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HomeMy WebLinkAbout129 - 12/13/1977 - RELATING TO THE REGULATION OF ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, EQUIP ORDINANCE NO 129 , 1977 BEING AN ORDINANCE RELATING TO THE REGULATION OF ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, CONVERSION, DEMOLITION OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA AND MAINTENANCE OF BUILDINGS OR STRUCTURES IN THE CITY OF FORT COLLINS, COLORADO, ADOPTING BY REFERENCE THERETO THE UNIFORM BUILDING CODE, 1976 EDITION, VOLUME I , OF THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS, TOGETHER WITH THE UNIFORM BUILDING CODE STANDARDS, 1976 EDITION, REPEALING ALL ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, IN CONFLICT OR INCONSISTENT THEREWITH AND PROVIDING A PENALTY FOR VIOLATION OF THE PROVISIONS OF SAID BUILDING CODE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS Section 1 Adoption Pursuant to the power and authority conferred on the City Council of the City of Fort Collins , Colorado, by Part 2 of Article 16 of Title 31, C R S 1973, as amended, and Article I , Section 7, of the Charter of the City of Fort Collins there is hereby adopted as the Building Code of the City of Fort Collins by reference thereto the Uniform Building Code, 1976 Edition, Volume I , together with the Uniform Building Standards, 1976 Edition, published by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California, 90601, all to have the same force and effect as if set forth herein in every particular. The subject matter of the adopted codes includes comprehensive provisions and standards regulating the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area and maintenance of buildings and structures for the purpose of protecting the public health, safety and general welfare Section 2 Amendments and Deletions The Uniform Building Code, 1976 Edition, Volume I , hereby adopted is hereby amended and changed in the following respects A Section 204 thereof is hereby deleted and the following substituted therefor "Sec. 204. (a) In order =o determine the suitability of alternate materials ve . .ternate methods of construction and to provide for rciz:c^able interpretations of the provisions of this e , 1-, there shall be and is hereby created a Building Lcsre of Appeals consisting of five (5) members who are TT zl3fied by experience and training to pass upon matters c^raining to building construction. In addition to such I to (5) members, the Chief Building Inspector and the Chi , M!E the Fire Prevention Bureau shall be ex officio rembers of the Board without vote. The Chief Building Inspector shall act as Secretary of the board. " (b) The five (5) members of the Building Board of Appeals shall be appointed by the City Council and shall serve for a term of four (4) years at the pleasure of the Council. Members shall serve without pay. The appointment of any member may be terminated for non- attendance to duties and for cause. The members of the Building Board of Appeals heretofore in existence are hereby appointed as members of the Building Board of Appeals herein created Lo serve until their terms on tie said former Building board of Appeals would have r,xcued. y " (c) Whenever the Chief Building Inspector or other administrative offic &l of the city charged with the enforcement of building regulations (but specifically not to include the zon) rtg laws of the City of Fort Collins) refuses to issue a building permit for the reason that the proposed building or structure does not comply with the building regulations of the city, the person applying for the permit may file with the Building ioArd of Appeals a request for relief from the decision of the Chief Building Inspector, stating that the refusal to issue the building permit to him was based on an erroneous interpretation of the building regulations. 7hQ Building Board of Appeals shall hear and decide all erpeals made to it and shall have the duty to authorize and direct the Chief Building Inspector to issue a permit only under the following circumstances: " (1) When the Board determines that the interpre- tation of the ouxlaing regulations of the city by the Building jaspe. tor was in fact erroneous. " (2) When the 13oard determines that the alternate design, alternate tiiaterials and/or alternate methods of corn-4kutition requested by the applicant are, in fact, nquvialent to those prescribed by = Y the code considering quality, strength, effective- ness, fire resistance, durability, safety and all other pertinent factors. " (d) The Building Board of Appeals shall require that sufficient evidence or proof be submitted to substantiate any cTaams that may be made regarding the design, alternate materials or alternate methods. Unless specifically extended by the Board, the authoriza- tion for any variance shall be valid for not more than six (6) months from the date granted. " (e) Persons desiring to appeal a decision of the Chief Building Inspector to the Building Board of Appeals shall, at the time of making such appeal, pay to the Director of Finance a docket fee in the amount of ten dollars ($10. ) . Written notice of hearings shall be given to all parties concerned at least three (3) days prior to the hearing or by mailing the same to such party's last known address by regular mail. The Board shall from time to time adopt such additional rules and regulations as it deems necessary and advisable for the conduct of its hearings and for carrying out the provisions hereof. " (f) A quorum of three (3) regularly appointed members shall be necessary for any meeting of the Building Board of Appeals, and the affirmative vote of at least three (3) regularly appointed members shall be necessary to authorize any action of the Board. The said Board may exercise any power or perform any duty regardless of whether the number of qualified members appointed to the Board shall at any time be less than five (5) . " (g) In addition to the power to determine the suitability of alternate materials and methods of construction and to provide interpretations of the code, the Board of Appeals shall have the power upon application of a property owner to authorize a variance from the requirements of Section 104 of this code where the Board determines that the strict application of such requirements would result in peculiar and exceptional practical difficulties or exceptional and undue hardship upon the owner of the property, provided that the Board further determines that the variance applied for is reasonable in view of all of the circumstances considered by the Board and the construction pursuant to the variance would not materially increase any hazard to life or property. In considering a request for such a -3- variance, the Board shall consider the feasibility of following the strict requirements of the code; the use made or proposed to be made of the property; if applicable, the historic significance of the property; economic factors relating to the cost of construction; and any other factors which the Board determines are of signifi- cance in connection with the application for a variance. The overriding consideration in all cases shall be the danger to life or property, and the Board shall not approve a variance in cases where significant hazards to life or property will continue or be created. " (h) The Board of Appeals shall further have the power upon application of a property owner to vary the requirement of Sections 1602 and 1603 of the Uniform Building Code so that properties located in Fire Zones 1 or 2 do not have to meet the additional requirements of such zones but may meet only the requirements set forth for properties located in Fire Zone 3. In granting any variance hereunder, the Board of Appeals shall consider any factor which affects life or property safety, including the type and proximity of improvements on adjoining properties, setbacks from the property line for the improvements in question and the use to be made of the improvements to be constructed. A variance hereunder shall be allowed only if the Board determines that the lesser requirements imposed by Fire Zone 3 are adequate to safeguard life and property in view of all factors considered. Variances shall not be allowed where significant hazards to life or property will result. " B. Table No. 3-A entitled "Building Permit Fees" contained in Section 303 (a) is amended by deleting therefrom the first line of said table which reads as follows: "TOTAL VALUATION FEE "$1. 00 to $500.00 $5.00" and by substituting therefor the following: "TOTAL VALUATION FEE "Less than $20.00 No fee or permit $20.00 to $500.00 $5.00" C. Section 407 is amended by deleting therefrom the definition of family and by substituting therefor the following: -4- "FAMILY is an individual or two or more persons related by blood or marriage or an unrelated group of not more than three (3) persons living together in a dwelling unit. " (All of the definitions in Section 407 remain unchanged.) D. Section 413 is amended by adding in the proper alphabetical order an additional definition for lofts as follows: "LOFT is an intermediate floor placed in any story or room within individual dwelling units of Group R occupancy that is essentially open to the atmosphere of that story or room, except that enclosed closets less than three (3) feet in depth and enclosed toilet rooms less than sixty (60) square feet in area may be permitted in conjunction therewith. " (All of the other definitions in Section 413 remain unchanged.) E. Exception No. 4 to Section 503 (d) is amended to read as follows: "4. In the indicated one-hour occupancy separation between Group R, Division 3 and M Occupancy, the separation may be limited to the installation of materials having a U.L. Class F-45 rating, and a tight-fitting solid wood door one and three-eighths (1-3/8) inches in thickness will be permitted in lieu of a rated fire assembly. Fire dampers shall not be required in ducts piercing this separation, provided they are constructed of No. 26 gauge galvanized steel. " F. Section 1302 is amended by adding an additional subsection (c) thereto as follows: " (c) Lofts. Lofts may be installed in any story or room of individual dwelling units when they meet the following requirements: "l. Lofts shall not exceed 33-1/38 of the total floor area of the story or room in which they are installed, including separate spaces under the loft but having a common atmosphere with the primary room. "2. Minimum headroom below a loft shall be V-0" measured to the lowest projection. -5- "3. Minimum headroom above the loft floor shall conform to the requirements of Section 1307 (a) and 1407 (a) . "4. Ceilings over kitchens, storage or furnace rooms shall be one hour rated. "5. A stairway complying with Section 3305 shall be required from lofts having bathrooms and lofts having greater than seventy (70) square feet of floor area. "6. Where lofts are intended to be used for sleeping rooms, smoke detectors as specified in Section 1310 (a) shall be required. "7. The loft rails shall be at least thirty six (36) inches high. "8. The open side of the loft shall be a minimum of sixty five percent (65%) open to the story or room into which it projects. "9. Light and ventilation shall be provided according to the requirements of Section 1305 (a) . "10. Any loft containing an enclosed bathroom shall be provided with windows as required for sleeping rooms as specified in Sections 1304 and 1404. "ll. Lofts need not comply with the require- ments of a story. "EXCEPTION: Structural framing affected by the loft shall comply with Section 2518 (g) . " G. Section 1304 is amended by deleting the last para- graph thereof and by substituting the following therefor: "All egress or rescue windows shall meet the following minimum requirements: "l. A minimum net clear opening of 5.7 square feet. The minimum net clear opening height dimension shall be 24 inches. The minimum net clear opening width dimension shall be 20 inches. The maximum height from the top of the floor to the finished sill shall be 44 inches. -6- 02. Windows with a net clear openable area of not less than 5 square feet with no dimension less than 22 inches shall be deemed to meet the requirements of this section, provided the finished sill heights are not over 48 inches above the floor finish. " H. Section 1310 (a) is amended by adding at the end thereof the following: "Whenever practical, such detectors shall be operated from the electrical system of the structure in preference to batteries. " I. Section 1404 is amended by deleting therefrom the last paragraph and by substituting therefor the following: "All egress or rescue windows shall meet the following minimum requirements: "1. A minimum net clear opening of 5.7 square feet. The minimum net clear opening height dimension shall be 24 inches. The minimun net clear opening width dimension shall be 20 inches. The maximum height from the top of the floor to the finished sill shall be 44 inches. "2. Windows with a net clear openable area of not less than 5 square feet with no dimension less than 22 inches shall be deemed to meet the requirements of this section, provided the finished sill heights are not over 48 inches above the floor finish. " J. Section 1413 is amended by adding thereto at the end thereof the following: "Whenever practical, such detectors shall be operated from the electrical system of the structure in preference to batteries. " K. Chapter 14 is amended by adding thereto an additional Section 1414 as follows: "Sec. 1414. Lofts. Lofts may be installed in any story or room of individual dwelling units when they meet the following requirements: " (1) Lofts shall not exceed 33-1/3% of the total floor area of the story or room in which they are installed, including separate spaces under the loft but having a common atmosphere with the primary room. -7- " (2) Minimum headroom below a loft shall be V-0" measured to the lowest projection. " (3) Minimum headroom above the loft floor shall conform to the requirements of Section 1307 (a) and 1407 (a) . " (4) Ceiling over kitchens, storage or furnace rooms shall be one hour rated. " (5) A stairway complying with Section 3305 shall be required from lofts having bathrooms and lofts having greater than seventy (70) square feet of floor area. " (6) Where lofts are intended to be used for sleeping rooms, smoke detectors as specified in Section 1413 shall be required. " (7) The loft rails shall be at least thirty six (36) inches high. " (8) The open side of the loft shall be a minimum of sixty five percent (65%) open to the story or room into which it projects. " (9) Light and ventilation shall be provided according to the requirements of Section 1405 (a) . " (10) Any loft containing an enclosed bathroom shall be provided with windows as required for sleeping rooms as specified in Sections 1304 and 1404. " (11) Lofts need not comply with the requirements of a story. "EXCEPTION: Structural framing affected by the loft shall comply with Section 2518 (g) . " L. Section 1707 is amended by inserting new sections (b) and (c) as follows: " (b) General - Mechanical units, ducts, piping or structures shall not be installed, replaced or reset on roofs without being properly supported by curbs, pads, bases or piers which shall be flashed to the roofing in a watertight manner. All unsupported sections of mechanical equipment shall be a minimum of twelve (12) inches above the plane of the roof so that they will not obstruct the reroofing process. Mechanical units shall -8- mean heating, air handling, refrigeration and ventilation equipment, including fans, blowers and similar types of equipment. Units shall be so located that proper drainage from the roof will not be blocked or impeded. " (c) Weatherproofing Roof Openings - Roof openings surrounded by curbs shall he sheathed over solidly and covered with a minimum of twenty-six gauge metal or equal. All seams and mitre corners shall be riveted and soldered in a watertight manner. Such curbs shall be a minimum of nine (9) inches in height. " and by relettering the existing Sections (b) and (c) to (d) and (e) , respectively. M. Section 1711(a) is amended to read as follows: "Sec. 1711. (a) Floor and walls - nondwelling units. "In other than dwelling units, toilet room floors shall have a smooth, hard non-absorbent surface such as portland cement, concrete, ceramic tile, quarry tile, sheet vinyl inlay not less than seventy-five thousandths (0.075) inch in thickness (wear thickness not less than thirty-five thousandths (0.035) inch) , monolithic seamless floor systems (when installed over concrete) , ceramic floor system incorporating non-absorbent backing materials when installed with waterproof adhesives and other approved materials. Non-absorbent materials shall extend upward onto the walls at least four (4) inches. "Where vinyl inlay or seamless systems are extended upwards, the junction at floor and wall shall be coved. Ceramic and quarry-type bases may be installed with vinyl or seamless coverings if set with waterproof adhesives. "Walls within water closet compartments and walls within two (2) feet of the front and sides or urinals shall be similarly finished with approved materials to a height of four (4) feet and, except for structural elements, the materials used in such walls shall be of a type which is not adversely affected by moisture. "EXCEPTIONS: "l. In heavy traffic areas with uncontrolled use of toilet facilities such as service stations, transporta- tion terminals, food and drink establishments, public -9- toilet facilities and open mall toilets, floor covering shall not include sheet vinyl inlay. "2. Carpet and other floor coverings may be installed in private, individual toilets with restricted access. " N. Section 1711(b) is amended to read as follows: "Sec. 1711. (b) Toilet facilities - Toilet facilities and water closet compartments on the first floor and on floors served by a ramp or elevator shall have a clear and unobstructed access of not less than 32 inches. A clear space, unobstructed by door swing, grab bars and similar items, of not less than 32 inches, shall be provided in front of the toilet stool. Grab bars shall be provided on two sides, or one side and the back of each toilet compartment. Toilet facilities shall be identified by the universal symbol for the orthopedically impaired. - "EXCEPTIONS: "1. In Group R Division 3 and M Occupancies and within individual units in apartments, the clear width of water closet compartments may be 30 inches; the clear space in front of the toilet stool may be 24 inches; grab bars shall not be required; and facility need not be identified for the handicapped. "2. Where more than one water closet compartment is provided, only one such compartment within each toilet room for each sex need comply with the requirements of this subsection. For all other compartments, grab bars shall not be required; the access may be 24 inches; and clearances shall be as set forth in Exception No. 1 above. "3. Where more than one (1) one-half bath compart- ment (stool and wash basin) is provided on a floor served by a ramp or elevator, only one such compartment for each sex need comply with the requirements of this subsection. "4. In hotels and motels of Group R Division 1 Occupancies, only four percent (4%) (but no less than one) , of the total number of units shall be required to comply with the Toilet Facilities requirements of this subsection. -10- 05. When only one water closet per building is required for each sex, grab bars shall not be required in the toilet facilities. " O. Section 1711(c) is amended to read as follows: " (c) Toilet room faci3riites. In other than Group R, Division 1 Apartment House Group M, and Group R, Division 3 Occupancies, toilet room facilities shall be as follows: "l. Except for the projection of bowls and waste piping, a clear unobstructed space 26 inches in width, 27 inches in height and 12 inches in depth shall be provided under at least one lavatory. "2. Where mirrors are provided, at least one shall be installed so that the bottom of the mirror is within 40 inches of the floor. "3. where towel and disposal fixtures are provided, at least one shall be within 40 inches of the floor. " P. Section 1711 (g) is amended to read as follows: " (g) Glazing for shower and bathtub enclosures. Glazed openings in walls of tub and shower areas shall be glazed with fully tempered glass, laminated safety glass or approved plastic. "EXCEPTION: Glazed openings with a minimum finished sill height of five feet above the tub or shower base. " 4. An additional subsection (h) to Section 1711 is added as follows: " (h) Plastics. Plastics used in doors and panels of shower and bathtub enclosure shall be of a shatter- resistent type. " R. Section 1716 is amended by adding an Exception 6 thereto as follows: "6. In Group R, Division 3 and M Occupancies and within individual units in apartments, handrails may be raised to 36 inches above the nosing of the tread." S. Section 2305 (d) is amended by adding the following sentence at the end of the second paragraph thereof: -11- "Design snowload shall be thirty (30) pounds per square foot. " T. Table No. 29-A entitled "Foundations for Stud Bearing Walls--Minimum Requirements" which follows Section 2909 is amended to read as follows: "TABLE NO. 29-A - FOUNDATIONS FOR STUD REARING WALLS--MINIMUM REQUIREMENTS Thickness of Width of Thickness Depth of Fo nLda- Nimber Foundation Wall FcotIng of Footing tion Belcw Natural Of (inches) (inches) (inches) Surface of Ground Stories and Finish Grade Concrebe Solid Unit _ (inches) Masonry 1 8 8 16 8 30 2 8 8 20 10 30 3 10 10 24 12 30 "NOTE: For the purposes of Table No. 29-A only, one (1) story means one (1) roof load plus one (1) floor load; two (2) stories means one (1) roof load plus two (2) floor loads; three (3) stories means one (1) roof load plus three (3) floor loads. " U. Section 3303 (1) is amended by adding at the end thereof the following sentence* "Where a door leads to a potentially hazardous area, the door shall be equipped with a locking device " V. Section 3306 (d) is amended to read as follows: " (d) Landings-Ramps having slopes greater than one (1) vertical to fifteen (15) horizontal shall have landings at the top and bottom and at least one inter- mediate landing shall be provided for each five (5) feet of rise. Top and landing and intermediate landings shall have a dimension measured in the direction of ramp run of not less than five (5) feet, and the top landings of ramps required for the handicapped shall extend one (1) foot on each side of the doorway. "Landings at the bottom of the ramps shall have a dimension in the direction of ramp run of not less than six (6) feet. -12- "Doors in any position shall not reduce the minimum dimensions of the landing to less than forty two (42) inches and shall not reduce the required width by more than three and one-half (3-1/2) inches when fully opened. " W. Table 33-A following Station 3321 is amended by adding a footnote No. 8 referring to hotels and apartments as follows: "8. Except for apartments, in all Group R Division 1 Occupancies where access is not at grade level, a ramp or elevator shall be provided for the floor closest to grade. " X. Section 5108 is amended as follows: (1) By deleting from subsection (d) thereof the last sentence which reads as follows: "Fees for Certificate of Inspection shall be as specified in this section. " (2) Subsection (e) thereof is deleted. Y. Section 5113 (a) is amended by adding thereto at the end thereof the following: "Inspections shall be made by either a certified Elevator Contractor or a certified Elevator Inspector. " Z. Section 5406 and Table 54D in Chapter 54 are deleted. (Impact requirements are covered by Federal Law. ) AA. Chapter 70 in the Appendix is hereby deleted. Section 3. Definitions. The following terms, as used in the Uniform Builil n��, shall have the meaning indicated: BUILDING OFFICIAL - The City Building Inspector. Such term shall be synonymous with the Chief Building Inspector and shall include all his designated representatives. MUNICIPALITY or CITY - The City of Fort Collins. Section 4. Violations and penalties. The following section of the Uniform Building Code contains a penalty clause which is herewith set forth in full as required by Part 2, Article 16, Title 31, C.R.S. 1973, as amended, and Article II, Section 7, of the Charter of the City of Fort Collins: -13- Sec. 205. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the city, or cause the same to be done, contrary to or in violation of any of the provisions of this code. Any person, firm or corporation violating any of the provisions of this code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed or permitted, and upon conviction of any such violation such person shall be punishable by a fine of nor more than three hundred dollars ($300. ) or by imprisonment for not more than ninety (90) days, or by both such fine and imprison- ment. Section 5. Fire zones. Sections 38-6 through 38-8 of the Code of the City of Fort Collins establishing fire zones are hereby made applicable to the Uniform Building Code herein adopted; and the fire zones therein created shall be the fire zones referred to in Part IV of said Uniform Building Code. Section 6. Codes of code to be on file; sale. At least three (3) copies oY_the Uniform Buis unig Code, 1976 Edition, Volume 1, and the uniform Building Code Standards, 1976 Edition, shall be on file in the office of the City Clerk of the City of Fort Collins, Colorado, at least fifteen (15) days preceding the hearing date set herein and may be inspected by any interested persons during normal business hours. After the public hearing thereon and final reading and adoption by reference, the Building Code as finally adopted shall be available for sale to the public through the office of the City Clerk at a price not to exceed the city's actual costs. Section 7. Repealer; ex�cepti�on. Article I of Chapter 38, Sections 38-1 3 -5� 2, inclusive, of the Code of the City of Fort Collins is hereby repealed; provided, however, that the repeal of said Article shall not revive any other section of any ordinance or ordinances heretofore repealed or superseded, and provided further that such repeal shall not make lawful any violation of the Article hereby repealed, and provided further that construction under any building permit heretofore taken out under the Article herein repealed may be continued in conformance with such repealed Article or if the owner thereof elects in conformance with the Article herein enacted. -14- r Introduced, considered favorably on first reading and ordered published this 1st day of November, A.D. 1977, and to be presented for final passage on the 13th day of December , A.D. 1977. 7,ST• Mayo I CitytrbErk Passed and adopted on final reading this 13th day of December , A.D. 1977. ATTEST: Mayor City Clerk -15-