HomeMy WebLinkAbout127 - 08/17/2004 - AMENDING CHAPTER 5, ARTICLE IV OF THE CITY CODE TO REPEAL THE 1991 UNIFORM BUILDING CODE AND ADOPT T ORDINANCE NO. 127, 2004
OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 5, ARTICLE IV OF THE CITY CODE
FOR THE PURPOSE OF REPEALING THE 1991 UNIFORM BUILDING CODE
AND ADOPTING THE 2003 INTERNATIONAL MECHANICAL CODE,
WITH AMENDMENTS AND ADOPTING THE 2003 INTERNATIONAL
FUEL GAS CODE, WITH AMENDMENTS
WHEREAS, the current mechanical code adopted by City is based on the UNIFORM
MECHANICAL CODE, 1991 EDITION, published by the International Conference of Building
Officials (ICBO), as enacted in March 1994; and
WHEREAS, ICBO has since merged with the other two nationally prominent building-
code promulgating organizations, Building Officials and Code Administrators International, Inc.
(BOCA) and Southern Building Code Congress International (SBCCI), to form International
Code Council (ICC); and
WHEREAS, ICC jurisdiction members, following extensive deliberation, have published
the 2003 INTERNATIONAL MECHANICAL CODE as the ICC's most recent edition of a
mechanical code regulating the design, installation, maintenance, alteration and inspection of
mechanical heating, cooling, and ventilating systems that are permanently installed and utilized
to provide control of environmental conditions and related processes within buildings; and
WHEREAS, a Code Review Task Group (represented by code officials from the City of
Fort Collins and Latimer County, the heating and cooling industry in the Latimer County region,
the Home Builders' Association of Northern Colorado, various product suppliers, building
science professionals from E-Star Colorado) has completed a review of the 2003
INTERNATIONAL MECHANICAL CODE and the proposed amendments thereto; and
WHEREAS, the Building Review Board has made certain recommendations with respect
to the adoption of the 2003 INTERNATIONAL RESIDENTIAL CODE and proposed
amendments; and
WHEREAS, the Council of the City of Fort Collins has determined that it is in the best
interest of the health, safety and welfare of the City and its citizens that the 2003
INTERNATIONAL MECHANICAL CODE, as amended be adopted.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITH OF
FORT COLLINS that Chapter 5, Article IV of the Code of the City of Fort Collins is hereby
amended in the following respects:
Section 1. That Sections 5-106 through 5-109 are hereby repealed and Sections 5-
106 through 5-108 are hereby reenacted to read as follows:
Sec. 5-106. Adoption of mechanical code standards.
Pursuant to the power and authority conferred on the City Council by Section 31-
16-202, C.R.S., and Article H, Section 7 of the Charter, the City Council hereby adopts,
as the mechanical code of the city, the 2003 International Mechanical Code@ (2003
IMCO) published by the International Code Council, Inc., which shall have the same
force and effect as though set forth herein in full. The subject matter of the 2003
International Mechanical Code@ (2003 IMC@) adopted herein includes comprehensive
provisions and standards regulating and controlling the design, construction, installation,
quality of materials, location, operation and maintenance of heating, ventilating, cooling
and refrigeration system, incinerators, miscellaneous heat-producing appliances the
purposes of protecting public health, safety, and general welfare.
Sec. 5-107. Amendments and deletions to code.
The 2003 International Mechanical Code@ (2003 IMCO) published by the International
Code Council, Inc., adopted in Section 5-106 is hereby amended and changed in the following
respects:
Section 101.2, "Scope.", is hereby amended by deleting exception "2."
Section 102.8, "Referenced codes and standards.", is hereby amended by adding the
following new subsections:
"102.8.1 All references to the International Building Code shall mean the general building code
currently in effect as enacted by the City.
102.8.2 All references to the International Plumbing Code shall mean current plumbing code in
effect in the City.
102.8.3 All references to the International Fire Code shall mean the fire code currently in effect
as enacted by the City.
102.8.4 All references to "flood hazard" shall refer to the Code of the City, Chapter 10, Flood
Prevention and Protection."
Section R103 is hereby amended in its entirety to read as follows:
"SECTION R103—CODE ADMINISTRATION
R103.1 Entity charged with code administration. The Building and Zoning Department as
established by the Code of the City, is hereby charged with the administration and enforcement
of this code.
R103.2 Building official. The building official is charged with the administration of this code,
and in the performance of said duties may delegate the necessary authority to the appropriate
technical, administrative, and compliance staff under the supervision of the building official."
Section, 106, "PERMITS.", is hereby amended in the following respects:
(a) Section, 106.3.1, "Construction documents.", is hereby revised to read as follows:
"106.3.1 Construction documents. Construction documents, engineering calculations,
diagrams and other data shall be submitted in two or more sets with each application for a
permit. The building official shall require construction documents, computations and
specifications to be prepared and designed by a registered design professional when
required by state law or when the building official determines conditions warrant such.
Construction documents shall be drawn to scale and shall be of sufficient clarity to indicate
the location, nature and extent of the work proposed and show in detail that the work
conforms to the provisions of this code. Construction documents for buildings more than
two stories in height shall indicate where penetrations will be made for mechanical
systems, and the materials and methods for maintaining required structural safety, fire-
resistance rating and fireblocking.
Exception: The code official shall have the authority to waive the submission of
construction documents, calculations or other data if the nature of the work applied for is
such that reviewing of construction documents is not necessary to determine compliance
with this code.
(b) Section, 106.3, "Application for permit.", is hereby amended by adding a new
subsection, "106.3.2 Time limit of application.", to read as follows:
"106.3.2 Time limitation of application. Applications for which a permit has not been
issued within 90 days following the date of application shall automatically expire and plans
submitted for code-compliance review may thereafter be returned to the applicant or
destroyed by the building official. The building official may extend the time for action by the
applicant for a period not exceeding 90 days, upon receipt of a written request by the
applicant showing that circumstances beyond the control of the applicant have prevented
action from being taken. In order to renew action on an application after expiration, the
applicant shall resubmit plans and plan review fee as provided in this Code.
Exception: For applications to construct affordable housing units as defined in Section
26-631 of the Code of the City, such expiration shall occur when a permit has not been
issued within 180 days following the date of permit application."
(c) Subsection 106.4.3, "Expiration. ", is hereby amended to read as follows:
"106.4.3 Permit expiration and incompletion of authorized work. Every permit issued,
both prior to and subsequent to the effective date of this code, shall become invalid unless
the work authorized by such permit is commenced within 180 days after its issuance, or if the
work authorized by such permit is suspended or abandoned for a period of 180 days after the
time the work is commenced. The building official is authorized to grant, in writing,
extensions of time, for periods not more than 180 days each. The extension shall be
requested in writing and justifiable cause demonstrated. No more than two such extensions
may be granted by the building official without the permit holder first requesting and being
granted the additional extension(s) by the Building Review Board pursuant to Section R112
of the International Residential Code as adopted by the City.
Both prior to and subsequent to the effective date of this code, any work authorized by a
permit regulated by this code or any other building construction code administered by the
building official that involves the construction or alteration of an exterior building
component, assembly or finish material, such as the foundation, wall and roof framing,
sheathing, siding, fenestration, and roof covering, shall be fully finished and completed for
permanent outdoor exposure within 24 months of date of this issuance of such permit,
regardless of when the permit was issued. Failure to comply with the preceding specified
time-period shall constitute a violation of this code, resulting in revocation of the permit and
subject the permit holder and property owner to all penalties provided by the Code of the
City. No such revoked permit may be reinstated or a new permit issued therefore without the
property owner or permit holder first requesting and being granted such reinstatement or
issuance of a new permit by the Building Review Board pursuant to Section R112 of the
International Residential Code as adopted by the City
(d) Subsection 106.5, "Fees.", is hereby amended in its entirety to read as follows:
"106.5. Fees. No permit or amendments thereto and related construction plans therefor shall
be valid until the fees prescribed by the City Manager pursuant to Chapter 7.5, ARTICLE I
of the Code of the City, entitled, "ADMINISTRATIVE FEES", have been paid.
106.5.1 Work commencing before permit issuance. In addition to penalties set forth in
Section 108.4, any person or firm who, before obtaining the necessary permit(s),
commences any construction of, or work on, a building, structure, electrical, gas,
mechanical or plumbing system that is not otherwise exempted from obtaining a permit,
shall be subject to a processing and penalty fee in addition to the standard prescribed
permit fee. Such additional fee shall be equal to the permit fee, except that such fee shall
not be less than fifty dollars ($50) nor more than one thousand dollars ($1,000) for the
first such violation. A person or firm committing the same such violation repeatedly is
subject to processing and penalty fees equal to double the amount of the permit fee or
double the amount of the preceding violation, whichever is greater, for every same such
subsequent violation committed thereafter within any 180-day period. The foregoing fees
may be appealed to the City manager pursuant to Chapter 2, Article VI of the Code of the
City.
106.5.2 Related fees. The payment of the fee for the construction, alteration, removal or
demolition for work done in connection with or concurrently with the work authorized by
a permit shall not relieve the applicant or holder of the permit from the payment of other
fees that are prescribed by law.
106.5.3 Fee refunds. Any fee paid hereunder that is erroneously paid or collected shall
be refunded. The building official may authorize the refunding of 90% of a plan review
fee or building permit fee to the applicant who paid such fee pursuant to this section,
provided the plan review or work authorized under a permit issued in accordance with
this Code is withdrawn or cancelled and has not commenced and provided such plan
review or permit is valid and not expired as set forth in this section. Prior to authorizing
the refunding of any fee paid to the original applicant or permitee, a written request from
such party must be submitted to the City within 180 days of the date of the fee payment."
Section 108.4, "Violation penalties.'; is hereby amended to read as follows:
"108.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to
comply with any of the requirements thereof or who shall erect, install, alter or repair mechanical
work in violation of the approved construction documents or directive of the code official, or of
a permit or certificate issued under the provisions of this code, shall be guilty of a misdemeanor
subject to the penalties and fines pursuant to Section 1-15 of the Code of the City, punishable by
a fine of not more than $1,000.00 dollars, or by imprisonment not exceeding 180 days, or both
such fine and imprisonment. Each day that a violation continues after due notice has been served
shall be deemed a separate offense."
Section 109, "MEANS OF APPEAL", is hereby amended in its entirety to read as follows:
"109.1 Application for appeal. All appeals of a decision of the building official shall be made
to the Building Review Board established in Section 2-117 of the Code of the City and as set
forth in Section R112 of the International Residential Code adopted by the City.
Section 303.3, "Prohibited locations.", is hereby amended by deleting exceptions "3." and "4."
thereto (indicated by the strikeout text below) with the remaining exceptions 11
1.11
, "2.", and "5."
renumbered in numerical sequence.
Section 304.9, "Clearances from grade.", is hereby amended to read as follows:
"304.9 Clearances from grade. Equipment and appliances installed at grade level shall be
supported by and placed on a level concrete slab or other approved material extending a
minimum of 3 inches (76 mm) above adjoining grade or shall be suspended a minimum of 6
inches (152 mm) above adjoining grade."
Section 401.5.1, "Intake openings.", is hereby amended to read as follows:
"401.5.1 Intake openings. Mechanical and gravity outside air intake openings, shall be located a
minimum of 10 feet (3048 mm) horizontally from any hazardous or noxious contaminant such as
vents, chimneys, plumbing vents, streets, alleys, parking lots and loading docks, except as
otherwise specified in this code. Where a source of contaminant is located within 10 feet (3048
mm) horizontally of an intake opening, such opening shall be located a minimum of 2 feet (610
mm) below the contaminant source. The exhaust from a bathroom or kitchen in a dwelling shall
not be construed to be a hazardous or noxious contaminant."
Section 406.1, "General.", is hereby amended to read as follows:
"406.1 General. Uninhabited spaces such as crawl spaces and attics shall be provided with
natural ventilation openings as required by the current general building code enacted by the City
or shall be provided with a mechanical exhaust and supply air system as prescribed in Section
R408 or R806, whichever is applicable, of the 2003 INTERNATIONAL RESIDENTIAL CODE
adopted by the City."
Section 504, "CLOTHES DRYER EXHAUST". is hereby amended in the following respects:
(a) Subsection 504.1, "Installation.", is hereby amended by deleting the exception
thereto, and the amended subsection shall read as follows:
"504.1 Installation. Clothes dryers shall be exhausted in accordance with the manufacturer's
instructions. Dryer exhaust systems shall be independent of all other systems and shall
convey the moisture and any products of combustion to the outside of the building.
(b) Subsection 504.6.1, "Maximum length.", is hereby amended by adding new
language and deleting the exception thereto, and the amended subsection shall
read as follows:
504.6.1 Length limitation and termination. The maximum length of a clothes dryer
exhaust duct shall not exceed 25 feet (7.62 m) from the dryer location to the wall or roof
termination. The maximum length of the duct shall be reduced 2.5 feet (0.762 m) for each
45-degree (0.79 rad) bend and 5 feet (1.524 m) for each 90-degree (1.6 rad) bend. The
maximum length of the exhaust duct does not include the transition duct. Dryer exhaust duct
terminations shall not be located within 36 inches (914 mm) of exterior openings into
conditioned spaces, crawl spaces, and attic spaces.
Section 506.3.10, "Grease duct enclosure.", is hereby amended by deleting the second exception
thereto.
Section 507.2.1, "Type I hoods.", is hereby amended to read as follows:
"507.2.1 Type I hoods. Type I hoods shall be installed where cooking appliances produce grease
or smoke, such as occurs with griddles, fryers, broilers, ranges and wok ranges."
Section 512.1, " General.", is hereby revised to read as follows:
512.1 General. When a subslab soil exhaust system is provided, the duct for such system shall
conform to the requirements of Appendix Chapter F of the 2003 INTERNATIONAL
RESIDENTIAL CODE, `The FORT COLLINS RADON RESISTANT CONSTRUCTION CODE
FOR ONE-AND TWO-FAMILY DWELLINGS', Sections, A17103.2, AF103.5.1, and AF103.5.2. "
Section 602, "PLENUMS", is hereby amended in the following respects:
(a) Subsection 602.2, "Construction.", is hereby amended to read as follows:
"602.2 Construction. Plenum enclosures shall be constructed of materials permitted for the
type of construction classification of the building. The use of gypsum boards to form
plenums shall be limited to dwelling units with systems where the air temperatures do not
exceed 125 °F (52 °C) and the building and mechanical system design conditions are such
that the gypsum board surface temperature will be maintained above the air stream dew-point
temperature. Air plenums formed by gypsum boards shall not be incorporated in air-handling
systems utilizing evaporative coolers."
(b) Subsection 602.1.5.1, "Separation required.", is hereby amended to read as follows:
"602.2.1.5.1 Separation required. The foam plastic insulation shall be separated from the
plenum by an approved thermal barrier having an index of 15 when tested in accordance with
UBC Standard 26-2 or an equivalent standard."
(c) Section 602.3, "Stud cavity and joist space plenums.", is hereby amended to read as
follows:
"602.3 Stud cavity and joist space plenums. Combustible studwall cavities and the spaces
between solid floor joists shall not be utilized as air plenums.
Exception: Combustible studwall cavities within dwelling units may be used as plenums
provided they comply with the following conditions:
1. Such cavities or spaces shall not be utilized as a plenum for supply air.
2. Such cavities or spaces shall not be part of a required fire-resistance-rated assembly.
3. Stud wall cavities shall not convey air from more than one floor level.
4. Stud wall cavities and joist space plenums shall comply with the floor penetration
protection requirements of the current general building code enacted by the City.
5. Studwall cavities and joist space plenums shall be isolated from adjacent concealed
spaces by approved fireblocking as required in the general building code currently in
effect as enacted by the City.
6. Such cavities are tested for air-tightness in accordance with Section N1112.5.3 of the
2003 INTERNATIONAL RESIDENTIAL CODE as adopted by the City."
Section 603, "DUCT CONSTRUCTION AND INSTALLATION", is hereby amended in the
following respects:
(d) Subsection 603.2, "Duct sizing.", is hereby amended to read as follows:
"603.2 Duct sizing. Ducts installed within a single dwelling unit shall be sized in accordance
with ACCA Manual D or other approved methods and installed in accordance with Section
M1601.1 of the 2003 INTERNATIONAL RESIDENTIAL CODE as adopted by the City.
Ducts installed within all other buildings shall be sized in accordance with the ASHRAE
Handbook of Fundamentals or other equivalent computation procedure."
(e) Subsection 603.9, "Joints, seams, and connections.", is hereby amended to read as
follows:
"603.9 Joints, seams, and connections. All longitudinal and transverse joints, seams and
connections in metallic and nonmetallic ducts shall be constructed as specified in SMACNA
HVAC Duct Construction Standards—Metal and Flexible and NAIMA Fibrous Glass Duct
Construction Standards. All joints, longitudinal and transverse seams and connections shall
be securely fastened and sealed with welds, gaskets, mastics (adhesives), mastic-plus-
embedded-fabric systems or tapes. Tapes and mastics used to seal ductwork shall be listed
and labeled in accordance with UL 181A and shall be marked "181A-P" for pressure-
activated tape, "181A-M" for mastic, or "181A-H" for heat-activated tape. Tapes and
mastics used to seal flexible air ducts shall comply with UL 181B and shall be marked
"18113-FX" for pressure-activated tape, "18113-M" for mastic. Duct connections to flanges of
air distribution system equipment shall be sealed and mechanically fastened. Crimp joints for
round ducts shall have a contact lap of at least 1.5 inches (38 mm) and shall be mechanically
fastened by means of at least three sheet metal screws or rivets equally spaced around the
joint. Tapes shall not be permitted as a sealant on any metal ducts unless such tapes are
specifically listed for such purpose."
(f) New subsection 603.18, " Duct protection during construction.", is hereby added,
reading as follows:
"603.18. Construction debris and contamination. Mechanical air-handling systems and
their related ducts shall be protected from the entrance of dirt, debris, and dust during the
construction and installation process. Prior to passing final inspection or issuance of a
Certificate of Occupancy, such systems shall be substantially free of construction-related
contaminants."
Section 607.4, "Access and identification.: is hereby amended to read as follows:
"607.4 Access and identification. Fire and smoke dampers shall be provided with an approved
means of access, large enough to permit inspection and maintenance of the damper and its
operating parts. The access shall not affect the integrity of fire-resistance-rated assemblies. The
access openings shall not reduce the fire-resistance rating of the assembly. Access points shall be
permanently identified on the exterior of the damper and located without the removal of finish
ceiling works by a label having red letters not less than 0.5 inch (12.7 mm) in height reading:
SMOKE DAMPER or FIRE DAMPER. Access doors in ducts shall be tight fitting and suitable
for the required duct construction."
Section 708, "COMBUSTION AIR DUCTS", is hereby amended in the following respects:
(a) The exception to Item, " 1.", is hereby amended to read as follows:
"Exception: Where the installation of galvanized steel ducts is not practical due to
existing finish materials within dwelling units that are undergoing alteration or
reconstruction, unobstructed stud and joist spaces shall not be prohibited from conveying
combustion air, provided that not more than one required fireblock is removed."
(b) This section is hereby further amended by adding a new item, "9.", thereto, which
reads as follows:
"9. All combustion air openings or ducts shall be readily identifiable with an approved
label or by other means warning persons that obstruction of such openings or ducts may
cause fuel-burning equipment to release combustion products and dangerous levels of
carbon monoxide into the building."
Section 709, "OPENING OBSTRUCTIONS", is hereby amended by changing language and
adding new Subsection, "709.3 Fire/Smoke dampers.", with the entire section reading as follows:
"SECTION 709—OPENING OBSTRUCTIONS
709.1 General. The required size of openings for combustion and dilution air shall be based on
the net free area of each opening. The net free area of an opening shall be that specified by the
manufacturer of the opening covering. In the absence of such information, openings covered
with metal louvers shall be deemed to have a net free area of 75 percent of the area of the
opening, and openings covered with wood louvers shall be deemed to have a net free area of 25
percent of the area of the opening. Louvers and grills shall be fixed in the open position.
Exception: Louvers interlocked with the appliance so that they are proven to be in the full
open position prior to main burner ignition and during main burner operation. Means shall be
provided to prevent the main burner from igniting if the louvers fail to open during burner
startup and to shut down the main burner if the louvers close during operation.
709.2 Dampered openings. Where the combustion air openings are provided with volume
dampers, such dampers shall be electrically interlocked with the firing cycle of the appliances
served, so as to prevent operation of any appliance that draws combustion and dilution air from
the room when any of the dampers are closed. Manually operated dampers shall not be installed
in combustion air openings.
709.3 Fire/Smoke dampers. Combustion air duct shall not be run through walls or ceilings
required to be fire/smoke dampered."
Section 801.19, "Multistory prohibited.", is hereby amended to read as follows:
"801.19 Multistory prohibited. Common venting systems for appliances located on more than
one floor level shall be prohibited, except engineered systems where all of the appliances served
by the common vent are located in rooms or spaces that are accessed only from the outdoors.
The appliance enclosures shall not communicate with the occupiable areas of the building."
Section 903, "FACTORY-BUILT FIREPLACES", is hereby amended by adding new subsection,
"903.1.1 Solid fuel fireplaces and appliances.", and deleting section "903.3 Unvented gas log
heaters.", resulting in the entire section amended to read as follows:
"SECTION 903—FACTORY-BUILT FIREPLACES
903.1 General. Factory-built fireplaces shall be listed and labeled and shall be installed in
accordance with the conditions of the listing. Factory-built fireplaces shall be tested in
accordance with UL 127.
903.1.1 Solid fuel fireplaces and appliances. Solid fuel fireplaces, fireplace stoves and
solid-fuel-type room heaters shall also comply with Section 5-110 of the Code of the City.
903.2 Hearth extensions. Hearth extensions of approved factory-built fireplaces and fireplace
stoves shall be installed in accordance with the listing of the fireplace. The hearth extension shall
be readily distinguishable from the surrounding floor area."
Remaining Chapters 10 through 14 are hereby adopted without revisions as published.
Sec. 5-108. Definitions.
The following words, terms and phrases, when used in this Article and the code
adopted in §5-106, shall have the meanings ascribed to them in this Section:
Whenever the word municipality, jurisdiction or city is used, it shall mean the City of
Fort Collins.
Whenever the term Building Official is used, it shall be synonymous with Director of
Building and Zoning or authorized representative.
Section 2. That the Code of the City of Fort Collins is hereby amended by the
addition of a new Section 5-111 which shall read in its entirety as follows:
Sec. 5-111. Adoption of standards for fuel-gas piping, equipment, and accessories.
"Pursuant to the power and authority conferred on the City Council by
Section 31-16-202, C.R.S., and Article 11, Section 7 of the Charter, the City Council
hereby adopts as the fuel gas code of the city, the 2003 International Fuel Gas Code®
(2003 IFGC®) published by the International Code Council, Inc., which shall have the
same force and effect as though set forth herein in full. The subject matter of the 2003
International Fuel Gas Code® (2003 IFGC®) adopted herein includes comprehensive
regulations governing the design, installation, maintenance, alteration and inspection of
fuel-gas piping systems, fuel-gas utilization equipment and related accessories for the
purposes of protecting public health, safety, and general welfare."
Section 3. That the Code of the City of Fort Collins is hereby amended by the
addition of a new Section 5-116 which shall read in its entirety as follows:
Sec. 5-116. Amendments and deletions to code.
The 2003 International Fuel Gas Code@ (2003 IFGCO) published by the International
Code Council, Inc., adopted in §5-115 is hereby amended and changed in the following respects:
(1) Section 101.2, "Scope.", is hereby amended by deleting exception "2."
(2) Section 102.8, "Referenced codes and standards.", is hereby amended by adding the
following new subsections:
"102.8.1 All references to the International Building Code shall mean the general building code
currently in effect as enacted by the City.
102.8.2 All references to the International Plumbing Code shall mean current plumbing code in
effect in the City.
102.8.3 All references to the International Fire Code shall mean the fire code currently in effect
as enacted by the City.
102.8.4 All references to "flood hazard" shall refer to the Code of the City, Chapter 10, Flood
Prevention and Protection."
(3) Section R103 is hereby amended in its entirety to read as follows:
SECTION R103— CODE ADMINISTRATION
R103.1 Entity charged with code administration. The Building and Zoning Department as
established by the Code of the City, is hereby charged with the administration and enforcement
of this code.
R103.2 Building official. The building official is charged with the administration of this code,
and in the performance of said duties may delegate the necessary authority to the appropriate
technical, administrative, and compliance staff under the supervision of the building official."
(4) Section, 106, "PERMITS.", is hereby amended in the following respects:
Section, 106.3, "Application for permit.", is hereby amended by adding a new
subsection, "106.3.2 Time limit of application.", to read as follows:
"R106.3.2 Time limitation of application. Applications for which a permit has not been
issued within 90 days following the date of application shall automatically expire and plans
submitted for code-compliance review may thereafter be returned to the applicant or
destroyed by the building official. The building official may extend the time for action by the
applicant for a period not exceeding 90 days, upon receipt of a written request by the
applicant showing that circumstances beyond the control of the applicant have prevented
action from being taken. In order to renew action on an application after expiration, the
applicant shall resubmit plans and plan review fee as provided in this Code.
Exception: For applications to construct affordable housing units as defined in Section
26-631 of the Code of the City, such expiration shall occur when a permit has not been
issued within 180 days following the date of permit application."
Subsection 106.4.3, "Expiration.", is hereby amended to read as follows:
"106.4.3 Permit expiration and incompletion of authorized work. Every permit issued,
both prior to and subsequent to the effective date of this code, shall become invalid unless
the work authorized by such permit is commenced within 180 days after its issuance, or if the
work authorized by such permit is suspended or abandoned for a period of 180 days after the
time the work is commenced. The building official is authorized to grant, in writing,
extensions of time, for periods not more than 180 days each. The extension shall be
requested in writing and justifiable cause demonstrated. No more than two such extensions
may be granted by the building official without the permit holder first requesting and being
granted the additional extension(s) by the Building Review Board pursuant to Section R112
of the International Residential Code as adopted by the City.
Both prior to and subsequent to the effective date of this code, any work authorized by a
permit regulated by this code or any other building construction code administered by the
building official that involves the construction or alteration of an exterior building
component, assembly or finish material, such as the foundation, wall and roof framing,
sheathing, siding, fenestration, and roof covering, shall be fully finished and completed for
permanent outdoor exposure within 24 months of date of this issuance of such permit,
regardless of when the permit was issued. Failure to comply with the preceding specified
time-period shall constitute a violation of this code, resulting in revocation of the permit and
subject the permit holder and property owner to all penalties provided by the Code of the
City. No such revoked permit may be reinstated or a new permit issued therefor without the
property owner or permit holder first requesting and being granted such reinstatement or
issuance of a new permit by the Building Review Board pursuant to Section R112 of the
International Residential Code as adopted by the City
Subsection 106.5, "Fees.", is hereby amended in its entirety to read as follows:
"106.5. Fees. No permit or amendments thereto and related construction plans therefor shall
be valid until the fees prescribed by the City Manager pursuant to Chapter 7.5, ARTICLE I
of the Code of the City, entitled, "ADMINISTRATIVE FEES", have been paid.
106.5.1 Work commencing before permit issuance. In addition to penalties set forth in
Section 108.4, any person or firm who, before obtaining the necessary permit(s),
commences any construction of, or work on, a building, structure, electrical, gas,
mechanical or plumbing system that is not otherwise exempted from obtaining a permit,
shall be subject to a processing and penalty fee in addition to the standard prescribed
permit fee. Such additional fee shall be equal to the permit fee, except that such fee shall
not be less than fifty dollars ($50) nor more than one thousand dollars ($1,000) for the
first such violation. A person or firm committing the same such violation repeatedly is
subject to processing and penalty fees equal to double the amount of the permit fee or
double the amount of the preceding violation, whichever is greater, for every same such
subsequent violation committed thereafter within any 180-day period. The foregoing fees
may be appealed to the City manager pursuant to Chapter 2, Article VI of the Code of the
City.
106.5.2 Related fees. The payment of the fee for the construction, alteration, removal or
demolition for work done in connection with or concurrently with the work authorized by
a permit shall not relieve the applicant or holder of the permit from the payment of other
fees that are prescribed by law.
106.5.3 Fee refunds. Any fee paid hereunder that is erroneously paid or collected shall
be refunded. The building official may authorize the refunding of 80% of a plan review
fee or building permit fee to the applicant who paid such fee pursuant to this section,
provided the plan review or work authorized under a permit issued in accordance with
this Code is withdrawn or cancelled and has not commenced and provided such plan
review or permit is valid and not expired as set forth in this section. Prior to authorizing
the refunding of any fee paid to the original applicant or permitee, a written request from
such party must be submitted to the City within 180 days of the date of the fee payment."
(5) Section 108.4, "Violation penalties.", is hereby amended to read as follows:
"108.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to
comply with any of the requirements thereof or who shall erect, install, alter or repair mechanical
work in violation of the approved construction documents or directive of the code official, or of
a permit or certificate issued under the provisions of this code, shall be guilty of a misdemeanor
subject to the penalties and fines pursuant to Section 1-15 of the Code of the City, punishable by
a fine of not more than $1,000.00 dollars, or by imprisonment not exceeding 180 days, or both
such fine and imprisonment. Each day that a violation continues after due notice has been served
shall be deemed a separate offense."
(6) Section 303.3, "Prohibited locations.", is hereby amended by deleting exceptions "3." and
"4." thereto with the remaining exceptions "1.", ..2.", and "5." renumbered in numerical
sequence.
(7) Section 304.5, "Indoor combustion air.", is hereby amended to read as follows:
"304.5 Indoor combustion air. The required volume of indoor air shall be determined in
accordance with Section 304.5.1 or 304.5.2, when the air infiltration rate is demonstrated to be
0.40 air changes per hour (ACH) or greater. Where the air infiltration rate is demonstrated to be
less than 0.40 ACH, Section 304.5.2 shall be used. The total required volume shall be the sum of
the required volume calculated for all appliances located within the space. Rooms
communicating directly with the space in which the appliances are installed through openings
not furnished with doors, and through combustion air openings sized and located in accordance
with Section 304.5.3, are considered to be part of the required volume."
(8) Section 304.11, "Combustion air ducts.", is hereby amended in the following respects:
The exception to Item,"1", is hereby amended to read as follows;
"Exception: Where the installation of galvanized steel ducts is not practical due to
existing finish materials within dwelling units that are undergoing alteration or
reconstruction, unobstructed stud and joist spaces shall not be prohibited from conveying
combustion air, provided that not more than one required fireblock is removed."
This section is hereby further amended by adding a new item, "9.", thereto, which shall read as
follows:
"9. All combustion air openings or ducts shall be readily identifiable with an approved
label or by other means warning persons that obstruction of such openings or ducts may
cause fuel-burning equipment to release combustion products and dangerous levels of
carbon monoxide into the building."
(I) Section 305.3, "Elevation of ignition source.", is hereby amended by deleting the exception
thereto, and the amended section shall read as follows:
"305.3 Elevation of ignition source. Equipment and appliances having an ignition source shall
be elevated such that the source of ignition is not less than 18 inches (457 mm) above the floor in
hazardous locations and private garages. For the purpose of this section, rooms or spaces that are
not part of the living space of a dwelling unit and that communicate directly with a private
garage through openings shall be considered to be part of the private garage.
(2) Section 305.7, "Clearances from grade.", is hereby amended to read as follows:
"305.7 Clearances from grade. Equipment and appliances installed at grade level shall be
supported by and placed on a level concrete slab or other approved material extending a
minimum of 3 inches (76 mm) above adjoining grade or shall be suspended a minimum of 6
inches (152 mm) above adjoining grade."
(3) Section 308.4.6, "Clearance from supply ducts.", is hereby amended to read as follows:
"308.4.6 Clearance from supply ducts. Central-heating furnaces where the bonnet temperature
exceeds 150 °F (68 °C), shall have the clearance from supply ducts within 3 feet (914 mm) of the
furnace plenum be not less than that specified from the furnace plenum. No clearance is
necessary beyond this distance."
(4) Section 404, "PIPING SYSTEM INSTALLATION", is hereby amended in the following
respects:
Section 404.7, "Above-ground piping outdoors.", is hereby amended to read as follows:
"404.7 Above-ground piping outdoors. All piping installed outdoors shall be elevated not
less than 6 inches (152 mm) above ground and where installed across roof surfaces, shall be
elevated not less than 3 1/2 inches (89 mm) above the roof surface. Piping installed above
ground, outdoors, and installed across the surface of roofs shall be securely supported and
located where it will be protected from physical damage. Where passing through an outside
wall, the piping shall also be protected against corrosion by coating or wrapping with an inert
material. Where piping is encased in a protective pipe sleeve, the annular space between the
piping and the sleeve shall be sealed."
Section 404.9, "Minimum burial depth.", is hereby amended to read as follows:
"404.9 Minimum burial depth. Underground piping systems shall be installed a minimum
depth of 18 inches (457 mm) below grade, except as provided for in Section G2415.9.1.
404.9.1 Individual outside appliances. Individual lines to outside lights, grills or other
appliances shall be installed a minimum of 18 inches (457 mm) below finished grade.
Exception: Approved materials installed a minimum of 6 inches (152 mm) below
finished grade when covered with a concrete slab 4 inches (102 mm) in minimum
thickness."
Section 404.12, "Outlet closures.", is hereby amended to read as follows:
"404.12 Outlet closures. Gas outlets and fittings which allow for future gas line expansion
that do not connect to appliances shall be provided with an approved gas shutoff valve with
the end capped gas tight.
Exception: Drip/Dirt legs installed at the floor level at appliances.
(I) Section 405 (IFGS), "PIPING BENDS AND CHANGES IN DIRECTION" is amended in the
following respects:
(a)Section 405.1, "General. ", is hereby amended to read as follows:
"405.1 General. Changes in direction of rigid metallic pipe specified in Section 403.4 shall
be made only by the use of fittings and factory bends."
(b) Section 405.2, "Metallic pipe." is hereby amended to read as follows:
"405.2 Metallic pipe. Only factory bends in rigid metallic pipe specified in Section 403.4
shall be permitted.
(c) Section 406.4.1, "Test pressure.", is hereby amended to read as follows:
"406.4.1 Test pressure. The test pressure to be used shall be not less than one and one-
half times the proposed maximum working pressure, but not less than 10 psig (67 kPa guage)
irrespective of design pressure. Where the test pressure exceeds 125 psig (862 kPa gauge), the
test pressure shall not exceed a value that produces a hoop stress in the piping greater than 50
percent of the specified minimum yield strength of the pipe."
(d) Section 409.5, "Equipment shutoff valve. ", is hereby amended to read as follows:
"409.5 Equipment shutoff valve. Each appliance shall be provided with a shutoff valve
separate from the appliance. The shutoff valve shall be located in the same room as the
appliance, not further than 6 feet (1829 mm) from the appliance, and shall be installed
upstream from the union, connector or quick disconnect device it serves. Such shutoff valves
shall be provided with access.
"Exception: Shutoff valves for vented decorative appliances and decorative
appliances for installation in vented fireplaces shall not be prohibited from being installed in
an area remote from the appliance where such valves are provided with ready access. Such
valves shall be permanently identified and shall serve no other equipment. Remote valves
shall be operable on the same floor as the appliance served and within 12 feet (3.66 m) of the
appliance as measured along the floor line. Piping from the shutoff valve to within 3 feet (914
mm) of the appliance connection shall be sized in accordance with Section 402."
(e) The first paragraph of Section 410.3, "Venting of regulators.", is hereby amended to read as
follows:
"410.3 Venting of regulators. Pressure regulators that require a vent shall be vented
directly to the outdoors. The vent shall be designed to prevent the entry of insects, water and
foreign objects. Vents shall not terminate within 3 feet (0.916 m) of openings into the building."
(t) Section 501.8, "Equipment not required to be vented. ", is hereby amended to read as
follows:
"501.8 Equipment not required to be vented. The following appliances shall not be
required to be vented.
1. Residential Ranges.
2. Built-in domestic cooking units listed and marked for optional venting.
3. Hot plates and laundry stoves.
4.Type 1 clothes dryers (Type 1 clothes dryers shall be exhausted in accordance with the
requirements of section 613).
5.A single booster-type automatic instantaneous water heater, where designed and used
solely for the sanitizing rinse requirements of a dishwashing machine, provided that the
heater is installed in a commercial kitchen having a mechanical exhaust system. Where
installed in this manner, the draft hood, if required, shall be in place and unaltered and the
draft hood outlet shall be not less than 36 inches (914 mm) vertically and 6 inches (152
mm) horizontally from any surface other than the heater.
6. Refrigerators.
7. Counter appliances.
8. Direct-fired make-up air heaters.
9. Specialized equipment of limited input such as laboratory burners and gas lights.
(g) Section 503.2.2, "Well-ventilated spaces.", is hereby deleted.
(h) Section 503.5.6.1, "Chimney lining. ", is hereby amended to read as follows:
"503.5.6.1 Chimney lining. Chimneys shall be lined in accordance with NFPA 211.
(i) Section 503.6.10.1, "Equipment separation.", is hereby amended to read as follows:
"503.6.10.1 Equipment separation. All equipment connected to the common vent shall be
located in rooms which have provisions for an adequate supply of combustion, ventilation, and
dilution air that is not supplied from habitable space (see Figure 503.6.10.1)."
(j) Section 614, "CLOTHES DRYER EXHAUST", is hereby amended in the following respects:
Section (614.1, "Installation.", is hereby amended to read as follows:
"614.1 Installation. Clothes dryers shall be exhausted in accordance with the
manufacturer's instructions. Dryer exhaust systems shall be independent of all other
systems and shall convey the moisture and any products of combustion to the outside of
the building. Dryer exhaust duct terminations shall not be located within 36 inches (914
mm) of exterior openings into conditioned spaces, crawl spaces, and attic spaces."
Section 614.6.1, "Maximum length.", is hereby amended by adding new language and
deleting the exception thereto, indicated in strikeout text, as follows:
"614.6.1 Length limitation and termination. The maximum length of a clothes dryer
exhaust duct shall not exceed 25 feet (7.62 m) from the dryer location to the wall or roof
termination. The maximum length of the duct shall be reduced 2.5 feet (0.762 m) for each
45-degree (0.79 rad) bend and 5 feet (1.524 m) for each 90-degree (1.6 rad) bend. The
maximum length of the exhaust duct does not include the transition duct. Dryer exhaust duct
terminations shall not be located within 36 inches (914 mm) of exterior openings into
conditioned spaces, crawl spaces, and attic spaces.
(22) Section 621, "UNVENTED ROOM HEATERS", is hereby deleted in its entirety.
(23) Section 623 (IFGC), "COOKING APPLIANCES", is hereby amended with revised
language and by adding a new subsection, "623.3.1, Residential kitchen exhaust systems.",
reading in its entirety as follows amended with revised language thereto in the following
respects:
"SECTION 623 (IFGC) COOKING APPLIANCES
623.1 Cooking appliances. Cooking appliances that are designed for permanent installation,
including ranges, ovens, stoves, broilers, grills, fryers, griddles, hot plates and barbecues, shall
be tested in accordance with ANSI Z21.1, ANSI Z21.58 or ANSI Z83.11 and shall be installed in
accordance with the manufacturer's installation instructions.
623.2 Prohibited location. Cooking appliances designed, tested, listed and labeled for use in
commercial occupancies may be installed within dwelling units or within any area where
domestic cooking operations occur, when installed in accordance with manufacturer's listing
regarding clearance to combustibles. Overhead cabinets shall not be located above such
appliances.
623.3 Domestic appliances. Cooking appliances installed within dwelling units and within areas
where domestic cooking operations occur shall be listed and labeled and installed in accordance
with manufacturer's listing for clearance to combustibles.
623.3.1 Gas oven ventilation. Residential kitchens with gas ovens shall be supplied with
an exhaust system vented to the outside. Ducts serving kitchen exhaust systems shall not
terminate in an attic or crawl space or areas inside the building and shall not induce or create
a negative pressure in excess of negative 3 Pa or adversely affect gravity-vented appliances.
623.4 Domestic range installation. Domestic ranges installed on combustible floors shall be set
on their own bases or legs and shall be installed with clearances of not less than that shown on
the label.
623.5 Open-top broiler unit hoods. A ventilating hood shall be provided above a domestic
open-top broiler unit, unless otherwise listed for forced down draft ventilation. 623.5.1
Clearances. A minimum clearance of 24 inches (610 min) shall be maintained between the
cooking top and combustible material above the hood. The hood shall be at least as wide as the
open-top broiler unit and be centered over the unit.
623.6 Commercial cooking appliance venting. Commercial cooking appliances, other than
those exempted by Section 501.8, shall be vented by connecting the appliance to a vent or
chimney in accordance with this code and the appliance manufacturer's instructions or the
appliance shall be vented in accordance with Section 505.1.1."
(24) Section 630, "INFRARED RADIANT HEATERS", is hereby amended by adding a new
subsection, 630.3, "Outdoor locations.", reading as follows:
"630.3 Outdoor locations. Infrared radiant heaters supplied by the premises fuel-gas piping
systems shall not be used for heating spaces outside of a building thermal envelope as defined in
Section N1107.5."
(25) Remaining Chapters 7 and 8 are hereby adopted without revisions as published.
Section 3. That all of the foregoing changes enacted by this Ordinance shall become
effective for implementation commencing on January 1, 2005.
Introduced, considered favorably on first reading, and ordered published in summary
form this 20th day of July A.D. 2004, and to be presented for final passage on the 17th day of
August A.D. 2004.
i
Mayor •-
ATTEST:
gi
City Clerk
Passed and adopted on final reading this 17th day of August, A.D. 2004.
Mayor .�
ATTEST:
City Clerk