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Study Session Agenda Packet 08-04-14
STUDY SESSION AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Ave. Wheat Ridge CO August 4, 2014 6:30p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Administrative Services Director at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. PUBLIC COMMENT ON AGENDA ITEMS APPROVAL OF AGENDA 1. Staff Report(s) a. Adoption of current versions of International (Building) Codes b. 38th Avenue Streetscape Access and Temporary Construction Easements 2 . Community Outreach Initiative Update-Sewald Hanfling ~ Code Enforcement Strategies 4 . 38th Avenue Street Width Designation 5. Elected Officials ' Report(s) ADJOURNMENT \ ~~~~ .. ~ City of .. ~WheatRdge J?'c"oMMUNITY DEVELOPMENT TO: FROM: THROUGH: DATE: SUBJECT: ISSUE: Memorandum Mayor and City Council Kenneth Johnstone , Community Development Director John Schumacher, ChiefBui~~ Official Patrick Goff, City Manager~ July 28 , 2014 (for August 4 , 2014 Study Session) Adoption of current versions of International (Building) Codes The City currently has adopted and enforces the following building related codes: • 2003 International Property Maintenance Code • 2006 version of the remaining International Codes , and • 2011 National Electrical Code. To remain consistent with neighboring jurisdictions and in compliance with state regulations , staff is recommending that City Council adopt the most recent version of the codes , which are the 2012 International Codes , the 2014 National Electrical Code and the 2015 National Fire Protection Association (NFP A) 99 Standards for Health Care Facilities. PRIOR ACTION: In 2010, Council adopted the 2006 version of the International Codes , with the exception of the Property Maintenance Code. In 2012 Council adopted the 2011 National Electrical Code. The NFPA99 Standards for Health Care Facilities, 2005 version , was last adopted in 2006. FINANCIAL IMPACT: Financial impact to the City is approximately $5 ,000 in costs for the purchase of books related to the newer versions of the codes. No changes are being proposed to the currently-adopted building permit fee schedule. BACKGROUND: In 2010, Council adopted the 2006 versions of the International Codes with amendments that were based on 1) Building Division staff recommendations , 2) an external assessment by an independent consulting firm of the codes and Building Division practices and procedures, and 3) recommendations from a task force consisting of local appointees , including representatives of the construction industry, property owners and Fire District representatives. Recommendations from the various sources involved in the process of adopting the 2006 International Codes , and Study Session Memo -International Codes August 4 , 2014 Page2 the actual amendments adopted by Council at that time, have been maintained in the proposed amendments to the 2012 versions , with a few minor exceptions. Those exceptions are: The requirement of obtaining a building permit for exterior cladding was removed from the 2006 codes on the recommendation of the task force . Based on issues related to poor installation practices and homeowner complaints received since that time , the exemption of exterior cladding from permitting requirements in the 2012 version of the codes has been removed. Amendments to the International Fire Code included in the previous adoption process have been reduced in an effort to be less restrictive and have been included in the amendments proposed for adoption during this process . The updated version (20 12) of the International Property Maintenance Code was not included in the family of International Codes adopted in the previous process but is being included in this adoption process. Amendments to the International Building and Mechanical Codes have been made to define marijuana-related occupancies such as Mercantile (sale of marijuana related products), Factory (cultivation of plants and production of edibles), and Hazardous (extraction ofhash oil) to allow for consistent and definitive application of code requirements to these occupancies. Additionally, requirements for source capture systems (ventilation and exhaust systems designed to filter exhausted air) have been imposed on all marijuana-related occupancies. The 2011 version of the National Electrical Code was adopted without amendment. It has been proposed that it be upgraded through inclusion of the 2014 version in this adoption process. No amendments to the 2014 version ofthe National Electrical Code are proposed . Other adoption related changes proposed within the ordinance are: The requirement for residential sprinkler systems in one-and two-family dwellings has been removed from the 2012 International Residential Code. Updates to City Code 5-81 , which establishes demolition and sign pennit fees. The proposed change removes the fifteen dollar fee for simple face changes on signs and leaves all other portions of that section intact. Updates to City Code 5-88 adopting the 2015 version of NFPA 99 , Standards for Health Care Facilities , which is applicable to projects at Exempla Lutheran Medical Center and is referenced in other areas of the International Codes. 2 I Study Session Memo -International Codes August 4 , 2014 Page 3 RECOMMENDATIONS: Staff is submitting the draft ordinance containing amendments for initial City Council review. Given the length of the ordinance, staff wanted to provide ample time for Council to review the ordinance in advance of the discussion. The codes are scheduled as a full agenda item at the August 18 , 2014 City Council Study Session . ATTACHMENTS: 1 . Draft Ordinance 3 CITY OF WHEAT RIDGE , COLORADO INTRODUCED BY COUNCIL MEMBER ___ _ Council Bill No. --- Ordinance No. ---- Series 2014 TITLE: AN ORDINANCE REPEALING AND REENACTING CERTAIN SECTIONS OF CHAPTER 5 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE CONCERNING THE BUILDING CODE, THE MECHANICAL CODE , THE PLUMBING CODE, THE PROPERTY MAINTENANCE CODE , THE ENERGY CONSERVATION CODE , THE RESIDENTIAL CODE , THE FIRE CODE, THE FUEL GAS CODE , NATIONAL FIRE PROTECTION ASSOCIATION 70 NATIONAL ELECTRICAL CODE, NFPA 99 STANDARDS FOR HEALTH CARE FACILTIES AND PENAL TIES FOR VIOLATION OF THE SAME WHEREAS , the City Council ("Council") of the City of Wheat Ridge, Colorado ("City") has authority to enact ordinances for the protection of public health, safety and welfare; and WHEREAS , the City of Wheat Ridge Home Rule Charter ("Charter") Section 5.16 provides that standard codes promulgated by any recognized trade or professional organization may be adopted by reference; and WHEREAS , exercising this authority, the Council has determined that it is in the best interest of the City to adopt the 2012 promulgated versions of the International Building Code, the International Mechanical Code, the International Plumbing Code, the International Property Maintenance Code, the International Energy Conservation Code, the International Residential Code, the International Fire Code, the International Fuel Gas Code , the 2014 National Electrical Code and 2015 NFP A 99 Standard for Health Care Facilities ; and WHEREAS , the Council wishes to amend certain sections of Chapter 5 of the Code of Laws of the City of Wheat Ridge ("Code") to incorporate the 2012 versions of the above- referenced International codes , the 2014 version of the National Electrical Code and the 2015 version ofNFPA 99 Standard for Health Care Facilities. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 5-76 of the Code is repealed in its entirety and reenacted to read as follows: (a) Adoption. The International Building Code, 2012 Edition , is hereby adopted by reference and incorporated into this article as though fully set forth herein as the building construction code of the City of Wheat Ridge . One copy of said Attach ment 1 1 International Building Code shall be filed in the office of the city clerk and may be inspected during regular business hours. Except as otherwise provided hereafter, such Code is adopted in full , including the outline of contents, index and appendices contained herein. (b) Amendments. The International Building Code adopted by this section is amended as follows. Section numbers referred to herein refer to and correspond with the section numbers of the 2012 International Building Code. IOI.I Title. Amend to read in its entirety: 101.1 Title. These regulations shall be known as the Building Code of the City of Wheat Ridge, hereinafter referred to as "this code." I 05 . I . I Annual p ermit. Delete entire section . I 05 . I. 2 Annual p ermit records. Delete entire section. I05.2 Work exempt.from p ermit. Amend to read in its entirety: 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Pennits shall not be required for the following: Building: I. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses , provided the floor area is not greater than 120 square feet. 2. Fences not over 6 feet high. 3. Oil derricks. 4. Retaining walls that are not over 4 feet in height measured from the bottom of the footing to the top of the wall , unless supporting a surcharge or impounding Class I , II or lilA liquids. 5. Water tanks supported directly on grade if the capacity is not greater than 5,000 gallons and the ratio of height to diameter of width is not greater than 2:1. 6. Sidewalks and driveways not more than 30 inches above adjacent grade, and not over any basement or story below and are not part of an accessible route. 7 . Painting, papering, carpeting, cabinets and countertops and similar finish work that is not a part of the scope of a larger pennittable project. 8. Prefabricated swimming pools that are less than 24 inches in depth, not greater than 5,000 gallons and are installed entirely above ground. 2 9. Shade cloth structures under 400 square feet constructed for nursery or agricultural purposes , not including service systems. I 0. Swings and other playground equipment accessory to detached one-and two-family dwellings. II. Window awnings in Group R-3 and U occupancies , supported by an exterior wall that do not project more than 54 inches from the exterior wall and do not require additional support. 12. Nonfixed and movable fixtures , cases , racks , counters and partitions not over 5 feet 9 inches in height. 13. Hoop houses as defined in Section 3102 .2 that do not exceed 400 square feet in floor area, that are not occupied by the general public, and that do not contain mechanical or electrical devices , equipment or systems. Electrical: Gas: Repairs and maintenance: Minor repair work , including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles . Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmission , but do apply to equipment and wiring for a power supply and the installation of towers and antennas. Temporary testing systems: A permit shall not be required for the installation of any temporary system required for the testing and servicing of electrical equipment or apparatus. I. Portable heating appliance. 2 . Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1. Portable heating appliance. 2. Portable ventilation equipment. 3. Portable cooling unit. 4. Steam , hot or chilled water piping within any heating or cooloing equipment regulated by this code. 5. Replacement of any part that does not alter the approval or make it unsafe. 6. Portable evaporative cooler. 7. Self-contained refrigeration system containing 10 pounds or less of refrigerant and actuated by motors of I horsepower or less. 3 Plumbing: The stopping ofleaks in drains , water, soil , waste or vent pipe; provided , however, that if any concealed trap , drainpipe, water, soil , waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material , such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. The clearing of stoppages or the repairing of leaks in pipes , valves or fixtures , and the removal and reinstallation of water closets , provided such repairs do not involve or require the replacement or rearrangement of valves , pipes or fixtures 105 .5 Expiration. Amend to read in its entirety: 105.5 Expiration. Every permit issued by the code official under the provisions of this code shall expire one year (365 days) after the date of issuance. The building official is authorized to grant, in writing, one or more extensions of time , for pe1iods of not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated . 10 7.1 General . Amend to read in its entirety: 106.1 General. Construction documents , statement of special inspections and other data shall be submitted in three (3) or more sets with each application for permit. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist , the building official is authorized to require additional construction documents to be prepared by a registered design professional. Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that reviewing of construction documents is not necessary to obtain compliance with this code. I 0 7.3.1 Approval o.f construction documents. Amend to read in its entirety: 107.3.1 Approval of construction documents. When the building official issues a permit, the construction documents shall be approved , in writing or by stamp , as "Approved Subject to Field lnspections -Wheat Ridge Building Dept.". One set of construction documents so reviewed shall be retained by the building official. 4 One set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized representative. 109.2 Schedule ofpermitfees . Amend to read in its entirety: 109.2 Schedule of permit fees. On buildings , structures , electrical , gas , mechanical and plumbing systems or alterations requiring a permit, a fee for each pennit shall be paid as required , in accordance with the schedule as established by the applicable governing authority . The permit fee shall be established as set forth in Table 1-A . 109.3 Building p ermit valuations. Amend to read in its entirety: 109.3 Building permit valuations. The applicant for a permit shall provide an estimated project valuation at the time of application. Permit valuations shall include the value of all work, including foundation work, structural and non- structural building components , electrical , plumbing, mechanical and interior finish materials . Project valuation shall be calculated by the Building Division based on data published on the City website, and the higher of the applicant stated valuation and the division calculated valuation shall be used to determine building permit fees. Final building permit valuation shall be set by the building official. 109.6 R efunds . Amend to read in its entirety: 109.6 Refunds. The code official shall authorize the refunding of fees as follows : 1. The full amount of any fee paid hereunder that was erroneously paid or collected. 2. Not more than 100 percent ofthe permit fee paid when no work has been done under a permit issued in accordance with this code. 3. Not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended. 4 . Not more than 50 percent of the plan review fee paid when an application for a pennit for which a plan review fee has been paid is withdrawn or canceled after initiation of any plan review effort. Note: The code official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment. 113 Board of Appeals. Amend to read in its entirety: 5 113 Board of Appeals. Appeals of decisions and detem1inations made by the Building Official shall comply with the process and procedures set forth in City of Wheat Ridge Municipal Code Sections 2-59 and 5-25. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of the code do not fully apply, or an equally good or better fonn of construction is proposed. 114.4 Violation penalties. Amend to read in its entirety: 114.4 Violation penalties. Any person or entity who shall vio late a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install , alter or repair work in violation of the approved construction documents or directive of the code official , or of a penn it or certificate issued under the provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000.00 dollars or by imp1isonment not exceeding 90 days, or both such fine and imprisonment; provided , however, that no person under the age of eighteen ( 18) years shall be subjected to imprisonment. Each day that a violation continues after due notice ha s been served shall be deemed a separate offense. 115 .2 Issuance. Delete entire section. 115.3 Un!a¥tful continuance. Rename and amend in its entirety: 115.3 Issuance and unlawful continuance. Upon notice from the code official that work is being done contrary to the provisions of this code or in a dangerous or unsafe manner such work shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work, or visibly posted at the work site. The notice shall state the conditions under which the work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work that person is directed to perfonn to remove a violation or unsafe condition, shall be liable to a fine of not le ss than 60 dollars or not more than 1000 dollars. 202 Definitions Delete the following definition from this section: LIVE/WORK UNIT. A dwelling unit or sleeping unit in which a significant portion of the space includes a nonresidential use that is operated by the tenant. 202 Definitions Add the following definitions to this section: HASH OIL. A resinous matrix of cannabinoids obtained from the cannabis plant by solvent extraction, fonned into a hardened or viscous mass. 6 306.2 Moderate-hazard.factory industrial, Group F-1. Add the following use to this section: Marijuana cultivation Marijuana products containing hash oil 307.3 High-hazard Group H-1. Add the following use to this section: Extraction ofhash oil 307.3.2 E x traction of hash oil. Add the following section 307.3.2 Extraction of hash oil. Occupancies involving the extraction of hash oil, whether water or solvent based , shall be classified as H-1 for the purposes of application of requirements related to fire separation distance, occupancy separation , fire suppression and alarm systems , egress and ingress, and shall be subject to requirements within this code and other referenced codes as deemed necessary by the code official to protect the public health , safety and welfare. 309.1 Mercantile Group M Add the following use to thjs section: Sale of marijuana , products containing marijuana and hash oil , and devices for use in the consumption of marijuana 419 Live/Work Units. Delete entire section. 420.4 A utomatic sprinkler sy stem. Amend to read in its entirety: 420.4 Automatic sprinkler system. Group R occupancies , with the exception of Group R-3 , shall be equipped throughout with an automatic sprinkler system in accordance with Section 903.2.8. Group 1-1 occupancies shall be equipped throughout with an automatic sprinkler system in accordance with Section 903.2.6. Quick response or residential automatic sprinklers shall be installed in accordance with Section 903 .3.2. 1101.2 Design . Amend to read in its entirety: 1101.2 Design. Buildings and facilities shall be designed and constructed to be accessible in accordance with tills code and ICC A 117.1-2009 Edition 1209.2 Attic spaces. Amend to read in its entirety: 1209.2 Attic spaces. An opening not less than 20 inches by 30 inches shall be provided to any attic area having a clear height of over 30 inches . A 30-inch 7 minimum clear headroom in the attic space shall be provided at all points directly above the access opening. The finish opening dimensions of attic accesses shall be a minimum of 20 inches by 30 inches. 1502 Definitions. Add the following text under the definition of"ROOF DECK": Solidly sheathed deck shall be defined as decking consisting of American Plywood Association (APA) approved wood structural panel sheathing. Closely fitted deck shall be defined as decking consisted of APA approved wood structural panel sheathing or lumber sheathing conforming to the requirements of Tables 2304.7(1) through 2304.7(5) in which no gap between members exceeds one-half of one inch . Spaced decking shall be defined as lumber sheathing confonning to the requirements ofTables 2304.7(1) through 2304 .7(5) in which any gap between members exceeds one-half of one inch. 1507.2.7 Attachment. Amend to read in its entirety: 1507.2.7 Attachment. Asphalt shingle s shall be attached with a minimum of6 nails per shingle or as specified by the manufacturer, whichever is more restrictive. Where the roof slope exceeds 20 units vertical in 12 units horizontal (167 percent slope) special methods of fastening are required. Special fastening methods shall be tested in accordance with ASTM 0 3161 , Class F. Asphalt shingle wrappers shall bear a label indicating compliance with ASTM 0 3161 , Class F . 1507 .2.8.2lce barrier . Amend to read in its entirety: 1507 .2.8.2 Ice barrier. Ice barrier complying with ASTM 01970 shall be required in lieu of normal underlayment at roof eaves and shall extend from the eave edge to a point at least 24 inches inside the exterior wall line of the building. Exception: Detached structures and attached garages that contain no conditioned floor area . 1607.2 Loads. Amend to read in its entirety: 1607.12 Roof loads The structural supports of roofs and marquees shall be designed to resist wind and , where applicable , snow and earthquake loads , in addition to the dead load of construction and the appropriate live loads as prescribed in this section , or as set forth in Table 1607.1 . The live loads acting on a sloping surface shall be assumed to act vertically on the horizontal projection of that surface. For Hoop Houses as defined in Section 3102.2 , the minimum live load for roofs shall be 5 PSF for coverings and 20 PSF for structural components. 8 1609.1 Application. Amend to read in its entirety: 1609.1 Application. Buildings, structures and parts thereof shall be designed to withstand the minimum wind loads prescribed herein. Decreases in wind loads shall not be made for the effect of shielding by other structures. Exception: Hoop Houses as defined in Section 3102.2 shall be designed to provide resistance to a minimum wind speed of 70 miles per hour. 1808.1 General. Amend to read in its entirety: 1805.1 General. Footings shall be designed and constructed in accordance with Sections 1805.1 through 1805.9. Footings and foundations shall be built on undisturbed soil, compacted fill material or CLSM. Compacted fill material shall be placed in accordance with Section 1803.5. CLSM shall be placed in accordance with 1803.6. All footing and foundation systems for additions and new structures shall be designed by a State of Colorado structural engineer and submitted plans for these systems shall be wet-stamped by the engineer of record at the time of permit application submission. The top surface of footings shall be level. The bottom surface of footings is permitted to have a slope not exceeding one unit vertical in 10 units horizontal ( 10 percent slope). Footings shall be stepped where it is necessary to change the elevation of the top surface of the footing or where the surface of the ground slopes more than the one unit vertical in 10 units horizontal (1 0 percent slope). 3001 .2 Referenced Standards. Amend to read in its entirety: 3001.2 Referenced Standards. Except as otherwise provided for in this Code, the design, construction, installation, alteration, repair and maintenance of elevators and conveying systems and their components shall conform to ASME A90.1, ASME B20.1, ALCTV, and ASCE 24 for construction in flood hazard areas established in section 1612.3 of this code. The design, construction installation, alteration, repair and maintenance of elevators and conveying systems shall also conform to ASME A17.1, ASME A17.2, ASME A17.3, ASME A18.1 and ASME QE-1 and all other standards referenced in Section 2-6-1(1) ofthe Colorado Department of Labor and Employment, Division of Public Safety Conveyance Regulations, 7 Colo. Code Regs. 1101-8, as now and hereafter amended (the "OPS Regulations"). 3102.2 Definitions. Add the following language to Section 3102.2: HOOP HOUSE. A structure not exceeding 1,000 square feet in floor area with a maximum six mils thick poly film roof and wall covering installed over rounded 9 structural members in which there is no storage of solvents , fertilizers , gases or other chemicals or flammable materials. Structures not complying with all of the specifics set forth in the definition above shall be defined in accordance with adopted code and standard practice. Hoop houses exceeding I ,000 square feet in size shall be defined as greenhouses for the purpose of determining applicability of adopted codes and regulations. 3102.3 Typ e of construction . Amend to read in its entirety: 3102.3 Type of construction. Noncombustible membrane structures shall be classified as Type liB construction. Noncombustible frame or cable-supported structures covered by and approved membrane in accordance with Section 3012 .3 .1 shall be classified as Type liB construction . Heavy timber frame- supported structures covered by an approved membrane in accordance with Section 3102.3 .1 shall be classified as Type IV construction. Other membrane structures , and hoop houses as defined in Section 3102 .2 , shall be classified as Type V con struction. Exception: Plastic less than 30 feet above any floor used in hoop houses as defined in Section 3102.2 and greenhouses , where occupancy by the general public is not authorized , and for aquaculture pond covers is not required to meet the fire propagation performance criteria ofNFPA 70 I . 3102. 3 .1 M embran e and interior lin er. Amend to read in its entirety 3102.3.1 Membrane and interior liner material. Membrane and interior liners shall be either noncombustible as set forth in Section 703.4 or meet the fire propagation perfonnance criteria ofNFPA 701 and the manufacturer's test protocol. Exception: Plastic less than 20 mil in thickness used in hoop houses as defined in Section 31 02 .2 and in greenhouses , where occupancy by the general public is not authori z ed , and for aquaculture pond covers is not required to meet the fire propagation perfonnance criteria ofNFPA 701 . 3102 .4 A llo wable floor areas . Amend to read in its entirety: 3102.4 Allowable floor areas. The area of a membrane structure shall not exceed the limitations set forth in Table 503 , except as provided in Section 506 . The floor area of Hoop Houses as defined in Section 3102.2 shall not exceed 1 ,000 square feet. 3102.5 Maximum height. Amend to read in its entirety: 3102.5 Maximum height. Membrane structures shall not exceed one story nor shall such structures exceed the height limitations in feet set forth in Table 503 . 10 Hoop houses as defined in Section 3102.2 shall not exceed applicable heights as determined by regulations set forth in Municipal Code Sections 26-205, 26-214, and 26-625. Exception: Noncombustible membrane structures serving as roofs only. 3102.6.1 Noncombustible membrane. Amend to read in its entirety: Section 3102.6.1 Noncombustible membrane. A noncombustible membrane shall be permitted for use as the roof or as a skylight of any building or atrium of a building of any type of construction provided it is at least 20 feet above any floor, balcony or gallery. A noncombustible poly film not exceeding 6 millimeters in thickness shall be permitted to be used as the roof and wall covering for structures defined as Hoop Houses in Section 3102.2, regardless of height. 3109.3 Public swimming pools. Amend to read in its entirety: 3109.3 Public swimming pools. Public swimming pools shall be completely enclosed by a fence at least 60 inches in height or a screen enclosure. Openings in the fence shall not permit the passage of a 4-inch-diameter sphere. The fence or screen enclosure shall be equipped with self-closing and self-latching gates complying with section 3109.4.1.7 Gates. 3109.4.1 Barrier height and clearances. Amend to read in its entirety: 3109.4.1 Barrier height and clearances. The top of the barrier shall be at least 60 inches above grade measured on the side of the barrier that faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be 2 inches measured on the side of the barrier that faces away from the swimming pool. Where the top of the pool structure is above grade, the barrier is authorized to be at ground level or mounted on top of the pool structure, and the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be 4 inches. Only the following appendices are adopted: Appendix E: Supplementary Accessibility Requirements. Appendix E is adopted in its entirety to set forth requirements not otherwise covered in other areas of the code or referenced documents for accessibility requirements. Appendix 1: Patio Covers. Appendix I is adopted in its entirety to set forth requirements not otherwise covered in other areas of the code for Patio Covers. 11 Section 2. Section 5-77(a) of the Wheat Ridge Code of Laws , concerning the National Electrical Code, is hereby amended as follows: (a) Adoption . The National Electrical Code, 2014 Edition, copyrighted by the National Fire Protection Association , Batterymarch Park , Quincy, Massachusetts , 01269-7 4 71 , is hereby adopted by reference and incorporated into this article as though fully set forth herein as the electrical code of the city. Except as otherwise provided in this article, such code is adopted in full , including the index contained therein . One copy of said National Electrical Code shall be filed in the office of the city clerk and may be inspected during regular business hours. Section 3. follows : Section 5-7 8 of the Code is repealed in its entirety and reenacted to read a s (a) Adoption . The International Mechanical Code, 2012 Edition , is hereby adopted by reference and incorporated into this article as though fully set forth herein a s the mechanical code of the City of Wheat Ridge. One copy of said International Mechanical Code shall be filed in the office of the city clerk and may be inspected during regular business hours. Except as otherwise provided hereafter, such code is adopted in full , including the outline of contents and index contained herein. (b) A m endm ents. The International Mechanical Code adopted by this section is amended as follows . Section numbers referred to herein refer to and correspond with the section numbers of the 2012 International Mechanical Code. 101 .1 Titl e. Amend to read in its entirety: 101.1 Title . These regulations shall be known as the M echani cal Code of the City of Wheat Ridge hereinafter referred to as "this code." 106.3.1 Con s tru ction do cum ents. Amend to read in its entirety: 106.3.1 Construction documents . Construction documents , engineering calculations , diagrams and other data shall be submitted in three or more sets with each application for permit. The code official shall require construction documents , computations and specifications to be prepared and designed by a registered design professional when required by state law. Where special conditions exist, the code official is authorized to require additional construction documents to be prepared by a registered design professional. 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 12 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. 106.4.3 Expiration. Amend to read in its entirety: 106.4.3 Expiration. Every permit issued by the code official under the provisions of this code shall expire one year (365 days) after the date of issuance. The building official is authorized to grant, in writing, one or more extensions of time, for periods of not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. 106.5.2 Fee Schedule. Amend to read in its entirety: 106.5.2 Fee Schedule. The fees for all mechanical work shall be established as set forth in Table 1-A. 106.5.3 Fee refunds. Amend to read in its entirety: 106.5.3 Fee refunds. The code official shall authorize the refunding of fees as follows: 1. The full amount any fee paid hereunder that was erroneously paid or collected. 2. Not more than 1 00 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. 3. Not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended. 4. Not more than 50 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled after initiation of any plan review effort. Note: The code official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment. 108.4 Violation penalties. Amend to read in its entirety: 13 108.4 Violation penalties . Any person or entity 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 pennit or certificate issued under the provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $1 ,000 .00 dollars or by imprisonment not exceeding 90 days , or both such fine and imprisonment ; provided , however, that no person under the age of eighteen ( 18) years shall be subjected to imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 108.5 Stop work orders. Amend to read in its entirety: 108.5 Stop work orders. Upon notice from the code official , work on any mechanical system that is being done contrary to the provisions of this code or in a dangerous or unsafe manner shall immediately cease . Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work, or visibly posted at the work site. The notice shall state the conditions under which the work is authorized to resume. Where an emergency exists , the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work that person is directed to perfonn to remove a violation or unsafe condition , shall be liable to a fine of not less than 60 dollars or not more than I 000 do11ars. 109 Means of Appeal. Amend to read in its entirety: 109 Means of Appeal. Appeals of decisions and determinations made by the Building Official shaH comply with the process and procedures set forth in City of Wheat Ridge Municipal Code Sections 2-59 and 5-25. An application for appeal shall be based on claim the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted , the provisions of the code do not fully apply, or an equally good or better fom1 of construction is proposed . 502 .20 Marijuana related occupancies. Add the following section: 502.20 Marijuana related occupancies. Occupancies involved in the sale, transfer, packaging, processing, cultivation, production, extraction or destruction of plants and their parts, devices designed for the use of marijuana and marijuana products, products containing marijuana and hash oil , hash oil or other marijuana related operations and activities shall provide an approved source capture system capable of removing particulate and odors as required to achieve levels that do not constitute as nuisance to adjacent occupants, structures and properties. For the purpose of application of requirements of this code, occupancies involved in the extraction of hash oil shall be considered to be hazardous occupancies and shall be subject to the requirements for such occupancies as set forth in this code. 14 Section 4. follows: Section 5-79 of the Code is repealed in its entirety and reenacted to read as (a) Adoption. The International Plumbing Code, 2012 Edition , is hereby adopted by reference and incorporated into this article as though fully set forth herein as the plumbing code of the City ofWheat Ridge . One copy of said International Plumbing Code shall be filed in the office of the city clerk and may be inspected during regular business hours . Except as otherwise provided hereafter, such code is adopted in full , including the outline of contents and index contained herein . (b) Amendm ents. The International Plumbing Code adopted by this section is amended as follows. Section numbers referred to herein refer to and correspond with the section numbers ofthe 2012 International Plumbing Code. 101.1 Title . Amend to read in its entirety: 101.1 Title. These regulations shall be known as the Plumbing Code of the City of Wheat Ridge hereinafter referred to as "this code." 106.3.1 Construction documents. Amend to read in its entirety: 106.3.1 Construction documents. The registered design professional shall submit to the code official three complete sets of signed and sealed construction documents for the alternative engineered design. The construction documents shall include floor plans and a riser diagram of the work. Where appropriate, the construction documents shall indicate the direction of flow , all pipe sizes , grade of horizontal piping, loading, and location of fixtures and appliances. 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 submission of construction documents is not necessary to detennine compliance with this code. 106.5.3 Expiration. Amend to read in its entirety: 106.5.3 Expiration. Every permit issued by the code official under the provisions of this code shall expire one year (365 days) after the date of issuance. The building official is authorized to grant, in writing, one or more extensions of time, for periods of not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. 106.6.2 Fee Schedule . Amend to read in its entirety: 15 106.6.2 Fee Schedule. The fees for all plumbing work shall be established as set forth in Table 1-A. 106.6.3 Fee refunds. Amend to read in its entirety: 106.6.3 Fee refunds. The code official shall authorize the refunding of fees as follows: I. The full amount any fee paid hereunder that was erroneously paid or collected. 2. Not more than 100 percent ofthe permit fee paid when no work has been done under a pennit issued in accordance with this code. 3. Not more than 80 percent of the plan review fee paid when an application for a pem1it for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended. 4. Not more than 50 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled after initiation of any plan review effort. Note : The code official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment. 108.4 Violation p enalties. Amend to read in its entirety: 108.4 Violation penalties. Any person or entity 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 plumbing work in violation of the approved construction documents or directive of the code official , or of a penn it or certificate issued under the provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $1 ,000 .00 dollars or by imprisonment not exceeding 90 days , or both such fine and imprisonment; provided , however, that no person under the age of eighteen ( 18) years shall be subjected to imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 108.5 Stop work orders. Amend to read in its entirety: 108.5 Stop work orders. Upon notice from the code official , work on any plumbing system that is being done contrary to the provisions of this code or in a dangerous or unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work , or visibly posted at the work site . The notice shall state the conditions under which the work is authorized to resume. Where an 16 emergency exists , the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work that person is directed to perform to remove a violation or unsafe condition , shall be liable to a fine of not less than 60 dollars or not more than 1000 dollars. I 09 M eans of Appeal. Amend to read in its entirety: 109 Means of Appeal. Appeals of decisions and determinations made by the Building Official shall comply with the process and procedures set forth in City of Wheat Ridge Municipal Code Sections 2-59 and 5-25. An application for appeal shall be based on claim the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted , the provisions of the code do not fully apply, or an equally good or better form of construction is proposed. 403 .1 Minimum number of fix tures . Delete the text of this section , while maintaining Table 403.1 , and insert: 403.1 Minimum number of fixtures. Plumbing fixtures shall be provided for the type of occupancy and in the minimum number shown in Tables 403.1 and 403 .l.l.Types of occupancies not shown in Tables 403.1 and 403.1.1 shall be considered individually by the code official. The number of occupants shall be determined by the International Building Code. Occupancy classification shall be detennined in accordance with the International Building Code. Table 403.1.1 shall be as follows : Table 403.1.1 Occupancy Description Separate Sex Facilities Required When Occupant Load Exceeds A-1 A-2 A-3 Theaters and other buildings For the performing arts and Motion pictures Nightclubs , bars , taverns , dance halls and buildings for similar purposes Restaurants , banquet halls and food courts Auditoriums without pennanent seating, art galleries, exhibition halls, museums, lecture halls , libraries , arcades and gymnasiums 17 65 40 75 65 A-4 A-5 8 E F1 & F2 I -1 1-2 1-3 1-3 1-4 M R-1 Passenger terminals and transportation facilities Places of worship and other religious services Coliseums, arenas , skating rinks , pools and tennis courts for indoor sporting events and activities Stadiums, amusement parks, bleachers and grandstands for outdoor sporting events and activities Buildings for the transaction ofbusiness, professional services, other services involving merchandise, office buildings, banks , light industrial and similar uses Educational facilities Structures in which occupants are engaged in work fabricating , assembly or processing of products or materials Residential care Hospitals , ambulatory nursing home patients Employees , other than residential care Visitors , other than residential care Prisons Refonnatories , detention centers , and correctional centers Adult day care and child care Retail stores , service stations , shops , salesrooms, markets and shopping centers Hotels , motels , boarding houses (transient) 18 250 75 40 40 25 50 100 10 N /A 25 75 N/A 15 15 250 N /A R-2 Dormitories, fraternities, sororities and boarding 10 houses (not transient) R-2 Apartment house N /A R-3 One-and two-family dwellings N/A R-4 Residential care/assisted living facilities 10 S-1 Structures for the storage of goods , warehouses , 100 S-2 storehouse and freight depots. Low and moderate hazard 903.1 Roof Extensions. Amend to read in its entirety: 903.1 Roof Extension. All open pipes that extend through a roof shall be terminated at least twelve inches above the roof, except that where a roof is to be used for any purpose other than weather protection, the vent extensions shall be run at least 7 feet (2134 mm) above the roof. Section 5. Section 5-81 of the Code IS repealed m its entirety and reenacted to read as follows: Sec. 5-81 Sign and demolition permit fees. New or replacement signs shall have fees based on the valuation ofthe installation (total cost to the customer) and such fees shall be computed based on Table 1-A ofthe International Building Code. Demolition permit fees shall be fifty dollars ($50.00) per address. Single or double-sided sign face changes shall not be subject to sign fees. Section 6. Section 5-82 of the Code IS repealed m its entirety and reenacted to read as follows: (a) Adoption. The International Property Maintenance Code, 2012 Edition, is hereby adopted by reference and incorporated into this article as though fully set forth herein as the fuel gas code of the City of Wheat Ridge. One copy of said International Property Maintenance Code shall be filed in the office of the city clerk and may be inspected during regular business hours. Except as otherwise provided hereafter, such code is adopted in full , including the outline of contents and index contained herein. 19 (b) Amendments. The International Property Maintenance Code adopted by this section is amended as follows. Section numbers referred to herein refer to and correspond with the section numbers of the 2012 International Property Maintenance Code. 101.1 Title. Amend to read in its entirety: 101.1 Title . These regulations shall be known as the Property Maintenance Code of the City of Wheat Ridge, hereinafter referred to as "this code." 111 Means of Appeal. Amend to read in its entirety: Ill Means of Appeal. Appeals of decisions and detenninations made by the Building Official shall comply with the process and procedures set forth in City of Wheat Ridge Municipal Code Sections 2-59 and 5-25. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of the code do not fully apply, or an equally good or better form of construction is proposed. Section 111.4 Failure to comply. Amend to read in its entirety: 111.4 Failure to comply. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work that person is directed to perfonn to remove a violation or unsafe condition, shall be liable to a fine of not less than 60 dollars or not more than I 000 dollars. Section 302.4 Weeds. Amend to read in its entirety: 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve ( 12) inches in height. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however this tem1 shall not include cultivated flowers and gardens. Section 303.2 Enclosures. Amend to read in its entirety: 303.2. Enclosures. Private swimming pools, hot tubs and spas, containing water more than 24 inches in depth shall be completely surrounded by a fence or barrier at least 60 inches 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 54 inches 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 6 inches from the gate post. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier. 20 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 304.14 Insect screens. Amend to read in its entirety: 304.14 Insect screens. Insect screens shall be provided on 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 in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch , and every screen door used for insect control shall have a self-closing device in good working condition. Exception: Screens shall not be required where other approved means, such as air curtains or insect repellant fans, are employed. Section 602.3 Heat supply. Amend to read in its entirety: 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 to maintain a minimum temperature of 68 degrees in all habitable rooms, bathrooms and toilet rooms. Section 7. Section 5-84 of the Code IS repealed m its entirety and reenacted to read as follows: (a) Adoption. The International Energy Conservation Code, 2012 Edition, is hereby adopted by reference and incorporated into this article as though fully set forth herein as the energy conservation code of the City of Wheat Ridge. One copy of said International Energy Conservation Code shall be filed in the office of the city clerk and may be inspected during regular business hours. Except as otherwise provided hereafter, such code is adopted in full, including the outline of contents and index contained herein. (b) Amendments. The International Energy Conservation Code adopted by this section is amended as follows. Section numbers referred to herein refer to and correspond with the section numbers of the 2012 International Energy Conservation Code. CJOJ.l Title. Amend to read in its entirety: ClOl.l Title. These regulations shall be known as the Energy Conservation Code of the City of Wheat Ridge, and shall be cited as such. It is referred to herein as "this code." 21 CJ03 .1 General . Amend to read in its entirety: C103.1 General. Construction documents and other supporting data shall be submitted in three or more sets with each application for permit. The code official is authorized to require necessary construction documents to be prepared by a registered design professional. Exception: The code official is authorized to waive the requirements for construction documents or other supporting data if the code official determines they are not necessary to confinn compliance with this code. CJO B Stop work orders . Amend to read in its entirety: C108 Stop work orders. Upon notice from the code official that work is being done contrary to the provisions of this code or in a dangerous or unsafe manner shall immediately ceas e . Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent , or to the person doing the work , or vi sibly posted at the work site. The notice shall state the conditions under which the work is authorized to resume . Where an emergency exists , the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work that person is directed to perform to remove a violation or unsafe condition , shall be deemed to be in violation of this code. CJ09 Board of Appeals. Amend to read in its entirety: C109. Board of Appeals. Appeals of decisions and detenninations made by the Building Official shall comply with the process and procedures set forth in City of Wheat Ridge Municipal Code Sections 2-59 and 5-25. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted , the provision s of the code do not fully apply, or an equally good or better fonn of construction is proposed . CliO Violation p enalties . Add the following section : CllO Violation penalties. Any person or entity 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 work in violation of the approved construction documents or directive of the code official , or of a permit or ce11ificate issued under the provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $1 ,000.00 dollars or by imprisonment not exceeding 90 days , or both such fine and imprisonment; provided , however, that no person under the age of eighteen (18) years shall be subjected to imprisonment. Each day 22 that a violation continues after due notice has been served shall be deemed a separate offense. Section 8. Section 5-85 of the Code 1s repealed m its entirety and reenacted to read as follows: (a) Adoption. The International Residential Code, 2012 Edition, is hereby adopted by reference and incorporated into this article as though fully set forth herein as the one-and two-family dwelling code of the City of Wheat Ridge. One copy of said International Residential Code shall be filed in the office of the city clerk and may be inspected during regular business hours. Except as otherwise provided hereafter, such code is adopted in full , including the outline of contents and index contained herein. (b) Amendm ents. The International Residential Code adopted by this section is amended as follows. Section numbers referred to herein refer to and correspond with the section numbers of the 2012 International Residential Code. RJOJ.l Title . Amend to read in its entirety: RlOl.l Title. These provisions shall be known as the R esidential Code for On e- and Two-family D we llings of the City of Wheat Ridge, and shall be cited as such and will be referred to herein as "this code." RJOJ .2 Scop e. Amend to read in its entirety: R101.2 Scope. The provisions of the International Residential Code for One-and Two-Family Dwellings shall apply to the construction, alteration , movement, enlargement, replacement, repair, equipment, use and occupancy, location , removal and demolition of detached one-and two-family dwellings and townhouses not more than three stories above grade plane in height with separate means of egress and their accessory structures. Rl05.2 Work exempt from p ermit. Amend to read in its entirety: R105.2 Work exempt from permit. Permits shall not be required for the following . Exemption from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Building: 1. One-story detached accessory structures used as tool and storage sheds , playhouses and similar uses , provided the floor area does not exceed 120 square feet. 23 2. Fences not over 6 feet high. 3. Retaining walls that are not over 4 feet in height measured from the bottom of the footing to the top of the wall , unless supporting a surcharge. 4. Water tanks supported directly on grade if the capacity does not exceed 5, 000 gallons and the ration of height to diameter or width does not exceed 2 to I. 5. Sidewalks and driveways . 6. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work that is not part of the scope of a larger pennittable project. 7. Prefabricated swimming pools that are less than 24 inches deep . 8. Swings and other portable playground equipment. 9. Window awnings supported by an exterior wall which do not project more than 54 inches from the exterior wall and do not require additional support . I 0. Hoop houses as defined in Section 3102 .2 of the Intemational Building Code that do not exceed 400 square feet in floor area , that are not occupied by the general public, and that do not contain mechanical or electrical devices , equipment or systems. Electrical: I . Listed cord-and-plug connected temporary decorative lighting. 2 . Reinstallation of attachment plug receptacles but not the outlets therefor. 3. Replacement ofbranch circuit overcurrent devices of the required capacity in the same location. 4 . Electrical wiring, devices , appliances , apparatus or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy. 5. Minor repair work , including the replacement of lamps or the connection of approved portable electrical equipment to approved pennanently installed receptacles. 24 Gas: 1. Portable heating, cooking or clothes drying appliances. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. 3. Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid . Mechanical: 1. Portable heating appliances. 2. Portable ventilation appliances. 3. Portable cooling unit. 4. Steam , hot or chilled water piping within any heating or cooling equipment regulated by this code. 5. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. 6. Portable evaporative cooler. 7. Self-contained refrigeration systems containing 1 0 pounds ( 4.54 kg) or less of refrigerant or that are actuated by motors of I horsepower (746W) or less. 8. Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. Plumbing: The stopping of leaks in drains , water, soil , waste or vent pipe ; provided , however, that if any concealed trap , drainpipe , water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. 25 The clearing of stoppages or the repairing of leaks in pipes , valves or fixtures , and the removal and reinstallation of water closets , provided such repairs do not involve or require the replacement or rearrangement of valves , pipes or fixtures . R/05.5 Expiration. Amend to read in its entirety: RlOS.S Expiration. Every pennit issued by the code official under the provisions of this code shall expire one year (365 days) after the date of issuance. The building official is authorized to grant, in writing, one or more extensions of time, for periods of not more than 180 days each. The extension shall be requested in w1iting and justifiable cause demonstrated. R 106. I Submittal do c um ents. Amend to read in its entirety: R106.1 Submittal documents. Construction documents , special inspection and structural observation program s and other data shall be submitted in three or more sets with each application for pennit. The construction documents shall be prepared by a registered design professional where required by the statutes of the juri sdiction in which the project is to be constructed. Where special conditions exist , the building official is authorized to require additional construction documents to be prepared by a registered design professional. Exception: The building official is authori z ed to waive the submission of construction documents and other data not required to be prepared by a regi stered design professional if it is found that the nature of the work applied for is such that reviewing of construction documents is not necessary to obtain compliance with this code . R/08.2 S c hedule of p ermit f ees . Amend to read in its entirety: R108.2 Schedule of permit fees. On buildings , structures, electrical , gas , mechanical and plumbing systems or alterations requiring a pennit, a fee for each permit shall be paid as required , in accordance with the s chedule as established by the applicable governing authority. The pern1it fee shall be established as set forth in Table 1-A. Rl 08.3 Building p ermit valuations. Amend to read in its entirety: R108.3 Building permit valuations. The applicant for a permit shall provide an estimated project valuation at the time of application. Pennit valuations shall include the total value of all work , including foundation work , structural and non- structural building components, electrical , gas , plumbing, mechanical and interior finish materials . Project valuation shall be calculated by the Building Division based on data published on the City website, and the higher of the applicant stated 26 valuation and the division calculated valuation shall be used to determine building pennit fees. Final building permit valuation shall be set by the building official. RJ08.5 Refunds. Amend to read in its entirety: R108.5 Refunds. The code official shall authorize the refunding of fees as follows: 1. The full amount any fee paid hereunder that was erroneously paid or collected. 2. Not more than I 00 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. 3. Not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended. 4. Not more than 50 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled after initiation of any plan review effort. Note: The code official shall not authorize the refunding of any fee paid except upon written application filed by the original pennittee not later than 180 days after the date of fee payment. Rll2 Board of Appeals. Amend to read in its entirety: R112 Board of Appeals. Appeals of decisions and determinations made by the Building Official shall comply with the process and procedures set forth in City of Wheat Ridge Municipal Code Sections 2-59 and 5-25. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of the code do not fully apply, or an equally good or better form of construction is proposed. Rl 13.4 Violation penalties. Amend to read in its entirety: R113.4 Violation penalties. Any person or entity 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 residential 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, punishable by a fine of not more than $1,000.00 dollars or by imprisonment not exceeding 90 days, or both such fine and imprisonment; provided, however, that no person under the age of eighteen (18) years shall be subjected to imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 27 G RO L:-.D S "\0\\ LOAD 30 PSF Rl 14.2 Unlawful continuance. Amend to read in its entirety: R114.2 Unlawful continuance. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than 60 dollars or not more than I 000 dollars and shall be guilty of a misdemeanor, punishable by a fine of not more than $1 ,000.00 dollars or by imprisonment not exceeding 90 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. R202 D efinitions. Add the following text under the definition of"ROOF DECK": Solidly sheathed deck shall be defined as decking consisting of APA approved wood structural panel sheathing. Closely fitted deck shall be defined as decking consisted of AP A approved wood structural panel sheathing or lumber sheathing conforming to the requirements of Table 503.2.1.1 (1) in which no gap between members exceeds one-half of one inch . Spaced decking shall be defined as lumber sheathing conforming to the requirements ofTables 2304 .7(1) through 2304.7(5) in which any gap between members exceeds one-half of one inch. Table R301 .2(1): Climatic and Geographic D esign Criteria. Table R301.2(1) shall apply as referenced in this code and is hereby completed as follows: Table R301.2(l) CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA \\'1"\D DES IG \ SE I S ~II C SU BJECT TO DAMAGE FRO~ I Wl:-oT E R ICE BARRI E R FLOOD DES IG \ FROST DES IG :O. NDE RLA ni E "\T II AZ RD S SPEED T OPOG RAPH IC CATEGOR\ W EA TH E RI NG LI NE TERMITE TE.\IP REQ UIR ED (MPII ) EFF ECT S O EPTII 105 YES 8 SEVERE 36" LIGHT 0 YES 1979 FIRM R401 .2 Requirements. Amend to read in its entirety: R401.2 Requirements. Foundation construction shall be capable of accommodating all loads according to Section R301 and of transmitting the resulting loads to the supporting soil. Fill soils that support footings and 28 A IR FR EEZI:-o G I NDEX 1500 ~lEA \ ;.\N ~l'A l. TE.\IP 45 foundations shall be designed , installed and tested in accordance with accepted engineering practice. Gravel fill used as footings for wood and precast concrete foundations shall comply with Section R403. With the exception of prescriptive monolithic slabs less than 1000 square feet in size for garages or similar non- habitable occupancies , foundation systems shall be designed , inspected and approved by a State of Colorado registered Structural Engineer. R602.5 Interior nonbearing walls. Amend to read in its entirety: R602.5 Interior nonbearing walls. Interior nonbearing walls shall be permitted to be constructed with 2-inch-by-3-inch (51 mm by 76 mm) studs spaced 24 inches on center. Interior nonbearing walls shall be capped with at least a single top plate. Interior nonbearing walls shall be fire blocked in accordance with Section R602.8. R602. 7.3 Nonb earing walls. Amend to read in its entirety: R602.7.3 Nonbearing walls. In interior and exterior nonbearing walls , a header constructed of two(2) 2-inch-by-4-inch members placed on edge shall be required over all openings spanning less than eight(8) feet. R 703.6.1 Lath . Amend to read in its entirety: R703.6.1 Lath. All lath and lath attachments shall be of corrosion-resistant materials. Expanded metal or woven wire lath shall be attached with 11 /2 -inch long, 11 gage nails having a 7 /16-inch head , or 7 /8-inch-long, 16 gage staples, spaced at no more than 6 inches , or as otherwise approved. Whenev er the wall sheathing is of code approved material capable of receiving and sustaining fasteners , lath fasteners shall be spaced at no more than 6 inches on center both horizontally and vertically, or as otherwise approved. R 8 03 .1 Lumber Sh eathing. Amend to read in its entirety: R803.1 Lumber Sheathing . Allowable spans for lumber used as roof sheathing shall conform to Table 803 .1 . Spaced lumber sheathing for wood shingle and shake roofing shall conform to the requirements of Section R905.7 and R905 .8 . Spaced lumber sheathing is not allowed in Seismic Design Category D2. Lumber sheathing installed with any gap exceeding one-half inch shall not be considered to be solid or closely-fitted sheathing, and shall be defined as spaced sheathing. R807.1 Attic Access . Amend to read in its entirety: R807.1 Attic Access. Buildings with combustible ceiling or roof construction shall have an attic access opening to attic areas that exceed 30 square feet and have a vertical height of 30 inches or more. 29 The rough-framed opening shall not be less than 22 inches by 30 inches and shall be located in a hallway or other readily accessible location. A 30-inch minimum unobstructed headroom in the attic space shall be provided at all points directly above the access opening. The finish opening dimensions of attic accesses shall be a minimum of20 inches by 30 inches. See Section M1305.1.3 for access requirements where mechanical equipment is located in attics. R905.2 .6 Attachment. Amend to read in its entirety: R905.2.6 Attachment. Asphalt shingles shall be attached with a minimum of 6 nails per shingle or as specified by the manufacturer, whichever is more restrictive. Where the roof slope exceeds 20 units vertical in 12 units horizontal ( 167 percent slope) special methods of fastening are required . Special fastening methods shall be tested in accordance with ASTM D 3161 , Class F. Asphalt shingle wrappers shall bear a label indicating compliance with ASTM D 3161 , Class F. 905 .2. 7.1 Ice barrier. Amend to read in its entirety:: 905.2.7.1 Ice barrier. An ice barrier complying with ASTM 01970 shall be required in lieu of normal underlayment at roof eaves and shall extend from the eave edge to a point at least 24 inches inside the exterior wall line of the building. Exception: Detached structures and attached garages that contain no conditioned floor area. R905.2.8.5 Other Flashing. Amend to read in its entirety: R905.2.8.5 Other Flashing. Flashing against a vertical front wall , as well as soil stack , vent pipe and chimney flashing, shall be applied according to the asphalt shingle manufacturer's printed instructions . A minimum 2-inch by 2-inch galvanized flashing shall be required at eaves of all roofs. Flashing shall be installed to as recommended by manufacturer or as necessary to seal gaps between roof sheathing and roof gutters . M 1305.1.4 Appliances unde r floors. Amend to read in its entirety: Ml305.1.4 Appliances under floors. Underfloor spaces containing appliances requiring access shall have an unobstructed passageway large enough to remove the largest appliance, but not less than 30 inches high and 22 inches wide, no more than 20 feet long when measured along the centerline of the passageway from the opening to the appliance. A level service space at least 30 inches deep and 30 inches wide shall be present at the front or service side of the appliance. If the depth of the passageway or the service space exceeds 12 inches below the adjoining grade, the walls of the passageway shall be lined with concrete or masonry extending 4 inches above the adjoining grade in accordance with 30 Chapter 4. The rough-framed access opening dimensions shall be a minimum of 22 inches by 30 inches where the dimensions are large enough to remove the largest appliance. The finish opening dimensions of under floor accesses shall be a minimum of 20 inches by 30 inches. RJOJ.J Title. Amend to read in its entirety: RlOl.l Title. These provisions shall be known as the Residential Code for One- and Two-family Dwellings of the City of Wheat Ridge, and shall be cited as such and will be referred to herein as "this code." P2904 Dwelling Unit Fire Sprinkler Systems. Delete this section and all corresponding subsections in their entirety. P3103.1 Roof extension. Amend to read in its entirety: P3103.1 Roof extension. All open pipes that extend through a roof shall be terminated at least twelve (12) inches above the roof, except that where a roof is to be used for any purpose other than weather protection, the vent extensions shall be run at least 7 feet (2134 mm) above the roof. Appendices. The following appendices are adopted in their entirety: Appendix A (IFGS): Sizing and Capacities of Gas Piping Appendix B (IFGS): Sizing of Venting Systems Serving Appliances Equipped with Draft Hoods, Category 1 Appliances, and Appliances Listed for Use with Type B Vents Appendix C (IFGS): Exit Tem1inals of Mechanical Draft and Direct-vent Venting Systems Appendix D (IFGS): Recommended Procedure for Safety Inspection of an Existing Appliance Installation Appendix H: Patio Covers Appendix G: Swimming Pools in its entirety, with the following amendments: AG105.2 (1). Amend to read in its entirety: AG105.2(1). The top of the barrier shall be at least 60 inches above grade measured on the side of the barrier that faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be 2 inches measured on the side of the barrier that faces away from the swimming pool. Where the top of the pool structure is above grade , the barrier is authorized 31 to be at ground level or mounted on top of the pool structure, and the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be 4 inches. Section 9. Section 5-86 of the Code ts repealed m its entirety and reenacted to read as follows: (a) Adoption. The International Fire Code, 2012 Edition , is hereby adopted by reference and incorporated into this article as though fully set forth herein as the fire code of the City of Wheat Ridge. One copy of said International Fire Code shall be filed in the office of the city clerk and may be inspected during regular business hours. Except as otherwise provided hereafter, such code is adopted in full , including the outline of contents and index contained herein. Only Appendices B , D , F and I, published by the International Code Council are hereby adopted by reference. The 2012 International Fire Code shall be known as the "l.F.C." or the "fire code" and may be cited and referred to as such. (b) Amendm ents. The International Fire Code adopted by this section is amended as follows. Section numbers referred to herein refer to and correspond with the section numbers of the 2012 International Fire Code. S ection I 02 .1 Construction and d esign ._Amend to read in its entirety: 102.1 Construction and design provisions. The construction and design provisions of this code shall apply to: 1. Structures , facilities and conditions arising after adoption of this code. 2. Existing structures and conditions not legally in existence at the time of adoption of this code. 3. Existing structures , facilities and conditions which , in the opinion of the fire code official , constitute a distinct hazard to life or property. 103.4.1 L egal D ef ense. Amend to read in its entirety: 103.4.1 Legal Defense. Any suit instituted against any officer or employee of any fire protection district or any officer or employee of the City of Wheat Ridge because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the fire protection district or City by which he or she is employed by the legal representative of the fire protection district or City by which he or she is employed until the final tennination of the proceedings . The fire code official , city officer or employee or any subordinate shall not be liable for costs in an action , suit or proceeding that is instituted in pursuance of the provisions of this code; and any officer or employee of the department of fire prevention or the City, acting in good faith and without malice , shall be free from 32 liability for acts performed under any of its provisions or reason of any acts or omission in the performance of official duties in connection therewith. 104.1 General Authority and Responsibilities. Amend by adding the following subsection: 104.1.1 Responsibilities. The International Fire Code shall be administered and enforced by the Building Official of the City of Wheat Ridge and designated assistants , who shall perform the following functions : 1. Approval of plans for building new structures and remodeling of existing structures; 2. The inspection of all construction of new and remodeling of existing structures ; 3. The destruction of unsafe structures ; 4. Enforcement of the International Fire Code shall be by the Division of Fire Prevention of the Wheat Ridge Fire Protection District, the Life Safety Division of the Arvada Fire Protection District, or the designated office of West Metro Fire Rescue and the Fairmount Fire Protection District for the functions listed pertaining to each jurisdictions respective amendments. 5. The Fire Marshal or his designated representative shall be responsible, as the designee of the Building Official of the City ofWheat Ridge, for the administration and enforcement of the code and shall enforce all ordinances of the jurisdiction. 6 . Wherever this code refers to the Fire Code Official in the context of code administration it shall refer to the Fire Marshal , or his/her designee, of the respective fire district having jurisdiction enforcement, or designated representative of the Building Official of the City of Wheat Ridge or his/her designee. 7 . Wherever this code refers to the Fire Chief, it shall refer to the Chief of the Wheat Ridge Fire Protection District, the Arvada Fire Protection District, West Metro Fire Rescue or the Fairmount Fire Protection District. Section 108 Board of Appeals. Amended as follows: 108.1 Board of appeals established. Appeals of decisions and determinations made by the Building Official or the fire code official shall comply with the process and procedures set forth in City of Wheat Ridge Municipal Code Sections 2-59 and 5-25 . 108.2 Limitations on authority. Unchanged and adopted as written. 108.3 Qualifications. Delete in its entirety. 33 109.4 Violation penalties. Amend to read in its entirety: 109.4 Violation penalties. Any person or entity 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 work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the pro visions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $1 ,000.00 dollars or by imprisonment not exceeding 90 days , or both such fine and imprisonment; provided , however, that no person under the age of eighteen (18) years shall be subjected to imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. The denial , suspension , revocation , or restriction of any permit or other privilege conferred by this code shall not be regarded as a penalty for purposes of this chapter. Section 111 .1 Order. Amend to read in it s entirety: 111.1 Order. Whenever the building code official or fire code official finds any work regulated by this Code being performed in a manner contrary to the pro v isions of this code or in a dangerous or unsafe manner, the building code official or fire code official , with the concun·ence of the other code official , i s authorized to issue a stop work order. Section 111 .4 Failur e to comply . Amend to read in its entirety: 111.4 Failure to comply. Upon notice from the code official , work that is being done contrary to the provisions of this code or in a dangerous or unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work , or visibly posted at the work site . The notice shall state the condition s under which the work is authori z ed to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. An y person who shall continue any work in or about the structure after having been serv ed with a stop work order, except such work that person is directed to perform to remove a v iolation or unsafe condition , shall be liable to a fine of not less than 60 dollars or not more than 1 000 dollars. 308.1.4 Op en-flam e cooking devices . Amend to read in its entirety: 308.1.4 Open-flame cooking devices. Charcoal burners and other open-flame cooking devices shall not be operated on or within l 0 feet (3048 mm) of combustible construction. Exceptions: I. One and two family dwellings . 34 2. Where buildings and decks are protected by an automatic sprinkler system. 3. LP-gas cooking devices having a LP-gas container with a water capacity not greater than 20 pounds. Section 315 General Storage. Amend by adding the following subsection: 315.3.5 Marking maximum permitted storage height. Identification of the maximum approved storage height shall be provided in areas where stacked or shelved storage of materials occurs. The maximum approved height will be based upon the presence and design of the fire sprinkler system. Maximum storage height identification shall consist of a minimum of a four (4) inch (101.6 mm) stripe on a contrasting background shall be placed at twelve (12) feet (3657 .6 mm) above the finished floor and clearly labeled with the designation: "No Storage Above This Line. " Section 503.2.1 Dimensions. Amend to read its entirety: 503.2.1 Dimensions-Public and Private Streets. Public and private streets that are used for fire apparatus access shall have an unobstructed width that meets the dimensions and parking restrictions as set forth by the Street Standards adopted by the City of Wheat Ridge; and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches (4115 mm). Section 503 .2.1 Dimensions. Amend by adding the following subsection: 503.2.1.1 Dimensions-Private Drives . Fire apparatus access that is designated as a private drive shall have an unobstructed width of not less than twenty-six (26) feet (7924.8 mm) and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches (4115 mm). Section 507.5.1 Where required (water supply). Amend to read in its entirety: 507.5.1 Where Required. Where a portion of a facility or building hereafter constructed or moved into or within the jurisdiction is more than 300 feet (90m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building. Onsite fire hydrants and mains shall be provided were required by the fire code official. Exception: 1. For buildings equipped throughout with an approved automatic sprinkler system in accordance with section 903.3 .1.1 or 903.3 .1.2 the maximum distance requirement shall be 500 feet (150 meters). 35 Section 507.5.1.1 Hydrant for standpipe systems. Amend to read in its entirety: 507.5.1.1 Hydrant for sprinkler and standpipe systems. Buildings equipped with a sprinkler and /or standpipe system installed in accordance with section 903 or 904 shall have a fire hydrant within 150 feet (45 meters) of the fire department connection. Exception: The distance shall be permitted to exceed 150 feet (45 meters) where approved by the fire code official. Section 507.5.1. Where required (water supply) Amend by adding the following subsection: 507.5.1.2 Location and spacing of hydrants. Fire hydrants shall be provided along required apparatus access roads and adjacent public streets with spacing between hydrants no greater than 300 feet. Fire hydrant spacing for complexes or subdivisions shall not exceed 300 feet. Section 903 .1 General. Amend by adding the following subsection: 903.1.2 Location of sprinkler control valves. When automatic sprinkler systems are required within a building and the system serves more than one tenant space, the main control valves shall be located within an approved room that is accessible directly from the building exterior. The door to said room shall be not less than three (3) feet (914 mm) in width by six (6) feet eight (8) inches (203.2 mm) in height. The door to said room shall be identified as required in section 509.1. Section 903.4.2 Alarms. Amend by adding the following subsection: 903.4.2.1 Audible and visual signals. Audible and visual fire alarm notification devices shall be connected to every automatic sprinkler system. Such audible and visual devices shall be activated throughout the building upon water flow . 904 .11 .6.2 Extinguishing sy stem servic e. Amend to read in its entirety: 904.11.6.2 Extinguishing system service. Automatic fire-extinguishing systems shall be serviced at least every six months and after activation of the system . Inspection shall be by qualified individuals who shall forward a certificate of inspection to the fire code official as soon as reasonably practical upon completion. Pre-engineered systems that are not compliant with the UL 300 must be clearly noted on the certificate of inspection and must state if the system is serviceable and appropriate for its application per the existing system manufacturers listing and maintenance requirements. 36 Section 904 Alternative Automatic Fire-Extinguishing Systems. Amend by adding the following subsection: 904.12 Residential cooking equipment. Installation of an approved residential fire extinguishing system shall be installed to protect the equipment when residential cooking equipment is installed within Group A , B, E, F, I, M, S, and R-4 occupancies. 912.3.1 Locking fire department connection caps. Amend to read in its entirety: 912.3.1 Locking fire department connection caps. Approved locking fire department connection caps shall be installed on fire department connections on all new water-based fire protection systems. Installation of approved locking fire department connection caps shall be required on existing water-based fire protection systems where there is a history of missing caps or interior obstructions of the fire department connection. Section 1030.3 Obstructions. Amend by adding the following subsection: 1030.3.1 Exterior signage. Exit doors that could be obstructed or blocked from the outside shall be posted with a pennanent sign on the exterior side of the door stating "EXIT DOOR -DO NOT BLOCK." The sign shall consist of letters having a principal stroke of not less than three-fourths (3 /4) inch (19 mm) wide and at least six (6) inches (152 mm) high on a contrasting background. 1101.1 Scope. Amend to read in its entirety: 1101.1 Scope. The provisions of this chapter shall apply to existing buildings constructed prior to the adoption of this code that in the opinion of the fire code official, constitute a distinct hazard to life or property. 5704.2.9.6.1 Locations where above-ground tanks are prohibited. Amend to read in its entirety: 5704.2.9.6.1 Locations where above-ground tanks are prohibited. The storage of Class I and II liquids in above-ground tanks shall conform to the geographic limits established by Chapter 26 ofthe Wheat Ridge Municipal Code of Laws. 5706.2.4.4 Locations where above-ground tanks are prohibited. Amend to read in its entirety: 5706.2.4.4 Locations where above-ground tanks are prohibited. The storage of Class I and II liquids in above-ground tanks shall conform to the geographic limits established by Chapter 26 of the Wheat Ridge Municipal Code of Laws. 5806.2 Limitations. Amend to read in its entirety: 37 5806.2 Limitations. Storage of flammable cryogenic fluids in stationary containers outside of buildings shall conform to the geographic limits established by Chapter 26 ofthe Wheat Ridge Municipal Code of Laws. 6104.2 Maximum capacity within established limits. Amended to read in its entirety: 6104.2 Maximum capacity within established limits. Within the limits established by law restricting the storage of liquefied petroleum gas for the protection of heavily populated or congested areas, the aggregate capacity of any one installation shall not exceed a water capacity of 2,000 gallons within the City of Wheat Ridge. Chapter 80 Referenced standards. Amend by adding a subsection titled insurance Service Office and listing the following standard: INSURANCE SERVICE OFFICE Insurance Service Office 545 Washington Boulevard Jersey City, NJ 07310-1686 insurance Service Office Guide.for Determining Fire Flow, Fire Suppression Rating Schedule Ma y 2008. Appendix B Section BJ05.1. Amend to read in its entirety:: 8105.1 One-and two-family dwellings. The minimum fire-flow and flow duration requirements for one-and two-family dwelling having a fire-flow calculation area that does not exceed 3 ,600 square-feet (344.5 square-meters) shall be 1,500 gallons per minute (5678 Lim in) for 1 hour. Fire-flow and flow duration requirements for one-and two-family dwelling having a fire-flow calculation area in excess of 3 ,600 square-feet (344.5 square-meters) shall not be less than that specified in Table B 1 05.1. Exception: A reduction in required fire-flow of 50 percent, as approved by the fire code official, is allowed when the building is equipped with an approved automatic fire sprinkler system. Appendix B Section B/05.2. Amend to read in its entirety: 8105.2 Buildings other than one-and two-family dwellings. The minimum fire-flow and flow duration requirements for buildings other than one-and two- family dwellings shall as specified in Table B I 05.1. Exception: A reduction in required fire-flow of 50 percent, as approved, is allowed when the building is equipped with an approved automatic fire sprinkler 38 system installed in accordance with Section 903.3 .1.1 or 903.3 .1.2. The resulting fire-flow shall not be less than 1,500 gallons per minute (5678 L/min) for the prescribed duration as specified in Table B1 05.1. Appendix D Section D102.1Access and loading. Amend to read in its entirety: 0102.1 Access and loading. Facilities , buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 85 ,000 pounds (38636 kg). Appendix D Section DJ03.5 Fire apparatus access road gates . Amend to read in its entirety: D103.5 Fire apparatus access road gates. Gates securing fire apparatus access roads shall comply with all of the following criteria: 1. The minimum gate width shall be 16 feet ( 4877 mm) or as wide as necessary to facilitate the required turning radius. 2. Gates shall have an approved means of automatic operation upon approach of emergency equipment. 3. Gates shall be of the swinging, sliding, or specifically approved lift type. 4. Construction of gate shall be of materials that allow manual operation by one person. 5. Gate components shall be maintained in an operative condition at all times and replaced or repaired when defective. 6. Electric gates shall be equipped with a Knox electronic override switch for all inbound directions of travel and any outbound direction of travel where automatic opening of the gate when a vehicle is present does not occur. 7. Manual opening gates shall not be locked with a padlock, or chain and padlock , unless they are provided with a Knox padlock in series with the padlock, or chain and padlock. 8. Locking device specifications shall be submitted for approval by the fire code official. 9. Electric gate operators, where pro vided , shall be listed in accordance with UL 325. 39 I 0. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F2200. II. Electronically operated gates must stay open a minimum of 30 seconds when the Knox electronic override switch is turned on/off and must remain in the open position when the switch is turned on and left on. 12. A Knox fire department decal shall be placed adjacent to the Knox electronic override switch unless other approved fire department marking is provided. Section 10. Section 5-87 of the Code IS repealed 111 its entirety and reenacted to read as follows: (c) Adoption . The International Fuel Gas Code, 2012 Edition, is hereby adopted by reference and incorporated into this article as though fully set forth herein as the fuel gas code of the City of Wheat Ridge. One copy of said International Fuel Gas Code shall be filed in the office of the city clerk and may be inspected during regular business hours. Except as otherwise provided hereafter, such code is adopted in full, including the outline of contents and index contained herein. (d) Amendments. The International Fuel Gas Code adopted by this section is amended as follows. Section numbers referred to herein refer to and correspond with the section numbers of the 2012 International Fuel Gas Code. 101.1 Title. Amend to read in its entirety: 101.1 Title . These regulations shall be known as the Fuel Gas Code of the City of Wheat Ridge , hereinafter refetTed to as "this code." 106.5.3 Expiration. Amend to read in its entirety: 106.5.3 Expiration. Every pennit issued by the code official under the provisions of thi s code shall expire one year (365 days) after the date of issuance. The building official is authorized to grant, in writing, one or more extensions of time, for periods of not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. 106.6.2 Fee schedule. Amend to read in its entirety: 106.6.2 Fee Schedule. The fees for work done pursuant to this code shall be as set forth in Table 1-A. 106.6.3 Refunds. Amend to read in its entirety: 40 106.6.3 Refunds. The code official shall authorize the refunding of fees as follows: 1. The full amount any fee paid hereunder that was erroneously paid or collected. 2. Not more than 100 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. 3. Not more than 80 percent of the plan review fee paid when an application for a permit for whjch a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended. 4. Not more than 50 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled after irutiation of any plan review effort. Note: The code official shall not authorize the refunding of any fee paid except upon written application filed by the original pennittee not later than 180 days after the date of fee payment. 108.4 Violation penalties. Amend to read in its entirety: 108.4 Violation penalties. Any person or entity 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 work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions ofthls code, shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000.00 dollars or by imprisonment not exceeding 90 days, or both such fine and imprisonment; provided, however, that no person under the age of eighteen (18) years shall be subjected to imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 108.5 Stop work orders. Amend to read in its entirety: 108.5 Stop work orders. Upon notice from the code official that work is being done contrary to the provisions of this code or in a dangerous or unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work, or visibly posted at the work site. The notice shall state the conditions under which the work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work that person is directed to perform 41 to remove a violation or unsafe condition, shall be liable to a fine of not less than 60 dollars or not more than 1 000 dollars. 109 Means of Appeal. Amend to read in its entirety: 109 Means of Appeal. Appeals of decisions and determinations made by the Building Official shall comply with the process and procedures set forth in City of Wheat Ridge Municipal Code Sections 2-59 and 5-25. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of the code do not fully apply, or an equally good or better form of construction is proposed. 406.4 Test pressure measurement. Amend to read in its entirety: 406.4 Test pressure measurement. Test pressure shall be measured with a manometer or with a pressure-measuring device designed and calibrated to read, record, or indicate a pressure loss caused by leakage during the pressure test period. Mechanical gauges used to measure test pressure shall have a maximum pressure range of 150 psig, except for one and two-family dwellings, which shall have a maximum range of30 psig and shall display measurements in I psig increments. 406.4.1 Test Pressure. Amend to read in its entirety: 406.4.1 Test Pressure. The test pressure to be used shall be no less than 1-1 /2 times the working proposed maximum working pressure, but not less than 20psig, irrespective of design. Where the test pressure exceeds 125 psig, 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. 406.4.2 Test duration. Amend to read in its entirety: 406.4.2 Test duration. Test duration shall be not less than one-half hour for each 500 cubic feet of pipe volume or fraction thereof, except for one and two-family dwellings, which sha ll a test duration of not less than 15 minutes. The maximum test duration shall not be required to exceed 24 hours. Appendices. The following appendices are adopted in their entirety without amendment: Appendix A (IFGS): Sizing and Capacities of Gas Piping Appendix B (IFGS): Sizing ofVenting Systems Serving Appliances Equipped with Draft Hoods, Category 1 Appliances, and Appliances Listed for Use with Type B Vents 42 Appendix C (IFGS): Terminals of M echanical Draft and Direct-Vent Venting Systems Appendix D (IFGS): Recommended Procedure for Safety Inspection of an Ex isting Appliance Installation Section 11. Section 5-88 of the Code is repealed in its entirety and reenacted to read as follows: (a) A dop te d. The NFPA 99 Standards for Health Care Facilities 2015 Edition , Copyright by the National Fire Protection Association , Batterymarch Park , Quincy, Massachusetts , 02269 is hereby adopted by reference thereto and incorporated into this article as though fully set out herein as the health care facilities code for the city. Except as otherwise provided in this article, such code is adopted in full , including the index and annex contained therein. One (1) copy of said Standards for Health Care Facilities 2015 Edition shall be filed in the office of the clerk and may be inspected during regular business hours. (b) A mendme nts. None Section 12. Table 1-A concerning building permit fees and other related fees , attached hereto as Attachment 1, is hereby adopted ; provided , however, the C ity C ouncil may amend the same from time to time by motion or resolution. Section 13. Severabilitv. Conflicting Ordinances Repealed. If any section , subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid , the validity of the remaining sections , subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in confl i ct with the provisions of this Ordinance are hereby repealed . Section 14. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5 .11 of the Charter. INTRODUCED , READ , AND ADOPTED on first reading by a vote of to _on this __ day of , 2014 , ordered published in full in a newspaper of general circulation in the City of Wheat Ridge , and Public Hearing and consideration on final passage set for , 2014 at 7 :00 p.m., in the Council Chambers , 7500 West 291h Avenue, Wheat Ridge , Colorado. READ , ADOPTED AND ORDERED PU BLISHED on second and final reading by a vote of _ to _, this __ day of , 2014 . 43 SIGNED by the Mayor on this __ day of _____ , 2014 . ATTEST: Janelle Shaver, City Clerk First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Joyce Jay, Mayor Approved as to Fonn Gerald E. Dahl , City Attorney 44 Attachment 1 2012 Table 1-A-Building Permit Fees Total Valuation Fee $1.00 to $500 .00 $26 .50 $501.00 -$2,000 .00 $26 .50 for the first $500 .00 plus $3.40 for each additional $100.00, or fraction thereof, to and including $2,000 .00. $2,001 -$25,000 .00 $77.50 for the first $2,000 plus $15 .85 for each additional $1,000.00, or fraction thereof, to and including $25,000.00 . $25,001 .00-$50,000 .00 $442.05 for the first $25 ,000 .00 plus $11 .50 for each additional $1,000 .00, or fraction thereof, to and including $50,000 .00. $50,001.00-$100,000.00 $729 .55 for the first $50,000 plus $8 .05 for each additional $1,000 .00, or fractions thereof, to and including $100,000 .00 . $100,001.00-$500,000.00 $1132 .05 for the first $100,000 .00 plus $6.45 for each additional $1 ,000.00, or fraction thereof , to and including $500,000 .00. $500,001.00 -$1,000 ,000 .00 $3712.05 for the first $500 ,000.00 plus $5.50 for each additional $1 ,000 .00 , or fractional thereof, to and including $1 ,000,000 .00 . $1,000,001.00 and up $6462.05 for the first $1,000,000.00 plus $4 .10 for each additional $1 ,000 .00 , or fraction thereof. Other Inspections and Fees: 1. Inspections outside of normal business hours (two hour minimum) $60 .00 per hour (1) 2. Re-inspection fees $60 .00 per hour (1) 3. Inspections for which no fee is specifically indicated (one hour minimum) $60.00 per hour (1) 4 . Additional plan review required by changes , additions or revisions to plans $60.00 per hour (1) .. (two hour minimum) 5. For use of outside consultants for plan checking and inspections, or both Actual costs (2) 6. A fee equal to the permit fee shall be applied to all permits for work initiated prior to issuance of the required permit (1) Or the total hourly costs to the jurisdiction, whichever is the greatest. This cost shall include supervision , overhead, equipment, hourly wages and fringe benefits of the employee(s) involved . (2) Actual costs including administrative and overhead costs. Fees for specific projects shall be as listed below, plus use taxes based on project valuation: Residential Furnace/Boiler Replacement $40.00 Residential Water heater replacement $40.00 Backjlow device for Residential/awn irrigation $40.00 Residential Evaporative Coolers $40.00 45 Residential Window Replacement Demolition Permit Residential Hot Tubs and Above-Ground Pools Residential Air-Conditioning New Residential Furnace/Boiler installation (noll-replacement) $50.00 $50.00 $60.00 $60.00 $100.00 *Prices are exclusive of applicable use taxes based on valuation 46 ~"~~ ... ~ ., City of • .. ~WheatRi_dge ~PUBLIC WORKS f+em I lr. TO: FROM: Scott Brink, Director of Public Works DATE: July 29 , 2014 (for August 4 , 2014 Study Session) SUBJECT: 38th A venue Streetscape Access and Temporary Construction Easements ISSUE: On July 14th , City Council held a public hearing and designated street widths for the 38th Avenue Corridor project and directed staff to prepare an ordinance to submit the street width question to the voters. If the ballot question regarding the street width designation passes on November 4 , 2014 , construction of the project would need to begin within one-year of the street width public hearing (by or before July 14 , 2015), per City Charter. As a result , a tight and aggressive schedule will need to be set in order to meet the timeline, and the survey and design work will need to commence as soon as possible. Staff was authorized to move forward with development of a Request for Qualifications (RFQ) and solicitation of qualified consultants for these services. A contract would be awarded in November, contingent on the outcome of the November 4th election. In addition to completing the final survey, design and construction drawings , there is a considerable amount of work to complete and details to resolve before construction can commence. These include the identification and coordination of underground utilities and the acquisition of easements and agreements from private property owners that will be affected by the construction. The purpose of this memorandum is to provide an update to Council regarding the work effort that will be required to acquire access and temporary construction easements. It is expected that in the course of discussions and negotiations with individual property owners , a significant amount of time and effort will be needed on some properties. BACKGROUND: The accepted concept plan for the 38th A venue streetscape project consolidates numerous curb cuts (driveways). In some cases this involves multiple driveways on single parcels. In other cases , this involves consolidating the driveways of two or more parcels , creating shared access points. Consolidating driveways to reduce the number of curb cuts was a fundamental concept of the 38 1h A venue Corridor Plan . It achieves two core goals: 1) reduction in the number of conflict points among pedestrians , bicyclists and motorists ; and 2) allows more flexibility to create the attractive continuity of streetscape amenities (landscaping, street furniture , pedestrian lighting, etc.). Study Session Memo-38 111 Avenue Streetscape August 4, 2014 Page2 Recommendation 4.2-3 in the Implementation Strategy, under the Guiding Principle of "Mob ility" states, in part: "Pursue opportunities for the reduction and consolidation of curb cuts in Main Street and corridor wide. Consolidating curb cuts along 3811 Avenue is essential for creating continuous sidewalks and amenity zones. It also greatly impacts the ability to add on- street parking to Main Street. In some cases, curb cuts are extremely wide, sometimes as wide as entire property .frontage and can be narrowed to a typical 22 to 24-foot width. In other cases, there are opportunities for businesses to utilize shared access points as well as curb cuts on side streets. Retaining viable vehicular access to each business on th e corridor is crucial. As the road diet is implemented, cooperation with business owners on this issue will be essential. " One impact of consolidating driveways is the need to redesign some private property improvements, notably parking lots. The concept plans that have been completed have included these necessary private property improvements in an effort to maintain efficient and convenient access to these important private parking lots. Staffhas also included the costs of these improvements as part of the overall project costs. RECOMMENDATIONS AND NEXT STEPS: A critical next step in the design process is to begin the survey work to obtain the temporary construction easements to allow the work to be done on private property. There are 26 locations where temporary construction easements (TCEs) will be needed for these improvements to be constructed on private property. In locations where there will be shared access among two or more parcels, staff will need to prepare shared access easements that would then be executed and recorded between those private property owners. There are 13 shared access easements. Based on the volume of these easements and the necessity of creating legal descriptions associated with them, staff will be securing an on-call consultant to assist with this part of the project. It is critical to the overall project schedule that this work begins in the next several weeks, as it will take several months to achieve, and the easements need to be in place at the beginning of the next phase of the design process. Staff will also begin to schedule meetings with property owners within the next several weeks as a first step in the process of obtaining both the TCEs and the shared access easements. Prior to initiating those meetings, staff wanted to make City Council aware of this next phase in the streetscape implementation process. REPORT PREPARED/REVIEWED BY: Scott Brink, Director of Public Works Mark Westberg, Project Engineer Steve Nguyen, Engineering Manager Ken Johnstone, Community Development Director Patrick Goff, City Manager ~~·., -~ ., City of • .. ~Wheat&_dge ~OFFICE OF THE CllY MANAGER TO: FROM: DATE: Memorandum Mayor and City Council ~ ~ Patrick Goff, City Manager W July31 ,2014 SUBJECT: Community Outreach Initiative Update A consensus was reached by City Council at the March 2014 Annual Retreat to direct staff to investigate the potential for a sales and use tax increase on the November 2014 ballot. The City entered into an agreement with Sewald Hanfling Public Affairs in April 2014 to assist the City with a community outreach initiative to determine the level of support from the community for such an increase. To date , the following action items have been completed: 1. Individual interviews with the Mayor and City Council -May 22 11d and 23rd 2. Tour of the City and City facilities -June 5th 3 . Phone poll of603 likely Wheat Ridge voters -June 17-19 4. Phone poll results presented to the Mayor and City Council -June 25th 5. Community Meetings a. July 16th , 11 :30 a.m. to 1 :00 p.m .-Wheat Ridge Recreation Center b. July 16t h, 6:00 to 7:30p.m.-Colorado Plus c. July 19th , 10:30 a.m. to 12:00 p.m.-Hayward Park d. July 23 rd, 6:00 to 7:30p.m.-Active Adult Center e. July 24 111 , 10:00 to 11 :30 a.m.-Anderson Park Phone Poll Results A summary of results from the phone poll include the following: • 61% think things in Wheat Ridge are heading in the right direction • 56% have a favorable opinion of the Wheat Ridge City Council • Parks and recreation opportunities and public safety are highly rated • Traffic flow , congestion , road and street maintenance are the lowest rated • 63% favor the revitalization of 38 1h Avenue into a main street business district • 57% support a half-percent sales tax increase for public works and parks improvements and maintenance • 58% support a one-percent sales tax increase for public works and parks improvement and maintenance and bike and pedestrian improvements • The primary reason voters would vote for a tax increase is because it "Improves and updates , better city" • The primary reason voters would vote against a tax increase is because they "Don't like taxes " • 74% of voters feel they pay "about the right amount" of taxes • Priorities for voters o 151 -Road, Bridge & Storm Drainage Projects o 2"d -Imr,rovements to Anderson Park o 3'"<1-38 11 Avenue and Recreation Center Additions • 62% feel the following statement is a good reason to support a tax increase: "Wheat Ridge continues to be a great place to live and raise a family. But, as other towns in the area have invested in improvements, Wheat Ridge has lost a competitive edge. Now is the time for Wheat Ridge to invest in projects that attract businesses, improve the quality of life and keep our roads safe. " Community Meetings Input Attached are verbatim comments received from those community residents who participated in the community meetings. The comments have been divided into the following three main categories: 1. Streets , Sidewalks, Bike Lanes and Drainage 2. Economic Development Redevelopment 3. Parks and Recreation Maintenance and improvements to the City 's critical infrastructure (streets, sidewalks , drainage, trails, bike lanes) was the most common theme that came out of the community meetings as priorities for a potential sales tax increase. The second most common theme was economic development and redevelopment of the City's business/commercial sector. An informal "raise of the hands" poll was conducted at most of the community meetings. A majority of the participants said they would support a 1% sales tax increase if the revenues were designated for public works /parks and recreation improvements and maintenance projects. Ballot Question To submit a ballot question to the voters at the November 4, 2014 election , the City must have the finalized ballot language to the Jefferson County Clerk and Recorder by September 5111 • To meet this deadline , an ordinance would be scheduled for first reading on August 11th with second reading and public hearing scheduled for August 25 111 • Based on the feedback the City has received from the phone poll, community meetings and Sewald Hanfling, the following are the recommended ballot language options for a 1% sales and use tax increase if City Council chooses to submit a question to the voters: • Option #1 would generate approximately $4.16 million in new revenue annually for critical infrastructure projects and $2.24 million in new revenue annually for parks and recreation projects on a "pay as you go" basis. • Options #2 would allow the City to bond off the new $6.4 million of revenue to generate, just as an example, $30 million in upfront monies to complete designated critical infrastructure and parks and recreation projects over a shorter period of time. Bonding would add a significant amount of interest to the costs of the projects but would allow the City to complete the projects sooner rather than later. Option #1 SHALL THE CITY OF WHEAT RIDGE TAXES BE INCREASED BY UP TO $6.4 MILLION ANNUALLY IN THE FIRST FULL FISCAL YEAR, AND BY WHATEVER ADDITIONAL AMOUNTS ARE RAISED ANNUALLY THEREAFTER, BY INCREASING THE RATE OF SALES AND USE TAX LEVIED BY THE CITY BY ONE PERCENT (1.0%), WITH THE PROCEEDS OF TAXES TO BE USED FOR: • SIXTY-FIVE PERCENT (65%) FOR CRITICAL FACILITY AND INFRASTRUCTURE PROJECTS TO ALLOW WHEAT RIDGE TO OPERATE, MAINTAIN AND IMPROVE ROADS, BRIDGES AND STORM WATER DRAINAGE SYSTEMS • THIRTY-FIVE PERCENT (35%) FOR THE CONSTRUCTION, INSTALLATION, OPERATION AND MAINTENANCE OF PARKS AND RECREATION IMPROVEMENTS INCLUDING REVITALIZATION OF ANDERSON PARK TO IMPROVE ITS OVERALL EFFECTIVENESS AND EFFICIENCY AS A MULTI-GENERATIONAL FAMILY ACTIVITY PARK INCLUDING IMPROVEMENTS TO THE OUTDOOR POOL AND FACILITIES AND THE ANDERSON RECREATION BUILDING SUCH INCREASE IN THE SALES AND USE TAX RATE TO BEGIN ON JANUARY 1, 2015; AND SHALL THE REVENUES RAISED BY SUCH SALES AND USE TAX RATE INCREASE BE COLLECTED AND SPENT BY THE CITY AS A VOTER-APPROVED REVENUE CHANGE PURSUANT TO ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION? Options #2: SHALL THE CITY OF WHEAT RIDGE DEBT BE INCREASED BY UP TO $30 MILLION, WITH A MAXIMUM REPAYMENT COST NOT TO EXCEED $53 MILLION, AND SHALL CITY TAXES BE INCREASED BY UP TO $6.4 MILLION ANNUALLY IN THE FIRST FULL FISCAL YEAR, AND BY WHATEVER ADDITIONAL AMOUNTS ARE RAISED ANNUALLY THEREAFTER, BY INCREASING THE RATE OF SALES AND USE TAX LEVIED BY THE CITY BY ONE PERCENT (1.0%), WITH THE PROCEEDS OF SUCH DEBT AND SUCH TAXES TO BE USED FOR: • CRITICAL INFRASTRUCTURE PROJECTS TO ALLOW WHEAT RIDGE TO MAINTAIN AND IMPROVE ROADS, BRIDGES AND STORM WATER DRAINAGE SYSTEMS • IMPROVEMENTS TO ANDERSON PARK TO IMPROVE ITS OVERALL EFFECTIVENESS AND EFFICIENCY AS A MULTI-GENERATIONAL FAMILY ACTIVITY PARK INCLUDING IMPROVEMENTS TO THE OUTDOOR POOL AND FACILITIES AND THE ANDERSON RECREATION BUILDING SUCH INCREASE IN THE SALES AND USE TAX RATE TO BEGIN ON JANUARY 1, 2015; SUCH DEBT TO BE SOLD IN ONE OR MORE SERIES AT A PRICE ABOVE, BELOW OR EQUAL TO THE PRINCIPAL AMOUNT OF SUCH DEBT AND ON SUCH TERMS AND CONDITIONS AS THE CITY MAY DETERMINE, INCLUDING PROVISIONS FOR REDEMPTION OR REFUNDING OF THE DEBT PRIOR TO MATURITY WITH OR WITHOUT PAYMENT OF PREMIUM OF NOT TO EXCEED 3.0%, AND SHALL THE CITY BE AUTHORIZED TO ISSUE DEBT TO REFUND THE DEBT AUTHORIZED IF AFTER THE ISSUANCE OF SUCH REFUNDING DEBT THE TOTAL OUTSTANDING PRINCIPAL AMOUNT OF ALL DEBT ISSUED PURSUANT TO THIS QUESTION DOES NOT EXCEED THE MAXIMUM PRINCIPAL AMOUNT AUTHORIZED AND IF ALL DEBT ISSUED PURSUANT TO THIS QUESTION IS ISSUED ON TERMS THAT DO NOT EXCEED THE REPAYMENT COSTS AUTHORIZED IN THIS QUESTION; AND SHALL THE REVENUES RAISED BY SUCH SALES AND USE TAX RATE INCREASE AND PROCEEDS OF SUCH DEBT, ANY OTHER REVENUE USED TO PAY SUCH DEBT, AND INVESTMENT INCOME THEREON, BE COLLECTED AND SPENT BY THE CITY AS A VOTER-APPROVED REVENUE CHANGE PURSUANT TO ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION? ATTACHMENT: I. Community Meetings Input Community Meetings Input July 2014 1. Streets. Sidewalks. Bike Lanes and Drainaee • "Sidewalk and drainage between Kipling and Youngfield." • "Maintenace OK needed, but need to know current budget levels. If project increases the budget, need to know exactly where it goes." • "Deferred maintenance." • "New sidewalks and storm drainage where it doesn't currently exist in old neighborhoods." • "Maintenance of roads and streets" • "Storm drainage" • "Sidewalks along 38th west of Kipling" • "Bike and walk paths" • "Sidewalks along Kipling connecting neighborhoods to Crown Hill" • "Can't ignore drainage issues." • "WR shouldn't market-should spend on infrastructure." • "Improvements to street lights." • "Drainage needed-clear creek and Youngsfield." • "How much will be dedicated to future maintenance." • "Define what "infrastructure" is." • "Carr Street ditch." • "Stop building parks so we can maintain streets!" • "38th is a mess! The city needs to address storm run-off into irrigation ditches." • "3 lanes, llQt 4, on 38th. Kipling-> Youngfield." • "Designate bike lanes ." • "Need sidewalks on Kipling for kids to enjoy community." • "Young families enjoy bike lanes on 38th." • "Bike lanes" • "Infrastructure" • "Storm/Drainage/Roads" • "Focus on 38th between Youngfield and Kipling." • "38th and High Court turn signal is needed." • "Bicycle friendly streets." • "Safe cycling access from Wadsworth to Clear Creek Trail." • "I want additional budgeted, significant funds allocated to Active Transportation, to moving people." • "Center lane parking like Ft. Collins." • "Get rid of side parking." • "Storm water." • "Traffic/speed control as people take shortcuts through neighborhoods (speed bumps." • "Bike/Pedestrian trails" Attachment 1 • "Maintenance" • "Bikes OFF 32nd" • "New developments should be required to include top-notch bike and ped and public transportation infrastructure." 2. Economic Development/Redevelopment • "Be more business friendly to new business." • "Increase economic development and provide incentives to make WR look new!" • "Move forward with 38th Ave infrastructure implementation." • "Downtown on 38th Ave keep 2 lanes improve street." • "If the average income 30 years ago was $80K then why not try to draw more high income families to this area by bringing in shopping that appeals to that income-no Kmart, Dollar Store, etc. Higher quality and specialty shops. I leave WR to do shopping at these shops." • "No Walmart on 38th & Wads!©" • "Please fund 38th Ave." • "Revitalize and business improvements." • "Encourage redevelopment in WR." • "No Walmart." • "WR needs a hardware store." • "Yes on sales tax for 38th." • "Revitalize 38th, but not on road diet." • "Revitalize 38th and Wadsworth instead of 38th Ave." • "Making a walkable Main Street destination on 38th Avenue" • "Unique development, not big box." • "Keep working on walkable retail" • "Would like to see a Kohl's or something like it to where we could shop for clothes, not a walmart!" • "No Walmart." • "Development of the Ridge, not Walmart" • "Incentives for unique business, not chains" • "Ridge at 38th" • "Underground parking." • "Have lived in WR for 47 years. Love Ridge at 38th. East WR is neglected." • "Add a parking garage." • "Parking, control commercial parking in residential areas." • "Densify land use around key retail and transportation; (Thanks! People just don't understand)." 3. Parks and Recreation • "New Rec Center on east side of Wads." • "I would support more maintenance in Discovery Park-trash, smoking and pet waste are an issue. We need more signage." • "Improvements to Anderson Park." • "Anderson Park maintenance." • "Prospect Park." • "Anderson Park: split between quiet area and rec area." • "Remodel and enlarge rec center-work out area." • "We would like to see: More programs at rec centers; Continued and more senior programs" • "Finish Clear Creek trail under Kipling." • "Don't need more parks." • "Expand rec center and get more programing on peak hours." • "Dog parks/recreation" 4. Miscellaneous • "Be specific with where money will go but don't pigeonhole every cent so that one area can be left to flounder while another has plenty but can't be used." • "Connectivity, safety, friendliness = community." • "Oil change at Wads & 38th-dumping in sewer just behind shop-dirty wash and oil water." • "City needs to focus on enforcement of drug use among minors, especially at Discovery Park which is filled with families." • "I want the funds to go to: Attract young families" • "Measurable and actionable goals." • "Council's job to have vision -don't bog down in details." • "Need to know where money is going on projects." • "Designate the sales tax." • "Sales tax is fine." • "City and Council should decide where money goes." • "Need a list of projects from city." • "Recycling program-many different trash companies in WR." • "Don't narrow 38th." • "Sales tax shouldn't go to 38th." • "Use money spent on 38th elsewhere." • "Cultural center." • "Winter time area." • "Support tax increase with designation." • "City should propose budget." • "Beautification of city (like 38th and Sheridan)." • "Do beautification economically." • "Yes on 1 o/o but not on 38th." • "WR should market to young families." • "I would like to see the 1 o/o sales tax increase spent on: Public gathering area (maybe with a fountain) on the Green at 38th and High Ct." • "Consider increasing lodging tax." • "1 o/o sales tax may not be appropriate." • "Happy that WR has no debt-don't take out big loans." • "Move city hall to 38th and Wads." • "Concerned about marijuana business and community decay." • "Equitable spending on west side of 38th." • "Get out the vote drive • "Educate & encourage" ~~~~ .... ., City of .. ~WheatN_,dge ~OLICE DEPARTMENT TO: THROUGH: FROM: DATE: SUBJECT: ISSUE: Memorandum Mayor Jay and City Council r'\1 Patrick Goff, City Manager 1}._/ Daniel Brennan, Chief of Police Ken Johnstone, Community Development Director August 4 , 2014 Code Enforcement Strategies City Council identified code enforcement as an action agenda item during the 2014 City Council retreat. Council was in agreement that code enforcement is important, and that it should be strengthened and applied equally throughout the City. Staff was directed to bring this topic to City Council for further discussion. In preparing for thi s presentation , staff from the Community Development , Public Works , Parks and Recreation and Police Departments met to review current efforts by City departments that address code enforcement. Staff segmented code enforcement efforts into the following areas : • Residential Code Enforcement • Commercial Code Enforcement • Hotel/Motel and Multi-Family Code Enforcement • Rental Inspection Program • Roadway and Right of Way Maintenance Program • Stormwater The Citizen Survey conducted in 2012 shows strong support for enhancing City code enforcement efforts. To summarize the survey results , the City's quality of life ratings were below the national and Front Range benchmarks, with 50% of the respondents rating the City as "fair " or "poor" in this area. Ratings related to the physical attractiveness of the City as a whole were "much below" national and Front Range comparisons. Sixty-six percent of the respondents rated code enforcement as "important." Sixty-four percent of the respondents replied that a rental property inspection program was "essential " or "very important," and 71% of the citizen respondents answered that they would "strongly" or "somewhat" support the City implementing a multi-family housing rental inspection program (Attachment 1 ). PRIOR ACTION: Historically, the responsibilities for code enforcement were assigned to various City departments . In the 1990 's, as the City of Wheat Ridge began to deal more with the enforcement Study Session Staff Report: Code Enforcement Strategies August 4, 2014 Page2 of code ordinances by community request , it found the process to be difficult and inconsistent , often with conflicting direction being given to the staff tasked with this function. ln 2000 , City Council moved the code enforcement duties from the Community Development Department to the Police Department's Animal and Parks Enforcement Unit. The unit was renamed the Community Services Team in 2007 , to more accurately reflect the Police Department's commitment to neighborhoods and community quality of life issues . These new responsibilities were assigned without any increase in staffing. The additional code enforcement duties increased the number of calls for service by approximately 40%. Community Development maintained a property code inspector position, responsible for complaints related to fences , dumpsters , lighting and commercial parking surfaces. Parks and Recreation remained responsible for maintaining roadway and right-of-way maintenance for certain locations, and Public Works had the responsibility for code enforcement issues related to stormwater and the floodplain . In 2007 , the City adopted the Administrative Enforcement Process and related ordinances. These ordinances allowed staff to utilize an administrative process to handle and address certain code violations , rather than the use of the former due process model. As the Administrative Enforcement Process was rolled out , the Police Department worked on a program and marketing strategy to educate community members on the process. In 2008 , the Police Department introduced the Cody , th e Code Ranger program to meet this need . The purpose of this program was to put a friendly face on an unpleasant topic, code enforcement. Cody has been used on letters , brochures , and the website to send a proactive educational message to property owners , and now animal owners (Attachment 2). In an effort to respond more effectively to nuisance code issues during the summer months of 2010 , the department received funding to hire three seasonal community services officers (CSOs). These seasonal employees served as proactive force multipliers , providing assistance in identifying problem properties , assisting with proactive code enforcement in certain areas of the City, issuing warning notices , and assisting with park education and enforcement responsibilities . In 2011 , the property inspector position was moved from the Community Development Department to the Community Services Team in the Police Department. The integration of the duties of the property inspector position into the current duties of the CSO's made sense in terms of efficiency and customer service needs . All CSO's are finishing up educational requirements to become certified property maintenance housing inspectors and will re-certify every two years. In 2014 , four additional seasonal CSO positions were a~ded, increasing the scope of the nuisance code program and responding to citizen concerns related to safety in the City parks. The addition of these positions increased the responsibility for the CSO supervisor, resulting in reclassification to a lead CSO position. The department has also been challenged in providing the Community Services Team with vehicles , due to the increased staffing. The Community Services Team performs a unique combination of public safety functions , i.e. code enforcement, animal control and parks enforcement. In many neighboring jurisdictions, these functions are handled by separate and distinct units or teams. Study Session Staff Report: Code Enforcement Strategies August 4 , 2014 Page 3 FINANCIAL IMPACT: The Community Services Team is comprised of one supervisor and five CSOs. From approximately May through August/September, the staffing increases with the hiring of seasonal CSOs . The CSO supervisor reports to the Patrol Operations division chief. Funding is budgeted in the Community Services Team budget , Program 203 , and Special Fund 63, the Crime Prevention/Code Enforcement Fund. The 2014 Budget for the Community Services Team programs (Program 203 and Fund 63) is $449 ,385 , with $390 ,548 of that amount used for salaries of permanent and seasonal employees. Personnel costs account for 87% of the total budget. The Parks and Recreation Department budgets $55,000 (not included in the totals above) for a contract to maintain certain right-of- ways throughout the City. As Council provides direction to staff, additional costs can be calculated for personnel and /or programing enhancements. BACKGROUND: In the City's early history, no specific processes were in place to address nuisance code issues. Some elected officials had strong feelings about nuisance code enforcement and did not want code enforcement efforts to occur within their districts. At that time, when a complaint was received and a violation existed , the code enforcement officer would issue a warning and make an effort to work with the property owner to address the violation. There were no timeframes imposed on the code enforcement officer or the property owner in completing this process. If the violation(s) remained unresolved , a citation could be issued to the property owner. Issuing a citation generally delayed addressing the nuisance issues as the case had to be set for an arraignment , trial and disposition. Two major problems with this model were identified: First, citizens often expressed that they felt like criminals in this process. Second , the process took a very long time to complete in some cases. Once issued a summons , the wait for a Court date was six to eight weeks. Coupled with continuances and other legal proceedings , by the time a violation , such as overgrown weeds , was addressed , the weeds had continued to multiply to ridiculous levels. The citizen who had complained about a violation grew more and more frustrated by the lack of visual results to their cry for help. In 2005 , the Neighborhood Revitalization Strategy Report was adopted by City Council. The report identified the need for a commitment by City Council to address the appearance of the City, and improve code enforcement in a variety of areas , including nuisance codes, sign codes , commercial areas , neighborhoods and rental properties. Ten key strategies for repositioning Wheat Ridge were approved by City Council. In 2005 , staffbegan to investigate strategies that would speed up the process in addressing nuisance code issues. A solution emerged that would move nuisance code enforcement from a due process model, which can best be described as beyond a reasonable doubt , to an administrative model, which relied upon a preponderance of evidence. The administrative model operates more efficiently by establishing appropriate and specific timelines for a property owner to come into compliance. It establishes specific and significant penalties for first , second and third offenses , and allows for a timely hearing process before an administrative hearing officer. The process still allows for a criminal code enforcement process , if required. The process of Study Session Staff Report: Code Enforcement Strategies August 4, 2014 Page4 changing to an administrative enforcement model enabled the City to be more responsive to community concerns regarding code enforcement issues; and minimized the time and effort spent by City employees in achieving compliance from property owners. The City Code of Laws still allows an authorized City officer to seek abatement through the Municipal Court, to bring a property into compliance, when needed . Abatements are generally last resorts , or are used in situations when a nuisance causes an imminent danger to the public health, safety or welfare of the community. As staffbegan to meet on the issues related to code enforcement in the City, they were able to separate the issues associated with code enforcement into six focus areas as summarized below: Residential Nuisance Code Enforcement In the last City citizen survey, 66% of the respondents indicated that they believed code enforcement services were important, essential services. Residential code enforcement efforts are primarily focused on citizen complaints and proactive efforts by CSOs related to weeds, junk, trash , debris , vehicles parked on unimproved surfaces, and complaints related to the exterior appearance of residential units . To help understand the problems associated with residential nuisance code enforcement, the following data highlights the scope of nuisance code enforcement and charts documented activity from 2008 -2013: Nuisance Code Enforcement 2008 2009 2010 20ll ~012 2013 TOTAL Calls for Service 1,083 1,165 1,057 1,157 1,297 2,008 7,767 Warnings Issued 872 812 836 711 ~49 1,524 5,604 1st Citations/Compliancy 140 /84% 137 I 83% 144 I 83% 123 I 83% 106 /87% 173 I 89% 823 I 85% 2"d Citations/Compliancy 32 I 96% 40 I 95 % 48 /94% 54 I 93 % ~7 I 96 % 41 /97 % 252 /95 % 3'd Citations/Compliancy 51 99 .99% 14/9.98% 15 /9.98% 22 I 99.97% 19 I 98 % 16 /99% 91 I 98 % Admin Hearings 24 /3% 21 I 2.5 % 10 /1% 7 I l % 14 I 3% 20 /1% 96 /.02 % Abatements 16 /2% 24 I 3% 21 I 2 .5% 14 /2% 18 /2% 17 I l % 110 /.02 % Criminal Charges 0 0 0 0 p 0 0 Fines Assessed $45,460 $49,706 $53,840 $53,910 fb47 ,120 fb71 ,355 $267 ,551 Abatement Fees Assessed $9,522 $10,240 $21,067 $9,229 ~ 17 ,476 :bl5 ,099 $82,633 As mentioned, CSO's are responsible for not only code enforcement, but animal control and welfare and duties related to parks. Calls for service (CFS) related to each of these functions increases in the spring and summer months before decreasing somewhat in the fall and winter months. Increases in CFS often impacts the available time CSO's have to devote to proactive nuisance code enforcement efforts . Study Session Staff Report: Code Enforcement Strategies August 4, 2014 Page 5 On at least a monthly basis, the department conducts an analysis of crime, traffic and quality of life issues in the City. As problem locations are identified, problem-solving strategies are developed in an effort to address the issues . For example, the Community Services Team partnered with patrol officers, WR2020 , LiveWell Wheat Ridge and various volunteer agencies in addressing crime, traffic, quality of life and nuisance code issues as part of the East Wheat Ridge Community Policing project. This effort included meeting with and educating property owners on the observed violations , as well as providing information to them regarding available resources. Staff listened to the concerns of residents as well. This outreach approach was followed up with a neighborhood clean-up day. In the most recent cleanup event, staff asked citizens to complete a qualitative survey on the benefits of this program. Overall , citizens expressed their appreciation for the program, and expressed a desire for more cleanup efforts in this neighborhood. After the cleanup effort, CSO's conducted a drive-through of the designated area, and the owners of properties with remaining nuisance code violations were issued a warning notice that addressed the observed violations. Staff has identified the need for a more robust residential nuisance code education and enforcement program to assist in addressing similar quality oflife issues in other areas of the City. Staff feels that the successes documented in the East Wheat Ridge Community Policing Project could be replicated in other areas with increases to staff and program budgets. Current staffing does not allow for a more encompassing citywide approach. Multi-Family Housing Rental Inspection Program The 2005 Neighborhood Revitalization Strategy document identified a need to improve existing multi-family rental properties in the City. Some of the problems identified included the age of the rental stock and low quality of the property maintenance. The last citizen survey pointed out that the City was either below or much below national and Front Range benchmarks on questions related to a place to live and a place to raise children. In this survey, residents expressed strong support for a rental housing inspection program. In the 2010/2011 City Council Strategic Plan, City Council identified an apartment/multi-family rental inspection program as a high priority. Research indicated that communities implementing a systematic inspection program for multi- family rental properties provide a higher quality oflife and ensure health and safety for citizens . Increased levels of rental property maintenance can result in higher property values within a community. Staff presented information on a multi-family property maintenance program to City Council on March 5, 2012 (Attachment 3). Council gave direction to staff to bring forward a program for a multi-family property inspection/registration program , to include the adoption of the 2012 Property Maintenance Codes (IPMS); include all multi-family complexes often plus units in the program; address exterior and interior property maintenance safety concerns; require mandatory registration for all complexes with ten or more units; and develop a phased , incremental approach. On September 24 , 2012, a multi-family property inspection/registration program was presented to City Council. A consensus was reached to not move forward with the program. Staff still considers a multi-family rental inspection program to have significant value in improving the overall attractiveness of the community and improving quality oflife. Based on 2010 census data , just over 45% of all households are renters. Among renter-occupied units in Study Session StaffReport: Code Enforcement Strategies August 4 , 2014 Page 6 the City, two-thirds (67%) are in buildings comprised of nine units or less , and the remaining third (33%) are in complexes with ten units or more. Wheat Ridge historically and presently has had the lowest average rental rates in Jefferson County. Based on 2012 estimates , median gross rent in Wheat Ridge was $805 compared with $958 in Jefferson County and $946 in the Denver- Aurora-Boulder Combined Statistical Area. These low rental rates are a strong deterrent to the private sector making investments in new , high-quality rental housing . Commercial Code Enforcement The City's commercial corridors were identified as a high priority item in the 2010/2011 City Council Strategic Plan . Commercial properties present different code enforcement challenges , i.e. signs , parking, landscaping, parking lots , dumpsters and outside storage . The approach towards commercial code enforcement issues has primarily been reactive, except for efforts by CSO's along theW. 38 111 Avenue corridor prior to the Carnation Festival parade. The Community Development Department and CSOs have helpful education brochures on all of the aforementioned topics and infonnation on City requirements is provided to new property and business owners. Historically, staff has had less opportunity to be proactive in this area , oftentimes reacting to complaints . Staff feels strongly that a strategic education and enforcement approach in this area offers opportunities to make significant improvements in the City 's commercial zones. This type of a program would require personnel resources in both the Community Services Team and Community Development Department. Staff agreed that a new commercial code program could potentially incorporate additional loan and/or grant programs to give business/property owners the incentive to improve the physical appearance of their properties. Staff agreed that any changes in the City's approach to commercial code enforcement would involve a lot of outreach and education by the City with the business and development communities. Hotel /Motel Code Enforcement Nationally, lower tier motels are more likely to experience problems with crime and disorder. The majority of hotels /motels in Wheat Ridge fall into this lower tier. These locations offer relatively low rates that attract transitory long-tenn residents , rather than overnight lodgers. The corridor of 1-70 and Kipling accounts for a significant number of calls and consumes an inordinate level of police resources compared to other locations in the City. These calls include a wide variety of crime and order-maintenance calls for service. The City collects a ten percent lodging (accommodations) tax on the price of rooms or accommodations that are leased , rented or otherwise furnished by agreement and for consideration to one occupant for less than 30 days. Some of the lodging tax is used for educational efforts and inspections directed at multi-family housing and hotel/motel properties. CSO 's work with members of the building division and a fire protection district official to conduct annual health and safety compliance inspections of all hotel /motel rooms in the City. The issues associated with hotels/motels and multi-family housing units along the I-70 and Kipling corridor go beyond issues related to code enforcement. The Police Department offers Crim e Free Hotel/Mot el and Crim e Pre vention through Environm ental D esign training to both Study Session Staff Report: Code Enforcement Strategies August 4 , 2014 Page 7 hotels/motels and multi-family units , with mixed results , in an effort to gain cooperation from the owners and managers of these properties. Other crime prevention strategies have been employed to address crime and order-maintenance issues. In past annual inspections conducted by City staff and local fire marshals , significant nuisance code/safety issues were identified . Staffhas worked with the property owners and managers on bringing these properties into compliance. Staff reports that the inspection program can continue with no additional budgetary needs . Staff acknowledges that there are some additional policy and ordinance strategies that can be researched and brought back to City Council for consideration including regulating through ordinance management practices in those hotels/motels with higher calls for service; establishing and enforcing minimum hotel/motel functionality and security standards ; requiring identification from renters , adult guests and visitors ; maintaining and enforcing no rent and no trespass lists and requiring training for all managers and clerks . Police Department staff is in the process of evaluating potential responses and will update City Council on any recommendations. Roadway and Right-of-Way Maintenance Program The perception residents and visitors have of the City 's transportation corridors and rights-of- way are important in creating a sense of safety and attractiveness that can positively or negatively affect the perception of the community. The City has a contract with a private vendor for roadway and right-of-way maintenance at various locations. This contract provides for sidewalk cleaning, trash pick-up , mowing and chemical control ofweeds and tall grass in the rights-of-way. City Council adopted the scope of the area designated for right-of-way maintenance in 2005 (Attachment 4). Prior to 2003 , Public Works was responsible for this maintenance. During budget cuts in 2003 , City Council adopted a policy stating the property owner was responsible for right-of-way maintenance. The result of this policy was that maintenance was not completed on a majority of the right-of-ways along major streets , arterials and corridors. Since 2005 , the Parks and Recreation Department has been administering the contract for right- of-way maintenance, which includes the activities listed above. The scope of work has increased with the addition of specific areas and projects such as the landscaping at W . 49th Avenue and Kipling. Any changes or modifications to the current scope of work would require increased funding. Storm water Stonnwater-related compliance issues are generally regulated through state and local provisions , as well as the City Code. The Public Works Department generally monitors and enforces stormwater regulations through construction permits , and as required through state and federal regulations under provisions of the City's National Pollution Discharge Elimination System (NPDES) permit. When compliance becomes more problematic, Public Works is assisted by the Police Department. Public Safety is always the highest priority when allocating resources toward compliance and enforcement. Stormwater compliance generally falls into two areas: Illicit discharges (runoff) and Study Session Staff Report: Code Enforcement Strategies August 4, 2014 Page 8 construction runoff (both during construction and post construction). Larger public and private construction projects are permitted activities and compliance and enforcement issues are generally not as problematic. Non-permitted illicit discharges can consist of a variety of activities that may include the following: Smaller construction activities, illegal miscellaneous activities on private properties , and/or other non-confonning activities that may result in illegal runoff into the City's storm sewer system. The Public Works, Police, and Community Development (Building Division) Departments work together in dealing with these activities and issues. Illicit discharges consume the majority of staff time and resources with regards to stonnwater compliance. A third area related to stormwater compliance is activities in the floodplain and floodway (primarily of Clear Creek) that may be illegal in accordance with state and City regulations. To date, enforcement has been reactive and complaint-based. The Police and Public Works Departments continue to streamline and improve stormwater- related compliance and enforcement, including additional training, procedural reviews, and analysis of the City Code to detennine if updates are needed. In addition to compliance and enforcement, staff continually works to provide public education as resources allow. Public education has consisted of open public meetings, one-on-one discussions with property owners , use of media , the City 's website, and /or other means of providing infom1ation as opportunities arise . Public Works is not recommending any changes to their current stormwater program. RECOMMENDATION: The purpose of this staff report is to provide City Council with a broad understanding of the City's current approach to code enforcement. As you can see, code enforcement is comprised of a diverse set of regulatory ordinances related to public safety, zoning, citywide cleanliness, signs, vehicle issues and environmental matters, such as stonnwater. In Wheat Ridge, code enforcement encompasses all of these areas and is intended to ensure quality oflife in neighborhoods , parks, and commercial corridors. Code enforcement is an important strategy in maintaining public safety. Staff is in agreement that the City is doing everything it can do with its current staffing and budgets to maintain the programs and strategies that are in place today. While the City is not entirely reactive when it comes to these issues , our proactive efforts (East Wheat Ridge) have been strategic in their application. Staff is in agreement that adding additional programs, education, and enforcement efforts will need to be strategic and some will require more staffing and a budget commitment. One positive outcome of these meetings is the recommendation to develop a code enforcement strategy plan, which would encompass all City department programs related to code enforcement. Staff will begin working on this plan soon. Based on these discussion topics, staff is asking for direction from Council on the code enforcement programs they would like to add or enhance in the future . ATTACHMENT: 1. 2012 Citizens Survey/Report of Results Study Session StaffReport: Code Enforcement Strategies August 4 , 2014 Page 9 2 . Cody the Code Ranger brochure 3 . Multi-family property maintenance staff report , March 5, 2012 4. ROW Maintenance Program map 08/ck City of Wheat R i dge, CO 20:12 Cit i zen Survey I Report of Results Quality of City Se rvices When asked to rate 22 specific City services, overall, services related to recreation and police topped the list (see Tables). Wheat Ridge recreation facilities (8s%), recreation programs (82%), maintenance of existing City parks (Bo%) and maintenance of open space and trails (7]%) were thought to be excellent or good by at least three-quarters of respondents. Most respondents also gave positive ratings to police response time to emergency police calls (83% excellent or good), police response time to non-emergency calls (77%), general police services (76%) and traffic enforcement (6g%). Lower rated services included business expansion and recruitment programs, community/public art, land use, planning and zoning and code enforcement (junk vehicles, weed control, trash, outside storage), with half or Jess giving excellent or good ratings to each of these services. For many of these services, 20% or more of residents answered •don't know." Table 5 shows the responses for those with an opinion. A full set of frequencies, induding "don't know," can be found in Appendix 8: Responses to Survey Questions. Of the services that could be compared to the national and Front Range benchmarks, most were rated much above, above or similar to the nation and Front Range. Most of the highest rated services such as recreation facilities, recreation programs, maintenance of open space and trails and services/programs for seniors were rated much above or above the national benchmark and much above or similar to the Front Range benchmark. While the quality of general police services was rated highly, it was rated below the national and Front Range benchmarks. The lower rated services such as land use, planning and zoning, code enforcement and building permits generally were rated similar to the national benchmark and below the Front Range benchmarks. Most service ratings were similar between 2008 and 2012, but several saw improvements (see Table 6). Ratings for services/programs for seniors, police response time to non-emergency police calls (not code enforcement), snow removal, street repair and maintenance and land use, planning and zoning improved from 2008 to 2012. Building permits was the only service that declined in quality from 2008 to 2012. Pege15 Attachment 1 u £ C i ~y of Wheat R i dge, CO 2012 C i tizen Survey I Report of Res ul ts Tables: Quality of City Services Following are services provided by the City of Wheat Ridge. For National Front Range each service, please first rate Excellent Good Fair Poor Total the quality of each service and comparison comparison next rate the importance. Recreatron facilities 32% 53% 12% 3% 100% Much above Much above Police response time to emergency police calls (not code 29% 54% 13% 4% 100% Not available Not available enforcement) ____________ ------r-- Recreatron programs 26% ss% 16% 2% 100% Much above Simrlar Maintenance of existing city 21% 6o% 18% 2% 100% Similar Below earks ----------· ·-Marntenance of open space and 21.% s6% 20% 3% 100% Much above Not ava ilable tra rls Serv i ces~rograms for seniors 22% _55% 19% 4% 100% Much above Much above Pollee response t i me to non-emergency poll ee calls (not 24% 53% 1]% 6% 100% Not ava il able Not avarlable code enforcement) General police serv ices --------. 19% s8% 18% s% 100% Below Below Anrmal control lit_% 57% 21% 8% 100% Much above Much above Traffic enforcement u% s8% 26% s% 100% Sim ilar Sim ilar -- Snow removal 15% 52% 23% 10% 100% Above Much above Municipal court 12% ss% 26% 7% 100% Sim il ar Simi lar - Crr me prevention 14% 53% 26% "]% 100% Srm il ar Srmrlar Serv ices/programs f £!" y outh 12% 52% 29% ]% 100% Above Similar Street cleaning 9% 52% 29% g% l.OO% Srmilar Be low Building inspections 1.2% 47% 30% l.l.% l.OO% Above Similar Street reJ>arr and ma i nt!!nance 6% so% 34% 10% 100% Much above Above Building permits 8% 44% 32% 16% 100% Sim ilar Much below Code enforcement uunk veh i cles, I weed control, trash, outside 8% 42% 30% 20% 100% Srmilar Below storage) -·-- Land u~r.~ming _~nd _z_2 ning ]% --39% 34% 20% 100% Similar Below Commun ity/public art s% 36% 42% 1]% 100% Much below Not available _, Bus iness expans ion and 4% 32% 32% 32% 100% Not available Not available recruitment programs Page 16 r c ., u .c. u :;; o; Ill tJ 0! £ . ..., City of W h eat R i dge-! CO 2012 C iti zen Survey I Report of Results Table 6: Quality of City Services Compared by Year Following are services provided by the City of Wheat Ridge. For each service, please first rate the quality of each service and next rate the importance of 2012 2008 2oo6 2004 each service. Recreation facilities 8s~ 8s% 87% 85% -----Police response time to emergent~ ~o l ice calls (not code enforcement) 83% 79% 79% 79% Re~reation programs 8296 81% 81% 81% Maintenance of existing ci~ ~arks So% 7J% 79% 76% Mamtenance of o~n s~ace and trails ]"/% 75% So% ]lttn ServiceS/programs for seniors 7J% 72% 74% 75% Pohce reseonse time-to non-emergen9:: eolice calls (not code enforcement) 77% 6g% 64% 71% General eolice services ]6% 73% 72% _1§_% 1--· Animal control ]196 NA NA NA Traffic enforcement 69% 6g% 6g% 66% Snow removal 61'6 s8% 6g% 64% Municipal court 6]96 66% 68% 66% . Cnme prevention 6]% NA NA NA ServiceS/programs for ~outh 64% 6s% 54% 64% Street cleaning 62% s8% 63% 62% Building ins,eections 59% 57% 52% ~% -Street re~ir and maintenance 56% 51.% sa% 55% Buildin.9_P-e_!!!!!!!__ ________ _51% .56% 54% s6% Code enforcement ~unk veh icles, weed control1 trash outside storage) 49% ~-42% 42% Land use planning ~nd zoning 46% 41.% NA NA Community/public art 41% 45% 43% -w;- Business expansion and recru itment pro_grams l6% 33% 39% 30% Percen t repatmg "excellent• or "good " Page 17 City of Wheat Ridge, CO 2012 C i t i zen Survey I Report of Results ----- Importance of City Services Asked to rate the importance of these same services, most residents (between 53% and 97%, depending on the service) rated each of the services as very important or essential. Only community/public art was rated as very important or essential by fewer than half the residents (44%). As is found in most communities, residents rated police and crime prevention services as the most important. These were followed by services that are commonly deemed more important by residents in any jurisdiction: street repair and maintenance, snow removal and maintenance of existing City parks. More residents were comfortable reporting their perception of the importance of these services than rating the quality . There were only two items (building permits and inspections) for which more than 20% of respondents answered "don't know'' (see Appendix B: Responses to Survey Questions for the complete set of frequencies). Residents' opinions on the importance of City services were similar between years, except for the importance of traffic enforcement, which saw a decrease in ratings from 2008 to 2012 (see Table 8 on the follow ing page). Table 7: Importance of City Services Following are services provided by the City of Wheat Ridge. For each service, please first rate the quality of each service and next rate the imyortance of each service. Police response t ime to emergency police calls (not code enforcement) Crime prevention Essential Very important Somewhat important Not at all important o% o% Total 100% 100% o% 100% General police services 46% 45 % g% ---------------1---~~+-----~~-------~~r-----~~~~, Street repa i_r and maintenance 29% 59 % _1_1_%-+----~---1 o% 100% o% 100% ------4---;;;L;-=+--_,J.,~+----- Police response tame to non-emergency police calls (not code enforcement) 3s% n% -o% 100% 1% 100% Maintenance of exist in.9.0y.P.arks -----· __ :z~ r--~ ______ 1_,5%'--+------+----4 Snow removal 32% 51% 16% o% 100% 2% 100% 3% 100% ~ain~~ceo f ~p~~~~~?tr~i ~---.... -26% r--54% 20% Land use, plannmg and zom !:'g 2~ 54% ~%-1--·-----+-----i Serv i ces/p rog ~ms fO!J.:Outh --------24% sG% --18% s% 100% 3% 100% -4% 100% Bus mess e v.pans 1on and recrUitmen !.E!~.~s -E.9! _____ _.....4_6_%-;r----18_%-t·----=.-;1---1 Municipa l court ______ .. __ -------r----28% ------~f--20% Serv1cestpr~~!!!'S f~~--------21% 54% 21% 2% 100% _3% 100% 3% 100% 3% 100% Recreation facil ities 21% 53% 24% -----------------1-·---·-·-.. ---'-r--------11---i Traff1c enforcement 23% -~~o%~f---.....;;.2s%.c..;,..;;+-·--..t.:..:.+==~ Bu ild ing inspections __ 22% --""'-'-5<0_%-t------2 ~5%-'-ii---~:.:...:;...~~-'-1 Recreation prog;!l_~---__ 19% . 52% 25% Building permits ------16% 52% 27% __s_% 100% 5% 100% Code enforcement Qunk vehicles, weed control, trash, outside storage) _A_n_i_m_a_l_co_n __ t_ro_l _______________ .. f--·-~?~-'----~4""'1-3~1%+-----·J?~ ____ _1% 100% Street clean ing n% 42% 42% s% 100% Community/pub lic art 9% 35% 41% 14% 100% Page 18 u c C i ty of Wheat Ridge, CO 2012 C i t i zen S ur vey I Report of Results Table 8: Importance of City Services Compared by Year Following are services provided by the City of Wheat Ridge. For each service, please first rate the quality of each service and next rate the importance of 2012 2008 2006 2004 each service. Pohce res~onse time to emergen'l: ~olice calls (not code enforcement) 97% 97% 97i'b 97% CrimeJ>revention 94% NA NA NA General police serviCes 91% 91% 94% 94% Street re_eair and maintenance 8g% 86% 8]% 86% Pohce response time to non-emergen__~lice calls (not cod.! enforcement) Bg% 88% ~% 8]% Maintenance of existi_!!9 .~.£?!~ks _ . ·-----8s% Bs% 83% TJ% Snow removal 83% 83% 77% 82% ~~ance of oeeny£~Ce and t~ils_ So% 82% n% 74% Land use, ~lanmng and 2omng 79% ]6% NA NA -Services/programs for ~outh 79% 81% 83% 81% BUSiness expansion and recruitment er29ram ~------J1fb. 73% 75% 66% Mu_n ici~!Jrt ._ _ ----76% 78% 79% 78% Services/programs for sen1ors -75% 77% 79% 76% Recreation faci lities 74% 76% 75% 74% Traff1c enforcement .12% ~-]P% 82% Bu ilding inse!_ctions ]2% 71% n% zo% RecreatiOn programs 72% ]2% 71% 6g% ~!lding P.ermits . 6896 64% 68% 6596 Code enforcemen~ ounk vetuclesl weed control, trash, outSide storage) 66% 6g% 72% 67% An imal control 6o% NA NA NA r-·------------1-----55% Street cleanmg 53% 53% 5~ Community/public art 44% 46% 38% NA Percent reporting Messentia/M or "very important" Page 19 PARKING "Off Street Parking" As of August 31, 2009 the City of Wheat Ridge has adopted revisions to the code, which prohibits the parking of a motor vehicle on landscaping or other un-improved surfaces. Vehicles cannot be parked on the lawn or other compacted dirt surfaces. The revised ordinance provides definitions for an acceptable residential driveway. It re- quires certain durable materials used for off-street parking in residential ar- eas throughout the city. The new rules exempt the existing residential drive- ways from this requirement. What are the requirements to park an RV or trailer on a residential street? You are allowed to park a trailer or RV on the street for up to 72 hours . All trail- ers must be attached to a towing vehicle. Moving the trailer/RVto another loca- tion or returning it back to the street does not extend or restart the 72 hour period. Can I park my semi-tractor or trailer at my house on my days off? A semi-tractor or trailer may only be parked on a residential property if it is actively being loaded or unloaded. A semi-tractor or trailer cannot be parked on any property within the city except at the Truck Stop unless a special use per- mit applies. Can I park my work truck at my house? The City allows one commercial vehicle parked on a residential property, or on the street in front of the residential property, provided it does not exceed a one-ton chas- www.ci . wheatridge.co .us Wheat Ridge Police Department Mission Statement The Wh ea t Rid ge Police De pa rtment is committed to providing the highest standards of servi ce in partnership with the community. Core Values Integrity We will maintain Integrity in all our actions. Respect We will treat citizens and co-workers with Respect. Courage We will d emonstrat e the Courage to do what is right. Persevera nce We will Persevere in the face of adversity. Initiative We will take the Initiative to serve and protect. Wheat Ridge Police Department 7500 W. 29th Ave nue Wheat Rid ge, CO 80033 Pho ne: 303-235-2926 Emergency: Di al 911 www .c i.wheatridge.co.us Community Services e~~ tile e~e ~anser Code Enforcement FAQ's ~~~~ N ., c G) E .c u "' ., :i ... ., r-City of • ~Wheat~dgc ~OLICE DEPARTMENT Wheat Ridge Police Department What is a code? City Codes are laws that are passed by the City Council of the City of Wheat Ridge. The assembled codes are contained in a book called the Wheat Ridge Code of Laws. Codes or laws are technically called ordi- nances and within the Code of Laws are separated into chapters. The chapters we will be referring to in this brochure are; Chapter 15: Nuisance Code, Chapter 24: Vegetation, Chapter 26: Zoning Code A complete copy of all the above Codes is available online at www.c i.wheatr idge .co .us under Municipal Code. Fines- Tenants and/ or property owners will be responsible to bring the property into compliance. Failure to comply will re- sult in an Administrative Citation. Pre- set fines are $150.00 for the 1st offense, $250.00 for the second offense and $500.00 for the 3rd offense. Each vio- lation is considered a separate offense. Snow Removal Where do I put all that snow? You can not deposit snow in the street, on the sidewalk or in front of a fir hy- drant. Snow can not be piled to ob- struct the view of On coming Traffic. www.ci. wheatridge.co. us WHO'S RESPON SIBLE? I am the tenan t , not the property owner, am I still held responsible for a ny code vio lations on the property which I rent? Yes, you are considered the 1·esponsible party whether you are the property owner or the ten- ant. The responsible party is considered to be any person who makes or causes any nuisance to ex- ist, or who has possession or control of any real property or premises. JUNK AND TRASH How long can someone store trash and garbage on their property? Trash and/or garbage may be stored on a prop- erty for no longer than 7 days . Why can't I st ore items on the s ide of my house, backyard and /or in my driveway? You are not allowed to store any items that are not normally outside, such as refrigerators or indoor furniture. What can be done about the trash and garbage all over my neigh bor's property? Contact the Community Services Unit with the property address, a detailed description of the problem and your contact information. VEHICLES Are inoperable/derelict vehicles all owed on a property, and what is considered an inoperable veh icle? You are allowed one inoperable vehicle per prop- erty but it must be covered with a commercial vehicle cover. A vehicle is considered inoperable if it is not properly licensed and insured; has flat tires; missing body parts, engine, windows, lights, or is otherwise legally or mechanically inoperable. Where can I park my vehicle for sale? It is prohibited to park a vehicle for sale on commercial property at anytime within the City of Wheat Ridge. You are allowed to park one vehicle at a time for sale in your driveway or directly inji'Ont of your property. SIGNS Can I post signs in Wheat Ridge? It is unlawful for any person without a permit to affix any handbill, poster, sign, etc., upon or to any lawful sign, telephone pole, power pole, or any public or private dwelling without the per- mission of the owner or occupant of the proper- ty. PROPE RTY CONDITION Does my neighbor have t o keep th eir ho use in good repair? Yes, all property owners/ tenants are responsi- ble for the condition of their property. It is un- lawful to allow any property to deteriorate through neglect or abandonment. This includes: peeling or faded paint; broken shutters or fas- cia; bent, broken or rusted gutters; broken win- dows or screens; detached doors or screens; broken or damagedfencing; damaged or dead landscaping; cracked and/or potholed cement or asphalt; presence of weeds in gravel or paved parking areas. Are businesses liable to keep t h e ir p roperties in a certain condition? Yes each business is required to maintain their property in the conditionfree of nuisance viola- tions. Businesses are to keep their property from becoming detrimental to the health, safety, gen- eral welfare or comfort of the citizens of the city. Depending on the business, vehicles can be stored on the premises for up to 10 days. Outside storage of trash, waste,junk or litter is prohibit- ed. Recreational Vehicles How many RV's are a ll owed? You are allowed 2 RV's , provided they are parked according to City regulations Can someone live in th eir RV o n t heir property? No, this is not an approved use. All RV's being occupied must be located at an approved RV www.ci. wheat ridge.co .us ... ~"., ... r . City of .. rP:Wheat&_dge ~OMMUNllY DEVELOPMENT TO: THROUGH: FROM: DATE: SUBJECT: Memorandum Mayor and City Council Patrick Goff, City Manager Ken Jolmstone, Community Development Director and Dan Brennan , Police Chief March 5, 2012 City Council Study Session Multi-Family Property Maintenance Program BACKGROUND/HISTORY: Goal #4 in the City Council Strategic Plan is a "More Attractive Wheat Ridge." In 2011 , City Council targeted the need to consider adoption of a multi-family (MF) property maintenance code and an associated registration/inspection program. Attached is the sheet from the City Council Strategic Plan that discusses the "key issues and actions" associated with this target item . The 2005 Neighborhood Revitalization Strategy identified rental property maintenance as a community concern that should be addressed to ensure long-term economic health of the City. The issue was also discussed with City Council in 2008/2 009 , before and after implementation of a MF inspection pilot program that was conducted by the City 's building inspection division. More recently in 20 I 0 , during the process of adopting the 2006 International (building) Codes , the topic ofMF inspection was discussed in a limited way with the Mayor 's building code task force and City Council. It was agreed that the topic required further discussion , and adoption of the 2006 version of the International Property Maintenance Code (IPMC) was deferred , though it is important to note that the 2003 version of the IPMC remains in effect in Wheat Ridge. Since 2009 , enforcement of the 2003 IPMC on residential properties in the City has only been on a complaint basis. The code enforcement function ofthe City has also been transferred wholly into the Police Department 's Community Services Unit. However, the Community Development Department continues to provide support to those efforts and the building division in particular responds to regular calls when residents who rent property in the City call to register a life/safety complaint about the condition of their residence. The City's building inspectors will respond to those calls and take action to address critical life/safety issues with the resident and property owner, as appropriate. ISSUE: Based on City Council prioritization of this topic in the 2011 Strategic Plan , the issue of rental property maintenance remains a concern of the community. Based on that direction , staff has conducted research of various other jurisdictions in the metro area as well as elsewhere in the country to evaluate how other jurisdictions have addressed these concerns in a programmatic way. Attached is a memorandum from Nathan Mosley dated January 12 , 2012 , which summarizes his research efforts on this topic. We were able to obtain information from Attachment 3 Multi-Family Property Maintenance Program March 5, 20I2 Page2 approximately 10 other communities. Some ofthe questions staffwanted to address include: • If you have a program , what prompted your community to institute the program ? • Which version of the IPMC do you enforce and did you amend those codes to "fit" your community? • How long has your program been in place? • Has the program had consistent political support? • How frequently do you conduct inspections? • Do you require registration and does the program attempt to achieve full cost recovery? • How much staffing do you have to support the program? • Does the program focus on both interior and exterior maintenance? The detailed responses to those questions are fully summarized in Mr. Mosley 's memo , Attachment # 2. POLICY DIRECTION: Based on the research staff has conducted , our past experience with the pilot program in 2008/2009 and our ongoing field code enforcement work and general field observations of the City, we are forwarding a recommended approach for a potential residential rental property registration/inspection program in Wheat Ridge . Based on direction we receive from Council at the March 5 study session , we would propose to come back to Council at a follow-up study session with a more detailed outline of a program along with potential resource needs and potential code amendments necessary to implement a program. We would also propose to conduct further outreach to affected interest groups , including groups representing both landlords and tenants. ln the text that follows , staff's policy recommendations are summarized in the highlighted text. Property Maintenance Codes. The IPMC is a very detailed document that gives a community broad discretion to achieve intetior and exterior property maintenance. The scope and level of detail gives a jurisdiction authority to seek repair of minor peeling paint , chips in bathroom appliance enamel , etc. Based on our research and field experience, we feel it would be necessary to provide more focus on the types of property maintenance issues we are concemed with and clearly relate those issues back to primary health and safety concems. We would propose adoption of a locally-amended version of the IPMC that focuses on Wheat Ridge priorities. Types of properties to be included . A vail able data sources are primatily the US Census and the Jefferson County Assessor's database. These sources indicate that approximately 72% of the City's housing is single-family detached housing. The data also indicates that approximately 54% of the City's housing is owner-occupied , and 46% is renter-occupied , which is a significantly higher percentage of rental housing than national and Denver Metro averages. This data also make it clear that much of our rental housing stock is single-family detached housing, duplexes and townhomes. These rental housing types make up a much greater percentage of our rental housing stock than larger rental properties. Rental properties with I 0 units or more constitute only I /3 of our total rental housing units . Nearly 25 % of all rental units in the City are either single family homes or duplexes. Based on the data , staff believes a successful program would need to include ALL rental housing. Multi-Family Property Maintenance Program March 5, 2012 Page 3 Interior vs. Exterior. Most of the complaint-based rental housing inspections that we currently conduct relates to interior housing conditions that often represent significant health and safety violations. Examples include: inadequate hot water or overly hot water, bug infestations , lack of water, lack of or inadequate heating, lack of functional appliances or fixtures (stove, bathtub , and toilet), inadequate or malfunctioning electrical systems and mold. To be effective in addressing the quality and safety of the City's rental housing stock , staffbelieves a rental housing inspection program needs to be able to address interior conditions as well as exterior property maintenance. Registration Requirements . The City does not have ready access to any database that would establish which properties are rented vs. owner-occupied . The City requires business licenses for rental property of 10 units or more; however, as noted previously, this represents less than 1/3 of our rental housing units. Tracking down rental properties at a single-family and two-family structure level would require parcel by parcel searches in the Jefferson County records. To establish an equitable rental inspection program, staff believes a mandatory registration program would be the most effective. The registration program could also offset some or all of the costs of administering the program. We also recognize that creating a new mandatory registration program has an impact on property owners. We would propose that the implementation approach of the program could provide a variety of incentives when first implemented that make it attractive for landlords to register their property in the program. See later comments for examples. Program Implementation . As noted earlier, implementation of a new registration program has an impact on property owners. To soften that impact, staff would recommend a variety of measures to incentivize landlords' participation in the program. For starters, if directed by Council to implement some variation of a rental registration/inspection program , we would envision an extensive public outreach effort to inform landlords and tenants of the basics of the program: how it works , what code issues are the priorities , why the program is a Council priority, etc. We would also propose that the program be initiated in a phased manner, starting with a voluntary registration period where perhaps the first year 's registration fee would be waived. We could consider waiving initial inspection fees during an initial phase of the program or waiving a portion of the building permit fees associated with corrective work during this initial program start up. Our research indicates that other cities administer their programs in a manner that requires inspections less than annually and rewards newer buildings or well-maintained buildings with fewer inspections. We would propose a similar approach to the frequency of inspections. Hotel I Motel Program. In coordination with the Police Department, the Building Division continues to conduct our annual hotel /motel inspection program . We believe this program is very much necessary and effective in improving the quality and safety of the hotel rooms in our City. The IPMC is an effective tool that we use in conducting those inspections . Staff recommends continuing the hotel/motel inspection program in its current fonnat. We look forward to having further discussion and answering your questions when we meet on March 5. ATTACHMENTS: 1. City Council Strategic Plan Target Sheet 2 . January 12 , 2012 Mosley Memo ..... ~~~ ... r City of .. W Wheat&_dge ~DMINJSTRATIVE SERVICES TO: FROM: DATE: SUBJECT: Memorandum Ken Jolmstone, Director of Community Development Jolm Schumacher, Chief Building Official Nathan Mosley, Management Analyst January 12, 2012 Multi-Family Home Inspection Program The need to improve existing multi-family rental property was identified in the Neighborhood Revitalization Strategy document from 2005 as part of the City 's overall effort to create a more attractive Wheat Ridge . Some of the problems identified were the old age of the rental stock and the low quality of the property maintenance. In order to address these issues the idea of an Apartment/Multi Family Inspection Program was included in the 2010/2011 Strategic Plan as a "high" priority by City Council. The concept is that by implementing a systematic inspection program for multi-family rental properties the city can provide a higher quality oflife and ensure the health and safety for its citizens . In addition, higher levels of rental property maintenance can translate into higher property values within the City. In order to obtain a better understanding of how such a program might work in Wheat Ridge a questionnaire was created and distiibuted through the CML managers ' listserv, ICMA, and the Alliance for Innovation to gather feedback from other municipalities that have rental inspection programs . In this memo I have highlighted six programs that offer a wide range of possible options regarding Multi-Family Inspection Programs. They range from large programs to small ones, longstanding programs to newly implemented ones, and programs that are self-sustaining to those that are subsidized by tax dollars. I have included a short nan-ative of each of the programs followed by the answers to the 13 questions included in the questionnaire . I have also included a couple additional program highlights from other municipalities. Arvada, CO (110,000) Arvada adopted the International Property Maintenance Code (IPMC) in 2009 to help protect private property values as well as bring older homes up to code . Arvada does not have a systematic program , they respond only to complaints. Since the adoption of the IPMC the program has been quite controversial with property owners , realtors and City Council members . Recently a stakeholder committee was formed to look through the adopted code and recommend changes to City Council. Based on preliminary feedback from the group their recommendations are to focus on enforcing only health and safety issues. Cosmetic issues would be taken out of the code . Their program would remain complaint based . Aurora, CO (325,000) Aurora has one of the longest standing programs in the Denver Metro area . Their program was created back in 1993 and is overseen by the Neighborhood Services Department (NSD). The main Multi-Family Home Inspection Program reason they decided to institute a program was to protect and enhance the value of ptivate property as well as to improve living conditions for residents. NSD prioritizes inspections based on how well maintained prope11ies have been in the past. New complexes are scheduled for inspection five years after the initial occupancy. Well maintained properties are scheduled for inspection every four or five years while properties with a history of violations are typically scheduled for inspections every two to three years . In any given year, Aw·ora NSD staff inspects around 7000 units . This equates to about 30% of the rental stock in the City. Inspections are done with Community Services Officers ( 18) and they focus on the home inspection program in the fall and winter when there are fewer zoning violations to deal with . The Aurora program is supposed to be self-sustaining. In recent years they have increased fees to help offset the costs of the program more adequately . Boulder, CO (100,000) Boulder has had a multi-family inspection program in place since 1965. The program was created because of concern for the safety of renters and rental properties in the community. Almost half of the housing stock in Boulder is rental property. One unique aspect to Boulders program is that they have private "licensed " rental license inspectors that do all rental inspections. Rentals are required to renew their license every four years , so each year about 5 ,000 inspections are done . In house, the program is administered by one half-time administrative assistant and one half-time code enforcement officer. The program is self-funded with rental units paying a $70 .00 license fee and a $250 .00 investigative fee for any violations. Englewood, CO (33,000) Englewood does not have a systematic inspection program . CuJTently they respond when they receive a complaint. The Englewood building department requires tenants to provide a written complaint to the landlord. The landlord then has 30 days to correct the problem . After 30 days a inspection is done by building department staff to ensure compliance . If the problem has not been fixed then a citation would be issued . There is no charge for the inspection . Lakewood, CO (142,000) Lakewood cuJTently has no multi-family housing inspection program . About two years ago City staff proposed an inspection program , but the Mayor and City Council were not supportive at that time. The main concem was the cost of personnel to implement the program . Lakewood staff has asked if we would share the information gathered in this report to possibly float the idea to their City Council a gam. Littleton, CO (41,000) The Multi-Family Home inspection program in Littleton started because of an overall aging of rental stock in the city as well as a decline in maintenance in the "North East Neighborhood". The program is relatively new ; it was sta11ed in 2008 , and employs one full-time inspector, two part-time inspectors and a part-time administrative assistant. In the past Littleton has seen fewer violations with single-family and duplex rentals so their systematic program focuses on buildings with three or more units . The staff inspects between 700- 1000 units per year. The program is not self-sustaining, but they do charge for re-inspections. The city also requires that all rentals within the city to register on an annual basis . Littleton City Council has been very supportive of the program . Multi-Family Home Inspection Program Longmont, CO (88,000) The City of Longmont does not have a systematic multi-family home inspection program . The Longmont City Council has not wanted to provide an inspection program as a City service . Currently the Community and Neighborhood Resources division proactively addresses exterior code violations on ALL properties within the City and deals with substandard interior conditions on a complaint basis only. Northglenn, CO (35,000) No response yet Rancho Cordova, CA (63,000) Rancho Cordova has a fairly new program as well. The program was created in 2007 after an Air Force base closed down and left a large supply of rental units with an enormous amount of deferred maintenance issues . The inspection program is enforced by code enforcement staff and they inspect approximately 1500 units a year. The code enforcement staff works in conjunction with the City 's GIS staff to identify properties with high amounts of calls for code enforcement and police department cal1s for service and focus on those areas. They also respond to all complaints . All rentals within the city of Rancho Cordova are subject to their inspection program and are required to pay a $10 per door registration fee . They also have very hefty fees for re-inspections ($253) and fines for failure to comply ($51 0). They also charge owners an hourly rate for properties that have on-going issues. Their program is close to full cost recovery. Westminster, CO (109,000) Westminster is another municipality with a long-standing inspection program . The program was started in the late 1990 's due to deteriorating properties and declining values , especially in the southern part of the city. The Building Department oversees the program and staffs it with two full-time inspectors and one part-time secretary. This staff is responsible for inspecting between 3000-4000 units a year. The staff prioritizes their inspections based on the age of the property. Buildings under six years of age are not required to be inspected. Buildings between 6 and 20 years are inspected every four years. Buildings that are over 20 years old are inspected every two years. By structuring their program in this manner it allowed them to focus on the buildings that were causing the most problem. In the past the program was not intended to be self-sustaining, but with the recent down-tum in the economy Westminster City Council has given staff direction to make the program self-sufficient. Staff has recently instituted a $50 license fee for all four-plex and larger units. In addition to this new fee they now charge a $40 inspection and a $50 re-inspection fee . Multi-Family Home Inspection Program Questionnaire Responses Question 1 What prompted your municipality to institute a housing inspection program? Arvada, CO To protect value of private property and bring older homes up to code. Aurora, CO To protect and enhance the value of private property in Aurora Boulder, CO Concern for the safety of renters and rental properties in the community. Littleton, CO Aging rental stock and a decline in maintenance in our "North East Neighborhood" Rancho Cordova, Great amount of deferred maintenance on rental housing stock. CA Westminster, CO Deteriorating properties and declining property values; Especially in the southern part of the city. Question 2 How long has your program been in Place? Arvada , CO Three years Aurora, CO 1993 Boulder, CO 1965 Littleton, CO 2008 Rancho Cordova, Four years CA Westminster, CO Since the late 90's Question 3 What department and how many staff members administer the program? Are they also resp_onsible for enforcement and legal action? Arvada, CO Community Development Department, Building Division. One staff member does inspections and one clerical support person. Aurora, CO Neighborhood Services Department -Neighborhood Support Division. 18 Code Enforcement Officers. Boulder, CO Building Construction and Code Enforcement work group. One half-time administrative assistant and one half-time code enforcement officer. Utilize City licensed Rental Housing Inspectors to make inspections for new and renewal rental housing licenses. Littleton, CO Codes and Inspections Division. One full-time supervisor, two part-time inspectors, and a part-time admin. Rancho Cordova, Code Enforcement Staff. CA Westminster, CO Building Department staff. Two full time staff and a part time secretary. Question 4 What is the biggest challenge you face with your program? How would you change your program to better address the challenge? Arvada, CO SuQI>ort for enforcing the IPMC. Aurora, CO Consistency of inspections. Boulder, CO Almost half of the City of Boulder is rental housing, just the vo lume of rental Multi-Family Home Inspection Program units is difficult to administer. We just rebuilt our program last year by replacing our Housing Code with the International Property Maintenance Code and cleaning up our rental license laws. Littleton, CO Lack of sufficient staffing. Because of current economic state no way to address it. Rancho Cordova, Changing the mindset of long time landlords. Started a rental housing CA training program and started to notify lenders when properties were losing value due to deferred maintenance and increased crime. Westminster, CO Adding in fees to make program self-sustaining. Access to units. Question 5 How many units per year do you inspect? What specific items are included in your inspections? Do you use a checklist for inspections? Arvada, CO No specific number. Respond to complaints. Adopted 2006 IPMC. Aurora, CO 7000, 30% of overall rental stock. See attached Aurora Policy Manual. Staff uses handheld devices to conduct inspections. Boulder, CO 5000, 25% of overall stock. Highly amended IPMC. Littleton, CO 700-1000. List of commonly found violations. Rancho Cordova, 1500. We look for all health and safety issues as set forth in the state code CA and building code violations. Westminster, CO 3000-4000 Question 6 How do you prioritize inspections? Arvada, CO There is no prioritization. Complaint driven. Aurora, CO New complexes are scheduled for inspection five years after initial occupancy. Well maintained properties are scheduled for inspection every four or five years. Properties with a high number of violations are typically scheduled for inspection every two or three years. Boulder, CO All rental units must be inspected every four years. Only prioritize enforcement cases. Usually based on which cases can be done most quickly. Littleton, CO Inspections are conducted based on what area within the City we are currently working in. However, if we receive complaints from a particular complex, we can focus our efforts there. Rancho Cordova, Use GIS to identify properties with a high amount of calls for code CA enforcement and police department service. We also respond to complaints. Westminster, CO Age of the building. Less than 6 years= no inspection. 6-20 years= inspections every 4 years. 20+ years= inspection every 2 years. Question 7 Is your program systematic or complaint based? Arvada, CO Complaint Aurora, CO Both Boulder, CO Both Littleton, CO Both Rancho Cordova, Both CA Westminster, CO Both Multi-Family Home Inspection Program Question 8 How did you decide which types of properties to include in your program? What influenced your cut off point? Arvada, CO All structures in Arvada are subject to the adopted IPMC. Aurora, CO Properties with eight or more units. Boulder, CO All residential rentals are included in the program except owner occupied units with 3 or fewer renters. Littleton, CO Typically, we see fewer problems with single family and duplex rentals; so we only inspect rentals with three or more units on a systematic basis. Rancho Cordova, Our program covers all rentals. Single family, duplex and multi-family CA complexes and hotels/motels. Westminster, CO Properties with four or more units. Question 9 Is your program self-sustaining financially? What fees do you charge and to whom? Is there a registration process? What information is required and how is that information maintained? Arvada, CO No. No fees are charged . There is no registration process. Aurora, CO Re-inspection fees in a graduated form . 1 )$27 .50 2)$55.00 3)$11 0.00 4)$275.00 5) Court Summons. Staff can issue a summons at any time if the owner is not coo_Q_erating. No license or registration required . Boulder, CO Our program is self-funded through licensing fees and violation administrative fees. Licensing fees are $70.00 per building or unit and a $250.00 investigative fee on violations and renewal violations. There is a registration process and forms are available in the office or on line for rental housing licensing with renewal of rental licenses every four years. Littleton , CO Our program is not self-sustaining. Re-inspection fees ($1 00 per unit or exterior area). All rentals are required to register with the city. We require owner/agent infonnation, address and phone numbers as part of the registration. Rancho Cordova, Started program with CDBG funded staff. All rentals must obtain a business CA license and pay a $10 per door registration fee. Can fine $51 0 for failure to comply and $253 for additional inspections. Charge hourly staff rate for ongoing problems. We are close to full cost recovery. Westminster, CO Originally no. Recent Council direction was to make the program self- sustaining. Instituted fees to make it self-sustaining. Question 10 What codes and/or standards are enforced as part of your program? Do you adhere to the International Property_ Maintenance Code? Arvada , CO IPMC Aurora , CO City Code, chapter 22 Boulder, CO We have a separate rental license ordinance, contractor's license ordinance highly amended IPMC. Littleton , CO We have adopted the Property Maintenance Code; we have also amended and added codes as necessary. Rancho Cordova, Currently use the California State Health and Safety Codes as well as State CA Building Codes. May switch to IPMC , but standards are very similar. Westminster, CO City Code. Multi-Family Home Inspection Program Question 11 Does support for the execution of the program fluctuate with changes in the political landscape? Arvada, CO Yes. The adoption and enforcement of the IPMC has been very political. Things are going backwards. Aurora, CO No; Council is very supportive. Boulder, CO Not usually, but we were recently asked to upgrade the requirements for rental license inspections by the council, which is why we dropped the City housing code and adopted the IPMC. Littleton, CO So far we have received overwhelming support from City Council. Rancho Cordova, No CA Westminster, CO No; They have been fairly supportive throughout the program. Question 12 Does your program include both owner occupied and rental units? Arvada, CO Yes Aurora, CO No Boulder, CO Owner occupied with more than 3 unrelated tenants requires a rental license as well as single family and multiple family units. Littleton, CO Our program only includes rental units. In extreme cases, we would enforce the Property Maintenance Code on the interior of an owner occupied property (i.e. hoarding) Rancho Cordova, Only rental units. General Code enforcement deals with issues relating to CA owner occupied properties. Westminster, CO Only rental. PD deals with owner occupied enforcement of the cities nuisance code. Question 13 Does your program focus on both interior and exterior maintenance? Arvada, CO Both Aurora, CO Yes Boulder, CO Mostly interior requirements and exterior life safety issues. Littleton, CO Yes Rancho Cordova, Yes CA Westminster, CO Yes Additional Program Highlights • Give citizens option to pick their own certified home inspector as opposed to having the city do it. This option is usually more expensive to the homeowner than participating in the program, but it gives them the flexibility to choose their own inspector. (Boulder) • For larger complexes, randomly inspect I 0% with option to inspect all units if necessary. • All owners are required to perform a self-inspection that is to be tumed in with their annual registration (Council Bluffs, lA) Self-Cert Program (Concord, CA) • For Self-Certification, have a training class that owners/managers must attend to be Multi-Family Home Inspection Program eligible. • Hold an annual meeting between code enforcement and large complex management. Lay out expectations , answer questions , and create a relationship. Next Steps I recommend setting up a meeting to discuss the findings. Based on that meeting further information gathering might be necessary. Creation of a program outline and overall direction for moving forward should also be a goal of the meeting. Once a recommended plan has been created then it should be taken to a City Council Study Session for feedback and consensus on moving forward . Attachments I. Selfcertpacket.pdf 2. 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JOHNSON .S.USON IRIS NO!:J'OCO!Hct HOYT WQ.UND CAftlA~O CA'"'ISOH ST Fl..O!EA FIEU> E'f!RETT !ST[S OUOL.&:Y OOV£R OOOY CARR ST Blt[NT'IIIOOO BALSAM AN"ONS 8900 8800 8700 aeoo 8!1(10 8400 8300 8200 8100 AU.ISCI4 1000 ltPH'tll( 7900 YARitOW 7800 'I\IICOH 1700 WADSWORTH 11...W 1800 let 7SOO VANCE 7400 A\1 7300 1n.L£R 7200 SAII\.SBUR'Y 7100 Rt~ 1000 QUAY 8900 PI!RCE ST 1800 0115 8100 tf£WLANO 8600 MMSHH.J.. 6500 LAN ot.R 8400 I<DIOAU. O.JOO JAY ezoo ll~CAU.S 8100 ~ ST eooo ClfAY ~ flHTtiN 5800 !AfON 5100 DI!:Ptw 51.00 CHASE seoo BfNTOI>.I 5400 AMts 5.300 SHEAIONI 91..\ID ~200 ~"·~ .. r City of A~Wheat&_dge ~OFFICE OF THE CnY MANAGER TO: FROM: DATE: SUBJECT: Memorandum Mayor and City Council (\ A Patrick Goff, City Manager.W July 31 ,2014 38 1h A venue Street Width Designation -f+~4 . On July 141h , City Council held a public hearing and designated street widths for the 38 1h Avenue Corridor project and directed staff to prepare an ordinance to submit the street width question to the voters. To submit a ballot question to the voters at the November 4 , 2014 election, the City must have the finalized ballot language to the Jefferson County Clerk and Recorder by September 51h . To meet this deadline, an ordinance would be scheduled for first reading on August 11 1h with second reading and public hearing scheduled for August 25 111 • Following is the proposed language to submit this question to the voters: SHALL A STREET WIDTH FOR 38TH AVENUE BETWEEN UPHAM STREET AND MARSHALL STREET BE ESTABLISHED BY CITY COUNCIL IN ORDER TO IMPLEMENT THE VISION OF THE 38 TH AVENUE CORRIDOR PLAN TO REVITALIZE THE 38TH AVENUE CORRIDOR BETWEEN UPHAM STREET AND MARSHALL STREET INTO A MAIN STREET BUSINESS DISTRICT TO INCLUDE WIDER PEDESTRIAN SIDEWALKS , AMENITY ZONES WITH LANDSCAPING AND SEATING AREAS , ON-STREET PARKING, PUBLIC ART , AND COMMUNITY GATHERING PLACES , SUCH THAT THE STREET WIDTH FOR 38 TH A VENUE BE ESTABLISHED AT 47 FEET FROM UPHAM STREET TO HIGH COURT, 41 FEET FROM HIGH COURT TO 230 FEET EAST OF HIGH COURT, AND 35 FEET FROM 230 FEET EAST OF HIGH COURT TO MARSHALL STREET?