15.20.060 Section 105.1.1
— Permits Required
15.20.070 Section 105.6
— Required Operational Permits
15.20.080 Section 105.7
— Required Construction Permits
15.20.090 Section 108 —
Board of Appeals
15.20. 100 Section 202 —
General Definitions
15.20.110 Section 308.3
— Exceptions
15.20.120 Reserved
15.20.130 Section 905.1
— Standpipe Systems, General
15.20.140 Reserved
15.20.300 Violation
15.20.3 10 Penalty
15.20.320 Repeal
15.20.330 Validity
Chapter 15.22 Factory -Built Housing and Manufactured Homes
15.22.010 Definitions
15.22.020 Park Site and General Requirements
15.22.030 General Requirements, Manufactured Housing
15.22.040 General Requirements, Factory -Built Units
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Chapter 15.24 Solid -Fuel- Burning Devices
15.24.010 Adoption
15.24.020 Additions or Modifications
15.24.030 Purpose and Applicability
15.24.040 Definitions
15.24.050 Regulations Below Elevation of Seven Thousand Eight Hundred Twenty Feet
15.24.060 Gas Appliances
15.24.070 Coal Usage Prohibited
Chapter 15.26 2009 International Property Maintenance Code
15.26. 010 Adoption
15.26.020 Additions or Modifications
15.26.030 Section 205, Board of Appeal
15.26.300 Violation
15.26.3 10 Penalty
15.26.320 Repeal
15.26.330 Validity
Chapter 15.27 2009 International Energy Conservation Code
15.27.010 Adoption
15.27.020 Additions or Modifications
15.27.030 Section 101.3 — Intent
15.27.040 Section 503.2.2.1 — Snowmelt Boilers
Chapter 15.02
Definitions
The definitions set forth in this Chapter 15.02 shall to all the Chapters in this Title 15 and shall
apply to all codes adopted in this Title 15. In the event of any conflict, the definitions in this
Chapter 15.02 shall apply first and take precedence, the definitions in the codes adopted by this
Title 15 shall apply next, and the definition of any word, term or phrase set forth elsewhere in the
Avon Municipal Code shall apply after the definition of codes adopted by this Title 15.
Building Official shall mean the person designated as the Building Official by the Town
Manager.
Person shall mean any natural person, corporation, organization, association or association of
any of the foregoing.
Town Attorney shall mean the attorney appointed by the Town Council as the Town Attorney,
the Town Attorney's designee, another attorney appointed by the Town Council for the purpose
of enforcing this Title 15, or the Town Prosecutor.
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Chapter 15.04
Violations, Penalties, Stop Work Orders, Abatement
15.04.010 Violations
(a) Unlawful Acts. It is unlawful for any person to erect, construct, alter, move, demolish,
repair, use or occupy any building or structure in the Town, or cause or permit the same to be
done, or fail to comply with any lawful order or directive, which act is contrary to or in violation
of any provision of any code, standard, or regulation adopted by this Title 15, and any such
unlawful act shall be deemed to be a violation of this Title 15.
(b) Notice of Violation. The Building Official shall serve a Notice of Violation or order for the
erection, installation, alteration, extension, repair, removal or demolition of any work which
violates any code adopted in this Title 15, or any change in occupancy of any building or
equipment regulated by any coded adopted in this Title 15, or any violation of any permit,
certificate or condition of any permit or certificate issued under the provisions of any code
adopted by this Title 15. The Notice of Violation shall be served upon the contact person
designated in any active permit issued by the Town or the property owner of record according to
the records of the Eagle County Assessor's Office or by posting the Notice of Violation in a
conspicuous place on the property. The Notice of Violation shall cite the specific section or
sections of the code or codes which are violated and shall direct the discontinuance of the illegal
action or condition and the abatement of the violation.
(c) Prosecution of Violation. If compliance with the Notice of Violation is not accomplished
promptly, the Building Official shall request the Town Attorney to institute appropriate
proceedings in law or equity to restrain, correct or abate the violation, to require the removal or
termination of the unlawful structure, equipment or occupancy, and to seek such fines, penalties,
fees and restitution as may be appropriate.
15.04.020 Penalties
Any person who violates any provision of this code or any code adopted in this Title 15 shall be
guilty of a misdemeanor offense and shall be punishable as set forth in Chapter 1.09 Civil
Offense. In addition to other means provide by law, the Town may recover all costs and
penalties imposed by certifying such amounts to the treasurer of Eagle County and such amounts
shall be collected and paid over by treasurer of Eagle County in the same manner as taxes area
authorized in accordance with Colorado Revised Statute section 31 -20 -105.
15.04.030 Stop Work Orders
(a) Authority. The Building Official is authorized to issue a stop work order when the
Building Official finds any worked regulated by this Title 15, or any code adopted by this Title
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15, being performed in a manner either contrary to the provisions of any code adopted herein or
being performed in a dangerous or unsafe manner.
(b) Issuance. The stop work order shall be in writing and shall be given to the owner of the
property upon which the violation has occurred or is occurring, or to the owner's agent, or to the
person doing the work, or may be posted in a conspicuous manner on the property. Upon
issuance of a stop work order, the cited work shall immediately cease. The stop work order shall
state the reason for the order, and the conditions under which the cited work will be permitted to
resume. The Building Official may also include conditions or directives in the Stop Work Order
to secure the property where appropriate due to unsafe conditions, soil erosion control, water
quality degradation, or other matters in which conditions on the property threaten the health,
safety or general welfare of the public or threaten to negatively impact or damage other property.
(c) Unlawful Continuance. Any person who shall continue any work after a stop work order
has been issued, except such work as may be directed to remove a violation, address an unsafe
condition, or secure the property, shall be deemed to be a violation of this Title 15 and shall be
subject to penalties as set forth in this Title 15.
15.04.040 Abatement of Unsafe Conditions, Declaration of Nuisance
(a) Declaration of Public Nuisance. Any use or condition of a property, structure or equipment
regulated by this Title 15 which constitutes an unsafe condition, unsanitary condition, or
hazardous threat to life, safety, health, public welfare or property by reason of inadequate
maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is hereby
declared to be an unsafe condition. An unsafe condition is hereby declared to be a public
nuisance.
(b) Order of Abatement. The Building Official or Town Attorney may take action to order the
abatement of any unsafe condition. Unsafe conditions shall be abated by repair, rehabilitation,
demolition, or removal of the equipment or structure which poses unsafe conditions, or by
securing such property, structure or equipment to restrict the use, accessibility or risk posed by
the unsafe condition. The Building Official or Town Attorney shall issue an order of abatement
in writing to the property owner which shall describe the action required to abate the unsafe
condition and shall provide a timeframe for compliance. No person shall use the structure or
equipment constituting an unsafe condition after receiving such notice.
(c) Failure to Comply, Abatement by Town. In the event the property owner fails to comply
with an order of abatement within the timeframe for compliance stated in such order, the Town
may proceed to enter the property, abate the unsafe condition and correct the public nuisance.
Town shall post notice of Town's intention to enter the property and abatement the unsafe
condition and public nuisance at least twenty four (24) hours in advance by posting written
notice in a conspicuous place on the property, except where unsafe conditions warrant immediate
abatement, in which case the Town shall not be required to post written notice in advance of
entering the property.
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(d) Disconnection of Service Utilities. The Building Official shall have the authority to
authorize disconnection of utility services to the building, structure or system regulated by the
technical codes in case of emergency, where necessary, to eliminate an immediate danger to life
or property. Where possible, the owner or occupant of the building, structure or service system
shall be notified of the decision to disconnect utility service prior to taking such action. If not
notified prior to disconnecting the utility service, the owner or occupant of the building, structure
or service systems shall be notified in writing, as soon as practical thereafter.
(e) Connection After Order to Disconnect. No person shall make connections from any
energy, fuel, power supply, water distribution, or other utility service, or supply energy, fuel or
water to any equipment regulated by this Title 15 that has been disconnected or ordered to be
disconnect by the Building Official or the use of which has been ordered to be disconnected by
the Building Official until the building Official authorizes the reconnection and use of such
equipment.
(f) Recovery of Costs, Lien. The Town may recover the direct costs incurred for abatement of
unsafe conditions together with a fifteen percent (15 %) surcharge for administrative expense and
eighteen percent (18 %) interest per year on the total outstanding amount due to the Town. All
costs, surcharges and interest shall be recoverable against the property owner. In addition to
other means provide by law, the Town may recover all costs, surcharges and interest imposed by
certifying such amounts to the treasurer of Eagle County and such amounts shall be collected and
paid over by treasurer of Eagle County in the same manner as taxes area authorized in
accordance with Colorado Revised Statute section 31 -20 -105.
Chapter 15.06
Board of Appeals
15.06.010 Appeals to Town Council
A person shall have a right to appeal a decision of the Building Official to the Town Council
acting in the capacity of the Board of Appeals. An application for appeal shall be filed with the
Town Clerk within twenty days after the date of the decision of the Building Official. An
application for appeal shall be based on a claim that the true intent of this code or the rules
legally adopted hereunder has been incorrectly interpreted. The application must state the
specific order, decision or determination being appealed and include documentation to support
the appeal. The board shall render a decision within 30 days of receipt of the appeal. The
decision of the board shall be by resolution and copies shall be furnished to the appellant and to
the Building Official. The Building Official shall take immediate action in accordance with the
decision of the board.
15.06.020 Limitations on Authority
An application for appeal shall be based on a claim that the true intent of this code or the rules
legally adopted there under have been incorrectly interpreted, the provisions of this code do not
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fully apply or an equally good or better form of construction is proposed. The Town Council
acting in the capacity of the Board of Appeals shall have no authority to waive requirements of
this code.
15.06.30 Limitation of Liability
Any member of the Town Council, 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 their duties. Any suit brought against a member or members of
the Town Council because of any 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."
CHAPTER 15.08
International Building Code
15.08.010 Adoption
(a) The Charter of the Town of Avon, Section 6.9, provides that standards codes may be adopted
by reference with amendments. The Town adopts the 2009 International Building Code,
excluding Chapter 27 Electrical and including Appendix C Group U — Agricultural Buildings,
Appendix E Supplementary Accessibility Requirements, Appendix J Grading and the generic
fire - resistive assemblies listed in the Fire Resistance Design Manual, published by the Gypsum
Association, most current addition, as referenced in the specified International Building Code.
(b) The 2009 International Building Code is published by the International Code Council, 4051
West Flossmoor Road, Country Club Hills, Illinois, 60478 -5795. Copies of the 2003
International Building Code are on file in the office of the Town Clerk and are available for
inspection during regular business hours.
15.08.020 Additions or Modifications
The 2009 International Building Code is amended and changed as described in Sections
15.08.030 through 15.08.160.
15.08.030 Section 104 — Duties and Powers of the Building Official
(a) Section 104. 1, General, is amended to read as follows:
"104.1 General. The Building Official is hereby authorized and directed to enforce the
provisions of this code and other provisions of the Avon Municipal Code. For such purposes, the
Building Official shall have the powers of a law enforcement officer. The Building Official shall
have the authority to render interpretations of this code and to adopt policies and procedures in
order to clarify the application of its provisions. Such interpretations, policies and procedures
shall be in compliance with the intent and purpose of this code. Such policies and procedures
shall not have the effect of waiving the requirements specifically provided for in this code."
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(b) Section 104.6, Right of Entry, is amended to read as follows:
"104.6 Right of Entry. Where it is necessary to make an inspection to enforce the provisions of
this code, and of other provisions of the Avon Municipal Code, or where the Building Official
has reasonable cause to believe that there exists in a structure or upon a premises a condition that
is contrary to or in violation of this code, and of other provisions of the Avon Municipal Code,
which makes the structure or premises unsafe, dangerous or hazardous, the Building Official is
authorized to enter the structure or premises at reasonable times to inspect or to perform the
duties imposed by this code, and other provisions of the Avon Municipal Code, provided that if
such structure or premises be occupied that credentials be presented to the occupant and entry
requested. If such structure or premises is unoccupied, the Building Official shall first make a
reasonable effort to locate the owner or other person having charge or control of the structure or
premises and request entry. If entry is refused, the Building Official shall have recourse to the
remedies provided by law to secure entry."
15.08.035 Section 105 — Permits
(a) Section 105. 1, Required, is amended by adding the following language:
"No building or mechanical permits will be issued for the installation of a wood burning device
unless the device is in conformance with the Chapter 15.40, Solid- Fuel - Burning Devices."
(b) Section 105.1.1, Annual permit, is deleted.
(c) Section 105.1.2, Annual permit records, is deleted.
(d) Section 105.5, is amended to read as follows:
"105.5 Expiration. Every permit issued shall expire and become invalid unless the work on the
site authorized by such permit is commenced within 180 days after its issuance, or if the work
authorized on the site by such permit is suspended or abandoned for a period of 180 days after
the time the work is commenced. The Building Official is authorized to grant, in writing, one
extension of time, for a period of 180 days. The extension shall be requested in writing prior to
the expiration date, shall demonstrate justifiable cause and include a fee of one half the amount
required for a new permit for such work. Work on the site shall be deemed as commenced upon
approval of the final footing inspection and shall be deemed as suspended or abandoned if no
subsequent inspections have been approved within a 180 -day period."
15.08.036 Section 106 — Floor and Roof Design Loads
Section 106 is adopted as written.
15.08.040 Section 107.2.5 — Site Plan
Section 107.2.5 Site plan, is amended to read as follows:
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"107.25 Site Plan. The construction documents submitted with the application for permit shall
be accompanied by a site plan showing to scale the size and location of new construction and
existing structures on the site, distances from lot lines, the established street grades and the
proposed finish grades and, as applicable, flood hazard areas, floodways, and design flood
elevations. The site plan shall be based on, and be accompanied by a recent topographic survey
conforming to National Map Accuracy Standards, prepared by a registered land surveyor,
licensed to practice in the State of Colorado. 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. A complete flood plain
development plan, as described by FEMA, is required. 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 affix his name and seal. Permanent reference monuments shall be set
and marked and shall be made of No. 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. In the case of demolition, the
site plan shall show construction to be demolished and the location and size of existing structures
and construction that are to remain on the site or plot. The Building Official is authorized to
waive or modify the requirement for a site plan when the application for permit is for alteration,
repair or remodel totally within the limits of an existing building or structure, or when otherwise
warranted."
15.08.050 Section 109 — Fees
(a) Section 109.2 Schedule of Permit Fees, is amended to read as follows:
"109.2 Schedule of Permit Fees. On buildings, structures, electrical, gas, mechanical and
plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required
in accordance with the schedule as established by resolution by the Town Council of the Town of
Avon."
(b) Section 109.6, Refunds is deleted.
(c) Section 109.7, Contractor licensing, is amended to add the following language:
"109.7 Contractor Licensing. All contractors, including those who are duly licensed by the
State, shall purchase a license for conducting work within the Town of Avon. Established
annual fees are:
Class I
General Contractor
$125.00
Class II
Other Contractors
$ 35.00
Class III
Municipal Contractors
$ 75.00
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Licenses issued pursuant to this section shall be valid for a period of one year from the date of
issue. Every contractor, including Electrical Contractors and owner - builders, shall provide
current certificate of insurance for statutory workers compensation and commercial general
liability insurance of one million dollars ($1,000,000) per occurrence and two million dollars
($2,000,000) general aggregate before a contractor's license is issued. An owner - builder is one
that will personally perform at least 50% of all labor involved in the construction of a single -
family residence, and will be on site to supervise all other work involved. The building shall be
intended for use as the principal residence of the owner - builder and shall be personally occupied
by said owner - builder for a minimum of one year from the date the Certificate of Occupancy is
issued."
15.08.060 Section 110 —Inspections
Section 110, Inspections, is amended to read as follows:
"(1) Section 110.2, Preliminary Inspection
110.2.1 Inspection Record Card. Inspection record cards shall be on the Construction Sign. It
shall be the responsibility of the permittee to display the inspection record card on the job site
throughout the construction process for the inspector's signatures. For approval to occupy the
structure, either by Temporary Certificate of Occupancy or Certificate of Occupancy, this card
must have complete sign -offs for all required inspections and be returned to the Town of Avon
Building Official. If the card becomes unreadable or lost there will be a $20.00 fee to replace or
update the card. The Building Official is authorized to waive the record card on a job by job
basis.
110.2.2 Site Preparation Inspection. The site preparation inspection shall include the staked
property lines, setback lines, area of disturbance and soils erosion control measures. A
construction sign with building permit number, street address and contractors name shall be
installed on the site and properly placed to be seen and read from the street and all necessary
toilet facilities in place prior to this inspection being approved.
110.2.3 Culvert and Driveway Base. The culvert and driveway base inspection shall be done
prior to the placement of the permanent driveway covering. The culvert and approach shall
conform to Title 12 of the Avon Municipal Code. This inspection is one of the requirements for
Occupancy of the building.
110.2.3.1 Improvement Location Survey Inspection. An Improvement Location Survey shall
be prepared by a Colorado- licensed professional land surveyor. The improvement location
survey inspection shall be the second part of the foundation inspection. An Improvement
Location Survey shall be done when the forms are removed. The Survey shall contain all
required statutory information and show all walls in relationship to the required setbacks, as well
as all pertinent elevations at the top of the wall. The benchmark must be the same one used for
the plan approval process. The Survey shall be presented to the Building Official within 15
working days of the date of the foundation inspection or else all construction on the site will be
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stopped until the survey is presented and approved by the Town.
110.2.3.2 Second Improvement Location Survey. A second Improvement Location Survey
prepared by a Colorado - licensed professional land surveyor shall be submitted for all buildings
that have been designed to within 18 inches of allowable building height, or within 18 inches of a
setback line. The inspection is to be done at the time the ridge boards are in place, and shall show
all pertinent elevations using the original benchmark. The frame inspection will not be approved
until this survey has been presented to the Building Official and has been approved. If this
survey is not presented within 15 working days of the frame inspection then all work on the
project will be stopped until the survey is presented and approved by the Town."
(2) Section 110.3.1.1, Footing and Foundation Inspection, is amended by the addition of the
following language:
"The footing inspection shall be done after the Site Preparation Inspection, and when all footing
forms and steel are in place. In winter, blankets and heating devices shall be on site to prevent
freezing of the concrete during freezing weather."
(3) Section 110.2.3.3 is amended by adding the following language:
"110.2.3.3 Cleanup 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, as determined by the Building Official, to the permit holder to do so, the
actual costs for such services shall be charged to the permit holder, which sum shall be payable
at the time a Temporary Certificate of Occupancy is applied for. Construction debris shall be
stored in one general location on the site, and shall be removed weekly, or more frequently if
necessary, by the permit holder or his agent. Job sites shall be sprinkled as required by the
Building Official to prevent blowing of dust. In determining whether or not to sprinkle, the
Building Official shall consider availability of water, weather conditions and other relevant
factors."
15.08.070 Section 111— Certificate of Occupancy
Section 111 is amended by adding the following language:
"111.2.1 Conditions of the Certificate of Occupancy. The Certificate of Occupancy shall not
be issued until all construction has been completed, including building, electrical, plumbing,
mechanical, fire systems, landscaping, paving, final grading, drainage and all other construction.
All signs of construction must be removed from the property, including excess dirt, building
materials, trash containers, rubbish, trash and related items, before the Certificate of Occupancy
will be issued.
111.2.2 Cleanup, Landscaping and General Construction Deposit. A cleanup, landscaping
and general construction deposit ( "deposit ") is designed to provide security for all conditions
contained in the temporary certificate of occupancy ( "TCO "). The deposit shall be paid in cash
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and shall be paid to the Town of Avon. In lieu of cash, and upon a showing to the Town that
adequate security will be provided thereby, the deposit may be by a letter of credit. The letter of
credit must be valid for one year and renewable upon the Town's request. The amount of the
deposit required shall be based upon a current bid by a reputable contractor, plus twenty -five
percent of the bid, good for sufficient time to allow completion of the work, or upon some other
basis deemed acceptable by the Town. The bid shall be based upon completion of all remaining
work indicated on the approved building permit plans, and any subsequent conditions of
approval. If the cleanup, landscaping and general construction, as defined in this Chapter, is not
completed within three months of the date the TCO is issued, the Town may, but shall not be
obligated to, complete such cleanup, landscaping and general construction, the cost of doing so,
together with a fee in the amount of twenty percent of such costs, to be charged to the permit
holder and deducted from the cash deposited. If the cost for completion by the Town, 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 as delinquent ad valorem
taxes levied against such property.
111.2.3 Conditions of a Temporary Certificate of Occupancy.
1. A temporary certificate of occupancy ( "TCO ") shall be valid for three (3) months. The
Building Official may grant one TCO extension for up to three months. Such extension shall be
granted in writing.
2. The following shall be completed prior to the issuance of a temporary certificate of occupancy
for commercial or multi - family (A, B, E, F, H, I, M, S and R- 1- 2 -4 &I) occupancies:
a. The exterior of the building is complete, including painted vents, meters and light fixtures.
b. The interior shell building is complete with all required final inspections approved, including
building, fire sprinkler (if required), electrical, plumbing and mechanical smoke detectors, fire
alarms and sprinklers.
c. Two operative bathrooms on each floor being occupied in other than R occupancies.
d. Entrance and other work within the public right -of -way must be approved.
e. All required parking paved and marked.
f. All utility tap fees paid.
g. Positive drainage away from the building in all directions at two percent for a minimum of
five feet.
h. Where the required cleanup, landscaping or construction required for a certificate of
occupancy is not complete, a temporary certificate of occupancy (TCO) may be issued upon
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submittal and approval of a cleanup, landscaping and construction deposit in accordance with
Section 110.3.2. The surety will be returned to the permittee upon issuance of the final certificate
of occupancy.
111.2.4 Occupancy Violations. Whenever any building or structure or equipment therein
regulated by this code or by other provisions of the Avon Municipal Code is being used contrary
to the provisions of this code, or of other provisions of the Avon Municipal Code, the Building
Official may order such use discontinued and the structure, or portion thereof, vacated by notice
served on any person causing such use to be continued. Such person shall discontinue the use
within the time prescribed by the Building Official after receipt of such notice to make the
structure, or portion thereof, comply with the requirements of this code."
15.08.080 Section 113 — Board of Appeals
Section 113 is repealed and reenacted to read as follows:
"113.1 Appeals to Town Council. A person shall have a right to appeal a decision of the
Building Official to the Town Council acting in accordance with Chapter 15.06 of the Avon
Municipal Code."
15.08.090 Section 115 — Stop Work Order
Section 115, Authority, is amended to read as follows:
"115 Authority. Whenever the Building Official finds any work regulated by this code, other
provisions of the Avon Municipal Code, or other pertinent laws or ordinances implemented
through the enforcement of this code, being performed in a manner either contrary to the
provisions of the applicable code, law or ordinance or that is dangerous or unsafe, the Building
Official is authorized to issue a stop work order."
15.08.100 Section 501.2 — Premises Identification
Section 501.2, Premises identification, is amended to read as follows:
"501.2 Premises Identification. New and existing buildings shall be provided with approved
address numbers or letters. Each character shall be a minimum 4 inches (102 mm) high and a
minimum of 0.5 inches (12.7mm) wide. They shall be installed on a contrasting back ground and
be plainly visible from the street or road fronting the property. Where access is by means of a
private road and the building address cannot be viewed from the public way, a monument, pole
or other approved sign or means shall be used to identify the structure."
15.08.110 Section 1204 — Temperature Control
Section 1204 is amended to read as follows:
"1204.1 Equipment and Systems. Interior spaces intended for human occupancy shall be
provided with active or passive space heating systems capable of maintaining a minimum indoor
temperature of 68 degrees Fahrenheit at a point 3 feet above the floor on the design heating day.
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Outside design temperature shall be not more than minus 20 degrees Fahrenheit.
Exception: Interior spaces where the primary purpose is not associated with human comfort."
15.08.120 Section 1608.2 — Ground Snow Loads
Section 1608.2, Ground Snow Loads, is amended to read as follows:
"1608.2 Ground Snow Loads. Snow load shall be determined by the altitude of the property
being built on. Property at 8600 feet and above shall be designed for a snow load of 90 pounds
per square foot. Property below 8600 feet shall be designed for a 75- pound - per - square -foot snow
load."
15.08.125 Section 1603.2 — Boulder Walls
"1603.2 Boulder Walls. This section is hereby added with the following language: Boulder
walls (rock walls) four feet and taller shall be designed by an engineer licensed to practice in the
State of Colorado."
15.08.130 Section 1704 — Special Inspections
Section 1704, Special Inspections, is amended by adding the following:
"1704.2.3 Log Frame Construction — Log Inspection. A third party inspection by a certified
log inspection agency shall be required of all structural members in log frame buildings. A letter
from the log grading agency certifying that log grades are in accordance with the plan
specifications shall be required at or prior to the frame inspection."
"1704.16.1.1 Special Inspections for Elevators. Elevators installed in all buildings or
structures shall require a third party plan review and inspection by a certified elevator inspection
agency."
15.08.140 Section 1809.5 — Frost Protection
1809.5, Item 1. Shall be amended as follows:
"Footings shall have a minimum depth of 48 inches from the top of the finished grade to the
bottom of the footer."
15.08.150 Chapter 30 — Elevators and Conveying Systems
Section 3001.5 is added to read:
"3001.5 Fees. Elevator permit applications and inspections will be administered by and through
the Northwest Colorado Council of Governments. Elevator permit and inspection fees shall be
paid to the Northwest Colorado Council of Governments. (For permit application and inspections
contact the Northwest Colorado Council of Governments Elevator Inspection Program at 970-
468 -0295 (Ext. 108.)
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This program exists as Memorandum of Agreement with the Division of Oil & Public Safety.
All conveyances in Colorado shall be registered with the Division of Oil & Public Safety (OPS).
The Town of Avon adopts the A17.1 -2007 elevator code and the A18.1 -2005 safety standard for
vertical platform and wheelchair lifts, by reference."
15.08.160 Appendix J — Grading
"Appendix J Section J101.1 Scope. Section J101.1 Scope is amended by adding the following
sentence: Grading permits shall be permitted, regulated and enforced by the Town of Avon
Engineer."
15.08.300 Violation
The following clause concerning violations is set forth in full and adopted with reference to the
2009 International Building Code named in the title of this Chapter:
"It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish,
repair, use and occupy any building or structure in the Town, or cause or permit the same to be
done, contrary to or in violation of any of the adopted or modified provisions of any of the codes
or standards named in the title of this Chapter."
15.08.310 Penalty
Any person violating any of the provisions of this Chapter or of the provisions of the 2009
International Building Code named in the title of this Chapter, as adopted and modified herein,
shall be deemed to have committed a civil infraction for each and every day or portion thereof
during which any infraction 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 shall be subject to the penalties
contained in Chapter 1.09 of this Code.
15.08.320 Repeal
The repeal or the repeal and reenactment of any provision of the code of the Town as provided in
this Chapter shall not affect 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
reenacted. The repeal of any provision shall not revive any provision of any ordinance previously
repealed or superseded unless expressly stated in this Chapter.
15.08.330 Validity
If any section, subsection, sentence, clause, or phrase of the 2009 International Building 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 constitutionality of the remaining provisions of this
Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and
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each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional.
CHAPTER 15.10
Residential Code
15.10.010 Adoption
(a) Section 6.9 of the Town Charter provides that standards codes may be adopted by reference
with amendments. The Town adopts the 2009 International Residential Code for One- and Two -
Family Dwellings, excluding Chapters 36, 37, 38, 39, and 40 and including Appendix G.
(b) The 2009 International Residential Code for One- and Two - Family Dwellings is published
by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, Illinois,
60478 -5795. A copy of the 2009 International Residential Code for One- and Two - Family
Dwellings is on file in the office of the Town Clerk and is available for inspection during regular
business hours.
15.10.020 Additions or Modifications
The 2009 International Residential Code for One- and Two - Family Dwellings is amended and
changed as described in Sections 15.09.030 through 15.09.140.
15.10.030 Section R104 — Duties and Powers of the Building Official
(a) Section R104.1, General, is amended to read as follows:
"11104.1 General. The Building Official is hereby authorized and directed to enforce the
provisions of this code and other provisions of the Avon Municipal Code. For such purposes, the
Building Official shall have the powers of a law enforcement officer. The Building Official shall
have the authority to render interpretations of this code and to adopt policies and procedures in
order to clarify the application of its provisions. Such interpretations, policies and procedures
shall be in compliance with the intent and purpose of this code. Such policies and procedures
shall not have the effect of waiving the requirements specifically provided for in this code."
(b) Section R104.6, Right of Entry, is amended to read as follows:
"R104.6 Right of Entry. Where it is necessary to make an inspection to enforce the provisions
of this code, and of other provisions of the Avon Municipal Code, or where the Building Official
has reasonable cause to believe that there exists in a structure or upon a premises a condition that
is contrary to or in violation of this code, and of other provisions of the Avon Municipal code,
which makes the structure or premises unsafe, dangerous or hazardous, the Building Official is
authorized to enter the structure or premises at reasonable times to inspect or to perform the
duties imposed by this code, and other provisions of the Avon Municipal Code, provided that if
such structure or premises be occupied that credentials be presented to the occupant and entry
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requested. If such structure or premises is unoccupied the Building Official shall first make a
reasonable effort to locate the owner or other person having charge or control of the structure or
premises and request entry. If entry is refused, the Building Official shall have recourse to the
remedies provided by law to secure entry."
15.10.040 Section R105 — Permits
(a) Section R105.1, Required, is amended by adding the following language:
"No building or mechanical permits will be issued for the installation of a wood - burning device
unless the device is in conformance with the Town of Avon, Chapter 15.40 of the Avon
Municipal Code."
(b) Section R105.5 is amended to read as follows:
"R105.5 Expiration. Every permit issued shall expire and become invalid unless the work on
the site authorized by such permit is commenced within 180 days after its issuance, or if the
work authorized on the site by such permit is suspended or abandoned for a period of 180 days
after the time the work is commenced. The Building Official is authorized to grant, in writing,
one extension of time, for a period of 180 days. The extension shall be requested in writing prior
to the expiration date, shall demonstrate justifiable cause and include a fee of one -half the
amount required for a new permit for such work. Work on the site shall be deemed as
commenced upon approval of the final footing inspection and shall be deemed as suspended or
abandoned if no subsequent inspections have been approved within a 180 -day period."
15.10.050 Section R106.2 — Site Plan
Section R106.2, Site plan, is amended to read as follows:
"R106.2 Site Plan. The construction documents submitted with the application for permit shall
be accompanied by a site plan showing to scale the size and location of new construction and
existing structures on the site, distances from lot lines, the established street grades and the
proposed finish grades and, as applicable, flood hazard areas, floodways, and design flood
elevations. The site plan shall be based on, and be accompanied by a recent topographic survey
conforming to National Map Accuracy Standards, prepared by a registered land surveyor,
licensed to practice in the State of Colorado. 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. A complete flood
plain development plan, as described by FEMA, is required. 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 affix his name and seal. Permanent reference monuments shall be set and
marked and shall be made of No. 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. In the case of demolition, the
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site plan shall show construction to be demolished and the location and size of existing structures
and construction that are to remain on the site or plot. The Building Official is authorized to
waive or modify the requirement for a site plan when the application for permit is for alteration,
repair or remodel totally within the limits of an existing building or structure, or when otherwise
warranted."
15.10.060 Section R108 — Fees
(a) Section R108.2, Schedule of Permit Fees, is amended to read as follows:
"R108.2 Schedule of Permit Fees. On buildings, structures, gas, mechanical, and plumbing
systems or alterations requiring a permit, a fee for each permit shall be paid as required in
accordance with the schedule as established by resolution by the Town Council of the Town of
Avon."
(b) R108.4, Related fees, is amended by the addition of the following:
"R108.4.1 Elevators and Conveying Systems Fees. Elevator permit applications and
inspections will be administered by and through the Northwest Colorado Council of
Governments. Elevator permit and inspection fees shall be paid to the Northwest Colorado
Council of Governments. (For permit application and inspections contact the Northwest
Colorado Council of Governments Elevator Inspection Program at 970 - 468 -0295 ext. 108.)"
(c) Section R108.5, Refunds, is deleted.
(d) Section R108.6, Contractor Licensing, is added to read as follows:
"R108.6 Contractor Licensing. All contractors, including those who are duly licensed by the
State, shall purchase a license for conducting work within the Town of Avon. Established
annual fees are:
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 one year from the date of
issue. Every contractor, including Electrical Contractors and owner - builders, shall provide
current certificate of insurance for statutory workers compensation, and general commercial
liability insurance of one million dollars ($1,000,000) per occurrence and two million dollars
($2,000,000) general aggregate before a contractor's license is issued. An owner - builder is one
that will personally perform at least 50% of all labor involved in the construction of a single -
family residence, and will be on site to supervise all other work involved. The building shall be
intended for use as the principal residence of the owner - builder and shall be personally occupied
by said owner - builder for a minimum of one year from the date the Certificate of Occupancy is
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issued."
15.10.070 Section R109 — Inspections
Section R109 is amended as follows:
(1) Section R109.1.1, Foundation inspection, is amended by addition of the following language:
"The footing inspection shall be done after the Site Preparation Inspection, and when all footing
forms and steel are in place. In winter, blankets and heating devices shall be on site to prevent
freezing of the concrete during freezing weather.
R109.1.1.1 Improvement Location Survey Inspection. An Improvement Location Survey
shall be prepared by a Colorado - licensed professional land surveyor. The improvement location
survey inspection shall be the second part of the foundation inspection. An Improvement
Location Survey shall be done at the time of the foundation wall inspection. The Survey shall
contain all required statutory information and show all walls in relationship to the required
setbacks, as well as all pertinent elevations at the top of the wall. The benchmark must be the
same one used for the plan approval process. The Survey shall be presented to the Building
Official within 15 working days of the date of the foundation inspection or else all construction
on the site will be stopped until the Survey is presented and approved by the Town.
R109.1.1.2 Second Improvement Location Survey. A second Improvement Location Survey
prepared by a Colorado - licensed professional land surveyor shall be submitted for all buildings
that have been designed to within 18 inches of allowable building height, or within 18 inches of a
setback line. The inspection is to be done at the time the ridge boards are in place, and shall show
all pertinent elevations using the original benchmark. The frame inspection will not be approved
until this survey has been presented to the Building Official and has been approved. If this
survey is not presented within 15 working days of the frame inspection then all work on the
project will be stopped until the survey is presented and approved by the Town."
(2) Section R109.1.5, Other Inspections, is amended by the addition of the following language:
"R109.1.5.2 Inspection Record Card. Inspection record cards shall be on the construction
sign. It shall be the responsibility of the permittee to display the inspection record card on the job
site throughout the construction process for the inspector's signatures. For approval to occupy the
structure, either by Temporary Certificate of Occupancy or Certificate of Occupancy, this card
must have complete sign -offs for all required inspections and be returned to the Town of Avon
Building Official. If the card becomes unreadable or lost, there will be a $20.00 fee to replace or
update the card. The Building Official is authorized to waive the use of the record card on a job
by job basis.
R109.1.5.3 Site Preparation Inspection. The site preparation inspection shall include the
staked property lines, setback lines, area of disturbance and soils erosion control measures. A
construction sign with building permit number, street address and contractor's name shall be
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installed on the site and properly placed to be seen and read from the street, prior to this
inspection being approved.
R109.1.5.4 Culvert and Driveway Base. The culvert and driveway base inspection shall be
done prior to the placement of the permanent driveway covering. The culvert and approach shall
conform to Title 12 of the Avon Municipal Code. This inspection is one of the requirements for
occupancy of the building.
R109.1.5.5 Log Frame Construction — Log Inspection. A third party inspection by a certified
log inspection agency shall be required of all structural members in log frame buildings. A letter
from the log grading agency certifying that log grades are in accordance with the plan
specifications shall be required at or prior to the frame inspection.
R109.1.5.6 Special Inspections for Elevators. Elevators installed in all buildings or structures
shall require a third party plan review and inspection by a certified elevator inspection agency."
(3) Section R109.5 is added to read as follows:
"R109.5 Cleanup 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, as determined by the Building Official, to the permit holder to do so, the
actual costs for such services shall be charged to the permit holder, which sum shall be payable
at the time a Temporary Certificate of Occupancy is applied for. Construction debris shall be
stored in one general location on the site, and shall be removed weekly, or more frequently if
necessary, by the permit holder or his agent. Job sites shall be sprinkled as required by the
Building Official to prevent blowing of dust. In determining whether or not to sprinkle, the
Building Official shall consider availability of water, weather conditions and other relevant
factors."
15.10.080 Section R110 — Certificate of Occupancy
Section R110 is amended by adding the following language:
"R110.3.1 Conditions of the Certificate of Occupancy. The Certificate of Occupancy shall
not be issued until all construction has been completed, including building, electrical, plumbing,
mechanical, fire systems, landscaping, paving, final grading, drainage and all other construction.
All signs of construction must be removed from the property, including excess dirt, building
materials, trash containers, rubbish, trash and related items, before the Certificate of Occupancy
will be issued. Issuance of a certificate of occupancy shall not be construed as an approval of a
violation of the provisions of this code or other ordinances of the jurisdiction.
R110.4.1 Conditions of a Temporary Certificate of Occupancy.
1. A temporary certificate of occupancy ( "TCO ") shall be valid for three months. The Building
Official may grant one TCO extension for up to three (3) months. Such extension shall be
granted in writing.
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2. The following shall be completed prior to the issuance of a temporary certificate of occupancy
for one- and two - family dwellings:
a. The exterior of the building is complete, including painted vents, meters and light fixtures.
b. The interior shell building is complete with all required final inspections approved, including
building, fire sprinkler (if required), electrical, plumbing and mechanical.
c. One bathroom operative as per the approved plans.
d. Entrance and other work within the public right -of -way must be approved.
e. Positive drainage away from the buildings in all directions at two percent (2 %) for a minimum
of five (5) feet.
f. Sufficient roadway access for emergency vehicles and minimum parking requirements must
be met.
g. All utility tap fees paid.
h. Where the required cleanup, paving, landscaping or construction required for a certificate of
occupancy is not complete, a temporary certificate of occupancy (TCO) may be issued upon
submittal and approval of a cleanup, landscaping and construction deposit in accordance with
Section RI 10.4.1 The surety will be returned to the permittee upon issuance of the final
certificate of occupancy.
R110.4.1 Cleanup, Landscaping and General Construction Deposit. A cleanup, landscaping
and general construction deposit ( "deposit ") is designed to provide security for all conditions
contained in the temporary certificate of occupancy ( "TCO "). The deposit shall be paid in cash
and shall be paid to the Town of Avon. In lieu of cash, and upon a showing to the Town that
adequate security will be provided thereby, the deposit may be by a letter of credit. The letter of
credit must be valid for one year and renewable upon the Town's request. The amount of the
deposit required shall be based upon a current bid by a reputable contractor, plus twenty -five
percent (25 %) of the bid, good for sufficient time to allow completion of the work, or upon some
other basis deemed acceptable by the Town. The bid shall be based upon completion of all
remaining work indicated on the approved building permit plans, and any subsequent conditions
of approval. If the cleanup, landscaping and general construction, as defined in this chapter, is
not completed within three months of the date the TCO is issued, the Town may, but shall not be
obligated to, complete such cleanup, landscaping and general construction, the cost of doing so,
together with a fee in the amount of twenty percent (20 %) of such costs, to be charged to the
permit holder and deducted from the cash deposited. If the cost for completion by the Town, plus
the fee, exceeds the amount of the deposit, the excess, together with interest at twelve percent
(12 %) [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 as delinquent ad
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valorem taxes levied against such property.
R110.6 Occupancy Violations. Whenever any building or structure or equipment therein
regulated by this code or by other provisions of the Avon Municipal Code is being used contrary
to the provisions of this code, or of other provisions of the Avon Municipal Code, the Building
Official may order such use discontinued and the structure, or portion thereof, vacated by notice
served on any person causing such use to be continued. Such person shall discontinue the use
within the time prescribed by the Building Official after receipt of such notice to make the
structure, or portion thereof, comply with the requirements of this code."
15.10.090 Section R112 — Board of Appeals
Section R112 is repealed and reenacted to read as follows:
"R112 Appeals to Town Council. A person may appeal a decision of the Building Official to
the Town Council in accordance with Chapter 15.06 of the Avon Municipal Code."
15.10.100 Section R114 — Stop Work Order
Section R114.1, Authority, is amended to read as follows:
"R114.1 Notice to Owner. Whenever the Building Official finds any work regulated by this
code, other provisions of the Avon Municipal Code, or other pertinent laws or ordinances
implemented through the enforcement of this code, being performed in a manner either contrary
to the provisions of the applicable code, law or ordinance or that is dangerous or unsafe, the
Building Official is authorized to issue a stop work order. Upon notice from the Building
Official that any work is being prosecuted contrary to the provisions of this code such work shall
be immediately stopped. The stop work order shall be in writing and shall be given to the owner
of the property involved, or to the owner's agent, or to the person doing the work; and shall state
the conditions under which work will be permitted to resume."
15.10.110 Table R301.2(1) — Climatic and Geographic Design Criteria
Table R301.2(1) Climatic and Geographic Design Criteria is amended by the insertion of the
following criteria:
"a) Ground Snow Loads: Snow load shall be determined by the altitude of the property being
built on. Property at 8600 feet and above shall be designed for a snow load of 90 pounds per
square foot. Property below 8600 feet shall be designed for a 75- pound - per - square -foot snow
load.
b) Wind Speed: 90 Miles Per Hour
c) Seismic Design Category: B
d) Weathering: Severe
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e) Frost Line Depth: 48 inches
fl Termite: Slight to Moderate
g) Winter Design Temperature: -20 Degrees Fahrenheit
h) Flood Hazards: .8/18/87
i) Air Freezing Index: 2,500
j) Mean annual temp: 40 degrees Fahrenheit'
15.10.115 Section R313 Automatic Sprinkler System
Section R313 is repealed.
15.10.120 Section R319 Site Address
Section R321.1, Premises Identification, is amended to read as follows:
"R319 Address Numbers. Buildings shall have approved address numbers, building numbers
or approved building identification placed in a position that is plainly legible and visible from the
street or road fronting the property. These numbers shall contrast with their background. Address
numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4
inches (102 mm) high with a minimum stroke width of .5 inch (12.7mm). Where access is by
means of a private road and the building address cannot be viewed from the public way, a
monument, pole or other sign or means shall be used to identify the structure."
15.10.140 Section R403.1.4 — Minimum Depth
The first sentence is amended to read as follows:
"Footings shall have a minimum depth of 48 inches from the top of the finished grade to the
bottom of the footer."
15.10.300 Violation
The following clause concerning violations is set forth in full and adopted with reference to
the 2009 International Residential Code named in the title of this Chapter:
"It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish,
repair, use and occupy any building or structure in the Town, or cause or permit the same to be
done, contrary to or in violation of any of the adopted or modified provisions of any of the codes
or standards named in the title of this Chapter."
15.10.310 Penalty
Any person violating any of the provisions of this Chapter or of the provisions of the 2009
International Residential Code named in the title of this Chapter, as adopted and modified
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herein, shall be deemed to have committed a civil infraction for each and every day or portion
thereof during which any infraction 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 shall be subject to the
penalties contained in Chapter 1.09 of this Code.
15.10.320 Repeal
The repeal or the repeal and reenactment of any provision of the code of the Town as provided in
this Chapter shall not affect 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
reenacted. The repeal of any provision shall not revive any provision of any ordinance
previously repealed or superseded unless expressly stated in this Chapter.
15.10.330 Validity
If any section, subsection, sentence, clause or phrase of the 2009 International Residential 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 constitutionality of the remaining provisions of this
Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and
each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional.
CHAPTER 15.12
National Electrical Code
15.12.010 Adoption
The Town adopts the 2008 National Electrical Code. The 2008 National Electrical Code is
published by the National Fire Protection Association, Batterymarch Park, Quincy,
Massachusetts 02269. A copy of the 2008 National Electrical Code is on file in the Town
Clerk's office and is available for inspection during regular office hours.
15.12.020 Administration — Fees
Electrical permit applications and inspections will be administered by and through the Colorado
State Electrical Board Department of Regulatory Agencies. Electrical permit and inspection fees
shall be paid to the Colorado State Electrical Board Department of Regulatory Agencies. (For
permit application and inspections, contact the Colorado State Electrical Board at 1580 Logan
St., Ste. 550, Denver, Colorado 80203 -1941; Telephone 303 - 894 -2300)
15.12.300 Violation
The following clause concerning violations is set forth in full and adopted with reference to the
2008 National Electrical Code named in the title of this Chapter.
"It is 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 or cause or permit the same to be done, contrary to or in
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violation of any of the provisions of any of the codes or standards named in the title of this
Chapter."
15.12.310 Penalty
Any person violating any of the provisions of this Chapter or of the provisions of the 2008
National Electrical Code named in the title of this Chapter, as adopted and modified herein, shall
be deemed to have committed a civil infraction for each and every day or portion thereof during
which any infraction 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 shall be subject to the penalties
contained in Chapter 1.09 of this Code.
15.12.320 Repeal
The repeal or the repeal and reenactment of any provision of this code as provided in this
Chapter shall not affect 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 provisions repealed or repealed and
reenacted.
15.12.330 Validity
If any section, subsection, sentence, clause or phrase of the 2008 National Electrical 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 constitutionality of the remaining provisions of this
Chapter. The Town declares that it would have passed the ordinance codified in this Chapter,
and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or
more sections, subsections, sentences, clauses and phrases be declared invalid.
CHAPTER 15.14
International Plumbing Code
15.14.010 Adoption
The Town adopts the 2009 International Plumbing Code and all appendix chapters thereto. The
2009 International Plumbing Code was published by the International Code Council, 500 New
Jersey Avenue, N.W., Sixth Floor, Washington, D.C. 20001. A copy of the 2009 International
Plumbing Code are on file in the Town Clerk's office, and are available for inspection during
regular office hours.
15.14.020 Additions or Modifications
The 2009 International Plumbing Code is amended and changed in Sections 15.20.030 through
15.20. 100 of this Chapter.
15.14.030 Organization and Enforcement
(Refer to the 103 — Department of Plumbing Inspection)
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15.14.040 Section 103.1.3 — Department of Plumbing Inspection
Section 103.1.3 is amended by adding the following paragraph:
"Section 103.1.3 — Licensing. Pursuant to Section 12 -58 -115 of the Colorado Revised Statutes,
only qualified licensed plumbers may install Plumbing Systems as defined in Section 202 of the
2009 International Plumbing Code."
15.14.050 Section 106 — Fee Schedule
"All fees shall be as shown on the Town of Avon Fee Schedule A (adopted by resolution of the
Town)."
15.14.060 306 — Trenching, Excavation and Backfill
15.20.060 is added and amended by adding the following language:
"The minimum cover for water supply and sewer piping, not under a building, shall be 7 feet
below finished grade."
15.14.065 Section 412.5 — Mechanical Rooms
This section is hereby amended to add the following language:
"For heating or hot -water boiler applications, the boiler room shall be equipped with a floor drain
or other means suitable for disposing of the accumulation of liquid waste incidental to cleaning,
recharging and routine maintenance."
15.14.070 Section 606.2 — Location of Shutoff Valves
This section is hereby amended as follows:
"Add Item 4. On the fixture supply to each plumbing fixture other than bathtubs, showers and
concealed wall mounted faucets in one- and two - family residential occupancies, and in
individual guest rooms in hotels, motels, boarding houses, and similar occupancies shutoff
valves are required."
15.14.080 Section 906 — Vent Termination
"Section 906.1. Each vent pipe or stack shall extend through its flashing and shall terminate
vertically not less than twelve (12) inches above the roof nor less than two (2) feet from any
vertical surface."
15.14.300 Violation
The following clause concerning violations is set forth in full and adopted with reference to the
2009 International Plumbing Code named in the title of this Chapter:
"It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish,
repair, use and occupy any building or structure in the Town, 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 chapter."
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15.14.310 Penalty
Any person, firm or corporation violating any of the provisions of this Chapter or of the
provisions of the 2009 International Plumbing Code named in the title of this Chapter, as
adopted and modified herein, 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 punished by a fine of
not more than one thousand dollars ($1,000.00) or imprisonment for one (1) year or by both such
fine and imprisonment.
15.14.320 Repeal
The repeal, or the repeal and reenactment, of any provision of the Code as provided in this
Chapter, shall not affect any right which has accrued, any duty imposed, or 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
reenacted. The repeal of any provision shall not revive any provision of any ordinance
previously repealed or superseded unless expressly stated in this Chapter.
15.14.330 Validity
If any section, subsection, sentence, clause or phrase of the 2009 International Plumbing 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 constitutionality of the remaining provisions of this
Chapter. The Town declares that it would have passed the ordinance codified in this Chapter,
and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or
more sections, subsections, sentences, clauses and phrases be declared unconstitutional.
CHAPTER 15.16
International Mechanical Code
15.16.010 Adoption
The Town adopts the 2009 International Mechanical Code. The 2009 International Mechanical
Code is published by the International Code Council, Inc., 4051 West Flossmoor Road, Country
Club Hills, Illinois 60478 -5795. A copy of the 2009 International Mechanical Code is on file in
the Town Clerk's office, and is available for inspection during regular office hours. (Ord. 04 -14
§4)
15.16.020 Additions or Modifications
The 2009 International Mechanical Code is amended and changed in Sections 15.24.030 through
15.24.060 of this Chapter.
15.16.030 Section 106.5.2 — Fee Schedule
Section 106.5.2 is repealed and reenacted to read as follows:
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"106.5.2 Fee Schedule The fee for each permit shall be as set forth in The Town of Avon Fee
Schedule A (as adopted by resolution of the Town Council)."
15.16.040 Section 109 — Means of Appeal
Section 109 is repealed and reenacted as follows:
"109.1 Appeals to Town Council. A person shall have a right to appeal a decision of the
Building Official to the Town Council acting in accordance with Chapter 15.06 of the Avon
Municipal Code."
15.16.043 Table 403.3 — Minimum Ventilation Rates
This Table is hereby amended to add the following language:
"Note: 1. Ski Shop Ventilation: For ski shop ventilation compliance requirements, refer to the
2009 capital edition of the International Fire Code Section 610.4.7."
15.16.046 Section 903.3 — Unvented Gas Log Heaters
This section is hereby amended as follows:
"Unvented gas fireplaces are prohibited."
15.16.050 Section 701— Combustion Air, General
Section 701 is amended by adding a new Section 701.6 as follows:
"701.6 Type of Construction. All buildings in the Town of Avon shall be considered to be of
unusually tight construction and will draw all combustion air from the outside of the building."
15.16.060 Section 902 — Masonry Fireplaces
Section 902 is amended by deleting Section 902.6 and by adding the following language:
"902.3 — Definitions.
1. New Technology Device means a solid -fuel- burning device which is certified by the EPA and
listed in the Colorado Department of Health's web page under Air pollution control division,
residential burning information.
A new technology device is; one which has EPA certification as an EPA Certified wood stove.
2. EPA Certified wood stove means a heating appliance that has been independently tested by an
accredited laboratory to meet a particulate emissions limit of 7.5 grams per hour for non - catalytic
wood stoves and 4.1 grams per hour for catalytic wood stoves. A list of certified wood stoves is
available on the EPA's web site.
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Only New technology devices may be used as "Solid fuel burning devices". in the Town of Avon.
3. Gas appliance means a fully self - contained U.L. and A.G.A. listed fireplace unit which does
not require venting through a masonry chimney, which has no damper and which does not permit
the use of solid fuel.
4. Solid fuel burning devices means any fireplace, firebox or device intended and /or used for the
purpose of burning wood, pulp, paper or other non - liquid or nongaseous fuel. This definition
specifically excludes noncommercial barbecue devices used to cook food outdoors.
5. Gas fireplace means a fire place either manufactured as a finished unit or a true masonry fire
place fitted with an A.G.A and /or U.L. listed gas log kit, has not damper and vents through an
approved vent. Exception The Building Official may approve a gas fireplace equipped with
interlocked damper and gas valve.
902.4 Regulations Below the Elevation of Seven Thousand Eight Hundred Twenty Feet.
"Below the elevation of seven thousand eight hundred twenty feet, no new wood burning or
solid -fuel burning fireplaces or other such devices shall be permitted to be constructed or
installed after the ordinance codified in this chapter becomes effective.
No mobile or modular home shall be moved in place in the Town and connected to utility service
that has installed with such mobile or modular home a solid -fuel burning device.
Below such elevation, new technology devices, gas appliances and gas fireplaces shall be
permitted. Below such elevation there shall also be permitted one EPA approved wood burning
fireplace in the lobby of any hotel or lodge, provided a fee in the amount of three thousand
dollars ($3,000.00) is paid at the time of application for a building permit.
902.5 Regulations Above Elevation of Seven Thousand Eight Hundred Twenty Feet.
Above the elevation of seven thousand eight hundred twenty feet, one New Technology Device
shall be permitted in each new dwelling unit constructed, provided a fee in the amount of one
thousand five hundred dollars ($1,500.00) is paid at the time of application for permit; provided
no new wood - burning or other fuel- burning fire places or other devices shall be permitted in
dwelling units triplex and greater in size after the ordinance codified in this chapter becomes
effective. Above such elevation, certified New Technology solid fuel burning devices, gas
appliances and gas fireplaces shall be permitted.
902.7 Coal Usage Prohibited. The burning of coal within the Town is prohibited."
15.16.300 Violation
The following clause concerning violations is set forth in full and adopted with reference to the
2009 International Mechanical Code named in the title of this Chapter: It is unlawful for any
person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any
building or structure in the Town 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
Chapter.
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15.16.310 Penalty
Any person violating any of the provisions of this Chapter or of the provisions of the 2009
International Mechanical Code named in the title of this Chapter, as adopted and modified
herein, shall be deemed to have committed a civil infraction for each and every day or portion
thereof during which any infraction 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 shall be subject to the
penalties contained in Chapter 1.09 of this Code.
15.16.320 Repeal
The repeal or the repeal and reenactment of any provision of the code of the Town as provided in
this Chapter shall not affect 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
reenacted. The repeal of any provision shall not revive any provision or any ordinance
previously repealed or superseded unless expressly stated in this Chapter.
15.16.330 Validity
If any section, subsection, sentence, clause or phrase of the 2009 International 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 constitutionality of the remaining provisions of this
Chapter. The Town declares that it would have passed the ordinance codified in this Chapter,
and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or
more sections, subsections, sentences, clauses and phrases be declared unconstitutional.
CHAPTER 15.18
International Fuel Gas Code
15.18.010 Adoption
The Town adopts the 2009 International Fuel Gas Code and all appendix chapters thereto. The
2009 International Fuel Gas Code is published by the International Code Council, 500 New
Jersey Avenue, N.W., Sixth Floor, Washington, D.C. 20001. A copy of the 2009 International
Fuel Gas Code are on file in the Town Clerk's office, and are available for inspection during
regular office hours.
15.18.020 Additions or Modifications
The 2009 International Fuel Gas Code is amended and changed in Sections 15.28 through
15.28.50 of this Chapter.
15.18.030 Organization and Enforcement
(Refer to the 2009 International Fuel Gas Code.)
15.18.040 Reserved.
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15.18.050 Section 106 — Permits
Section 106 is amended as follows:
"Section 106.6 — Fees
All fees shall be as shown on the Town of Avon Fee Schedule A (adopted by resolution of the
Town)."
15.18.060 Section 304.1— General
This section is hereby mended by the addition of the following language:
"New construction shall be considered unusually tight construction as defined by this code."
15.18.070 Section 404.5 — Protection Against Physical Damage
This Section is hereby amended by the addition of the following language:
"Above ground gas meters, regulators, and piping shall be protected from damage by ice or
snow, and if exposed to vehicular damage due to the proximity to alleys, driveways or parking
areas shall be protected from such damage."
15.18.300 Violation
The following clause concerning violations is set forth in full and adopted with reference to the
2009 International Fuel Gas Code named in the title of this Chapter:
"It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish,
repair, use and occupy any building or structure in the Town, or cause or permit the same to be
done, contrary to or in violation of any of the adopted or modified provisions of any of the codes
or standards named in the title of this Chapter."
15.18.310 Penalty
Any person violating any of the provisions of this Chapter or of the provisions of the 2009
International Fuel Gas Code named in the title of this Chapter, as adopted and modified herein,
shall be deemed to have committed a civil infraction for each and every day or portion thereof
during which any infraction 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 shall be subject to the penalties
contained in Chapter 1.09 of this Code.
15.18.320 Repeal
The repeal or the repeal and reenactment of any provision of the 2009 International Fuel Gas
Code of the Town as provided in this Chapter shall not affect 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 reenacted. The repeal of any provision shall not revive any
provision of any ordinance previously repealed or superseded unless expressly stated in this
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Chapter.
15.18.330 Validity
If any section, subsection, sentence, clause, or phrase of the 2009 International Fuel Gas 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 constitutionality of the remaining provisions of this
Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and
each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional.
CHAPTER 15.20
International Fire Code
15.20.010 Adoption
(a) Pursuant to Section 6.9 of the Town Charter, there is adopted, for the purpose of
prescribing regulations governing conditions hazardous to life and property from fire, hazardous
materials or explosion, the certain standards known as the 2009 International Fire Code,
including Appendix E Hazardous Categories, and Appendix F Hazard Ranking, save and except
such portions as are hereinafter deleted, modified or amended by this Chapter.
(b) The 2009 International Fire Code is published by the International Code Council, 4051
West Flossmoor Road, Country Club Hills, Illinois, 60478 -5795. A copy of the 2009
International Fire Code is on file in the office of the Town Clerk and is available for inspection
during regular business hours.
15.20.020 Additions or Modifications
The 2009 International Fire Code is amended and changed in Sections 15.32.030 through
15.32.140.
15.20.030 Section 104.6 — Official Records
Section 104.6 is amended by the deletion of 104.6.2 — Inspections, 104.6.3 — Fire Records and
104.6.4 — Administrative.
15.20.040 Reserved
15.20.050 Section 104.11.3 — Systems and Devices
Section 104.11.3 is amended by adding the following:
"Fire alarm panel trouble signals, maintenance signals, testing signals or as approved by the Fire
Chief shall not be construed as an emergency fire condition."
15.20.060 Section 105.1.1— Permits Required
Section 105. 1.1 is amended to read as follows:
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"105.1.1 Permits Required. Permits and inspections required by this code will be administered
by and through the Eagle River Fire Protection District. Permit fees, if any, shall be paid to the
Eagle River Fire Protection District prior to issuance of the permit. Issued permits shall be kept
on the premises designated therein at all times and shall be readily available for inspection by the
fire department or the fire code official. (For permit applications and inspections contact the
Eagle River Fire Protection District at 351 Benchmark Road, Post Office Box 7980, Avon,
Colorado, 81620. Phone: 970 - 748 - 9665)"
15.20.070 Section 105.6 — Required Operational Permits
(a) Section 105.6 is amended as follows:
"105.6 Required operational permits. The fire code official or authorized designee is
authorized to issue operational permits for the operations set forth in Sections 105.6.2, 105.6.4,
105.6.9, 105.6.21, 105.6.30, 105.6.31, 105.6.37 and 105.6.44."
(b) All Sub - Sections of Section 105.6 are deleted except Sub - Sections 105.6.2, 105.6.4,
105.6.9, 105.6.21, 105.6.30, 105.6.31, 105.6.37 and 105.6.44.
15.20.080 Section 105.7 — Required Construction Permits
Section 105.7 is amended to delete all Sub - Sections except Sub - Sections 105.7.1, 105.7.3 and
105.7.11.
15.20.090 Section 108 — Board of Appeals
Section 108 is amended to read as follows:
"108.1 Board of Appeals Established. In order to hear and decide appeals of orders, decisions
or determinations made by the fire code official or designated representatives, relative to the
application and interpretation of this code, there shall be and is hereby created a board of
appeals. The board of appeals shall consist of the governing board of the Eagle River Fire
Protection District plus a representative from the Town of Avon as appointed by the Avon Town
Council. The fire code official shall be an ex officio member of said board but shall have no
vote on any matter before the board.
108.2 Procedure for Appeals. An application for appeal shall be filed with the Town Clerk
within twenty days after the date of the decision of the fire code official or designated
representative. An application for appeal shall be based on a claim that the intent of this code or
the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this code
do not fully apply, or an equivalent method of protection or safety is proposed. The application
must state the specific order, decision or determination being appealed and include
documentation to support the appeal. The board shall render a decision within 30 days of receipt
of the appeal. The decision of the board shall be by resolution and copies shall be furnished to
the appellant and to the fire code official. The fire code official shall take immediate action in
accordance with the decision of the board.
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108.3 Limitations on Authority. An application for appeal shall be based on a claim that the
intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the
provisions of this code do not fully apply or an equivalent method of protection or safety is
proposed. The board shall have no authority to waive requirements of this code."
15.20.100 Section 202 — General Definitions
(a) False Alarm is amended to read as follows:
"False Alarm The deliberate reporting of an alarm for which no such fire or emergency
actually exists."
(b) Fire Code Official is amended to read as follows:
"Fire Code Official The fire chief of the Fire Department or other official duly authorized
by the Fire Department who is charged with the administration and enforcement of the code."
(c) Fire Department is added to read as follows:
"Fire Department The Eagle River Fire Protection District is the designated fire
department in the Town of Avon."
15.20.110 Section 308.3. — Exceptions.
The Exceptions to Section 308.3 are amended by the addition of Exception 1.4 to read as
follows:
"1.4 Propane cooking devices."
15.20.120 Reserved.
15.20.130 Section 905.1— Standpipe Systems, General.
Section 905. 1, General, is amended by revising the third sentence to read as follows:
"The outside fire department connections shall be approved by the Fire Chief."
15.20.140 Reserved.
15.20.300 Violation
The following clause concerning violations is set forth in full and adopted with reference to the
2009 International Fire Code named in the title of this Chapter:
"It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish,
repair, use and occupy any building or structure in the Town, or cause or permit the same to be
done, contrary to or in violation of any of the adopted or modified provisions of any of the codes
or standards named in the title of this Chapter."
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15.20.310 Penalty
Any person violating any of the provisions of this Chapter or of the provisions of the 2009
International Fire Code named in the title of this Chapter, as adopted and modified herein, shall
be deemed to have committed a civil infraction for each and every day or portion thereof during
which any infraction 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 shall be subject to the penalties
contained in Chapter 1.09 of this Code.
15.20.320 Repeal
The repeal or the repeal and reenactment of any provision of the 2009 International Fire Code of
the Town as provided in this Chapter shall not affect 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 reenacted. The repeal of any provision shall not revive any provision of any
ordinance previously repealed or superseded unless expressly stated in this Chapter.
15.20.330 Validity
If any section, subsection, sentence, clause, or phrase of the 2009 International Fire 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 constitutionality of the remaining provisions of this Chapter. The
Town declares that it would have passed the ordinance codified in this Chapter, and each section,
subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections,
subsections, sentences, clauses and phrases be declared unconstitutional.
CHAPTER 15.22
Factory -Built Housing and Manufactured Homes
15.22.010 Definitions
For the purposes of this Chapter, the following definitions shall have the meanings indicated:
Factory-built housing means any structure, or component thereof, designed primarily for
permanent residential occupancy, including a mobile home which is wholly or in substantial part
made, fabricated, formed or assembled in manufacturing facilities for installation, or assembly
and installation, on the building site.
Manufactured housing unit means a pre - constructed complete building unit or combination of
pre - constructed complete building units without motor power designed and commonly used for
single - family, single -unit residential occupancy by persons in either temporary or permanent
locations, which unit or units are manufactured in a factory or at a location other than the
residential site of the completed home and which unit or units are not licensed as a recreational
vehicle.
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Mobile home means a structure, transportable in one (1) or more sections, which is eight (8) body
feet or more in width and is thirty -two (32) body feet or more in length and which is built on a
permanent chassis and designed to be used as a dwelling without permanent foundation when
connected to required utilities and includes the plumbing, heating, air - conditioning and electrical
systems contained therein.
Nonresidential factory -built housing means any structure, or component thereof, designed
primarily for permanent nonresidential occupancy, including a manufactured unit which is
wholly or in substantial part made, fabricated, formed or assembled in manufacturing facilities
for installation, or assembly and installation on the building site.
15.22.020 Park Site and General Requirements
(a) Provisions of this Chapter shall not apply to a manufactured home located within the Town
on the effective date of the ordinance codified herein.
(b) Each new park or addition to an existing park shall conform to all provisions of this Chapter.
(c) Manufactured home space. Each space shall contain at least three thousand (3,000) square
feet of area for a single -wide unit, and four thousand two hundred (4,200) square feet for a
doublewide unit. The minimum space between any appurtenance or deck thereto shall be a
minimum of twelve (12) feet. The minimum space between any two (2) manufactured homes or
habitable appurtenance thereto shall be a minimum of twenty (20) feet. Each space shall provide
paved parking spaces for at least two (2) automobiles, either on the space adjacent to it or within
the park, or by any combination of these locations.
(d) Driveways and walkways. All mobile home spaces shall abut upon a driveway graded for
drainage and maintained in a rut and dust -free condition and which provides unobstructed access
to a public street or highway. The minimum unobstructed width of such driveways shall be
sixteen (16) feet. An additional eight (8) feet of width shall be constructed for each parallel
parking space adjacent thereto, or twenty -eight (28) feet for double - loaded perpendicular parking
spaces. All driveways and walkways within the park shall be illuminated to ensure safety for
park residents.
(e) Paving of parking and driving areas. All manufactured home parks shall have paving in the
parking and driving areas thereof.
(f) Maintenance of lots. All lots and stands shall be maintained in a clean and sanitary condition,
free from hazardous or noxious materials, weeds, refuse and motor vehicles having no current
license plates.
15.22.030 General Requirements — Manufactured Housing
(a) No person, firm or corporation shall place a manufactured home within the Town without
first obtaining a permit therefore from the State Division of Housing and approval for the
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installation by the State Division of Housing.
(b) No person, firm or corporation shall make any alteration or addition to a manufactured home
thereto without first obtaining a permit therefore from the Building Official.
(c) All manufactured homes, including mobile homes, shall comply with the installation
requirements set forth in the Part 31, Manufactured Home Installation, Section 24 -32 -3101 et
seq., C.R.S., and any other rules and regulations adopted by the Colorado Division of Housing
governing manufactured housing.
(d) All manufactured homes must comply with Section 24 -32 -701, C.R.S., governing labeling
and construction compliance with state and federal standards or bear the red HUD label.
(e) All manufactured homes shall be designed with the snow load requirements as set forth in
Section 15.08.120 of this Code unless it complies with one (1) of the following:
(1) An approved snow removal maintenance program;
(2) A protective shelter built over the home, not connected to the home; or
(3) A shelter designed by a professional engineer or architect.
15.22.040 General Requirements — Factory -Built Units
(a) No person, firm or corporation shall place a factory -built unit within the Town without first
obtaining a permit therefore from the Building Official.
(b) No permit for a factory -built home or any alteration or addition thereto shall be issued unless
the same complies with all requirements of the building code, including electrical, plumbing and
mechanical in effect in the Town at the time.
CHAPTER 15.24
Solid -Fuel- Burning Devices
15.24.010 Adoption
The Town adopts the 2009 International Plumbing Code and all appendix chapters thereto. The
2009 International Plumbing Code was published by the International Code Council, 500 New
Jersey Avenue, N.W., Sixth Floor, Washington, D.C. 20001. A copy of the 2009 International
Plumbing Code are on file in the Town Clerk's office, and are available for inspection during
regular office hours.
15.24.020 Additions or Modifications
The 2009 International Plumbing Code is amended and changed in Sections 15.20.030 through
15.20. 100 of this Chapter.
Ord 10 -02 Adopting 2009 IBC 3 -15 -10 ejh
Page 39 of 45
15.24.030 Purpose and Applicability
These regulations are enacted for the purpose of promoting the health, safety and general welfare
of the residents of and visitors to the Town. These regulations are intended to protect air quality.
15.24.040 Definitions
For the purposes of this Chapter, the following definitions shall have the meanings indicated:
New Technology Device means a solid -fuel- burning device which is certified by the EPA and
listed in the Colorado Department of Health's web page under Air pollution control division,
residential burning information.
A new technology device is; one which has EPA certification as an EPA Certified wood stove."
EPA Certified wood stove means a heating appliance that has been independently tested by an
accredited laboratory to meet a particulate emissions limit of 7.5 grams per hour for non - catalytic
wood stoves and 4.1 grams per hour for catalytic wood stoves. A list of certified wood stoves is
available on the EPA's web site.
Only New technology devices may be used as "Solid fuel burning devices" in the Town of
Avon."
Gas appliance means a fully self - contained U.L. and A.G.A. listed fireplace unit which des not
require venting through a masonry chimney, which has no damper and which does not permit the
use of solid fuel.
Solid fuel burning devices means any fireplace, firebox or device intended and/or used for the
purpose of burning wood, pulp, paper or other non - liquid or nongaseous fuel. This definition
specifically excludes noncommercial barbecue devices used to cook food outdoors.
Gas fireplace means a fire place either manufactured as a finished unit or a true masonry fire
place fitted with an A.G.A and /or U.L. listed gas log kit, has not damper and vents through an
approved vent.
"Exception The Building Official may approve a gas fireplace equipped with interlocked damper
and gas valve."
15.24.050 Amendment
Section 902 is amended by adding the following sub - section:
"902.4 Regulations below the elevation of Seven Thousand Eight Hundred Twenty Feet.
Below the elevation of seven thousand eight hundred twenty feet, no new wood burning or solid -
fuel burning fireplaces or other such devices shall be permitted to be constructed or installed
after the ordinance codified in this chapter becomes effective.
No mobile or modular home shall be moved in place in the Town and connected to utility service
that has installed with such mobile or modular home a solid -fuel burning device.
Ord 10 -02 Adopting 2009 IBC 3 -15 -10 ejh
Page 40 of 45
Below such elevation, new technology devices, gas appliances and gas fireplaces shall be
permitted. Below such elevation there shall also be permitted one EPA approved wood burning
fireplace in the lobby of any hotel or lodge, provided a fee in the amount of three thousand
dollars ($3,000.00) is paid at the time of application for a building permit."
15.24.060 Gas Appliances
All gas -log fireplaces shall be constructed in such a manner that access to the firebox is
prohibited except for the purposes of repair and maintenance.
15.24.070 Coal Usage Prohibited
The burning of coal within the Town is prohibited.
CHAPTER 15.26
2009 International Property Maintenance Code
15.26.010 Adoption
The Town adopts the 2009 International Property Maintenance Code and all appendix chapters.
The 2009 International Property Maintenance Code is published by the International Code
Council ( ICC) 4051 West Flossmoor Road, Country Club Hills, IL 60478. Copies of the 2009
International Property Maintenance Code are on file in the office of Community Development,
and are available for inspection during regular business hours.
15.26.020 Additions or Modifications
The 2009 International Property Maintenance Code is amended and changed in Sections
15.44.030 and 15.44.040 of this Chapter. (Ord. 99 -14 (part))
15.26.030 Section 205 — Board of Appeal
Section 111 is amended to provide as follows:
"111 Appeals to Town Council. A person shall have a right to appeal a decision of the
Building Official to the Town Council acting in accordance with Chapter 15.06 of the Avon
Municipal Code."
15.26.300 Violation
The following clause concerning violations is set forth in full and adopted with reference to the
2009 International Property Maintenance code named in the title of this Chapter:
"It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish,
repair, use and occupy any building or structure in the Town or cause or permit the same to be
done, contrary to or in violation of any of the provisions of the code or standards named in the
title of this chapter."
15.26.310 Penalty
Ord 10 -02 Adopting 2009 IBC 3 -15 -10 ejh
Page 41 of 45
Any person violating any of the provisions of this Chapter or of the provisions of the 2009
International Property Maintenance Code named in the title of this Chapter, as adopted and
modified herein, shall be deemed to have committed a civil infraction for each and every day or
portion thereof during which any infraction 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 shall be
subject to the penalties contained in Chapter 1.09 of this Code.
15.26.320 Repeal
The repeal or the repeal and reenactment of any provision of the 2009 International Property
Maintenance Code as provided in this Chapter shall not affect 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 reenacted. The repeal of any provision shall not revive any
provision or any ordinance previously repealed or superseded unless expressly stated in this
Chapter.
15.26.330 Validity
If any section, subsection, sentence, clause or phrase of the 2009 International Property
Maintenance 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 constitutionality of the remaining
provisions of this Chapter. The Town declares that it would have passed the ordinance codified
in this Chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that
any one (1) or more sections, subsections, sentences, clauses and phrases be declared invalid.
Chapter 15.27
International Energy Conservation Code
15.27.010 Adoption
The Town adopts the 2009 International Energy Conservation Code and all appendix chapters
thereto. The 2009 International Energy Conservation Code was published by the International
Code Council, 500 New Jersey Avenue, N.W., Sixth Floor, Washington, D.C. 20001. A copy of
the 2009 International Plumbing Code are on file in the Town Clerk's office, and are available
for inspection during regular office hours.
15.27.020 Additions or Modifications
The 2009 International Energy Conservation Code is amended and changed in Sections
15.20.030 through 15.20. 100 of this Chapter.
15.27.030 Section 101.3 — Intent
This section is hereby amended with the addition of the following language:
"The latest editions of Rescheck and Comcheck Software, as developed by the United States
Department of Energy, may be used to demonstrate compliance with the 2009 International
Ord 10 -02 Adopting 2009 IBC 3 -15 -10 ejh
Page 42 of 45
Energy Conservation Code."
15.27.040 Section 503.2.2.1— Snowmelt Boilers
This section is hereby added as follows:
"All gas fired boilers, used for snow melt shall have a minimum efficiency of ninety -two percent
(92 %) AFUE."
Section 4. Codification Amendments. The codifier of the Town's Municipal Code, Colorado
Code Publishing, is hereby authorized to make such numerical and formatting changes as may be
necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The
Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 5. Severability. If any provision of this Ordinance, or the application of such provision
to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect
other provisions or applications of this Ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this Ordinance are declared to be
severable. The Town Council hereby declares that it would have passed this Ordinance and each
provision thereof, even though any one of the provisions might be declared unconstitutional or
invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 6. Effective Date. This Ordinance shall take effect seven days after public notice
following final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 7. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 8. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
Ord 10 -02 Adopting 2009 IBC 3 -15 -10 ejh
Page 43 of 45
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 9. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by
posting notice of adoption of this Ordinance on final reading by title in at least three public
places within the Town and posting at the office of the Town Clerk, which notice shall contain a
statement that a copy of the ordinance in full and a statement that a complete copies of the
International Building Codes adopted by reference are available for inspection for public
inspection in the office of the Town Clerk during normal business hours and which notice shall
contain .
INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED
AND REFERRED TO PUBLIC HEARING and setting such public hearing for February 23,
2010 at the Council Chambers of the Avon Municipal Building, located at One Lake Street,
Avon, ColoraGon) 9, 2010.
Ronald C. Wolfe, Mayor
Published bye public places in Town and posting at the office of the Town
Clerk at least nal action by the Town Council.
ATTEST: APPROVED AS
Ta�fMckenny, C Town C Eric il, To-
own Attorney
INTRODUCED, FINA APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on a O 1'D
Ronald C. Wolfe, Mayor
Published by posting by title in at least three public places in Town and posting by title at the
office of the Town Clerk.
ATTEST:
Ord 10 -02 Adopting 2009 IBC 3 -15 -10 ejh
Page 44 of 45
APatc2
TownkClerk
Ord 10 -02 Adopting 2009 IBC 3 -15 -10 ejh
Page 45 of 45
mow v oFq�
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• Memo
To:
Thru:
Legal Review:
Approved by:
From:
Date:
Re:
Honorable Mayor and Town Council Initials
Larry Brooks, Town Manager
Eric Heil, Town Attorney
Sally Vecchio, Ass't Town Manager /Comm. Dev.
William Gray, Chief Building Official '
February 16, 2010 '
Public Hearing - Ordinance No 10 -02, Series of 2010, Adopting the
2009 International Building Code
Summary
The Town Council is considering the second reading of an ordinance adopting the 2009
International Building Codes.
Previous Council Action
On February 9, 2010 Council accepted the first reading of Ordinance No 10 -02, Series of
• 2010 Adopting the 2009 International Building Code by Reference and Repealing and
Reenacting Title 15 of the Avon Municipal Code in its Entirety.
Discussion
The 2009 revisions to the International Building Codes have been published and staff is
recommending adoption of the regulations with exception that in the 2009 International
Residential Code (IRC), the requirement to install automatic sprinkler systems in single
family and duplex homes be put off until January 1, 2012. The next revisions to the IRC will
be published at this time and we expect this particular requirement to be modified or
repealed.
Proposed revisions to the 2009 International Fire Code (IFC) found in Chapter 15.32.010
have been changed since the first reading of the Ordinance based on comments received
from the Eagle River Fire Protection District. The code provisions will remain the same with
the exception that they are regulated under the 2009 IFC rather than the 2003 IFC.
Recommendation
Move to adopt Ordinance No 10 -02, Series of 2010 Adopting the 2009 International Building
Code by Reference and Repealing and Reenacting Title 15 of the Avon Municipal Code in its
Entirety.
Town Manager Comments:
TOWN OF AVON, COLORADO
ORDINANCE NO. 10 -02
SERIES OF 2010
AN ORDINANCE ADOPTING THE 2009 INTERNATIONAL BUILDING
CODE BY REFERENCE AND REPEALING AND REENACTING TITLE
15 OF THE AVON MUNICIPAL CODE IN ITS ENTIRETY
WHEREAS, pursuant to C.R.S. §31 -15 -103, §31 -15 -104, and §31 -20 -105 and pursuant to the
home rule powers of the Town of Avon ( "Town "), the Town Council has the power to adopt
building code regulations, to provide penalties for violations of adopted building codes, to elect
to collect delinquent charges and assessments by certifying such amounts to the Eagle County
treasurer, and make and publish ordinances necessary and proper to provide for the safety,
preserve the health, promote the prosperity, and improve the morals, order, comfort, and
convenience of its inhabitants; and
WHEREAS, the Town Council finds that the adoption of the 2009 International Building Codes
will improve the standards for construction and maintenance of buildings and will thereby
promote the health, safety and general welfare of the Avon community; and
WHEREAS, the Town Council desires to adopt the 2009 International Building Codes by
reference with certain amendments as described in this ordinance; and
•
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the •
Town Council desires to comply the requirements of the Avon Home Rule Charter by setting a
public hearing in order to provide the public an opportunity to present testimony and evidence
regarding the application and that approval of this Ordinance on first reading does not constitute
a representation that the Town Council, or any member of the Town Council, supports, approves,
rejects, or denies this ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by
reference and adopted as findings and determinations of the Town Council.
Section 2. Repealed. Avon Municipal Code Chapters 15.08, 15.09, 15.12, 15.20, 15.24, 15.32,
15.36, 15.40, 15.44, and 15.50 are hereby repealed in their entirety.
Section 3. New Code Sections Enacted. Avon Municipal Code Chapters 15.02, 15.04, 15.06,
15.08, 15.10, 15.12, 15.14, 15.163 15.18 are hereby enacted to read as follows:
Chapter 15.02 Definitions
Ord 10 -02 Adopting 2009 IBC 2 -9 -10
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•
• Chapter 15.04 Violations, Penalties, Stop Work Orders, Abatement
15.04.010 Violations
15.04.020 Penalties
15.04.030 Stop Work Orders
15.04.040 Abatement of Unsafe Conditions, Declaration of Nuisance
Chapter 15.06 Board of Appeals
15.06.010 Appeals to Town Council
15.06.020 Limitations on Authority
Chapter 15.08 International Building Code
15.08.010 Adoption
15.08.020 Additions or Modifications
15.08.030 Section 104 — Duties and Powers of the Building Official
15.08.035 Section 105 — Permits
15.08.036 Section 106 — Floor and Roof Design Loads
15.08.040 Section 107.2.5 — Site Plan
15.08.050 Section 109 — Fees
15.08.060 Section 110 — Inspections
15.08.070 Section 111 — Certificate of Occupancy
15.08.080 Section 113 — Board of Appeals
15.08.090 Section 115 — Stop Work Order
15.08. 100 Section 501.2 — Premises Identification
• 15.08.110 Section 1204 — Temperature Control
15.08.120 Section 1603.2 — Ground Snow Loads Boulder Walls
15.08.125 Section 1608.2 — Boulder Walls
15.08.130 Section 1704 — Special Inspections
15.08.140 Section 1809.5 — Frost Protection
15.08.150 Chapter 30 — Elevators and Conveying Systems
15.08.160 Appendix J — Grading
15.08.300 Violation
15.08.3 10 Penalty
15.08.320 Repeal
15.08.330 Validity
Chapter 15.09 International Residential Code
15.09.010 Adoption
15.09.020 Additions or Modifications
15.09.030 Section R104 — Duties and Powers of the Building Official
15.09.040 Section R105 — Permits
15.09.050 Section R106.2
— Site Plan
15.09.060 Section R108 —
Fees
15.09.070 Section R109 —
Inspections
15.09.080 Section R110 —
Certificate of Occupancy
• Ord 10 -02 Adopting 2009 IBC 2 -9 -10
Page 2 of 45
15.09.090 Section R112 — Board of Appeals •
15.09. 100 Section R114.1 — Stop Work Order
15.09.110 Table R301.2(1) — Climatic and Geographic Design Criteria
15.09.115 Section R313 — Automatic Fire - Sprinkler Systems
15.09.120 Section R319 — Site Address
15.09.140 Section R403.1.4 — Minimum Depth
15.09.300 Violation
15.09.3 10 Penalty
15.09.320 Repeal
15.09.330 Validity
Chapter 15.12 National Electrical Code
15.12.010 Adoption
15.12.020 Administration — Fees
15.12.300 Violation
15.12.3 10 Penalty
15.12.320 Repeal
15.12.330 Validity
Chapter 15.20 International Plumbing Code
15.20.010 Adoption
15.20.020 Additions or Modifications
15.20.030 Organization and Enforcement
15.20.040 Section 103.1.3 — Department of Plumbing Inspection •
15.20.050 Section 106 — Fee Schedule
15.20.060 Section 306 — Trenching, Excavation and Backfill
15.20.065 Section 412.5 — Mechanical Rooms
15.20.070 Section 606.2 — Location of Shutoff Valves
15.20.080 Section 906 — Vent Termination
15.20.300 Violation
15.20.310 Penalty
15.20.320 Repeal
15.20.330 Validity
Chapter 15.24 International Mechanical Code
15.24.010 Adoption
15.24.020 Additions or Modifications
15.24.030 Section 106.5.2 — Fee Schedule
15.24.040 Section 109 — Means of Appeal
15.24.043 Table 403.3 Minimum Ventilation Rates
15.24.046 Section 903.3 — Unvented Gas Log Heaters
15.24.050 Section 701 — Combustion Air, General
15.24.060 Section 902 — Masonry Fireplaces
15.24.300 Violation
Ord 10 -02 Adopting 2009 IBC 2 -9 -10 •
Page 3 of 45
• 15.24.3 10 Penalty
15.24.320 Repeal
15.24.330 Validity
Chapter 15.26 International Fuel Gas Code
15.26. 010 Adoption
15.26.020 Additions or Modifications
15.26.030 Organization and Enforcement
15.26.040 Section 103.1 — Department of Inspection
15.26.050 Permits
15.26.060 Section 304.1 — General
15.26.070 Section 404.5 — Protection Against Physical Damage
15.26.300 Violation
15.26.310 Penalty
15.26.320 Repeal
15.26.330 Validity
Chapter 15.32 Fire Code
15.32.010 Adoption
15.32.020 Additions or Modifications
15.32.030 Section 104.6 — Official Records
15.32.040 Section 104.11 — Authority at Fires and Other Emergencies
• 15.32.050 Section 104.11.3 — Systems and Devices
15.32.060 Section 105. 1.1 — Permits Required
15.32.070 Section 105.6 — Required Operational Permits
15.32.080 Section 105.7 — Required Construction Permits
15.32.090 Section 108 — Board of Appeals
15.32. 100 Section 202 — General Definitions
15.32.110 Section 308.3.1 — Open -Flame Cooking Devices
15.32.120 Section 603.8.2 — Spark Arrestor
15.32.130 Section 905.1 — Standpipe Systems, General
15.32.140 Section 907 — Fire Alarm and Detection Systems
15.32.300 Violation
15.32.3 10 Penalty
15.32.320 Repeal
15.32.330 Validity
Chapter 15.36 Factory -Built Housing and Manufactured Homes
15.36.010 Adoption
15.36.020 Additions or Modifications
15.36.030 Definitions
15.36.040 Park Site and General Requirements
15.36.050 General Requirements, Manufactured Housing
15.36.060 General Requirements, Factory -Built Units
• Ord 10 -02 g
Ado tin 2009 IBC 2 -9 -10
Adopting
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Chapter 15.40 Solid -Fuel- Burning Devices •
15.40.010 Adoption
15.40.020 Additions or Modifications
15.40.030 Purpose and Applicability
15.40.040 Definitions
15.40.050 Regulations Below Elevation of Seven Thousand Eight Hundred Twenty Feet
15.40.060 Gas Appliances
15.40.070 Coal Usage Prohibited
Chapter 15.44 2009 International Property Maintenance Code
15.44.010 Adoption
15.44.020 Additions or Modifications
15.44.030 Section 205, Board of Appeal
15.44.300 Violation
15.44.3 10 Penalty
15.44.320 Repeal
15.44.330 Validity
Chapter 15.48 2009 International Energy Conservation Code
15.48.010 Adoption
15.48.020 Additions or Modifications
15.48.030 Section 101.3 — Intent
15.48.040 Section 503.2.2.1 — Snowmelt Boilers •
Chapter 15.02
Definitions
The definitions set forth in this Chapter 15.02 shall to all the Chapters in this Title 15 and shall
apply to all codes adopted in this Title 15. In the event of any conflict, the definitions in this
Chapter 15.02 shall apply first and take precedence, the definitions in the codes adopted by this
Title 15 shall apply next, and the definition of any word, term or phrase set forth elsewhere in the
Avon Municipal Code shall apply after the definition of codes adopted by this Title 15.
Building Official shall mean the person designated as the Building Official by the Town
Manager.
Person shall mean any natural person, corporation, organization, association or association of
any of the foregoing.
Ord 10 -02 Adopting 2009 IBC 2 -9 -10 •
Page 5 of 45
• Town Attorney shall mean the attorney appointed by the Town Council as the Town Attorney,
the Town Attorney's designee, another attorney appointed by the Town Council for the purpose
of enforcing this Title 15, or the Town Prosecutor.
Chapter 15.04
Violations, Penalties, Stop Work Orders, Abatement
15.04.010 Violations
(a) Unlawful Acts. It is unlawful for any person to erect, construct, alter, move, demolish,
repair, use or occupy any building or structure in the Town, or cause or permit the same to be
done, or fail to comply with any lawful order or directive, which act is contrary to or in violation
of any provision of any code, standard, or regulation adopted by this Title 15, and any such
unlawful act shall be deemed to be a violation of this Title 15.
(b) Notice of Violation. The Building Official shall serve a Notice of Violation or order for the
erection, installation, alteration, extension, repair, removal or demolition of any work which
violates any code adopted in this Title 15, or any change in occupancy of any building or
equipment regulated by any coded adopted in this Title 15, or any violation of any permit,
certificate or condition of any permit or certificate issued under the provisions of any code
adopted by this Title 15. The Notice of Violation shall be served upon the contact person
• designated in any active permit issued by the Town or the property owner of record according to
the records of the Eagle County Assessor's Office or by posting the Notice of Violation in a
conspicuous place on the property. The Notice of Violation shall cite the specific section or
sections of the code or codes which are violated and shall direct the discontinuance of the illegal
action or condition and the abatement of the violation.
(c) Prosecution of Violation. If compliance with the Notice of Violation is not accomplished
promptly, the Building Official shall request the Town Attorney to institute appropriate
proceedings in law or equity to restrain, correct or abate the violation, to require the removal or
termination of the unlawful structure, equipment or occupancy, and to seek such fines, penalties,
fees and restitution as may be appropriate.
15.04.020 Penalties
Any person who violates any provision of this code or any code adopted in this Title 15 shall be
guilty of a misdemeanor offense and shall be punishable as set forth in Chapter 1.09 Civil
Offense. In addition to other means provide by law, the Town may recover all costs and
penalties imposed by certifying such amounts to the treasurer of Eagle County and such amounts
shall be collected and paid over by treasurer of Eagle County in the same manner as taxes area
authorized in accordance with Colorado Revised Statute section 31 -20 -105.
15.04.030 Stop Work Orders
• Ord 10 -02 Adopting 2009 IBC 2 -9 -10
P g
Page 6 of 45
(a) Authority. The Building Official is authorized to issue a stop work order when the •
Building Official finds any worked regulated by this Title 15, or any code adopted by this Title
15, being performed in a manner either contrary to the provisions of any code adopted herein or
being performed in a dangerous or unsafe manner.
(b) Issuance. The stop work order shall be in writing and shall be given to the owner of the
property upon which the violation has occurred or is occurring, or to the owner's agent, or to the
person doing the work, or may be posted in a conspicuous manner on the property. Upon
issuance of a stop work order, the cited work shall immediately cease. The stop work order shall
state the reason for the order, and the conditions under which the cited work will be permitted to
resume. The Building Official may also include conditions or directives in the Stop Work Order
to secure the property where appropriate due to unsafe conditions, soil erosion control, water
quality degradation, or other matters in which conditions on the property threaten the health,
safety or general welfare of the public or threaten to negatively impact or damage other property.
(c) Unlawful Continuance. Any person who shall continue any work after a stop work order
has been issued, except such work as may be directed to remove a violation, address an unsafe
condition, or secure the property, shall be deemed to be a violation of this Title 15 and shall be
subject to penalties as set forth in this Title 15.
15.04.040 Abatement of Unsafe Conditions, Declaration of Nuisance
(a) Declaration of Public Nuisance. Any use or condition of a property, structure or equipment •
regulated by this Title 15 which constitutes an unsafe condition, unsanitary condition, or
hazardous threat to life, safety, health, public welfare or property by reason of inadequate
maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is hereby
declared to be an unsafe condition. An unsafe condition is hereby declared to be a public
nuisance.
(b) Order of Abatement. The Building Official or Town Attorney may take action to order the
abatement of any unsafe condition. Unsafe conditions shall be abated by repair, rehabilitation,
demolition, or removal of the equipment or structure which poses unsafe conditions, or by
securing such property, structure or equipment to restrict the use, accessibility or risk posed by
the unsafe condition. The Building Official or Town Attorney shall issue an order of abatement
in writing to the property owner which shall describe the action required to abate the unsafe
condition and shall provide a timeframe for compliance. No person shall use the structure or
equipment constituting an unsafe condition after receiving such notice.
(c) Failure to Comply, Abatement by Town. In the event the property owner fails to comply
with an order of abatement within the timeframe for compliance stated in such order, the Town
may proceed to enter the property, abate the unsafe condition and correct the public nuisance.
Town shall post notice of Town's intention to enter the property and abatement the unsafe
condition and public nuisance at least twenty four (24) hours in advance by posting written
Ord 10 -02 Adopting 2009 IBC 2 -9 -10
Page 7 of 45
•
• notice in a conspicuous place on the property, except where unsafe conditions warrant immediate
abatement, in which case the Town shall not be required to post written notice in advance of
entering the property.
(d) Disconnection of Service Utilities. The Building Official shall have the authority to
authorize disconnection of utility services to the building, structure or system regulated by the
technical codes in case of emergency, where necessary, to eliminate an immediate danger to life
or property. Where possible, the owner or occupant of the building, structure or service system
shall be notified of the decision to disconnect utility service prior to taking such action. If not
notified prior to disconnecting the utility service, the owner or occupant of the building, structure
or service systems shall be notified in writing, as soon as practical thereafter.
(e) Connection After Order to Disconnect. No person shall make connections from any
energy, fuel, power supply, water distribution, or other utility service, or supply energy, fuel or
water to any equipment regulated by this Title 15 that has been disconnected or ordered to be
disconnect by the Building Official or the use of which has been ordered to be disconnected by
the Building Official until the building Official authorizes the reconnection and use of such
equipment.
(f) Recovery of Costs, Lien. The Town may recover the direct costs incurred for abatement of
unsafe conditions together with a fifteen percent (15 %) surcharge for administrative expense and
eighteen percent (18 %) interest per year on the total outstanding amount due to the Town. All
• costs, surcharges and interest shall be recoverable against the property owner. In addition to
other means provide by law, the Town may recover all costs, surcharges and interest imposed by
certifying such amounts to the treasurer of Eagle County and such amounts shall be collected and
paid over by treasurer of Eagle County in the same manner as taxes area authorized in
accordance with Colorado Revised Statute section 31 -20 -105.
Chapter 15.06
Board of Appeals
15.06.010 Appeals to Town Council. A person shall have a right to appeal a decision of
the Building Official to the Town Council acting in the capacity of the Board of Appeals. An
application for appeal shall be filed with the Town Clerk within twenty days after the date of the
decision of the Building Official. An application for appeal shall be based on a claim that the
true intent of this code or the rules legally adopted hereunder has been incorrectly interpreted.
The application must state the specific order, decision or determination being appealed and
include documentation to support the appeal. The board shall render a decision within 30 days
of receipt of the appeal. The decision of the board shall be by resolution and copies shall be
furnished to the appellant and to the Building Official. The Building Official shall take
immediate action in accordance with the decision of the board.
15.06.020 Limitations on Authority. An application for appeal shall be based on a claim that
•
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the true intent of this code or the rules legally adopted there under have been incorrectly •
interpreted, the provisions of this code do not fully apply or an equally good or better form of
construction is proposed. The Town Council acting in the capacity of the Board of Appeals shall
have no authority to waive requirements of this code.
15.06.030 Limitation of Liability. Any member of the Town Council, 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 their duties. Any suit brought
against a member or members of the Town Council because of any 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."
CHAPTER 15.08
Building Code
15.08.010 Adoption
(a) The Charter of the Town of Avon, Section 6.9, provides that standards codes may be adopted
by reference with amendments. The Town adopts the 2009 International Building Code, •
excluding Chapter 27 Electrical and including Appendix C Group U — Agricultural Buildings,
Appendix E Supplementary Accessibility Requirements, Appendix J Grading and the generic
fire- resistive assemblies listed in the Fire Resistance Design Manual, published by the Gypsum
Association, most current addition, as referenced in the specified International Building Code.
(b) The 2009 International Building Code is published by the International Code Council, 4051
West Flossmoor Road, Country Club Hills, Illinois, 60478 -5795. Copies of the 2003
International Building Code are on file in the office of the Town Clerk and are available for
inspection during regular business hours.
15.08.020 Additions or Modifications
The 2009 International Building Code is amended and changed as described in Sections
15.08.030 through 15.08.160.
15.08.030 Section 104 — Duties and Powers of the Building Official
(a) Section 104. 1, General, is amended to read as follows:
"104.1 General. The Building Official is hereby authorized and directed to enforce the
provisions of this code and other provisions of the Avon Municipal Code. For such purposes, the
Building Official shall have the powers of a law enforcement officer. The Building Official shall
have the authority to render interpretations of this code and to adopt policies and procedures in
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•
• order to clarify the application of its provisions. Such interpretations, policies and procedures
shall be in compliance with the intent and purpose of this code. Such policies and procedures
shall not have the effect of waiving the requirements specifically provided for in this code."
(b) Section 104.6, Right of Entry, is amended to read as follows:
"104.6 Right of Entry. Where it is necessary to make an inspection to enforce the provisions of
this code, and of other provisions of the Avon Municipal Code, or where the Building Official
has reasonable cause to believe that there exists in a structure or upon a premises a condition that
is contrary to or in violation of this code, and of other provisions of the Avon Municipal Code,
which makes the structure or premises unsafe, dangerous or hazardous, the Building Official is
authorized to enter the structure or premises at reasonable times to inspect or to perform the
duties imposed by this code, and other provisions of the Avon Municipal Code, provided that if
such structure or premises be occupied that credentials be presented to the occupant and entry
requested. If such structure or premises is unoccupied, the Building Official shall first make a
reasonable effort to locate the owner or other person having charge or control of the structure or
premises and request entry. If entry is refused, the Building Official shall have recourse to the
remedies provided by law to secure entry."
15.08.035 Section 105 — Permits
(a) Section 105. 1, Required, is amended by adding the following language:
"No building or mechanical permits will be issued for the installation of a wood burning device
• unless the device is in conformance with the Chapter 15.40, Solid- Fuel - Burning Devices."
(b) Section 105.1.1, Annual permit, is deleted.
(c) Section 105.1.2, Annual permit records, is deleted.
(d) Section 105.5, is amended to read as follows:
"105.5 Expiration. Every permit issued shall expire and become invalid unless the work on the
site authorized by such permit is commenced within 180 days after its issuance, or if the work
authorized on the site by such permit is suspended or abandoned for a period of 180 days after
the time the work is commenced. The Building Official is authorized to grant, in writing, one
extension of time, for a period of 180 days. The extension shall be requested in writing prior to
the expiration date, shall demonstrate justifiable cause and include a fee of one half the amount
required for a new permit for such work. Work on the site shall be deemed as commenced upon
approval of the final footing inspection and shall be deemed as suspended or abandoned if no
subsequent inspections have been approved within a 180 -day period."
15.08.036 Section 106 — Floor and Roof Design Loads
Section 106 is adopted as written.
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15.08.040 Section 107.2.5 — Site Plan
Section 107.2.5 Site plan, is amended to read as follows:
C,
"107.25 Site Plan. The construction documents submitted with the application for permit shall
be accompanied by a site plan showing to scale the size and location of new construction and
existing structures on the site, distances from lot lines, the established street grades and the
proposed finish grades and, as applicable, flood hazard areas, floodways, and design flood
elevations. The site plan shall be based on, and be accompanied by a recent topographic survey
conforming to National Map Accuracy. Standards, prepared by a registered land surveyor,
licensed to practice in the State of Colorado. 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. A complete flood plain
development plan, as described by FEMA, is required. 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 affix his name and seal. Permanent reference monuments shall be set
and marked and shall be made of No. 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. In the case of demolition, the
site plan shall show construction to be demolished and the location and size of existing structures
and construction that are to remain on the site or plot. The Building Official is authorized to
waive or modify the requirement for a site plan when the application for permit is for alteration,
repair or remodel totally within the limits of an existing building or structure, or when otherwise •
warranted."
15.08.050 Section 109 — Fees
(a) Section 190.2 Schedule of Permit Fees, is amended to read as follows:
"109.2 Schedule of Permit Fees. On buildings, structures, electrical, gas, mechanical and
plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required
in accordance with the schedule as established by resolution by the Town Council of the Town of
Avon."
(b) Section 109.6, Refunds is deleted.
(c) Section 109.7, Contractor licensing, is amended to add the following language:
"109.7 Contractor Licensing. All contractors, including those who are duly licensed by the
State, shall purchase a license for conducting work within the Town of Avon. Established
annual fees are:
Class I
General Contractor
$125.00
Class II
Other Contractors
$ 35.00
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• 1 Class III I Municipal Contractors 1 $ 75.00
Licenses issued pursuant to this section shall be valid for a period of one year from the date of
issue. Every contractor, including Electrical Contractors and owner - builders, shall provide
current certificate of insurance for statutory workers compensation and commercial general
liability insurance of one million dollars ($1,000,000) per occurrence and two million dollars
($2,000,000) general aggregate before a contractor's license is issued. An owner - builder is one
that will personally perform at least 50% of all labor involved in the construction of a single -
family residence, and will be on site to supervise all other work involved. The building shall be
intended for use as the principal residence of the owner- builder and shall be personally occupied
by said owner- builder for a minimum of one year from the date the Certificate of Occupancy is
issued."
15.08.060 Section 110 —Inspections
Section 110, Inspections, is amended to read as follows:
"(1) Section 110.2, Preliminary Inspection
110.2.1 Inspection Record Card. Inspection record cards shall be on the Construction Sign. It
shall be the responsibility of the permittee to display the inspection record card on the job site
throughout the construction process for the inspector's signatures. For approval to occupy the
structure, either by Temporary Certificate of Occupancy or Certificate of Occupancy, this card
• must have complete sign -offs for all required inspections and be returned to the Town of Avon
Building Official. If the card becomes unreadable or lost there will be a $20.00 fee to replace or
update the card. The Building Official is authorized to waive the record card on a fob by fob
basis.
110.2.2 Site Preparation Inspection. The site preparation inspection shall include the staked
property lines, setback lines, area of disturbance and soils erosion control measures. A
construction sign with building permit number, street address and contractors name shall be
installed on the site and properly placed to be seen and read from the street and all necessary
toilet facilities in place prior to this inspection being approved.
110.2.3 Culvert and Driveway Base. The culvert and driveway base inspection shall be done
prior to the placement of the permanent driveway covering. The culvert and approach shall
conform to Title 12 of the Avon Municipal Code. This inspection is one of the requirements for
Occupancy of the building."
(2) Section 109.3.1, Footing and Foundation Inspection, is amended by the addition of the
following language:
"The footing inspection shall be done after the Site Preparation Inspection, and when all footing
forms and steel are in place. In winter, blankets and heating devices shall be on site to prevent
freezing of the concrete during freezing weather.
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110.2.3.1 Improvement Location Survey Inspection. An Improvement Location Survey shall •
be prepared by a Colorado - licensed professional land surveyor. The improvement location
survey inspection shall be the second part of the foundation inspection. An Improvement
Location Survey shall be done when the forms are removed. The Survey shall contain all
required statutory information and show all walls in relationship to the required setbacks, as well
as all pertinent elevations at the top of the wall. The benchmark must be the same one used for
the plan approval process. The Survey shall be presented to the Building Official within 15
working days of the date of the foundation inspection or else all construction on the site will be
stopped until the survey is presented and approved by the Town.
110.2.3.2 Second Improvement Location Survey. A second Improvement Location Survey
prepared by a Colorado - licensed professional land surveyor shall be submitted for all buildings
that have been designed to within 18 inches of allowable building height, or within 18 inches of a
setback line. The inspection is to be done at the time the ridge boards are in place, and shall show
all pertinent elevations using the original benchmark. The frame inspection will not be approved
until this survey has been presented to the Building Official and has been approved. If this
survey is not presented within 15 working days of the frame inspection then all work on the
project will be stopped until the survey is presented and approved by the Town.
(3) Section 110.2.3.3 is amended by adding the following language:
"110.2.3.3 Cleanup 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, as determined by the Building Official, to the permit holder to do so, the
actual costs for such services shall be charged to the permit holder, which sum shall be payable
at the time a Temporary Certificate of Occupancy is applied for. Construction debris shall be
stored in one general location on the site, and shall be removed weekly, or more frequently if
necessary, by the permit holder or his agent. Job sites shall be sprinkled as required by the
Building Official to prevent blowing of dust. In determining whether or not to sprinkle, the
Building Official shall consider availability of water, weather conditions and other relevant
factors."
15.08.070 Section 111— Certificate of Occupancy
Section 111 is amended by adding the following language:
"111.2.1 Conditions of the Certificate of Occupancy. The Certificate of Occupancy shall not
be issued until all construction has been completed, including building, electrical, plumbing,
mechanical, fire systems, landscaping, paving, final grading, drainage and all other construction.
All signs of construction must be removed from the property, including excess dirt, building
materials, trash containers, rubbish, trash and related items, before the Certificate of Occupancy
will be issued.
111.2.2 Cleanup, Landscaping and General Construction Deposit. A cleanup, landscaping
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•
• and general construction deposit ( "deposit ") is designed to provide security for all conditions
contained in the temporary certificate of occupancy ( "TCO "). The deposit shall be paid in cash
and shall be paid to the Town of Avon. In lieu of cash, and upon a showing to the Town that
adequate security will be provided thereby, the deposit may be by a letter of credit. The letter of
credit must be valid for one year and renewable upon the Town's request. The amount of the
deposit required shall be based upon a current bid by a reputable contractor, plus twenty -five
percent of the bid, good for sufficient time to allow completion of the work, or upon some other
basis deemed acceptable by the Town. The bid shall be based upon completion of all remaining
work indicated on the approved building permit plans, and any subsequent conditions of
approval. If the cleanup, landscaping and general construction, as defined in this Chapter, is not
completed within three months of the date the TCO is issued, the Town may, but shall not be
obligated to, complete such cleanup, landscaping and general construction, the cost of doing so,
together with a fee in the amount of twenty percent of such costs, to be charged to the permit
holder and deducted from the cash deposited. If the cost for completion by the Town, 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 as delinquent ad valorem
taxes levied against such property.
111.2.3 Conditions of a Temporary Certificate of Occupancy.
1. A temporary certificate of occupancy ( "TCO ") shall be valid for three (3) months. The
Building Official may grant one TCO extension for up to three months. Such extension shall be
• granted in writing.
2. The following shall be completed prior to the issuance of a temporary certificate of occupancy
for commercial or multi - family (A, B, E, F, H, I, M, S and R- 1- 2 -4 &I) occupancies:
a. The exterior of the building is complete, including painted vents, meters and light fixtures.
b. The interior shell building is complete with all required final inspections approved, including
building, fire sprinkler (if required), electrical, plumbing and mechanical smoke detectors, fire
alarms and sprinklers.
c. Two operative bathrooms on each floor being occupied in other than R occupancies.
d. Entrance and other work within the public right -of -way must be approved.
e. All required parking paved and marked.
f. All utility tap fees paid.
g. Positive drainage away from the building in all directions at two percent for a minimum of
five feet.
h. Where the required cleanup, landscaping or construction required for a certificate of
occupancy is not complete, a temporary certificate of occupancy (TCO) may be issued upon
submittal and approval of a cleanup, landscaping and construction deposit in accordance with
Section 110.3.2. The surety will be returned to the permittee upon issuance of the final certificate
of occupancy.
111.2.4 Occupancy Violations. Whenever any building or structure or equipment therein
regulated by this code or by other provisions of the Avon Municipal Code is being used contrary
to the provisions of this code, or of other provisions of the Avon Municipal Code, the Building
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Official may order such use discontinued and the structure, or portion thereof, vacated by notice •
served on any person causing such use to be continued. Such person shall discontinue the use
within the time prescribed by the Building Official after receipt of such notice to make the
structure, or portion thereof, comply with the requirements of this code."
15.08.080 Section 113 — Board of Appeals
Section 113 is repealed and reenacted to read as follows:
"113.1 Appeals to Town Council. A person shall have a right to appeal a decision of the
Building Official to the Town Council acting in accordance with Chapter 15.06 of the Avon
Municipal Code."
15.08.090 Section 115 — Stop Work Order
Section 115, Authority, is amended to read as follows:
"115 Authority. Whenever the Building Official finds any work regulated by this code, other
provisions of the Avon Municipal Code, or other pertinent laws or ordinances implemented
through the enforcement of this code, being performed in a manner either contrary to the
provisions of the applicable code, law or ordinance or that is dangerous or unsafe, the Building
Official is authorized to issue a stop work order."
15.08.100 Section 501.2 — Premises Identification
Section 501.2, Premises identification, is amended to read as follows:
501.2 Premises Identification. New and existing buildings shall be provided with approved
address numbers or letters. Each character shall be a minimum 4 inches (102 mm) high and a
minimum of 0.5 inches (I 2.7mm) wide. They shall be installed on a contrasting back ground and
be plainly visible from the street or road fronting the property. Where access is by means of a
private road and the building address cannot be viewed from the public way, a monument, pole
or other approved sign or means shall be used to identify the structure."
15.08.110 Section 1204 — Temperature Control
Section 1204 is amended to read as follows:
"1204.1 Equipment and Systems. Interior spaces intended for human occupancy shall be
provided with active or passive space heating systems capable of maintaining a minimum indoor
temperature of 68 degrees Fahrenheit at a point 3 feet above the floor on the design heating day.
Outside design temperature shall be not more than minus 20 degrees Fahrenheit.
Exception: Interior spaces where the primary purpose is not associated with human comfort."
15.08.120 Section 1608.2 — Ground Snow Loads
Section 1608.2, Ground Snow Loads, is amended to read as follows:
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•
• 1608.2 Ground Snow Loads. Snow load shall be determined by the altitude of the property
being built on. Property at 8600 feet and above shall be designed for a snow load of 90 pounds
per square foot. Property below 8600 feet shall be designed for a 75- pound- per - square -foot snow
load."
15.08.125 Section 1603.2 — Boulder Walls
"1603.2 Boulder Walls. This section is hereby added with the following language: Boulder
walls (rock walls) four feet and taller shall be designed by an engineer licensed to practice in the
State of Colorado."
15.08.130 Section 1704 — Special Inspections
Section 1704, Special Inspections, is amended by adding the following:
"1704.2.3 Log Frame Construction — Log Inspection. A third party inspection by a certified
log inspection agency shall be required of all structural members in log frame buildings. A letter
from the log grading agency certifying that log grades are in accordance with the plan
specifications shall be required at or prior to the frame inspection."
"1704.16.1.1 Special Inspections for Elevators. Elevators installed in all buildings or
structures shall require a third party plan review and inspection by a certified elevator inspection
agency."
• 15.08.140 Section 1809.5 — Frost Protection
1809.5, Item 1. Shall be amended as follows:
"Footings shall have a minimum depth of 48 inches from the top of the finished grade to the
bottom of the footer."
15.08.150 Chapter 30 — Elevators and Conveying Systems
Section 3001.5 is added to read:
"3001.5 Fees. Elevator permit applications and inspections will be administered by and through
the Northwest Colorado Council of Governments. Elevator permit and inspection fees shall be
paid to the Northwest Colorado Council of Governments. (For permit application and inspections
contact the Northwest Colorado Council of Governments Elevator Inspection Program at 970-
468 -0295 (Ext. 108.)"
This program exists as Memorandum of Agreement with the Division of Oil & Public Safety.
All conveyances in Colorado shall be registered with the Division of Oil & Public Safety (OPS).
The Town of Avon adopts the A17.1-2007 elevator code and the A18.1-2005 safety standard for
vertical platform and wheelchair lifts, by reference."
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15.08.160 Appendix J — Grading •
"Appendix J Section J101.1 Scope. Section J101.1 Scope is amended by adding the following
sentence: Grading permits shall be permitted, regulated and enforced by the Town of Avon
Engineer."
15.08.300 Violation
The following clause concerning violations is set forth in full and adopted with reference to the
2009 International Building Code named in the title of this Chapter:
"It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish,
repair, use and occupy any building or structure in the Town, or cause or permit the same to be
done, contrary to or in violation of any of the adopted or modified provisions of any of the codes
or standards named in the title of this Chapter."
15.08.310 Penalty
Any person violating any of the provisions of this Chapter or of the provisions of the 2009
International Building Code named in the title of this Chapter, as adopted and modified herein,
shall be deemed to have committed a civil infraction for each and every day or portion thereof
during which any infraction 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 shall be subject to the penalties •
contained in Chapter 1.09 of this Code.
15.08.320 Repeal
The repeal or the repeal and reenactment of any provision of the code of the Town as provided in
this Chapter shall not affect 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
reenacted. The repeal of any provision shall not revive any provision of any ordinance previously
repealed or superseded unless expressly stated in this Chapter.
15.08.330 Validity
If any section, subsection, sentence, clause, or phrase of the 2009 International Building 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 constitutionality of the remaining provisions of this
Chapter. The Town declares that it would have passed the ordinance codified in.this Chapter, and
each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional.
CHAPTER 15.09
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•
• Residential Code
15.09.010 Adoption
(a) Section 6.9 of the Town Charter provides that standards codes may be adopted by reference
with amendments. The Town adopts the 2009 International Residential Code for One- and Two -
Family Dwellings, excluding Chapters 36, 37, 38, 39, and 40 and including Appendix G.
(b) The 2009 International Residential Code for One- and Two - Family Dwellings is published
by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, Illinois,
60478 -5795. A copy of the 2009 International Residential Code for One- and Two - Family
Dwellings is on file in the office of the Town Clerk and is available for inspection during regular
business hours.
15.09.020 Additions or Modifications
The 2009 International Residential Code for One- and Two - Family Dwellings is amended and
changed as described in Sections 15.09.030 through 15.09.140.
15.09.030 Section R104 — Duties and Powers of the Building Official
(a) Section R104.1, General, is amended to read as follows:
"R104.1 General. The Building Official is hereby authorized and directed to enforce the
• provisions of this code and other provisions of the Avon Municipal Code. For such purposes, the
Building Official shall have the powers of a law enforcement officer. The Building Official shall
have the authority to render interpretations of this code and to adopt policies and procedures in
order to clarify the application of its provisions. Such interpretations, policies and procedures
shall be in compliance with the intent and purpose of this code. Such policies and procedures
shall not have the effect of waiving the requirements specifically provided for in this code."
(b) Section R104.6, Right of Entry, is amended to read as follows:
"R104.6 Right of Entry. Where it is necessary to make an inspection to enforce the provisions
of this code, and of other provisions of the Avon Municipal Code, or where the Building Official
has reasonable cause to believe that there exists in a structure or upon a premises a condition that
is contrary to or in violation of this code, and of other provisions of the Avon Municipal code,
which makes the structure or premises unsafe, dangerous or hazardous, the Building Official is
authorized to enter the structure or premises at reasonable times to inspect or to perform the
duties imposed by this code, and other provisions of the Avon Municipal Code, provided that if
such structure or premises be occupied that credentials be presented to the occupant and entry
requested. If such structure or premises is unoccupied the Building Official shall first make a
reasonable effort to locate the owner or other person having charge or control of the structure or
premises and request entry. If entry is refused, the Building Official shall have recourse to the
remedies provided by law to secure entry."
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15.09.040 Section R105 — Permits •
(a) Section R105.1, Required, is amended by adding the following language:
"No building or mechanical permits will be issued for the installation of a wood - burning device
unless the device is in conformance with the Town of Avon, Chapter 15.40 of the Avon
Municipal Code."
(b) Section R105.5 is amended to read as follows:
"R105.5 Expiration. Every permit issued shall expire and become invalid unless the work on
the site authorized by such permit is commenced within 180 days after its issuance, or if the
work authorized on the site by such permit is suspended or abandoned for a period of 180 days
after the time the work is commenced. The Building Official is authorized to grant, in writing,
one extension of time, for a period of 180 days. The extension shall be requested in writing prior
to the expiration date, shall demonstrate justifiable cause and include a fee of one -half the
amount required for a new permit for such work. Work on the site shall be deemed as
commenced upon approval of the final footing inspection and shall be deemed as suspended or
abandoned if no subsequent inspections have been approved within a 180 -day period.
15.09.050 Section R106.2 — Site Plan
Section R106.2, Site plan, is amended to read as follows:
"11106.2 Site Plan. The construction documents submitted with the application for permit shall •
be accompanied by a site plan showing to scale the size and location of new construction and
existing structures on the site, distances from lot lines, the established street grades and the
proposed finish grades and, as applicable, flood hazard areas, floodways, and design flood
elevations. The site plan shall be based on, and be accompanied by a recent topographic survey
conforming to National Map Accuracy Standards, prepared by a registered land surveyor,
licensed to practice in the State of Colorado. 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. A complete flood
plain development plan, as described by FEMA, is required. 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 affix his name and seal. Permanent reference monuments shall be set and
marked and shall be made of No. 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. In the case of demolition, the
site plan shall show construction to be demolished and the location and size of existing structures
and construction that are to remain on the site or plot. The Building Official is authorized to
waive or modify the requirement for a site plan when the application for permit is for alteration,
repair or remodel totally within the limits of an existing building or structure, or when otherwise
warranted."
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•
• 15.09.060 Section R108 — Fees
(a) Section R108.2, Schedule of Permit Fees, is amended to read as follows:
"R108.2 Schedule of Permit Fees. On buildings, structures, gas, mechanical, and plumbing
systems or alterations requiring a permit, a fee for each permit shall be paid as required in
accordance with the schedule as established by resolution by the Town Council of the Town of
Avon."
(b) R108.4, Related fees, is amended by the addition of the following:
"R108.4.1 Elevators and Conveying Systems Fees. Elevator permit applications and
inspections will be administered by and through the Northwest Colorado Council of
Governments. Elevator permit and inspection fees shall be paid to the Northwest Colorado
Council of Governments. (For permit application and inspections contact the Northwest
Colorado Council of Governments Elevator Inspection Program at 970 - 468 -0295 ext. 108.)"
(c) Section R108.5, Refunds, is deleted.
(d) Section R108.6, Contractor Licensing, is added to read as follows:
"R108.6 Contractor Licensing. All contractors, including those who are duly licensed by the
• State, shall purchase a license for conducting work within the Town of Avon. Established
annual fees are:
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 one year from the date of
issue. Every contractor, including Electrical Contractors and owner- builders, shall provide
current certificate of insurance for statutory workers compensation, and general commercial
liability insurance of one million dollars ($1,000,000) per occurrence and two million dollars
($2,000,000) general aggregate before a contractor's license is issued. An owner- builder is one
that will personally perform at least 50% of all labor involved in the construction of a single -
family residence, and will be on site to supervise all other work involved. The building shall be
intended for use as the principal residence of the owner- builder and shall be personally occupied
by said owner- builder for a minimum of one year from the date the Certificate of Occupancy is
issued."
15.09.070 Section R109 — Inspections
Section R109 is amended as follows:
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(1) Section R109.1.1, Foundation inspection, is amended by addition of the following language: •
"The footing inspection shall be done after the Site Preparation Inspection, and when all footing
forms and steel are in place. In winter, blankets and heating devices shall be on site to prevent
freezing of the concrete during freezing weather.
R109.1.1.1 Improvement Location Survey Inspection. An Improvement Location Survey
shall be prepared by a Colorado - licensed professional land surveyor. The improvement location
survey inspection shall be the second part of the foundation inspection. An Improvement
Location Survey shall be done at the time of the foundation wall inspection. The Survey shall
contain all required statutory information and show all walls in relationship to the required
setbacks, as well as all pertinent elevations at the top of the wall. The benchmark must be the
same one used for the plan approval process. The Survey shall be presented to the Building
Official within 15 working days of the date of the foundation inspection or else all construction
on the site will be stopped until the Survey is presented and approved by the Town.
R109.1.1.2 Second Improvement Location Survey. A second Improvement Location Survey
prepared by a Colorado- licensed professional land surveyor shall be submitted for all buildings
that have been designed to within 18 inches of allowable building height, or within 18 inches of a
setback line. The inspection is to be done at the time the ridge boards are in place, and shall show
all pertinent elevations using the original benchmark. The frame inspection will not be approved
until this survey has been presented to the Building Official and has been approved. If this
survey is not presented within 15 working days of the frame inspection then all work on the
project will be stopped until the survey is presented and approved by the Town." •
(2) Section R109.1.5, Other Inspections, is amended by the addition of the following language:
"R109.1.5.2 Inspection Record Card. Inspection record cards shall be on the construction
sign. It shall be the responsibility of the permittee to display the inspection record card on the job
site throughout the construction process for the inspector's signatures. For approval to occupy the
structure, either by Temporary Certificate of Occupancy or Certificate of Occupancy, this card
must have complete sign -offs for all required inspections and be returned to the Town of Avon
Building Official. If the card becomes unreadable or lost, there will be a $20.00 fee to replace or
update the card. The Building Official is authorized to waive the use of the record card on a job
by job basis.
R109.1.5.3 Site Preparation Inspection. The site preparation inspection shall include the
staked property lines, setback lines, area of disturbance and soils erosion control measures. A
construction sign with building permit number, street address and contractor's name shall be
installed on the site and properly placed to be seen and read from the street, prior to this
inspection being approved.
R109.1.5.4 Culvert and Driveway Base. The culvert and driveway base inspection shall be
done prior to the placement of the permanent driveway covering. The culvert and approach shall
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is
• conform to Title 12 of the Avon Municipal Code. This inspection is one of the requirements for
occupancy of the building.
R109.1.5.5 Log Frame Construction — Log Inspection. A third party inspection by a certified
log inspection agency shall be required of all structural members in log frame buildings. A letter
from the log grading agency certifying that log grades are in accordance with the plan
specifications shall be required at or prior to the frame inspection.
R109.1.5.6 Special Inspections for Elevators. Elevators installed in all buildings or structures
shall require a third party plan review and inspection by a certified elevator inspection agency."
(3) Section R109.5 is added to read as follows:
"R109.5 Cleanup 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, as determined by the Building Official, to the permit holder to do so, the
actual costs for such services shall be charged to the permit holder, which sum shall be payable
at the time a Temporary Certificate of Occupancy is applied for. Construction debris shall be
stored in one general location on the site, and shall be removed weekly, or more frequently if
necessary, by the permit holder or his agent. Job sites shall be sprinkled as required by the
Building Official to prevent blowing of dust. In determining whether or not to sprinkle, the
:Building Official shall consider availability of water, weather conditions and other relevant
• factors."
15.09.080 Section R110 — Certificate of Occupancy
Section R110 is amended by adding the following language:
"R110.3.1 Conditions of the Certificate of Occupancy. The Certificate of Occupancy shall
not be issued until all construction has been completed, including building, electrical, plumbing,
mechanical, fire systems, landscaping, paving, final grading, drainage and all other construction.
All signs of construction must be removed from the property, including excess dirt, building
materials, trash containers, rubbish, trash and related items, before the Certificate of Occupancy
will be issued. Issuance of a certificate of occupancy shall not be construed as an approval of a
violation of the provisions of this code or other ordinances of the jurisdiction.
R110.4.1 Conditions of a Temporary Certificate of Occupancy.
1. A temporary certificate of occupancy ( "TCO ") shall be valid for three months. The Building
Official may grant one TCO extension for up to three (3) months. Such extension shall be
granted in writing.
2. The following shall be completed prior to the issuance of a temporary certificate of occupancy
for one- and two - family dwellings:
a. The exterior of the building is complete, including painted vents, meters and light fixtures.
b. The interior shell building is complete with all required final inspections approved, including
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building, fire sprinkler (if required), electrical, plumbing and mechanical. •
c. One bathroom operative as per the approved plans.
d. Entrance and other work within the public right -of -way must be approved.
e. Positive drainage away from the buildings in all directions at two percent (2 %) for a minimum
of five (5) feet.
f. Sufficient roadway access for emergency vehicles and minimum parking requirements must
be met.
g. All utility tap fees paid.
h. Where the required cleanup, paving, landscaping or construction required for a certificate of
occupancy is not complete, a temporary certificate of occupancy (TCO) may be issued upon
submittal and approval of a cleanup, landscaping and construction deposit in accordance with
Section R110.4.1 The surety will be returned to the permittee upon issuance of the final
certificate of occupancy.
R110.4.1 Cleanup, Landscaping and General Construction Deposit. A cleanup, landscaping
and general construction deposit ( "deposit ") is designed to provide security for all conditions
contained in the temporary certificate of occupancy ( "TCO "). The deposit shall be paid in cash
and shall be paid to the Town of Avon. In lieu of cash, and upon a showing to the Town that
adequate security will be provided thereby, the deposit may be by a letter of credit. The letter of
credit must be valid for one year and renewable upon the Town's request. The amount of the
deposit required shall be based upon a current bid by a reputable contractor, plus twenty -five
percent (25 %) of the bid, good for sufficient time to allow completion of the work, or upon some
other basis deemed acceptable by the Town. The bid shall be based upon completion of all
remaining work indicated on the approved building permit plans, and any subsequent conditions •
of approval. If the cleanup, landscaping and general construction, as defined in this chapter, is
not completed within three months of the date the TCO is issued, the Town may, but shall not be
obligated to, complete such cleanup, landscaping and general construction, the cost of doing so,
together with a fee in the amount of twenty percent (20 %) of such costs, to be charged to the
permit holder and deducted from the cash deposited. If the cost for completion by the Town, plus
the fee, exceeds the amount of the deposit, the excess, together with interest at twelve percent
(12 %) [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 as delinquent ad
valorem taxes levied against such property.
R110.6 Occupancy Violations. Whenever any building or structure or equipment therein
regulated by this code or by other provisions of the Avon Municipal Code is being used contrary
to the provisions of this code, or of other provisions of the Avon Municipal Code, the Building
Official may order such use discontinued and the structure, or portion thereof, vacated by notice
served on any person causing such use to be continued. Such person shall discontinue the use
within the time prescribed by the Building Official after receipt of such notice to make the
structure, or portion thereof, comply with the requirements of this code."
15.09.090 Section R112 — Board of Appeals
Section R112 is repealed and reenacted to read as follows:
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• 1IR112 Appeals to Town Council. A person may appeal a decision of the Building Official to
the Town Council in accordance with Chapter 15.06 of the Avon Municipal Code."
15.09.100 Section R114 — Stop Work Order
Section R114.1, Authority, is amended to read as follows:
8114.1 Notice to Owner. Whenever the Building Official finds any work regulated by this
code, other provisions of the Avon Municipal Code, or other pertinent laws or ordinances
implemented through the enforcement of this code, being performed in a manner either contrary
to the provisions of the applicable code, law or ordinance or that is dangerous or unsafe, the
Building Official is authorized to issue a stop work order. Upon notice from the Building
Official that any work is being prosecuted contrary to the provisions of this code such work shall
be immediately stopped. The stop work order shall be in writing and shall be given to the owner
of the property involved, or to the owner's agent, or to the person doing the work; and shall state
the conditions under which work will be permitted to resume."
15.09.110 Table R301.2(1) — Climatic and Geographic Design Criteria
Table R301.2(1) Climatic and Geographic Design Criteria is amended by the insertion of the
following criteria:
"a) Ground Snow Loads: Snow load shall be determined by the altitude of the property being
• built on. Property at 8600 feet and above shall be designed for a snow load of 90 pounds per
square foot. Property below 8600 feet shall be designed for a 75- pound - per - square -foot snow
load.
b) Wind Speed: 90 Miles Per Hour
c) Seismic Design Category: B
d) Weathering: Severe
e) Frost Line Depth: 48 inches
f) Termite: Slight to Moderate
g) Winter Design Temperature: -20 Degrees Fahrenheit
h) Flood Hazards: .8/18/87
i) Air Freezing Index: 2,500
j) Mean annual temp: 40 degrees Fahrenheit
15.09.115 Section R313 Automatic Sprinkler System
Section R313 is repealed and reenacted to read as follows:
"R313.1 Townhouse Automatic Fire Sprinkler Systems. An automatic residential fire
sprinkler system shall be installed in townhouses.
]Exception: An automatic residential fire sprinkler system shall not be required when additions
or alterations are made to existing townhouses that do not have an automatic residential fire
sprinkler system installed.
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R 313.1.1 Design and Installation. Automatic residential fire sprinkler systems for townhouses •
shall be designed and installed in accordance with Section P2904 or NFPA 13 D.
R313.2 One -and Two - Family Dwellings Automatic Fire Systems. Effective January 1, 2012,
an automatic residential fire sprinkler system shall be installed in one- and two - family dwellings.
Exception: An automatic residential fire sprinkler system shall not be required for additions or
alterations to existing buildings that are not already provided with an automatic residential
sprinkler system.
R313.2.1 Design and Installation. Automatic residential fire sprinkler systems shall be
designed and installed in accordance with Section P2904 or NFPA 13 D."
15.09.120 Section R319 Site Address
Section R321.1, Premises Identification, is amended to read as follows:
"R319 Address Numbers. Buildings shall have approved address numbers, building numbers
or approved building identification placed in a position that is plainly legible and visible from the
street or road fronting the property. These numbers shall contrast with their background. Address
numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4
inches (102 mm) high with a minimum stroke width of .5 inch (I2.7mm). Where access is by
means of a private road and the building address cannot be viewed from the public way, a
monument, pole or other sign or means shall be used to identify the structure."
15.09.140 Section R403.1.4 — Minimum Depth is
The first sentence is amended to read as follows:
"Footings shall have a minimum depth of 48 inches from the top of the finished grade to the
bottom of the footer."
15.09.300 Violation
The following clause concerning violations is set forth in full and adopted with reference to
the 2009 International Residential Code named in the title of this Chapter:
"It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish,
repair, use and occupy any building or structure in the Town, or cause or permit the same to be
done, contrary to or in violation of any of the adopted or modified provisions of any of the codes
or standards named in the title of this Chapter."
15.09.310 Penalty
Any person violating any of the provisions of this Chapter or of the provisions of the 2009
International Residential Code named in the title of this Chapter, as adopted and modified
herein, shall be deemed to have committed a civil infraction for each and every day or portion
thereof during which any infraction 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 shall be subject to the
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• penalties contained in Chapter 1.09 of this Code.
15.09.320 Repeal
The repeal or the repeal and reenactment of any provision of the code of the Town as provided in
this Chapter shall not affect 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
reenacted. The repeal of any provision shall not revive any provision of any ordinance
previously repealed or superseded unless expressly stated in this Chapter.
15.09.330 Validity
If any section, subsection, sentence, clause or phrase of the 2009 International Residential 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 constitutionality of the remaining provisions of this
Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and
each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional.
CHAPTER 15.12
International Electrical Code
15.12.010 Adoption
• The Town adopts the 2008 National Electrical Code. The 2008 National Electrical Code is
published by the National Fire Protection Association, Batterymarch Park, Quincy,
Massachusetts 02269. A copy of the 2008 National Electrical Code is on file in the Town
Clerk's office and is available for inspection during regular office hours.
15.12.020 Administration — Fees
Electrical permit applications and inspections will be administered by and through the Colorado
State Electrical Board Department of Regulatory Agencies. Electrical permit and inspection fees
shall be paid to the Colorado State Electrical Board Department of Regulatory Agencies. (For
permit application and inspections, contact the Colorado State Electrical Board at 1580 Logan
St., Ste. 550, Denver, Colorado 80203 -1941; Telephone 303 - 894 -2300)
15.12.300 Violation
The following clause concerning violations is set forth in full and adopted with reference to the
2008 National Electrical Code named in the title of this Chapter.
"It is 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 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
Chapter."
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15.12.310 Penalty •
Any person violating any of the provisions of this Chapter or of the provisions of the 2008
National Electrical Code named in the title of this Chapter, as adopted and modified herein, shall
be deemed to have committed a civil infraction for each and every day or portion thereof during
which any infraction 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 shall be subject to the penalties
contained in Chapter 1.09 of this Code.
15.12.320 Repeal
The repeal or the repeal and reenactment of any provision of this code as provided in this
Chapter shall not affect 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 provisions repealed or repealed and
reenacted.
15.12.330 Validity
If any section, subsection, sentence, clause or phrase of the 2008 National Electrical 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 constitutionality of the remaining provisions of this
Chapter. The Town declares that it would have passed the ordinance codified in this Chapter,
and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or
more sections, subsections, sentences, clauses and phrases be declared invalid.
CHAPTER 15.20 •
International Plumbing Code
15.20.010 Adoption
The Town adopts the 2009 International Plumbing Code and all appendix chapters thereto. The
2009 International Plumbing Code was published by the International Code Council, 500 New
Jersey Avenue, N.W., Sixth Floor, Washington, D.C. 20001. A copy of the 2009 International
Plumbing Code are on file in the Town Clerk's office, and are available for inspection during
regular office hours.
15.20.020 Additions or Modifications
The 2009 International Plumbing Code is amended and changed in Sections 15.20.030 through
15.20.100 of this Chapter.
15.20.030 Organization and Enforcement
(Refer to the 103 — Department of Plumbing Inspection)
15.20.040 Section 103.1.3 — Department of Plumbing Inspection
Section 103.1.3 is amended by adding the following paragraph:
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• "Section 103.1.3 — Licensing. Pursuant to Section 12 -58 -115 of the Colorado Revised Statutes,
only qualified licensed plumbers may install Plumbing Systems as defined in Section 202 of the
2009 International Plumbing Code."
15.20.050 Section 106 — Fee Schedule
"All fees shall be as shown on the Town of Avon Fee Schedule A (adopted by resolution of the
Town)."
15.20.060 306 — Trenching, Excavation and Backfill
15.20.060 is added and amended by adding the following language:
"The minimum cover for water supply and sewer piping, not under a building, shall be 7 feet
below finished grade."
15.20.065 Section 412.5 — Mechanical Rooms
This section is hereby amended to add the following language:
"For heating or hot -water boiler applications, the boiler room shall be equipped with a floor drain
or other means suitable for disposing of the accumulation of liquid waste incidental to cleaning,
recharging and routine maintenance."
• 15.20.70 Section 606.2 — Location of Shutoff Valves
This section is hereby amended as follows:
"Add Item 4. On the fixture supply to each plumbing fixture other than bathtubs, showers and
concealed wall mounted faucets in one- and two - family residential occupancies, and in
individual guest rooms in hotels, motels, boarding houses, and similar occupancies shutoff
valves are required."
15.20.080 Section 906 — Vent Termination
"Section 906.1. Each vent pipe or stack shall extend through its flashing and shall terminate
vertically not less than twelve (12) inches above the roof nor less than two (2) feet from any
vertical surface."
15.20.300 Violation
The following clause concerning violations is set forth in full and adopted with reference to the
2009 International Plumbing Code named in the title of this Chapter:
"It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish,
repair, use and occupy any building or structure in the Town, 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 chapter."
15.20.310 Penalty
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Any person, firm or corporation violating any of the provisions of this Chapter or of the •
provisions of the 2009 International Plumbing Code named in the title of this Chapter, as
adopted and modified herein, 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 punished by a fine of
not more than one thousand dollars ($1,000.00) or imprisonment for one (1) year or by both such
fine and imprisonment. (Ord. 07 -13)
15.20.320 Repeal
The repeal, or the repeal and reenactment, of any provision of the Code as provided in this
Chapter, shall not affect any right which has accrued, any duty imposed, or 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
reenacted. The repeal of any provision shall not revive any provision of any ordinance
previously repealed or superseded unless expressly stated in this Chapter.
15.20.330 Validity
If any section, subsection, sentence, clause or phrase of the 2009 International Plumbing 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 constitutionality of the remaining provisions of this
Chapter. The Town declares that it would have passed the ordinance codified in this Chapter,
and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or
more sections, subsections, sentences, clauses and phrases be declared unconstitutional. •
CHAPTER 15.24
International Mechanical Code
15.24.010 Adoption
The Town adopts the 2009 International Mechanical Code. The 2009 International Mechanical
Code is published by the International Code Council, Inc., 4051 West Flossmoor Road, Country
Club Hills, Illinois 60478 -5795. A copy of the 2009 International Mechanical Code is on file in
the Town Clerk's office, and is available for inspection during regular office hours. (Ord. 04 -14
§4)
15.24.020 Additions or Modifications
The 2009 International Mechanical Code is amended and changed in Sections 15.24.030 through
15.24.060 of this Chapter.
15.24.030 Section 106.5.2 — Fee Schedule
Section 106.5.2 is repealed and reenacted to read as follows:
"106.5.2 Fee Schedule The fee for each permit shall be as set forth in The Town of Avon Fee
Schedule A (as adopted by resolution of the Town Council)."
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•
• 15.24.040 Section 109 — Means of Appeal
Section 109 is repealed and reenacted as follows:
"109.1 Appeals to Town Council. A person shall have a right to appeal a decision of the
Building Official to the Town Council acting in accordance with Chapter 15.06 of the Avon
Municipal Code."
15.24.043 Table 403.3 — Minimum Ventilation Rates
This Table is hereby amended to add the following language:
"Note: 1. Ski Shop Ventilation: For ski shop ventilation compliance requirements, refer to the
2009 capital edition of the International Fire Code Section 610.4.7."
15.24.046 Section 903.3 — Unvented Gas Log Heaters
This section is hereby amended as follows:
"Unvented gas fireplaces are prohibited."
15.24.050 Section 701— Combustion Air, General
Section 701 is amended by adding a new Section 701.6 as follows:
•
11701.6 Type of Construction. All buildings in the Town of Avon shall be considered to be of
unusually tight construction and will draw all combustion air from the outside of the building."
15.24.060 Section 902 — Masonry Fireplaces
Section 902 is amended by deleting Section 902.6 and by adding the following language:
"902.3 — Definitions.
1. New Technology Device means a solid -fuel- burning device which is certified by the EPA and
listed in the Colorado Department of Health's web page under Air pollution control division,
residential burning information.
A new technology device is; one which has EPA certification as an EPA Certified wood stove.
2. EPA Certified wood stove means a heating appliance that has been independently tested by an
accredited laboratory to meet a particulate emissions limit of 7.5 grams per hour for non - catalytic
wood stoves and 4.1 grams per hour for catalytic wood stoves. A list of certified wood stoves is
available on the EPA's web site.
Only New technology devices may be used as "Solid fuel burning devices" in the Town of Avon.
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3. Gas appliance means a fully self - contained U.L. and A.G.A. listed fireplace unit which does
not require venting through a masonry chimney, which has no damper and which does not permit •
the use of solid fuel.
4. Solid fuel burning devices means any fireplace, firebox or device intended and/or used for the
purpose of burning wood, pulp, paper or other non - liquid or nongaseous fuel. This definition
specifically excludes noncommercial barbecue devices used to cook food outdoors.
5. Gas fireplace means a fire place either manufactured as a finished unit or a true masonry fire
place fitted with an A.G.A and/or U.L. listed gas log kit, has not damper and vents through an
approved vent. Exception The Building Official may approve a gas fireplace equipped with
interlocked damper and gas valve."
902.4 Regulations Below the Elevation of Seven Thousand Eight Hundred Twenty Feet.
"Below the elevation of seven thousand eight hundred twenty feet, no new wood burning or
solid -fuel burning fireplaces or other such devices shall be permitted to be constructed or
installed after the ordinance codified in this chapter becomes effective.
No mobile or modular home shall be moved in place in the Town and connected to utility service
that has installed with such mobile or modular home a solid -fuel burning device.
Below such elevation, new technology devices, gas appliances and gas fireplaces shall be
permitted. Below such elevation there shall also be permitted one EPA approved wood burning •
fireplace in the lobby of any hotel or lodge, provided a fee in the amount of three thousand
dollars ($3,000.00) is paid at the time of application for a building permit.
902.5 Regulations Above Elevation of Seven Thousand Eight Hundred Twenty Feet.
Above the elevation of seven thousand eight hundred twenty feet, one New Technology Device
shall be permitted in each new dwelling unit constructed, provided a fee in the amount of one
thousand five hundred dollars ($1,500.00) is paid at the time of application for permit; provided
no new wood - burning or other fuel - burning fire places or other devices shall be permitted in
dwelling units triplex and greater in size after the ordinance codified in this chapter becomes
effective. Above such elevation, certified New Technology solid fuel burning devices, gas
appliances and gas fireplaces shall be permitted.
902.7 Coal Usage Prohibited. The burning of coal within the Town is prohibited."
15.24.300 Violation
The following clause concerning violations is set forth in full and adopted with reference to the
2009 International Mechanical Code named in the title of this Chapter: It is unlawful for any
person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any
building or structure in the Town or cause or permit the same to be done, contrary to or in
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• violation of any of the provisions of any of the codes or standards named in the title of this
Chapter.
15.24.310 Penalty
Any person violating any of the provisions of this Chapter or of the provisions of the 2009
International Mechanical Code named in the title of this Chapter, as adopted and modified
herein, shall be deemed to have committed a civil infraction for each and every day or portion
thereof during which any infraction 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 shall be subject to the
penalties contained in Chapter 1.09 of this Code.
15.24.320 Repeal
The repeal or the repeal and reenactment of any provision of the code of the Town as provided in
this Chapter shall not affect 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
reenacted. The repeal of any provision shall not revive any provision or any ordinance
previously repealed or superseded unless expressly stated in this Chapter.
15.24.330 Validity
If any section, subsection, sentence, clause or phrase of the 2009 International 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 constitutionality of the remaining provisions of this
• Chapter. The Town declares that it would have passed the ordinance codified in this Chapter,
and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or
more sections, subsections, sentences, clauses and phrases be declared unconstitutional.
CHAPTER 15.26
International Fuel Gas Code
15.26.010 Adoption
The Town adopts the 2009 International Fuel Gas Code and all appendix chapters thereto. The
2009 International Fuel Gas Code is published by the International Code Council, 500 New
Jersey Avenue, N.W., Sixth Floor, Washington, D.C. 20001. A copy of the 2009 International
Fuel Gas Code are on file in the Town Clerk's office, and are available for inspection during
regular office hours.
15.26.020 Additions or Modifications
The 2009 International Fuel Gas Code is amended and changed in Sections 15.28 through
15.28.50 of this Chapter.
15.26.030 Organization and Enforcement
(Refer to the 2009 International Fuel Gas Code.)
• Ord 10 -02 Adopting 2009 IBC 2 -9 -10
Page 32 of 45
15.26.040 Section 103.1. International Fuel Gas Code Department of Inspection •
15.26.050 Section 106 — Permits
Section 106 is amended as follows:
"Section 106.6 — Fees
All fees shall be as shown on the Town of Avon Fee Schedule A (adopted by resolution of the
Town)."
15.26.060 Section 304.1— General
This section is hereby mended by the addition of the following language:
"New construction shall be considered unusually tight construction as defined by this code."
15.26.070 Section 404.5 — Protection Against Physical Damage
This Section is hereby amended by the addition of the following language:
"Above ground gas meters, regulators, and piping shall be protected from damage by ice or
snow, and if exposed to vehicular damage due to the proximity to alleys, driveways or parking
areas shall be protected from such damage."
15.26.300 Violation
The following clause concerning violations is set forth in full and adopted with reference to the is
2009 International Fuel Gas Code named in the title of this Chapter:
"It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish,
repair, use and occupy any building or structure in the Town, or cause or permit the same to be
done, contrary to or in violation of any of the adopted or modified provisions of any of the codes
or standards named in the title of this Chapter."
15.26.310 Penalty
Any person violating any of the provisions of this Chapter or of the provisions of the 2009
International Fuel Gas Code named in the title of this Chapter, as adopted and modified herein,
shall be deemed to have committed a civil infraction for each and every day or portion thereof
during which any infraction 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 shall be subject to the penalties
contained in Chapter 1.09 of this Code.
15.26.320 Repeal
The repeal or the repeal and reenactment of any provision of the 2009 International Fuel Gas
Code of the Town as provided in this Chapter shall not affect 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
Ord 10 -02 Adopting 2009 IBC 2 -9 -10
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•
• provision repealed or repealed and reenacted. The repeal of any provision shall not revive any
provision of any ordinance previously repealed or superseded unless expressly stated in this
Chapter.
15.26.330 Validity
If any section, subsection, sentence, clause, or phrase of the 2009 International Fuel Gas 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 constitutionality of the remaining provisions of this
Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and
each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional.
CHAPTER 15.32
Fire Code
15.32.010 Adoption
(a) Pursuant to Section 6.9 of the Town Charter, there is adopted, for the purpose of
prescribing regulations governing conditions hazardous to life and property from fire, hazardous
materials or explosion, the certain standards known as the 2009 International Fire Code,
including Appendix E Hazardous Categories, and Appendix F Hazard Ranking, save and except
such portions as are hereinafter deleted, modified or amended by this Chapter.
• (b) The 2009 International Fire Code is published by the International Code Council, 4051
West Flossmoor Road, Country Club Hills, Illinois, 60478 -5795. A copy of the 2009
International Fire Code is on file in the office of the Town Clerk and is available for inspection
during regular business hours. (Ord. 04 -14 §5)
15.32.020 Additions or Modifications
The 2009 International Fire Code is amended and changed in Sections 15.32.030 through
15.32.140. (Ord. 04 -14 §5)
15.32.030 Section 104.6 — Official Records
Section 104.6 is amended by the deletion of 104.6.2 — Inspections, 104.6.3 — Fire Records and
104.6.4 — Administrative. (Ord. 04 -14 §5)
15.32.040 Section 104.11— Authority at Fires and Other Emergencies
Section 104.11 is amended by adding the following:
"Fire alarm panel troubles signals, maintenance signals, testing signals or as approved in writing
by the Fire Chief shall not be construed as an emergency fire condition." (Ord. 04 -14 §5)
15.32.050 Section 104.11.3 — Systems and Devices
Section 104.11.3 is amended by adding the following:
•
Ord 10 -02 Adopting 2009 IBC 2 -9 -10
Page 34 of 45
"Fire alarm panel trouble signals, maintenance signals, testing signals or as approved by the Fire •
Chief shall not be construed as an emergency fire condition." (Ord. 04 -14 §5)
15.32.060 Section 105.1.1— Permits Required
Section 105.1.1 is amended to read as follows:
"105.1.1 Permits Required. Permits and inspections required by this code will be administered
by and through the Eagle River Fire Protection District. Permit fees, if any, shall be paid to the
Eagle River Fire Protection District prior to issuance of the permit. Issued permits shall be kept
on the premises designated therein at all times and shall be readily available for inspection by the
fire department or the fire code official. (For permit applications and inspections contact the
Eagle River Fire Protection District at 351 Benchmark Road, Post Office Box 7980, Avon,
Colorado, 81620. Phone: 970 - 748 - 9665)" (Ord. 04 -14 §5)
15.32.070 Section 105.6 — Required Operational Permits
(a) Section 105.6 is amended as follows:
"105.6 Required operational permits. The fire code official or authorized designee is
authorized to issue operational permits or the operations set forth in Sections 105.6.2, 105.6.4,
105.6.9, 105.6.21, 105.6.30, 105.6.31, 105.6.37 and 105.6.44."
(b) Delete all Sections except Sections 105.6.2, 105.6.4, 105.6.9, 105.6.21, 105.6.30,
105.6.31, 105.6.37 and 105.6.44. (Ord. 04 -14 §5) •
15.32.080 Section 105.7 — Required Construction Permits
Section 105.7 is amended as follows: Delete all Sections except Sections 105.7.1, 105.7.3 and
105.7.11. (Ord. 04 -14 §5)
15.32.090 Section 108 — Board of Appeals
Section 108 is amended to read as follows:
"108.1 Board of Appeals Established. In order to hear and decide appeals of orders, decisions
or determinations made by the fire code official or designated representatives, relative to the
application and interpretation of this code, there shall be and is hereby created a board of
appeals. The board of appeals shall consist of the governing board of the Eagle River Fire
Protection District plus a representative from the Town of Avon as appointed by the Avon Town
Council. The fire code official shall be an ex officio member of said board but shall have no
vote on any matter before the board.
"108.2 Procedure for Appeals. An application for appeal shall be filed with the Town Clerk
within twenty days after the date of the decision of the fire code official or designated
representative. An application for appeal shall be based on a claim that the intent of this code or
the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this code
Ord 10 -02 Adopting 2009 IBC 2 -9 -10 •
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Page 35 of 45
• do not fully apply, or an equivalent method of protection or safety is proposed. The application
must state the specific order, decision or determination being appealed and include
documentation to support the appeal. The board shall render a decision within 30 days of receipt
of the appeal. The decision of the board shall be by resolution and copies shall be furnished to
the appellant and to the fire code official. The fire code official shall take immediate action in
accordance with the decision of the board.
"108.3 Limitations on Authority. An application for appeal shall be based on a claim that the
intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the
provisions of this code do not fully apply or an equivalent method of protection or safety is
proposed. The board shall have no authority to waive requirements of this code." (Ord. 04 -14
§5)
15.32.100 Section 202 — General Definitions
(a) False Alarm is amended to read as follows:
"False Alarm The deliberate reporting of an alarm for which no such fire or emergency
actually exists."
(b) Fire Code Official is amended to read as follows:
"Fire Code Official The Town of Avon Building Official or a duly authorized
• representative charged with the administration and enforcement of the code."
(c) Fire Department is added to read as follows:
"Fire Department The Eagle River Fire Protection District is the designated fire depart-
ment in the Town of Avon." (Ord. 04 -14 §5)
15.32.110 Section 308.3.1— Open -Flame Cooking Devices
Section 308.3.1 is amended by the addition of Exception 3:
"3. Propane cooking devices." (Ord. 04 -14 §5)
15.32.120 Section 603.8.2 — Spark Arrestor
Section 603.8.2 is amended by the addition of:
"Chimneys used with fireplaces or heating appliances in which solid fuel is used shall be
maintained with an effective means of arresting spark." (Ord. 04 -14 §5)
15.32.130 Section 905.1— Standpipe Systems, General
Section 905. 1, General, is amended by revising the third sentence to read as follows:
"The outside fire department connections shall be approved by the Fire Chief."
(Ord. 04 -14 §5)
• Ord 10 -02 Adopting 2009 IBC 2 -9 -10
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Page 36 of 45
15.32.140 Section 907 — Fire Alarm and Detection Systems •
Section 907, Fire Alarm and Detection Systems, is amended as follows:
(1) 907.2.1 Group A
— delete the exception.
(2) 907.2.2 Group B —
delete the exception.
(3) 907.2.4 Group F —
delete the exception.
(4) 907.2.7 Group M
— delete the exception.
(Ord. 04 -14 §5)
15.32.300 Violation
The following clause concerning violations is set forth in full and adopted with reference to the
2009 International Fire Code named in the title of this Chapter:
"It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish,
repair, use and occupy any building or structure in the Town, or cause or permit the same to be
done, contrary to or in violation of any of the adopted or modified provisions of any of the codes
or standards named in the title of this Chapter."
15.32.310 Penalty •
Any person violating any of the provisions of this Chapter or of the provisions of the 2009
International Fire Code named in the title of this Chapter, as adopted and modified herein, shall
be deemed to have committed a civil infraction for each and every day or portion thereof during
which any infraction 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 shall be subject to the penalties
contained in Chapter 1.09 of this Code.
15.32.320 Repeal
The repeal or the repeal and reenactment of any provision of the 2009 International Fire Code of
the Town as provided in this Chapter shall not affect 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 reenacted. The repeal of any provision shall not revive any provision of any
ordinance previously repealed or superseded unless expressly stated in this Chapter.
15.32.330 Validity
If any section, subsection, sentence, clause, or phrase of the 2009 International Fire 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 constitutionality of the remaining provisions of this Chapter. The
Town declares that it would have passed the ordinance codified in this Chapter, and each section,
subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections,
Ord 10 -02 Adopting 2009 IBC 2 -9 -10
Page 37 of 45
• subsections, sentences, clauses and phrases be declared unconstitutional.
CHAPTER 15.36
Factory -Built Housing and Manufactured Homes
15.36.010 Adoption
The Town adopts the 2009 International Building Code and all appendix chapters thereto. The
2009 International Building Code was published by the International Code Council, 500 New
Jersey Avenue, N.W., Sixth Floor, Washington, D.C. 20001. A copy of the 2009 International
Plumbing Code are on file in the Town Clerk's office, and are available for inspection during
regular office hours.
15.36.020 Additions or Modifications
The 2009 International Building Code is amended and changed in Sections 15.20.030 through
15.20.100 of this Chapter.
15.36.030 Definitions
For the purposes of this Chapter, the following definitions shall have the meanings indicated:
Factory -built housing means any structure, or component thereof, designed primarily for
permanent residential occupancy, including a mobile home which is wholly or in substantial part
• made, fabricated, formed or assembled in manufacturing facilities for installation, or assembly
and installation, on the building site.
Manufactured housing unit means a pre- constructed complete building unit or combination of
pre- constructed complete building units without motor power designed and commonly used for
single - family, single -unit residential occupancy by persons in either temporary or permanent
locations, which unit or units are manufactured in a factory or at a location other than the
residential site of the completed home and which unit or units are not licensed as a recreational
vehicle.
Mobile home means a structure, transportable in one (1) or more sections, which is eight (8) body
feet or more in width and is thirty -two (32) body feet or more in length and which is built on a
permanent chassis and designed to be used as a dwelling without permanent foundation when
connected to required utilities and includes the plumbing, heating, air - conditioning and electrical
systems contained therein.
Nonresidential factory -built housing means any structure, or component thereof, designed
primarily for permanent nonresidential occupancy, including a manufactured unit which is
wholly or in substantial part made, fabricated, formed or assembled in manufacturing facilities
for installation, or assembly and installation on the building site.
15.36.040 Park Site and General Requirements
•
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(a) Provisions of this Chapter shall not apply to a manufactured home located within the Town •
on the effective date of the ordinance codified herein.
(b) Each new park or addition to an existing park shall conform to all provisions of this Chapter.
(c) Manufactured home space. Each space shall contain at least three thousand (3,000) square
feet of area for a single -wide unit, and four thousand two hundred (4,200) square feet for a
doublewide unit. The minimum space between any appurtenance or deck thereto shall be a
minimum of twelve (12) feet. The minimum space between any two (2) manufactured homes or
habitable appurtenance thereto shall be a minimum of twenty (20) feet. Each space shall provide
paved parking spaces for at least two (2) automobiles, either on the space adjacent to it or within
the park, or by any combination of these locations.
(d) Driveways and walkways. All mobile home spaces shall abut upon a driveway graded for
drainage and maintained in a rut and dust -free condition and which provides unobstructed access
to a public street or highway. The minimum unobstructed width of such driveways shall be
sixteen (16) feet. An additional eight (8) feet of width shall be constructed for each parallel
parking space adjacent thereto, or twenty -eight (28) feet for double- loaded perpendicular parking
spaces. All driveways and walkways within the park shall be illuminated to ensure safety for
park residents.
(e) Paving of parking and driving areas. All manufactured home parks shall have paving in the
parking and driving areas thereof.
(f) Maintenance of lots. All lots and stands shall be maintained in a clean and sanitary condition,
free from hazardous or noxious materials, weeds, refuse and motor vehicles having no current
license plates.
15.36.050 General Requirements — Manufactured Housing •
(a) No person, firm or corporation shall place a manufactured home within the Town without
first obtaining a permit therefore from the State Division of Housing and approval for the
installation by the State Division of Housing.
(b) No person, firm or corporation shall make any alteration or addition to a manufactured home
thereto without first obtaining a permit therefore from the Building Official.
(c) All manufactured homes, including mobile homes, shall comply with the installation
requirements set forth in the Part 31, Manufactured Home Installation, Section 24 -32 -3101 et
seq., C.R.S., and any other rules and regulations adopted by the Colorado Division of Housing
governing manufactured housing.
(d) All manufactured homes must comply with Section 24 -32 -701, C.R.S., governing labeling
and construction compliance with state and federal standards or bear the red HUD label.
(e) All manufactured homes shall be designed with the snow load requirements as set forth in
Section 15.08.120 of this Code unless it complies with one (1) of the following:
(1) An approved snow removal maintenance program;
(2) A protective shelter built over the home, not connected to the home; or
(3) A shelter designed by a professional engineer or architect.
15.36.060 General Requirements — Factory -Built Units
(a) No person, firm or corporation shall place a factory -built unit within the Town without first
obtaining a permit therefore from the Building Official.
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is
• (b) No permit for a factory -built home or any alteration or addition thereto shall be issued unless
the same complies with all requirements of the building code, including electrical, plumbing and
mechanical in effect in the Town at the time.
CHAPTER 15.40
Solid -Fuel- Burning Devices
15.40.010 Adoption
The Town adopts the 2009 International Plumbing Code and all appendix chapters thereto. The
2009 International Plumbing Code was published by the International Code Council, 500 New
Jersey Avenue, N.W., Sixth Floor, Washington, D.C. 20001. A copy of the 2009 International
Plumbing Code are on file in the Town Clerk's office, and are available for inspection during
regular office hours.
15.40.020 Additions or Modifications
The 2009 International Plumbing Code is amended and changed in Sections 15.20.030 through
15.20. 100 of this Chapter.
15.40.030 Purpose and Applicability
These regulations are enacted for the purpose of promoting the health, safety and general welfare
of the residents of and visitors to the Town. These regulations are intended to protect air quality.
• 15.40.040 Definitions
For the purposes of this Chapter, the following definitions shall have the meanings indicated:
New Technology Device means a solid -fuel- burning device which is certified by the EPA and listed in the
Colorado Department of Health's web page under Air pollution control division, residential burning
information.
A new technology device is; one which has EPA certification as an EPA Certified wood stove."
EPA Certified wood stove means a heating appliance that has been independently tested by an accredited
laboratory to meet a particulate emissions limit of 7.5 grams per hour for non - catalytic wood stoves and
4.1 grams per hour for catalytic wood stoves. A list of certified wood stoves is available on the EPA's
web site.
Only New technology devices may be used as "Solid fuel burning devices" in the Town of Avon."
Gas appliance means a fully self - contained U.L. and A.G.A. listed fireplace unit which des not require
venting through a masonry chimney, which has no damper and which does not permit the use of solid
fuel.
•
Ord 10 -02 Adopting 2009 IBC 2 -9 -10
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Solid fuel burning devices means any fireplace, firebox or device intended and /or used for the purpose of •
burning wood, pulp, paper or other non - liquid or nongaseous fuel. This definition specifically excludes
noncommercial barbecue devices used to cook food outdoors.
Gas fireplace means a fire place either manufactured as a finished unit or a true masonry fire place fitted
with an A.G.A and /or U.L. listed gas log kit, has not damper and vents through an approved vent.
"Exception The Building Official may approve a gas fireplace equipped with interlocked damper and gas
valve."
15.40.050 Amendment
Section 902 is amended by adding the following sub - section:
"902.4 Regulations below the elevation of Seven Thousand Eight Hundred Twenty Feet. Below the
elevation of seven thousand eight hundred twenty feet, no new wood burning or solid -fuel burning
fireplaces or other such devices shall be permitted to be constructed or installed after the ordinance
codified in this chapter becomes effective.
No mobile or modular home shall be moved in place in the Town and connected to utility service that has
installed with such mobile or modular home a solid -fuel burning device.
Below such elevation, new technology devices, gas appliances and gas fireplaces shall be permitted.
Below such elevation there shall also be permitted one EPA approved wood burning fireplace in the lobby
of any hotel or lodge, provided a fee in the amount of three thousand dollars ($3,000.00) is paid at the •
time of application for a building permit."
15.40.060 Gas Appliances
All gas -log fireplaces shall be constructed in such a manner that access to the firebox is
prohibited except for the purposes of repair and maintenance.
15.40.070 Coal Usage Prohibited
The burning of coal within the Town is prohibited.
Chapter 15.44
2009 International Property Maintenance Code
15.44.010 Adoption
The Town adopts the 2009 International Property Maintenance Code and all appendix chapters.
The 2009 International Property Maintenance Code is published by the International Code
Council ( ICC) 4051 West Flossmoor Road, Country Club Hills, IL 60478. Copies of the 2009
International Property Maintenance Code are on file in the office of Community Development,
and are available for inspection during regular business hours.
15.44.020 Additions or Modifications
Ord 10 -02 Adopting 2009 IBC 2 -9 -10
Page 41 of 45
• The 2009 International Property Maintenance Code is amended and changed in Sections 15.44.030 and
15.44.040 of this Chapter. (Ord. 99 -14 (part))
15.44.030 Section 205 — Board of Appeal
Section 111 is amended to provide as follows:
15.44.300 Violation
The following clause concerning violations is set forth in full and adopted with reference to the 2009
International Property Maintenance code named in the title of this Chapter:
"It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use
and occupy any building or structure in the Town or cause or permit the same to be done, contrary to or in
violation of any of the provisions of the code or standards named in the title of this chapter."
15.44.310 Penalty
Any person violating any of the provisions of this Chapter or of the provisions of the 2009 International
Property Maintenance Code named in the title of this Chapter, as adopted and modified herein, shall be
deemed to have committed a civil infraction for each and every day or portion thereof during which any
infraction 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 shall be subject to the penalties contained in Chapter 1.09 of this
Code.
• 15.44.320 Repeal
The repeal or the repeal and reenactment of any provision of the 2009 International Property
Maintenance Code as provided in this Chapter shall not affect 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
reenacted. The repeal of any provision shall not revive any provision or any ordinance previously
repealed or superseded unless expressly stated in this Chapter.
15.44.330 Validity
If any section, subsection, sentence, clause or phrase of the 2009 International Property
Maintenance 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 constitutionality of the remaining
provisions of this Chapter. The Town declares that it would have passed the ordinance codified
in this Chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that
any one (1) or more sections, subsections, sentences, clauses and phrases be declared invalid.
Chapter 15.48
International Energy Conservation Code
15.40.010 Adoption
The Town adopts the 2009 International Energy Conservation Code and all appendix chapters
•
Ord 10 -02 Adopting 2009 IBC 2 -9 -10
Page 42 of 45
thereto. The 2009 International Energy Conservation Code was published by the International •
Code Council, 500 New Jersey Avenue, N.W., Sixth Floor, Washington, D.C. 20001. A copy of
the 2009 International Plumbing Code are on file in the Town Clerk's office, and are available
for inspection during regular office hours.
15.40.020 Additions or Modifications
The 2009 International Energy Conservation Code is amended and changed in Sections
15.20.030 through 15.20. 100 of this Chapter.
15.48.030 Section 101.3 — Intent
This section is hereby amended with the addition of the following language:
"The latest editions of Rescheck and Comcheck Software, as developed by the United States
Department of Energy, may be used to demonstrate compliance with the 2009 International
Energy Conservation Code."
15.48.040 Section 503.2.2.1— Snowmelt Boilers
This section is hereby added as follows:
"All gas fired boilers, used for snow melt shall have a minimum efficiency of ninety -two percent
(92 %) AFUE."
Section 4. Codification Amendments. The codifier of the Town's Municipal Code, Colorado •
Code Publishing, is hereby authorized to make such numerical and formatting changes as may be
necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The
Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 5. Severability. If any provision of this Ordinance, or the application of such provision
to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect
other provisions or applications of this Ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this Ordinance are declared to be
severable. The Town Council hereby declares that it would have passed this Ordinance and each
provision thereof, even though any one of the provisions might be declared unconstitutional or
invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 6. Effective Date. This Ordinance shall take effect seven days after public notice
following final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Ord 10 -02 Adopting 2009 IBC 2 -9 -10
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•
• Section 7. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 8. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 9. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by
• posting notice of adoption of this Ordinance on final reading by title in at least three public
places within the Town and posting at the office of the Town Clerk, which notice shall contain a
statement that a copy of the ordinance in full and a statement that a complete copies of the
International Building Codes adopted by reference are available for inspection for public
inspection in the office of the Town Clerk during normal business hours and which notice shall
contain .
INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED
AND REFERRED TO PUBLIC HEARING and setting such public hearing for February 23,
2010 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon,
Colorado, on February 9, 2010.
Ronald C. Wolfe, Mayor
Published by posting in at least three public places in Town and posting at the office of the Town
Clerk at least seven days prior to final action by the Town Council.
ATTEST:
• Ord 10 -02 Adoptin g 2009 IBC 2 -9 -10
Page 44 of 45
APPROVED AS TO FORM:
Patty McKenny, Town Clerk Eric Heil, Town Attorney •
INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on February 23, 2010.
Ronald C. Wolfe, Mayor
Published by posting by title in at least three public places in Town and posting by title at the
office of the Town Clerk.
ATTEST:
Patty McKenny, Town Clerk
Ord 10 -02 Adopting 2009 IBC 2 -9 -10
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•
•
• Memo
To Honorable Mayor and Town Council Initials
Thru: Sally Vecchio, Asst Town Manager/ Comm Deve
From: William Grey, Building Official
Date: January 21, 2010
Re: Adoption of the 2009 International Building Codes
Summary
This is the Council's first reading of Ordinance No 10 -02 Adopting the 2009 International Building
Code by Reference and Repealing and Reenacting Title 15 of the Avon Municipal Code in its
Entirety (Exhibit A).
Background
The Town currently administers the 2003 International Building Code (IBC), with certain
exclusions. The 2009 revisions to the IBC were published last year and staff is recommending
adoption of the new regulations as written with the exception that the requirement to install
automatic sprinkler systems in single family and duplex homes be put off until January 1, 2012.
Below is a summary of the significant revisions in the 2009 IBC.
• The 2009 International Building Code; covering all structures with the exception of; the
One -and Two - Family dwellings and townhouses not more than three stories above grade
• and their accessory structures.
1. 410 total changes, 279 are house keeping and clarifications and various
structural changes. 131 new additions to the code,
2. Additions to high rise buildings for elevators ingress, egress, fire proofing, fire
ratings etc.
3. Live /work units, maximum of 3,000 square feet. Non residential area is permitted
to be a maximum 50 %of the area of each live /work unit. The nonresidential area
function shall be limited to the first or main floor only of the live /work unit. A
maximum of five nonresidential workers or employees are allowed to occupy the
nonresidential area at any one time. May be built as an R3 occupancy.
• The 2009 International Residential Code; covering One- and Two — Family dwellings
and townhouses not more than three stories above grade and their accessory structures.
1. R302.3 Two - family dwellings ( duplex) reduction in the rating of the "party wall
from 1 hr to % hr when automatic sprinkler system is installed.
2. R313 Automatic Fire Sprinkler Systems. 313.1 An automatic fire sprinkler system
shall be installed in Townhouses. Defined as: " A single family dwelling unit
constructed in a group of three or more attached units in which each unit
extends from foundation to roof and with a yard or public way on at least
two sides"
3. Exception to 313. 1, not required when additions or alterations are made to
existing townhouses that do not have a automatic residential fire sprinkler
system.
4. R313.2 One -and two family dwellings automatic fire system. Effective January 1,
2011, an automatic residential fire sprinkler system shall be installed in one -and
tow family dwellings. Avon (like Eagle County) will push the effective date off to
is January 1,2012.
5. Exception to 313.2 not required for additions or alterations to existing buildings
that are not already provided with an automatic residential sprinkler system.
6. Systems shall be designed in accordance with new section in the residential •
code, P2904 or NFPA (National Fire Protection Association) 13 D.
7. Seismic design category is now 17 8 a change from category C. New tables with
in the code.
8. Annual mean temp is now 40 degrees F.
• The 2009 International Energy Conservation Code; emphasizing both prescriptive and
performance - related provisions for both commercial and residential buildings.
1. Change in Climate Zone from 15 to 6 8 for Eagle County
2. New Table 402.1.1 Insulation and fenestration requirements by components.
• The 2009 International Plumbing Code; covers the initial design of the plumbing
system, the installation and construction of plumbing systems and the maintenance of
operating systems.
1. Nothing major, house keeping and clarifications.
The 2009 International Mechanical Code; covers the initial design of mechanical
systems through the installation and construction phases and into the maintenance of
operation systems.
1. Reduction to ventilation rates in enclosed parking garages.
2. Major change to 403.3 Table for ventilation rates. New default occupant density
per 1,000 sq ft and new exhaust airflow rate now in table. Ventilation rates haven
revised and new variables for use in the equations to determine the minimum
outdoor air intake flow rate have been added.
The 2009 International Fuel Gas Code; contains all code coverage for fuel -gas related
installations coordinates with the full family of the International Codes.
1. House keeping changes to definitions for Gas utilization Equipment deleted. •
2. Grounding requirements for CSST pipe.( corrugated stainless steel tubing)
3. Appliances in attics must provide access large enough to allow the removal of
the appliance as supposed to the largest appliance component.
4. 411.1.3.1 allows for connector to pass through floors and walls but will need a
shut of upstream of the connector.
The 2009 International Fire Code: addresses conditions hazardous to life and property
arising from fire, explosion, hazardous materials storage, handling or use and the use
and occupancy of buildings and premises. Both improved prescriptive and performance -
based code regulations for the safeguard of public health and safety. Compatible with the
family of the International Codes.
1. 87 changes, 37 new additions to the code, 50 clarifications and house keeping
along with new definitions.
2. Section 102.5 clarifies issues between the IFC and the IRC.
3. Section 105.4.1 allows for phased approval and permits construction to proceed
while the design is still being done.
4. Section 307.4.3 allows for the use of "portable outdoor fireplaces because of the
wide spread availability.
5. Section 403.3 Crowd manager, create the need for crowd managers when indoor
or outdoor events with attendees greater than 1,000. Requires crowd managers
to be trained employees with responsibilities to control and direct the occupants
in a safe manner during emergencies.
6. Section 044 .3.3 - -- .3.31 - - -- .3.3.2 - -- .3.3.3 and 406.3.3 Establish requirements for
the development and implementation of lockdown plans. Controls and confirms
that the level of life safety inside of the building is not reduced or compromised
and that the event is done in accordance with an approved plan. Provides for •
how the incident will be recalled so conditions can be returned to normal
activities. More....
2
• 7. Section 510 apx. J Emergency responder radio coverage. New provisions that
address requirements for in- building coverage of emergency responder radios.
Mostly for large area buildings and high rise buildings.
8. Section 603.4.2 through 603.4.2.3 Portable gas fired outdoor heating appliances,
`patio heaters" stipulates permissible and prohibited locations, listings and
maintenance of these appliances.
9. Section 805.4 through 805.4.2.3 Group R2 college and university dormitories.
Regulates upholstered furniture and mattresses in college dorms.
10. Others.
• The 2009 International Existing Building Code; applies to repair, alteration change of
occupancy addition and relocation of existing buildings. The necessity of upgrades and
improvements is determined by the type and extent of the work, not the expense.
1. Nothing major.
• 2009 International Property Maintenance Code; Key components of this code provides
a safe means of egress, prevents hazardous structural conditions and reduces health
hazards by providing a clean and sanitary environment. Works with others in the family of
International Codes particularly the 2009 International Fire Code.
1. Section 108.1.5 Dangerous structure or premises. New section providing a list of
conditions that establish an important baseline to utilize when evaluating a
structure. This will help the jurisdiction more clearly define a dangerous structure
or building but is in no way the only way to determine such issues.
2. Section 108.2.1 Authority to disconnect services utilities. Used as a means to
regulate unsafe structures. Was always in the Building code but is now part of
this code.
3. Section 108.6 Abatement methods. Makes it clear that the owner, operator or
• occupant is the party responsible to take action to abate hazardous systems or
conditions. Now includes the operator and occupant as responsible.
4. Section 108.7 Record. Requires a report to be filed on each investigation of
unsafe conditions, stating the occupancy and the nature of the unsafe condition.
This report provides a basis for the written notice of violation. We have always
done this.
5. Other sections that are new cover public toilets, grease interceptors and the
continued maintenance. How to board up a structure, etc.
• 2008 National Electrical Code.
This code changes on a different time line from the International codes and the new edition
will need to be adopted when it comes out usually adopted by the State on July 1. then we
follow asap.
Recommendation:
Staff recommends Council acceptance of the first reading of Ordinance No 10 -20 Adopting the
2009 International Building Code by Reference and Repealing and Reenacting Title 15 of the
Avon Municipal Code in its Entirety
Town Manager Comments:
Exhibits
A. Ordinance No 10 -20 Adopting the 2009 International Building Code by Reference and
Repealing and Reenacting Title 15 of the Avon Municipal Code in its Entirety
•
3
TOWN OF AVON, COLORADO
ORDINANCE NO. 10 -02
SERIES OF 2010
AN ORDINANCE ADOPTING THE 2009 INTERNATIONAL BUILDING
CODE BY REFERENCE AND REPEALING AND REENACTING TITLE
15 OF THE AVON MUNICIPAL CODE IN ITS ENTIRETY
WHEREAS, pursuant to C.R.S. §31 -15 -103, §31 -15 -104, and §31 -20 -105 and pursuant to the
home rule powers of the Town of Avon ( "Town "), the Town Council has the power to adopt
building code regulations, to provide penalties for violations of adopted building codes, to elect
to collect delinquent charges and assessments by certifying such amounts to the Eagle County
treasurer, and make and publish ordinances necessary and proper to provide for the safety,
preserve the health, promote the prosperity, and improve the morals, order, comfort, and
convenience of its inhabitants; and
WHEREAS, the Town Council finds that the adoption of the 2009 International Building Codes
will improve the standards for construction and maintenance of buildings and will thereby
promote the health, safety and general welfare of the Avon community; and
WHEREAS, the Town Council desires to adopt the 2009 International Building Codes by
reference with certain amendments as described in this ordinance; and
•
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the •
Town Council desires to comply the requirements of the Avon Home Rule Charter by setting a
public hearing in order to provide the public an opportunity to present testimony and evidence
regarding the application and that approval of this Ordinance on first reading does not constitute
a representation that the Town Council, or any member of the Town Council, supports, approves,
rejects, or denies this ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by
reference and adopted as findings and determinations of the Town Council.
Section 2. Repealed. Avon Municipal Code Chapters 15.08, 15.09, 15.12, 15.20, 15.24, 15.32,
15.36, 15.40, 15.44, and 15.50 are hereby repealed in their entirety.
Section 3. New Code Sections Enacted. Avon Municipal Code Chapters 15.02, 15.04, 15.06,
15.08, 15.10, 15.12, 15.14, 15.16, 15.18 are hereby enacted to read as follows:
Chapter 15.02 Definitions
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•
• Chapter 15.04 Violations, Penalties, Stop Work Orders, Abatement
15.04.010 Violations
15.04.020 Penalties
15.04.030 Stop Work Orders
15.04.040 Abatement of Unsafe Conditions, Declaration of Nuisance
Chapter 15.06 Board of Appeals
15.06.010 Appeals to Town Council
15.06.020 Limitations on Authority
Chapter 15.08 International Building Code
15.08.010 Adoption
15.08.020 Additions or Modifications
15.08.030 Section 104 — Duties and Powers of the Building Official
15.08.035 Section 105 — Permits
15.08.036 Section 106 — Floor and Roof Design Loads
15.08.040 Section 107.2.5 — Site Plan
15.08.050 Section 109 — Fees
15.08.060 Section 110 — Inspections
15.08.070 Section 111 — Certificate of Occupancy
15.08.080 Section 113 — Board of Appeals
15.08.090 Section 115 — Stop Work Order
15.08. 100 Section 501.2 — Premises Identification
15.08.110 Section 1204 — Temperature Control
15.08.120 Section 1603.2 — Ground Snow Loads Boulder Walls
15.08.125 Section 1608.2 — Boulder Walls
• 15.08.130 Section 1704 — Special Inspections
15.08.140 Section 1809.5 — Frost Protection
15.08.150 Chapter 30 — Elevators and Conveying Systems
15.08.160 Appendix J — Grading
15.08.300 Violation
15.08.3 10 Penalty
15.08.320 Repeal
15.08.330 Validity
Chapter 15.09 International Residential Code
15.09.010 Adoption
15.09.020 Additions or Modifications
15.09.030 Section R104 — Duties and Powers of the Building Official
15.09.040 Section R105 — Permits
15.09.050 Section R106.2 — Site Plan
15.09.060 Section R108 — Fees
15.09.070 Section R109 — Inspections
15.09.080 Section R110 — Certificate of Occupancy
15.09.090 Section R112 — Board of Appeals
15.09. 100 Section R114.1 — Stop Work Order
15.09.110 Table R301.2(1) — Climatic and Geographic Design Criteria
15.09.115 Section R313 — Automatic Fire - Sprinkler Systems
15.09.120 Section R319 — Premises Identification
15.09.140 Section R403.1.4 — Minimum Depth
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15.09.300 Violation
15.09.310 Penalty •
15.09.320 Repeal
15.09.330 Validity
Chapter 15.12 National Electrical Code
15.12.010 Adoption
15.12.020 Administration — Fees
15.12.060 Violation
15.12.070 Penalty
15.12.080 Validity
15.12.090 Repeal
Chapter 15.20 International Plumbing Code
15.20.010 Adoption
15.20.020 Additions or Modifications
15.20.030 Organization and Enforcement
15.20.040 Section 103.1.3 — Department of Plumbing Inspection
15.20.050 Section 106 — Fee Schedule
15.20.060 Section 306 — Trenching, Excavation and Backfill
15.20.065 Section 412.5 — Mechanical Rooms
15.20.070 Section 606.2 — Location of Shutoff Valves
15.20.080 Section 906 — Vent Termination
15.20. 110 Violation
15.20.120 Penalty
15.20.130 Repeal
15.20.140 Validity •
Chapter 15.24 International Mechanical Code
15.24.010 Adoption
15.24.020 Additions or Modifications
15.24.030 Section 106.5.2 — Fee Schedule
15.24.040 Section 109 — Means of Appeal
15.24.043 Table 403.3 Minimum Ventilation Rates
15.24.046 Section 903.3 — Unvented Gas Log Heaters
15.24.050 Section 701 — Combustion Air, General
15.24.060 Section 902 — Masonry Fireplaces
15.24.110 Violation
15.24.120 Penalty
15.24.130 Repeal
15.24.140 Validity
Chapter 15.28 International Fuel Gas Code
15.28.010 Adoption
15.28.020 Additions or Modifications
15.28.030 Organization and Enforcement
15.28.040 Section 103.1— Department of Inspection
15.28.050 Permits
15.28.060 Section 304.1— General
15.28.070 Section 404.5 — Protection Against Physical Damage
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• Chapter 15.32 Fire Code
15.32.010 Adoption
15.32.020 Additions or Modifications
15.32.030 Section 104.6 — Official Records
15.32.040 Section 104.11 — Authority at Fires and Other Emergencies
15.32.050 Section 104.11.3 — Systems and Devices
15.32.060 Section 105. 1.1 — Permits Required
15.32.070 Section 105.6 — Required Operational Permits
15.32.080 Section 105.7 — Required Construction Permits
15.32.090 Section 108 — Board of Appeals
15.32.100 Section 202 — General Definitions
15.32. 110 Section 308.3.1 — Open -Flame Cooking Devices
15.32.120 Section 603.8.2 — Spark Arrestor
15.32.130 Section 905.1 — Standpipe Systems, General
15.32.140 Section 907 — Fire Alarm and Detection Systems
15.32.250 Violation
15.32.260 Penalty
15.32.270 Validity
Chapter 15.36 Factory -Built Housing and Manufactured Homes
15.44.010 Adoption
15.44.020 Additions or Modifications
15.36.030 Definitions
15.36.040 Park Site and General Requirements
15.36.050 General Requirements, Manufactured Housing
• 15.36.060 General Requirements, Factory -Built Units
Chapter 15.40 Solid -Fuel- Burning Devices
15.40.010 Adoption
15.40.020 Additions or Modifications
15.40.030 Purpose and Applicability
15.40.040 Definitions
15.40.050 Regulations Below Elevation of Seven Thousand Eight Hundred Twenty Feet
15.40.060 Gas Appliances
15.40.070 Coal Usage Prohibited
Chapter 15.44 2009 International Property Maintenance Code
15.44.010 Adoption
15.44.020 Additions or Modifications
15.44.030 Section 205, Board of Appeal
15.44.040 Violation
15.44.050 Penalty
15.44.060 Repeal
15.44.070 Validity
Chapter 15.48 2009 International Energy Conservation Code
15.48.010 Adoption
15.48.020 Additions or Modifications
15.48.030 Section 101.3 — Intent
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15.48.040 Section 503.2.2.1 — Snowmelt Boilers
•
Chapter 15.02
Definitions
The definitions set forth in this Chapter 15.02 shall to all the Chapters in this Title 15 and shall
apply to all codes adopted in this Title 15. In the event of any conflict, the definitions in this
Chapter 15.02 shall apply first and take precedence, the definitions in the codes adopted by this
Title 15 shall apply next, and the definition of any word, term or phrase set forth elsewhere in the
Avon Municipal Code shall apply after the definition of codes adopted by this Title 15.
Building Official shall mean the person designated as the Building Official by the Town
Manager.
Person shall mean any natural person, corporation, organization, association or association of
any of the foregoing.
Town Attorney shall mean the attorney appointed by the Town Council as the Town Attorney,
the Town Attorney's designee, another attorney appointed by the Town Council for the purpose
of enforcing this Title 15, or the Town Prosecutor.
Chapter 15.04 •
Violations, Penalties, Stop Work Orders, Abatement
15.04.010 Violations
(a) Unlawful Acts. It is unlawful for any person to erect, construct, alter, move, demolish,
repair, use or occupy any building or structure in the Town, or cause or permit the same to be
done, or fail to comply with any lawful order or directive, which act is contrary to or in violation
of any provision of any code, standard, or regulation adopted by this Title 15, and any such
unlawful act shall be deemed to be a violation of this Title 15.
(b) Notice of Violation. The Building Official shall serve a Notice of Violation or order for the
erection, installation, alteration, extension, repair, removal or demolition of any work which
violates any code adopted in this Title 15, or any change in occupancy of any building or
equipment regulated by any coded adopted in this Title 15, or any violation of any permit,
certificate or condition of any permit or certificate issued under the provisions of any code
adopted by this Title 15. The Notice of Violation shall be served upon the contact person
designated in any active permit issued by the Town or the property owner of record according to
the records of the Eagle County Assessor's Office or by posting the Notice of Violation in a
Ord 10 -02 Adopting 2009 IBC 2 -9 -10 •
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• conspicuous place on the property. The Notice of Violation shall cite the specific section or
sections of the code or codes which are violated and shall direct the discontinuance of the illegal
action or condition and the abatement of the violation.
(c) Prosecution of Violation. If compliance with the Notice of Violation is not accomplished
promptly, the Building Official shall request the Town Attorney to institute appropriate
proceedings in law or equity to restrain, correct or abate the violation, to require the removal or
termination of the unlawful structure, equipment or occupancy, and to seek such fines, penalties,
fees and restitution as may be appropriate.
15.04.020 Penalties
Any person who violates any provision of this code or any code adopted in this Title 15 shall be
guilty of a misdemeanor offense and shall be punishable as set forth in Chapter 1.09 Civil
Offense. In addition to other means provide by law, the Town may recover all costs and
penalties imposed by certifying such amounts to the treasurer of Eagle County and such amounts
shall be collected and paid over by treasurer of Eagle County in the same manner as taxes area
authorized in accordance with Colorado Revised Statute section 31 -20 -105.
15.04.030 Stop Work Orders
(a) Authority. The Building Official is authorized to issue a stop work order when the
Building Official finds any worked regulated by this Title 15, or any code adopted by this Title
•
15, being performed in a manner either contrary to the provisions of any code adopted herein or
being performed in a dangerous or unsafe manner.
(b) Issuance. The stop work order shall be in writing and shall be given to the owner of the
property upon which the violation has occurred or is occurring, or to the owner's agent, or to the
person doing the work, or may be posted in a conspicuous manner on the property. Upon
issuance of a stop work order, the cited work shall immediately cease. The stop work order shall
state the reason for the order, and the conditions under which the cited work will be permitted to
resume. The Building Official may also include conditions or directives in the Stop Work Order
to secure the property where appropriate due to unsafe conditions, soil erosion control, water
quality degradation, or other matters in which conditions on the property threaten the health,
safety or general welfare of the public or threaten to negatively impact or damage other property.
(c) Unlawful Continuance. Any person who shall continue any work after a stop work order
has been issued, except such work as may be directed to remove a violation, address an unsafe
condition, or secure the property, shall be deemed to be a violation of this Title 15 and shall be
subject to penalties as set forth in this Title 15.
15.04.040 Abatement of Unsafe Conditions, Declaration of Nuisance
(a) Declaration of Public Nuisance. Any use or condition of a property, structure or equipment
• Ord 10 -02 Adopting 2009 IBC 2-9 -10
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regulated by this Title 15 which constitutes an unsafe condition, unsanitary condition, or •
hazardous threat to life, safety, health, public welfare or property by reason of inadequate
maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is hereby
declared to be an unsafe condition. An unsafe condition is hereby declared to be a public
nuisance.
(b) Order of Abatement. The Building Official or Town Attorney may take action to order the
abatement of any unsafe condition. Unsafe conditions shall be abated by repair, rehabilitation,
demolition, or removal of the equipment or structure which poses unsafe conditions, or by
securing such property, structure or equipment to restrict the use, accessibility or risk posed by
the unsafe condition. The Building Official or Town Attorney shall issue an order of abatement
in writing to the property owner which shall describe the action required to abate the unsafe
condition and shall provide a timeframe for compliance. No person shall use the structure or
equipment constituting an unsafe condition after receiving such notice.
(c) Failure to Comply, Abatement by Town. In the event the property owner fails to comply
with an order of abatement within the timeframe for compliance stated in such order, the Town
may proceed to enter the property, abate the unsafe condition and correct the public nuisance.
Town shall post notice of Town's intention to enter the property and abatement the unsafe
condition and public nuisance at least twenty four (24) hours in advance by posting written
notice in a conspicuous place on the property, except where unsafe conditions warrant immediate
abatement, in which case the Town shall not be required to post written notice in advance of
entering the property.
d Disconnection of Service Utilities. The Building Official shall have the authority to •
() g Y
authorize disconnection of utility services to the building, structure or system regulated by the
technical codes in case of emergency, where necessary, to eliminate an immediate danger to life
or property. Where possible, the owner or occupant of the building, structure or service system
shall be notified of the decision to disconnect utility service prior to taking such action. If not
notified prior to disconnecting the utility service, the owner or occupant of the building, structure
or service systems shall be notified in writing, as soon as practical thereafter.
(e) Connection After Order to Disconnect. No person shall make connections from any
energy, fuel, power supply, water distribution, or other utility service, or supply energy, fuel or
water to any equipment regulated by this Title 15 that has been disconnected or ordered to be
disconnect by the Building Official or the use of which has been ordered to be disconnected by
the Building Official until the building Official authorizes the reconnection and use of such
equipment.
(f) Recovery of Costs, Lien. The Town may recover the direct costs incurred for abatement of
unsafe conditions together with a fifteen percent (15 %) surcharge for administrative expense and
eighteen percent (18 %) interest per year on the total outstanding amount due to the Town. All
costs, surcharges and interest shall be recoverable against the property owner. In addition to
other means provide by law, the Town may recover all costs, surcharges and interest imposed by
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•
• certifying such amounts to the treasurer of Eagle County and such amounts shall be collected and
paid over by treasurer of Eagle County in the same manner as taxes area authorized in
accordance with Colorado Revised Statute section 31 -20 -105.
Chapter 15.06
Board of Appeals
15.06.010 Appeals to Town Council. A person shall have a right to appeal a decision of the
Building Official to the Town Council acting in the capacity of the Board of Appeals. An
application for appeal shall be filed with the Town Clerk within twenty days after the date of the
decision of the Building Official. An application for appeal shall be based on a claim that the
true intent of this code or the rules legally adopted hereunder have been incorrectly interpreted.
The application must state the specific order, decision or determination being appealed and
include documentation to support the appeal. The board shall render a decision within 30 days of
receipt of the appeal. The decision of the board shall be by resolution and copies shall be
furnished to the appellant and to the Building Official. The Building Official shall take
immediate action in accordance with the decision of the board.
15.06.020 Limitations on Authority. An application for appeal shall be based on a claim that the
true intent of this code or the rules legally adopted there under have been incorrectly interpreted,
the provisions of this code do not fully apply or an equally good or better form of construction is
proposed. The Town Council acting in the capacity of the Board of Appeals shall have no
authority to waive requirements of this code.
• 15.06.030 Limitation of Liability. Any member of the Town Council, 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 their duties. Any suit brought
against a member or members of the Town Council because of any 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."
CHAPTER 15.08
Building Code
15.08.010 Adoption
(a) The Charter of the Town of Avon, Section 6.9, provides that standards codes may be adopted
by reference with amendments. The Town adopts the 2009 International Building Code,
excluding Chapter 27 Electrical and including Appendix C Group U — Agricultural Buildings,
Appendix E Supplementary Accessibility Requirements, Appendix J Grading and the generic
fire - resistive assemblies listed in the Fire Resistance Design Manual, published by the Gypsum
Association, most current addition, as referenced in the specified International Building Code.
(b) The International Building Code is published by the International Code Council, 4051 West
Flossmoor Road, Country Club Hills, Illinois, 60478 -5795. Copies of the 2003 International
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Building Code are on file in the office of the Town Clerk and are available for inspection during
regular business hours. •
15.08.020 Additions or Modifications
The International Building Code is amended and changed as described in Sections 15.08.030
through 15.08.160.
15.08.030 Section 104 — Duties and Powers of the Building Official
(a) Section 104. 1, General, is amended to read as follows:
"104.1 General. The Building Official is hereby authorized and directed to enforce the
provisions of this code and other provisions of the Avon Municipal Code. For such purposes, the
Building Official shall have the powers of a law enforcement officer. The Building Official shall
have the authority to render interpretations of this code and to adopt policies and procedures in
order to clarify the application of its provisions. Such interpretations, policies and procedures
shall be in compliance with the intent and purpose of this code. Such policies and procedures
shall not have the effect of waiving the requirements specifically provided for in this code."
(b) Section 104.6, Right of Entry, is amended to read as follows:
"104.6 Right of Entry. Where it is necessary to make an inspection to enforce the provisions of
this code, and of other provisions of the Avon Municipal Code, or where the Building Official
has reasonable cause to believe that there exists in a structure or upon a premises a condition that
is contrary to or in violation of this code, and of other provisions of the Avon Municipal Code,
which makes the structure or premises unsafe, dangerous or hazardous, the Building Official is
authorized to enter the structure or premises at reasonable times to inspect or to perform the
duties imposed by this code, and other provisions of the Avon Municipal Code, provided that if •
such structure or premises be occupied that credentials be presented to the occupant and entry
requested. If such structure or premises is unoccupied, the Building Official shall first make a
reasonable effort to locate the owner or other person having charge or control of the structure or
premises and request entry. If entry is refused, the Building Official shall have recourse to the
remedies provided by law to secure entry."
15.08.035 Section 105 — Permits
(a) Section 105. 1, Required, is amended by adding the following language:
"No building or mechanical permits will be issued for the installation of a wood burning device
unless the device is in conformance with the Chapter 15.40, Solid - Fuel - Burning Devices."
(b) Section 105.1.1, Annual permit, is deleted.
(c) Section 105.1.2, Annual permit records, is deleted.
(d) Section 105.5, is amended to read as follows:
"105.5 Expiration. Every permit issued shall expire and become invalid unless the work on the
site authorized by such permit is commenced within 180 days after its issuance, or if the work
authorized on the site by such permit is suspended or abandoned for a period of 180 days after the
time the work is commenced. The Building Official is authorized to grant, in writing, one
extension of time, for a period of 180 days. The extension shall be requested in writing prior to
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is
• the expiration date, shall demonstrate justifiable cause and include a fee of one half the amount
required for a new permit for such work. Work on the site shall be deemed as commenced upon
approval of the final footing inspection and shall be deemed as suspended or abandoned if no
subsequent inspections have been approved within a 180 -day period."
15.08.036 Section 106 — Floor and Roof Design Loads
Section 106 is adopted as written.
15.08.040 Section 107.2.5 — Site Plan
Section 107.2.5 Site plan, is amended to read as follows:
"107.25 Site Plan. The construction documents submitted with the application for permit shall be
accompanied by a site plan showing to scale the size and location of new construction and
existing structures on the site, distances from lot lines, the established street grades and the
proposed finish grades and, as applicable, flood hazard areas, floodways, and design flood
elevations. The site plan shall be based on, and be accompanied by a recent topographic survey
conforming to National Map Accuracy Standards, prepared by a registered land surveyor,
licensed to practice in the State of Colorado. 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. A complete flood plain
development plan, as described by FEMA, is required. 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 affix his name and seal. Permanent reference monuments shall be set and marked
and shall be made of No. 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. In the case of demolition, the site plan
shall show construction to be demolished and the location and size of existing structures and
construction that are to remain on the site or plot. The Building Official is authorized to waive or
modify the requirement for a site plan when the application for permit is for alteration, repair or
remodel totally within the limits of an existing building or structure, or when otherwise
warranted."
15.08.050 Section 109 — Fees
(a) Section 190.2 Schedule of Permit Fees, is amended to read as follows:
"109.2 Schedule of Permit Fees. On buildings, structures, electrical, gas, mechanical and
plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required
in accordance with the schedule as established by resolution by the Town Council of the Town of
Avon."
(b) Section 109.6, Refunds is deleted.
(c) Section 109.7, Contractor licensing, is amended to add the following language:
"109.7 Contractor Licensing. All contractors, including those who are duly licensed by the State,
shall purchase a license for conducting work within the Town of Avon. Established annual fees
are:
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Class
enera Contractor
Class 11
Other Contractors
Class
Municipal Contractors
Licenses issued pursuant to this section shall be valid for a period of one year from the date of
issue. Every contractor, including Electrical Contractors and owner - builders, shall provide
current certificate of insurance for statutory workers compensation and commercial general
liability insurance of one million dollars ($1,000,000) per occurrence and two million dollars
($2,000,000) general aggregate before a contractor's license is issued. An owner - builder is one
that will personally perform at least 50% of all labor involved in the construction of a single -
family residence, and will be on site to supervise all other work involved. The building shall be
intended for use as the principal residence of the owner - builder and shall be personally occupied
by said owner - builder for a minimum of one year from the date the Certificate of Occupancy is
issued."
15.08.060 Section 110 — Inspections
Section 110, Inspections, is amended to read as follows:
•
"(1) Section 110.2, Preliminary Inspection
110.2.1 Inspection Record Card. Inspection record cards shall be on the Construction Sign. It
shall be the responsibility of the permittee to display the inspection record card on the job site
throughout the construction process for the inspector's signatures. For approval to occupy the
structure, either by Temporary Certificate of Occupancy or Certificate of Occupancy, this card
must have complete sign -offs for all required inspections and be returned to the Town of Avon
Building Official. If the card becomes unreadable or lost there will be a $20.00 fee to replace or
update the card. The Building Official is authorized to waive the record card on a job by job •
basis.
110.2.2 Site Preparation Inspection. The site preparation inspection shall include the staked
property lines, setback lines, area of disturbance and soils erosion control measures. A
construction sign with building permit number, street address and contractors name shall be
installed on the site and properly placed to be seen and read from the street and all necessary
toilet facilities in place prior to this inspection being approved.
110.2.3 Culvert and Driveway Base. The culvert and driveway base inspection shall be done
prior to the placement of the permanent driveway covering. The culvert and approach shall
conform to Title 12 of the Avon Municipal Code. This inspection is one of the requirements for
Occupancy of the building."
(2) Section 109.3.1, Footing and Foundation Inspection, is amended by the addition of the
following language:
"The footing inspection shall be done after the Site Preparation Inspection, and when all footing
forms and steel are in place. In winter, blankets and heating devices shall be on site to prevent
freezing of the concrete during freezing weather.
110.2.3.1 Improvement Location Survey Inspection. An Improvement Location Survey shall be
prepared by a Colorado - licensed professional land surveyor. The improvement location survey
inspection shall be the second part of the foundation inspection. An Improvement Location
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•
• Survey shall be done when the forms are removed. The Survey shall contain all required statutory
information and show all walls in relationship to the required setbacks, as well as all pertinent
elevations at the top of the wall. The benchmark must be the same one used for the plan approval
process. The Survey shall be presented to the Building Official within 15 working days of the
date of the foundation inspection or else all construction on the site will be stopped until the
survey is presented and approved by the Town.
110.2.3.2 Second Improvement Location Survey. A second Improvement Location Survey
prepared by a Colorado - licensed professional land surveyor shall be submitted for all buildings
that have been designed to within 18 inches of allowable building height, or within 18 inches of a
setback line. The inspection is to be done at the time the ridge boards are in place, and shall show
all pertinent elevations using the original benchmark. The frame inspection will not be approved
until this survey has been presented to the Building Official and has been approved. If this survey
is not presented within 15 working days of the frame inspection then all work on the project will
be stopped until the survey is presented and approved by the Town.
(3) Section 110.2.3.3 is amended by adding the following language:
"110.2.3.3 Cleanup 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, as determined by the Building Official, to the permit holder to do so, the
actual costs for such services shall be charged to the permit holder, which sum shall be payable at
the time a Temporary Certificate of Occupancy is applied for. Construction debris shall be stored
in one general location on the site, and shall be removed weekly, or more frequently if necessary,
by the permit holder or his agent. Job sites shall be sprinkled as required by the Building Official
to prevent blowing of dust. In determining whether or not to sprinkle, the Building Official shall
• consider availability of water, weather conditions and other relevant factors."
15.08.070 Section 111 — Certificate of Occupancy
Section 111 is amended by adding the following language:
"111.2.1 Conditions of the Certificate of Occupancy
The Certificate of Occupancy shall not be issued until all construction has been completed,
including building, electrical, plumbing, mechanical, fire systems, landscaping, paving, final
grading, drainage and all other construction. All signs of construction must be removed from the
property, including excess dirt, building materials, trash containers, rubbish, trash and related
items, before the Certificate of Occupancy will be issued.
111.2.2 Cleanup, Landscaping and General Construction Deposit
A cleanup, landscaping and general construction deposit ( "deposit ") is designed to provide
security for all conditions contained in the temporary certificate of occupancy ( "TCO "). The
deposit shall be paid in cash and shall be paid to the Town of Avon. In lieu of cash, and upon a
showing to the Town that adequate security will be provided thereby, the deposit may be by a
letter of credit. The letter of credit must be valid for one year and renewable upon the Town's
request. The amount of the deposit required shall be based upon a current bid by a reputable
contractor, plus twenty -five percent of the bid, good for sufficient time to allow completion of the
work, or upon some other basis deemed acceptable by the Town. The bid shall be based upon
completion of all remaining work indicated on the approved building permit plans, and any
subsequent conditions of approval. If the cleanup, landscaping and general construction, as
defined in this Chapter, is not completed within three months of the date the TCO is issued, the
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Town may, but shall not be obligated to, complete such cleanup, landscaping and general
construction, the cost of doing so, together with a fee in the amount of twenty percent of such •
costs, to be charged to the permit holder and deducted from the cash deposited. If the cost for
completion by the Town, 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 as delinquent ad valorem taxes levied against such property.
111.2.3 Conditions of a Temporary Certificate of Occupancy
1. A temporary certificate of occupancy ( "TCO ") shall be valid for three (3) months. The
Building Official may grant one TCO extension for up to three months. Such extension shall be
granted in writing.
2. The following shall be completed prior to the issuance of a temporary certificate of occupancy
for commercial or multi - family (A, B, E, F, H, I, M, S and R- 1- 2 -4 &I) occupancies:
a. The exterior of the building is complete, including painted vents, meters and light fixtures.
b. The interior shell building is complete with all required final inspections approved, including
building, fire sprinkler (if required), electrical, plumbing and mechanical smoke detectors, fire
alarms and sprinklers.
c. Two operative bathrooms on each floor being occupied in other than R occupancies.
d. Entrance and other work within the public right -of -way must be approved.
e. All required parking paved and marked.
f. All utility tap fees paid.
g. Positive drainage away from the building in all directions at two percent for a minimum of five
feet.
h. Where the required cleanup, landscaping or construction required for a certificate of
occupancy is not complete, a temporary certificate of occupancy (TCO) may be issued upon •
submittal and approval of a cleanup, landscaping and construction deposit in accordance with
Section 110.3.2. The surety will be returned to the permittee upon issuance of the final certificate
of occupancy.
111.2.4 Occupancy Violations. Whenever any building or structure or equipment therein
regulated by this code or by other provisions of the Avon Municipal Code is being used contrary
to the provisions of this code, or of other provisions of the Avon Municipal Code, the Building
Official may order such use discontinued and the structure, or portion thereof, vacated by notice
served on any person causing such use to be continued. Such person shall discontinue the use
within the time prescribed by the Building Official after receipt of such notice to make the
structure, or portion thereof, comply with the requirements of this code."
15.08.080 Section 113 — Board of Appeals
Section 113 is repealed and reenacted to read as follows:
"113.1 Appeals to Town Council. A person shall have a right to appeal a decision of the
Building Official to the Town Council acting in accordance with Chapter 15.06 of the Avon
Municipal Code."
15.08.090 Section 115 — Stop Work Order
Section 115, Authority, is amended to read as follows:
"115 Authority. Whenever the Building Official finds any ' work regulated by this code, other
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provisions of the Avon Municipal Code, or other pertinent laws or ordinances implemented
• through the enforcement of this code, being performed in a manner either contrary to the
provisions of the applicable code, law or ordinance or that is dangerous or unsafe, the Building
Official is authorized to issue a stop work order."
15.08.100 Section 501.2 — Premises Identification
Section 501.2, Premises identification, is amended to read as follows:
"501.2 Premises Identification. New and existing buildings shall be provided with approved
address numbers or letters. Each character shall be a minimum 4 inches (102 mm) high and a
minimum of 0.5 inches (12.7mm) wide. They shall be installed on a contrasting back ground and
be plainly visible from the street or road fronting the property. Where access is by means of a
private road and the building address cannot be viewed from the public way, a monument, pole
or other approved sign or means shall be used to identify the structure."
15.08.110 Section 1204 — Temperature Control
Section 1204 is amended to read as follows:
"1204.1 Equipment and Systems. Interior spaces intended for human occupancy shall be
provided with active or passive space heating systems capable of maintaining a minimum indoor
temperature of 68 degrees Fahrenheit at a point 3 feet above the floor on the design heating day.
Outside design temperature shall be not more than minus 20 degrees Fahrenheit.
Exception: Interior spaces where the primary purpose is not associated with human comfort."
15.08.120 Section 1608.2 — Ground Snow Loads
• Section 1608.2, Ground Snow Loads, is amended to read as follows:
"1608.2 Ground Snow Loads. Snow load shall be determined by the altitude of the property
being built on. Property at 8600 feet and above shall be designed for a snow load of 90 pounds
per square foot. Property below 8600 feet shall be designed for a 75- pound - per - square -foot snow
load."
15.08.125 Section 1603.2 — Boulder Walls
"1603.2 Boulder Walls. This section is hereby added with the following language: Boulder
walls (rock walls) four feet and taller shall be designed by an engineer licensed to practice in the
State of Colorado."
15.08.130 Section 1704 — Special Inspections
Section 1704, Special Inspections, is amended by adding the following:
"1704.2.3 Log Frame Construction — Log Inspection. A third party inspection by a certified log
inspection agency shall be required of all structural members in log frame buildings. A letter
from the log grading agency certifying that log grades are in accordance with the plan
specifications shall be required at or prior to the frame inspection."
"1704.16.1.1 Special Inspections for Elevators. Elevators installed in all buildings or structures
shall require a third party plan review and inspection by a certified elevator inspection agency."
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15.08.140 Section 1809.5 — Frost Protection
1809.5, Item 1. Shall be amended as follows:
"Footings shall have a minimum depth of 48 inches from the top of the finished grade to the
bottom of the footer."
15.08.150 Chapter 30 — Elevators and Conveying Systems
Section 3001.5 is added to read:
"3001.5 Fees. Elevator permit applications and inspections will be administered by and through
the Northwest Colorado Council of Governments. Elevator permit and inspection fees shall be
paid to the Northwest Colorado Council of Governments. (For permit application and inspections
contact the Northwest Colorado Council of Governments Elevator Inspection Program at 970-
468- 0295 (Ext. 108.)"
This program exists as Memorandum of Agreement with the Division of Oil & Public Safety.
All conveyances in Colorado shall be registered with the Division of Oil & Public Safety (OPS).
The Town of Avon adopts the A17.1 -2007 elevator code and the A18.1 -2005 safety standard for
vertical platform and wheelchair lifts, by reference."
15.08.160 Appendix J — Grading
C,
"Appendix J Section J101.1 Scope. Section J101.1 Scope is amended by adding the following sentence: •
Grading permits shall be permitted, regulated and enforced by the Town of Avon Engineer."
15.08.300 Violation
The following clause concerning violations is set forth in full and adopted with reference to the
2003 International Building Code named in the title of this Chapter:
"It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish,
repair, use and occupy any building or structure in the Town, or cause or permit the same to be
done, contrary to or in violation of any of the adopted or modified provisions of any of the codes
or standards named in the title of this Chapter."
15.08.3 10 Penalty
Any person violating any of the provisions of this Chapter or of the provisions of the 2009
International Building Code named in the title of this Chapter, as adopted and modified herein,
shall be deemed to have committed a civil infraction for each and every day or portion thereof
during which any infraction 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 shall be subject to the penalties
contained in Chapter 1.09 of this Code.
15.08.320 Repeal
The repeal or the repeal and reenactment of any provision of the code of the Town as provided in
this Chapter shall not affect any right which has accrued, any duty imposed, violation that
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occurred prior to the effective date hereof, any prosecution commenced, nor any other action or
is proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted.
The repeal of any provision shall not revive any provision of any ordinance previously repealed
or superseded unless expressly stated in this Chapter.
15.08.330 Validity
If any section, subsection, sentence, clause, or phrase of the 2009 International Building 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 constitutionality of the remaining provisions of this
Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and
each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional.
CHAPTER 15.09
Residential Code
15.09.010 Adoption
(a) Section 6.9 of the Town Charter provides that standards codes may be adopted by reference
with amendments. The Town adopts the 2009 International Residential Code for One- and Two -
Family Dwellings, excluding Chapters 36, 37, 38, 39, and 40 and including Appendix G.
(b) The 2009 International Residential Code for One- and Two - Family Dwellings is published by
the International Code Council, 4051 West Flossmoor Road, Country Club Hills, Illinois, 60478-
5795. A copy of the 2009 International.Residential Code for One- and Two - Family Dwellings is
on file in the office of the Town Clerk and is available for inspection during regular business
• hours.
15.09.020 Additions or Modifications
The 2009 International Residential Code for One- and Two - Family Dwellings is amended and
changed as described in Sections 15.09.030 through 15.09.140.
15.09.030 Section R104 — Duties and Powers of the Building Official
(a) Section R104.1, General, is amended to read as follows:
"R104.1 General. The Building Official is hereby authorized and directed to enforce the
provisions of this code and other provisions of the Avon Municipal Code. For such purposes, the
Building Official shall have the powers of a law enforcement officer. The Building Official shall
have the authority to render interpretations of this code and to adopt policies and procedures in
order to clarify the application of its provisions. Such interpretations, policies and procedures
shall be in compliance with the intent and purpose of this code. Such policies and procedures
shall not have the effect of waiving the requirements specifically provided for in this code."
(b) Section R104.6, Right of Entry, is amended to read as follows:
"R104.6 Right of Entry. Where it is necessary to make an inspection to enforce the provisions of
this code, and of other provisions of the Avon Municipal Code, or where the Building Official
has reasonable cause to believe that there exists in a structure or upon a premises a condition that
is contrary to or in violation of this code, and of other provisions of the Avon Municipal code,
which makes the structure or premises unsafe, dangerous or hazardous., the Building Official is
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authorized to enter the structure or premises at reasonable times to inspect or to perform the
duties imposed by this code, and other provisions of the Avon Municipal Code, provided that if •
such structure or premises be occupied that credentials be presented to the occupant and entry
requested. If such structure or premises is unoccupied the Building Official shall first make a
reasonable effort to locate the owner or other person having charge or control of the structure or
premises and request entry. If entry is refused, the Building Official shall have recourse to the
remedies provided by law to secure entry."
15.09.040 Section R105 — Permits
(a) Section R105.1, Required, is amended by adding the following language:
"No building or mechanical permits will be issued for the installation of a wood - burning device
unless the device is in conformance with the Town of Avon, Chapter 15.40 of the Avon
Municipal Code."
(b) Section R105.5 is amended to read as follows:
"R105.5 Expiration. Every permit issued shall expire and become invalid unless the work on the
site authorized by such permit is commenced within 180 days after its issuance, or if the work
authorized on the site by such permit is suspended or abandoned for a period of 180 days after the
time the work is commenced. The Building Official is authorized to grant, in writing, one
extension of time, for a period of 180 days. The extension shall be requested in writing prior to
the expiration date, shall demonstrate justifiable cause and include a fee of one -half the amount
required for a new permit for such work. Work on the site shall be deemed as commenced upon
approval of the final footing inspection and shall be deemed as suspended or abandoned if no
subsequent inspections have been approved within a 180 -day period.
15.09.050 Section R106.2 — Site Plan •
Section R106.2, Site plan, is amended to read as follows:
"R106.2 Site Plan. The construction documents submitted with the application for permit shall
be accompanied by a site plan showing to scale the size and location of new construction and
existing structures on the site, distances from lot lines, the established street grades and the
proposed finish grades and, as applicable, flood hazard areas, floodways, and design flood
elevations. The site plan shall be based on, and be accompanied by a recent topographic survey
conforming to National Map Accuracy Standards, prepared by a registered land surveyor,
licensed to practice in the State of Colorado. 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. A complete flood
plain development plan, as described by FEMA, is required. 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 affix his name and seal. Permanent reference monuments shall be set and
marked and shall be made of No. 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. In the case of demolition, the
site plan shall show construction to be demolished and the location and size of existing structures
and construction that are to remain on the site or plot. The Building Official is authorized to
waive or modify the requirement for a site plan when the application for permit is for alteration,
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•
• repair or remodel totally within the limits of an existing building or structure, or when otherwise
warranted."
U
15.09.060 Section R108 - Fees
(a) Section R108.2, Schedule of Permit Fees, is amended to read as follows:
"R108.2 Schedule of Permit Fees. On buildings, structures, gas, mechanical, and plumbing
systems or alterations requiring a permit, a fee for each permit shall be paid as required in
accordance with the schedule as established by resolution by the Town Council of the Town of
Avon."
(b) R108.4, Related fees, is amended by the addition of the following:
"R108.4.1 Elevators and Conveying Systems Fees. Elevator permit applications and inspections
will be administered by and through the Northwest Colorado Council of Governments. Elevator
permit and inspection fees shall be paid to the Northwest Colorado Council of Governments. (For
permit application and inspections contact the Northwest Colorado Council of Governments
Elevator Inspection Program at 970 - 468 -0295 ext. 108.)"
(c) Section R108.5, Refunds, is deleted.
(d) Section R108.6, Contractor Licensing, is added to read as follows:
"R108.6 Contractor Licensing. All contractors, including those who are duly licensed by the
State, shall purchase a license for conducting work within the Town of Avon. Established annual
fees are:
Class I
General Contractor
ass 11
Other_ o_ntractors
CTa-s-s-TIT
Municipal ontractors
Licenses issued pursuant to this section shall be valid for a period of one year from the date of
issue. Every contractor, including Electrical Contractors and owner - builders, shall provide
current certificate of insurance for statutory workers compensation, and general commercial
liability insurance of one million dollars ($1,000,000) per occurrence and two million dollars
($2,000,000) general aggregate before a contractor's license is issued. An owner - builder is one
that will personally perform at least 50% of all labor involved in the construction of a single -
family residence, and will be on site to supervise all other work involved. The building shall be
intended for use as the principal residence of the owner - builder and shall be personally occupied
by said owner - builder for a minimum of one year from the date the Certificate of Occupancy is
issued."
15.09.070 Section R109 - Inspections
Section R109 is amended as follows:
(1) Section R109.1.1, Foundation inspection, is amended by addition of the following language:
"The footing inspection shall be done after the Site Preparation Inspection, and when all footing
forms and steel are in place. In winter, blankets and heating devices shall be on site to prevent
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freezing of the concrete during freezing weather.
R109.1.1.1 Improvement Location Survey Inspection. An Improvement Location Survey shall •
be prepared by a Colorado - licensed professional land surveyor. The improvement location survey
inspection shall be the second part of the foundation inspection. An Improvement Location
Survey shall be done at the time of the foundation wall inspection. The Survey shall contain all
required statutory information and show all walls in relationship to the required setbacks, as well
as all pertinent elevations at the top of the wall. The benchmark must be the same one used for
the plan approval process. The Survey shall be presented to the Building Official within 15
working days of the date of the foundation inspection or else all construction on the site will be
stopped until the Survey is presented and approved by the Town.
R109.1.1.2 Second Improvement Location Survey. A second Improvement Location Survey
prepared by a Colorado - licensed professional land surveyor shall be submitted for all buildings
that have been designed to within 18 inches of allowable building height, or within 18 inches of a
setback line. The inspection is to be done at the time the ridge boards are in place, and shall show
all pertinent elevations using the original benchmark. The frame inspection will not be approved
until this survey has been presented to the Building Official and has been approved. If this survey
is not presented within 15 working days of the frame inspection then all work on the project will
be stopped until the survey is presented and approved by the Town."
(2) Section R109.1.5, Other Inspections, is amended by the addition of the following language:
"R109.1.5.2 Inspection Record Card. Inspection record cards shall be on the construction sign.
It shall be the responsibility of the permittee to display the inspection record card on the job site
throughout the construction process for the inspector's signatures. For approval to occupy the
structure, either by Temporary Certificate of Occupancy or Certificate of Occupancy, this card •
must have complete sign -offs for all required inspections and be returned to the Town of Avon
Building Official. If the card becomes unreadable or lost, there will be a $20.00 fee to replace or
update the card. The Building Official is authorized to waive the use of the record card on a job
by job basis.
R109.1.5.3 Site Preparation Inspection. The site preparation inspection shall include the staked
property lines, setback lines, area of disturbance and soils erosion control measures. A
construction sign with building permit number, street address and contractor's name shall be
installed on the site and properly placed to be seen and read from the street, prior to this
inspection being approved.
R109.1.5.4 Culvert and Driveway Base. The culvert and driveway base inspection shall be done
prior to the placement of the permanent driveway covering. The culvert and approach shall
conform to Title 12 of the Avon Municipal Code. This inspection is one of the requirements for
occupancy of the building.
R109.1.5.5 Log Frame Construction — Log Inspection. A third party inspection by a certified log
inspection agency shall be required of all structural members in log frame buildings. A letter
from the log grading agency certifying that log grades are in accordance with the plan
specifications shall be required at or prior to the frame inspection.
R109.1.5.6 Special Inspections for Elevators. Elevators installed in all buildings or structures
shall require a third party plan review and inspection by a certified elevator inspection agency."
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•
• (3) Section R109.5 is added to read as follows:
"R109.5 Cleanup 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, as determined by the Building Official, to the permit holder to do so, the actual
costs for such services shall be charged to the permit holder, which sum shall be payable at the
time a Temporary Certificate of Occupancy is applied for. Construction debris shall be stored in
one general location on the site, and shall be removed weekly, or more frequently if necessary, by
the permit holder or his agent. Job sites shall be sprinkled as required by the Building Official to
prevent blowing of dust. In determining whether or not to sprinkle, the Building Official shall
consider availability of water, weather conditions and other relevant factors."
15.09.080 Section R110 — Certificate of Occupancy
Section R110 is amended by adding the following language:
"R110.3.1 Conditions of the Certificate of Occupancy
The Certificate of Occupancy shall not be issued until all construction has been completed,
including building, electrical, plumbing, mechanical, fire systems, landscaping, paving, final
grading, drainage and all other construction. All signs of construction must be removed from the
property, including excess dirt, building materials, trash containers, rubbish, trash and related
items, before the Certificate of Occupancy will be issued. Issuance of a certificate of occupancy
shall not be construed as an approval of a violation of the provisions of this code or other
ordinances of the jurisdiction.
R110.4.1 Conditions of a Temporary Certificate of Occupancy
• 1. A temporary certificate of occupancy ( "TCO ") shall be valid for three months. The Building
Official may grant one TCO extension for up to three (3) months. Such extension shall be granted
in writing.
2. The following shall be completed prior to the issuance of a temporary certificate of occupancy
for one- and two - family dwellings:
a. The exterior of the building is complete, including painted vents, meters and light fixtures.
b. The interior shell building is complete with all required final inspections approved, including
building, fire sprinkler (if required), electrical, plumbing and mechanical.
c. One bathroom operative as per the approved plans.
d. Entrance and other work within the public right -of -way must be approved.
e. Positive drainage away from the buildings in all directions at two percent (2 %) for a minimum
of five (5) feet.
f. Sufficient roadway access for emergency vehicles and minimum parking requirements must be
met.
g. All utility tap fees paid.
h. Where the required cleanup, paving, landscaping or construction required for a certificate of
occupancy is not complete, a temporary certificate of occupancy (TCO) may be issued upon
submittal and approval of a cleanup, landscaping and construction deposit in accordance with
Section R110.4.1 The surety will be returned to the permittee upon issuance of the final
certificate of occupancy.
RI 10.4.1 Cleanup, Landscaping and General Construction Deposit
A cleanup, landscaping and general construction deposit ( "deposit ") is designed to provide
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security for all conditions contained in the temporary certificate of occupancy ( "TCO "). The
deposit shall be paid in cash and shall be paid to the Town of Avon. In lieu of cash, and upon a •
showing to the Town that adequate security will be provided thereby, the deposit may be by a
letter of credit. The letter of credit must be valid for one year and renewable upon the Town's
request. The amount of the deposit required shall be based upon a current bid by a reputable
contractor, plus twenty -five percent (25 %) of the bid, good for sufficient time to allow
completion of the work, or upon some other basis deemed acceptable by the Town. The bid shall
be based upon completion of all remaining work indicated on the approved building permit plans,
and any subsequent conditions of approval. If the cleanup, landscaping and general construction,
as defined in this chapter, is not completed within three months of the date the TCO is issued, the
Town may, but shall not be obligated to, complete such cleanup, landscaping and general
construction, the cost of doing so, together with a fee in the amount of twenty percent (20 %) of
such costs, to be charged to the permit holder and deducted from the cash deposited. If the cost
for completion by the Town, plus the fee, exceeds the amount of the deposit, the excess, together
with interest at twelve percent (12 %) [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 as delinquent ad valorem taxes levied against such property.
R110.6 Occupancy Violations. Whenever any building or structure or equipment therein
regulated by this code or by other provisions of the Avon Municipal Code is being used contrary
to the provisions of this code, or of other provisions of the Avon Municipal Code, the Building
Official may order such use discontinued and the structure, or portion thereof, vacated by notice
served on any person causing such use to be continued. Such person shall discontinue the use
within the time prescribed by the Building Official after receipt of such notice to make the
structure, or portion thereof, comply with the requirements of this code."
15.09.090 Section R112 — Board of Appeals •
Section R112 is repealed and reenacted to read as follows:
"R112 Appeals to Town Council. A person may appeal a decision of the Building Official to the
Town Council in accordance with Chapter 15.06 of the Avon Municipal Code."
15.09. 100 Section R114 — Stop Work Order
Section R114.1, Authority, is amended to read as follows:
R114.1 Notice to Owner. Whenever the Building Official finds any work regulated by this code,
other provisions of the Avon Municipal Code, or other pertinent laws or ordinances implemented
through the enforcement of this code, being performed in a manner either contrary to the
provisions of the applicable code, law or ordinance or that is dangerous or unsafe, the Building
Official is authorized to issue a stop work order. Upon notice from the Building Official that any
work is being prosecuted contrary to the provisions of this code such work shall be immediately
stopped. The stop work order shall be in writing and shall be given to the owner of the property
involved, or to the owner's agent, or to the person doing the work; and shall state the conditions
under which work will be permitted to resume."
15.09. 110 Table R301.2(1) — Climatic and Geographic Design Criteria
Table R301.2(1) Climatic and Geographic Design Criteria is amended by the insertion of the
following criteria:
"a) Ground Snow Loads: Snow load shall be determined by the altitude of the property being
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built on. Property at 8600 feet and above shall be designed for a snow load of 90 pounds per
• square foot. Property below 8600 feet shall be designed for a 75- pound -per- square -foot snow
load.
b) Wind Speed: 90 Miles Per Hour
c) Seismic Design Category: B
d) Weathering: Severe
e) Frost Line Depth: 48 inches
f) Termite: Slight to Moderate
g) Winter Design Temperature: -20 Degrees Fahrenheit
h) Flood Hazards: .8/18/87
i) Air Freezing Index: 2,500
j) Mean annual temp: 40 degrees Fahrenheit
15.09.115 Section R313 Automatic Sprinkler System
Section R313 is repealed and reenacted to read as follows:
"R313.1 Townhouse Automatic Fire Sprinkler Systems
An automatic residential fire sprinkler system shall be installed in townhouses.
Exception: An automatic residential fire sprinkler system shall not be required when additions or
alterations are made to existing townhouses that do not have an automatic residential fire
sprinkler system installed.
R 313.1.1 Design and Installation. Automatic residential fire sprinkler systems for townhouses
shall be designed and installed in accordance with Section P2904.
R313.2 One -and Two - Family Dwellings Automatic Fire Systems. Effective January 1, 2012, an
automatic residential fire sprinkler system shall be installed in one- and two - family dwellings.
Exception: An automatic residential fire sprinkler system shall not be required for additions or
• alterations to existing buildings that are not already provided with an automatic residential
sprinkler system.
R313.2.1. Design and Installation. Automatic residential fire sprinkler systems shall be designed
and installed in accordance with Section P2904 or NFPA 13 D."
15.09.120 Section R319 Site Address
Section R321.1, Premises Identification, is amended to read as follows:
"R319 Address Numbers. Buildings shall have approved address numbers, building numbers or
approved building identification placed in a position that is plainly legible and visible from the
street or road fronting the property. These numbers shall contrast with their background. Address
numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4
inches (102 mm) high with a minimum stroke width of '/2 inch (12.7mm). Where access is by
means of a private road and the building address cannot be viewed from the public way, a
monument, pole or other sign or means shall be used to identify the structure."
15.09.140 Section R403.1.4 — Minimum Depth
The first sentence is amended to read as follows:
"Footings shall have a minimum depth of 48 inches from the top of the finished grade to the
bottom of the footer."
15.09.300 Violation
The following clause concerning violations is set forth in full and adopted with reference to
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the 2009 International Residential Code named in the title of this Chapter:
"It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, •
repair, use and occupy any building or structure in the Town, or cause or permit the same to be
done, contrary to or in violation of any of the adopted or modified provisions of any of the codes
or standards named in the title of this Chapter."
15.09.3 10 Penalty
Any person violating any of the provisions of this Chapter or of the provisions of the 2003
International Residential Code named in the title of this Chapter, as adopted and modified herein,
shall be deemed to have committed a civil infraction for each and every day or portion thereof
during which any infraction 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 shall be subject to the penalties
contained in Chapter 1.09 of this Code.
15.09.320 Repeal
The repeal or the repeal and reenactment of any provision of the code of the Town as provided in
this Chapter shall not affect 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 reenacted.
The repeal of any provision shall not revive any provision of any ordinance previously repealed
or superseded unless expressly stated in this Chapter.
15.09.330 Validity
If any section, subsection, sentence, clause or phrase of the 2003 International Residential 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 constitutionality of the remaining provisions of this •
Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and
each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional.
CHAPTER 15.12
International Electrical Code
15.12.010 Adoption
The Town adopts the 2008 Edition of the National Electrical Code. The National Electrical Code
is published by the National Fire Protection Association, Batterymarch Park, Quincy,
Massachusetts 02269. A copy of the 2008 Edition of the National Electrical Code is on file in the
Town Clerk's office and is available for inspection during regular office hours.
15.12.020 Administration — Fees
Electrical permit applications and inspections will be administered by and through the Colorado
State Electrical Board Department of Regulatory Agencies. Electrical permit and inspection fees
shall be paid to the Colorado State Electrical Board Department of Regulatory Agencies. (For
permit application and inspections, contact the Colorado State Electrical Board at 1580 Logan
St., Ste. 550, Denver, Colorado 80203 -1941; Telephone 303 - 894 -2300)
15.12.060 Violation
The following clause concerning violations is set forth in full and adopted with reference to the
2008 Edition of the National Electrical Code named in the title of this Chapter.
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•
• "It is 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 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
Chapter."
15.12.070 Penalty
Any person violating any of the provisions of this Chapter or of the provisions of the National
Electrical Code named in the title of this Chapter, as adopted and modified herein, shall be
deemed to have committed a civil infraction for each and every day or portion thereof during
which any infraction 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 shall be subject to the penalties
contained in Chapter 1.09 of this Code.
15.12.080 Validity
If any section, subsection, sentence, clause or phrase of the 2008 Edition of the National
Electrical 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 constitutionality of the remaining
provisions of this Chapter. The Town declares that it would have passed the ordinance codified
in this Chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that
any one (1) or more sections, subsections, sentences, clauses and phrases be declared invalid.
15.12.090 Repeal
The repeal or the repeal and reenactment of any provision of this code as provided in this Chapter
shall not affect 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 provisions repealed or repealed and reenacted.
CHAPTER 15.20
International Plumbing Code
15.20.010 Adoption
The Town adopts the 2009 Edition of the International Plumbing Code and all appendix chapters
thereto. The 2009 Edition of the International Plumbing Code was published by the International
Code Council, 500 New Jersey Avenue, N.W., Sixth Floor, Washington, D.C. 20001. A copy of
the 2009 International Plumbing Code are on file in the Town Clerk's office, and are available for
inspection during regular office hours.
15.20.020 Additions or Modifications
The 2009 International Plumbing Code is amended and changed in Sections 15.20.030 through
15.20.100 of this Chapter.
15.20.030 Organization and Enforcement
(Refer to the 103 — Department of Plumbing Inspection)
15.20.040 Section 103.1.3 — Department of Plumbing Inspection
Section 103.1.3 is amended by adding the following paragraph:
"Section 103.1.3 — Licensing. Pursuant to Section 12 -58 -115 of the Colorado Revised Statutes,
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only qualified licensed plumbers may install Plumbing Systems as defined in Section 202 of the
International Plumbing Code." •
15.20.050 Section 106 — Fee Schedule
"All fees shall be as shown on the Town of Avon Fee Schedule A (adopted by resolution of the
Town)."
15.20.060 306 — Trenching, Excavation and Backfill
15.20.060 is added and amended by adding the following language:
"The minimum cover for water supply and sewer piping, not under a building, shall be 7 feet
below finished grade."
15.20.065 Section 412.5 — Mechanical Rooms
This section is hereby amended to add the following language:
"For heating or hot -water boiler applications, the boiler room shall be equipped with a floor drain
or other means suitable for disposing of the accumulation of liquid waste incidental to cleaning,
recharging and routine maintenance."
15.20.70 Section 606.2 — Location of Shutoff Valves
This section is hereby amended as follows:
"Add Item 4. On the fixture supply to each plumbing fixture other than bathtubs, showers and
concealed wall mounted faucets in one- and two - family residential occupancies, and in individual
guest rooms in hotels, motels, boarding houses, and similar occupancies shutoff valves are
required." •
15.20.080 Section 906 — Vent Termination
"Section 906.1. Each vent pipe or stack shall extend through its flashing and shall terminate
vertically not less than twelve (12) inches above the roof. nor less than two (2) feet from any
vertical surface."
15.20.110 Violation
The following clause concerning violations is set forth in full and adopted with reference to the
International Plumbing Code named in the title of this Chapter:
"It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish,
repair, use and occupy any building or structure in the Town, 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 chapter."
15.20.120 Penalty
Any person, firm or corporation violating any of the provisions of this Chapter or of the
provisions of the International Plumbing Code named in the title of this Chapter, as adopted and
modified herein, 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 punished by a fine of not more than
one thousand dollars ($1,000.00) or imprisonment for one (1) year or by both such fine and
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•
• imprisonment. (Ord. 07 -13)
15.20.130 Repeal
The repeal, or the repeal and reenactment, of any provision of the Code as provided in this
Chapter, shall not affect any right which has accrued, any duty imposed, or 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 reenacted.
The repeal of any provision shall not revive any provision of any ordinance previously repealed
or superseded unless expressly stated in this Chapter.
15.20.140 Validity
If any section, subsection, sentence, clause or phrase of the International Plumbing 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 constitutionality of the remaining provisions of this Chapter. The
Town declares that it would have passed the ordinance codified in this Chapter, and each section,
subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections,
subsections, sentences, clauses and phrases be declared unconstitutional.
CHAPTER 15.24
International Mechanical Code
15.24.010 Adoption
The Town adopts the 2009 Edition of the International Mechanical Code. The 2003 Edition of
the International Mechanical Code is published by the International Code Council, Inc., 4051
West Flossmoor Road, Country Club Hills, Illinois 60478 -5795. A copy of the 2003 Edition of
the International Mechanical Code is on file in the Town Clerk's office, and is available for
• inspection during regular office hours. (Ord. 04 -14 §4)
15.24.020 Additions or Modifications
The 2009 Edition of the International Mechanical Code is amended and changed in Sections
15.24.030 through 15.24.060 of this Chapter.
15.24.030 Section 106.5.2 — Fee Schedule
Section 106.5.2 is repealed and reenacted to read as follows:
"106.5.2 Fee Schedule The fee for each permit shall be as set forth in The Town of Avon Fee
Schedule A (as adopted by resolution of the Town Council)."
15.24.040 Section 109 — Means of Appeal
Section 109 is repealed and reenacted as follows:
"109.1 Appeals to Town Council. A person shall have a right to appeal a decision of the
Building Official to the Town Council acting in accordance with Chapter 15.06 of the Avon
Municipal Code."
15.24.043 Table 403.3 — Minimum Ventilation Rates
This Table is hereby amended to add the following language:
"Note: 1. Ski Shop Ventilation: For ski shop ventilation compliance requirements, refer to the
2009 capital edition of the International Fire Code Section 610.4.7."
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15.24.046 Section 903.3 — Unvented Gas Log Heaters
This section is hereby amended as follows: •
"Unvented gas fireplaces are prohibited."
15.24.050 Section 701 — Combustion Air, General
Section 701 is amended by adding a new Section 701.6 as follows:
"701.6 Type of Construction. All buildings in the Town of Avon shall be considered to be of
unusually tight construction and will draw all combustion air from the outside of the building."
15.24.060 Section 902 — Masonry Fireplaces
Section 902 is amended by deleting Section 902.6 and by adding the following language:
"902.3 - Definitions.
1. New Technology Device means a solid -fuel- burning device which is certified by the EPA and
listed in the Colorado Department of Health's web page under Air pollution control division,
residential burning information.
A new technology device is; one which has EPA certification as a EPA Certified wood stove.
2. EPA Certified wood stove means a heating appliance that has been independently tested by an
accredited laboratory to meet a particulate emissions limit of 7.5 grams per hour for non - catalytic
wood stoves and 4.1 grams per hour for catalytic wood stoves. A list of certified wood stoves is
available on the EPA's web site. •
Only New technology devices may be used as "Solid fuel burning devices" in the Town of Avon.
3. Gas appliance means a fully self - contained U.L. and A.G.A. listed fireplace unit which des not
require venting through a masonry chimney, which has no damper and which does not permit the
use of solid fuel.
4. Solid -fuel burning devices means any fireplace, firebox or device intended and/or used for the
purpose of burning wood, pulp, paper or other non - liquid or nongaseous fuel. This definition
specifically excludes noncommercial barbecue devices used to cook food outdoors.
5. Gas fireplace means a fire place either manufactured as a finished unit or a true masonry fire
place fitted with an A.G.A and/or U.L. listed gas log kit, has not damper and vents through an
approved vent. Exception The Building Official may approve a gas fireplace equipped with
interlocked damper and gas valve."
902.4 Regulations Below the Elevation of Seven Thousand Eight Hundred Twenty Feet "Below
the elevation of seven thousand eight hundred twenty feet, no new wood burning or solid -fuel
burning fireplaces or other such devices shall be permitted to be constructed or installed after the
ordinance codified in this chapter becomes effective.
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No mobile or modular home shall be moved in place in the Town and connected to utility service
• that has installed with such mobile or modular home a solid -fuel burning device.
Below such elevation, new technology devices, gas appliances and gas fireplaces shall be
permitted. Below such elevation there shall also be permitted one EPA approved wood burning
fireplace in the lobby of any hotel or lodge, provided a fee in the amount of three thousand
dollars ($3,000.00) is paid at the time of application for a building permit.
902.5 Regulations Above Elevation of Seven Thousand Eight Hundred Twenty Feet
Above the elevation of seven thousand eight hundred twenty feet, one New Technology Device
shall be permitted in each new dwelling unit constructed, provided a fee in the amount of one
thousand five hundred dollars ($1,500.00) is paid at the time of application for permit; provided
no new wood - burning or other fuel - burning fire places or other devices shall be permitted in
dwelling units triplex and greater in size after the ordinance codified in this chapter becomes
effective. Above such elevation, certified New Technology solid fuel burning devices, gas
appliances and gas fireplaces shall be permitted.
902.7 Coal Usage Prohibited
The burning of coal within the Town is prohibited."
15.24.110 Violation
The following clause concerning violations is set forth in full and adopted with reference to the
2009 Edition of the International Mechanical Code named in the title of this Chapter: It is
unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use
• and occupy any building or structure in the Town 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 Chapter.
15.24.120 Penalty
Any person violating any of the provisions of this Chapter or of the provisions of the 2003
International Mechanical Code named in the title of this Chapter, as adopted and modified herein,
shall be deemed to have committed a civil infraction for each and every day or portion thereof
during which any infraction 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 shall be subject to the penalties
contained in Chapter 1.09 of this Code.
15.24.130 Repeal
The repeal or the repeal and reenactment of any provision of the code of the Town as provided in
this Chapter shall not affect 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 reenacted.
The repeal of any provision shall not revive any provision or any ordinance previously repealed
or superseded unless expressly stated in this Chapter.
15.24.140 Validity
If any section, subsection, sentence, clause or phrase of the 2003 Edition of the International
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 constitutionality of the remaining
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provisions of this Chapter. The Town declares that it would have passed the ordinance codified
in this Chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that •
any one (1) or more sections, subsections, sentences, clauses and phrases be declared
unconstitutional.
CHAPTER 15.28
International Fuel Gas Code
15.28.010 Adoption
The Town adopts the 2009 Edition of the International Fuel Gas Code and all appendix chapters
thereto. The 2009 Edition of the International Fuel Gas Code is published by the International
Code Council, 500 New Jersey Avenue, N.W., Sixth Floor, Washington, D.C. 20001. A copy of
the 2003 International Fuel Gas Code are on file in the Town Clerk's office, and are available for
inspection during regular office hours.
15.28.020 Additions or Modifications
The 2009 International Fuel Gas Code is amended and changed in Sections 15.28 through
15.28.50 of this Chapter.
15.28.030 Organization and Enforcement
(Refer to the 2009 Edition of the International Fuel Gas Code.)
15.28.040 Section 103.1. International Fuel Gas Code Department of Inspection
15.28.050 Section 106 — Permits
Section 106 is amended as follows:
"Section 106.6 — Fees •
All fees shall be as shown on the Town of Avon Fee Schedule A (adopted by resolution of the
Town)."
15.28.060 Section 304.1 — General
This section is hereby mended by the addition of the following language:
"New construction shall be considered unusually tight construction as defined by this code."
15.28.070 Section 404.5 — Protection Against Physical Damage
This Section is hereby amended by the addition of the following language:
"Above ground gas meters, regulators, and piping shall be protected from damage by ice or snow,
and if exposed to vehicular damage due to the proximity to alleys, driveways or parking areas
shall be protected from such damage."
CHAPTER 15.32
Fire Code
15.32.010 Adoption
(a) The Town adopts, for the purpose of prescribing regulations governing conditions hazardous
to life and property from fire, hazardous materials or explosion, the certain standards known as
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•
the 2009 International Fire Code, including Appendix E Hazardous Categories, and Appendix F
• Hazard Ranking, save and except such portions as are hereinafter deleted, modified or amended
by this Chapter.
(b) The 2009 International Fire Code is published by the International Code Council, 4051 West
Flossmoor Road, Country Club Hills, Illinois, 60478 -5795. A copy of the 2009 International Fire
Code is on file in the office of the Town Clerk and is available for inspection during regular
business hours.
15.32.020 Additions or Modifications
The 2009 International Fire Code is amended and changed in Sections 15.32.030 through
15.32.140.
15.32.030 Section 104.6 — Official Records
Section 104.6 is amended by the deletion of 104.6.2 — Inspections, 104.6.3 — Fire Records and
104.6.4 — Administrative.
15.32.040 Section 104.11 — Authority at Fires and Other Emergencies
Section 104.11 is amended by adding the following language:
"Fire alarm panel troubles signals, maintenance signals, testing signals or as approved in writing
by the Fire Chief shall not be construed as an emergency fire condition."
15.32.050 Section 104.11.3 — Systems and Devices.
Section 104.11.3 is amended by adding the following language:
is "Fire alarm panel trouble signals, maintenance signals, testing signals or as approved by the Fire
Chief shall not be construed as an emergency fire condition."
15.32.060 Section 105.1.1 — Permits Required
Section 105.1.1 is amended to read as follows:
"105.1.1 Permits Required. Permits and inspections required by this code will be administered
by and through the Eagle River Fire Protection District. Permit fees, if any, shall be paid to the
Eagle River Fire Protection District prior to issuance of the permit. Issued permits shall be kept
on the premises designated therein at all times and shall be readily available for inspection by the
fire department or the fire code official. (For permit applications and inspections contact the
Eagle River Fire Protection District at 351 Benchmark Road, Post Office Box 7980, Avon,
Colorado, 81620. Phone: 970 - 748 - 9665)"
15.32.070 Section 105.6 — Required Operational Permits
(a) Section 105.6 is amended to delete all sub - sections except sections 105.6.2, 105.6.4, 105.6.9,
105.6.21, 105.6.30, 105.6.31, 105.6.37 and 105.6.44. and Section 105.6 is amended to read as
follows:
"105.6 Required Operational Permits. The fire code official or authorized designee is authorized
to issue operational permits or the operations set forth in Sections 105.6.2, 105.6.4, 105.6.9,
105.6.21, 105.6.30, 105.6.31, 105.6.37 and 105.6.44."
15.32.080 Section 105.7 — Required Construction Permits
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Section 105.7 is amended as follows: Delete all sub - sections except sections 105.7.1, 105.7.3
and 105.7.11. •
15.32.090 Section 108 — Board of Appeals
Section 108 is amended to read as follows:
"108.1 Board of Appeals Established. In order to hear and decide appeals of orders, decisions or
determinations made by the fire code official or designated representatives, relative to the
application and interpretation of this code, there shall be and is hereby created a board of appeals.
The board of appeals shall consist of the governing board of the Eagle River Fire Protection
District plus a representative from the Town of Avon as appointed by the Avon Town Council.
The fire code official shall be an ex officio member of said board but shall have no vote on any
matter before the board.
108.2 Procedure for appeals. An application for appeal shall be filed with the Town Clerk
within twenty days after the date of the decision of the fire code official or designated
representative. An application for appeal shall be based on a claim that the intent of this code or
the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this code
do not fully apply, or an equivalent method of protection or safety is proposed. The application
must state the specific order, decision or determination being appealed and include
documentation to support the appeal. The board shall render a decision within 30 days of receipt
of the appeal. The decision of the board shall be by resolution and copies shall be furnished to the
appellant and to the fire code official. The fire code official shall take immediate action in
accordance with the decision of the board.
108.3 Limitations on Authority. An application for appeal shall be based on a claim that the
intent of this code or the rules legally adopted thereunder has been incorrectly interpreted, the •
provisions of this code do not fully apply or an equivalent method of protection or safety is
proposed. The board shall have no authority to waive requirements of this code."
15.32.100 Section 202 — General Definitions
(a) False Alarm is amended to read as follows:
"False Alarm. The deliberate reporting of an alarm for which no such fire or emergency actually
exists."
(b) Fire Code Official is amended to read as follows:
"Fire Code Official. The Town of Avon Building Official or a duly authorized representative
charged with the administration and enforcement of the code."
(c) Fire Department is added to read as follows:
"Fire Department. The Eagle River Fire Protection District is the designated fire depart-ment in
the Town of Avon."
15.32.110 Section 308.3.1 — Open -Flame Cooking Devices
Section 308.3.1 is amended by the addition of Exception 3:
"3. Propane Cooking Devices."
15.32.120 Section 603.8.2 — Spark Arrestor
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Section 603.8.2 is amended by the addition of:
• "Chimneys used with fireplaces or heating appliances in which solid fuel is used shall be
maintained with an effective means of arresting spark."
15.32.130 Section 905.1— Standpipe Systems, General
Section 905.1, General, is amended by revising the third sentence to read as follows:
"The outside fire department connections shall be approved by the Fire Chief."
15.32.140 Section 907
— Fire Alarm and Detection Systems
Section 907, Fire Alarm and Detection Systems, is amended as follows:
(1) 907.2.1 Group A —
delete the exception.
(2) 907.2.2 Group B —
delete the exception.
(3) 907.2.4 Group F —
delete the exception.
(4) 907.2.7 Group M —
delete the exception.
15.32.250 Violation
The following clause concerning violations is set forth in full and adopted with reference to the
2003 International Fire Code named in the title of this Chapter:
"It is 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
Chapter."
is 15.32.260 Penalty
Any person violating any of the provisions of this Chapter or of the provisions of the 2003
International Fire Code named in the title of this Chapter, as adopted and modified herein, shall
be deemed to have committed a civil infraction for each and every day or portion thereof during
which any infraction 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 shall be subject to the penalties
contained in Chapter 1.09 of this Code.
15.32.270 Validity
If any section, subsection, sentence, clause or phrase of the 2003 International Fire 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 constitutionality of the remaining provisions of this Chapter. The
Town declares that it would have passed the ordinance codified in this Chapter, each section,
subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections,
subsections, sentences, clauses and phrases be declared unconstitutional.
CHAPTER 15.36
Factory -Built Housing and Manufactured Homes
15.36.010 Adoption
The Town adopts the 2009 Edition of the International Building Code and all appendix chapters
thereto. The 2009 Edition of the International Building Code was published by the International
• Ord 10 -02 Adopting 2009 IBC 2 -9 -10
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Code Council, 500 New Jersey Avenue, N.W., Sixth Floor, Washington, D.C. 20001. A copy of
the 2009 International Plumbing Code are on file in the Town Clerk's office, and are available for •
inspection during regular office hours.
15.36.020 Additions or Modifications
The 2009 International Building Code is amended and changed in Sections 15.20.030 through
15.20.100 of this Chapter.
15.36.030 Definitions
For the purposes of this Chapter, the following definitions shall have the meanings indicated:
Factory -built housing means any structure, or component thereof, designed primarily for
permanent residential occupancy, including a mobile home which is wholly or in substantial part
made, fabricated, formed or assembled in manufacturing facilities for installation, or assembly
and installation, on the building site.
Manufactured housing unit means a pre - constructed complete building unit or combination of
pre- constructed complete building units without motor power designed and commonly used for
single - family, single -unit residential occupancy by persons in either temporary or permanent
locations, which unit or units are manufactured in a factory or at a location other than the
residential site of the completed home and which unit or units are not licensed as a recreational
vehicle.
Mobile home means a structure, transportable in one (1) or more sections, which is eight (8) body
feet or more in width and is thirty -two (32) body feet or more in length and which is built on a
permanent chassis and designed to be used as a dwelling without permanent foundation when
connected to required utilities and includes the plumbing, heating, air - conditioning and electrical •
systems contained therein.
Nonresidential factory -built housing means any structure, or component thereof, designed
primarily for permanent nonresidential occupancy, including a manufactured unit which is
wholly or in substantial part made, fabricated, formed or assembled in manufacturing facilities
for installation, or assembly and installation on the building site.
15.36.040 Park Site and General Requirements
(a) Provisions of this Chapter shall not apply to a manufactured home located within the Town on
the effective date of the ordinance codified herein.
(b) Each new park or addition to an existing park shall conform to all provisions of this Chapter.
(c) Manufactured home space. Each space shall contain at least three thousand (3,000) square
feet of area for a single -wide unit, and four thousand two hundred (4,200) square feet for a
doublewide unit. The minimum space between any appurtenance or deck thereto shall be a
minimum of twelve (12) feet. The minimum space between any two (2) manufactured homes or
habitable appurtenance thereto shall be a minimum of twenty (20) feet. Each space shall provide
paved parking spaces for at least two (2) automobiles, either on the space adjacent to it or within
the park, or by any combination of these locations.
(d) Driveways and walkways. All mobile home spaces shall abut upon a driveway graded for
drainage and maintained in a rut and dust -free condition and which provides unobstructed access
to a public street or highway. The minimum unobstructed width of such driveways shall be
sixteen (16) feet. An additional eight (8) feet of width shall be constructed for each parallel
parking space adjacent thereto, or twenty -eight (28) feet for double - loaded perpendicular parking
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•
spaces. All driveways and walkways within the park shall be illuminated to ensure safety for
• park residents.
(e) Paving of parking and driving areas. All manufactured home parks shall have paving in the
parking and driving areas thereof.
(f) Maintenance of lots. All lots and stands shall be maintained in a clean and sanitary condition,
free from hazardous or noxious materials, weeds, refuse and motor vehicles having no current
license plates.
15.36.050 General Requirements — Manufactured Housing
(a) No person, firm or corporation shall place a manufactured home within the Town without first
obtaining a permit therefor from the State Division of Housing and approval for the installation
by the State Division of Housing.
(b) No person, firm or corporation shall make any alteration or addition to a manufactured home
thereto without first obtaining a permit therefor from the Building Official.
(c) All manufactured homes, including mobile homes, shall comply with the installation
requirements set forth in the Part 31, Manufactured Home Installation, Section 24 -32 -3101 et
seq., C.R.S., and any other rules and regulations adopted by the Colorado Division of Housing
governing manufactured housing.
(d) All manufactured homes must comply with either the Section 24 -32 -701, C.R.S., governing
labeling and construction compliance with state and federal standards or bear the red HUD label.
(e) All manufactured homes shall be designed with the snow load requirements as set forth in
Section 15.08.120 of this Code unless it complies with one (1) of the following:
(1) An approved snow removal maintenance program;
(2) A protective shelter built over the home, not connected to the home; or
(3) A shelter designed by a professional engineer or architect.
• 15.36.060 General Requirements — Factory -Built Units
(a) No person, firm or corporation shall place a factory -built unit within the Town without first
obtaining a permit therefore from the Building Official.
(b) No permit for a factory -built home or any alteration or addition thereto shall be issued unless
the same complies with all requirements of the building code, including electrical, plumbing and
mechanical in effect in the Town at the time.
CHAPTER 15.40
Solid -Fuel- Burning Devices
15.40.010 Adoption
The Town adopts the 2009 Edition of the International Plumbing Code and all appendix chapters
thereto. The 2009 Edition of the International Plumbing Code was published by the International
Code Council, 500 New Jersey Avenue, N.W., Sixth Floor, Washington, D.C. 20001. A copy of
the 2009 International Plumbing Code are on file in the Town Clerk's office, and are available for
inspection during regular office hours.
15.40.020 Additions or Modifications
The 2009 International Plumbing Code is amended and changed in Sections 15.20.030 through
15.20. 100 of this Chapter.
15.40.030 Purpose and Applicability
These regulations are enacted for the purpose of promoting the health, safety and general welfare
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of the residents of and visitors to the Town. These regulations are intended to protect air quality.
15.40.040 Definitions •
For the purposes of this Chapter, the following definitions shall have the meanings indicated:
New Technology Device means a solid -fuel- burning device which is certified by the EPA and
listed in the Colorado Department of Health's web page under Air pollution control division,
residential burning information.
A new technology device is; one which has EPA certification as a EPA Certified wood stove."
EPA Certified wood stove means a heating appliance that has been independently tested by an
accredited laboratory to meet a particulate emissions limit of 7.5 grams per hour for non - catalytic
wood stoves and 4.1 grams per hour for catalytic wood stoves. A list of certified wood stoves is
available on the EPA's web site.
Only New technology devices may be used as "Solid fuel burning devices" in the Town of
Avon."
Gas appliance means a fully self- contained U.L. and A.G.A. listed fireplace unit which des not
require venting through a masonry chimney, which has no damper and which does not permit the
use of solid fuel.
Solid -fuel burning devices means any fireplace, firebox or device intended and/or used for the
purpose of burning wood, pulp, paper or other non - liquid or nongaseous fuel. This definition •
specifically excludes noncommercial barbecue devices used to cook food outdoors.
Gas fireplace means a fire place either manufactured as a finished unit or a true masonry fire
place fitted with an A.G.A and/or U.L. listed gas log kit, has not damper and vents through an
approved vent.
"Exception The Building Official may approve a gas fireplace equipped with interlocked damper
and gas valve."
15.40.050 Amendment
Section 902 is amended by adding the following sub - section:
"902.4 Regulations below the elevation of Seven Thousand Eight Hundred Twenty Feet
Below the elevation of seven thousand eight hundred twenty feet, no new wood burning or solid -
fuel burning fireplaces or other such devices shall be permitted to be constructed or installed after
the ordinance codified in this chapter becomes effective.
No mobile or modular home shall be moved in place in the Town and connected to utility service
that has installed with such mobile or modular home a solid -fuel burning device.
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C
Below such elevation, new technology devices, gas appliances and gas fireplaces shall be
• permitted. Below such elevation there shall also be permitted one EPA approved wood burning
fireplace in the lobby of any hotel or lodge, provided a fee in the amount of three thousand
dollars ($3,000.00) is paid at the time of application for a building permit."
15.40.060 Gas Appliances
All gas -log fireplaces shall be constructed in such a manner that access to the firebox is
prohibited except for the purposes of repair and maintenance.
15.40.070 Coal Usage Prohibited
The burning of coal within the Town is prohibited.
Chapter 15.44
2009 International Property Maintenance Code
15.44.010 Adoption
The Town adopts the 2009 International Property Maintenance Code and all appendix chapters.
The 2009 International Property Maintenance Code is published by the International Code
Council (ICC) 4051 West Flossmoor Road, Country Club Hills, IL 60478. Copies of the 2009
International Property Maintenance Code are on file in the office of Community Development,
and are available for inspection during regular business hours.
15.44.020 Additions or Modifications
The 2009 International Property Maintenance Code is amended and changed in Sections
• 15.44.030 and 15.44.040 of this Chapter. (Ord. 99 -14 (part))
15.44.030 Section 205 — Board of Appeal
Section 111 is amended to provide as follows:
15.44.040 Violation
The following clause concerning violations is set forth in full and adopted with reference to the
2009 International Property Maintenance code named in the title of this Chapter:
"It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish,
repair, use and occupy any building or structure in the Town or cause or permit the same to be
done, contrary to or in violation of any of the provisions of the code or standards named in the
title of this chapter."
15.44.050 Penalty
Any person violating any of the provisions of this Chapter or of the provisions of the 2009
International Property Maintenance Code named in the title of this Chapter, as adopted and
modified herein, shall be deemed to have committed a civil infraction for each and every day or
portion thereof during which any infraction 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 shall be
subject to the penalties contained in Chapter 1.09 of this Code.
15.44.060 Repeal
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The repeal or the repeal and reenactment of any provision of the Code as provided in this Chapter
shall not affect 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 reenacted. The repeal of
any provision shall not revive any provision or any ordinance previously repealed or superseded
unless expressly stated in this Chapter.
15.44.070 Validity
If any section, subsection, sentence, clause or phrase of the 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 constitutionality of the remaining provisions of this Chapter. The Town declares that it would
have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase
hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses
and phrases be declared invalid.
Chapter 15.48
International Energy Conservation Code
15.40.010 Adoption
The Town adopts the 2009 Edition of the International Energy Conservation Code and all
appendix chapters thereto. The 2009 Edition of the International Energy Conservation Code was
published by the International Code Council, 500 New Jersey Avenue, N.W., Sixth Floor,
Washington, D.C. 20001. A copy of the 2009 International Plumbing Code are on file in the
Town Clerk's office, and are available for inspection during regular office hours.
15.40.020 Additions or Modifications •
The 2009 International Energy Conservation Code is amended and changed in Sections
15.20.030 through 15.20.100 of this Chapter.
15.48.030 Section 101.3 — Intent
This section is hereby amended with the addition of the following language:
"The latest editions of Rescheck and Comcheck Software, as developed by the United States
Department of Energy, may be used to demonstrate compliance with the 2009 Edition of the
International Energy Conservation Code."
15.48.040 Section 503.2.2.1— Snowmelt Boilers
This section is hereby added as follows:
"All gas fired boilers, used for snow melt shall have a minimum efficiency of ninety -two percent
(92 %) AFUE. Note: this is a big change reflecting the fact that snow melt is a large energy user
and by bring the efficiency up, a more sustainable approach to the use of snow melt will be in
place. Not in the Code. "
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•
• Section 4. Codification Amendments. The codifier of the Town's Municipal Code, Colorado
Code Publishing, is hereby authorized to make such numerical and formatting changes as may be
necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The
Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 5. Severability. If any provision of this Ordinance, or the application of such provision
to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect
other provisions or applications of this Ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this Ordinance are declared to be
severable. The Town Council hereby declares that it would have passed this Ordinance and each
provision thereof, even though any one of the provisions might be declared unconstitutional or
invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 6. Effective Date. This Ordinance shall take effect seven days after public notice
following final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
• Section 7. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 8. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
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Section 9. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by •
posting notice of adoption of this Ordinance on final reading by title in at least three public
places within the Town and posting at the office of the Town Clerk, which notice shall contain a
statement that a copy of the ordinance in full and a statement that a complete copies of the
International Building Codes adopted by reference are available for inspection for public
inspection in the office of the Town Clerk during normal business hours and which notice shall
contain .
INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED
AND REFERRED TO PUBLIC HEARING and setting such public hearing for February 23,
2010 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon,
Colorado, on February 9, 2010.
Ronald C. Wolfe, Mayor
Published by posting in at least three public places in Town and posting at the office of the Town
Clerk at least seven days prior to final action by the Town Council.
ATTEST: APPROVED AS TO FORM:
Patty McKenny, Town Clerk Eric Heil, Town Attorney •
INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on February 23, 2010.
Ronald C. Wolfe, Mayor
Published by posting by title in at least three public places in Town and posting by title at the
office of the Town Clerk.
ATTEST:
Patty McKenny, Town Clerk
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