HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/16/2008 - POSTPONEMENT OF ITEMS RELATING TO THE ADOPTION OF ITEM NUMBER: 13 A-B
AGENDA ITEM SUMMARY DATE: September 16, 2008
FORT COLLINS CITY COUNCIL STAFF: Felix Lee
Mike Gebo
Teresa Ablao
SUBJECT
Postponement of Items Relating to the Adoption of the 2006International Property Maintenance
Code(IPMQ9 with Local Amendments That Update the City Code Regulating Corrective Measures
Relating to Existing Building Conditions and Rental Housing Standards to October 7, 2008.
RECOMMENDATION
Staff recommends postponement of these Ordinances on First Reading.
EXECUTIVE SUMMARY
A. Hearing and First Reading of Ordinance No. 108, 2008, Amending Chapter 5, Article II,
Division 3, of the City Code for the Purpose of Adopting the 2006International Property
Maintenance Code (IPMQ0, with Amendments
B. First Reading of Ordinance No. 109, 2008, Amending Chapter 5, Article VI,Division 2,of
the City Code Relating to Supplemental Rental Housing Provisions.
These Ordinances address physical deterioration, health and safety conditions that affect the well-
being of neighborhoods,buildings,and residents of Fort Collins. Together,the proposed regulatory
tools will enhance the City's ability to provide the community with improved preventative measures.
Staff is requesting postponement of this item until October 7, 2008 to allow sufficient time for the
public to review the ordinances and supporting documents.
ATTACHMENTS
1. FINAL DRAFT-First Reading Agenda Item Summary(October 7,2008),attachments and
Ordinances.
IIEMi&UM
AG E N D IA 1 1dIA o ber 7, Zoos
FORT COLLINS CITY COUNCIL STAFF: Felix Lee
Mike Gebo
Teresa Ablao
SUBJECT
Items Relating to the Adoption of the 2006 International Property Maintenance Code (IPMQ(&
with Local Amendments Relating to Existing Building Conditions and Rental Housing Standards.
RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading.
FINANCIAL IMPA( IA a Ak r
Costs to the City to enforce the codes are anticipated to be covered by the current operating budget
for the Neighborhood and Building Services Department(NBS).
Property owners will have expenses related to correcting violations and complying with the
codes/standards.
EXECUTIVE SUMMARY
A. Hearing and First Reading of Ordinance No. 108, 2008, Amending Chapter 5, Article II,
Division 3, of the City Code for the Purpose of Adopting the 2006 International Property
Maintenance Code (IPMQ9, with Amendments
B. First Reading of Ordinance No. 109, 2008, Amending Chapter 5, Article Vi, Division 2, of
the City Code Relating to Su plemental Rental Housing Provisions.
These Ordinances r h c _ e r ion - f -1con tions that affect the
well-being of neighborhoods, buildings, and residents of Fort Collins. Together, the proposed
regulatory tools will enhance the City's ability to provide the community with improved
preventative measures.
BACKGROUND
Discussions emerged in 2005 among concerned citizens, community interest groups and City
Council members about the physical condition of buildings,rental standards,and exterior premises
nuisance codes. Revisions to occupancy limits and other neighborhood quality-of-life code changes
October 7, 2008 y -2 - Item No.
111L ._.a I._z7 1 s$, .
precipitated the discussions. Concerns have been directed at physically neglected properties and
rental housing impacts that may contribute to the deterioration of neighborhoods. Property
maintenance conditions and related complaints that are not addressed by existing code provisions
were the focus.
Current Obsolete Codes
The current adopted model code (1976 Uniform Code for the Abatement of Dangerous Buildings)
that addresses dangerous buildings is obsolete. The current Rental Housing Standards of 1982 are
inadequate to address today's rental housing needs.
Solution
Staff proposes to adopt the IPMC with local amendments as a tool to replace the City's obsolete
codes relating to existing building conditions and rental housing. The City has already adopted the
International Code series for new construction. The IPMC is one of the International Codes that
applies corrective measures to existing substandard buildings and premises. Neighboring Front
Range and metro i c s clay, v n ° on I l�nn, Wheat Ridge,
Arvada and Comm c a a o ed e end nts pertinent to their
needs.
Public Outreach
Staff engaged in extensive public outreach seeking recommendations and input for the proposed
IPMC with local amendments and Supplemental Rental Housing Provisions. This outreach
included:
• City boards and commissions;
• the real estate and rental industry;
• neighborhood groups and individual citizens; and,
• City Council Work Sessions - September 2006, August 2007, and March 2008.
Staff presented and discussed at length the proposed 2006International Property Maintenance Code
(IPMC)with local amendments on April 24, 2008 ,June 26,2008 , July 9, 2008, July 31, 2008 and
August 28, 2008 with the Building Review Board (the appellate board for building code related
matters). At thesejvet Bard- :ebe ovWconce for the ro osed
r� P PIPMC. On Augus 2 B sc ee ntalRental Housing
Provisions specif ly d r ocBoard of Realtors
representatives,Eric Kronwall and Michelle Jacobs,attended the August 28,2008 Building Review
Board meetings and offered their recommendation and input.
Direction from Council
(See March 11, 2008 Work Session Summary -Attachment 1)
Below are Council's recent direction and/or questions. Staff responses are in italics.
1. Clarify vacant versus abandoned and "Vacant Building Notification"process (the Vacant
October 7, 2008 y - - • 4 Item No.
Building Notification process has been deleted per staff, Building Review Board and Board
of Realtor recommendations. The definition of"abandoned"is included in the Ordinance.
2. Severe weathering of exterior building/structure surfaces(walls,etc.)because of deteriorated
protective coating(paint)and severely damaged roofing allowing water into the building are
covered by this proposed Code and should be eliminated from the proposed Exterior
Nuisance Codes (Has been eliminated from the Exterior Nuisance Codes.)
3. Clarify how the treatment of stagnant water on private property under the new proposed code
provision compares to how similar conditions on City property are addressed. The City
treats stagnant water on City property and mitigates it either mechanically or chemically.
With West Nile a concern, city staff is extremely active in the maintenance program to
eliminate or reduce any standing water on City facilities. In addition, most of the Storm
Water sites that have standing water by design (wetlands) are monitored by Colorado
Mosquito Control (CMC).
4. Staff, including the City Attorney's Office, is to further develop the process to address
existing"n r " ou n i is d t n or evidence can
be pro dec taf s i tl �r 1 read r n nc o. 109, 2008).
STAFF RECOMMENDATION
Staff has incorporated Council direction and input from public outreach and recommends adoption
of the 2006 International Property Maintenance Code (IPMC)®with local amendments, referred
to as the IPMC, which applies to all existing buildings EXCEPT owner-occupied single family
dwellings with no rooms for rent and which are NOT"dangerous,""unfit to occupy"or"unlawful."
Staff recommends adoption of the proposed 2006IPMC with local amendments to protect,promote
and enhance the physical and economic health, safety,welfare and sustainability of the community
with respect to existing buildings, equipment and premises that are determined to be one or more
of the following:
• Substandard Structures or equipment: A substandard structure is one that may pose a
risk to the life, health or safety of the occupants or the public, even though it does not
presently constitute a danger.
• Unfit for u anc cturU,,, ,c,,,
whenever thecode
official fin a i isr it lacks qi �k, rmin or rat infested,
containsf an n a lac sanitary or heating
facilities.
• Dangerous Structures: A structure or premises is dangerous when it is no longer
structurally sound or poses an imminent threat to the health and safety of the public or the
occupants.
• Unlawful Structures: An unlawful structure is one that is occupied by more persons than
permitted by law or which was erected, altered or occupied without approval.
The penalties for not correcting these violations range from civil infractions to criminal
misdemeanors. Every violation requires notification and a reasonable time period for the property
owner to make necessary corrections.
October 7, 2008 -� ;., Item No.
i 1.
The proposed IPMC as amended also replaces and updates the current"Rental Housing Habitability
Standards" adopted in 1982 that prescribe minimum requirements for basic living conditions in
rental housing, such as: shelter, safe exits, heating, sanitary bathroom facilities, lighting and
ventilation.
New habitability provisions for rental housing under the IPMC with local amendments include:
• Insect Screens: From April 1 to November 1,windows or openings required for ventilation
will need to be supplied with screens for insect control and the prevention of West Nile and
other insect borne diseases upon signing of the lease/rental agreement.
• Heating: Increases minimum indoor heating capacity from 60 degrees F to 65 degrees F
except when outdoor temperature is below 4 degrees F the indoor temperature is whatever
the system is able to maintain.
• Egress Windows: Enlarges and lowers emergency escape/rescue openings in below-grade
sleeping rooms.
• Security Door Locks: Doors providing access to a dwelling unit will need to be equipped
with a deadbolt lock designed to be readily opened from the inside.
• Security o er a win a m fg ove ground must be
equipped a o s cde e
• Smoke Alarms: Smoke alarms are required for all rental housing.
• Carbon Monoxide Alarms: Carbon Monoxide alarms are required for rental housing with
fuel-burning appliances or an attached garage.
Are we too regulatory or restrictive?
Staff believes the proposed revisions are neither excessive in number of local amendments nor
over-regulatory in substance. The majority of local amendments are for administrative
purposes integrating the IPMC into the City Code. Many proposed local amendments delete
or substitute less restrictive requirements than the model IPMC. (See Attachment 3 for
deletions from the model IPMC)
Ordinance No. 109, 2008, Supplemental Rental Housing Provisions:
Staff recommends amending Chapter 5, Article VI, Division 2 (Rental Housing Standards) of the
City Code relating to Supplemental Rental Housing Provisions to eliminate duplicate provisions now
included in the IP ov} 'on�pply t a kthAiot' g, cl single and multi-
family dwellings, u t o s �nd hot d
Staff recommends adoption of the proposed revisions to:
• Provide better clarity.
• Enhance health and safety of residents.
• Improve consistency and equity in the administration of regulations.
• Create a link to the IPMC for rental housing conditions, inspection and responsibility.
I
October 7, 2008 -5 ® Item No.
ir
• Establish an approval process for "non-recorded" rental housing/rooming units by
establishing the date of creation or conversion of the additional housing unit for the purposes
of calculating correct and appropriate fees. Owners of dwellings, within multi-family
buildings without a Certificate of Occupancy (CO), will be required to provide historical
data in order to establish the date of creation or conversion. The owner will be required to
pay development fees based upon clear historic records of conversion or when the unit was
first used as a rental. If the owner is unable to provide evidence, then the owner will be
required to pay the fees in effect at the time of the issuance of the (CO).
• Clarify the appeals process to be consistent with the Zoning Board of Appeals and the
Planning and Zoning Board; and to identify who is eligible to appeal and for notification of
adjacent property owners.
These standards supplement the provisions contained in the proposed 2006 IPMC with local
amendments and are necessary to protect the public health, safety and welfare of the residents of
Fort Collins. The revisions apply to ALL rental housing, including single and multi-family
dwellings, hotels and rooming houses.
The penalties rangg�t or�cii n L ri .As i en g on the severity of
,,vi A
the violation. Notice must be given to the property owner allowing a reasonable amount of time to
correct the violation(depending on the severity of the violation.)
PUBLIC MEETINGS, BOARDS and COMMISSIONS
Extensive public outreach has occurred over the past two years, including:
Public meetings, presentations and outreach
• Open Public Meetings—January 25, 2007; February 1, 2007; July 24, 2007
• Small stakeholder meetings—March—May 2007
• Newspaper columns and newsletter articles—2007 and 2008
• North Fort Collins Business Association presentation— September 26, 2007
• Affordable Housing Coalition presentation—October 17, 2007
• Associated Students of Colorado State University—October 31, 2007; May 8, 2008
• International Building Code Review Committee—November 8, 2007
• Fort Colli. R lto — uary 0 d J u and attendance at
Building R to e g gust 0
• Colorado art a esrent
• Center for Public Deliberation Capstone discussion—April 21, 2008
Boards and Commissions (see attachment 4 for Board minutes and recommendations)
• Planning and Zoning Board Work Session—July 13, 2007
• Affordable Housing Board— September 6, 2007 and June 5, 2008
• Building Review Board—July 26,2007;April 24,2008;June 26,2008;July 9,2008(special
work session); July 31, 2008; August 28, 2008
October 7, 2008 , - ; -q Item No.
. - i"'AAL S _ �
Feedback varied significantly with opinions on both sides of the issues. There is a general concern
for the potential financial hardship new codes can place on low-income residents.
TIMELINE
The 2006 IPMC with local amendments and Supplemental Rental Housing Provisions will be
implemented upon adoption.
BACKGROUND
1. Work Session Summary—March 11, 2008
2. Significant Changes Summary Table
3. IPMC Deletions List
4. Board and Commission Minutes
5. PowerPoint Presentation
f
Neighborhood&Building services
281 N.College Avenue
PO Box 580
Fort Collins,CO 80521
Citv of Fort Collins 970.221.6760
970,224.6134 fax
fcgov.com
Mayor& City Council Members ATTACHMENT 1
Thru: Darin Atteberry, City Manager
Diane Jones, Deputy City Manager
Jeff Scheick, Planning, Development& Transportation Director
From: Felix Lee, Neighborhood & Building Services Director
Date: March 13, 2008
Re: March 11, 2008 Council Work Session—Property Conditions Code & Rental
Housing Standards
Jeff Scheick, Felix Lee, and Teresa Ablao presented various options for Council consideration
regarding "Property Conditions Code" and"Rental Housing Standards". Derf Green, Housing
Inspector, was also present to assist with questions. Council Members present: Mayor
Hutchinson, Kelly Ohlson, David Roy, Lisa Poppaw, Diggs Brown, and Wade Troxell.
Proposed Revisions to "Property Condition Code"&Rental Housing Standards
1. Clarify vacant v. abandoned—clarify proposed"Vacant Building Notification"process.
2. Dilapidated fences that are hazardous are covered by this proposed code and should be
eliminated from the proposed "Exterior Property Maintenance Code" (XPMC).
3. Severe weathering of exterior surfaces (walls, etc.) because of deteriorated protective
coating (paint) and severely damaged roofing allowing water into the building are
covered by the proposed code, so should be deleted from the "Exterior Property
Maintenance Code".
4. Dilapidated gutters that pose risk of injury by detachment are covered in the proposed
"Property Condition Code" and should be deleted from the proposed XPMC standards.
5. Investigate the duty of adjacent property owners to maintain public sidewalks (which is
not addressed in the proposed codes).
6. Clarify how the treatment of stagnant water on private property under the new proposed
code provision compares to how similar conditions on City property are addressed.
7. If the decisions regarding property condition are not intended to go to Council on appeal,
do we need to amend Chapter 2 of the Code because all decisions of the BRB are
appealable to the Council?
8. Review proposed 800-ft. rule for affected property owners (APO) eligible to appeal
Building Official's actions to Building Review Board—so that it is consistent with
Zoning Board of Appeals and Planning& Zoning Board.
9. Staff including the CA's Office will further develop process to address existing "non-
recorded" housing/rooming units for which no documentation or evidence can be
provided establishing their lawful creation.
1
Neighborhood&Building Services
281 N. College Avenue
PO Box 580
Fort Collins,CO 80521
City of Port Collins 970.22
970.224.6.613434 fax
fcgov com
Page 2
Proposed"Exterior Property Maintenance Code" (XPMC)
1. Deal only with"dirt" or"dead" yards only—add to current Nuisance section of the City
Code that deals with weeds, rubbish, etc.
2. Develop the concept of the City as an "enabler", not program manager,to refer and
connect interested income-qualifying owner-residents with available public and private
resources to address aesthetic and nuisance conditions and to determine eligibility for
what kinds of repairs, subject to what conditions, etc.
3. CA's Office and other staff is to explore including fences that are dilapidated or of
inappropriate materials, e.g., plastic sheeting, metal roofing/building panels,
plywood/OSB sheathing, scraps, etc.
2
ATTACHMENT 2
Significant Changes IPMC to Current Codes
Item A.
Amending Chapter 5 , Article II, Division 3 "Dangerous Buildings"
Amending Chapter 5 , Article VI, Division 2 , "Rental Housing Standards"
Significant Chances in Current Code Current Code Change Source
Proposed Code
1976 Uniform Code for Rental Housing Standards . IPMC national model standard
2006 International Property Dangerous or,Staff , and /or BRB
Maintenance Code (IPMC) as Buildings(UCADB) proposes to be included
amended
Scope .
Except as specifically noted, Applicable to all buildings, Applicable to all rental IPMC applies to all existing
applicable to all existing residential only when declared housing only. residential and non-residential,
and non-residential buildings & "dangerous" buildings & premises .
premises, determined to be one or IPMC includes : "Unsafe
more of the following: structures or equipment",
"Substandard", "Unfit to Occupy", "Unfit for human occupancy"
"Dangerous", or "Unlawful". and "Unlawful"
Staff proposes "Substandard
conditions" address structures
or equipment that need repair
but are not yet considered
"dangerous" . Council directed
staff to provide degrees of
hazard, "substandard" is the
least severe condition.
1
Significant Changes in Current Code Current Code Change Source
Proposed Code
Dangerous Buildings : Rental Housing : IPMC national model
2006 International Property (UCADB) standard, Staff and/or
Maintenance Code (IPMC) as Building Review Board
amended proposes to be included
Emergency Measures BO can only order repairs and BO can only order repairs and
The Building Official (BO) can is unable to initiate remedial is unable to initiate remedial IPMC
declare and act upon Imminent action until owner notified, action, until owner notified,
Dangers by immediately initiating except in the "case of an unless declared dangerous or
installation of temporary safeguards, emergency for the preservation in the "case of an emergency
closing of streets, emergency repairs, ofpublic health and safety" for the preservation of public
and disconnection of utilities . (Sec . 20-3 City Code) . health and safety" (Sec. 20-3
City Code) .
Interior or Exterior Substandard
conditions : UCADB Contains a list of The Rental Housing Standards IPMC distinguishes between
(First degree of hazard) conditions , applicable to all contain a list of conditions, interior & exterior components
Lists example conditions that if not buildings , that "endanger the applicable to all rental
repaired may become "dangerous", life, health, property. or safety housing that "endanger the Staff proposes to eliminate
e.g. , foundation or walls displaced or of the public or occupants. " life, limb, health, property. or term,"Unsafe" and added
deteriorated but not yet "dangerous". safety or welfare of the public term,"Substandard"
or occupants . " conditions" to establish the
Not applicable to owner/occupied least degree of hazard.
single family detached dwellings Substandard conditions need
without rooms to rent, repair but are not yet
considered, "dangerous", unfit
to occupy", or "unlawful" .
BRB recommends owner-
occupied be exempted.
2
Significant Changes in Current Code Current Code Change Source
Proposed Code
Dangerous Buildings : Rental Housing : IPMC national model
2006 International Property (UCADB) standard, Staff and/or
Maintenance Code (IPMC) as Building Review Board
amended proposes to be included
Unfit to Occupy•
(Second degree of hazard) UCADB Contains a list of The Rental Housing Standards
Structures that are unfit for human conditions , applicable to all contain a list of conditions, IPMC
occupancy because of disrepair, lack buildings, that "endanger the applicable to all rental
required sanitation, heating, life, health, property. or safety housing that "endanger the
ventilation, exiting facilities, or of the public or occupants. " life, limb, health, property. or
otherwise constitutes hazard. safety or welfare of the public
Generally addresses concerns that or occupants . "
relate to the health of the occupants .
Unlawful Structure :
(Third degree of hazard) UCADB addresses this Rental Housing Standards IPMC
Structures which are over-occupied or concern in generic terms and addresses this concern in Unlawful would apply to any
erected or altered contrary to law. only if the conditions endanger generic terms and only if the buildings even if do not
the life, health, property, or conditions endanger the life, endanger the life, limb, health,
safety of the public or limb, health, property. or property. or safety or welfare
occupants .", safety or welfare of the public of the public or occupants . "
or occupants . "
3
Significant Changes in Current Code Current Code Change Source
Proposed Code
2006 International Property Dangerous Buildings : Rental Housing : IPMC national model standard
Maintenance Code (IPMC) as (UCADB) or,Staff and/or BRB proposes
amended to be included
Dangerous Structures :
(Fourth degree of hazard) UCADB Contains a list of The Rental Housing Standards IPMC separates conditions
Conditions that constitute an conditions , applicable to all contain a list of conditions, into degrees of hazard.
imminent hazard to the occupants or buildings , that "endanger the applicable to all rental "Dangerous" is the highest
the public . life, health, property. or safety housing that "endanger the degree of hazard and
of the public or occupants . " life, limb, health, property. or represents an imminent hazard
safety or welfare of the public to the occupants of the public .
or occupants . "
Exterior property :
Prohibits abandoned excavations and Not specifically addressed Addressed in generic terms Staff proposes to prevent
open foundations or pits deeper than only when the opening has "abandoned" unprotected open
24 inches from surrounding ground, become an "attractive pits or excavations from
to be left without infilling or provided nuisance" becoming a hazard or an
with an approved barrier. attractive nuisance .
Abandoned/exposed excavations or
foundations are those without active
building permits .
4
Significant Changes Proposed Code: Current Code: Current Code: Change Source
2006 International Property Dangerous Buildings : Rental Housing : IPMC National Standard or,
Maintenance Code (IPMC) as (UCADB) Staff and/or BRB proposes to
amended be included
Grading and Drainage :
Prohibits the accumulation of Not specifically addressed Not specifically addressed IPMC
stagnant water on property, except in
approved detention areas and
reservoirs .
Vacant Buildings & Structures :
When vacant and unfit for human Not addressed unless structure Not specifically addressed IPMC
habitation and occupancy but not in has become "dangerous"
danger of structural failure may be
posted as unfit to occupy and must be
secured from unlawful entry.
5
Significant Changes Proposed Code: Current Code: Current Code: Change Source
2006 International Property Dangerous Buildings : Rental Housing : IPMC National Standard or,
Maintenance Code (IPMC) as (UCADB) Staff and/or BRB proposes to
amended be included
Exterior Structure :
Requires insect screens on windows Not addressed Not addressed IPMC
and doors used for ventilation and in
all food preparation areas, from April Staff with input from BRB
1st to Nov 1 st. proposes to exclude
Applicable only to Rental Housing owner/occupied single family
and all food preparation areas. dwellings w/out rooms to rent.
Security Locks :
Requires locks on doors and windows Not addressed Not addressed IPMC
to habitable rooms when accessible Staff with input from BRB
from within 6 feet of ground. proposes to exclude
owner/occupied single family
Applicable only to Rental Housing dwellings w/out rooms to rent.
Exterior pools :
Requires protective cover and/or Not addressed Not specifically addressed IPMC
barrier around private pools, spas, hot unless deemed to be an
tubs containing water more than 24 attractive nuisance .
inches and intended for bathing.
Ventilation : Addressed only when lack of Addressed in general terms as
Requires that bathrooms be provided air is considered "dangerous" a lack of ventilation. IPMC
with openable windows or
mechanical exhaust fans to reduce
moisture and deter mold pathogens .
6
Significant Changes Proposed Code: Current Code: Current Code: Change Source
2006 International Property Dangerous Buildings : Rental Housing : IPMC National Standard or,
Maintenance Code (IPMC) as (UCADB) Staff and/or BRB proposes to
amended be included
Mechanical:
Requires heating systems be capable Not addressed Heating facilities shall be IPMC applies to all housing
of providing 651 from September 15th capable of heating to 60 and occupied commercial
to May 151h .When outdoor temp , degrees, min. buildings .
outdoors is less than 4 degrees, the
heating system is required to work a Change: increases the Staff proposes applying to
full capacity, regardless of the minimum heating capability only rental housing, increasing
achieved indoor temp . from an indoor temperature of minimum heating capability
60 degrees to 65 degrees from an indoor temperature of
Applicable only to Rental Housing 60 degrees to 65 degrees .
BRB recommends retaining
current standard.
Carbon Monoxide (CO) Alarms :
Requires carbon monoxide alarm in Not addressed Not addressed Staff proposes that occupants
dwellings with natural gas appliances be provided an early warning
and/or when attached to a garage . of CO in rental housing with.
natural gas heating & cooking
Applicable only to Rental Housing equipment or attached garage.
7
Significant Changes Proposed Code: Current Code: Current Code: Change Source
2006 International Property Dangerous Buildings : Rental Housing : IPMC National Standard or,
Maintenance Code (IPMC) as (UCADB) Staff and/or BRB proposes to
amended be included
Bedroom Escape/Rescue :
Requires basement bedroom Not addressed Allows a basement window to IPMC requires the emergency
emergency escape/rescue windows be be provided with a clear escape/rescue windows to be
provided with a clear opening of 5 sq. opening of 18 inches by 18 in good working order.
ft. The clear opening shall extend to inches (2 .25 sq. ft.) & 60
within at least 48 inches of the floor inches max. above floor. Staff proposes the new
minimum opening and max.
height criteria to provide the
occupants and responders
usable rescue/escape in an
emergency. Increases the
minimum size emergency
escape/rescue opening and
lowers the opening sill height
as measured from the floor.
Electrical: Requires one ( 1 ) electric outlet IPMC
Requires two (2) electric outlets in Not addressed if the habitable space is also BRB require GFCI in kitchens
habitable spaces such as bedrooms, provided with a switch control and garages, in addition to
living rooms, dens and family rooms, light fixture. bathrooms
within a dwelling unit.
Smoke Alarms : IPMC requires smoke alarms
Required to be installed throughout Not addressed Required only when basement in all dwelling units
all dwelling units. Can be battery egress windows of 18 inches
operated. by 18 inches used.
8
Item B
Amending Chapter 5 , Article VI, Division 2 . relating to Supplemental Rental Housing Provisions .
Significant Changes Proposed Code: Current Code: Current Code: Chanme Source
City Code Chapter 5 , Art. VI, Div. 2 Dangerous Buildings : Rental Housing : IPMC National Standard or
(UCADB) Staff and/or BRB proposes to
(Staff recommends changes as be included
resented
Non-recorded dwellings :
Establishes an approval process for Not addressed Not addressed Staff proposes to create a fair
"non-recorded" rental housing and approach to recognizing as
rental rooming units. Establishes legitimate, rental housing
applicable fees, if any, based upon, created at some time in the
owner provided documentation, that past without benefit of
identifies when: required building permits or
1 ) The dwelling was first created applicable fees, inspections or
or converted or City approval.
2) Any historical data showing
when the dwelling was used
or rented as a separate
dwelling unit.
Owners who are unable to provide
documentation in 1 and 2 above
would be subject to current fees
applicable to a new dwelling unit.
Certificates of Occupancy (CO) : Staff proposes to create an
Requires that all single family Not addressed Not addressed across-the-board approach to
housing located within multi-family recognizing as legitimate,
buildings, have or obtain a CO . rental housing that was created
at some time in the past
Applicable only to Rental Housing without City approval.
9
Significant Changes Proposed Code: Current Code: Current Code: Change Source
City Code Chapter 5 , Art. VI, Div. 2 Dangerous Buildings : Rental Housing : IPMC National Standard or,
(UCADB) Staff and/or BRB proposes to
(Staff recommends changes as be included
resented)
Code integration :
Minimum standards for rental Applicable to all buildings, Contains minimum standards IPMC : City code provisions
housing conditions, inspections and only when declared applicable only to rental pertaining to minimum
responsibility integrated into IPMC "dangerous" housing conditions and housing standards already
corrective procedures addressed in the IPMC .
10
ATTACHMENT
IPMC Deletions List
Items not included in the proposed Fort Collins adoption.
IPMC Items deleted Reason for deletion or change
Department of Property Maintenance: City Code identifies the Building Official (BO) and
Creates a department for the enforcement of this code. Neighborhood Services as the authority for the
enforcement of building codes.
Right of Entry: The BO is authorized to enter premises City Code addresses the BO authority to inspect and
for the purpose of inspection. obtain warrants as needed.
Violation penalties: Establishes basic procedures and City Code addresses violations and penalties.
penalties for violations.
Unsafe Conditions: Establishes a list of conditions that Staff amended the list to "substandard" and lessened the
could be deemed unsafe for the occupants or public. List severity of the items in order to create the first degree of
includes interior and exterior components, structures and hazard. Staff replaced the IPMC "unsafe" conditions
equipment, applicable to all existing buildings, with the "dangerous" conditions list which constitute an
structures and a ui ment. imminent hazard to the occupants or the public.
Substandard conditions not applicable to owner-
occupied single family detached dwellings without
rooms to rent.
Substandard (Unsafe)Conditions: Applicable to all Substandard conditions not applicable to owner-
existing buildings,structures and equipment including occupied single family detached dwellings without
all dwelling units. rooms to rent.
Means of Appeal: Establishes procedures for hearing an City Code addresses appeals. The IPMC was replaced in
appeal to an order of the BO. its entirety.
Insect Screens: Applicable to all openings used for Not applicable to owner-occupied single family
ventilation, including all dwelling units, and all food detached dwellings without rooms to rent.
preparation areas
Interior Surfaces: Requires that peeling chipped paint Deleted as too restrictive and unenforceable in existing
be removed, applicable to all buildings. dwellings.
Building Security: Requires locks on doors and Not applicable to owner-occupied single family
windows of all dwelling units. detached dwellings without rooms to rent.
1
IPMC Items deleted Reason for deletion or change
Weeds: General requirements that address control of City Code addresses weeds.
noxious weeds.
Motor vehicles: General requirements for addresses City Code addresses inoperable vehicles.
inoperable vehicles.
Defacement of property: General requirements that City Code addresses defacement of property.
address damage of property.
Rubbish and Garbage: General requirements that City Code addresses rubbish and garbage
address disposal and storage.
Occupancy Limitations: Establishes minimum room Deleted as too restrictive and unenforceable in existing
dimensions and ceiling heights of habitable rooms such dwellings,
as bedrooms, living rooms, bathrooms, corridors and
laundry rooms, applicable to all dwelling units.
Overcrowding: Establishes that the number of City Land Use Code addresses occupancy.
occupants can not create unsafe or unhealthy conditions.
Efficiency units: Establishes minimum room Deleted as too restrictive and unenforceable in existing
dimensions and square footage per occupants of dwellings.
efficiency dwelling units.
Occupiable work space: Establishes minimum heating Deleted as too restrictive
criteria for work places.
Mechanical Equipment: Requires heating systems in Applicable to rental housing only.
all dwelling units be capable of maintaining 65 degrees.
2
ATTACHMENT
BRB June 26,2008 Pg.7
Vote:
Yeas: C milie, Schnieder
ackard, Schilling
5. IPMC and Rental Housing Codes—Presentation/Discussion/Recommendation
Mike Gebo,Deputy Building Official,presented information on the 2006 International Property
Maintenance Code(IPMC)with local amendments and supplemental Rental Housing provisions.
His presentation is summarized as follows:
History of the Board's Review:
• The BRB had previously reviewed earlier revisions of"Dangerous Buildings"and
"Rental Housing"at their July 26, 2007 meeting. At that time they asked staff to look at
the 2006 IPMC.
• On April 24, 2008,the Board reviewed revisions renamed`Building Conditions Code"
and"Rental Housing Code". At that time the Board asked for more details on the code
specifics prior to a recommendation.
Why Adopt The Interior Property Maintenance Code(IPMC)?
• Modem up-to-date maintenance code.
• Governs conditions of all buildings.
• Contains clear and specific minimum requirements for health and safety.
• Provides property corrective provisions.
Why the IPMC?
• The recommended code is fully compatible with all International Codes.
• Updated every three years by the International Code Council.
• Designed for consistency as a national standard.
• IPMC"Principles" are:
o Protects public health,safety& welfare.
o Recognizes the use of new materials,products or methods of construction.
IPMC URdates Include:
• The City Code Chapter 5:
• Article II, Division 3 (DB)
• Article VI,Division 2(RH)
• Replaces:
o The 1976 Uniform Code for the Abatement of Dangerous Buildings.
o The 1982 City Code: "Rental Housing Standards"
IPMC Overview:
Chapter 1. Administration
• Fort Collins addresses specific changes such as legal process and appeals. (IPMC 101-
104.4 amended.)
BRB June 26,2008 Pg.8
• Violations are either civil (substandard) and/or criminal (dangerous). (IPMC 106.4
amended.)
• Owner and Occupant responsibilities established. Amended 107.1.1 (new)
Schneider interjected that he had an issue with Section 1, Subsection(a)regarding property
owner's responsibilities related to multi-single family dwellings (townhouses or condominiums)
not more than three stories,where an HOA might be responsible for the exterior property
maintenance.
Gebo responded that he would probably communicate with the association. He explained that
there is usually an HOA President or a Board of the association,who the City would need to
communicate with.
Schneider questioned where the funding would come from that would enable Neighborhood and
Building Services to take on the responsibility of dealing with such properties. Lee noted that the
Department already deals with these issues to some degree. Gebo added that he is not
anticipating the need for any additional employees because of these codes.
Classifications of Hazards -Substandard(IPMC 108.1-108.1.2 amended).
Structures and equipment that can become un-fit to occupy or dangerous due to a continued lack
of maintenance.
• Unfit to Occupancy: (IPMC 108.1.3)
o Structures that pose a hazard to the occupants or the public due to:
o Infestations of insects or rodents
o Lack of maintenance that creates a substandard structure
o Filth or contamination
o Evidence of lack of sanitation, ventilation, heating facilities or essential equipment
required by code.
• Unlawful Structure: (IPMC 108.1.4)
o Occupied by more persons than allowed by code.
o Erected,altered or occupied contrary to law.
• Dangerous: Structures or premises that arc imminent hazard to the public or occupants.
(Amended 108.1.5 (new))
o Existing systems or components are inadequate,damaged or substandard.
o Structures likely to collapse.
o Exterior elements are likely to dislodge.
o Vacant and unsecured structures that are an attractive nuisance.
o Deteriorated building foundations likely to cause collapse.
o Conditions likely to cause illness as determined by the Health Officer.
o Building debris after demolition that becomes attractive nuisance.
• Vacant Buildings: Boarded and vacant more than 180 days and/or entered illegally
(IPMC 108.2 as amended.)
o Requires owner and/or local contact information.
BRB June 26,2008 Pg.9
o Requires yearly evaluation.
o Establishes recording with the County.
• Emergency repair cost. (IPMC 109.5 as amended.)
o Authorizes the code official to order repairs.
o Cost recovered by the City.
o Liens placed on the property.
• Disconnection of utilities. (109.5.1 amended(new))
o Authorizes code official to order disconnect utilities,to eliminate an immediate
hazard to life or property.
Schneider questioned Section 9, 107.2, Subsection(a),referring to notices being placed in the
United States Mail. He wondered if it should be required that the notices be sent via certified
mail. His concern was that City would not be able to identify if a property owner ever received
appropriate notification. Lee noted that it was not required.
Smilie stated that under current standards, using the United States Mail is applicable and
accepted by law.
Schneider stated that his next question pertained to 109.1.5, Subsection 4,regarding the
dangerous structure or premise. The code reads"resisting natural or artificial loads of 1 %times
the original design value. Schneider asked for clarification on how you can go 1 h times what
the original design value should have been.
Lee explained that this came out of the 2007 supplement of the IPMC.
Schneider explained that a lot of the structures were built under different codes. He asked for
clarification on whether this would fall under today's code or under the code at the time the
structure was built.
Lee stated that it would be whatever the design value was when it was created. Lee noted that if
the structure was not capable of supporting 1 %times the load,then it would be considered
beyond the safety limit. He explained that typically there is a built-in safety factor in materials
and designs.
Smith questioned how the City would determine that the structure had deteriorated that far. Lee
explained that a structural assessment by a professional Engineer would be required. Smith
asked for clarification on who would pay for the assessment. Lee stated that it would depend on
the circumstances.
Smith stated that he was concerned that the City will start running into situations of houses going
into foreclosure, and the residents,who are already barely making ends meet,would be required
by the City to pay for an Engineer for them to stay in their home. He did not agree with this.
Lee explained that if it is relatively modern construction, this would probably not be an issue,
unless it was improperly constructed.
i
BRB June 26,2008 Pg. 10
Smith responded that he would like to see substandard defined as"designed in accordance with
the codes in place at the time of construction."
Schneider agreed with Smith explaining that he would like to see some verbiage or wording that
ties back to the time of original construction.
Lee noted that the code does state"the original design value".
Smith responded that it says that on the 1 %2 times,but throughout the code it states substandard.
He explained that he would like to see substandard defined more.
Lee stated that substandard is defined in section 108.1.1.
Schneider questioned how this code would change when Historic Preservation is involved.
Gebo explained that if it's a historical building and is designated as such and deemed safe,the
IPMC would not be applicable.However,if the building is not safe and is considered
substandard, the City would be able to order corrections.
Chanter 2. Definitions
Numerous definitions were added to enhance the IPMC and provide links to other adopted City
codes such as the Land Use Code. (IPMC 202 as amended.)
Schneider questioned how the IPMC definitions are tying into definitions of the other codes.He
stated that the definitions for the IPMC and the other codes should be consistent.
Gebo stated that this is staffs intent and something that will be double checked as part of code
adoptions.
Schneider questioned whether excavation, foundation and abandonment should be individual
definitions instead of being combined.
Gebo explained that that the code is talking about the excavation hole or the foundation and
whether it's abandoned and/or exposed. He stated that it is not three different things.
Schneider stated that his question refers back to definitions in other code books. He stated that
other code books have foundation defined differently. He restated that he would like to see
consistency between everything.
Schneider suggested that flood hazard should refer back to the City Stormwater requirements in
Chapter 10. Gebo stated that this might be something that has been overlooked.
Schneider questioned why items relating to rubbish were omitted. Lee explained that rubbish is
in the Nuisance Ordinance,which is a different chapter outside of this code.
i
BRB June 26,2008 Pg. I 1
Chapter 3.General Requirements:
• Drainage is required to prevent stagnant water. (IPMC 302.2 as amended.)
• Provisions dealing in infestations of rodents or insects. (IPMC 302.5 as amended.)
• Exterior structure conditions that can be declared substandard. (304.1.1 amended(new))
• Insect screens required for rental housing and food service establishments. (IPMC 304.14
as amended.)
• Security locks main floor doors and windows of dwelling units. (IPMC 304.18)
• Interior conditions that can be declared substandard. (305.1.1 amended(new))
• Public stairways standards for rental properties. (305.4.1 amended(new))
• Components beyond their limit state can be declared substandard. (Amended 307.1.1
(new))
Schneider referenced Section 304.1.1, Subsection 2.When it refers to anchoring to floor and
roof,he stated that this again is where he would like to see some reference to time of
construction or code at the time of construction. When referring to Subsection 7,he asked what
the standard for"not plumb" was. He stated that this could use more clarification.
Gebo responded that there is a standard in new construction that he would use.
Schneider questioned how insect screens could be required by the IPMC when they are not
required in the building code. Gebo stated that the IPMC requires insect screens and that we are
modifying this to only require them for rentals. He explained that although requiring this may
not be valuable or prudent on private homes,staff believes that it is valuable and prudent to
require it on rental housing.
Smilie stated that he would agree with it more completely if there was an exception for those
units that have an approved mechanical ventilation and cooling system in place. He added that
the reality is that if you look at the Police Department they would prefer that nobody have open
windows on the first floor. He stated that if the City wanted to be consistent with the general
approach as to how things are being taken,the first floor windows shouldn't be operable. If you
are going to require that those windows be operable, then you probably have to require that they
not be operable past the point where an intruder can get in. There are a lot of other standards that
would apply to this,if you are saying that you have got to be able to ventilate by opening a
window.
Lee stated that screens are only required on openings that are there for required ventilation. He
explained that you can meet required ventilation through a system without opening windows. He
noted that if that system was in place then this code would not apply.
Smilie stated that he believes it would still technically apply because the ventilation section of
the building code has no connection to whether or not the building is air conditioned. Lee stated
that there is an option to do that under the Rental Housing Standards. He explained that you can
artificially ventilate the residence. Smilie stated that we should add an exception for those who
have artificial means to ventilate the premises.The screen provision then would not be required.
Schneider referenced Section 305.1.1, Subsection 6. He stated that not all foundations are
supported by footings and therefore he believes this should be omitted.
i
BRB June 26,2008 Pg. 12
Schneider stated that under 305.4.1,it talks about 75"of headroom. He questioned if it includes
existing buildings that are less than that. Lee stated that this has been in the Rental Housing
Code for the past 20 plus years.
Smith stated that there are a lot of rentals that are over 20 years old. He asked if it predates that
code. Lee responded that the Rental Housing Code is retroactive. He stated that it generally
applies to everything.
Gebo explained that this is specific to a multi-family building.
Schneider stated that with the rise of stair heights in Subsection 3, it should say 8 inches tall or 8
inches in rise height and less than 9 inches in depth not width. Lee agreed with Schneider that
depth is the more appropriate term.
Schneider referred to Section 307.1.1, Subsection 2.5, Spalling Concrete. He asked for
clarification on whether this pertained to exterior flatwork. Lee explained that this referred to
structural concrete only,not flatwork. Only structural components or systems would be regulated
under this.
Schneider stated that there are structural floors or slabs that are in garages. Lee stated that if they
were structural they would be a concern and covered under this code provision.
Smilie stated that he believed the concern was due to the fact that the general description does
not specifically state that it has to be structural components; it only says components of a
structure. He noted that the components of a structure are not necessarily all structural.
Schneider stated that he would rather see a code that has good definitions and clarity to avoid
any challenges in the future.
Chapter 4,Occunanev Standards
• Ventilation openings required for habitable spaces. (IPMC 403.1 as amended.)
• All habitable spaces minimum dimensions deleted. (IPMC 404.1-404.4.1 amended and
404.6.)
• LUC referenced to address rental housing overcrowding. (IPMC 404.5 amended.)
Chapter 5. Plumbing Facilities (no local amendments)
• Identifies required facilities in dwellings(IPMC 502)
• Toilet rooms to afford privacy(IPMC 503)
• Plumbing system maintained in good working order(IPMC 504)
• All fixtures connected to a water system in good working order(IPMC 505)
• All fixtures connected to a sanitary waste system in good working order(IPMC 506)
Chanter 6.Mechanical Reguirements
• Heating in rental housing capable of 65°except when</4°. (IPMC 602.3 amended.)
• Mechanical systems and appliances are to be in good working order. (IPMC 603.1)
• Requirements for solid fuel appliance located sleeping rooms. (603.1.1 amended(new))
• Specific mechanical equipment standards applicable to rental housing only. (603.4.1 &
603.5.1 amended(new))
i
BRB June 26,2008 Pg. 13
• Portable fuel appliances not allowed. (603.7 amended(new))
• Carbon monoxide alarms required in rental dwellings with combustion appliances or
attached garage. (603.8 amended(new))
Schneider interjected that this would seem to prohibit him from having a fireplace in his
bedroom,even one that met EPA standards.
Smilie stated that he believed it is rather problematic to say that a single-family homeowner
could have pellet stove in their bedroom, but a renter cannot.
Gebo explained that Section 603.1.1 does not pertain only to rentals. Lee clarified that the
Section does have requirements that allow these applications as long as permanent combustion
air to the exterior of the space is provided,there is a proper chimney,etc.
Schneider questioned whether an existing fireplace in a sleeping room would grandfather in.
Gebo replied that it would have to have proper combustion,chimneys.
Schneider asked for clarification on whether an existing unit that met code at the time would
have to be pulled out if it no longer met the current code. Gebo provided explanation.
Schilling questioned whether an already installed fireplace would need to be brought up to code
if there was new work being performed near it. Gebo explained that the existing fireplace would
only need to be brought up to current code standards if it were being altered or replaced.
Smilie stated that it was not specified whether the COZ alarms have to be hard-wired or plug-in
systems. Gebo explained that it is up to the homeowner to decide which one they would want to
use. Both are acceptable.
Smith referred to Section 603.2, and wanted clarification on the exception to this of fuel burning
equipment or appliances. Gebo noted that this language was supposed to have been stricken. He
explained that 603.2 will not be in the amendment package.
Chapter 6. Electrical Requirements
• Electrical systems are to be in good working order. (IPMC 605.1)
• Habitable spaces are required to have two remotely located receptacles. (IPMC 605.2)
• Extension cords not used for permanent wiring. (605.4 amended(new))
• Circuits protected by over-current device. (605.5 amended(new))
Schilling questioned if there is a restriction on how long the extension cords can be. Gebo stated
that extension cords pose a problem when they go across a doorway,are being stapled and
permanently attached to the floor trim,or any other instances where they are being used as
permanent wiring.
Chapter 7.Fire Safety Requirements
• Required emergency escape windows to be maintained in good order. (IPMC 702.4
amended.)
• Rental dwelling emergency exiting requirements and below grade escape windows sized
to meet 5 sq. ft. (702.4.1 & 702.4.2 amended(new))
• Smoke alarms required. (IPMC 704.2)
i
BRB June 26,2008 Pg. 14
SUPPLEMENTAL RENTAL HOUSING PROVISIONS
• Amending City Code: Chapter 5,Article VI, Division 5
• Purpose is:
o To supplement the provisions of the 2006 IPMC applicable to rental housing units
o To establish an approval process for un-recorded dwelling units
SUPPLEMENTAL PROVISIONS—RENTAL DWELLINGS
• Improved administrative provisions:
o Includes definitions of Owner, Property Manager, Rental Dwelling Unit and Rental
Housing(5-236)
o Establishes link to the City's LUC and Building Codes. (5-237 & 5-238)
o Establishes link to IPMC for rental housing conditions,inspection and responsibility.
(5-240, 5-257)
o Establishes consistent appeals process. (5-258)
o Establishes penalties for"substandard"dwellings as civil infractions. (5-265)
• Non-recorded rental dwelling units:
o Requires all rental dwelling units to have or obtain a Certificate of Occupancy(CO).
(Sec. 5-260 City Code)
o Establishes submittal process for units without a CO. (Sec. 5-261 City Code)
o Un-recorded dwellings without Certificate of Occupancy
■ Historic information reviewed,
■ Owner pays development fees based upon clear historic records of date of
conversion or,
■ Owner pays development fees based upon clear historic records of date the unit
was first used as a rental or,
■ Minus clear records of conversion or use,owner pays fees in effect at the time of
the issuance of the CO.
In closing, Gebo mentioned that presentations had been made to the Planning&Zoning Board,
the Affordable Housing Board,and that extensive public outreach had taken place. He noted that
Council had reviewed the above content at a number of work sessions and will act on staff s
recommendation at upcoming council meetings: July 15, 2008 (1°t reading)and August 21,2008
(2nd reading).
Smith stated that he had concerns regarding wetlands and drainage. He questioned what would
happen if a private property had a marsh on it and whether the property owner would be required
to designate the area as a wetland, do mosquito testing and be required to mitigate. He was
concerned about this since the code just states "stagnant water"with no further definition.
Lee stated that the City treats stagnant water on City property and mitigates it either chemically
or mechanically with an active maintenance program to reduce any stagnant water on City
facilities. He stated that he is not sure how it would relate to private property. He explained that
the code notes a grading issue as it relates to substandard. He quoted the code stating that"all
premises should be graded and maintained to prevent the erosion of soil and to prevent the
accumulation of stagnant water or within any structure thereon."He stated that the exceptions
are approved retention areas and reservoirs.
i
BRB June 26,2008 Pg. 15
Smith questioned whether a wetland is a naturally occurring thing, or whether a property owner
would need to have an area approved as a wetland.
Schneider made a motion to ask Council for a continuance on this issue. Cram seconded the
motion.
Schneider stated that he could not approve or make a recommendation on the codes as presented.
He stated that his vote to council would be to not approve or recommend the codes as presented,
without any of the changes that were presented today.
Vote:
Yeas: Packard, Cram, Smith, Smilie, Schneider, Schilling
Nays:
6. Update to Section 2.119 of the City Code pertaining to BRB Function -Presentation/Disoussion/
Recommendation
Lee reviewed the proposed code amendments related to the powers of the Building Review
Board. The new language is as follows:
"To upon appeal on specific cases grant variances from the terms of Chapter 15 Article.5 where
a strict application of any provision of said article would result in peculiar or exceptional
practical difficulties or exception undue hardship upon the person regulated or when the
applicant can demonstrate to the satisfaction of the Board, that the applicant possesses other
qualities not specifically listed in Chapter 15, Article 5 such as specialized training, education,
or educational experience, which the Board has determined qualifies the applicant to perform in
a competent manner any construction authorized under the license or certificate sought, and
provided that such relief may be granted without substantial detriment to the public good and
without substantially impairing the intent and purposes of said article. "And 5 "To serve as the
Board of Appeals as required pursuant to section 111 of the International Property Maintenance
Code as adopted by the City and Supplemental Housing Standards to advise City Council on
policy matters pertaining to the construction of buildings and the licensing of contractors and
certification of supervisors for all aspects of the construction of buildings and to perform other
duties and functions, which have such other powers as may be provided by this ordinance of the
City Council. "
Deputy City Attorney Eckman noted that the "whereas" paragraph helped to explain what the
change was in Paragraph 4, which was to add a provision where the Board could grant variances
in cases of contractors who possess special qualifications. He explained that Paragraph 5 adds
the ability of the Board to serve as the appeal board for the housing standards. He further
explained that Paragraph 6 was added because the Board had never been given the ability to
advise City Council on policy matters pertaining to construction of buildings, etc.
Smilie made a motion to recommend to City Council that they approve the proposed changes.
Smith seconded the motion.
Vote:
Yeas: Packard, Cram, Smith, Smilie, Schneider, Schilling
Nays:
i
Minutes to be approved by the Board at the September 25, 2008 Meeting
• FORT COLLINS BUI RE B
Regular Meeti g—August 28,2008
1: M.
hai erson: Michael Smilie hone: 26-4260 H
Council Liaison: Kelly OhlsonIlStaff Liaison: Felix Lee (221-6760)
A regular meeting of the Building Review Board was held on Thursday, August 28, 2008 in the
Council Chambers of the Fort Collins Municipal Building at 300 LaPorte Avenue, Fort Collins,
Colorado.
BOARDMEMBERS PRESENT:
Alan Cram
Mike Gust
Michael Smilie
George Smith
Jeff Schneider
Jim Schilling
BOARDMEMBERS ABSENT:
Jim Packard
• STAFF MEMBERS PRESENT:
Melanie Clark, Customer Service Representative II
Felix Lee, Building Official
Mike Gebo, Deputy Building Official
AGENDA:
1. ROLLCALL
The meeting was called to order and rollcall was taken.
2. Approval of Minutes:
The July, 2008 minutes were tabled due to concerns from Board Member Cram. These items
will be discussed at the September meeting.
Yeas: Cram, Gust, Smilie, Smith, Schneider, Schilling
Nays:
3. IPMC and Rental Housing Codes:
Lee informed the audience that this was a formal meeting and that City staff was seeking a
• recommendation from the Board on these items.
The Board first discussed the International Property Maintenance Code (IPMC).
i
BRB August 28,2008 Pg.2
Schneider asked whether some of the changes to the verbiage were due to legal suggestions. Lee
confirmed this. He explained that additionally some of the items were changed for specificity •
based on the Board's earlier input.
Under Section 102.2, Schneider asked for clarification on the definition of"sound." Lee
explained that a definition for sound could be found on Page 18 of the ordinance.
Smith questioned whether the IPMC code was all that was being adopted or if the amendments
were being adopted in addition to the IPMC Code. Lee explained that both the IPMC code and
the amendments were being adopted. He further explained that when an ordinance is adopted
only those things that are amended are included in the actual ordinance.
Under Section 107.1, Subsections 2, 3 and 4, Schneider questioned whether a definition that
defines what sanitary and safe conditions should be added. Lee stated that the IPMC is actually
looser than the old code and that in Section 201, the IPMC states:
"Where terms are not def ned through the methods authorized by this section,
such terms shall have ordinarily accepted meanings such as the context implied. "
Lee further explained that there will always be some interpretive value that someone has to
apply. He stated that if a building was really unsafe, it would fall into the dangerous building
category. Gebo added that the term safe and sanitary is used in the IPMC and is not something
that staff added.
Schneider questioned whether there were any guidelines used by the Latimer County Health •
Department that could be referenced back to this. Gebo stated that the full document can be
cross-referenced to the dangerous structures section. He noted that the code includes the
following condition under dangerous elements, structures or equipment:
"A building or structure used or intended to be used for dwelling purposes,
because of inadequate maintenance, dilapidation, decay, damage,faulty
construction or arrangement, inadequate light, ventilation, mechanical or
plumbing system, or otherwise, is determined by the Building Official, in
consultation with the Health Officer, to be unsanitary, unfit for human habitation
or in such a condition that is likely to cause sickness or disease. "
Under Section 108.1.3, Ventilation, Schneider stated that he was concerned that an older rental
house would not meet today's code because it would not matter if there was an operable window
or not. Schneider noted that they would still be required to have a fan or ventilation system for
the bathroom. Lee explained that in a rental house, if there are bathing facilities where an
operable window or outdoor ventilation is not present, then this would be required. He noted that
Section 403.1 was not amended.
Gebo stated that some of Schneider's questions related to whether or not staff needed to amend
the code language to state that the dwelling needed to comply with the code that was in effect at
the time of construction. However, he explained that this was problematic and could impact or
limit the work that occurred since the date of construction. He further explained that many of •
the older homes have sheds, additions and enclosed porch additions that may have been done
without permits.
i
BRB August 28,2008 Pg.3
• Schneider stated that if the work was done without a permit,the structure would then technically
be an unlawful structure where the City would be able to impose a fine. He explained that he was
referring to items that had not been altered or changed in any way.
Smilie stated he would agree to that verbiage if there were some language added that stated there
would be consequences for non-compliant alterations.
Gebo explained that Section 108.1.5 refers to dangerous buildings. He stated that if the building
was dangerous and/or was an eminent hazard, the code in effect at the time of construction
would be irrelevant.
Schneider questioned whether stairways, passageways or exits would meet today's fire code if a
dwelling was deemed dangerous under Section A104, Dangerous Element Structures. Gebo
stated that Section 108.1.5 states that:
"A structure or premises is dangerous if any part, element or component thereof
is no longer within its serviceability limit or strength limit state as defined in this
code or, when considered in totality, the structure or premises pose an imminent
threat to the health and safety of the public or the occupants of the structure or
premises as referenced in Appendix A of this code. ".
Schneider questioned whether the same would be true regarding the widths of exiting corridors
and hallways. Lee explained that Poudre Fire Authority would enforce this issue and that it
• would have to be an eminent danger before changes would be ordered. Lee further explained that
in the case of the stairs, if a tread was missing or broken, especially if it was part of an exiting
system, staff would order corrections.
Gebo noted that the Fire Marshall has reviewed the document and wrote a letter of complete
support for the IPMC. He stated that the IPMC code works in conjunction with the Fire code.
Under Section 108.5, Subsection 4, the Board questioned how the City could require 1'/z times
the original design value. Gebo explained that after doing some research with ICC and
Engineers,building and structures are built with a safety factor of 2. He noted that if the structure
was built with a safety factor of 1 it would already be at its failure point.
Schneider asked for clarification of what the requirement would be in the case where a design
load was a 2 and the code stated that it must be 1'/z times the original design load. Gebo
explained that this provision has actually been reduced from a 2 down to 1'/z . He further
explained that if a structure was 1'/Z times the original design value,the structure would already
be half way to failure. He stated that if failure is 1, and a structure is designed for 2, the code
would only let you get to 1%before corrections would be required. Gebo noted that this
requirement was from the original uniform code for abatement of dangerous buildings list.
Smilie stated that he was thinking the code should reference 75% of the design value, because if
you have a design value of 2 then it would put it at 1.5.
• Board members were in agreement that this language was confusing.
0
BRB August 28,2008 Pg. 4
Under Sectionl08.1.5, Subsection 10: Lack of Fire Resistant, Fire Protection, Electrical System:
Schneider questioned whether it could be construed that because a structure does not meet •
today's code, it could be considered as potentially dangerous. Gebo explained that this provision
aids in updating the system but stated that the portion of the system that was causing the hazard
would be the only thing required to be fixed, not the entire system.
Schilling questioned whether the electrical code states that only the areas that are touched,
repaired or modified would have to be brought up to current code. Gebo stated that this is true
with any code. He explained that any work that requires a permit has to comply with today's
code and that this only pertains to the scope of the work included in the permit.
Smilie stated that under Section 108.2 (a) the section reads: "When a building or the
structure..." He explained that it should be "When a building or a structure" or"When a
building or structure."
Smilie questioned whether in Section 108.2(c) the person referenced would be a code
enforcement official. He explained that in Section c, Subsection (i), that it is the name and
address of the person submitting the vacant building notification. He stated that he would
assume that that person was a code enforcement official.
There was discussion about the purpose of the vacant building provisions and when they would
be applied. Gebo stated that these code provisions provide staff with the ability to identify a
vacant property that has been broken into and have readily available contact information to get
the situation remedied. He explained that the property would have to be vacant and unlawfully
entered or vacant and boarded up before these provisions would take effect. He noted that there •
were specific conditions that must be present before a property would be considered vacant
under these code provisions.
Schneider questioned whether an occupied house that was broken into and had damaged
windows that were boarded up would be considered a vacant building. Lee explained that once
the property had been secured or boarded up, the City would want to know because it would
mean that it is likely vacant.
Schneider questioned whether words like "update" or"bring up to code" should be added after
the word demolish rather than saying the property owner would have to sell, lease or occupy a
premises to get it off of the vacant building list.
Lee stated that the City wants to identify and track buildings that are being vacated with no
occupancy plans or secured in a fashion that indicates they are not being used for occupants. He
noted that the intent is to track those that become a problem or have chronic issues.
Schneider stated that in Section 108.2 (d) it might be advisable to add specifics on fees and
violations. Smilie explained that these items are generally amended out of the City's version of
the UBC, because in many cases the UBC charges more than the City. He added that if fees were
written into the code there would need to be an amendment if the fees ever changed.
Lee noted that these fees are administered by the City Manager. •
i
BR B August 28,2008 Pg. 5
Schneider stated that in Section 108.2 (g) he was concerned about requiring people to file with
• the Clerk and Recorder. Lee stated that the true official public record is the County Clerk and
Recorder as it relates to sales. He explained that this would provide a way of notifying others that
there was an issue with the building if it were sold or changed hands.
Schneider stated that he is having a hardship with the entire program because if something gets
broken into or boarded up it would have to be filed with the Clerk and Recorder and it would be
considered a violation under this code. Lee stated that not every vacant building would have to
be registered. Only those that fall under the criteria specified in the code.
Gebo explained that the City added these provisions, in part, for notification to the next owner.
He stated that future owners who may purchase the property need to understand and know that
there are conditions placed upon that building. He further explained that because the City has a
legal hold on the property, they would record it so proposed future buyers would know that the
City is involved.
Schneider questioned whether it would hurt the potential sale of that building and whether or not
it would decrease the property value. He also questioned whether a building having a vacant
status could diminish the property values around it. Lee stated that it would really depend on
what the property looked like more than what was on the records.
Schneider stated that if a house in a neighborhood had something tied to it, it would then drop
the property values of the neighbors. He questioned whether the City would then be hurting
neighborhood values.
• Cram noted that potential buyers have the right to know this information. He explained that this
would be a way to do that.
Smilie stated that it would at least give the potential buyers a chance to talk to the Building
Department to find out what the hold or condition entailed.
Schneider questioned why 5 days was given instead of 10 in Section 111.4. Gebo explained that
this is the prescribed appeal time from when the premises is ordered vacated.
Schneider stated that in reference to a flood hazard, City staff said a reference to Chapter 10 of
the City code would be added. He explained that that reference was never added in. Gebo
commented that this provision was taken directly from the Stormwater section of the City code.
Board members agreed that it would be good to have the reference to Chapter 10 of the City
Code.
Cram stated that under Subsection 2 of the definition of Flood Hazard Area, where it says: "the
area designated as a flood hazard area on a community's flood hazard map, or otherwise legally
designated," it should specify who the legal designees are. Lee stated that should probably refer
to Chapter 10 in some way.
• Schneider questioned whether Section 302.2, Grading and Drainage, should also refer back to
Chapter 10. Gebo stated that this section refers to the building site grading. He explained that this
BRB August 28,2008 Pg. 6
particular section refers to maintaining the level of grading and drainage around the property, so
as to not drain towards the building and not pool. •
In the amendments for A102 (5), Schneider questioned what the degree of plumb was. Lee
explained that if a plumb line dropped in the middle of a wall is outside of the middle 1/3 of that
wall, then it is considered out of plumb.
Schneider questioned whether that was the same kind of reference that was going to be used
instead of the word "substantially." Lee stated that this had been dropped out of the code.
Schneider questioned whether more specifics needed to be added to further define "the degree of
plumb." Gebo stated that in item 6 he would add a definition of what constitutes substantially
plumb. He noted they would use the same terminology that exists in the old code. He explained
that it would essentially state that if it falls outside the center third it is no longer substantially
plumb.
Smilie provided an invitation for public comment on this item.
Eric Kronwall with the Fort Collins Board of Realtors addressed the Board. He stated that the
Fort Collins Board of Realtors is 100% behind the City having the tools they need to deal with
dangerous buildings. He explained that they support having the tools to have safe, quality
housing, as well as the existing Rental Housing Code. Specifically regarding the IPMC and what
is being proposed, Eric made the following 5 points:
1. There is some exclusion for owner-occupied residences included. He stated that they •
strongly support that and urge the City to continue to move forward with those
exclusions. However, the exclusion that is being proposed simultaneously goes too far
and not far enough. He gave an example that on page 27 under 305, owner-occupied,
detached, single-family dwellings in which no rooms are leased or rented are exempt
from the provisions. At the very bottom of the page it says "every stair, ramp, landing,
balcony, porch, deck or other walking surface shall be maintained in a sound condition."
Kronwall stated that if the property was built to code and the rise and run has since
changed, but the stairs are not falling down, this owner-occupied premise would be
removed from that consideration. However, Kronwall noted that it is important not to
eliminate owner-occupied premises in instances where things may be unsafe. His opinion
was that this exclusion may be too broad.
Kronwall mentioned that in the IPMC, paragraph 102.6 there is an exclusion for historic
buildings that says: "The provisions of this code shall not be mandatory for existing
buildings or structures designated as historic buildings, when such buildings or structures
are judged by the code official to be safe and in the public interest of health, safety and
welfare." He suggested that the same kind of statement related to owner-occupied
buildings would be a benefit. He added that the premises has to be safe and that a
homeowner should not get a free pass just because they are living in their own home.
2. Kronwall suggested that all of the amendments related to vacant buildings should not be
approved. He stated that the issue is not whether or not a property is vacant but whether •
or not it is unsafe or unfit for occupancy. Kronwall explained that the model code
provides three things that happen: 1) A notice is given to the owner, 2) There is a
BRB August 28,2008 Pg. 7
placard of condemnation placed upon the property, so there is notice at the property, and
• 3) If it is an eminent danger, the City is able to take action without even giving notice.
Kronwall noted that the Fort Collins Board of Realtors feels this is appropriate and
support this. Kronwall re-emphasized that the issue is not whether or not a property is
vacant. If a property is an eminent danger, the City should take action, occupied or not.
Kronwall noted that in paragraph108.2 (b) when you get to the end of the sentence it says
"shall be abated." He wondered how you abate a vacant building that has been
condemned. Kronwall stated that if the premises is unsafe, the unsafe condition can be
abated. If it is unfit to occupy, the condition that causes it to be unfit to occupy can be
abated.
Related to the notification process, Kronwall mentioned that it was stated by staff that
these provisions were being proposed to enable them to deal with chronic problems.
Kronwall noted that if there is a chronic problem,the City doesn't need this notification
process. He suggested keeping the model code where it provides that if a premises is
vacant and unfit to occupy and not in danger of eminent collapse,the City can order it
boarded up. Kronwall stated that an attractive nuisance is in the appendix as an unsafe
condition. He noted that if the argument is that we need to take care of it because it is
vacant and an attractive nuisance, the code gives staff the power to order it boarded up in
situations where it is unsafe.
3. Kronwall mentioned that any duplicate code provisions should be repealed. He stated
• that the proposed ordinance removes 2 of 3 sections of the existing Dangerous Building
code, but not the third. He thought the third section ought to be repealed as well.
Kronwall added that his suspicion was that the IPMC was more stringent than the
existing housing standards and that any duplication there should be repealed.
4. Kronwall stated that the amendments should be minimized. He stated that he was a little
bit surprised to hear staff say that they would hate to get too far outside of the current
code,because 45 pages of amendments are being proposed. Kronwall explained that it
took Loveland 3 pages, Greeley 4, and Longmont 7 pages for their code amendments. It
was Kronwall's opinion that the issue related to substandard just added confusion. If a
property is not in compliance with the code, staff can give notice.
5. Kronwall mentioned that although he liked the format of the historic building exclusion
in Section102.6, it excluded only those building which were designated historic. He
thought this was in conflict with the City's Landmark Preservation Commission, which
does not require designation, but also includes properties that are eligible for designation.
He suggested that staff look at an amendment to that paragraph so that there is not a
conflict with the LPC folks who have worked with a lot of properties to preserve them.
Schneider stated that Section 304.4 states that: "all structural members shall be maintained from
deterioration, shall be capable of safely supporting the imposed dead loads and live loads" He
questioned whether this was referring to today's standards. Gebo explained that this excerpt
• came straight from the IPMC. Lee explained that this refers to those that are actually imposed,
meaning whatever is actually on the site.
BRB August 28,2008 Pg. 8
Under Section 304.14, the Board expressed concerns that only the property owner was being
held responsible for providing screens and making sure they are maintained. They stated that •
they would like to see some verbiage stating that property owners had to provide screens at the
time of the lease and after that it would be the tenant's responsibility to maintain.
Gebo stated that in Section 301.2, under general requirements in the body of the code,not the
ordinance, it states that:
"occupants of the dwelling unit, rooming unit or housing keeping unit are
responsible for keeping in a clean, sanitary and safe condition that part of the
dwelling unit, rooming unit, housekeeping unit or premises which they occupy
and control. "
Staff agreed to add verbiage to state that the property owner is responsible for providing screens
only at the time of lease.
Under Section 305.1, Interior Structures, Schneider stated the he felt that there needs to be a
disclaimer that the structure met the code in effect at that time. He was concerned that if nothing
had been changed or altered and it was still in solid, sound condition, that it should be considered
ok. Smilie stated that it is hard to tell sometimes, whether or not a structure has been changed.
Schneider explained that if there weren't any permits issued, then it would be an unlawful
structure and could be handled accordingly.
Smilie stated that he had an issue with Section 305.3 related to the cracked and peeling paint •
provision. He explained that it fails to address one of the more significant issues with lead based
paint in older buildings. He stated that the most hazardous portion of a lead based paint is the
cracking and peeling paint. Gebo explained that the Building Department doesn't deal with lead
based paint and that this is handled by the Latimer County Health Department.
Schneider mentioned that in Section 307.1.1, spalling concrete should refer only to structural
concrete. Gebo stated that on item Al03 of the ordinance, staff would add structural concrete to
deal with those items. He explained that in A 104 (4), in the last sentence,the wording would be
changed to: "It must be anchored or fastened in place so as to be capable of resisting natural or
artificial loads equal to or greater than the original design value. "
Schneider argued that in Section 307.1.1 (4), in the substandard component dealing with the
masonry joints and fractures, that masonry is a porous substance that water is going to get
through which is why a drainage plain is required behind it. Gebo stated that 307.1.1 was struck
and changed to Al03. He explained that the section is talking about substandard components and
that it says: "Where any of the following conditions caused the component or system to reach its
limit state. " Gebo noted that a crack in a mortar joint is not going to have reached its limit state.
Schneider referred to Section 404.3 stating that the second sentence requires that every bedroom
in the dwelling have access to at least one water closet or lavatory located on the same story as
the bedroom or an adjacent story. He questioned whether this would become an issue for rental
housing. Lee stated that he would be willing to strike that second sentence. •
Schneider questioned whether the monoxide detectors required under Section 603.8 should be
on the same level as the garage or mechanical room or on the lowest level. Gebo explained that
i
BRB August 28,2008 Pg. 9
monoxide is dispersed through the mechanical system spreading to wherever the duct work
• distributes it. He added that it is not a heavy gas.
Cram stated that monoxide is lighter than air and will rise. He explained that as a result there is a
lot of discussion about monoxide detectors because they plug in at the base board height. Gebo
stated that at this point the City is trying to achieve some level of alarm notification.
Lee stated that he is not willing to second guess the industry and would refer to wherever the
manufacturer recommends installation.
In Section 604.3, Electrical System Hazards on existing building(rentals), Schneider questioned
whether in instances where there were inadequate or insufficient receptacles in lighting outlets,
the property owner would have to add outlets in order to utilize the house as a rental. He also
questioned the definition of insufficient. Gebo stated that less than two receptacles per room in a
rental is insufficient. Gebo explained that the Fire Department deals with this regularly. He
added that they know that one extension cord to one appliance is fine, but when occupants start
adding extension cords onto extension cords, onto something else, the Fire Department knows
this is a violation. He noted that"insufficient" is kind of a general tern and that the condition is
really determined on the capacity of the outlet and the total demand of appliances and devices
connected.
Gust stated that he would like to see that GFIs be required in kitchens, bathrooms, garages,
unfinished basements and on the outsides of properties where electrical outlets are present. He
explained that he feels like this is a safety issue. Staff agreed to include the GFIs as a
• requirement.
Smith stated that he had issues with the vacant building provisions throughout the entire
document. He explained that it seemed to him like the City was criminalizing the owner of the
building because someone broke in. He stated that he could not support that one at all.
Board Member Cram pointed out that there were grammatical and punctuation errors throughout
the document. Gebo explained that these errors would be corrected through an outside vendor as
part of their review process.
Cram referred to Section108.1.3, Structure Unfit for Human Occupancy. He explained that there
have been instances in this town where people have used tents and campers for residences.
Smilie explained that the urban camping code deals with people residing in tents or campers and
that under a strict building code neither of these would be considered as a building or structure.
Cram stated that the word "absent" should be added to Section 108.1.1 talking about substandard
equipment where in the last sentence it states: "or is so damaged, decayed, dilapidated." Cram
explained that discussion took place that the word "absent" should be in there and he didn't see it
in the draft.
Cram stated that it should read: "or is so damaged, decayed, dilapidated, absent, structurally
substandard or of such faulty construction." An item may be absent,which would imply that
• something had been there to begin with. Lee responded that it could be reworded to state that it
contains substandard or lacks something.
BRB August 28,2008 Pg. 10
The Board had questions about how it would hinder staff s process if Board did not want vacant
building amendments. Gebo explained that they wouldn't have ready access to owner •
information or a local contact that staff could visit with to talk about problems with the property.
He stated that they would still be able to order the property to be secured and locked; however,
there would not be a monitoring program that would assist staff in tracking these buildings.
Lee added that this would continue our current process of responding only when we get
complaints or from staff observation.
The Board had questions regarding how many properties the City is currently dealing with
regarding vacant building issues. Gebo stated that there may be a dozen or so.
Lee stated that he was prepared to delete the vacant building notification program. He explained
that it is hard to say how much we would lose or gain by doing so and noted that he believes it
would have been a useful tool.
Smilie stated that another issue was the historic buildings and whether or not that portion should
be changed. Lee stated that it was really a wording issue and staff would make it consistent with
other codes.
Gebo noted that he was discussing historic issues with Historic Preservation staff and explained
that if a condition becomes a life, health or safety issue, this would override historic designation.
He further explained that he would certainly be willing to identify the historic buildings not only
designated but also those eligible for designation to be consistent with the Landmark
Preservation Commission. •
Schneider made a motion to recommend to City Council that they adopt the International
Property Maintenance Code (IPMC) with local amendments, once revised as noted in the
Board's discussion. Smith seconded the motion.
Vote:
Yeas: Gust, Smilie, Smith, Schneider
Nays: Cram
The Board next discussed the proposed changes to the Supplemental Rental Housing provisions.
Lee explained that the changes to the Supplemental Rental Housing provisions offer a process to
provide legal recognition of existing rental housing. He stated that this draft has not changed
much since it was first offered. Lee noted that the substance of the discussion could be found
primarily in the sections of code on pages 8 and 9 dealing with certificate of occupancies being
required for any building with 2 or more dwelling units where one had not been previously
issued. Lee stated that Section 261 provides a mechanism to prove legitimacy of rental units that
have never been documented, as well as establishing a basis for equitable treatment of all rental
units. He added that this would require that fees be paid equivalent to what would have been
charged at the time the unit was created.
Smilie questioned whether staff had any idea of how much the fees would be. He felt that this
fell outside of a typical statute of limitation and did not think this was equitable. Schneider •
asked for clarification on whether or not the City was trying to collect on back fees that should
have already been collected. Lee confirmed this.
e
BKB August 28,2008 Pg. 11
Smith mentioned that he thought this would be problematic for many people who have bought
over/under rental units thinking that they were purchasing a legal duplex. Schneider re-
emphasized that he did not believe that this was appropriate.
Gebo explained that right now, if the City finds a residence that has an additional dwelling unit
and cannot find a permit, they are required to obtain a permit and are charged today's fees. He
stated that the City is making a way for them to legitimize the units at the fees in place at the
time the premises was converted as long as they can prove when it became a duplex.
Smilie recommended that there be an amnesty period for those people to come in and get their
units legitimized and not be charged any fees. Gebo responded stating that staff had talked about
doing this for cases prior to 1965. Staff was also concerned that this would be inequitable for
those who have already been required to legitimize additional dwelling units and pay related
fees.
Smith stated that he was concerned that this would cause a hardship on the current owner,
especially in those cases where they thought they were buying a legitimate duplex. He explained
that he was against charging them the fees, but agreed that the units should be legitimized and
brought up to code.
Gebo questioned the Board about situations where it is very clear that the dwelling was a single-
family and is now a duplex. Smith stated that he believed the City should start from current
projects forward and not look at these situations retroactively.
Schneider stated that he would only agree with bringing these situations current as long as staff
was dealing with the original owner. He stated that staff should not require this in situations
where the owner has changed.
Gebo questioned how staff would then deal with the scenario where it was the third owner that
finished the basement and turned the premises into a duplex.
There was consensus amongst Board Members that more discussion was required on this item
before they would be willing to offer their support.
Smilie made a motion to recommend that Council not support the Supplemental Rental Housing
Provisions and request that these items be sent back to Board for further review. Cram seconded
the motion.
Vote:
Yeas: Cram, Packard, Gust, Smilie, Smith, and Schneider
Nays:
4. Other Business:
None.
Meeting adjourned at 5:43 pm.
1
BRB August 28,2008 Pg. 12
Felix Lee, Building & Zoning Director Michael Smilie, Chairperson
w
Minutes to be approved by the Board at the May 29, 2008 Meeting
FORT COLLINS BUILDING REVIEW BOARD
Regular Meeting—April 24,2008
Chairperson:Michael Smilie one: 2264260
ouncil Liaison: Kelly Ohlson IStaff Liaison: Felix Lee 221-6760
A regular meeting of the Building Review Board was held on Thursday, April 24, 2008 in the
Council Chambers of the Fort Collins Municipal Building at 300 LaPorte Avenue, Fort Collins,
Colorado.
BOARDMEMBERS PRESENT:
David Carr
Jim Packard
Alan Cram
Michael Smilie
George Smith
Jeff Schneider
BOARDMEMBERS ABSENT:
Mike Gust
STAFF MEMBERS PRESENT:
Delynn Coldiron, Customer& Admin Services Manager
Felix Lee,Neighborhood and Building Services Director
AGENDA:
1. ROLLCALL
The meeting was called to order and rollcall was
2. APPROVAL OF MINUTES:
Packard made a motion t ove the minutes from March 27,2008.Carr seconded the motion.
Yeas: Carr, d Cram, Smilie, Smith, Schneider
Nays:
3 Proposed Rental Housing,Building Condition and Exterior Property Maintenance Codes—Beth
Sowder and Mike Gebo
Beth Sowder addressed the Board and provided information on the Exterior Property
Maintenance Codes. Her presentation is summarized as follows:
The property maintenance standards discussion emerged in 2005 following revisions to the
Occupancy Ordinance and other quality of life codes. To date,there have been four council work
sessions on this topic.
R
BRB March 24,2008 Pg.2
Staff has used the International Property Maintenance Code (IPMC), as well as research of
property maintenance codes implemented by other communities throughout Colorado and the
Country,as the primary resources for creating the code language being proposed.
According to the International Code Council, 654 jurisdictions nationwide have adopted the
IPMC with local amendments. 35 of those are Colorado jurisdictions.
On March 11,2008,Council directed staff to remove chipping/peeling paint and deteriorated
roofs/gutters from the Exterior Property Maintenance Codes. These items will now be included
in the new Building Conditions Code only when they present safety and/or structural issues.
Yards,where a significant amount of area is not covered with grass,would require ground
covering plants or other landscape materials such as; mulch, decorative gravel stone,paving
blocks,etc. The current recommendation is that no less than 80%of any yard area, excluding
sidewalks and driveways, shall be covered with grass, ground cover plants or other landscaping
material, such as mulch, decorative gravel, stone or paving bricks. This is due to the fact that
existing City code allows ornamental grasses to cover up to 20%of the yard.At Council
discretion, additional discussion about the percentage may occur at the next Council meeting on
May 20, 2008 (changed to July 15,2008).
The IPMC would also regulate fences when they are leaning significantly, are broken, loose,
damaged,or have removed or missing parts. Replacement or repairs of the fence will require that
compatible materials be used.
Another top concern for staff and Council is the assistance programs that are available to help
citizens with these kinds of situations. The intent is not to create hardships, but rather to maintain
a high level of neighborhood quality in Fort Collins. The common concern among all involved is
to provide assistance to those in need. Some of the assistance programs staff have identified are:
• LaHIP—Larimer Home Improvement Program
• Habitat for Humanity
• Adopt-A-Neighbor& Fall Clean-up
• CSUnity
• Board of Realtors projects
• Volunteer agencies(Jaycees,Volunteers of America, Interfaith Council,Homebuilder's
Association, CSU Student Leadership and Civic Engagement Office)
Ideas for new programs include the Paint-A-Thon and other business partnerships.
The Exterior Property Maintenance Code, along with the Building Conditions Code and Rental
Housing Code, are scheduled to go before Council on May 20. 2008.
Mike Gebo next addressed the Board. His presentation is summarized as follows:
The Dangerous Building Code has been renamed the Building Conditions Code. It is applicable
to all existing residential and nonresidential buildings.It includes all buildings ranging from
substandard, to unsuitable for occupancy,to dangerous.
i
BRB March 24,2008 Pg.3
The purpose of the Building Conditions Code is to protect, promote and enhance the physical
and economical health, safety,welfare and sustainability of our community with respect to
existing buildings(occupied or vacant),equipment and premises.
Some of the proposed changes to improve the current code are:
• To clarify that requirements are applicable to all buildings and structures;
• Establish a step-by-step approach to determine the type of unsafe building;
• Prescribe specific corrective actions;and
• Provide a clear distinction between aesthetic/appearance and substandard,unsuitable for
occupancy, and dangerous.
As part of this change, staff is recommending a vacant building notification program. A vacant
building is defined as a premises that is vacant or abandoned for more than I80 days or that has
been illegally entered.
Under this program, properties would be required to be registered at one-year intervals; contact
information provided,and the owner,would be required to continuously monitor the building and
keep it secured from illegal entry.
The three levels of housing condition hazards are:
Substandard Conditions: If neglected, could endanger the life,health and safety of the occupants
or public and includes: broken or missing steps; a leaking roof, sagging gutters,porches,
awnings; or an abandoned building with live electric.
Unsuitable for Occupancy: Includes items such as a lack of adequate exits;non-operable heating
equipment;vermin infestation; inoperable sewage disposal system; excessive mold/mildew; and
deteriorating foundation.
Dangerous: Includes items such as the presence of explosives;actual or probable structural
collapse; leaking gas appliances; or arcing electrical service to the building. This is defined as
imminent danger in the Building Code.
The Rental Housing Standards are regulations that prescribe minimum standards for basic living
conditions in rental housing. The minimum standards include: shelter, safe exits,heating,
sanitation, and bathroom facilities, lighting and ventilation.
This is a comprehensive update to the City's complaint-based and first local Rental Housing
Standards that were adopted in 1982.
The purpose is to enhance the health and safety of residents and improve consistency and equity
in the administration of the regulations.
The proposed revisions apply to all rental housing, including single-and multi-family dwellings,
hotels and rooming houses.
The proposed revisions do not require existing rental housing to retroactively comply with
current City Building Codes,except in instances where there are new additions or major
renovations.
i
BRB March 24,2008 Pg.4
Some of the significant revisions include:
• Basement bedrooms would be required to have compliant emergency escape/rescue
egress windows
• Permanent heating to maintain 68°F
• A minimum of two electrical outlets in every room
• Bathroom ventilation to the outside to prevent mold
• Smoke alarms in all bedrooms and in hallways
• Carbon monoxide alarms where gas appliances exist
• Insect screens available for use from May I —Nov 1
• Security locks on exterior windows and doors
The Rental Housing and Building Conditions Codes are proposed to go before Council on May
20,2008.
Staff intends to do educational promotion regarding yards and fences throughout 2008 with
regular enforcement to commence in January,2009.
Property Conditions&Rental Housing is scheduled for adoption in the summer of 2008 with
implementation occurring at the time of adoption.
The Board discussed the items that were presented. There was some concern expressed over the
requirement of property contacts and screens and the fact that there are already codes on the
books to address nuisance issues, as well as abandoned and illegally entered properties.
Generally,they did not feel that they had enough specific information regarding the Rental
Housing, Building Conditions and Exterior Property Maintenance Codes to make a
recommendation.
Smilie proposed that until there was more specific information provided regarding the Rental
Housing, Building Conditions and Exterior Property Maintenance Codes that the Board table
taking action on these items.
Cram made a motion to request that City Council postpone the May 20, 2008 hearing on these
items until the Board had a chance to see and study the specific code language for the Rental
Housing, Building Conditions and Exterior Maintenance Codes that were presented. Carr
seconded the motion.
Vote:
Yeas: Carr, Cram, Smilie,Schneider
Nays: Packard, Smith
4. Proposed Energy Code updates—Mike Gebo
Mike Gebo presented information on energy code updates. His w manned as
follows:
The In y onservation Code, as written,allows the use of both the IECC and the
HRAE for all multifamily dwellings below three stories. It references the 2004
i
Karla Smith-7.26.07.minutes.13ppvd.pdf Page 2
BRB July 26,2007 Pg.2
Les retail that the appellant has the opportmdy,to perthrm a renovatian in the exLNog baecment
of a commaciel building and that the work involved some structural moth icaticas wbkh fall
outride of the acops of his license. Lae stated that according to the appellam'e infbrmation,he
planted to work under the specific directives and obsuwtionr of Richard S.Beardmore,a
Iloeneed structural mgmeer and the projecteagineer for this job.
Lae mentioned that the appellant had done several jobs within the City of Fort Coll' t have
bem completed without incident moludmg twmmesvial alaaatm and roofing jo directed
the Board to additional project aepericnee that had been noted in the appeWm' tire.
The Bond heard testimony 5om the appellant,Byron,McGough. After statements,the
Bond dincussed the information tlut was presented. _
Great made a motion to deny We appellant's ngrwt. There was no and,therefore,We
motion died. Cur made a motion to approve the eeatiuoe regauted provided that
daily on-gift supervision be provided by the appellant. Smith the motion.
Vote:
Yess: Cxr;FrAnd,Little.SmiHe,Own,and Smith
Nays: Gust
4. Tim Kruse,d/Wa Gallo Building Services,LLC:
Lee introduced this appeal. He$Wad that thud applied fan an HVAC Hamm and
stpmvisor certificafe ad mtd that all been rubmittd with the exception of Saw of
the required project varifieatim tbma by ord'maooe Lao explained that the appellant
lad noted to his iefmoadon that he In be obtain the hdormuim required since his
reeo , were m intentimelly while in storage,as yell u due to the fad that big
burioea eooteets were no bngc Lee added thin the appellant paced the Cites HVAC
exam on July 1,2004,scorirrg %and then directed 0e Hard to the resume of appellants
arpaima,meeker with ' of Warding in other jurledictieos,that was included in the
Boarder punkah
/PwkwdCmm
bead Sam the appellant,Tim Kmx. After dosing sietemcna.the Board
he' Wet had been presented.
e on to approve the HVAC Iterate and supervisor artficate aryuestod with the
the appellant pus the arrant IfVAC exam prior to coy permit activity.ad that he
Of tome OmVlctd pro*ts t2 ofwhich must be new couuntction)
heat six months. Carr seconded the motion..
.Hale,Smilie.ad Smith
ed,Cram ad Gat
5. Bxtaior Properly MaiumancdDangmous Bwldm&%w l Housing Code Preserdatione:
Both Sowder,Neighborhood Service Mmagu,give a brief presentation on exterior property
_-� mainhoaoce codes. Mike Gebo, Building Code ear btepeotions Administrator, gave a brief
presauaon on dangaout buildinp and rental house codes.
i
Karla Smith -726.07.minutes.appvd.pdf Pa e 3
BRB tiny A 2007 Pg.3
Them was,dinuxtum on the information that was presented,suggestions offersd,ere. Bard
members wens approcia6w of the ioBmnution that was alined,
6. Other Business
Bard Member(lust requested that Felix review the Bond's directive In the City Code. Felix
reviewed Section 2-117 in the City Code,outlining the Boards fimeUm
Board Member Oat had some concern that the Bard has become too hat per providing temporary
Henna to Individuals who don't gray meet the requirements of the Bumming ordinance. He was
concerned that the Bond is,not providing good service to the City said the Com®mity by doing
this.
Them wan some agreement 6om other Bard Members that Bond decisions one too liberal and
that having a discussion related to min abject would be desirable.
It worm mentioned mat it is not a much On Bead's purpose to day a license,but to ensues that
dose who ere given one are a good oembaamr. Them was concern that them needs to be some
bsbmoe se that mere is support for the people who wan to opportunity to work here.
It warn mentioned the other contractors see,Sndiag ways to get the experience neceaery to get a
BOUND. Thee was wee feeling that the City is not here to help people lean,but to make am
that we have experienced contactors working in our City.
Due to time,it was suggeted that the Board have further discussion on this item at a future
Mocha&
Meeting s4orwed at 4:27 pm.
Felix Lot,Neighborhood R Building Services Mike SmBi%Bead Chxw
Director
I
CITY OF FORT L
AFFORDABLE HOUSINGING BOARD
MEETING MINUTES
281 N. College Ave.
Fort Collins,Colorado �.
September 6, 2007
Denise Rogers,Chair
Ken Waido, Staff Liaison,970-221-6753
City Council Liaison: Lisa Poppaw
Board Members Present: Denise Rogers, Jon Fairchild,Dan Byers, Pete Tippett,
Robert Sullivan, Marie Edwards, and Ben Blonder.
Board Members Absent: Ashley Monahan
Advance Planning Staff Present: Ken Waido
Council Members Present: None
Board Chair Denise Rogers called the meeting to order with a quorum present at 4:00
p.m.
Welcome New Board Members
Marie Edwards and Ben Blonder were recently appo' by the City Council to fill
vacancies on the Board.
Open Public Discussion
Maryln Keller from the Le of Women Voters reminded the Boarc of the bus tour of
Loveland's affordable sing projects to beheld on September 17 from 8 AM until
Noon.
Avvrov the Minutes of the July 12 2007 Meeting
ert Sullivan moved that the minutes of the July 12, 2007, meeting be approved. Dan
yens seconded the motion. The motion passed unanimously 7-0.
Proposed Property Maintenance Codes
Felix Lee,Neighborhood &Building Services Director, Beth Sowder, Neighborhood
Administrator, and Mike Gebo,Building Codes Services Manager from the
Neighborhoods &Building Services Department attended the meeting and made
presentations and answered questions on proposed ordinances to deal with Dangerous
Buildings,Property Maintenance, and Rental Housing Standards.
i
Staff presentation:
Exterior Property Maintenance
Focuses on exterior property maintenance related to:
Dirt/dead yards
Dilapidated fences
Excessive chipping/peeling paint
Deteriorated roofs and/or gutters
These items are not regulated by current codes
Recommendations
Property Maintenance Codes would:
• address&prevent neglected properties from deteriorating and
affecting entire neighborhoods
• be in the Nuisance Section(Sec. 20)of the Municipal Code
• Apply to all properties within the city limits
Current Concerns
No tools currently exist to address these exterior property maintenance
issues which could:
• Be detrimental to the well-being of neighborhoods
• Increase spread of neglect
• Cause further deterioration
• Ultimately result in dangerous premises
Need for Assistance
• Staff and Stakeholders agreed regarding the need for assistance programs
• Help those who cannot afford to make the repairs necessary to comply with
the codes
LaHIP
Larimer Home Improvement Program(LaHIP)offers assistance to
those in need for some of the proposed codes.
• Low or no interest loans or grants to qualified people.
• LaHIP does not apply to dirt yards or deteriorated fences and only
applies to owner-occupied homes
Other people and agencies can fill this gap.
i
The Board of Realtors are already working in conjunction with a church to help
people in need.
The Group Workcamps Foundation
Staff Will work to help resource supplies and volunteers.
Recommended Timeline
Year-long educational promotion in 2008 for adopted new codes prior to enforcement
& identify:
• where violations exist
• who needs financial assistance
• give people time to plan for improvements
to figure out if the City needs to increase funding of LaHIP or
other assistance programs in 2009.
Begin regular enforcement in 2009
Council History and Next Steps
Council Work Sessions
— September 12, 2006
— August 14, 2007
— Next Work Session scheduled for:
January 22, 2008
Board Questions and Discussion:
Jon Fairchild asked if the entire property would have to meet the standards or only what
is visible from the street. If alleys were included this would be a big deal. Jon stated that
several properties in his neighborhood would probably be identified as problems but
property values are rising in the neighborhood.
A: Just what is visible from the street.
Jon asked if old garages are included.
A: Just primary residences.
Robert Sullivan asked if the LaHIP program is just for owner occupied houses. If rental
units need improvements those improvement costs would be passed on to the renters.
Dan Byers asked about the penalties.
A: Penalties are not specific at this time. Likely will be a civil infraction. Notice will be
given with a time to comply. A graduated penalty fee of$100, $300, to $500 would
follow, then criminal action could follow that.
Staff presentation:
i
Dangerous Buildings Code
Dangerous Buildings defined in City of Fort Collins Code Chapter 5, Article II
Division 3: Unsafe,Dangerous or Nuisance Buildings, Structures, Equipment and
Premises
Replacing the 1976 Uniform Code for the Abatement of Dangerous Buildings
Scoping provisions, no change:
— Shall apply to all existing buildings and appurtenances, equipment,
facilities,utilities, accessory structures and the premises.
— Provides the City)nth a standard to be used in classifying any building,
structure, equipment and premise as dangerous, a nuisance or unfit to
occupy.
— Applicable when conditions endanger the life,health, property, safety or
welfare of the public or the occupants
— Provides the Building Official a legal process to require the repair or
abatement of buildings, structures and property declared"dangerous"
— Establishes responsibility of the owner and occupant
— Sets legal procedures for Notice of Violation and property posting
— Authorizes the City to abate the dangerous building or premise.
— Allows the City to assess property liens for cost of abatement.
— Establishes appeals and administrative review process.
Declaration of unfit to occupy due to:
— Lack of required hot or cold running water
— Lack of required adequate heating facilities
— Lack of required natural light and ventilation
— Excessive dampness in habitable rooms
— Lack of required sewage disposal
— Lack of required bathroom or bathing facilities
Declaration of dangerous (structural):
— Deteriorated or inadequate foundations
— Defective or deteriorated floor or roof structural supports
— Fireplaces or chimneys that list,bulge or settle due to defective material or
deterioration
Declaration of nuisance such as:
— Open vacant buildings that are attractive nuisance to children or vagrants.
i
— Whatever renders air, food or drink a health risk as determined by the
Health Officer.
— Defective or hazardous electrical,plumbing or mechanical (HVAC)
systems.
— Buildings or structures erected, altered or occupied contrary to law or
approved use.
— Buildings deemed unfit to occupy due to neglect or insect or vermin
infestation.
Proposed:
— Limit appeals to the Building Review Board of decisions by the Building
Official to any property owner or occupant within 800 feet of subject
property.
— Establishes that the exterior property can be declared dangerous
— Identifies emergency measures where imminent dangers exists.
— Establishes a program to monitor buildings vacant for more than 180 days.
Proposed: Mandatory Vacant-building Notification for:
I
A. "Boarded-up"buildings vacant more than 180 days, and
B. Any vacant building with"break-in"activity.
Owner and local contact information must be provided.
Limits approval of vacant building status to one year intervals.
Requires City review process and periodic inspections of the property.
Sets procedures for securing of doors and windows against unlawful entry.
Requires monitoring of the property to maintain locked and secured perimeter.
Orders the Vacant-building Notification recorded with the Larimer County.
Sets penalties for failure to comply.
Proposed: Exterior premises dangerous,e.g:
— Broken or unsound fences and walls,
— Deteriorated barriers around swimming pools or spa,
— Property infestations of rodents, insects or vermin,
— Abandoned excavations or improper drainage that allows for stagnant
water,
— Broken or settled sidewalks and driveways.
Cost:
— Usually no more than 4-6 buildings declared dangerous at any given time.
— Investigation/follow-up currently absorbed in the daily Building Code
Services operations.
— Cost for City to abate a dangerous building or condition is unknown.
n
— Cost recovery through lien process untested.
Board Questions and Discussion:
Pete Tippet asked about lead based paint and asbestos?
A: State regulations come into play, a state permit is required for demolition.
Ben Blonder asked about the time frame for enforcement.
A: Actually buildings could remain vacant for many years.
Ben asked if enforcement is complaint driven.
A: Yes.
Dan Byers asked if there will be more properties identified because of the new code.
A: Yes, especially vacant buildings(e.g., the old Steeles Market on Mountain Avenue).
Staff presentation:
Rental Housing Code
City of Fort Collins Code Chapter 5,Article VI Division 2: Rental Housing
Standards
Proposed Revisions
Why Proposed Revisions?
— Council asked for review&recommendations.
— Current Rental Housing Standards not substantially changed since enacted
in1982 .
— Proposed revisions incorporate minimum habitability standards in effect
over the past 50 years.
Purpose & Scope
— To establish minimum standards regulating facilities, utilities, occupancy,
repair and maintenance of all rental housing in the City.
— To safeguard life, health and property of inhabitants.
Ventilation
Proposed:
— Exterior obstructions not allowed within 3 feet of openings
required for ventilation.
— Operable windows held open by window hardware.
— Doors and windows weather-stripped to limit air infiltration to
extent practical.
A
— Doors and windows used for ventilation of habitable rooms
would require screens from April 1st to November 1st .
Bathrooms require mechanical ventilation to the exterior if no
openable window
Sanitation
Proposed:
— One water closet, lavatory and bathtub or shower for each four
sleeping rooms in"Extra-Occupancy Rental (boarding)
House".
— Prohibit carpeting or other absorbent floor finishes in wet and
food-preparation areas.
— Every water closet, bathtub or shower located in a room that
affords privacy.
Heating
Proposed:
Increase minimum heating capability of permanent heating
facilities for habitable rooms from 60 degrees to 68 degrees F.
Electrical '
Proposed:
— GFI protected outlets in bathrooms
— Lighting requirements for hallways and stairways serving
multiple dwellings
— Minimum of two electric outlets in every habitable space in a
dwelling
Emergency Rescue
Proposed:
— All bedrooms below grade level(basements)have one escape
and rescue window with min, clear opening of 720 square
inches and a max. sill height of 48 inches above the floor.
Smoke Detectors
Proposed:
w
All sleeping rooms and other locations as required by City
Building Code,have smoke alarms—operated by battery or
building electrical system.
Review and Appeal
Proposed:
— Limit appeals to the Building Review Board of decisions by the
Building Official to any property owner or occupant within 800
feet of subject property.
Public Outreach Comments
Landlord provides snow removal and lawn care equipment.
Require security locks on doors and windows.
Landlord provides window shades for privacy.
Each rental have posted City ordinances. relevant to rental properties.
Require Carbon Monoxide alarms in rental units with natural gas
appliances
Board Questions and Discussion:
Robert Sullivan asked if this will require landlord licensing.
A: No,this is complaint driven.
Robert had an issue with including such things as no doors and carpets.
Ben Blonder asked about basement ingress/egress windows that could cost$3,000 to
$5,000.
A: That would depend on the year the basement was converted to include bedrooms.
Jon Fairchild made some general comments:
Dangerous Buildings—the phrase "contrary to law" is too open.
Rental Housing- Good idea,there is the need to protect life and health,but
including requirements like doors on bathrooms are not life and health issues, the
City needs to be more careful.
Property Maintenance—Getting to aesthetics is too subjective. Complaints can
come from grudge matches between neighbors,could create animosity.
Maintenance and lawn watering have associated costs. Basically against this part
of the code.
Budgeting for Outco rocess
I
Planning, Development and Transportation Services
Planning& Zoning
City of Fort Collins
July 16, 2007
Felix Lee
Neighborhood & Building Services Director
RE: Recommendation to City Council to Adopt the 2006 International Property Maintenance Code
(IPMC)with local amendments that update the City Code regulating building conditions and rental
housing standards.
Thank you for the presentation to the Planning &Zoning Board at their work session on July 13, 2007 related
to the 2006 International Property Maintenance Code(IPMC)with local amendments that update the City Code
regulating building conditions and rental housing standards. Because minutes are not taken at the Board work
sessions, I wanted to let you know the Board appreciated the presentation and recommends its adoption by
City Council
Cameron Gloss
Current Planning Director
cc: Mike Gebo, Building Codes Manager
Beth Sowder, Neighborhood Manager
281 North College Avenue—P.O. Box 580—Fort Collins,CO 80522-0580—(970)221-6750—FAX(970)224-0134
FINAL DRAFT
ORDINANCE NO. 108, 2008
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 5 , ARTICLE 1I, DIVISION 3 , OF THE
CODE OF THE CITY OF FORT COLLINS
FOR THE PURPOSE OF ADOPTING THE 2006 INTERNATIONAL PROPERTY
MAINTENANCE CODE (IPMC) ®, WITH AMENDMENTS
WHEREAS , the current general building condition code adopted by the City is based on the
last and final version of the now defunct Uniform Code for the Abatement of Dangerous Buildings,
1976 edition, which was published by the former International Conference of Building Officials
(ICBO) ; and
WHEREAS , since 2000, ICBO dissolved following its merger with the other two former
nationally prominent building-code promulgating organizations, to emerge as the International Code
Council (ICC) ®; and
WHEREAS thousands of ICC member jurisdictions from across the country and around the
world, following extensive and ongoing deliberations, convened to cast final ballots for the approval
of the most recently published triennial group of the ICC model building codes, the 2006
INTERNATIONAL CODES ®, for the purpose of regulating the maintenance, alteration, movement,
enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition
of every type of building and premises ; and
WHEREAS , the City Council has determined that it is in the best interest of the health, safety
and welfare of the City and its citizens that the 2006 INTERNATIONAL PROPERTY
MAINTENANCE CODE® be adopted, with certain amendments to address local conditions and
concerns.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Chapter 5 , Article II, Division 3 of the Code of the City of Fort Collins is hereby
amended and revised in the following respects :
Section 1 . That Section 5 -46 subparagraph (a) of the Code of the City of Fort Collins
is hereby repealed and reenacted to read as follows :
(a) There is hereby adopted by reference, as the buikhng-Structure and Premise
Condition Code of the City, the 2006 International Property Maintenance Code
(IPMC) ®, published by the International Code Council (ICC)®, with local
amendments, as if set forth in full herein. The subject matter of the codes adopted
herein includes minimum requirements and standards for premises, structures,
equipment and facilities for light, ventilation, space, heating, sanitation, protection
from the elements, life safety, safety from fire and other hazards, and for safe and
sanitary maintenance; the responsibility of owners, operators and occupants ; the
FINAL DRAFT
occupancy of existing structures and premises, and for administration, enforcement
and penalties .
Section 2 . That Section 5 -47 Code of the City of Fort Collins is hereby repealed and
reenacted to read as follows :
Sec. 5-47. Amendments and deletions to Code.
The International Property Maintenance Code, 2006 Edition, adopted herein
is hereby amended and changed in the following respects :
Section 3 . That Sections 101 . 15 101 .2 are hereby amended to read as follows :
16101 . 1 Title. These regulations shall be known as the Property
*fairtenanceStructure and Premises Condition Code of THE CITY OF FORT
COLLINS hereinafter referred to as "this code . ""
" 101 .2 Scope. Except as otherwise specified, tThe provisions of this code shall
apply to all existing residential and nonresidential structures and all existing
premises and constitute minimum requirements and standards for premises,
structures, equipment and facilities for light, ventilation, space, heating, sanitation,
protection from the elements, life safety, safety from fire and other hazards , and for
safe and sanitary maintenance; the responsibility of owners, operators and occupants;
the occupancy of existing structures and premises, and for administration,
enforcement and penalties ."
Section 4 . That Section 102 .2 and 102 . 3 and 102 . 5 are hereby amended to read as
follows :
" 102.2 Maintenance. Equipment, systems, devices and safeguards required by this
code or a previous regulation or code under which the structure or premises was
constructed, altered or repaired shall be maintained in goodsound working
orderconditon. No owner, operator or occupant shall cause any service, facility,
equipment or utility which is required under this section to be removed from or shut
off from or discontinued for any occupied dwelling, except for such temporary
interruption as necessary while repairs or alterations are in progress. The
requirements of this code are not intended to provide the basis for removal or
abrogation of fire protection and safety systems and devices in existing structures .
Except as otherwise specified herein, the owner or the owner' s designated agent shall
be responsible for the maintenance of buildings, structures and premises . "
" 102.3 Application of other codes. Repairs, additions or alterations to a structure,
or changes of occupancy, shall be done in accordance with the procedures and
provisions of the International Building Code, International Fuel Gas Code,
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International Mechanical Code and the fee iEir&IicrdNational Electric Code and
all other applicable City codes . Nothing in this code shall be construed to cancel,
modify or set aside any provision of the Land Use Code . "
"102 .5 Workmanship. Repairs, maintenance work, alterations or installations
which are caused directly or indirectly by the enforcement of this code shall be
executed and installed in a workinatilike inatincrsound manner and installed in
accordance with the manufacturer ' s installation instructions . "
Section 5 . That Section 103 is hereby deleted in its entirety as follows :
official,DEPARTMENT OF PRE)PERT
and the execttfive official in charge thereof shall be known as the code offici
f 03 . 2 APPOintnicnt. The code official shall be appointcd by thc chief
mthority of the jurisdiction; and the codc official shall not be rcmovcd from office
except for cause and after full opporttmity to be heard on specific and relevan
charges by and before the appointing anthority.
103 . 3 Deptifies . fn accordance with the prescribed procedtires of this jurisdiction and
with the conettrrence of the appointing authority, the code official shall have the
other related technical >
code,and other cinployecs .
f 03 . 4 Eiabifity. The code official, officer or employee charged with the enforeemen
of this while for the >
to persons or property as a result of an act reqttired or permitted in the dischargc o
official dtifies . Any suit instittited against any officer or employee because of an ac
perfortned by that officer or empfoyce in the fawffif discharge of dntics and under the
of this code shall be defendcd by the fcgal mpresctitative of thc
junsdiction until the final termination of the procecdings . Thc codc official or-a"
subordinate shall not be liable for costs in an action, suit or proceeding that is
institnted in pttrsttance of the provisions of this code ; and any officer of the
Malicel shall bc free from liability for acts performed under any of its provisions o
by reason of any act or omission in fille performance of official duties in connectio
therewith .
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FINAL DRAFT
catrying ont its iesponsibilitics under this code shall be as indicated in the following
fie .
Section 6 . That Section 104 . 1 , 104 .2 , 104 . 3 , and 104 .4 are hereby amended to read as
follows :
" 104. 1 General. The Neighborhood and Building Services Director or such other
official as may be appointed by the City Manager shall serve as the executive
building official code official responsible for supervising the administration,
compliance, and enforcement of this Article . In the performance of said duties, such
official may delegate authority to the appropriate technical, administrative, and
compliance staff under the supervision of said official as he or she deems necessary.
The code official is hereby authorized to, and shall, enforce the provisions of this
code ."
" 104.2 Rule-making authority. The code official shall have authority as necessary
in the interest of public health, safety and general welfare, to adopt and promulgate
rules and procedures ; to interpret and implement the provisions of this code; to
secure the intent thereof; to enforce all provisions of this Code pursuant to the
authority granted by the Chief of Police and specified in City Code Section 2-
503 (b)(2) ; and to designate requirements applicable because of local climatic or
other conditions. Such rules shall not have the effect of waiving structural or fire
performance requirements specifically provided for in this code, or of violating
accepted engineering methods involving public safety."
" 104.3 Inspections. The code official shall make all of the required inspections, or
shall accept reports of inspection by approved agencies or individuals . All reports of
such inspections shall be in writing and be certified by a responsible officer of such
approved agency or by the responsible individual. The code official is authorized to
engage such expert opinion as deemed necessary to report upon unusual technical
issues that arise, subject to the approval of the appointing authority. Whenever
necessary to make an inspection to enforce any of the provisions of this Code or any
other section of the Code or Land Use Code or whenever the code official has
probable cause to believe that there exists in any building or upon any premises any
condition or violation which makes such building or premises substandard,
dangerous, unfit for occupancy, or unlawful, the code official may enter such
building or premises at all reasonable times to inspect it or to perform any duty
imposed upon the code official by this Code . If such building or premises is
occupied, the code official shall present proper credentials and request entry. If such
building or premises is unoccupied, the code official shall first make a reasonable
effort to locate the owner or other persons having charge or control of the building
or premises and request entry. If such entry is refused, or, if after reasonable efforts
to contact the owner or occupant, the owner or occupant cannot be found or fails to
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FINAL DRAFT
respond or consent to the request, the code official may seek an inspection warrant
from the Municipal Judge to secure entry for inspection or abatement. "
" 104.4 Right of entry.
premises at reasonable times to inspect subject tu CUITS 'LICUL, 1011al restrictions ot
unreasonable searches and seizures . if nitry is i-effised ot- iot obtaiiied , the code
official is authorized to pursue recotirse as provided by When the code official
has obtained a warrant or other remedy provided by law to secure entry, no owner
or occupant or any other persons having charge, care or control of any building or
premises shall fail or neglect, after proper request is made as herein provided, to
promptly permit entry therein by the code official for the purpose of inspection,
examination or abatement pursuant to this Code. Any such failure to permit entry
upon request pursuant to a valid inspection warrant shall be a misdemeanor
punishable by the provisions set forth in City Code Section 1 - 15 . "
Section 7 . That Section 105 .4 is hereby amended to read as follows :
" 105.4 Material and equipment reuse. Materials, equipment and devices shall not
be reused unless such elements are in good repairsound condition or have been
reconditioned and tested when necessary, placed in good and prqpersound working
condition and approved. "
Section 8 . That Sections 106 . 3 and 106 .4 are amended to read as follows :
" 106.3 Prosecution of violation. Any person failing to comply with a notice of
violation or order served in accordance with Section 107 shall be deemed guilty of
a misdemeanor or civil infraction as determined by in 106 .4,
and the violation shall be deemed a strict liability offense . If the notice of violation
is not complied with, the code official shall institute the appropriate proceeding at
law or in equity to restrain, correct or abate such violation, or to require the removal
or termination of the unlawful occupancy of the structure in violation of the
provisions of this code or of the order or direction made pursuant thereto . Any action
taken by the authority having jurisdiction on such premises shall be charged against
the real estate upon which the structure is located and shall be a lien upon such real
estate. "
" 106.4 Violation penalties. Any person who shall violate a provision of this eadt;
or f�il to comply therewith, or with any of th its thereof, shall be
proseented within the limits provided+y-stafe or local laws . Each day that a violatio
contitmes after due notice has been served shall be deemed a separate Any
person who violates Section 108 . 1 . 5 , or any notices or orders issued for a violation
of Section 108 . 1 . 5 , 108 .4 . 11 108 . 5 or any provision of Section 109 commits a
misdemeanor and is subject to a fine, imprisonment, costs and fees and any other
orders imposed in accordance with § 1 - 15 . Any person who violates any other
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FINAL DRAFT
provision of this Code is subject to the provisions of City Code Section 1 - 15 (f) . In
addition, the code official may revoke or suspend any permit or certificate issued by
the City with respect to the building, structure, premises or equipment. "
Section 9 . That Section 107 is hereby amended by the addition of a new Section 107 . 1 . 1
to read as follows :
" 107. 1 . 1 Responsibilities and obligations. Every owner and occupant shall be
subject to the responsibilities and obligations set forth in this Code as follows :
1 . Every owner remains liable for violations of duties imposed by this Code
even though an obligation is imposed on the occupants of the building and
even though the owner has by agreement imposed on the occupant or
property manager the duty of furnishing required equipment or of complying
with this Code. Nothing herein shall be construed as limiting or interfering
with in any way the right of any persons to establish by written contract
specific responsibilities of owners , property managers and occupants for the
purpose of leasing or renting a building or premises . Every owner or agent,
in addition to being responsible for maintaining the building in a sound
structural condition, shall be responsible for keeping that part of the building
or premises which the owner occupies or controls in a safe condition,
including the shared or public areas in a building containing two (2) or more
dwelling units .
2 . An owner shall not permit another person to occupy premises which are not
in a sanitary and safe condition and which do not comply with the
requirements of this Code .
3 . Occupants of a dwelling unit, rooming unit or housekeeping unit are
responsible for keeping in a clean, sanitary and safe condition that part of the
dwelling unit, rooming unit, housekeeping unit or premises which they
occupy and control.
4 . Every occupant shall, when required by this Code, the City Code or the
Health Officer, furnish and maintain approved devices, equipment or
facilities necessary to keep the premises safe and sanitary.
An owner of a building or premises remains liable for violations of this Code even
though an occupant or manager of those premises is responsible for the premises and
regardless of any agreement between the owner and another that imposes or attempts
to delegate responsibility for the premises to the other."
Section 10 . That Section 107 . 2 is hereby amended to read as follows :
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FINAL DRAFT
"107.2 Form. Such notice prescribed in Section 107 . 1 shall be in accordance with
all of the following :
-20 hiclude a description of the real estate sufficient for identificatioir.
3 , hiclude a statement of the violation or viofations and why the notice is being
4 . fnelude a correction order all _Ynable time to make the repairs and
1 %.4ulred to brin6 the dwelling unit or structure into
compliance wifli the provisions of this code .
5 , hiform the property owticr of the right to appcal .
6 . fnelude a statement of the right to file a lien in accordance with Sectio
f 06 . 3 .
(a) General . The code official and any officer, as the term officer is defined in
City Code Section 19-66 , are authorized to give written notice to any owner
or occupant whose building or property is in violation of the provisions of
this Code . Such notice may be personally served upon such person, or, if not
personally served, shall be deposited in the United States mail, addressed to
the owner of record at the address on the assessment roll of the Larimer
County Assessor or at such other, more recent address as may be available
to the city.
(b) Notice . The notice shall include a description of the real estate sufficient for
identification, include a statement of the violation or violations and why the
notice is being issued, and state that if the violation is not corrected on or
before the date and time stipulated in the notice, a citation may issue and the
correction or demolition may be done by the city and any costs of abatement,
repair or demolition, including the cost of inspection, the cost of any grading
or sloping necessary to protect the public safety and other incidental costs in
connection therewith and an amount not to exceed one hundred ( 100) percent
of the costs for carrying charges and costs of administration will be charged
against the property, in addition to any other penalty and costs or orders that
may be imposed. The notice shall also state that if the owner desires a
hearing before the Building Review Board to contest the declaration and
order of vacation, condemnation, repair, removal or demolition, such owner
shall request a hearing, in writing, to the code official within ten ( 10) days of
mailing of the notice . The notice shall further state that failure to timely file
a request for such hearing shall be a waiver of the right to contest the
declaration, assessment or order at any later date .
(c) Abatement. If the building or property has not been brought into compliance
with this Code within the time period set forth in the notice and, if the owner
has not requested a hearing before the Building Review Board to contest said
declaration or any other code official's orders as provided in Subparagraph
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( 1 ) above, the demolition or abatement may be performed by city personnel
or by private contractors, as the code official shall determine . In the event of
such demolition and abatement by the city, the cost, including inspection,
demolition and any other incidental costs in connection therewith, and an
amount not to exceed one hundred ( 100) percent of the costs for carrying
charges and administration shall be assessed against the offending property.
(d) Assessment. Any cost assessment shall be a lien in the several amounts
assessed against each property until paid and shall have priority over all other
liens, except general taxes and prior special assessment liens . If any such
assessment is not paid within thirty (30) days after it has been certified by the
code official and billed by the Financial Officer or his designee to the owner
by deposit in the United States mail addressed to the owner of record at the
address as shown on the tax rolls or such other, more recent address as may
be available to the city, and any agents, representatives or occupants as may
be known, the Financial Officer, or his designee is hereby authorized to
certify to the county Treasurer the list of delinquent assessments , giving the
name of the owner as it appears of record, the number of the lot and block
and the amount ofthe assessment plus aten-percent penalty. The certification
is to be the same in substance and in form as required for the certification of
other taxes . The county treasurer, upon receipt of such certified list, is hereby
authorized to place it upon the tax list for the current year and to collect the
assessment in the same manner as general property taxes are collected,
together with any charges as may by law be made by the county treasurer and
all laws of the state for the assessment and collection of general taxes,
including the laws for the sale of property for taxes, and the redemption
thereof shall apply to and have full force and effect for the collection of all
such assessments . Notwithstanding the foregoing, if the offending building
or property is not subject to taxation, the city may elect alternative means to
collect the amounts due pursuant to this Code, including the commencement
of an action at law or in equity and, after judgment, pursue such remedies as
are provided by law. "
Section 11 . That the title of Section 108 , along with Sections 108 . 1 , 1081 . 1 , 108 . 1 . 2 ,
108 . 1 . 3 and 108 . 1 A are hereby amended to read as follows :
"SECTION 108
UNSAfESAFETY OF STRUCTURES AND EQUIPMENT"
"108 . 1 General. When a str= I LUM M C4 "Ipnlent is found by the code official to
unsafe , or when a structure is found tinfit for human occupancy, or is found tinlawful ,
stich structure shaii be coiideimied pursuant to the provisions of this code . When any
structure or portion thereof is found to be substandard, unfit for human occupancy,
unlawful or dangerous, or when any equipment or fixture installed or used therein
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is found to be substandard, such condition shall be abated or otherwise corrected,
repaired, or removed pursuant to the provisions of this code"
" 108. 1 . 1 UnsakSubstandard structures. An unsafe structure is one that is found
to be dangerous a hazard to the life, health, property or safi�� of the public or the
occupants of the structure by not providing ininimuin A substandard
structure is one that may pose a risk to the life, health, property or safety of the
occupants thereof or the public, even though it does not constitute a dangerous
structure as defined in Section 108 . 1 . 5 , either because the structure lacks the
equipment necessary to protect or warn occupants in the event of fire, or because
such structi it contains unsafesubstandard or missing equipment, systems or
fixtures , or is so damaged, decayed, dilapidated, or structurally unsound substandxror of such fiulty construction or unstable foundation, that partial or completeto
collapse is possible. "
" 108. 1 .2 UnsafeSubstandard equipment and fixtures. UnsafeSubstandard
equipment or fixtures may includes any boiler, heating equipment, elevator, moving
stairway, electrical wiring or device, flammable liquid containers, potable water,
plumbing, sanitation systems or fixtures, or other equipment on the premises or
within the structure which is in such disrepair or unsound condition that suchthe
equipment or fixtures pose a potential is risk to life, health, property or
safety of the public or occupants of the premises or structure. "
" 108. 1 .3 Structure unfit for human occupancy. A structure is unfit for human
occupancy whenever the code official finds that such structure is unlawful
or, because of the degree to which the structure is in disrepair or lacks maintenance,
is insanitaryunsanitary, vermin or rat infested, contains filth and contamination, or
lacks ventilation, illumination, sanitary or heating facilities or other essential
equipment required by this code, or because the location of the structure constitutes
a hazard to the occupants of the structure or the public ."
" 108. 1 .4 Unlawful structure. An unlawful structure is one found in whole or in
part to be occupied by more persons than permitted under this code, the City Code
or any other code adopted by the City, or which structure was erected, altered or
occupied contrary to law."
Section 12 . That Section 108 is hereby amended by a new Section 108 . 1 . 5 which reads
in its entirety as follows :
" 108. 1 .5 Dangerous structure or premises. A structure or premises is dangerous
if any part, element or component thereof is no longer within its serviceability limit
or strength limit state as defined in this code or, when considered in totality, the
structure or premises pose an imminent threat to the health and safety of the public
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or the occupants of the structure or premises as referenced in Appendix A of this
code ."
Section 13 . That Section 108 .2 is hereby amended as follows :
" 108.2 Vacant Buildings and structures.
(a) General . 00sing of vacant structmes . f When a building or the-structure is
vacant and unsecured or unfit for human habitation and occupancy, and is not in
danger of structural the code official is authorized to post a placard o
condenniation"Vacant Building Notice" on the premises and order the structure
closed up so as not to be an attractive nuisance . Upon failure of the owner to close
up the premises within the time specified in the order, the code official shall cause
the premises to be closed and secured through any available public agency or by
contract or arrangement by private persons and the cost thereof shall be charged
against the real estate upon which the structure is located and shall be a lien upon
such real estate and may be collected by any other legal resource ."
Section 14 . That Sections109 . 1 , 109 . 2 , 109 . 3 and 109 . 5 are hereby
amended to read as follows :
" 109. 1 Imminent danger. When, in the opinion of the code official, there is
imminent danger of failure or collapse of a building or structure which endangers
life, or when any structure or part of a structure has fallen and life is endangered by
the occupation of the structure, or when there is actual or potential danger to the
building occupants or those in the proximity of any structure because of explosives,
explosive fumes or vapors or the presence of toxic fumes, gases or materials, or
operation of defective or dangerous equipment, the code official is hereby authorized
and empowered to order and require the occupants to vacate the premises forthwith.
The code official shall cause to be posted at each entrance to such structure a notice
reading as follows : "This Structure Is Unsafe Dangerous and Its Occupancy Has
Been Prohibited by the Code Official. " It shall be unlawful for any person to enter
such structure except for the purpose of securing the structure, making the required
repairs, removing the hazardous condition or of demolishing the same. "
" 109.2 Temporary safeguards. Notwithstanding other provisions of this code,
whenever, in the opinion of the code official, there is imminent danger due to an
unsafe dangerous condition, the code official shall order the necessary work to be
done, including the boarding up of openings, to render such structure temporarily
safe whether or not the legal procedure herein described has been instituted; and
shall cause such other action to be taken as the code official deems necessary to meet
such emergency. "
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" 109.3 Closing streets. When necessary for public safety, the code official shall
temporarily close structures and close, or order the authority having jurisdiction to
close, sidewalks, streets, public ways and places adjacent to unsafe dangerous
structures, and prohibit the same from being utilized. "
"109 . 5 Costs of emergency repairs. For the purposes of this section, the code
official shall employ, or cause to be employed, the necessary labor and materials to
perform the work required as expeditiously as possible . Costs incurred in the
performance of emergency work shall be paid by the jurisdiction. The legal counsel
of the jurisdiction shall institute appropriate action against the owner of the premises,
including a lien upon the property pursuant to Section 107 .2 where the misafe
dangerous structure is or was located for the recovery of such costs . "
Section 15 . That a new Section 109 . 5 . 1 is added to Section 109 to read as follows :
" 109.5. 1 Disconnection of service utilities. The code official shall have the
authority to authorize disconnection of utility service to the building, structure, or
system regulated by this Code and the other codes referenced in case of emergency
where necessary to eliminate an immediate hazard to life or property. The code
official shall notify the serving utility and, wherever possible, the owner and
occupant of the building, structure, or service system of the decision to disconnect
prior to taking such action. If not notified prior to disconnecting, the owner or
occupant of the building, structure, or service system shall be notified in writing as
soon as feasible thereafter."
Section 16 . That Section 110 . 1 is hereby amended to read as follows :
" 110. 1 General. The code official shall order the owner of any premises upon which
is located any structure, which in the code official ' s judgment is so old, dilapidated
or has become so out of repair as to be dangerous, nnsafe, unsanitary or otherwise
unfit for human habitation or occupancy, and such that it is unreasonable to repair
the structure, to demolish and remove such structure ; or if such structure is capable
of being made safe by repairs, to repair and make safe and sanitary or to demolish
and remove at the owner' s option; or where there has been a cessation of normal
construction of any structure for a period of more than two (2) years, to demolish and
remove such structure. "
Section 17 . That Section I I I is hereby amended by revising the Section in its entirety to
read as follows :
"SECTION 111
APPEALS AND ADMINISTRATIVE REVIEW
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111 . 1 General. Except as otherwise provided for in City Code Section 19-36 et
seq. , the Building Review Board as established in City Code Section 2- 117 shall
serve to provide final interpretation of the provisions of this Code and to review the
code official's orders .
111 .2 Application for review. Any person directly affected by an order or decision
of the code official shall have the right to seek a final interpretation or other review
by the Building Review Board under the provisions of this Section provided that a
written application for appeal is filed. Such persons shall include, but not be limited
to, the record owner; the holder of any mortgage or deed of trust or other lien or
encumbrance of record; any leaseholder of record; the holder of any other estate or
legal interest or record in the building or the property on which the building is
located; any occupants of such building or property ; and the occupants of any other
property within eight hundred (800) feet of the subject property.
111 .3 Application form. An application for hearing shall be in writing on forms
provided by the City and shall be based upon a claim that the true intent of this code
or the rules legally adopted thereunder have been incorrectly interpreted, the
provisions of this code do not fully apply, or the requirements of this code are
adequately satisfied by other means . Such form shall include the following : a brief
statement setting forth the legal interest of each of the appellants in the building or
the land involved in the notice and order; a brief statement in ordinary and concise
language of that specific order or action protested, together with any material facts
claimed to support the contentions of the appellant; a brief statement in ordinary and
concise language of the relief sought and the reasons why it is claimed the protested
order or actions should be reversed, modified or otherwise set aside ; the signatures
of all parties named as appellants and their official mailing addresses ; and a request
for stay of enforcement.
111 .4 Filing period. The appeal shall be filed within ten ( 10) days from the date of
service of such order or the action of the code official. If the building or structure is
in such condition as to make it immediately dangerous to the life, property or safety
of the public or adjacent property and is ordered vacated and is posted, such appeal
shall be filed within five (5) days from the date of the service of the notice and order
of the code official. The failure of the code official to serve any person required
herein to be served shall not invalidate any proceedings .
111 .5. Hearing period. Upon receipt of any appeal filed pursuant to this Section,
the Code official shall present the appeal to the Building Review Board at a regular
or special meeting held as soon as practicable after proper notice, but not more than
forty-five (45) days from the date that the appeal was filed.
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111 .6 Hearing procedures. The appeal shall be heard pursuant to the procedures
specified in City Code Section 2-47 et seq. Only those matters or issues specifically
raised by the appellant shall be considered in the hearing of the appeal.
111 .7 Failure to file request for review. Failure of any person to file an
application for a review hearing shall constitute a waiver of the right to an
administrative hearing and adjudication of the notice and order or to any portion
thereof.
111 .8 Staying of order under review. Except for emergency measures and posting
orders made pursuant to this Code, enforcement of any notice and order of the code
official issued under this Code may be stayed during the pendency of the review
therefrom which is properly and timely filed. "
Section 18 . That Section 201 . 3 is hereby amended to read as follows :
"201 .3 Terms defined in other codes. Where terms are not defined in this code
and are defined in the City Code, the Land Use Code and any other code adopted by
reference in the City Code, including International Building Code, hYte -na , bFire
Code, , International Plumbing Code, International
Mechanical Code or the National Electric Code (NEC) , such
terms shall have the meanings ascribed to them as stated in those codes. "
Section 19 . That Section 202 is amended by the addition of thirty three (33 ) new
definitions to the list of terms therein in alphabetical sequence of such list to read as follows :
"ABANDONED. Any building or premises covered under this Article that is
unoccupied or vacant and in such a state of disrepair, lack of maintenance, or neglect
as to pose a public nuisance .
ADDITION . An extension or increase in floor area, number of stories, or height of
a building or structure.
ALTERATION. Any construction or renovation to an existing structure other than
repair or addition.
ANCHORED . Affixed in a manner that provides a connection that is secured in a
sound condition.
CEILING HEIGHT. The perpendicular distance measured from the finished floor
in a room or other interior space to the finished ceiling or surface above .
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DETACHED. When a structural element is physically disconnected from another
and that connection is necessary to provide a connection that is secured in a sound
condition.
DETERIORATION. To weaken, disintegrate, corrode, rust or decay and lose
effectiveness and is no longer is sound condition.
EQUIPMENT SUPPORT. Those structural members or assemblies of members
or manufactured elements, including braces, frames, lugs, snuggers , hangers or
saddles, that transmit gravity load, lateral load and operating load between the
equipment and the structure .
EXCAVATION or FOUNDATION, ABANDONED or EXPOSED . Any outdoor
open hole, pit, foundation or other excavation, or depression, deeper than twenty-
four (24) inches below the surrounding ground elevation other than a well, whether
excavated by human activity or created by natural forces, including any excavation
or foundation intended for a building, pool, pond or other decorative or recreational
feature and not backfilled within one hundred eighty ( 180) days of such excavation
or foundation work, or when there is no valid active building permit for such work,
as well and any other type of excavation that poses a health or safety hazard or
otherwise poses a public nuisance, except those approved temporary retention ponds
and detention ponds and other water features such as pools, ponds, and similar
approved excavations designed for recreational or aesthetic purposes that are
maintained in a condition that does not pose a health or safety hazard and is not a
public nuisance.
FLOOD HAZARD AREA. All references to "flood hazard" and "areas prone to
flooding" in this code and appendices adopted therewith shall be as specified in the
Code of the City, "Chapter 10, Flood Prevention and Protection. "
GRADE (ADJACENT GROUND ELEVATION) . The lowest point of elevation
of the finished surface of the ground, paving or sidewalk with the area between the
building and the property line or, when the property line is more than five (5) feet
( 1 . 524 m) from the building, between the building and a line five (5) feet ( 1 . 524 m)
from the building.
HAZARDOUS. Whatever is dangerous to human life or is detrimental to the public
health as determined by the Health Officer, the Fire Marshal, or the Code official.
HEALTH OFFICER. The legally designated head of the Larimer County
Department of Health and Environment or such person ' s authorized agent.
HISTORIC BUILDING is a building or structure that has been designated by
official action of the legally constituted authority of this City as having special
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historical, architectural or geographical significance . For purposes of this Code, this
term shall also include buildings or structures listed in the State Register of Historic
Properties as published by the Colorado Historical Society and the National Register
of Historic Places as published by the U. S . Department of the Interior.
HOT WATER. Heated water supplied to plumbing fixtures at a temperature of not
less than one-hundred ten ( 110) degrees Fahrenheit.
LIMIT STATE. A condition beyond which a structure or member becomes unfit
for service and is judged to be no longer useful for its intended function
(serviceability limit state) or to be unsafe (strength limit state) .
LOAD-BEARING ELEMENT. Any column, girder, beam, joist, truss, rafter, wall,
floor or roof sheathing that supports any vertical load in addition to its own weight
or any lateral load.
NEGLECT. The lack of adequate maintenance for a building or structure .
PRIMARY FUNCTIONS. A major activity for which the facility is intended.
Areas that contain a primary function include, but are not limited to, the customer
service lobby of a bank, the dining area of a cafeteria, the meeting rooms in a
conference center, as well as offices and other work areas in which the activities of
the public accommodation or other private entity using the facility are carried out.
Mechanical rooms, boiler rooms, supply storage rooms, employee lounges or locker
rooms, janitorial closets are not areas containing a primary function. Entrances,
corridors and restrooms are considered areas containing a primary function.
PROPERTY MANAGER. Any person, group of persons, company, firm or
corporation charged with the care and control of a building, structure or premises
who performs services with respect to such building, structure or premises under a
contract with the owner thereof or who otherwise acts as representative of an owner
with respect to such building, structure or premises .
RENTAL DWELLING UNIT. One ( 1 ) or more rooms occupied or intended to be
occupied as a unit exclusively for residential purposes that is leased, rented or sublet
for compensation (including money or services or the sharing of expenses) and that
is located in a boarding house or a single-family, two-family or multi-family
dwelling.
RENTAL HOUSING. Any building or mobile home or portion thereof, including
the lot, tract or parcel of land on which the same is located, containing any dwelling
unit, or guest room which is leased, rented or sublet to a family or person(s) for
compensation.
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REPAIR. The restoration to sound condition of any part of an existing building for
the purpose of its maintenance .
SOUND CONDITION. A condition that is fully-functional, operational and
substantially free from decay, deterioration, damage or other defects and capable of
performing the tasks for which designed and in the manner intended without risk of
injury or damage to persons or adjoining property resulting from detachment or
failure of such elements or components thereof.
STRUCTURAL MEMBER. A component of a structure that is essential to the
structure ' s intended purpose and design, and without which the structure is incapable
of safely fulfilling its intended purpose and supporting the design loads imposed
upon the structure .
SUBSTANDARD. Condition(s) that through neglect, deterioration, or damage no
longer meet the minimum requirements of the currently adopted code as it relates to
the specific condition(s) identified. Even though such condition(s) may not be found
dangerous at the time of their discovery, such condition(s), if not corrected, may pose
a risk to the health and safety of the public, the occupants or property thereof
pursuant to Section 108 . 1 . 5 .
SUBSTANTIAL DAMAGE. For the purpose of determining compliance with the
flood provisions of this code, damage of any origin sustained by a structure whereby
the cost of restoring the structure to its before-damaged condition would equal or
exceed fifty (50) percent of the market value of the structure before the damage
occurred.
SUBSTANTIAL IMPROVEMENT. For the purpose of determining compliance
with the flood provisions of this code or the City Code, any repair, alteration,
addition, or improvement of a building or structure, the cost of which equals or
exceeds fifty (50) percent of the market value of the structure before the
improvement or repair is started. If the structure has sustained substantial damage,
any repairs are considered substantial improvement regardless of the actual repair
work performed. The term does not, however, include either: ( 1 ) any project for
improvement of a building required to correct existing health, sanitary, or safety code
violations identified by the code official and that is the minimum necessary to assure
safe living conditions ; or (2) any alteration of a historic structure, provided that the
alteration will not preclude the structure ' s continued designation as a historic
structure .
SUBSTANTIAL STRUCTURAL DAMAGE. A condition where : ( 1 ) in any story,
the vertical elements of the lateral-force resisting system, in any direction and taken
as a whole, have suffered damage such that the lateral load-carrying capacity has
been reduced by more than twenty (20) percent from its pre-damaged condition; or
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(2) the vertical load-carrying components supporting more than thirty (30) percent
of the structure ' s floor or roof area have suffered a reduction in vertical load-carrying
capacity to below seventy-five (75) percent of the City Building Codes required
strength levels calculated by either the strength or allowable stress method.
SUBSTANTIALLY PLUMB . A wall or other vertical member shall be considered
substantially plumb when a plumb line passing through the center of gravity does not
fall outside the middle one-third ( 1 /3 ) of the base .
TECHNICALLY INFEASIBLE. An alteration of a building or a facility that has
little likelihood of being accomplished because the existing structural conditions
require the removal or alteration of a load-bearing member that is an essential part
of the structural frame, or because other existing physical or site constraints prohibit
modification or addition of elements, spaces or features which are in full and strict
compliance with the minimum requirements for new construction and which are
necessary to provide accessibility.
ULTIMATE DEFORMATION. The deformation at which failure occurs and
which shall be deemed to occur if the sustainable load reduces to eighty (80) percent
or less of the maximum strength.
VACANT. The state of a premises or structure thereon being indefinitely
uninhabited or unoccupied by lawfully authorized tenants, owners , and other
persons . "
Section 20 . That the definition of "Bedroom " contained in Section 202 is hereby amended
to read as follows :
"BEDROOM. Any roorn or space used or intended to be used for sleeping pnrposcs
in either a dwelling or sleeping un A habitable room within a dwelling unit
designed primarily for the purpose of sleeping. Built-in features such as closets and
similar storage facilities shall not be considered as relevant factors in determining
whether or not a room is a sleeping room."
Section 21 . That the definition of "Habitable space" contained in Section 202 is hereby
amended to read as follows :
"HABITABLE ROOM SPACE . Space in a structure for living, sleeping, eating
or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and
similar areas are not considered habitable room spaces ."
Section 22 . That the definition of "Infestation " contained in Section 202 is hereby
amended to read as follows :
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"INFESTATION. The presence , within or configuous to,
of insects, rats, vermin or other The presence of insects, rats, vermin or other
pests in such large numbers within or contiguous to a structure or premises as to be
harmful to the occupants or the public . "
Section 23 . That the definition of "Inoperable Motor Vehicle" contained in Section 202
is hereby deleted in its entirety as follows :
power.1NOPERABLE N109FOR VEHICLE . A vehicile which cannot be driven upon the
public streets for reason including but not limited to being unficensed, wrecked,
abandoned, in a state of disrepair, or incapabte of being moved ntider its own
Section 24 . That the definition of "Let for Occupancy or LET' contained in Section 202
is hereby amended to read as follows :
"LET FOR OCCUPANCY OR LETRENT . To permit, provide or offer possession
or occupancy of a dwelling, dwelling unit, rooming unit, building, premise or
structure by a person who is or is not the legal owner of record thereof, pursuant to
a written or unwritten lease, agreement or license, or pursuant to a recorded or
unrecorded agreement of contract for the sale of land. "
Section 25 . That the definition of " Owner" contained in Section 202 is hereby amended
to read as follows :
"OWNER. Any person, agent, operator,
equitabic intcrcst in the property; or rccorded in the officiaf records of the state ,
county or tymnicipality as holding title to the property; or otherwise having Control
of the property, including the guardian of the estate of any such person, and the
executor or administrator of the estate of such person if ordered to take possessio!
Any person whose name appears on the tax bill for the
property or who, alone or jointly or severally with others, has legal title to any
dwelling or dwelling unit, with or without actual possession thereof, or has charge,
care or control of any dwelling or dwelling unit as owner, executor, executrix,
administrator, trustee, guardian of the estate of the owner, mortgagee or assignee of
rents . Owner shall not include, except for vacant structures or premises as provided
for in state law, any person, group of persons, company, association or corporation
who holds only a security interest or easement on the real property upon which the
dwelling or dwelling unit is situated. "
Section 26 . That the definition of "Rubbish" contained in Section 202 is hereby deleted
in its entirety as follows :
materials ,RUBBfSH. eom-bustible and noncombustible waste except garbage ;
the
term shall include the residne from the burning of wood, coal, coke and othel-
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paper,combnstiHe materials, ,
tree branches , yard > >
Crockcry and
dust and other similar materials .
Section 27 . That the definition of " Tenant' contained in Section 202 is hereby amended
to read as follows :
"TENANT. A person, corporation, partnership or group, whether or not the legal
owner of record, occupying a building or portion thereof as a unit pursuant to a
written or unwritten lease, agreement or license, or pursuant to a recorded or
unrecorded agreement of contract for the sale of land. "
Section 28 . That the definition of " Workinanlike " contained in Section 202 is hereby
deleted in its entirety as follows :
plumb, ,
square, in line, undamaged and without marring adjaeent wol
Section 29 . That Section 302 . 2 is hereby amended to read as follows :
"302.2 Grading and drainage . All premises shall be graded and maintained to
prevent the erosion of soil and to prevent the accumulation of stagnant water thereon,
or within any structure located thereon. Drainage of paved areas, yards and courts,
and other open areas on the premises shall not be discharged in a manner that creates
a public nuisance . Abandoned or unprotected excavations shall be considered a
nuisance and shall be filled to the original or adjoining site elevation.
Exception : Approved retention areas and reservoirs and temporary retention ponds,
detention ponds, channels and other water features such as pools, ponds, and similar
approved excavations designed for recreational or aesthetic purposes that are
maintained in a condition that does not pose a health or safety hazard, or a public
nuisance ."
Section 30 . That Section 302 . 4 is hereby deleted in its entirety as follows :
provided;302 .4 'Weeds . All premises and e I X X hrty shall be maintained free frot
weeds or plant growth in excess of Ottrisdiction to insert height in inelies) . All
noxions weeds shaff be Prohibited. Wceds shall be defined as aff grasses , antmall
plants and vegetation, other than trees or shrubs however,
this term shall
not inelude eultivated flowers and gardens . Upon f�ilttre of the owner or agent
having charge of a property to cut and destroy weeds after service of a notice 0
as preseribed by the authority having jurisdiction. Upon f�ilttre to comply with the
notice of violalion� any duly authorized employee of the jurisdietion or eontractoir
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hired by the jurisdiction shall be anthorized to enter upon the i0latio!
and cvt and dcstroy the wceds growing thcrcon, and the costs of such rcmovaf Shall
be paid by the owner or agent rcsponsible for the property.
Section 31 . That Sections 302 . 5 and 302 . 7 are hereby amended to read as follows :
"302. 5 Rodent hai boi ageInfestation , All structures and exterior property shall be
kept free from rodcnt harborage and infestation by rodents, insects, and other vermin.
Where rodents are found, the any such infestation is found, it shall be promptly
exterminatedremedied by approved extermination or other processes which wilithat
are not injurious to human health. After extcrinination, proper precavt , and
adequate measures shall thereafter be undertaken to eliminate rodent harborage and
prevent reinfestation. The owner of any building or structure shall be responsible for
extermination within the structure prior to renting or leasing such. In a structure
containing dwelling unit(s) or in a nonresidential structure, the owner(s) thereof shall
be responsible for extermination in the public or shared areas of the structure and
exterior premises ."
"302 . 7 Accessory structures. All accessory structures, including detached garages,
fences and walls, shall be maintained in structurally sound and in good rCliall
condition" .
Section 32 . That Sections 302 . 8 and 302 . 9 are hereby deleted in their entirety as follows :
damage,302.8 Motor vehicles. Except as provided for in other rcgvlations, no inoperative
or unficensed motor vehicle shall be parked, kept or stored on and no
vehicle shall at any time be in a state of major disassembly, disrepair, or in th�t
process of being stripped or dismanded. Painting of vehicles is prohibited unless
condtictcd inside an approved spray booth.
Exception. A vehicle of annitted to undergo major overhaul, including
body work, provided that stich work is performed inside a structure or similarly
encfosed area desigticd and approved for sttch purposes .
302 .9 Defacement of property. No person shall wiliffilly or wantonly
nTutilate or deface any exterior surface of any stmeture or building on any private o
public property by pfacing thereon any marking, carving ot gtaffifi . ft shall be tf=a
responsibility of the owner to restore said snrf�cc to an approvcd state of
maintenance and repair.
Section 33 . That Sections 303 . 1 and 303 . 2 are hereby amended to read as follows :
"303 . 1 Swimming pools. Swimming pools shall be maintained in a parr and
sanitary and sound condition, and in good repai "
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"303.2 Enclosures. Private swimming pools, hot tubs and spas, containing water
more than twenty four (24) inches (610 mm) in depth shall be completely surrounded
by a fence or barrier at least forty eight (48) inches ( 1219 mm) in height above the
finished ground level measured on the side of the barrier away from the pool. Gates
and doors in such barriers shall be self-closing and self-latching. Where the self-
latching device is less than fifty four (54) inches ( 1372 mm) above the bottom of the
gate, the release mechanism shall be located on the pool side of the gate . Self-closing
and self-latching gates shall be maintained such that the gate will positively close
and latch when released from an open position of six (6) inches ( 152 mm) from the
gatepost. No existing pool enclosure shall be removed, replaced or changed in a
manner that reduces its effectiveness as a safety barrier.
Exception : Spas or hot tubs with a safety cover that complies with ASTM F 1346
shall be exempt from the provisions of this section."
Section 34 . That Section 304. 1 is hereby amended to read as follows :
"304. 1 General. The exterior of a structure shall be maintained in good repair,
structurally sound and sanitary condition so as not to pose a threat to the public
health, safety or welfare of the occupants thereof, the occupants of any adjoining
properties, or of the public .
Exterior substandard conditions as described in Appendix A of this code shall be
corrected as determined by the code official .
Exception : Owner-occupied, detached, single-family dwellings in which no rooms
are leased or rented. "
Section 35 . That Sections 304 .2, 304 . 3 , 304. 5 , 304 . 6, 304 . 7, 304. 8, 304 . 9, 304 . 10, 304 . 11 ,
304, 125 304 , 135 304 . 14 and 304 . 15 are hereby amended to read as follows :
"304.2 Protective treatment. All exterior surfaces, including but not limited to,
doors, door and window frames, cornices, porches, trim, balconies and decks and
fences shall be maintained in gmdsound condition. Exterior wood surfaces, other
than decay-resistant woods, shall be protected from the elements and decay by
painting or other protective covering or treatment. Peeling, flaking and chippe
pPaint or any other coating or treatment that is designed to serve as a protective
covering shall be eliminated and surfaces repainted or otherwise treated if the paint
or other coating is peeling, flaking or chipped and if the affected area exceeds
twenty-five (25 ) percent of the exterior surface to be protected. All siding and
masonry joints as well as those between the building envelope and the perimeter of
windows, doors, and skylights shall be maintained sound, weather resistant and water
tightcapable of preventing the intrusion of water and moisture resulting from normal
precipitation into the structural and non-structural interior assemblies . All metal
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surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion
and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future
rust and corrosion. Oxidation stains shall be removed from exteriar,unless such
surfaces areSurfaces designed for stabilization by oxidationare exempt from thios
reqtnrerrreirt.
"304.3 Premises identification. Buildings shall have approved address numbers
placed in a position to be plainly legible and visible from the street or road fronting
the property. These numbers shall contrast with their background. Address numbers
shall be Arabic numerals or alphabet letters . Numbers shall be a minimum of four (4)
inches ( 102 mm) high with a minimum stroke width of one-half (0 . 5) inch ( 12 . 7
mm) 55
"304.5. Foundation walls. All foundation walls shall be maintained in stable and
sound condition, substantially plumb and free from open cracks and breaks and shall
be kept in such condition so as to prevent the entry of rodents and other pests. "
"304.6 Exterior walls. All exterior walls shall be free from holes, breaks, and loose
or rotting decayed materials ; and maintained weatherproof and properly adequately
surface-coated where required to prevent deterioration. "
"304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not
have defects that admit rain. Roof drainage shall be adequate to prevent dampness
or deterioration in the walls or interior portion of the structure . Roof drains, gutters
and downspouts shall be maintained in good repair sound condition and free from
obstructions. Roof water shall not be discharged in a manner that creates a public
nuisance."
"304.8 Decorative features. All cornices, belt courses, corbels, terra cotta trim,
wall facings and similar decorative features shall be maintained in good repair sound
condition with proper anchorage and in a safe condition. "
"304.9 Overhand extensions. All overhand extensions including, but not limited
to canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust
ducts shall be maintained in goodrepair sound condition and be properly anchored
so as to be kept in a sound condition. When required, all exposes surfaces of metal
or wood shall be protected from the elements and against decay or rust by periodic
application of weather-coating materials, such as paint or similar surface treatment."
"304. 10 Stairways, decks, porches and balconies. Every exterior stairway, deck,
porch and balcony, and all appurtenances attached thereto, shall be maintained
structurally sound, in , with proper anchorage and capable of supporting
the imposed loads ."
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"304. 11 Chimneys and towers. All chimneys, cooling towers, smoke stacks, and
similar appurtenances shall be maintained structurally safe and and in good
repair sound condition. All exposed surfaces of metal or wood shall be protected
from the elements and against decay or rust by periodic application of weather-
coating materials, such as paint or similar surface treatment."
"304. 12 Handrails and guards. Every handrail and guard shall be firmly fastened
and capable of supporting normally imposed loads and shall be maintained in
gaadsound condition. "
"304. 13 Window, skylight and door frames. Every window, skylight, door and
frame shall be kept in sound condition,good rcpair and weather tight. "
"304. 14 Insect screens. During the period from f B TflApril 1 to
fDA-TflNovember 1 , every door, window and other outside opening required for
ventilation of habitable rooms, food preparation areas, food service areas or any
areas where products to be included or utilized in food for human consumption are
processed, manufactured, packaged or stored shall be supplied with approved tightly
fitting screens of not less than sixteen ( 16) mesh per inch ( 16 mesh per 25 mm), and
every screen door used for insect control shall have a self-closing device in
goodsound working condition. Rental housing units shall be provided with screens
in sound condition at time of each lease signing or renewal.
Exception : Screens shall not be required where other Approved memis , such aS all
for owner-occupied dwelling units
where no rooms are leased or rented."
"304. 15 Doors. All exterior doors, door assemblies and hardware shall be
maintained in gaadsound condition. Locks at all entrances to dwelling units and
sleeping units shall tightly secure the door. Locks on means of egress doors shall be
in accordance with Section 702 . 3 . "
Section 36 . That Section 304 . 18 . 1 and 304 . 18 . 2 are hereby amended to read as follows :
"304. 18. 1 Doors. Doors providing access to a dwelling unit, rooming unit or
housekeeping unit that is rented, leased or let shall be equipped with a deadbolt lock
designed to be readily openable from the side from which egress is to be made
without the need for keys, special knowledge or effort and shall have a lock throw
of not less than one ( 1 ) inch (25 mm) . Such deadbolt locks shall be installed
according to the manufacturer' s specifications and maintained in go-Odsound working
order. For the purpose of this section, a sliding bolt shall not be considered an
acceptable deadbolt lock."
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"304. 18.2 Windows. Operable windows located in whole or in part within six (6)
feet ( 1828 mm) above ground level or a walking surface below that provide access
to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let
shall be equipped with a window sash locking device. "
Section 37 . That Section 304 . 18 is hereby amended by the addition of a new Section
304 . 18 .4 which reads in its entirety as follows :
"304.18.4 Area wells. All area wells, stair wells, light wells and any other bulkhead
enclosures attached to any building shall be protected with guards conforming to this
section around the entire opening, or be provided with an equivalent barrier, when
such wells are located less than thirty six (36) inches ( 194 mm) from the nearest
intended walking surface and are deeper than thirty six (36) inches below the
surrounding ground level, creating an opening with a horizontal dimension greater
than twenty four (24) inches (610 mm) measured perpendicular from the building,
with the side walls of such well having a slope steeper than two (2) horizontal to one
( 1 ) vertical.
Exceptions :
1 . The access side of stairways need not be barricaded.
2 . Area wells provided for emergency escape and rescue windows may be
protected with approved grates or covers that are releasable or removable
from the inside without the use of a key, tool or force greater than that which
is required for normal operation of the escape and rescue opening .
3 . Covers and grates may be used over stairways and other openings used
exclusively for services access or for admitting light or ventilation."
Section 38 . That Section 305 . 1 , 305 . 3 and 305 .4 are hereby amended to read as follows :
"305. 1 General. The interior of a structure and equipment therein shall be
maintained in sound and in-wsanitary condition. Occupants
shall keep that part of the structure which they occupy or control in a clean and
sanitary condition. Every owner of a structure containing a rooming house,
housekeeping units, a hotel a dormitory, two (2) or more dwelling units or two (2)
or more nonresidential occupancies, shall maintain, in a clean and sanitary condition,
the shared or public areas of the structure and exterior property.
Interior substandard conditions as described in Appendix A of this code shall be
corrected as determined by the code official ."
Exception : Owner-occupied, detached, single-family dwellings in which no rooms
are leased or rented. "
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"305.3 Interior surfaces. All interior surfaces, including windows and doors, shall
be maintained in good, clean .sound and sanitary condition. Peeling, chipping,
flaking or abraded paint that was originally produced and/or applied prior to 1978
shall be repaired, removed or covered in accordance with federal and Colorado
standards applicable to lead-based paints. Cracked or loose plaster, decayed wood
and other defective surface conditions shall be corrected. "
"305.4 Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch,
deck or other walking surface shall be maintained in sound conditioner good
repair.
19
Section 39 . That Section 305 is hereby amended by the addition of a new Section 3 . 5 .4 . 1
which reads in its entirety as follows :
"305.4. 1 Public stairways. Public stairways used for egress routes in areas serving
more than one ( 1 ) rental dwelling unit or guestroom shall have the following
minimum dimensions :
1 . A width of thirty (30) (762 mm) inches ;
2 . Seventy-five (75) ( 1905 mm) inches ofheadroom measured vertically
from the nose of the tread at tread level to the soffit above;
3 . A rise of steps not exceeding eight (8) (203 mm) inches and a tread not less
than nine (9) (229 mm) inches in depth;
4 . A riser height throughout any one ( 1 ) flight of stairs not exceeding the
smallest by more than three-eighths (3/8) inch ( 10 mm) . "
Section 40 . That Section 305 . 5 is hereby amended to read as follows :
"305. 5 Handrails and guards. Every handrail and guard shall be firmly fastened
and capable of supporting normally imposed loads and shall be maintained in
go-odsound condition. "
Section 41 . That Section 306 . 1 is hereby amended to read as follows :
"306. 1 General. Every exterior and interior flight of stairs having more than four
risers shall have a handrail on one side of the stair and every open portion of a stair,
landing, balcony, porch, deck, ramp or other walking surface which is more than
thirty (30) inches (762 mm) above the floor or grade below shall have guards .
Handrails shall not be less than thirty (30) inches (762 mm) high or more than forty
two (42) inches ( 1067 mm) high measured vertically above the nosing of the tread
or above the finished floor of the landing or walking surfaces. Guards shall not be
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less than thirty (30) inches (762 mm) high above the floor of the landing, balcony,
porch, deck, or ramp or other walking surface .
Exception : Guards shall not be required where exempted by the adopted building
code . "
Section 42 . That Section 307 is amended to read in its entirety as follows :
"SECTION 307
COMPONENT SERVICEABILITY
307. 1 Accnnmlatiort of riabbish or garbagc . All exterior property and allu
the interior of every structure, shall be free from any aecutrmlation of rubbish or
garbage General. The components of a structure and equipment therein shall be
maintained in structurally sound and in a sanitary condition.
Components declared to be substandard as described in Appendix A of this code
shall be corrected as determined by the code official .
Exception : Owner-occupied, detached, single-family dwellings in which no rooms
are leased or rented.
307 . 2 Disposal of rubbish. Every occupant of a structure shall dispose of all rubbis
in a clean and sanitary manner by placing such rubbish in approved containers .
307 . -2 . f Rubbish storage fficifitics . Tfic owrtcr of cvcry occupied prenfiscs shall
supply approved covered containers for rubbish, and the owner of the Premises shall
be responsible for the removal of rubbish.
be discarded, abandoned or stored o 4thout first removing the doors .
307 . 3 Disposaf of garbage . Every occupant of a strUettire shall dispose of garbage it
a cleart and s cr by placing stich garbagc in art approved garbage disposal
fficifity or approved garbage containers .
307 . 3 . f Eiarbage facilities . The owner of every dweffing shalf sttppfy one of the
approved incinerator unit in the structure available to the occupants in each dwelfin
unit ; or an approved leakproof, covered, outside garbage container.
provide , and at all times cause to be titilized, approved leakproof containers provided
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prenfiscs for disposal . "
Section 43 . That Sections 308 .2 is hereby amended to read as follows :
"308 .2 Owner. The owner of any stracture shall br, responsible for extennin
mmithin the structure prior to renting or leasing the The owner(s) shall be
responsible for extermination in the public or shared areas of the structure and
exterior premises ."
Section 44 . That Section 308 . 3 is hereby deleted in its entirety as follows :
Single308.3 ocenpant. The occurant - single-tenant
nonresidential structure shall be responsible for Ot! the Preillises .
Section 45 . That Section 308 .4 is hereby amended to read as follows :
"308.4 Multiple occupancy. The owner of a structure containing two or more
dwelling units, a multiple occupancy, a rooming house or a nonresidential structure
shall be responsible for extermination in the public or shared areas of the structure
and exterior property. If re-infestation is caused by failure of an occupant to prevent
such infestation in the area occupied, the occupant shall be responsible for
extermination. "
Section 46 . That Sections 402 . 1 and 402 .2 are hereby amended to read as follows :
"402. 1 Habitable spaces. Every habitable space shall have at least one window of
approved size facing directly to the outdoors or to a court. The minimum total glazed
area for every habitable space shall be eight percent (8 %) of the floor area of such
room. Wherever walls or other portions of a structure face a window of any room and
such obstructions are located less than three (3) feet (914 mm) from the window and
extend to a level above that of the ceiling of the room, such window shall not be
deemed to face directly to the outdoors nor to a court and shall not be included as
contributing to the required minimum total window area for the room.
Exception : Where natural light for rooms or spaces without exterior glazing areas
is provided through an adjoining room, the unobstructed opening to the adjoining
room shall be at least eight percent (8 %) of the floor area of the interior room or
space, but not less than twenty five (25) square feet (2 . 33 m2) . The exterior glazing
area shall be based on the total floor area being served. "
"402.2 Common halls and stairways. Every common hall and stairway in
residential occupancies, other than in one- and two-family dwellings, shall be lighted
at all times with at least a sixty -watt (60w) standard incandescent light bulb for each
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two hundred (200) square feet ( 19 m2) of floor area or equivalent illumination,
provided that the spacing between lights shall not be greater than thirty (30) feet
(9144 mm). In other than residential occupancies, means of egress, including exterior
means of egress, stairways shall be illuminated at all times the building space served
by the means of egress is occupied with a minimum of one ( 1 ) footcandle ( 11 lux)
at floors, landings and treads . "
Section 47 . That Section 403 . 1 is hereby amended to read as follows :
"403. 1 Habitable spaces. Every habitable space shall have at least one openable
window. The total openable area of the window in every room shall be equal to at
least forty-five (45) percent of the minimum glazed area required in Section 402 . 1 .
Each window must open directly onto a street or public alley or a yard or court
located on the same lot as the building.
Exception .
1 . Where rooms and spaces without openings to the outdoors are ventilated
through an adjoining room, the unobstructed opening to the adjoining room
shall be at least eight (8) percent of the floor area of the interior room or
space, but not less than twenty-five (25) square feet (2 . 33 m2) . The
ventilation openings to the outdoors shall be based on a total floor area being
ventilated.
2 . Required windows may open into a roofed porch where the porch abuts a
street, yard or court; has a ceiling height of not less than seven (7) feet (2134
min) ; and has the longer side at least sixty-five (65 ) percent open and
unobstructed. "
Section 48 . That the title to Section 404 shall be amended to read as follows :
"SECTION 404
OCCUPANCY —_ _ _ - _ _ STANDARDS"
Section 49 . That Section 404 . 2 through 404 . 4 . 1 are deleted in their entirety as follows :
404 .2 Minfinnin I-00111 vVidths . A habitable tootn other than a kitchen, shall not be
less than 7 feet (2f34 mm) in any plan dimens ion . Kitchens shall have a elea
passageway of not less than 3 feet ( 9 f 4 nim) between counterfronts and appliances
or coniiterfi-oits aiid walls-.
404 .3 Minfinnin ceiling heights .
areas , bathrooms , toilet rooms and habitable basement areas shall have a clear ceiling
height of not less than 7 ) feet (2 f 34 mn*.
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Exceptions-
- and two- ffimily ,
rooms ,beams or girders spaced not less than 4)
feet ( f -2 f 9 mm) on eenter and proj eeting not more than 6) inches ( f 5 -2 rrrrrl7
-2 . Basement rooms in one- and two-ffimily dwellings occupied exclusively fo
!anndry, study or reer I i I I 45M having a ceiling height of not less t!
6 feet 8 inches (2033 min) with not less than 6 feet 4 inches ( f93 -2 mirry-of
30 Rooms occupied exclusively for sleeping, study or similar purposes an
having a sloped ceffing over aff or part of tfMv 1VU111, With a clear ccifing
height of at feast 7 fect (2f34 mm) ovcr not less than one-third of the
required minim-um floor area. fn calculating the floor area of stich
only th of the floor area with a clear ceiling height of 5 feett
( f5 -24 min) or more shaff be included.
shall comply with the requirements of Sections 404 . 4 . f through 404 . 4 . 5 .
404.4. t Room area. Every fiving room shall contain at least HO square feet
( f f . -2m-2) and every bedroom shall contain at least 70 square feet (6 . 5 ni-2) .
Section 50 . That Sections 404 . 4 . 2 and 404 .4 . 3 are hereby amended to read as follows :
"404.4.2 Access from bedrooms. Bedrooms shall not constitute the only means of
access to other bedrooms or habitable spaces and shall not serve as the only means
of egress from other habitable spaces .
Exception : Units that contain fewer than two (2) bedrooms . "
"404.4.3 Water closet accessibility. Every bedroom shall have access to at least one
( 1 ) water closet and one ( 1 ) lavatory without passing through another bedroom.
Every bedroom in a dweffing unit shall havc acccss to at least one water closet and
lavatory located in the same story as the bedroom or an adjacent story. "
Section 51 . That Section 404 . 5 is hereby deleted in its entirety as follows :
official,create conditions that, in the opinion of the code endanger the life, health,
safety or welffire of the occupants .
Section 52 . That Section 404 . 6 is hereby deleted in its entirety as follows :
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Closet,404. 6 Efficiency unit. Nothing in this section shall prohibit an efficiency h ViII& "XXI ,L
t . A unit occupicd by not more than two occupants shall have a clear floor arca o
not less than 220 square feet (20 .4 m2). A unit occupied by three occupants shall
have a clear floor area of not less than 320 square feet (29 . 7 M2) . These required
areas shall be exclusive of the areas required by ftems 2 and 3-.
-2 . The tinit shall be provided with a kitchen sink, cooking appliance and refrli ,, .. .. .1T
fficififies , each having a clear working space of not icss than 30 inches ( 76-2 min) il
fi-ont. Eight and ventilation conforming to this code shall br, provided.
3 . The unit shall bc provided with a separate bathroom contaIMIT Vv " Mr
lavatory and baffitub or showcr .
Section 53 . That Section 502 . 1 is hereby amended to read as follows :
"502. 1 Dwelling units. Every dwelling unit shall contain its own approved bathtub
or shower, lavatory, water closet and kitchen sink which shall be maintained in a
sanitary, safe working condition. The lavatory shall be placed in the same room as
the water closet or located in close proximity to the door leading directly into the
room in which such water closet is located. A kitchen sink shall not be used as a
substitute for the required lavatory. "
Section 54 . That Section 503 . 3 is hereby amended to read as follows :
"503.3 Location of employee toilet facilities. Toilet facilities shall have access from
within the employees ' working area. The required toilet facilities shall be located not
more than one story above or below the employees ' working area and the path of
travel to such facilities shall not exceed a distance of five hundred (500) feet ( 152
m) . Employee facilities shall either be separate facilities or combined employee and
public facilities .
Exception : Facilities that are required for employees in storage structures or kiosks,
which are located in adjacent structures under the same ownership, lease or control,
shall not exceed a travel distance of five hundred (500) feet (152 m) from the
employees ' regular working area to the facilities . "
Section 55 . That Section 505 .4 is hereby amended to read as follows :
"505.4 Water heating facilities. Water heating facilities shall be properly installed,
maintained and capable of providing an adequate amount of water to be drawn at
every required sink, lavatory, bathtub, shower and laundry facility at a temperature
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of not less than one hundred ten degrees Fahrenheit ( 110° F) (43°C) . A gas-burning
water heater shall not be located in any bathroom, toilet room, bedroom or other
occupied room normally kept closed, unless adequate combustion air is provided. An
approved combination temperature and pressure-relief valve and relief valve
discharge pipe shall be properly installed and maintained on water heaters . "
Section 56 . That Section 602 .2 is hereby deleted in its entirety as follows :
602.2 Residential occupancies. Dwellings shall be provided with heating facilities
locality indicatcd in Appendix Do f the hitemational Plumbing code . eookin6�
appliances shall not be used to provide space heating to meet th fs of this
fir.
Exception . fn areas where the average motithly fc111P%.,1C11LLJ1k, IZ!) above 30 'F - ,
Section 57 . That Section 602 . 3 is hereby amended to read as follows :
"602.3 Heat supply. Every owner and operator of any building who rents, leases or
lets one or more dwelling units or sleeping units on terms, either expressed or
implied, to furnish heat to the occupants thereof shall supply heat during the period
from September 15 to May 15 to maintain a temperature of not
less than sixty-five degrees Fahrenheit (6$65 °F) (2918 °C) in all habitable rooms,
bathrooms, and toilet rooms.
Exceptions :
When the outdoor temperature is below the winter outdoor design
temperature f6r the locality,-of four degrees Fahrenheit (4 ° F), maintenance
of the minimum room temperature shall not be required provided that the
heating system is operating at its full design capacity. The winter outdoor
design temperature for the locality shall be as indicated in Appendix B of the
-20 fn areas where the average monthly tempein nie is above 30 'F (- t , e) n
Section 58 . That Section 602 .4 is hereby deleted in their entirety as follows :
602.4 Occupiable work spaces. indoor occupiable work spaces shall be supplie
with heat during the period froin [E)ATEI to [ F)ATFI to malilitalill a tC111PCt_att1 !_C Off
not fcss thmi 65 'F ( f s ,eO during the period the spaces ate occupied .
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i Outage and operation are that require cooling or speciall
temperature condifio!is .
Section 59 . That Section 603 is hereby amended by the addition of a new Section 603 . 1 . 1
which reads in its entirety as follows :
"603. 1 . 1 Solid Fuel Appliances and Fireplaces. No solid fuel appliances or
fireplaces shall be located in any sleeping room unless ; ( 1 ) permanent combustion
air from the exterior or from spaces connecting directly with the exterior is provided
and is adequate to ensure proper combustion and chimney operation; and (2) the total
area of such openings is at least one-half (1/z) of the cross-sectional area of the
chimney serving the appliance or fireplace . "
Section 60 . That Section 603 .2 is hereby amended to read as follows :
"603.2 Removal of combustion products. All fuel-burning equipment and
appliances shall be connected to an approved chimney or vent.
Exception : Fuel-gas cooking appliances installed in accordance with applicable
international codes adopted by the City.
Exception , Fael-barning equipment and applianck.' s which are labeled for anyvente
fir"
Section 61 . That Section 603 is hereby amended by the addition of a new Section 603 .4 . 1
which reads in its entirety as follows :
"603.4. 1 Rental dwelling units. All mechanical equipment within any rental
dwelling unit and guestroom shall be of an approved type for the location and all gas
or liquid fuel-burning equipment shall have an approved automatic safety fuel
shutoff, an accessible manual fuel shutoff valve, a listed appliance fuel connector,
and a vent as specified in the International Mechanical Code and International Fuel-
Gas Code as adopted in City Code Section 5 - 106 . "
Section 62 . That Section 603 is hereby amended by the addition of new Section 603 . 5 . 1
which reads in its entirety as follows :
"603.5. 1 Liquid or gas fuel-burning appliances. A gas or liquid fuel-burning
appliance shall not be located in any bedroom or bathroom of a rental dwelling unit
or in any other confined space that has access only through such room or space
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unless the appliance is of an approved direct-vent type . Gas cooking appliances shall
not be used for space heating of any portion of a dwelling or guestroom. "
Section 63 . That Section 603 is hereby amended by the addition of a new Section 603 . 7
which reads in its entirety as follows :
"603.7 Portable fuel appliances. Portable fuel burning appliances are prohibited. "
Section 64 . That Section 603 is hereby amended by the addition of a new Section 603 . 8
which reads in its entirety as follows :
"603.8 Carbon monoxide alarms. Every rental housing unit containing fuel-
burning appliances(s) or constructed with an attached garage shall be provided with
an approved carbon monoxide alarm maintained in sound operational condition."
Section 65 . That Section 604.2 is hereby amended to read as follows :
"604.2 Service. The size and usage of appliances and equipment shall serve as a
basis for determining the need for additional facilities in accordance with the IEE
National Electrical Code. Dwelling units shall be served by a three-wire, 120/240
volt, single- phase electrical service having a rating of not less than sixty (60)
amperes . "
Section 66 . That Sections 605 .2 and 605 . 3 are hereby amended to read as follows :
"605.2 Receptacles. Every habitable space in a dwelling shall contain at least two
(2) separate and remote receptacle outlets . Every laundry area shall contain at least
one ( 1 ) grounded-type receptacle or a receptacle with a ground fault circuit
interrupter. Every bathroom shall contain at least one ( 1 ) receptacle with a ground
fault circuit interrupter. Any new bathroom receptacle outlet shall have ground fault
circuit interrupter protection. Receptacle outlets installed in kitchens, garages,
unfinished basements and exterior locations shall have ground fault circuit
interrupters . "
"605.3 Luminaires. Every public hall, interior stairway, toilet room, kitchen,
bathroom, laundry room, boiler room and furnace room shall contain at least one ( 1 )
electric luminaire. "
Section 67 . That Section 605 is hereby amended by the addition of new Sections 605 .4
and 605 . 5 which read in their entirety as follows :
"605.4 Extension cords. All extension cords which have been installed in any rental
dwelling unit by being wired directly to permanent wiring or in inside walls , through
floors, under carpets, attached to trim or walls and by similar methods shall be
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eliminated, and permanent outlets shall be installed to provide necessary electrical
supply.
605.5 Circuits. Each branch circuit, feeder, appliance and sub-panel shall have
overcurrent protection not exceeding its rating. "
Section 68 . That Section 606 . 1 and 606 .2 are hereby amended to read as follows :
"606. 1 General. Elevators, dumbwaiters and escalators shall be maintained in
compliance with ASME A 17 . 1 . The most current certification of inspection shall be
on display at all times within the elevator or attached to the escalator or dumbwaiter,
or the certificate shall be available for public inspection in the office of the building
operator. The inspection and tests shall be performed at not less than the periodical
intervals listed in ASME A17 . 1 , Appendix N, except where otherwise specified b! F
the authority having as specified by the State of Colorado . "
"606.2 Elevators. In buildings equipped with passenger elevators, at least one ( 1 )
elevator shall be maintained in operation at all times when the building is occupied.
Exception : Buildings equipped with only one ( 1 ) elevator shall be permitted to have
the elevator temporarily out of service for testing or servicing. "
Section 69 . That Section 702 .4 is hereby amended to read as follows :
"702.4 Emergency escape openings. Required emergency escape openings shall be
maintained in accordance with the code in effect at the time of construction, and the
following. Required emergency escape and rescue openings shall be operational from
the inside of the room without the use of keys or tools . Bars, grilles, grates or similar
devices are permitted to be placed over emergency escape and rescue openings
provided the minimum net clear opening size complies with the code that was in
effect at the time of construction and such devices shall be releasable or removable
from the inside without the use of a key, tool or force greater than that which is
required for normal operation of the escape and rescue opening. The minimum net
clear opening size shall comply with the City Building Code that was in effect at the
time of construction or shall provide a minimum net clear opening of no less than
seven hundred twenty (720) square inches, whichever is greater, and shall not have
a sill height greater than forty-eight (48) inches as measured above the interior floor
level of the room in which such opening is located. "
Section 70 . That Section 702 is hereby amended by the addition of new Section 702 .4 . 1
and 702 .4 .2 which read in their entirety as follows :
"702.4. 1 Rental dwelling unit emergency escape/access. Every rental dwelling
unit or guestroom shall have access directly to the outside or to a public corridor
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which leads to an exterior exit. Such exits shall be maintained in a safe condition and
installed in accordance with all applicable laws at the time of their construction and
shall be enlarged or expanded in relation to any increase in occupant load, alteration,
addition or any change in occupancy as defined in the City Building Code as adopted
in § 5 -26 . For Group R, Division 1 , 2 and 3 occupancies, as defined in the City
Building Code as adopted in § 5 -26 more than two (2) stories in height, the
provisions of Chapter 34, Existing Buildings, or the equivalent provisions of the City
Building and Fire Codes, whichever is currently in effect, shall apply. All occupants
shall have unobstructed access to the public way. "
"702.4.2 Rental dwelling sleeping room egress. Where any sleeping room within
a rental dwelling unit is located below the first story, such sleeping room shall be
provided with an egress window having a maximum sill height of forty-eight (48)
inches above the floor and a minimum openable area of seven hundred twenty (720)
square inches . "
Section 71 . That Sections 704 . 1 and 704 .2 are hereby amended to read as follows :
"704. 1 General. All systems, devices and equipment to detect a fire, actuate an
alarm, or suppress or control a fire or any combination thereof shall be maintained
in an operable condition at all times in accordance with the hde! Vati011al adopted
Fire Code."
"704.2 Smoke alarms. Single or multiple-station smoke alarms shall be installed
and maintained in Groups R-2, R-3 , R-4 and in dwellings not regulated in Group R
occupancies, regardless of occupant load at all of the following locations :
1 . On the ceiling or wall outside of each separate sleeping area in the immediate
vicinity of bedrooms .
2 . In each room used for sleeping purposes .
3 . In each story within a dwelling unit, including basements and cellars but not
including crawl spaces and uninhabitable attics. In dwellings or dwelling
units with split levels and without an intervening door between the adjacent
levels, a smoke alarm installed on the upper level shall suffice for the
adjacent lower level provided that the lower level is less than one full story
below the upper level . Single or multiple-station smoke alarms shall be
installed in other groups in accordance with the h?tvi notional adopted Fire
Code."
Section 72 . That an Appendix A shall be incorporated into the 2006International
Property Maintenance Code (IPMC)®, as adopted by the City and shall read in its entirety as
follows :
APPENDIX A
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Appendix A is intended to provide the code official and property owner with a
sample list of conditions that are considered to be substandard or dangerous for the
purposes of this code so that such conditions require some degree of repair or
correction. Substandard conditions are conditions which, if not corrected, may
become dangerous conditions at any time. Substandard conditions shall be corrected
as specified in this code . Dangerous conditions shall be corrected as determined by
the code official .
The following lists are intended to address most commonly observed conditions and
are not to be considered totally inclusive .
"A101 Exterior Substandard conditions . The following conditions shall be
determined as substandard and repaired or replaced to comply with the International
Building Code as required for existing buildings :
1 . The anchorage of the floor or roof to walls or columns, and of walls and
columns to foundations is displaced or has deteriorated;
2 . Structures or components thereof have reached their limit state;
3 . Siding and masonry joints, including joints between the building envelope
and the perimeter of windows, door, and skylights, are not maintained,
weather resistant or water-tight;
4 . Structural members have evidence of substantial deterioration or deflection;
5 . Foundation systems lack support, are not substantially plumb and free from
open cracks and breaks .
6 . Exterior walls are not adequately anchored or supported elements are not
substantially plumb and free of holes, cracks, breaks or loose or deteriorated
materials .
7 . Roofing or roofing components have defects that admit rain, roof surfaces
have inadequate drainage, or any portion of the roof framing is not in sound
condition or shows signs of deterioration or fatigue or lack adequate
anchorage .
8 . Flooring and flooring components have defects that affect serviceability or
flooring components show signs of substantial deterioration or fatigue or are
not adequately anchored.
9 . Veneer, cornices, belt courses, corbels, trim, wall facings and similar
decorative features are not adequately anchored.
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10 . Overhang extensions or projections including, but not limited to , trash
chutes, canopies, marquees, signs, awnings, fire escapes , standpipes and
exhaust ducts are not adequately anchored.
11 . Exterior stairs, decks, porches, balconies, and all similar appurtenances
attached thereto, including guards and handrails, are significantly
deteriorated or are inadequately anchored.
12 . Chimneys, cooling towers, smoke stacks and similar appurtenances are
significantly deteriorated or are inadequately anchored.
Exceptions :
1 . When substantiated otherwise by an approved method.
2 . Demolition of substandard conditions shall be permitted when approved by
the code official . "
"A102 . Interior substandard conditions . The following conditions shall be
repaired or replaced to comply with the International Building Code or as required
for existing buildings :
1 . The anchorage of the floor or roof to walls or columns, and of walls and
columns to foundations is no longer in place or has deteriorated;
2 . Structures or components thereof have reached their limit state;
3 . Stairs , landings, balconies and all similar walking surfaces, including guards
and handrails, are significantly deteriorated or are inadequately anchored;
4 . Foundation systems are not lack support, are not substantially plumb and free
from open cracks and breaks .
Exceptions :
1 . When substantiated otherwise by an approved method.
2 . Demolition of substandard conditions shall be permitted when approved by
the code official . "
"A103 Substandard component conditions. Where any of the following
conditions cause the component or system to reach its limit state, the component or
system shall be deemed substandard and shall be repaired or replaced so as to
comply with the International Building Code as required for existing buildings :
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1 . Conditions that have resulted in any of the following :
1 . 1 . Movement or displacement of footing or foundation system;
1 .2 . Damage to footing, foundation, concrete or other structural element due to
soil expansion;
1 . 3 . Adverse effects to the footing, foundation, concrete or other structural
element due to a chemical reaction from the soil ;
1 .4 . Inadequate soil as determined by a geo-technical investigation;
1 . 5 . Adverse effects to the footing, foundation, concrete or other structural
element due to the ground water table .
2 . Structural/concrete that has been subjected to any of the following
conditions :
2 . 1 . Significant deterioration;
2 .2 . Fractures ;
2 . 3 . Fissures ;
2 .4 , Spalling;
2 . 5 . Exposed reinforcement; or
2 . 6 . Detached, dislodged or failing connections .
3 . Aluminum that has been subjected to any of the following conditions :
3 . 1 . Significant deterioration;
3 .2 . Corrosion;
3 . 3 . Elastic deformation;
3 .4 . Stress or strain cracks ;
3 . 5 . Joint fatigue; or
3 . 6 . Detached, dislodged or failing connections.
4 . Masonry that has been subjected to any of the following conditions :
4 . 1 . Significant deterioration;
4 .2 . Fractures in masonry or mortar joints ;
4 . 3 . Fissures in masonry or mortar joints ;
4 .4 . Spalling;
4 . 5 . Exposed reinforcement; or
4 . 6 . Detached, dislodged or failing connections .
5 . Steel that has been subjected to any of the following conditions :
5 . 1 . Significant deterioration;
5 .2 . Elastic deformation;
5 . 3 . Metal fatigue ; or
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5 .4 . Detached, dislodged or failing connections .
6 . Wood that has been subjected to any of the following conditions :
6 . 1 . Significant deterioration;
6 .2 . Damage from insects, rodents and other vermin;
6 . 3 . Fire damage beyond charring;
6 .4 . Significant splits and checks ;
6 . 5 . Horizontal shear cracks ;
6 . 6 . Vertical shear cracks ;
6 . 7 . Inadequate support;
6 . 8 . Detached, dislodged or failing connections; or
6 . 9 . Excessive cutting and notching.
Exceptions :
1 . When substantiated otherwise by an approved method.
2 . Demolition of substandard conditions shall be permitted when approved by the code
official."
"AI04 Dangerous elements, structures, or equipment shall include, but not be limited
to condition(s) in which :
1 . Any door, aisle, passageway, stairway, exit or other means of egress does not
conform to the approved building or fire code of the jurisdiction as related
to the requirements for existing buildings ;
2 . The walking surface of any aisle, passageway, stairway, exit or other means
of egress is so warped, worn loose, damaged or otherwise unsafe as to not
provide safe and adequate means of egress ;
3 . Any portion of a building, structure or appurtenance has been damaged by
fire, earthquake, wind, flood, deterioration, neglect, abandonment, vandalism
or by any other cause to such an extent that it is likely to partially or
completely collapse, or to become detached or dislodged;
4 . Any portion of a building, or any member, appurtenance or ornamentation on
the exterior thereof is not of sufficient strength or stability, or is not so
anchored, attached or fastened in place so as to be capable of resisting natural
or artificial loads equal to or greater than seventy-five (75) percent of the
original designed value ;
5 . The building or structure, or part of the building or structure, because of
dilapidation, deterioration, decay, faulty construction, the removal or
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movement of some portion of the ground necessary for the support, or for any
other reason, is likely to partially or completely collapse, or some portion of
the foundation or underpinning of the building or structure is likely to fail or
give way;
6 . The building or structure, or any portion thereof, is clearly unsafe for its use
and occupancy;
7 . The building or structure is neglected, damaged, dilapidated, unsecured or
abandoned so as to become an attractive nuisance to children who might
enter the building; becomes a harbor for vagrants, criminals or immoral
persons ; or enables persons to resort to the building or structure for
committing a nuisance or an unlawful act;
8 . Any building or structure has been constructed, exists or is maintained in
violation of any specific requirement or prohibition applicable to such
building or structure provided by the approved building or fire code of the
jurisdiction, or of any law or ordinance to such an extent as to present either
a substantial risk of fire, building collapse or any other threat to life and
safety;
9 . A building or structure, used or intended to be used for dwelling purposes,
because of inadequate maintenance, dilapidation, decay, damage, faulty
construction or arrangement, inadequate light, ventilation, mechanical or
plumbing system, or otherwise, is determined by the code official, in
consultation with the Health Officer, to be unsanitary, unfit for human
habitation or in such a condition that is likely to cause sickness or disease ;
10 . Any building or structure, because of a lack of sufficient or proper fire-
resistive construction, fire protection systems, electrical system, fuel
connections, mechanical system, plumbing system or other cause, is
determined by the code official to be a threat to life or health; or
11 . Any portion of a building remains on a site after the demolition or destruction
of the building or structure or whenever any building or structure is
abandoned so as to constitute such building or portion thereof as an attractive
nuisance or hazard to the public ."
Introduced, considered favorably on first reading, and ordered published this 7th day of
October, A.D . 2008 , and to be presented for final passage on the 21 st day of October, A.D. 2008 .
Mayor
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ATTEST :
City Clerk
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Passed and adopted on final reading on the 21 st day of October, A . D . 2008 .
Mayor
ATTEST :
City Clerk
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ORDINANCE NO. 109, 2008
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 5 , ARTICLE VI, DIVISION 5 , OF THE
CODE OF THE CITY OF FORT COLLINS RELATING TO
SUPPLEMENTAL RENTAL HOUSING PROVISIONS
WHEREAS , the City is adopting a model code, the International Property Maintenance Code
(IPMC), in Section 5 -46 of the City Code, with local amendments in Section 5 -47 thereof, to replace
the Dangerous Building Code and address issues of building and premises standards , maintenance,
and enforcement procedures ; and
WHEREAS , the provisions of the City Building Codes, including the IPMC, as amended,
apply to all buildings, including rental housing; and
WHEREAS , much of what has been included in the current Rental Housing Standards
contained in Chapter 5 , Article VI of the City Code is adequately covered in the City Building Codes
as adopted and amended and those provisions in Chapter 5 , Article VI that are duplicative should
be repealed; and
WHEREAS , there are certain rental housing provisions in Chapter 5 , Article VI dealing with
remodels, conversions, certificates of occupancy, posting and inspection of records that are not
contained in the adopted and amended City Building Codes, and the City Council desires to retain
those provisions to supplement the City Building Codes ; and
WHEREAS , the City Council finds that the amendments proposed below protect and
promote the health, safety and welfare of the public and the citizens of the City of Fort collins .
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Chapter 5 , Article VI, Division 5 of the Code of the City of Fort Collins is hereby
amended and revised in the following respects :
Section 1 . That Section 5 -236 of the Code of the City of Fort Collins is hereby amended
to read as follows :
Sec. 5-236. Definitions.
For the purposes of this Article, certain terms, phrases, words and their
derivatives shall be construed as specified in either this 74aficle or as specified in
Englisheity building code adopted in § 5 --26 . Where terms are not defined, they shall have
their ordinary accepted ithin the context with which they are used.
hanguage, Unabridged,
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nicanings . As used in this Articfe, the following ternis shafil have the n
indicatcd. expressly stated herein and as follows :
Words stated in the present tense include the future ; words stated in the
masculine gender include the feminine and neuter; the singular number includes the
plural and the plural, the singular. Where terms are not defined in this Division and
are defined in the City Code, Land Use Code, the International Building Code,
International Fire Code, Land Use Code, International Plumbing Code,
International Mechanical Code or the ICC Electrical Code, such terms shall have
the meanings ascribed to them as stated in those codes . Where terms are not defined
through the methods authorized by this section, such terms shall have ordinarily
accepted meanings such as the context implies . Whenever the words "dwelling unit,"
"dwelling," "premises," "building," "rooming house," "rooming unit" "housekeeping
unit" or "story" are stated in this code, they shall be construed as though they were
followed by the words "or any part thereof. "
of Neighborhood and Building Services or authorized representative .
trades technical code(s) currently in eff-cct as cnaetcd by the eity, including the City
Code, City Pininhing Code and the City i?esiz*ntial Buikfing Bnil&ng Official shall nican the duly appointed Director of the Dcpartmen
eity Hectric Code shall nican the appficable technical Mde current"
repairs , fixtures and rclated eqtiipmcr&.
fuel gas heating applianecs and rclatcd cquipmer&
City 6eneiz71Bnikftng Code sfialitiieatitlicapplicabfeteefiTiicalco!lstrtt
aftcration, location of all buildings othcr than 6rotip - - and two-
ffinifly
installation,effect as enacted by the eity, regulating the installation, repair and replacement o
heating, cooling, ventil Lent and related systems and componei
design an
rcpair,
replacement of potable building waste drainage and venting systeins .
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> alteration and location of all buildings classificd as Group R-3
detached - and two- family ,
sleeping,attached townhottses and relate
accessory bnilditigs .
Hvhitvbll ! roon? shall mean a room or enclosed floor space tiscd or intel
to be used or designed to be used for living,
excluding
eating or cooking,
compartments,bathrooms , toilet closets , fatindry rooms,
shafts , halls and storage or tititity
Hmith Q9jffilrer shall inean the legally designated head of the eounty
Hot water shall mcan hot watcr stipplicd to plumbing fixtures at "n
temperature of not less than one hundred ten ( f fO) degrees Fahrenheit.
is dcclared to bc a public nuisance undcr any provision of the eodc, or any of the
followinge
a building, on the premiscs of a building or on an unoccupicd lot, including
but not limited to any abandoned wells , basements or excavations ,
abandoned refrigerators and inotor vehicles , any structurally tinsound fences
prove a hazard for inquisitive minors .
(2) Whatever is dangerous to human life or is detrimentaf to the ptibfic heafth as
determined by the fteafth (3fficer ,
(3 ) hisufficient ventilation or illumination.
(5 ) Uncleanliness , as determined by the ffealth Officer.
(6) 'Miatever renders air, food or drink nimholesome or detrimental to the licalth
of human beings , as determined by the f fealth Efficer.
it is deemed to be dangerous to the lifc , health, property or saf�ty o
public or the occuratits of the structure by not providing mininTut
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safeguards to protect or warn occupants in the event of fire , or beca-uSC SnCh
strncturc contains unsafe cquipment or is so damaged, decayed, ditapidated-,
structurally tinsafe or of such faulty construction or unstable foundation tha
partial or complete collapse is possible .
( 8) Elcctricat wiring or wiring device, flatninabte fiquid containers or other
Int on the premises or within the structure which is in such disrepaW
or condition that such equipment is a hazard to life, health, property or safety
of the public or occupants of th I r structure .
(9) A structure tinfit for human occupancy whenever the Building Official finds
that such structure is unsafel unlawful or, because of the degree to which the
strnctnrc is in disrepair or lacks malutCHMICC , is > ver nin- or rat=
infested, contains filth and contamination, or lacks ventifation, iffninina
or sanitary or heating facilities or other essential equipment required by-fliis
Article, or because the location of the structure constitutes a hazard to the
occnpants of the strnctnrc or to the ptrbtic .
( f 0) Rental housing that is found in whole ot it, pat t 'LU be erected, altered or
Owner shall mean any person whose name appears on the tax bill for the
property or who, alone or jointly or severally with others, has legal title to any
dwelling or dwelling unit, with or without actual possession thereof, or has charge,
care or control of any dwelling or dwelling unit as owner, executor, executrix,
administrator, trustee, guardian of the estate of the owner, mortgagee or assignee of
rents . Owner shall not include any person, group of persons, company, association
or corporation who holds only a security interest or easement on the real property
upon which the dwelling or dwelling unit is situated.
Property manager shall mean any person, group of persons, company, firm
or corporation charged with the care and control of rental housing as defined below
who performs services with respect to such rental housing under a contract with the
owner thereof or who otherwise acts as representative of an owner with respect to
such rental housing .
Rental dwelling unit shall mean one ( 1 ) or more rooms occupied or intended
to be occupied as a unit exclusively for residential purposes that is leased, rented or
sublet for compensation (including money or services or the sharing of expenses) and
that is located in a boarding house or a single-family, two-family or multi-family
dwelling .
Rental housing shall mean any building or mobile home or portion thereof,
including the lot, tract or parcel of land on which the same is located, containing any
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dwelling unit, or guest room which is leased, rented or sublet to a family or person(s)
for compensation (including money or services, and the sharing of expenses) .
Section 2 . That Section 5 -237 of the Code of the City of Fort Collins is hereby amended
to read as follows :
Sec. 5-237. Purpose.
This Article supplements the provisions contained in the adopted City
Building Codes, including the IPMC and is necessary to protect the public health,
safety and welfare of the people of the City by establishi Ll standards
governing the facififics , tifififics, occupancy, repair and maintenance of rental.
housing to safeguard life or firab, health, and property of persons aff-ected by or
subject to the provisions of this Article and the public by regulating and
controlling the use and occupancy, location and maintenance of all rental housing
within the City.
Section 3 . That Section 5 -238 of the Code of the City of Fort Collins is hereby amended
to read as follows :
Sec. 5-238. Applicability.
(a) In General . The provisions of this Article shall apply to all rental
housing. All rental housing shall also conform to the applicable City Land Use Code
and City Building Codes currently in effect, except as follows . , including the IPMC,
as adopted and amended in Section 5 -46 and 47 .
( i ) Ecgaf rses that were permitted at the time of theii creation Ot that becatne
legal nonconforming uses as a result of subsequent changes to the Eand Use
eode ; and
codes enacted by the eity at the time of their construction and which r
housing conforms to the provisions set forth in this Aftic1c.
Section 4 . That Section 5 -239 of the Code of the City of Fort Collins is hereby amended
to read as follows :
Sec . 5-239. Compliance required.
(a) It shall be unlawful for any person to erect, construct, enlarge, alter,
repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain
any building or structure or cause or permit the occupancy of said building or
structure in violation of this ArtieleChapter.
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Section 5 . That Section 5 -240 of the Code of the City of Fort Collins is hereby amended
to read as follows :
Sec. 5-240. Substandaid dvveffings decfared nuisancesDwelling condition.
All Any rental housing, the associated premises, and any equipment
thereon or portions thereof which are determined to be substandard
Article, dangerous, or unfit for occupancy pursuant to the IPMC as adopted and
amended in§ § 5 -46 and 5 -47 of this Chapte
shall be abated by repair, rehabilitation, vacation, demolition or
inn c 303 and
c 305
removalm accordance with the procedure specified m § § 5 -_ _ - ; _ -_ _ _ ____ __ _ -_ _ _
through - 5 -46 and 5 -47 , or through any other procedure allowed by law or
ordinance .
Section 6 . That Section 5 -257 of the Code of the City of Fort Collins is hereby deleted
in its entirety as follows :
(a) 'Micnevcr neccssary to make an inspection to ctiforce any of the
f this Article or any othcr section of the eode or hand use eode ol-
whenever the Building Official has reasonable cause to believe that there CAVOS 11T
any building or upon any FICTITIM' S ally COTIdition or violation which makes such
such buildi �s at all reasonable timcs to inspect it or to perform any dut
imposed upon the Building Wficial by this Article . ff stich building or
occupied, the Building Official shall first present proper credentials and request,
entry. ff such btfilding ts Mioccupted , tfic Building Effficiaf shall firs
ke a reasonable effort to locate the owner or othcr persons having charge or
control of the building ot Vietruses and request entry. ff such entry is reffised, the
Bnifding Officiat shall have reconrse to every reniedy provided by law to secure
Mtiy:
(b) NN+en the Building Wficial shall have first obtained an i -.rrant o
other remedy provided by law to secure entry, no owner or occupant or any other
persons having charge, rare or control of atry building or prenfiscs shall f�il or
neglect, after proper request is madc as hercin provided, to promptly permit entry
therein by the Building Official for the purpose of inspection and exammat
pursuant to this Article . Any such failure to permit entry upon request purstlant to
vafid inspection warrant shall be a misdemeatior punishable by the provisions se
Inspection of rental housing shall be pursuant to the provisions of
104 of the IPMC as adopted and amended in Section 5 -46 and 5 -47 .
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Section 7 . That Section 5 -258 of the Code of the City of Fort Collins is hereby amended
to read as follows :
Sec. 5-2587. Maintenance of premises ; compliance with codes.
(a) Every owner remains liable for violations of duties imposed by this Article
even though an obligati i i cd on the oecupants of the building and eve
though the owner has by agreement imposed on the oectipant or property manager
the dvty of ffirnishing required ccraipment or of coMpfying with this Article . Nothing
herein shall be construed as limiting or interfering with in any way the right of a
persons to establish by written contract specific responsibilities of owners , Propert
managers and occupants for the purpose of feasing or renting rental hottsing . Every
owncr or agent, in addition to being rcsponsibic for maintaining thc btfifffing in a
sound structural condition, shall be responsible for keeping that part of the building
which the owner Occuptes or controls in a safe conditiom inchiding the
shared or pttbtic areas in a building containing two (2) or more dweffing units .
Liability and responsibility for maintenance of premises and compliance with codes
shall be pursuant to the provisions of Section 107 of the IPMC as adopted and
amended in Section 5 -46 and 5 -47 .
keeping in a clean, sanitary and safe condition that part of the dwelling or dwelling
unit or premises which said occupant controls, shall dispose of all rubbish, garbage
and other o a manne required by tfie eode and approved by the
(c) Every occupant shall, when required by this Article , the eode or the ffealt
Efficer, furnish and maintain approved devices , equipment or facilities necessary to
kccp the prctniscs safe and sanitary.
Section 8 . That Section 5 -259 of the Code of the City of Fort Collins is hereby amended
to read as follows :
Sec. 5-2598. Appeals.
(a) General. Except as officrwise provided for civit infractionsfor
violations of § § 5 -263 and 5 -264 which are governed by the provisions in § 19-36 et
seq. , and in order to provide for final interpretation of the provisions of this Article
and to hear appeals provided for hereunder, the Building Review Board as
established in § 2 - 117 shall serve in such capacity within the procedures outlined
therein and as set forth in § § 5 -46 and 5 -47 .
Section 9 . That Section 5 -260 of the Code of the City of Fort Collins is hereby amended
to read as follows :
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Sec . 5-26059. Permits required for construction.
It shall be unlawful for any person to erect, construct, enlarge, alter, repair,
move, improve, remove, convert or demolish any building or structure regulated by
this Article without first obtaining a separate permit for each building or structure
from the Director of Building and Zonin Building Official in the manner and
according to the applicable conditions prescribed in the Unifb City Building Codes
adopted in
Section 10 . That Section 5 of the Code of the City of Fort Collins is hereby amended by
the addition of a new Section 5 -260 which reads in its entirety as follows :
Sec. 5-260. Certificate of occupancy required.
It shall be unlawful for any person to rent or offer to rent all or any portion
of any building containing two (2) or more dwelling units without having first
obtained a certificate of occupancy for each dwelling unit therein.
Section 11 . That Section 5 -261 of the Code of the City of Fort Collins is hereby amended
to read as follows :
Sec. 5-261 . Permit Fees.
(a) Whenever a building permit or certificate of occupancy is required by
the FJnifannCity Building Codes, adopted in § 5 -26, or development
review is required by the Land Use Code, for the construction, conversion to a
different use, or occupancy of a rental dwelling unit, all applicable City fees and
taxes, including but not limited to unpaid City utility fees or capital expansion
improvement fees, shall be paid to the Director of Building and ZoningCity as
specified in the Uniform Building eode and this ehnptersuch codes and in this Code,
except as provided in subsection (b) of this section.
(b) If a certificate of occupancy was not issued for a rental dwelling unit
at the time of its construction or conversion to its current use, then the following
rules shall be applied to determine the fees to be paid for the issuance of a certificate
of occupancy for such unit:
(i) If the owner is able to produce clear and convincing evidence of the
date of construction of the unit or the conversion of the same to a
rental dwelling unit, the owner may pay the City fees that were
applicable to the construction or conversion and occupancy of such
unit at the time that the construction or conversion and occupancy
occurred;
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FINAL DRAFT
(ii) If the date of construction or conversion of the unit cannot be
established by the owner, but the owner can produce clear and
convincing evidence of the date that the unit was first used as a rental
dwelling unit, then the owner may pay the fees in effect as of said
date as long as the owner (or registered agent of the owner, if an
entity), affirms under penalty of perjury that the owner was a bona
fide purchaser without notice or knowledge of the existence therein
of any unit which did not have a certificate of occupancy; or
(iii) If the owner does not so affirm, then the fees to be paid to the City
shall be those fees in effect at the time of the issuance of the
certificate of occupancy.
In all instances, the owner shall obtain, and pay all associated fees for, such
building permits as may be required in order to bring such rental dwelling unit into
compliance with the requirements of this Article .
Section 12 . That Section 5 -262 of the Code of the City of Fort Collins is hereby amended
to read as follows :
Sec. 5-262. Inspection of construction or conversion.
All buildings or structures within the scope of this Article and all construction
or work for which a permit is required shall be subject to inspection by the Director
of Building and Building Official in accordance with and in the manner
provided by this Article and the Uniform Building eode adopted in § 5 -26City
Building Codes .
Section 13 . That Section 5 -263 of the Code of the City of Fort Collins is hereby amended
to read as follows :
Sec. 5-263. Certificate required for occupancy of dwelling units contained in
single-family or two-family dwellings in excess of limit;
conditions ; revocation or suspension.
(a) No dwelling unit contained in a single-family or two-family dwelling shall
be occupied by more persons than the number of persons permitted under Section
3 . 8 . 16 of the Land Use Code unless a certificate of occupancy for an extra-
occupancy rental house (boarding house) has been issued for such dwelling by the
Building Official .
(b) Terms and conditions imposed upon a certificate of occupancy as a boarding
house may include, but are not limited to, compliance with all state laws, City
ordinances , rules and regulations, and court or administrative orders .
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FINAL DRAFT
(c) In determining whether to revoke or suspend a previously issued certificate
of occupancy, the Building Official may consider any history or pattern of Code
violations related to the use of the property, or any failure on the part of the applicant
or the applicant's property manager or tenants to abate or correct violations at the
property as ordered by an enforcement official, referee or judge.
Section 14 . That Section 5 -265 of the Code of the City of Fort Collins is hereby amended
to read as follows :
Sec. 5-265. Violation , minimum penalties.
For violations other than those committed as a result of any building,
structure, equipment, or premises being found by the Building Official to be
substandard, dangerous, unfit for human occupancy, which violations and penalties
are set forth in the IPMC as adopted and amended in § § 5 -46 and 5 -47 , Aan owner,
property manager or occupant who violates § 5 -263 and 5 -264 commits a civil
infraction by violating I i of § § 5 --263 and 5 -264 . A finding that sttch civil
infraction exists shall subject the off-ender(s) to any or all of the following actions .
and is subject to the provisions contained in § 1 - 15 . In addition, the building official
may revoke or suspend any permit or certificate issued by the city with respect to the
dwelling.
( f ) The imposition of a civil penalty of not more than one thousand dollaros
(StOOO . ) for each violation, with each day during which the viofation occurs
constituting a scparate violation;
(2) An order to comply with any conditions reasonably calculated to ensumt
compliance with the provisions of this etiapter or any approval or certificate grante
(3 ) ft unction or abatement proceedings ;
respect to the dwelling .
Section 15 . That Section 5 -266 of the Code of the City of Fort Collins is hereby amended
to read as follows :
Sec. 5-266. Responsibilities of owner.
An owner of a premtsrs temahis liable for violations of this Article eve
though an occupant ormanagerof tho ' F"' xS responsible forthe premises an
regardless of any agreement between the owner and another that imposes or attempts
to delegate rcsponsibility for the prcmiscs to the ot! Responsibility of owners shall
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FINAL DRAFT
be as described in the provisions contained in Section 107 of the IPMC, as amended
and adopted in Sections 5 -46 and 5 -47 .
Section 16 . That Section 5 of the Code of the City of Fort Collins is hereby amended by
the addition of a new Section 5 -275 which reads in its entirety as follows :
Section 5-275 Minimum Standards
The minimum standards for rental housing shall be pursuant to the provisions
of the IPMC as adopted and amended in Sections 5 -46 and 5 -47 .
Section 17 . That Section 5 -276 through Section 5 - 314 of the Code of the City of Fort
Collins are hereby deleted in its entirety as follows :
Sec. 5-276. Lighting and ventilation*
(a) All habitable rooms within any dwelling unit and any guestroom shall be
provided natural light by means of exterior glazed x hall be provided wit
pernianctit artificial lighting fixtures controtted by approved waff switches locate
adjacent to the access doorway of sinch rooms .
(b) All habitable rooms within any dwelling unit and any guestroom shall be
provided with natural ventifation by means of openabfe ext � s, or be
pmvided with mcchatfical vctifilation as specified in this Article .
(c) Required exteri� for natural light and ventilation shall ope
directly onto a street or ptrbf ic alley or a yard or court f ocated on the same lot as the
building, exccpt required windows may open into a roofed porch where thc porch .
( f ) Abuts a street, yard or court;
(3 ) f f as the longer side at least sixty-five (65 ) pereent open and unobstructed.
(d) A requircd window tin a service room may opert into a Vent Shaft Which is
open and unobstructed to the sky and not less than four (4) feet in least dimension.
vent shaft shall extend through more than two (2) stories .
may be considered as a portion of an adjoining room when one-half ( �i) of the are
of the common wall is open and unobstructed, except fight and ventilation for a
following conditions arc tnet.
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FINAL DRAFT
(2) The adjoining exterior room has openable exterior openings for light an
(f) fn lieu of reqnired exterior openings for natural vctitilation, a mcchanicaf
ventilation system may be provided. Such system shall be capable of providing two
(2) air changes per hour in all guestrooms , dormitories , habitable rooms and public
corridors . One- fifill-I( f ) The common waff is provided with openable interior/5 ) of the air supply shall be taken from the outside . ft
closets ,bathrooms , water closet compartments, fatindry rooms and similar rootils ,
mechanical ventilation system comiected directly to the outside, capable ofprovidin
five (5 ) air changes per hottr, shall be provided.
(g) All pnbfic hallways , stairs and other exitways shaf! be adequately fightcd att
all times in accordance with the Uniform Building eode as adopted in § 5 -26 .
Sec. 5-277. Bathroonts and kitchens.
(a) Every dwelling tinit shaff be provided with a bath Fed with
fkilitics consisting of a water doset, lavatory and cither a battitub or shower .
(b) fn hotels , where private water lavatories and baths are not provided,
there shall be provided on each floor at least one ( f ) water closet and lavatory an
otic ( 1 ) bath accessibic ftom a pttblic fiallway. Additional watcr closets , lavatories
and baths shall be provided on each floor at the rate of one ( f ) for every additional
ten ( f 0) guests or fractional tmmber in excess of ten ( f 0) .
(c) Each dwcffitig nnit shaff bc provided with a kitchen. Every kitchen shall be
provided with a kitchen sink. Wooden sinks or sinks of similarly absorbent material
shall not be permitted.
approved private sewage disposal system. All plumbing fixtures shall be connecte
to an approved system of water surpiy and provided with hot and cold running wate
necessary for its nonnaf operation. Af! plumbing fixtures shall be of an approved
shower areas shall be of nonabsorbent material . All plumbing fixture traps and vents
shall be installed in accordance with the Uniform Plumbing eode as adopted in § 5 -
(e) Walls and floors of water closet compartments except in dwellings shall b�-
finished in accordance with of the Uniform Building eode as adopted in § 5 -26 .
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FINAL DRAFT
(f) Every water closet, batlitnb or shower reqnired by this code sliall be installed
in a room which will affbrd privacy to the occnpant. A room in which a water dosett
is located shall be separated from food preparation or storage rooms by a tight-fitting
(g) All sanitary fkifitics shall be installed and maintained in saf� and Sanitary
condition and in aceordance with all applicable laws .
(fi) earpeting shall not be permitted in kitchens other thati in dwellintn
Sec. - .
(a) i3nilditigs or strtictvrcs may bk� of any type of constrttcti i by the
Uniform Building eode as adopted in § 5 -26 .
(b) Every building shall be weather protected to provide stiefter for the Occupants
against thc efcnictits and to excindc dampness .
Sec. 5-279. Maintenance and installation of fuel-bunting and inechailica
equipment
(a) All habitable rooms within any dweffing and guestroom shaff be provide
(60) degrees Fahrenheit measured at a point three (3 ) feet above the floor and three
(3 ) feet from the exterior wall . Portable ftiel-burning heating appliances are
prohibited.
(b) All mechanical equipment within any dwelling and guestroom, including
vents � shall be maintained in a working, safe condition and shall be installed i
approved type for the location and all gas or liquid ffiel-bti i � x .x ient shall
have an approved automatic safety fuel shutoff-, an accessible matmal ftiel shttto
vafvc, a listed appfiance fuel connector, and a vent as specified in the eniforn
(d) All mechanical rithin any dwelling and guestroom shall be
supplied with adequate circulation air and combusti ��ified in the Unifon
(e) A gas or liquid ftiel-burning appliance shall not be located in any bedroot
or bathroom of a dweffing 01 Ill ally C'Mifined space with access only throngh sttct
a room or spacc miless the appliance is of an approved direct-vctit type . 6 as cooking
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FINAL DRAFT
room.
bathroom,(f) Solid fael appliances and fireplaces shall not be located in any sleex
ntitess permatictit combustion air from the exterior or from spaces communicating
directly with the cxterior is providcd and is adequatc to insttre proper coHoustiot
and chinmc� provided further that the total arca of such openings shall no
be less than one-lialf of the cross- sectional area of the chirmiey serving the
appliance or fireplace .
(g) 'Ventilation for rooms and areas and for fuel-burning appliances shall be
provided as required in the Uniform Nfechanicat eode as adopted by § 5 - 1 OW6 and this
Artictc . Where mcchanicaf ventilation is provided in liett of the natural ventilatiot
operation during the occupancy of any building
See. 5-280. Maintenance and installation of electrical equipment,
(a) All electrical equipment, wiring and appliances silliall be installed an
maintained in a safe matitic, in accoidance with all appficabte laws . All efectricall
equipment shatt be of an approvcd typr.
(b) Where there is electrical power available within three hundred (300) feet o
the premises of any building, stich btfifding shaff be connected to stich efectricaf
%.Aill v outlets or one ( 1 ) Stich Convenience otitlet and one ( 1 ) supplied electric
light fixture . Every water closet compartment, laundry room,
floors , furnace
room and ptrbfic hallway shaf! contain at least one ( f ) supplied electric light fixture .
Att outicts within reach of fantidry tray, washing machitic, d w x . x . 6 timst be
grounded. All lights in h-undry areas nmst be provided with wall switches or have
nonconductive pulls . All lights in bathrooms must be provided with wall switcheos
or have tionconductive pulls . All metaffic fixtures must be grounded.
(c) All extension cords which have been installed in any dwelling by being wire
directly to permanent whitig oi it, inside walls , through under carpets ,
attached to trim or waf f s and by similar methods shall be eliminated, and permanen
(d) Each branch circuit, feeder, appliance and sttbpatiel shall have overcurren
ot exceeding its rating .
Sec. 5-28t . Exits and stairwayse
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FINAL DRAFT
(a) Every dwelling nnit or guestroom shaff have access dilectfy to the outside or
to a pttblic corridor which leads to an cxterior exit, Such exits shall be maintained it
a safe condition and installed in accordanec with all applicable laws at the time of
their construction and shall be enlarged or expanded in relation to any inCICUSC it!
occupatit toad, alteration, addition or any chatigC 111 OvXupatlCy as defined in the
-stories in height, the provisions of Appendix eharter f as defined in the Uniform Building eodc as adopted in § 5 --26 more than two (2)
shall
> Existing Buildings ,
appfy. Aff oempants shaff have unobstructed access to the public way .
(b) Evcry slecping room below the fourth story shall have at kast onc ( f )
openable window or exterior door approved for emergency egress or resctle . The
units shaff be operable ftom the inside to provide a fuff clear opening without the nse
of separate tools , All egress windows shall conform to ehaptcr f -2 of thc eniforn
Building eode as adopted in this ehaptcr exccpt as provided in this Scetion. Whe
sleeping rooms are not provided with emergency egress as srecified in the Unifort
construction shall be installed within each sleeping room not having a
emergency egress window as stated above . Such detectors shal
or ceiling in the hall giving access to sle Where access tO
sleepint� yMvided by a stairway, the primary smoke detector
be located at the center of the ceiling directly above the stairway . Aft
ititercontiectcd detectors shall be wired sncfi that activation of any otrcff)
will ca-use activation of others sinmitaneously:
(2) in addition to the preceding rk.LILLII MF
wided with an egress window having a maxtnmm sill height of Rixty
(60) inches above the floor and a i i . enable dimension of eightee
( fs) inclies , Such sfe i :haff have unobstructed access to a se
ni an adjoining habitabic room other than sleeping room. Such cxit oli-
emergell%.y wilidow shall be remotely located from the principal %,Aluj
a distance as specified in the Uniform Building eode for arrangement of exits
and shall be totally mlobstructed, shaff bc perinatictifly identified With a "it:�
having ictters no less than one ( f ) inch high stating emergency exit and
be readily openable more than one ( f ) unlatching operati
(c) Every interior stairway and %., v %.,iy cxAtcHor stairway stlaff be provided witf
handrails as specified in the Uniform Building eode and shall be securely fastene
to the wall or to a sturdy balustrade . f f andrails need not be installed on s
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FINAL DRAFT
providing access to unused celfar or attic space . Stairway stringers shall have soti
bearing at top and bottom. Pubtir, stairways vscd ffir cgrcss rontcs in are..
more than one ( 1 ) dwelling unit or guestroom shall have the following intinirrmi
dimensionse
limb,(2) Seventy-five (75 ) inches of headroom measured vertically from the nose of
the tread at tread levef to the soffit above ;
(3 ) The rise of steps in such stairways shall not exceed eight (8 ) inches nor shall
the tread be less than nine (9) inclies in width�,
exceed tillie smallest by more than three-eightlills (%) inch.
eodc , except thatporctics and cxtcric)r landings tess than thirty-six (36) inctics above
grade serving only one ( f ) dwelling unit may have guardrails no less than twenty-
four (24) inches high.
Sees. 5-282-5-300. Reserved.
Any building or portion including any dwelling unit, guestroom or suite o
rooms , or th i which the same is locate in which there exists any of the
following fisted conditions to an extent that endangers the life , health, property,
( f ) inad rtiom which shall include but shaf! not be limited to the
a. hack of or improper water closet, !a-vatory, batlitub or show%.l 111 ZI
per number of guests in a hotel ;
�ack of hot and cold runni... plumbing fixtures in a declared to be a substandard bttilding�
ttn
� ack of adequate heating ,
� ack of or improper operation of required ventila mt
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FINAL DRAFT
lighting ;91 L'ack of light and ventitation required by this Artictc;
rooms ;Dampness of habitable
k, Eack of or improper kitchen sink in a &mcfling tin
(2) Structural hazards shall include but shall not be limited to the following .
a. Deteriorated or inadequate hack of connection to required sewage disposal systems ,
b , Defective or deteriorated flooring or floor ,
Flooring or floor supports of insufficient size to carry imposed 1
with
d, i'victiThers of watts, partitions or other verticaf snpports that > ,
ceilings ,Members of walls , partitions or other vertical supports that ar
insufficient size to carry imposed loads with safetr,
idenThers of >
ccifing and roof supports or ot
horizontaf metHocrs which sag, split or blackle dve to defective
material or deterioratioir,
6 Members of ceilings , roofs , ceiling and roof supports or ot
loads with safety;
h. Fireplaces or chimneys which list, bulge or settle , c�ae to defective
material or deterioratioir,
Fireplaces or chimneys which are of insufficient size or streTlgth t�
I ed loads with safety.
(3 ) Any nuisance as defined in this Article ;
, CACCpt that which conformcd with all applicabfc laws in effect a
the time of installation and which has been maintained in good condition
is being used in a safe manner
(5 ) All plutHbing cxrept that which conformed with all applirabfc laws in cff-cc
at the time of installation and which has been maintained in good conditio
and which is free of cross-connections and siphonage between fixturer,
(6) All mechanical cquiptimit, itichiding vcnts � except that which conformed
with all applicable laws in eff-ect at the time of installation and which has
been maintained in good and safe condition;
(7) Any condition which canscs the strvctural metHocrs , spaces within walls,
attics , floors and similar areas or any other int%.i ivi nopatC M a building t
subjected to intrusion of the weather,
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FINAL DRAFT
vegetation,( S) Any bnifditig or portion, device, apparatus, equipment, cumbnstible waste or
vegetation which, in the opinion of the Fire etiicf, is in svch a condition to
cause a fire or explo i x * de a ready fuel to augment the spread an
intensity of fire or explosion arising from any ea-use ;
(9) All materials of construction except those which are specificaffy allowed or
approved by this Article and the Uniform Building eode , and which h
been adequately maintained in good and safe condition;
jnnk,
debris , dead
matterl >
combustible materials and similar materials or eonditions eonstittttes--�,
licafth or safety hazards . Af! violations refative to this Strbsection shall be
abated ulider the provisions as setforth in § § - - - - , -
- - - - - - ,
( f 1 ) Aff bnildings or portions not provided with adeqnate exit facifitics as
reqnired by this Article except those btfildings or portions whose exi
faeffities conformed with all applieable laws at the time of their constru
and whieh have been adequately maintained and increased in relation to-MTY
in occupant load, alteration or addition, or any efiangem ocenpancy.
When an unsafe condition exists throngh lack of or improper location o
exits , additional exits may be required to be installed;
( H) All buifditigs or portions whieh are not provided with the fire-resistive
construction or firc-cxtingnishing systems t required by-this
Artiele, exeept those buildings or portions which conformed wit!
applieable laws at the time of their construetion and whose fire-resistive
r and fire-extinguishing systems or equipment have been adeqn-at
alteration or addition, or any change in oce"Paney;
pttrposcs which were not designed or intended to b% nsed for sttcti
See. - .
The following standards shall be followed by the Director of Building
Zoning and by the Building Review Board if an appeaf is taken in ordering the
repair, vacation or demolition of any substandard bnilding or structurc .
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FINAL DRAFT
( f ) ff any building is dedared a strbstandard building under this Articte, it Shall
provided herein, or shall bc dcmolishcd at the option of the building owner.
(2) ff the building or strnctttre is in stich condition as to make it imillediatel
dangcrolus to the life, fitTTh , property or saf6ty of the public or of the
occupants, it shall be ordcrcd to be vacatcd.
See. 5-303 . Notice to vacate.
(a) Every notice tovacale a substandard building in addition to being served as
provided in § 5 -307 shat! be posted at or ttpoti cacti exit of the bttitditig, and shaff be
in mbstantially thc following form.
DE) NOT ENTE
ft is a tifisdemeatior to occvpy this btfilding or to remove or dcf�cc this notice .
Dircctor of Building and Zoning
eity of Fort eoiiins
(b) AvN'fictiever such notice is posted, the Director of Bnilding and Zoning shafil
the posting . No person shall remain in or enter the building which has been so
posted� except that entry may be madje to repair, demofish or remove stich building
under pertifit. No person stiall remove or dcfkc any svch notice after it is posted
tificate of oc I ed purstiant to the provisions of the Uniform Building
eode adopted in § 5 --26 . Any person viofating this Subsection shall upon conviction
be guilty of a tifisdenicatmr
Sec. 5-304. Procedure for appeafo
(a) Any person entitled to service tinder § 5 -307 may appeal from any notice an
order or any action of the Director of Building and Zoning tinder this Article by
fifing at the office of the Director a 1 11 1 1 a! on forms provided. Such forn
( f ) A heading in the words . " Before the Building Review Board of the eity o
Fort eoHins',
participating in the appeal ;
(3 ) A brief statement setting forth the legal interest of each of the appellants i
the building or the fand involved in the notice and order,
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FINAL DRAFT
(4) A brief statement in ordinary and concise fatignage of that specific order 0,
action protestcd, togethcr with any material fficts claimed to snpport the
contcntions of the appellant;
(5 ) A brief statement in ordinary and concise language of the relief sought an
the reasuns why it is claimed the protested order or actions shonfd be
reverscd, modified or otherwisc set aside ;
(6) The signatures of all parties named as appellants and their official maifin&�
(7) The Verification by declaration under penafty of petury of at least one ( f )
appcffatit as to the truth of the trattcrs stated in thc appcal .
(b) The appeal shall be filed within thirty (30) days from the date of service o
sncfi order or action of the Director of Building and Zoning . ff the bnifditig or
strnctlurc is in svch condition as to make it immediatcfy dangerous to the life , fiHb ,
property or safety of the public or adjaecnt property and is ordcrcd vacated and is
posted, such appeal shall be filed within ten ( f 0) days from the date of thk. 3%�l v
of the notice and order of the Director
(c) Upon rceeipt of any appcal filed pursuant to this Scetion, the Director of
Building and Zoning shall present it at the next regular or special meeting of the
Bttifding Review Board.
(d) Upon the next rcgularly schcduled meeting of the Building Rcview Board,
but no less than five (5 ) days nor more than forty-five (45 ) days from the date o
appeal filing, a hearing for the appeal shall be heard purstiant to the Procedures
Sec. 5-305. Repair of substandard buildings x equix ed.
Whenever the Director of Btfilding and Zoning has inspected or caused to b�-
inspected any building and has found and determined that stich building is
substandard btfifding, the Director shall commence proceedings to cattse filk. I
rehabilitation, vacation or demolition of the bttilding-.
The Dircetor of Building and Zoning shall isstic a notiec and order dirccte
to the record owner of the btfilding . The notice and order shall contain .
( 1 ) Tfic street addrcss and a legaf description sufficient for identification of tile
upon which the building is locatcd;
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FINAL DRAFT
(2) A statement that the Birector of BriMing and Zoning has found the btfitding
to be snbstandard mmith a brief and concise description of the conditions fonn
to render the building dangerous tinder the provisions of § 5 --240 ;
(3 ) A statement of the action required to be taken as determined by the Birector
a. ff the Director of Building and Zoning has determined that the
building or struettire intist be repaired, the order shall require that all
required permits be secured and the work physically commMiccul
within such time not to exeeed sixty (60) days from the date of the
order and eompleted within stieh time as the Direetor shall determine
is reasonabiv. under alf of the circumstances .
b . ff the Director of Btfilding and Zoning has determined tha
building or struettire nmst be vaeatedl the order shall require that the
building or structme shalf be vacated within a certain time from the
date of the order as dctelmitted by th%., Director to be reasonab!
-if the Direetor of Building and Zoning has determined that the
building or strttetttre must be demolished, the order shall require that,
the blailding be vacated within stich time as the Director shall
determine reasonable not to exeeed sixty (60) days from the date o
the order, that all required permits be seettred within sixty (60) days
ftom the date of the order and that the demolition be complete
within sitich time as the Director shaff determine is rcasonabfc-.
(4) Statements advising that if any required repair or demolition work without
vacation also being reqtfired is not eommeneed within stteh time specified-,
the Director of Building and Zoning will order the bnifditig vacated and
posted to prevent ffirther occupancy until the work is completed;
(5 ) Statements advising that any person having any record titfe or fegal interes
in the btfifffing may appeal ftom the notice and order or any action of -- ,
Director of Building and Zoning to the Building Review Board, provided tha
the appeal is made ill VV I I I Llllrn UO Firovided in this Artiele, and filed wit
Director within thirty (30) days from the date of serviee of such notice an
order; and that f�ilurc to appeaf will constitvtte a waiver of aff right to at
administrative hearing and determination of the matter.
See. 5-307. Set-vice of notice and order For repair of snbstandard buildings.
(a) The notiee and order and any amended or supplemental notiee and order shall
be served upon the record owner and posted on the property. One ( f ) copy shat! be
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FINAL DRAFT
time ,served on cacti of the following if known to the Director of Bnlfditig and Z
disclosed ftom official pubfic records, the hotdcr of any mortgagc or deed of trnst or
other lien or encumbrance of record, the owner or holder of any lease of record an
the holder of any other estate or legal interest of record in or to the building or the
land on which it is tocated. The ffiifnre of the Director to serve any person required
herciti to be served shall not itivafidatc any proceedings here"tider as to any persoti
duly served or relieve any stich person from any duty or obligation imposed on the
Director by the provisions of this Section.
(b) Service of the tioticc and order shaff bc madc upon att persons ctititted thcreto
either personally or by mailing a copy of such notice and order by certified mail,
postage prepaid, return sted� to each such person at the address as it
appears on the last equalized assessment roll of ttic eotinty or as known t
Director of Bvilding and Zoning . f f no address of any svch person so appea, 3 or iS
known to the Director, then a copy of the notice and order shall be mailed, addresse
to such person, at the address of the btlilding involved in the proceedings . The f�ilttre
of any such person to receive snch notice shaff not aff-ect the validity of any
provided shall be eff-ective on the date of mailing .
(c) Proof of service of the notice and order shall be certified to at the time o
eff-ecting service , declaring the date and manner in which service was made .
The declaration, together with any receipt card returned in acknowledgment o
receipt by certified mail shaff be affixed to the copy of the notice and order retaine
by tfic Director of Bttitding and Zonirrg-.
(d) finmediate and imminent hazards to the public health and safety, as
determined by the Director of Building and Zoning, Fire Marshal or Health Officer,
�s contammg such building thereon, may be subject to immediate
abatement as specified in § -20-4 .
Sec. 5-308. Certificates to be file&
if there is not compf iance with the order within the time specified therein, and
shall file in the office of the eounty elerk and Recorder a certificate describing the
property at d certif ing that the building is a substandard building and that the owne
has been so notified. Whenever the corrections ordered shaff thereafter have beei
building on the property described in the certificate, the Director shall file a nelvmvF
certificate with the eotinty elerk and Recorder certifying that the building has bee
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demolished or aff required corrections have been madc so that the bttildixxt 'AS t-M
tonger substandard, whicticver is appropriate .
Sec. 5-309. Failure to fife appents-.
Failure of any person to file an appeal in aceordance with the provisions o
hearing and adjudieation of the notice and order or to any portion thereof.
Sec. 5-3tO. Matters to be considered at hem-ingso
considered in the hearing of the appmh
See. 5-3tt . Staying of order mider appeal.
ice and order of the Director of i3nifding and Zoning issued tinder this A
shat! be stayed during the pendency of an appeal thcrcfront which is property an
timely filed.
See. 5-3t2 . Procedure for hearing appeals.
Proeedttres for hearing any appeal before the Building Review Boa
provided for in this Artiele shall be in accordanee with § -2 -47 et SCT.
Sec. 5-3t3 . Failure to comply .
(a) After any order of the Director of Btfitding and Zoning or the Bttitding
Review Board made pursuant to this Article shall have become final, no person to
whom any stieh order is directed shall ffiil, negleet or refuse to obey any such order.
Any sttcfi person who ffiits to comply with any such order tt, )n shall be
(b) ff, after any order of the Direetor of Building and Zoning or the Btfildin6-
Review Board madc pursnant to this Article has become fitiat, the person to Whom
such order i3 dirccted shatt fail , ticgtect or rcffise to obey snch order, the Director
may emse sueh person to be prosecuted under (a) above or institute any appropriate
(30) days after final notiee and order issued under this Artiele becomes effeetive .
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(2) No person shat! occupy any bnflding which has been posted as specified it
this Section. No person shatt rmnove or dcf�cc any such notice so posted
tintil the repairs , demolition or removal ordcrcd by the Director of Buffding
and Zoning have been completed and a certificate of OCCUFaTICY ISStled
purstiant to the provisions of the Uniform Building eode adopted in § 5 --26 .
Sec. 5-3H. Extension of time fbi compliance;
epon rcccipt of an application form ftom th%. person required to Conform to
the order and an agrccment by stich pmon that hc will comply with the order i
allowed additional timel the Director of Building mid Zoning may grant an extensio
of fimc5 not to exceed an additional one lintidred twenty ( 1 -20) days, Within which to
comptete the repair, rehabilitation or dctnofition, if the Bircctor determines that suct
an extension of time will not creatc or perpenate a situation immincnfly dangcrons
to life or property. The Director's atithority to extend time is limited to the physical
repair, relia-bif itation or demotition of the premises and wif f not in any way aff-ect or
extend the finic to appeal the notice and order .
Introduced, considered favorably on first reading, and ordered published this 7th day of
October, A . D . 2008 , and to be presented for final passage on the 21st day of October, A. D . 2008 .
Mayor
ATTEST :
City Clerk
Passed and adopted on final reading on the 21st day of October, A. D . 2008 .
Mayor
ATTEST :
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City Clerk
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