2009 International Codes Adoption

Proposed Amendments

2009 International Building Code (IBC)
Chapter 1
Scope and Administration

The following sections are amended as follows:

Chapter 1
Scope and Administration

101.1 Title. These regulations shall be known as the Building Code of the Town of Estes Park, hereinafter referred  to as “this code.” (Required Housekeeping)

101.2 Scope. The provisions of this code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures.

            Exception 1: Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade plane in height with a separate means of egress and their accessory structures shall comply with the International Residential Code.

            Exception 2: Regardless of the occupancy classification as defined in the International Building Code, non-mixed use residential buildings designed in compliance with the scoping provisions of the International Residential code, shall be permitted to comply with the International Residential Code instead of the International Building Code. This exception does not apply in the commercial downtown (CD) zoning district. provided such buildings do not exceed two stories in height nor contain more than 15 dwelling units, nor more than19 guest rooms. (Revision to change and clarify current amendment)
101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted.

The following appendices are hereby adopted by reference and amended as follows:

APPENDIX A EMPLOYEE QUALIFICATIONS;

APPENDIX B BOARD OF APPEALS;

 APPENDIX G FLOOD-RESISTANT CONSTRUCTION;

APPENDIX H SIGNS;

APPENDIX I PATIO COVERS;

APPENDIX J GRADING;

APPENDIX K ADMINISTRATIVE PROVISIONS

(Appendices are not adopted by reference but must be specifically adopted)

 101.4.3 Plumbing.  The provisions of the International Plumbing Code, as amended and adopted by the Colorado State Examining Board of Plumbers, shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. (Language avoids necessity to revise municipal code when the State adopts new editions of the IPC.)  The provisions of the International Private Sewage Disposal Code shall apply to private sewage disposal systems.

Amend the last sentence to this leading paragraph to state the following;

The provisions of the most recent edition of the Larimer County Individual Sewage System Regulation enforced by the Larimer County Health Department shall apply to private sewage disposal systems. (Consistent with Larimer County Health Department requirements and avoids necessity to revise municipal code when Larimer County Health Department adopts new standards)

 DELETE 101.4.4

101.4.4 Property Maintenance. The provisions of the International Property Maintenance Code shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards; responsibilities of owners, operators and occupants; and occupancy of existing premises and structures. (The IPMC will be adopted by reference unless this section is deleted)

 DELETE 101.4.5  

101.4.5 Fire Prevention. The provisions of the International Fire Code shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression and alarm systems or fire hazards in the structure or on the premises from occupancy or operation.  (The IFC will be adopted by reference unless this section is deleted)
OR

101.4.5 Fire Prevention

The provisions of the International Fire Code adopted and enforced by the applicable Fire District shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction , extension, repair, alteration or removal of fire suppression and alarm systems or fire hazards in the structure or on the premises from occupancy or operation.

101.4.7 Electrical. The provisions of the National Electrical Code, as amended and adopted by the State of Colorado State Electrical Board shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. (Language avoids necessity to revise the municipal code when the State adopts new editions of the NEC.)

 101.4.8 Existing buildings. The provisions of the International Existing Building Code shall apply to the repair, alteration, change of occupancy, addition and relocation of existing buildings. (For existing structures, the IEBC provides more flexibility and clarity than the IBC.)

102.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in any specific case, different sections of this code, other local, state, or federal codes specify different materials, methods of construction or other requirements, the most restrictive shall govern. (Consistent with 102.2 and current amendment)

102.4 Referenced codes and standards.

The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply.

Exception: Approved proprietary products shall be considered in compliance with the provisions of this code when they are installed per the manufacturers’ specifications.

(Consistent with current policy)

102.6 Existing structures.

The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the International Property Maintenance Code or the International Fire Code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public. (The IPC and IFC will be adopted for existing structures unless this reference is specifically deleted)

103.1 Creation of enforcement agency. The Department of Building Safety is hereby created and the official in charge thereof shall be known as the Chief Building Official. (Consistent with current amendment and Larimer County)

103.2Appointment. The building official shall be appointed by the chief appointing authority of the jurisdiction. Director of Community Development. (Consistent with current amendment and Town policy)

103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the building official shall have the authority to appoint a deputy building official, the related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the building official. For the maintenance of existing properties, see the International Property Maintenance Code. (The IPMC will be adopted for existing properties unless this reference is specifically deleted)

105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of the building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.

Exception 1: The Colorado State Electrical Board shall regulate permits for electrical systems.

Exception 2: The Colorado Division of Fire Safety shall regulate permits for automatic sprinkler systems.

(The Town defers regulation of electrical systems and sprinkler systems to the State)

105.1.1 Annual property permit. (Qualifies type of permit)

In lieu of an individual permit for each alteration to an already approved electrical, gas, mechanical or plumbing installation, the building official is authorized to issue an annual permit upon application therefor to any person, firm or corporation regularly employing one or more qualified tradepersons in the building, structure or on the premises owned or operated by the applicant for the permit.

105.1.2 Annual permit records. The person to whom an annual permit is used shall keep a detailed record of alterations made under such annual permit. The building official shall have acess to such records at all times or such records shall be filed with the building official as designated. Inspections shall be required as is required for individual permits. (Required for detailed record-keeping)

105.1.3 Annual contractor permit.

For alterations and/or repairs to already approved gas, mechanical or plumbing installations, the building official is authorized to issue an annual permit to any approved contractor regularly employing one or more qualified trade persons. Annual permits shall not include the addition and/or vacating of plumbing fixtures or fuel fired appliances. Permit applications, fee, and inspections shall be required for individual projects. However, contractors with annual permits shall be permitted to begin work prior to the issuance of an individual permit, after the contractor has filed an appropriate permit application with the Department of Building Safety.

(Streamline the permitting process for qualified contractors)

105.2 Work exempt from permit

Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:

            Building…

2. Fences not over 6 feet (1829 mm) high from original grade.

105.3 Application for permit. To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the department of building safety for that purpose. Such application shall:

1. Identify and describe the work to be covered by the permit for which application is made.

2.  Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work. 

3. Indicate the use and occupancy for which the proposed work is intended.

4. Be accompanied by construction documents and other information as required in Section 107.

5. State the valuation of the proposed work.

6. Be signed by the applicant, or the applicant’s authorized agent. Applicants for permits shall possess the appropriate licensing from the state or contractor certification from the ICC. (Costly mistakes and confrontational experiences can be reduced and or avoided by requiring proper supervision of construction projects by qualified personnel)

7. Give such other data and information as required by the building official.

105.5 Expiration.

Every permit issued shall 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 or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.

This subsection is amended to read:

Every permit issued by the building official under the provisions of this code shall expire 18 months after the date of issue. Every permit shall also become null and void if the building or work authorized by such permit is not commenced within 180 days from the date of issue of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days, or if the person or entity to whom the permit is issued fails to request a first inspection within 180 days of the date of such permit. Before such work can be recommenced, a new permit shall be first obtained to do so. The fee for such new permit shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work and provided further that such suspension or abandonment has not exceeded one year. Changes in the plans and specifications shall require an additional permit fee and plan review fee as described in Section 109. Any nullified permit where the suspension or abandonment has exceeded one year will require the permittee to pay a new building permit fee based on the current project valuation. Any person/permittee holding an unexpired and valid permit may apply for an extension of time to commence work, return to work, or complete work under that permit by submitting a written request describing good and satisfactory reasons for such extensions. This request must be received prior to the date on which the original permit expires or becomes null and void. The building official shall determine whether the reasons for such extension are sufficient to approve the extension and the length of extension. An extended permit is valid for up to 18 months from date of the extension, does not require compliance with codes adopted since the original permit was issued, and does not require payment of new fees. The building official may approve further modification to the three year expiration date due to hardship, such as, death, serious health problems, foreclosure, bankruptcy, or involuntary property transfer imposed by law. The permittee shall submit a letter documenting the hardship and provide a definitive time when the structure will be completed. (Consistent with current amendment and with Larimer County)

105.7 Placement of permit.

The entire building permit or copy package shall be kept on the site of the work until the completion of the project. The permit package shall be kept in an approved red, weather-tight container. The approved container shall be visible from the primary access to the property. (Time management tool)

105.8 Transfer of permits. A current valid building permit may be transferred from one party to another upon written application to the building official. When any changes are made to the original plans and specifications that substantially differ from the plans submitted with the permit, as determined by the building official, a new plan review fee shall be paid as calculated in accordance with Section 109. No change will be made in the expiration date of the original permit. (Consistent with current amendment and previous Larimer County amendment)

106.1 Live loads posted. Where the live loads for which each floor or portion thereof of a commercial or industrial building is or has been designed to exceed 50 psf (2.40 kN/m²), such design live loads shall be conspicuously posted by the owner in that part of each story in which they apply, using durable signs. It shall be unlawful to remove or deface such notices.

Signs shall be minimum 8.5” x 11” with minimum font size 2 inches high. Lettering shall contrast with the sign background. (Housekeeping)

107.2.3 Means of egress. The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress in compliance with the provisions of this code. In other than occupancies in Groups R-2, R-3, and I-1, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces. Buildings and structures classified as Occupancy Category IV in Table 1604.5, or when required by the building official, a separate sheet(s) clearly detailing the life safety plan(s) is required. Non-related information is prohibited from being on the life safety plan(s); and, the life safety plan(s) shall include sufficient detail to determine compliance with this code. (Time management tool)

107.6 Expiration of plan review.

Applications for which no permit is issued within one hundred and eighty (180) days following the date of application shall expire by limitation and plans submitted for review may thereafter be returned to the applicant or destroyed by the building official. The building official may extend the time for action by the applicant for a period not exceeding ninety (180) days upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. (Consistent with other code sections)

108.1 General. The building official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. more than is approved by the Estes Valley Development Code and the Estes Park Municipal Code. The building official is authorized to grant extensions for demonstrated cause. (Consistent with the EVDC and EPMC)

108.3 Temporary power.

The building official and/or the Colorado State Electrical Board is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion has been issued. The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or power in NFPA 70 the adopted National Electrical Code. (Housekeeping)

This subsection is amended to read:

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 fee schedule as established by the applicable governing authority Table 1-A Building Permit Fees. (There are no fee schedules in the International Building Code. This is the current fee schedule, which has been adopted since September, 1998.)

109.3 Building permit valuations. The applicant for a permit shall provide an estimated permit value at time of application. Permit valuations shall include total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems. If, in the opinion of the building official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the building official. Final building permit valuation shall be set by the building official. department policy. (The fee schedule in Table 1-A uses project valuations to determine permit fees. To ensure consistency and equity there needs to be clearly established policies to establish project valuations and permit fees.)

109.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee established by the building official that shall be in addition to the required permit fees. an additional fee equal to the permit fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The minimum investigation fee shall be the same as the minimum fee set forth in Table 1-A. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.

Exception: When contractors requiring a town license are involved in work commenced prior to obtaining required permits, an investigation fee equal to three times the permit fee shall be assessed.

(Consistent with and clarifies current amendment. Issues related to assessing fees should be clearly established, to remove subjectivity and ensure consistency and equity.)

 109.6 Refunds. The building official is authorized to establish a refund policy. The building official shall authorize refunding of any fee paid hereunder which was erroneously paid or collected. The building official may authorize refunding of not more than 80 percent (80%) of the permit fee paid when no work has been done under a permit issued in accordance with this code. The building official may authorize refunding of not more than 80 percent (80%) of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or cancelled before any plan reviewing is done. The building official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of fee payment. (Current amendment)

This subsection is added to read:

109.7 Re-inspections. A re-inspection fee may be assessed for each inspection or re-inspection when such portion of work for which inspection is called for is not complete or when corrections called for are not made. This section is not to be interpreted as requiring re-inspection fees the first time a job is rejected for failure to comply with the requirements of this Code, but as controlling the practice of calling inspections before the job is ready for such inspection or re-inspection. Re-inspection fees may be assessed when the inspection record card is not posted or otherwise available on the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, for deviating from plans approved by the building official, or for failure to post a readily visible address. To obtain a re-inspection, the applicant shall pay the re-inspection fee in accordance with the Table 1-B, Fee Schedule. In instances where re-inspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid. (Current amendment)

110.3.3 Lowest floor elevation. In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the elevation certification required in Section 1612.5 shall be submitted to the building official.

Exception: Foundation walls may be placed prior to placing floors below the top of the foundation walls, provided an elevation certificate is provided and approved prior to placement of the foundation walls.

(This provision is required to address crawl spaces)

110.3.5 Lath and gypsum board inspection.  Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or gypsum board joints and fasteners are taped and finished.

Exception: Gypsum board that is not part of a fire-resistance rated assembly or a shear assembly.

(Consistent with current amendment and addresses local concerns)

111.2 Certificate issued. After the building official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the department of building safety, the building official shall issue a certificate of occupancy…

Amend section 111.2 by adding an Exception:

            EXCEPTION: Additions, remodels, shell buildings, group U occupancies and miscellaneous permits shall not receive certificates of occupancy; a letter of completion will be given upon request. (Current policy and partially consistent with Larimer County)

111.3 Temporary Certificate of Occupancy.

The following sentence has been added to read as follows.

There will be a fee for Temporary Certificates of Occupancy as set forth in Table 1-B, Fee Schedule. (Current amendment and consistent with Larimer County)

The following subsection is hereby added to read as follows:

113.4 Administration. Persons desiring to appeal a decision of the building official to the Board of Appeals shall at the time of making such appeal, pay to the Community Development Department a docket fee as specified in Table 1-B, Fee Schedule.

Written notice of hearing shall be given to all parties concerned at least fourteen (14) days prior to the hearing or by mailing the same to such parties’ last known address by regular mail. The Board shall, from time to time, adopt such additional rules and regulations as it deems necessary and advisable for the conduct of its hearings and for carrying out the provisions hereof. The building official shall take immediate action in accordance with the decision of the board. All meetings or hearings shall be open to the public. (Current amendment and consistent with Larimer County)

116.5 Restoration. The structure or equipment determined to be unsafe by the building official is permitted to be restored to a safe condition. To the extent that repairs, alterations or additions are made or a change of occupancy occurs during the restoration of the structure, such repairs, alterations, additions or change of occupancy shall comply with the requirements of Section 105.2.2 and Chapter 34 or the International Existing Building Code. (The IEBC provides more flexibility than the IBC)

                                  Table 1-A – Building Permit Fees

                                                   Table 1-B Fee Schedule

                                                   Table 1607.1

Table 1608.2 Ground Snow Loads

 The minimum snow load designs design ground snow load shall be:

1609.3 Basic Wind Speed. Add the following to this section:

The Minimum Design Wind Speed shall be 100 140 mph (3-second Gust), Exposure C in rural areas and Exposure B in on site urban areas. The project Engineer may designate exposure specific conditions. Licensed Design Professionals may propose alternate exposures based on site specific conditions.

The required Wind Design Speed for any given project area shall comply with the Colorado Front Range Basic Wind Speeds Study Gust Map.

In areas of high wind and high altitudes, such as the foothills and mountains, the The effect of altitude on air density correction factor may be used.